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Khalid Hatam
ISLAMIC PRINCIPLES TOWARD ECOSYSTEM
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ISLAMIC PRINCIPLES TOWARD ECOSYSTEM
1. Unity Principle (Tawhid)
– “He is Allah, Absolute oneness, Allah the Everlasting Sustainer of all” (112:1, 2).
– God has not created anything in this universe in vain, without wisdom, value and purpose.
– God alone is the real owner of the earth and all that it contains.
– Taking Care of the Environment as an Act of Faith. "I have only created Jinns and men, that they may serve Me." Qur'an, 51:56
– The Environment is the Signs Pointing to Allah [S.W.T.]. "Verily in the heavens and the earth, are Signs for those who believe. And in the creation of yourselves and the fact that animals are scattered (throughout the earth), are Signs for those of assured Faith. And the alteration of Night and Day, and the fact that God sends down Sustenance from the sky, and revives therewith the earth after its death, and in the change of the winds,-are Signs for those that are wise." Qur'an, 45:3-5
2. Creation principle (Fitra);
“Allah’s natural pattern on which He made mankind” (30:29).
– Mankind was created within the natural pattern of nature and being of it, its role is defined by this patterning itself.
– Everything in creation has a potential for goodness and the conscious expression of this rests with humankind.
3. Balance principle (Mizan);
– All things that God has created in this universe are created in due proportion and measure both quantitatively and qualitatively.
And He has raised the Heaven; and He has set the Balance (therein) so that you exceed not the Balance. Observe the Balance with proportion, and don’t lose the Balance. Al-Rahman (55): 7-9
4. Responsibility principle (Khalýfa).
– Khalifa;
– Amanah;
– Subjection (Taskhir) ;
– Inhabitation (I'mar);
ISLAMIC PERSPECTIVE ON PROTECTION OF THE BASIC ENVIRONMENTAL ELEMENTS
A. Human Being
– Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!" Qur'an, 4:29
– "Do good, even as God has done you good, and do not pursue corruption in the earth. Verily God does not love corrupters." Qur'an: Surat al-Qasas (28), ayah 77.
"Eat and drink, but waste not by excess; Verily He loves not the excessive." Qur'an: Surat al-A 'raf (7), ayah 31.
– “And do not follow the bidding of the excessive, who cause corruption in the earth and do not work good." Qur'an: Surat ash-Shu'ara' (26), ayahs 151-152.
" And do not cause corruption in the earth, when it has been set in order." Qur'an: Surat al-A'raf (7), ayahs 56.
– Protection of man and man's properties and interests is essential and necessary and "Whatever is indispensable to fulfill an imperative obligation is itself obligatory."
B. The Land and Soil
‘It is He Who has made the earth manageable for you, so traverse ye through its tracts and enjoy of the sustenance which He furnishes, but unto Him is the Resurrection’. Al-Mulk (67): 15.
• INSTITUTIONS
1. People who reclaim or revive land (ihya’al mawat) have a right to its ownership.
2. Land grants (iqta’) may be made by the state for reclamation and development.
3. Land may be leased (ijara) for its usufruct by the state for its reclamation and development.
4. Special reserves (hýma) may be established by the state for use as conservation zones.
5. The state may establish inviolable zones (al-harým) where use is prohibited or restricted. Every settlement has a right to create such zones managed by the people and where use is severely restricted. Additionally, it is permitted to establish these zones adjacent to sources of water and other utilities like roads and places of public resort.
6. Makkah and Madýnah are known as the two inviolable sanctuaries (al-haramain) where trees cannot be cut down and animals are protected from harm within their boundaries. They serve as examples of best practice.
7. Charitable endowments (awqaf) may be established with specific conservation objectives
C. Air
• ‘In the change of the winds, and the clouds which they trail like their slaves between the sky and the earth indeed are signs for a people that are wise’. Al-Baqarah (2): 164
• It is He Who sendeth the winds like heralds of glad tidings, going before His Mercy: when they have carried the heavy-laden clouds, we drive them to a land that is dead, make rain to descend thereon, and produce every kind of harvest therewith: thus shall we raise up the dead: perchance ye may remember. Al-‘Araf (7):57.
• Jabir ibn ‘Abdullah (r.a) reported that the Prophet (s.a.w) said: “Whoever has eaten garlic or onions should keep away from us and should keep away from our mosque.” Abu Dawud
• Command to bury the dead is a collective obligation (fard kifayah).
D. Water
It is He who sends down rain from the sky; from it ye drink, and out of it (grows) the vegetation on which ye feed your cattle. With it He produces every kind of fruit. Al-Nahl (16): 10-11.
You should not pass urine in stagnant water (al-ma’ al-da‘im) which is not flowing. Then (you may need to) wash in it. Sahih Muslim
We made every living thing from water. Al-Anbiya (21): 30.
• Taharah: to purify the body and clothing from hadath (ritual impurity) and purity from khabath (physical impurity). Taharah from hadath is three kinds: ablution (wudu’), bathing (ghusl), and their substitute, ablution with clean earth (tayammum).
• The jurists define clean water (ma’ tahur) as water that is clean in itself and can clean other things (tahir fi nafsihi mutahhiru li ghayrihi).
• Three types of water:
– Absolute Water (al-Ma’ al-Mutlaq);
– Additive Water (al-Ma’ al-Mukhtalit).
– Water already used for purification (al-ma‘ al-musta‘mal).
• Non excessive of water consumption.
D. Plants and Trees
Prophet (s.a.w) said: “There is none amongst the Muslims who plants a tree or sows seeds, and then a bird, or a person or an animal eats from it, but is regarded as charitable gift from him” , Sahih Bukhari
The Prophet (s.a.w) says: “One who cultivates land that does not belong to anybody has a right to own it.” Sahih Bukhari
E. Animals
And cattle He has created for you (men): from them ye derive warmth, and numerous benefits, and of their (meat) ye eat.
And they carry your heavy loads to lands that ye could not (otherwise) reach except with souls distressed: for your Lord is indeed Most kind, Most Merciful.
And (He has created) horses, mules, and donkeys for you to ride and as an adornment, and He has created (other) things of which ye have no knowledge Al-Nahl (16):5-8.
• Prophet (S.A.W) says:
– Allah (S.W.T) prescribed kindness towards everything even in killing. So when slaughtering an animal, be sure to sharpen your knife to make it less painful for the animal. ,Sahih Muslim
– Whoever kills a bird needlessly, the soul of the bird will soar to Almighty Allah (S.W.T), roaring and crying: My Lord! so and so killed me for game, and not for a useful reason!. Sunan al-Nasa’i
– , the Shari‘ah has prohibited using animals for sports, fighting and gambling (cock fights, partridge fights, bull fights, etc.),
Islamic Approach toward Environmental Protection
1. Implementation of the Concept of Maslahah (general interest)
– Shariah as a whole is Maslahah
– There are necessities (daruriyat) which are absolutely indispensable to preserve religion, life, posterity, reason, and property; then needs (hajiyat) which if unfulfilled will lead to real hardship and distress; and finally supplementary benefits (tahsiniyat)
– FUNDAMENTAL PRINCIPLES OF ISLAMIC LAW:
"Every necessity shall be assessed according to its value."
“Maslahah leads to easiness”
"The averting of harm takes precedence over the acquisition of benefits."
2. Protection from any damage
• Syatibi described: “One of the basic concept of Islam is that human being should be protected from any damage and harassment “
• ISLAMIC LEGAL PRINCIPLES:
– Removal of damage whenever it happened
– Prevention from any future damage
– "Damage shall be eliminated,"
– "Damage shall be Ii removed to the extent that is possible."
– "Damage shall not be eliminated by means of similar or greater damage."
– "There shall be no damage and no infliction of damage."
– “Prevention of damage and corruption before it occurs is better than treatment after it occurs”.
3. Ritual approach
– Taharah
– Wudu
– Tayammum
– Pilgrimage
– Fasting
5. Ethical approach
– Don’t kill animal without acceptable reason and in proper way
– Tree plantation as a part of Ibadah
– Keep air clean as part of Sunnah
– Don’t be excessive in any kind of consumption
– Maintain the balance in the universe
6. Judicial and legislative Approach
Islamic Concept of criminal:
– Hadd
– Ta’zir
Environmental cases should be dealt in accordance with concept of ta’zir.
Legislative Principles
1. Allah is the sole owner of the earth and everything in it. People hold land on usufruct – that is, for its utility value only. There is a restricted right to public property.
2. Abuse of rights is prohibited and penalized.
3. There are rights to the benefits derived from natural resources held in common.
4. Scarce resource utilization is controlled.
5. The common welfare is protected.
6. Benefits are protected and detriments are either reduced or eliminated.
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| September 13, 2007 | 5:20 AM |
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Definitions!
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Cool Definitions
:Father: A banker provided by nature.
:Boss: Someone who is early when you are late and late when you are early.
:Smile: A curve that can set a lot of things straight.
:Rumour: News that travels at the speed of sound.
:Dictionary: The only place where divorce comes before marriage.
:College: A place where some pursue learning and others learn pursuing.
:Office: A place where you can relax after your strenuous homelife.
:Yawn: The only time some married men ever get to open their mouth.
:Etc.: A sign to make others believe that you know more than you actually do.
:Committee: Individuals who can do nothing individually and sit to decide that nothing can be done together.
:Classic: A book which people praise, but do not read.
:Marriage: It is an agreement in which a man loses his bachelors degree and woman gains her master's.
:Worry: Interest paid on trouble before it falls due.
:Experience: The name men give to their mistakes.
:Tears: The hydraulic force by which masculine power is defeated by feminine power.
:Atom Bomb: An invention to end all inventions.
:Philosopher: A fool who torments himself during life, to be spoken off when dead.
:Diplomat: A person who tells you to go to hell in such a way that you actually look forward to the trip.
:Optimist: A person who starts taking bath if he accidentally falls into a river.
:Pessimist: A person who says that O is the last letter in ZERO, instead of the first letter in the word OPPORTUNITY
:Miser: A person who lives poor so that he can die rich.
:Criminal: A guy no different from the rest of us .... except that he got caught.
:Politician: One who shakes your hand before elections and shakes your confidence after.
:Doctor: A person who kills your ills by pills, and kills you with his bills
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FUNDAMENTALIST MUSLIM!
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ISLAM AND TERRORISM
BY
DR. ZAKIR NAIK
MUSLIMS ARE FUNDAMENTALISTS AND TERRORISTS
Question:
Why are most of the Muslims fundamentalists and terrorists?
Answer:
This question is often hurled at Muslims, either directly or indirectly, during any discussion on religion or world affairs. Muslim stereotypes are perpetuated in every form of the media accompanied by gross misinformation about Islam and Muslims. In fact, such misinformation and false propaganda often leads to discrimination and acts of violence against Muslims. A case in point is the anti-Muslim campaign in the American media following the Oklahoma bomb blast, where the press was quick to declare a ‘Middle Eastern conspiracy’ behind the attack. The culprit was later identified as a soldier from the American Armed Forces.
Let us analyze this allegation of ‘fundamentalism’ and ‘terrorism’:
1. Definition of the word ‘fundamentalist’
A fundamentalist is a person who follows and adheres to the fundamentals of the doctrine or theory he is following. For a person to be a good doctor, he should know, follow, and practise the fundamentals of medicine. In other words, he should be a fundamentalist in the field of medicine. For a person to be a good mathematician, he should know, follow and practise the fundamentals of mathematics. He should be a fundamentalist in the field of mathematics. For a person to be a good scientist, he should know, follow and practise the fundamentals of science. He should be a fundamentalist in the field of science.
2. Not all ‘fundamentalists’ are the same
One cannot paint all fundamentalists with the same brush. One cannot categorize all fundamentalists as either good or bad. Such a categorization of any fund amentalist will depend upon the field or activity in which he is a fundamentalist. A fundamentalist robber or thief causes harm to society and is therefore undesirable. A fundamentalist doctor, on the other hand, benefits society and earns much respect.
3. I am proud to be a Muslim fundamentalist
I am a fundamentalist Muslim who, by the grace of Allah, knows, follows and strives to practise the fundamentals of Islam. A true Muslim does not shy away from being a fundamentalist. I am proud to be a fundamentalist Muslim because, I know that the fundamentals of Islam are beneficial to humanity and the whole world. There is not a single fundamental of Islam that causes harm or is against the interests of the human race as a whole. Many people harbour misconceptions about Islam and consider several teachings of Islam to be unfair or improper. This is due to insufficient and incorrect knowledge of Islam. If one critically analyzes the teachings of Islam with an open mind, one cannot escape the fact that Islam is full of benefits both at the individual and collective levels.
4. Dictionary meaning of the word ‘fundamentalist’
According to Webster’s dictionary ‘fundamentalism’ was a movement in American Protestanism that arose in the earlier part of the 20th century. It was a reaction to modernism, and stressed the infallibility of the Bible, not only in matters of faith and morals but also as a literal historical record. It stressed on belief in the Bible as the literal word of God. Thus fundamentalism was a word initially used for a group of Christians who believed that the Bible was the verbatim word of God without any errors and mistakes.
According to the Oxford dictionary ‘fundamentalism’ means ‘strict maintenance of ancient or fundamental doctrines of any religion, especially Islam’.
Today the moment a person uses the word fundamentalist he thinks of a Muslim who is a terrorist.
5. Every Muslim should be a terrorist
Every Muslim should be a terrorist. A terrorist is a person who causes terror. The moment a robber sees a policeman he is terrified. A policeman is a terrorist for the robber. Similarly every Muslim should be a terrorist for the antisocial elements of society, such as thieves, dacoits and rapists. Whenever such an anti-social element sees a Muslim, he should be terrified. It is true that the word ‘terrorist’ is generally used for a person who causes terror among the common people. But a true Muslim should only be a terrorist to selective people i.e. anti-social elements, and not to the common innocent people. In fact a Muslim should be a source of peace for innocent people.
6. Different labels given to the same individual for the same action, i.e. ‘terrorist’ and ‘patriot’
Before India achieved independence from British rule, some freedom fighters of India who did not subscribe to non-violence were labeled as terrorists by the British government. The same individuals have been lauded by Indians for the same activities and hailed as ‘patriots’. Thus two different labels have been given to the same people for the same set of actions. One is calling him a terrorist while the other is calling him a patriot. Those who believed that Britain had a right to rule over India called these people terrorists, while those who were of the view that Britain had no right to rule India called them patriots and freedom fighters.
It is therefore important that before a person is judged, he is given a fair hearing. Both sides of the argument should be heard, the situation should be analyzed, and the reason and the intention of the person should be taken into account, and then the person can be judged accordingly.
7. Islam means peace
Islam is derived from the word ‘salaam’ which means peace. It is a religion of peace whose fundamentals teach its followers to maintain and promote peace throughout the world.
Thus every Muslim should be a fundamentalist i.e. he should follow the fundamentals of the Religion of Peace: Islam. He should be a terrorist only towards the antisocial elements in order to promote peace and justice in the society.
WAS ISLAM SPREAD BY THE SWORD?
Question:
How can Islam be called the religion of peace when it was spread by the sword?
Answer:
It is a common complaint among some non-Muslims that Islam would not have millions of adherents all over the world, if it had not been spread by the use of force. The following points will make it clear, that far from being spread by the sword, it was the inherent force of truth, reason and logic that was responsible for the rapid spread of Islam.
1. Islam means peace.
Islam comes from the root word ‘salaam’, which means peace. It also means submitting one’s will to Allah (swt). Thus Islam is a religion of peace, which is acquired by submitting one’s will to the will of the Supreme Creator, Allah (swt).
2. Sometimes force has to be used to maintain peace.
Each and every human being in this world is not in favour of maintaining peace and harmony. There are many, who would disrupt it for their own vested interests. Sometimes force has to be used to maintain peace. It is precisely for this reason that we have the police who use force against criminals and anti-social elements to maintain peace in the country. Islam promotes peace. At the same time, Islam exhorts it followers to fight where there is oppression. The fight against oppression may, at times, require the use of force. In Islam force can only be used to promote peace and justice.
3. Opinion of historian De Lacy O’Leary.
The best reply to the misconception that Islam was spread by the sword is given by the noted historian De Lacy O’Leary in the book ’Islam at the cross road’ (Page 8):
’History makes it clear however, that the legend of fanatical Muslims sweeping through the world and forcing Islam at the point of the sword upon conquered races is one of the most fantastically absurd myth that historians have ever repeated.’
4. Muslims ruled Spain for 800 years.
Muslims ruled Spain for about 800 years. The Muslims in Spain never used the sword to force the people to convert. Later the Christian Crusaders came to Spain and wiped out the Muslims. There was not a single Muslim in Spain who could openly give the adhan, that is the call for prayers.
5. 14 million Arabs are Coptic Christians.
Muslims were the lords of Arabia for 1400 years. For a few years the British ruled, and for a few years the French ruled. Overall, the Muslims ruled Arabia for 1400 years. Yet today, there are 14 million Arabs who are Coptic Christians i.e. Christians since generations. If the Muslims had used the sword there would not have been a single Arab who would have remained a Christian.
6. More than 80% non-Muslims in India.
The Muslims ruled India for about a thousand years. If they wanted, they had the power of converting each and every non-Muslim of India to Islam. Today more than 80% of the population of India are non-Muslims. All these non-Muslim Indians are bearing witness today that Islam was not spread by the sword.
7. Indonesia and Malaysia.
Indonesia is a country that has the maximum number of Muslims in the world. The majority of people in Malaysia are Muslims. May one ask, ’Which Muslim army went to Indonesia and Malaysia?’
8. East Coast of Africa.
Similarly, Islam has spread rapidly on the East Coast of Africa. One may again ask, if Islam was spread by the sword, ’Which Muslim army went to the East Coast of Africa?’
9. Thomas Carlyle.
The famous historian, Thomas Carlyle, in his book ’Heroes and Hero worship’, refers to this misconception about the spread of Islam: ’The sword indeed, but where will you get your sword? Every new opinion, at its starting is precisely in a minority of one. In one man’s head alone. There it dwells as yet. One man alone of the whole world believes it, there is one man against all men. That he takes a sword and try to propagate with that, will do little for him. You must get your sword! On the whole, a thing will propagate itself as it can.’
10. No compulsion in religion.
With which sword was Islam spread? Even if Muslims had it they could not use it to spread Islam because the Qur’an says in the following verse:
’Let there be no compulsion in religion:
Truth stands out clear from error’
[Al-Qur’an 2:256]
11. Sword of the Intellect.
It is the sword of intellect. The sword that conquers the hearts and minds of people. The Qur’an says in Surah Nahl, chapter 16 verse 125:
’Invite (all) to the way of thy Lord
with wisdom and beautiful preaching;
and argue with them in ways that are
best and most gracious.’
[Al-Qur’an 16:125]
12. Increase in the world religions from 1934 to 1984.
An article in Reader’s Digest ‘Almanac’, year book 1986, gave the statistics of the increase of percentage of the major religions of the world in half a century from 1934 to 1984. This article also appeared in ‘The Plain Truth’ magazine. At the top was Islam, which increased by 235%, and Christianity had increased only by 47%. May one ask, which war took place in this century which converted millions of people to Islam?
13. Islam is the fastest growing religion in America and Europe.
Today the fastest growing religion in America is Islam. The fastest growing religion in Europe in Islam. Which sword is forcing people in the West to accept Islam in such large numbers?
14. Dr. Joseph Adam Pearson.
Dr. Joseph Adam Pearson rightly says, ’People who worry that nuclear weaponry will one day fall in the hands of the Arabs, fail to realize that the Islamic bomb has been dropped already, it fell the day MUHAMMED (pbuh) was born’
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JIHAD IN ISLAM!
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Jihad: why?
Naturally, every creature on the earth needs to defend himself from the internal or external aggressions on him or his fellows. Humans are surviving by virtue of the same ability given by Allah almighty, they defend themselves from aggression. Muslims called it Jihad; they fight with non-Muslims, so that they could protect themselves.
Jihad being the command of Allah almighty required certain prerequisites and rules of commencing, ending and conduct during the war (Jihad). In other words, why to go to war? And how to go to war? In number of verses in the Qura’an, however, Allah almighty lay down that the original and permanent nature of relationship between the Muslims and the non-Muslims is peace and understanding rather than war and hostility.
The Quran clearly requires that the Muslims should opt for peace as soon as the enemy opts for it. (8:61), it declares that the Muslims are not allowed to take up arms against a people who re neutral; they are required instead to offer peace (4:94). Moreover, it encourages the Muslims to be kind and generous to those who did not fight against the Muslims and did not treat them with injustice (60:8). Similar examples may also be cited from Hadith literature.
Let’s start with the question: WHY TO GO TO WAR?
Islam is derived from Salam “peace”, so Allah is Salam, paradise is the house of peace, regards of Islam is Salam, regards of angels and Allah for the residents of paradise is Salam, Muslims are asked to advertise Salam and fight the illegal terrorism. The basis is the general principle that the relations of Muslims are based on peace and not war, and the cause of war is the aggression from non-Muslims, the affirmation of war despite the forbiddance of aggression is due to the necessity, the bringing peace, and withstanding the aggressors and occupants from the Muslim states.., because Allah almighty said: { وَقَاتِلُوا فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَاتِلُونَكُمْ وَلَا تَعْتَدُوا إِنَّ اللَّهَ لَا يُحِبُّ الْمُعْتَدِينَ } (1:190)
“And fight in the way of Allah with those who fight you, but transgress not the limits. Truly, Allah likes not the transgressors”.
Some of the Shafi’is and Hanbalis considered the cause of jihad, or why to go to war, the infidelity “Kufr”. Primarily they base their opinion on the texts of the Qura’an and Sunnah that prescribe Qital (war) as a punishment for the opponents of the holy prophet (May Allah’s blessings be upon him). On the other hand, majority of the jurists were of the opinion that the cause of jihad is muharabah (aggression). They also base their opinion on the texts of the holy Qur’an and Sunnah. Further, they say that if kufr were the cause of qital then non Muslims women, children, aged people as well as priests and monks would not have been given immunity from attacks during war.
I believe, the position taken by the majority of the jurists is in accordance with the essence of Islam. The term “Islam” being an Arabic word; is derived from Salam which means peace. So an inference could be taken, primarily, from the name of the religion we follow; the continuity of a war for 12 months in a year will damage the claim of being a religion of Salam (peace) or the claim that Islamic state must be a welfare state!
The misconception, principally, is the result of a tradition which is usually presented as a prove for continued jihad امرت ان اقاتل الناس حتى يقولوا لا اله الا الله , as a clarification it is necessary to say that, this tradition is not a general because of the "ال" attached with "الناس" which makes it for specialization or ال التبعيض (specifying few out of group-of things-) so the tradition is about the idolaters of Arabia. Why they are killed till they become Muslims? The answer could be found in another tradition of the holy prophet PBUH "لا يجتمع دينان فى جزيرة العرب" followers of two religions cant live in Arabian Peninsula, therefore the infidels of Mecca had to become Muslims or get out of the Arabia, because of the sacredness and sentiments attacked to the pure territory.
To sum up this issue: most Quranic verses in Surah-e-Tauba which imply continual war with the disbelievers; apply only to the infidels of Arabia-the prophet’s own people and the immediate addressees. These verses have been generalized by some western scholars and their application has been extended to all categories of non-Muslims.
Coming to the word اقاتل, it is a feature of Arabic language that its every verb has some special characteristics. Muqatala (مقاتلة) (war) is derived from the verb-class of mufa’ala مفاعلةand the characteristics of this class is that it is used for a bilateral act. Like Mukalama, Musafaha, Munaqasha, Mushajaraمشاجرة، مناقشة، مصافحة، مكالمه، (dialogue, shacking hands, discussion and dispute) etc, all of the aforementioned acts take place between two or more parties. The same is with مقاتلة it must be between two or more parties, when Allah almighty saidوقاتلوا فى سبيل الله الذين يقاتلونكم و لا تعتدوا and fight those who fight you and don’t exaggerate, It is inferred that Muslims will fight those who fight them and will not commence the war, it is the basis of Islamic jus ad bellum.
The second part of the verse elaborates the modern rule jus in Bello (the conduct during the war) when it says “and don’t transgress”, Ibn-u-Abbas said don’t kill non-combatants, in other words the women, elders, children, POWs and priests.
وقوله: { وَلا تَعْتَدُوا إِنَّ اللَّهَ لا يُحِبُّ الْمُعْتَدِينَ } أي: قاتلوا في سبيل الله ولا تعتدوا في ذلك ويدخل في ذلك ارتكاب المناهي -كما قاله الحسن البصري -من المَثُلة، والغُلُول، وقتل النساء والصبيان والشيوخ الذين لا رأي لهم ولا قتال فيهم، والرهبان وأصحاب الصوامع، وتحريق الأشجار وقتل الحيوان لغير مصلحة،
“{But transgress not the limits. Truly, Allah likes not the transgressors} means: fight in the way of Allah and don’t transgress in doing so, it includes committing the prohibited acts-as Hassan al-Basri said- mutilating the bodies, killing women, children, elders who neither can advise in war nor can fight, priests and monks , ablazing trees and killing animals uselessly”.
So according to the verse the Muslims should not go to war accept when they are to defend themselves and must also follow the rules in the war; so should not kill the prohibited categories of humans.
When it is known that qital is only for those who can fight, we can easily say that cause of jihad is not mere Kufr and Muslims are not obliged to kill, rather fight, without a war being waged from non-Muslims. Because; if it they were obliged to subjugate and eliminate Kufr, women were the best option to be killed first in order to stop the kafir generation from taking birth, then the children and then the combatants.
Second argument for denying the cause to be mere kufr, is that when the prophet said about a dead woman "ما كانت هذه لتقاتل" she was not supposed to fight or to be killed, he impliedly meant to say that because she cant fight, she must not be killed. Therefore when we are prohibited from killing women and children means Kufr is not the cause but it is the war or Muqatala waged by non-Muslims.
Going a bit forward, POWs are not supposed to be killed, they must be treated humanely with respect and dignity, and those who fed them are appreciated by Allah almighty, he said in Surah-tul-Insan when he said "و يطعمون الطعام على حبه مسكينا و يتيما و اسيرا" (76:8)and they fed poor, orphans and POWs on their own consent/willingly. If Kufr was the cause of jihad, why Allah almighty appreciated them for feeding them? Will it not become contradictory if once he orders them to kill everybody, then appreciates them for humanely treating PoWs? This verse indicates that according to Islam a person could not be killed merely for being a non-Muslim.
Islamic state must, according to all Muslim jurists, be a welfare state, just imagine if a state is busy with non-Muslim states for 12 months a year in wars, could the inhabitant Muslims see a bright peaceful day? Could they have time for their education? Would they be able to enjoy modern health facilities? So, if we use the minor and major premise in order to get a rational conclusion, it will prove wrong:
Let us claim, major premise: Islam is a welfare state (with all the modern facilities) + minor premise: Muslim state must fight with all non-Muslims= conclusion: X, what can we prove, Islam is religion of peace or war? You see, we face a major problem; we can’t call it a religion of peace because it calls for waging war against every one. Therefore, when the name of Islam is peace, it demands peace; we have to avoid war, except in defending the nation or religion. .
As a result of the discussion we should understand that our relations with non-Muslims are normally peaceful but if any aggression takes place.
Now, let’s discuss the verses of the holy Qur’an regarding jihad.
As a matter of fact the verses in the holy Qura’n are of two types:
Absolute verses which command the continuous war with non-Muslims and demand killing them.
Conditional verses; which relate the effect (war) with a cause (aggression against Muslims, religion…).
To talk expressly, in Surah-e-Tauba Allah almighty said: “فَاقْتُلُوا الْمُشْرِكِينَ حَيْثُ وَجَدْتُمُوهُمْ وَخُذُوهُمْ وَاحْصُرُوهُمْ وَاقْعُدُوا لَهُمْ كُلَّ مَرْصَدٍ" (9:5) and kill the infidels wherever you found them…, then said “قَاتِلُوهُمْ يُعَذِّبْهُمُ اللَّهُ بِأَيْدِيكُمْ” and a lot more.
Notwithstanding The fact that these verses are specific in relation to non-Muslims of Arabia and are not supposed to be used generally, if we accept that they are general; we have numerous other verses from which it is inferred easily that all the non-Muslims are not liable to be fought with. Allah almighty says “لَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُمْ مِنْ دِيَارِكُمْ أَنْ تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ ان الله يحب المقسطين" (60: 9)
Allah does not forbid you to deal justly and kindly with those who fought not against you on account of religion or drove you out of your homes. Verily Allah loves those who deal with equity.
A tradition reported by Abdullah bin Abi Aufa, لَا تَتَمَنَّوْا لِقَاءَ الْعَدُوِّ وَسَلُوا اللَّهَ الْعَافِيَةَ فَإِذَا لَقِيتُمُوهُمْ فَاصْبِرُوا وَاعْلَمُوا أَنَّ الْجَنَّةَ تَحْتَ ظِلَالِ السُّيُوفِ" “and don’t desire to see your enemy (to bring your army to their front) and pray for peace from Allah, but if such a situation occurs; then be patient and know that paradise is under the shadow of swords”. Means that primarily, our relations are peaceful, however, if a war is imposed then we have to withstand and avoid waiting to be butchered.
You can realize the difference between the verses, if we say that Muslims are asked to fight the non-Muslims; we would have left the other verses un-applicable. And according to the juristic principle اعمال الدليلين اولى من اهمالهما او اهمال احدهما “to apply two texts is better then to leave them both or any one of them”. Therefore it is desirous to say: we will fight the non-Muslims when they fight us or commit any aggression or they compel Muslims to convert from Islam, otherwise our relations are based on peace.
Moreover, we have another principle of imposing conditional texts on absolute, which will lead to application of both the texts. According to this principle; we have to apply the conditional text, impliedly, however, we would have acted on the absolute. So when one text said kill them all, another said kill them if they kill you, if we put to practice the second text, we would have acted on both, we will kill them (the first text) if they kill us( the second text).
Last but not least; I would like to mention the absolute verses which al-Kafir mentioned in one of his posts:
These verses call for killing, but whom they intend and when?
Let’s see:
1. بَرَاءَةٌ مِنَ اللَّهِ وَرَسُولِهِ إِلَى الَّذِينَ عَاهَدْتُمْ مِنَ الْمُشْرِكِينَ…
2. Verse 3: أَنَّ اللَّهَ بَرِيءٌ مِنَ الْمُشْرِكِينَ…
3. Verse 4 إِلَّا الَّذِينَ عَاهَدْتُمْ مِنَ الْمُشْرِكِينَ…
4. كَيْفَ يَكُونُ لِلْمُشْرِكِينَ عَهْدٌ…
5. verse 12: وَإِنْ نَكَثُوا أَيْمَانَهُمْ مِنْ بَعْدِ عَهْدِهِمْ وَطَعَنُوا فِي دِينِكُمْ فَقَاتِلُوا أَئِمَّةَ الْكُفْرِ إِنَّهُمْ لَا أَيْمَانَ لَهُمْ لَعَلَّهُمْ يَنْتَهُونَ
But if they violate their oaths after their covenant, and attack your religion with disapproval and criticism, then fight (you) the leaders of disbelieve (chiefs of Quraish pagans of makkah-for surely their oaths are nothing to them- so that they may stop (evil actions).
6. أَلَا تُقَاتِلُونَ قَوْمًا نَكَثُوا أَيْمَانَهُمْ وَهَمُّوا بِإِخْرَاجِ الرَّسُولِ وَهُمْ بَدَءُوكُمْ أَوَّلَ مَرَّةٍ
Will you not fight a people who have violated their oaths (pagans of makkah) and intended to expel the messenger while they did attack you first?
Here as well, the verses mentioned the causes of attack or war, they breached the covenants, intended to expel the messenger, it is considered an aggression by Quraish, infidels of Mecca and are not general for all.
To conclude:
Our relations with non-Muslims are based on peace, we are not allowed to fight them but if they commit any aggression, we have to attack them, kill them and use the war for peace and harmony in the world. And to help understand the issue I would like to quote the translation of a chapter of the holy Quran, called Kâfirûn (the disbelievers):
1. “Say: [O Muhammad to these and Kâfirûn]: “O Al- Kâfirûn [disbelievers in Allah],
2. “ I worship not that which you worship”,
3. “Nor will you worship that which I worship”,
4. “ and I shall not worship that which you are worshipping”
5. nor will you worship that which I worship”
6. TO YOU BE YOUR RELIGION, AND TO ME MY RELIGION.
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Special Afghan terminology 4
Related to country: Afghanistan
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MEERATA: Meerata means complete annihilation of the male members of a family by brutal assassination. This is not a custom but a criminal act. Under Meerata, the stronger member of family used to assassinate their weak but near relatives with the sole object of removing them from the line of inheritance and gaining forcible possession of their lands, houses and other property. The tribal law seriously views this kind of cold-blooded murder and persons responsible for such an inhumane and ghastly act cannot escape the wrath of Pakhtuns. The Jirga immediately assembles to take suitable action against the culprits. The penalty is usually in the form of setting on fire their houses and other property and expulsion of the culprits from their area.
SAZ: The word Saz is used for blood money or compensation in lieu of killing. Under the custom of Saz a person who feels penitent after committing a deliberate murder, approaches the deceased's family through a Jirga and offers to make payment of blood money to end enmity between them. All hostilities come to an end between the parties after acceptance of Saz. Sometimes the payment of compensation takes the form of giving a girl in marriage to the aggrieved party. It is also called Swarah, which binds together the two parties in blood relations and thus helps in eradicating ill will and feelings of enmity.
ITBAR: Itbar, which means trust, or guaranteed assurance or is the arch of society, which is governed by un-written laws or conventions. All business including contracts relating to sale and mortgage or disposal of property, is transacted on the basis of trust or Itbar. Such transactions are verbal and are entered into in the presence of the village elders or a few witnesses. The violation of Itbar is considered to be dishonorable act, un-becoming of gentleman and contrary to the norms of Pakhtunwali.
HAMSAYA: The word Hamsaya stands for a neighbor but in Pashto it applies to a man who abandons his home either due to poverty or blood feud and seeks protection of an elder of another village. In this way the latter becomes his client or vassal. It is, therefore, incumbent upon the protector to save his Hamsaya from insult or injury from any source.
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