Professional Documents
Culture Documents
The Religion
What Was Before Islam
Apart from Jews and Christians
The Islam
War between the Muslims and the Christians
The Good
Muhammad - The Prophet
The Revelation
The Wars
The Quran
The Opening
Allah!
Hijrah Calender
Circle of 30 years
12 Lunar Months Each year
Crescent Moon: Symbol of Islam
History behind the crescent moon.
Rules of Islam
The Pillars of Islam
Kalma
Namaz
Roza
Zakat
Benefits
Defaults of Roza
Exemptions
Exemption
Ramzan
5. Hajj - The Pilgrimage
Id-ul-Fitr
Mecca
Children and parents
Doing
God fear
Prohibition
Virtuous Conduct
Be good
Bribe
Feticide
Wine
Adultery
Extravagancy
Obscenity
Principles
Meaning and Sense
Solomon on Adultery
Punishment for Adultery
Ethics and Etiquette
Dress
Prohibited Food
(i) Burqa
The Veil
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ISLAM AS I KNOW
The Religion
The word Religion is derived from the Latin word religis which means to
bind; to read again. Religion has a binding force. Binding by ethics and
morals and it is for the welfare of the mankind. Every religion has Holy
Books, which has to be read again and again. Every reading will give you a
light, a vision and the realisation. Man is born free but everywhere he is
bound in chains. 1 The religious chains are for the welfare of the individual as
well as for the society. Religion shows the path of goodness and
righteousness.
The worldly deeds are done by the application of mind. The works require
logic. But the religion is purely a matter of faith. It is only the faith which
makes the Black Stone of Kaba the Hazra Aswad and the stone in the
temple the Shiv Ling Lord Shiv and without faith the stone is only a
stone nothing else. 2 Thus the religion is a matter of faith and develops in the
heart.
Religion is the righteousness and hence called Dharma which holds the
society together. Lack of religion may cause to chaos, confusion and
unworthiness. Dharma is essentially a rule of interdependence, founded on a
hierarchy corresponding to the nature of things and necessary for the
maintenance of social order. To break away from it is to violate ones destiny
and to expose oneself to the loss of ones salvation.
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J. J. Russo
Maithli Sharan Gupta, the national poet of India.
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The Genesis speaks that God is one and he created the heaven and the
earth. There was darkness. God created light day and night, evening and
the morning. It was the 1st day. God created the firmament heaven. It was the
2nd day. Then dry land, i.e., earth and sea, herbs, grass, fruit trees. It was the
3rd day. Again He created seasons, stars etc. It was the 4th day. Then whales
living creatures. It was the 5th day. Then cattle, and creeping things, and
beast. God created man in his own image and a female for him. He blessed
them to be fruitful and dominion. It was the 6th day. On 7th day he took rest.
No work. No fire even to cook the food. 1 Ibrahim was an idol worshiper and
God selected him after Nuhu. His son was Ishhak who was the father of
Yakub, the father of 12 original man. Yakub went to Mishra along with his
sons. 2
The kings of Mishra country tortured the Israelis. Here the God selected
Musa. The Jews reached to the Senai Mountain from Mishra where in
15-16 BC God dictated ten rules on to stones but they started the idol
worship. In the next three Books the rules were subtracted and added
according to the circumstances. The truth of all the five Holy Books is that
God is one. He is the creator of the universe. He is the supreme and
sovereign. The sins separate the man from God. He will be happy who obeys
Him otherwise God will punish him. 3 These statements deserve to be
compared with the definition of law given by John Austin, the father of the
Jurisprudence. Austin said that law is the command of the sovereign backed
by sanction, i.e., which will not obey it, he will be punished. The whole
system seems to be based on the theory of punishment. It seems that the God
is dictating the Law as Indian Panel Code and Criminal Procedure Code and
who will deviate, he will be punished accordingly.
There were Jews and Christians and their books Torait and Bible are also
the sky Books. These books have come from the sky before the Quran. The
Jews used to say that the Christian has no backbone. The Christian says that
the Jews have no base. But the Prophet Muhammad said that the path of
Allah is the real path full of truthfulness.
Islam is not different from Judaism and Christianity, out of which it grew.
The latter also have elements resistant to change. But Islam has been more so
because it has been less obliged than the other two to surrender to change.
While Christianity and Judaism have come to terms with life in secular
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world, Islam is still grappling with it. 1An inner teaching, it speaks both to
persons and to souls, individually and collectively.
The Quran makes a fervent appeal to the people, loud and clear to organise
them in order to invite humanity to all that is good; to enjoin what is right;
and to forbid what is wrong. Careful examination of the Quran today,
however, shows that its knowledge of biblical stories and events is minimal,
whereas it contains much deep truth about the being of God and his dealings
with the human race. This is a strong reason why the non- Muslim should
accept the belief that somehow or other the Quran comes from God.
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Muslims were killed in this war. The 8th religious war was fought under the
leadership of Pope and the kings and so many centres of Islamic culture
were destroyed. But in 1291 AD the Muslims defeated the Christians near
Aker in Latin America. After it in 1948 Philistine was divided and Israel was
formed for the Jews and it created a new foundation of enmity among the
Muslims and the Christians because the Muslims are of the opinion that it is
only America who created the Israel. 1
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The Islam
The Arabic word Islam means submission, surrender, and obedience. It
signifies complete submission to the will of God. Its literal meaning is
peace. The submission and obedience to God bring the peace of body and
of mind. It gives strength to the heart.
The nature has its own law and order. Every thing and each happening is
under strict rules whether the rotation of the earth, rising of the sun, the moon
and the stars and all the happenings which we see daily. The world around us
obeys the laws, which have excited the curiosity of human beings. 2 It is the
law of God, Who is the Creator and Ruler of the universe. God is the Lord of
the universe. Islam is a monotheistic religion like Judaism and Christianity.
The three simple words La Ikra Fiddin means no compulsion in religion
contain the essence of Islam and shows secularism.
To umpteen non-Muslim friends of mine, Islam is an intolerant and
aggressively proselytising religion whose followers enforce conversion under
the threat of death, destroy shrines and idols of other religions and indulge in
terrorism in the name of religion. This is because religions are often judged
by what their most debased, fanatical and intolerant followers do. This holds
true in the case of Islam. Whenever theres a tragedy of the kind like the
Afghan war, the Babri Masjid imbroglio, the triple talaq or the cases of
fatwas against author Salman Rushdies Satanic Verses or Taslima
Nasreens Lajja, a quarrel over Islam begins and it appears that there are
many Islams and as many forms of jihad. There is the Islam that Osama bin
Laden follows. Then there is the Islam adhered to by the Muslim intellectuals
or moderate clerics like Mufti Mukarram, the Imam of the Shahi Masjid
Fatehpuri. Yet politicians propagate another form. The question is what
exactly is real Islam? Whatever the answer to that may be, Islam is certainly
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not what the Osama bin Ladens practise or what the so-called Kashmiri
jihadis espouse. Some might even ask whether Islam is a conglomeration of
all these forms? Certainly not. Islam propagates peace. It means submission
before the Almighty. It is not submission to terrorism. 1 The world-wide
demonstrations in support of Osama bin Laden and Al Qaida, are proof of
Islams complicity in terrorism. 2
Islam seeks peace like the other religions and it has no relation with
terrorism. It is only the false prophets like Osama bin Laden who mislead the
community on the name of Islam while they do so to achieve their own
selfish evil ends.
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The Good
Budding to well be the doctrine of rejecting the reprehensible al nali an al
munkar. The Quran directs the community to invite to all that is good and
enjoins the doing of what is right and forbid the doing of what is wrong. The
Prophet had said, whoever sees something reprehensible, let him change it
with his own hands, and if he is unable, with his tongue, and if he is unable
to do that, in his hearts.
Firoz Bakht Ahmed, Islam Is For Peace And Not Terrorism, TOI,
5.11.2001.
2
Salman Rushdie, The Guardian, TOI, 12.11.2001
by her two husbands. She was 40 years old. She sent an offer to Muhammad
for marriage. Muhammad accepted the offer and both of them got married.
She remained alive 26 years after the marriage and died at the age of 66
years.
This life history shows that Muhammad borne in an ordinary family and
passed the childhood in a simple and ordinary way. He married with such a
lady who had lost her two husbands earlier. It indicates that he was a man of
earth. He lost his mother in his very early childhood. He faced the miseries
since his birth. There was no bed of roses for him. There were tribes in Arab.
They used to fight with each other. It was the period of war and conflict
when Prophet Muhammad was born. The sword was regarded as the sign of
power. It was the opinion of the Arabs that the greatest check of war is war.
Once the rain destroyed the pious house of Kaba. It was built by all together
but quarrel started on the question to put the black stone Hazra Aswad.
Everybody desired to put it but none could do. Muhammad put the black
stone at Kaba. This incident distinguished him from others.
Even though remaining busy in business, Muhammad used to participate
with the problems of others. He was unhappy with the quarrels of the country
people. He wanted to finish the shirk and the worships of the idols.
The Revelation
An Angel came when he was worshipping in Ghar-e-Hira in a month of
Ramzan. The angel asked him to read. He replied, I am not literate. The
angel repeatedly forced him to read but each time Muhammad replied that
he was illiterate. Third time the angel said, Read on the name of your
Rab who had made the man by blood. Read, Rab is great. The man was
unknown and Rab taught him all the things. It was the first revelation. 1
Muhammad afraid too much. He covered himself by blanket and lay down.
Khadija said that his life was in danger. She brought him to the old Christian
Varka Bin Nofal. The old man told them that it is that angel who had come to
Musa and God chose you as Prophet.
Muhammad used to go in the Hira cave upto six months but no revelation.
The second revelation 2 came and ordered to lead the people and to praise the
God Who is great. Muhammad propagated Islam upto 13 years in Mecca and
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10 years in Madina. Thus Islam started and Khadija was the first, then Ali,
Abu Bakr Siddiq and the Peon Jaid Bin Harisa. Muhammad faced so many
difficulties in the beginning. People laughed upon him and also blamed him.
There was a tradition in Arab that at danger one may go to the hill and call
ya sahiba. Muhammad did so. He told the people that there is only one God
and he is the master of all. Dont worship any other except God. If you will
not follow me, there will be a hard trouble for you.
He compromised with Hubaidia and won Mecca. He delivered his speech in
the field of Arafat. He fell ill and died on 12 Rabi-ul-abbal years 12 Hizri.
Before his death the whole of the Quran had revealed and written. It took 23
years in its revelation and it is in 114 parts, called Suras containing 6,304
signs called Ayaten. It was the age of 40 when Muhammad had become the
Prophet.
Beware of the discernment of the true believer, for he sees by the light of
God. 1
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The Wars
Muhammad faced a great opposition and a social boycott. He left Mecca and
went to Madina where Jews and Christians were living. He spread Islam
there. Muhammad fought 38 wars in which 9 were big. The following fights
were important:
1. War of Badra
2. War of Uhud
3. War of Khandak.
4. War of Khaiber.
5. War of Hunain.
6. War of Tabuk.
The Quran
This is the Holy Book of Islam. The founder of Islam is Prophet
Muhammad 2 and Quran is its Holy Book, which contains 114 Suras
containing 6238 signs. Each Sura contains the Sign called Ayaten
which are the sayings of God through Prophet Muhammad. The Quran is
revealed on the earth in 23 years. Quran is an Arabic word means the
Reintal or reading.
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Prophet Muhammad
570 - 632A.D.
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Quran is a spiritual book for the whole mankind. Non-Muslims should also
study it. It is a sky book. It speaks on the various aspects of life. There is
secularism in it but it will require a healthy vision of reading and
understanding.
Islam is based on Quran. There is a repetition of the virtues of Allah, Toheed,
Akhirat, Risalat, God fearing, patience etc. There are laws, rules and
regulations in it but it will be against the truth to say that Quran is a book of
law. It was the month of Ramzan in which the Quran was revealed and thus it
has become the pious month of fast, i.e., Roza. The then Prime Minister Atal
Bihari Vajpayee has paid his respects to this pious month by forbidding the
militant activities even against the terrorists in J&K in the year 2000 - 01.
The Quran lays down that all human beings are born innocent and are
accountable for their deeds. It prohibits the evils, viz, intoxicants, gambling,
adultery, oppression, corruption, murder and female infanticide etc. 1 The
Quran commands that the followers of other faiths must be respected and
treated with kindness. 2 It speaks the unity of God. No gods but God. Oneness
of God is called Tawhid.
The Quran is not only a spiritual guide, a code of ethics and a hand book of
morals, but it also contains rules and regulations for the day-to-day affairs of
the world, covering diverse fields such as individual and social, political and
economical, marriage, divorce, inheritance, usury, theft, adultery, and many
more. In fact, the Quran gives a device on every matter of daily life, such as
how a believer should enter a house, how he should greet someone, how he
should dress or talk, walk, eat, worship, handle his wealth etc.
The Quran constantly stresses the need for intelligence in deciphering the
signs (ayat) or messages of God present in the nature. Men are not to
abdicate their reason but to look at the world attentively and with curiosity.
In the words of Karen Armstrong:
But the greatest sign of all was the Quran itself indeed its individual verses
are called ayat The early suras in particular give the impression of human
language crushed and splintered under the divine impact It is not a book to
be read simply to acquire information. It is meant to yield a sense of divine,
and must not be read in haste It was Quran which prevented God from
being a mighty reality out there and brought him in to the mind, the heart
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2
The Quran makes a fervent appeal to the people, loud and clear to organise
themselves in order to invite humanity to all that is good; to enjoin what is
right; and to forbid what is wrong. There may spring from you a nation who
invite to goodness and enjoin right conduct and forbid indecency.
Careful examination of the Quran today, however, shows that its knowledge
of Biblical stories and events is minimal, whereas it contains much deep
truth about the being of God and his dealings with the human race. This is a
strong reason why the non- Muslim should accept the belief that somehow or
other the Quran comes from God. 1
The contents of Quran are:
In the name of Allah, the Beneficent, the Merciful.
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Sura
Number
Subject
Revealed
place
Number of
Aiyats
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Al-Fatiha
Al-Bakra The Cow.
Aley-Imran. The Family Of Imaran
An-Nisa. Women
Al-Maida. The Table Of Spread
Al-Anaam. Cattle
Al-Aaraf. The Heights
Al-Anfal. Spoils Of War
At-Tauba. The Immunity. Repentance
Younus Jonah
Hud. Hud
Yusuf. Joseph
Ar-Rad. The Thunder
Ibrahim. Abraham
Al-Hijr
An-Nahl. The Bee
Bani-Israel. The Children Of Israel
Al-Kahaf. The Cave
Maryam. Mary
Ta-Ha
Al-Ambia. The Prophets
Al-Hajj. The Pilgrimage
Mecca
Madinah
Madinah
Madinah
Madinah
Mecca
Mecca
Madinah
Madinah
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
7
286
200
177
120
166
206
75
129
109
123
111
43
52
99
128
111
110
98
135
112
78
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57
58
59
60
Mecca
Madinah
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Madinah
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
118
64
77
227
93
88
69
60
34
30
73
54
45
83
182
88
75
85
54
Mecca
Mecca
Mecca
Mecca
Mecca
Madinah
Madinah
Madinah
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Madinah
Madinah
Madinah
Madinah
53
89
59
37
35
38
29
18
45
60
49
62
55
78
96
29
22
24
13
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98.
99.
100.
Madinah
Madinah
Madinah
Madinah
Madinah
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
14
11
11
18
12
12
30
52
52
44
28
28
20
56
40
31
50
40
46
42
29
19
36
25
22
17
19
26
30
20
15
21
11
8
8
19
5
8
8
11
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
Mecca
11
8
3
9
5
4
7
3
6
3
5
4
5
6
6238
The Opening
The first chapter 1 of Quran is The Opening. It revealed at Mecca in the
form of a prayer. It is the concentrate of the whole Quran and the whole
Quran is the spectrum of it. It is in the praise of Allah who is the Lord of the
universe.
This Sura is known as Al-Fatiha. The starting of the writing of books etc.
is called Al-Fatiha in Arabic. It is the opening of the Holy Quran. This Sura
is the brief of the Book and the whole of the Quran is the expansion of it.
There is a prayer from the Man to Allah to move him on a simple and
straight path. In its reply the Lord of the world keeps before him the Holy
Quran and said that it will show the simple and straight path to the mankind.
Read it again and again and you will get the vision and realisation. This is the
Scripture whereof there is no doubt, guidance to those who ward off evil. 2
This Sura contains the seven signs in the name of Allah, the Beneficent, and
the Merciful.
1. Praise is to Allah, Lord of the Worlds.
2. The Beneficent, the Merciful.
3. Owner of the Day of Judgement.
4. You alone we worship; you alone we ask for help.
5. Show us the straight path.
6. The path of those whom Thou hast favoured.
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2
1 : 1-7
2:2
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7. Not the path of those who earn your anger or of those who go astray.
Allah!
The word was Al-Ilha which has now become Allah.
Al means The and it is used to convert the common noun to the proper
noun. Allah means the Supreme Power, The Only Chief, The Owner of
the whole world. There is no god except Allah. Only He is to be worshipped.
Ilah means the Supreme which cant be seen by naked eyes and whose
secrets beyond know, who can provide peace and that called in miseries and
the only to be worshipped. He is the sovereign of the heavens and the earth.
There is no friend or helper except Allah. 1 Allah is All-Embra cing and AllKnowing. 2 Your God is one God, the Allah! There is no God except Him,
The Beneficent, and the Merciful. 3 Allah is Mighty, Able to requite the
wrong. 4 Nothing in the earth or in the heavens is hidden from Allah. 5 It is He
who fashioned you in the wombs. 6 Allah is the Alive, the Eternal, the
Almighty, and the Wise. He quickened and He gave death. 7 He is Lord of the
Tremendous Throne. 8 All that is in the heavens and the earth is Allahs.
Allahs promise is true. 9 And Allah is the invisible of the heavens and the
earth, and to Him the whole matter will be returned. 10 He is the Known of the
invisible and the visible, the Great, and the High Exalted. 11 Allah is able to
do all things. 12 Praise is to Allah. He doesnt have any protecting friend
through dependence. And magnify Him with all magnificence. 13 Our Lord is
He Who gave to everything its nature, and then guided it aright. 14 Allah is
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2 : 107
2 : 115
2 : 163
4
3 :4
5
3 :5
6
3 :6
7
7 : 158
8
9 : 129
9
10 : 55
10
11 : 123
11
13 : 9
12
16 : 77
13
17 : 111
14
20 : 50
3
17
Mild, Forgiving and the True. 1 He created for you the ears and eyes and
hearts. 2 Now Allah be exalted, the true King! The Lord of the Throne of
Grace. 3 He has chosen no son nor does He have any partner in the
sovereignty. 4 Lord knows what their breasts conceal and what they publish. 5
publish. 5 Everything will perish except His countenance. His is the
command, and to Him you will be brought back. 6 Allah is Subtle and
Aware. 7 Made all things good, which He created, and He began the creation
of man from clay; then He made his seed from a draught of despised fluid;
then He fashioned him and breathed into him of His spirit; and appointed for
you hearing and sight and hearts. 8 He appoints the angles and the messengers
messengers having wings two, three and four. He is the Mighty, the Wise. 9
He created you from one being, then from that He made its mate; and He has
provided for you of cattle eight kinds. He created you in the wombs of your
mothers, creation after creation, in a threefold gloom. Such is Allah, your
Lord! How then is you turned away? 10 The Forgiver of sin, the Acceptor of
repentance, the Stern in punishment, the Bountiful. 11 He is the Exalter of
Ranks, the Lord of the Throne. His castes the Spirit of His command upon
whom He will of His slaves that He may warn of the Day of Meeting. 12 He
knows the traitor of the eyes, and that which the bosoms hide. 13 He it is that
gave livelihood, the Lord of unbreakable might. 14 And that He it is who gave
death and life. He created the two spouses, the male and the female; from a
drop of seed when it is poured forth. 15 Allah, the Creator, the Shaper out of
naught, the Fashioner, His are the most beautiful names. All that is in the
heaven and the earth glorified Him. And He is the Mighty, the Wise. 16 Allah
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22 : 60, 62
23 : 78
3
23 : 116
4
25 : 2
5
28 : 69
6
28 : 88
7
31 : 16
8
32 : 7-9
9
35 : 1,2
10
39 : 6
11
40 : 3
12
40 : 15
13
40 : 19
14
51 : 58
15
53 : 43-46
16
59 : 24
2
18
it is Who has created seven heavens, and of the earth. 1 He has neither wife
nor son. 2 The punishment of your Lord is stern. He it is Who produced, then
reproduced, and He is the Forgiving, the Loving, Lord of the Thr one of
Glory, doer of what He will. 3 Praise the name of you Lord the Most High,
Who created, then disposed; Who measured, then guided; Who brought forth
the pasturage, then turned it to russet stubble. 4 Is not Allah the most
conclusive of all judges? 5 There is none comparable to Him. 6 Neither
slumber nor sleep could overtake Him. To Him belonged whatsoever is in the
heaven and whatsoever is in the earth. Who is he that interceded with Him
except by His leave? He knows that which is in front of them and that which
is behind them, while they encompass nothing of His knowledge except what
He will. His Throne included the heavens and the earth and He is never
weary of preserving them. He is sublime, the Tremendous. 7 Believe in Him
with submission and follow not the footsteps of the devil who is an open
enemy for you. 8 Allah tasked not a soul beyond its scope. For it is only that
which it has earned, and against it only that which it has deserved. Our Lord!
Condemn us not if we forget, or miss the mark! Our Lord! Impose not on us
such a burden that which we have not the strength to bear! Pardon us,
absolve us and have mercy on us. Our Protector! Give us victory over the
disbelieving folk! 9
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Hijrah Calendar
Muslims do not traditionally celebrate the beginning of a new year.
Muslim measure the passage of time using the Islamic (Hijrah) calendar.
This calendar has twelve lunar months, the beginnings and endings of which
are determined by the sighting of the crescent of moon. Years are counted
1
2
65 : 12
72 : 3
85 : 12-16
87 : 1-5
5
95 : 8
6
112 : 1-4
7
2 : 255
8
2 : 208
9
2 : 286
4
19
since the Hijrah, which is when the prophet Muhammad migrated from
Mecca to Madinah. 1
The Islamic calendar was first introduced by 'Umar ibn Al-Khattab' in
approximately 638-639 A.D.
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Circle of 30 years
This calendar runs under the circle of 30 years. Each 2,
5,7,10,13,16,18,21,24,26 & 39th year remains as the leap year.
Islamic calendar was the Hijrah, since it was an important turning point for
the Muslims community. After the emigration to Madinah, the Muslims were
able to organize and establish the first real Muslim community with social,
political, and economic independence. Life in Madinah allowed the Muslim
community to mature and strengthen, and the people developed an entire
society based on Islamic principles.
The Islamic calendar is the official calender in many Muslim countries,
especially Saudi Arabia. Other Muslim countries use the Gregorian calender
for civil purposes and only turn to the Islamic calender for religious
purposes.
There are 12 Months in each Islamic calendar which contains 30 and 29 days
respectively. At the end of Dhul-Qi'dah, one day is increased at the 12th
month, in the leap year. It means the each general year contains 354 days
while there are 355 days in the leap year. The moto, to add one additional
day in the leap year, is to adjust the date of the first day with the new moon.
In Islam, the new moon has special importance in the month of 'Ramjan'
when the Muslim keep the fast which is known as 'Roja'. It is essential for
every Muslim to see the moon, with naked eyes, at the beginning as well as
at the end of each 'Roja'.
12 Lunar Months Each year
The Islamic year has twelve months that are based on lunar cycle. Allah says
in the Quran: The number of months in the sight of Allah is twelve (in a
year) - so ordained by Him the day He created the Heavens and the
earth..... 2 It is He Who made the sun to be shining glory, and the moon to
light of beauty, and measured out stages for it, that might you know the
number of years and the count of time. Allah did not create this except in
truth and righteousness. And He explains His signs in detail, for those who
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1
2
under stand 1. And in his final sermon before his death, the Prophet
Muhammad said, among other things, With Allah the months are twelve;
four of them are holy; three of these are successive and one occurs singly
between the months of Jumaada and Sha' ban. Islamic months begin at
sunset of the first day, the day when lunar crescent is visually sighted.
The Lunar year is approximately 354 days long, so the months rotate
backward through the season and are not fixed to Gregorian calender.
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1 : 05.
21
and is even part of the official emblem for the international federation of Red
Cross and Red Crescent Societies. The Christians have the cross. The Jews
have the Star of David, and the Muslims have the crescent moon.
History of the Crescent Moon
The crescent moon and star symbol actually pre-dates Islam by several
thousands years. Most sources agree that these ancient celestial symbols were
in use by the people of central Asia and Siberia in their worship of sun,
moon, and sky Gods. The Crescent moon and star were used to represent the
Carthaginians' Goddess Tanit or the Greek Goddess Diana.
The city of Byzantium (later known as Constantinople and Istanbul) adopted
the crescent moon symbol. In honor of the Goddess Diana others indicate
that it dates back to a battle in which the Romans defeated the Goths on the
first day of lunar month.
The early Muslim community did not have a symbol. During time of the
prophet Muhammad, Islamic armies and caravans flew simple solid-colored
flags (generally black, green or white) for identification purposes. The
Muslim leader continued to use a simple black, white or green flag with no
markings, writing, or symbolism on it.
It wasn't until the Ottoman Empire that crescent moon and star became
affiliated with the Muslim world. When the Turks conquered Constantinople
(Istanbul) in 1453, they adopted the city's existing flag and symbol. Legend
holds that founder of the Ottoman Empire, Osman, had a dreamed in which
the crescent moon stretched one end of the earth to the other. Taking this as a
good, omen he chose to keep the crescent and make it the symbol of his
dynasty. There is speculation that the five points on the star represent the five
pillars of Islam, but this is a pure conjecture. The five points were not
standard on the Ottoman flags, and as you will see on the following page, it
is still not standard on flags used in the Muslim world today.
Rules of Islam
1. Toheed
God is one.
2. Adal
God is judicious. Not Cruel.
3. Nabbuwat God created 1.24 lacs prophets. Hazrat Adam, the first and
Hazrat Muhammad Mustafa was the last Prophet. No prophet after
Hazrat.
4. Imamat Each Prophet appointed his assistant.
5. Qayamat There will be a day when all will die. Except God there
shall be nothing, neither the sky, earth, sun, moon nor anything else. God
22
will give life to them to do the justice and will place them Bahishat and
Dojakh as per their deeds. 1
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1. Kalma
It is the declaration of Faith and also known as Shahada or Kalma.
And your God is but One God; there is no god but Allah, Most Gracious,
Most Merciful. 2 Muhammad is the Messenger of God. 3
The life of the Muslim begins and ends with Shahada
La ilaha illa Allah Muhammadu Rasool Allah. Means
There is no deity but God; Muhammad is His Prophet.
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2. Namaz
Prayer is faith. The prayers should be intense and urgent. Prayer is a master
act, a king idea, which link mans power with a transcendental supreme
force. (Aurobindo) Pray to Him in any way you like. He is always sure to
hear you. He can even hear the footfall of an ant. (Ramkrishan) Pray with
dedication, with awareness, with imagination, with joy, with compassion.
Pray creates spiritual transformation leading to distinct clear and greater
vision. True prayer is not only done for one self-alone but also for the
welfare of the whole mankind.
It is the Prayer called Salat.
Saiyad Farman Ali, Deeniyat and Namaz, Abbas Book Agency, Dargah
Hazrat Abbas,
Rustam Nagar, Lucknow
2
2 : 163
3
48 : 29
23
Recite from the Book of Revelation and establish regular prayers. Prayers
keep people away from shameful and evil deeds. Gods remembrance is best
for the welfare. 1 Every Muslim, male or female, must offer five daily prayers
on time, if there is no lawful reason for exemption. These daily prayers are
(i). Fajr
: It is the early Morning Prayer and also known as Subah.
(ii). Zuhr
: It is the noon prayer.
(iii). Asr
: This prayer is offered at mid afternoon.
(iv). Maghrib: This prayer is done after the sunset.
(v). Isha
: This is the night prayer.
The nature, body postures and the formulas uttered during the prayers are
basically the same but it differs in the number of repetitions of the process
called Rakah, the unit. Thus the duration of prayer is different. The prayer
brings the believer in intimate and confidential converse with Allah. The
mode of spiritual devotion is like the yogic postures and physical exercises. 2
The obligatory prayers, when performed in a mosque, offer an image of
unity, the worshippers standing shoulder to shoulder, bowing in unison and
prostrating in unison, and yet each individual man or woman ignores those
on either side, aware of standing before God in solitary communion. Their
eyes are directed towards the qibla, which marks the direction of Mecca.
They glance neither to the right nor to the left. This prayer exemplifies the
human situation a community of solitaries, solitude in community.
One of the advantages of the prayers which a Muslim is commanded to
perform five times each day is that they interrupt his work and draw him
back from the lesser to the greater activity. The job and all the anxieties
associated with it are put in their place, subordinate to the act of
remembering God and giving Him His due. 3
The prayer can be performed individually, in-group or in congregation. The
later is more meritorious. Mosques are built for the purpose of
congregational prayers. At the time of each prayer the announcement is
made from the mosques to remind the people the time of the prayer. It is
known as Adhan, the Prayer Call. It consists of seven steps of which the
sixth is a repetition of the first:
1. Allah akbar
- God is Most great.
2. Ash
- hadu an la ilaha illa Allah - I bear witness that
there is no god but God.
3. Ash
- hadu anna Muhammada rasool Allah - I bear
witness that Muhammad is the Messenger of God.
P
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29 :45
This is Islam, Supra, p. 100
3
Ibid.
2
24
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3. Zakat
It is the sharing of wealth for the poor and needy. The literal meaning of
Zakat is to purify. The technical meaning of word designates the annual
amount in kind or money, which a Muslim with means, must distribute
among the rightful beneficiaries. 2 It is the giving of alms and donations
minimum 1/40th of the income.
The alms are collected to free the captives and the debtors.
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4. Roza
Roza means fasting. It is a duty or farz. It is one of the five pillars of Islam
and next to Namaz. Denial of Roza in Ramzan amounts to disbelief. Roza is
to seek the mercy of Allah and to atone for sins and errors. It shows deep
love to God. The fasting is mandatory for the believers. Fasting must be
observed from dawn to dusk every day in the month of Ramzan. Roza
requires abstaining from food, drink and physical intimacy.
The definitive name of Roza is Sawm means to stop, to rest, to stay or to
pause. Sawm is used as a person stops himself, since the morning to the
sunset, from three things
(i). Eating,
(ii). Drinking and
(iii). Intercourse.
It is the control on the senses giving rise to self-control.
Ibid
Id.
2
Ibid
25
Roza starts since the early morning before the sunrise by taking the meal
known as Sahari. Sahar means the early morning. Without Sahari the
Roza will not be much fruitful. Nothing can be taken throughout the day. Just
after the sunset the Rozadar should eat immediately. It is believed to Aftar
the Roza by date palm.
Benefits
Fasting disciplines the passions and desires and elevates the self above
temptations of a physical nature. It brings a person closer to God, reminding
him of a spiritual life beyond that unstained by food and drink. Fasting is for
Allah and He rewards it. Roza is the inner worship and directly related to the
heart and hence very much pious.
In the last days of Ramzan probably on the 23, 25 or 27 day Shabey
Kadra comes which is better than the thousands nights. The pray of this
night is better than the prayers of other nights.
Exemptions of Roza
Roza remains unaffected by the followings:
(i). by eating unknowingly.
(ii). by natural vomiting.
(iii). by collyrium.
(iv). by swallowing salvia.
Defaults of Roza
The following breaks the Roza:
(i). by going the water below the throat at the time of gargling.
(ii). by oiling in the ear and nose.
(iii). by swallowing the blood coming out from the mouth.
(iv). by cleaning the teeth by powder or paste.
Exemption
The following people are exempted from Roza:
(i). the ladies during menstruation.
(ii). the sick persons.
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26
(iii). the Roza can be broken in stomachache, by bitten by the snake or any
such type of misery.
(iv). during journey days but the same number must be completed by the
other days.
Instructions
(i)
It is made lawful for you to go to your wives on the night of the fast.
They are raiment for you and you are raiment for them. So hold
intercourse with them. 1
(ii)
Eat and drink until the white thread become distinct to you from the
black thread of the dawn.
(iii) Then strictly observe the fast till nightfall and touch them not.
(iv)
Be at your devotions at the mosques.
(v)
A believer is not to eat or drink even a drop of water.
(vi)
Smoking and indulgence in sexual intercourse also are not permitted
during the hours of fasting.
These are the limits imposed by Allah. 2
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Ramzan
The word Ramzan is derived from an Arabic word Ramj means the excess
of heat. It was too hot at the order of fasting for the first time. Also Arab is
too hot. Being in the summer the month was called Ramzan. The Rozas of
Ramzan started since 2 Hijri.
Ramzan falls in the 9th month of the lunar calendar. In this month Muslim of
the whole world keep Roza. In the month of Ramzan Allah revealed AlQuran to Prophet Muhammad through angel Jibrail. In Ramzan the famous
battle of Badra took place on the outskirts of Madina. Ramzan is a month of
forgiveness. It gives countless blessings of Allah. In this month Allah opens
all the doors to the heaven and closes that to hell. Ramzan is the month of
mercy and self-restraint. It is the month of introspection to evaluate oneself.
Ramzan is a time of atonement for all of the sins committed during the year.
Ramzan is not obligatory on old people, on sick persons or convalescing. It is
the month to help the poorer and the neediest. It is the month of God and
spirituality. The first ten days of Ramzan are of rahamat, the next ten days
P
1
2
Quran Mazid
Ibid
27
of magfirat and the last ten days of freedom. In this month one gets the
prosperity and mercy of God.
Id-ul-Fitr
The end of Ramzan is celebrated with festive gaiety and the day of this
festival is known as Id-ul-Fitr. On this day the Muslims wear new clothes
and exchange greetings by saying Id Mubarak which is the congratulation
on the successful completion of fasting.
5. Hajj - The Pilgrimage
Labbaika Allahumma Labbaika .....
O Lord! We heard your Call and we came.
It is a pilgrimage to Mecca and performance of the religious rites around
Kaba and its vicinity.
Hajj must be done at least once in a lifetime. It is obligatory to every Muslim
whether male or female. The religious rites performed during Haz are
complete submission and devotion to God. It is an example of submission
and obedience.
Exemptions and Alternates of Hajj
1. If you are prevented, then send gifts and shave not your heads until the
gifts have reached their destination. 1
2. And who is sick or has an ailment of the head must pay a ransom of
fasting or almsgiving or offering. 2
3. And whosoever cannot find such gifts, then a fast of 3 days while on
pilgrimage and of 7 when you have returned. It is 10 in all. 3
4. Financially weak, physically handicap or mentally disable persons are
exempted from the pilgrimage.
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Mecca
God proposed the holy House at Mecca for Abraham. It is a resort for
mankind and a sanctuary. It is the place where Abraham had stood to pray.
So it was ordered to take it as a place of worship. It is the House of God. God
1
2 : 196
2 : 196
3
2 : 196
2
28
imposed a duty upon Abraham and Ismael to purify His House for those who
go around and those who meditate therein and those who stand and those
who bow down and prostrate themselves in worship. 1 Proclaim the
pilgrimage. 2 The devotion reaches to Him. Muhammad was commanded to
serve the Lord of this land, 3 which He has hallowed. 4 The first sanctuary was
made at Mecca. It is a blessed place, guidance to the peoples. 5 And
pilgrimage to the House is a duty to Allah for mankind. There are plain
memorials of Allahs guidance. 6 Allah established Mecca an honourable
place and Kaba, a place of peace and centre of worship. 7 To run between
Safa and Marwa is a part of Hajj. 8 To quarrel at Kaba is a sin. 9 From all
over the world the Muslims assemble at Mecca to the call of God and for
complete surrender and obedience. Hence perform the pilgrimage and visit to
Mecca for Allah 10 and seek the bounty of your Lord.
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Period of Hajj
Hajj takes place during the first days of the lunar month of Dhul Hijj,
with its climax on the ninth of month, Arafa gathering. On the following day,
Muslims throughout the world observe one of Islams two major festivals,
Eid al-Adha, the other celebration being Eid al-Fitr after the conclusion of
fasting of Ramzan. 11
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Doing
Remember Allah at Mash a re Haram, the place where the Hazis stay
returning from Arafat and this place is also known as Muzdaffa. 12
And when you have completed your devotions, then remember Allah 1 and
pray, Our Lord! Give to us the good and guard us from the doom of Fire. 2
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2 : 125; 22 26
3 : 27
3
2 : 158
4
27: 91
5
3 : 96
6
3 : 97
7
27: 91; 28 57
8
2 : 158
9
2 : 191
10
2 : 196
11
Ibid
12
2 : 198
2
29
Prohibition
There should be no quarrel. There should be a feeling of brotherhood.
Fight not with the disbeliever at the Inviolable Place of Worship Kaba. 3
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God fear
1. Observe and be careful of your duty to Allah, and know that Allah is
severe in punishment. 4
2. Allah is swift at reckoning. 5
3. Allah is aware of evildoers. 6
4. Allah is witness of what you do. 7
5. Allah does not love the treacherous ingrate. 8
So all of you come into submission to Allah 9 and do the Haz.
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Virtuous Conduct
Quran shows the path of virtues. It tells us about the good conduct. Quran
gives instructions and wisdom, justice, judgement and equity. A wise man
will hear and will increase learning.
Children and parents
1. No father can give a better gift to his son than good manners. Wisdom is
better than rubies and all the things that may be desired are not to be
compared to it. So a father should give wisdom to his son. A son should
hear the instructions of his father to be wise. A wise son hears his fathers
instructions. The law of the wise is a fountain. Good understanding gives
favour. A fool despises his fathers instructions. How much better is to
get wisdom then gold! And to get understanding rather to be chosen then
1
2 : 200
2 : 201
3
2 : 191
4
2 : 196, 203
5
2 : 202
6
2 : 95
7
3 : 98
8
22 : 38
9
2 : 208
2
30
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Be good
1
Solomon.
Id.
3
Id.
4
Id.
5
Id.
6
17 : 23
7
17 : 24
8
6 : 152
9
Solomon
10
4 : 36
11
17 : 26
12
Solomon
2
31
1. Be modest in you bearing and subdue in your voice. The hardest of all
voice is the voice of the ass. 1
2. Those who shun the worst of sins and indecencies forgive anger. 2
3. Neither defames nor insults one another by nicknames. 3
4. Shun much suspicion, as some suspicion is crime. Neither spy nor
backbite one another. 4
5. Neither shed the blood of your people nor turns them out of your
dwellings. 5
6. Render not rain your alms giving by reproach and inquiry. 6
7. Betray not your trusts. 7
8. Break not your oaths. 8
9. Come not near the wealth of an orphan except with that which is better
till he comes to strengthen; and keep the covenant. 9
10. Fill the measure when you measure and weigh with a right balance. It is
good and better in the end. 10
11. Walk not in the earth exultant. Neither you can rend the earth nor stretch
to the heights of the hills. 11
12. Dont help the guilty. 12
13. Neither turns your sheek in scorn toward folk nor walk with pertness in
the land. 13
14. Slay not the life, which Allah has made sacred 14 and forbidden. 15
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Wine
31 : 19
42 : 37
3
49 : 11
4
49 : 12
5
2 : 84
6
2 : 264
7
8 : 27
8
16 : 91
9
17 : 34
10
17 : 35
11
17 : 37
12
28 : 17
13
31 : 18
14
6 : 152
15
17 : 33
2
32
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Bribe
Bribe is the root of corruption. It makes the man dishonest and bound to do
the wrongs. Islam strictly prohibits the bribe.
1. Neither eats up your property among yourself nor seeks by it to gain the
hearing of the judges that you may knowingly devour a portion of the
property of others wrongfully. 4
2. Squander not your wealth among yourselves in vanity. 5
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Feticide
Islam loves the children and cares their lives.
1. Slay not your children, fearing a fall to poverty. We shall provide for then
and for you.
2. Slay not your children because of penury. We provide for you and for
them. 6
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Extravagancy
One should respect the time and money. Extravagancy is an enemy to
money.
1. Squanders were ever brother of the devils, and the devil was ever an
ingrate to his lord. 7
2. Equander not your wealth and property in extravagancy. 1
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5 : 90
5 : 91
3
Solomon
4
2 : 188
5
4 : 29
6
6 : 152
7
17 : 27
2
33
Obscenity
1. Dont indulge in dirty matters whether open or concealed. 2
2. Indulge not in lewdness, abomination and wickedness. 3
3. Come not near to adultery. It is an abomination and an evil way. 4
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Principles
1. Be just and fair.
2. Tyranny and oppression of any of Gods creatures as well as cruelty to
animals are strictly prohibited and they constitute very grave sin.
3. Resist injustice, tyranny and oppression.
4. Adopt good neighbourliness, helpfulness and kindliness.
5. Respect of the honour, reputation and privacy of others is supreme while
gossiping, backbiting, prying into others affairs, suspicion, violating
others privacy are prohibited.
6. Enjoin proper care and kindness to animal kingdom and to all of Gods
creation. Torture or cruelty to animals, wanton destruction and wasteful
use of nature are strongly condemned.
Adultery
A virtuous woman is a crown to her husband. Every wise woman builds her
house but the foolish plucks it down with her hands. The heart knows his
own bitterness and a stranger dont intermeddle with his joy.
Meaning and Sense
The literal meaning of Adultery is violation of marriage-bed. Sexual
connection by a husband or wife with somebody other than a lawful spouse.
It is the wilful violation of the marriage bed. Whoever has sexual
intercourse with a person who is and whom he knows or has reason to
believe to be the wife of another man, such sexual intercourse not amounting
to the offence of rape, is of the offence of adultery. 5
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17 : 26
6 : 152
3
16 : 90
4
17 : 32
5
S. 494 IPC, 1860
2
34
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Solomon on Adultery
The commandment is a lamp. The law is life and reproofs of instructions are
the way of life. Keep yourself away from an evil woman and from the
flattery of the tongue of a strange woman. Lust not after her beauty in your
heart; neither let her take you with her eyelids.
The adulterate hunts the precious life. Can a man take fire in his bosom, and
his clothes not are burned? Can one go upon hot coals, and his feet not are
burned? Men do not despite a thief, if he steals to satisfy his soul when he is
hungry; but who commit adultery with a woman lacks understanding and
destroys his own soul. He will get a wound and dishonour is found. He shall
give all the substance of his house. Keep yourself away from a strange
woman, from the stranger, which flatters with her words. Her house is the
way to hell, going down to the chambers of death. Stolen waters are sweet
and bread eaten in secret is pleasant but dead are there pushing into the
depths to hell. Treasures of wickedness profit nothing.
Islam is hard on adultery and Quran provides punishment for it. There is a
provision of hard punishment to teach a lesson of moral to others. There is
also punishment for those who falsely blame the others. They indeed are
evildoers.
There is also as opportunity for those who afterward repent and make
amends for their offence, as Allah is Forgiving and Merciful. 3 Wicked
women are for the wicked men, and mean men for mean women. Good
women are for good men and good men for good women. 4
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Gitabhai v Fattoo, AIR 1966 MP 130; Cf. Hindu Marriage Act, 1955,
Ss. 10(1)(f) and 13 (1)(i).
2
24 : 5
24 : 26
35
1. Let not pity for the adulterer and the adulteress and scourge a hundred
stripes to them. There should be a party to punish them. 1 This
punishment is for the unmarried.
2. If the man or woman is slave than the punishment will be half, 50
stripers. 2
3. There is no punishment for the mindless and the child.
4. The married persons will get the punishment of Rajm in which the
adulator is stoned till death.
5. The adulterer shall not marry other than an adulteress. 3
6. Those who accuse honourable women but bring not four witnesses
scourge them with eighty stripes and never afterward accept their
testimony.
7. Among your women who are guilty of lewdness, call four witnesses
against them. And if they testify to the truth of the allegation than confine
the women to the houses until death take them or Allah show a way for
them. 4
8. And as for the two of you who are guilty thereof, punish them both. And
if they repent and improve then let them be free. 5
9. Who allege their wives but have no witnesses except themselves; let the
testimony of one of them be four testimonies, swearing by Allah that he
is of those who speak the truth. 6 And yet a fifth, invoking the curse of
Allah on him if he is of those who lie. 7
10. And it shall avert the punishment from her if she bear witness before
Allah 4 times that the thing he said is indeed false. 8 And a fifth time that
the wrath of Allah be upon her if he spoke truth. 9 Allah is Clement and
Wise. He is the manifest Truth. 10
11. They shall be cursed in the world and the hereafter that blame the
unaware virtuous, believing women. An awful doom is for them. 11
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24 : 2
4 : 25
3
24 : 3
4
4 : 15
5
4 : 16
6
24 : 6
7
24 : 7
8
24 : 8
9
24 : 9
10
24 : 25
11
24 : 23
2
36
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Prohibited Food
The good and healthy things are advised to eat. There should be no wastage
of water and food. Eat moderately. Neither too much nor too less. Respect
the food as it gives life.
The Quran prohibits the following food
1. Blood.
2. Pork and it's by - products.
1
3 : 19
24 : 27
3
24 : 28
4
24 : 30
5
24 : 31
6
24 : 33
7
24 : 33
2
37
3. Carcass, which is the flesh of animals which have died without being
slaughtered and bled fully.
4. Any food over which the name of a deity other than God has been
invoked, the meat of an animal slaughtered in the name of anyone other
than God.
Dress
The Islamic dress code is intended to cover the shame and to beautify the
personality and the dignity.
The basic Islamic concepts on dress are
1. The dress must be clean.
2. It should conceal rather than reveal.
3. It should beautify the personality and the dignity.
4. It should be simple and decent.
5. The dress showing arrogance, false pride and vanity is strictly prohibited.
6. The wearing of gold and pure silk are reserved for women and not
permitted to Muslim men.
7. Islam has specific guidelines on dress code for women.
Dress code does not hinder from doing anything productive. Muslim women
maintain a variety of jobs, none of which are devalued nor hampered due to
their dress code. It seems most appropriate due to decreasing morals in the
world today.
The decreasing morality and trials of this time makes Hijaab even more in
need. More than ever before sex crimes are rampant. There is a direct
correlation between the respect a man has for a woman and the amount of her
body she displays flauntingly. Her rights match beautifully with her duties.
Women in Islam are respected and held in high regard.
Burqa
It is also known as the cloak, Jilbab or Hizaab.
The 33rd Sura is Al-Ahzab means The Clans. It was revealed in 5 Hizri on
the wedding night of Prophet Muhammad with Zainab Bint-e-Jahsh. The
Prophet for the wedding feast had invited all the clansmen of Madina. All the
guests departed in the night but a few lingered their talks and did not care the
need of privacy of the Prophet. When the last one remained, Prophet drew a
hizaab between his private quarter and the public domain. 1
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The words for behind the curtain Minawara-I-Hizaab gave coinage to the
word hizaab, which means to veil or curtain for concealment. Hizaab is the
cloth, the material object drawn by the Prophet between himself and the man
at the entrance of his ruptial chamber while there was Gods revelation. 1 It is
the context and meaning of hizaab in the Quran. Thus the customary practice
of covering the face with a veil or burqa has no resemblance with the
Quranic injunction. There is no Islamic compulsion for women to cover their
faces. The Prophet was asked to instruct the women to draw the jilbab around
them so that they are recognised and not harassed. The women are enjoined
not to display their beauty except before family members.
Hizaab is a key concept in Islam. To reduce it to a piece of cloth for women
to cover their faces is to impoverish this multi-layered, deeply philosophic
concept. 2 Quran warns those who impose fatwas and deadlines to terrorise
the women. Allah highly dislikes the mischief and the evil. 3 Thus the threat
issued to women of the Kashmir valley and at the other places to cover their
faces with a piece of cloth, naqab or hijaab has no sanction in the Quran.
(ii) Tell your wives and daughters and all the believing women to draw their
cloaks close round them whenever they go out of their homes. It is for their
own protection and not to be recognised and not annoyed. 4
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The Veil
The veil was used at first as a sign to distinguish the free woman so that none
should molest her thinking her to be slave. In the Arabic language, it means
a covering, or anything that separate between two things or keeps something
from something else.
Muslim cites two verses from the Quran to prove that the veil is obligatory.
The more common verse is And say to the believing women that they cast
down their eyes and guard their private parts, reveal not their adornment save
to their husbands, or their fathers, or their husband's father, or their sons, or
their Husband's son, or their brothers or their brother's son, or their sister's
son, or their women, or what their hands own or such men as attend them,
not having sexual desire, or children who have not yet attained knowledge of
women's private parts; nor let them stamp their feet, so that their hidden
1
39
ornaments may be known and turn all together to God, O you believers;
happily so you will prosper. 1
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One of the important terms in this verse is nakedness, which are the
genitalia. The word comes originally from 'ar', meaning shame, since it is
shameful or disgraceful to show these private parts. Therefore, women in
general are called Nakedness. Arabic also has word 'awra', which means
srude or vulgar word. Muhammad said, A woman should not look at the
nakedness of another woman, and the man should not look at the nakedness
of another man. The nakedness of both sexes may be divided in four
categories:
1. The nakedness of a man with another man.
2. The nakedness of a woman with another woman.
3. The nakedness of a man with a woman.
4. The nakedness of a woman with a man.
The nakedness of a man with another man is between the navel and the
knees. A man is not allowed to look at the nakedness of another man between
navel and the knees, but he is allowed to look at anything else. Muhammad
said, No man should look at the nakedness of another, and no woman
should look at the nakedness of another.
The nakedness of a women with another woman is the same as the nakedness
of a man with a man, namely from the navel to the knees, and it is
permissible to look at anything else.
Zina is divided into two sorts natural and acquired. The face is a part of the
zina (charm); it is the origin of beauty and the source of temptation and
seduction. As to acquired zina\ (ornament), it is the clothes, the beatification,
and the dyes that the women puts on herself to improve her appearance. It is
also more appropriate not to look at the face as it is the origin of beauty the
source of temptation and the place where danger hides.
The conditions that make a veil legal
1. The veil should cover the whole body on account of the divine injunction
To draw their cloaks close around themselves. A cloak is a long and
Loose-fitting garment that covers the whole body.
2. The veil should be thick, not thin, since the purpose of veil is to cover. If
it does not cover, then it cannot be called a veil, as it does not block the
vision and does not hinder looking.
3. The veil itself should not be an ornament or flamboyant with attractive
1
colours that catch the attention. As the verse says, And not to display
their charms except what normally appears of them. The meaning of
what normally appears of them is that which appears unintentionally.
So if this is ornament in itself, it should not be worn, and it is then not
called a veil because a veil should keep the ornament from being seen
by strangers.
4. The veil should be loose, not tightly fitting and should not reveal the
Body or emphasize the nakedness, or manifest the parts of seduction or
temptation of the body. The Messenger of the God says, two sorts of
dwellers of hell I have not seen A folk that had whips like the tails of
cows and with which they beat the people, and women that are dressed
yet naked, tempting and twisting, their head are like the tilting heads of
camel. These will not enter paradise and will not find its wind, for its
wind is to be found at such and such distance.
The meaning of dressed yet naked is that they are dressed on the out
side but naked in reality, because they wear clothes that do not cover the
body, or conceal nakedness. Since the purpose of clothing is to cover the
body, if the clothing does not cover the body, the one wearing is
considered naked. As to tempting and twisting mean those who tempt
the heart of men by twisting their bodies with seductive walking and
swaggering. The Meaning of heads of camel is that they comb their
hair on top of their heads so that it would be like heads of camels.
5. Clothing should not be scented in such a way that it would arouse men,
for the prophet said, Every eye that looked has committed adultery, and
if a woman perfumed herself and passed by a seated group of men, she is
such and such namely a prostitute. Another tradition says, If a woman
perfumed herself and passed by a group of people intending to let them
smell her perfume, she is to be considered a prostitute.
Hygiene
Hygiene is the science of health. Islam pays very much attention on
good health.
1. Allah loves the purifiers. 1 So always keep yourself clean.
2. Menstruation is illnesses so let women alone at such times and go not in
to them till they are cleansed. And when they have purified themselves,
then go in to them. 1
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9 : 108
41
Instructions
1.
2.
3.
4.
5.
6.
7.
8.
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2 : 222
Id
3
18 : 46
4
62 : 9
5
62 : 10
6
2 : 275
7
2 : 276
2
42
7. Fill the measure when you measure and weigh with a right balance. It is
good and better in result. 1 Islam requires honesty in business as
Muhammad was. Honesty has its own reward in its own way.
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Instructions
1. The truthful and trustworthy merchant will have the same rank as that of
Prophets and martyrs. Pay the government dues honestly.
2. Be careful of making exaggerated claims on a product. It may find better
market but eventually it becomes rejected and devoid of blessing.
3. Whoever sells defective merchandise without disclosing the known
defects continues to be in the wrath of God.
4. Whoever monopolises a trade is a sinner.
5. Whoever hoards up food grains for long days, intending thereby a higher
price, detaches himself from God, and God disowns him.
6. The two, seller and buyer, should not depart except by mutual consent.
7. Be entrusted with weight and measures.
8. Every sin of a martyr shall be forgiven except debts.
9. Both the bribe taker and the bribe giver will be cursed. Bribe is a sin.
10. God does not love the arrogant and the boastful. 2
11. There is a shameful doom for those who are avaricious and make others
avaricious and conceal what God has given to them. 3 Greed is a cancer of
of soul.
12. Neither let your hand be not chained nor open it too much so that you are
blamed and become helpless. 4 Neither extravagant nor niggard but holds
a balance between the extremes.
13. And eat not up your property among yourselves in vanity nor seek it by
bribe to gain the hearing of the judges that you may knowingly devour a
portion of the property of others by wrongfully. 5
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17 : 35
4 : 36
4 : 37
4
17 : 29
5
2 : 188
3
43
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Social Conduct
Blood relationship is the natural relationship. Islam emphases it. It
establishes the strong foundations of the family. Parents and children living
together through a race are known as the family. Both have mutual rights and
duties. Quran provides the way and the laws not only for the family but also
for the whole society.
Property
Concerning the inheritance of your children, God enjoins this upon you The
male shall have the equal of two females' share; but if there are more than
two females, they shall have two-third of what their parents leave behind;
and if there is only one, she shall have one-half thereof.
And as for the parents of the deceased, each of them shall have one-sixth of
what the deceased leaves behind, in the event of deceased having left a child;
but if the deceased has left no child and the parents are the only heirs, then
the mother shall have one-third; and if the deceased has brothers and sisters,
then the mother shall have one-sixth after the deduction of any bequest the
deceased may have, made or any dept.
As for your parents and your children - you know not which of them does
more deserve of benefit from you therefore this ordinance from God.
Muslim jurist have debated the issue of inheritance for centuries with several
theories being proposed. One theory explains that a brother receives double
his sister's share because he has an obligation to provide her support. The
inheritance verse may be read in conjunction with the following verses which
state Hence do not covert the bounties which God has bestowed more
abundantly on some of you than on others. Men shall have a benefit from
what they earn, and women shall have benefit from what they earn. Ask,
1
2
53 : 48
21 : 94
44
therefore, God give you out of his bounty behold God has indeed full
knowledge of everything. 1 And, Men shall take full care of women with
the bounties which God has bestowed more abundantly on some of the
former than on some of the latter, and with what they may spend out of their
possessions. And the righteous women are the truly devout ones, who guard
the intimacy which God has ordained to be guarded. 2
Another theory holds that the inheritance verses mentioned above apply only
if no will was left by the deceased. David powers, studies in Quran and
Hadith 3 This theory is based on the following verses O you have attained to
faith! Let there be witnesses to what you do when deaths approaches you and
you are about to make bequest. 4 and It is ordained for you when death
approaches any of you and he is leaving behind much wealth, to make
bequest in favor of his parents and other near of kin in accordance with what
is fair this binding on all who are conscious of God. 5 These verses appear to
sanction the drafting of a will, thus the argument that the inheritance verses
apply where no bequest has been made as specified in these verses.
Another theory allows a person to will up to one third of his or her property
in any manner, thus the one third, or a portion of it, could be used to further
provide for the female.
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Women
One of the most problematic aspects of Islam is the subordination of women
in Islamic society. Men are a degree above the women. Men are incharge of
women. 6 Good women are the obedient and guarding in secret. 7
1. Your women are tilth for you to cultivate so go to your tilth as
you like.
2. Menstruation is an illness. So let women alone at such times and
go not in to them till they are cleansed. And when they have
purified themselves, then go in to them.
3. Islam distinguishes its women from any other women. It instructs them
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Quran 4 : 32
Quran 4 : 34
3
The Formation of the Islamic Law of Inheritance, University of
California press, 1986,
p.52.
4
Quran 5 : 106
5
Quran 2 : 180
6
4 : 34
7
Id
2
45
not to be soft when talking with others as there may be something wrong
in the heart of the man with whom the women is talking. So her talks
should be straight forward. 1
4. They have been instructed to stay in their houses. Her working place is the
home. 2
They should be regular in their Prayers. 3
Burqa has been made essential for the Muslim ladies. O Prophet! Tell your
wives and your daughters and the women to draw their cloaks close round
them when they go abroad. It is for their safety. 4
The Islamic regime in Iran dismissed all female judge and barred female
lawyers from practising. The problems facing women in Islam are not simply
womens issues. They involve both sexes. Male also feel most vulnerable.
The problem of women must therefore be seen as directly relating to the
entire society and not just the concern of women. Together men and women
must chart a course for the future. The position of women among the very
rich, viz., Saudis and the very poor, viz., Hyderabadies appears to be weak.
They are slightly better off in middle-income countries like Egypt, Iran and
Pakistan. The women have helped to shape policy here such as Jehan, Sadat,
Farah Diba, Fatima Jinnah. In Pakistan women have been Prime Minister,
governors and ambassadors. In these countries they are also important
political challengers to some of the most powerful dictators of the age. Ms.
Jinnah led the opposition against Field Marshal Ayub Khan and Benazir
Bhutto challenged Gen. Zia-Ul-Haq. Mrs. Hasins Wajid and Khalida Zia
spearhead the campaign against General Ershad in Bangladesh. 5
Woman's status in Islam is controversial among those who represent them in
the area of women's right in the Islamic world, but also among
fundamentalist Muslims. Islam's achievements for the woman, maintaining
that it was Islam that gave the woman her rights and honour, while others
blame all the disadvantages in the position of Muslim women on Islam.
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Two aspects
1. as a biological and social being.
1
33 : 32
33 : 33
3
33 : 32, 33
4
33 : 59
5
Learning Legal Skills
2
46
2. as a believer.
Virgin Mary is the most important female character in the Quran. The
nineteenth sura of the Quran, i.e., Maryam (Mary) (Revealed at Mecca) is
named after her, the only female name, the Quran mentions. This Sura
contains 98 Ayats. The other women whose stories are narrated in the Quran
are never mentioned by name; rather they were called the wives of their
respective husbands. Among them are Eve, the wife of Imran 1 , the wife of
the governor 2, Pharaoh's wife 3, Lot's wife and Noah's wife 4, Abraham's
wife. 5
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2. Woman as a believer
The Quranic verses constitute the basic eliment and foundation for her
legislative and social position. Inequality between man and woman stands
out clearly in marriage, divorce, witnessing, inheritance, veiledness and
concubinage. The fourth sura is called Women Sura An-Nisa, and is one
of the longer Suras containing 176 Ayats.
The Status of Women in Relation to men
Men are in-charge of women, and the male is not like the female. Have you
thought upon Al-Lat and Al-Uzza. And Manat, the third, the other? are yours
the males and His females? That indeed were an unfair division! 8. The
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47
Quran condemns the Arab's live burial of girls, And when any of them is
given the good tidings of a girl his face darkened and he chokes inwardly, as
he hides him from the people because of the evil of the good tidings that have
been given unto him, whether he shall preserve it in humiliation, or trample it
into the dust. 1
Men are the mangers of women for that God has preferred in bounty one of
them over another, and for that they have expended of their property. 2 My
Lord! Increase me in knowledge. 3
Muhammad Abduh the Reformer (1905-1949), who was known for his
hostile attitude toward blind tradition, has discovered new aspects of man's
superiority over women in this verse This superiority is based on two
factors; the one has to do with nature, while the other has to do with
earning. Is man more beautiful then woman? The physical nature of both is
the same.
Abbas Mahmud al-Aqqad (1889-1964), one of the most renowned Arab man
of letters in the twentieth century, sets an enviable record in his attacks on
women. He says, women is a necessary evil, and that she does not possess
any talent or virtue at all. Natural to her femininity than these three qualities
bashfulness, compassion, and cleanliness. She depends on these in her nature
for in man's nature. Woman however, behaves differently in her treatment of
her step-children; the children sometimes do not escape torture, malevolence,
deliberate humiliation, and harm. Women is sexual restraint. Women of
reasoning and good discretion are very few in number. Hadith of Muhammad
Do not let women into all of the rooms and do not teach them how write.
Teach them to spin and recite Sura al-Nur. or Do not let your women live
in rooms, do not teach them how to write, and seek assistance against them.
Constantly tell them 'No' because 'Yes' tempts them to ask a lot.
Fire has been created for senseless, the women, except for the one who
obeyed her husband. Men perish when they obey women. Men are in a
good state as long as they do not obey women.
Muhammad fear and beware of women Beware of women; the first
temptation among the children of Israel was caused by them. I fear no
temptation that would befall my people but for the temptation of women and
wine; But for the woman, man could have entered paradise.
Muhammad forbade women to talk except by leave of their husbands. Walk
down the roads, but keep to the edges of the street. Women are not allowed
to use the middle of the road. Women are not to be greeted nor greet. Fire has
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48
been created for the senseless, and women are most senseless of all, she had
to serve her husband. Caliph Abd al-Malik Ibn Marwan (685-705 A.D.) Said
If you want one for pleasure, take a Berber woman, for bearing children
take a Persian women, If you need one for service take a Christian women.
Women increases in evil in her old age .The end of women's life, though, is
worse than it's beginning; her beauty vanishes, her womb grow barren, and
her morals deteriorate. As to her beauty, it is said, A fair handmaid is
coloured by the colour of the sun; in for noon she is pale, and in the evening
she is yellow. Yet more beauty is not enough, she must also be smiling and
patient, proud among her own folk and humble with her husband, and
fruitful. When someone wants to have strong child, he should make her
angry, and then have sex with her. Al-Aqqad claims that his warped opinion
of women are backed up by modern sciences, and he quotes Christian
Ehrenfels' apology for polygamy Polygamy is necessary for the preservation
of the ``Aryan Stock. If the women gather together far away from the eyes of
men, they forget about modesty. Then they care for nothing that they would
usually observe while they are still in the presence of men. The women does
not cover herself in the public bath, unless she has defect or for fear that her
peers and companions should compete with her.
The Women's Portion of the Inheritance
Inheritance has a close relationship family law in that it transfer a dead
person's legacy to his next kin. According to pre-Islamic Arabs, men only
had the right to inherit. God charges You, concerning your children to male
the like of the portion of two females and if they be women above two, then
for them two-thirds of what he leaves, but if she be one then to her a half;
and to his parents to each one of the two the sixth of what he leaves, if he has
children; but if she has no children, and his heir are his parents, a third to his
mother, or if he has brothers, to his mother a sixth, after bequest he may
bequeath, or any debt. Your fathers and your sons-you know not which out of
them is nearer in profit to you. God is All-Knowing, All-wise. 1
But now it had been proved that woman is as much competent as man.
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27 : 22-44
27 : 29
3
Quran 2 : 282
2
50
In cases of adultery the Quran requires witnesses but is silent on the issue of
gender, thereby implying that the gender of the witnesses is irrelevant. And
as for those who accuse chaste women of adultery, and then are unable to
produce your witnesses in support of their accusation , flog them with eighty
stripes; and ever after refuse to accept from them any testimony -- since it is
they, they that are truly depraved . 1 And as for those who accuse their own
wives of adultery, but have no witnesses except themselves, let each of these
accuser call God four times to witness that he is indeed telling the truth..But
as for the wife, all chastisement shall be averted from her by her calling her
God four times to witness that he is indeed telling a lie. 2
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Quran 24 : 2
Quran 24 : 6, 8
Quran 65 : 2
Quran 5 : 106-107
51
behind. 1 In terms of the right to inherit, women and men are equal legal
entities; rather, the dispute centers around the share that is to be inherited.
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Quran 4 : 7
Quran, 49 : 13; 4 : 1
3
3 : 195; 9: 70; 33:35; 66:19-21
2
52
7.
Idolatress Woman
1. A Muslim would not wed an idolatress till she believes.
2. A believing bonds woman is better than an idolatress though she pleases
you.
3. Muslims should not give their daughters in marriage to idolaters till they
believe.
4. A believing slave is better than an idolater, though he please you.
5. These invite to the fire. 2
6. Before accepting a woman she should be tested whether she has adopted
Islam.
7. When believing women come to you as fugitives, examine them. Allah is
best aware of their faith. Then, if you know them for true believers, send
them not back to the disbeliever.
8. And if any of your wives have gone from you to the disbelievers and
afterward you have your turn of triumph, then give to those whose wives
have gone the like of that which they have spent, and keep your duty to
Allah in whom you are believers.
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In the case of Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC
945
2
2 : 221
53
Marriage
Marriage is a pious contract in Islam, which is to be considered as a
permanent bond. Islam takes it as a challenging commitment. It is unique
being both sacramental and contractual in nature. It is a trust for mutual
fulfilment and self-realisation, love and peace, compassion and serenity,
comfort and hope. The best Muslim is that who is best to his family. A
virtuous wife is a greatest joy and gift in life.
If it does not function well, then it may be terminated peacefully in kindness
with honour. Allah created mates for you. You might find rest in them. Allah
ordained love and mercy between you. 2
O Prophet! We have made lawful to you your wives to whom you have paid
their dowries. And those whom you have won in war. And the daughters of
your uncle on the fathers side and the daughters of your aunts on the fathers
side, and the daughters of your uncle on the mothers side and the daughters
of the aunts on the mothers side who emigrated with you. And a believing
woman if she gives herself to you and the Prophet desire to ask her in
marriage a privilege for you only, not for the rest of the believers. 3
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Two words
Zawaj means marriage and Nikah, meaning wedlock. Nikah is the most
frequently used one in the Sharia. It denotes four things in the Quran:
marriage, sexual intercourse, bestowal and marriageable age. Quran says,
Do not marry idolatresses until they believe. 4 The same meaning is found
in Sura al-Nisa' 5, where it says, So marry them, with their peoples leave. 1
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1
2
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60 : 1
30 : 21
33 : 50
Sura al-Baqara 2 : 221
5
4 : 25
4
54
Marriage such woman as seem good to you. 2 A fornicator may only marry
fornicators.
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4 :3
24 : 3
3
Sura al-Nisa' 4 : 21
2
55
1
2
Sura al-Ahzab 33 : 53
Quran 23 : 5 71
56
that. The family of the woman has a right of objection if she chooses to
marry a commoner. She, too, if she is not of age and her father gave her in
marriage, has the right to opt out of such an unequal relationship when she
reaches the age of puberty.
Celebration of Nikah
The celebration of the marriage contract is called Nikah. Marriage is enjoyed
upon every Muslim, and celibacy is frequently condemned by Muhammad. It
is related in the traditions that Muhammad said: When the servant of god
marries, he perfects half of his religion; and that on one occasion
Muhammad asked a man if he was married, and being answered in the
negative, he said, Art thou sound and healthy? Upon the man replying that
he was, Muhammad said, then thou art one of the brothers of the devil. 1
Consequently in Islam, even the ascetic orders are rather married then single.
It is related that one of a companions, named Usman even mazun, wished to
lead a life of celibacy but Muhammad forbade him. The following are some
of the sayings of Muhammad on the subject of marriage. 2 The best wedding
is that upon which the least trouble and expense is bestowed The worst of
feasts are marriage feasts, to which the rich are invited and the poor left out,
and he who abandons the acceptation of an invitation, then verily disobeys
God and His prophet. Matrimonial alliances (between to families or tribes)
increase friendship more than anything else. Marry women who will love
their husbands and be very prolific, for I wish you to be more numerous than
any others people. When any one demands your daughter in marriage, and
you are pleased with his disposition and his faith, then give her to him; for if
you do not do so, then there will be strife and contention in the world. A
women may be married either for her money, her reputation, her beauty or
her religion; then look out for a religious woman, for if you do marry other
than a religious woman, may your hands be rubbed with dirt. All young
men who arrived at the age of puberty should marry, for marriage prevents
sins. He who cannot marry should fast. When a Muslim marries he perfect
half his religion, and he should practise abstinence for the remaining half.
Beware! Make not large settlements upon woman; because, if great
settlements were a cause to greatness in the world and righteousness before
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God, surely it would be most proper for the Prophet of God to make them.
When any of you wishes to demand a woman in marriage, if he can arrange
it, let him see her first. A Woman ripe in years shall have her consent
asked in marriage, and if she remains silent her silence is her consent, and if
she refuses she shall not be married by force. A widow shall not marry
until she is consulted, nor shall a virgin be married until her consent is
asked. The companions said, In what manner is the permission of a
virgin? He replied, Her consent is by her silence. If a woman marries
without the consent of her guardian her marriage is null and void, is null and
void, is null and void; then if her marriage has been consummated, the
woman shall take her dower; if her guardians dispute about her marriage,
then the king is her guardian. The subject of Muslim marriages will now be
treated in the present article under the headings:
I. The Validity of Marriage: Muslims are permitted to marry four free
women, and to have as many slaves for concubines as they may have
acquired. Of women who seem good in your eyes, marry two, or three, or
four; and if you still fear that you shall not act equitably, then one only; or
the slaves whom ye have acquired. 1
Marriage, according to Muhammadan law, is simply a civil contract, and its
validity does not depend upon any religious ceremony. Though the civil
contract is not positively prescribed to be reduced to writing, its validity
depends upon the consent of the parties, which is called ijab and qubul,
declaration and acceptance; the presence of two male witnesses (or one
male and two female witnesses); and a dower.
Liberty is allowed a woman who has reached the age of puberty, to marry or
refuse to marry a particular man, independent of her guardian, who has no
power to dispose of her in marriage without her consent or against her will;
while the objection is reserved for the girl, married by her guardian during
her infancy, to ratify or dissolve the contract immediately on reaching her
majority. When a woman, adult and sane elects to be married through an
agent (wakil), she empowers him in the presence of competent witnesses to
convey her consent to the bride-groom. The agent if a stranger need not see
her, and it is sufficient that the witnesses, who see her, satisfy him that she
expressly or impliedly, consents to the proposition of which he is the bearer.
The law respects the modesty of the sex, and allows the expression of
consent on the part of the lady by indirect ways, even without words. With
virgin, silence is taken as consent, and so is a smile or laugh.
The validity of a marriage under the Muhammadan law depends on two
conditions: First, on the capacity of the parties to marry each other; secondly,
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Quran Sura 4 : 3
58
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1
2
has fixed the age of seven as the period when the liability for offences should
commence. It may assumed, perhaps not without reasons, that the same
principle ought to govern cases under the Muhammadan law, that is, when a
contract of marriage is entered into by a child under age of seven, it will be
regarded as a nullity. It is otherwise, however, in the case marriage
contracted by a person of understanding. It is valid, though dependent for its
operation on the consent of the guardian. A contract entered into by a person
who is insane is null and void, unless it is made during a lucid interval. A
slave cannot enter into a contract of marriage without the consent of his
master. The Mussalman lawyers, therefore, add freedom as one the
conditions to the capacity for marriage. Besides puberty and discretion, the
capacity to marry requires that there should be no legal disability or bar to
the union of the parties; that in fact they should not be within the prohibited
degrees, or so related to or connected with each other as to make their union
unlawful. 1
No contract can be said to be complete unless the contracting parties
understand its nature and mutually consent to it. A contract of marriage also
implies mutual consent, and when the parties see one another, and of their
own accord agree to bind themselves, both having the capacity to do so, there
is no doubt as to the validity of the marriage.
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4:26
4 : 27
61
into the contract, is valid and binding, if entered into by mutual consent in
the presence of witnesses. The religious ceremony is left entirely to the
discretion of the Qazi or person who performs the ceremony, and
consequently there is no uniformity of ritual. Some Qazis merely recite the
Fatiha (the first chapter of the Quran) and the durud, or blessing. The
following is the more common order of performing the service. The Qazi, the
bridegroom, and the brides attorney, with the witnesses, having assembled
in some convenient place (but not in a mosque), arrangements are made as to
the amount of dower or mahr. The bridegroom then repeats after the Qazi the
following:
1. The Istighyar. I desire forgiveness from God.
2. The four Quls. The four chapters of the Quran commencing with the
word Qul. The Chapters have nothing in them connected with the
subject of marriage, and appear to be selected on account of their
brevity.
3. The kalimah or Creed. There is no Deity but God, and Muhammad
is the Prophet of God.
4. The Sifwatu-Il-Imam. A profession of belief in God, the Angels, the
Scriptures, the Prophets, the Resurrection, and the Absolute Degree
of good and evil.
The Qazi then requests the brides attorney to take the hand of the
bridegroom, and to say, Such an Ones daughter, by the agency of her
attorney and by the testimony of two witnesses, has, in your marriage with
her, had such a dower settled upon her; do you consent to it? To which the
bridegroom replies, With my whole heart and soul, to my marriage with this
woman, as well as to the dower already settled upon her, I consent, I consent,
I consent.
After this the Qazi raises his hands and offers the following prayer: O great
God! Grant that mutual love may reign between this couple, as it existed
between Adam and Eve, Abraham and Sarah, Joseph and Zalikha, Moses and
Zipporah, Muhammad and Ayishah, and his highness Ali al-Murtuza and
Fatimah -z-Zahra.
The ceremony being over, the bridegroom embraces his friends and receives
their congratulations.
IV. The Marriage Festivities.
In the Ancient age, the Following account of a Shadi or wedding in
Hindustan was as follows: The marriage ceremony usually occupies three
days and three nights. On the first day the ladies apartments of both houses
62
are completely filled with visitors of all grades, from the wives and mothers
of noblemen, down to the humblest acquaintance of the family, and to do
honour to the hostess, the guests appear in their best attire and most valuable
ornaments. The poor bride kept in strict confinement in a dark closet or room
during the whole three days merriment, whilst the happy bridegroom is the
most prominent person in the assembly of the males. The second day is one
of bustle and preparation in the brides home. The third day, the eventful
barat, arrives to awaken in the heart of tender mother all the good feelings of
fond affection. She transfers her beloved child to another protection. All
marriages are not equally happy in their termination; it is a lottery, a fate.
The marriage ceremony is performed in presence of witnesses, although the
bride is not seen by any of the males at the time, not even by her husband,
until they have been lawfully united according to the common form. The
Maulawi commences by calling on the young maiden by name, to answer to
his demand, Is it by your own consent this marriage takes place with..?
naming the person who is the bridegroom; the bride answers, It is by my
consent. The Maulawi then explains the law of Muhammad, and reads a
certain chapter from that portion of the Quran which binds the parties in holy
wedlock. He then turns to the young man, and asks him to name the sum he
proposes as his wifes dowry. The bridegroom thus called upon, names ten,
twenty, or, perhaps, a hundred lacs of rupees; the Maulawi repeats to all
present the amount proposed, and then prays that the young couple thus
united may be blessed in this world and in eternity. All the gentlemen then
retire except the bridegroom, who is delayed entering the hall until the
brides guests have retreated into the side rooms; as soon as this is
accomplished he is introduced into the presence of his mother-in-law and her
daughter by the women servants. He studiously avoids looking up as he
enters the hall, because, according to the custom of this people, he must first
see his wifes face in a looking glass, which is placed before the young
couple, when he is seated on the masnad by his bride. Happy for him if he
then beholds a face that bespeaks the gentle being he hopes Fate has destined
to make him happy. If otherwise, he must submit; there is no untying the
sacred contract. 1
The above description of a wedding in India has been selected as a
representative of such ceremonies; but there is no uniform custom of
celebrating Muslim nuptial, the nuptial ceremonies in Afghanistan being
much more simple in there character.
Marriages in Cairo are generally conducted, in the case of a virgin, but in
that of a widow, or a divorced woman, with little ceremony. Most
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commonly, the mother or some other near female relation, of the youth or
man who is the desirous of obtaining a wife, describes to him the personal
and other qualifications of the young women with whom she is acquainted
and directs his choice; or he employs a khatbeh, or khatibeh, a woman
whose regular business it is to assist men in such cases. 1 If satisfied with
their report, he gives a present to the khatbeh and sends her again to the
family of his intended wife, to make known to them his wishes. My
daughter, the youth who wishes to marry you is young, graceful, elegant,
beardless, has plenty of money, dresses handsomely, is fond of delicacies,
but cannot enjoy his luxuries alone; he wants you as his companion; he will
give you everything that money can procure; he is a stayer at home, and will
spend his whole time with you, caressing and fondling you.
When a female is about to marry she should have a wekeel (wakil, or
deputy), to settle the compact and conclude the contract, for her, with her
proposed husband. If she be under the age of puberty, this is absolutely
necessary; and in this case, her father, if living, or (if he be dead) her nearest
adult male relation, or a guardian appoints by will, or by the Kadee, performs
the office of wekeel; but if she be of age, she appoints her own wekeel, or
may even make the contract herself; though this is seldom done.
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Polygamy
The Quran says, If you fear that you will not act justly towards the orphans,
marry such women as seem good to you, two, three, four at a time; but if you
fear you will not be equitable, then marry only one or what your right hands
own, so it is likelier you will not be partial. 2 Muhammad restricted the
number of wives to four. Do not marry off but from one two four, and add
no more. If you are afraid you will not deal fairly, if you marry more then
one, then marry one only or those your hand controls so that you will not act
unjustly. Polygamy is one of those Quranic judgments, which could not
affirm their existence among the Islamic nations, for most Muslims are
married to one wife. It is not only those economical obstacles hinder men
from doing that, but, due to the social problems marrying another wife is a
disgrace to the family of the first one. Polygamy is forbidden, since justice
cannot be given to all wives. Polygamy is an age-old institution.
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Sura al-Nisa' 4 : 3
64
As to legal position of polygamy in the Islamic world, it now falls under the
punishment of law in Turkey and Tunis. In Egypt, a law was passed in 1979
that added more restriction on polygamy in preparation to abolishing it
altogether. This law had been suggested by the late president of Egypt,
Anwar al-Sadat. The Islamic fundamentalists dubbed it the law of Jihan alSadat.
Muta -- Temporary Marriage of Enjoyment
Marriage of enjoyment or pleasure differs from the conventional marriage in
that its aim is not having a regular marital life and begetting children, but to
enjoy sexual relations in a legal way. The man who practises such a
marriage is often someone who spends a long time abroad for any reason,
and thus marries a woman temporarily. The period of marriage is limited to
the time when husband leaves country, and the marriage automatically
dissolved.
'Umar Ibn al-Khattab strongly opposed it, as he said, The Messenger of God
permitted muta three times, and after that he forbade it. By God if I find that
anyone practises muta, while being married, I will stone him with rocks,
unless he brings me four witnesses that the Messenger of God permitted it
after he had forbidden it.
Women Prohibited for Marriage
1. Marry not those women whom your fathers have married. 1
2. Forbidden to you are your mothers, daughters, sisters and your fathers
sisters, your mothers sister, brothers daughters, sisters daughters, foster
mothers, foster sisters, mothers-in- law, stepdaughters. Also who are
under your protection born from your woman to whom you have gone in
but if you have not gone in to them, then it is no sin for you to marry
there daughters, and the wives of your son who spring from your own
loins. 2
3. All married women are forbidden to you except the captives. 3
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4 : 22
4 : 23
3
4 : 24
2
65
It is not lawful for you neither forcibly to inherit the women against their will
nor to take away a part of that which you have given to your wives. Consort
with them in kindness. 1 Live with your wife in kindness and equity.
The wife is her husbands companion and helpmate. She is responsible for
the management of the house and development and training of the children.
She is also responsible for the honour and dignity of her husband and his
family.
A wife is a very good companion, friend and partner of her husband. She
bears responsibilities. Your wives are your raiment for you and you are
raiment for them. 2 Marriage is not bed of roses but it imparts duties.
The fundamental responsibility of both husband and wife is to meet out one
anothers sexual needs. They should be faithful to each other. None of them
would try to seek elsewhere for the satisfaction of these needs. Islam
considers adultery as a grave sin. There is a hard punishment for it. Our
Lord! Vouchsafe us comfort of our wives and of our offspring. 3
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Privacy of women
Muhammad The woman is nearest to her Lord's face when she is in the
innermost part of her home. Her prayer in the courtyard of her house is better
than her prayer in Mosque, and her prayer in her home is better that her
prayer in courtyard of her house, and her prayer in her chamber is even better
than her prayer in her home.
The Woman has ten nakedness. When she marries, the husband covers one
nakedness, and when she dies the grave covers all ten of them.
Woman's duties to her husband
1.
2.
3.
4.
4 : 19
2 : 187
3
25: 74
2
66
8.
9.
10.
67
The divorce should be avoided. It is no sin for you if you divorce women
while yet you have not touched them, nor appointed to them a portion.
Provide for them, the rich according to his means, and the straitened
according to his means a fair provision. This is a bounded duty for those who
do well. 1 If you divorce them before you have touched them and you have
appointed to them a portion, then pay the half of that which you have
appointed, unless the woman agrees to forgo it, or he agreed to forgo it in
whose hand is the marriage tie. To forgo is nearer to piety. And forget not
kindness among yourselves. Allah is Seer of what you do. 2 If a woman is
divorced before the intercourse, then there is no period of Iddat. Content
them and release them handsomely. It is essential to keep in mind the legal
period, the Iddat when divorce has been decided. When she becomes pious
after the monthly period, then she may be divorced only.
Neither expels them from their houses nor let them go forth unless they
commit open immorality. When they have reached their term, take them back
in kindness or apart from them in kindness and call two honest witnesses. 3
The period of Iddat is 3 months for the ladies who have no menstruation
weather become old and her menstruation has stopped or a fresh girl whose
menstruation has not started yet. And for those with child, their period shall
be till they bring forth their burden. 4
Among your wives and children their enemies for you. Beware of them. 5
Those who forswear their wives must wait four months to change their mind.
The divorced women should wait unto three menstruations and their
husband would do better to take them back if they desire a re-conciliation.
Divorce must be pronounced twice and then the women must be retained or
released. If divorced the third time then she is not lawful until she has
wedded another husban d. If the other husband divorce her, it is no sin for
both of them to come together again.
When you have divorced women and they reach their term then retain or
release them. Place no difficulties in the way of their marrying after reaching
the term of Iddat. Such of you as die and leave behind them wives, the wives
shall wait, keeping themselves apart, four months and ten days and when
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2 : 236
2 : 237
65 : 1-2
4
65 : 4
5
64 : 14
3
68
they reach the term, then there is no sin for you in ought that they may do
with themselves in decency. Divorce is the abolition of the bond of marriage.
Only the man is entitled to initiate divorce. Divorce was known in the Arab
Peninsula before the lifetime of Muhammad, and it meant a final and
immediate dissolution of the marriage contract.
The Quranic basis for divorce comes in the two verses. Divorce is
pronounced twice then honourable retention or setting free kindly 1, and O
Prophet, whenever you and other Muslim divorce women, divorce them
when they have reached their period 2. Abdullah Ibn ' Umar narrated that he
had divorced his wife while she was menstruating during the lifetime of
God's Messenger. Order your son to take her back and keep her till she is
clean and then to wait till she gets her next period and becomes clean again.
Then if he wishes to keep her, he can do so; but if he wishes to divorce her he
must do so before having sexual intercourse with her. This is the prescribed
period, i.e., number of days, which God has fixed for the women meant to be
divorced. Divorce can be one of the following three excellent, good or
hateful the one effected at once.
1. The excellent wife divorced one time while she clean, having abstained
from having intercourse with her since with her previous menstruation,
with the intention of remarrying her.
2. The good divorce is when a man pronounces his wife divorced three
times; on the first, the second, and the third menstruation respectively,
while she is clean, having not had intercourse with her.
3. The hateful, or a typical divorce, it is to divorce one's wife twice or three
times during her menstruation all at once. A free woman should be
pronounced divorced three times, and a bondwoman twice. Hateful
divorce is also permissible.
In order for divorce to be effective, no goodwill or proper prayer is required.
It is affected by the man's saying,You are divorced from, or I have
divorced you. If a man says, You are divorced from here till Syria, it is
one revocable pronouncement of divorce. If he says, You will divorced in
Mecca, her being divorced will be in effect in all other countries. And if he
says,You are divorced before I marry you, it will be no divorce at all.
However if he says, You are divorced if I will not divorced you, or Until I
divorce you or When I have not divorced you and she keeps silent, then
divorce is in effect. But if he says,You are divorced unless I do not divorce
you, or If I have not divorced you, she will not be divorced till her death.
Divorce can be effected not only through explicit pronouncement, but by
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1
2
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70
the man and woman are married, the man is required to clothe, feed, shelter
and educate her or allow her to be educated in the same manner as she does.
Divorced Muslim Womens Right to Maintenance
Lodge them where you dwell, according to your wealth, and harass them not
so as to straiten life for them. And if they are with child then spend for them
till they bring forth their burden. Then if they give suck for you, give them
their due payment and consult together in kindness; but if you make
difficulties for one another, then let some other woman give suck for him, the
father of the child. Let him who has abundance, spend for his abundance, and
he whose provision is measured, let him spend of that which Allah has given
him. Allah asked naught of any soul except that which He has given it. Allah
will vouchsafe, after hardship, ease. 1
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65 : 6-7
In the case of Daniel Latifi v. Union of India JT 2001 (8) SC 218
71
1986 Act
Three-fold remedy:
1. Till the expiration of the iddat period the husband has been obliged to
maintain the wife
2. After expiration of iddat period the divorced women has her first
claim of maintenance against her own family.
3. But if the family members are unable to maintain the divorced
women, then the ultimate claim for maintenance lies against the State
Wakf Board.
The Shah Bano case had generated political controversy in the country.
Shah Bano was a 62 years old lady and mother of five children and she was
divorced by her husband in 1978. Shah Bano had no means to support herself
and her children. She approached the courts for securing maintenance from
her husband. The Supreme Court invoked section 125 of code of criminal
procedure, which applies to everyone regardless of caste, creed, or religion.
Muslim leaders MJ Akbar and Syed Shahabuddin formed an organization
known as the All India Personal Law Board. The then Prime Minister, Rajiv
Gandhi, agreed and cited the gesture as an example of secularism
In 1986, the Government passed an act that nullified the Supreme Courts
judgments in the Shah Banos case. This Act upheld the Muslim Personal
Law. Every application by a divorced woman under section 125 of the Code
of Criminal Procedure, 1973, pending before a magistrate on the
commencement of this Act shall, notwithstanding anything contained in that
code. be disposed of by such magistrate an accordance with the provisions of
this Act.
The Government passed the Muslim Women (Protection of Rights on
Divorce) Act, 1986 to dilute the judgement of the Supreme Court. According
to the objects of the Act, Where a Muslim divorced women is unable to
maintain herself after the period of iddat, the magistrate is empowered to
make an order for the payment of maintenance by her relatives who would be
72
entitled to inherit her property on her death according to Muslim Law.... But
where a divorced woman has no relatives or such relatives have not enough
means to pay the maintenance, the magistrate would order the State Waqf
Board to pay maintenance. The 'liabilities' of husband to pay the maintenance
was thus restricted to the period of the iddat only.
The Shah Banos case generated tremendous heat in India. Section 3 (1) (a)
of the Muslim Women (Protection of Right on divorced) Act, 1986 state that
a reasonable and fair provision and maintenance to be made and paid to her
within the iddat period by her former husband.
Supreme Court
A five-judges Constitution Bench of the Supreme Court while dealing with
the most contentious issue of constitutional validity of the Muslim Women
(Protection of Rights on Divorce) Act, 1986 and the Muslim divorced
womens right to claim maintenance from her husband after the period of
iddat under the 1986 Act, upheld the constitutional validity of the Act and
observed that
(a) a Muslim husband is liable to make reasonable and fair provision for the
future of the divorced wife which obviously includes her maintenance
and a reasonable and fair provision extending beyond the iddat period
made by the husband within the iddat period in terms of section 3(1)(a)
of the 1986 Act;
(b) liability of Muslim husband to his divorced wife arising under section
3(1)(a) of the Act to pay maintenance is not confined to iddat period; and
(c) a divorced Muslim woman who has not remarried and who is not able to
maintain herself after iddat period can proceed as provided under section
4 of the Act against her relatives who are liable to maintain her in
proportion to the properties which they may inherit on her death
according to Muslim law from such divorced woman including her
children and parents. If the relatives are found unable to pay her
maintenance, the magistrate may direct the state wakf board established
under the Wakf Act to pay such maintenance. 1
In the case of Mohd. Ahmed Khan v. Shah Bano Begum and Ors.
It is a case of unjust treatment with woman it is alleged that the 'fatal point in
Islam is the 'degradation of woman' 'Selections from Kuran' Edward William
Lane 1843, Reprint 1982, page xc (Introduction). To the Prophet is ascribed
the statement, hopefully wrongly, that 'Woman was made from a crooked rib,
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Danial Latifi & Anr. v. Union of India JT 2001 (8) SC 218; ILI
Newsletter Volume II, Issue 2 July-September 2001, page-8
73
and if you try to bend it straight, it will break; therefore treat your wives
kindly.
This appeal arising out of an application filed by a divorced Muslim woman
for maintenance under section 125 of the Cr. P.C., raises a straightforward
issue which is of the common interest not only to Muslim women, not only
to women generally but, to all those who, aspiring to create an equal society
of men and women. The appellant who is an advocate by profession was
married to the respondent in 1932. Three sons and two daughters were born.
In 1975 the appellant drove the respondent out of the matrimonial home In
April 1978 the respondent filed a petition against the appellant under section
125 of the code in the court of the learned judicial Magistrate (first class),
Idore asking for maintenance at the rate of Rs. 500 per month. On November
6, 1978 the appellant divorced the respondent by an irrevocable talaq. His
defence to the respondent's petition for maintenance was that she had ceased
to be his wife by reason of the divorced granted by him, that he was therefore
under no obligation maintenance for her, he had already paid maintenance to
her at the rate of Rs. 200 per month for about two years and that, he had
deposited a sum of Rs.3000 in the court by way of dower during the period
of iddat. In August, 1979 the learned Magistrate directed appellant to pay a
princely sum of Rs. 25 per month to the respondent by way maintenance. It
may bem antioned that the respondent had alleged that the appellant earns a
professional income of Rs. 60,000 per year. In July, 1980 in a revisional
application filled by respondent, The husband is before us y special leave.
Does the Muslim Personal Law impose no obligation upon the husband to
provide for the maintenance of his divorced wife undoubtedly, the Muslim
husband enjoys the privilege of being able to discard his wife whenever he
chooses to do so, for reasons good, bad or indifferently. No reason at all. But,
is the only price of that privilege the dole of a pittance during the period of
Iddat ? And, is the law so ruthless in it's in equality that, no matter how much
the husband pays for the maintenance of his divorced wife during the period
of iddat , that mere fact that he has paid something, no matter how little,
absolves him for ever from duty of paying adequately so as to enable her to
keep her body and soul together ? Then again, is there any provision in the
Muslim Personal law under which a sum is payable to the wife 'on divorce'?
These are some important, though agonising, questions which arise for our
decision. The question as to whether Section 125 of code applies to Muslim
also clause divorced wife, contains no words limitations to justify the
exclusion of Muslim women from its scope. Section 125 is truly secular in
character. Sir James Fitz James Stephen who piloted the Cr.P.C, 1872. If a
husband has contracted marriage with another woman or keeps a mistress, it
shall be considered to be just ground for his wife's refusal to live with him.
74
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husband as a marked of respect for the wife, as is evident from the fact that
Non-specification of Mahr at the time of marriage does not effect the validity
of marriage. Mulla's book itself contains the further statement at page 308
that the word consideration is not used in the sense in which it is used in the
Contract Act and that under the Mohomedan law Dower is an obligation
imposed upon husband as a mark of respect for the wife. We are concerned
to find whether mahr is an amount payable by the husband to the wife on
divorce. Divorce dissolves the Marriage Mahr is an obligation imposed upon
the husband as a mark of respect for the wife. A man may marry a woman for
love, looks, learning or nothing at all. And he may settle a sum upon her as a
mark of respect for her. But he does not divorce her as a mark of respect.
Therefore , a sum payable to the wife out of respect cannot br a sum payable
to the wife out of to respect cannot be a sum payable 'On divorce'.
In an appeal from a full Bench decision of the Allahabad High court the
Privy Council 1 summed up the nature and character of Mahr.
Dower is an essential incident under the Muslim Law to status of marriage;
to such an extent that is so that when it is unspecified at the time the marriage
is contracted, the law declares that it must be adjudged on definite principles.
Regarded as a consideration for the marriage, it is, in theory, payable before
consummation; But the Law allows its division into two parts, one of which
is called Promptpayable before the wife can be called upon to enter the
conjugal domicil; the other deferred, payable on the dissolution of the
contract by the death of either of the parties or by divorce. Divorced Muslim
wife is entitled to apply for maintenance under section 125 Mahr is not a
Sum which, under the Muslim Personal Law, is payable on divorce.
Article 44 of the Constitution The State shall endeavor to secure for the
citizens a uniform civil code throughout the territory of India. There is no
evidence of any official activity for framing a common civil code for the
country. A common Civil Code will cause of national integration by
removing desperate loyalties to law which have conflicting ideologies Justice
to all is a far more satisfactory way of dispensing justice than from case to
case. 2 Instead of wasting their energies in exerting theological and political
pressure in order to secure an immunity for their traditional personal law
from stated legislative jurisdiction, the Muslim will do well to begin
exploring and demonstrating how the true Islamic laws, Purged of their timeworn and anachronistic interpretations can enrich the common civil code of
India. Indian Institute of Islamic Studies, New Delhi made and appeal to the
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Rajiv Gandhi
Rajiv Gandhi was the son of the Prime Minister, Indra Gandhi and Grandson
of the India's first Prime Minister Jawaharlal Nehru. His mother Mrs. Indira
Gandhi was assassinated in 1984. Rajiv had been a Pilot for Indian Airlines.
While a Student at Cambridge, Rajiv met the Italian Catholic Sonia Maino.
Their marriage held in 1968. He and she both were uninterested in politics. In
1984 he had taken over his assassinated mother as the Prime Minister elected
in a sympathetic landslide which secured 80 percent of the seats in the Lok
Sabha. He got a greater majority than any previous Prime Minister of India
had received.
Indira had been killed by Sikh bodyguards in the aftermath of her decision to
launch Operation Blue Star. It was a governments attack on extremist
faction of Sikhs while they were in the holiest Sikhs shine, the Golden
Temple. Religious minority insecurities were on the rise and Rajiv's grace
period as a fledgling Prime Minister was over when Shah Bano's case forced
him to make a fateful decision about Muslim women's rights.
As Prime Minister, Rajiv could not challenge the Supreme Court's legal
interpretation, but his parliament could change the law itself. After Supreme
Court's ruling in favour of Shah Bano, new legislation was proposed by
alarmed Muslim politicians, the Muslim Women (Protection of Rights on
Divorce).
Some passage from the Muslim women (Protection of Rights on Divorce) Bill, 1986.
79
...The Supreme Court 1 has held that although Muslim law limits the
husband's liability to provide for maintenance of the divorced wife to the
period of iddat, it does contemplate or countenance the situation envisaged
by section 125 of Code of Criminal Procedure, 1973. This decision has led to
some controversy as to the obligation of the Muslim husband to pay
maintenance to the divorced wife. Opportunity has therefore, been taken to
specify the rights which a Muslim divorced woman is entitled at the time of
divorce and to protect her interest. The Bill accordingly provides for the
following, among other thing, namely:
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Mohd. Ahmed Khan v. Shah Bano Begum and others (A.I.R. 1985 S.C.
945)
2
three months or until the delivery of an unborn child
3
dowry
4
property endowed and held in trust for the Muslim community
according to Islamic law
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History
The personal law was codified under British rule. To administer their
colony, they did away the categories of Hindu law and Islamic law in
1947. British India was partitioned into Hindu majority India and Muslim
majority Pakistan. India's leader argued that India would be secular state, not
just for its Hindu majority. India is still one of the largest Muslim countries
in the world.
It was decided that personal laws would continue. The goal of a unified civil
code was included in the Constitution. The Special Marriages Act of 1954
offered couples a non-religious alternative to personal laws. The religious
diversity within Hinduism and Islam made it hard to define a single code
even for each community. The Hindu code underwent a major overhaul to
make it more uniform and also engage in some limited reforms on behalf of
women status of Muslim has been generally cautions. The Muslim leadership
did not relish the reforming their laws for them. Muslims spoke in defense of
the Supreme Court decision and Shah Bano. The then Cabinet Minister Arif
Mohammad Khan argued that the Muslim Women's bill was anticonstitutional, anti Islam and inhuman.
Shah Bano became a cause among many women's organizations. Some
Muslim feminist and other sympathetic to Shah Bano's situation supported
the court decision, while other activists lobbied for the bill.
Shah Bano and Human Rights
Shah Bano raises issue important to a broader understanding of human rights.
A key aspect between group rights and individual rights of women cultural
relativists argue that universal human rights maybe impossible in a culturally
diverse world, since values vary from country to country and community to
community. India has signed and ratified the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW) Article 16 of
CEDAW. States Parties shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family
relation and in particular ensure, on a basis of equality of men and women
the same rights and responsibilities during marriage and at its dissolution
Article 5 of CEDAW States Parties shall take all appropriate measures a.
modify the social and cultural patterns on conduct of men and women, with a
view to achieving the elimination of prejudices and customary and all other
practices which are based on idea of the inferiority or the superiority of either
of the sexes or on stereotyped roles for men and women,
81
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characteristics or attributes that are essential to life with dignity. These are
natural rights. 1 Islam bounds to follow these rights.
Dont do to others what is hateful to you. Dont do to others, as you would
have them do to you. Islam shows the path of mutual respect and fair dealing.
All men are brothers. Non-Muslims should be treated with no less dignity
and respect for their personality than Muslims. No discrimination against all
persons whether black or white or whatsoever.
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Jihad My Way
Jihad means effort, strive or struggle. Struggle in the cause of God and the
pursuit of truth. A group of Muslim soldiers came to the Prophet. He said
Welcome, you have come from the lesser jihad to the greater jihad. It was
said What is the greater jihad? He said The striving of a servant against
his low desires. 2 Jihad for Gods purposes is an obligation today for every
Muslim on this earth. American interests are spread everywhere in the world.
Every Muslim should carry out his true role towards his nation and his
religion. 3 If instigation for jihad against Jews and Americans is a crime than
than let history be a witness that I am a criminal...our job is to instigate, and
by Gods grace we did that and some people responded to it... 4
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those who reject it. 1 It is to indulge with full force for believe. It is not the
synonym of the war. In Quran the word Kital is used for war. Jihad is much
wider then kital. Jihad asks the people to devote the whole time by all means,
viz, money, speech, writing and fighting upto the extent of tiredness. To
make free the others except the boundations of Allah is the main aim of Jihad
and there should be no hesitation for war, if necessary. O you who believe!
Chose not My enemy and your enemy for friends. Do you give them
friendship when they disbelieve in that truth which has come to you, driving
out the messenger and you because you believe in Allah, your Lord? If you
have come forth to strive in My way and seeking My good pleasure, show
them not friendship. Do you show friendship to them in secret, when I am
best aware of what you hide and what you proclaim? And whosoever does it
among you, he verily has strayed from the right way. 2 Allah forbade you
only from those who fought against you on account of religion. And have
driven you out from your homes and helped to drive you out, that you make
friends of them. Whosoever made friends of them, all such are wrongdoers. 3
You should believe in Allah and His messenger, and should strive for the
cause of Allah with your wealth and your lives. That is better for you, if you
did but know. 4 Allah loves those who battle for His cause in ranks, as if they
were a solid structure. 5O Prophet! Strive against disbelieves and the
hypocrites. Be stern with them. Hell will be their home, a hapless journeys
end. 6 Allah cited an example for those who disbelieve. The wife of Noah and
and the wife of Lot, who were under two of our righteous slaves yet betrayed
them so that they (the husbands) availed them naught against Allah and it
was said (to them) Enter the Fire along with those who enter. 7 And Allah
cited an example for those who believe the wife of Pharaoh when she said;
My Lord! Build for me a home with you in the Garden, and deliver me from
Pharaoh and his work, and deliver me from evildoing folk. 8 Jihad has
become the most distorted, misrepresented and misconstrued term and it
requires a detailed study with critical analysis.
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Fight in the way of Allah against those who fight against you. 1 And slay
them wherever you find them, and drive them out of the places whence they
drove you out, for persecution is worse than slaughter. And fight not with
them at the Inviolable Place of Worship until they first attack you there. But
if they attack you , then slay them. Such is the reward of disbelieves. 2
Martyrdom means to sacrifice oneself willingly for a cause. Giving up ones
life for justice, for honour, or for a credo against the powerful adversary. It is
dying for a cause and killing for a cause. Jihad was understood in this sense.
But today the martyrdom and jihad have acquired the new meaning and thus
diverted from the true sense. Guru Tegh Bahadur gave up his life but not the
religion. Many Christians were entombed in the catacombs of Priscilla with
upholding their faith. In Kerela, the Muslim mappilah fought against the
landlords for their just rights. There is a singularity and purity of a martyrs
dying. The suicide terrorist squads go out in a blaze of glory taking down a
lot of other people with them. The innocent people become targets for
annihilation in such terrorist attacks. The quantum of death is important for
them. A terrorist makes no difference between killing and dying for a cause. 3
cause. 3
Hatred generates violence. They hate others who think differently from
themselves because they hold them to be ideologically in error. The Islamic
fundamentalism is the greatest crime against humanity. The target is the
obliteration of enemies. When the peaceful means of persuasion fails then the
arms are restored to remove the enemies. Muslim fundamentalists are
responsible for actions resulting from hatred and marked by violence taking
place in the name of Islam. 4 Islam preaches non-violence. God dislike fasad.
Fasad is the action of disruption of the social system and it causes huge loss
of lives and property. 5 Jihad, generally translated as1 religious war, is
perhaps one of the most abused and misused terms in the history of Islam.
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2
2
2 : 190
: 190
: 191
2 : 191
A different Martyrdom, Dipankar Gupta, The Times of India, (TOI,)
p.8 dt. 25.09.2001
4
Islam says Peace is one of Gods Names, Wahiduddin Khan, TOI, p.8.
dt. 25.09.2001
5
Id
3
85
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Id
Iqbal, the great Poet
3
Eckhart, TOI, 25.09.2001, scared space
4
101 Ways to Joy, Charlotte Davis Karl
5
Khalil Gibran
2
C.F. Dole
Jesus Christ
8
BahaUllah
9
Guru Nanak
7
86
houses and crops should not be burnt and no place of worship of any
religious persuasion be demolished. The so-called Mujahideens must stop
their misguided jihad and the killing spree. 1
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Kafir Disbeliever
KAFIR The coverer. One who hides or covers up the truth. The word is
generally used by Mohammedans to define one who is an unbeliever in the
ministry of Muhammad and his Quran and in this sense it seems to have been
used by Muhammad himself. Those who misbelieve and calls our signs lies,
they are fellows of the Fire; they shall dwell within for ever.
There are five classes of kafirs or infidels
(1) Those who do not believe in the Great First Cause;
(2) Those who do not believe in the Unity of God, as the Sanawiyah who
believe in the two eternal principles of light and darkness;
(3) Those who believe in the unity of God, but do not believe in a
revelation;
(4) Those who are idolaters;
(5) Those who believe in God and in a revelation, but do not believe in
the general mission of Muhammad to the whole of mankind, as the
Christians, a sect of the Jews. 3
Syed Shariff jurjani says Mankind are divided into two parties, namely, those
acknowledge the mission of Muhammad, or those who do not believe in it.
Those who do not believe in his mission are either who those reject it and yet
believe in the inspiration and divine mission of other prophets, as the Jews or
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War is Not the Aim of Jihad, Jamal Ahmad Khan, TOI, 22.09.2001
67 : 6-15
3
Kaddu-l-Muhtar Vol. 3, p. 442
2
87
the Christians, and also the Majusi, i.e., Fire worshipper; or those who do not
believe in any revelation of Gods will. Those who do not believe in any
revelation from God, are either those who acknowledge the existence of God
as the Brahma (Buddhist?) or those who deny the existence of a Supreme
Ruler, as the Dahri, or Atheists.
Those who do acknowledge the Muhammad as an inspired prophet are
either those who do it wilfully and from mere enmity, or those who do not do
not acknowledge it from reflection and due study of the subject. For the
former is eternal punishment, and for the latter that punishment which is not
eternal. There are also those who, whilst they are Muslims, are not orthodox
in their belief; these are heretics, but they are not Kafirs. Those who are
orthodox are an-Naji or the salvationists. 1 Kafir is he, who disobeys the
truth as told by Islam, Kafir means the person who refuses and disbelieves
in Islam. O disbeliever! I worship not that which you worship; or worship
you that which I worship. And I shall not worship that which you worship.
Nor will you worship that which I worship. To you, your religion and to me,
my religion. 2 La Ikra Fiddin is the essence of Islam, which means that
Islam has no compulsion in religion. Every religion has its own believe and
faiths. How a religion can speak about the other as non-believer! Believe and
disbelieve has to be understood in the wider sense otherwise there will be an
unhealthy environment due to fantasia.
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Fanaticism
The idolaters only are unclean. So let them not come near the inviolable
place of worship. Strive against the disbeliever and the hypocrites. Be harsh
with them. Fights those of disbeliever who are near to you and let them find
harshness in you. The whole world has seen the orthodoxy of Taliban.
Taliban has deprived not only the Hindus but also the Muslims of their
country from the normal human rights. The Hindus were directed by the
Taliban Government to move by wearing a turban. They were bound to hang
the yellow cloth on their doors. They could neither build the new temple nor
repair the old one. They were being forced to adopt the shariya otherwise
punishment was there. Taliban wanted Islamisation of their citizens and had
putted the conditions Either adopts the Islam or die. It had also been done
Sharhu-l-Muwaqif, p. 597.
109 : 1-6
88
Militancy
Militancy in Islam is a product of frustration arising from social or economic
backwardness, or the lack of power and proper education. It also arises from
89
a psychological feeling of defensiveness. Militants are always the rabblerousers. The ongoing struggle within Islam is a struggle between militancy
and quietist. The pressures of secularism on Islam are now growing. The
crisis facing Islam is not a new one, stemming as it does from a confrontation
with modernity. 1
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Legal Systems
No legal system can achieve greatness if it is frozen in a set form and
incapable of development and adoption to changing times. British common
law developed through long centuries. The Roman law developed through
hundred of treaties. The Hindu law was contained not only in one text but
also in a series. Jurist ability was rich in the Arabic world, but how could this
function against a background of immutable law contained in one all
embrace book, every aspect of which was of equal authority? How could
national and international relations both within the rapidly expanding world
of Islam and in relation to its neighbours be handled on the basis of an
unalterable text? There was a great deal of sophistication in Islamic legal
methodology. The main sources of Islamic law are:
1. Qiyas
Reasoning by analogy.
2. Istishah
Presumption of continuity.
3. Istislah
Consideration of Public interest.
4. Istihsan
the concept of equity.
The qudis (judges) when confronted with a legal problem or difficulty
consulted the muftis (jurisconsolts). The legal opinions or fetwa of the great
muftis were recorded and circulated for study. The fetwa generally took the
form of an impersonal and hypothetical opinion, with fictitious names
substituted for the names of the actual parties. The opinions were not binding
on the judges but were of great persuasive authority. The notion al amr bi
al- ma ruf bidding into good is obligatory on Muslims to require their
fellow Muslims to behave rightly and to restrain them from doing wrong.
This Islamic ethic is known as hisba. It conflicts directly with the common
law. 2
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Terrorism
Terror of Resurrection:
We have prepared for disbeliever manacles and carcass and a raging fire. The
righteous shall drink of a cup where of the mixture is of water of camphor.
Springs where from the slaves of Allah drink, making it gush froth
abundantly. We fear from our Lord a day of frowning and of fate. Reclining
therein upon couches, they will find there neither heat of a sun nor bitter
cold. There are they watered with a cup whereof the mixture is of Zanjabil,
the water of a spring therein, named Salsabil. There serve them youths of
everlasting youth, whom when you see, you would take for scattered pearls.
When you see, you will see their bliss and high estate. Their raiment will be
fine green silk and gold embroidery. Bracelets of silver will they wear. Their
Lord will slake their thirst with a pure drink and it will be said to them. This
is a reward for you. Your endeavour upon earth has found acceptance. He
made whom He will to enter His mercy, and for evil doers has prepared a
painful doom. 1 They ask you of the Hour. When will it come to port? Why
ask they? What has you to tell thereof?
To your Lord belongs the knowledge of the term thereof. 2 It is not the duty
of the Prophet to tell the date of Resurrection. He only warns about it.
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Terror to others
They who persecute believing men and believing women and repent not,
theirs verily will be the doom of burning. 3 If the hypocrites, and those in
whose hearts is a disease, and the alarmists in the city do not cease, we verily
shall urge you on against them, then they will be your neighbours in it but a
little while. 4
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Terrorist
Fools of poor understanding have themselves for their greatest enemies, for
they do evil deeds, which bear bitter fruits. 5
Terrorism is not the pursuit of legitimate complaints by illegitimate means.
There needs to be through examination, by Muslims everywhere, of why it is
that the faith they love breeds so many violent mordant strains. 6
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Terrorists are neither Muslims nor Christians; neither Hindus nor Sikhs. The
religion of terror is quite unlike the traditional religions. Its altogether a
different concept. Terrorism is the murder of the innocent as happened in the
case of mass murder at the World Trade Centre. It is the violence American
forces perpetrated on innocent Afghan civilians. All acts of terror are anti
Islam and anti jihad and anti of any religion. Islam considers all creature of
God as one family. The faith must be true and sincere. Islam has furnished
the highest possible standard of morality. 1
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Black Tuesday
2
If you must live in a city, New York is the only city in the world. It is
the Tuesday of Terror in the history of America and the world.
The Americans were beginning the morning of Tuesday on September
11, 2001 while the terror struck at the heart and might of America at
New York out of a clear blue sky. Several large planes were hijacked
from airports and were crashed on two of the tallest buildings in the
world, the 110 storey twin World Trade Centre in New York and the
Pentagon building outside Washington, the nerve centre of the United
States military command hierarchy. The Pentagon was the very soul of
American military might and a geometric structure that goes several
floors underground with the intent of surviving a nuclear attack.
Another was averted when a hijacked aircraft crashed in the State of
Pennsylvania. It represents a great crime against humanity. More than
6,000 people were killed apart from monumental damage. It was the
worst terrorist attack in history. It shocked the whole world. This
inhuman violence spawned by an extreme form of religious
fundamentalism. It couldnt have happened anywhere but in little old
3
New York.
Elusive Saudi militant Osama bin Laden was the prime culprit in Tuesdays
attacks. Osama thanked Allah and bowed before Him when he heard the
news of Tuesdays attack. 4 He said, Im fighting so I can die a martyr and
go to heaven to meet God. Our fight now is against the Americans. 5
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Sunday of Retaliation
George W. Bush, the President of US, asked, every nation, in every region,
now has a decision to make. Either you are with us or you are with the
terrorist. He also urged for the global effort against the global terrorism and
said, The Taliban will hand over the terrorists or share in their fate... we will
direct every resource at our command... every weapon of war... to defeat the
global terror network.
Britain and US attacked Taliban on Sunday, October 07, 2001 as the
retaliation of the Tuesdays terrorist attacks in New York and Washington. It
ruined the Taliban. So many innocents also suffered.
Taliban
TOI, 2.10.2001, p. 1
TOI, 26.09.2001, p. 1
TOI, 27.09.2001, p. 1
4
TOI, 28.09.2001, p. 1
3
TOI, p. 1, 08.10.2001
93
Talib means one who seeks An inquirer. It is a term generally used for
student of divinity, i.e., Talib-e-ilm. The acquisition and the imparting of
religious knowledge are very highly commended by Muhammad. The desire
of knowledge is divine commandment for every Muslim, and to instruct in
knowledge that are unworthy of it, is like putting pearls, jewels, and gold on
the necks of swine. Whoever is asked about the knowledge which he has
and concealed it, will be reined with a bridle of fire on the Day of
Resurrection. These are two avaricious persons that are never satisfied one
of them is knowledge, the more he attains the more he desires; the other of
the world, with the things of which he is never satisfied. That person who
will pursue the road of knowledge, God will direct him to the road of
paradise; and verily the angels spread their arms to receive him that seek
after knowledge; and every thing in heaven and earth will ask grace for him.
Verily the superiority of a learned man over a worshipper is like that of the
full moon over all the stars.
Taliban means students. In 1996 Taliban government take over the
Northern Alliance. Pakistans intelligence agency ISI helped the students
studying in Madarsas to fight against the Northern Alliance Government and
to form there own government, the Taliban. America also shows his positive
attitude towards this and finally Taliban Government captures over 95% of
Afghanistan. Only 3 nations had given recognition to the Taliban
Government. Since from that time Afghanistan became the centre of terrorist
camps. Among which Al-Qaida is the major terrorist group headed by Osama
bin Laden. Osama provides weapons, financial help and whatever the
Taliban rules want, as he was free to run the terrorist camps and was free to
do any terrorist activity in any country.
Osama bin Laden
Osama bin Laden was born in 1957 in Saudi Arabia. He stands 6 feet 6
inches high unstooped and six feet four inches stooped weight some 160
pounds, of thin built, and has brown hair, brown eyes. He is the leader of a
terrorist organisation known as Al-Qaida, meaning The Base. Personal
worth is pegged at $300 million. His various names are The Prince, The
Emir, Usamah Bin Muhammad Bin-Laden, Abu-Abdullah, Mujahid Shaykh,
Hajj, and rather Mysteriously, The Director. 1
Now 44, bin is the 17th of the 52 children fathered by Saudi construction
magnate, Muhammad Awad bin Laden. His mother, a Palestinian or a Syrian,
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was apparently bin Laden seniors tenth (some say he had only four wives)
and least favoured wife. Osama was the only child of his union. 1
Laden defines terrorism as The duty to lead the people to the light. We
believe that the biggest thieves and terrorists are the Americans. The only
way for us to fend off these assaults is to use similar means. To this end,
we do not differentiate between those dressed in military uniforms and
civilians; they are all targets... 2
Osama got a degree in business administration, or perhaps civil engineering
from a Saudi university where he was exposed to extreme Islamic ideologies.
In 1979, the Soviets invaded Afghanistan and bin Laden found his true
calling, first providing logistical help to the Afghan resistance and
eventually joining the battle himself. He is recognised as the most popular
terrorist of the world. Bin Laden, who had a university education in Saudi
Arabia but lacks formal Islamic education, has been able to make an
exceptionally persuasive case that international terrorism is the work of
God. 3After graduation Osama assisted his father Muhammad bin Awdah bin
Laden for a while. In this period he became a deeply religious person. 4
A $1 million gift from the generosity of the bin Laden family promotes the
study of Islamic law at Harvard Law School. At Harvards Graduate School
of Design, another $1 million donation from the bin Laden endows students
and professors who pursue the field of Islamic art and architecture. 5
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Id
Id
3
Yossef Bondansky, author of Bin Laden The Man Who Declared War
on America.
4
Frontline, October 12, 2001, p. 28, Americas War, Terror Unlimited,
Rohan Gunaratna.
5
Osamas Siblings, TOI, p. 1, 17.09.2001
2
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the wicked comes in his head. The desire of the righteous is only good but
the expectation of the wicked is wrath. The fruit of the righteous shall be
recompensed in the earth, much more the wicked and the sinner. A good man
obtains the favour of the Lord but a man of wicked devices will be
condemned. A man shall not be established by wickedness. The words of the
wicked are to lie in wait for blood. A righteous man regards the life of his
beast but the tender mercies of the wicked are cruel. The way of a fool is
right in his own eyes. The heart of fools proclaimed foolishness. The
righteous eats to the satisfying of his soul but the belly of the wicked shall
want. Go from the presence of a foolish man. Fools make a mock at sin. The
house of the wicked shall be overthrown. A wise man fears and departs from
evil. He that is soon angry deals foolishly. The evil bow before the good and
the wicked at the gates of the righteous. In the house of the righteous is much
treasure but in the revenues of the wicked is trouble. The Lord will destroy
the house of the proud. The heart of the righteous studies to answer. Better is
a little with righteousness then great revenues without right.
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Peace
1
2
When peace has been broken anywhere, the peace of all countries
everywhere is in danger. 1
Unfortunately about 75% of the Muslims are poor, illiterate and living in the
villages. Most of the Muslim children may be seen in doing the labour jobs
instead of getting education. There is a need of proper education for them.
The boys who are getting the religious education in the madarsas may be
seen devoid of newspaper, TV, and unknown about the outside happenings.
These Madarsas get funds as Zakat, khairat and Imdad. The teaching is free
of cost there. It is the need of the hour to pay attention what is being taught in
the Madarsas. The education must be in true sense to make the mind rational,
analytical and the thinking upright.
No religion advocates war. No religion wants to harm the human beings of
the other religion. Islam is also a religion and preaches about peace. There is
a need of peace. The true education can enlighten the path of true faith and
respect for other religions too. Man has the right and desires to exist
peacefully in the world and religion provides it.
It is Islam who makes the man truthful and free from fear as the fear lies in
the heart and Islam purifies the heart. Fear is the main source of superstition
and one of the main sources of cruelty. To conquer fear is the beginning of
wisdom. 2 Islam shows the path of humanity and dignity to the mankind. This
is the Islam a way of life and I know it as.
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1
2
Franklin D. Roosevelt
Bertrand Russel
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