Posts Tagged ‘Islam’

Jesuit Muslims

December 28, 2016

JESUIT MUSLIMS (OR MUSLIM JESUITS)

From Ibn ‘Arabi, al-Futuhat al-Makkiyyah [The Meccan Revelations], Dar Ihya’ al-Turath al-‘Arabi [House of Revival of Arab Heritage], Beirut, 1418/1997, vol. 1, pp. 286-291.

[NB: This is not about the Christian, Roman Catholic Order of Jesuits, but refers to Muslims who also follow Jesus in their practices and states.]

With the Name of God, All-Merciful, Most Merciful

Chapter 36: On the recognition of [Muslim] Jesuits …

Know, may God strengthen you, that the Way of Muhammad, may God bless him and grant him peace, includes all previous ways, and that the latter have no validity in this world save that of them that is endorsed by the Muhammadan Way, by the endorsement of which they remain valid. We exert ourselves in worship via these ways because Muhammad, may God bless him and grant him peace, endorsed them, not because the prophet specific to that way in his time endorsed it.

This is why the Messenger of God, peace be upon him, was given “Comprehensive Words” (jawami’ al-kalim). Thus, when a Muhammadan does a work, and the entire responsible universe today of human and jinn is Muhammadan, for there is no divine way in the universe today except for the Muhammadan Way, this worker from the [Muslim] nation may coincide in his work, with an opening in his heart and path, with a path of one of the previous prophets that it is included in this Way, which endorses it and the result of following it. Thus, such a person will be attributed to the founder of that way and called Jesuit (‘Isawi), Mosaic (Musawi) or Abrahamic (Ibrahimi) …

There is no prophethood with a way (shar’) after Muhammad, may God bless him and grant him peace … This is why it is mentioned in the report that “the people of knowledge are the inheritors of the prophets” …

The original Jesuits are the disciples and followers of Jesus … the second Jesuits are those who followed Jesus directly without a veil and then followed him via Muhammad, may God bless him and grant him peace, and there is an experiential difference between the two. This is why the Messenger of God, may God bless him and grant him peace, said about such a person, “Truly, he will be rewarded twice” [cf. Qur’an, The Story, 28:52-55], and similarly, such a person has two different sets of inheritances, openings and experiences, in each of which he is only attributed to the relevant prophet.

These are the second Jesuits. Their base of principles is to unify God, free of all likenesses. This is because the initiation into existence of Jesus, peace be upon him, was not by way of a human male, but by the manifestation (or likeness) of a spirit in the form of a human [Q. Mary 19:17]. This is why the doctrine of God manifested in a form dominated the nation of Jesus, son of Mary, over all other nations: they make forms, images and likenesses in their churches, and worship within themselves by focusing their attention on these. The origin of their prophet, peace be upon him, was by a likeness, so this reality has continued amongst his nation until now.

Then, when the Way of Muhammad, may God bless him and grant him peace, came and forbade likenesses (images), whilst he, peace be upon him, included the reality of Jesus, and his way in his, he laid the path for us, peace be upon him, “that we worship God as though we see Him,” in imagination, which is the meaning of making images. But he forbade us from this (making images) in the sensual/physical world, lest physical forms or images [of God] should appear in this nation.

Furthermore, this particular teaching, “Worship God as though you see Him,” was not stated to us by Muhammad, may God bless him and grant him peace, directly; rather, it was stated by Gabriel, peace be upon him, and it was he who appeared in the total likeness of a man to Mary at the conception of Jesus, peace be upon him … We were the ones addressed by that statement, which is why it occurs at the end of the tradition, “This was Gabriel: he wished for you to know, since you would not ask”; or in other narrations, “He came to teach the people their religion,” or “He came to you, to teach you your religion” …

Moreover, you should know that their [the Jesuits’] base of principles also includes the teaching that comes from ways other than that of Jesus, peace be upon him, “… but if you were not able to see Him, then truly, He sees you.”

Our shaykh, Abu l-‘Abbas al-‘Uraybi, may God have mercy upon him, was Jesuit at the end and extent of his path, which was the beginning of ours [i.e. the beginning of Ibn ‘Arabi’s path was Jesuit]; then we moved to a solar, Mosaic opening, then to Hud, peace be upon him, then to all the prophets, peace be upon them. After that, we moved to Muhammad, may God bless him and grant him peace. Thus was our matter in this path, may God establish us in it and not divert us from the straightness of the path …

Jesuits have extremely active aspiration, their prayers are answered and their speech is heard. One of the signs of the Jesuits, if you wish to recognise them, is that you will see each of them having mercy and compassion towards everyone, whoever they are, no matter what religion they follow. They entrust other people’s matters to God: when they address the servants of God, they do not utter anything that will constrain people’s hearts in respect of anyone at all.

Another of their signs is that they see the best in everything and only goodness flows from their tongues … e.g.

(1) What is narrated from Jesus, peace be upon him, that he saw a pig and said to it, “Go safely, in peace.” Upon being asked about this, he replied, “I train my tongue to speak goodness.”

(2) The Prophet, may God bless him and grant him peace, passed by a carcass and said, “How beautifully white are its teeth!” whereas those with him said, “How horrible is its stench!”

(3) The Prophet, may God bless him and grant him peace, commanded the killing of snakes in specific situations and informed us that God loves courage, even if only in killing snakes. However, despite this, when he was in the cave in Mina where Surah al-Mursalat [Qur’an Chapter: The Messengers, no. 77] descended upon him (it is known as the Cave of al-Mursalat until today – I have entered it, seeking blessings), a snake came out of its hole and the Companions rushed to kill it but it frustrated them, the Messenger of God, may God bless him and grant him peace, said, “Truly, God saved it from your evil just as He saved you from its evil.”

[3a] He thus named it (killing snakes) “evil”, even though it is a commanded matter, just like His saying, Most Exalted, regarding retribution, “The reward of a bad deed is a bad deed like it; [so whoever forgives and reforms, their reward is with God: truly, He does not love the oppressors” – Q. Consultation 42:40] – He named retribution a “bad deed” and encouraged forgiveness.

Thus, the Prophet’s eye, may God bless him and grant him peace, only fell upon the best aspect of the carcass. Similarly, the friends of God only see the best in everything they look at: they are blind to the faults of people, although not to faults in themselves, for they have been commanded to avoid these. Similarly, they are deaf against listening to obscenity and dumb against uttering bad words, even if this is allowed in some places.

This is how we have known them [the Jesuits], so Glory be to the One who purified them, chose them and guided them to the straight path. “They are the ones whom God has guided: by their guidance, follow!” [Q. Cattle 6:90]

This is the station of Jesus, peace be upon him, within Muhammad, may God bless him and grant him peace, for he preceded him in time and these states were transmitted from him by the latter. God said to His Prophet [Muhammad], may God bless him and grant him peace, after mentioning several prophets including Jesus, peace be upon them, “They are the ones whom God has guided: by their guidance, follow!” [Q. Cattle 6:90].

However, the station of Messenger determines that the beautiful must be explained and distinguished from the ugly in order to be known, as the Exalted said, “… that you may explain to the people what has been revealed to them” [Q. The Honey-Bee 16:44]. Thus, when he explained the bad side of a person, it was by inspiration from God, such as his saying about someone, “What a bad son of his tribe!” Similarly, Khidr killed a lad and said about him, “His nature had been stamped as an ingrate unbeliever (kafir)” and reported that if he had left him alive, he would have behaved badly towards his parents. He also said, “I did not do that of my own accord.” [i.e. it was by God’s command; Q. The Cave 18:74, 80-82]

Thus, the essences of such people, whether prophets or saints, are characterised by kind speech, seeing the best in everything and listening attentively only to goodness. However, if there is the occasional exception to this, it is by divine command, not from their own tongue.

This is what we have mentioned of the states of the Jesuits, as facilitated by God upon my tongue, “and God speaks the Truth and He guides to the Way.” [Q. The Confederates 33:4]


Abridgment and Translation: Usama Hasan

London, 28th December 2016 / 29th Rabi’ al-Awwal 1438

 

FREEDOM – Islamic reflections on Liberty

December 25, 2016

With the Name of God, All-Merciful, Most Merciful

FREEDOM

Reflections by Imam Usama Hasan, Head of Islamic Studies at Quilliam Foundation, in preparation for the Inspire Dialogue Foundation conference in Cambridge, Saturday 17th September 2016, hosted by Lord Rowan Williams, Emeritus Archbishop of Canterbury

There are many universal human rights: arguably, freedom is one of the basic ones, intertwined with life itself. As Tipu Sultan, the famous Indian resistance leader against the British, exclaimed: “better to live one day, free as a lion, than to live as a slave for a thousand years.” Caliph Omar once berated one of his commanders, who had followed the common pre-Islamic medieval wartime practice of enslaving the women and children of a defeated army, asking: “how could you enslave people whom God had created free?!” echoing Moses’ defiant response to Pharaoh in the Qur’an (26:22), which asks: “is this the favour, of which you are reminding me, that you have enslaved the Children of Israel?”

Theologically, true faith is based on free will and free choice: any practice that is not free, including faith and religious observance, cannot be genuine. Hence the famous Qur’anic declaration (2:256), “There is no compulsion in religion!”

The centrality of freedom to faith raises important issues: drugs, alcohol, mental illness, carnal lusts and social pressures all mean that our choices and decisions in life are not totally free. How, then, are these actions judged by fellow humans and by God? In particular, one of the goals of religious practice has always been to remove internal shackles that inhibit our expression of humanity, enabling greater self-awareness and realisation of our potential. Thus, a tradition of the Prophet Muhammad says that “the world is a prison for the believer,” i.e. the moral person, and great sages survived imprisonment because they were, internally, free spirits. Ideas of freedom and liberty have, of course, strongly shaped the modern world since the 18th century with the abolition of slavery, French and American republican ideals and anti-colonial independence movements.

It is my firm belief that the great philosophers, sages and prophets: Moses, Mary, Christ and Muhammad, Buddha and Confucius, and men and women of God through the ages, supported the liberation of men and women of all colours, races and religions, children and slaves, individuals and populations, from the yokes of tyranny and oppression. Our modern heroes in this regard range from Wilberforce to Jefferson to Gandhi, Jinnah, Martin Luther King and Mandela.

But today, we still have our modern forms of slavery: bonded and child labour; entire multiple-generation families working in sweatshop factories; highly-organised international rings dealing in human trafficking, including that of children, for financial and sexual exploitation. Therefore, we need to address the above problems by rekindling the same spirit that historically liberated children from labour into education, slaves from enslavement into liberty, peoples from colonisation into independence, and people of colour from segregation and apartheid into civic equality.

Tony Blair, whilst UK Prime Minister, once said in an historic speech on Capitol Hill that “to be American is to be free.” In reality, as spiritual-animal beings made in the image of the Divine, to be human is to be free. Now, let’s continue with working towards inner and outer freedom, and sharing it with our fellow travellers, with the goal of reaching our full and common humanity.

A BRIEF DISCUSSION OF A FATWA PROHIBITING POKEMON

July 25, 2016

A BRIEF DISCUSSION OF A FATWA PROHIBITING POKEMON

The following discussion of old and new fatwas about Pokemon illustrates how even an innocent or innocuous children’s cartoon is made into a symbol of a binary division worldwide by islamist extremism.

09/04/2001 Al Qaradawi prohibits Pokemon http://www.aljazeera.net/news/cultureandart/2001/4/9/%D8%A7%D9%84%D9%82%D8%B1%D8%B6%D8%A7%D9%88%D9%8A-%D9%8A%D8%B5%D8%AF%D8%B1-%D9%81%D8%AA%D9%88%D9%89-%D8%A8%D8%AA%D8%AD%D8%B1%D9%8A%D9%85-%D8%A7%D9%84%D8%A8%D9%88%D9%83%D9%8A%D9%85%D9%88%D9%86

11/07/2016 Pokemon craze sweeps across the Middle East http://english.alarabiya.net/en/variety/2016/07/11/Pok-mon-craze-sweeps-across-Mideast-.html

14/07/2016 Al-Azhar condemns Pokemon ‘mania’ http://gulfnews.com/news/mena/egypt/al-azhar-condemns-pokemon-mania-1.1862458

20/07/2016 Pokemon Go ‘haram’ – The Council of Senior Scholars of Saudi Arabia has explicitly renewed its own 2001 fatwa prohibiting Pokemon, to include Pokemon Go http://www.arabnews.com/node/956681/saudi-arabia

Summary of 2001 Aljazeera.net article (translation by Usama Hasan):

Sheikh Yusuf al-Qaradawi issued a fatwa prohibiting the Japanese Pokemon cartoon series and related films and games, “in order to protect the minds, beliefs and character of our children as well as their money: these people have perfected the art of looting it from them by consent, and gradually drawing their fathers and mothers into agreement also.”

Sheikh Qaradawi explained that his fatwa prohibiting Pokemon was issued after discussion broke out about Pokemon, its Sharia ruling and whether it is halal or haram. The Sheikh added, “I was asked about this by many fathers and mothers concerned about bringing their children up in an authentic Islamic way, in which their beliefs would be sound, their worship correct, their souls purified and their manners and character upright.”

Qaradawi emphasised that his fatwa was based upon the views of devout believers who were also experienced thinkers and who knew the issues of art, drama and TV series etc. He warned that Muslim jurists must not rush to pronounce judgment on such issues before knowing its reality, “for the judgment upon something is derived from its conception, and the jurists usually are not aware of such matters because they do not watch such series or games, especially since these are for children.”

Sheikh Qaradawi specified five reasons that led him to prohibit Pokemon:

  1. It is a danger to our creed (‘aqidah), since it is based on Darwinian thought, known as the theory of evolution, the development of species and types from lower to higher and more powerful creations.
  2. It is a danger to a child’s mentality and his good, intellectual upbringing, since it implants in his mind imaginary matters that have no foundation, supernatural things that are not consistent with God’s natural ways. This is because these insects or new creatures (Pokemons) have weird and wonderful qualities that have no basis in either reason or tradition.
  3. Pokemon is a danger to a child’s character and their good relationship with those around them, since the film has unearthed the theory of conflict and survival of the strongest, which is also a Darwinian theory. The film and TV series promote perpetual conflict, continuous fighting and a cycle of violence amongst its characters.
  4. The Pokemon game involves a type of gambling [in this case, spending money without equal counter-value], which is prohibited by the Sharia, since the upgrades are sold for tens, hundreds or even thousands of riyals, dirhams, pounds or dinars, especially the most powerful upgrades.
  5. Pokemon has characteristic symbols that have their own indications, e.g. the “six-pointed star” that is related to Zionism and Freemasonry, and which has become a symbol of the usurpatory state named “Israel.”

[6] Qaradawi called upon Muslims and Arabs to have “our own special products that express our beliefs, values, laws, customs, heritage and civilisation. Our innovative writers, academics, artists, technologists, the rich and the powerful should work together to do this. Thus, we should present films and cartoon series that carry our message and express our personality and religious, cultural and civilisational identity in simple, eloquent and attractive language.”

Brief comments on the above points by Usama Hasan:

  1. Darwinism: interestingly, a leading 19th-century Western scientist regarded this as a Muslim theory: “ … the Mohammedan theory of the evolution of man from lower forms, or his gradual development to his present condition in the long lapse of time.” (History of the Conflict between Religion and Science by John William Draper, 1811-1882, Electronic Text Center, University of Virginia Library, p. 188) Furthermore, Sheikh Qaradawi himself later moved away from this blanket condemnation of evolutionary theory: “Even research into the beginning of creation [is allowed in Islam], as long as one keeps in mind that we are looking into creation, meaning that there is a Creator … Even if we assume that species evolved from species, this is only by the will of the Creator, according to the laws of the Creator … If Darwin’s theory is proven, we can find Qur’anic verses that will fit with it …” Al-Jazeera TV (Al-Shari`ah wal Hayat, Arabic), 3 March 2009
  2. This discussion could be applied to many weak hadiths and also to fiction, including science fiction that is known to help inspire scientists, e.g. Arthur C Clarke’s famous predictions of the emergence of the internet and other developments. For science fiction in an Arab/Islamic context, see the Sindbad Sci-Fi project (http://sindbadscifi.com/)
  3. For sure, violence in films, TV shows and computer games is a major matter of concern for humanity worldwide. However, Sheikh Qaradawi’s concern in this regard is undermined by his other fatwas permitting the murder of Israeli civilians, since he regards Israel as a “militarised society” and therefore does not recognise any Israeli adults as civilians.

    Note also that the “survival of the fittest” is an aspect of our biological nature that was recognised by Muslim thinkers over a thousand years ago, including Al-Jahiz (776-869 CE) and his “Struggle for Existence” theory that anticipated a type of crude Lamarckism, one of the precursory theories to Darwinian evolution. (See Rebecca Stott, Darwin’s Ghosts, Bloomsbury, 2012, Chapter 3: Al-Jahiz; cf. also Jim al-Khalili, Pathfinders, p. 76)

  4. Certainly, wasting large sums of money on useless computer games is wrong. But relaxation is part of, and preparation for, worship of God in the Islamic tradition and people are entitled to have a small budget for such leisure. Furthermore, computer games can aid and develop some neural and reflex skills.
  5. Note that the Moroccan flag, pre-Israel, also carried a six-pointed star, also known as the Star of David (Arabic: najm Dawud) or the Seal of Solomon (khatam Sulayman). Six-pointed stars are also found engraved on the walls built by the Ottoman Muslim ruler Sultan Suleyman the Magnificent around Al-Aqsa Mosque in Jerusalem, and on the tomb of the Prophet Muhammad’s maternal aunt Umm Haram in Cyprus (http://keehuachee.blogspot.co.uk/2013/07/part-2-hala-sultan-tekke-mosque-in.html). Since David and Solomon are revered “Prophet-Kings” in the Qur’an and the Islamic tradition, it is wrong to condemn their symbols. Indeed, Sufis such as Idries Shah and Martin Lings comment on the vertical-horizontal mystical symbolism of the six-pointed star.

    Furthermore, researchers into anti-semitism correctly note that “criticising Israel is not anti-semitism, but singling Israel out amongst the world’s states for criticism is anti-semitism.” (Similarly, I would argue that criticising Islam is not Islamophobia, but singling out Islam amongst the world’s religions, philosophies and traditions for criticism is Islamophobia.)

  6. The desire to preserve one’s own values is understandable, but nationalism taken to an extreme becomes fascism. The above fatwa was issued before 9/11 and smacks of divisive, us-vs.-them discourse, not to mention that it places Japanese Muslims in a very difficult situation, cf. A History of Islam in Japanhttps://unity1.files.wordpress.com/2009/06/islam-in-japan.pdf). It is also unhelpful for Western Muslims, Chinese Muslims, Indian Muslims and others. There is a certain irony about an Arab Sheikh using Western and Japanese technology to promote a xenophobic message, as though violence and other problematic issues do not exist within Arab and Muslim culture.

    The 99 (Islamic Superheroes) by Dr Naif al-Mutawa, produced 2006-2013, are arguably the kind of thing that Qaradawi was calling for. But here is a sobering reminder of some of the reaction to it (https://en.wikipedia.org/wiki/The_99): Saudi clerics ruled the series blasphemous because the superheroes of its title are based on the 99 attributes ascribed to Allah in the Holy Quran. The Grand Mufti Abdulaziz al-Sheikh said, “The 99 is a work of the devil that should be condemned and forbidden in respect to Allah’s names and attributes.” The original comic strip version, first released in 2006, had already run into opposition from Muslims not only in Saudi Arabia but also in neighboring Kuwait, where it was created and produced by media executive Nayef al-Mutawa. Andrea Peyser, columnist at the New York Post, wrote in October 2010: “Hide your face and grab the kids. Coming soon to a TV in your child’s bedroom is a posse of righteous, Sharia-compliant Muslim superheroes, including one who fights crime hidden head-to-toe by a burqa.” In 2014, The Kuwait Times reported that ISIL members had issued death threats and offered unspecified rewards for the assassination of Dr. Al-Mutawa, via Twitter. Al-Mutawa defended the work saying that he had received clearance from sharia scholars and never would have gone ahead with the project had he not.

    See also Burka Avenger (http://www.burkaavenger.com/), an award-winning homegrown Pakistani cartoon series (2013-present, https://en.wikipedia.org/wiki/Burka_Avenger) that is currently aired by Nickelodeon in Pakistan.

What we do need now is an inclusive discourse of universal, shared values, of replacing a “clash of civilisations” with a dialogue and co-operation of civilisations.

Usama Hasan, 15/07/16 (edited 25/07/16)

Islam and Science workshop presentations – London 2013

July 27, 2015

Bismillah. I have been working on the report for the “Islam & Science – The Big Questions” (of science and Islamic theology) Task Force that I convened in Istanbul in February 2015, chaired by Prof. Ekmeleddin Ihsanoglu, by the grace of God.  The Task Force report will be published in a few weeks, God-willing.

This reminded me that we had not sufficiently circulated the presentations from our “Islam & Science” workshop in London from 2013, some of which the current Task Force builds on.  So, here are the presentations from that workshop, as well as the final report. These should be of interest to anyone interested in cutting-edge discussions about Islam and science, religion and science, etc. University students should find these presentations a useful resource, especially for their own dissertations and theses. Enjoy!

front page of Islam Science Workshop

1- Ibn Sina – Ehsan Masood

2- Science and Religion – Jean Staune

3- Islam and Modern Science – Nidhal Guessoum: slides unavailable, but you may view a similar lecture with similar slides here (Faraday Institute, University of Cambridge)

4- 1001 Inventions Exhibition – Yasmin Khan

5- Science Policy and Politics in the Islamic World – Athar Osama

6- Theories of Evolution – Jean Staune

6a- Lying in the Name of God – Jean Staune

7- Evolution and Islam – Nidhal Guessoum: slides unavailable, but you may read one of his articles on the topic here

8- Islam and the Theory-Fact of Evolution – Usama Hasan

9- Islamic Cosmology – Bruno Guiderdoni

10- Islam Science Ethics – Usama Hasan

Islam and Science Workshop 2013 – Final Report

 

A FATWA ON ZAKAT AL-FITR AND FOOD BANKS IN THE UK

July 16, 2015

WITH THE NAME OF GOD, MOST GRACIOUS, MOST MERCIFUL

A FATWA ON ZAKAT AL-FITR (“FAST-BREAKING ALMS-GIVING” AT THE END OF RAMADAN) & FOOD BANKS IN THE UK

(Please click here for a PDF of this fatwa: Zakat al-Fitr and food banks)

All Praise be to God, Lord of the Worlds.  Peace and Blessings of God be upon His Noble Messengers.

  1. The “fast-breaking alms-giving” (zakat al-fitr or sadaqat al-fitr) is a confirmed Islamic tradition at the end of Ramadan, of donating food (in the form of staple foodstuffs) to poor people before Eid prayer in the morning of the day of Eid. The majority of jurists hold that zakat al-fitr is compulsory (fard), whilst a minority hold that it is a highly-recommended tradition (sunna); a small minority even argued that it was abrogated by the full obligation of zakat.
  2. Any charitable donation may be sent abroad. However, it is a basic Islamic principle, in common with other religions, that “Charity begins at home,” or as the Prophet Muhammad, peace be upon him, expressed it repeatedly, “Begin with your dependants.” (ibda’ bi man ta’ul, a sound hadith with several narrations)  Thus, it is recommended for Muslims in Britain to distribute their zakat al-fitr offerings locally.  Furthermore, God and His Prophets repeatedly recommend the rights of neighbours: regarding food, the Prophet Muhammad, peace be upon him, emphatically taught, “By God, they are not trustworthy believers: those who spend the night with stomachs full whilst their neighbours go hungry!”
  3. Zakat al-fitr is usually given as food items; the Hanafi jurists allowed the giving of cash, but this was with the intention that the poor recipients may use the cash to buy food or other essential items. Therefore, it remains an option to donate zakat al-fitr as either food items or cash.
  4. The amount of zakat al-fitr payable is, per wealthy Muslim head (adult or child), traditionally equal to one saa’ (approximately 3 litres in volume[1]) of the staple food item, or possibly half of one saa’ (approximately 1.5 litres) for more expensive foodstuffs.[2] One saa’ equates to the following approximate weight of common UK staple foods: rice 2.5kg, flour 2kg, pasta 1kg, porridge (porage) oats 1kg; by comparison, one sa’ of dates (not a UK staple food) weighs approximately 2kg.[3]
  5. The retail prices of the above items imply that UK zakat al-fitr is approximately £3-£5 per person. Some jurists recommend, to be safe, giving 3kg of staple food, which would be more than one saa’ in the vast majority of cases of staple food.
  6. Alternatively, the zakat al-fitr amount was traditionally understood to be the equivalent of food for one or two meals, each meal consisting of one or two mudds (one saa’ = four mudds). Since an average, filling meal costs roughly £2.50-5.00 in the UK currently, this approach gives us a similar answer, i.e. zakat al-fitr at £2.50-5.00 or £5-10.
  7. Traditionally, zakat al-fitr was mostly given to poor Muslims: most jurists held that poor people who were not Muslim were not eligible to receive zakat al-fitr, since both poverty and Islam were conditions for recipients. But Imam Abu Hanifa and others held that poor dhimmis (non-Muslim People of Scripture, protected by Muslim authorities) were eligible to receive it, since poverty was the only condition for recipients.
  8. Since the category of dhimmis was abolished by the Ottoman caliph in 1856 in favour of equal citizenship (muwatana) irrespective of faith or religion, and since Muslims comprise only 4-5% of the population of Britain where all citizens are equal, zakat al-fitr in the UK may simply go to poor people, irrespective of their religion, faith or belief (or lack thereof).
  9. With up to a million annual estimated uses of food banks by people in the UK to complement their situation of poverty, an obvious way for Muslims to distribute their zakat al-fitr locally is via their local food banks. Since the recipients do not have to be Muslim, based on the view of Imam Abu Hanifa, this should pose no problem religiously.  Food banks based in areas of the UK with Muslim-majority populations, or those run by mosques, are likely to have recipients who are mainly Muslim.
  10. Suggestions for the staple foodstuffs of people in the UK include, but are not limited to: bread, potatoes, rice, pasta, cereals, flour, couscous, etc. (Traditionally, zakat al-fitr has been given in solid staple foodstuffs, whereas for fidya and kaffara, bread was prominently given, accompanied by oil, fat, vinegar, meat, etc. – cf. Tafsir Ibn Kathir on Qur’an 5:89 & 5:95. Long-life milk and juice is in demand at UK foodbanks, and it is arguable that these liquids are also UK staple foods.)
  11. It is thus recommended for wealthy Muslims in the UK who wish to distribute their zakat al-fitr to do so either directly to needy families, else via their local food bank, else via cash to a local, national or international charity.
  12. May God accept and bless our worship during Ramadan, Eid and all year round, and guide us towards helping to eliminate poverty and unnecessary hunger.

(Sheikh Dr) Usama Hasan: London (UK), 29th Ramadan 1436 / 16th July 2015

APPENDIX: SOME BACKGROUND RESEARCH

 

  1. EXTRACTS FROM THE BOOK OF ZAKAT AL-FITR (“FAST-BREAKING ALMSGIVING”) by IBN RUSHD / AVERROES[4]

Its ruling: The majority of jurists hold that zakat al-fitr is compulsory (fard).

The ‘Iraqi jurists and some of the later Maliki ones hold that it is a recommended tradition (sunna).

Some said that it was abrogated by the obligation of zakat, based on the hadith of Qays bin Sa’d bin ‘Ubadah, who said, “The Messenger of God, may God bless him and grant him peace, used to order us to give it [zakat al-fitr] before the obligation of zakat was revealed.  When the verse of zakat was revealed, we were neither commanded to, nor forbidden from, giving it [zakat al-fitr], but we continue doing so.”[5]

 

When does zakat al-fitr become obligatory?

Abu Hanifa and Malik via Ibn al-Qasim: At dawn on the day of Eid al-Fitr.

Shafi’i and Malik via Ashhab: At sunset on the last day of Ramadan.

Thus, for a newborn baby between these two times, there is disagreement as to whether or not zakat al-fitr is due on his/her behalf.

 

Recipients

Poor Muslims may receive it, by consensus (ijma’).

As for poor dhimmis [protected non-Muslims], most of the jurists say that they may not receive it. Imam Abu Hanifa said that they may receive it. Some said that only monks amongst dhimmis may receive it.

 

 

  1. EXTRACT FROM FATH AL-BARI, IBN HAJAR AL-‘ASQALANI’S COMMENTARY ON SAHIH AL-BUKHARI, CHAPTERS ON SADAQAH AL-FITR, HADITHS NOS. 1503-1512 (translations of these hadiths widely available)

http://hadith.al-islam.com/Page.aspx?pageid=192&TOCID=965&BookID=33&PID=2783

Ja’far al-Firyabi narrated in his Kitab Sadaqat al-Fitr (Book of Fast-Breaking Almsgiving) that when Ibn ‘Abbas was the governor of Basra, he ordered the giving of zakat al-fitr: a saa’ of dates etc. or half a saa’ of wheat. When ‘Ali came and saw the cheap prices, he commanded that a saa’ measure be used for all foodstuffs, indicating that he considered the value of the food, whilst Abu Sa’id considered the volume of the food.

ويدل على أنهم لحظوا ذلك ما روى جعفر الفريابي في ” كتاب صدقة الفطر ” أنابن عباس لما كان أمير البصرة أمرهم بإخراج زكاة الفطر وبين لهم أنها صاع من تمر ، إلى أن قال : أو نصف صاع من بر . قال : فلما جاء علي ورأى رخص أسعارهم قال : اجعلوها صاعا من كل ، فدل على أنه كان ينظر إلى القيمة في ذلك ، ونظرأبو سعيد إلى الكيل كما سيأتي .

 

  1. ABOUT UK FOOD BANKS

In the UK, the Trussell Trust (http://www.trusselltrust.org/) runs a network of foodbanks, although there are many other independent foodbanks and collection points run by churches, mosques, synagogues, temples, community centres, etc.  Trussell can help community and faith organisations to begin a foodbank, and also have a partnership with Tesco, such that every Tesco store is potentially a foodbank collection point.  Many foodbanks distribute food parcels to the needy on one day each week.

Trussell’s recommended items for foodbanks, based on http://www.trusselltrust.org/resources/documents/foodbank/website-shopping-list.pdf and variations in printed leaflets from Trussell:

  • Milk (long-life/UHT or powdered)
  • Sugar
  • Fruit Juice (long-life or carton)
  • Soup / Hot Chocolate
  • Pasta Sauces
  • Sponge Pudding (tinned)
  • Cereals
  • Rice pudding / Custard
  • Tea Bags / Instant Coffee
  • Instant Mashed Potato
  • Rice / Pasta
  • Tinned Meat / Fish
  • Tinned Fruit, incl. tomatoes
  • Jam
  • Biscuits or Snack Bars
  1. APPROXIMATE WEIGHT (MASS) OF ONE SAA’ (THREE LITRES) OF VARIOUS FOODSTUFFS, THE RECOMMENDED AMOUNT OF ZAKAT AL-FITR TO BE GIVEN PER PERSON

This is based on simple measuring out and weighing using a measuring container and scales found in an average kitchen, by the author on the date of the fatwa. (This is a fun, instructive and educational activity for adults and children towards a religious, humanitarian objective.)

  • Rice 2.4kg
  • Flour (medium chapatti) 1.8kg
  • Dates (sticky Saudi ones) 2.1kg
  • Pasta (white fusilli) 1.0kg
  • Porridge / porage oats (Scott’s) 1.1kg
  • Corn Flakes (Kellogg’s) 480g
  • Crunchy Nut Corn Flakes (Kellogg’s) 600g
  • Cheerios (Nestle) 360g

 

  1. EXAMPLE OF DIY ZAKAT AL-FITR IN ACTION IN THE UK

On this date, the author and his wife are blessed with four children, so the following foodstuffs, all in 500g packets, were bought from a local supermarket and delivered to a local foodbank collection point, by the grace of God:

Rice 5kg

Pasta 3kg

Porridge oats 2.5kg

Total cost: £20, working out at just under £3.50 per head for a family of six

May Allah (God) accept and bless our Ramadan and Eid!

FOOTNOTES / REFERENCES

[1] Cf. http://www.bakkah.net/en/zakat-fitr-measurements-saa-three-litres-mudd.htm

[2] Cf. Sahih al-Bukhari, Book of Zakat, Chapters on Sadaqat al-Fitr, Hadiths nos. 1503-1512

[3] Note that 3 litres of water weigh exactly 3kg, so this implies that all these foods are less dense (“lighter”) than water. In fact, they are denser than water but the air trapped between the food particles means that 3 litres of food generally weighs less than 3 litres of water (3kg).

[4] Extracted from: Ibn Rushd al-Qurtubi al-Andalusi [Averroes], Bidayat al-Mujtahid [The Distinguished Jurist’s Primer], Dar al-Kutub al-‘Ilmiyyah, Beirut, 1418/1997, vol. 1, pp. 413-420; a full English translation of this work is available, by Prof. Imran Ahsan Khan Nyazee

[5] Nasa’i, Ibn Majah, Hakim & Bayhaqi

Some thoughts on the Tunisia massacre, including why it is absurd to link an attack against a Muslim-majority state to Islam

July 1, 2015

Bismillah.

I would like to express my thoughts and prayers for the victims of the Sousse massacre, about 30 of whom are British citizens.

This was a monstrous attack, accompanied by a disgusting statement of justification (see previous blog post). The Imperial Hotel was hardly a “den of prostitution, vice and unbelief” – it was a legitimate holiday destination authorised by the state of “Muslim Tunisia” (to use ISIL’s own phrase). Rezgui is not a gallant knight, but a coward who attacked unarmed men and women holidaying with their families and friends, often with little children, some of whom are now traumatised and emotionally scarred.  Many of the victims were old enough to be the killer’s parents or grandparents, but he still showed them no mercy during his attention-seeking, narcissistic rampage.  “Look at me!  I am a deluded, wannabe holy warrior!”

The previous week, another deluded young man massacred nine African-Americans in a church in Charleston.  Some of the victims’ families have already forgiven the killer.  I hope that at least some of the British victims’ families will find it in their hearts to forgive the Tunisia killer, although that is of course easier to say than do, and it will be a painful internal journey for all the survivors and relatives – life is a constant journey, outwardly and inwardly, of course.

We are just days away from the 10th anniversary of the Al-Qaeda-inspired terrorist attacks in London on 7 July 1995. The ringleader of that attack claimed it was on behalf of “his people,” i.e. the people of Iraq, even though he had never set foot in that country. British Muslims should all stand in solidarity with the victims of 7/7 and of the Sousse massacre, and make it clear in no uncertain terms to the members, supporters, sympathisers and apologists of Al-Qaeda and ISIL everywhere, that include hundreds of deluded Brits, that the British people are “our people,” as are the vast majority of decent, civilised people everywhere. And all British people should come together against the horror and barbarism being perpetrated by ISIL and similar groups worldwide.

The terrorist mass-murderer, Seifeddine Rezgui, was clearly a loser who became a monster. The attacker’s title al-Qayrawani is carefully chosen: it claims that he is from Qayrawan or a graduate of it, an ancient Islamic city in Tunisia, and site of one of the oldest mosques and universities in the world. Hence the symbolism: a holy warrior, steeped in prayer and learning, slaughtering the Crusaders to protect them from “Muslim Tunisia.” This illustrates the utterly delusional, fantasy world of ISIL, although unfortunately, given the right conditions, there are millions of people seduced by this stupid and monstrous, ahistorical narrative. In reality, “Muslim Tunisia, a 99% Muslim-majority country, has an overwhelmingly secular constitution, approved by a coalition of post-Islamists and Muslim secularists, and this “Muslim Tunisia” is an enemy of ISIL, committed to protecting itself and its economy from being ravaged by ISIL madmen. Rezgui was clearly, utterly ignorant of the centuries-old ethical tradition of Islam, including in regard to warfare, never mind somehow being al-Qayrawani, or a graduate of Qayrawan, one of the oldest universities and centres of learning in the entire world.

Muslim Tunisian hotel workers saved the lives of their holiday-maker guests at the Imperial hotel. Muslim Tunisian doctors and nurses, including veiled and unveiled women, saved lives and treated the injured in the hospitals of Sousse. Crowds of Muslim Tunisians chased the ISIL fanatic, putting themselves in great danger, and some of them threw rubble at him from rooftops. It was Muslim Tunisian security forces and snipers who finally shot him dead, cutting short his rampage and saving many more lives. Since the massacre, crowds of Muslim Tunisians have rallied in protest against the massacre, carrying Tunisian and British flags, making heart signs in solidarity with the victims, and holding candlelit vigils in their memory.

This reality destroys the fiction entertained by both Muslim extremists and anti-Muslim bigots, that somehow Rezgui represents Islam or Muslims in any meaningful sense. It also illustrates the absurdity of linking this terrorism, overwhelmingly rejected by a 99% Muslim nation on the basis of their faith, to that faith itself.  Similar logic applied when terrorists murdered Muslim schoolteachers and schoolchildren last year in Peshawar, Pakistan, a 95% Muslim-majority country.  Just as no serious Brit associated IRA terrorism with Christianity, knowing the sublime ideals of that religion, no serious Muslim has any doubt about the disgusting, filthy nature of takfiri terrorism.  It is only to people outside the faith, often swayed by ignorance, fear and/or prejudice, that such questions are unclear. Westerners associating ISIL with Islam is equivalent to Easterners associating Breivik, with his symbols of the cross and crusade, with Christianity.  Neither position makes any meaningful sense.

Tunisia has produced the most ISIL foreign fighters ‎because of the relative success of the democratic process there: takfiris go abroad to live out their fantasies. In neighbouring Libya, the civil war provides ample opportunities for takfiri violence.

Thus, Muslim Tunisia has embraced democracy and secularism as antidotes to both dictatorship and islamism. This ISIL attack is a pathetic, cowardly attempt by childish, attention-seeking islamists to stop the consensus of the good people of Tunisia in favour of liberty, democracy and religiously-neutral secularism: the separation of mosque and state, a principle praised by one of the leading Sunni Muslim theologians of our time, Sheikh Abdullah bin Bayyah, in his Sina’at al-Fatwa as far back as 1428 / 2007.  A full translation of his arguments may be found in my essay, From Dhimmitude to Democracy, available elsewhere.

I end with my translation of a few selected phrases from the new Tunisian constitution (2014) that illustrates this “Islamic civil secular democracy”: for study, discussion and analysis. Note that this constitution has been endorsed by (the party of) Sheikh Rachid al-Ghannouchi [Rashid al-Ghannoushi], who has a Muslim Brotherhood background, but is effectively post-islamist:

Tunisia is a free, independent, sovereign state …

Islam is its religion. Arabic is its language. Democracy is its system …

It is a civil state, based on citizenship, the will of the people & the primacy of the law …

The people are sovereign, and are the source of authority, which they practise via elected representatives …

State slogans are: freedom, dignity, integrity, order. [hurriya, karama, ‘adala, nizam – all of which are maqasid or universal objectives of the ethical and legal tradition of Islam known as Sharia]

And because ISIL and their apologists do not believe in freedom, dignity, integrity and order, and have effectively lost the intellectual argument about the future of Islam, they will continue threatening their childish attacks and terrible violence whilst throwing a massive, global tantrum. And they will lose, because this madness is unsustainable in the face of the millions of decent, civilised people who will continue to stand strong for truth, justice, mercy and beauty, all of which are reflections of the Names of God, and will therefore always attract Divine help, intrinsically and extrinsically.

The coward of the caliphate

July 1, 2015

Bismillah al-Rahman al-Rahim [With the Name of God, All-Merciful, Most Merciful]

[MUSLIM TUNISIA – LOGO]

BREAKING NEWS: Tens of innocent holiday-makers, supporting the economy of Muslim Tunisia and the livelihoods of Tunisian Muslims, killed and injured in a cowardly attack in the city of Sousse in Muslim Tunisia

9 Ramadan 1436 [26 June 2015]

In a cowardly attack, which God facilitated Muslim members of the local security services to cut short and save many innocent lives, a coward of the so-called caliphate, the loser Abu Yahya, calling himself al-Qayrawani, as though he was steeped in prayer and learning at one of the world’s most ancient mosques and universities, although neither was the case, launched an inhuman attack upon Muslim-owned resorts where innocent, guest civilians were enjoying their summer holidays, supporting the economy of Muslim Tunisia and the livelihoods of Tunisian Muslims, and benefiting from traditional Muslim hospitality in the city of Sousse. Taking advantage of soft targets on the al-Qantawi beach: men, women and children, including families and the elderly, our deluded brother was unfortunately able to reach the Imperial Hotel. Rather than attempting to share the beautiful teachings of mercy, compassion and kindness of the Noble Qur’an and the Holy Prophet, a mercy to the worlds, Abu Yahya mercilessly killed nearly forty people aged 19 to 80 in cold blood and injured just as many, leaving little children psychologically and emotionally traumatised. Most of them were nationals of western democracies where millions of Muslims enjoy unparalleled freedom and prosperity as equal citizens, including the freedom to practise their faith and criticise their governments. This was a painful blow and a message dyed with blood to the 99% Muslim Tunisia and their civilised friends of all faiths and humanistic philosophies, from a small band of people devoid of true faith, understanding, compassion or humanity. Civilised people should seek God’s refuge and protection against more sad news in the coming days, by the permission of God, for in Muslim Tunisia, there are hate-filled, ruthless and raging madmen who do not sleep on the absurd grievances taught to them by their tours of qital [fighting for the sake of fighting, devoid of ethics and humanity] in Iraq, Syria, Libya and elsewhere. We ask God to accept the innocent victims amongst the ranks of the martyrs, and make from their blood a ray of light to illuminate the path of noble and courageous people everywhere. We ask God to envelop the innocent victims in His Mercy and Compassion, and to deal with their murderer with His Infinite Justice. [END]

The caption under the photo of Seifeddine Rezgui that is being circulated online reads, The coward of the so-called caliphate Abu Yahya (may God deal with him harshly), the loser who carried out the attack on Muslim Tunisia, murdering people from the same western nations that taught him to enjoy break-dancing and the football of Real Madrid

 

Make sense?  Now read the pathetic and monstrous original:

[ISLAMIC STATE TUNISIA – LOGO]

BREAKING NEWS: Tens of Crusader coalition nationals killed and injured in unique raid in the city of Sousse in Muslim Tunisia

9 Ramadan 1436 [26 June 2015]

In a unique raid, for which God facilitated the causes of success, a soldier of the Caliphate, the gallant knight Abu Yahya al-Qayrawani, launched an attack upon the filthy dens where prostitution, vice and disbelief in God are bred in the city of Sousse. In spite of the stringent security protecting these target dens on the al-Qantawi beach, our brother was able to reach the target in the Imperial Hotel. God enabled him to defy the infidels with a great defiance, killing nearly forty and injuring just as many. Most of them were nationals of states of the Crusader coalition that wages war on the state of the Caliphate. This was a painful blow and a message dyed with blood to the apostates in Tunisia and those behind them, their masters in the Crusader alliance. They should brace themselves for good news that will sadden them in the coming days, by the permission of God, for in Muslim Tunisia, there are gallant men who do not sleep on the grievances taught to them by their tours of jihad in Iraq, Syria, Libya and elsewhere. We ask God to accept our brother amongst the ranks of the martyrs, and make from his blood a ray of light to illuminate the path of monotheists everywhere. [END]

The caption under the photo of Seifeddine Rezgui that is being circulated online reads, The soldier of the Caliphate Abu Yahya al-Qayrawani (may God accept him), the knight who carried out the raid in Muslim Tunisia.

ISIL on Tunisia hotel attack 2015

 

Read both visions and narratives for the world, and make up your mind.  Choose the right one, and share it with others! As Muslims, including British Muslims, we need to challenge extremist and murderous rhetoric robustly whenever it appears, dismantling its arguments so that we do not leave a shred of doubt for impressionable people.  May God guide us to help heal humanity’s self-inflicted wounds, and not deepen them further.

Usama Hasan

London, 14 Ramadan 1436 / 1 July 2015

INNER AND OUTER ASPECTS OF ISLAMIC RITUAL PRAYER (SALAT)

June 26, 2015

Bismillah. This is about some of the beautiful symbolism and meaning behind the salat or ritual prayer, one of the five pillars of Islam and to be performed at least five times a day.  When the salat is reduced to pure ritual without any understanding of the Arabic words or of the symbolism of the actions, many inward and outward problems arise, God forbid!  But the salat is the believer’s daily ascension (mi’raj) and communion with God: it is up to us to deepen this daily experience of ours. It is the Muslim’s daily practice of mindfulness, meditation and remembrance, to develop a deep wellspring of love, faith and humility to equip us for life’s individual, social and political challenges. May God continue to bless our journeys!

All italicised phrases are from the Qur’an and Sunna; references are omitted for ease of reading and clarity: this is not an academic article, but an attempt to elucidate certain indications and symbols, with the hope of helping people on their own journeys.

With the Name of God, All-Merciful, Most Merciful

INNER AND OUTER ASPECTS OF ISLAMIC RITUAL PRAYER (SALAT)

  1. Prayer times: Time is sacred (God says, I am Time); we offer each prayer within its time in order to share in the sacredness of every part of the day and night, and to give thanks for that portion of sacred time.
  2. Washing (ablutions) before prayer: we cleanse our limbs and hearts of wrongdoing.
  3. Ablutions are nullified by toilet or sexual acts: these represent our basic animal natures, so we wash again to symbolise recovering our angelic natures in order to stand before God.
  4. Facing Mecca: The Ka’bah, as the House of God, symbolises the heart, which is also the House of God. Whilst facing Mecca outwardly, we turn inwardly to face the home of God at the centre and core of our being. So turn your face towards the Sacred Mosque!
  5. Standing in straight rows: we are in fellowship, equal before God, and imitating the ranks of the angels. The hearts of the people of Paradise beat as one … By Those Who Stand in Ranks!
  6. Raising the hands at the beginning of the prayer: symbolises the “lifting of the veil” between us and God. In prayer, we are talking directly to our Lord.
  7. Standing before God in prayer: facing up to life as a journey to God; a foretaste and preparation for standing before God on Judgment Day.
  8. Keeping the eyes open, rather than closed, in prayer: do not be veiled by multiplicity from Unity, nor by Unity from multiplicity.
  9. Lowering the head and looking at the ground (if practised): humility before God.
  10. Keeping the chin up and looking straight ahead towards Mecca (if practised): facing life, and one’s inward reality, directly.
  11. Folding the arms across the body (if practised): the servant’s pose before the Master.
  12. Reciting the Opening Chapter of the Qur’an (Surat al-Fatiha): we are sharing in a communion with God. God says, I have divided the prayer between Me and My servant …
  13. Praise be to God, Lord of the Worlds; All-Merciful, Most Merciful; Master and King of the Day of Judgment: God says, These belong to Me, as our glorification is of God.
  14. You alone we worship; You alone we ask for help: God says, This is (shared) between Me and My servant; the God-human relationship.
  15. Guide us to the Straight Path; the path of those whom You have favoured, who neither receive (Your) anger nor stray: God says, These belong to My servant, and My servant shall have whatever he or she requests.
  16. Reciting further from the Qur’an: the remembrance of God continues; God and the angels bear witness to it. Truly, the recitation at dawn was witnessed.
  17. Bowing: humility before God; bearing life’s hardships, followed by standing tall again.
  18. Prostration, with forehead, nose, hands, knees and feet pressed to the ground: ultimate humility before God; one is closest to God in this posture, which is outwardly humiliation, inwardly elevation; our hearts are higher than our brains, whilst the rest of the time, our brains are higher than our hearts; Pray hard, for your prayers are most likely to be accepted in this position; death.
  19. The second prostration, after a brief sitting: the second death, at the blowing of the Horn. Our Lord! You caused us to die twice, and to live twice …
  20. In prayer, do not sit like a dog, peck like a cockerel or squat like a monkey: throughout prayer, we must rise above our animal natures and try to inhabit our angelic natures.
  21. Standing, bowing, prostration: the body forms the Arabic letters Alif (A), Dal (D) and Mim (M) respectively, hence spelling Adam during the prayer; we are seeking our original Paradisal, primordial humanity before the Fall through our communion with God.

    [In Hebrew and Arabic, the Aleph/Alif (A) also signifies the number 1, so “Adam” is identical to “1 dam” meaning “one blood”: humanity is united; we have different skin colours, but we bleed the same colour. Red blood cells have no DNA (although white ones do), so in a sense blood represents our common humanity – much of it does not have our unique, genetic fingerprints that are found in every other of the trillions of cells of our body.]

  22. Standing, bowing, prostration: the body forms a straight line, right angle and (semi-)circle respectively, the bases of all geometry and form; we are signifying that we are at one with Nature and its beautiful forms. God is Beautiful, and loves Beauty.
  23. Sitting in remembrance of God at the end of the prayer: a foretaste of the eternal rest in Paradise.
  24. The prayer ends with the greeting of peace (salam): Their greeting on the Day they meet Him is Peace; Their greeting there (in the Garden) is Peace; they hear no vain or sinful talk, only the words, Peace, Peace!

Usama Hasan

London, Ramadan 1436 / June 2015

Abortion – Rulings in Islamic Jurisprudence and Muslim-majority countries

October 23, 2014

Bismillah.  Here is a translation I put together for my presentation at the International Summer School on Science and Religion, Paris, August 2014.

The discussion is interesting because these Sharia scholars refer to the modern science of embryology in their discussion, although there are one or two minor errors in the scientific references.  The traditional juristic positions are based on Qur’an/Hadith, so abortion is prohibited after 0, 40 or 120 days, with some exceptions.  Thus the hadiths are not conclusive.  But the science is not conclusive either as to “beginning of life”: people make a case for 0 days (conception), 40 days (foetal brain activity) or 120 days (development of major organs).  Note that the latter two views are relevant to “end of life” discussions also, i.e. brain-death vs. organ-death.  In the end, this is a complex ethical problem with medical and religious input: the material provided below is intended to educate, clarify and provoke thought and debate around this difficult topic.

Rulings on Abortion – Islamic Jurisprudence (PDF)

Abortion laws in OIC countries – summary (PDF with UK, US & France for comparison; the 7 most common justifications for abortion in legal systems around the world are interesting, according to the UN; research by Sofia Patel)

[Update 26/10/2014:]

Here are some suggested study/discussion questions:

1. What does Islamic tradition say about the beginning of life? (0 days = conception; 40-49 days = 6-7 weeks; 120 days = 4 months = 17 weeks 1 day)

2. Are the hadiths about ensoulment after 40 or 120 days related to Aristotle’s view (40 days for boys; 80 days for girls) ?  Do these have a common origin (e.g. divine revelation), or did Greek ideas influence the transmission of some hadiths?

3. Is Ibn al-Qayyim’s comparison of pre-ensoulment foetal life to plant life valid? Is this related to the Ikhwan al-Safa’s theory about mineral/plant/animal/human soul, all derived from the Cosmic Spirit?

4. Is abortion ever justifiable in Islam?  If so, under what conditions?

5. How far are the 7 international legal justifications for abortion, listed by the UN, compatible with the holistic, universal objectives of Islamic law (maqasid al-sharia) ?

6. Islamic jurists often speak about the danger to a mother’s life or health in discussions about abortion.  Are considerations of a mother’s mental health also relevant or included in such discussions?

7. Are there are any other considerations regarding the welfare (maslaha) of mother and foetus/child, consistent with the letter and spirit of Islamic law, that should be taken into account in such discussions?

With the Name of God, All-Merciful, Most Merciful

 

ABORTION, STAGES OF THE EMBRYO AND THE BEGINNING OF LIFE

 

Summarised from: Dr. Ali Muhyi l-Din al-Qarahdaghi & Dr. Ali Yusuf al-Muhammadi, Fiqh al-Qadaya al-Tibbiyyah al-Mu’asirah (Jurisprudence of Contemporary Medical Issues), Dar al-Basha’ir al-Islamiyyah, Beirut, 1426/2005, pp. 428-451

 

Summary and translation by Dr. Usama Hasan

August 2014

 

 

Contents

 

1        A General Ruling on Abortion. 2

 

2        Specific Rulings on Abortion, related to the Stages of the Embryo. 2

 

2.1        The “mixed fluid” stage (al-nutfah al-amshaj): days 0-8. 3

2.2        The “clinging” stage (al-‘alaqah): days 9-22/23. 3

2.3        The “chewed lump” stage (al-mudghah): days 23/24-42, i.e. up to 6 weeks. 3

2.4        The stage of the creation of bones, and the clothing of them with flesh. 4

2.5        When is the spirit breathed in? [ensoulment] 4

2.6        [The view of modern science] 5

2.7        Our view.. 5

 

3        Rulings on Abortion. 7

 

3.1        [Fatwa of the Islamic Fiqh Academy] 8

3.2        [Resolution of the Islamic Organisation for Medical Sciences] 8

3.3        Views of past jurists about abortion. 8

3.4        [Discussion] 9

3.4.1        [Abortion is prohibited in general, as per Ghazzali’s view] 9

3.4.2        [Ibn Taymiyyah’s view] 10

3.5        Summarised Juristic Rulings Related to Foetuses. 10

3.6        The Ruling on Abortion due to Deformities. 11

 

 


1. A General Ruling on Abortion

Abortion is, in general, haram (morally and legally prohibited and sinful) unless out of necessity due to the mother’s life: abortion is allowed if the mother’s life is in danger, or if she is in danger of great and severe harm.

 

This is indicated by all the Qur’anic verses that prohibit transgression on any person’s life in any stage of life, e.g. Whoever kills one person … it is as though he has killed all people;[1] Do not kill your children due to poverty: we sustain you and them;[2] Do not kill your children due to fear of poverty: we sustain them and you.[3]

 

As for abortion being allowed to save the mother’s life, this is from the evidence indicating that the foetus owes its existence to the mother so it cannot cause her death; also, her life is real and stable, and is therefore preferred over the foetus’ life that is not certain. This falls under repelling a greater harm by tolerating a lesser harm.[4]

 

2. Specific Rulings on Abortion, related to the Stages of the Embryo 

The specific ruling on abortion is connected to the stages of the embryo, from the fertilisation of ovum by sperm to the breathing of the spirit into it and the completion of these stages.

 

The Qur’an mentions that the human was created from dust that turned to dry clay. Clay includes various minerals such as iron, phosphorus, calcium, copper, etc. It also has subtle plant-like and animal-like structures. God created Adam from this clay, and from Adam He created Eve. Then natural reproduction continued with the mixing of the man’s semen and the woman’s ovum, each one of them contributing 23 chromosomes to the genetic code. God calls this the “mixed fluid.”[5] This is the basis of the creation of humans, except for the miraculous creation of Jesus, peace be upon him.[6]

 

The stages of the embryo, [that give rise to] the ruling on abortion at each stage, are as follows:

 

2.1    The “mixed fluid” stage (al-nutfah al-amshaj)[7]: days 0-8

 

This is the fertilisation of the ovum by sperm, and may be done artificially outside the womb. The fertilised cell divides, becoming 16 cells after about 4 days. These settle in what the Qur’an calls a “safe place,” i.e. the womb: Then We made him a drop of fluid in a safe place.[8]

 

2.2    The “clinging” stage (al-‘alaqah): days 9-22/23

 

God described this stage with “creation”[9] whereas the previous stage was described as “making,” indicating that this stage has characteristics and changes that make it deserving of such a label.[10]

 

The ‘alaqah linguistically relates to “clinging,” i.e. to the womb wall. The group of cells that developed by division from a single one are composed essentially of a nucleus and cytoplasm, having no limbs or other distinguishing structures of a human body, but they suck their necessary sustenance and oxygen inside the womb from the structures and fluids around them.[11] This stage lasts 2 weeks.

 

2.3    The “chewed lump” stage (al-mudghah): days 23/24-42, i.e. up to 6 weeks

 

This stage is so named[12] because the embryo looks like it has been chewed by a human mouth. During this stage, the heart cavity forms, as do the reproductive organs. The small umbilical cord, which grows as the foetus develops, transports the necessary sustenance and oxygen to the foetus from the mother and its waste products in the other direction.

 

All the stages, up to and including this one, end around 40-42 days, as stated by specialist doctors and embryologists. Around 42 days, a new stage of development begins, when the embryo begins to take the form of a human being with all its apparatus, following which the stage of a new creation beings after the breathing of the spirit: We clothed the bones with flesh, then We began a new creation – so Blessed is God, the Best of Creators![13]

 

Scientific instruments and investigation, as well as imaging of the foetus inside the womb, have all shown us that the foetus takes the form of a human after the sixth week, i.e. after about 42 days of pregnancy,[14] and this is also indicated by the hadith of Sahih Muslim (see below).

 

2.4    The stage of the creation of bones, and the clothing of them with flesh

 

The skeleton begins to become apparent after 40 days. Its initial centres of development are the jaw and collar-bone, followed by the thigh and shin.

 

2.5    When is the spirit breathed in? [ensoulment]

 

[Canonical hadiths speak of three stages of creation of the foetus, each lasting 40 days, after which there is ensoulment. However, the hadiths are slightly ambiguous as to whether these three stages are consecutive or parallel. Respectively, these two interpretational possibilities imply ensoulment after 120 days or 40 days, and traditional authorities are indeed divided into two camps about this. Interestingly, Aristotle taught that ensoulment for boys and girls occurred after 40 days and 80 days, respectively. – Translator’s note]

 

All the stages, up to and including this one, end around 40-42 days, as stated by specialist doctors and embryologists. Around 40-42 days, a new stage of development begins, when the embryo begins to take the form of a human being with all its apparatus, following which the stage of a new creation beings after the breathing of the spirit. The foetus takes the form of a tiny human after the sixth week, i.e. after about 42 days of pregnancy. This is also indicated by the various narrations of Sahih Muslim that mention the basic creation of a person in their mother’s womb taking 40, 42 or 45 days and nights. One narration mentions “40 plus a few nights.”[15]

 

Hafiz Ibn Hajar says, “Once the fluid remains in the womb for 40 days or nights, God gives permission for its [full] creation … this is when the angel descends upon it … The narrations of the hadith of Ibn Mas’ud agree on 40 days; the hadith of Anas does not mention any timing; the narrations of Hudhayfah’s hadith differ: some of them mention 40, others 42, 43, 45 or ‘40 plus a few’.”[16]

 

The scholars reconcile these narrations by saying that they may differ according to individual embryos; according to Qadi ‘Iyad, the narrations mean that the following stages occur at the beginning of the second period of 40 days, i.e. days 41-80.[17]

 

2.6    [The view of modern science]

 

In modern embryology, this period of days 40-49 is when the embryo becomes a foetus, and when ultrasound is able to detect the beating heart. The bone skeleton also begins to appear.[18] Hence, these narrations do not contradict.

 

Modern science also indicates that the initial creation (Stages 1-3) is completed in the first 40-odd days. However, one hadith in Bukhari and Muslim appears that to say that each of Stages 1-3 takes 40 days, after which the spirit is breathed in, i.e. after four months or 120 days.[19]

 

However, if we analyse this hadith carefully, we find it does not unequivocally indicate the meaning that the previous people of knowledge understood. In fact, its beginning agrees with the others hadiths of Sahih Muslim which say that all three stages are completed within the first 40-odd days. The word thumma can mean “then” for consecutive stages or “moreover” for simultaneous stages. “With such interpretations,” says the leading authority Dr. Muhammad Salam Madhkur, “the hadith agrees with modern medicine.”[20]

 

2.7    Our view

 

There are three major stages, based on our understanding of the hadith of Ibn Mas’ud in Bukhari:

 

  1. From the fertilised egg to the beginning of the small human form (0-40 days, roughly)
  2. Formation of a small human (40-120 days, roughly)
  3. Breathing of the spirit (ensoulment), i.e. 120 days onwards

 

Any intentional harm to the embryo is haram (prohibited) after 40 days.

 

In terms of life:

 

  1. 0-40 days – there is the lowest level of life, beginning with the developing cell life. Cell division leads to similar living cells that form a structure, but this does not reach the level of human life.
  2. Week 6: the foetus begins to take the form of a small human. Ultrasound detects its heart beating. Blood circulation begins to work. Major skeletal nodes appear.
  3. Week 7: Thigh and shin bones appear.
  4. Week 8: Upper and lower arm bones appear, as do weak, stretching movements.       However, this does not represent complex human life.
  5. End of Week 11- Week 12: the foetus enters a new, distinctive stage. Its brain is developed, its functions start: the beginning of a human entity emerges clearly, as follows. Movements develop from reflex reactions to complex, compound actions such as bending the back, raising the head, kicking the feet and moving the mouth and lips. Brain stem activity begins, sending electrical signals to the heart.       Periods of rest and stillness follow activity and movement: sleep and waking, sensation and shock, jump and play. Electrical signals appear that can be recorded and traced to the foetal brain, indicating surface brain activity.

 

However, the doctors say that the brain is not fully-formed in terms of its basic structure until the 4-month mark. Dr. Muhammad Ali Albar says, “At the end of the fourth month, the foetus can hear and make movements by its own will. Individual, personalised facial features appear. Do not all these indicate the breathing of the spirit?”

 

All this is the medical aspect of the issue, revealed by modern medicine and rare, modern instruments that monitor the development and movements of the embryo and foetus; none of these means were available in the past. If we analyse this modern knowledge and the hadiths on the subject, we find that there is no contradiction. In particular, only one hadith seems to mention three periods of 40 days; most of the narrations mention a total of 40, 42, 45 or 40-odd days.

 

Modern medicine does not speak about the spirit, which is mentioned in the hadith. Only God knows the nature and reality of this spirit.[21] The Messenger of God, peace be upon him, informed us that this spirit is breathed in after 120 days, so this must be affirmed.

 

Although bear in mind that only one narrator from Ibn Mas’ud, Zayd b. Wahb, mentioned the breathing of the spirit after 120 days; the rest of the narrators mentioned the writing of sustenance, lifetime and eventual misery or happiness, but did not mention the breathing of the spirit; neither did the other Companions who narrated the hadith: Ibn ‘Abbas mentioned it, but did not attribute it to the Prophet, peace be upon him.[22] It is possible to reconcile these two hadiths: the angel visits twice – once after 40 days to arrange the formation of the foetus and again after 120 days to breathe the spirit.[23] God knows best.

 

According to the doctors, life begins with a single cell but gradually develops into a full human life. The jurists draw the line (for full human life) at 120 days, which is when the spirit is breathed in. Similarly, all plants and animals enjoy life but do not benefit from the spirit of God that is breathed into humans, and on the basis of which the angels were commanded to prostrate to the human.[24]

 

The moment of breathing the spirit at 120 days is a matter of the unseen – humans and our medicine cannot know it, so we must accept it without interpretation or explanation, especially since it does not contradict modern science. After 120 days, the foetus is a complete human, deserving all that a human being enjoys after birth: respect, rights and the prohibition of harm against it.

 

Plant life has less power than animal life, which has less than human life. Animals may have more or less chromosomes: apes have more than other animals, whilst humans have the most at 46 chromosomes.[25]

 

Imam Ibn al-Qayyim mentions two types of embryonic life:

 

  • plant-like life before ensoulment, and
  • complete, human life after ensoulment.[26]

 

Foetal life after 40 days is complete in a material sense, just like complete animal life but more respected than the latter since it is in the fundamental human form. However, it lacks the divine breathing that bestows, and God knows best, the special human attributes such as knowledge, logical thinking, deduction and analysis as explained in the verses about the creation of Adam. God created Adam to settle in the world and civilise it and to be its steward, so He breathed His Spirit into him, taught him the Names. He gave him, along with knowledge and logical deduction, the capability to act. Along with intellect, He gave him choice and will. These higher attributes do not appear in the early stages of the foetus, but only after 120 days, e.g. voluntary movement etc.

 

3. Rulings on Abortion

It is undoubtedly haram (prohibited) to harm the embryo that is younger than 40 days. The prohibition becomes more severe after 40 days. The greatest prohibition occurs after 120 days, in which case killing the foetus would be like murdering an independent human being. These levels of prohibition are appropriate in Islam to describe the size of the crime and its effects.

 

3.1    [Fatwa of the Islamic Fiqh Academy]

 

The Islamic Fiqh Academy issued a ruling (no. 56-6/7) prohibiting abortion absolutely, and mandating medical techniques to save and protect the lives of embryos and foetuses. Furthermore, Ruling No. 113 (12/7) says in Clause 2 that, “The embryo has a right to life as soon as it is formed. It must not be harmed by abortion, or by any type of damage …”

 

3.2    [Resolution of the Islamic Organisation for Medical Sciences]

The Council on Conception, part of the Islamic Organisation for Medical Sciences, issued the following resolution: “The Council has considered contemporary medical, scientific realities explained by modern research and medical technology. It concluded that:

 

  • the foetus is alive from the beginning of pregnancy
  • its life is to be respected during all stages, and especially after ensoulment
  • transgression against the foetus by abortion is not permissible, except for an extreme medical necessity
  • some members disagreed, allowing abortion before 40 days, especially in case of a valid reason”[27]

 

3.3    Views of past jurists about abortion

 

  • The schools of jurisprudence in the past agreed that abortion was haram (prohibited) after 120 days.[28] Some of them even said that this was so when the mother’s life was in danger, e.g. Ibn ‘Abidin said, “If the foetus is alive, abortion is prohibited, since the mother’s death is hypothetical and it is not permissible to kill a human being on the basis of a whimsical matter.”[29] But if her death is certain or very likely, not simply hypothetical, then her life is to be given precedence over the foetus’, which may be aborted.
  • As for before ensoulment, most jurists regard abortion as prohibited (haram) also, unless it is to safeguard the mother. This is the view of the Malikis and Ibadis, the dominant view of the Hanafis and Shafi’is, one view of the Hanbalis and the apparent view of the Zahiris.[30] Some of the Hanafis, Shafi’is, Malikis and Hanbalis allowed abortion before ensoulment[31], as did the Zaydis on condition that both parents agreed. Some jurists, including Lakhmi (Maliki) and Abu Ishaq Marwazi (Shafi’i) allowed abortion before 40 days, but prohibited it thereafter.[32] Some Hanafis allowed abortion before ensoulment for a valid reason, even if it did not reach the level of necessity, whilst others specified the condition of necessity.[33] Some Shafi’is allowed abortion before ensoulment if the conception was via illegal extra-marital sex (zina: fornication or adultery).[34]

3.4    [Discussion]

 

The majority of jurists held that abortion was prohibited at any stage based on:

 

  • the verses prohibiting the taking of life, e.g. 6:151 and 17:33. A foetus is a life without doubt.
  • God forbade pilgrims from hunting (5:95), and the Prophet forbade the destruction of ostrich eggs by pilgrims, stipulating their value in compensation in cases of violation.[35] Malik said, “I have always heard that the compensation due upon a pilgrim for killing an ostrich is a camel. In case of an ostrich egg, my view is that the amount is a tenth of a camel’s value, just as the compensation for the foetus of a freewoman is to free a slave, male or female; these are worth 50 dinars, which is a tenth of his mother’s blood-money.”[36] Ibn al-Qasim said, “Malik compared the egg to a foetus,” i.e. in essence, like a foetus that is prohibited to harm.

 

3.4.1   [Abortion is prohibited in general, as per Ghazzali’s view]

 

Thus, the stronger view is that of the majority, i.e. that harming embryos is prohibited, even before ensoulment. One researcher who emphatically supported this position was Imam Ghazzali. In explaining the difference between coitus interruptus and abortion before ensoulment, he said: “The child is formed when the sperm enters the womb … Coitus interruptus is not like abortion or burying the infant alive because the latter two are crimes against an existing thing that is of different stages. The first stage is that the sperm enters the womb, mixes with the woman’s water and prepares to accept life: spoiling this would be a crime. Once it becomes a chewed lump and a suspended lump, the crime becomes more obscene, and even more so once ensoulment has taken place and the process of creation has levelled out. The extremity of such obscenity is once the foetus has become an independent life [i.e. been born as a baby].” He then mentioned that the beginning of the embryo’s existence is from the entry of semen into the womb.[37]

 

3.4.2   [Ibn Taymiyyah’s view]

 

Shaykh-ul-Islam Ibn Taymiyyah was asked about a man who said to his wife, “Abort your foetus: the sin is upon me.” If she does this, what expiation is due upon them both?

 

He answered: “They must free a believing slave: if they are unable to, they must both fast two months consecutively. In addition, they must give compensation to the heirs of the foetus who did not kill it: not to the father, for he ordered its killing, and so deserves nothing.” In answer to another question, he said, “Abortion is prohibited by the consensus of the Muslims: it is like burying children alive or killing them, which God has forbidden (81:8-9 & 17:31).”

 

He also said about a woman who aborted her foetus by striking her belly or by drinking medicine, “She must give compensation to the heirs of the foetus, other than the mother, by the Sunnah of the Messenger of God and the agreement of the Imams.”[38]

 

3.5    Summarised Juristic Rulings Related to Foetuses

 

  1. Blood-money and expiation if prohibited abortion is carried out: the perpetrator, whether father, mother or someone else, must pay the blood-money, which is a tenth of that of the mother according to the Malikis and Shafi’is; others distinguish between a male and female foetus.[39] According to the Shafi’is and Hanbalis, expiation is also due, being the freeing of a slave if possible, otherwise fasting for two consecutive months.[40]
  2. The waiting-period (‘iddah) of a widow or divorced woman ends by [termination of the pregnancy:] delivery of the child or abortion of the foetus.
  3. The father of the child must pay maintenance for the pregnant mother in case of divorce.[41]
  4. A pregnant woman may break her fast during Ramadan if she fears harm.[42]
  5. Delay of the punishment for extra-marital sex [i.e. flogging and/or stoning to death] whilst the woman is pregnant. [43]
  6. The foetus has incomplete personhood, so it has rights of inheritance etc.[44]

 

3.6    The Ruling on Abortion due to Deformities

 

The following declaration was issued by the Islamic Fiqh Academy of the Muslim World League:

 

The Academy analysed this matter during its twelfth meeting held in Mecca 15-22 Rajab 1410 H / 10-17 February 1990 CE. The council of religious scholars, after consultation with specialist medical experts who attended for this purpose, declares the following:

 

  • Once pregnancy reaches 120 days, abortion is not permissible, even if medical analysis shows that the foetus is deformed. The only exception is if it is established, by a medical panel consisting of reliable, specialist experts, that the continuation of pregnancy comprises a confirmed danger to the life of the mother, in which case abortion is allowed, whether or not the foetus is deformed, in order to repel the greater of two evils.
  • Before 120 days of pregnancy, if it is established and confirmed, by a medical panel consisting of reliable, specialist experts, using instrument-based monitoring, that the foetus is dangerously and incurably deformed, and that if it remains and is born to term, it will have a bad life, with both it and its family suffering much pain, then in that case: abortion is permissible if the parents request it. The academy, whilst making this declaration, advises the doctors and parents in such cases to save themselves from God, and to take every caution in this matter.

 

[1] Q. 5:32

[2] Q. 6:151

[3] Q. 17:31

[4] Ibn ‘Abidin 5/377, al-Sharh al-Kabir with commentary by Disuqi 4/268, Sharh al-Kharshi 5/274, al-Iqna’ 4/129, Kuwaiti Encyclopaedia of Jurisprudence 2/59.

[5] Q. 76:1

[6] Q. 3:59

[7] al-nutfah: the ejaculated fluid of the man or woman; amshaj: a mixture of the essential parts of a thing. See the lexicons al-Misbah al-Munir, Lisan al-‘Arab and al-Qamus al-Muhit.

[8] Q. 23:13

[9] Q. 23:14

[10] Muhammad Salam Madhkur, al-Jinin [Foetuses], 1389, p. 56

[11] Dr. Mukhtar al-Mahdi, The Beginning of Human Life, Book 2 of the Islamic Organisation for Medical Sciences, Kuwait, pp. 65 onwards.

[12] Q. 23:14 & 22:5

[13] Q. 23:14

[14] Papers by Dr. Hassan Hathout, Dr. Mukhtar al-Mahdi, Dr. Ahmad Shawqi, Dr. Muhammad Na’im Yasin & Dr. Abdullah Salamah.

[15] The Arabic for “a few” here is bid’, which refers to a single-digit number, i.e. 1-9 maximum. (Translator’s note)

[16] Fath al-Bari 11/480-1

[17] Fath al-Bari 11/481

[18] Dr. Mukhtar al-Mahdi’s paper, p. 65

[19] Fath al-Bari 11/481

[20] Al-Jinin (Foetuses), p. 54

[21] Q. 17:85

[22] Fath al-Bari 11/468

[23] Ibn al-Qayyim, Kitab al-Ruh [The Spirit], p. 205

[24] Q. 38:71-72

[25] This is not true: some apes have 48 chromosomes, with a very clear and close relationship to the 46 human chromosomes. (Translator’s note)

[26] Kitab al-Ruh, p. 38 & Shifa’ al-‘Alil, pp. 38-41

[27] Book 1, Islamic Organisation for Medical Sciences, p. 351

[28] Fath al-Qadir 2/495 [Hanafi], Hashiyah al-Disuqi 2/267 [Maliki], Nihayat al-Muhtaj 8/416, Al-Majmu’ 5/301 [Shafi’i], Al-Mughni 7/815 [Hanbali], Al-Muhalla 11/29-31 [Zahiri].

[29] Ibn ‘Abidin, Hashiyah, 1/602

[30] See sources previously cited.

[31] See sources previously cited; also al-Furu’ 6/191, al-Insaf 1/386

[32] See sources previously cited; also Rahuni’s commentary on Zurqani 3/264; Sharawani 6/248; Nihayat al-Muhtaj 8/416

[33] Ibn ‘Abidin 2/380

[34] Nihayat al-Muhtaj 8/416

[35] Ibn Majah, Sunan – Manasik 3077; Ahmad 744-5

[36] Al-Mudawwanah 2/437

[37] Ghazzali, Ihya’ ‘Ulum al-Din [Revival of the Religious Sciences], 2/53

[38] Ibn Taymiyyah, Majmu’ Fatawa [Collected Fatwas], 34/159-161

[39] Meaning that the blood-money for a male is double that of a female. (Translator’s note)

[40] See sources previously cited; also Bidayat al-Mujtahid 2/656

[41] This implies that this payment comes to an end upon abortion. (Translator’s note)

[42] This implies that this concession comes to an end upon abortion. (Translator’s note)

[43] This implies that this punishment is due upon abortion.  The authors are referring to ancient/mediaeval punishments, although the Ottomans abolished these in the mid-19th century, since they were no longer suitable for the age. (Translator’s note)

[44] See the brilliant book by our teacher, Muhammad Salam Madhkur: Al-Jinin [Foetuses], where he has explained this in detail.

Fatwa against ISIS

September 11, 2014

Bismillah.  – Please add a comment if you’re a religious scholar and would like to add your name to the list of signatories.  Female scholars are especially welcome.

WITH THE NAME OF GOD, MOST GRACIOUS, MOST MERCIFUL

FATWA ON THE SO-CALLED “ISLAMIC STATE” (FORMERLY “ISLAMIC STATE IN IRAQ & SYRIA”)

30th August 2014

Praise be to Allah, Lord of the Worlds. Peace and blessings be upon His final messenger Muhammad.

Due to recent events in the Middle East and their impact on some people in Britain, we as imams and scholars based in the UK, would like to issue the following clarifications in the form of a fatwa:

  1. There is no doubt that President Assad’s regime in Syria is oppressive, unjust and brutal, and has committed numerous atrocities against its own people.
  2. The same is true of the so-called “Islamic State” (IS) or self-styled “Caliphate,” formerly known as “The Islamic State in Iraq and Syria”: it is an oppressive and tyrannical group.
  3. By murdering prisoners of war, journalists and civilians, including mosque imams who refused to endorse their campaign, and by enslaving the women and children of their opponents, ISIS has violated international agreements such as the Geneva Conventions and conventions on slavery that everyone, including Muslims, have signed up to. God says in the Qur’an, “Believers, fulfil your covenants!” (5:1)
  4. The IS persecution and massacres of Shia Muslims, Christians and Yazidis is abhorrent and opposed to Islamic teachings and the Islamic tolerance displayed by great empires such as the Mughals and Ottomans.
  5. Based on all of the above: IS is a heretical, extremist organisation and it is religiously prohibited (haram) to support or join it; furthermore, it is an obligation on British Muslims to actively oppose its poisonous ideology, especially when this is promoted within Britain.
  6. British and other EU citizens are bound by their duties to their home countries according to Islamic theology and jurisprudence: it is therefore prohibited (haram) to travel to fight with any side in Syria, including non-state actors, since this is forbidden by laws in EU countries.
  7. It is a moral obligation upon British Muslims to help the Syrian and Iraqi people without betraying their own societies: “If they ask for your help in religion, you must help, except against a people with whom you have a treaty.” (Qur’an 8:72)

 

SIGNATORIES (as of 11th September 2014)

  1. Sheikh Mohammad Shahid Raza OBE, Executive secretary of the Muslim Law (Shariah) Council of UK; Head Imam at Leicester Central Mosque
  2. Sheikh Qamaruzzaman Azmi -Secretary General of the World Islamic Mission; Head Imam at Manchester Central Mosque
  3. Sheikh Muhammad Manwar Ali, founder and CEO of JIMAS, Ipswich
  4. Sheikh Dr Qari Mohammad Asim MBE, Head Imam at Makkah Masjid, Leeds
  5. Mufti Abu Layth, founder of The Islamic Council UK, Birmingham
  6. Sheikh Paul Salahuddin Armstrong, Co-Director of The Association of British Muslims, Birmingham
  7. Sheikh Dr Usama Hasan, Author of the fatwa, Head Theologian at Quilliam and Former Imam at Al-Tawhid Mosque, London
  8. Dr Musharraf Hussain Al-Azhari OBE DL, Chief Imam, Karimia Institute, Nottingham
  9. Sheikh Dr Hafiz Ather Hussain al-Azhari – Imam, Leicester
  10. Cllr Yakub Hanif al-Naqshbandi – Imam, Luton
  11. Sheikh Irfan Chishti al-Azhari MBE – Imam, Greater Manchester
  12. Sheikh Dr Irfan al-Alawi – Executive Director, Islamic Heritage Research Foundation, Birmingham
  13. Sheikh Osman Saeed Dar al-Azhari, Imam, Greater Manchester