Friday Nasiha

Living The Quran

Gender Differences
Al-Baqara (The Cow) - Chapter 2: Verse 282 (partial

"... And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her ... "

No one argues about “biological differences,” or about the fact that “equality” should not mean necessarily “similarity.” Some may believe in “differences of functions” between men and women, but such differences are not to be interpreted necessarily in terms of superiority and inferiority. When the Quran requires two women to substitute a man in witnessing a credit, this does not imply any devaluation of the physical or moral abilities of a woman but it just refers to the fact that women in many cases, may be less familiar with business procedures - especially the detailed specifies and legal aspects - than men, and therefore they may be more liable for errors in this respect. Accordingly, it may be wise to make sure that “if one of them should make a mistake, the other could remind her.” This fact can still be noticed in many societies now, but it does not mean that a businesswoman, a female accountant or lawyer cannot equal a man as a witness.

Moreover, physical inconveniences through which women go through such as menstruation, pregnancy and childbirth, may not be considered always as crippling obstacles for their positive role in the society. Unless women are able physically, intellectually and morally to fulfill the comprehensive social responsibilities of enjoying what is right and forbidding what is wrong, the divine justice would not let them have such obligations. Early Muslim women were active with men side by side even in the battlefield, according to their abilities and to the community’s needs.

Women played their social role throughout history without being restricted by their physical particulars. Going out of the house for work or for any social activity and being involved in other responsibilities beyond the family, may help the woman physically and psychologically to overcome these physical inconveniences, and it also widens and enriches her knowledge and experience.

Modern progress in science and technology can allow the women better chances in carrying out her family and social responsibilities in difficult circumstances and overcoming physical inconveniences. However, the most painful of the menstrual period may often be one day or two, and such a short time should never justify a permanent ban on the social activities of women that are repeatedly emphasized by Islam.

In addition, one should not ignore the physical and psychological needs of women to practice their constructive role in the society, nor the positive effect of social experience on a woman even in her role as a wife and a mother. Physical activity is essentially needed for a pregnant woman before, during and after delivery. A paid delivery-vacation can be secured for a working woman by law, and she can have a leave of absence from her work for a certain time to take care of the baby if she wishes, while she maintains the right to resume work when she feels that she becomes able to do so. Crèches and nurseries-with qualified staff- can be available in the place of work or close to it. So as to allow a working mother to be with her baby whenever this is possible or necessary.

As for the housework and the childcare, this is not a permanent full-time work for a woman all her life. Many families may prefer to have a few children to fulfill for them the high ethical and educational standards required by the teaching of Islam. The mother care that the children need becomes less when they reach a certain age. Moreover, the man has to help his wife in the housework, as the Prophet and the Companions did. The housework and even nursing the baby are not legal obligations of the woman according to Sharia, but voluntary contributions to the family that have to be practiced only by her consent. When children grow up, a mother would have more time and energy to study, work or practice social activities.

Compiled From:
"Muslim Women - The Family and the Society" - Fathi Osman, pp. 29-31

Understanding The Prophet's Life

Prophet's Abstinence

We receive Islamic legal rulings from the Prophet (peace be upon him) in three ways: his words, his deeds, and his tacit approvals. Ibn Rushd asserts in Bidâyah al-Mujtahid that this is one of the undisputed principles of Islamic jurisprudence. As for the Prophet abstaining from something - that is not one of the three ways. 

So what are the legal implications of the Prophet (peace be upon him) not performing an act? 

A faulty assumption some people have is that if the Prophet did not do something, then it should not be done by his followers. This can create great hardships for people in their practice of Islam. For one thing, such people reject the approach of making concessions for the purpose of facilitation. They argue that if the Prophet did not apply a certain concession in a certain way, though the need for doing so would have been present, this is proof it is unlawful to do so. However, this is contradicted by a considerable body of evidence. 

1. The unlawfulness of something must be established by a specific prohibition or by what encompasses evidence of a prohibition in its general import. The Prophet said: “Whatever I prohibit you, you must avoid it.” [Bukhari, Muslim] 

The Prophet’s abstaining from something is not a prohibition nor is it something that encompasses evidence of a prohibition in its general import. Quite the contrary, the general evidence in Islamic Law indicates that hardships are to be avoided. 

2. There are many authentic hadith that show the Companions initiating actions and saying things that the Prophet (peace be upon him) did not himself do or say. They were never criticized for this. The talbiyah is a case in point. The people followed the Companions in the wording of the talbiyah, as indicated by the hadith of Jabir, and no one objected to their doing so. [Ahmad, Abu Dawud] 

Their wording of the talbiyah was different than the Prophet’s wording, which shows that the Prophet’s abstaining from something does not prevent anyone else from doing so. Indeed, the Prophet at times praised the Companions for their actions and at times remained silent without criticizing them. This shows there is flexibility in such things. 

3. There is no implication that what took place at the Prophet’s time indicates abandoning everything else and that nothing is open to increase or decrease. Such a notion is very imprecise and suspect. Its logic is faulty. The circumstances at the Prophet’s time called for certain things, but circumstances differ at other times, sometimes becoming more intense, which requires Muslim jurists to exercise juristic reasoning (ijtihad) in accordance with the general precepts of Islamic Law. 

A good example of this is the compilation of the Quran into a single volume. The Prophet (peace be upon him) never commanded his followers to do so. There was no need to do so during his lifetime. However circumstances changed after his time when many of the people who had committed the Quran to memory began to die off. This is why Abu Bakr ordered that the Quran be compiled in one volume. The Companions unanimously agreed to it. The same can be said for their congregating for tarawih prayer and increasing the number of prayer units they offered which took place during Umar’s reign. Likewise, Uthman added an additional early call for the Jumuah prayer when the city’s population increased. He also standardized the Quran which was compiled during his predecessor’s time and abandoned the practice of shortening his prayers during the Hajj. 

Those who have insight into Islamic Law make a distinction between the Prophet’s tacit approval of someone else’s action, which can be used to deduce a ruling that must be upheld, and the Prophet abstaining from an action, which only indicates that there is no objection to someone abstaining from it. There can be no further binding ruling, since circumstances govern such matters.

Compiled From:
"When the Prophet Did Not Do Something" - Abdullah bin Bayyah

Blindspot!

Demonstrations

“Is it Islamic to demonstrate?” I thought such a question was outdated but it does not seem to be the case, as some people claim to be scholars and confuse minds.

Some are asking for verses and prophetic traditions (ahadith) that would allow demonstrations. Actually the onus of real proof lies with those who forbid it. The first principle in Islam, in social affairs, is permission and it is for those who prohibit protests to provide us with a verse or a clear tradition (hadith) banning demonstrations. It simply does not exist!

Some “scholars of power”, from Saudi Arabia to Egypt (and indeed historically under all despots), produce fatwas, with questionable interpretations and biased positioning, stating that the leaders (whoever they are) must be obeyed and therefore demonstrations are prohibited. Serving the despotic powers and States, installed and paid by them, these “scholars” produce legal opinions tailored for power. These are not Islamic fatwas by scholars, but political fatwas by courtiers.

What the Prophet (peace be upon him) said is pretty clear: “The best jihad is a word of truth before a tyrant, a despot.” [Abu Dawud] This is exactly what those protesting in the streets are doing… they are speaking a word of truth where they live, where they are able to do so. It is a noble action, sometimes very brave because of the risks involved, and it is an action that is sometimes more a duty than a right.

We shall remember Moses and Aaron (peace be upon them) before Pharaoh: “Tell him gentle words, perhaps he will remember or he will be moved, shaken.” [Quran 20:44] There is a way of speaking: with firmness and gentleness, with courage and without violence. Gentleness and non-violence are indeed true courage: no insults, no vandalism, no racism. Dignified and powerful speech by women and men respecting themselves and their cause. As for those who vandalize or shout racist slogans, they express more their personal frustrations than they defend a cause. Or they are manipulated, or they are infiltrators trying to ruin the cause.

We should not be naive when organizing events: it is imperative to give every effort to be both heard and never instrumentalized or exploited. This is a requirement and a responsibility, but we must never be silent. In all circumstances, we need to remain wise and courageous. Simply put, … wise, and courageous.

Compiled From:
"Demonstrations are Anti-Islamic?" - Tariq Ramadan