Posts Tagged ‘Maqasid al-Sharia’

Ibn ‘Ashur’s Discussion of the Hadith Cursing Women Who Wear Wigs, Tattoos, Etc.

July 25, 2016

Bismillah.  Many people think that tattoos are absolutely prohibited (haram) in Islam due to a particular hadith. The following discussion from Ibn ‘Ashur shows that this is not the case.

Ibn ‘Ashur’s Discussion of the Hadith Cursing Women Who Wear Wigs, Tattoos, Etc.

 

Translation: Usama Hasan, 25/07/2016

 

(1) al-Tahrir wa al-Tanwir

 

وليس من تغيير خلق الله التصرّف في المخلوقات بما أذن الله فيه ولا ما يدخل في معنى الحسن؛ فإنّ الختان من تغيير خلق الله ولكنّه لفوائد صحيّة، وكذلك حَلق الشعر لفائدة دفع بعض الأضرار، وتقليمُ الأظفار لفائدة تيسير العمل بالأيدي، وكذلك ثقب الآذان للنساء لوضع الأقراط والتزيّن، وأمّا ما ورد في السنّة من لعن الواصلات والمتنمّصات والمتفلّجات للحسن فممّا أشكل تأويله. وأحسب تأويله أنّ الغرض منه النهي عن سمات كانت تعدّ من سمات العواهر في ذلك العهد، أو من سمات المشركات، وإلاّ فلو فرضنا هذه مَنهيّاً عنها لَما بلغ النهي إلى حدّ لَعن فاعلات ذلك. وملاك الأمر أن تغيير خلق الله إنّما يكون إنما إذا كان فيه حظّ من طاعة الشيطان، بأن يجعل علامة لِنحلة شيطانية، كما هو سياق الآية واتّصال الحديث بها. وقد أوضحنا ذلك في كتابي المسمّى: النظر الفسيح على مشكل الجامع الصحيح .

 

(Tafsir or Qur’an-commentary of: {ولأضلنهم ولأمنينهم ولآمرنهم فليبتكن آذان الأنعام ولآمرنهم فليغيرنَّ خلق الله}

 

[Satan says: I will misguide them, and give them false hopes; I will instruct them and they will surely cut the ears of cattle; I will instruct them and they will surely change the creation of God, al-Nisa’, 4:121])

 

 

 

Ibn ‘Ashur says:

 

Modifying creation, in ways that God has allowed, or in beautification, is not included in “changing the creation of God.” For example: circumcision changes the creation of God but is done for health benefits; shaving the hair gives the benefit of preventing some harms; clipping the nails is for the benefit of facilitating manual work; ear-piercing for women is for adornment with ear-rings, etc.

 

As for what is narrated in the Sunnah of cursing women who use false hair and wigs, pluck their eyebrows [to thin them] or widen the gaps in their teeth, all for the sake of beauty, this is one of the difficult matters for interpretation (ta’wil). [Translator’s note: some versions of this hadith also mention women who have tattoos on their bodies.] I think its interpretation (ta’wil) is that its purpose is to forbid characteristics that were regarded as those of prostitutes or idolatrous, polytheistic women in that era. Otherwise, even if we regard these as (still) being forbidden, the forbiddance would not reach the extent of cursing the women who do so.

 

In short, “changing the creation of God” only applies where there is an element of obeying Satan by placing a symbol of a Satanic quality, as is the context of the verse and its link with the hadith. We have explained this clearly in my book, al-Nazar al-Fasih ‘ala mushkil al-Jami’ al-Sahih (A Broad Analysis of the Difficulties of [al-Bukhari’s] Authentic Collection).

 


 

(2) Maqasid al-Sharia

 

 

 

Maqasid al-Shari’a (3/268-9; Wizarah al-Awqaf al-Qatariyya)

Chapter/Section fi maqasid al-tashri’ al-‘aammah: ‘umum shari’ah al-islamOn the General Principles of Legislation: the Generality of the Law of Islam:

 

We are certain that customs of people have no right – as customs – to be forced upon other people in legislation, nor in fact to be forced upon the original people themselves. It is true that the Sharia does force such customs upon people if they do not depart from them, because their adhering to these [customs] and the customs being central to them renders the customs as equivalent to mutual conditions that are considered in their mutual transactions, since the people are silent about anything contrary to these. An example of this is the view of Malik, may God have mercy upon him, that a noble woman is not to be forced to suckle her child, since that is the custom generally accepted by the people, and thus is like a [legal] condition. Hence, he applied the saying of God Exalted, “Mothers are to suckle their children for two complete years” (2:233) specifically to women not of the nobility, or regarded its context as being for the purpose of specifying the time period and not for the principle of mandating suckling.

 

From this principle of imposing a tribe’s customs upon it within the Sharia, where such customs are related to obligatory or prohibited matters, it becomes clear to us how to clear the confusion and huge problems presented to the jurists in understanding many of the Sharia’s prohibitions of matters where one finds no harm at all.

 

For example: the prohibition of wigs, widening gaps between teeth and tattoos for women, in the hadith of Ibn Mas’ud that “the Messenger of God, may God bless him and grant him peace, cursed women who use or ask for wigs or tattoos, or who pluck their eyebrows or widen the gaps between their teeth for the sake of beauty, who change the creation of God.” The mind is almost lost at this, because it sees categories of adornment for women, of which other types are permitted, such as rouge, perfume and the tooth-stick, so it is confounded by such a strict forbiddance of them.

 

The correct interpretation of this in my view, and which I have not seen anyone else articulate, is that those states [qualities and actions] were symbols of a woman’s weak morality amongst the Arabs. Thus, the forbiddance of these was a forbiddance of the underlying cause, or of becoming exposed to a violation of dignity or honour because of these states [qualities and actions].

Click here for a PDF with both extracts from Ibn ‘Ashur, in Arabic and English: tattooing-etc-with-english-translation

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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

 

Islam and the Veil – Opening Up the Discussion About Hijab

February 3, 2014

Bismillah.  With the global discussion about the veil due to “World Hijab Day” on 1st February, 2014, this is a good time to re-publish here a detailed, academic paper from 2011.  It is from the following book: http://www.amazon.co.uk/Islam-Veil-Theoretical-Regional-Contexts/dp/1441187359/ – one of the editors was kind enough to say that mine was the best paper in the collection, which was quite a compliment since other authors include Javaid Ghamidi and other experts.

Please click here to download the full paper: Islam and the Veil – Usama Hasan

I also suggest the following questions as a guide to study/discussion sessions about this topic:

STUDY/DISCUSSION QUESTIONS ABOUT VEILING (FOR A HETEROSEXUAL CONTEXT)

1. Distinguish between the terms hijab (veil), khimar (headscarf) and jilbab (covering).  Are these religious or cultural aspects of dress/clothing, or a mixture of the two, i.e. religio-cultural?

2. God is veiled from humanity.  What is the nature of the veil(s), and what is meant by the veil being lifted for the believers’ Vision of God?  How did veiling (of women, caliphs – who had a hajib, etc.) symbolise the above truths?

3. What is the significance, if any, of the fact that in Surah al-Nur, men are instructed before women to “lower their gaze and guard their chastity” ?

4. Surah al-Nur: women were instructed to draw their headscarves (khimar) over their bosoms.  Is this a command to cover the head and hair, or to cover the breasts, or all of the above?

5.  Surah al-Nur: What is meant by the “ordinarily-apparent adornment” (zinah zahirah) that may be displayed by women? Is it parts of the body, the top layer of clothing, jewellery, make-up or a combination of these?  What would then be the implied “hidden beauty/charms” (zinah batinah) that men and women would only reveal to close family, spouses, etc. ?

6. Some Companions insisted that women must be covered top to toe in public, including the face; others excepted the face and hands, as did the majority of early authorities; others excepted the forearms, half-way to the elbows (Tabari) or all the way to the elbows (Qadi Abu Yusuf, for women who worked in bakeries and thus had to roll up their sleeves – mentioned by Imam Sarakhsi in Al-Mabsut); others excepted the feet also (Abu Hanifah); some even excepted the head and hair (minority view mentioned by Ibn ‘Ashur).  Some female Companions gathered their skirts when nursing warriors in battle such that their ankles or shins were visible (‘Aisha & Hafsa – Sahih al-Bukhari).  How are these views to be understood from the text?  Do the above views indicate that the context and ‘urf (social custom) is influential in what constitutes modest and appropriate dress?

7. Is the hadith of Asma about “covering up except face and hands” genuine or weak?  If the latter, does that support the niqab-obligation view or the khimar-not-necessary view?

8.  Is a woman to be regarded as “naked” and “sinful” if her face, hands, head, hair, feet, ankles, shins and/or forearms are visible in public, as per the above views? Or should the onus be on men to restrain lustful glances, as they are ordered to do so beforehand in Surah al-Nur?

9.  Surah al-Nur: In terms of the males “having no sexual desire” before whom a woman doesn’t need to worry about veiling, the commentators have extended this to several categories.  How should this be understood in modern societies?  What is your view about the classical view that obliged women to cover in front of their fathers and brothers to prevent the latter having incestuous thoughts?

10. Surah al-Nur: About “their women” before whom women can unveil, does this apply only to Muslim women or to all women (both views are classical) ?  Does it matter about the morality of such female company, i.e. is the matter related to appropriate dress and behaviour?

11. Surah al-Ahzab (hijab meaning curtain or screen): Does this verse imply gender-segregation?  If so, is that a general principle or was it only for the Prophet’s wives and family?

12. Surah al-Ahzab: what is meant by the jilbab?  Is it simply a shawl (Ibn al-Arabi & Ibn Kathir), any dress that reasonably covers the body, an outer garment or cloak on top of usual clothes, or a cloak with a hood that must go on top of a khimar (Albani’s view) ?

13. Surah al-Ahzab: The jilbab is explicitly “that they may be recognised (as noble women) so they are not harassed.” How is that to be understood and practiced in the modern world? Is it true that traditional clothing, i.e. khimar/jilbab/niqab protects Muslim women from sexual harassment in various societies?

14.  How does fiqh al-ma’al (jurisprudence of consequences, cf. Sheikh Abdullah bin Bayyah) apply to issues of gender-segregation and veiling/unveiling in the modern world?  In particular, what implications do veiling/unveiling have for working or professional women in Muslim/non-Muslim societies?

15.  Is the khimar or headscarf (mistakenly called hijab) a normal part of clothing in some cultures, analogous to a hat or cap, or a symbol of faith, modesty, purity, identity, or some combination of these?

16.  What are the psycho-spiritual effects of wearing a headscarf and/or jilbab and/or niqab for women?  Do these lead to confidence, subjugation, control, spirituality, modesty, pride, purity, ostentation, humility, holier-than-thou attitude or a combination of these?

17.  What are the psycho-spiritual effects upon men of women wearing a headscarf and/or jilbab and/or niqab?  In men, do these lead to feelings of purity, increased/decreased/repressed desire, a positive/negative attitude towards veiled/unveiled women, or a combination of these?  How does all this affect the attitudes of Muslim/non-Muslim men towards Muslim/non-Muslim women, whether veiled or unveiled, and their perceptions of beauty, attractiveness, sexuality and desire?

18.  What is all the fuss really about, and are men and women equal in this whole discussion?  Do the notions of gender-equality and women’s liberation have any bearing on the whole issue?

19. Who should ultimately decide what is appropriate dress and behaviour for men and women in a given society?  Is it men, or women, or male religious scholars, or female religious scholars, or panels of religious scholars, or society as a whole including parents, families, religious/spiritual authorities, etc.?

20. And finally, how does God, with the 99 Names of Beauty (jamali) and Majesty (jalali), to Whom we are all returning, relate to all of this in our lives?

Usama Hasan

London, 3rd February 2014 / 3rd Rabi’ al-Thani 1435