Posts Tagged ‘Shariah’

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.

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ECFR Fatwa on a Muslim inheriting from non-Muslim relatives

February 1, 2012

Bismillah.

The Council [European Council for Fatwa and Research] holds that Muslims should not be prevented from inheriting from their non-Muslim relatives.  This does not contradict the authentic hadith, “A Muslim must not inherit from a disbeliever, and vice-versa,” since the latter is to be understood as applying to a harbi or disbeliever who is at war with Islam.  It should also be noted that during the early period of Islam, Muslims were not prohibited from inheriting from their non-Muslim relatives.

Amongst the Companions [of the Prophet, peace be upon him], the following took this view: Mu’adh bin Jabal and Mu’awiyah bin Abi Sufyan, as did a number amongst the Successors [of the Companions], including Sa’id bin al-Musayyib, Muhammad bin al-Hanafiyyah, Abu Ja’far [Muhammad] al-Baqir and Masruq bin al-Ajda’.  This is also the view of Sheikh-ul-Islam Ibn Taymiyyah and his student, Ibn al-Qayyim.

(Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, p. 395)

WHAT HAPPENS TO A MARRIAGE IF ONE OF THE COUPLE CONVERTS TO ISLAM?

January 13, 2012

Bismillah al-Rahman al-Rahim

WHAT HAPPENS TO A MARRIAGE IF ONE OF THE COUPLE CONVERTS TO ISLAM?

 Traditional Islamic jurisprudence says that Muslims should only marry each other.  The only exception to this is that Muslim men are allowed to marry women who are Ahl al-Kitab (People of Scripture), usually limited to Jews and Christians.  Traditionally, Muslim women were not allowed to marry non-Muslim men.  But what happens to a non-Muslim couple who are married, and later one or both of them convert to Islam?  Here are some fatwas on the issue, that slightly differ from each other:

A. Fatwa of The European Council for Fatwa & Research, including Sheikh Yusuf al-Qaradawi, Sheikh ‘Abdullah bin Bayyah, Sheikh ‘Abdullah al-Judai, Sheikh Suhaib Hasan and others (from Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, pp. 356-7)

  1. If both of the couple become Muslim, and they are not close relatives by blood or suckling that would make the marriage invalid, their marriage continues in its validity. (NB they do not need an Islamic nikah ceremony.)
  2. If only the husband converts to Islam, they are not close relatives and the wife is a person of scripture, their marriage continues in its validity.
  3. If only the wife converts to Islam, the view of the Council is that: a) if she converts before the marriage is consummated, she must leave him immediately; b) if she converts after consummation and her husband converts within 3 months or within 3 of her monthly cycles, their marriage continues in its validity; c) as before, but if a long time period has passed, she may remain with him in the expectation that he will convert also.  If he eventually converts, their marriage continues in its validity, without needing a new marriage ceremony.  d) If she wishes to leave her husband after the 3-month time period, she should seek dissolution of her marriage from the relevant authorities.

4. If the wife is Muslim and the husband is not, the four Madhhabs do not allow her to remain with him after the expiry of the 3-month period, or to have sexual relations with him.  However, some scholars allow her to remain with him, fully-married, as long as he does not harm her regarding her religious practice and as long as she has hope that he will also convert to Islam eventually.

It is authentically narrated from ‘Umar bin al-Khattab that a woman became a Muslim while her husband remained non-Muslim: he ruled, “If she wishes, she may leave him or if she wishes, she may remain with him.”  Also, there is an authentic narration from ‘Ali bin Abi Talib: “If the wife of a Jewish or Christian man becomes Muslim, he is entitled to remain her husband, since he has a covenant with the Muslims.”  Similar views are authentically-narrated from Ibrahim al-Nakh’i, Imam Sha’bi and Hammad bin Abi Sulayman.

 

B. FATWA OF SHEIKH ‘ABDULLAH AL-JUDAI (from his book Islam Ahad al-Zawjayn, pp. 249-251)

  1. There is no decisive, unequivocal text (nass qati’) about this matter.
  2. There is no consensus (ijma’) about this matter.
  3. Pre-Islamic marriages are sound and valid.  They can only be annulled for definite reasons.  Difference of religion is not a definite cause of invalidity due to the absence of an unequivocal text and due to the existence of a difference of opinion about the matter.
  4. Evidence from the Qur’an and Sunnah shows that a couple remaining together with a difference of religion does not damage the basis of their faiths.  Their relationship remains sound, not corrupt.
  5. The simple fact that one of them converts to Islam does not invalidate the marriage.
  6. Despite the multitude of people converting to Islam in his time, it is not recorded at all that the Prophet (pbuh) separated a husband and wife or ordered their separation due to one of them converting, or due to one of them converting before the other.  What is authentic from him is the opposite, as in the case of his daughter Zaynab who remained married to Abul-‘As for six years after she converted to Islam and before he did so, just before the Conquest of Mecca and after the revelation of Surah al-Mumtahinah.  The most that happened was that she emigrated and left him in Mecca after the Battle of Badr, but her emigration (hijrah) did not nullify their marriage.
  7. To say that the ayah of al-Mumtahinah ends marital relations due to a difference of religion is not correct.  It only applies when one spouse is at war with Islam (harbi), not simply a non-Muslim (kafir).
  8. The ayah of al-Mumtahinah allows a believer to marry a believing woman whose husband is at war with Islam.  It does not obligate this.  The story of Zaynab shows that a woman’s marriage to a non-Muslim (harbi) man changes from being binding to being allowed.  The reason for this is the difficulty of her returning to her harbi husband, and the difficulty she faces without a husband.
  9. The ayah forbids a Muslim man from retaining a non-Muslim wife who has not joined him in emigrating from a land of kufr to a land of Islam, or has fled from him, renouncing her faith and joining non-Muslims who are at war with Islam.  The reason for this is to prevent an inclination towards ones enemies, as happened with Hatib bin Abi Balta’ah, who wrote to the polytheists about some of the movements of the Muslims due to the presence of some of his relatives in Mecca.
  10. When one of the couple converts to Islam whilst the other is not at war with Islam, they are allowed to remain together.  They are not separated simply due to difference of religion.  The evidence for this is the practice of the Prophet (pbuh) and the Companions regarding those who embraced Islam in Mecca before the Hijrah and at the Conquest of Mecca.  This was also the fatwa given by ‘Umar during his caliphate without any opposition, and also by ‘Ali.
  11. A difference in religion due to the conversion of one of the couple to Islam allows the annulment of the marriage but does not obligate it, as shown by the judgment of ‘Umar with the endorsement of the Companions.
  12. The conclusions of the Madhhabs in this matter are not to be given precedence due to their opposition to what is established, weakness of evidence (dalil), weakness of juristic indication (istidlal), or all of the above.
  13. The allowance for the couple to remain together means that their marital life together is permitted, including sexual intercourse.

 

C. TAKING INTO ACCOUNT THE LIKELY EFFECTS ON CHILDREN

The majority of jurists regard a man who doesn’t pray regularly out of laziness as still a Muslim and not a kafir, so his wife is not obliged to divorce him.

In certain situations, the wife is allowed to have patience and persevere with her marriage, despite the objectionable behaviour of her husband, especially if she has children from him and she fears that they will become psychologically ruined and wasted.

(Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, p. 353)

Compiled and translated by Usama Hasan, London, 13th January 2012

Minor updates: 21/12/2015

A PDF version of this article can be found here: One of a couple converting to Islam

Update: 26/01/2017

D. A SIMILAR ANSWER GIVEN BY SHAYKH GIBRIL FOUAD HADDAD

Q&A reposted from http://eshaykh.com/halal_haram/convert-required-to-divorce-non-muslim-spouse/

Convert required to divorce non-Muslim spouse?

Question:

As-salamu ‘alaikum,

An urgent question that has certainly come up again and again, requiring an absolutely authoritative answer, is what is to be done if a married woman accepts Islam but her husband does not.

Let’s say as an extreme example that they’ve been married for fifty years, have ten children together and love each other dearly. The wife has no job skills with which to provide for herself, much less for her children; the husband is ill or handicapped and his wife takes care of his needs. He’s fine with her new faith and lets her practice as she likes and teach it to their children but does not want to accept or commit to it for himself.

What to do? Telling a Muslim woman who is already married to a non-Muslim man that she must divorce him because staying with him is haram, deserves the death penalty and will earn her Hell isn’t the same thing as telling an unmarried Muslimah that their intended marriage to a non-Muslim man is prohibited and will nullify her profession of Islam. Moreover, there are no children involved who love their father and might end up traumatized and hating Islam if it the breakup of the household. Additionally, forcing *already-married couples *to break up would certainly deter many non-Muslim women from converting to Islam, no matter how much they may wish to if it means breaking an existing or possible future marriage.

Please understand that I’m not arguing with Allah Subhanuhu wa T’a’ala. Hasha,  God forbid! Rather, I’m just trying to understand how the Islamic Shar’iah deals with this specific situation, which is certainly not rare in our time. The website,

https://unity1.wordpress.com/2012/01/13/what-happens-to-a-marriage-if-one-of-the-couple-converts-to-islam/

deals with the issue but I need to know how acceptable this opinion is for Ahl-us-Sunnah wal-Jam’ah. May Allah greatly reward you for any help you can give.

Answer:

Alaykum salam,

If there is acceptance on his part and tolerance for his wife’s religion then there is hope for himself eventually accepting Islam. This hope is the basis for validating the continuity of their marriage as in the case of Fatima bint Asad and her non-Muslim husband Abu Talib.

And Allah knows best.

Hajj Gibril Haddad

Have You Stopped Beating Your Wife? The Quran, Hadith and Domestic Violence

January 3, 2011

Bismillah.  I began work on this at about 5am on 1st January and, Praise God, have completed it around 55 hours later.  I am grateful to all my teachers and friends who encouraged me to write this work.

My conclusion is simple: God and Muhammad, peace be upon him, clearly wished to
ban domestic violence, as numerous hadiths indicate.  The verse was always known
to be a temporary compromise, an extremely limited concession that required
minimum use of violence, if at all.  “New” findings are:

1. Numerous hadiths say emphatically, “Don’t beat your wives.”  The Qur’an
apparently says, “You may beat your wives.”  This apparent difficulty must be
resolved.  The verse is perhaps the most quoted by critics and enemies of Islam,
the Qur’an and the Prophet Muhammad, peace be upon him.

2. The article tries to highlight a basic and serious flaw with the way many
Muslims read and teach the Qur’an, including some preachers and clerics.
Helping to correct this problem will, God-willing, open the way to dealing with
numerous other controversial issues and “problematic” ayahs and hadiths.

3. Many issues around human rights and women’s rights, gender-equality,
dhimmitude etc. may be fruitfully-addressed along similar lines.

Feedback is welcome, especially from students and scholars of Islam as well as activists and reformers, particularly those involved with women’s rights.  If you find the work of value, I would be grateful if you could help circulate it as widely as possible, and publicise its conclusions that are given in a 2-page summary at the beginning of this 17-page study, and repeated below (with additions) for easy reference.  May Allah reward you. – U.H.

Read the study here: Have You Stopped Beating Your Wife – The Quran on Domestic Violence

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

HAVE YOU STOPPED BEATING YOUR WIFE?

THE PLAIN TRUTH ABOUT DOMESTIC VIOLENCE & THE “WIFE-BEATING” VERSE OF THE QUR’AN, INCLUDING A HOLISTIC STUDY OF IMPORTANT BUT RARELY-QUOTED HADITHS ON THE SUBJECT

© Usama Hasan (London, UK)

3rd January, 2011

CONTENTS

1    SUMMARY OF THIS STUDY.. 3

2    INTRODUCTION & BACKGROUND.. 5

3    THE QUR’ANIC VERSE REFERRING TO WIFE-BEATING.. 6

3.1       Notes on this verse. 6

3.2       Ibn ‘Ashur’s Contextualisation of the Verse: Then and Now.. 8

4    SOME HADITHS RELATED TO THE VERSE OF WIFE-BEATING   9

4.1       An Apparent Difficulty. 10

4.2       Resolution of the Difficulty. 10

4.3       A Fundamentalist Interpretation. 10

4.4       The Normative, Orthodox Interpretation. 10

4.5       A Refutation of Alternative Interpretations of “Beat Them”. 13

4.6       A Weak Hadith That Might Otherwise Justify Wife-Beating. 15

5    CONCLUSION.. 17

SUMMARY OF THIS STUDY

  1. There is a verse (ayah) of the Qur’an (Surah al-Nisa’ or Chapter: Women, 4:34) that may appear to condone domestic violence against women.  The verse says, “You may beat your wives.”
  2. Domestic violence is a problem in most, if not all, communities and societies.  For example, current statistics indicate that approximately 1 in 3 British women experience domestic violence during their lifetime.  Although the overwhelming majority of cases of domestic violence in Muslim households are due to wider human factors such as difficulties with relationships and anger-management, a handful of cases involve the husband feeling justified in using violence against his wife on the basis of this Qur’anic text.
  3. Such an attitude is not uncommon amongst socially-conservative Muslims who are “religious” in a formal sense: for example, a conservative leader of Indian Muslims is said to have given a public statement in 2010 denouncing a new law in India that criminalised domestic violence, thus: “They are taking away our divine right to hit our wives.”
  4. This fundamentalist misinterpretation of the Qur’an is sometimes sanctioned by the legal system in Muslim-majority countries, for example, as in the UAE’s Federal Supreme Court ruling of October 2010.
  5. A large number of hadiths (traditions of the Prophet Muhammad, peace be upon him) contain the explicit, emphatic prohibition, “Do not beat your wives!”
  6. These hadiths may appear to contradict the Qur’an, if the latter is read in a superficial, fundamentalist way.
  7. A holistic reading of the Qur’an, Sunnah and Hadiths, taking into account the socio-historical context of the revelation of the Qur’an and of the Prophetic guidance preserved in authentic hadiths, shows clearly that God and Muhammad wished to ban wife-beating and domestic violence completely.  As a temporary measure, and as a step on the way, an extremely limited, reluctant concession was given that only allowed minimal violence as a symbolic gesture of displeasure on a husband’s part.  This was in a strongly patriarchal society that used to bury baby girls alive because of their gender and where sons would inherit their fathers’ wives.  Such practices were outlawed by Islam, which also granted rights to women in 7th-century Arabia that were only achieved by European women in the 19th century, such as the independent right to own their property upon marriage.
  8. The evidence for this interpretation is overwhelming, from the 8th-century AD Mufti of Mecca, ‘Ata bin Abi Rabah, who ruled that “a man may not hit his wife” to the 20th-century Mufti of the Zaytuna in Tunis, Ibn ‘Ashur, who ruled that the State may ban domestic violence and punish any man who assaulted his wife.
  9. The “gradualist” approach of the Qur’an and Sunnah described in this case is a common feature in Islam.  Other examples are the prohibition of wine, gambling, fornication and adultery.  Modern reformers argue that the same principle applies to the abolition of slavery and the struggle towards gender-equality.
  10. Recently, a number of Muslim thinkers and scholars, unfamiliar with the holistic approach to the Qur’an, Hadith and Shari’ah embodied in the universalist Maqasid theory of Islamic law, have attempted to re-translate the “wife-beating” verse to mean something else.  Alternative translations and interpretations include temporary separation of husband and wife, travelling and even making love as a way of solving marital disputes.  A prominent example of this is Dr. Laleh Bakhtiar’s recent translation, The Sublime Qur’an (2007) that is largely-promoted based precisely on her translation of the wife-beating verse. Although well-intentioned, such interpretations and translations are either grammatically unsound or far-fetched, or both.  Furthermore, they ignore the overwhelming evidence provided by the Hadith traditions and simply do not placate the critics of Islam.  The normative, orthodox account of the issue in this study provides a thorough, honest and principled solution to the difficulties apparently posed by the wife-beating verse.
  11. The presence of hadiths with weak isnads (chains of narration) that would otherwise justify wife-beating may be evidence that some early Muslims themselves misunderstood the issue and either fabricated or misreported traditions on the subject.  The value of the work of expert Hadith scholars throughout the ages who meticulously sifted genuine narrations from the weak ones, may be seen to be crucial.  The work of al-Albani, a 20th century Hadith scholar, is especially valuable, for example his gradings for every hadith in the four famous Sunan collections of Sunni Islam.  Albani concentrated more on the chains of narration than the meanings of the traditions, but nevertheless confirmed that all the hadiths banning wife-beating or only allowing a limited concession are authentic whereas all those justifying it absolutely are weak.
  12. This study highlights a fundamental problem with the way many Muslims, including some scholars and clerics, read the Qur’an.  Rather than being read as a “textbook” or “instruction manual” as some superficial, populist, fundamentalist or Hadith-rejecting preachers advocate, it should be remembered for what it is: a collection of divine signs, guidance and wisdom revealed by God to the heart of His Beloved, Prophet Muhammad, peace be upon him, by God via the Archangel Gabriel (Jibril), the Holy Spirit, peace be upon him.  This guidance was transmitted by practice and oral teaching (remember that “Qur’an” means “A Reading” and hence oral transmission) at first, and only collected by the Companions as a written book after the time of the Prophet, peace be upon him, for fear of this Divine Treasure being lost for ever.  Furthermore, this guidance was always supposed to be manifested by righteous people of piety, humility, good character and the remembrance of God, taking their situation and socio-historical contexts into account.  A critical awareness of hadith and history has always been required, along with the worship of God and the service of humanity, to be guided towards the true way of following the Qur’an.

A detailed fatwa about music and singing – by Sheikh Abdullah al-Judai

February 13, 2010

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

The fatwa is given below, and in PDF format here: Juday – Music and Singing – Conclusions

Some of the Sheikh’s analysis of texts from the Qur’an and Hadith on the subject are found in this presentation here.

A brief biography of Sheikh ‘Abdullah al-Judai can be found here.

Ibn Khaldun on music & singing (pp. 328-331 of the Muqaddimah, abridged translation by Rosenthal/Dawood).

A DETAILED FATWA ABOUT MUSIC & SINGING

by Sheikh ‘Abdullah b. Yusuf al-Juday’

Taken from the author’s al-Musiqi wa l-Ghina’ fi Mizan al-Islam (“Music & Singing in the Balance of Islam”), Al Judai Research & Consultations, Leeds, UK, 1425/2004, pp. 597-601

Translation by Usama Hasan, 13th February 2010

SUMMARY & CONCLUSION

After this detailed presentation of the evidence and legal ruling related to the two issues of music and singing in respective, detailed chapters, I now highlight briefly the main conclusions of this study:

  1. There is no consensus (ijma’) about the legal ruling on music and singing, whether considered together or as separate issues.
  2. There is no unequivocal text (nass) from the Noble, Generous Qur’an that speaks about these two issues.
  3. There is no unequivocal text (nass) from the Sunnah that definitely forbids music or singing.
  4. In the legal positions (madhahib) of the Companions and Successors, there is no clear prohibition of music or singing.  Rather, some of them listened to music and singing and permitted this.  Precursors of the view of prohibition began to appear after them, but without indisputable, clear-cut prohibition.
  5. To claim that the Imams of the four main Sunni Madhhabs agreed on the absolute prohibition of music or singing is inaccurate.
  6. The issues of music and singing return to the basic principle (asl) in matters of habits and objects, and the established position based on evidence in this regard is one of permission (ibahah), which cannot be modified without evidence.
  7. The basic principle (asl) in sounds and speech is the permissibility of making and listening to these, and similarly for humming.  A beautiful voice or sound, in itself, is a blessing (from God).
  8. All that is narrated in condemnation of music and singing, which some hold to, thinking it is legal evidence, includes very little that is clear and indisputable.  The latter is not authentically-narrated, and it is not permissible to base legal judgments on unsound narrations.
  9. Those texts from the authentic Sunnah which the prohibitors of music and singing think is legal evidence, are in reality evidence against them to falsify their claims.  Rather, there are numerous unequivocal texts (nusus) in the authentic Sunnah that confirm the basic principle and necessitate the view that music and singing are permissible.

A Principled Judgment on Music and Singing

  1. Musical instruments were found in Arabian society before Islam and remained afterwards: no clear-cut, authentic, indisputable text (nass) came to forbid these.
  2. Sounds arising from musical instruments are lawful (halal) in principle.  They remain within the sphere of permissibility unless they are used as a means towards disobedience (of God).
  3. The exact definition of permissible singing is: that which involves intrinsically-permissible words or lyrics, whether or not it is accompanied by music.
  4. Use of the permissible for purposes involving vice changes the ruling of permissibility to prohibition in that circumstance, not in general.
  5. There is no distinction between men and women in the ruling of permissibility for music and singing.
  6. Males listening to the singing of females, or vice-versa, is intrinsically harmless: this is authentically-narrated in several evidential texts.
  7. The usage and learning of music and singing are permissible (mubah), since there is no basis to forbid what is permissible in principle.A ruling derived from this is that practising the arts of music and singing, being attracted to these or listening to them, do not by themselves damage the integrity (‘adalah) of a person.
  8. To amuse oneself by songs, whether these are called “Islamic” or “national” or other, is permissible and allowed (mubah ja’iz), whether accompanied by music or not, as long as the lyrics are intrinsically acceptable (mashru’ah).As for the remembrance of Allah Exalted by words of sanctification and praise, and as for prayers of blessing upon His Prophet, may Allah bless him and grant him peace, it is acceptable and encouraged to gather together for such purposes.  It is permissible to do this melodiously (bi l-taghanni), as it is permissible to recite the Qur’an melodiously.  However, it should be noted that all of this is worship (‘ibadah) and not amusement (lahw), and so it cannot be accompanied by music because the latter is a form of amusement, and amusement cannot be a means of worship.  Similarly, it was disliked to use the trumpet or bell to call people for prayer, and the announcement by a human voice (adhan) was legislated instead.
  9. The ruling on music and singing does not differ in our times from previous ages.  Any judgment on what is popular in these matters is based on the individual lyrics.  If these lead to a prohibited matter, then the judgment is one of prohibition (haram).  If it (permissible music and singing) is accompanied by prohibited scenes, such as the uncovering of private parts (‘awrah), the forbiddance would extened to looking at such scenes, but not to the music and singing itself.

I conclude with the following words:

Firstly, music and singing are forms of amusement (lahw), so the basic principle is that they should be used to realise recognised benefits (maslahah mu’tabarah) such as expressing acceptable happiness or warding off boredom and tedium.  If they are used too much, the benefits will be correspondingly obstructed.  The permissible is harmless as long as it does not overcome the obligatory or recommended, or lead to what is prohibited or disliked, in which case it changes from being permissible to being prohibited or disliked.

Secondly, the fact that many people exceed the bounds of permissibility with such amusement does not falsify the basic principle regarding music and singing.  What is rejected of their actions is what is excessive, and it is not allowed to make changing times or improper use into a reason to prohibit the permissible.  Keeping people to the basic principle of the Law is safest for the responsibility of the person of knowledge, even if this agrees with the desires of a person of lust, for the sin is not incurred by doing what is lawful (halal), but by falling into the prohibited (haram).

Thirdly, the way to recognise the lawful (halal), the prohibited (haram) and the major symbols (sha’a’ir) of Islam is the Book and the authentic Sunnah, based upon clear principles and evident rules. It is not by rejected and fabricated ahadith, or by opinions devoid of proof or baseless views.  Otherwise, whoever wished to could say whatever they wanted, and people’s religion would become corrupted for them.  This is just one issue where you can see how far false narrations and weak opinions have played with the views of many people, whilst infallibility is only for the Messenger of Allah, may Allah bless him and grant him peace, in what he conveyed on the authority of his Lord, Most Exalted.

This conclusion to this study will not agree with the wishes of many people, but it is enough for me that I have only arrived at it in the light of the evidence and proof of the Law, following the guidance of the basic principles and proper analysis in matters of disagreement with my opponents.

Thus, if you would like to criticise me in any aspect, let it be with arguments from the Book, the authentic Sunnah or agreed principles, not with mere opinion, for one opinion defeats another by its argument.  The most critical thing that can be said about someone who holds such as a view (as mine), it that he is to be excused according to the extent of his striving (ijtihad) and rewarded for his good intentions. Perfection is neither my attribute nor yours, and I have sought an excuse for you despite my disagreeing with your view and refuting it.

Further, I entreat you by Allah, do not refer the argument to the view of the “minority” or the “majority,” or to the dominant fatwa in a particular country, for these are not the refuges of intelligent authorities but rather, such is the state of those who follow uncritically.  And that is enough for you!

Moreover, I entreat you by Allah, do not say to me, “Your view is a tribulation (fitnah),” for tribulation lies in what opposes the message of the Messenger, may Allah bless him and grant him peace, as Allah Exalted said, “Let those who oppose his command beware that a tribulation or painful punishment may befall them.” (Al-Nur or Light, 24:63)  I have referred both you and me in judgment to what the Messenger, may Allah bless him and grant him peace, brought: I have arrived at a view different to yours.  Tribulation lies in concealing the verdict of the Law and covering it up, imagining that exposing it will mislead the masses.

It is Allah alone whom I ask for forgiveness for slips of the mind and tongue, and excesses of the pen and hand.

I also ask Him, Blessed and Exalted, to accept from me my efforts with this book, and similarly for those who have helped me from my family and brethren.  I ask Him to make this and other studies of mine examples that are followed in analysing many issues for this nation: by referring to principles and not to disagreement.  He is the One Whose Help is Sought, and there is no change of state or power except by Him.

You are Glorified, O Allah, and Praised.  There is no god but You.  I seek Your forgiveness and turn in repentance to You.

May Allah bless our master Muhammad, his family and companions, and grant them peace.

A Balanced Islamic View on Music and Singing

June 14, 2009

A BALANCED ISLAMIC VIEW ON MUSIC AND SINGING

Bismillah.  Based largely on the book by Sh. ‘Abdullah Yusuf al-Juday’

Holding Fast to the Way of the Prophet – Imam Shatibi

June 7, 2009

Imam Shatibi’s introduction to Al-I’tisam, his magnificent work on Sunnah and Bid’ah or the importance of holding fast to the authentic way of the Prophet (peace be upon him) in order to attain optimum spirituality and not corrupting it with practices that become an obstacle to true spirituality.  The book includes a powerful refutation of Imam ‘Izz al-Din b. ‘Abd al-Salam’s categorisation of bid’ah into the five categories of wajib, mandub, mubah, makruh and haram.  Al-I’tisam deserves a good translation – any volunteers?

Imam Shatibi – Introduction to the Book of Holding Fast to the Way of the Prophet

Hajj – The Journey of Love

June 7, 2009

An incomplete draft translation of the wonderful Qasidah Mimiyyah by Imam Ibn Qayyim al-Jawziyyah, with explanatory notes.  The translation has reached 133 of the 229 lines (abyat) of the original Arabic text, so there’s still some more to do, God-willing. The English rendering is not great poetry, but I’m simply trying to convey some of the meaning in this great Qasidah.

Hajj – The Journey of Love

Hajj – The Journey of Love (Arabic text)