8. TOPICS APPARENTLY CONTROVERSIAL

This chapter covers some very important topics mentioned in the Qur'an but which are often misrepresented in the Western press in order to label Islam barbarous or out-dated. Sadly, the Muslim states have never presented a believable case to the contrary, rather, preferring to misuse the following concepts in order to underpin and enhance their temporal authority.

8.1 Punishment for stealing

The last few years have seen the introduction of 'Islamic Law' (Shariah or Shariat) in some countries which call themselves Islamic States. One law in particular, quite often labelled by the West as barbaric, is the severing of a hand for theft. The so-called Islamic States which carry out these punishments do so for various political reasons, primarily to create fear and to hold on to power. Unfortunately, they go unquestioned, simply due to the fact that most people in the countries in question have no solid grounding in the Qur'anic injunctions regarding these issues.

According to the Qur'an, any punishment should fit the crime. The Qur'an says:

(5:45) And We prescribed for them therein: The life for the life, and the eye for the eye, and the nose for the nose, and the ear for the ear, and the tooth for the tooth, and for wounds of retaliation. But whoso forgoeth it (in the way of charity) it shall be expiation (atonement for past sins) for him. Whoso judgeth not by that which Allah hath revealed; such are wrong-doers.  

If we are to follow the Qur'anic guidance that the punishment should fit the crime, then we cannot cut off the hand of a person who  has stolen wealth as such a punishment would be utterly inconsistent with the nature of the original offence. Rather, we have to look very carefully at the verses which deal with this issue. The Law regarding this punishment is given in verses 5:38,39. In verse 38 the word yad is translated in its literal sense as 'hand'. However, besides 'hand' the word yad also means 'strength of hands', 'power', 'property', 'wealth', 'blessings', 'obligation', and 'support'. Many Arabic words contain such multiple meanings and it is important to note that the appropriate meaning will always depend on the context in which it is used. Here the context is stealing (i.e. of wealth) and therefore for the punishment to fit the crime wealth should be recompensed for wealth and not 'hand' for 'wealth'. The thief should be given a punishment where he is made to give up his wealth to make good the loss of the person he has robbed. Hence the following translation of the verse, as given by the late Ahmed Ali Khan Jullundri in his translation and commentary of the Qur'an, is accurate:1

(5:38) As for the thieves, male or female, cut off their means of support and favours, take away their wealth and what they have hoarded, and make their hands and strength work (for the person whom they have robbed till the price of the stolen goods and some fine is recovered), an exemplary punishment from Allah for their serious crime and Allah is Mighty, Over-powering and the Possessor of great knowledge and He is the best disposer.2     

The above translation also makes clear sense of the verse that follows it.

(5:39) But if the thief has repented and returned all the stolen goods and has mended himself, then truly Allah turns to him in forgiveness; surely Allah is Oft-forgiving, Most Merciful. 

On the other hand if verse 5:38 is translated literally to mean cutting off the physical hand, then verse 5:39 cannot be sustained logically. It would be ridiculous to suggest that Allah turns to a repentant thief who is now minus a hand! How is forgiveness appropriate after such a heavy penalty! However, we are told that if the thief returns the stolen goods and repents and reforms then he should be forgiven. This facility is directly at odds with any thought of cutting off a limb as a means of retribution, since such an action is irreversible.

In fact, in a truly Islamic State the question of cutting off a hand would not arise at all. There would be social justice and the State would act as trustee for the entire population. Hunger, injustice and poverty would be eliminated, as the wealth would be used for the benefit of the people. Further, the Qur'an states quite clearly that any such crime must be forgiven if there are mitigating circumstances i.e. poverty, hunger etc., as stated in the following verse 

(5:3) [...]whoso is forced by hunger, not by will, to sin: (for him) lo! Allah is forgiving, Merciful.

So how can these verses ever be construed to advocate the cutting off of a hand? In tracking down the cause, for the mistranslation of verse 5:38 we need look no further than the prolific Hadith compilers who 'report' this un-Qur'anic retribution for theft (Bukhari 5.597, Muslim 4190, Abu Daud 4367, 4396).  

8.2 Adultery (see 10.3)

8.3 Does the Qur'an sanction the beating of women?

Even in the best of marriages there are bound to be occasional discord or ill-will.  In extreme and unjust circumstances this can sometimes result in the wife being beaten by the husband.  This is beyond question a lamentable fact. However, the seemingly justification for this outrage which is attributed to a particular Qur'anic verse stems from the misinterpretation of the verse  in question - 4:34 – which, construed through a particular prism is made to seem to allow this. Let me quote the traditional translation of the verse and then explain why it is wrong.   

(4:34) [...]as for those women on whose part ye fear rebellion (nushuz), admonish them and banish them to beds apart, (and last) beat (adriboo) them. Then, if they obey you, seek not a way against them.

The key to the problem is the mistranslation of the two key words nushuz and adriboo. Some of the possible meanings for both the words, according to the lexicon,3 are given below. Again, the appropriate meaning will depend on the context of the verse.

Nushuz: Animosity, hostility, rebellion, ill-treatment, discord; violation of marital duties on the part of either husband or wife.

Adriboo (root: daraba): to beat, to strike, to hit, to separate, to part.

In the context of the above verse the most appropriate meaning for nushuz is 'marital discord' (ill-will, animosity etc), and for adriboo is 'to separate' or 'to part'. Otherwise, it is inviting the likelihood of a divorce without any reconciliation procedure.  Such a step would blatently contravene the Qur'anic guidance shown in verse 4:35 below. Therefore, a more accurate and consistent translation of the above verse would be:

(4:34) [...]as for those women whose animosity or ill-will you have reason to fear, then leave them alone in bed, and then separate; and if thereupon they pay you heed, do not seek a way against them.

The separation could be temporary or permanent depending on the reconciliation procedure.  Such as construction is legitimate within the terms of the language and fits in very well with the divorce procedure outlined in the Qur'an (see 8.5).

The verse following the above verse gives further weight to the above translation.

(4:35) And if ye fear a breach between them twain (the man and the wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever Knower, Aware.

Added weight to the meanings outlined above is given by verse 4:128 quoted below.  Here, in the case of a man, the same word nushuz is used, but it is rendered as 'ill-treatment' as against 'rebellion' in the case of a woman as shown earlier in the traditional translation of verse 4:34. One find oneself asking whether since the ill-treatment is on the part of the husband, a process of reconciliation is here to be encouraged!

(4:128) If a wife fears ill-treatment (nushuz) or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best[...]

This, obviously, is a double standard and the only way to reconcile the meanings of the two verses, in the contexts they are being used, is to accept the meaning of adriboo as: 'to separate' or to 'part'. In this connection I would like to refer the reader to an excellent article by Rachael Tibbet from which I quote:

(a) Qur'anic commentators and translators experience problems with the term Adribu in the Qur'an not just in this verse but in others, as it is used in different contexts in ways which appear ambiguous and open to widely different translations into English. 'Daraba' can be translated in more than a hundred different ways.

(b) The translation of adribu as 'to strike' in this particular verse (4:34) is founded upon nothing more than:

(i) The authority of hadiths (Abu Daud 2141 and Mishkat Al-Masabih 0276) that this is what Adribu means in this context.

(ii) The prejudices and environment of the early commentators of the Qur'an which led them to assume that 'to strike', given the overall context of  the verse, was the most likely interpretation of the many possible interpretations of adribu.4        

8.4 Women's rights

There is a great deal of misconception in the West about women's rights in Islam. This is hardly surprising when you consider the widespread ignorance of what the Qur'an actually teaches, both among Muslims and non-Muslims.  Added to this is also the fact that the Western democracies quite often pride themselves on the freedom and equal rights given to the women in the West. It is important to examine this claim and to find out what happens in reality. Perhaps it would be easier to understand the real position of women in Western society by outlining some of the facts and then show how Islam treats women, according to the Qur'an.

Taking Great Britain as an example the following facts emerge:

1. Although women outnumber men they occupy very few high-ranking jobs. Even in comparable jobs, they are not paid the same rate as men. Labour Market Trends, (December 1998, p. 626) shows that adult average gross weekly pay of full-time employees in Great Britain, in April 1998, was £506 for non-manual men and £330 for non-manual women; manual men received £328 and manual women £221.

2. Given a total of over six hundred M.Ps. in Parliament the number of women M.Ps. is insignificant, and the same can be said for the House of Lords. Social trends (28, 1998, p. 229) shows that at the end of November 1997 women MPs in Parliament were only 18% of the total.

3. The commercial exploitation of sex is widespread and the sexual abuse that goes with it is often hushed up in the name of 'freedom'. In addition to which, women are more sexually exploited than men, sexually provocative images of women being used to sell everything from fizzy drinks to cars.  

4. The unlimited sexual freedom that goes on in social life results in very high divorce rates. The philosophy being that all is well so long as one does not get into trouble. The moral side of sex is completely ignored. The following are some of the statistics from Social Trends (28, 1998, p. 41).  

Cohabitation: Around a quarter men and women who had ever been married had cohabited before their first marriage, while 69% had cohabited before a second marriage.

Families: Lone parents headed around 21% of all families with dependent children in Great Britain in 1996, a figure which had tripled since 1971.

Households: The number of households in Great Britain comprising a married couple with dependent children has fallen over the last 35 years, from 38% in 1971 to 25% in 1996-97.

5. Last but not least is the commercial exploitation of pornographic materials, including blue video films. These are widely available in the name of 'freedom of choice'. It is difficult to calculate the price women pay for being conned into the use of their body by unscrupulous men.

My reason for making the above points is to show that the West's claim of freedom and equality for women is simply a myth. If we examine women's rights in the Qur'an then we can see a fundamental difference in approach. The Qur'an deals with the reality of human existence as it is and protects the rights of women in that context.  It is not hypocritical like some 'religious' persons who try to insist that these realities do not exist. Despite this, the accusation is often made against the Qur'an that men and women are not regarded as equal. The verses often quoted in support of this view are as follows:

(2:228) [...]the rights of the wives (with regard to their husbands) are equal to their (husbands') rights with regard to them, although men have a degree (of advantage) over them. Allah is Almighty, Wise. (see note on page 96)

(4:34) Men are the maintainers of  women, because Allah hath made one of them to excel the other, and because they spend of their property (for support of women)[...]

(2:282) O ye who believe! When ye contract a debt for a fixed term, record it in writing. Let a scribe record it in writing between you in (terms of) equity[...]. And call to witness, from among your men, two witnesses. And if two men are not (at hand) then a man and two women, of such as ye approve as witnesses, so that if the one erreth the other will remember[...]         

Regarding the first two verses, it is necessary to examine Allah's role in human affairs. The Qur'an provides clarification on this point in verses: 20:50, 16:68, 6:38, 24:41, 41:12 and many others, of which 20:50 is quoted below.

(20: 50) [...]Our Rabb is He who gave to each (created) thing its form and nature, and further gave (it) guidance.

Thus, according to verse 20:50, Man has been given a form and nature by Allah which is distinct from that of Woman. It is plain both from the Qur'an and plain common sense that the form and nature of Man and Woman is complementary, and a respect of each other in this matter is the best possible compromise for a balanced and happy life together. However, this distinction in form and nature must not be equated with an intellectual pre-eminence on the part of the man and certainly no suggestion is made in the Qur'an to the contrary (see verse 33:35, as quoted later).

One of the forms given to the man is physical strength, by virtue of which he, statistically, plays a dominant role as maintainers (but not as rulers as has been portrayed in some translations of the Qur'an). To counter the dominant role of the man the Qur'an has encouraged economic independence of the woman in the sense that a woman's earnings are entirely her own and need not be mixed with family expenses.

(4:32) [...]unto men a fortune from that which they have earned, and unto women a fortune from that which they have earned, (envy not one another) but ask of Allah His bounty. Lo! Allah is ever Knower of all things.

In reality men tend to have, statistically speaking, the upper- hand in society in view of the control they exercise in almost all spheres of life. This is not to say that women will never occupy the highest jobs in the country but, speaking statistically, men will always occupy the highest proportion of important jobs in most societies and therefore will exercise their economic and financial control over women. However, this does not mean that the women are intellectually or - come to that - spiritually inferior. The Qur'an makes this abundantly clear in the following verses:  

(33:35) Lo! Men who surrender unto Allah, and women who surrender, and men who believe and women who believe, and men who obey and women who obey, and men who speak the truth and women who speak the truth, and men who persevere (in righteousness) and women who persevere, and men who are humble and women who are humble, and men who give alms and women who give alms, and men who fast and women who fast, and men who guard their modesty and women who guard (their modesty), and men who remember Allah much and women who remember -- Allah hath prepared for them forgiveness and a reward.

(16:97) Whosoever doeth right, whether male or female, and is a believer, him verily We shall quicken with good life, and We shall pay them a recompense in proportion to the best of what they used to do.

Thus the woman has been given the same capacity in Islam -- to be or to do what the man can. As for the criticism with reference to verse (2:282) quoted before (i.e. why two women witnesses are required to replace one man) there are a number of logically sustainable answers of which I give two below:

Even for men the Qur'an has prescribed the condition of TWO men to appear as witnesses in a court of law. If some deficiency remains in one witness's statement, the other can make it up -- that is to make good a probable deficiency. It is a sort of confirmation of one statement by the other. Similar is the case of two women as witnesses. Shyness is a specific feature of women as compared to men. Under this circumstance she certainly needs another woman whom she knows, to stand by her side and corroborate the evidence.5

The verse 2:282 refers only to the financial or business transactions (whereas in verse 24.8 we see that woman alone can be a witness). Since men are traditionally the breadwinners and are legally responsible for the maintenance of the family, it is logical to assume that they would be (statistically speaking) more familiar with commercial transactions. To protect a woman's business interest, it is recommended that she have a co-witness. It should be noted that the same recommendation is made for a man.6

The Qur'an disapproves of divorce but accepts it is necessary when all other measures have failed. In this connection, the Qur'an has cautioned believers to be very careful with regard to it, and has pointed out the steps that the spouses have to take for reconciliation, in cases of serious discord between them. In fact, the procedure for divorce in Islam is such as to encourage reconciliation (see 8.5).  

On the question of marriage there is usually a misconception that in Islam a man can marry four wives at the same time. This misconception comes from the Hadith literature. The fact is that the Qur'an encourages monogamy and regards polygamy as an exception (see  8.6). The main point to consider is that, although men have more power and influence in society, women must be treated equally in terms of all humane considerations. The Qur'an gives strong guidance on our everyday behaviour and strong warnings if we choose to ignore them.     

Verses 7-13 of sura 4 deal with laws and rules of inheritance. However, it is important to note that the inheritance, in all cases, applies only after the deceased's will has been executed and his debts have been paid. As far as the women's share is concerned, in general they are entitled to half the share of that given to men. This seems unfair only when viewed superficially and out of the context of other Qur'anic directives.  In order to understand more fully, we must remember that the woman is allowed to keep her whole share for herself alone, whereas the man must maintain his family from out of his portion. Verse 4:34 (already quoted in this section) confirms this. Note also the following verse:

(2:233) Mothers shall suckle their children for two whole years; (that is) for those who wish to complete the suckling. The duty of feeding and clothing nursing mothers in a seemly manner is upon the father of the child. No one should be charged beyond one's capacity.

Many other verses indicate that in Allah's eyes -- men and women are treated equally.  These should give us a clear guidance for our own behaviour. The principle of equality is observed even in the case of reward and punishment, as stated below:

(48:5,6) That He may bring the believing men and the believing women into gardens underneath which rivers flow, wherein they will abide, and may remit from them their evil deeds -- That in the sight of Allah, is the Supreme Triumph -- And may punish the hypocritical men and the hypocritical women, and the idolatrous men and the idolatrous  women, who think an evil thought concerning Allah[...]  

In fact, verses similar to the above are met often in the Qur'an. Yet a point is often made by the Qur'an's detractors (as a supposed instance of male chauvinism) that it contains verses which state that believing men in heaven are granted companions with wide lovely eyes (houri). This is mainly due to mistranslation and misinterpretation of the the following verses:

(2:25) [...] There for them are pure companions (zauj ); there forever they abide.

(44:54) Even so (it will be). And We shall wed them unto companions (zauj ) with wide lovely eyes (hur-ayyin).  

(52:20) Reclining on ranged couches. And we wed them unto companions (zauj ) with wide lovely eyes (hur-ayyin).

(56:22-24) And (there are) companions (zauj ) with wide, lovely eyes (hur-ayyin),  like unto hidden pearls, reward for what they used to do.  

The word zauj  means "one of a pair", and can apply to either of the two sexes. Therefore, instead of translating this word as "one of a pair" it would be better to use the word "companions" which can apply to both, either male or female.

The accurate translation of the word hur means "marked contrast between the white of the cornea and and the black of the iris". Therefore the nearest translation of hur-ayyin can be  "with wide lovely eyes". Further, the word hur is a plural word and can apply to both male and female. Its feminine is haura and masculine is ahwar.  

Hence the references made to the above verses are for the righteous believers where no specific distinction is made for male or female.

Regarding veiling of women in public life there is no mention in the Qur'an that women must completely cover themselves in the presence of others. In fact, modesty is for both men and women, with more emphasis being placed on women owing to their vulnerable position in society (see 8.7). Muslim social life excludes having boyfriends and girlfriends, free sexual mixing, dancing between men and women, taking alcohol and such other things from which pre-marital and extra-marital sexual relationships frequently develop.       

Finally, we must clarify quite strongly that women occupy a very important position in the family by caring for and holding the family together. The loving relationship between the grandparents and the children, and the parents and their children, gives lasting stability to the children in their later life; and in all these women hold a most prominent position.

(31:14) And we have enjoined upon man concerning his parents -- his mother beareth him in weakness upon weakness, and his weaning is two years -- give thanks unto Me and unto thy parents. Unto Me is the journeying.     

8.5 Divorce and reconciliation procedure7

It is sometimes said that divorce is easily obtained in Islam, and that it consists of pronouncing the intention to divorce three times at one and the same time. This is a gross distortion of the facts.  The reality – as described by the Qur'an – is as follows:

It is true that there should be three pronouncements. However, only one pronouncement can be given on the very first occasion.  This is followed by a long period before a second pronouncement can be made, and a further delay before any third pronouncement can be made. The third pronouncement makes the divorce final. The very length of this procedure leads to reconciliation in most cases.

Before any pronouncement of divorce is made the husband should first have been patient with his wife. If he sees something in her of which he disapproves or simply dislikes, then he should try to balance her good qualities with her faults in his own mind.     

(4:19) [...]and consort with your wives in a goodly manner; if you dislike them, it may be that you dislike something which God might yet make a source of abundant good.

(4:34) [...] As for those women whose animosity and or ill will you have reason to fear, then leave them alone in bed, and then separate; and if thereupon they pay you heed, do not seek a way against them (see 8.3).

If all these approaches fail, and the rift between the husband and wife deepens then resort should be made to arbitration by appointing two persons (one from the wife's side and one from the husband's side) of good will and sound judgement.

(4: 35) And if ye fear breach between them twain (the man and wife), appoint an arbiter from his folk and arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever Knower, Aware.  

And if all these measures fail then the husband may resort to divorce, but he must follow the procedure laid down by the Qur'an.  

(2:226, 227) Those who take an oath that they will not approach their wives shall have four months of grace; and if they go back (on their oath) -- God is Much-Forgiving, a Dispenser of grace. But if they are resolved on divorce -- behold God is All-Hearing, All-Knowing.           

(2:228) And the divorced woman shall undergo, without remarrying, a waiting-period of three monthly courses: for it is not lawful for them to conceal what God has created in their wombs, if they believe in God and the Last Day. And during this period the husbands are fully entitled to take them back, if they desire reconciliation; but, in accordance with justice, the rights of the wives (with regard to their husbands) are equal to their (husbands') rights with regard to them, although men have a degree (of advantage) over them. And God is Almighty, Wise.

Note: the husband has relative advantage over his wife in the sense that the wife has to wait because of the possibility of pregnancy. Moreover, the husband has the primary responsibility of maintaining the family. In all other aspects husbands and wives have similar rights to one another, and this implies that the wife, too, has the right to divorce the husband. Otherwise 'equal' or 'similar rights' according to (2:228) has no meaning. Also, note the following verse:  

(65:6,7) (Hence) let the women (who are undergoing a waiting period) live in the same manner as you live yourselves, in accordance with your means; and do not harass them with a view to making their lives a misery. And if they happen to be with child, spend freely on them until they deliver their burden; and if they nurse your offspring (after the divorce has become final), give them their (due) recompense; and take counsel with one another in a fair manner (about the child's future). And if you both find it difficult (that the mother should nurse the child), let another woman nurse it on her behalf. (In all these respects) let him who has ample means spend according to his means; and let him whose means of subsistence are scant spend in accordance with what God has given him: God does not burden any human being with more than He has given him -- (and it may well be that) God will grant, after hardship, ease.  

Other verses on divorce procedures are as follows:

(2:229) A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. It is not lawful for you, to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah[...]

(65:2) And so, when they are about to reach the end of their waiting-period, either retain them in a fair manner or part with them in a fair manner. And let two persons of (known) probity from among your own community witness (what they have decided); and do yourselves bear true witness before God[...]

(2:230) And if he divorces her finally (the third time), she shall thereafter not be lawful unto him unless she takes another husband; then if the latter divorces her, there shall be no sin upon either of the two if they return to one another -- provided that both of them think that they will be able to keep within the bounds set by God.

As stated in the note above, the wife also has the right to seek divorce. She can initiate the divorce if she fears ill-treatment or desertion by her husband. However, before separation, if possible, the two should try to settle the differences amicably. Self-interest is the main hurdle to such a settlement.

(4:128) And if a woman has reason to fear ill-treatment from her husband, or that he might turn away from her, it shall not be wrong for the two to set things peacefully to rights between themselves: for peace is best, and selfishness is ever-present in human souls. But if you do good and are conscious of Him -- behold, God is indeed aware of all that you do.

If amicable settlement is not possible, then as stated before in verse 4:35, they should resort to arbitration by appointing two persons (one from the wife's side and one from the husband's side) of good will and sound judgement. And if these fail then the only course left is to separate as the following verse states:  

(4:130) And if the husband and wife do separate, God will provide for each of them out of His abundance: for God is indeed Infinite, Wise.  

Also in such cases, to keep the limits ordained by Allah a woman can, if necessary, free herself by sacrificing part of her dowry or marriage gifts (see verse 2:229 above).

8.6 Polygamy in Islam

The idea is widely put about that the Qur'an supports or condones polygamy.  This view is not entirely wrong, but nor is it right in all circumstances.  To find the true position we need to dig a little deeper than hearsay or a superficial reading.

The verses which are often used to support the idea of polygamy are:

(4:2,3) Give unto orphans their wealth, exchange not the good for the bad (in your management thereof) nor absorb their wealth. Lo! That would be a great sin. And if ye fear that ye will not deal fairly by the orphans, marry of the women who seem good to you, two or three or four; and if ye fear that ye cannot do justice (to so many) then one (only) or (the captives) that your right hand possess. Thus it is more likely that ye will not do injustice.

From the last verse it must be emphasised that the Qur'anic position is that – unless one is able to treat his wives with just equality – one must not consider taking more than one wife. In practice, this condition is most difficult to fulfil and so it must be understood that the general recommendation is towards monogamy. Also, polygamy, as the verse suggests, can only be justified under particular circumstances. In any case, there is no escaping the fact that a man has ultimately to justify all his actions before Allah, remembering that Allah knows what is in his heart. The following verse emphasises the fact that it would be extremely difficult to deal justly between more than one wife. If one does put himself in that situation, it is only right to insist that one should not ignore the first wife, but fulfil all the outward duties that are obligatory on him in respect of her.

(4: 129) Ye will not be able to deal equally between (your) wives, however much ye wish (to do so). But turn not altogether away (from one), leaving her in suspense. If ye do good and keep from evil, lo! Allah is ever Forgiving, Merciful.          

In seeking to understand more of reasons for the introduction of polygamy in Islam we might consider the following quotation from a paper submitted by Aisha Lemu at the International Islamic Conference held in London, from 3rd to 12th April, 1976. Mrs. Lemu, an Englishwoman, embraced Islam about fifteen years prior to this conference.

One has only to recall the figures of the dead in the first and second world wars to be aware that literally millions of women and girls lost their husbands and fiancees and were left alone without any income or care or protection for themselves or their children. If it is still maintained that under these circumstances a man may marry only one wife, what options are left to the millions of other women who have no hope of getting a husband? Their choice bluntly stated, is between a chaste and childless old maidenhood, or becoming somebody's mistress, that is an unofficial second wife with no legal rights for herself or for her children. Most women would not welcome either of these since most women have always wanted and still do want the security of a legal husband and family.

The compromise, therefore, is for women under these circumstances to face the fact that if given the alternative many of them would rather share a husband than have none at all. And there is no doubt that it is easier to share a husband when it is an established and publicly recognised practice than when it is carried on secretly along with attempts to deceive the first wife.

And it is no secret that polygamy of a sort is widely carried on in Europe and America. The difference is that while the Western man has no legal obligations to his second, third or fourth mistresses and their children, the Muslim husband has complete legal obligations towards his second, third or fourth wife and their children8

She says further: 'There may be other circumstances unrelated to war -- individual circumstances, where marriage to more than one wife may be preferable to other available alternatives -- for example where the first wife is chronically sick or disabled. There are, of course, some husbands who can manage this situation, but no one would deny its potential hazards. A second marriage in some cases could be a solution to all three parties'.

She goes on to conclude: 'I have mentioned some of these examples because to the majority of the Westerners polygamy is only thought in the context of a harem of glamorous young girls, not as a possible solution to some of the problems of Western society itself' 9

According to the Qur'an, however, marital problems and discord need to be tackled by proper consultation and conciliation -- involving the spouses and their families. The Qur'an does not subscribe polygamy for any other reason than what is in verses 4:2-3.  

8.7 The Veil (Hijab)  

On the much-contested question of the hijab the important point to keep in mind is that the Qur'an enjoins modesty for both men and women.

(24:30, 31) Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! Allah is aware of what they do. And tell the believing women to lower their gaze and be modest, and to display their adornment only that which is apparent[...]  

For the woman in particular, it is implied that she should wear clothes in public which are primarily a modest dress but which does not act as an impediment to her activities. This is why drawing the veil on the bosom, is given as the limit, within which one must operate.

(24:31) And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands or fathers or husbands' fathers, or their sons or their husbands' sons, or their brothers or their brothers' sons or sisters' sons, or their women, or their slaves, or male attendants who lack vigour, or children who know naught of the women's nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah together, O believers, in order that ye may succeed.

In verse 33:59 below Allah is guiding the Prophet's female relatives and other believing women to use a cloak or outer garment when they go out – 'so that they may be recognised'. It should not really matter whether the head is covered or not as the Qur'an does not specify that the head should be covered.

(33:59) O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks round them (when they go abroad). That will be better, so that they may be recognised and not annoyed. Allah is ever Forgiving, Merciful.

In this connection I would like to quote a short article by Dr. Ibrahim B. Syed Phd. D.Sc. who is president of the Islamic Research Foundation, Louisville, Kentucky, USA.    

According to the Qur'an, the reason why Muslim women should wear an outer garment when going out of their homes is that they may be recognised as 'believing' women and differentiated from street-walkers for whom sexual harassment is an occupational hazard. The purpose of this verse was not to confine women to their homes, but to make it safe for them to go about their daily business without attracting unsavoury attention.

Older women who are past the prospect of marriage are not required to wear 'the outer garment'. 'Such elderly women as are past the prospect of marriage, there is no blame on them if they lay aside their (outer) garments, provided they make not wanton display of their beauty: but it is best for them to be modest: and Allah is One Who sees and knows all things' (24:60).

The Qur'an does not suggest that women should be veiled or they should be kept apart from the world of men. On the contrary, the Qur'an is insistent on the full participation of women in society and in religious practices.             

Morality of the self and cleanness of conscience are far better than the morality of the purdah. No goodness can come from pretence. Imposing the veil on women is the ultimate proof that men suspect their mothers, daughters, wives and sisters of being potential traitors to them. How can Muslim men meet non-Muslim women who are not veiled and treat them respectfully, but not accord the same respect to Muslim women?    

To wear the hijab is certainly not an Islamic obligation on women. It is an innovation (bid'ah) of men suffering from a piety complex who are so weak spiritually that they cannot trust themselves!                 

Muslim women remained in mixed company with men until the late sixth century (A.H.) or 11th century (C.E.). They received guests, held meetings and went to wars to help their brothers and husbands, and they defended their castles and bastions.     

It is part of the growing feeling on the part of Muslim men and women that they no longer wish to identify with the West, and that reaffirmation of their identity as Muslims requires the kind of visible sign that conservative clothing implies.              

For these women the issue is not that they have to dress conservatively, but they choose to. In Iran Imam Khomeini first insisted that women must wear the veil and chador, but in response to large demonstrations by women, he modified his position and agreed that while the chador is not obligatory, MODEST dress is.10

Studying the Qur'an it is clear that the Qur'an does not try to give specific laws for all occasions but it gives fundamental principles which enable us to establish the basic guidance for our behaviour in all aspects of our life. It is a question of using common sense and reason on the basis of guiding principles (see section 13.5). In fact, Allah is less concerned with our rituals and far more with our behaviour and deeds, and yet we consider exactly the opposite to be the case.  

8.8 Jihad

A great deal of misconception exists, particularly in the West, with regard to the meaning of the word jihad in Islam. In reality jihad is a duty upon all Muslims to commit themselves to a struggle on all fronts -- moral, spiritual and political -- to create a just and decent society. It is not  - as is commonly understood - a 'holy war' against the non-believers. The phrase 'holy war' was coined by the West in its struggle against the Muslims in the time of the Crusades (a war instigated by the Church for 'religious' gain). There are other words in Arabic which are more appropriate to use in a war.  And these words would surely have been applied had the idea of war been at the core of the concept described in the Qur'an by the word jihad. Examples of such words are harb (war) and ma'araka (battle). Below we quote Haji Ibrahim Golightly's response to a question on jihad.

Jihad means to strive or make an effort, usually in an Islamic context, so that anything which requires an effort to be made is jihad and the person doing it is a mujahid. The media would have us believe that it is fighting and killing in the name of Allah. It is certainly in the name of Allah but, as usual, the media have corrupted the meaning so that they can apply its new meaning to 'fundamentalist Muslims', basically any Muslim who does not subscribe totally to the Western way of life. Making time in a busy schedule to study the Qur'an; going to a halal butcher rather than the closest or most convenient one; discussing Islam with both Muslims and non-Muslims and helping them to understand it better; studying ayat (signs), both of Qur'an and in nature and science, in order to increase 'ilm, or knowledge; setting other Muslims a good example and showing non-Muslims the true way of Muslims; are all examples of jihad in daily life. Jihad is the effort made, not just against internal and external evils, but also to live at peace with oneself and one's community (Muslim and non-Muslim).

He concludes by saying: 'simply explaining the true meaning of jihad to those who do not know, is jihad in itself.'11

In fact, the implication of the word jihad, like all other words, can only be judged in the context of the Qur'anic verses in which it is used. The following are some typical verses, with appropriate comments, to indicate what the Qur'an conveys by jihad. The material below, including most of the translations are based on Chapter 5 of Maulana Muhammad Ali's book The Religion of Islam.12  

(22:78) And strive hard (jahidu) for Allah with the endeavour which is right[...].

The jihad implies that one should exert oneself to one's utmost ability (i.e moral, spiritual or political) for the cause of Allah; to establish Allah's Deen, without resorting to war.

(29:6) And whoever strives hard (jahada), he strives (yujahidu) only for his own soul, that is for his own benefit, for Allah is altogether Independent of (His) creatures.    

(29:69) And those who strive hard (jahadu) for Us, We will certainly guide them in Our ways, and Allah is surely with the doers of good.

The Arabic word jahadu is derived from jihad, and the addition of fi-na (for Us) indicates  that jihad, in this case, is the spiritual striving to attain nearness to Allah, and the result of this jihad is stated to be Allah's guidance for those striving in His ways.  

(25:52) So do not follow the unbelievers, and strive hard (jahid) against them a mighty striving (jihad-un) with it.

The personal pronoun 'it' refers clearly to the Qur'an, as the context will show. It is a struggle (jihad) to win over the unbelievers, not with the sword but with the Qur'an.

(66:9) O Prophet! Strive (jahade) against the disbelievers and the hypocrites, and be stern with them[...]

Here the Prophet is asked to carry on a jihad against both unbelievers and hypocrites. The hypocrites were those who were outwardly Muslims and lived among Muslims, and were treated like Muslims in all respects. They came to the mosque and prayed with the Muslims. A war against them was unthinkable and none was ever undertaken. They sometimes fought along with the Muslims against the unbelievers. Therefore, the injunction to carry on a jihad against both the unbelievers and hypocrites could not mean the waging of war against them. It was a jihad in the same sense in which the word is used in the above verses, a jihad carried on by means of the Holy Qur'an as expressly stated in 25:52, a striving hard to win them over to Islam. Jihad in both 25:52 and 66:9 is used in the moral and political sense. It does not imply war. 

(2:218) Lo! Those who believe, and those who emigrate (to escape the persecution) and strive hard (jahadu) in the way of Allah, these  have hope of Allah's mercy. Allah is Forgiving and Merciful.

(8:74) Those who believed and left their homes and strove hard (jahadu) for the cause of Allah, and those who took them in and helped them -- these are the believers in truth. For them is pardon, and a bountiful provision.

(3:142) Or deemed ye that ye would enter Paradise while yet Allah knoweth not those of you who strive hard (jahadu), nor knoweth those (of you) who are steadfast?

In all these verses jihad is used in the general sense of striving hard, morally, spiritually, and in our day-to-day life. In all cases jihad implies a struggle in Allah's ways to achieve an objective, without resorting to war.

8.9 Intoxicating liquors

The drink prohibited in the Qur'an is described under the name khamar meaning any intoxicating thing that clouds or obscures the intellect. The Qur'anic verses reveal that prohibition of alcohol was not introduced overnight. In the first stage it was pointed out that its harm outweighed the benefits.

(2:219) They ask thee about strong drink and games of chance. Say in both of them is great sin and some advantages for men, and their sin is greater than their advantage.    

The next stage was when the Muslims were prohibited from coming to the mosque while drunk.

(4:43) O ye who believe! Draw not near unto prayer when ye are drunken, till ye know that which ye utter[...]

Finally intoxicating liquors were prohibited as the handiwork of the devil.

(5:90) O ye who believe! Strong drink and games of chance and idols and divining arrows are only an infamy of devil's handiwork. Leave it aside in order that ye may succeed.  

(5:91) The devil only desires to cause enmity and hatred to spring in your midst by means of intoxicants and games of chance, and to turn you from rememberence of Allah and from (His) worship. Will you then refrain?   

In this connection I would like to quote the following extract from a handout titled The Islamic View on the Prohibition of Alcohol, by S.M Bleher.

Everybody would admit that there are problems with alcohol: drink driving, for example, or violent crimes in which alcohol plays a part. Yet most agree that the moderate consumption of alcohol as is customary in western society does not do much harm. Let's take a hard look at the facts:

Alcohol is a bigger problem than we tend to admit, and it starts at an early age. According to government publications on the state of public health (1993) 20% of 9 to 15 year olds have had their first alcoholic drink by the age of 8, and 89% by the age of 15. 12% (more than one tenth!) of 11 to 15 year olds are regular drinkers. And according to 'social trends' (HMSO 1994), almost a third of the males living in Britain consume alcohol above sensible limits (consumption above sensible limits is lower in women with 11% of the total). Besides clear convictions for drunkenness or drink driving, courts are kept busy with numerous offences committed under the influence of alcohol, from domestic violence (including child battering) to serious vandalism or grievous bodily harm. The Government's Health and Safety Executive jointly with the Health Department and Department of Employment had to publish policies on the 'problem drinker at work'; and the National Heath Service spends large amounts of scarce resources on illness caused or exacerbated by alcohol. Every Christmas there is a nation-wide campaign against drink driving. Government representatives lament the state of the nation's health and drinking habits, but don't do much more. There is a great deal of tax revenue in the sale of alcoholic beverages.      

Islam takes a different view. It values the moral and spiritual health of a nation as much as its physical well being. It considers anything that interferes with the normal working of the mind, numbs our senses, thereby reducing our level of shame or responsibility, or clouds our perception as harmful (this includes alcohol as well as other drugs altering our mind). And, recognising that different people react quite differently to the same stimulant, it does not leave judgement, as to how much is acceptable, to them. Too many people thought they had control over their drinking habit, yet ended up having 'one glass too many'. Islam categorically states that if a substance can destroy the clarity of the mind in large quantities, it is harmful even in minute quantities. Islam, therefore, advocates a total prohibition of narcotic drugs, including alcohol. It forbids the use, not just the abuse of these substances.13

8.10 Gambling

Gambling is prohibited as being a dishonest means of acquiring money at the cost of ordinary people who gamble without realising how heavily the odds are weighted against them.

In the three verses (2:219), (5:90,91) quoted above in section 8.9, we find that gambling or games of chance is grouped together with the intoxicant liquors. One reason for this must surely be because both are addictive. Alcohol destroys clarity of mind; gambling causes the mind to be preoccupied with future winnings (or recouping losses) - always hoping the next time will bring better luck! Most people think that a little 'flutter' is good for amusement.  They do not realise that for the many who get addicted to it, it causes untold damages. Sadly, the Government promotes gambling because of the large amount of tax revenue. But the people who really win are the promoters who run big businesses.

If we take the National Lottery as an example, and examine its implications, we can see who the winners are, and what damage it is doing to society. The real winners are the people who run the National Lottery, their shareholders and the Government. The Government's justification is that part of the money is spent on 'good causes'.  But the 'good causes' in most cases are projects which are used and enjoyed by the rich, such as the arts, the theatre, sports, national heritage, etc. On the other hand, if we analyse who the contributors are (i.e. those who buy the lottery tickets) we find that they include a very high percentage of people who have difficulty in maintaining their families as it is. Yet they spend a significant amount of the family budget on the Lottery, hoping that the next time will bring them better luck and draw them out of the poor situation in which they find themselves. The pressure to escape the reality of their lives is massive, especially they have images of untold wealth paraded before them – just a lottery ticket away!  The unfortunate dupes do not realise that there is actually a far greater probability of getting killed on the road than winning a million pounds on the National Lottery. Thus, in effect, the Government is extracting money from the poor and giving the benefits to the rich in the form of this 'voluntary tax'.

The full damage to society can only be worked out if a proper survey is done on what proportion of the family budget is spent on the Lottery by people living on the borderline – or close to it – and  how it is affecting their families, both materially and mentally. The statistics should include all age ranges, as some of the newspaper reports suggest that children as young as 10 are playing scratch cards.       

Note: Financial speculative activities, such as dealing in futures, options and derivatives, have a high degree of similarity with gambling. These, too, can cause a great deal of harm, upheaval and imbalance to the many while rewarding only a handful of people.

8.1.i Interest (Riba/Usury - see section 12.1)

8.1.ii Intercession (see section 10.3 selection no. 8)

8.1.iii The 'moon sighting' controversy14

In the Islamic calendar, traditionally, the first sighting of the new crescent moon by the unaided human eye marks the beginning of the month. In particular, such sightings are considered essential with regard to the start of Ramadan and the two Eid festivals. However, the unreliability of the dependence on physical visibility of the moon has led not only to wide variations in the three important dates within the same country, but also to a great disunity among the Muslim communities throughout the world. The problem can be easily solved if the traditional method is abandoned in favour of a purely scientific method. Before outlining the scientific method, I will examine what the Qur'an has to say on this matter. One can then decide whether the scientific approach is at odds with what is stated in the Qur'an.  

Relevant Qur'anic guidance:

(6:96) It is He who cleaveth the daybreak (from the dark). He made the night for rest and tranquillity, and the sun and the moon for the reckoning (of time) [...]

(10:5) It is He who has made the sun the source of light and the moon a reflected light and measured out the stages for her that you may know the number of years and the count (of time). This is nothing but a part of His constructive design [...]

(55:5) The sun and the moon follow courses (exactly) computed.

(9:36) Lo! The number of months with Allah is twelve months by Allah's ordinance in the day that He created the heavens and the earth [...]

(2:189) They ask thee concerning the new moons. Say: they are but signs to mark fixed periods of time in the affairs of men, and for pilgrimage [...]

Before discussing the implications of these verses I would like to outline the problems with the visual method, and the ways that a scientific method might overcome them.

Problems with the visual method:

For the moon to be visible to the naked eye the former must set after the sun has set. Some people use this condition to define the start of the lunar month, no matter how small the time interval between the two settings. Unfortunately, this method rests on one's position on the earth and is therefore prone to divergence on the degree of accuracy. It also opens the debate on how sunset and moonset should be defined and whether allowance should be made for atmospheric refraction (as is done, for example, in a formalised but not in actual way in the Astronomical Almanac). If the actual refraction is less or greater than that assumed in the formal computation of the Nautical Almanac Office, sunset may not occur precisely at the tabulated time.

There is another very important factor which has to be taken into account for the lunar crescent to be visible; i.e. the age of the moon from the instant the conjunction (defined below) starts. 'This age-criteria has been studied by various people by taking random observations and is usually stated in the form of general rules such as the sightings of the moon younger than 20 hours are rare and the sightings of the moon older than 24 hours are not uncommon, although its visibility may at times require it to be more than 30 hours old'.15

Thus the problem of the visual sighting of the crescent moon is caused by several factors depending on the interval between the conjunction and the next sunset; the actual position of the crescent moon with respect to the horizon; the clarity of the atmosphere and the visual acuity of the observer. For example, if the conjunction takes place in the very early hours of the morning it might be possible to sight the crescent moon on the same day, but if it is nearer the time of the sunset then the sighting, most likely, will be on the following day. There is no way of judging the point of demarcation which would indicate whether the crescent moon will be visible on the day of the conjunction or on the following day. The visual method, in this day and age, is totally incongruous and needs to be replaced by something which does not violate the principles outlined by the Qur'an. Let us examine this further:

The scientific or the astronomical method:

The scientific method is based on the physical conditions when the earth, the moon, and the sun, are in the same vertical plane but not necessarily in the same line, and the moon is between the earth and the sun. This condition is known as the 'conjunction'. In scientific or astronomical terms, the 'conjunction' is defined as the condition when the sun and the moon has the same 'right ascension'.16 In effect, this condition is the mark of the start of the lunar month. What is more the moment of its occurrence can be calculated precisely, being independent of any terrestrial locations. In fact, it is so accurate that it is possible to use the conjunction to calculate the lunar calendar for hundreds of years ahead.

The implications of the scientific method:

First of all, one must accept the fact that the required condition of identifying a lunar month will be met, so long as the scientific method guarantees the presence of the crescent moon, irrespective of whether the crescent moon is visible to the naked eye or not. At conjunction, the moon is not completely shadowed as viewed from the earth. However, the degree of illumination is so low that for us it is completely invisible. The apparent eastward motion of the moon then produces changes, in the shape of an illuminated disk, as a result of the changing geometry of the moon with respect to the sun and the earth. These are called the 'phases of the moon' and the Islamic New Moon is the instant of the start of the crescent phase. Thus, just after conjunction, although the crescent moon is not visible to the naked eye, there is no doubt that it is present in the sky. Hence, scientifically speaking, we can regard the crescent moon as physically present and the only thing we need to know is the exact time when it appears.

Fortunately, though the time interval between the conjunction and the crescent phase of the moon is very small it can be calculated accurately. The maximum time taken by the moon to move away from the sun is 19 minutes and therefore, 19 minutes after the moment of conjunction, the moon begins to reflect light towards the earth. In other words, scientifically, the crescent phase of the moon starts 19 minutes after the moment of conjunction, although the light may not become visible until 20 to 30 hours after conjunction. In the UK, the conjunction times for a number of years can be obtained from the Royal Astronomical Observatory. If we assume that the day changes at 12 p.m., then the conjunction can take place any time between 00.00 a.m. to 12 p.m. on any particular day. This means that the crescent moon can then appear any time between 00.19 a.m. of that day to 00.19 a.m. of the following day. Thus, 19 minutes after the moment of conjunction the Islamic New Moon appears. Therefore, Ramadan or any other important event can take place on the following day i.e. the day after conjunction.  Such a method would allow for the easy publication of the dates well in advance so that people would not be unduly inconvenienced. After all, Allah desires for us ease, not hardship (2:185). Outside the UK one need only convert the same conjunction time to the appropriate local times, by adding or subtracting the time difference applicable, as is done for any other international activities. Although the conjunction is independent of any terrestrial location, the international time variations will still apply, simply because of the time gaps that exist between countries.

Finally, if -- as some people suggest -- it is not acceptable to use 12 p.m. for the change of a day, then one need only establish an agreed reference time other than 12 p.m., so long as it be internationally for all other activities. However, the principle remains the same, i.e. to use the conjunction as the start of a lunar month. The Qur'anic guidance advocates the use of both the sun and the moon for the reckoning of time. The use of the exact instant of conjunction is doing just that, as the conjunction starts at the instant when the sun and the moon have the same right ascension. The second condition that the new moon is to mark fixed periods of time is also met as the crescent phase starts 19 minutes after the conjunction.

The Qur'an, nowhere says that the moon has to be observed with the naked eye, rather it tends toward the scientific or the astronomical method. There are numerous verses in the Qur'an encouraging us to think, to ponder, to explore and to gain knowledge, and the moon-sighting should not be the exception.

(45:13) And He has made subservient to you, from Himself, all that is in the heavens and on earth: in this behold, there are messages indeed for people who think!

(3:190) Lo! In the creation of the heavens and the earth and (in) the difference of night and day are signs for men of understanding.  

(10:5) [...]Allah created not this but with truth. He makes the signs manifest for people who have knowledge.

References:

1. The True Translation of the Glorious Qur'an, by Late Ali Ahmad Khan Jullundri. Published by World Islamic Mission, 18-K Gulberg 2, Lahore, Pakistan. Refer to notes on verse 5:38.

2. Ibid., verse 5:38.

3. (i) Arabic English Lexicon, (8 parts), by Edward William Lane. Published by Islamic book centre, 25-B, Masson Road, P.O. Box 1625. Lahore-3, Pakistan.

3. (ii) Arabic-English Dictionary: The Hans Wehr Dictionary of Modern Written Arabic. Edited by J. M. Cowan. Published by Spoken Language Services, Inc. P.O. Box 783. Ithaca, New York.

4. Does the Qur'an Sanction the Hitting of Women? by Rachael Tibbet. p.1.

5. Letter to Al-Balaagh, Nov/Dec 1996 issue. P.O. Box 1925, Lensia1820, South Africa by Dr. Sayed Abdul Wadud. (Lahore, Pakistan).

6. Letter to Al-Balaagh, Nov/Dec 1996 issue. P.O. Box 1925, Lensia 1820, South Africa by Basheer Ahmed Vania. (Lensia, South Africa).

7. Most of the Qur'anic verses are taken from: The Message of the Qur'an, by Muhammad Asad. Published by Dar Al-Andalus, Gibralter.

8. Women in Islam, by B. Aisha Lemu and Fatima Heeren. Published by The Islamic foundation, 223 London Road, Leicester LE2 1ZE. p.28.

9. Ibid., p. 28, 29.

10. Is Hijab Compulsory? Article by Professor Dr. Ibrahim B. Syed Phd. D.Sc. Published  in Al-Balaagh, Vol. 22, No.1, Feb/March 1997. P.O. Box 1925, Lensia, South Africa.

11.  Jihad, Haji Ibrahim Golightly: A question - answer printed in the Message, the UIA magazine of July - September issue, 1995.

12. The Religion of Islam, by Maulana Muhammad Ali M.A., LL.B. Published by National Publication and Printing House U.A.R. Based on chapter 5, pp. 545-595.

13. A pamphlet entitled The Islamic View on the Prohibition of Alcohol, by S.M. Bleher. Published by UK Islamic Mission Dawah Centre, 401-403 Alum Rock Road. Birmingham B8 3DT.

14. The Islamic Tradition of  "Moon Sighting" and its Implications, by M. A. Malek.

15. A Modern Guide to Astronomical Calculations of Islamic Calendar, Times & Qibla, by Dr. Mohammed Ilyas. Berita Publishing Sdn, Bhd. Kuala Lumpur, Malaysia.

16. Ibid. p. 10.


Previous:The Prophets and their Revelations

Next:Latter day Saints

Contents