An in-depth and broad introduction to Islam Mohammad M Rahman BA Shariah Law, Saudi Arabia, LLM International Law, Malaysia THE RELIGION OF ISLAM Everything You Need to Know! Contents General Overview of the Religion of Islam ............................................................................................... 3 Principles of Faith .................................................................................................................................... 6 Monotheism ........................................................................................................................................ 6 God’s Existence................................................................................................................................ 6 One God? ........................................................................................................................................ 8 Islamic Monotheism ........................................................................................................................ 9 The Seven Essential Attributes ....................................................................................................... 10 God’s Transcendence ..................................................................................................................... 13 Justice ............................................................................................................................................... 13 Prophethood ..................................................................................................................................... 17 Imamate ............................................................................................................................................ 19 Sahaba .............................................................................................................................................. 21 Angels ............................................................................................................................................... 22 God’s Revelations .............................................................................................................................. 23 Resurrection ...................................................................................................................................... 28 Heaven & Hell.................................................................................................................................... 32 Principles of Actions .............................................................................................................................. 33 Purpose of Shariah Law ..................................................................................................................... 35 Domains of Activities ......................................................................................................................... 35 Interpreting Shariah Law.................................................................................................................... 40 What is Interpreting Islamic Law? .................................................................................................. 40 The Four Sources ........................................................................................................................... 40 Subsidiary Legal Principles ............................................................................................................. 42 Legal Rulings .................................................................................................................................. 48 Intrinsic Legal Attributes ................................................................................................................ 49 Linguistic Semantics ....................................................................................................................... 49 The Analysis of Narrations ............................................................................................................. 55 Conflict of Texts or Legal Principles ................................................................................................ 56 Algorithm of Interpretation............................................................................................................ 56 Men of Shariah Law ....................................................................................................................... 56 Schools of Legal Thought ............................................................................................................... 57 Major Acts of Shariah Law ................................................................................................................. 65 Major Rituals ................................................................................................................................. 65 The Islamic Diet ............................................................................................................................. 67 The Islamic Character..................................................................................................................... 69 Economy........................................................................................................................................ 77 Marriage & Divorce........................................................................................................................ 85 Inheritance .................................................................................................................................... 88 Court and Adjudication .................................................................................................................. 90 Crime and Punishment................................................................................................................... 94 Islamic International Law ............................................................................................................... 97 Political Activism ............................................................................................................................ 98 Islamic Upbringing ....................................................................................................................... 102 The Islamic Society .......................................................................................................................... 105 Islamic Sects .................................................................................................................................... 108 Confused Issues about Islam................................................................................................................ 109 Patriarchy ........................................................................................................................................ 109 Wife Beating.................................................................................................................................... 115 Hijab................................................................................................................................................ 116 Female Witness ............................................................................................................................... 118 Polygamy ......................................................................................................................................... 119 Child Marriage ................................................................................................................................. 120 Female Circumcision ........................................................................................................................ 122 Incest .............................................................................................................................................. 123 Mut’a Temporary Marriage ............................................................................................................. 123 Jihad and Kafirophobia .................................................................................................................... 124 What is Jihad?.............................................................................................................................. 124 Prophet was a Warlord? .............................................................................................................. 127 Freedom, Forgiveness and Tolerance ........................................................................................... 128 What is Meant by Kafirophobia? .................................................................................................. 130 Did Islam Spread by the Sword? ................................................................................................... 133 Taqiyya ............................................................................................................................................ 136 Blasphemy & Apostasy .................................................................................................................... 136 Visiting Graves and Intercession ...................................................................................................... 137 Islam’s Contributions ........................................................................................................................... 138 Islam’s Inspiration to Seek Knowledge ............................................................................................. 138 Major Muslim Contributions ............................................................................................................ 139 Why Accept Islam? .............................................................................................................................. 139 General Overview of the Religion of Islam There was a decision in the high heavens that man will be the next vicegerent on earth replacing the Djinns1. The angels’ concern to God about spilling of blood was from their experience of the dominion of the Djinns. May be the Djinns do not have blood like us but perhaps other creatures existed with or before Djinns whom were fought. It has been mentioned in Islamic history books that God chose Iblees a Djinn2, now Satan, and whose previous name before disobedience was Azazil and the most pious servant, to lead an army of angels to fight the rebel demons from the Djinns on earth. However, arrogance took over Azazil and he became Iblees and the Satan3 and open enemy of man4. Islam proposes three ways to fight the dominion of Iblees: Preaching, jurisdiction and war. It is highly likely the era of dinosaurs was the era Djinns existed and ruled earth because as Hadith states the Djinns’ major diet are bones of animals, and as being creatures of superior power they might have been able to hunt these giant creatures. However, as humans are really weak and could not possibly have existed with the giant and dangerous creatures of the era of dinosaurs, they were annihilated by God to prepare earth for the next vicegerent: man. Atheists will call God cruel for this but they have no 1 And [mention, O Muhammad], when your Lord said to the angels, "Indeed, I will make upon the earth a successive authority." They said, "Will You place upon it one who causes corruption therein and sheds blood, while we declare Your praise and sanctify You?" God said, "Indeed, I know that which you do not know." (Quran 2:30) And ˹remember˺ when We said to the angels, “Prostrate before Adam,” so they all did—but not Iblîs,1 who was one of the jinn, but he rebelled against the command of his Lord. (Quran 18:50) 2 God asked, “What prevented you from prostrating when I commanded you?” He replied, “I am better than he is: You created me from fire and him from clay.” (Quran 7:12) 3 4 Surely Satan is an enemy to you. Therefore, take him as an enemy. He calls his followers to his way so that they may be among the inmates of the Fire. (Quran 35:6) problem when their so called mother nature does this, I mean atheists are perfectly Ok with nature doing protective and merciful things and also destructive and cruel things. Once God has created us for His worship5, it is then only reasonable that He teaches us how to worship Him and this guidance comes in the form of a religion called Islam, or religion of submission and servitude. So, the religion which is only acceptable to God is Islam6. God creates a unique identity, identity of faith connected with the heaven. God given identity and existence thus transcends and reshape anything rooted in race, ethnicity, tribe or nationality. God will color you with the divine. Islam gives its adherents an identity and honor based on this unique humanity, justice, morals and spirituality. Why Islam being a divine system, has not succeeded and triumphed over imperialist and colonial philosophies and systems which are systems of Iblees7? Islam has the potential to raise Muslims to be the best and most successful nation of faith excelling in all metrics of success spiritual, legal, moral, political, social, cultural, economic, financial, personal, psychological etc. The success is designed to bring about the most fulfilling satisfaction of the heart, mind and body. However, Islam is a tool and a tool’s use is as much as the ability and expertise of its user. Muslims are the users and they have failed to use Islam properly because some do not believe in all of it, some do not understand it correctly and some fail to implement it completely and correctly. This is however different for western philosophies and people. They completely believe their worldview, they completely understand their ways as a consequence of their genetic inheritance and solidified upbringing and their ruling establishments have committed the worst crimes in history to completely and correctly implement their worldview and systems spilling over beyond their existence, resulting in a more or less westernized world. The inner circle which is the most concentrated area of this westernized world is western Europe, the Americas and some Eastern white countries namely New Zealand and Australia. Islam is based on equity and justice rather than equality, and given human diversity, differences and variations both externally and internally, equality cannot be achieved, rather it may be destructive at times to even try to achieve equality. Islam is a religion of reason and rationality and even the unseen part of this great religion is established by transitive reasoning. Traditionally this has been embedded in 5 I did not create jinn and humans except to worship Me. (Quran 51:56) 6 Indeed, the religion in the sight of God is Islam. (Quran 3:19) 7 [Iblees] said, "My Lord, because You have put me in error, I will surely make [disobedience] attractive to them on earth, and I will mislead them all”. (Quran 15:39) Kalam and dialectics. Islam is neither left wing liberalism nor right wing fascism. In Islam freedom is rational unlike chaotic self-destructive liberalism. In Islam racism, tribalism and xenophobia are rejected unlike in fascism. Islam is the middle ground, the universal model. Islam is a systematic religion in contrast to conjectural religion due to its interpretation and analysis based on a coherent body of logical, legal and linguistic dialectics but many Muslims have failed to utilize this when trying to understand Islam. Islam is a spirituality, morality, law, Ideology, world view, economic and financial systems and an inspiration towards research and pursuit of knowledge. These combined fuels the effort and zeal to build monotheistic civilization as God wills on earth. Quran and Prophet with his Ahl Bayt have demonstrated Islam in a multifaceted model comprising of politics and governance, law and administration, economy and finance, military and war, personal spirituality and morality and international relations. Duty of Muslims is to implement this model collectively and individually in Muslim countries as vicegerents of God. Everything returns to analysis of holy texts and its implementation through creative models and protocols. Racism, nationalism, aristocracy, tribalism etc. these secular constructs are based on a sense of belonging to a biological, geographical or material group, whereas Islamism is a construct based on adherence to (divine values, beliefs and actions). Islam thus is the most universal and welcoming system and ideology. This system of Islam has a message of peace but not the way many people think. The message of Islam peace thus is a result of other subsidiary messages of its branches such as the political message of Islam is resistance against tyranny, persecution and exploitation, the legal message of Islam is justice and deterrence, the economic message of Islam is equity and welfare, the social message of Islam is morality and charity, the military message of Islam is defense and fight for the oppressed and the spiritual message of Islam is humility and mercy. Islam has given every human, irrespective of their faith and loyalty to God: right to life, right to Justice, right to sustenance and livelihood, right to knowledge, right to welfare and charity, right to marriage and family, right to self-defense against injustice, right to property, freedom from liability and right to limited religious freedom. Islam proposes a life based on rules and measured consequences resulting from disciplined actions8. In Islam there is no pleasure higher than seeking the pleasure of God 9. An example of such a life is the life 8 ..To each of you (Prophet) We prescribed a law and a method.. (Quran 5:45) 9 …Surely in the remembrance of God do hearts find comfort. (Quran 13:28) of the Muslim woman, which is built on chastity, sympathy, intelligence and wisdom, piety, loyalty and devotion to husband and guidance to the children. Principles of Faith These are the foundations of the faith and the religion because on these rest the entire religion of Islam. These must be believed in and understood by every Muslim to preserve and understand his or her faith. These are both agreed by Shia and Sunni but in varying emphasis between the two, for example God’s justice is central to Shia understanding of Islamic faith while for Sunnis it is not central but nonetheless important. Understand that the whole religion of Islam is two things: rules of beliefs and rules of actions which define the Muslim’s entire existence i.e. individual and collective levels. These rules are discussed by the Shariah or the way of the law. Monotheism God’s Existence Does God exist? Is Islam a fantasy, a made-up thing to support a made-up being called God? These questions can only be answered if we explain God’s existence. If God exists, then there is a logical possibility of a systematic religion attributed to God because of His nature. For Muslims God exists and this religion for God is Islam10. Proof of God’s existence is rational but not scientific because science is agnostic, and God cannot be under systematic empiricism because then God would be another scientific object and not God. We can offer several rational explanations for God’s existence. For example, fine tuning theory 11 supports the existence of God. The term “fine-tuning” is used to characterize sensitive dependences of facts or properties on the values of certain parameters. Technological devices are paradigmatic examples of fine-tuning. Whether they function as intended depends sensitively on parameters that describe the shape, arrangement, and material properties of their constituents, e.g., the constituents’ conductivity, elasticity and thermal expansion coefficient. Technological devices are the products of 10 11 Indeed, the religion in the sight of God is Islam (Quran 3:19) And He has subjected to you whatever is in the heavens and whatever is on the earth - all from Him. Indeed in that are signs for a people who give thought. (Quran 45:13) actual “fine-tuners”—engineers and manufacturers who designed and built them—but for fine-tuning in the broad sense of this article to obtain, sensitivity with respect to the values of certain parameters is sufficient. Philosophical debates in which “fine-tuning” appears are often about the universe’s finetuning for life: according to many physicists, the fact that the universe is able to support life depends delicately on various of its fundamental characteristics, notably on the form of the laws of nature, on the values of some constants of nature, and on aspects of the universe’s conditions in its very early stages12. A classic response to the observation that the conditions in our universe seem fine-tuned for life is to infer the existence of a cosmic designer who created life-friendly conditions. If one identifies this designer with some supernatural agent or God, the inference from fine-tuning for life to the existence of a designer becomes a version of the teleological argument13. If some imaginary things are said to exist, it may or may not be proved or disproved. There is an equal probability of existence and non-existence in some worlds, but not all worlds, or else we would have found it in our world. For example, we say Santa clause is a fantasy but not aliens. This is because Santa clause has been attributed to our world in a certain place and we can easily verify these places for Santa clause’s existence an that is it does not exist. However, aliens has been attributed to galaxies and we cannot verify all the galaxies to establish or refute its existence. On this reasoning God’s existence is not a fantasy just like existence of aliens is not a fantasy. From this we can further hypothesize that God by definition is Highest Intelligent, Maximal Creativity, All-Powerful Being. Intelligence is not a physical reality but a cognitive reality, creativity is a conscience reality, and power is a political/legal/physical/mental reality, attributed to an entity called living human. Just as intelligence, power and creativity cannot exist without a living agent such as humans, highest intelligence, maximal creativity and maximal power cannot exist without a living agent and this agent is called God. So God must exist as an inductive necessity. However, one can ask, do we need highest and maximal qualifications? The answer is, the existence of universe needs some amount of intelligence, creativity and power for it to exist and be workable. As we humans cannot really make sense of the universe without an amount of intelligence, creativity and power, then there must be an amount of intelligence, creativity and power greater than us for the 12 And He completed them as seven heavens within two days and inspired in each heaven its command. (Quran 41:12) 13 Friederich 2017 universe to be workable as it is. This is the amount we do not know the measure of. This measure is the maximal and highest degree attributed to God. We can prove God’s existence from semantics of language. There are laws so there must be lawgiver. There are designs so there must be designer. There are programs so there must be programmers. There are products so there must be producers. Universe got laws, designs, processes, and products [of processes] thus there must be someone to satisfy the requirements of language and this is what we call God. We can also establish God’s existence from possibilities. The universe with its fundamental rules and constraints is a possibility from many possibilities. It could have been a world like the film “upside down” but it is not. This possibility of present universe as we know it, from other type of universes show a decision. The decision implies a will and “will” implies Intelligence. This is what we call God who is Intelligent. Also, it could have been possible for the universe to not exist, but it exists, and it needs a necessary determinant, which we call God. We can establish God’s existence form moral necessity. Without God there is no guaranteed justice, and this is a negative attribute. If evolution has meant humans to bypass justice for their crimes then this is an evolution, which is morally unacceptable. Morality demands guaranteed justice. So, if we do not get this justice in the world, then there must a world where guaranteed justice must be attained, and this world is what we call heaven and hell. If there is heaven and hell then there must be an absolute judge who we call God. Without God, I do not need to believe in concepts of morality such as good and bad, right and wrong. The alleged evolution from monkey is physical and in no way necessitate moral adherence. Thus, without God, I am morally unaccountable. God is thus a moral necessity. One God? Is it one God only? If God is not defined by monotheism then He is not god, just another being of existence. By definition of God multiplicity of gods cannot exist as God is the Supreme Unique AllPowerful Creator. If you say multiple gods existing equally with same power, might and knowledge etc. that is same multiple identities, then it’s fair to say one God suffices because all these multiplicities will have one “divine will” but if you say they will have contradictory wills then existence will be in chaos and destroyed as stated in Quran14. Looking at the Greek gods give us this horrific cruel existence of gods warring among each other and world and humanity in chaos. As Imam Jafar Al-Sadiq rejected multiplicity of gods stating the universe and all its parts are in order and harmony pointing to one manager, one God. Polytheism is thus an intellectual and imaginary fallacy due to failing to grasp oneness of God and thereby creating idols to represent gods15 16 17. Islamic Monotheism Tawheed or Islamic monotheism is oneness of God in all that is unique to only Him such as His creativity and power, right to be worshipped, right to legislate and right to perfect attributes. God’s essential attributes are seven which exist as one in His essence without division. These seven attributes have different meanings, but one united existence as multiple eternities cannot exist for one God. The seven attributes are God being all powerful, willful, knowing, living, seeing, hearing and speaking. These and other additional attributes emanating as a result of these may apparently look similar with human attributes, but they are not the same. The attributes have source and destination such as what causes the activities of these attributes and the effects as a result of these, so for example human hears and the cause is physical ear and the effect is hearing but God also hears however we do not know the affirmative cause but negative cause which is God does not have physical ear yet nonetheless God hears and the reality of such hearing we do not know. The same goes with all other attributes of God whether we know or do not know. This is because God is transcendent. 14 Had there been within the heavens and earth gods besides God, they both would have been ruined. So exalted is God, Lord of the Throne, above what they describe. (Quran 21:22) 15 You only worship, besides God, idols, and you produce a falsehood. Indeed, those you worship besides God do not possess for you [the power of] provision. So, seek from God provision and worship Him and be grateful to Him. To Him you will be returned. (Quran 29:17) 16 And do not invoke besides God that which neither benefits you nor harms you, for if you did, then indeed you would be of the wrongdoers.' (Quran 10:106) 17 [Mention] when he said to his father, "O my father, why do you worship that which does not hear and does not see and will not benefit you at all? (Quran 19:42) The Seven Essential Attributes God is all Powerful18. By power God creates19. God creates and makes by His creativity20. Creation is bringing something into existence from nonexistence while making is bringing something new from something already existing. Mankind's efforts in inventions are God's making. God is able to do all things logical21. God's power is in the word Be 22. His power is the only power that can create and destroy. There are philosophical issues in this attribute that atheists have raised. Two major issues are the stone problem and the egg problem. Can God create a stone which He cannot lift himself? This question is fallacious and illogical as it is self-refuting. It gives a challenge to God and then demands God cease to be God. So, the question can God create a stone which He cannot lift himself, it is asserting and denying at the same time, that God is unlimited yet is limited, and this is a contradiction. The second issue can God fit the earth in an egg without resizing either of the two. An atheist asked this to Imam Ali to which Imam Ali replied that inability cannot be attributed to God and this event is not to be. What this means is God cannot cease to be God by inability and that illogical occurances are contradiction to God’s creative rules. God’s “will” is an interesting discussion and many people are confused about it. Everything happens by the will of God is a true statement23 24, but people do not understand this and often end up in fatalism and thinking God as evil. People blame their own ignorance and incompetence on God and gives an excuse that God is responsible but not I. There are two categories of God’s will. 18 Indeed, God is Powerful and Exalted in Might. (Quran 58:21) 19 His command is only when He intends a thing that He says to it, "Be," and it is. (Quran 36:82) 20 Indeed, your Lord - He is the Knowing Creator. (Quran 15:86) “He is over all things competent/able” (Quran 57:2). These things are not only existing things but also logical possibilities which do not still exist. 21 22 His command is only when He intends a thing that He says to it, "Be," and it is. (Quran 36:82) 23 And you do not will except that God wills - Lord of the worlds. (Quran 81:29) 24 Indeed, God does what He wills. (Quran 22:18) First is command will which consists of three types: Interventional will is when God intervenes in the creation such as parting of the Nile or flood of Noah or cooling of Abraham’s fire or even as simple as God intervening to save a patient who was supposed to die in surgery. Systematic will is a system God designed as indicated by Him being lord of the worlds. There are countless systems the existence of which we can arrive at through induction on basis of systems we know. These systems are not only systems of empirical sciences but also consists of our psychology, our society, system of good and evil, system of justice, system of morality and many more. These systems also consist of subsystems. Systematic will encompasses everything. Three essential features of a system are cause and effect, correlation, sets of probabilities and randomness. Religious will is the laws and guidance God revealed for humanity and today it is the holy Quran. The human will must submit to the religious will and they will be judged for this. The second is permissive will. When God allows something to go on as part of the system, He designed then it is command will. For example, when a person does evil to another person God allowed it as part of the systematic morality, He designed which includes reason and free will and even correlation. For example, in an unsecure society going out at night is correlated with being victim of a crime but in a society run by Shariahhh law going out at night is correlated with safety. Our free will within the Will of God is limited. What we humans can offer are two things for which we will be held accountable: limited free will and our effort. For example, if one is thirsty, he wills to drink water and then makes effort until he drinks it. This person has performed his will in systems God designed. Systems we can observe is how his body acts biologically to take the water and filter through the kidneys, how his muscles help him to get to the water to pour it in the glass etc. God can intervene on behalf of His servants if the sincerity of their free will and effort are accepted by God such as in a Jihad for God to empower His religion (religious will). God encompasses creation by His will, knowledge and power. God is knowing25 can also mean God is wise26 because two are related. God knows everything in His creation and His knowledge transcends time. Knowledge is basically what God creates as and so knowledge in reality is what God creates and manages. God is Wise due to His justice through His laws and judgments. God's wisdom may contain a greater picture of things and a greater purpose. This is achieved through God's judgement. God judges both in this world and on day of judgement. God’s wisdom implies God does not create or legislate anything in futile27 and that everything has a wisdom and/or purpose behind it. God is living means He exists, does not decay, does not tire, does not weaken and does not sleep 28. God sees and hears29 but without organs or tools. God speaks but without organs or tools. God's speech has two perspectives. One is essential to God and another is external and created. The first is without letter, tongue or sound and consists of meaning. The second is divine revelation such as Quran which consists of created letters of Arabic. God's speech is communicated in three ways30 : by revelation, behind a barrier and through Messengers. 25 Indeed, God is, of all things, Knowing. (Quran 29:62) 26 And God is Knowing and Wise. (Quran 4:26) 27 Then did you think that We created you uselessly and that to Us you would not be returned? (Quran 23:115) 28 God - there is no deity except Him, the Ever-Living, the Sustainer of [all] existence. Neither drowsiness overtakes Him nor sleep… His throne extends over the heavens and the earth, and their preservation tires Him not. And He is the Most High, the Most Great. (Quran 2:255) 29 30 There is nothing like unto Him, and He is the Hearing, the Seeing.(Quran 42:11) And it is not for any human being that God should speak to him except by revelation or from behind a partition or that He sends a Messenger to reveal, by His permission, what He wills. Indeed, He is Most High and Wise. (Quran 42:51) God’s Transcendence This means God is beyond place and time31 32 and He cannot be seen33 34. This also means God does not resemble creation and that God is not anthropomorphic35. Whatever physical parts that has been attributed to God in Quran and Hadith these are all interpreted metaphorically to understand the meaning of the texts. For example, when Quran says God’s hand is over their hands36 this means God’s power and support are with them, or when Quran says in regard to Noah build the ship under our eyes37 means under God’s supervision and protection etc. To think God has actually physical parts is disbelief in God according to Shism and Sunnism. God cannot be also seen as that would imply God’s body and containment in a place. Justice Justice is the second principle of faith for Shism but not a principle of faith in Sunnism, rather an aspect of theological and legal rules yet both agree on the importance of justice. The reason it is central to Shism is because Shism unlike Sunnism believes justice is an attribute of God in the sense God always does justice and never does injustice. In Sunnism God doing justice is optional and is not a condition or 31 “Unquestionably He is, of all things, encompassing” (Quran 41:54). This also means place and time do not contain God. 32 He is the First and the Last, the Ascendant and the Intimate, and He is, of all things, Knowing. (Quran 57:3) “And when Moses arrived at Our appointed time and his Lord spoke to him, he said, "My Lord, show me [Yourself] that I may look at You." [God] said, "You will never see Me,…” (Quran 7:143). Note the emphasis Quran uses lan which means never. 33 “Vision perceives Him not, but He perceives [all] vision; and He is the Subtle, the Acquainted” (Quran 6:103). This means both perception of mind and vision of sight. 34 35 There is nothing like unto Him, and He is the Hearing, the Seeing. (Quran 42:11) Surely those who pledge allegiance to you ˹O Prophet˺ are actually pledging allegiance to God. God’s Hand is over theirs. Whoever breaks their pledge, it will only be to their own loss. And whoever fulfils their pledge to God, He will grant them a great reward.” (Quran 48:10) 36 And build the Ark under Our ˹watchful˺ Eyes and directions, and do not plead with Me for those who have done wrong, for they will surely be drowned. (Quran 11:37) 37 obligation so Sunnism says God if He wills can put righteous servants in hell and sinful servants in paradise while Shism rejects this because justice is the nature of God38 39. First understand that two principles God created: Good and evil and two agents: reason and will power. God combined reason with will and separated good and evil. God chose good against evil and thus proved His justice and welfare of His creation. Atheists complain about the futility of God while suffering exists, and they say suffering is evil. However, suffering is not evil but may be caused by evil. Suffering has many objectives. Suffering is an opportunity to find God, it is a punishment for the evil hosts or it is a teacher about life, self-sacrifice, and patience and an uniting factor. Some of the rules that God has ordained on Himself are a) He does not do evil b) He does not do injustice c) He punishes by His justice d) He rewards by His mercy e) His recompense towards humanity is as much as it deserves f) God’s mercy overcomes His wrath but we do not know when God is merciful when He could have been just unless such is revealed in Divine texts g) God is truthful. As part of God’s justice God rejects evil40 and punishes the oppressors and sinners41, and prescribed Jihad42 for the oppressed against oppression and sins. One may say the world is full of sinners and oppressors yet why God is not doing anything? First of all, the responsibility of fighting injustice and oppression has been given to humans43 and not for God to intervene every time. Even if sinners and oppressors have become too powerful God may not do anything still, so God can punish them for their cumulative sins with a great punishment44. However, effort from the oppressed can invoke God’s help so 38 And God wants no injustice for [His] servants. (Quran 40:31) 39 “God wants no injustice to the worlds.” (Quran 3:108) 40 Indeed, God orders justice and good conduct and giving to relatives and forbids immorality and evil and oppression. He admonishes you that perhaps you will be reminded. (Quran 16:90) 41 …and for the wrongdoers there are no helpers. (Quran 3:192) 42 And what is [the matter] with you that you fight not in the cause of God and [for] the oppressed among men, women, and children who say, "Our Lord, take us out of this city of oppressive people and appoint for us from Yourself a protector and appoint for us from Yourself a helper? (Quran 4:75). 43 44 Then We made you successors in the land after them so that We may observe how you will act. (Quran 10:14) And let not those who disbelieve ever think that [because] We extend their time [of enjoyment] it is better for them. We only extend it for them so that they may increase in sin, and for them is a humiliating punishment. (Quran 3:178) they are empowered, and the oppressors are weakened45. The support of God to the believers are even more special as hinted in many places in the holy Quran46 47, and that is why God gave Muslim the duty to be overseer of global justice48. This discussion of justice and Jihad raises the question of free will and fatalism. It is obvious from the discussion so far that God has given us some free will by which we can initiate and continue in effort to achieve action. Is everything predestined? If everything is predestined, then our free will is futile so somethings may be predestined. I said “maybe” because God’s foreknowledge about something and then informing us through revelation is not necessarily predestination. Some people also consider systematic will of God as predestination such as laws of natural sciences, logical consequences and cause and effect etc. as predestination (measured constructs) by God. However, predestination is only meaningful in the context of human agents. Perhaps somethings in relation to human agents have been predestined but humans will only be judged for those instances where he had free choice and effort. Quran rejects fatalism and predestination when it comes to human will49 50 and that predestination can be even overridden as God can erase and affirm new events51. Predestination cannot be an excuse to accept tyranny, persecution, wrongdoings and act stupidly. Jihad is part of predestination if somethings are truly predestined in relation to humans, then supplication and Jihad can change it. Does God’s justice punish people for disobedience and disbelief if they do not know about God’s commands and divine revelation? That is to say, does God punish non-Muslims without they not knowing about Islam and its message? There are four states of people with regards to this. First is a 45 Indeed, God will not change the condition of a people until they change what is in themselves. And when God intends for a people ill, there is no repelling it. And there is not for them besides Him any patron. (Quran 13:11) 46 O you who have believed, be supporters of God, as when Jesus, the son of Mary, said to the disciples, "Who are my supporters for God ?" The disciples said, "We are supporters of God ." And a faction of the Children of Israel believed, and a faction disbelieved. So We supported those who believed against their enemy, and they became dominant. (61:14) 47 O you who have believed, if you support God , He will support you and plant firmly your feet. (Quran 47:7) 48 And thus, we have made you a just community that you will be witnesses over mankind and the Messenger will be a witness over you… (Quran 2:143). 49 and that each person will only have what they endeavored towards, (Quran 53:39) 50 Indeed, Allah will not change the condition of a people until they change what is in themselves. (Quran 13:11) 51 God eliminates what He wills or confirms, and with Him is the Mother of the Book. (Quran 13:39) person who does not know anything about Islam. Second is a person who knows about Islam but is forced to disbelieve in it by threat of torture or death. Third is a person who knows about Islam but disbelieve in it for worldly necessities and the fourth is one who knows about Islam but just disbelieves in it. The first category are people who never knew about Islam such as primitives in Amazon rain forest. These people will be judged according to their response to God created moral conscience and innate God conscience52 as God has created a basic moral understanding in everyone53 by which people know for example stealing is bad, adultery is insincere or rape is wrong. The second category of people may be forgiven depending on their duress54 55. The third and fourth category of people are disbelievers and are destined for hell56 57. God’s justice extends to all creation and that includes beasts and non-human animals. Even the predator which tortures its prey or gives it a painful death will be punished. Just as God taught us to slaughter, God taught the animals also to seek and consume their food 58. Every living thing will be resurrected and And ˹remember˺ when your Lord brought forth from the loins of the children of Adam their descendants and had them testify regarding themselves. ˹God asked, ˺ “Am I not your Lord?” They replied, “Yes, you are! We testify.” ˹He cautioned, ˺ “Now you have no right to say on Judgment Day, ‘We were not aware of this.’ (Quran 7:172) 52 53 And inspired it [with discernment of] its wickedness and its righteousness.. (Quran 91:8) 54 Indeed, those whom the angels take [in death] while wronging themselves - [the angels] will say, "In what [condition] were you?" They will say, "We were oppressed in the land." The angels will say, "Was not the earth of God spacious [enough] for you to emigrate therein?" For those, their refuge is Hell - and evil it is as a destination. Except for the oppressed among men, women and children who cannot devise a plan nor are they directed to a way For those it is expected that God will pardon them, and God is ever Pardoning and Forgiving. (Quran 4:97-99) “God does not charge a soul except [with that within] its power” (Quran 2:286). This power is mental and physical ability and capacity. Ability is the skills and knowledge required to do something whereas capacity is the maximum productivity of mind and body beyond which we break down mentally and/or physically. 55 56 Who took their religion as distraction and amusement and whom the worldly life deluded." So today We will forget them just as they forgot the meeting of this Day of theirs and for having rejected Our verses. (Quran 7:51) …but those who disbelieve enjoy themselves and eat as grazing livestock eat, and the Fire will be a residence for them. (Quran 45:12) 57 58 And there is no creature on [or within] the earth or bird that flies with its wings except [that they are] communities like you… (Quran 6:38) judged accordingly, even non-human animals59, but the non-human animals will be turned to dust after their wrongdoings have been judged and seeing this the disbelievers will wish the same60. Prophethood In the beginning mankind was one community united and following one religion Islam61. Racial, nationalist, tribal rivalries and pride did not exist, but their hatred, jealousy, greed had created new religions away from God. There is thus only one God and one religion, but throughout human history men have deviated from Him and His religion and reduced His identity and the form of His religion by their own reducing qualifications. You will notice all these qualifications are lesser and inferior than what Quran has qualified God and His religion as. These disagreements have caused and continue to cause suffering and injustice. To guide humanity to God as humanity once was, God sent Prophets and Messengers. Prophets and Messengers are chosen by God to guide mankind. They receive revelations from God. Revelations are God’s commands, laws and guidance. Prophets and Messengers receive them from Angel Gabriel, in their dreams or while they are awake. Prophets and Messengers are different in the sense Messengers receive new laws from God. There have been five major Messengers: Noah, Abraham, Moses, Jesus and Mohammad PBUTH. Major revelations from God: Scrolls of Abraham, Psalm of David, Torah of Moses (The Law), Gospel of Jesus and Quran of Muhammad. These revelations consist of spiritual, moral, legal, social, political, economic, historical and various other kinds of contents for humanity to understand and find guidance in. Prophets and Messengers had the duty to explain the revelation of God. They were the first teachers and the most perfect ones. In order to be authorities from God they needed to be of the best character, sinless and free from mistakes and forgetfulness so people could look up to them for guidance and example. So essential quality of Prophethood is innocence from sins and mistakes because if they were 59 And when the wild beasts are gathered (Quran 81:5) 60 …the disbeliever will say, "Oh, I wish that I were dust!" (Quran 78:40) 61 Mankind was [of] one religion [before their deviation]; then God sent the Prophets as bringers of good tidings and warners and sent down with them the Scripture in truth to judge between the people concerning that in which they differed. And none differed over the Scripture except those who were given it - after the clear proofs came to them out of jealous animosity among themselves. And God guided those who believed to the truth concerning that over which they had differed, by His permission. And God guides whom He wills to a straight path. (Quran 2:213) prone to sins and mistakes, they could have done mistake in imparting God’s revelation and people would have followed them in sins as well. Several verses of Quran apparently point out mistakes and disobedience of Prophets. However, there are two explanations for disobedience. First this is a kind of disobedience which is not sin or obedience to evil, rather doing acts not befitting one’s position, in this case Prophethood. Second explanation is doing acts of disobedience before becoming Prophet. Any other verse which apparently shows sins from Prophet are explained and not taken literally and evidently and this line of explanation is in line with rules of textual interpretation as will be explained in the section “Interpreting Islam Law”. As to mistake and forgetfulness, the explanation with regards to this is forgetfulness as used in Quran with regards to Prophets mean lack of attention or consideration rather than not being able to remember in memory. For example, Quran says God has forgotten them 62, but we have established God’s infinite knowledge so this forgetting means God has no consideration for them. Also, we see Adam forgot63 God’s command for which God held him responsible but forgetfulness is something beyond one’s ability and God holding Adam responsible is holding him beyond his ability which God does not do64. Quran has mentioned several Prophets and Messengers by name, and all called to the worship of one God. Worship is not only rituals but dedication of life to God. Prophets and Messengers were revolutionaries of their societies to bring about changes through divine guidance against satanic misguidance65 for people to be worshippers of God. It is due to self-preservation of humanity, their society, morals and personal selves that God has revealed His guidance as a counter to Satan’s war against human vicegerency, and it is to achieve salvation and success both in this world and the hereafter. Standing opposite to God’s laws is the way of Satan which represents indulgence, hedonism, pride, greed, lust, envy, gluttony and exploitation. These represent the idea of human individualism where man is the center of his own world. It is a license to human transgressions which Prophets and Messengers came to fight and eradicate. Many Prophets of God started from position of weakness and 62 They have forgotten God, so He has forgotten them [accordingly]. (Quran 9:67) “And We had already taken a promise from Adam before, but he forgot; and We found not in him determination.” (Quran 10:115). Lack of determination, attention etc. is what is meant by forgetfulness. 63 64 65 God does not charge a soul except [with that within] its power (Quran 2:286). Indeed, Satan is an enemy to you; so, take him as an enemy. He only invites his party to be among the companions of the Blaze. (Quran 35:6) through struggle and perseverance many won yet many were martyred66 but left a huge impact on their societies, nations and mankind in general. Prophets and Messengers proved themselves to their societies by miracles. However, for people to at least consider them initially Prophets and Messengers were always socially important or influential among their societies in some way. For example, Prophet Muhammad PBUH was known as the truthful in the pagan Arab society of Mecca. Divine miracle is contradiction of established laws of science, that is God intervening to violate His own laws of creation, but discovery and understanding of new laws, science and new technologies must never contradict previous established laws of science but rather may only perfect it or extend it. Sometimes miracles can come in forms which are impossible to imitate or reproduce by humans such as the Quran which is a literary miracle that challenged67 and defeated the level and quality of the poetry and linguistic marvel of pagan Arabia. Often God sent miracles which were thematically related to the social practices of Prophets’ societies. For example Pharaonic Egypt was known for magic so Moses used the miracle of turning his stick into giant snake, or Jesus’s time was known for medical treatments so God allowed him to raise the dead back to life, or Muhammad’s time was known for poetry so God revealed the Quran in a grand poetic and linguistic form. Imamate What is Imamate? Imamate is leadership of the community of the Muslims. Prophets and Messengers were all leaders of their communities. The Imam appointed by God who is both a political and religious leader that is a theocratic leader like Prophet Abraham68, Muhammad and the twelve Imams. So, Imamate in Islam is the concept where both political and religious leadership conjoins. 66 Those who disbelieve in the signs of God and kill the Prophets without right and kill those who order justice from among the people - give them tidings of a painful punishment. (Quran 3:21) 67 And if you are in doubt about what We have sent down upon Our Servant [Muhammad], then produce a surah the like thereof and call upon your witnesses other than God, if you should be truthful. But if you do not - and you will never be able to - then fear the Fire, whose fuel is men and stones, prepared for the disbelievers. (Quran 2:23-24) 68 And [mention, O Muhammad], when Abraham was tried by his Lord with commands and he fulfilled them. [God] said, "Indeed, I will make you a leader/Imam for the people." [Abraham] said, "And of my descendants?" [God] said, "My covenant does not include the wrongdoers”. (Quran 2:124) The concept of twelve Imams is immensely important in Islam in both Sunni and Shia texts 69 but Sunnis have disregarded it greatly while Shias have emphasized it greatly. There is no doubt that history is the witness of the fact that the tyrannical Banu Umayyad fought against this divinely established Imamate while Shias fought for this. Both Shia and Sunni agree on the general concept of Imamate, but they disagree on its identity and features. Shism considers Imamate to be God appointed while Sunnism considers it to be by consultation and political judgement. Shism believes God appointed twelve Imams through Prophet of Islam, and these twelve Imams are successors of Prophet Muhammad. Several authentic narrations, which are called Hadiths, from Prophet establish the prophecy of twelve Imams. These texts are both in Sunni and Shia authoritative books. The Shia believes that it is illogical that Prophet repeated this Hadith of twelve Imams without mentioning their names and it is also illogical that not a single companion asked about it even though when Quran explicitly mentioned how curious were the companions in asking questions as in Quran 5:101 and several verses which start with “And they ask thee (O Muhammad) about…”. Both Shia and Sunni believe in the coming of the twelfth Imam, but Shias believe he is alive and was born long ago. As the world became more distanced from the Imams and regarded them with less importance the Imams gradually withdrew from public life to the extent that the Twelfth Imam went into occultation. The first three Imams were active and fought against the tyranny of the Umayyads and they created a vibrant movement which led to the collapse of the Umayyads but still the world didn't incline to the Imams as Abbasid took over. The twelfth Imam is waiting for the correct atmosphere to be created to come out. The prelude to such an atmosphere started since 1979 Islamic revolution and today various Islamic resistances in the middle east have risen. According to Hadiths prophecies, Iraq will be the first place for Imam Mahdi’s movement to emerge. Today we have possibly the predecessor of this Mahdi movement called Hashd Shabi in Iraq. As the Shias prepare more and more along with many Sunni movements, creating the correct atmosphere, the twelfth Imam will emerge. Rahman, Mohammad M. “The Twelve Imams of Islam: Successor of Prophet Muhammad PBUH.” ResearchGate, 2021, www.researchgate.net/publication/350345036_The_Twelve_Imams_of_Islam_Successor_of_Prophet_Muhammad_ PBUH Accessed 2021. 69 The mission of Imam Mahdi will be more proactive like the first three Imams. He will rule over the Arabs and this can mean all Arabs in the world or the Middle East. He will establish justice and equity and that means he will engage in wars, revolutions thus evolving governance of Muslim demography. His arrival will see drastic changes in global politics and international diplomacy. He will have control over strategic resources and locations. He will come out from concealment70. For Shism the twelve Imams are sinless and cannot err in their acts because they like Prophets are guide of their community71. These Imams are descendants of Prophet from his daughter Fatima and her husband Ali, the first Imam. Shism believes, according to Quran, God chose the family of Prophet as his successor and made them able by purifying them from all sins and that they will never separate from Quran. Shism does not consider Sunnism as out of Islam due to Sunnism not accepting the twelve Imams. Even though Sunnism has different view of the twelve Imams and who they are still Sunnis are Muslims. The legal excuse is Sunnism has been confused about twelve Imams due to historical reasons, so they are not clear about this and thus confused. Sahaba Who is a Sahaba? A Sahaba or Sahabi means companion. Just as Shism takes narrations of Prophet and understanding of Islam from the twelve Imams Sunnism takes them from the companions of Prophet. Sunnism places importance on companions unlike Shism. Sunnism treats all companions as just and upright72 73, whereas Shism considers every companion individually and states that a companion may be 70 Ibid. 71 Ibid “And the first forerunners [in the faith] among the emigrants and the helpers and those who followed them with good conduct - God is pleased with them and they are pleased with Him, and He has prepared for them gardens beneath which rivers flow, wherein they will abide forever. That is the great attainment” (Quran 9:100). Shism and Sunnism disagree who they are. 72 “Indeed, those who pledge allegiance to you, [O Muhammad] - they are actually pledging allegiance to God. The hand of God is over their hands. So, he who breaks his word only breaks it to the detriment of himself. And he who fulfills that which he has promised God - He will give him a great reward” (Quran 48:10). Shism considers pledge may be broken by companions while Sunnism takes it as permanence loyalty to God from the companions. 73 good or bad74. Shism hold those companions in high esteem who sided with the first Imam of Islam, Imam Ali against Muwaiyyah, whom Sunnism considers an upright companion but Shism considers a hypocrite and tyrant who accepted Islam because Islam was victorious over whole of Arabia. Sunnism considers first four caliphs of Islam as most senior companions of Prophet and they are Abu Bakr, Umar, Uthman and Ali. Angels The angels in Islam are a creation of God. God created them from light, and they are obedient, powerful and honorable servants. They never disobey God75 and they are not described as masculine or feminine, they do not eat or drink, they do not tire or sleep, they do not marry, and their total number is known only to God. Belief in them is one of the pillars of faith, so whoever denies them and does not believe in them has disbelieved in God and Islam76. Angels are God’s soldiers77, it can be said, and they are charged with maintaining and managing the creation of God as God commands, including paradise78 and hell79. Quran and Hadiths mention some angels by names of which Gabriel is most important one who is charged with bringing God’s revelations to Prophets and Messengers. Gabriel is thus a Messenger among angels. Then there is angel of death and the angel who will blow the horn to signal the beginning of day of judgement. “Muhammad is not but a Messenger. [Other] Messengers have passed on before him. So if he was to die or be killed, would you turn back on your heels [to unbelief]? And he who turns back on his heels will never harm God at all; but God will reward the grateful.” (Quran 3:144). Shism uses this verse to prove a companion may turn against Islam and they show history to prove this as well. 74 75 They fear their Lord above them, and they do what they are commanded. (Quran 16:50) 76 And whoever disbelieves in God, His angels, His books, His Messengers, and the Last Day has certainly gone far astray. (Quran 4:136) 77 And [that] indeed, Our soldiers will be those who overcome. (Quran 37:173) 78 But those who feared their Lord will be driven to Paradise in groups until, when they reach it while its gates have been opened and its keepers say, "Peace be upon you; you have become pure; so enter it to abide eternally therein," [they will enter]. (Quran 39:73) 79 O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones, over which are [appointed] angels, harsh and severe; they do not disobey God in what He commands them but do what they are commanded. (Quran 66:6) God’s Revelations Quran mentions God revealed Scrolls of Abraham, Psalm of David, Torah of Moses (The Law), Gospel of Jesus and Quran of Muhammad. These revelations consist of spiritual, moral, legal, social, political, economic, historical and various other kinds of wisdom for humanity to understand and find guidance in. By admission of Quran all other previous revelations have been tampered with80 81 and that only Quran has been preserved from tampering82. Holy Quran was compiled in three stages. The first stage during Prophet’s time where Quran was preserved in the hearts of men and written among various items scattered. The second stage was during Abu Bakr’s time and this was also similar. The third stage was Uthman’s time where Uthman combined all the scattered items in one place. The first person who started gathering the Quran is Imam Ali by the command of Prophet Muhammad PBUH. The holy Quran has been preserved. The issue surrounding Quran’s preservation has risen due to the existence of varying and at times conflicting recitations of the revealed text of the holy Quran. However, if one approaches these texts rationally the confusion easily ceases. The conclusion that we can arrive after this rational approach is what Quran has already confirmed which is the holy Quran is preserved and have not been tampered with at all. Understand that these recitations are not revealed but rather how people have recited the revealed Quran which is revealed in one text and one recitation. There are seven well known recitations and three lesser known ones. These recitations if considered all accurate representation of the revealed Quran create major problems and contradict the preservation of Quran. These varying recitations not only because of variations in pronunciations of Quranic words but it goes much further. The issue of seven recitations arise from the Hadith which states Quran has been revealed in seven ahruf. The well-known meaning among scholars of the Sunnis is that Ahruf means recitations of Quran. Ibn Qutaybah (d. 276 A.H.) recorded thirty-five opinions on the issue, and as-Suyootee listed over forty. Ibn Sa'adan (d. 231 A.H.), a famous grammarian and reciter of the Quran, 80 Indeed, they who conceal what God has sent down of the Book and exchange it for a small price - those consume not into their bellies except the Fire. And God will not speak to them on the Day of Resurrection, nor will He purify them. And they will have a painful punishment. (Quran 2:174) “How the Bible Has Changed over the Past 2,000 Years.” Www.youtube.com, www.youtube.com/watch?v=IlJoaulnlc&t=3s Accessed 4 Apr. 2021. 81 82 Indeed, it is We who sent down the Qur'an and indeed, We will be its guardian. (Quran 15:9) even declared that the true meaning of the Ahruf was known only to God, and thus to attempt to investigate into this issue was futile. Shias have a different view on this. At first, we must differentiate between the seven methods of recitations of the Quran, and the concept of the descending of the Quran in seven letters or styles (Aḥruf). The first is called al-qirā'āt al-sab', and the second is called nuzūl al-Qurān 'ala sab' at ahruf. In regard to the concept of the Quran coming down in seven letters, the Shia view of this is that it is a myth and cannot be accepted. This claim of Ahruf was condemned by Ahl Bayt (family of the Prophet) (AS) who clearly said that Quran was sent from God, on the Prophet, through the Angel Gabriel and on one word, not more83. The Shias consider the recitation of Hafs as accurate as it has been transmitted with a certain chain of narration (Tawatur) from Imam Jafar Al-Sadiq. Hafs was a companion of Imam Jafar Al Sadiq. The complete chain is, Hafs from Asim from Abi Abd Al-Rahman Al-Salmi from Jafar Al-Sadiq. Asim was one of the most senior Shia of Kufah and Asim was from one of the closest companions of Imam Ali. The other recitations the Shia consider weak due to a) Transmission by weak chain of narration and b) Reciters own judgement in recitation. What is the relationship of Mushaf Uthman with the seven recitations? There are three views among Sunnis on this matter: a) Mushaf Uthman contains only one recitation which is that of the Quraish b) Mushaf Uthman contains some parts of the seven recitations c) Mushaf Uthman contains the seven recitations. However, Shias accept the first view and reject the other two while Sunnis preferred the second view. Why did the Shias accept the Uthmanic text even though they reject his caliphate? Shias believe that Quran is preserved, and no one can tamper with it. Also, the Uthmanic text is similar in content of Quran with the text of Imam Ali. Imam Ali’s text was comprehensive in the sense that apart from containing the Quranic text it also contained detailed Prophetic interpretation of the Quran. Ibn Nadeem mentions that the Mushaf Ali is among the lineage of Jafar and its last location was in Medina. 83 From al-Fudhail Ibn Yasaar said: I told Abi Abdillah (Imam Jafar Al-Sadiq A.S.): People say that Quran was revealed on seven Ahruf (words). He said: They are liars, enemies of God. Quran was revealed on One Word from The One (God). (Kitab Al-Kaafi). One of the strong criticisms against Shias is that Shia hold the view Quran that is among Muslims today is tampered and corrupted. This arises from the fact that one of the greatest Shia scholar Al-Majlisi held the view that Quran has been changed from what was revealed. However, people have misunderstood what he meant by this. His basis was based on the Sunni perspective of what is meant by abrogation. Sunnis believe that Quranic text can be abrogated while Shias reject this. However, both Shias and Sunnis agree that abrogation can take place in the legal ruling. The difference arises from the interpretation of the verse 2:10684. Despite this difference, the Quran that we have today is same as the manuscript that we have irrespective of whether some Quranic texts were abrogated or not. The fascinating fact is both Shia and Sunni agree on the purity and preservation of revealed Quran. The main point is the seven recitations are not revealed but just Arab people’s own way of reciting the revealed holy Quran. The Shia view is only recitation of Hafs is accurate in line with the revealed Quran and the rest contains inaccurate recitations by people. Quran is the address of God to mankind and Djinns. Quran is the best organizational psychology and model as well. Quran is detailed and explained for those who have mind and wisdom. Quran is a speech which is formed and uttered by Arabic language85 as per usage of Arabs at that time, a language which consists of noun, verb and letter. Speech is defined as per Arabic linguists as intentional and meaningful words spoken in Arabic. Speech can be literal or metaphorical. Literal is main usage of word or words for which they have been formed either by people or by lawgiver God. Metaphorical is secondary usage based on the main usage. There are other ways which differentiate between the two. Some words can have multiple literal meanings without a preferred usage. The preferred usage is established by context of usage in Quran, or by Prophet or by Imams of Ahl Bayt and the senior companions. However, these words are rare, and the multiple meanings are clarified by Arabs by their contextual usage, each usage giving a preference of one meaning over other based on context of usage. Quranic laws are legal injunctions of Divine origin, both general and specific, regarding various issues of human existence and their behavior. The Divine laws are related to human activities and ideas. These laws are framed in such a way by the rich classical Arabic language that it considers many aspects of 84 Nothing of our revelation (even a single verse) do we abrogate or cause be forgotten, but we bring (in place) one better or the like thereof. Knowest thou not that God is Able to do all things? (Quran 2:106) 85 Indeed, We have sent it down as an Arabic Qurān that you might understand. (Quran 12:2) human behavior and actions in short expressions. Quran has a general theme of a law and then it has elaborations sometimes scattered all over. These elaborations are features and subsidiary laws of the main law. So, for example performance of Hajj is a main legal injunction but how to perform, it’s features are scattered over many places of both Quran and Sunnah. Also, Quranic flow is not always interconnected so for example some verses one after another may be interconnected with each other yet some verses one after another may be totally disconnected and jumping from topic to topic completely unrelated. Quranic laws are prescription of actions and beliefs both collectively and individually as these laws give rise to the concept of jurisdiction and authority. Every law has a scope so that it does not trespass over the scope of other laws. Scope and priority of laws delimitate to what extent laws should be followed. These scope and priority are understood from the laws themselves and the teachings of Prophet, Ahl Bayt, their companions, Arabic language and juristic reasoning. Generally, issue of scope and priority mostly arise in context of multiple laws competing to be applied in same situation and context but not all can be applied, so priority must be ascertained. Some laws are obligatory on some people (fard kifaya) and some on every person (fard ain). Quranic laws are such that one textual ruling force you to think about many other connected rulings, so you are forced to place the ruling in context of other rulings. This is due to Quran's interconnectedness of laws and beliefs. When the intent of the text is established by the principles of language, tradition and logic then further legal issues arise which may not be mentioned in either Quran or sunnah so other legal tools from jurisprudence are utilized to find the intent of the Divine law giver into the new legal solutions. Know that the basic themes of Quran are distributed in the following categories: stories, biographies and history, threat and punishment, laws and legal principles, creed and future events. Quranic laws have varying degree of expository semantics. Some are clear and precise, but some are just giving a general idea of the issue without precision and demarcation. Nonetheless Sunnah is the second authority for explanation and, Ahl Bayt and senior companions the third. Combined these three, are the interpretive foundations of Shariah Law more of which will be discussed in the section “Interpreting Islamic Law”. It is noteworthy to mention any narration which contradicts Quran is rejected. The contradiction must be evident and against the meaning of the text. It is not a contradiction when a sound and valid narration clarifies, specifies, or extends a text’s semantics and scope of application. Multiple categories of Quranic laws can be embedded in a single verse. This is a richness of Arabic and Arabic rhetoric called Balagah. Quranic laws have embedded principles and legal maxims, which Islamic jurists have extrapolated to maintain the validity and authority of Quran for evolving times and new issues. These principles extend the laws of Quran and thus Islam in matters Quran is directly silent on. Also know that English or any translations of Quran can never be used to deduce laws from Quran. The most sophisticated translation of Quran is that of Marmaduk Pickthall’s and he stated: “..The Qur'an cannot be translated. ...The book is here rendered almost literally, and every effort has been made to choose befitting language. But the result is not the Glorious Qur'an, that inimitable symphony, the very sounds of which move men to tears and ecstasy. It is only an attempt to present the meaning of the Qur'an-and peradventure something of the charm in English. It can never take the place of the Qur'an in Arabic, nor is it meant to do so..” (1930). This arises from certain facts. Classical Arabic is different from translated languages. They have different grammar, syntax, morphology, usage, pragmatics, semantics, sociolinguistics and historical linguistics. Arabic semantics and pragmatics are influenced greatly by the art of Balagah which is non-existent in other languages. One of the biggest differences between translations and Arabic Quran is its power of emotive expression which is unparallel and inexpressible in other languages. Quranic Arabic has also been precisely defined by Prophet and Ahl Bayt at certain times which has no equivalent in other languages. Such as the terms prayer, pilgrimage, fasting etc. have different connotations in Arabic than in English. Religiously, in Arabic these have precise modular meanings unlike the general meanings of English. We often see in Quran’s translations that some of the translations are not done from English equivalence but from Quranic exegesis. This is because an Arabic term might have more than one meaning and usages, while in English there is no equivalent of this. So, translators use a legal meaning depending on their choice of Islamic legal school and use it in their translations. Also, only in classical Arabic the verbs not only have morphological models but also have expressive models depending on morphological models. These, depending on the models, express any of the following: causation, intensity, participation, abundance, acceptance, effort and others. Understanding these is crucial in understanding the intent of God and thus Shariah Law. Understanding classical Arabic is key in understanding the holy Quran. Non-Arabic languages cannot capture many semantics unique to Arabic language: fails to capture gender, fails to capture emotive semantics from Balagah, fails to capture varied uses of letters and words, fails to capture semantics of morphology as discussed above and fails to capture semantics of various sentence constructs. These combined inhibit understanding and interpretation of rules of beliefs and actions. One of the purposes of Divine revelation is to preserve our innate moral conscience as God designed and to extend it through religion. Divine religion also wants to preserve the inherent monotheistic conscience, so the human soul is always a step closer to its godly identity because servitude was the first feature of human soul as in Quran 7:172 and to preserve our creational disposition biological and psychological, by dictating socialization, social interaction, social institutions and overall society. Resurrection God’s justice demands that humanity and all creations who have a sense of morality, and right and wrong are given justice at the end of their terms in their respective existences. For mankind this will realize the day of judgement where God will judge them for their beliefs and actions on earth. This is one reason why God’s existence is a necessity as well, to give mankind justice. Atheism is attractive for the strong and the young which gives them the full flexibility and opportunity to enjoy the pleasures of life. Atheism thereby shapes for the completion of a Darwinian existence which self-destructs. We are in that phase of self-destruction today, of individuals, families and societies. The ingredients of this self-destruction are self-belief and self- importance, ego and pride in self, blind belief in science, irrational to God's existence (blind rejection), belief in might and repulsion to weakness. Communism, Darwinism created racism and egoistic hedonism are some of the trends of this atheistic human self-destruction as with rejection of any form of higher judgement as death is the end. Unlike atheism Islam rejects death86 as the end but rather believes it as only a beginning of a new existence. Death is just another type of existence and we have some already such as dream, our state when we are put under anesthesia or in coma. To reject death as the end we need to establish the concept of the soul. Even though modern psychology and sociology will not mention the human soul directly, but it has signs and indications of its existence. The human species is too a complicated being to function wholly based on biology and chemistry as biological and biochemical processes are amoral it could not possibly create the human conscience, the human will, morality and ingenuity, even though 86 And they say, "There is not but our worldly life; we die and live, and nothing destroys us except time." And they have of that (time) no knowledge; they are only assuming. (Quran 45:24) biology and biochemical processes can influence our psychology. In his research using introspection, Titchener and his students claimed to have identified more than 40,000 sensations, including those relating to vision, hearing, and taste. What other sensations may we humans have and what is their source? This is another indication of the mysterious human soul. Perhaps many atheists will source everything to the human brain that is our sensation, feeling, emotion, willpower, intelligence, psychology etc. If brain is the ultimate source of these why can’t we replicate these biochemical and electrochemical processes in other animal brains? What’s so special about human brain? Why we humans can be spiritual, rational, literary and artist, just, yet also tyrant, creative, destructive while almost most other animals just respond to their biological needs and survival instincts? What about artificial intelligence? Will they be ever human by replication of our brain activities? Humans have same sensory channels to create perceptions, yet our perceptions can differ from each other. If the brain and the greater body was the end and ultimate destination, we would all perceive same. This indicates we must have something beyond brain and body. Also consider when we exercise free will, rationality and creativity we are telling the brain what kinds of biochemical and electrochemical processes should take place and not brain doing these by its own decisions or else accountability would be futile like accountability towards a robot. So, our awareness, our conscience the human soul is using the brain as a tool. The answer to these gaps and confusions is the human soul. The soul and body complement each other and when soul leaves the body dies and its biochemical and electrochemical processes cease. The human soul according to Quran is the command of God 87. It is an existential conscience, the awareness which realizes itself and whose abode is the body. The soul kickstarts the body's biochemical and electrochemical processes once the body becomes its abode during pregnancy. Both inherent and dispositional biology and the soul can affect each other depending on the sex of the species. The human soul is the source of human will, emotions, intelligence, feelings and also psychology while the body is just a tool, an expressive channel. Both the agent and the tool need each other. The self is a snapshot of soul's particular existence that's why human selves sometimes differ from one another and sometimes they are in similar. They ask you ˹O Prophet˺ about the spirit. Say, “Its nature is known only to my Lord, and you ˹O humanity˺ have been given but little knowledge. (Quran 17:85) 87 Belief in resurrection demands belief in other aspects of God’s creations such as certain prophecies to fulfill before day of judgement, life after death which not only consists of heaven or hell but Barzakh which is prelude to heaven and hell. Let's give a sequence of existence based on information in the Quran and Hadith: our life on earth then death and life in Barzakh, then annihilation of the earth and heavens, then creation of a new world, then resurrection of man and djinns, then judgement and then final abode in paradise and hell. There may be incidents or events occurring in between that we do not know because Quran and Hadith gave us information as needed. Some major signs of day of judgement as prophesied in Hadiths are: reappearance of Imam Mahdi the twelfth Imam, the incident of great smoke over the world, the appearance of antichrist, the coming of Jesus, the rising of sun from the west, the appearance of the strange creature of earth and appearance of Gog and Magog. All these incidents will happen before the day of judgement and Islam will be victorious with Islamic justice will reigning supreme at the hands of Imam Mahdi and Jesus, as global tyranny will end, and era of peace and justice will usher in. Once we die our first abode is the grave and then we transition to the realm of Barzakh. Barzakh literally means 'barrier'. The questioning in the grave is one of the “Dharuriyyat-e-Deen” (fundamental belief of the religion) and if someone rejects this belief, he will not remain a Muslim. According to traditions, after one has been buried and those who had come to bury him go away, two angels come into his grave. One is called Munkar, the other Nakir. The soul is caused to re-enter the body for questioning. Then the “dead person”' is asked: Who is thy Rabb (Lord and Sustainer)? Who is thy Prophet? What is thy religion? What is thy Book? What is thy Qibla? Who are thy Imams? It appears from some traditions that questioning of the grave contains questions about prayers, Zakah, Hajj, fast and the love of Ahl Bayt (A). If he is a believer and answers correctly, the angels tell him to sleep peacefully; and a door is opened into his grave from the Paradise; he sees his place in the Paradise; If he is not a believer, and does not answer correctly, then the angels punish him, a door is opened from the Hell into his grave. People who were neither believers or disbelievers such as mad people, oppressed people on earth and people uninformed about Islam etc. their circumstances only God knows in relation to grave. After the event in the grave the soul is placed in the Barzakh. In the Qur'an88, it has been used for the period between death and the Day of Resurrection. A believer will live in peace and partial comforts of paradise while a disbeliever in suffering and partial discomforts of hell. The day of judgement will start with the first blow on the horn of Angel Israfil. Everything what God wills will be destroyed89 and everyone who God wills will die. Then the second blow on the horn when everyone will be raised up from their graves90. The period between the two horns is known to God only. It may be hours, months, years, decades, or even centuries. In between this period a new world will be created91. This destruction of a whole species in one go has happened before during the time of dinosaurs and after the ice age a new world emerged. Such similarities i.e. the incidents or events of Quran are not thus fantasies but have strong similarities in ancient past. After the resurrection the judgment will begin. The Prophets and Messengers will be allowed to intercede on behalf of their nations, but the greatest intercession will be for Prophet Muhammad and his family the Ahl Bayt. Various incidents, when judgement starts have been mentioned in the extensive Hadith literature of Shia and Sunni. Our limbs will also testify for us or against us according to Quran92. After the judgement our scales will be weighted and those whose good deeds are heavier will be sent to paradise and those not, will be sent to hell. There will be a journey once judgment finishes and everyone’s destination, paradise or hell is determined. Before entering paradise, the believers will undergo some preparatory protocols such as acquiring a body and biology suited for paradise, acquiring a psychology for paradise etc. 88 And behind them is the Barzakh (barrier) till the Day they will be Resurrected. (Qur'an, 23:100). “When the earth is shaken to her (utmost) convulsion, and throws up her burden (from within), and the man cries: 'What is the matter with her?'; that day will she declare her tidings that thy Lord will have given her inspiration (order)…” (Quran 99). There are many other destructive incidents that Quran mentions will happen after the first blow on the horn. 89 90 And the Trumpet shall be blown, then shall swoon (i.e., die) whoever is in heavens and whoever is in the earth, except those whom God has willed (to keep alive on that occasion). Then (the Trumpet) shall be blown again and lo! They shall stand up awaiting. (Quran 39:68) 91 [It will be] on the Day the earth will be replaced by another earth, and the heavens [as well], and all creatures will come out before God, the One, the Prevailing. (Quran 14:48) “On a Day when their tongues, their hands and their feet will bear witness against them as to what they used to do.” (Quran 24:24). Will our organs talk literally, or will there be a biological tracing of our actions deep in our genes? God knows best. 92 Heaven & Hell Paradise and hell are the ultimate expressions of God’s justice with regards to humans and Djinns. Paradise and hell, two new worlds where paradise consists of peace, joy and bliss while hell consists of pain and suffering. This world has samples of both joy and suffering because this world acts as an example of what to come in the next life93 except that the next life will be most fulfilling in terms of joy or suffering. Let’s give an example through the female gender. Quran has stated many rewards and punishments and one of those rewards is Hooris or maidens or beautiful females for the righteous men. Now Quran was revealed to a patriarch society and most of history including today's world is patriarchy and thus the men has been persuaded with a reward to pursue them to righteousness and do justice for the society and their selves. If matriarch was the norm, we would see heavenly males being praised as reward for righteous women. By appealing to the leadership, the dominant sex, the system is meant to change. While world is after pornstars and artificial breasts and buttocks, Quran encourages humanity to desire the noble version of females. In this sense Quranic taste is better and more noble than earthly pursuit of socially destructive porn, mistresses, models and prostitutes. The Quran and Hadiths give us a picture of a feminine entity (Hooris) which are transcendent and other worldly as if they have a unique upgraded identity of what is it to be female and feminine. It is what scientists would have called the perfect evolutionary product in a perfect evolution, but this world is something inferior because in Arabic Dunya which is often translated as “world” is really what signifies something lowly, inferior and downtrodden. So, the world or this Dunya consists of imperfect and incomplete things. 93 And give good tidings to those who believe and do righteous deeds that they will have gardens [in Paradise] beneath which rivers flow. Whenever they are provided with a provision of fruit therefrom, they will say, "This is what we were provided with before." And it is given to them in likeness. And they will have therein purified spouses, and they will abide therein eternally. (Quran 2:25) So, the Hooris are the complete embodiment of feminine beauty94 95. The females of this world lack things from that complete perfectionist human feminine beauty. Some of the things we can think of Hooris perfecting are personality, attitude, sexual, physical and emotional responses, physique, physical and emotional expressions, sexual beauty and sexual pleasure itself. Some of the imperfections worldly women possess that Hooris are free from are menstruation, human excrement, urine, vomit, smelly sweat, human gas, bodily and sexual odor and importantly aging of beauty etc. So, we see paradise will have the perfect feminine beauty and entities and also perfect male beauty and entities for women as part of pair of pure spouses. Hell will be a place of suffering and many verses of Quran and Hadiths have portrayed a dark picture of hell and the extent of suffering it has therein. The punishments of hell are not blind torture just for sake of pain and suffering but such punishments are given both to the body and soul to make them realize their sins, misguidance and injustice they were in this world96. Some people will remain in hell temporarily and some forever until the time God decides, otherwise such as God deciding on a new plan for them, if any, and such. People who will remain in hell forever will be pure evil and no amount of good will be in them, that is, they would have been the hosts of prime or pure evil. Paradise and hell will have degree based on righteousness and sins. Those on higher level of paradise will have greater joy and bliss than those on lower but all will be satisfied with what they will be given in their respective paradise and all their desires will be fulfilled based on their paradise. Hell too will have levels and people will be admitted in it based on their sins and evil. Principles of Actions Shariah law prescribes rules of beliefs, acts, states, happenings and/or purpose/ends of which Islamic legal rulings are a part and all encompassing, in the sense that these rulings define human existence and 94 Indeed, we have produced them [i.e., the women of Paradise] in a [new] creation. And made them virgins, devoted [to their husbands] and of equal age… (Quran 56: 35-37) 95 They will have pure spouses. (Quran 2:25) 96 And they will admit their sin, so [it is] alienation for the companions of the Blaze. (Quran 67:11) those who adhere to these with faith are believers and Muslims. God says in Quran that our body parts and we ourselves will be questioned and accounted by God on the day of judgement, a theology and metaphysical reality of existence which will see the emergence of a new world and a new reality. These legal rulings define human beliefs and actions and are normative both in their personal and collective levels. These rulings apply to various scopes of human beliefs and actions in their varied activities such as: • A legal ruling can be applied to sight such as prohibition of seeing a woman, man or beast sexually unlawfully. • A legal ruling can be applied to hearing such as prohibition of willingly listening to sexualized music or willingly indulging in sinful words and statements of others. • A legal ruling can be applied to touch such as touching a woman unlawfully. • A legal ruling can be applied to smell such as smelling something can cause death. • A legal ruling can be applied to taste such as eating or drinking something prohibited. • A legal ruling can be applied to sentiment, impulse and desire such as prohibition of desiring a secular life, practicing apathetic sentiment or hedonistic impulse. • A legal ruling can be applied to belief and outlook such as prohibition of belief in atheism or obligation of belief in patriarchy. A legal ruling can be applied to intelligent human action which can be expressed in verb. This is a broader aspect and includes acts, beliefs, purpose/end/objective and models of collective authority such as political, military, economic, financial, legal and criminal, familial, ritualistic etc. Islamic legal rulings as has been discussed depend on taklif and that demands rightful responsibility. Such as a person who has taklif of prayer is also rightfully responsible to pray or a person who has taklif of ruling is also rightfully responsible to rule or a group who has taklif of Jihad is also rightfully responsible to fight etc. So, a person who has taklif is a mukallaf and the basic prerequisites are being adult, discerning/intellect/sane and ability. Depending on the type of legal ruling and the type of legal act/belief ability will depend. Generally, ability can be mental, physical and/or financial. Some scholars impose being Muslim or believer is also a condition, but this is wrong as having faith or the act of belief in God is also itself an obligatory legal ruling. In many actions thus faith should be a condition of performance but not condition of being a mukallaf. This is because Islamic legal rulings are not only limited to Muslim performance or adherence but also non-Muslim under Islamic hukm or jurisdiction because non-Muslims are also under the divine address. Purpose of Shariah Law The purpose of Shariah law is also purpose of Islam and it has been discussed somewhat in the section “General Overview of the Religion of Islam”. Peoples’ actions and the activities in the Islamic society are guided by the Shariah law. Islam, through Shariah law aims to guide our beliefs and actions and, in the process, wants to preserve and purify our five senses, hearts and minds. Shariah law aims to minimize and/or stop harm and maximize and/or achieve benefit more of which will be discussed in the section “Interpreting Islamic Law”. Islam creates correct belief, correct thought, correct behavior and correct emotion depending on the extent of understanding of Islam and textual adherence. Islam provides a detailed and exhaustive psychology blueprint for humanity. For example, the book Misbah Al-Shariah by Imam Jafar Al-Sadiq provides detailed guidance on how the Muslim should frame his or her psychology. This will spill over affecting our collective existence such as politics, law, economy etc. thereby affecting collective Islamization. Shariah law has five objectives to protect: Islam, life, mind, wealth and honor. Islamic laws whether textual or deduced, general or exception protect or aim to protect these five. Domains of Activities Islamic law has two kinds of rules: general rules which should work most of the time and exceptional rules which are acted upon during exceptions to general rules, for example prohibition of eating pork is a general rule but to save oneself from death from hunger one may eat pork to the extent necessary for saving life. Muslims should always aim and struggle (Jihad) to realize and act upon the general rules and failing to aim and struggle is termed laziness in following religion97. Shariah law not only legislates punishments for crimes or wrongdoings but also models and prescribes protocols so that the probability of crime or wrongdoing occurring is greatly reduced. Hence the western notion that you need only more trained police to reduce crime is ridiculous. Imagine pubs and nightclubs, the more there are the higher are the probabilities of crimes, immorality and character degradation. Police can only intervene mostly after when crime has taken place. Islamic law prohibits 97 Who took their religion as amusement and play and whom the worldly life deluded. So today We will forget them just as they forgot the meeting of this Day of theirs and for having rejected Our verses. (Quran 7:51) bars and nightclubs98 thereby almost reducing to zero, crimes related to organized crimes, alcohol, nudity and drugs etc. People from these immoral places not only commit crime but also take the contagious evil with them to home and society. So Shariah law legislates prohibition of alcohol, interest, adultery, and encouragement of marriage, establishment of criminal laws and patriarchy, implementation of Islamic taxes and so on, to minimize harm and maximize benefit. Islamic law addresses the major social issues related to the individual and the society at large: ignorance & education, poverty, sickness, immorality, insecurity, adultery, sectarianism, nationalism, racism, tribalism, elitism, culture, belief system, honor, liberty, politics, trade, hygiene, aesthetics, health, arbitration, solidarity, social cohesion and unity, employment, mental health, social responsibility, development and research, moderation and understanding, social welfare and spirituality. By addressing various wide-ranging social issues Islamic law deals with the overlapping problems and variables which if not addressed amplify layers of social problems, as in secular societies. Overlapping issues of secular societies make it difficult to attain peace, security and justice, and as an example, consider US police murdering black people who are a section of society often dealing with overlapping issues such as drugs, family conflict, poverty and health issues. Administration and implementation of Islamic law needs political authority (Sulta) and judgmental power (Qada) because Prophet didn't act as a judge until he was the head of state of Medina. Shariah law accommodates everyone, Muslim or not. Only Muslims are obligated to perform and implement laws which require faith and the religious intention to perform such as rituals and family law. NonMuslims are required to follow laws which do not require Islamic faith and religious intention, and is in the interest of community such as jizya, Islamic economic laws, criminal laws, ethical moral laws and other collective laws. Non-Muslims can follow their religious laws among themselves as long as it doesn't impede Islamic administration of law and governance or contradicts public interest determined by Islamic law, Usool and legal maxims. This is Islamic multiculturalism and inclusivity way more than what west allows to minorities. In west the legal system is monolithic. Such an Islamic multi legal system will have conflicts, and all will be settled in Islamic court which also will consider the non-Islamic religious laws for non-Muslims. Think of it as Islamic law and minority law like federal law and state law. A reference to administer this multi legal system can be Muslim to Muslim is Islamic law, Muslim to “Indeed, those who love to see indecency spread among the believers will suffer a painful punishment in this life and the Hereafter. Allah knows and you do not know” (Quran 24:19). This verse also establishes the legal principle of “blocking the means” which will be discussed later. 98 non-Muslim is Islamic law and non-Muslim to non-Muslim their law agreed by them and allowed by Islamic judiciary99. The disbelievers or non-Muslims are required to follow Islamic laws except in situations where Islamic law has allowed them to follow their religious laws due to the facts that a) no forced conversion to Islamic faith and b) the disbelievers are also under the divine address. We say disbelievers are not required to follow faith-based laws because forced compulsion is prohibited, however there is no need for forced conversion in adherence to non-faith-based laws. As an example, Muslims selling food during Ramadan is prohibited even to non-Muslims because this is helping people in prohibited act. However, if the seller is a non-Muslim, he can sell food in Ramadan because fasting requires faith and intention to fast for God which disbelievers are not adhering by, and neither can they be converted by force. However, consider selling alcohol, which is prohibited for both Muslim and nonMuslim because this act negatively affects the wider society. Disbelievers under Islamic rule will only be allowed to follow limited aspects of their religious laws. If they are allowed to follow any law they wish, then Islamic society will have to face grave consequences. Will disbelievers be allowed to practice the trade of prostitution among themselves? Will disbelievers be allowed to practice the homosexuality and lesbianism among themselves? Will disbelievers be allowed to manage and run nightclubs, brothels and alcohol stores? Will disbelievers be allowed to dress any way they like even nude and provocative etc.? So, think of the consequences Islamic society and social morals will have to face. Hence the only rational thing is to allow them limited freedom in performing their religion and religious laws even if these religious laws. The principle rule is, the religious laws of non-Muslims should not impede or inhibit Islamic spirituality, Islamic law, rule, cultural and socioeconomic activities. Elaborating more on the issue of whether Islamic laws are applied to non-Muslims it must be said laws which require principles of faith are only for Muslims while those Islamic laws which are for benefit of the people overall, and for maintenance of security and order then such must be followed by nonMuslims as well such as Islamic criminal laws, trade and business laws, moral laws for moral health of society, foreign policy laws etc. Non-Muslims don't need to believe in God to adhere by these but only belief in security, order, and public interest. 99 “So, if they come to you ˹O Prophet˺, either judge between them or turn away from them. If you turn away from them, they cannot harm you whatsoever. But if you judge between them, then do so with justice. Surely God loves those who are just.” (Quran 5:42). Non-Muslims by being under Islamic jurisdiction is coming to Islamic governance. Know that performance of God’s commands, some are detailed by Prophet while some are not. For example, prayer, Hajj, fasting, issues of divorce and marriage etc. have been algorithmically detailed by Quran and Prophet while some other such as Jihad, governance etc. have been given general principles with few pivotal specifics and models. It is the duty of Muslims to realize all commands of God in the most efficient and creative ways. Herein lies the need for Islamic governance, legislature/judiciary100. The Islamic court under Islamic government must adjudicate on all issues Quran and Sunnah discuss about, even if some of these issues are not directly governed or managed by the Islamic government. Understand that collective means the systematic whole and in this the adherence or completion of injunction needs collaboration of many divided duties and responsibilities, while the individual means that one’s certain action or belief is no concern of the systematic whole, while personal means that an injunction can be followed or completed by the personal self. Without an authority to enforce and a jurisdiction to enforce in there is no systematic whole. Without this systematic whole most of the Shariah law become inapplicable and chaotic as people vie for authority against each other and confusion. The Prophet implemented Quran not only personally but also as a leader, judge, general and lawgiver through a system of accountability, responsibility and distributed duties and rights. So, know that every command and guidance of the Quran has two recipients: the individual and the collective. The collective mostly being the government or Islamic governance. The duty and responsibility of Islamic governance is to ensure compliance, administration, enforcement and facilitation of laws of God by adopting policies, practices and theories while respecting the privacy of its subjects and without being tyrant. So for example the Islamic governance will not spy on Muslims to see if they are praying or fasting or committing adultery but rather it should make sure that prayers and fasting are facilitated and financed or that pathway to adultery is blocked by suppressing pornification, nudity and indecency, and promoting polygamy and early marriage. Islamic governance cannot be a police state for its subjects. As an example, when God commands us to pray there is the individual Muslim who must pray according to the legal rules and also there is the Islamic governance which will ensure prayer is accommodated, facilitated and taught properly in education. Enforcement of Islamic laws will be for those which affect the society and the people. Acts or beliefs which are purely between God and the Muslim are not to be enforced but policies must be taken to ensure these rituals and acts are encouraged and not derailed or 100 In Islam legislature and judiciary are same because the legislature must be able to understand and interpret Islamic law or else, they will be just a potential misguidance. misguided by various factors and variables. So for example if someone doesn't pray or fast there should be no punishment in this because God requires sincerity and devotion in these rituals and that Islamic texts did not prescribe any punishment, rather educational session with the Muslim sinners must be initiated to persuade them. Shariah law is disciplines and principles that govern the behavior of a Muslim and people towards his or herself, family, neighbors, community, city, nation and the Muslim polity as a whole, the Ummah (global Muslim community) and everyone under Islam’s jurisdiction. Similarly, Shariah governs the interactions between communities, groups and social and economic organizations. Shariah establishes the criteria by which all social actions are classified, categorized and administered within the overall governance of the jurisdiction. In a land there can only thus be one system which defines best how to protect these interests. This system can be called as the constitution, parliament, the whole legal apparatus. In Islamic state or republic, the system is the Shariah law. Shariah law has two aspects: Spiritual aspect and the practical aspect. To elaborate these two types, Shariah law has the following essential categories: adab (behavior, morals and manners), ibadah (ritual worship), i’tiqadat (beliefs), mu’amalat (transactions and contracts between parties) and ‘uqubat (wrongdoings and punishments). The spiritual aspect essentially is the Islamic faith and worship which are purely for Muslims to observe (ibadah and I’tiqad). The practical aspects however transcend everyone under the Islamic jurisdiction101 102. Refusal to rule by Shariah law has two perspectives103 104. If one refuses to rule by Shariah law out of stubbornness and arrogance, or thinks Shariah is optional, or equates Shariah law with secular law then such as person becomes apostate. If one refuses to rule by Shariah law out of disobedience or on a whim, or as a favor to someone, or because he was bribed, and so on, although he believes that it is obligatory to judge according to what God has revealed, and that what he has done is a sinful and haram/prohibited action then such a person is a major sinner whose witness in court of law is rejected. 101 Those who do not judge according to what God has sent down are the disbelievers. (Quran 5:44) 102 Indeed, God commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which God instructs you. Indeed, God is ever Hearing and Seeing. (Quran 4:58) 103 And those who do not judge by what God has revealed are ˹truly˺ the disbelievers. (Quran 5:44) 104 And those who do not judge by what God has revealed are ˹truly˺ the wrongdoers. (Quran 5:45) Muslims under non-Muslim jurisdiction must respect the treaty or contract they have entered105 106 with non-Muslims and that includes following the law of the land and any dispute arising due to adherence to Islamic law must be settled according to the laws of the non-Muslim land. Interpreting Shariah Law What is Interpreting Islamic Law? What is interpreting Islamic law? It is connecting a text to an issue or connecting an issue to a text to arrive at a theological or legal ruling. What does interpretation result in? Interpretation results in a ruling on act or belief or situation. How is interpretation done? It is achieved by the discipline of Usool Al-Fiqh. This is understanding of the texts arrived at, based on application of rules and principles of interpretation. Understanding of text results in certain knowledge or probable knowledge. Probable knowledge is one semantic dialectically preferred over others. The Four Sources There are four sources of law: Quran, Sunnah, Ijma and reason. Some people have deviated in trying to understand the Quran and Sunnah to fit their own sentiments and beliefs rather than fitting their beliefs and sentiments with the four. When we follow rules of interpretation, we minimize the probability of error and shun the pathway to misguidance. Quran has been discussed to some extent previously. To add to the discussion, Quran has almost 500 major or principle laws. Some laws of Quran have been abrogated while some others not. In law it means ceasing of the authority of a rule with a new rule. This rule may be related to belief or act. Abrogation is known by historical dates of the rulings in question. The abrogated ruling is always in the old date. Abrogation is also known by statements of the Imams of Ahl Bayt for the Shias and statements of the Sahabas (companions) for the Sunnis. Abrogation is only valid in revealed texts such as Quran and Sunnah. A textual ruling is abrogated by a textual ruling of similar credibility that is how authentic is the source of the text. Entire Quran is certainly credible while Sunnah varies from certain credibility to inductive credibility depending on chain of narration and semantic of the text. 105 …Honor ˹your˺ pledges, for you will surely be accountable for them. (Quran 17:34) 106 O believers! Honor your contracts/treaties/obligations… (Quran 5:1) Sunnah is the sayings, actions and hints from Prophet’s actions. Hadith is the narration from Prophet, so Sunnah is contained in the Hadith. The Shias also consider Hadith as narration from the twelve Imams because to the Shias, what the sayings, actions and hints from the Imams’ actions are nothing but sayings, actions and hints from Prophet. Major Sunni Hadith books are Al-Bukhari, Al-Muslim, Sunan Abu Dawood, Sunan al-Tirmidhi, Sunan al-Nasa'I and Sunan ibn Majah. Major Shia Hadith books are Al-Kafi, Man La Yahduruhu al-Faqih, Tahdhib al-Ahkam and Al-Istibsar. The reason Sunnism and Shism have different Hadith books is because, even though the source is same, that is the Prophet, but the narrators that have been accepted by Sunnism and Shism are different. Sunnism accepts narration from any companion of Prophet while Shism only accepts narration from family of Prophet and their supporters. However, despite the difference in the narrators, large part of Hadith literature of Shia and Sunni is similar. This is because many Shia narrators can be found in Sunni books and many companions of Prophet can be found in Shia books. Following the Prophet means following him in words, actions and purpose to follow the religion of Islam. A Prophet might have done something in a way to achieve a purpose, which could be done in a different but legally recognized way to achieve the same purpose. For example, Prophet fought with horses and swords to achieve justice and eradicate oppression but today we can fight with tanks and missiles for example, to achieve justice and end tyranny. Ijma is consensus of experts on religious issues. For Sunnis these experts are the companions of the Prophet and the Islamic scholars while for Shias these experts are the twelve Imams and Shia scholars. Both agree that Ijma is only meant to reveal a rule of the religion, which is not apparent in Quran or Sunnah, so Ijma is not a tool to create whimsical rules. Reason is any act of the intellect based on dialectics and logic. Reasoning models that Islamic jurists, philosophers and theologians have used without really naming them as such are: conditional reasoning, analogical reasoning, hypothetical reasoning, correlational reasoning, deductive reasoning, inductive reasoning, causal reasoning and reductio ad absurdum. One type of analogical reasoning is Qiyas. Sunni jurisprudence accepts Qiyas analogy while Shia jurisprudence rejects it. Qiyas is based on a hidden causative intrinsic attribute on which a ruling is allegedly based on. It is causative because it is extended to other new rulings because of the existence of this attribute in that object of ruling. As an example, Quran prohibits khamr, an alcoholic drink, so the object of ruling is alcohol, and Sunnism by applying Qiyas over this ruling has prohibited other types of alcoholic drinks. In khamr what is the causative intrinsic attribute? Sunni jurisprudence has decided it to be intoxication, so any drink which can intoxicate is thus prohibited. Shia jurisprudence rejects Qiyas analogy because it is whimsical and identifying this causative intrinsic attribute is not based on reason or evidence but guesswork. Instead of using Qiyas analogy to arrive at a new ruling, Shia jurisprudence uses deductive reasoning based on major and minor premises reaching a conclusion on ruling. So, Shia jurisprudence will identity a general legal principle mentioned in the text which in the case of khamr is prohibition of intoxication. Taking the major premise that all intoxicants are prohibited and the minor premise that this drink is intoxicating reaching the concluded ruling that this drink is prohibited. What is the difference between wisdom and causative intrinsic attribute of a ruling? Wisdom can be established from various reasoning models whether such reason is “a priori” or “a posteriori”. For example, the wisdom behind prohibition of alcohol are many which has been observed and studied such as alcohol producing major social evils, major health issues and latest study proving no amount of alcohol is safe107. These are not causative intrinsic attributes of alcohol but extrinsic consequences. If, for example, Shia jurisprudence did not have the text which prohibits all intoxicants then they would have to arrive at “prohibition of all alcoholic drinks” from the general textual principle of “avoiding greater harm” which are mentioned in Quran and Sunnah, and these extrinsic consequences of alcohol cumulatively establish beyond doubt that alcoholic drinks harm. Subsidiary Legal Principles In absence of a text in either Quran or Sunnah the jurist uses subsidiary principles which have been deduced from texts and/or from its implications and indications. The important principles are “blocking the means”, “obligating the means”, “continuous interest” and “laws of previous Prophets”. “Blocking the means” has become a major legal source in this age where so many things can misguide the Muslims and the Islamic society. Blocking the means simply means anything which leads to disliked or prohibited act or belief is itself disliked or prohibited respectively. This “means” can either lead to “There Is No Safe Level of Alcohol, New Study Confirms.” World Health Organization, 13 Sept. 2018, www.euro.who.int/en/health-topics/disease-prevention/alcohol-use/news/news/2018/09/there-is-no-safe-level-ofalcohol,-new-study-confirms Accessed 2021. 107 something prohibited with certainty or with high probability or even with low probability to something prohibited whose harm is potentially intense whether on the individual or the society at large. Some examples of blocking the means are segregation of sexes, enforcement of hijab as a social rule, banning of weapons sales, banning of student politics etc. The jurist when using this principle to legislate should understand relevant contemporary disciplines or refer to expert knowledge, some examples of which are sociologists, psychologists, medical experts or even simple observation of events. “Obligating the means” is the opposite of blocking the means which says anything which is a requirement to fulfill a liked or obligatory act or belief is itself liked or obligated respectively. The similar principles of analysis as with the blocking the means applies here. Understand that blocking the means is a causative feature whereas obligating the means is a conditional feature. Another essential principle is the “benefitting rule”. If something benefits any of Islam, mind, wealth, honor, life or morals then it is lawful, either permitted or obligatory. A thing must be wholly beneficial or wholly harmful or hybrid, one more than the other. If benefit more than harm, then it is lawful. Greater benefit must not be like benefitting greater number of people by harming few people. This is exploitation, rather it may harm all whom it benefits more. Greater benefit is rather measured by intensity and extent of benefit rather than number of people benefited, similar with greater harm. For example, addictive drug such as Cocaine is harmful not because it will harm more people than benefitting, but rather it can harm intensely even one person by severe medical and psychological conditions. If there is a conflict between two or more parties in achieving a benefit, then priority is established: priority by rule, priority by reason and priority by equity. For example, a sick person seeking shade under another person's tree without his permission, and such “seeking of shade” doesn't harm the owner. What is the priority here? We can use “priority by rule” here based on the Quranic principle of saving life. Also, here we have a conflict between duty to preserve life and right to preserve own property. Issues like these may be discussed under the section “Conflict of Texts or Legal Principles”. A less important and rarely used principle is laws of previous Prophets such as Abraham, Moses, Jesus PBUTH. If Quran has already adopted any of their laws, then it is considered Quranic law and not purely law of previous Prophet. The issue here is when Quran has not adopted such law, are we required to follow previous revealed laws? We do not know which laws are really revealed to previous Prophets as bible has been corrupted. Only Prophet could have known and had the authority to act on previous laws by God's command which would incorporate the previous law as a current law. What we are following of previous Prophet's laws is only monotheism and may be other laws that Quran made Muhkam. Can a previous law be followed if such a law has been established by a sound chain of narration in Hadith books? No, because any new revelation or ongoing revelation abrogates the authority of previous revealed laws. Legal Maxims Islamic legal maxims are rooted in Islamic texts in Quran and Sunnah. These have been deduced and extracted by jurists over a long period of time either knowingly or unknowingly. These were established after representatives of all schools of thought regarding Muslim Jurisprudence came together to reach a consensus. Legal maxims are theoretical abstractions, usually in the form of short descriptive statements that are expressive, often in a few words, of the goals and objectives of Shariah Law. These maxims are used to clarify and elaborate Islamic legal texts to new situations. They do not contradict the texts but rather broaden, extend and simplify them. The Major maxims Matters are Judged by Their Purposes. Evidence for this lies in the Prophetic Hadith. For example, different judgments are incurred by someone who killed another, depending on whether he intended to do so or it was an accident—for the very basis of the action differs in each case. Understand this maxim does not mean end justifies the mean. Secondary principles derived from this maxim: 1- Contractual stipulations are to be understood by their intended meaning, not strictly by their wording or formulation. 2- Intention generalizes the specific and specifies the general. 3- The intention of the oath-taker determines. Certainty is Not Removed by Doubt Evidence for this lies in the Hadith, that is, in the case when one is certain he performed ablutions, but then doubted whether he broke those ablutions (by passing wind or the like), then he should cleave to his certainty (i.e., that he remains ritually pure) and dispel himself of his doubts (i.e., that he broke his ablutions). The inverse case likewise obtains. Secondary principles derived from this maxim: 1- the presumption that a thing remains as it was originally (unless definitely altered) 2- the presumption of innocence 3- the presumption that what is established with certainty is not altered except with certainty 4- the presumption to regard qualities and things depending on whether they are accidental or essential 5- the presumption to attribute an incident to the nearest occasion 6- that the general presumption in matters for the general populace is permissibility 7- that the general presumption in economic transactions is permissibility. 8- give no weight to evidence in the face of explicit testimony 9- do not attribute speech to the silent 10- give no weight to speculation 11- give no weight to suspicions in offenses 12- a habitual prohibition is like a definite prohibition 13- do not dispute the consequences of a proof Difficulty Must be Alleviated Evidence for this lies in the Qur’anic verse and the Prophetic Hadith. An example of this is the dispensation given one who finds it difficult to pray standing, as he may then pray seated. Secondary principles derived from this maxim: 1- If a matter is difficulty, ease it. 2- If a matter is easy, straiten it. 3- Necessity renders the prohibited permissible. 4- What necessity makes permissible is permitted only to the extent of the necessity. 5- What is permitted with due cause is again prohibited without it. 6- A universal need is a necessity. 7- Necessity does not trump the rights of another. 8- If the principle cannot be satisfied, it falls to its equivalent. This principle cannot be used to lift sanctions and make close ties with Zionists for example because that would violate the text of Jihad. Islamic republic of Iran is an example who has not abused this principle. Harm Must be Removed Evidence for this lies in the Prophetic Hadith. This means harm will not be inflicted on other and nor inflicted upon us. For example, one whose possessions injure a neighbor has a responsibility to remove the source of the injury or hardship. Secondary principles derived from this maxim: 1- repel harm to the extent possible 2- remove harm. 3- A greater harm is removed with a lesser harm. 4- A particular harm can repel a general harm. 5- Averting what corrupts is more important than generating what benefits. Custom has The Weight of Law This can be understood with reference to the Prophetic Hadith. Al-Suyuti held, in his al-Ashbah walnaza’ir, that every transmitted but unrestricted legal injunction that cannot be specified with reference to another authority or linguistic analysis should accede to communal custom. Adoption of custom as a law has conditions which must not be violated such as it must not make Haram Halal among other conditions. Secondary principles derived from this maxim: 1- What is in practice ought to be followed 2- Something becomes custom when it is generally adopted and becomes predominant 3- Weight is given what is predominant and common, not what is rare 4- Writing is considered like an oral expression. 5- A conventional gesture is considered like verbal speech. 6- Custom has the force of a contractual stipulation. 7- Something identified by custom has the force of something identified by a text. 8- The established practice of a community is considered like a stipulation between them. Necessity Renders the Prohibited Permissible The evidence of this can be found in the Quran when God allows consumption of pork to save one’s life. This is only an allowance, so a servant may face death to be martyred for God or save his life as a mercy from God. This principle has been greatly abused by many modernists who seek to escape into the world of western secular liberalism. So called Fatwas to remove hijab, women leading men in prayers, using interest on loans etc. have been validated or made Halal by abusing this maxim. The abuse arises from failure to understand the semantic and scope of necessity. True necessity is a state which if not fulfilled will result in unbearable suffering and/or grievous bodily and/or mental harm and/or death which the verse discussing pork implies. Every hardship a Muslim may face does not justify the use of this principle or else Jihad would become like an abrogated rule. Muslims must always primarily be ready to suffer so that divine help can be invoked and struggle towards achievement and perfection initiated. Also, when using this maxim, it should not violate others’ rights or must not cause sin, oppression and tyranny. Obligation to Assist in Good and Prohibition to Assist in Evil This good or evil can be act and/or purpose. Evidence of this is found in Quran when God commands the believers to assist in good and prohibits assistance in evil. The ruling of assistance towards good or evil will depend on the ruling of the good or evil act. If a good act is obligatory then assistance towards it obligatory depending on the nature of assistance such as whether it falls under fard kifaya or fard ain. If an act is prohibited, then assistance towards it is prohibited. The features of assistance are it is directly related and in close proximity to the act by distance, relevance or effect. Let’s take an example of the prohibited: taking nude picture. This act has many forms. Taking nude picture may be permissible between husband and wife for themselves, however if it is taken for publication then it becomes a prohibited “act towards a purpose”. Where does assistance come in here? If a person poses with nude women to assist in publication of such a photo then this person is assisting in prohibited “act towards a purpose”. Principle in Everything is Permissibility Based on Quranic principles about God’s creation and bounties everything is permitted unless the ruling is specified by the Shariah Law. Legal Rulings When it comes to rules, then the understanding result in legal rulings which are: 1. Ijab (declaring an act obligatory) It is the communication which absolutely demands the performance of an act. 2. Nadb (recommendation): It is the communication which indecisively demands the performance of an act. 3. Tahrim (declaring an act forbidden): It is the communication which demands absolutely to refrain from an act. 4. Karahah (disapproval): It is the communication which indecisively demands to refrain from an act. 5. lbahah (permissibility): It is the communication which confers a choice between the performance and omission of an act. Intrinsic Legal Attributes 1. Sabab (Cause): It is the cause on the basis of which a ruling is invoked or is established. 2. Shart (condition): It literally means an inseparable sign. Technically it means a thing by whose nonfulfillment the object of condition does not come into existence, but its fulfillment does not necessarily entail the existence of the thing. 3. Mani' (Impediment): It is one whose existence entails the non-existence of the command. 4. Sahih (valid): It is one whose essential elements and conditions are combined together in as much as they are recognized by the Sharia Law with respect to the command. Hence prayer, fast and sale are valid when the essential elements and conditions of each of them are present. 5. Fasid (Irregular): It is defined as that which is legitimate by its nature but not legitimate by its attribute. Linguistic Semantics Islamic laws can have indications and implications of its texts, individually or collectively, and/or purposive implications of the texts, also individually or collectively. When analyzing texts all semantic possibilities arising from such should be analyzed and then discarded one by one until the semantic which is supported by Arabic language, Prophetic and Ahl Bayt’s explanations, objectives of Islamic law, other texts and/or reason is established. Quranic texts can be related to other texts so consideration of inter-textual relationship must be analyzed and understood by the theologian and the jurist108. 108 Imam Jafar Al Sadiq said: "Tell (the people) what you know, and when you don't know say; `God knows best.' (It happens that) someone singles out a verse from the Quran (interpreting it in isolation from the rest of the Book) deviating in it (from the truth) to an extent greater than the distance between the heaven and the earth." Quranic laws have varying degree of expository semantics. Some are clear and precise, but some are just giving a general idea of the issue without precision and demarcation. Nonetheless Sunnah is the second authority for explanation and, Ahl Bayt and senior companions the third. Combined these three, are the interpretive foundations of the Shariah Law. It is noteworthy to mention that any narration which contradicts Quran is rejected which is different from specification or exception. The contradiction must be evident and against the meaning of the text. It is not a contradiction when an authoritative, sound and valid narration clarifies, specifies, extends or applies an exception to a text’s semantics and scope of application. There are scopes for every Quranic and Prophetic command. The first is the command exerts its action on both the individual it addressed to and to others or it only exerts its action to the individual or it exerts its action to others only. Example of the first is command to establish prayer and zakat. Example of the second is command to remember God and example of the third is retributive laws such as punishments of theft, drinking adultery etc. These may be understood by the forms of verbs in Arabic such as mutaddi verb and lazim verb. These scopes thus are addressing the individuals as well as the people of authority such as government, the military etc. The most basic building block of linguistic semantics is the “word”. Meaning or meanings of a word in Arabic have been formed by the natives of Arabia109, especially Meccan tribes, by specification for a special use, or by widespread general use. A word has a meaning or multiple meaning. If multiple meaning, then such may be contradictory with each other or diverse with each may be of equal weight in usage or one preferred over the others. A meaning may be also common to multiple words. If one meaning preferred or used over other/s, then the preferred meaning is real literal while the other/s metaphor. Here “prefer” means what has been intuitively or at first instance understood by the native speakers during the revelation of Quran, that is the main usage, the primary meaning intended of the word. Multiple non contradictory or non-repudiating meanings of a term in a text may be taken to extend the scope of the semantics of the legal text. For example, the meaning of the term Wali in Quran 3:28 can mean both protector and friend which can be applied in two different perspectives: political collective and social individual. Metaphor for a word is taken over the literal when taking the literal meaning leads to reductio ad absurdum, which is a consequence that is absurd or contradictory. For example, if one takes the literal 109 Indeed, We have sent it down as an Arabic Qurān that you might understand. (Quran 12:2) meaning of the word nasiya in Quran 7:51 for God then it results in theological absurdity about God’s nature. Metaphor meaning is also taken if someone explicitly suggests it’s usage and for Quran and Sunnah these are Prophet and Ahl Bayt for example. So Literal and evident meaning of a word is not taken when it violates established principles of theology or law or sound reason. There are three types of literal meanings: by usage, customary and religious/legal. Let’s consider the term salat in Arabic. By usage it means prayer but legally it means ritualistic prayer as described by the Prophet of Islam. If a word in the text of Quran or Sunnah have both meanings “by usage” and legal then legal meaning is taken over the other. Textual semantics can also be understood from the following perspectives: who or what is included under ruling and who or what not included, and this is the general (Amm) and the specific (Khass), ambiguity or clarity as in Mujmal/Mushtarik and Mubayyan/Mufassir, vagueness or precision as in Mutlaq/ Muqayyad, literalism as in Nas, Zahir, Muhkam and lastly metaphor as in Mutashabih. The general implies the semantic of universality, that is all members of a genus. Genus contains members who share a bond and common features among themselves. The general semantic is understood by the rules of Arabic grammar and morphology. When God says in Quran that the pious will be admitted in paradise then this is a general semantic because it includes all pious without exception. When God says in Quran that men are in charge of women then this is also the semantic of universality that is men have authority over women. When God says in Quran 9:29 to fight the Jews and Christians in the first part of the verse then this is also the semantic of universality. The general can be specified by Quranic text, Hadith, Ijma, reason, conditional, attribute, legal limit and/or exception. Specification implies the semantic of quantification or limitation, that is, it chooses one or more members from the general and applies the ruling to them. For example, when God permits to marry unlimited women then “unlimitedness” is specified or limited by a maximum of four wives or when God commanded to fight the Jews and Christians in Quran 9:29 then it specified by the letter min which is used as tabidiyya that is a specific part of a whole, that means a certain group of Jews and Christians should be fought. Mujmal and Mushtarik can be a letter, word, statement or action that cannot be understood on its own because it has more than one meaning, implication or form, or its meaning is not known. For example, when God says men are Qawwam (in charge, in authority) of women we do not immediately know what form or forms this authority should take place. Also, in Quran 9:29 we are not told which group of Christians and Jews are to be fought. Mubayyan and Mufassar can be a letter, word, statement, action or semantic that clarify the Mujmal/Mushtarik. For example, Sunnah and rules of Shariah clarify the meaning of Qawwam and how men should be in authority over women. Also, Sunnah clarifies which group of Jews and Christians are to be fought with respect to Quran 9:29 and these are the hostile groups of Jews and Christians. Mutlaq is a word having a specific meaning that does not have a restrictive clause attached to it, that is Mutlaq identifies a member or members of its genus without specification by a clause or restriction. For example, God commands in Quran to wash our hands during ablution where the “hands” is Mutlaq term because we are not given any attribute, condition or clause to determine to what extent we should wash the hands. Muqayyad is a word having a specific meaning that has a restrictive clause attached to it that is Muqayyad identifies a member or members of its genus with specification by a clause or restriction. When God commands us to wash our hands until the elbows then this is Muqayyad because the term hands is restricted by the clause elbows. Zahir means the literal that is to say the literal word, text or meaning. Nas means textual, that is what has been mentioned in the text. Muhkam is that which has been explained, clarified and acted upon. Mutashabih is that whose meaning or ruling revolves around literalism, metaphor, allegory or abrogation. We can see that when one tries to understand the Quran and the Sunnah, he faces with obstacles such as trying to understand the semantics. He may read a text and get many semantic possibilities. One must understand that logical possibilities are not equivalent to physical or semantic realities, for example, one may say that the fig tree in Quran is indicative of Buddha because it is alleged Buddha received enlightenment under fig tree, and this is a logical possibility, but exegesis of Quran establishes the physical or semantic reality which refutes the Buddha perspective. Understanding the Quran and Sunnah is thus about establishing the intended semantics which is the semantic truth or range of possibilities which will contain the semantic truth. This can be achieved by Prophetic and Ahl Bayt's explanations of texts, rules of Arabic language, rules of legal interpretation, reason based on relevancy and facts, and reductio ad absurdum principle. The important aim of Islamic semantics is understanding command and prohibition of God. Command implies obligation to act on something if such a command comes from an authority that is from a superior to an inferior. However, if it is from an equal to another equal then it is merely a recommendation. So, command can imply obligation, recommendation or permissibility and these are understood by the rules of Arabic grammar, morphology and rhetoric (Balagha). The command must have or require an intention of performance. There are some issues relating to performance of command such as whether a command demands immediate performance or delayed performance. If a command has a time frame, then it can be performed with in the time frame but if however, there is no time frame for the command then one needs to determine the urgency of the performance. If, however by delay of performance harm is achieved or prolonged, then performance in the earliest possible time becomes mandatory until harm ceases or removed. Then there is the issue if a command needs repeated performance or once only performance. This depends on the nature of the command: A retributive command is a command which comes with a form of punishment and/or threat such as spiritual, physical and/or financial. All retributive commands are prohibitions. Then there is continuous command which are done continuously such as command of doing good always. Then there is causative and conditional command which is valid for implementation when the cause or condition of the command is realized, such as oppression begets Jihad, or injustice begets justice or Ramadan begets fasting etc. Then there is timed command which takes places in specific times such as prayer, fasting and Hajj for example. Then there is permissive command which allows you to do something, for example God commands in Quran to marry us two, three, four but this does not mean we must marry two, three or four gradually but this means we are permitted to have a maximum number of four wives in any time. The command of God is meant to be performed continuously unless specified because Quran is a guidance until the day of judgement so it cannot be compared with our day to day command we give to our inferiors for example, so the principle in God’s command is continuity. If a command is addressed to an individual is it applied to all individuals in that same issue? For example, Prophet advising or commanding someone, does it apply to all Muslims, non-Muslims or only that individual? It depends on the nature of command and the nature of the issue the individual has been commanded upon. Prohibition is also a command of non-performance. Does it invalidate the prohibited act and any further proliferation of acts based on the prohibited act? It depends on the internal and external perspectives of the act. For example, praying on an occupied or looted land or stolen mattress, is prayer invalid? What is the external and internal perspective of the act of prayer? Another example, if a buyer sells a hijab to a woman but the quality of cloth is fake not the one being advertised, then is the transaction invalid? What is the external and internal perspective of this act? If the prohibition is in internal aspect of the act, then the act is invalid but if it is external then the act is valid but with sin and further legal obligations. So, for example the prayer is valid on looted or occupied land but with sin and perhaps further legal obligations. The transaction of the hijab is valid but with sin and further legal obligation such as returning the money or giving the accurate material. However, if a person was to pray without ablution then his prayer would have been invalid because ablution is an internal feature and condition of the prayer. Next issue is if something is prohibited or obligated then what is the scope of prohibition of obligation? For example, if pork or interest on loan are prohibited then does it mean eating pork or looking at pork or selling pork or buying pork or using pork in anyway etc. are prohibited? Same goes with interest on loan, that is, does it mean taking interest on loan, or writing interest on loan or legally witnessing interest in loan or paying someone interest for his loan etc. are prohibited? Same goes with if something is obligatory. The principles are then, for prohibition, whatever assists or is a means to the completion of a prohibited act is itself prohibited and whatever assists or is a means to the completion of an obligated act is itself obligatory and also to mention an added rule, whatever assists or is a means to the completion of a permissible act is itself permissible. In the first rule buying is a means to eat pork so buying pork is forbidden, in the second waking up to pray in time is a means to pray in time so waking up is obligatory, in the third rule spending money to give charity to a needy person is a means to charity so spending money is permissible. Even though these are subsidiary principles as part of the legal maxims, but these have been discussed here for relevancy. The semantic of textual connectivity is also of great importance to interpret theology and law. Here a text means the smallest meaningful sentence that can be made in Arabic language. Quran can have a disconnected flow, that is within the same verse two or more different topics may exist. To know disconnected topics from connected topics we need to identify textual connectivity. Textual connectivity can be established by Huruf that are letters, relevancy of contents and the rules of Balghah from Ilm Al Bayan. For example, Quran 4:34 establishes patriarchy in the first part and then establishes the nature of women under patriarchy and they are righteous, obedient to men (husbands) and chaste. The first and second part of the texts are connected by the letter fa and the second and third parts connected by the letter wa. If there was no fa or wa and the texts started without one of these connections then the nature of women would suggest being righteous, obedience to God rather than men, and chaste. The final issue of the semantic is, a verse which has been revealed or stated for a specific reason, person or context transcends the reason, context or person in its authority, and it’s activity or performance is not limited to that reason, context or person. For example, many verses have been revealed for specific people during Prophet’s time, but the ruling is not specific to them or their time but transcends becoming a general rule. Once we have exhausted the semantic analysis to arrive at the best and most supportive semantic truth from one or more related collective texts combined, and the ruling or rulings from them, then we can use this in logical forms to apply rules on new situations or address issues of theologies. These logical forms are categorical syllogism, conditional syllogism, disjunctive syllogism or enthymeme. The Analysis of Narrations Narration is any report from the Prophet according to Sunnis, and from Prophet and Imams of Ahl Bayt according to Shias, which contain sayings, actions or any form of hints and guidance of Prophet and/or Ahl Bayt. Narration is transmitted by narrators through chains that is each narrator narrates from another. A narration can be Tawatur or Ahad. The first is when enough people, for whom it is impossible or unlikely to agree on a lie, narrates something from the Prophet. This narration must be attributed to one of the five senses that is it cannot be a subjective report from the narrator. Tawatur can be in text or in meaning, that is instead of text a certain but consistent meaning has been narrated by many people with varying wordings of narrations. In Hadith terminology, Ahad Hadith refers to a Hadith not fulfilling all of the conditions necessary to be deemed mutawatir. A Hadith can be saheeh, daeef or maudu. A saheeh Hadith is conveyed by a trustworthy, completely competent person, either in his ability to memorize or to preserve what he wrote, with a connected chain of narration that contains neither a serious concealed flaw nor irregularity. A daeef or weak Hadith is a narration either due to discontinuity in the chain of narrators or due to some criticism of a narrator. The maudu or fabricated Hadith is a fabrication on the Prophet and is not a narration uttered by the Prophet. Three principles to establish the authenticity of the narration are based: a) compare the narration with Quran b) analyze the reliability of the transmitters of the narration; c) analyze the continuity or discontinuity of their chains of transmission. So, an important discipline within Hadith studies is biographical evaluation, the study of transmitters of Hadith. Transmitters are studied and rated for their general capacity of precision and accuracy of memory, trustworthiness and their Islamic character. Both Shism and Sunnism have books on biographies of narrators. Conflict of Texts or Legal Principles When we are trying to apply a rule of Islamic law in a situation and while applying, another semantic or rule contradicts/opposes the semantics or rule and/or inhibits completely it’s application then we have a contradiction. Note that the inhibition must be complete and permanent and not partial and/or temporary inhibition because that would mean scope delimitation by specification or exception. In truth there is no contradiction in Quran and the apparent contradiction seen is due to lack of our understanding. As to Sunnah as well there is no contradiction but the evident contradiction, we see that exists in Sunnah is due to how Sunnah was collected in Hadith. When a jurist is faced with contradiction of two or more texts or rulings for application in the same time for the same issue then the following needs to be considered: either one semantic or rule is abrogated while the other is authoritative, use both semantic or rules but in varying scopes or sequence, or one semantic or rule explains the other rule by specification, extension or exception of part or establish priority of one over the other. Preference of Hadith is done by analyzing the chain of narration, the biographies of the narrators and/or by analyzing the content of the narration. This latter is compared with the general principles of Islam and the texts of Quran. If a semantic or rule of Quran and a semantic or rule of Hadith conflict, then Quran is preferred if all other protocols have failed to resolve the conflict. Algorithm of Interpretation When understanding or interpreting Islam “source access” needs to be hierarchical. Many Muslims today first and foremost look to Sunnah or Hadith when discussing Islam. We need to understand the fact that many Sunnah or Hadith has been stated before a certain revelation of Quran in that particular issue, so the Sunnah or Hadith might have been rendered null and void. So, the source access must be in this order: non-abrogated verse of Quran, then explanatory Sunnah or Hadith of the non-abrogated verse, then Sunnah or Hadith which is non-abrogated or not contradicted by Quran then subsidiary principles and legal maxims. When we look at sources we need to start with the linguistic semantics, analysis of narrations, analysis of textual authority and in absence of verses for a specific issue, we need to move to the subsidiary principles and maxims. Lastly, we need to deal with conflict among verses if any. It is fair to say that, reason, of which semantic analysis is a part, transcends the whole process. Men of Shariah Law There is no institutional hierarchy of clergy or priest in Islam. There is only hierarchy based on one’s piety and merit among the scholars of Islam. One who is more pious and knowledgeable potentially holds higher influence over others. Islamic scholars are diverse depending on their field of expertise and few have mastery over many fields. They are Mujtahid, Mufti, Qadi, Hakim, Muhaddith, Mufassir, Usooli and Mutakallim. The Mujtahid has the ability to interpret Islamic law from its sources. The Mufti has the ability to pass religious rulings from interpreted laws and adheres to a single school of legal thought. The Qadi is the Islamic judge in an Islamic jurisdiction. The Hakim is the Islamic ruler. The Muhaddith is the scholar of Hadith. The Mufassir is a scholar of Quran who explains the Quran. The Usooli is a jurist who specializes in philosophy of law and jurisprudence. The Mutakallim is the theologian. Schools of Legal Thought Sheikh Nuh Keller an American Muslim, a philosopher and Islamic legal expert says: ‘The word madhhab is derived from an Arabic word meaning "to go" or "to take as a way", and refers to a mujtahids choice in regard to a number of interpretive possibilities in deriving the rule of God from the primary texts of the Qur'an and Hadith on a particular question. In a larger sense, a madhhab represents the entire school of thought of a particular mujtahid Imam, such as Abu Hanifa, Malik, Shafi'i, or Ahmad-together with many first-rank scholars that came after each of these in their respective schools, who checked their evidences and refined and upgraded their work. The mujtahid Imams were thus explainers, who operationalized the Qur'an and Sunna in the specific shari'a rulings in our lives that are collectively known as fiqh or "jurisprudence". There are five legal schools of thought in Islam. Jafari The Ja‘fari school of thought was headed by Imam Ja‘far ibn Muhammad al-Sadiq who lived from 83H to 148H. He was born in and died in the holy city of Madina, and he is the sixth Imam of the twelve designated Imams of the school of Ahl Bayt i.e. Shism. Although the fiqh (Islamic Jurisprudence) was developed by the Prophet Muhammad and his successors (i.e., the Imams), the fiqh, as taught by the Shia, did not have the opportunity to be presented to the masses of people because of the political predicament that the Ahl Bayt suffered under the monarchial rulers for many centuries. He taught thousands of students in subjects ranging from law and theology to mathematics and science. The Imams refused to acknowledge the legitimacy of the Umayyad and Abbasid caliphs, and their governments; and thus, they and their followers were exposed to tremendous harassment and persecution at the hands of many unjust caliphs. Once the Umayyad government became weak, Imam Ja‘far ibn Muhammad al-Sadiq found a golden opportunity to formulate and spread the tradition of the Prophet Muhammad and his family. At one time, four thousand scholars, commentators of the Qur’an, historians, and philosophers attended his classes in the holy city of Madina. Therefore, he was able to pass down the authentic teachings of the Noble Qur’an and the Prophet Muhammad and crystallize them in what came to be known as al-Fiqh al-Ja‘fari, the Ja‘fari Jurisprudence. His teachings were collected in 400 principles (foundations) which were written by his students and encompass Hadith, Islamic philosophy, theology, commentary of the Qur’an, literature, and ethics. After a period of time, three distinguished scholars categorized these 400 principles in four books which are the main sources of Hadith for the Shia school of thought. They are: Usul al-Kafi by al-Kulayni (d.329H), Man La Yahduruh al-Faqih by al-Saduq (d.381H), and al-Tahdib and al-Istibsar by al-Tusi (d.460H). These three scholars were known as the “three Muhammads” since their first names were all Muhammad. While these four books are the main sources of Hadith for the Shia, their authors still did not label their books as “saheeh” (authentic). Although they did their best to gather only authentic traditions, but if a particular tradition contradicted the semantics or rule of Noble Qur’an then it was not accepted as legal and valid. Hadith, according to the Ja‘fari school of thought, are accepted only if the Noble Qur’an verifies them, since the Noble Qur’an is the only undoubtable source of guidance. Imam as-Sadiq was known to be the most knowledgeable of his time in the Qur’an, Hadith (traditions), and other religious sciences. Imam as-Sadiq had thousands of attendees taking part in his classes. Notable among them were Abu Hanifa, founder of Hanafi school Recognizes four sources of Islamic law: the Quran, the Sunnah (including traditions reported by the Prophet and the Imams), consensus (which must include the Prophet's or an infallible Imam's opinion to establish its validity), and human reason. Human reason is capable of inferring categorical judgments drawn from both pure and practical reason. Whatever is judged necessary by reason is also judged necessary by revelation. This correlation between reason and revelation has allowed Shia jurists to derive religious rulings on many issues not covered in normative sources such as the Quran and Sunnah. Hanafi Abu Hanifa was born to a non-Arab father, was raised in Kufa, and died in Baghdad. This school of thought prevailed during the time of the Abbasid Empire when a student of Imam Abu Hanifa, Abu Yusuf al-Qadi became the head of the judiciary department and the highest judge, and thus he spread this madhhab (school of thought), in particular, during the caliphates of al-Mahdi, al-Hadi, and al-Rashid. No other man was as close to the Abbasid caliph, Harun al-Rashid as was Abu Yusuf al-Qadi, but the Abbasid caliph, al-Mansur also worked hard to support and consolidate Imam Abu Hanifa’s school of thought and to spread his madhhab in the face of the growing popularity of Imam Ja‘far al-Sadiq. Imam Abu Hanifa studied under the instruction of Imam Ja‘far al-Sadiq for two years Though it bears the name of Abu Hanifa al-Nuʿman ibn Thabit (died 767), the Hanafi School of Law in fact owes its doctrine to his two disciples Abu Yusuf (died 798) and Muhammad ibn al-Hasan al-Shaybani (died 805). They laid down the systematic foundations for the work of later Hanafis. In the eighth and ninth centuries, the law school (madhhab) was associated with the rationalists (ahl al-raʾy), who advocated free legal reasoning not strictly bound by the revealed texts. Although by the eighth century raʾy, a form of free reasoning, was largely abandoned in favor of a more disciplined and text-bound reasoning, the Hanafis continued to resort to similar methods of legal argument, notably istihsan (juristic preference). After the ninth century, and certainly by the beginning of the eleventh, even istihsan was restructured so as to render it subsidiary to the imperatives of the religious texts. Though the Hanafi school finally came to adopt the mainstream legal methodology and philosophy, it did maintain peculiar characteristics such as its emphasis on the practical aspects of the law. Particularly in the first three centuries of Islam, its followers, more than any other school, were the chief authors and experts on formularies (shurut), notarial documents, and the profession and conduct of judgeship (adab al-qada). Among the most important Hanafi authors on positive law after Abu Yusuf and Shaybani are Abu alHasan al-Karkhi (died 951), Abu al-Layth al-Samarqandi (died 985), al-Quduri (died 1036), Shams alAʾimma al-Sarakhsi (died 1096), alKasani (died 1191), al-Marghinani (died 1196), Abu al-Barakat al-Nasafi (died 1310), and Ibn Nujaym (died 1563). For these authors, the works of Shaybani, known collectively as zahir al-riwaya, remained authoritative; they are al-Mabsut, al-Jami al-Kabir, al-Jami al-Saghir, al-Siyar al-Kabir, al-Siyar alSaghir, and al-Ziyadat. The most prominent legal theorists (usuliyyun) of the school are Pazdawi (died 1089), Sarakhsi, Nasafi, Sadr al-Shariʿa al-Thani al-Mahbubi (died 1346), and Mulla Khusraw (died 1480). In 1876, the Hanafi law of contracts, obligations, and procedure was codified in the Ottoman law code of Mecelle, in an effort to modernize the law and to achieve uniformity in its application. The primary source on which the Committee of the Mecelle based its work was Shaybani's collected works, zahir alriwaya, with the commentary on it by Sarakhsi, an eleventh-century Hanafi. In the first few decades of the twentieth century, however, the Mecelle was superseded by civil codes in all the countries that fell previously under Ottoman jurisdiction, with the notable exception of Jordan. In medieval times, the school had a large following in its birthplace, Iraq, as well as in Syria, Transoxania (now Uzbekistan, a former Soviet Republic), the Indian subcontinent, the Mediterranean island of Sicily, and to a lesser extent in North Africa. Later on, the Ottoman Empire declared Hanafism the official doctrine of the state, thus rendering it dominant in all areas that fell under its sway. In modern times, Hanafism still prevails in these regions as well as in Afghanistan, the Balkans, Pakistan, Turkistan, the Caucasus (between the Black and Caspian Seas), India, and China. Shafi Shafi΄i was born in Hijaz and his school of thought emerged in Egypt. At the time of the Fatimid Dynasty, the Egyptians were mainly followers of Ahl Bayt i.e. Shism, and the teachings of Ahl Bayt were being taught in al-Azhar University. At a later time, Salah al-Din al-Ayyubi came and waged an extensive campaign against the school of Ahl Bayt by banning the teaching of their madhhab (school of thought) in al-Azhar and resurrecting the other schools, including that of Imam Shafi΄i, who was killed in Egypt in 198H. The Shafiʿi school of law was founded by Muhammad ibn Idris al-Shafiʿi (died 820), a disciple of Malik ibn Anas (died 795) and Muhammad ibn Hasan al-Shaybani (died 805). Bringing about a synthesis between the rationalists and the traditionalists, Shafiʿi elaborated a system of positive law and a rudimentary legal theory that attracted a number of scholars who propagated his teachings, thus creating personal school of law (madhhab) in Islam. His two chief treatises that survived are al-Umm, a collection of treatises mainly concerned with positive law and disagreements among the early jurists, and al-Risala (also known as al-Kitab,) a work on legal theory with particular emphasis on Prophetic Hadith (traditions) as a binding source of law. The immediate students of Shafiʿi who were responsible for propagating his teachings, and thus for laying the first roots of the school, were al-Buwayti (died 846), Harmala (died 857), Muzani (died 878), al-Zaʿfarani (died 874), al-Karabisi (died c. 859), and al-Rabi ibn Sulayman al-Jizi (died 870). Al-Rabi ibn Sulayman al-Muradi (died c. 884) is known as the transmitter of most of Shafiʿi's extant works. Other scholars, such as Ibn Hanbal (died 854) and Abu Thawr (died 855), initially the disciples of Shafiʿi, became themselves the founders of independent law schools. The widespread influence of the Shafiʿi school must be credited to the work of Ibn Surayj (died 918), significantly nicknamed the "Little Shafiʿi." He was responsible for harmonizing the teachings of the school and for training a generation of influential Shafiʿi scholars who guaranteed not only the survival of the school but indeed its success. Among the most important of these scholars are Abu Bakr al-Sayrafi (died 942) and al-Qaffal al-Shashi (died 948), who are considered two of the first major authors of complete works on Shaf’i legal theory. Among the many names that dominated the later history of Shafiʿism are: Abu Bakr al-Baqillani (died 1013), Abu Ishaq al-Isfara'ini (died 1015), Abu Muhammad al-Juwayni (died 1046) and his son Imam alHaramayn (died 1085), Bayhaqi (died 1066), al-Mawardi (died 1058), Abu Ishaq alShirazi (died 1083), Ghazali (died 1111), Abu Bakr al-Shashi (died 1113), Fakhr al-Din al-Razi (died 1209), Rafiʿi (died 1226), Izz al-Din (b. Abd alSalam; died 1262), Muhyi al-Din al-Nawawi (died 1277), and Suyuti (died 1505). The positive law (furu) treatises of Juwayni, Shirazi, Ghazali, Rafiʿi, and Nawawi became standard for the later period, whereas in legal theory, the works of Juwayni, Ghazali, and Razi gained popularity. Today the Shafiʿi school has followers in Egypt—mainly in rural areas—as well as in Syria, Lebanon, Palestine, Jordan, Iraq, Hijaz, Bahrain, Yemen, Pakistan, Iran, India, and Indonesia. Maliki Malik joined the ‘Alawiyiin, the descendants of Imam ‘Ali, and received his knowledge from Imam Ja‘far al-Sadiq, but thereafter, inconsistencies marked his life. At one point he was oppressed and having earned the anger of the government, he was dragged through the streets by his clothes and lashed. In 148H, his fortunes reversed, and he regained his popularity and dominance. The Maliki school of law was named after the traditionalist and lawyer Malik ibn Anas (died 795) of Medina (in today's Saudi Arabia). Malik's active career fell at a time when the Prophetic Sunnah had not yet become a material source of the law on equal footing with the Quran and when Hadith were still relatively limited in number. In his legal reasoning, therefore, Malik made little reference to Prophetic traditions and more often resorted to the normative practice of Medina in justification of his doctrines. As expressed in his Muwatta, in which he recorded the customary Medina doctrine, Malik's reliance on traditions as well as his technical legal thought lagged behind those of the Iraqis. Once the transition from the geographical to the personal schools took place, Malik became the eponym of the former Hijazi or Medinan school. This may be explained by the fact that Malik's writings represented the average doctrine of that geographical area, coupled perhaps with the high esteem in which he was held as a scholar. Like the namesake of the Hanafi school of law, but unlike the founder of the Shafiʿi school of law, Malik did not provide his school with a developed body of legal doctrine. It was left for his successors, chiefly in the ninth and tenth centuries, to articulate a legal system particular to the school. Among the most important positive law works of the school are: al-Mudawwana al-Kubra by Sahnun (died 854); al-Risala by Ibn Abi Zayd al-Qayrawani (died 996); al-Tahdhib, an authoritative synopsis of al-Mudawwana, by Abu Saʿid al-Baradhi'i (died probably after 1039); al-Bayan, a commentary by Ibn Rushd (died 1126) on al-Utbiyya of al-Utbi (died 869); Bidaya alMujtahid wa Nihaya al-Muqtasid by Ibn Rushd al-Hafid (died 1189); al-Mukhtasar by Sidi Khalil (died 1365); al-Mi'yar al-Mughrib wa al-Jami al-Mu'rib by alWansharisi (died 1508), one of the most important fatwa collections in the school. Further, in writing on legal theory (usul al-fiqh), the Malikis were not as prolific as their Hanafi and Shafiʿi counterparts. Three of their most distinguished legal theoreticians are: Ibn Khalaf al-Baji (died 1081), the author of Ihkam alFusul ; al-Qarafi (died 1285), whose main work on the subject is Sharh Tanqih al-Fusul, a commentary on the work of the Shafiʿi jurist and theologian Fakhr al-Din al-Razi; and Abu Ishaq al-Shatibi (died 1388), who elaborated in his Muwafaqat one of the most innovative legal theories that is highly regarded by modern legal reformers. Since early medieval Islam, Malikism succeeded in spreading mainly in the Maghrib (North Africa) and Muslim Spain, being now the dominant doctrine in all Muslim African countries. In Egypt, it has traditionally shared influence with Shafiʿism. Maliki presence may also be found today in Bahrain and Kuwait. Ibn Hazm al-Andalusi says that two schools of thought were spread due to the government and the sultan: the school of Imam Abu Hanifa, since Abu Yusuf al-Qadi only appointed Hanafi judges; and the school of Imam Malik ibn Anas, for a student of Imam Malik, Yahya ibn Yahya was so respected in the caliph’s palace that no judge was ever appointed in Andalus, Spain without his consultation and advice. Hanbali The Hanbali School of Law takes its name from Ahmad ibn Hanbal (died 854), a major theologian of the ninth century. He was a fierce opponent of the Muʿtazila, a school of religious thought that flourished under the Abbasids. Ibn Hanbal emerged victorious in the inquisition, led by the Abbasid caliph alMaʾmun and the rationalist theologians against the traditionalists who upheld the doctrine that the Quran is not the created but the eternal word of God. Ibn Hanbal's career as a dogmatic theologian, coupled with the fact that he did not elaborate a complete system of law, gave him and his immediate followers the reputation of being a theological rather than a legal school. Indeed, the school's first complete work on positive law, al-Mukhtasar, appeared as late as the beginning of the tenth century, at the hands of Abu Qasim al-Khiraqi (died 946). Being strict traditionalists, the Hanbalis of the ninth century rejected the rationalist elements of what had by the end of the century become the mainstream legal theory. Later Hanbalis, however, gradually adopted the main elements of this theory, and by the eleventh century, their legal theory finally came to accept usul al-fiqh as elaborated by the Shafiʿi School of Law and Hanafi School of Law. Thus, it took the Hanbali school nearly two centuries after ibn Hanbal's demise to develop into a full-fledged school of law. Two centuries later, the controversial Hanbali jurist and theologian Taqi al-Din ibn Taymiyya (died 1328) even subscribed to a theory of istihsan (juristic preference), advocated by later Hanafis and vehemently opposed by early traditionalist Shafiʿis and Hanbalis. There were several figures who dominated the history of Hanbalism. Among the prominent names are al-Khiraqi, Ibn al-Farra, Ibn Aqil, Abd al-Qadir al-Jili (died 1166), Abu al-Faraj ibn al-Jawzi (died 1200), Ibn Taymiyya, and his disciple Ibn Qayyim al-Jawziyya (died 1351), to name only a few. Controversial as a major figure in Islamic religious history, Ibn Taymiyya was involved in the study of law, theology, philosophy, and mysticism and was engaged in the politics of the Mamluk state. He wrote at length against the Shia, the philosophers, the logicians, and the pantheistic Sufis, though he himself belonged to the Sufi school of Abd al-Qadir al-Jili. Ibn Taymiyya's thought exercised significant influence on Muhammad ibn Abd al-Wahhab (died 1792), who, with the assistance of Ibn Saʿud, founded Wahhabism, an ideology that has sustained the Saudi state during the last two centuries. Saudi Arabia remains the principal country that applies Hanbali law. Nevertheless, the writings of ibn Taymiyya and ibn Abd al-Wahhab still continue to influence the Muslim reform and religious movements in the Middle East, from Rashid Rida (died 1935) to the Muslim Brotherhood. Taqleed It is not always unreasonable to follow others and to hold uncritical faith in them. We can logically distinguish four possible forms of imitation: • that of an ignorant person by an ignorant person; • that of a learned person by a more learned person; • that of an ignorant person by a learned person; • that of a learned person by a less learned person. It is quite clear that the first three forms of imitations are unreasonable and can serve no purpose. However, the fourth kind of imitation is obviously not only reasonable, but also necessary and matter of common sense; in our everyday life we follow and imitate others in many things; we like to feel that we are taking the advice of experts in matters outside our own knowledge. The Quran strongly exhorts at least a group of Muslims to devote their time and energy in studying religion. This obligation is of such importance that God has exempted such persons from the duty of Jihad. Major Acts of Shariah Law Major Rituals A ritual in Islam is anything which is directed purely towards God and has a step by step protocol, an algorithm. Prayer, fasting hajj, manner of slaughter and many others are purely done towards God and have detailed protocols. Prayer Prayer is the most important act after faith, which is an act of the heart and mind. Once you have mentally, spiritually and ideologically prepared yourself by submitting to God in your heart and making ready your mind through the principles of faith, it is time to take the next step through prayer. The “five times prayers” remind the Muslim that his or her life means a life defined by Islam, in every capacity of their lives. Islam is not something partial to social life and followed occasionally as social formalities. The prayer obligates that you have to invoke God by making the religion sincere for Him. This is both personal and collective achievement. Personally, you cannot continue in haram beliefs and acts while invoking God so you must not live a double life, one during prayer and one when outside prayer. In political side the Muslim leaders too must not live a double life. Their policies must be Islamic just like their prayer. They must establish Islamic rule, laws and protocols and then their Islam will be sincere when praying. Prayer such as Jum’a (Friday) prayer is a place for raising Muslim issues and problems of their society and governance as the Prophet and his Ahl Bayt did. The Friday prayer thus also acts as a social problem-solving event. So, considering all these collectively the prayer protects the Muslim from evil and thus the second pillar. Prayer is also the most powerful meditation there is because it connects the self with God through a spiritual ascent of the mind. For example, nightly prayer (tahajjud) in isolation is the greatest spiritual ascent that a human can perform in existence. It is freedom from all stress, tension and anxiety as your mind and body completely turn towards God and leaves the affairs of the world. The nightly prayer is an opportunity for you to see the worthlessness of this world and the futility of human rivalry in sin, iniquity and ego. Both Shia and Sunni agree on the obligation of the five prayers and the Friday prayer, but they disagree on some subsidiary legal issues related to the details of the prayers. One who abandons prayer has become a major sinner and one who denies it’s obligation becomes an apostate. There are other kinds of prayers in Islam that have been discussed in the law books. Both Shia and Sunni agree the essential requirements of prayer are ritual purity such as ablution or tayammum as required and when justified by law, time of prayer, facing the Kaba, covering the shame as per law of clothing, purity of place such as free from idols and filth and intention. Some essential acts of prayer are takbeer, standing in case one is not sick, ruku and prostration, reciting chapters from Quran, tashahhud and tasleem. There are also acts which invalidate the prayer such as passing anything from the sex organs, too much movements during prayer, talking, laughing etc. Kaba is not an idol which has divine qualities but a symbol of Muslim unity and order in worship. Kaba and its associated rituals of Hajj and Umra are subservient to God and are not themselves divine or deified. These are totally powerless and only God gives blessings through what He chooses. Fasting Fasting teaches us self-sacrifice, abstinence from sins and patience for God and in God. That is why Imam Khomeini said: “If our enemies besiege us economically, we are the children of 'Ramadhan”. It also teaches us to feel for the poor, the needy and of their hunger. It prepares us, by some suffering and hardship, for Jihad and encourages us with perseverance and determination. This is all true for the sincere fasting which is free from all the moral and legal faults that Islamic texts identified. Only a sincere fasting will teach you and prepare you. Fasting in Ramadan is the most important in Islam but there are other legal conditions when fasting is required or recommended. Islam allows sick people and travelers to fast later or give financial compensation to the poor in the form of charity. While on travel or in the state of a disease Muslims are relieved from many religious obligations and become eligible to attain privileged and prioritized benefits. So, it is fair to say the weak and the helpless are preferred and prioritized in Islam for benefits and relief. Hajj Hajj is the symbol of accepting God's authority and rejecting the tyrants and persecutors as stated in Quran 9:3. Hajj is the preparation to be ready to abandon world for God and it is also a preparation to travel to the next life. Hajj is also a symbol of Islamic unity of Humanity that under God all humanity is one through faith and servitude. Malcolm X highlighted this when in 1964 he stated “There were tens of thousands of pilgrims, from all over the world. They were of all colors, from blue-eyed blondes to blackskinned Africans. But we were all participating in the same ritual, displaying a spirit of unity and brotherhood that my experiences in America had led me to believe never could exist between the white and the non-white.” The general legal requirements of Hajj are legal maturity, mentally sound, freedom to move, ability to travel, freedom from sickness and finance the journey and security of journey. The Islamic Diet God has commanded us to eat and drink without wasting110. Even if we eat some halal food excessively which may cause health hazard this will amount to wasting and excessive. Dead carcass of animals which has not been slaughtered in the Islamic way, pork, blood and food offered to idols or in name of idols are forbidden. Also, any slaughter which is done in names other than God is also forbidden111. Necessity is an excuse to eat forbidden food. This necessity must be genuine, that is, if not fulfilling the necessity leads to established physical or mental harms then such a necessity is genuine. Necessity does not arise just because you find something difficult to fulfill. All religious actions entail a level of difficulty and hardship. Such necessity also must not make you desire, and love forbidden beliefs, acts or things. Necessity does not justify admiration but rather your heart must remain hateful against things God forbidden. Animals are generally omnivorous, carnivores or herbivorous. Such distinction has been hinted in Sunnah of Prophet (PBUH), for example Prophet forbade all fang and claw possessing animals and birds suggesting these are predators and eat meat. It is safe to say that almost all plant eating animals are halal unless other textually implicative evidences are established such as potential to diseases, hygiene, 110 111 ..and eat and drink but be not excessive. Indeed, He likes not those who commit excess.” (Quran 7:31) He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than God. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, God is Forgiving and Merciful. (Quran 2:173) diet, habit etc. God has prohibited cruelty and torture of animals112. Inflicting intense pain and/or prolonging suffering of animals is considered cruelty and torture. The food of Jews and Christians as per the dictates of their revealed books are permissible. All food in their holy books which do not contradict Quran are permissible. Also, the food which are permissible must also be slaughtered in the name of God as is the command in Bible also. Basically, food of the practicing Jews and Christians should be permissible as a general rule113. There are two types of animals: essentially impure such as dog, pig and essentially pure such as cow, sheep, deer etc. However, if any essentially pure animal is not slaughtered in Islamic way then it becomes impure and forbidden to eat. When it comes to water animals then only fish is permissible, or which is categorized as fish according to Shia jurisprudence but for Sunnis most sea creatures are permissible to eat. Permissible ways of killing “permissible to eat” animal is a) by a hunting dog which does not eat its prey and the owner is a Muslim who takes God’s name before commanding the dog b) by a hunting weapon which is made of iron/steel which penetrates and bleeds the animal and the hunter a Muslim who takes God’s name before using the tool of hunting c) Islamic slaughter. General rules of permissibility can be summarized based on the following considerations: • Hygiene behind the food • Age of animal • Health of animal • Type of animal (omnivorous vs carnivorous vs herbivores) • Nature of finance behind the food • Benefit vs harm of the food • Purity vs filth of the food • Manner of slaughter …and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns… (Quran 5:3) 112 113 This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them… (Quran 5:5) Details and further discussions can be found in Islamic law books. If people followed Islamic diet then many deaths would be preventable which are a result of many causes such as diet induced blood pressure, cholesterol, obesity, smoking, diabetes, kidney failure, liver cirrhosis and addictive drugs etc. We will see how Islamic society deals with these preventable deaths. The Islamic Character What is The Islamic Character? Islamic character is a divinely guided self-construct consisting of an integrated whole of attitudes, emotions, integrated beliefs, personality and mood, a relatively enduring and general evaluation and judgement of an object, person, group, issue, or concept on a dimension ranging from negative to positive. That is Islamic attitude is a state of evaluation and judgement towards something. Attitude is a tendency of the mind which can be reflected in action. Islamic upbringing and faith conscience create a certain set of attitudes and this includes for example Muslim women’s Islamic conservative attitude focusing on rules and laws of the Shariah. Personality is the enduring configuration of characteristics and behavior that comprises an individual’s unique adjustment to life, including major traits, interests, drives, values, self-concept, abilities, and emotional patterns. Islamic upbringing and faith conscience create a certain kind of personality and this includes Muslim women’s conservative personality such as the trait of shame, preservation of chastity, desire to form a family, loyalty to husband, awareness that she is a woman with an Islamic purpose to her existence and to her husband and family, and emotion of shame, obedience, innocence and empathy. Mood is a short-lived emotional state, usually of low intensity such as anger is a mood which Islam generally discourages. Emotion is a complex reaction pattern, involving experiential, behavioral, and mental elements, by which an individual attempts to deal with a personally significant matter or event for example crying out loud and beating chest on loved one’s death is an emotion which Islam discourages. Islamic character is both individual and collective. Individual is when you alone as a Muslim interact with world and collective is when you as part of the political unity or Islamic group related to any Islamic cause interact with world, or as part of a Muslim group in any halal activity. To change the landscape of Islamic Ummah in their varied existence in economy, spirituality, society, political, financial, or even military we need to change our individual minds and selves, that is building the Islamic character is essential. Islamic character consists of many traits established from Quran and Sunnah. These traits make an integrated whole, but traits have its moment of manifestations, that is, which trait to use when, it is established by Shariah law, philosophy of religion and the Islamic purpose of that moment. One may be merciful and helpful at the same time and in situations which demand such, but one cannot be forgiving and justice at the same time for the same situation, issue or event for example. Some traits are unique to men and some to women while some are common to both because man and woman are different114 115. We say that a girl or woman is very feminine, we have some combination of these traits, usually the positive ones, in mind: gentle, sensitive, nurturing, delicate, graceful, cooperative, decorative, dependent, emotional, passive, and weak. We say that a man is very masculine, we have some combination of these traits strong, assertive, brave, active, independent, intelligent, competitive, insensitive, unemotional like woman, and aggressive. Some positive traits of Islamic character are honesty, trustworthiness, modesty, chastity, charity, courage, generosity, activity and work, forgiving, Jihad, justice, good manners, reconciling with brothers, amicability, brotherhood, asceticism, humility in speech and action, reason over stubbornness and the like while some negative traits are lying, backbiting, betrayal, bad manners, random and uncontrolled anger and outburst, laziness, drinking alcohol, eating forbidden, usury, theft, adultery, sodomy, monopoly, corruption, miserliness, envy, cowardice, gossip, exploiting the weak and the ignorant, aristocracy, greed, vice and wastage, nationalism, racism, tribalism, secularism and the like. To achieve the Islamic character, it is more important to understand the religion than to be religious because religious extremism is due to lack of understanding of Islam. When one understands the religion in broad perspective then being religious becomes easy and blessed. Islam has laid down some fundamental guidance to build the Muslim character. Islamic character is trained by upbringing, education and social interaction. Major Spiritual Traits Positive Traits 114 “…and the male is not like the female…” (Quran 3:36) Rahman, Mohammad M. “(PDF) Man and Woman: Essential Differences.” ResearchGate, Jan. 2021, www.researchgate.net/publication/348415885_Man_and_Woman_Essential_Differences 115 Repentance Repentance is the beginning of the ways of the seekers (of God’s closeness), and the key to the peace of those who desire of His pleasure. The reality of repentance says, Ghazzali: returning to God away from the path of distance (which takes you distant from God), to the path of closeness (which takes you closer to God), but for that there is a condition, beginning and perfection. As to its beginning: It is faith (Iman), and its meaning in this context is the bright light of knowing in the heart that sins are destroyers, and from this realization, the fire of fear and sadness arises, and from this fire results the truthfulness of yearning (to repent to God), being in awareness about the harm of sins when one meets it. The present then should be, your, leaving the sins, and as to the future, determination on leaving the sins, and as to the past, the acquirement of the realization of harm of sins you may have done, and with these three gradually perfection is acquired. It should be known that not repenting to God itself is an act of ingratitude to God. Then there are stages of repenting, as each person is not the same in his sincerity in repenting. There are sinners whose repentance is a mockery to God, a game and a formality, there are those whose repentance fills the heavens and earth, with awe. God has created some angels only to remain prostrated to Him and this is also an act of repenting and if such are the angels, who are sinless, what about us? We are then in need of repentance more than them. Repentance is for all sins whether big (kabeera) sins, or small (sageera) sins. Small sins will gather in you and destroy you while you may not know if you are taking small sins lightly. Awe Know this that the awe of God is a fear for God followed by humility and high love towards him. Says, Ghazzali in Arbaoon fi Al-Usool, know this that the reality of fear (awe) is the inner pain of the heart and it’s burning (as in a moved heart) for thinking about what is hated, to perform in future. This fear may be due to the flow of sins, and may be from God when one knows of God, His attributes which obligates fear, and this is a complete form, because one who realizes God will necessarily be in fear of Him, and this is a higher fear, a fear realized in the higher levels of one’s worship, acquired by wisdom. Thus, know this that the knowing of God with the correct knowing will make you fear him with a dignity, a dignity which is a direct result of worship. Abstinence The result of divine knowledge can be abstinence from all that is forbidden as you realize the inferiority, limitness and decay of the worldly things. Imam Ali said it excellent that is abstinence is not that you don’t own anything but that nothing should own you. Contentment The believers are satisfied by their halal abilities of earning and consumption and don't greed and despair for those who have more wealth than them, rather see those who have less than them as they remember this life is a journey to the eternal abode with God. However, it is not forbidden to acquire what is halal and make efforts towards it in halal way. The important thing is the mindset while you strive towards material achievements. Patience Ghazzali says that patience equips the man with a greater insight by separating the rational and the temptation part of human in two opposite extremes, thereby not mixing it and destroying the balance. Know this that patience is of three types: the first is a must for each servant of God, which is being patient from committing sins, then the second is for the higher worshippers such as being patient when stricken by oppression, hunger or poverty, for the sake of God, and not taking the path of sins, as Imam Khomeini said “If the enemy besiege us economically we are the children of Ramadan and if they besiege us militarily we are the children of Ashura”. Understand that in this category patience does not always mean you will take these like a meek pussy cat. Quran hints out two perspectives116 of patience: patience to bear when weak and unable as in the case of the victims in the verse, and patience to struggle towards change as is the case of the freedom fighters. The third is the highest patience, which is that of the people of abstinence, who are patient from the taste of the world even though it may be permissible and this kind of patience is best suited for the rulers, judges and the officials of Islamic rule and government. Patience tames your heart and makes it mature and stable so that it doesn’t fall into something harmful, 116 And what is it with you? You do not fight in the cause of God and for oppressed men, women, and children who cry out, “Our Lord! Deliver us from this land of oppressors! Appoint for us a savior; appoint for us a helper—all by Your grace. (Quran 4:75) in haste. In great hunger, a man may be forced to eat pork, as is permitted by Islamic law, when there are no permissible foods, and in this case for example patience will make you eat as much as is needed of the pork to save yourself, unlike those impatient people of desires, who engulfs the pork forgetting their needed limit, and taking a taste from the forbidden. The non-existence of patience will make him appreciate the taste of this forbidden thing which may take him to annihilation from within. One can strengthen his defence, by knowledge of God, and learning the great histories of the Prophets, taking lessons from their holy lives, your heart must be touched and respond with sadness to their lives, so that it is purified, because whenever you are sad and sympathetic to the people who are oppressed, especially those who were and is in the path of God, you will attain a spiritual light in you which will install in you a stronger defence, one of which and the most powerful is patience. Thus, knowledge and in this case the special knowledge i.e. knowledge of God and the lives of pious men, will help you greatly in acquiring greater patience. Knowing about the tyrant’s tyranny and suffering at their hands by the innocent may also help you. Realizing the envy and hatred of the infidels and enemies of Islam against Islam and you being a Muslim, will also inspire you. Thanksgiving and Gratefulness Know this that thanksgiving is done to God, and to people. The two are different in their nature, as thanksgiving to God is to be done on a continual daily basis, such as when one wakes up, when one goes to sleep, when one finishes his prayers, when one acquires a good thing in the world through lawful means, and so on. Thanksgiving to God must be followed by love and awe towards Him and is not a mere formal thanking. Sincerity Ghazzali says, know this that for sincerity there is a reality, a root and a perfection. Its root is intention and the intention which is free from defects and indecision, and the perfection of intention is truthfulness. The meaning of intention is, desiring the face of God, which is to say desiring God’s nearness and love. One doesn’t seek the face of other except in a way of desire which is special, desiring the other in the highest way of desire hoping for his attention. Know this, that your actions, such as prayer, fasting, Jihad, spending etc is nothing at all to God unless it is followed by the intention, an intention directed to please God and attain His love and friendship. The Prophet (PBUH) said that God doesn’t see our looks and physical form, but He looks at our hearts and deeds. Truthfulness has many fronts such as in fulfilling what you have determined to accomplish and in deeds which do not contradict what is in your heart relating such deeds. Trust and Love for God Trusting and loving God is a very first step because at this point you are submitting your ego, your race, your tribe, your nationality, your class and your family under God's system and guidance. Nothing is above or more important than God. Know this trusting in God means along with the act of the heart, the seeking of the means through the acts of the limbs117. Thus seek the means to the end, and not be like a fool who trusts in God and sits in a corner hoping for him to work things out, neither be the fool who believes in pure action and considers belief in God as pointless118. As trust and love for God increase so are the religious realization, experience and vision. Humility Humility is the highest achievement which is attained by the heart and expressed through the limbs. It is the very essence of one of the highest traits of Prophethood. The general humility can be attained by all when he shows gentleness and manners in his talk and action. The higher humility is only attained after prolonged servitude of God by knowledge and wisdom of God and worship, of the law and theology. Resistance The Muslim has the fire of resistance in him or her which rises from their admiration and belief in Imam Hussein. This means hatred against sins, transgression, tyranny, oppression, tyrants, oppressors and any ideologies which challenge Islam. This is part of Jihad. They participate in Jihad by tongue, mind, or finance and if conditions demand, the men by their lives against those who actively and aggressively seek to undermine through injustice, sanctions, propaganda, exploitation and war, Shariah law or Muslims and also oppressed non-Muslims if needed or the environment or the creatures God has 117 Then, when thou hast Taken a decision (to act) put thy trust in God. (Quran 3:159) 118 He manages (all) affairs from the heavens to the earth… (Quran 32:5) created. They resist and reject the hypocrites and enemies against the Islamic Ummah and Islam. They support the mujahideen, the resistance against tyranny by their faith in them, by finance if possible, by their knowledge and skills if possible. They shun nationalism, racism, tribalism, secularism and aristocracy starting in their minds, beliefs and words, and then action when opportunities arise or created. Negative Traits Gluttony It is harmful for health, spirituality, work and study. According to Quran gluttony is transgression in eating and drinking119. The Sins of The Tongue Five ways by which the tongue can commit sins: Lie, backbiting, non-constructive criticism and futile argument, praise and joking. It is considered a lie even if a mother says something to his child such as ‘come and I will give you chocolate’, in the hope of bringing her child to her. Backbiting is saying something about a Muslim which he dislikes hearing even if it was true whether about a defect in him, or his knowledge, or clothing or actions and so on. Parise is a flattery, and it may cause him to lie about the praised person hoping for his good eyes to him or hoping to make him known. It also causes the the one who praises to express false love for the praised, causing the praised to take him in his close circles, yet he can be a potential enemy. It will result in the acquirement of self-pride for the praised making him arrogant, yet he will not know that he is deceived. The greater the praise, and the context, the more harmful can it be for the person doing the praise and the praised. However, if praise is done for the guidance and goodness which exists in the praised, thus other Muslims may know about the guidance and goodness, then it is beneficial and useful praise. The praised must never like having been praised, but must dislike it, as he should believe that his honor and whatever he is praised for is not possessed by him in truth, but rather a blessing of God. 119 O children of Adam, take your adornment at every masjid, and eat and drink, but be not excessive. Indeed, He likes not those who commit excess. (Quran 7:31) These are general rules but there are exceptions when for example lying is allowed such as avoiding war, preserving relationship between husband and wife, or backbiting is allowed such as warning about someone’s evil. The Sunni sage Al-Hasan stated that three people are there who can be talked about and it is not backbiting, ‘A heretic about his heresy, a sinner manifest in his sins and transgressions and an unjust ruler’. Criticism and arguments must have a valid purpose; a purpose which if attained will benefit people and clarify the argued. Extremity in joking causing laughter makes the spiritual side of a Muslim to die gradually. It causes the disappearance of dignity and religious zeal. But simplicity in joking is allowed, and sometimes joking is praised, such as with your wife, or children and relatives, on the condition that sins are not resulted, either by the tongue or other limbs, or any evil thoughts which may result from within the heart. Envy Ghazzali says envy is desiring ceasing from others what is lawful blessings to them or desiring harm to others unjustly. It is not envy, to desire the destruction of evil people or tyrants etc. or their resources which they use in sin, oppression and evil. Misery There have been many models of greed for wealth and one of them today is corporate capitalism. This greed has reached the level where the capitalists or corporatists blame the poor for their poverty rather than spending their wealth to uplift the poor. God curses misers and rejects any system which promotes misery120. Arrogance Arrogance is attributing success solely to oneself and as a result getting a sense of superiority of oneself over others, belittling others’ God given dignity by words or behavior, and/or lastly rejecting God and His religion as inferior or non-sense. The first to show arrogance against God and man was the devil who before that was a pious and humble worshipper. 120 Those who are miserly and enjoin miserliness on other men and hide what God has bestowed upon them of His Bounties. And We have prepared for the disbelievers a disgraceful torment. (Quran 4:37) Astonishment Astonishment is getting dazzled and impressed through magnification of a thing, entity, practice etc. forgetting self-control, even self-concept and identity. Astonishment is the reason why misguided Muslim rulers during colonialism fell for western system of politics and society and still doing so. Quran warns us not to get astonished specially towards our adversaries121. Defeatism Defeatism is abandonment of Jihad. It is meekness, naivety, inferiority complex and gullibility. The result of this defeatist mentality is delusion and self-deception. Various negative features of the Muslim selfconcept and self-awareness develop which create low self-esteem. The defeatist mentality is partly due to irrational belief in fatalism, lack of intellectual activity in defending Islam and it results in the forms of irrational pacifism, obedience to tyranny and tyrants, lacks of unity, cooperation, solidarity, planning and struggle towards Islamic revival. Economy Does Islam provide principles of economy? If by economy it is meant management of resources for production, distribution and consumption by people and organizations then Islam does provide an economic system. Islam provides rules of private ownership, trade and business, rules of wealth collection and distribution and rules of financial activities thus making it also an economic system. Islamic economic system prioritizes welfare over profit, equity over exploitation, ethical supremacy over Marxian and corporate materialism. Does Islam provide a banking system? Islam textually does not say specifically anything about a banking system but on the basis of general rule of permissible business, Islamic banking can be established. Banking is an institution which provides services such as safeguarding people’s wealth, helping them increase it by investment and giving people in need interest free loans, so Islamic banking industry and system is a socially beneficial institution of business. 121 So let not their wealth or their children astonish you. God only intends to punish them through them in worldly life and that their souls should depart [at death] while they are disbelievers. (Quran 9:55) The core of Islamic economic system is it’s taxation model, this is because Islamic economic system is based on welfare, private ownership and accountability. This model is inherent in Islam and not a development of juristic need. Can we say Islam proposes taxes? What is tax? In simple terms tax is collection of wealth from people and businesses. Quran and Hadith clearly obligate collection of wealth from rich and distributing it to the poor so Islam proposes a taxation model of divine origin, because not everyone will be rich due to various factors biological and social, but every rich can make sure the needy and unfortunate ones are taken care of thereby eradicating class conflict which has driven historical materialism. Islamic taxes when it comes to Muslims are a worship and when it comes to non-Muslims are a security for them. Islamic taxes are meant to create welfare, reduce poverty and improve people’s lives by maintaining a quantified flow of wealth between rich and the poor122. Islamic taxes have three main features: source of tax, amount of tax and time of tax. Taxation has two extremes. High taxes and low taxes. Tax can be collected from one source or it may be collected from many sources. Secular systems have many sources of taxation unlike Islam so Islamic taxation system is beneficial to the people, also because Islam taxes things which are lifeline of human societies. Secular high burden of taxation is unsustainable and burdensome on society, individuals and standard of living is stretched to extreme. Islamic taxes are two broad categories: faith based for Muslims and security based for non-Muslims. These are Zakat, Khumus and Jizya. Zakat is obligatory on: camel, cow, goat/sheep, wheat, barley, dates, raisins, gold and silver. These agricultural items and livestock are essential for any societies which consume meat and crops. Islam thus establishes a policy of supporting and promoting agriculture and livestock, so the Islamic society always have the essential diets. Islam also makes gold and silver the primary medium of exchange so that any currency is based on these two. Zakat is also obligatory on any goods which are meant for trade. Then there is Zakat Al-Fitr obligatory on every adult, sane and wealthy people and whom they are caring for. This is paid on dietary items equivalent to 106 liters such as wheat, barley, date or anything by which biological sustenance is achieved. Khumus is taxed on spoils of war, deep water resources, treasure and natural resources, income, halal mixed with haram wealth or resource, and non-Muslim land. 122 …so that it will not be a perpetual distribution among the rich from among you… (Quran 59:7) Jizya is a security tax on non-Muslims whether under Islamic jurisdiction or foreign non-Muslim traders under Islamic jurisdiction. Islamic tax is collected after a certain threshold of wealth is achieved called Nisab, or else tax is not collected. The exception to this rule is Zakat Al-Fitr. The basic model of collecting Islamic tax can be summarized in the following: 1. Calculate taxable wealth (total wealth and Nisab) of the individual. 2. Calculate the universal essential cost of living based on the economy. 3. Calculate the individually tailored essential cost of living if any. 4. Deduct the amount needed for the essential cost of living. 5. Deduct taxable amount from the remaining wealth. 6. Add to Islamic treasury. 7. Distribute to welfare recipients. Islamic tax is not personal, but Quran mentions state appointed collectors of Zakat as was the practice of also the first caliphs of Islam. The recipients of Islamic tax according to Quran and Hadith are: 1. God, His Messenger and Imams of Ahl Bayt: These constitute the Islamic government. The twelfth Imam of Ahl Bayt is in occultation now. 2. Orphans, poor and the travelers of Banu Hasim: This is the tribe of Prophet Muhammad (s). This is also added to the Islamic treasure in their absence or failure to identify their existence accurately. 3. The destitute: This can be the lower and lower middle class. 4. The needy or poor: This can be the homeless, those in poverty etc. 5. The tax collectors: Those who are in the administration of taxation system. 6. In the path of God: All charitable work. Some examples include public services, social welfare and research. 7. People burdened with debt: Those who are unable to pay debt. 8. The wayfarers'/travelers: Those who are stranded on their journeys when the Islamic society is their transit. 9. People in bondage or slavery: In modern world these can include prostitutes, child labors, child soldiers etc. 10. Those who have inclined towards Islam: This is basically for those who are inclined to Islam but have not yet accepted Islam. These can be non-Muslims in the Islamic society or those new Muslims who have financial problems and are weak to fully commit themselves to Islam. Today Muslim countries are knee-deep in capitalist taxation system. We must substitute this with a complete mature Islamic taxation system. To achieve this Muslim countries must be bold enough to start this small then reach big, so for example Islamic taxation should be started in one or two cities and then monitored how financial activities and wealth collection and distribution work, what difficulties they face and what are needed to solve these difficulties. Perhaps we may need new mathematical models, or policies or laws etc. and with time we can apply fully Islamic taxation system and halt the western capitalist model. Islamic economic system, as based on welfare philosophy, when performing financial investment appraisals, financing from sources, financial control and dealing with capital markets foreign or local, obligates human and environmental welfare through Shariah law’s wide-ranging rules on Haram and Halal. This welfare can be its ability to empower human demography, human health, empower the human capital, effect on the job industry, effect on society and morality, effect on human rights and effect on environment for example. Islamic investment should not only consider an achievement on economic benefits but also avoidance of social, human and environmental harm as an obligation and reaping social, human and environmental benefits as charitable. While assessing foreign direct investments Muslims should see how it benefits them whether short term or long term. Will FDI hamper local Islamic market? Will FDI bring in new technology to empower Islamic economy and human capital? Will FDI bring in immoral cultural practices? Will FDI empower Islam’s enemies? Will it harm human rights and environment? So, before an FDI proposal is accepted a Shariah filtered feasibility study should be done. These are part of the self-preservation of the Ummah and to always maintain a critical and strategic level of independence. This is another reason why Islam has emphasized the seeking of knowledge123 124 which in this context is to build a strong human capital. In short Islamic economic system is based on a growth which sustains welfare, human and environment rights over profit, interest free loan scheme, minimum wages based on specialization125 rather than universal minimum wage, immigration based on skills and morality, private ownership with accountability and a skill creating and consuming job industry. Transaction, Trade, Business Trade and business are forms of transaction based on contract which gives full or partial, permanent or temporary ownership and/or establish rights and responsibilities to one or more parties. The contract must be based on Islamic laws. The ownership and/or rights are invalidated by some things such as gift by the owner to another party, selling, arbitration, bankruptcy or death. Islam lays down rules for businesses to follow. These rules are to be followed by all businesses under Islamic jurisdiction. For example, just because a business is owned by non-Muslims it cannot engage in transaction of prohibited goods and services such as alcohol, prostitution or pork selling etc. Islamic business ethics and laws are for the interest and benefit of the society and not only as a spiritual religious obedience to God. Islamic trade and business are based on fulfillment of contracts between parties. Islam has established some models of businesses which are permitted and some which are prohibited. The underlying principles of the prohibited businesses are interest on loan, fraud, corruption, deception and forced usurpation. Some prohibited practices are: Tadlees 123 Are those who know equal to those who do not know? (Quran 39:9) Imam Ali (AS) said, ‘Wisdom is the lost property of the believer, so seek it even from the polytheist for you will be more deserving and worthier of it [than him].’[Amali al-Tusi, p. 625, no. 1290] 124 125 Are those who know equal to those who do not know? (Quran 39:9) A defect that is hidden and can only be accessed/exposed/ascertained by the description of the investor/financier/seller. In such circumstances benefit of the doubt is given to the buyer/recipient/client in case of financing or product or service quality lacking. Gharar A trade or transaction where the product or service being sold/financed/debted/bought is unknown and/or deceptive in quantity or quality. Ghish The seller hides something in the product or service if the buyer knows about it wouldn't have purchased/financed/loan in the first place. Tatfeef Shortcoming in quantity or quality Najash A form of prohibited sale in which a person or group of persons connive with a seller to bid up the price of a commodity offered for sale through an auction (mazad), not meaning to purchase but only to entice an unsuspecting bidder to offer higher prices, and eventually have him stuck with the object of sale. Ihtikar Monopoly is forbidden where one exploits peoples need of a certain product or service. Business under Islamic jurisdiction must remember these rules before they plan to provide goods and services: • That which can be made pure from Najas (filth) is halal (lawful) • That which is essentially Najas (filth) haram (unlawful) • That which is purposed for haram is haram (unlawful) • That which becomes halal (lawful) under exceptions which are: loss of life, limb or great amount of physical suffering • That there is a benefit, and such must be greater than harm • That which is prohibited by text • That which are essentials of life are not taxed or charged but should be publicly given • That which is financially solvent is supposed to provide to that which is financially insolvent • Flexible and fair valuation, buying and selling in economic and financial activities • Market based on equal opportunities for both seller and buyer • Ownership of good or service from seller to buyer through agreed upon price must be based on precise terms and clarified language. No place of vagueness in the wordings of exchange. • The buyer, if acquired ownership of a good or service without Shariahhh compliant contract then such ownership is invalid, and the buyer insured. • Buying and selling must take place between adults who are sane, complete free to choose and intending. • The good or service must be deliverable, quantified, qualified and in possession of seller through transparency of the trade and exchange processes between buyer and seller. Historical, jurisprudential and textual evidence of Islam show gold and silver as the de facto standard of finance. Modern monetary system is based on deception when a bank creates money out of nothing the bank is effectively lying to the client about actual loan of money. As we have stated that this digit number in your bank account is not backed by cash and definitely not gold. Second, it is based on intensive interest-bearing activities which contradicts Islam’s interest on loan. An Islamic financial system will tackle inflation, prevent increasing burden of debt, prevent whimsical unlimited wars and effectively result in a balanced wealth class where the gap between rich and poor is not increasing and neither wealth is only circulating among the rich. There are some mechanisms of wealth creation in Islam and Islamic banking can play vital role. Islamic taxation system further minimizes the wealth gap between the class. Wealth creation in Islam can be summed up as follows: Profit and loss sharing (Mudarabah) A contract between two parties; one provides the capital and the other provides the labor to form a partnership to share the profits by certain agreed proportions. This is the father of modern principalagent stock system. Joint venture (Musharakah) A financial contract between two or many parties to establish a commercial enterprise based on capital and labor. The profit and loss are shared at an agreed proportion according to the amount of contribution. Cost plus (Murabahah) Refers to a sale of a good or property with an agreed profit against a deferred or a lump sum payment. There are two contracts in Murabahah: the first contract is between the client and the bank, whereas the second contract is between the bank and supplier. The client (purchaser) orders a certain commodity through the bank, the bank then buys the commodity from the supplier and sells it to the client with specified profit whereby the client can make a lump sum or a deferred payment to the bank. This is how Islamic mortgage works. Leasing (Ijarah) In which two parties are involved therein: the lessee and leaser. The leaser (bank) is the real owner of the asset or property and it is rented out to the lessee until full payment is received. The lessee has the option to keep the asset at contract maturity or give it back to the bank. If all payments are received, the lessee can keep the asset but at a higher price than the usual asset price. This is also another Islamic mortgage framework. Salam Is another contract where full payment for a good is paid in advance but the delivery of the good is made at an agreed future date. This is suitable at the industrial level. Other legal topics that Islamic transaction addresses are mortgage, bankruptcy, insurance, arbitration, partnership, loan and deposit, lease, power of attorney, gift, charity, mortmain property/charitable endowment, employment and ownership, appropriation and usurpation. Marriage & Divorce We now have a culture of free sex. It was not like this even in the west not long ago. When the magazine Playboy came out it was really controversial and debated but now it is considered tame compared to what else is available online and offline. All boundaries of sex are being broken and marriage has become disgusting and resentful as it has become the belief that it brings all that is troublesome and bad. In this “free for all sex” existence the looks and style are most preferred, and values are ignored and laughed at. The modern society glamorizes female body and see no wrong in taking pleasure from admiring and lusting the tempting body. Love whether emotional or sexual is no more bonded through the sanctity of marriage. It’s open season in human mating. Matrimonial bond which preserves and demands loyalty devotion and fatherhood and motherhood are seen as meek and the old way whereas feminist glamor and celebritism, girlfriends and lack of chastity are seen as worth of a male and female. So today we have a culture of increasing perversion with an increasing carnality including rape. Islam rejects this secular social trend and legislated marriage. A religious, wealth and bond creating marriage in front of people is a union and agreement that creates responsibility, sense of duty and sense of long -term commitment. Islamic marriage activates further legal injunctions for both the couple, their children and relatives which is not found in secular arrangement. Islamic marriage thus creates wide ranging religious, familial, social, economic, financial and legal consequences. Love doesn't grow in a vacuum but needs preparatory groundwork of which marriage is the major psychological force to initiate long term commitment. The best and most intense way a man can feel loved is though obedience and devoted loyalty from his wife. Even though a husband may not need to command his wife all the time but the true thought that his wife is devoutly obedient creates a status of tranquility and bliss in his mind. The best most intense way a woman can feel loved is through his husband’s protective nature. Even though a wife may not need to be protected all the time but the true thought that her husband is protective creates a status of tranquility and bliss in her mind. There are other ways unique to them both and common to them both. This is a result of God’s patriarch construct and these relationship and emotions are achieved through marriage126. 126 And it is among His signs that He has created for you wives from among yourselves, so that you may find tranquility in them, and He has created love and kindness between you. Surely in this there are signs for a people who reflect. (Quran 30:21) Men and women are thus different in their psychology and more precisely in their emotions as well. Collectively these essential differences result is two sets of characteristics for man and woman expressing in varying degree depending on the gender and sex. These two sets of different features are meant to create, maintain and perfect bonding and synergism of gender mating, cooperation and roles, each complementing the other in human and social evolution127. Marriage creates the Islamic family. The Islamic family is the smallest representative organizational unit of God's will. This unit is the most important cog in the wheel to create the future of Islamic ummah, the Islamic human capital. The Islamic family is thus a platform, an organization based on patriarchy, piety, lineage building on God conscience and empowerment of ummah. In a happy and devoted matrimony rules and guidance of which Islam proposes and promotes, the standard of relationship is not by material gratification or material fulfilment but by exchange of continuous intense empathy and feelings. The question is never asked by any as to how much my husband or wife doing, rather they just do it. Unlike in feminism it's all about questions such as, did my husband do his part or how much is he doing, that I should for him. This dead tasteless relationship better not exist! Recipe for fast divorce. The feminists don't understand that the meaning of matrimony is devotion, feelings and spiritual ecstasy as Quran stated. Even though you can hire maid to clean your house, or nanny to look after children or prostitute to fulfill sexual desires having wife achieves them in a totally different meaning of human existence, a relational existence of feelings and not of commodity. The adult Muslim man and woman has right to choose their marriage partner while their guardian only working in an advisory role specially for the woman. There is no place for forced marriage and marriages done primarily for financial reasons, neither elitism nor social class has any weight in Islamic marriage. The most important thing in an Islamic marriage is piety of the couples and their mutual admiration of each other in starting an Islamic family in hardship or ease. The Islamic court will ensure the marriage is taking place with the intention of marriage and prolonged companionship committed on the basis of piety and righteousness. Towards this end the court can inquire and investigate the position and backgrounds of the potential couples and their guardians. Rahman, Mohammad M. “(PDF) Man and Woman: Essential Differences.” ResearchGate, Jan. 2021, www.researchgate.net/publication/348415885_Man_and_Woman_Essential_Differences 127 Can a Muslim woman marry non-Muslim man? The patriarchy is one of the reasons why a Muslim woman is prohibited to marry non-Muslim man. A non-Muslim man’s leadership and dominance will influence the worldview and upbringing of the children and as this is very harmful for the Ummah it has been prohibited. Also, a husband and wife form a family unit and there is often inclination and sympathy. A husband may incline to wife and vice-versa. That is why Quran and Sunnah commands to marry pious and chaste men and women. For Muslim men the chaste practicing Jews and Christians are allowed as wives but not idol worshipping/polytheistic women. Due to a dominant position of men both by their finance, biology and psychology he may persuade the Christian or Jewish wife to adopt Islam due to similarities in the religions and the Prophets. Also, Islam unlike Judaism and Christianity clarifies and exposes the proper and greater contexts of Christian and Jewish Prophets by names and missions which may become a persuading factor for the Jewish and Christian wives. However, Quran rejects polytheism and nothing in polytheism is revealed or Prophetic so there is no fundamental common ground. Due to this fundamental difference a Muslim is prohibited to marry polytheist women. Divorce can lead to instability that can have negative impacts on any children that may be involved and also on the adults involved. That is why divorce is the most hated lawful act in sight of God in Islam unless couples prove that one or both had committed unislamic actions such as mental cruelty, adultery, iniquity or other such unislamic behaviors. In the United States 42% of American marriages end in divorce after 15 years while in Islamic society this figure should be close to less than 1 percent. The American emphasis on feminism, independence and individualism makes divorce and/or cohabiting couple separating more likely than in other nations. In Islam both husband and wife can seek separation through different rules for who initiated the separation. However, as we saw divorce is most hated lawful act to God because it breaks family apart so reconciliation and continuity is highly encouraged. For example we see in Quran 33:28-29 the righteous wife is patient and never burdening his husband beyond his mental, physical and financial abilities but rather live with him in patience, love and sympathy while hoping great reward from God for her perseverance and loyalty to her husband. God is thus guiding the women who may be demanding and thinking selfishly without consideration and understanding. So this verse is prescribing or rather proposing and encouraging a principle of loyalty, devotion and perseverance in love and sympathy. This noble principle was also lived by the great wife of Prophet Ayyub during his severe disease. However, if the wife/wives unable to bear such with the husband then she may seek divorce through the law of khul. This verse also indicates that the husband be generous and helping in providing for the wife/wives who wish to leave him due to their perceived lacking in him. So, the verse encourages the husband to be generous in providing for his departing wife/wives instead of making use of the khul. When both husband and wife agree to separate then it is called Mubara. Divorce, Khul or Mubara can be initiated due to intense hatred of one spouse of the other, but some other issues which can cause separation are mental illness, infertility, physical medical defects etc. Quran also prescribed a period for realization of the divorce. So, the wives’ waiting period is to give her time to prepare emotionally, financially and biologically. Quran has given this period of divorce also because there is a hope that the divorce will not take place. This means divorce given three times once does not realize. For the Shias, for divorce to take place two just witnesses should be present contrary to the Sunnis. Also, divorce does not take place under duress or in a state of anger. The father's responsibility towards the children continues however until the children become matured and able or until the divorced woman marries a new man and/or gets custody of children as per dictates of Shariah law. Inheritance The proper realization of Islamic inheritance is essential for familial and social stability. Islamic governance with Islamic jurisdiction must ensure efficient, effective laws, protocols and administrations to oversee the implementation and distribution of Islamic inheritance. The inheritance law of Islam is not faith based and thus non-Muslims are also obliged to follow the laws of inheritance under Islamic jurisdiction. This equitable distribution of wealth is needed for everyone. Islam obligates inheritance for both man and woman. A person cannot just leave his or her wealth as they want and desire because there are people who are entitled and rightful to his/her wealth. Islamic wisdom behind inheritance is preservation of lineage and family, and equitable distribution of wealth among humans. So, Islam implements a model of wealth distribution through inheritance and that people are not free to do what they wish with their wealth. Wasiyya is a more general than inheritance. Both are obligatory. Bequest or will is given to relatives who are not entitled to inheritance. Inheritance is fixed and measured depending on relationship to the deceased. The “will” however cannot distribute more than one third of the deceased’s wealth unless the rightful inheritors allow such. A will can be formed by the deceased based on Islamic laws and protocols. The wisdom behind this bequest is to care for the unfortunate ones who do not inherit the dead. Often, we may leave behind relatives and family members who will not inherit us in any portion, so God has given them an opportunity and a right to the deceased to leave something for them in the will. The various details, contexts and issues are discussed in Islamic law books both Shia and Sunni. The Islamic laws of inheritance aim to keep families and relationships intact and cohesive, keep them stable and sustained to continue as a lineage and as a society. The general principle is male gets twice than female except in cases Quran 128 and Sunnah prescribed. There are three levels of inheritance. The first level is the father of the deceased and his mother and his children and the children of his children in the state of lacking the existence of (his own) children, although they descend (the family tree, of course the closest, then, the next closest to the deceased). As long as there is one from the first level, there is no inheritance from the second level. The second level is the grandfather of the deceased and his grandmother, although they ascend (the family tree-be they from the side of the father or the side of the mother). Also, the brothers and sisters and their children with the lack of their existence (meaning, the existence of brothers and sisters) and the children of their children, although they descend (the family tree-the closest to the deceased, then, the next closest). There is not inheritance from the third level as long as there is one person from the second level. The third level is the paternal uncle and the paternal aunt and the maternal uncle and the maternal aunt, although they ascend (the family tree) and their children, although they descend (the family tree-the closest inherits from the deceased, then, the next closest). As long as there is someone from the paternal uncles and aunts and the maternal uncles and aunts alive, their children do not inherit. As long as one of their children is alive, the children of their children do not inherit. There is one exception and it is when the deceased has a uncle from the side of the father and a cousin from the side of the father and mother. The father's uncle does not inherit. The property is for the cousin from the side of the mother and father. When the paternal uncle of the deceased does not exist, nor his maternal aunt nor his maternal uncle nor maternal aunt, nor their children, the cycle will arrive at the paternal uncle of the father of the deceased and his paternal aunt and his maternal uncle and his maternal aunt. When also these do not exist, their children inherit. When their children also do not exist, the paternal uncle of (the deceased's) grandfather and his grandmother and the maternal uncles and aunts. When these do not exist, their children inherit. When a permanent wife dies and she does not leave any children, her husband inherits half of the property and the others inherit the remaining (half). When she has children from that “Inheritance.” Al-Islam.org, 28 June 2016, www.al-islam.org/alphabetical-index-holy-quran/inheritance. Accessed 18 Apr. 2021. 128 husband or from another husband, the husband inherits a quarter of the property and the remainder is for the remaining heirs. When the husband dies and he does not leave any children, his permanent wife will inherit a quarter of the property and the remainder is for the remaining heirs. When he has children from this wife or from another wife, his wife will inherit an eighth of the property and the remainder is for the remaining heirs. The wife inherits from all of the transferable property of her husband, she does not inherit from land or its value, whether it be a house or a garden or agricultural land or whatever is similar to that. Likewise, she does not inherit from real estate itself, like a building or trees. It is obligatory to appraise the real estate or trees, then, give her from its value. The Muslim can inherit from the non-Muslim but the non-Muslim does not inherit from the Muslim, although he is the father of the deceased or his son. This is due to priority of financially and socially preserving the Muslim family and relationship. When someone intentionally kills his relative wrongfully, he does not inherit from them. However, when his heir killed him mistakenly (like he throws a rock in the air and it strikes a relative by chance and kills him), he does not inherit, in this situation from the blood money (Diyah) of his killing (according to precaution). When from the deceased there was a child in his mother and there are others from his level, like children, the father, the mother, it is obligatory to divide the inheritance setting aside a share of two children for the infant who is in his mother. Then, if (the infant) is born alive, he inherits. If it was a son or daughter, they are given their share and the remaining inheritance is divided among the heirs. When there was no one other than (the child) in his level, then, if the child is born alive, all of the property is for him, otherwise, it is divided among the heirs. Inheritance is divided after debt is paid. Details of further laws are in the Islamic law books. Court and Adjudication It is in fact the most important duty of the Islamic ruler to appoint judges throughout the land which has Islamic jurisdiction. God is just as stated in many Islamic texts and He loves justice, so delaying the preparation of the “means” towards justice is prohibited in Islamic law. It is a collective obligation on the Muslims to equip a competent judiciary and then appoint it on the land to dispense justice among the people. The ruler of Islamic state actually has the power to enforce appointment of judges to achieve the same end. However, any person with the ability of being a judge should not seek office as it may cause infringement of a just appointment and the process of appointment. In exceptional circumstances it is allowed that a person of calibre seeks the position of judge. The jurisdiction of the judge expands on certain issues when such judge is under one ruler and one land, until and unless there are pre-established rules as to the jurisdiction of the judges for public interest. Generally, the jurisdiction extends to the following: • Adjudicating between the conflicting parties by reconciliation or enforced judgement. • Holding the wrong doer responsible and aiding the wronged. This will include free dispensation of justice towards the rights of the parties. • Establishing the Hudood laws (capital norms) • Considering the injury sustained among parties to the conflict. • Considering the proper handling of the legally orphans' wealth and the insane even preferring its adjudication before the discharge of wills. • Discharging and adjudicating on issues and matters of public interest such as human rights, animal welfare, environment, poverty, education, morals, fighting corruption, dishonesty, cruelty and exploitation to name a few essentials. This principle is an extension from the classical adjudicating of the water resource (ihbas) which was common for the public. • Discharging wills and testament • Discharging marriage contract if the guardian of the woman is unjust and is an impediment to the marriage life of his daughter or anyone who he is a legal guardian to. Ceremony and religious laws can themselves establish a valid marriage, but registration papers need to be prepared for future legal adjudication such as inheritance, divorce if need be, child custody etc. • Overseeing moral standards and ethics of the society. If a judge comes to know about a relevant issue by his self through his own initiative outside the context of adjudication while in the court should such be considered valid and acceptable in the adjudication? The burden either falls on the disputant to provide relevant evidence and information for the case or the judge can take burden on himself to investigate apart from the former inclusion. If judge is only allowed to accept the relevant evidence and information from the conflicting parties then the sources of such are the following: Confession, Witness, Oath (whether one abstains from taking Oath in the court or not, but if one abstains the judge should inquire to the reason of such and take necessary measures to protect him and his oath). If a judge is right in his ruling, then it cannot be repealed. However if he is mistaken in his or her judgment then the following holds: his judgement contradicts the literal and undisputed meaning of Quran, Sunnah and Ijma then it is repealed, or his judgement lacked consideration of some facts or evidences then also it is repealed, or his judgment was hasty, quick, irresponsibly discharged or he was in a state which could show doubt in his judgmental capacity then in such a case also the ruling is repealed, but if his judgment was done on evidences, sound mind and due process of the judicial system then it holds. It is thus clear to say that a sufficient amount of time needs to be given between the execution of the punishment and the actual judgment. An Islamic judge must be Muslim, sane, legally mature, male, able to hear good, able to see good and able to speak in an intelligent manner, unbiased to any party whether political or not, knowledgeable about the rulings of previous Islamic judges at least the core issues, able to understand the legal jargon of Quran and Hadith and Islamic law in Arabic and deduce rulings from such, has a speciality in a Mazhab by which he passes judgement and ruling in his jurisdiction and should be free from any criminal records whether suspected of Hudud by the process of law or been convicted. The judge must also be aware of the speeches that is put forth in front of him and understand it in an analytical and logical manner so that he is not moved by the emotions or custom of haphazard argument and counter argument. The access to the judge must be made as easy as possible by the government. All class of people from all background and denominations must be allowed access to the judge and their pleading and grievances heard. The judge must allow equal opportunity to both parties to present their cases without consideration of their background or attachments. The judge must not be allowed to sit in the court of law while he is in a state which hampers or may hamper reasoning, clear vision and consistent approach to the parties, such as judge being in some psychological stress or physical pain or in a medical condition etc. While the case is presented to the judge the judge should listen to people of knowledge relevant to the case at hand, and such people may contribute or contributes to the case such as doctors, engineers, scientists, police, professors etc. A judge must not oversee a case where any of the parties are close relatives of the judge, nor a case where any of the parties are an enemy of the judge. It is acceptable that any person acting in contempt of the court be reprimanded by the judge. The administration of the judicial proceedings must be equipped to handle up to date documentation of the proceedings in minute details. It is incumbent upon the judge to release any person jailed without right or a verdict, so any person accused of any crime or wrong doing should not be put in jail but however if such a person is suspected of such with sufficient evidence from the police or law enforcement agencies then his or her movement should be restricted and freedom curtailed as a means to safeguard possible escape of a suspect. It is recommended that the judge inquire about the credibility of the witness and evidence by his own initiative, clarify it while in proceedings. The issue of ruling in absentia is allowed in Islam to many jurists. The judge must inform the absent party to bring his self in the court or he can force his presence. If the party is absent outside the jurisdiction of the judge the judge can make liaison and take necessary steps to bring the absentee in court. It is also allowed that the judge can transfer the case to the jurisdiction where the absentee is hiding or staying. The absentee however can also charge one to stand trial on his behalf. If, however after effort the absentee has not come to the court then the judge can rule in favour of the present. However, this is not unrestricted, as certain issues the judge can inquire as to the favour of the absentee, so in matters which the judge can bring evidences and witness for the absentee he is to do so. The plaintiff is one whose claim contradicts the presumption of continuity whereas the defence is one whose claim stands on presumption of continuity. Witness In Islamic law witnesses are either four, two or one in varying combinations of male and/or female. One male witness equals two female witnesses but in feminine cases where females are more privileged to the knowledge of, then only women witnesses are accepted. This is also an indication of segregated construct. This varying numbers depend on the domain of legal issue and the standard of proof required. Four witnesses demand that a very high level of credibility is established while one meaning a lesser standard of credibility. A witness must be just, adult and sane. Another condition is that he or she must be a Muslim if the case is Muslim vs Muslim, or else other than that if the issue is not limited to only Muslim but also transgresses to non-Muslims then only the conditions of justness, sanity and adulthood remains. General justness is repealed by immoral acts. Immoral acts are two types: faith based immoral acts and non-faith based. Faith based immoral acts are only for Muslims such as someone who does not pray, or does not fast etc., whereas, non-faith based immoral acts are drinking alcohol, smoking tobacco, committing adultery, ill tempered, attitude problem etc. Also, all those witnesses even if they are just, sane and adult are rejected where relationship or vested interest will deter truth. Such as an enemy cannot be a witness against an enemy, or a son for a father or father for a son etc. Further details of evidence and witness are discussed in Islamic law books. The numbers of witnesses are either four male witness in adultery by Ijma (consensus), or two male witness in everything except adultery, or one male witness and two female witnesses in matters of property, marriage, injury, murder and whatever relates to these. Matters of bodily rights are excluded such as injury bones, organs etc.Two female witnesses in matters which are exclusively of feminine nature such as childbirth, virginity, etc. One male witness with oath only in matters of wealth and two female witnesses with oath also in matters of wealth. The issue of self-denial: This happens when the witness revokes his witness. These can be the following scenarios: a) Revokes before judgement is passed: Judgement is halted and no compensation is on the witness b) Revokes after judgement is passed: Judgement is not repealed (majority jurists view) and the witness should compensate for what he or she has caused of injury or loss by their witness. If the witness was in murder case, then blood money is sought as compensation whether the murder was intentional or by mistake (Abu Hanifah's view). If the witness was in matter of divorce, then the compensation is half of dowry if before consummation of marriage and none if after consummation. If new evidence rises after judgement that the witness was invalid, then in this case compensation is not sought. Crime and Punishment Understand that Islamic law, legal system and governance are based on Quran and Sunnah. They provide the theoretical and functional details. However, implementation details and it's efficacy will depend on the human capital serving Islam and the type of country the Islamic government inherits or attains the authority of. Islam will work as much as people serving it make it work. Ignorant people will make Islam work lesser than intelligent pious people. In comparison ignorant people will make Islam fail and make it impotent. Islam will change the upbringing of people and their cultural existence towards a divinely just, humane and ethical one. Islamic laws are designed by God in response to human psychology, and by design its activity in society will achieve these changes. Islam aims to change the people in general by changing their upbringing and cultural existence. This change will be collaborative and productive for other changes that Islam will make in political, economic and social levels. With these changes for example some of the harsh Islamic laws will act as great deterrence to crimes. The model of legal system will not be to send sane adult criminals to rehabilitation but to the gallows that is punishment. We don't change the mindset of criminals once they commit crimes, but we change it in their upbringing and cultural existence because performance of crimes beget justice not mercy. The Islamic law of crime and punishment is part of the social control which refers to ways in which the Islamic society tries to prevent and sanction behaviors that violates established norms. Islamic society achieves social control and social norms through the governance of political Islam and Shariah law of which law of crime and punishment is a part. In many developed “rule of law” based western countries violent crimes, apathy, xenophobia, racism, exploitative foreign policies, economic injustice, falling population etc. are on the rise with also harmful lifestyle, sexual perversions, disdain for marriage, monogamy or polygamy, free sex trends, normalization of extreme violence (gore) etc. are widespread. Islamic criminal laws and punishments are meant as deterrence and these are publicized to impart a deep psychological impact which is a requirement for deterrence. Islamic laws of crime and punishment may be called Hodood which is collection of retributive rules for wrongdoings. The major crimes are adultery, homosexuality and lesbianism, slandering chaste woman, drinking of alcohol, apostasy, hiraba, murder, injury, bestiality, theft, necrophilia and trespassing. The discussion is brief here and the punishment of first instance of a crime is given. Consecutive performance, issues of evidence and rules of adjudication are detailed in Islamic law books of Shia and Sunni. If any adult sane person Muslim male, deliberately commits sexual intercourse with a woman who is Muslim and who is not lawful then the punishment of such a person under Islamic jurisdiction is 100 lashes and then followed by stoning to death only if the person was married. If the person was unmarried then 100 lashes and then followed by jail for a year. If the criminal committed the crime of adultery with any blood relatives who is forbidden to marry or if a non-Muslim with a Muslim woman or if the criminal has forced a woman into adultery and/or prostitution then the punishment is death. If a non-Muslim commits adultery with a non-Muslim, then they too may be judged by Islamic law or if they have been given permission by the Islamic jurisdiction to judge by their religious laws then such will be used. The pregnant won’t be punished until delivery of the child and the sick until cured from sickness. The punishment for homosexuality from a sane adult Muslim is one of death, stoning, burning by fire or throwing from great height. If the act was between non-Muslim and non-Muslim, then the punishment is what has been allowed by Islamic government that is either allow them to judge by their religious laws or enforce Islamic criminal law. The punishment of lesbianism is lashing. The punishment for slandering a chaste woman is lashing. Slandering or abusing the Prophet or claiming Prophethood or insulting any of the twelve Imams then punishment is death. The punishment for drinking alcohol is lashing. The punishment for theft is cutting of the fingers. Theft in accounting books and/or through corporate shrewd policies is also theft. Hiraba can be described as armed rebellion against the Islamic rule and/or those who create great chaos, corruption or mischief on earth. Such a mischief or chaos must bring grievous suffering or harm to the society. Hiraba can be categorized as armed apostasy as well. Hiraba is a matter of state security and so everyone even non-Muslim are judged by the laws of Hiarba. Hiraba implements laws against collective armed rebellion or wanton death and destruction through riots and rebellions against peace and against Islamic rule. This has many forms: armed insurrection against the Islamic jurisdiction, the government, armed rebellion and robbery, and organized crimes. This is basically a collective model of criminal activities against Islamic state and the people. Mafia or drug cartels for example may not always go on rebelling through arms but they create fasad (great corruption) on earth by drug trade and activities, enemy of collective peace and welfare. The levels of punishments in this verse vary on the basis of the severity of criminal activities and criminals. Limiting this law only to the classical model of highway robbery will be foolish in this day and age as this classical description is not limited by Prophet or the Ahl Bay or even if they did, it does not only end the scope in that delimitation as it will defeat the scope and purpose of the verse and secondly modern models of planned and organized crimes did not exist then. All these punishments must be publicized when carried out. Crucifixion is a form of justified torture but for the gravest of crimes. One who performs necrophilia will face same punishment as adultery with the living except if the dead was husband or wife then disciplinary punishment (Tazeer) is implemented. Murder can be done intentionally, close to intentionally and mistakenly. The first is when one intends to kill by an intentional action. The second is when one does not intend to kill but intends an action. The third one is when does not intend to kill neither intend to act. Example of first is a man intends to hit someone on the head to kill him. The second is a father disciplines his child by slapping but kills him in the process while the third is a person is buying a gun and while looking at it suddenly fires and kills a nearby person. In the first case the victim’s closest relative or one assigned by the victim can seek death penalty, financial compensation or forgiveness while in the latter two only financial compensation or forgiveness is allowed. These are the rules for an adult sane murderer. Then there are injuries such as injury to body, organ, limb or property. The punishment is in the form of financial compensation called Diya. Diya compensation rates have historically varied based on the gender and religion of the victim. This differentiation of legal rights is similar to differentiation of legal rights, rules and administrative policies based on “local national” and foreigner in the secular countries, however the merits of such need another discussion. While secular laws consider nationality, Islam considers religion. While secular laws consider attachment to the land, Islam considers attachment to God. Islamic International Law Islamic law has proposed laws of war, asylum and international relations before western international law. Islamic humanitarian law which is the law of war has established the concept of proportionality, protection of civilians, their properties, treatment of prisoners and conditions to start and end war among other things. Islamic law also established the principle of protecting the oppressed and giving them sanctuary who are called refugees today. Islamic law has also established the principle of international relation. Islamic law makes it abundantly clear that all fighting on the battlefield must be directed solely against people taking up arms, which are called combatants129. Islamic law prohibits weapons of mass destruction which kills indiscriminately130. Islamic law prohibits indiscriminate killings and destruction of properties and mutilation of the dead. Islamic law protects the prisoners of war131 and gives safe passage to diplomats, messengers and defectors132. 129 Fight in the way of God those who fight against you but do not transgress. Indeed, God does not like transgressors. (Quran 2:190) 130 Ibid 131 …Later ˹free them either as˺ an act of grace or by ransom until the war comes to an end…(Quran 47:4) And if anyone from the polytheists asks for your protection ˹O Prophet˺, grant it to them so they may hear the Word of God, then escort them to a place of safety, for they are a people who have no knowledge. (Quran 9:6) 132 Quran has established the principle of asylum seeking133 before international law. Quran has allowed migration from persecution and also sins. So, Quran’s migration policy is based on both persecution of life and livelihood and persecution of religion by which a person fails to live righteously. Islam supports defensive and humanitarian wars134. The law of proportionality135 is applied in both war and other laws of Islam and it means punishment of a certain wrongdoing should be in proportion to the severity of the wrongdoing itself. In context of war this prohibits indiscriminate destruction of properties and killing of women, children, old people, religious priests and other non-combatants as Prophet and the first caliphs practiced. Islam believes in peaceful coexistence among nations136 where knowledge, technology and trade will be for mutual benefits and thus rejects exploitation, colonialism and occupation. Islam believes uplifting humanity on equity and rejects any tyranny anywhere in the world. Islamic international relation is thus based on equity and resistance against tyranny. Political Activism This is part of the policy of commanding good and prohibiting evil. As long as tyranny exists, and Islam is fought against there will be Jihad for Islam. Political Islam provides the ideological front to lead and guide Muslims and their future through God and against evil. It is the shepherd for the flock in this world full of hyenas. Political Islam creates the Islamic state on the basis of an Islamic constitution 137. Power refers to the ability to have one’s will carried out despite the resistance of others. In Islam ultimate power is for God and not the people. Politics refers to the distribution and exercise of power …They will say, "We were oppressed in the land." The angels will say, "Was not the earth of God spacious [enough] for you to emigrate therein?"…(Quran 4:97) 133 134 And what is [the matter] with you that you fight not in the cause of God and [for] the oppressed among men, women, and children who say, "Our Lord, take us out of this city of oppressive people and appoint for us from Yourself a protector and appoint for us from Yourself a helper"? (Quran 4:75) 135 …So whoever has assaulted you, then assault him in the same way that he has assaulted you…(Quran 2:194) 136 O mankind, indeed, We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous1 of you. Indeed, Allah is Knowing and Aware. (Quran 49:13) Rahman, Mohammad M. “The Islamic Constitution.” ResearchGate, 2020, www.researchgate.net/publication/347810692_The_Islamic_Constitution Accessed 2021. 137 within a society. It is not the practice of politicians however which consist of lies, deception, false promises etc. Polity refers to the political institution through which power is distributed and exercised. Government means the person, group of persons or institutions which direct the political affairs of a state, society, group etc. but it can also mean the type of rule (political system) by which a state is run. In this sense any organization social or otherwise is also a governance with a certain amount of politics in it and that means, family, schools, businesses, the state, or nation etc. Historically power has been legitimized by force, by society's support (popular vote or revolutionary charisma), by inheritance or by religion (rule of religion). The Prophetic rule of Medina which established the first Islamic state was a result of religio-political revolution made possible by the charisma of Prophet and his Divine message. This same theme we also see during the 1979 Islamic revolution of Iran through the charisma of Islamic cleric and philosopher Imam Khomeini. Political Islam consists of the aspects of Islam dealing with Islamic activism (Jihad by tongue, pen and finance), Islamic governance, Islamic law and Islamic wealth management. Political Islam is the tool to realize Islamic self-determination in Muslim countries all of which have been under colonialism or is a result of colonialism138. Political Islamic rule is established by theocratic meritocracy and not by the ignorant democracy. This is established from the model of Prophet Abraham in Quran who was both a religious and political leader, a meritocratic theocrat 139. So, Islam believes in piety and meritocracy and in case of deadlock priority is achieved either by piety or merit or both. The voters of theocrats must also be upright and meritorious. Merit and piety are obligating factors of political and religious obedience as also Prophet and the Imams are of the highest piety and merit. Prophet was the first political activist140 and as Quran and Prophet shows political and legal philosophy of Islam is not centered around nationalism or racism, rather it is centered around the concept of Ummah: The community of the faithful. This transcends culture, race and ethnicity. A powerful uniting factor which the enemies fear. In this multi cultured, multi-racial and multiethnic political and legal existence the rule of just law reigns where tribes are not preferred, races are not preferred, or even Rahman, Mohammad M. “(PDF) Political Islam: Theory and Function.” ResearchGate, 2021, www.researchgate.net/publication/349279291_Political_Islam_Theory_and_Function Accessed 2021. 138 139 And [mention, O Muḥammad], when Abraham was tried by his Lord with words [i.e., commands] and he fulfilled them. [God] said, "Indeed, I will make you a leader for the people." [Abraham] said, "And of my descendants?" [God] said, "My covenant does not include the wrongdoers." (Quran 2:124) Rahman, Mohammad M. “The Religio-Political Mission of Prophet Muhammad (PBUH).” ResearchGate, 2020, www.researchgate.net/publication/347907244_The_Religio-Political_Mission_of_Prophet_Muhammad_PBUH Accessed 2021. 140 family attachments are not preferred. This political entity is based on meritocracy and piety. Piety and merits are the two standards by which offices are determined. The Islamic society will not see race, ethnicity, tribe or nationality to determine political and public offices, rather only piety and merit. So a foreigner can also be eligible if he meets the two conditions. However, such a foreigner needs to be naturalized. What I mean by naturalization is prolonged living in the Islamic society, so he has come to know the culture, society and the system and people also come to know him. So, some kind of proof needs to be established for his piety and merit. A Muslim's primary that is existential identity is by his religion, not by his race or ethnicity or tribe and neither by the culture resulted from such. When Muslim makes the latter primary, it creates division and divisiveness in the mind which is an erosion and disuniting factor of the Ummah. The Muslim needs to return to the verse 59:10 which shows believers are one community with a conscience of solidarity and empathy among themselves. This unity and monolithic empathy on faith rejects nationalism, racism, tribalism and aristocracy. This rejects veneration of pagan ancestors be they Cyrus, Carthage, Pharaohs or any others. The veneration and admiration of Islamic ancestors is because of their faith and devotion to God and because they helped the evolution of Islamic lineage and Islam i.e. God’s rightful dominion and rule. These people are the true citizens of heaven while those who die for nationalism, racism etc. are the citizens of a jahiliyya. Political Islam is necessarily related to the concept of the Ummah. We Muslims are defined by the Divine values and not by our races, ethnicities, nationalities or ancestors so we have been named the Ummah, and our united lands to be under Hukm of God and thus we have been named Khaleefa. The divine morality is collection of the values which God has cherished for humanity and His believing servants. Our shared values among all Muslim races, nationalities, classes and tribes is the divine morality. This is what define us and has defined us as Quran and Prophet have stated in many verses, the farewell pilgrimage and in many numerous Hadiths. Verses and Hadiths which talk of one community of believers, one body of the believer, disregard for skin color and wealth distinction, Muslim marriages among different races, tribes, nationalities and classes are all based on and proofs of oneness of our values and faith. These values and faith are what is divine morality: God assigned good and bad, right and wrong i.e. the criterion of judgement and salvation. A Muslim of one race/nationality/tribe/class must not fear the culture of Muslim of another race/nationality/tribe/class due to differences among their cultural perception and practices as long as such practices and perceptions are Shariah compliant. We must not be afraid of our foreigner Muslim brethren just because their Shariah compliant culture is different from us. This fear is being secular and xenophobic, racist. So in order to usher the era of divine morality among Muslims we need to have one universal common jurisdiction to practice and enforce Shariah law even though this jurisdiction is divided among multiple Muslim demography, localities and rule. When we have established a universal jurisdiction among Muslim geographies, we can forget the preferences of locality, nationalism, tribalism, aristocracy and racism. We will have a universal domain for the pious and merited to rule over us and have no fear and lack of trust of the foreigner vis-à-vis local. This is the true spirit of Quran 3:103. As being the just Ummah (ummatan wasatan) in Quran 2:143 we are also not isolationists and exclusionists of non-Muslims. We are the representatives (Khaleefa) of God and not representatives of our races, nationalities, tribes or classes and this means we must be just and fair towards all servants of God whether humans, animals and even the nature we exist in. Islam rejects democracy. Mob rule is irrational and depends on quantity rather than quality. Efficacy of secular models of political systems is not guaranteed by diversified field expertise of individuals. That is why you will see modern democratic and election systems are broken and impotent: Voters are unqualified, gullible, sentimental, ignorant, political parties are paid by the corporatocracy, electoral doesn't mean majority will, citizens submit themselves to few elite people who are themselves chosen by their inter party dirty politics, the party system which is divisive at the religious, national and social levels and most importantly democracy is baseless of morality and divine guidance. Democracy lacks any purpose except to divide people, win votes and empower capitalist-politician marriage. God thus rejects this mob rule which is rooted in number and not faith and merit. Essential feature of Islamic political system • Right to life • Right to justice • Right to sustenance and livelihood • Right to knowledge • Right to welfare and charity • Right to marriage and family • Right to self-defense against injustice • Right to property • Freedom from liability • Right to religious freedom Islamic Upbringing Islamic education is achieved through many channels. The family and the systematic education are the two most important models of creating a healthy and godly society. The success of a nation spiritually morally and materially depends on how good and effective these two models are. Another important area of education is the society and public place which reveals the social activities and interactions through various means human or otherwise. When children and adult go out in the public places what they should see, what they should listen and what they should experience all form part of the education. In today's world digital world is another space of education and in fact it has become influential. It is extremely instrumental in creating the individual member of the society. The commitment to free or low-cost, high-quality early childhood education must be the philosophy of the Islamic society. The Islamic society's policies must reflect its recognition of the importance of child’s spiritual, moral, cognitive and gender based emotional development during the first few years of life, as well as its recognition to take special steps to help children of families living in poverty. Islamic education has a philosophy which is beneficial and productive for the very soul of the Muslim human and his overall society. The modern Islamic education, like the times of Islamic golden age, will be a morality based analytical education to build a strong and moral human capital to serve the Islamic society. The contents of Islamic education should include creed, spirituality, morality and cultural heritage of Islamic ummah throughout history as well as exposure to natural and social sciences, logic, mathematical and computational sciences and humanities designed for various levels of education until specialization choice. In the setting of schooling and university knowledge can be taught in the following ways: illustration through diagrams, movies, animations etc., experience through site visit, museum, archeology, and awareness and learning through case studies, archives, records and reports. Before initiating such knowledge imparting the Islamic education must decide if such knowledge is allowed or prohibited. The purpose and it’s significance should be looked into and the relevance age and gender category it needs to be taught or withheld from. The purpose of Islamic education is to make your ego (kibriya nafs) submit to a higher power while secular education only makes you believe in yourself your ego restrained to no one but yourself. When you are your God you do what you want and the consequences you fear are as much as you fear loss of your material possession. Atheism that's why, have created greatest criminals of human history. These criminals when they reached the level of absolute power fearing no consequences, they unleashed their ego. The power and purpose of Islam is to change our base humanity to that of the godly one. Islam reveals to us our true purpose and journey of this life. Through learning and following Islam both in heart and body as individuals we change ourselves and the society overall. Islam not only changes our individual but also our social and over all human existence. Without this the Islamic identity, culture and values will be lost, and Muslims will be just there for the census only. Islamic education will also benefit the non-Muslims as they become aware of Islamic heritage and history and the religion itself, they will abandon Islamophobia or even minimize it. Islamic education will safeguard them from propaganda of Islamophobic media of the west and the east. As protection of mind is one of the six fundamental aims of Islam; thus, education and knowledge seeking must bring about the fulfillment of intellectual, social and moral personality as well. Also, an aim of Islamised/Islamic education is to embed into hearts of its subjects the need to serve justice, morality and equity, protect Islamic political and legal system and to empower the Islamic Ummah and to shun racism, tribalism, aristocracy and xenophobia. One of the essential aims of Islamic education is to teach the doctrine of Islamic family and Islamic social construct which is rooted in patriarchy. While feminist propaganda and education are creating and evolving a destructive society Islamic family education must create and evolve a constructive society by clarifying the importance of matrimony and positions of both husband and wife in relation to each other as an equitable hierarchy. Gender Based Education All females have right to education on religion and religion guided sciences and math. If there is quota in any institution the males will be preferred. If there is a quota in a specific job industry then males will be preferred unless such specialized jobs are more suited for women such as women specific doctors, nurses and primary school teachers etc. Education must branch out based on gender, after a certain age. After a certain age girl will be required to study specific subjects suited to her biology and psychology while males to their biology and psychology. Some subjects will overlap while some will be gender specific. As women need to be mothers and responsible wives their tertiary education and jobs can be delayed until a certain age as children become adult and responsible. Old age should not be an impeding factor for female studies and profession. Rather it will be more suitable sexually and socially. Segregated Education System The Islamic society must segregate education system. Segregation is abolishment of free mixing. Free mixing is verbal and/or physical interaction between the opposite sexes based on any or all of repetitive acquaintance, prolonged togetherness and crowded togetherness. Students must focus on study rather than opposite sex and this is mostly true for boys who get easily distracted towards the other sex through fantasy and lust. In western countries they have accepted free sex as part of their lives and scoring girls is seen as an achievement among high school students. Islamic society rejects this as destructive to moral norms of a healthy family and society. Segregated school also prevent rivalry and violence centered around dating, girls and male assertiveness rooted in essential human male psychology. Psychology of free mixing is different from segregated model. There are issues that realizes in free mixing set up. For example, in adult free mixing set up human mating strategies are triggered. Free sex society has no problem with this as is evidenced. These strategies are a set of behaviors used by individuals in that setting to select, attract, and retain mates what modern society calls dates and act of dating. The human desire for emotional companionship is one of the strongest human drives which is only amplified in a free mixing set up. In this set up to bond or express sexual interest, people flirt. To initiate flirting they first prepare impression or image. This is achieved by nice and tempting looking dresses, certain types of behaviors and attitudes, enhancing makeups and looks. This can have wider familial and personal implications such as financial loss, distractions from studies and spirituality. Flirting between married strangers can even weaken marital bonds. The person flirting sends out signals of sexual availability to another and hopes to see the interest returned to encourage continued flirting. Flirting can involve non-verbal signs, such as an exchange of glances, hand-touching, hair-touching, or verbal signs, such as chatting up, flattering comments, and exchange of telephone numbers to enable further contact. These can contribute to members of society becoming less devoted to matrimonial relationships as it enhances their sexual freedom and destroy their conservatism and longterm commitment to marriage. The spiritual gift of sakeena as Quran mentions is lost, buried in our psychology. The Islamic Society In a society there will always be a domineering culture, system and conscience. No such thing as absolute multiculturalism where every culture gets an equal share of existence and authority. An existence of a domineering system does not mean discrimination or persecution of minority. If the minority as a member of the parliament has to read Islamic law and jurisprudence relating to business, economy or crimes for example then it is not violating his or her rights or is not discriminating them in any way. To pass laws and understand the legal system of a nation, which is Islamic in this case, one must adhere to its literature and resources. If a minority including the majority for example has to stop smoking/drinking in public areas as part of Adab (moral law) then this is not violating anyone’s rights or discriminating anyone. However Islamic rule will allow minority to live by their religious laws and customs in a limited way and even have a separate legal system based on this imitation. This is unprecedented in west or east but only Islam allows such a hybrid system. That is why historically nonMuslims had more rights under Islamic rule than under western Christianity or colonial period. However today multiculturism is a deceptive word to only mean western liberalism which in reality demands integration of non-whites to mostly white culture yet only giving their races and ethnicities a sense of acceptance. Fascism is however worse and does not even tolerate non-white races and ethnicities. The soul inclines to evil or either suppresses it or eradicates it. These acts of the soul depend on how powerful, strong and widespread is evil. Islamic society thus makes it easier for the soul to eradicate evil by the wide-reaching hands of the Shariah law. The Islamic society is not a victim of trends, impulses and populism but it tackles these with determination, reason and reluctance141. The Islamic society survives under God's guidance and protection in this cruel world, a society based on cohesion and solidarity of faith, Islamic brotherhood and continuous struggle to improve and remain independent. The members of the Islamic society will have enthusiasm to build, protect and sustain it with the same enthusiasm they have to protect and sustain their selves and their families. Dawah or preaching is an important 141 Say, "Not equal are the evil and the good, although the abundance of evil might impress you." So fear Allah, O you of understanding, that you may be successful. (Quran 5:100) aspect in the Islamic society and one of its expressive model is commanding good and prohibiting evil. Towards this end Quran also proposes to form activist or interest groups. Many volunteers today in the world commit to various good causes. Quran precedes contemporary politics, in this idea of group and individual activism. So, Quran proposes that believers should form such activist groups not only to uphold religion and religious morals but also to uphold and fight for all just causes from human rights, animal rights to environmental rights and so on. The Islamic society is also a platform to create Islamic unity and solidarity across all Muslim ethnicities. A Muslim is practicing Muslim who reveals signs of Islamic adherence. We must form close relationship among these Muslims internationally and locally. It is essential for Muslims to create close relationship through many social acts such as in mosques, in social parties arranged for get together, through games online and offline, in education system, through marriage, through persistent charitable endeavors etc. The Islamic society has a continuous mission of Islamization142. To achieve these, Islam changes the behavior through social programs and social institutions. Children are imbued with positive Islamic morals and alienated with negative morals. This occurs in all context of cognitive development as part of Islamic Tarbiyya. Islamization creates social interaction to instill sense of community based on Islamic and upright values. The community interaction takes place first through education in primary schools continuing to universities and also through various weekly and monthly social occasions based on Islamic values, for example one of the values Islamic society implements is segregated job industry and education system. Islamic society is based on care and feelings that will create a close relationship depending on blood relation, similarity of values and companionship. To create responsible, sympathetic and altruistic people Islamic society creates Islamic conscience and values by education, socialization through media and ads, familial upbringing and political action and legal rulings. The Islamic society functions on political institutions, academic institutions, public institutions, legal institutions etc. based on values of Islam, famous biographies and history. Rahman, Mohammad M. “(PDF) Islamization: A Sociological Approach.” ResearchGate, 2021, www.researchgate.net/publication/348563742_Islamization_A_Sociological_Approach Accessed 2021. 142 Islamic society also believes in lawful that is Halal leisure and entertainment143 because of the nature of human soul which cannot continue in anything for long time, even worship and even in his hobby. Prophet also advised to take time off from voluntary religious activities to give the soul a rest. All obligations and prohibitions must be followed but when it comes to voluntary acts then there should be a balance between leisure and activities. When it comes to digital entertainment for example Islamic filtering of any entertainment must be thematic and message oriented. When an entertainment is to be permitted by Islamic law the morality police of Islamic governance backed by Islamic psychologists, jurists and cultural anthropologists must analyze the theme and message such entertainment propagates. So, every entertainment has the evident and apparent and then it has the hidden and the underlying message. Both must be understood and filtered until it is allowed under Islamic jurisdiction. We must apply the concept of “blocking the means” very carefully and judiciously when it comes to foreign entertainment in Islamic jurisdiction. The following objective are followed: 1. Propaganda against Islam and Muslims: If any entertainment promotes such then it should be allowed only for educational purpose with strong refutation from the Islamic intellectuals as part of news articles, discussions or any other forms of social proclamations. 2. Porn, LGBTQ, intense nudity in entertainment with a noble theme and message must be censored only that much which removes these immoralities. If such cannot be done, then the entertainment must be banned. 3. Gory violence must be banned or censored. 4. Entertainment which promotes destructive family politics without the message and theme that ultimately it is bad and destructive must be banned. 5. Revenge films where good triumphs evil, and justice injustice should be promoted. 6. Films which encourage cause, loyalty, honesty and determination should be promoted. 7. Films which expose oppression and suffering at the hands of enemies and tyrants need to be promoted. 8. Films which promote sacrifice for good and justice need to be promoted. 9. Entertainment which is nothing but celebrity and model vanities such as reality TV shows where whimsical, irresponsible and self-indulgent lives are promoted must be banned. 10. No celebrity must be promoted whose biography shows a life of immorality and vice. Entertainment must be only a temporary solace for the working mind and not as an instrument 143 …do not forget your share of the world…(Quran 28:77) of indulgence and/or a way of educating noble values and current/historical affairs. It must not definitely be a divider between Islam, Islamic governance and it’s subjects. Islamic society is also based on some foundational pillars such as reason, manners, justice, research, moral awareness, hygiene, aesthetics, punctuality, sense of duty and responsibility, honesty, patriarchy, polygamy, child marriage, empathy, charity and welfare. Islamic Sects Islam is inherently violent says the propaganda, ignorantly based on the violence mainly among Shias and Sunnis. There is nothing inherently or intrinsically volent in Islam that cause sectarian violence. To be more accurate there are no sects in Islam, only theological and juristical schools of thoughts. The violence among Muslim so called sects have always been due to secular reasons and motivations such as tribalism, nationalism, racism and egoism etc. The first civil wars of Islam were too due to Arab tribalism and greed for tribal supremacy against divine caliphate, and hypocrisy of many Arabs who had converted to Islam out of the trend and popularity of Islam as Islam won over all Arabia144. Some Muslims’ extremism such as violence against fellow Muslims can never be connoted to theology or jurisprudence rather their own deviance, as for example Quran condemns Muslim civil war145 and Muslim murdering Muslims146. So, it was these secular aspects that had divided Muslims and entrenched a long division which continued to this day by Muslim nationalism, tribalism, racism and ignorance. All Islamic schools of thoughts believe in oneness of God, one Prophet, one united Quran and all the major acts of Islam such as prayer, fasting, taxation, pilgrimage, Jihad, Islamic brotherhood the Ummah, diet, character, marriage, morals, crimes and punishments and rule under God. Two major schools of Islam are the Shia and the Sunni. The only primary difference between Shism and Sunnism is the issue of Prophet’s succession. The term Shia simply means follower. Shias are the followers of Ahl Bayt. Ahl Bayt is the family of Prophet whom the Prophet appointed his succession. The 144 When the victory of God has come and the conquest, And you see the people entering into the religion of Godin multitudes,..(Quran 110:1-2) 145 And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly. (Quran 49:9) 146 But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment. (Quran 4:93) family of Prophet comprises of his daughter and twelve Imams descended from Imam Ali (the first Imam) and His daughter. The term Shia has been used in Quran and Hadith in both Shia and Sunni sources. The Prophet of Islam has praised Imam Ali and his Shias. These have been documented in both Sunnis and Shia Hadith literature. The twelve Imams have been foretold both by Bible and Prophet of Islam147. The term Sunni or “Ahl Sunnah Wa Jama” was a necessary invention of time due to the social turmoil and civil wars that Muslims faced early on. Sunnism rejects the twelve Imams and puts emphasis on the Sahabas that is the companions of the Prophet. Both Shism and Sunnism Shism believe in revivalist Islam or Islamic revival. Either way they aim to revive the Muslim ummah from their decadence and subjugation. After all, their whole revivalist motto is based on the message and sacrifice of Imam Hussein and the hope and salvation from Imam Mahdi. They want to see an independent Muslim ummah united on Islamic faith despite their differences. They want to see Muslims free from colonial mentality and decadence which has destroyed Muslim demography and continue to do so. The Islamic revival to them is only possible when Muslims see through the deceit of colonialism and abandon the apathy they have inherited through colonial legacy and colonial mentality. That is why Shism and Sunnism are both political that is to say Islam is political. Confused Issues about Islam Patriarchy Patriarchy means authority shall be for men in all organizational capacity. However, women can have authority only in women only organizational capacity and this is based on their leadership in “women only” prayer congregation. Patriarchy also means men will be preferred in employment and in education. It also means men will have guardianship in legally defined areas which is termed as wilaya. Patriarchy in all its levels demands that men are able to decide for and lead, and this means men must have the knowledge, uprightness and sincerity towards the welfare and protection of women as well. Patriarchy has many textual proofs in both Quran and Hadith. The strongest proof is in when Quran Rahman, Mohammad M. “The Twelve Imams of Islam: Successor of Prophet Muhammad PBUH.” ResearchGate, 2021, www.researchgate.net/publication/350345036_The_Twelve_Imams_of_Islam_Successor_of_Prophet_Muhammad_ PBUH Accessed 2021. 147 mentions148 men are Qawwam over women. Qawwam149 means caretaker; curator; custodian; guardian; keeper; supervisor; superintendent. Patriarchy can be approached from three major perspectives: political, socio-economic, and familial. Quran 4:34 mentions why God has chosen patriarchy over matriarchy. This is due to the blessing men have over women and due to their duty to financially care for women. Modern science of psychology has shed some light on what these blessings that men have over women. These are mainly men’s superiority in physical strength and biology, psychology, and cognition150. Researchers do not deny these differences but rather they say such differences may be statistically small while others say the cumulative differences are large151. The concept of small difference making huge impact is called the butterfly effect. It describes the fact that small, barely perceptible difference can have a big, non-linear impact on a complex system. Human society is a complex system and proposing equality of sexes without considering their differences in biology, psychology and cognition have undoubtedly affected the human society in a disastrous way. Men have obligation to spend on women whether as a father, husband or Islamic ruler then it follows that men must have the resources and authority to achieve finance. Towards this end man must be thus trained and then put out in the real world to lead, manage and sustain the Islamic society. Islamic patriarchy152 is about taking care of women and lessening their burden from various social roles. This also arises from women's fragility and burden of childbirth, childcare, menstruation and duty to husband and the household. The fragility stems from their psychology, biology and cognition. Patriarchy is obligated to protect and care for the woman’s mental, physical, spiritual and financial wellbeing, that “Men are in charge of women, because God hath made the one of them to excel the other, and because they spend of their property (for the support of women).” (Quran 4:34) 148 Team, Almaany. “Translation and Meaning of ‫ قوام‬in English, English Arabic Dictionary of Terms Page 1.” Www.almaany.com, www.almaany.com/en/dict/ar-en/%D9%82%D9%88%D8%A7%D9%85/. Accessed 8 Apr. 2021. 149 Rahman, Mohammad M. “(PDF) Man and Woman: Essential Differences.” ResearchGate, Jan. 2021, www.researchgate.net/publication/348415885_Man_and_Woman_Essential_Differences. 150 Rahman, Mohammad M. “A Summary of Research in Psychology: A Gender Based Perspective.” ResearchGate, Mar. 2021, www.researchgate.net/publication/349851474_A_Summary_of_Research_in_Psychology_A_Gender_Based_Perspe ctive Accessed Apr. 2021. 151 Rahman, Mohammad M. “(PDF) The Islamic Patriarchy.” ResearchGate, 2021, www.researchgate.net/publication/349297323_Islamic_Patriarchy Accessed 2021. 152 is failing to do so will lead to genuine prolonged harm in mind153 and body of the female. Islamic patriarchy also doesn't allow husbands to prefer their career over care of their wives and children because that would defeat the purpose of patriarchy. Husband preferring his career over family has the potential to deterioration in relationship and then eventually divorce. Husband can however for betterment of the family and for empowerment of Islamic economy can be devoted and focused on his job. Wife's main social role should be caring for the house, children and husband and then as a secondary role she may engage in jobs where stress154 and demands are minimum. The housewife is an important social role which modern secular society has degraded and insulted as oppressing. This social role has been greatly praised by Islam as noble and most befitting for the Muslim woman. Quran 33:33 and many other narrations of Prophet and Ahl Bayt have emphasized the importance of the housewife mother. The wisdom behind this are many. The housewife mother has matrimonial benefits, socio-economic benefits, demographic benefits and moral benefits155. Through imbalance and distribution of duties and responsibilities of the genders a well-functioning and efficient family and society is created and evolved. The Islamic family is a hierarchy and is a cohesive unit. It is an organization and in a cohesive organization equality of its members creates rivalry and friction. That means their positions are unequal with husband being the authority and providing leadership role with wife obeying the husband and providing advisory role. This means husband’s will and decision can be enforced as long as it does not violate the commands of God or His Prophet or unless certain permissible reservations have been made in the marriage contract for examples wife requiring a maid, wife’s wish to work etc. That is the wife Mental disorder is a kind of feeling and/or behavior beyond one’s control resulting in distressing and dysfunctional states of the individual. 153 154 Stress affects higher in women than men and it can have disastrous effects on women and children she is caring for. Stress can cause physical, emotional, mental, social and spiritual harms in women. The cumulative effect of these shatters the woman, her family and marriage. Islam has thus divided social roles for man and woman. https://my.clevelandclinic.org/health/articles/5545-women-and-stress Rahman, Mohammad M. “(PDF) The Housewife Mother: The Most Noble Social Role.” ResearchGate, 2021, www.researchgate.net/publication/347516710_The_Housewife_Mother_The_Most_Noble_Social_Role Accessed 2021. 155 should give absolute obedience156 157 158 to the husband unless it is in sin, beyond her mental or physical capacities and abilities, result in her mental or physical harm or lawful reservations made in marriage contract. Truly in a loving pious marriage patriarchy is most successful and blessed. The Muslim woman159 must reject feminism and accept God’s social construct patriarchy and blessings160 to men. Once women were hopeful and eager to marry, be a housewife and mother, but feminist engineering has poisoned female psychology by demonizing marriage and motherhood and gave wrong impression that man and woman are equal. Why women seek the hard life of career when Islam obligated husbands to care for them? This is irrational and can only be explained in terms of greed for power and wealth. Feminism is about creating ambitious women who aim to achieve power and wealth. Yes, a woman when not married can seek a job but there are always conditions for this, such as no leadership over men, no free mixing, observance of proper veil and employing females. The feminists are not really tested by their husbands or male partners of their sympathy, devotion, loyalty, selfsacrifice because when done the real face of feminism which are greed for power and wealth, arrogance and apathy revealed161. Modern feminism has threatened historical gender identity and role. It wants to separate biology and psychology from gender identity and wants to have total freedom in redefining gender. Feminism is about pushing women to positions of power and less about genuinely helping oppressed women such as those in war zones, forced prostitution or in occupied territories. So, it is about feminine individualism in the social level and matriarchy in the political level. You won’t hear …And righteous women are devoutly obedient and, when alone, protective of what God has entrusted them with… (Quran 4:34) 156 It was asked to the Messenger of God (PBUH): “Who is the best of women?” The Prophet (p.b.u.h) said: "The best of women is one that pleases her husband when he glances at her; obeys him when he commands her and does not oppose him and displease him in matters regarding her body and wealth” (Al-Nasa’i, 1986). 157 “If I were to command anyone to make prostration before another I would command women to prostrate themselves before their husbands, because of the special right over them given to husbands by God.” (Sunan Abi Dawud 2140) 158 Rahman, Mohammad M. “(PDF) The Muslimah (the Islamic Woman).” ResearchGate, 2021, www.researchgate.net/publication/346835713_The_Muslimah_The_Islamic_Woman. Accessed 2021. 159 160 And do not wish for that by which God has made some of you excel others (Quran 4:32) Billen, Andrew. “I Hate Men: How the Feminist Pauline Harmange Caused Outrage in France.” Www.thetimes.co.uk, Nov. 2020, www.thetimes.co.uk/article/i-hate-men-how-the-feminist-pauline-harmangecaused-outrage-in-france-h2mvdjwnv. Accessed 08 Apr. 2021. 161 feminists calling for equality in the dirty, dangerous or low paid jobs that men do but always their target is the positions of power that they can then use to further their tyrannical matriarch agenda. In this feminist agenda male species is portrayed as weak, indecisive and predatory while women as the victim, full of potential deserving preferential treatment. In this agenda male species need to behave while women have full freedom to exercise her choices and desires without consequences. In this agenda female sex is divinely lustful, the opium to control men. We are looking at a broken system of family, society and outright anarchy, high rates of divorce, cheating family, children detached from parents and an unfair job industry and legal system. The feminist mind is the very definition of pride. It sees only control and ego. It does not understand care or wings of mercy as it does not believe in humility in a relationship. It sees man as the arch enemy. It wants absolute self-control from man without self-control of herself. Feminism is sexual/gender Nazism. Feminism is the reaction of white woman to white man's tyranny. These feminists will find it humiliating and insulted to serve their husbands or wash their cloths or present themselves with beauty in room to please their husbands. They will feel these as slavery and subjugation but not relation building and empowerment of bond. In their hearts romance and sympathy are weaknesses. We cannot build a loving society with this ideology. Feminism is also anti-family, egoistic. Feminist women prioritize pursuing career over family because a family will slow them down by childbirth and duties towards children as a mother, while a career is the ticket to be a matriarch somewhere. By this practice feminists hate their biology and innate nature of motherhood. They want female emotional weakness regarded as good leadership habits. They want wife’s care for husband regarded as servitude and slavery. They want listening to husband’s advice (let alone command) as defeat. They want living on husband's income regarded as humiliation. They want to see their failure as effort while failure of men as disaster. They want their nude provocative dress to be seen a form of art. They want everyone to be feminist instead of humanist. Feminism is like a stubborn child. Feminist love for opposite sex in a relationship is simply dating which is mutual agreement between the male and the feminist to live a certain period often unspecified and enjoy each other sexually while they go about their career empowerment. The sacredness of patriarchal matrimony is nonexistent where husband provides leadership, protection and guidance while the wife provides obedience, devotional servitude and care for the household resulting in flow of love, enhancement of bond, trust and admiration. This is possible in division of gender-based rights and responsibilities. Modern feminist tries to reduce stress by rejecting marriage, motherhood and going into free sex relationship for mental and physical satisfaction. A feminist career seeking marriage will have less happiness than a housewife marriage. The parameters of happiness constitute more in the latter than in the former such as more intimacy, closeness and more emotion as stress free career-less wife is able to give greater attention and care towards the working husband than a feminist career seeking wife but we need to separate between temporary or part time job and a career. The two parameters that differ between a working house and a nuclear family are time and focus. In a nuclear family the wife has the opportunity to give more time and focus to the husband and the household which has the higher potential to increase familial attachment and closeness between the husband and wife. The career seeking feminist wife adds stress and workload to the family as she may bring her work, directives and deadlines in home and affect the matrimonial relationship reducing the time and focus for the family. For example if a working husband becomes free from work the housewife is available and free for him and this may not be true for a career seeking feminist as she still might be busy and not have time for the free husband and so as the career seeking husband and wife become detached, they may form other emotional relationships in the workplaces leading to sex out of wedlock and resulting in relational friction and gradually divorce. Feminists say women must be economically independent, but Islam doesn't put this burden on women but rather addressed economic empowerment from three channels: dowry, inheritance and husband's income. Feminist slogan of economic independence is a disguise to women being leaders of men and this is an agenda towards matriarchy. This patriarchy dependency construct also enhances matrimonial bond's longevity unlike feminist independence and detachment from husband’s income. A critic may say modern corporate capitalist economy makes it almost a necessity for husband and wife to be working to form and sustain a family. This is because of corporate slave-based economy that our society is dependent on and that women instead of being cared for and protected by patriarchy have become economic commodities based on sexual objectification. Islamic solution to this is welfare economy where wives will be helped to stay as housewives as low-income husbands are provided welfare payments from the Islamic government. Neocolonial secular upbringing is a reason when feminization is polluting the concept and achievement of Islamic family and Islamic society162 and to overcome this hurdle we need to Islamize Muslim education and upbringing with foreseeable conflict in the early stages as is the case with any ideological training and practical realization. Wife Beating Islam commands that the husband treats the wife with righteousness and fairness163 but love is a subjective thing which cannot be truly measured so the higher importance is that which can be measured that is legal injunctions on matrimonial care, equity and fairness. The husband and wife are like one body164 so they should not have any secret165 and the intimacy166 should be the maximum there is in this relationship. However, in all organizational hierarchy there is the concept of wrongdoing and punishment. Family is also a hierarchical organization. In secular western societies the wrongs in a family are punished by courts and often siding with the wives against the husbands. They prescribe oppressive unjust punishments and measures such as prohibiting the father from coming near his children and giving the mother custody of children. However, as we saw Islam is a patriarchy and patriarch establishes a hierarchy which establishes an authority and as authority has the power to enforce and prescribe action and behavior, so it results that patriarchy is a normative social construct. Even though historically godless patriarchy has exploited the weakness of female sex and as a result gave birth to another evil force called feminism, but this does not negate the need and rationality of patriarch construct. Rahman, Mohammad M. “(PDF) The Islamic Society: The Sociological Perspective.” ResearchGate, 2021, www.researchgate.net/publication/347424572_The_Islamic_Society_The_Sociological_Perspective_4th_Ed Accessed 2021. 162 …Treat them fairly. If you happen to dislike them, you may hate something which God turns into a great blessing. (Quran 4:19) 163 Your wives are like farmland for you, so approach them ˹consensually˺ as you please. And send forth something good for yourselves. Be mindful of God and know that you will meet Him. And give good news to the believers. (Quran 2:223) 164 165 166 …Your spouses are a garment1 for you as you are for them… (Quran 2:187) And one of His signs is that He created for you spouses from among yourselves so that you may find comfort in them. And He has placed between you compassion and mercy. Surely in this are signs for people who reflect. (Quran 30:21) So, in this patriarch construct God has allowed husband the right to discipline and punish the wife in varying stages when he fears her disobedience, rebellion and arrogance 167. The beating must not be injurious but only disciplinary as evidenced from Hadith. A wife being a mother, one who also responsible of the household, and closer to children, her wrongdoing and disobedience will be extremely detrimental to the family. One of the grievous ways a wife can be disobedient is by adultery and being wasteful of wealth. However, if the husband is wrongful towards the wife by not listening to her when he should have listened to her or in any other ways of wrongdoing, then first reconciliation is sought by one of the couples or both, by, for example dropping their rights or wants, and then, if not, a greater authority will be disciplining him and this is the Islamic state, the Islamic court, Islamic judges who are the ultimate adjudicators. If husband disciplining wife leads to friction in the relationship, then reconciliation is sought through relatives168. A family cannot stay long enough if there is no feeling or love between them in the first place whether one punishes the wife or gives her a queen’s treatment. Hijab Hijab literally means cover or a barrier between two things. God commands the believing women that is Muslim women to cover themselves, guard their sight and sexual organs, that is to say God prohibits looks of lust and acts of lust towards strangers, and preserve your chastity169. Know that Hijab or Islamic feminine veil170 is not only a piece of cloth but a system of conscience, mindset and lifestyle. When it is a cloth then it means woman needs to cover their whole body and hair with loose fitting cloth so that it …And if you sense ill-conduct from your women, advise them ˹first˺, ˹if they persist,˺ do not share their beds, ˹but if they still persist,˺ then beat them. But if they change their ways, do not be unjust to them. Surely God is Most High, All-Great. (Quran 4:34) 167 168 If you anticipate a split between them, appoint a mediator from his family and another from hers. If they desire reconciliation, God will restore harmony between them. Surely God is All-Knowing, All-Aware. (Quran 4:35) 169 And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to God in repentance, all of you, O believers, that you might succeed. (Quran 24:31) 170 O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves their outer garments. That is more suitable that they will be known and not be abused. And ever is God Forgiving and Merciful. (Quran 33:59) does not reveal the shape of the body. The breasts, buttocks and the thighs are the most tempting parts of the outward body while the vagina is something that is inside of the body. So, God here addresses the issue of outwardly adornment which implies the covering of inwardly adornment as well. The evident or apparent adornment is the state of the body without covering by a hijab, but not the actual naked body. So generally, whatever is worn customarily inside the house in a certain Muslim culture need to be covered in front of people other than those mentioned. When it comes to system of conscience and lifestyle then it means shame, chastity and purity of thought from sexual perversions and purity of actions from sexualization such as dancing, catwalk etc. that is sexualization of women is prohibited. A Muslim woman’s innocent character, simplicity, virginity and chastity are the results of her religious values which are: shame, self-respect with Islamic character (as mentioned above) and true Islamic hijab, conservative in her public communication as not to be a cause of sexual distraction for others and for herself from other men. Also, it means woman must differ in clothing from man and the two of them must not look similar, that is cloth and attitude of femininity and cloth and attitude of masculinity. The legal rules of feminine hijab are: a) It must cover all body and head except face and wrists which are optional to cover b) the hijab itself must not be provocative or tempting c) the hijab must not be tight as to reveal the shape of the feminine body specially arms, breasts, thighs and buttocks d) the hijab must not be transparent as to reveal the color of the skin e) should not have fragrance f) should not resemble religious cloths of other religions, men or cloths associated with sins and transgressions. The wisdom of Hijab is to prevent physical desire towards women. The biological attraction between man and woman is a fact and God given and so God commands us to preserve this attraction by His laws so that society and families are safeguarded from sexual hedonism and sexual crimes. Hijab along with restricted movement of woman’s physique minimizes immorality and sexual crimes. The reason for Hijab on women is due to the sexual psychology of men. According to sociological researches male sexuality is direct, aggressive and continuous while female sexuality is buried under layers of emotions171. Men are more respondent to physical appearance of women while women are respondent to specific forms of physical touch by men. Hijab thus have two aspects: One is faith-based aspect and other is preventive aspect, so you see Islamic Iran has obligated Hijab for all women even non-Muslims Rahman, Mohammad M. “Should the Rape Victim Bear Any Guilt?” ResearchGate, 2020, www.researchgate.net/publication/346932599_Should_The_Rape_Victim_Bear_Any_Guilt Accessed 2021. 171 as well as even many western countries implement a dress code to maintain a psychological aspect in their work cultures. So, the law of God i.e. Hijab is a perfect measure and a preventive reductive mean of sexually related crimes, distractions and men being able to control themselves better. Also from the fact that men are different in their overtly direct sexual approach to women, which sometimes, they can full fill even by aggressive and violent means, it is fair to say that both men and women have responsibility to God and society to not harass each other mentally and physically. So, both must be legally responsible as to the consequence of rape and sexual incitement. The hijab of men or masculine veil as mentioned in Quran is to preserve their looks, that is not to sexually lust for women who are not lawful to them by looking and any sexual approach such as flirting, touch etc. and not to wear provocative dresses which reveal the shape of their body which needs to be legally covered. The legal rules of masculine hijab are: a) It must cover everything between the navel and the knee b) the hijab itself must not be provocative or tempting c) the hijab must not be tight as to reveal the shape of the thighs, sexual organ and buttocks d) the hijab must not be transparent as to reveal the color of the skin e) should not resemble religious cloths of other religions or resemble cloths of women and cloths which are associated with sins. Female Witness The reason female witness is inferior than male is due to the cognitive and psychological weakness of the female gender. Let us give an example to illustrate this scientific fact. In 1984 Jennifer Thompson was a 22-year-old college student in North Carolina. One night a man broke into her apartment, put a knife to her throat, and raped her. According to her own account, Ms. Thompson studied her rapist throughout the incident with great determination to memorize his face. She said: “I studied every single detail on the rapist’s face. I looked at his hairline; I looked for scars, for tattoos, for anything that would help me identify him. When and if I survived. “ Ms. Thompson went to the police that same day to create a sketch of her attacker, relying on what she believed was her detailed memory. Several days later, the police constructed a photographic lineup. Thompson identified Ronald Cotton as the rapist, and she later testified against him at trial. She was positive it was him, with no doubt in her mind. “I was sure. I knew it. I had picked the right guy, and he was going to go to jail. If there was the possibility of a death sentence, I wanted him to die. I wanted to flip the switch.” As positive as she was, it turned out that Jennifer Thompson was wrong. But it was not until after Mr. Cotton had served 11 years in prison for a crime he did not commit that conclusive DNA evidence indicated that Bobby Poole was the actual rapist, and Cotton was released from jail. Jennifer Thompson’s memory had failed her, resulting in a substantial injustice. Jennifer Thompson is not the only person to have been fooled by her memory of events. Over the past 10 years, almost 400 people have been released from prison when DNA evidence confirmed that they could not have committed the crime for which they had been convicted 172. Polygamy Polygamy has been prescribed and it has many benefits: safeguarding from married and unmarried infidelity, wealth distribution, relationship building and cohesion, growth of family values, improved demography, enhanced sexual experience through virginity and chastity some of the benefits. Some say why a woman cannot marry multiple husbands. Well such an arrangement existed among the Nayar people of India where woman would have several sexual partners during her lifetime, but any man with whom she had children had no responsibilities toward them. Also, in such a setting the patriarchy construct is defeated as multiple men cannot be equal leaders at same time and it would be a challenge to make one male leader over the rest even though they have equal access to the woman! Then there are issues of inheritance and child lineage which can turn out wrong even using genetic science of today. Also, evolutionary sexual selection theory states that because of their lower minimum parental investment, men can achieve greater reproductive success by mating with multiple women than women can achieve by mating with multiple men. Evidence also indicates that, across cultures, men report a greater openness to sex, a larger desired number of sexual partners, and a greater desire to have sex sooner in a relationship. Willingness of modern-day men to have sex with attractive strangers, and the prevalence of extramarital affairs in similar frequencies cross-culturally, are evidence of an ancestral past in which polygamous mating strategies were adopted173. This is also corroborated by another research which when asked about their regrets in life, men are more likely to wish they had had sex with 172 Wells, Memon, & Penrod, 2006. 173 Schmitt, D.P. (2003) more partners, whereas women wish they had tried harder to avoid getting involved with men who did not stay with them174. That means women prefer a stable one to one relationship whereas men prefer one to many relationships. These differences may be due to differential evolutionary-based predispositions of men and women. Evolutionary arguments suggest that women should be more selective than men in their choices of sex partners because they must invest more time in bearing and nurturing their children than do men (most men do help out, of course, but women simply do more 175; Islamic polygamy is just natural and divinely ordained. Child Marriage Child here means anyone below the civil law age of marriage whereas in Islam the age is a differentiating factor for sexual intercourse only and not actual contract of marriage. So for example if a child bride is unable to have sexual intercourse then marriage contract will stipulate such condition of intercourse avoidance till mature. Quran 4:3 allows child marriage (orphans) if you can care for the child. Islam did not set a minimum marriage age because it does not want to prevent a good match. Marriage in Islam is well defined with rights of girls and women protected. Child marriage is an opportunity for the child, a lessening of burden from her parents and a life lesson for her. A child may have sexual urges and desires specially in this day and age. To not help her achieve her sexual desire through lawful means would be a human right violation. In west child pregnancy is rampant. This shows children in west are too eager to have either or both companionship of opposite sex and sexual activities with their boyfriends and in the later case numerous girls become pregnant given that about 25% of young adults report “thinking a lot about sex” as 11–12 year olds (both boys and girls) (Larsson & Svedin, 2002). Based on reports of fourth- and fifth grade (ages 9–11 years) American boys and girls, 16% reported self-relevant sexual thoughts (Butler, Miller, Holtgrave, Forehand, & Long, 2006). In a sample of Spanish boys and girls, about 6% of 9–10-year-old boys reported sexual fantasies, increasing to 66% among 13–14-year olds. Among girls, 15% of 13–14-year olds reported fantasies, with none reported by 9–10 and 11–12-year olds (Arnal & Llario, 2006). Among 511 American 174 Roese et al., 2006. 175 Buss & Kenrick, 1998. 6th, 7th, and 8th graders, 56% reported at least one current crush, with larger proportions of girls (61%) than boys (48%) (Bowker et al., 2012). If we consider negative aspects of child marriage, then we must consider negative aspects of marriage in general. Islamic society must remedy these negative aspects to make marriage successful. It is often the case that the guardian of the girl is sympathetic to the girl’s wellbeing and have her interests in mind. The uprightness and justness of the guardian is a consideration for the Islamic judiciary because the Islamic government ultimately is responsible for the wellbeing of its subjects including the wellbeing of a marriage. Islam has thus advised the guardian to consider carefully the wellbeing of the girl176 177. Hence marriage whether child or adult will be initiated after consideration first, of the match, whether the adult husband is suitable and just, whether he is of noble upbringing and whether he will guarantee the care and safety of the wife to be. This process should be followed for both adult and child and people often follow this process of thought when it comes to marrying their daughter or even son. One can say the young girl has no consent, but the young girl has no consent too when starting a school for example. Her parents act as guardian on her behalf and her consent. Just as most of the times a girl comes to like school so too, she will come to like her husband in early marriage. It is just natural and relationship building. Children are the most innocent and their feelings are free from the suspicion and doubt of evil minds. Child marriage thus has the greatest potential to create a strong loving bond as the child’s feelings are revealed gradually by prolonged companionship of the husband. Childhood relationship lasts and is much strong than relationship built in adulthood. Child marriage do not cause illiteracy and poverty in itself. It is how the guardian chooses to act for his daughter. A girl may stop studying due to sudden death of her father or due to any other socio-cultural constructs. In fact, Islam has encouraged knowledge and pursuit of knowledge in countless number of verses in Quran and Hadith. Also, domestic violence is not confined to only child marriage but any adult 176 The Prophet (SAWA) said, 'When someone comes to you with a proposal and you are well-pleased with his faith and his integrity then accept him in marriage, for if you do not, discord and corruption will prevail in the land.’[Bihar al-Anwar, v. 103, p. 372, no. 3] 177 Imam al-Hasan (AS) said to man who came to ask his advice about getting his daughter married, 'Marry her to a pious man, for if he loves her he will honour her, and if he comes to dislike her, at least he will not be unjust towards her.’[Makarim al-Akhlaq, v. 1, p. 446, no. 1534] marriage. Islamic society must address the causes of violence and rectify them which being various social inequities and economic injustice. Female Circumcision Why is that surgeries for artificial breasts, buttocks and face are considered sexy but female circumcision considered barbaric? Is it because of the risks or the harm? All surgeries have potential risks and surgeries may be done inefficiently or efficiently but that is not the standard to judge whether female circumcision as a value is bad or not. Islam has prescribed it that is allowed it rather than obligated it. Sunnism and Shism considers it noble and honorable and many Islamic medical doctors have talked about its health benefits. Islam does not accept all forms of circumcisions, and rejects those which are harmful for the female sexual organ. Dr. Haamid al-Ghawaabi says that the secretions of the labia minora accumulate in uncircumcised women and turn rancid, so they develop an unpleasant odour which may lead to infections of the vagina or urethra. I have seen many cases of sickness caused by the lack of circumcision. Circumcision reduces excessive sensitivity of the clitoris which may cause it to increase in size to 3 centimeters when aroused, which is very annoying to the husband, especially at the time of intercourse. Another benefit of circumcision is that it prevents stimulation of the clitoris which makes it grow large in such a manner that it causes pain. Circumcision prevents spasms of the clitoris which are a kind of inflammation. Circumcision reduces excessive sexual desire. The female gynecologist Sitt al-Banaat Khaalid says in an article entitled Khitaan al-Banaat Ru’yah Sihhiyyah (Female circumcision from a health point of view) that for us in the Muslim world female circumcision is, above all else, obedience to Islam, which means acting in accordance with the fitrah and following the Sunnah which encourages it. We all know the dimensions of Islam, and that everything in it must be good in all aspects, including health aspects. If the benefits are not apparent now, they will become known in the future, as has happened with regard to male circumcision – the world now knows its benefits and it has become widespread among all nations despite the opposition of some groups. Then she mentioned some of the health benefits of female circumcision and said that it takes away excessive libido from women. It prevents unpleasant odours which result from foul secretions beneath the prepuce. It reduces the incidence of urinary tract infections. It reduces the incidence of infections of the reproductive system. In the book on Traditions that affect the health of women and children, which was published by the World Health Organization in 1979 it says: “With regard to the type of female circumcision which involves removal of the prepuce of the clitoris, which is similar to male circumcision, no harmful health effects have been noted.” Incest The scope of incest varies from culture to culture, but it is almost universally agreed that inbreeding with in the same biological direct blood relations is incest. Islam allows marriage of first cousins. The medical science is inconclusive about genetic diseases being caused by such marriage among close relatives. The wisdom behind such marriage is kin selection. It is that favor the reproductive success of one’s relatives, sometimes even at a cost to the individual’s own survival. It can help explain a range of social interactions and not just altruistic cooperation. The simplest cases are that when interacting individuals are more closely related, they should be more likely to cooperate, show more restraint, and show less aggression. Kin selection theory predicts when individuals should behave altruistically and also when they should curtail their selfishness. Mut’a Temporary Marriage Mut’a is temporary marriage. It has been mentioned in the Quran178, Sunnah of Prophet, practice of many companions and Ijma of scholars, and it continued to exist until a certain period of second caliph Umar when he prohibited it. Shism accepts temporary marriage because the legal evidences are clear and certain, but Sunnism rejects temporary marriage because they believe Prophet has forbidden it. However, Shism points out that the evidences Sunnism provides against this marriage are contradictory and confusing because one issue is, this marriage according to Sunni Hadith sources, has been legalized and prohibited on and off between four to six times between 7th century Hijra and 10th century Hijra. Shism consider this a mockery to divine legislation. Shism also point out that even if the confusions and contradictions cease, still the Hadith evidence won’t be strong enough to reject the Quranic evidence because these Hadiths are weak due to being isolated (Ahad) as discussed in the section “Analysis of …So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation... (Quran 4:24) 178 Narrations”. So according to Shia jurisprudence what has been established by certainty cannot be refuted by weak probability. Temporary marriage is similar to permanent marriage in many aspects some of which are a valid legal contract, obligation to pay dowry, inheritance of child, obligation to care for child and other rights of child from temporary marriage and a certain waiting period after termination of the marriage contract. However temporary marriage differs in the following: no divorce, spending on wife is not obligatory, wife does not need to obey the husband in many things lawful, no inheritance between the two and the husband can have more than four temporary wives. The wisdom behind temporary marriage is fully realized in this age of nudity, pornification and open adultery. Marriage whether permanent or temporary, child or adult, is the best way to save the ummah from sexual and moral degradation. Jihad and Kafirophobia What is Jihad? Jihad is struggle personally or collectively spiritual, financial or military to achieve specific Quranic goals and purpose. Spiritual is struggle against sins to abstain from it, financial is helping to empower Islam and charity in Islamic causes, and militarily is, fight to defend oppressed and to protect Islam and Islamic rule. All verses of Jihad are to protect religious identity and spirituality, Muslim honor, Muslim wealth, the oppressed, Islam's sovereignty and for self-defense against tyrants and oppressors while as verses which are for forgiveness is forgiveness for the weak and the lost. Then there are verses which command patience and avoidance, and neither Jihad nor forgiveness, and these verses are when Muslims are weak and fragile unable to fight back oppression and tyranny. Having said that Quranic verses of Jihad expose these aspects: Why to fight, who to fight, when to fight and how to fight. It is “why to fight” which justifies war, and this is essentially defensive and humanitarian. Some verses teach Muslims how to fight, some when to fight and some who to fight and some why to fight. Jihad is a continuous command. God commands the believers to prepare continuously and persistently against known and unknow threats 179. The preparation in military and security apparatus has been essential for all civilizations and it should be no different for Muslims who are the most persecuted today by fascists and nationalists, but Muslim governments, politicians and royals are self-defeating except the Islamic republic of Iran who has followed this verse efficiently. Western and Eastern wars have been waged to make the politicians, royals and corporations rich but Islamic war is against this money-making exploitative model. Even in Islamic war you must remain humanitarian. The bounties from a just defensive or humanitarian war is equitably distributed among the needy and unfortunate ones. These other recipients need not necessarily be the believers but may also be the disbelievers against whom the war has been waged because the leaders of disbelievers might have been unjust and cruel to their subjects so Islamic leadership should distribute some of the war bounties to them. Political and military Jihad started when holy Prophet pbuh was commanded to fight for the rights of the oppressed Muslims i.e. their rights to adopt Islam and live by it, peacefully. The Meccans with their pagan beliefs always persecuted Muslims due to their preaching of One God and justice which threatened the pagan political and social establishments, and this led to the emigration of holy Prophet to Madinah. The persecution increased. Quraish sieged Muslims properties in Mecca. The scale of persecution reached to an intensity and the verse for self-defense was revealed180. Jihad or war for God, that is in His cause was revealed later after persecution of Muslims increased greatly and after Muslims had found an Islamic state or Islamic jurisdiction by Prophet of Islam. This proves war footing is generally done when there is an established authority and under an established Islamic jurisdiction. So only an Islamic authority can declare and initiate a Jihad. In today’s world Jihad exists in all the occupied Muslim countries as it is an automatic triggered Jihad by the very act of occupation and self-defense. Currently Palestine, East Turkistan, Kashmir, Arakan, Yemen, Egypt and Syria are places of Jihad because of evident occupation, oppression and tyranny against the people and against Islamic rule. An external Islamic government can declare Jihad on behalf of oppressed Muslims 179 And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of God and your enemy and others besides them whom you do not know [but] whom God knows. And whatever you spend in the cause of God will be fully repaid to you, and you will not be wronged. (Quran 8:60) 180 Permission [to fight] has been given to those who are being fought, because they were wronged. And indeed, God is competent to give them victory. (Quran 22:39) elsewhere or an organized group of Muslims with a leadership structure and merit which have mustered a force against occupation and tyranny can do declare Jihad against tyranny and occupation. It is clear from both Quran and Sunnah that the oppressed are given right to fight to preserve their life, property honor and dignity and way of life and this is so that they can live in obedience of God. If someone is fighting for his life, property and country so they can live in communism or secularism then this is not Jihad and not acceptable to God. Your intention must be to live in God and under God. When some non-Muslims are oppressed by tyrants and Muslims have the power to free them then also this is Jihad because those non-Muslims have a hope to turn to Islam. So do not confuse right to self-defense of lawful things with Jihad necessarily because an entity may be lawful but used in unlawful way. Jihad is also done in a proportional manner, so collective and/or excessive punishment is forbidden. In context of war this prohibits indiscriminate destruction of properties and killing of women, children, old people, religious priests and other non-combatants as Prophet and the Rashida caliphate practiced. The features of disbelievers which Quran has been threatening with war and hostility are due to their persecution of Muslims and Islam so that Muslims abandon Islam and Islamic rule and embrace polytheism and disbelief. Quran is not against disbelievers who are peaceful and equitable. So, Quran is against the ideology of injustice and tyranny. Jihad ends if one of three conditions are fulfilled: First condition is the tyranny, persecution and the ideology which brought it about must end and the second condition is that God’s religion must be established as the rule. The third condition is if the enemy ceases with their hostility and that implies, they must go to the status quo or must form a new reality based on some agreement: One example is the enemy withdraws and ceases the war while paying reparations. Jihad is not a way to enslaved people and nations. Quran does not encourage, obligate or command slavery. It commands to free prisoners as good gesture or ransom them. Islam came to abolish slavery through reformation. The reformation was done in these ways: 1. Prohibition of enslaving free people and limiting it in only defensive or humanitarian war for only prisoners and combatants 2. Keeping a lot of legal obligations to free slaves as compensation of legal wrongs 3. Obligating treatment of slaves as human beings and servants of God thereby minimizing the chances of cruelty and humiliation. 4. Promising spiritual rewards for freeing slaves voluntarily. Prophet was a Warlord? The call to Islam which Prophet presented was not only merely a call to change our personal selves but also a call to change our political, economic, social, military and cultural existence. Prophet welcomed everyone who accepted this change but accommodated everyone according to their faith. This new system ruled by Islam was meant to establish divine humanity, justice, equity and framework of human government. Prophet had achieved this Islamic rule, in other words hukm of God by being a father, a preacher, a political leader, a general, a spy master, a financer and a judge. If Quranic Jihad is defensive and humanitarian, then Prophet could not have been a warmonger as propagandists claim. Some people say he was a warlord, but warlord may be seen from a positive perspective as well who is a strong leader able to exercise military, economic, and political control over a territory and this was Madinah, his companions and the people under his rule. Those who accuse the Prophet as a war booty loving general should know that on the 15th of Rajab of the same year, i.e. 2 A.H., Fatimah, daughter of the Prophet, was married to 'All. All that 'Ali could offer by way of dowry was his coat of mail, and all that the Prophet could give to his daughter were an ordinary cot, a mattress stuffed with palm leaves, a water bag, two grinding stones, and two earthen pitchers. Yet some propagandists insinuate that the Prophet and his party were ambushing and plundering pagan trade caravans! Another propaganda towards Prophet being a warmonger is his habit to break treaties to start war, such as that allegedly happened with the treaty of Hudaibiyyah. The pagans of Quraish in ancient Arabia were habitual treaty breakers181 so God had commanded the Prophet to reject all treaties with them but to continue fighting until they were overwhelmed. One of the conditions of the Treaty of Hudaibiyah was that the Quraish would not fight against any ally of the Muslims, nor should the Muslims fight against any ally of the Quraish. In simple language, the clause of 10-years' cease-fire included the allies as well as the principals. During the month of Ramadhan of 8 A.H., the Banu Khuza'ah, an ally of the Muslims, were attacked by the pagan Banu Bakr and their allies, the Quraish. By virtue of their alliance with the Muslims, the Banu Khuza'ah sought the aid and protection of the Prophet. The Prophet sent an emissary to the Quraish to persuade them to accept any of the following terms: 181 And if they break their oaths after their treaty and defame your religion, then fight the leaders of disbelief, for indeed, there are no oaths [sacred] to them; [fight them that] they might cease. (Quran 9:12) Reparations should be paid for the massacred people of Banu Khuza'ah, or The Quraish should break their alliance with Banu Bakr, or The treaty of Hudaibiyah should be abrogated. The Quraish accepted the last alternative. When the pagans broken the treaty, the time had come to free the citadel of Islam from idolatry and to end the reign of oppression in Mecca. The Prophet marched with ten thousand men on the 10th of the month of Ramadhan and camped a short distance from Mecca. The city which had scoffed and jeered at Muhammad's Prophetic mission, ruthlessly persecuted him and his disciples and ultimately driven his disciples away, had created all manner of obstacles in the propagation of the faith and had waged war upon war on the Muslims. This same city now lay at his feet. At this moment of triumph, he could have done anything he wished with the city and the citizens, but he had given amnesty to most. The Prophet had completed mission of sovereign Islamic rule ushering an era of Islamic justice and divine humanity. Freedom, Forgiveness and Tolerance Given the legislation of Jihad it is fair to say Islam rejects meekness and turning the other cheek. Forgiveness and tolerance in Islam are thus rational and not absolute. Forgiveness is withholding of punishment from the deserved and/or not wishing punishment for the deserved. Islam also gave right to desire punishment for the wrongdoers as well, as Prophet prayed in many occasions against the enemies of Islam. In many Hadiths Prophet also cursed and desired punishments for certain categories of sinners whether such sins are against God only or man or both. So, punishment can be spiritual or legal. Then punishment is implementing a recompense on the deserved or wishing recompense for the deserved, so it is the infliction or imposition of a penalty as retribution for an offence. As forgiveness is triggered in response to a wrong, let’s discuss on wrong. A wrong is any unjust, dishonest, or immoral act or belief which is expressed whether in public or private. There are categories of wrongdoing such as wrong against oneself or wrong against another, whether property, animal or human. There are also levels of wrongdoing such as breaking promise with your son as being minor to creating corruption and bloodshed on earth unjustly, being very severe. A wrong can be done intentionally wholly, or intentionally under duress or mistakenly/by error. As there are levels of wrongs then there must be also levels of forgiveness. The extent of forgiveness depends on the level and extent of the wrong and it’s consequence. For example, the consequences of breaking a promise with your son is not the same as with the consequences of creating corruption and bloodshed on the earth unjustly. Now the question is when to forgive and when to seek justice? Whenever justice and forgiveness are in conflict justice must be preferred182. Some other principles of when to choose forgiveness over justice183 can be summarized in some specific guidelines. A person consists of intention, understanding, and acts and beliefs which can be right or wrong. A wrong act or belief can never be right by intention or understanding. Some of the conditions of forgiving the perpetrator of wrong can be a) The perpetrator must not be a part of ideologically aligned active hostility against Islam and Muslims. However, forgiveness is to be considered only when such a perpetrator’s hostility has ceased due to apprehension or capture or other incapacity and only if the perpetrator has been misinformed of Islam and Muslims. Until the case is such, the Muslims must not be forgiving. Note that today the world knows about Islam as Islam is a knowledge in every house more or less as prophesied in Hadith184, so excuse of ignorance is to be considered with less weight. b) Must not be persistent in wrongdoing which may be evidenced by his biographical investigation. c) The consequences of the wrong must not be severe. d) Only the victim is allowed to forgive or those acting on behalf of the victim e) No forgiveness in where God has ordained spiritual or legal punishment. f) Commitment of the wrong must have been purely intentional. If under duress the probability of forgiveness increases to the extent and severity of duress. Forgiveness should be considered only: a) Forgiving the perpetrator of wrong may turn him towards good with a high amount of probability of such. b) The perpetrator has committed wrong for the firsttime c) The perpetrator was under duress, extreme stress and/or mental health issues. d) The perpetrator did a wrong mistakenly. 182 Imam Ali states “Justice is the base that supports the whole world”. (Matalib al-sa’ul p. 61) 183 Justice must be priority and forgiveness secondary to root out virus from the Muslim demography. Justice thus acts as a deterrence and blocking the means. The Prophet (PBUH) said “This matter will certainly reach every place touched by the night and day. God will not leave a house or residence, but that God will cause this religion to enter it, by which the honorable will be honored, and the disgraceful will be disgraced. God will honor the honorable with Islam and he will disgrace the disgraceful with unbelief.” (Musnad Aḥmad 16957) 184 What is Meant by Kafirophobia? The propaganda goes "Kafirophobia" began with the admonitions against "unbelievers" by Mohammed while "Islamophobia" probably began with the expansion of Islam by the sword. These two combined we get the meaning that Prophet of Islam started the idea to hate disbelievers and due to Islam’s violent spread, world began to hate Islam and Muslims. Age old propaganda still being used today. The first to use propaganda like these were the natives and community members of Prophet’s tribe. They vilified the Prophet and his mission. Prophet was known as the truthful among the pagans of Arabia but as soon he started to preach the idea of Islam, he became an enemy. Prophet wanted to change the oppressive system of Arabia and was a firm supporter of justice, equity and merit. The pagans disliked these and wanted to exist on exploitation, cruelty on slaves and abuse of women. As the Prophet began his mission to change the pagan society the pagans became hostile and started their campaign of tyranny and persecution against the new movement of Islam as also because Islam attracted many followers rapidly. So historically Islamophobia was a reaction against popularity of Islamic monotheism, justice and equity while Kafirophobia was a reaction against pagan tyranny and persecution. The term Kafirophobia thus is more restrictive than what is implied by propagandists. If Islam was really kafirophobic it would have never won over the hearts and minds of pagan divided Arabia, and the pagan lords would never need to launch wars after wars to stop this popular Islamic movement. So, Islam is kafirophobic to the hostile oppressive elements. Quran’s threat against disbelievers is not merely for they being disbelievers, but because of their disbelief accompanied by hate and hostility against Islam and Muslims185. Islamic movements whether early or in modern times have always targeted tyrannical establishments and tyranny. In modern times the Muslim brotherhood and the Khomeinists have fought and fighting colonial legacies of Muslim countries just as what Prophet did i.e. to change tyranny with justice, despair with hope and sins with piety. So Kafirophobia is hate against hostile and tyrannical entities, against hostilities and tyranny while Islamophobia is, hate against movements of justice and it’s ideology. This is clear from history. 185 God does not forbid you from those who do not fight you because of religion and do not expel you from your homes - from being righteous toward them and acting justly toward them. Indeed, God loves those who act justly. God only forbids you from those who fight you because of religion and expel you from your homes and aid in your expulsion - [forbids] that you make allies of them. And whoever makes allies of them, then it is those who are the wrongdoers. (Quran 60:8-9) Is Jizya a symbol of Kafirophobia or a symbol of Islamic tolerance? Jizya, as the propagandists go, is an oppressive taxation system to make disbelievers second class citizens of Islamic rule. However, the reality of Jizya is it is a non-faith-based tax. As discussed in the taxation section that Islamic tax is faith based and non-faith based such as one for Muslims which requires faith and worship, and other for nonMuslims which do not require such. Jizya is a security tax on non-Muslims so that non-Muslims enjoy the security, welfare and protection of Islamic rule. Protection of disbelievers under Islamic rule means they can also practice their religion and even have their own religious laws in limited domains such as family or worship. This is because under Islamic rule as we saw faith-based laws are for Muslims and non-faithbased laws are for both Muslims and non-Muslims. Islamic rational freedom to its subjects contrasts with irrational secular freedom. Also, a hybrid legal system where disbelievers may practice their religious laws is way more tolerant than what monolithic western legal systems offer to minorities. In fact, if you look at it in depth western secular freedom is mostly white freedom rather than freedom of minorities to practice their culture and religion186. Another propaganda of Kafirophobia is that Muslims are not allowed to make friends with disbelievers. This arises from the fact that the propagandists fail to understand the meaning of friend in Islam187. A friend in Islam is one who imitates each other and who have a single soul. In Islam friendship thus begets unity of mind and conscience. In Islam a friend is one whom you follow intimately, so a Muslim is not allowed to follow non-Muslim or even a sinful Muslim intimately because that would mean abandoning many of the aspects of Islam and in this sense Muslims are not allowed to make friends with non-Muslim and/or sinful people. It has nothing to do with prohibition of being nice, equitable and generous in interaction. In fact, a Muslim is obligated to be just and equitable even to his enemies. So modern concept of friendship is different from what Islam has defined friendship as and thus the shrewd ignorant propaganda against Islam must be rejected. Muslims politically are also prohibited to take disbelievers as political and military allies, and this is not Kafirophobia but simple measure of security. Even disbelievers throughout history distanced each other politically and militarily. Look at the democratic west and the communist east during the cold war and how they mistrusted each other, and each block tried to root out the ideology and movement of the Rahman, Mohammad M. “Western Forced Liberalization.” ResearchGate, 2021, www.researchgate.net/publication/349053501_Western_Forced_Liberalization Accessed 2021. 186 Imam Ali (AS) said, ‘Friends are a single soul divided between different bodies.’[Amali al-Tusi, p. 646. no. 2059] 187 other and fought each other all over the world. Muslims have an identity of faith and thus cannot, according to Quran, be vulnerable. Islamic solidarity and unity based on faith and alliance of each other of faith is a protective measure for Muslim and Islamic survival. This is why several verses of Quran have emphasized Islamic unity, Muslim solidarity, alliance and cooperation in faith, righteousness and resistance against tyranny. This is a political model for Muslim integration and cohesion. With thus unity and cohesion Muslims are to engage in global trade and diplomacy with peace loving and equitable nations and resist tyrannical and hostile nations. This is the philosophy and law of Quran despite what miserable Muslim reality suggests. The concept of hate in Islam is established on the Hadith principle of loving for sake of God and hating for sake of God as part of faith. So, whoever God, His Prophet and Ahl Bayt hates, the Muslim must hate. This hate however must not translate to doing injustice. Hate is a motivation to fight and resist evil. Hate together with justice act as a shield to preserve the Islamic polity and Muslim mind from our open enemy the Satan and his cohorts. Numerous Quranic verses and Hadiths of Prophet command Muslims to hate the enemies of God and their ways188. Hate against Islam’s enemies is not out of fear of the enemy or their ways but out of justice, love for God and His religion to achieve His pleasure to succeed both in this world and the hereafter. Islam teaches Muslims to relate with people on two perspectives: perspective relates with the person and perspective relates with his or her acts and beliefs. A Muslim can relate with a person based on either love and mercy, or justice and can relate with his acts or beliefs based on acceptance or rejection and this rejection is based on hate. The acts or beliefs of a person must be judged by Islam and depending on what is dominant, or intensity of the acts or beliefs, a Muslim will either accept or reject the person's acts and beliefs. Once this is decided the Muslim may either accept the person or reject him and if he rejects him, he must not forget to relate to him on equity and fairness in relationship with him, if needed or required such a relationship. So the Islamic hate is a way to preserve the totality of monotheistic self-perception, welfare of creation, justice and rightful dominion of the Creator. Now there are other kinds of hate which rises from the principles of satanism such as indulgence, hedonism, pride, greed, lust, envy, gluttony and exploitation. These are what are driving and driven racism, nationalism and tribalism etc. all secular hate ideologies which Islam rejects. 188 Quran 60:4, Quran 3:119, 58:22, 3:28, 60:1 and many more. Did Islam Spread by the Sword? After the death of the Prophet Muhammad, the Muslims gradually conquered Iraq, Syria, Palestine, Egypt and Iran. During the reign of Abu Bakr, Iraq was conquered in 633 CE. During the reign of 'Umar ibn al-Khattab, Syria was conquered in 635 CE, Palestine in 637 CE, Egypt in 642 CE, and also two-thirds of Persia was conquered. The rest of Persia was conquered during the reign of 'Uthman bin 'Affan. Many historians look at the conquests of the Muslim rulers who came after the Prophet as a proof of “conversion by force to Islam”. However, these conquests made by Muslims after the Prophet's death does that mean that Islam, the religion, was spread by force. Whether these conquests were justified and whether after conquest Islamic rule was oppressive or emancipating will be seen later on. The confusion arises when writers and historians interpret the expansion of the Muslim/Arab Empire as the expansion of Islam, the religion. According to Ira M. Lapidus189 Muslim conquerors ordinarily wished to dominate rather than convert, and most conversions to Islam were voluntary. In majority of cities, the inhabitants continued to follow their own religions. The Muslim conquerors signed treaties guaranteeing to the conquered people the freedom to practice their religion as long as they paid the required tax to Islamic treasury. The late Marshall Hodgson190, in his famous book, the Venture of Islam, says: “There was no attempt at converting the peoples of the imperial territories, who practically all adhered to some form of confessional religion already…In the chiefly non-Arab agricultural lands, the object was not conversion but rule…The superiority of Islam as religion, and therefore in providing for social order, would justify Muslim rule: would justify the simple, fair-dealing Muslims in replacing the privileged and oppressive representatives of the older, corrupted allegiances…”. The Caliphates extended the same privileges to Middle Eastern Jews, Christians, and Zoroastrians, whom they considered 'People of the Book,' the adherents of earlier written revelations. A prominent Indian historian and journalist, Dr. Khuswant Singh191, in his A History of the Sikhs, has discussed about the early days of Islam in India. He clearly 189 Ira M. Lapidus, A History of Islamic Societies (Cambridge: CUP, 1988) 190 M. Hodgson, The Venture of Islam, vol. 1, 191 Khushwant Sing, A History of the Sikhs, vol. 1 (N.J.: Princeton University Press, 1963) states that Islam was spread in India not by the Muslim rulers but by the Muslim spiritual masters and missionaries. Study the history of the Far East, and you will see that a Muslim army or navy never set its feet in Malaysia or Indonesia. However, population-wise Indonesia is the largest Muslim country in the world. Islam spread there only through Muslim traders and missionaries. Lapidus mentions three theories to explain the acceptance of Islam in the Far East: the role of merchants, the importance of the missionaries, and the value of Islam to the common people rather than to the ruling elite. It was through the character and behavior of the Muslim traders that the Indonesians were first attracted to Islam. Look at the last Muslim empire, the Ottoman Empire. It was ruled by a Ottoman caliph and was governed by the millet system, a multi-religious, multi-cultural society. Ottoman Empire dominated vast region of Christian land in Eastern Europe but it never forced its Christian citizens to convert to Islam; they were given the right to govern their own lives according to their own religious traditions. Look at Greece, a neighbor of Turkey, that was conquered by Muslim Turks for about 500 years, but you never hear or see of a sizeable minority of Muslims among the Greeks, even today. Professor Davison, a prominent historian of the Ottoman Empire192, writes, “It might in fact have been argued that the Turks were less oppressive193 of their subject people than were Prussians of the Poles, the English of the Irish, or the Americans of the Negroes…There is evidence to show that in this period [i.e., late 19th century], there was emigration from independent Greece into the Ottoman Empire, since some Greeks found the Ottoman government a more indulgent master [than their own Greek government]. Islam did not spread by force because Muslim rulers have historically followed the commands of Quran which are “no forced conversion”194 195and collection of Jizya suggesting acceptance of Islamic rule196. 192 Roderic H. Davison, Reform in the Ottoman Empire 1856-1876 (New Jersey: Princeton University Press, 1963) 193 “The Real Ottoman Empire.” Www.youtube.com, www.youtube.com/watch?v=W4xkpw-XVi0&t=16s Accessed 13 Apr. 2021. 194 There is no compulsion in Faith (Quran 2:256) “Let the Abbyssians alone as long as they let you alone…” (Sunan Abu Dawood). Abyssinians (Ethiopia) were and to this day are Christians, people of the book 195 Now to the discussion of were Islamic and Muslim conquests a reaction to imperialism or were Islamic conquests done for colonial subjugation and exploitation of the conquered? Note that I separated Islamic and Muslim conquests as some Muslim conquests might have been not Islamic. As we discussed armed Jihad is defensive and humanitarian but never aggressive. To understand Muslim conquests, we must understand how Arabia was occupied by Roman and Persian empire for centuries. Arabia Petraea or Petrea, also known as Rome's Arabian Province or simply Arabia, was a frontier province of the Roman Empire beginning in the 2nd century. It consisted of the former Nabataean Kingdom in Jordan, southern Levant, the Sinai Peninsula and northwestern Arabian Peninsula. Its capital was Petra. It was bordered on the north by Syria, on the west by Iudaea and Aegyptus, and on the south and east by the rest of Arabia, known as Arabia Deserta and Arabia Felix. The Arab territories were annexed by Emperor Trajan, like many other eastern frontier provinces of the Roman Empire. When Roman empire was split into Western Roman Empire and Eastern Byzantine Roman Empire Arabia came under the rule of the latter. Palaestina (Palestine) Tertia was a Byzantine (Eastern Roman) province, which covered the area of the Negev, Sinai (except the north western coast) and south-west of Transjordan, south of the Dead Sea. The province, a part of the Diocese of the East, was split from Arabia Petraea during the reforms of Diocletian in c.300 CE and existed until the Islamic conquests of the 7th century. The Byzantine divided lands to it’s Arab tribes who were vassals of the Byzantine. One of the vassal tribe was the Ghassanids. Prophet of Islam Muhammad had sent his emissary to the ruler of Bosra to call him to accept Islam. While on his way to Bosra, he was executed in the village of Mu'tah by the orders of a Ghassanid official Shurahbil ibn Amr who was a Ghassanid governor of the vassal Ghassanid confederation (authority) under the Byzantine Empire in southern Syria region during the 7th century. The news reached the Prophet upon which he got extremely sad and angry. This murder of a diplomat is what triggered the first confrontation between Muslims and the Byzantine in the battle of Mu'tah 629 CE. So, it was not Islam that triggered the hostilities but rather centuries of Byzantine occupation and exploitation of Arabia in general and murder of Prophet’s diplomat specifically. “Fight the ones who do not believe in God nor in the Last Day, and do not prohibit whatever God and His Messenger have prohibited, and do not practice (Literally: to have as a religion) the religion of Truth-from among the ones to whom the Book was brought-until they give the tax out of hand (i.e., by a ready money payment, or in token of submission) and have been belittled...” (Quran 9:29). Notice the word from which in Arabic can have two connotations one of which is “specification” depending on context. Given other verses command to be equitable with non-hostile disbelievers then from in this verse only means tabidiyya that is some people of the book should be fought. Other verses clarify who and why. Historically these have been the hostile Byzantines who wanted to invade Islamic Arabia and murdered Prophet’s ambassador. 196 Darius the Great does not mention the Arabs in the Behistun inscription from the first years of his reign but does mention them in later texts. This suggests that Darius might have conquered this part of Arabia or that it was originally part of another province, perhaps Achaemenid Babylonia, but later became its own province. This was known as Achaemenid Arabia. Muslims first battled the Persians in Iraq. Iraq was ruled by the Persian commander Hormozd who was oppressive and hateful of the Arabs. The first caliph Abu Bakr wanted to intervene on the basis of humanitarian concerns to free the century old occupied Arabs from both Byzantine and Persian. We can summarize that Islam did not spread by force, Islamic conquests were defensive, humanitarian and reactionary to hostilities, provocations and oppression of the two gigantic empires Byzantine and Persia. The late crusades and colonialism are essentially a result of the western anger of loss of Byzantine empire. Islamic conquests never resulted in colonialism but prosperity and religious tolerance of the conquered. Islamic conquests never evicted the locals and made room for imported Muslims neither exploited the conquered economically as western colonialism had done for centuries. Taqiyya Propagandists go on saying that Taqiyya is a policy for Muslims to hide in west like wolf in sheep’s clothing then gradually take over western civilization. The word "Taqiyya” literally means: "Concealing or disguising one’s beliefs, convictions, ideas, feelings, opinions, and/or strategies at a time of eminent danger, whether now or later in time, to save oneself from physical and/or mental injury.” A one-word translation would be "Dissimulation." There is no doubt that early Christians and countless Jews did Taqiyya during Roman, Christian and Nazi persecutions. The difference between Taqiyya and hypocrisy is Taqiyya hides faith and reveals disbelief while hypocrisy hides disbelief and reveals faith. Taqiyya is optional197 and a Muslim may be brave and reveal his or her faith facing persecution or martyrdom. Taqiyya is thus a defensive mechanism to save oneself in face of persecution. Blasphemy & Apostasy Blasphemy is an insult that shows contempt, disrespect, or lack of reverence concerning a deity, a sacred object, or something considered inviolable. Quran commands to respect other religions and thus 197 Whoso disbelieves in God, after he has believed -- excepting him who has been compelled, and his heart is still at rest in his belief…(Quran 16:106) Quran prohibits blaspheming (insulting) other religions198. Blasphemies may cause a Muslim to become an apostate. Under Islamic rule apostasy is punishable by death. Under an Islamic system when an apostate following his apostasy tries to convert Muslims to Islam then it is a declaration of hostility against Islamic system much like how western democracies perceived communist recruitment and activities a hostility against democracy and vice-versa. You cannot exist in a political system then start promoting a system against the de facto and de jure political system and that is why Islam being a political Islam also apostasy demands death penalty. However, mob punishment is prohibited and anyone who is accused of blasphemy under Islamic rule must be allowed to explain himself and due legal process followed. Mob lynching, destruction of properties etc. to protest a blasphemy or blasphemer is itself against rules of Islam and can be considered as hiraba. However, Islam does not suppress constructive criticism even against God, Prophet and Islamic values. Quran and Prophet have argued against the pagan and disbelievers’ criticisms. So, Islam differentiates between insult and criticism. Visiting Graves and Intercession Shism and Sunnism believe in visiting the graves of the pious saints and asking God through them in a process called Tawassul. Muslims do not the take Prophets and Imams the same way Christians take them. Muslims bear witness God is Creator, Sustainer and one who benefits and harms mankind and that Prophets and Imams have no power in himself to harm or benefit, but Muslims believe the pious have a special status to God so they ask to God [through them]. Evidence of Tawassul can be found in Islamic texts199 200 201. Even today in Medina we have the tomb of our leader and Prophet, and millions of Muslims visit it every year and seek 198 And do not insult those they invoke other than God, lest they insult God in enmity without knowledge…(Quran 6:108) If only those ˹hypocrites˺ came to you ˹O Prophet˺—after wronging themselves—seeking God’s forgiveness and the Messenger prayed for their forgiveness, they would have certainly found God ever Accepting of Repentance, Most Merciful. (Quran 4:64) 199 200 O you who believe! Fear God and seek a means to him. (Quran 5:35) “O God! I ask you and turn to you through my Prophet Muhammad, the Prophet of Mercy. O Muhammad! I seek your intercession with my Lord for the return of my eyesight, that it may be fulfilled. O God! Grant him intercession for me” (Tirmizhi and Ibn Majah) 201 intercession through the Prophet. Also, in Mecca Muslims, as part of ritual, venerate the symbol of Prophet Abraham because these places are blessed. Islam’s Contributions Islam’s Inspiration to Seek Knowledge A Muslim can question Islam with the intention to understand it but not to reject or doubt it. It is assumed that a Muslim has become Muslim by inquiry and research as the principles of faith are required to be understood by every Muslim, but this understanding may vary from simpleton to the philosopher level. Islamic research stems from Quran, Sunnah and sayings of Ahl Bayt. Numerous texts from these three sources encourage, obligate and reward inquisitive mind and analytical thought into God’s creation. Islam’s encouragement towards use of mind in thinking results in the practice of research. Such an approach had resulted in the culmination of Islamic golden age. The pioneers of Islamic research were numerous scientists and philosophers of Islamic golden age, among them were Khawarizmi father of algebra and algorithm, ibn Haytham father of optics and Ibn Sina father of pharmacology and medicine as well as al Kindi and ibn Rushd, two great philosophers. The scientific minds of Islamic golden age have formulated the scientific process of iterative problem identification (hypothesis) through observation, data gathering, experimental analysis and conclusion. Modern research method and methodology are similar in spirit and approach. Even though precision terms and precision of thought process have been introduced but they revolve around the scientific process developed in Islamic golden age. Islamic research is any research in any field of study or practice which a) aims to connect Islamic world view, principles and rules to the said field or practice b) Develop an existing field or practice within the limit and standard of Islamic ethics and objectives. The scientific minds of Islamic golden age have formulated the scientific process of iterative problem identification (hypothesis) through observation, data gathering, experimental analysis and conclusion. Modern research method and methodology are similar in spirit and approach. Sciences that Quran has indicated and hinted which have been established through rational thought and research are many. Quran has repeatedly encouraged that in the creation there are signs/indications/hints for people who believe (Quran 6:99 and verses), who think (Quran 13:3 and verses), who reason (Quran 2:164 and verses), who has mind (Quran 3:190 and verses), who perceive (Quran 3:13), who hear (Quran 16:65 and verses) etc., all these indicating different pathways to understanding God’s creations in its varied existences. Quran is a book of wisdom, a book of guidance and law, and indicative of many research fields as discussed. Quranic verses imply fostering of inquisitive mind and discovery. Quran encourages us to reason, think, perceive, hear, discover and invent. As Muslim world fell to colonialism and defeatism trying to copy everything western, they never rose again on Islam and failed to return to the golden era of intellectual scientific thought. Major Muslim Contributions It can be said that modern world has been shaped and founded on major Muslim contributions such as surgery, university, coffee, algebra, flying machine, optics, music, toothbrush and the hospital202. Why Accept Islam? Islam creates correct belief, correct thought, correct behavior and correct emotion depending on the extent of understanding of Islam and textual adherence. This will help us think about ourselves (selfconcept), teach us to present ourselves to others, teach us about how to approach others’ thinking about us, help us become more aware about ourselves, the Ummah and the greater society, teach us how to interpret social information through constructing perspectives and lastly teach us to think about and evaluate others. As a consequence, we will be guided to become better society, better family, better government, better employee, better citizen, better international player and a better person spiritually and morally and ultimately victory in the hereafter. “Muslim Inventions That Shaped the Modern World - CNN.com.” Cnn.com, 2010, edition.cnn.com/2010/WORLD/meast/01/29/muslim.inventions/index.html 202