The Lawful and Prohibited in Islam by

Yusuf al-Qaradawi

I n t r o d u c t i o n Chapter 1: The Islamic Principles Pertaining to Halal and Haram The Basic Asl Refers to the Permissibility of Things To Ma e !a"ful and to Prohibit Is the Right of Allah Alone Prohibiting the Halal and Permitting the Haram Is #imilar to Committing Shirk The Prohibition of Things Is $ue to Their Impurity and Harmfulness %hat is Halal Is #ufficient& %hile %hat is Haram Is #uperfluous

 %hate'er Is Conduci'e to the Haram Is Itself Haram (alsely Representing the Haram as Halal Is Prohibited )ood Intentions $o *ot Ma e the Haram Acceptable $oubtful Things Are To Be A'oided The Haram Is Prohibited to +'eryone Ali e *ecessity $ictates +,ceptions Chapter -: The Halal And The Haram In The Pri'ate !ife of Muslim #ection 1: (ood and $rin The Attitude of the Brahmins Toward Slaughtering Animals and Eating Meat Animals Prohibited to the Jews and Christians The Attitude of the Pre-Islami Arabs Islam Permits !hat Is !holesome o The Prohibition of Eating !hat Is "ead and Its !isdom o The Prohibition of #lowing Blood o Pork o That !hi h Is "edi ated to An$one %ther Than Allah o T$&es of "ead Animals o 'easons for the Prohibition of the #oregoing Categories o Animal Sa rifi es o The E(em&tion of Sea #ood and )o usts o Making *se of the Skin+ Bones+ and Hair of the Animal ,e essit$ "i tates E( e&tions Medi al ,e essit$ ,e essit$ "oes ,ot E(ist if the So iet$ Possesses E( ess #ood The Islami Manner of Slaughtering o All Marine Animals Are Halal o Prohibited Terrestrial Animals o The 'e-uirement of Slaughtering in the Islami Manner o The Conditions of Islami Slaughtering o The !isdom of the Islami Manner of Slaughtering o The Signifi an e of Mentioning Allah.s ,ame o Animals Slaughtered b$ the Peo&le of the Book o Animals Slaughtered for Chur hes and Christian #esti/als o Animals Slaughtered B$ Ele tri Sho k and %ther Methods o The Meat of 0oroastrians and %thers )ike Them o A 'ule1 !hat !e "o ,ot See Should ,ot Be Probed Into Hunting o Conditions Pertaining to the Hunter o Conditions Pertaining to the 2ame o Conditions Pertaining to the Instrument o Hunting with !ea&ons o Hunting with "ogs and the )ike o !hen the 2ame is #ound "ead Into(i ants o All That Into(i ates Is Haram

o o o o o "rugs

!hate/er Into(i ates in )arge Amounts is Haram in An$ Amount Trading in Al ohol Al ohol Cannot Be 2i/en as a 2ift A/oiding "rinking Parties Al ohol+ Itself a "isease+ Cannot Be a Medi ine

o The Consum&tion of Harmful Things is Haram Se tion 3 1 Clothing and Adornment Cleanliness and Beautifi ation Are Chara teristi s of Islam 2old and Silk o 2old and Pure Silk are Haram for Men o The !isdom of These Two Prohibitions Con erning Men o !h$ 2old and Silk are Permitted to !omen The "ress of the Muslim o The "ress of the Muslim !oman o Con erning !oman.s Imitating Man and 4i e 4ersa o "ressing for the Sake of %stentation and Pride Artifi ial Changes of #eatures o 2oing to E(tremes in Beautifi ation b$ Changing !hat Allah Created o The Prohibition of Tattooing+ Cutting the Teeth+ and *ndergoing Surger$ for Beautifi ation o Plu king the E$ebrows o !igs and Hair&ie es o "$eing the Hair

o )etting the Beard 2row Se tion 51 The Home Items 'elated to )u(urious )i/ing and Paganism The *se of 2old and Sil/er o )old and #il'er .tensils #atutes o Islam Prohibits Statues o The !isdom of Prohibiting Statues o The Islami Manner of Commemorating the 2reat o The E(em&tion of Children.s To$s o In om&lete or "efa ed Statues o Paintings and %ne-"imensional %rnaments o The Permissibilit$ of a "ebased #igure Photographs o The Sub6e t Matter of Photogra&hs o A Summar$ of the 'ulings Pertaining to #igures awl Their Makers "ogs

o o

7ee&ing "ogs !ithout ,e essit$ The Permissibilit$ of 7ee&ing Hunting "ogs and !at h "ogs

o The #indings of S ientifi 'esear h 'elati/e to 7ee&ing "ogs Se tion 81 %or and +arning !i'elihood The %bligation to !ork If %ne Is Able !hen Begging is Allowable "ignit$ of !ork Agri ulture o Earning Through Agri ulture o Prohibited Cro&s Industries o Industries and Professions o Industries and Professions Condemned b$ Islam Trade o Prohibited 7inds of Trade o Salaried Em&lo$ment o Prohibited T$&es of Em&lo$ment

A 2eneral 'ule in Earning a )i/ing Cha&ter 51 The Halal And The Haram In Marriage And (amily !ife Se tion 91 The Physical Appetites The Prohibition of A&&roa hing 0ina 7hulwah )ooking !ith "esire at the %&&osite Se( The Prohibition of )ooking at the .Awrah of %thers !hat Ma$ Be Seen of the Man or !oman The "is&la$ of !omen.s Adornment1 !hat Is and !hat Is ,ot !omen.s .Awrah Con erning !omen 2oing to Publi Baths The Prohibition of the "is&la$ of !omen.s Attra tions How a Muslim !oman Should Condu t Herself A !oman.s Ser/ing Male 2uests Se(ual Per/ersion1 A Ma6or Sin

A 'uling Con erning Masturbation Se tion 31 Marriage ,o Monasti ism in Islam Seeing the !oman to !hom %ne Pro&oses Marriage Prohibited Pro&osals The Consent of the 2irl !omen To !hom Marriage is Prohibited o Marriages Prohibited b$ 'eason of #osterage

o In-)aw 'elationshi&s o Sisters as Co-!i/es o Married !omen o Mushrik !omen Marriage to the !omen of the Peo&le of the Book The Prohibition of a Muslim !oman.s Marr$ing a ,on-Muslim Man #orni atresses Tem&orar$ Marriage :Mut.ah; Marr$ing More Than %ne !oman Justi e Among !i/es - A Condition

!h$ Marriage to More Than %ne !oman is Permitted in Islam Se tion 51 The Relationship Bet"een Husband and %ife The Se(ual 'elationshi& Prohibited Inter ourse

2uarding the Se rets Between the Husband and !ife Se tion 81 Contraception 4alid 'easons for Contra e&tion

Abortion Se tion <1 $i'orce Mutual Toleran e Between Husband and !ife 'ebelliousness and Strife !hen "i/or e Be omes Permissible "i/or e in the Pre-Islami Period "i/or e in Judaism "i/or e in Christianit$ o "ifferen es Among Christian "enominations 'egarding "i/or e o Conse-uen es of the Christian Stand on "i/or e o The Christian Stand on "i/or e1 A Tem&orar$ In6un tion+ ,ot a Permanent )aw The Islami )imits for the 'egulation of "i/or e The Prohibition of "i/or ing "uring Menstruation Taking an %ath of "i/or e !here the "i/or ee 'esides "uring the !aiting Period 'e&eated "i/or e 'e on iling Honorabl$ or Se&arating with 7indness The "i/or ed !oman.s #reedom to 'emarr$ The !oman.s 'ight to "emand "i/or e The Prohibition of ill-treatment

The Prohibition of the %ath of "esertion Se tion =1 The 'elationshi& Between Parents and Children

The Prote tion of the )ineage The Prohibition of "en$ing Paternit$ The Prohibition of )egal Ado&tion o A Pra ti al E(am&le of the Abolition of )egal Ado&tion Ado&ting a Child to 'ear and to Edu ate Artifi ial Insemination Attributing the Child to a Man %ther Than the Child.s #ather >"o ,ot 7ill ?our Children> E-ual Treatment of Children %bser/ing the )imits of Allah 'egarding Inheritan e "isobedien e to Parents1 A Ma6or Sin Insulting Parents1 A Ma6or Sin The Parent.s Consent for Jihad

,on-Muslim Parents Cha&ter 81 The Halal And The Haram In The $aily !ife of The Muslim #ection 1: Beliefs and Customs 'es&e t for Allah.s )aws in the *ni/erse The !ar Against Su&erstitions and M$ths Belie/ing in Those !ho #oretell the #uture Constitutes 7ufr "i/ination !ith Arrows Magi Charms and Amulets %mens The !ar Against Jahili Customs ,o Chau/inism in Islam )ineage is !ithout Signifi an e Mourning for the "ead Se tion 31 Business Transactions The Prohibition of Selling Haram 2oods The Prohibition of a Sale In/ol/ing *n ertaint$ Pri e Mani&ulation The Condemnation of Hoarding Interferen e in the #ree Market The Permissibilit$ of Brokerage E(&loitation and #raud >He !ho "e ei/es *s Is ,ot of *s> #re-uent Swearing !ithholding #ull Measure The Prohibition of Bu$ing Stolen Pro&ert$ The Prohibition of Interest The !isdom of Prohibiting Interest The Borrower on Interest and the !riter of the "eed

Con erning the Pro&het.s Seeking 'efuge with Allah from Sale for "eferred Pa$ment :Credit; Pa$ment in Ad/an e Partnershi& Between Ca&ital and )abor Partnershi& Among %wners of Ca&ital Insuran e Com&anies o "o Insuran e Com&anies Constitute Coo&erati/es@ o A Modifi ation o The Islami S$stem of Insuran e The *se of Culti/able )and o 9A Culti/ating the )and Himself o 3A )ending the )and to %thers for Culti/ation o 5A Taking a Pro&ortion of the Cro& o 8A 'enting the )and for Mone$

Partnershi& in 'aising Animals Se tion 51 Recreation and Play >A Time for This and a Time for That> The Humanness of the Messenger of Allah 'ela(ing the Mind Permissible S&orts o #oot 'a ing o !restling o Ar her$ o S&ear Pla$ o Horseba k 'iding o Hunting Pla$ing with "i e1 Ba kgammon Pla$ing Chess Singing and Musi 2ambling+ the Com&anion of "rinking The )otter$+ a #orm of 2ambling

Mo/ies Se tion 81 #ocial Relationships The *nlawfulness of Se/ering Ties with a #ellow Muslim Settling "is&utes >)et ,ot Some Peo&le Mo k at %ther Peo&le> >"o ,ot Slander> >"o ,ot 'e/ile b$ ,i knames> Sus&i ion S&$ing Ba kbiting S&reading 2ossi&

The Sa redness of Honor The Sa redness of )ife >The Murderer and the Murdered !ill Be in Hell> The San tit$ of the )i/es of Allies and ,on-Muslim 'esidents Ca&ital Punishment Sui ide The San tit$ of Pro&ert$ The Prohibition of Briber$ 2ifts to %ffi ials Briber$ to 'edress a !rong

!asteful S&ending Se tion <1 #ocial Relationships S&e ial Consideration for the Peo&le of the Book ,on-Muslim 'esidents of an Islami State Meaning of #riendshi& with ,on-Muslims Seeking Hel& #rom ,on-Muslims

The E(tension of Islam.s *ni/ersal Mer $ to Animals Concluding Remar s

REVIEWER'S NOTE
The methodology of this boo is uni/ue in dealing "ith the many sub0ects it co'ers1 In fact& #hei h 2usuf al34arada"i is a pioneer& the first to handle this sub0ect using this particular approach1 He has attempted& "ith considerable success in the Arabic original& to collect and summari5e the issues from both ancient and modern Islamic references1 Being himself a recogni5ed Islamic scholar& he has had to ma e a 0udgement in selecting those points of 'ie" "hich he strongly felt meet the needs of Muslims in reference to the changing circumstances of this time1 Ho"e'er& this by no means presents all dimensions of the 6discussion relating to each issue& "hich it is impossible to co'er in a boo of this modest si5e1 Although the present 'olume is 'ery useful& it cannot by itself fill the gaps& meet the challenges& or ans"er the multitude of /uestions "hich face Muslim communities li'ing in the %estern "orld1 It is time that sincere and /ualified Muslim scholars "ho ha'e li'ed in the %est& and "ho possess mastery of the Islamic fi-h+ introduce into +nglish a fi-h "hich "ill meet our Islamic needs in this part of the "orld& one "hich "ill demonstrate the ability of Islam& as Allah7s final message to man ind& to meet the changing re/uirements of human society1 %e hope that this call to our brothers and sisters "ill not be lost& and that the Muslims in *orth America "ill carry out the responsibilities "hich confront them in a forceful and dynamic fashion1 Insha.Allah the day "ill not be far off "hen the ma0or reference "or s a'ailable in the Islamic languages 3 Arabic& .rdu& Persian& Tur ish& etc1 3 "ill be accurately translated into +nglish& gi'ing the +nglish3spea ing Muslims the pri'ilege of dra"ing their o"n conclusions concerning the many issues "hich confront them today1 %e pray that Allah "ill forgi'e us& and that He "ill bless our "or and ma e it useful

for the Muslims of the +nglish3spea ing "orld1

Sheikh Ahmad Zaki Hammad

DEFINITIONS
Al-Halal (the lawful): That which is permitted, with respect to which no restriction exists, and the doing of which the Law-Giver, Allah, has allowed. Al-Haram Al-Haram (the prohibited or unlawful): That "hich the !a"3)i'er has absolutely prohibited8 anyone "ho engages in it is liable to incur the punishment of Allah in the Hereafter as "ell as a legal punishment in this "orld1 Al-Makruh Al-Makruh (the detested : That "hich is disappro'ed by the !a"3)i'er but not 'ery strongly1 The makruh is less in degree than the haram+ and the punishment for makruh acts is less than for those that are haram+ e,cept "hen done to e,cess and in a manner "hich leads an indi'idual to"ard "hat is haramA

In the name of Allah, the Compassionate, the Merciful

INTRODUCTION
Say: Who has forbidden the adornment of Allah which He has brought forth for His servants, and the good things of His providing Say: !hey are, on the "ay of #esurrection, e$clusively for those who believed during the life of this world% !hus do we e$plain the signs for those who &now% Say: What my 'ord has indeed prohibited are shameful deeds, whether open or secret, and sin and rebellion without (ust cause, and that you associate with Allah that for which He has sent down no authority, and that you say concerning Allah that about which you do not &now1 9::;-3;;< The )eneral Institute of Islamic Culture of al3A5har .ni'ersity has re/uested me to participate in an academic pro0ect of "riting easily understandable boo s or pamphlets "hich& "hen translated into the +nglish language& "ould introduce Islam and its teachings to +urope and America& educating the Muslims "ho reside there and attracting the non3Muslims to"ard Islam1 Assuredly this pro0ect of producing boo s and pamphlets has both a lofty aim and a broad scope1 It should ha'e been initiated long ago& since many Muslims in +urope and America ha'e 'ery little no"ledge of Islam& and e'en that little has not remained safe from distortion and confusion1 Recently a friend from al3A5har "ho "as sent to one of the states in the .nited #tates of America "rote to us& saying& 6Many Muslims in this state run bars and earn their li'ing through the sale of li/uor& not e'en no"ing that this is a ma0or sin in Islam16 He adds& 6Muslim men marry

Christian& =e"ish and sometimes mushri 9Ascribing partners& or associating others& "ith Allah1 9Trans1<< "omen& passing o'er the Muslim "omen& "ho remain unmarried and ha'e to fend for themsel'es16 If this is the state of the Muslims& "hat can be said of the non3Muslims> People in the %est ha'e a 'ery distorted and ugly picture of Islam& its Prophet 9may Allah7s peace and blessings be on him<& and its follo"ers& a picture painted by Christian missionaries and the representati'es of the imperialist po"ers1 They ha'e used all means of propaganda at their disposal to malign Islam and to pre0udice the minds of people against it& "hile "e& at the same time& ha'e been heedless and neglectful of combating this malicious propaganda1 It is indeed high time to launch an educational pro0ect in order to remedy this situation& to inform people about the truth of Islam& and to in'ite them to"ard it1 %e "elcome this blessed step& commending these de'oted people of al3A5har8 "e re/uest them to redouble their efforts in this direction& and pray to Allah to bless and help them al"ays1 The Institute of Islamic Culture assigned me the tas of "riting on the sub0ect of the la"ful 9al3halal< and the prohibited 9al3haram< in Islam& re/uesting that I present the sub0ect in a simple and easily understandable manner "hich "as also to include a comparison "ith other religions and cultures1 At first glance the sub0ect of the la"ful and the prohibited may seem easy to "rite about& but it is& in fact& e,tremely difficult1 *o pre'ious author& either early or modern& has compiled a boo dealing specifically "ith this topic1 The student "ill find material pertaining to this sub0ect scattered throughout 'arious chapters in boo s on Islamic 0urisprudence 9fi/h<& and bet"een the lines in the commentaries on the 4ur7an and in boo s of the Prophet7s ahadith1 #uch a sub0ect& moreo'er& compels the "riter to be definiti'e concerning many matters about "hich earlier scholars ha'e differed and contemporary scholars are confused1 Conse/uently& to prefer one opinion o'er another in matters relating to the halal and the haram in Islam re/uires patience& thoroughness in research& and intellectual e,ertion on the part of the researcher 3 all this after he has purified his heart from all desires e,cept to please Allah #ubhanahu "a Ta7ala and to see the truth1 It is my obser'ation that most contemporary researchers and "riters about Islam fall into one of t"o groups1 The 'ision of one group has been blinded by the glamour of %estern ci'ili5ation1 ?'era"ed by this great idol& they "orship it& approach it imploringly& and stand before it humbly& "ith do"ncast eyes& accepting %estern principles and customs as unassailable and pro'en beyond doubt1 Accordingly& if some aspect of Islam agrees "ith these principles and customs& they praise and e,tol it& "hile if some aspect opposes them& they try to find similarities and agreements& offer e,cuses and apologies& or resort to far fetched e,planations and distortions& as if Islam had no choice e,cept to surrender to the philosophy and customs of %estern ci'ili5ation1 %hen "e e,amine their 'ie"s& "e find that they permit things "hich Islam has prohibited& such as statues& lotteries& interest& being in pri'acy "ith a non3 mahrem "oman& a man7s "earing gold and sil & and so on1 They fro"n upon things "hich Islam has permitted& such as di'orce and plurality of "i'es& as if& in their 'ie"&

"hate'er is legal in the %est is halal and "hat is illegal is haram1 They forget that Islam is the "ord of Allah and that His "ord is al"ays uppermost1 Islam came to be follo"ed& not to follo"8 to be dominant& not subordinate1 Ho" can the !ord of men follo" men and ho" can the Creator submit to the "hims of His creatures> ()f the reality had been in accord with their desires, the heavens and the earth, and whosoever is therein, would have been in corruption%%%) 9Holy 4ur7an -;::1<

9The numbering of 4ur7anic chapters and 'erses used throughout this boo is the standard numbering used in all editions of the 4ur7an1 The sole e,ception is in relation to #urah al3Maidah& the fifth #urah& the numbering of "hich differs slightly bet"een the translations of A1 2usuf7Ali and those of other translators1 %here 'erses from this surah are cited& the numbering used by 2usuf 7Ali is gi'en first and the numbering used by such translators as Pic thall& Maududi& M1 Asad and others is gi'en in brac ets immediately follo"ing it1 9Trans1<<

(Say: )s there among your partners (whom you associate with Allah) any who guides to the truth Say: Allah guides to the truth% !hen does He Who guides to the truth have more right to be obeyed, or the one who is not guided unless he receives guidance !hen what is wrong with you all How do you (udge ) 91@:;A< The other group is fro5en in its fi,ed opinions concerning /uestions about the halal and the haram& follo"ing a statement in a te,t "hich they assume to be Islam1 They do not budge a hair7s breadth from their position& nor do they try to "eigh their opinion against the arguments of others& and to arri'e at the truth after a comparison and critical e'aluation of all opinions1 If one of them "ere to be as ed his opinion concerning music& singing& chess& "omen7s education& a "oman7s sho"ing her face and hands& and similar matters& the most li ely "ord to issue from his tongue "ould be Haram1 This group has forgotten the caution e,ercised by our righteous forebearers in such matters& "ho ne'er applied the "ord haram to anything unless they ne" it to be definitely prohibited1 If there "ere the slightest doubt concerning the matter they "ould only say& 6%e disappro'e of it6 or 6%e do not li e it&6 or some other similarly mild statement1 I ha'e endea'ored not to be in either of these t"o groups1 I cannot compromise my religion by ta ing the %est as my god after accepting Allah as the !ord& Islam as the religion& and Muhammad 9peace be on him< as the Messenger1 At the same time& I cannot compromise my intellect by follo"ing one particular school of 0urisprudence in all its 0udgements& "hether right or "rong& suspending my o"n faculty of reasoning and discernment1 6A blind follo"er&6 in the "ords of Ibn al3=a"5i& 6does not ha'e any trust in "hat he follo"s1 To imitate is to suspend the use of the intellect& "hereas the intellect is created for thin ing and reasoning1 It is stupidity "hen a person is gi'en a light to sho" him the "ay& he should e,tinguish it and "al in dar ness1779Talbis Iblis& p1 B11< This is "hy I ha'e not confined myself to any one of the se'eral schools of 0urisprudence 9madhahib& singular madhab< pre'alent in the Islamic "orld& for the truth is not the monopoly of any one school1 The leading scholars of these schools ne'er claimed that they "ere infallible8 they "ere& in fact& researchers "ho sought to no" the truth1 If they erred in a ruling they "ill ha'e a re"ard& "hile if they "ere correct& their re"ard "ill be t"ice as great1 #aid Imam Mali & 6The "ord of any person other than the Prophet 9peace be on him< is sometimes accepted and sometimes re0ected1 6 And Imam #hafi7i commented& 6My opinion is correct "ith the possibof its being in error1 An opinion different from mine

is in error "ith the possibility of its being correct16 %hile it is not "orthy of a Muslim scholar "ho is capable of comparing and choosing to tie himself to a single school of 0urisprudence or to submit to the opinion of a particular 0urist& he must gi'e "eight to arguments and proofs1 The 0urist "ith strong arguments and a 'alid proof deser'es to be follo"ed& "hile the one "ith "ea arguments and incorrect proofs should be re0ected& regardless of "ho he is1 ?n this point& )mam *Ali says, +!ruth is not to be learned on the basis of authorities% 'earn the truth and then you will &now who the truthful ones are%+ I ha'e tried& to the best of my ability& to follo" the guidelines of the Institute of Islamic Culture1 Thus I ha'e presented the material supported by arguments& proofs& and comparisons& utili5ing the latest scientific ideas and contemporary no"ledge1 Alhamdulillah& Islam is li e the radiant sun& "hose light bears the proof that it is an eternal religion for all man ind1 (The hue imparted by Allah - and who is better than Allah in imparting a hue?) 9Holy 4ur7an -:1;B< The concept of the la"ful and the prohibited has been no"n to e'ery people since ancient times1 Ho"e'er& people ha'e differed in defining the scope& 'ariety& and causes of taboos and prohibitions& most of "hich "ere a product of their primiti'e beliefs& superstitions& and myths1 Then came the di'inely3re'ealed religions& 9According
to the 4ur7an there has been only one true& authentic faith& Al3Islam1 Islam means the attainment of peace through conscientious and lo'ing submission to the %ill and )uidance of Allah1 This "as the mission of all Prophets and Messengers in human history1 It is the same fundamental faith "hich "as re'ealed to Moses& =esus& and Muhammad 9peace be upon them<1 The original re'elations gi'en to Moses and =esus are no longer a'ailable in their complete& original and unadulterated form1 The 4ur7an is the only di'ine re'elation "hich "as meticulously preser'ed in it7s complete& original& and unadulterated form1 As such& it is to be used as the criterion to 0udge the

"ith their la"s and in0unctions concerning the halal and the haram& uplifting the human being from the le'el of superstition& myth& and tribalism to the le'el of dignity "hich befits a human being1
authenticity of the present forms of pre'ious re'elations1<

Ho"e'er& in the religions re'ealed prior to Islam there "ere some prohibitions and permissions "hich "ere legislated for a temporary period& in relation to the specific conditions of the people and their en'ironments1 (or e,ample& Allah prohibited some good things to the Children of Israel as a punishment for their rebellious attitude8 thereafter& =esus 9peace be on him< told the people that he had come (%%%confirming the truth of what was before me of the !aurat and to ma&e lawful to you some of what was prohibited to you%%%) 9;:A@< 9Taurat refers to the original scripture
re'ealed to the Prophet Moses by )od1<

(inally& "hen man ind had reached the stage of intellectual maturity and "as ready to recei'e the last message from Allah #ubhanahu "a Ta7ala& Islam came "ith its complete& comprehensi'e& and eternal #hari7ah 9la"< for the "hole of man ind1 Concerning this& after mentioning "hat He has prohibited as food& Allah says& (...This day I have perfected your religion for you and have completed my favor upon you, and have chosen Islam for you as the religion...) 9A:;< The Islamic 'ie" of the halal and the haram is 'ery simple and clear1 It is a part of that great trust "hich Allah offered to the hea'ens& the earth& and the mountains& "hich they declined but "hich man accepted1 This trust re/uires man to carry out the duties placed on him by Allah as His 'iceregent on earth and to assume accountability concerning them1 This responsibility is the basis on "hich the human indi'idual "ill

be 0udged by Allah and gi'en his re"ard or punishment1 Because of this trust& Allah ga'e man intellect& "ill po"er& and freedom of choice8 because of this& He sent His messengers and re'ealed His Boo s1 It is not for man to as & 6%hy is there halal and haram> %hy am I not left free to do as I please>6 for this is precisely the test of his freedom of choice and action1 Moreo'er& man is neither a purely spiritual being li e the angels nor simply a creature of instinct li e the animals1 Rather he occupies a position bet"een the t"o: he can attain or e'en surpass the spiritual heights of the angels& or he can sin to the le'el of the beasts& or e'en lo"er1 (rom another perspecti'e& the halal and haram are part of the total legal system of Islam& its #hari7ah& a system "hose primary ob0ecti'e is the good of man ind1 The Islamic #hari7ah remo'es from human beings harmful& burdensome customs and superstitions& aiming to simplify and ease the business of day3today li'ing1 Its principles are designed to protect man from e'il and to benefit him in all aspects of his life1 And they are designed to benefit e'eryone in the community the rich and the poor& the rulers and the ruled& the men and the "omenas "ell as to benefit the "hole of humanity throughout the earth in 'arious countries and climes& "ith its multitude of groupings& and in e'ery period of time throughout succeeding generations1 This religion came as a mercy from Allah to include all His ser'ants in the final stage among the 'arious stages of man1 Concerning His Messenger 9peace be on him< Allah says& (And we have not sent thee e$cept as a mercy for all the worlds%) 9-1:1@:<& and the ,rophet (peace be on him) himself said, +) am a merciful gift+1 9Reported by al3Ha im on the authority of Abu Hurairah8 al3$hahabi classifies this hadith as authentic1< ?ne aspect of this mercy is that Allah remo'ed from the Muslim ummah 9nation or community< all traces of fanaticism and 5ealotry& as "ell as all the means of declaring things to be halal and haram8 contrary to the case of the idolatrous and the People of the Boo 9=e"s and Christians<& "hose priests had prohibited the good things and permitted the foul1 Allah says: (... y mercy embraces all things. Thus I shall ordain it for those who are conscious (of me) and who give the purifying alms (!a"at), and those who believe in our revelations.) 9::1AC< The Islamic criteria "ith regard to the halal and haram are embodied in the follo"ing t"o 'erses& "hich "e ha'e placed at the beginning of this boo : (Say: Who has forbidden the adornment of Allah which He has brought forth for His servants, and the good things of His providing Say: !hey are, on the "ay of #esurrection, e$clusively for those who believed during the life of this world% !hus do we e$plain the signs for those who &now% Say: What my 'ord has indeed prohibited are shameful deeds, whether open or secret, and sin and rebellion without (ust cause, and that you associate with Allah that for which He has sent down no authority, and that you say concerning Allah that about which you do not &now%) 9::;-3;;< In 'ie" of the fact that the halal and haram constitute such an important sub0ect& I belie'e that this boo & in spite of its modest si5e& "ill fill a gap in the library of the contemporary Muslim8 that it "ill sol'e many problems "hich he faces in his personal& family& and social life8 and that it "ill ans"er many /uestions of this ind: %hat is permitted to me> %hat is prohibited to me> And "hat is the reason for

permitting this and prohibiting that> In bringing this introduction to a close& I "ould li e to e,press my than s to the scholars of al3A5har and the Institute of Islamic Culture for placing their trust in me to deal "ith such a 'ital sub0ect1 I hope I ha'e pro'ed "orthy of their trust and ha'e achie'ed their ob0ecti'e1 I pray to Allah #ubhanahu "a Ta7ala to benefit those people "ho read this boo & to gi'e us truthfulness in "hat "e say and do& to eep our thoughts and our pens from aberrations& and to guide us in all our affairs1 It is He alone "ho listens to supplications1 "r% -usuf al-.aradawi Safar /0123August /452

THE ISLAMIC PRINCIPLES PERTAINING TO HALAL AND HARAM

The /uestion of "hat ought to be halal 9la"ful< and haram 9prohibited< "as one of the matters concerning "hich& prior to the ad'ent of Islam& the peoples of the "orld had gone 'ery far astray and "ere utterly confused& permitting many impure and harmful things and prohibiting many things that "ere good and pure1 They erred grie'ously& going either far to the right or far to the left1 ?n the e,treme right "as the ascetic Brahmanism of India and the self3denying monasticism of Christianity1 In addition to these t"o& there "ere other religions "hich "ere based on the principles of the mortification of the flesh& abstention from good food& and a'oidance of other en0oyments of life "hich Allah has pro'ided for human beings1 Christian monasticism attained its pea during the Middle Ages "hen the a'oidance of good and pure things among the mon s& thousands in number& reached the point at "hich "ashing one7s feet "as considered a sin and entering a bath "as something to regret and repent1 ?n the e,treme left& the Ma5da philosophy emerged in Persia& ad'ocating absolute freedom and allo"ing people to ta e "hate'er they "anted and do "hate'er they pleased& e'en e,horting them to 'iolate "hat is naturally held in'iolable by human beings1 The Arabs of the pre3Islamic era pro'ide a note"orthy e,ample of utter confusion regarding the criteria for ma ing la"ful or prohibiting things and actions1 They permitted the drin ing of alcohol& the ta ing of usury at e,orbitant rates& the torturing and secluding of "omen& and many similar practices1 Those "ho had diabolical minds made alluring to many of them the illing of their o"n children& until& suppressing their natural paternal feelings& they obeyed them1 As Allah #ubhanahu "a Ta7ala says: Thus have their partners made alluring to many of the idolaters the "illing of their children, in order to destroy them and to confuse for them their religion. 9C:1;:< These 6partners6 from among the guardians of the idols had de'ised many impressi'e arguments to persuade fathers to ill their children8 among them "ere the fear of

actual or anticipated po'erty& the impending shame in case of a daughter& and the closeness to the gods to be attained by the sacrifice of a son1 It is strange that these same people "ho permitted the illing of their children by cutting their throats or burying them ali'e had prohibited to themsel'es the eating of certain agricultural produce and the flesh of cattle1 #tranger still is that they considered such prohibitions as part of their religion& attributing them to Allah7s command1 9It should be noted that "hile "orshipping and ascribing po"ers to numerous male and female
deities the pagan Arabs of the pre3Islamic era possessed the concept of a supreme $eity& Allah& ascribing to Him many false attributes and la"s1 9Trans1<<

But Allah re0ected their false claim: And they say, #These cattle and crops are sacred$ none shall eat of them e%cept those whom we wish#, so they assert#and cattle whose bac"s are prohibited (to burden), as well as cattle on which (at slaughter) the name of Allah is not mentioned# a forgery against &im. &e will assuredly recompense them for what they have forged. 9C:1;B< Moreo'er& the 4ur7an e,posed the error of those "ho made halal "hat should ha'e been prohibited and made haram "hat should ha'e been permitted: 'ost are those who "ill their children in folly, without "nowledge and prohibited what Allah has provided them, forging (lies) against Allah. They have indeed gone astray and are without guidance . 9C:1D@< %hen Islam came& the errors& confusions& and de'iations "ith respect to the /uestion of halal and haram "ere 'ery "idespread1 ?ne of Islam7s initial accomplishments "as& therefore& to establish certain legal principles and measures for rectifying this important matter8 these principles "ere then made the determining criteria on "hich the /uestions of "hat is halal and "hat is haram "ere to be based1 Thus this 'ital aspect "as determined according to the correct perspecti'e& and rules related to matters of halal and haram "ere established on the basis of principles of 0ustice1 The ummah 9nation< of Islam thus became an ummah occupying a position bet"een the e,tremist de'iations to the right and left& "hich Allah Ta7ala describes as a 6middle ummah+ the best ummah that has e'er been brought forth for man ind16 9;:11@<

1. The Basic As Re!e"s #$ #he Pe"%issi&i i#' $! Thi()s

The first asl 9Asl& plural usual& denotes origin& source& foundation& basis& fundamental or principle1 9Trans1<<+ or principle& established by Islam is that the things "hich Allah has created and the benefits deri'ed from them are essentially for man7s use& and hence are permissible1 *othing is haram e,cept "hat is prohibited by a sound and e,plicit nas :,as denotes
either a 'erse of the 4ur7an or a clear& authentic& and e,plicit sunnah 9practice or saying< of Prophet Muhammad1

from the !a"3)i'er& Allah #ubhanahu "a Ta7ala1 If the nas is not sound& as for e,ample in the case of a "ea hadith+ or if it is not e,plicit in stating the prohibition& the original principle of permissibility applies1
These are the t"o main sources of Islamic la"& i1e1& its Shari.ahA 9Trans1<<

The scholars of Islam ha'e deri'ed this principle of the natural usability and permissibility of things from the clear 'erses of the 4ur7an1 (or e,ample& Allah says: It is &e who created all that is in the earth for you.... 9-:-E< &e has sub(ected to you, from &imself, all that is in the heavens and all that is on the earth.... 9DA:1;< )o you not see that Allah has sub(ected to you whatever is in the heavens and what is on earth, and has

showered upon you &is favors, both apparent and unseen? 9;1:-@< It cannot be that Allah& may He be glorified& "ould create all these things& gi'e man control o'er them& count them as His fa'ors upon him& and subse/uently inform him that their use is prohibited8 ho" could this be "hen He created all this for man7s use and benefit> Indeed& He has prohibited only a fe" things for specific reasons& the "isdom of "hich "ill be discussed later1 In Islam the sphere of prohibited things is 'ery small& "hile that of permissible things is e,tremely 'ast1 There is only a small number of sound and e,plicit te,ts concerning prohibitions& "hile "hate'er is not mentioned in a nas as being la"ful or prohibited falls under the general principle of the permissibility of things and "ithin the domain of Allah7s fa'or1 In this regard the Prophet 9peace be on him< said: *hat Allah has made lawful in &is +oo" is halal and what &e has forbidden is haram, and that concerning which &e is silent is allowed as &is favor. ,o accept from Allah &is favor, for Allah is not forgetful of anything. &e then recited, -And thy 'ord is not forgetful.- 91E:CD< 9This hadith
"as reported by al3Ha im& claBBified as sahih 9sound<& and /uoted by al3Ba55ar1<

#alman al3(arsi reported that "hen the Messenger of Allah 9peace be on him< "as as ed about animal fat& cheese& and fur& he replied& -The halal is that which Allah has made lawful in &is +oo" and the haram is that which &e has forbidden, and that concerning which &e is silent &e has permitted as a favor to you.- 9Reported by al3Tirmidhi and Ibn Ma0ah1< Thus& rather than gi'ing specific ans"ers to "hat the /uestioner had as ed& the Prophet 9peace be on him< referred to the general criterion for determining the halal and the haramA Accordingly& it is sufficifor us to no" "hat Allah has made haram+ since "hat is not includedin it is pure and permissible1 The Prophet 9peace be on him< also said: Allah has prescribed certain obligations for you, so do not neglect them$ &e has defined certain limits, so do not transgress them$ &e has prohibited certain things, so do not do them$ and &e has "ept silent concerning other things out of mercy for you and not because of forgetfulness, so do not as" .uestions concerning them. 9Reported by aI3 $ar/utni and classified as hasan 9good< by al3*a"a"i1< I "ould li e to emphasi5e here that the principle of natural permissibility is not only limited to things and ob0ects but also includes all human actions and beha'ior not related to acts of "orship& "hich may be termed li'ing habits or day3to3day affairs1 Here again& the principle is that these are allo"ed "ithout restriction& "ith the e,ception of a small number of things "hich are definitely prohibited by the !a"3 )i'er& Allah #ubhanahu "a Ta7ala& %ho says: ...&e (Allah) has e%plained to you what &e has made haram for you.... 9C:11E< including both ob0ects and actions1 The case is different& ho"e'er& in relation to acts of "orship1 These are purely religious acts "hich can be ta en only from "hat Allah Himself re'eals1 Concerning this "e ha'e a sound hadith1 -Any innovation in our matter (worship) which is not a part of it must be re(ected.## :This hadith is classified as muttafa-.ala$h 96agreed upon6 by the t"o great scholars al3Bu hari and Muslim<1< Anyone "ho in'ents or originates a form of "orship on his o"n has gone astray and must be repudiated& for only the !a"3)i'er Himself has the right to originate acts of "orship through "hich human beings may see nearness to Him1 !i'ing habits and

day3today matters& ho"e'er& did not originate "ith the !a"3)i'er8 they "ere originated and acted upon by human beings themsel'es1 Thus the !a"3)i'er inter'enes only to rectify& to moderate& or to refine them& and occasionally to identify some practices "hich are harmful or "hich may lead to strife1 The great Islamic scholar Ibn Taymiyyah states& Peoples7 sayings and actions are of t"o inds: acts of "orship by "hich their religion is established& and customary practices "hich are re/uired for day3to3day li'ing1 (rom the principles of the Shari.ah+ "e no" that acts of "orship are those acts "hich ha'e been prescribed by Allah or appro'ed by Him8 nothing is to be affirmed here e,cept through the Shari.ahA Ho"e'er& as far as the "ordly acti'ities of people are concerned& they are necessary for e'eryday life1 Here the principle is freedom of action8 nothing may be restricted in this regard e,cept "hat Allah #ubhanahu "a Ta7ala has restricted1 This is the case because commanding and prohibiting are both in Allah7s hands1 As far as "orship is concerned& there has to be a command from Him concerning it1 Thus& "hen it re/uires a command 9from Allah< to establish something& ho" can "e say that something is restricted "ithout His command> This is "hy Ahmad 9bin Hanbal< and other 0urists& "ho base their 0udgements on ahadith+ (!lural of hadith. (Trans. say: In relation to acts of "orship& the principle is limitation :taw-eef;B that is to say& nothing can be legislated in this regard e,cept "hat Allah Himself has legislated1 To do other"ise is to incur the ris of being included in the meaning of the a$ah1 #)o they have partners (with Allah) who have prescribed for them in religion that concerning which Allah has given no permission?# 9D-:-1< But as far as li'ing habits are concerned& the principle is freedom because nothing can be restricted in this regard e,cept "hat Allah Himself has prohibited1 Here& to do other"ise& is to be included in the meaning of His saying: #,ay/ )o you see what Allah has sent down to you for sustenance? 0et you have made some part of it halal and some part haram.# 91@:AE< This is a great and beneficent principle& on the basis of "hich "e can say that buying& selling& leasing& gi'ing gifts& and other such matters are necessary acti'ities for people& as are eating& drin ing& and the "earing of clothes1 If the Shari.ah says something concerning these mundane matters& it is in order to teach good beha'ior1 Accordingly& it has prohibited "hate'er leads to strife& has made obligatory that "hich is essential& has disappro'ed that "hich is fri'olous& and has appro'ed that "hich is beneficial1 All this has been done "ith due consideration for the inds of acti'ities in'ol'ed& their magnitudes& and properties1 #ince this is the stand of the Shari.ah+ people are free to buy& sell& and lease as they "ish& 0ust as they are free to eat and to drin "hat they li e as long as it is not haramA Although some of these things may be disappro'ed& they are free in this regard& since the Shari.ah does not go to the e,tent of prohibiting them& and thus the original principle 9of permissibility< remains1 :Al-Cawa.id al-,urani$ah al-#i-hi$ah by Ibn
Taymiyyah& pp1 11-311;1 In accordance "ith this principle& Ibn Taymiyyah& his pupil& Ibn al34ayyim& and the Hanbali 0urists in general hold that contracts and the conditions laid do"n in them are essentially permissible& as any contract not in'ol'ing any matter "hich is te,tually established as haram is 'alid1<

This principle is also supported by "hat is reported in a sound hadith by the Prophet7s Companion& =abir bin 7Abdullah1 He said& 6%e used to practice .aDl : oitus interru&ts+ or "ithdra"al before e0aculation during intercourse< during the period "hen the 4ur7an "as being re'ealed1 If the practice "ere to ha'e been prohibited& the 4ur7an

"ould ha'e prohibited it16 He therefore concluded that if the di'ine re'elation "as silent about something& it "as permissible and people "ere free to practice it1 Assuredly the Prophet7s Companions 9may Allah be pleased "ith them< had a perfect understanding of the Shari.ahA Accordingly& this great principle that no "orship can be legislated e,cept by the command of Allah& and no practice can be prohibited e,cept by His prohibition is firmly established1

*. T$ Ma+e La,!- a(. #$ P"$hi&i# Is #he Ri)h# $! A ah A $(e

The second principle is that Islam has restricted the authority to legislate the haram and the halal+ ta ing it out of the hands of human beings& regardless of their religious or "orldly position& and reser'ing it for the !ord of human beings alone1 *either rabbis nor priests& ings or sultans& ha'e the right to prohibit something permanently to Allah7s ser'ants8 if someone does this& he has certainly e,ceeded his limits& usurping the so'ereignty "hich& "ith respect to legislating for the people& belongs to Allah #ubhanahu "a Ta7ala alone1 ?thers "ho ac/uiesce "ith this transgression of such usurpers and act upon "hat they ha'e legislated thereby ele'ate them to the ran of partners or associates "ith Allah: )o they have partners (with Allah) who have prescribed for them in religion that concerning which Allah has given no permission? 9D-:-1< They have ta"en their rabbis and priests as lords besides Allah, and the essiah, son of ary, although they were commanded to worship no one e%cept the 1ne Allah. There is no )eity but &e, glory be to &im above what they associate with &im2 9E:;1< The 4ur7an too to tas the People of the Boo & that is& Christians and =e"s& for putting the po"er to ma e la"ful and to prohibit things and actions into the hands of their rabbis and priests1 7Adi bin Hatim& "ho had been a Christian before accepting Islam& once came to the Prophet 9peace be on him<1 %hen he heard him reciting the abo'e a$ah he said& 6? Messenger of Allah& but they do not "orship them16 The Prophet 9peace be on him< replied& 0es, but they prohibit to the people what is halal and permit them what is haram, and the people obey them. This is indeed their worship of them . 9Reported and classified as hasan by al3Tirmidhi and others1< Christians still claim that =esus 9peace be on him<& before ascending to hea'en& 'ested in His apostles the authority to declare things permissible or prohibited as they sa" fit& as reported in Matthe" 1B:1B: I tell you this: "hate'er you forbid on earth shallbe forbidden in hea'en& and "hate'er you allo" on earth shall be allo"ed in hea'en1 The 4ur7an also too the pto tas for legislating and prohibiting things "ithout any authority from Allah: )o you see what Allah has sent down to you for sustenance and yet you have made some part of it halal and some part haram? 91@:AE< And do not say, concerning the falsehood which your tongues utter, #This is halal and that is haram,' in order to fabricate a lie against Allah$ assuredly those who fabricate a lie against Allah will not prosper. 91C:11C< (rom these e,plicit 'erses of the 4ur7an and from clear ahadith of the Prophet 9peace

be on him<& the 0urists of Islam grasped "ith certainty that it is Allah #ubhanahu "a Ta7ala alone %ho has the right to ma e la"ful or to prohibit a matter& either through His Boo or through the tongue of His Messenger 9peace be on him<1 The 0urists7 tas does not go beyond e,plaining "hat Allah has decreed to be halal or haram -when &e has e%plained to you in detail what &e has made haram for you.- 9C:11E< It is definitely not their tas to decide "hat is to be allo"ed and "hat is to be prohibited to human beings1 Thus the great 0urists& in spite of their scholarship and ability of i6tihad 9deduction from analogy<& shied a"ay from pronouncing 0udgements concerning matters of halal and haram+ passing the problem from one to the other out of fear of committing the error of declaring halal "hat is actually haram and 'ice3'ersa1 In his boo Al-*mm+ Imam #hafi7i narrated that Abu 2usuf& a companion of Abu Hanifah and a chief 0udge :-adi;+ said: I no" that our no"ledgeable teachers a'oided saying& 7This is halal and that is haram+. apart from "hat they found clearly stated "ithout re/uiring an interpretation in the Boo of Allah1 %e ha'e been told by Ibn al3#aib that al3Rabi7 bin Fhaytham& one of the greatest of the second generation Muslims& said& 7Be"are that none of you says& 6Allah has made this la"ful or appro'es of it&6 and that Allah may then say that He did not ma e it la"ful nor appro'e it& or that you say& 6Allah has prohibited this&6 and that Allah may then say& 62ou lieG I did not prohibit it nor disappro'e of it16 #ome companions of Ibrahim al*a h7i& a great 0urist of Fufah among the second generation Muslims& ha'e told us of his mentioning his colleagues as saying& "hen they ga'e a 0udgement concerning something& 7It is disappro'ed7 or 7There is no harm in it&7 rather than& 7It is haram. or 7It is halal+. as haram and halal are terms of much greater import1 9AI3.mm& 'ol1 :& p1 ;1:1< This is "hat Abu 2usuf has reported concerning our righteous forebearers and "hat al3#hafi7i has /uoted from him& in agreement "ith his position1 #imilarly& Ibn Muflih reported the great scholar Ibn Taymiyyah& as saying that the 0urists of the early days of Islam did not term anything haram unless it "as definitely no"n to be so1 (This is further supported "# the fact that the companions did not give up the drinking of alcohol after the revelation of the $ur%anic verse, &The# ask thee concerning wine and gam"ling. 'a#( )n them is great sin and some "enefit,& (*(*+, since this verse did not definitel# prohi"it drinking prior to the revelation of the verses in Surah al-Maida. (-(,.-,/ (,0-,+ In the same spirit& the great imam Ahmad ibn Hanbal& "hen as ed about some matter& "ould say& 6I disappro'e of it6 or 6It does not appeal to me&6 or 6I do not li e it6 or 6I do not prefer it16 #imilar reports are narrated concerning Mali & Abu Hanifah& and all the other imams 9may Allah be pleased "ith them<1 9This is a lesson to the follo"ers of such imams "ho freely use the "ord >haram. "ithout ha'ing a proof& or e'en a semblance of proof1<

/. P"$hi&i#i() #he Halal a(. Pe"%i##i() #he Haram Is Si%i a" #$ C$%%i##i() Shirk
%hile Islam reprimands all those "ho& on their o"n authority& declare "hat is la"ful and "hat is prohibited& it is more strict "ith respect to those "ho 'oice prohibitions8 for the tendency to set up prohibitions results in hardship for human beings& un0ustifiably narro"ing "hat Allah has made spacious for His creatures1 Moreo'er& this tendency is pre'alent among some of those "ho go to e,tremes in matters of religion and must be chec ed1 The Prophet 9peace be on him< fought against this

pseudo3pietism and 5ealotry by e'ery means& "arning those "ho indulged in it "ith the "ords& -The !ealots will perish,- repeated three times. 9Reported by Muslim& Ahmad& and Abu $aoud1< The Prophet 9peace be on him< characteri5ed his Message by saying& -I have been sent with what is straight and easy-. 9Reported by Ahmad< The straightness of his Message consists of belief in tawheed 9the unity of Allah< and its ease in practice and legislation& in contrast to shirk (Ascri"ing partners, or associating others, with Allah. (Trans. and to the prohibiting of good things of this life1 The Prophet 9peace be on him< has mentioned all this in a hadith -udsi (A hadith in which the !rophet (peace "e on him refers a sa#ing to Allah, the !rophet himself "eing merel# the narrator. 1nlike the $ur%an, one cannot sa# of a hadith quasi that &Allah said it.& )n the case of a hadith quasi, the meaning is from Allah "ut the words are the !rophet%s, transmitted to him either through a vision or revelation. (Trans. + reporting the saying of Allah Ta7ala: They prohibited to people what I had made lawful for I created people upright (hunafah). Then the evil ones came to them and led them astray from their religion them and commanded them to associate with e that for which I had not sent down any authority. 9Reported by Muslim1< Prohibiting something "hich is halal is similar to committing shirk+ and this is "hy the 4ur7an censures the idolaters of Arabia for their polytheism& their idols& and for prohibiting to themsel'es& "ithout any authority from Allah& the eating and the use of certain inds of produce and cattle1 Among these prohibited animals "ere those "hich "ere called bahirah+ saibah+ wasilah+ and ham during the pre3Islamic period of 6ahili$$ahA (The state of mind and conditions of life prior to the advent of )slam, characteri2ed "# deviation from the guidance of Allah and the adoption of ungodl# s#stems and wa#s of life. (Trans. Bahirah 9the slit3eared< denoted a female camel "hich had gi'en birth to fi'e cal'es& the last of "hich "as a male1 The ear of such a camel "as slit and she "as loosed to roam freely8 she "as not to be ridden& mil ed& or slaughtered& and "as free to eat and drin from any place she li ed "ithout hindrance1 Saibah referred to a male or female camel "hich "as released to roam freely because of a 'o"& usually made follo"ing a safe return from a 0ourney& the cure of an illness& or for some other reason1 As for wasilah+ if the firstborn of a female goat "ere a male& the polytheists "ould sacrifice him to their gods& "hile if it "ere a female they "ould eep her for themsel'es1 In the case of t"in offspring& one female and the other male& they "ould say& 6He is her brother&6 and instead of sacrificing the male they "ould release him to roam free8 he "as no"n as wasilahA And if a male camel7s second generation offspring "as capable of carrying a rider& they "ould let the older camel go free& saying& 6He sa'ed his bac &6 and calling him al-hamA %hile there are other interpretations of these four terms& they are all of a similar nature1 The 4ur7an re0ected these prohibitions and left no e,cuse for those "ho practiced them to follo" the errors of their forefathers: Allah did not institute bahirah or saibah or wasilah or ham; but those who disbelieve forge a lie against Allah, and most of them do not use their reason. *hen it is said to them, #3ome to what Allah has revealed and to the essenger,# they say, #*hat we found our fathers doing is enough for us.# *hat2 And even though their fathers did not "now anything and were not rightly guided? 9A:1@;3 1@D< In Surah al-An.am+ there is a detailed discussion of "hat such people claimed to be haram of camels& o,en& sheep& and goats1 In this conte,t the 4ur7an uses an ironic

style of rhetorical /uestioning to con'ince them of their error: 4ight pairs (of cattle), two of sheep and two of goats. ,ay/ &as &e forbidden the two males or the two females or that which the wombs of the two hold? Inform me with "nowledge if you are truthful. And two (pairs) of camels and two of o%en. ,ay/ &as &e forbidden the two males or the two females? 9C:1D;31DD< In another discussion contained in Surah al-A.raf+ Allah #ubhanahu "a Ta7ala re0ects the claims of all prohibitors& laying do"n the final criteria go'erning prohibitions: ,ay/ *ho has forbidden the adornment of Allah which &e has brought forth for &is servants, and the good things of &is providing?...,ay/ *hat my 'ord has indeed prohibited are shameful deeds, whether open or secret, and sin and rebellion without (ust cause, and that you associate with Allah that for which &e has sent down no authority, and that you say concerning Allah that about which you do not "now. 9::;-3;;< A significant aspect of these discussions is that they "ere re'ealed in Ma ah1 The Ma an re'elations in'ariably dealt "ith matters of faith& the oneness of Allah Ta7ala& and the Hereafter1 %e may therefore deduce that& in the sight of Allah& this matter of declaring things to be prohibited "ithout any authority from Him "as not a minor matter but one "hich pertained to the fundamentals and general principles of the faith1 In Madinah certain Muslims sho"ed a tendency to"ard asceticism& denying themsel'es some permissible pleasures1 Then& in order to eep them "ithin the limits set by Himself and bring them bac to the straight path of Islam& Allah re'ealed the follo"ing strongly3"orded 'erses: 0ou who believe2 )o not ma"e haram the good things which Allah has made halal for you, and do not transgress$ indeed, Allah does not li"e the transgressors. And eat of what Allah has provided for you, lawful and good, and fear Allah, in *hom you are believers. 9A:B:3BB<

0. The P"$hi&i#i$( $! Thi()s Is D-e #$ Thei" I%1-"i#' a(. Ha"%!- (ess

It is the right of Allah& the ?ne %ho created human beings and besto"ed innumerable gifts on them& to legali5e or prohibit as He deems proper& and to place obligations and responsibilities upon them as He sees fit1 As His creatures& they ha'e neither the right to /uestion nor to disobey Him1 But Allah #ubhanahu "a Ta7ala is not arbitrary in "hat He commands1 Because He is merciful to His ser'ants& He ma es things halal and haram for a reason& "ith peoples7 "ell3being in 'ie"1 Accordingly& He has neither permitted anything e,cept "hat is pure nor has He prohibited anything e,cept "hat is impure1 It is true that Allah Ta7ala had prohibited certain good things to the =e"s& but this "as only as a punishment for their rebelliousness and transgression of the limits set by Allah1 Thus He says: And to the 5ews *e forbade every animal with claws, and of cattle and sheep *e have forbidden them their fat, e%cept what is carried on their bac"s or entrails, or what is connected to the bone$ thus did *e recompense them for their rebelliousness, and indeed, *e spea" the truth. 9C:1DC< +lse"here in the 4ur7an Allah has described other manifestations of this rebellious

attitude: +ecause of the wrongdoing of the 5ews, *e prohibited to them some of the good things which had been permitted to them, and because of their hindering many from the path of Allah, and their ta"ing usury although they had been forbidden to do it, and their wrongfully devouring peoples wealth... 9D:1C@31C1< %hen Allah sent His final Messenger 9peace be on him< "ith the eternal complete religion to humanity after it had de'eloped to a state of maturity& He demonstrated His mercy by remo'ing these prohibitions& "hich had been a temporary penalty for a rebellious& stiff3nec ed people1 ('ee, for example, 3xodus .*(,. (Trans. And the coming of the Prophet 9peace be on him< "ho "ould relie'e them of this burden "as foretold to the =e"s and Christians& "ho& as the 4ur7an states: ...they find described in their own scriptures, in the Taurat and the Injeel. &e commands them what is right and forbids them what is evil$ &e ma"es lawful to them what is good and ma"es unlawful what is foul$ &e releases them from their burdens and from the yo"es which were upon them... 9::1A:< :Taurat refers to the original scripture re'ealed to the Prophet Moses by )od& and In6eel to "hat He re'ealed to the Prophet =esus1 These are not to be confused either "ith the e,isting Torah or ?ld Testament& or the four )ospels of the *e" Testament1 9Trans1<< In Islam& "ays other than prohibiting the good things "ere prescribed by Allah Ta7ala for the eradication of sins: sincere repentance7 "hich cleanses sins as "ater cleanses dirt8 good deeds& "hich compensate for e'il ones8 spending in charity& "hich e,tinguishes fire8 and trials and sufferings& "hich disperse sins as the "inter "ind disperses dry lea'es1 Accordingly& "e no" that in Islam things are prohibited only because they are impure or harmful1 If something is entirely harmful it is haram+ and if it is entirely beneficial it is halalB if the harm of it out"eighs its benefit it is haram+ "hile if its benefit out"eighs its harm it is halalA This principle is e,plained in the 4ur7an in relation to "ine and gambling: They as" thee concerning wine and gambling. ,ay (6 ,rophet): In them is great sin and some benefit for human beings, but the sin is greater than the benefit.... 9-:-1E< By the same logic& if it is as ed& "hat is halal in Islam& the ans"er is& the good things1 )ood things are those "hich moderate people ac no"ledge to be "holesome and "hich are appro'ed by human beings in general "ithout relation to the habits of a particular group1 Allah Ta7ala says: They as" thee what is lawful to them (as food). ,ay/ *hatever is good is lawful to you.... 9A:D< He also says: Today whatever is good is made lawful to you....9A:A< The Muslim is not re/uired to no" e,actly "hat is unclean or harmful in "hat Allah has prohibited8 it may be hidden from him but be apparent to someone else& or its harm may not ha'e been disco'ered during his lifetime but may be understood at a later period1 %hat is re/uired of a Muslim is simply to say& 6%e ha'e heard and "e shall obey16 $o "e not obser'e that Allah prohibited the eating of por "ithout the Muslims being a"are of the reason for its prohibition apart from the fact that the pig is a filthy animal> Centuries passed& and then scientific research disco'ered the presence of parasites and deadly bacteria in its flesh1 2et e'en if scientific research had disco'ered nothing in por & or if it had disco'ered much more than this& the Muslim "ould still continue to belie'e it to be unclean1 Another e,ample of this is in the Prophet7s saying: -Avoid three abominable acts (that is, the one who does them is cursed by Allah and by the people)/ defecating in streams,

defecating on roadways, and defecating in shaded places.- 9Reported by Abu $aoud& Ibn Ma0ah and al3Ha im& and classified as sahih by Baiha/i1< People of earlier times merely ne" that these "ere filthy acts& abhorrent to ci'ili5ed taste and public manners1 %ith the ad'ancement of science& "e no" no" that these -three abominable acts- are ha5ards to public health& as they are the root cause of the spread of such dangerous diseases as hoo "orm 9an ylostoma< and bilhar5ia 9schistosomiasis<1 Thus& as the light of no"ledge penetrates more deeply and ne" disco'eries are made& the beneficial aspects of the Islamic legislation relating to the la"ful and the prohibitedin fact& the benefits of all its legal in0unctions become apparent to us1 Ho" could it be other"ise "hen they come from the %ise& All3Fno"ing& and Merciful )od> %%%and Allah &nows the mischief-monger from the one who puts things aright% And if Allah had willed, He could have put you into difficulties7 indeed, Allah is 8ighty, Wise111and Allah no"s the mischief3monger from the one "ho puts things aright1 And if Allah had "illed& He could ha'e put you into difficulties8 indeed& Allah is Mighty& %ise1 9-:--@<

2. Wha# is Halal Is S-!!icie(#3 Whi e Wha# is Haram Is S-1e"! -$-s

?ne of the beauties of Islam is that it has prohibited only such things as are unnecessary and dispersible& "hile pro'iding alternati'es "hich are better and "hich gi'e greater ease and comfort to human beings1 This point has been e,plained by Ibn al34ayyim: Allah has prohibited see ing omens by dra"ing lots but has pro'ided the alternati'e of istikhara ()slam teaches that if the Muslim faces a pro"lem he should consult with others and seek guidance fAllah. The meaning of istikhara is to ask guidance from Allah in making a choice "etween two conflicting decisions. 4or this there is a salat and a du'a (supplication . "hich is a supplication for see ing Allah7s guidance1 He has prohibited usury but has encouraged profitable trade1 gambling but has permitted betting on forms of competition "hich 9the Muslims< religious stri'ing& such as horse or camel racing mar smanship1 He has prohibited 9to men< the "earing of sil but has gi'en them materials such as "ool& linen& and cotton1 He has prohibited are useful for their and competing in the choice of other

He has prohibited adultery& fornication& and homose,uality but has encouraged la"ful marriage1 He has prohibited into,icating drin s in order that they may en0oy other delicious drin s "hich are "holesome for the body and mind1 And He has prohibited unclean food but pro'ides alternati'e "holesome food1 :'awdah al-Muhibbeen+ &A 9E+ and A.alam al-Muwa--.in+ 'ol1 -& p11111< Thus& "hen "e sur'ey the Islamic in0unctions in their totality& "e find that if Allah limits the choice of His ser'ants in relation to some things& He pro'ides them "ith a still "ider range of more "holesome alternati'es in relation to other things of a

similar ind1 (or assuredly Allah has no desire to ma e peoples7 li'es difficult& narro"& and circumscribed8 on the contrary8 He desires ease& goodness& guidance& and mercy for them& according to His saying: Allah desires to ma"e clear to you and to guide you to the ways of the (righteous) people before you and to turn to you in mercy$ and Allah is 6nowing, *ise. And Allah desires to lighten your burden, for man was created wea". 9D:-C3-B<

4. Wha#e5e" Is C$(.-ci5e #$ #he Haram Is I#se ! Haram

Another Islamic principle is that if something is prohibited& anything "hich leads to it is li e"ise prohibited1 By this means Islam intends to bloc all a'enues leading to "hat is haramA (or e,ample& as Islam has prohibited se, outside marriage& it has also prohibited anything "hich leads to it or ma es it attracti'e& such as seducti'e clothing& pri'ate meetings and casual mi,ing bet"een men and "omen& the depiction of nudity& pornographic literature& obscene songs& and so on1 Accordingly& Muslim 0urists ha'e established the criterion that "hate'er is conduci'e to or leads to"ard the haram is itself haramA A similar principle is that the sin of the haram is not limited only to the person "ho engages in it but e,tends to others "ho ha'e supported him in this& materially or morally8 each is held accountable according to his share1 (or e,ample& in the case of into,icating drin s& the Prophet 9peace be on him< cursed not only the one "ho drin s them but also the one "ho produces them& the one "ho ser'es them& the one to "hom they are ser'ed& the one to "hom the price of them is paid& etc1 This point "ill be discussed again later1 Again& in the matter of usury& the Prophet 9peace be on him< cursed the one "ho pays it& the one to "hom it is paid& the one "ho "rites the contract& and the one "ho acts as a "itness thereto1 Accordingly& "e deri'e the rule that anything "hich assists in the doing of "hat is haram is itself haram+ and anyone "ho helps another person to do it shares in the sin of it1

6. Fa se ' Re1"ese(#i() #he Haram as Halal Is P"$hi&i#e.

=ust as Islam has prohibited "hate'er leads to"ard the haram+ it has also prohibited resorting to technical legalities in order to do "hat is haram by de'ious means and e,cuses inspired by #atan1 It has reprimanded the =e"s for resorting to such practices1 The Prophet 9peace be on him< said: -)o not do what the 5ews did in order to (technically) legali!e Allah#s prohibitions by flimsy e%cuses.## 9This hadith is in Ighathat al-)ahfan by Ibn al34ayyim& 'ol1 1& p1 ;@B1 The author says: 6This "as reported by 7Abdullah bin Battah on good authority& and al3Tirmidhi classifies a similar hadith as sahihA>; This is a reference to the fact that Allah had prohibited the =e"s to hunt on the #abbath 9#aturday<1 To get around this prohibition& they "ould dig ditches on (riday so that the fish "ould fall into them on #aturday& to be caught on #unday1 Those "ho resort to rationali5ations and e,cuses to 0ustify their actions consider such practices to be permissible& but the 0urists of Islam consider them haram+ since Allah7s purpose "as to pre'ent them from hunting on the #abbath& "hether by direct or indirect

means1 Calling a haram thing by a name other than its o"n or changing its form "hile retaining its essence is a de'ious tactic& since ob'iously a change of name or of form is of no conse/uence as long as the thing and its essence remain unchanged1 Thus& "hen some people in'ent ne" terms in order to deal in usury or to consume alcohol& the sin of dealing in usury and drin ing remains1 As "e read in the collections of ahadith+ A group of people will make peoples' intoxication halal b gi!ing it other names. (Reported by Ahmad.) A time will come when people will "e!our usur , calling it #tra"e.# :'e&orted b$ alBukhari and Muslim ; And among the strange phenomena of our time is that people term obscene dance 6art&6 li/uor 6spirits&6 and usury 6interest16

7. G$$. I(#e(#i$(s D$ N$# Ma+e #he Haram Acce1#a& e

In all its legislations and moral in0unctions& Islam lays great stress on nobility of feelings& loftiness of aims& and purity of intentions1 The Prophet 9peace be on him< said& -Actions will be (udged by intentions, and everyone will be recompensed according to what he intended.- (5eported "# al-6ukhari. Indeed& in Islam the routine matters of life and its mundane affairs are transformed into acts of "orship and de'otion to Allah by good intentions1 Accordingly& if one eats food "ith the intention of sustaining life and strengthening his body in order that he may be able to carry out his obligations to his Creator and to other human beings& his eating and drin ing are considered "orship and de'otion to Allah Ta7ala1 Again& if one en0oys se,ual intimacy "ith his "ife& desiring a child and see ing to eep himself and his "ife chaste& it is considered an act of "orship on his part& deser'ing of re"ard in the Hereafter1 Concerning this the Prophet 9peace be on him< said: *hen you satisfy your desire with your wife, it is counted for you as an act deserving of reward. Those who were listening to him said/ essenger of Allah, how can it be that one of us satisfies his desire and will then be rewarded for it? The 7rophet (peace be on him) replied/ *ould he not be sinful if he had satisfied it in a prohibited manner? 3onse.uently, if he satisfies it in a permissible manner, there is a reward for him. 9Reported by al3Bu hari and Muslim1 < He also said: Anyone who desires what is permissible from the world, "eeping himself away from sins, wor"ing for the sa"e of his family, and ta"ing care of his neighbor, will meet his 'ord with a face shining li"e the full moon. 9The te,t of the hadith "as narrated by al3Tabarani1 < In this manner& "hene'er any permissible action of the belie'er is accompanied by a good intention& his action becomes an act of "orship1 But the case of the haram is entirely different8 it remains haram no matter ho" good the intention& ho" honorable the purpose& or ho" lofty the aim may be1 Islam can ne'er consent to employing a haram means to achie'e a praise"orthy end1 Indeed& it insists that not only the aim be honorable but also that the means chosen to attain it be pure1 6The end 0ustifies the means6 is not the ma,im of the Shari.ah+ nor is 6#ecure your right e'en through "rong3doing16 This can ne'er be& for the Shari.ah demands that the right should be secured through 0ust means only1

If someone accumulates "ealth through usury& forgery& gambling& prohibited games& or in any other haram manner in order to build a mos/ue& establish a charitable foundation& or to do any other good "or & the guilt of ha'ing done "hat is haram "ill not be lifted from hbecause of the goodness of his ob0ecti'e8 in Islam good aims and intentions ha'e no effect in lessening the sinfulness of "hat is haramA This is "hat the Prophet 9peace be on him< taught us "hen he said: Allah is good and does not accept anytbut good, and Allah has commanded the +elievers, as &e commanded &is messengers, saying #1 you messengers2 4at of whatever is good and wor" righteousness. Indeed, I am aware of what you do.# (The $ur%an .-(.+. &e also said, #1 you who believe2 4at of the good things which *e provide for you. (*(+7*. The 7rophet (peace be on him) then said, A man travels far, un"empt and dust-stained (for hajj, umrah, or the li"e), raising his hands to the s"y (and saying), #1 'ord2 1 'ord2# while eating what was haram, drin"ing what was haram, wearing what was haram, and nourishing himself through haram means. &ow then could his prayers be accepted? (5eported "# Muslim and al-Tirmidhi on the authorit# of A"u 8urairah.

He also said: If anyone amasses wealth through haram means and then gives charity from it, there is no regard for him and the burden of sin remains. (5eported "# )"n 9ha2imah, )"n 8i""an, and al8akim on the authorit# of A"u 8urairah

Again he said: If a person earns property through haram means and then gives charity, it will not be accepted (by Allah)$ if he spends it there will be no blessing on it$ and if he leaves it behind (at his death) it will be his provision in the 8ire. Indeed, Allah Ta#ala does not obliterate one bad deed by another bad deed, but &e cancels out a bad deed by a good deed. An unclean thing does not wipe away another unclean thing. 9Reported by Ahmad and others on the authority of Ibn Mas7ood1<

8. D$-&#!- Thi()s A"e T$ Be A5$i.e.

It is Allah7s mercy to human beings that He did not lea'e them in ignorance concerning "hat is la"ful and "hat is prohibited1 Indeed& He has made e,plicit "hat is halal and e,plained "hat is haram+ as He says: ...&e has e%plained to you what &e has made haram for you.... 9C:11E< Accordingly& one may do "hat is la"ful and must a'oid "hat is prohibited insofar as he has the choice1 Ho"e'er& there is a gray area bet"een the clearly halal and the clearly haramA This is the area of "hat is doubtful1 #ome people may not be able to decide "hether a particular matter is permissible or forbidden8 such confusion may be due either to doubtful e'idence or because of doubt concerning the applicability of the te,t to the particular circumstance or matter in /uestion1 In relation to such matters& Islam considers it an act of piety for the Muslim to a'oid doing "hat is doubtful in order to stay clear of doing something haramA This is similar to "hat "as discussed earlier concerning the bloc ing of the a'enues "hich lead to "hat is haramA #uch a cautious approach& moreo'er& trains the Muslim to be farsighted in planning and increases his no"ledge of affairs and people1 The root of

this principle is the saying of the Prophet 9peace be on him<: The halal is clear and the haram is clear. +etween the two there are doubtful matters concerning which people do not "now whether they are halal or haram. 1ne who avoids them in order to safeguard his religion and his honor is safe, while if someone engages in a part of them he may be doing something haram, li"e one who gra!es his animals near the hima (the grounds reserved for animals belonging to the 6ing which are out of bounds for others# animals)$ it is thus .uite li"ely that some of his animals will stray into it. Truly, every "ing has a hima, and the hima of Allah is what &e has prohibited. 9Reported by al3Bu hari7 Muslim& and others8 the narration is ta en from al Tirmidhi1<

19. The Haram Is P"$hi&i#e. #$ E5e"'$(e A i+e

In the Shari.ah of Islam the haram has uni'ersal applicability8 here there is no such thing as that "hich is prohibited to a non3Arab but permitted to an Arab& nor anything "hich is restricted to a Blac but allo"ed to a %hite1 (or in Islam there are no pri'ileged classes or indi'iduals "ho& in the name of religion& can do "hate'er they please according to their "hims1 Muslims do not ha'e any pri'ilege of ma ing something haram for others "hile it is la"ful for themsel'es8 this cannot be& for truly Allah is the !ord of all& and the Shari.ah of Islam is the guide for all1 %hate'er Allah has legislated through His Shari.ah is la"ful for all human beings and "hate'er He has prohibited is prohibited to all human beings until the $ay of Resurrection1 As an e,ample& stealing is e/ually haram for the Muslim and the non3Muslim8 the punishment for it is the same& regardless of the family or the origin of the thief1 The Prophet 9peace be on him< firmly enforced this rule& proclaiming& -+y Allah, if 8atimah, the daughter of uhammad, were to steal, I would have her hand cut off.- 9Reported by al3 Bu hari1< A case of theft "as brought before the Prophet 9peace be on him< in'ol'ing t"o suspects& the one a =e" and the other a Muslim1 #ome relati'es of the Muslim ad'anced circumstantial e'idence to cast doubt on the =e" in order to sa'e their man "hile he "as& in fact& guilty1 The Prophet 9peace be on him< "as almost persuaded to belie'e that the Muslim "as innocent1 Then a re'elation "as sent do"n e,posing the conspiracy& clearing the =e" of the crime and directing the Prophet 9peace be on him< to establish 0ustice "ithout any bias: Indeed, *e have sent down to thee the +oo" with the truth, so that thou mightest (udge between the people as shown by Allah$ then do not be an advocate for the treacherous, and see" forgiveness of Allah$ indeed, Allah is 8orgiving, erciful. And do not plead on behalf of those who deceive themselves$ indeed, Allah does not li"e the one who is treacherous and sinful. They may hide from men, but they cannot hide from Allah, for &e is with them even when they hold, by night, discourse not pleasing to &im, and Allah encompasses what they do. Ah2 0ou are the ones who pleaded for them in the life of this world, but who will plead for them with Allah on the )ay of 9esurrection, or who will be their guardian? 9D:1@A31@E< In the distorted scripture of the =e"s& it is alleged that "hile usury or interest is prohibited to the =e" "hen lending money to a brother =e"& there is no harm in charging it to a gentile& as stated in $euteronomy -;:1E3-@: 2ou must not lend on interest 9usury< to your brother& "hether the loan be of money or food or anything else that may earn interest1 2ou may demand interest on a loan

of a foreigner& but you must not demand interest from your brother& so that 2ah"eh your )od may bless you in all your gi'ing in the land you are to enter and ma e your o"n1 The 4ur7an also spea s about another similar tendency among the =e"s& that of cheating others "ho are not of their race or faith "ithout feeling anything "rong in it1 The 4ur7an says: And among the 7eople of the +oo" is he who, if entrusted with a single gold coin, would not return it to thee unless thou constantly stood over him. This is because they say/ *e have no duty toward the gentiles, but they utter a falsehood concerning Allah, and they "now it. 9;::A< (Gentiles& here refers to the Ara"s, who "efore )slam possessed neither religion nor a divinel# revealed scripture. They ha'e un/uestionably uttered falsehood in "hat they ha'e ascribed to Allah& for the la" of Allah does not discriminate bet"een one people and another& and insofar as cheating is concerned& Allah has condemned it through the tongue of all His messengers and prophets1 %ith due apologies& "e may say that this tendency to use a double standard& one for one7s 6brother6 and another for a 6foreigner6 or outsider& is a characteristic of primiti'e ethics1 It can ne'er be ascribed to a di'inely re'ealed religion& for high moralitythat is& true morality is distinguishable by its uni'ersality and comprehensi'eness and by its lac of a double standard1 The distinction bet"een us and primiti'e peoples is not in the e,istence or absence of a moral code but in the enlargement of the area of its application1 As an e,ample& such people also consider honesty as a praise"orthy /uality& but they restrict its practice to the people of their o"n tribe1 %hen dealing "ith people from outside their tribe or clan& they see nothing "rong "ith cheating them& or in fact recommending or e'en re/uiring it1 The author of The Stor$ of Ci/iliDation "rites& Almost all groups agree in holding other groups to be infer to themsel'es1 The Amerian Indians loo ed upon themsel'es as the chosen people& specially created by the )reat #pirit as an uplifting e,ample for man ind1 ?ne Indian tribe called itself 7The ?nly Men87 another called itself 7Men of Men87 the Caribs said& 7%e alone are people17 The +s imos belie'ed that the +uropeans had come to )reenland to learn manners and 'irtues1 Conse/uently& it seldom occurred to primiti'e man to e,tend to other tribes the moral restraints "hich he ac no"ledged in dealing "ith his o"n8 he fran ly concei'ed it to be the function of morals to gi'e strength and coherence to his group against other groups1 Commandments and taboos applied only to the people of his tribe8 "ith others& e,cept "hen they "ere his guests& he might go as far as he dared (:ill ;urant, The Story of Ci ili!atio", 'imon and 'chuster, <ew =ork, +,.-, vol. l, pp. -/---. 1

11. Necessi#' Dic#a#es E:ce1#i$(s

%hile Islam has narro"ed the range of "hat is prohibited& it is& at the same time& 'ery strict in seeing that its prohibitions are obser'ed1 Accordingly& it has bloc ed the "ays& apparent or hidden& leading to "hat is prohibited1 Thus& "hat is conduci'e to the haram is itself haram+ "hat assists in committing the haram is haram+ any rationali5ation for engaging in the haram is haram+ and so on& to the last of the principles "hich "e ha'e elucidated1 At the same time& Islam is not obli'ious to the e,igencies of life& to their magnitude& nor to human "ea ness and capacity to face

them1 It permits the Muslim& under the compulsion of necessity to eat a prohibited food in /uantities sufficient to remo'e the necessity and sa'e himself from death1 In this conte,t& after listing the prohibited foods in the form of dead animals& blood& and por & Allah Ta7ala says: ...+ut if one is compelled by necessity, neither craving (it) nor transgressing, there is no sin on him$ indeed, Allah is 8orgiving, erciful. 9-:1:;< And this is repeated at four places in the 4ur7an after each mention of the prohibited foods1 ?n the basis of these and similar 'erse of the 4ur7an& Islamic 0urists formulated an important principle& namely& that 6necessity remo'es restrictions16 Ho"e'er& it is to be noted that the indi'idual e,periencing the necessity is permitted to eat the haram food "ith the stipulation that he is 6neither cra'ing it nor transgressing16 This is interpreted to mean that he should not desire to relish it nor transgress by eating more than the bare amount needed to satisfy his hunger1 (rom this stipulation& 0urists ha'e deri'ed another principle& that 6The /uantity permitted is determined by the 9magnitude< of the necessity16 Here the underlying idea is that& e'en though compelled by necessity& a person need not surrender to it or embrace it "ith eagerness8 rather he must li'e "ith "hat is essentially halal and see a "ay to return to it so that he may not become accustomed to the haram or begin en0oying it under the prete,t of necessity1 In permitting the use of the haram under necessity& Islam is true to its spirit and general principles1 This spirit& "hich "e find permeating its la"s& is to ma e life easy and less oppressi'e for human beings& and to lift the burdens and yo es imposed by earlier systems and religions1 True is the saying of Allah& the Almighty: ...Allah desires ease for you, and &e does not desire hardship for you.... 9-:1BA< ...It is not Allah#s desire to place a burden upon you, but &e desires to purify you and to perfect &is favor on you in order that you may be than"ful. 9A:C< Allah desires to lighten your burden, for man was created wea". 9D:-B<

Cha1#e" *; The Ha a A(. The Ha"a% I( The P"i5a#e Li!e $! M-s i%

F$$. a(. D"i(+
#ince ancient times& peoples ha'e differed in their eating and drin ing habits and in relation to "hat is to be allo"ed and a'oided& especially "ith regard to food of animal origin1 Concerning food and drin of 'egetable origin& the peoples of the earth ha'e been close to a consensus1 Islam does not prohibit 'egetable foods& "ith the e,ception of "hat is fermented& "hether it be grapes& dates& barley& or any other substance& as long as it remains in the unfermented state8 similarly& Islam prohibits anything "hich into,icates& affects the functioning of the brain& or harms the body& as "e shall see

later1 Ho"e'er& "ith regard to foods deri'ed from animal sources peoples and nations ha'e held "idely 'arying attitudes1

The A##i#-.e $! #he B"ah%i(s T$,a". S a-)h#e"i() A(i%a s a(. Ea#i() Mea#
The Brahmins and a group of philosophers& subsisting on 'egetarian food& only prohibit to themsel'es the illing and eating of animals1 They claim that the slaughtering of animals is a cruelty inflicted by men on these creatures& "ho are li'ing beings li e themsel'es and that they must not depri'e the animals of their right to li'e1 Ho"e'er& "hen "e ponder the creation& "e reali5e that these animals ha'e not been created for their o"n sa e& because they ha'e not been endo"ed "ith intellect or freedom of choice8 "e also see that their natural position is such that they ha'e been sub0ected to the ser'ice of man1 It is therefore not to be doubted that man should benefit from their flesh after slaughter 0ust as he benefits from their ser'ice "hile they are ali'e1 Again& "e reali5e that it is the la" of Allah in His creation that the lo"er order of species be sacrificed for the benefit of the higher1 Thus green plants are cut and fed to an animal& the animal is slaughtered to be food for man& and a man must also fight and ris his life for the sa e of the group1 Moreo'er& e'en if a man refrains from slaughtering an animal& it "ill not thereby be sa'ed from death and destruction8 it "ill either become prey to some other animal or "ill die in some other "ay& possibly in a much more painful manner than by a /uic stro e of a sharp nife1

A(i%a s P"$hi&i#e. #$ #he <e,s a(. Ch"is#ia(s

Among the people possessing a religion based on a di'inely re'ealed scripture& Allah prohibited to the =e"s the eating of many land and marine animals8 for a description of these one may refer to the ?ld Testment boo of !e'iticus& chapter ele'en1 The 4ur7an mentions some of the things "hich Allah prohibited to them& as "e mentioned pre'iously& to punish them for their transgressions and sins: And to the 9ews We forbade every animal with claws, and of o$en and sheep We have forbidden them their fat, e$cept what is carried on their bac&s or entrails or what is connected to the bone7 thus did We recompense them for their rebelliousness, and indeed We spea& the truth% 9C:1DC< These prohibitions applied to the =e"s& and it may be assumed that the Christians "ere also supposed to obser'e them since the In6eel declares that =esus 9peace be on him< did not come to abolish the !a" of Moses but to fulfill it1 Ho"e'er& the Christians made permissible things "hich had been prohibited in the Torah+ although not abrogated in the In6eel+ or scripture re'ealed to =esus 9peace be on him<1 The Christians follo"ed the teachings of Paul& "ho declared all foods and drin s permissible "ith the sole e,ception of the flesh of animals sacrificed to idols& 91 Cor1 B:D31@&1@:1E3-E8 Col1 -:1;31D&1C&1 Tim1 D:D3A1 9Trans<< since 6to the pure e'erything is pure16

Accordingly& Christians permitted to themsel'es the eating of por & despite the fact that the te,t of the Torah prohibits it to this day1
9Rom1 1D:1D31:8 Tit1 1:1A1 9Trans1<<

The A##i#-.e $! #he P"e=Is a%ic A"a&s

The pre3Islamic Arabs prohibited certain animals as being unclean& together "ith some other animals "hich "ere considered sacred and dedicated to their gods8 "e ha'e already mentioned bahirah+ saibah+ wasilah+ and ham+ "hich fall into the latter category1 In contrast to this& they permitted many inds of impure foods& such as the flesh of dead animals and flo"ing blood1

Is a% Pe"%i#s Wha# Is Wh$ es$%e

This "as the state of the "orld in relation to the eating of food at the ad'ent of Islam1 At one e,treme e'ery ind of meat "as permitted and at the other all meat "as prohibited1 Then Allah addressed all human beings saying& 6 man&ind: ;at of what is permissible and good on earth, and do not follow the footsteps of Satan7 truly he is an open adversary to you% 9-:1CB< Thus He spea s to all the people on this globe& calling on them to eat of the good things "hich He has pro'ided for them on this 'ast& outspread table& the +arth& and not to follo" the "ays of #atan& "ho has made it alluring to some people to prohibit for themsel'es 'arious "holesome things "hich Allah has made halal+ thus leading them to"ard the pitfalls of self3destruction1 Then Allah addressed the Belie'ers in particular saying& 6 you who believe: ;at of the good things that We have provided for you, and be than&ful to Allah if it is He alone whom you worship% )ndeed, what He has forbidden to you is the flesh of dead animals and blood and the flesh of swine, and that which has been sacrificed to anyone other than Allah% <ut if one is compelled by necessity, neither craving (it) nor transgressing, there is no sin on him7 indeed, Allah is =orgiving, 8erciful% 9-:1:-31:;< In this particular message to the Belie'ers& Allah #ubhanahu "a Ta7ala tells them to eat of the good things of His pro'iding and to gi'e than s to Him for His fa'ors1 He then e,plains that no food is haram to them e,cept the four inds mentioned in the a$ahA The same four inds& "ith some further details& are mentioned at other places in the 4ur7an: Say: ) do not find in what is revealed to me anything prohibited to an eater in his food unless it be (the flesh of) that which is dead, or flowing blood, or the flesh of swine, for that is indeed foul, or the abomination which has been dedicated to anyone other than Allah% <ut if one is compelled by necessity, neither craving (it) nor transgressing, then, indeed, thy 'ord is =orgiving, 8erciful% 9C:1DA< And in e'en greater detail: =orbidden to you are the flesh of dead animals and blood and the flesh of swine, and that which has been dedicated to any other than Allah, and that which has been &illed by strangling or by beating or by falling or by being gored, and that which has been (partly) eaten by a

wild beast e$cept that which you ma&e lawful by slaughtering (before its death), and that which has been sacrificed to idols%%%% 9A:D 9A:;<< There is no contradiction bet"een this 'erse& "hich lists ten prohibited categories& and the pre'ious 'erse "hich lists four& since animals "hich are illed by strangulation& by a blo"& by a fall& by being gored& or "hich are partly eaten by "ild animals all belong in the category of dead animals1 #imilarly& "hat is sacrificed to idols falls into the category of that "hich is dedicated to anyone other than Allah1 Accordingly& the foods "hich are prohibited fall into four broad categories "hich may be reclassified into ten detailed categories& as follo"s:

The Prohibition of Eating

hat Is !ead and Its

isdom

11 The first thing mentioned in these 'erses concerning prohibited foods is the flesh of 6dead animals&6 that is& the beast or fo"l "hich dies of natural causes& "ithout being slaughtered or hunted by men1 There are ob'ious reasons for this prohibition:

a. +ating the flesh of a dead animal is repugnant to ci'ili5ed taste and is

considered by thin ing people in all societies to be contrary to human dignity1 %e also obser'e that all peoples possessing a re'ealed scripture ha'e prohibited it and that they do not eat the flesh of an aunless it is slaughtered1 Ho"e'er& the methods of slaughter may 'ary1

b. In "hate'er he does& the Muslim acts "ith a set purpose and8

intention8 he does not use a thing nor reap its benefit "ithout directing his intention& aim& and effort to"ard it1 The significance of slaughtering& "hich is a purposeful act& the intention of "hich is to ta e the life of the animal in order to use it as food& is to remo'e the slaughtered animal from the category of 6dead animals16 Allah #ubhanahu "a Ta7ala does not desire that man should eat of "hat he did not intend or thin of eating& as is the case "ith the dead animal8 con'ersely& slaughtering an animal or hunting it as game both re/uire an intention follo"ed by effort and subse/uent action1

c. If the animal died a natural death& it is /uite li ely that it died of some
acute or chronic disease& through eating a poisonous plant& or other similar causes8 hence eating its flesh "ould probably be harmful1 The same is the case "hen the cause of death is old age or star'ation1

d. By prohibiting the flesh of a dead animal to human beings& Allah in His

Mercy pro'ides source of food to animals and birds& "ho& in the "ords of the 4ur7an& constitute an ummah 9nation< li e themsel'es1 The truth of this is demonstrated by the fact that the carcasses of animals lying out in the open are de'oured by birds and animals1

e. This prohibition encourages the o"ner of an animal to guard it from

disease and malnutrition lest it die and be "asted1 Accordingly& in the

case of disease& he "ill be /uic slaughter the animal1

to see

a cure for it or "ill hasten to

The Prohibition of "lo#ing $lood 2. The second prohibition relates to flo"ing or li/uid blood1
9Trans1<< 9It is not prohibited to eat the blood "hich remains in the flesh of the slaughtered animal after one has done his best to remo'e it1

Ibn Abbas "as as ed about the spleen and he replied& 62ou can eat it16 The /uestioners said& 6But it is blood16 9In early times the spleen "as belie'ed to be congealed blood1 9Trans1<< He ans"ered& 6?nly flo"ing blood is prohibited to you16 The reason for this prohibition is both that the drin ing of blood is repugnant to human decency and that it may li e"ise be in0urious to health1 $uring the period of 6ahili$$ah+ a person "ho felt hungry might 0ab a bone or sharp ob0ect into the flesh of his animal& and collect and drin the flo"ing blood1 It "as concerning this that the poet al7Ashi said: *e'er approach animals that are dead& *or ta e a sharp bone to pierce the li'e one1 Thus& since piercing the flesh of a li'ing animal in0ures and "ea ens it& Allah Ta7ala prohibited such a practice1

Pork 3. The third prohibited food is por & that is& the flesh of s"ine1 #ince the pig
relishes filth and offal& its meat is repugnant to persons of decent taste8 moreo'er& recent medical research has sho"n that eating s"ine3flesh is in0urious to health in all climates& especially hot ones1 #cientific research has also sho"n that por carries a deadly parasite 9trichina<& among others& and no one can say "hat science may disco'er in the future "hich "ill shed more light on the "isdom of this prohibition1 Allah the Almighty spo e the truth in describing His Messenger& Muhammad 9peace be on him<& as the one "ho +ma&es unlawful what is foul%+ 9::1A:< In addition to this& there are also some scholars "ho say that eating por fre/uently diminishes the human being7s sense of shame in relation to "hat is indecent1

That

hich Is !edicated to An%one &ther Than Allah

anyone other than Allah& that is to say& one "hich is slaughtered "ith the in'ocation of a name other than the name of Allahfor e,ample& the name of an idol1 %hen slaughtering an animal& the Arab polytheists "ould in'o e the names of their idols& such as al3!at or al3.55a1 #uch a practice is a de'otional

4. The fourth prohibited category refers to an animal "hich is dedicated to

act addressed to someone other than Allah and is a form of "orship in "hich His glorious name is not mentioned1 In this case the reason for the prohibition is entirely related to faith: to safeguard the belief in the ?neness of Allah& to purify "orship& and to fight shirk and polytheism in "hate'er form they may be e,pressed1 Indeed& it is Allah "ho created man and ga'e him control o'er e'erything on the earth& sub0ecting the animal to his po"er and permitting him to ta e its life for food on the condition that His name be pronounced at the time of slaughter1 Pronouncing the name of Allah "hile slaughtering the animal is a declaration that one is ta ing the life of this creature by the permission of its Creator& "hile if one in'o es any other name& he has forfeited this permission and must be denied the use of its flesh1

T%pes of !ead Animals

The preceding are the four principal categories of prohibited animal foods1 As re'ealed in the 'erse of Surh al-Maidah 9A:D 9;<<& to these four are added fi'e more categories "hich pertain to further classifications of the 6dead animal&6 as follo"s:

5. The strangled: an animal "hich has been strangled& for e,ample& by a rope
around its nec & or suffocated& as for instance by putting its head into something "hich produces suffocation1

6. The beaten: an animal "hich has been beaten to death by a club or similar
ob0ect1

7. The fallen: an animal "hich dies as a result of a fall from a high place& or by
falling into a gully or

ra'ine1

8. The gored: an animal "hich dies as a result of being gored by the horns of
another

animal1

9. That which has been (partly) eaten by wild beasts: an animal "hich has
been partially de'oured by "ild animals and dies as a result1 After naming these fi'e categories& Allah ma es an e,ception of 6that "hich you ma e la"ful by slaughtering&6 meaning that if one comes upon such an animal "hile it is still ali'e& slaughtering renders it halal as food1 The correct understanding of 6still ali'e6 is that some sign of life remains in it1 7Ali ibn Abu Talib said& 6If you can slaughter the beaten& the fallen or the gored animal "hile it 9still< mo'es its hoof or leg& you may eat it16 Commented al3$aha & 6The people of the time of 6ahili$$ah used to eat them 9dead animals<8 then Allah prohibited them in Islam& e,cepting "hat is slaughtered1 If it is slaughtered "hile it 9still< mo'es a leg& its tail& or an eye& it is halal 9#ome 0urists ha'e said that there must be life in it& the signs of "hich are the flo" of blood and refle, mo'ements<

'easons for the Prohibition of the "oregoing Categories

%e need not repeat the reasons stated in the preceding discussion concerning dead animals& "ith the possible e,ception of the danger to health& "hich is not clear in such cases1 Ho"e'er& "e "ish to emphasi5e again the significance of prohibitions A through E abo'e1 The All3%ise !a"3)i'er "ants to teach people to be ind to the animal and to protect it from harm1 ?ne should not neglect it so that it can be strangled& fall from a high place& or be gored in a fight "ith other animals& nor torture it by se'ere beating& possibly resulting in its death& as 'icious herdsmen& particularly hired ones& sometimes do& e'en goading animals such as t"o bulls or sheep to fight each other until one "ounds or gores the other to death1 It is solely for this reason that Islamic 0urists ha'e prohibited the eating of the flesh of an animal "hich has been gored to death& e'en if it "as "ounded by the horns of the other and its blood has flo"ed8 this prohibition holds e'en if the blood flo"ed from a "ound in the usual site of slaughter& the throat1 According to my understanding& the purpose behind this is to penali5e the o"ner of such animals "ho has left them unattended to gore each other to death8 he is not to be re"arded for this negligence by being permitted to ma e use of their flesh for food1 The reason for prohibiting the eating of animals partially de'oured by "ild beasts is to preser'e human dignity8 a Muslim is not to degrade himself by eating the lea'ings of animals1 The people of the period of 6ahili$$ah "ere in the habit of eating "hat had been left by "ild animals& "of sheep& camel or co"& but subse/uently Allah prohibited this to the Belie'ers1

Animal Sacrifices 10. The tenth caof prohibited animal food is that "hich has been sacrificed to
idols1 $uring the period of 6ahili$$ah+ stone altars stood in front of the idols around the 7a.aba+ and the polytheists "ould slaughter animals on or close to these altars in order to see nearness to the deities to "hich the altars "ere assigned1 #uch immolation is similar to 6that "hich has been dedicated to anyone other than Allah&6 as both in'ol'e the glorification of false deities1 The difference is that in case of 6that "hich has been dedicated to anyone other than Allah&6 the slaughtering did not ta e place in the 'icinity of the idol and only its name "as mentioned o'er the ob0ect of sacrifice& "hile in the latter case the immolation "as done in front of the idol or on the altar assigned to it& and it "as therefore unnecessary to mention its name1 #ince these altars "ere in the 'icinity of the 7a.aba+ it "as possible to imagine that these sacrifices "ere meant to render homage to the #acred House1 The 4ur7an& through an e,plicit declaration& remo'ed this possibility from the minds of people& classifying this practice in the same category as that "hich is dedicated to anyone other than Allah1

The E(emption of Sea "ood and )ocusts

The Islamic Shari.ah has e,empted fish& "hales& and other sea creatures from the category of 6dead animals16 %hen the Prophet 9peace be on him< "as as ed about the sea& he replied& )ts water is pure and its dead are halal. 9Reported by Ahmad and
other compilers of the SunnahA;

#ays Allah Ta7ala: !he game of the sea is permitted to you and so is its food%%%% 9A:EE 9EC<< and 7.mar e,plained& 6Its game is "hat is caught from it and its food is "hat is thro"n out from it&6 "hile Ibn 7Abbas said& 6Its food is its dead 9animals<16 In the t"o Sahihs of al3Bu hari and Muslim& it is reported on the authority of =abir that the Prophet 9peace be on him< once sent some of his Companions on an e,pedition1 They found a dead "hale by the sea and subsisted on it for more than t"enty days1 ?n their return to Madinah& they told the Prophet 9peace be on him< about this and he said& ;at the food which Allah has brought forth for you, and feed us from it if you have any left% !hey then brought him some whale meat and he ate it% 9Reported by al3Bu hari1< By the same to en& locusts are e,empted from the category of 6dead animals16 The Prophet 9peace be on him< ga'e permission to eat dead locusts& as the /uestion of slaughtering them does not arise1 #aid Ibn Abu A"fa& 6%e "ent "ith the Prophet 9peace be on him< on se'en e,peditions& and "e ate locusts "ith him16 9Reported by all
the authentic collections of ahadith e,cepting that of Ibn Ma0ah1<

Making *se of the Skin, $ones, and Hair of the Animal

The prohibition concerning the dead animal is limited to the eating of its flesh1 ?ne canin fact& one shouldma e use of its s in& horns& bones and hair& for thro"ing them a"ay is a "aste& and "aste is not permitted1 Concerning this& Ibn 7Abbas narrated: The freed maid3ser'ant of the Prophet7s "ife& Maymunah& "as gi'en a sheep& and it died1 The Prophet 9peace be on him< passed by its carcass and said& 7%hy did you not ta e its s in to be tanned and use it>7 They replied& 7But it is deed17 The Prophet 9peace be on him< said& 7%hat is prohibited is eating it17 9Reported in all the
authentic collections of ahadith e,cepting that of Ibn Ma0ah<

The Prophet 9peace be on him< made it clear that the "ay to purify the s in of a dead animal is to tan it1 He is reported to ha'e said& +!he tanning of the s&in is its slaughtering,+ 9Reported by Abu $aoud and al3*isai< meaning that 0ust as slaughtering ma es the eating of the flesh of a sheep or co" halal+ li e"ise tanning ma es the use of the s in halalA He also said& +!anning removes its impurity,+ 9Reported by al3
Ha im1<

And +)f the s&in is tanned, it is purified%+

9Reported

by

Muslim

and

others1<

The application of these latter ahadith is /uite general& including the s in of the dog or the pig1 This "as the opinion of the 0urists of the Hahiri school& of Abu 2usuf& the pupil of Abu Hanifah& and of al3#ha" ani1 #a"dah& the "ife of the Prophet 9peace be on him<& said +6ne of our sheep died, so we tanned its s&in and used it as a waters&in, putting dates in it to sweeten the water% We used it until it wore out%+ 9Reported by al3Bu hari and others1<

Necessi#' Dic#a#es E:ce1#i$(s

All the abo'e3mentioned prohibitions apply in situations in "hich one has a choice1 Ho"e'er& in case of a necessity a different rule applies& as "as discussed earlier1 Allah Ta7ala says: %%%He has e$plained to you what He has made haram for you, e$cept that to which you are compelled%%% 9C:11E< And after mentioning the prohibitions concerning the flesh of dead animals& blood& and so& He says: %%%but if one is compelled by necessity, neither craving (it) nor transgressing, there is no sin on him7 indeed, Allah is =orgiving, 8erciful% 9-:1:-31:;< The consensus of the 0urists is that necessity in this case signifies the need for food to alle'iate hunger "hen no food other than the prohibited food is a'ailable& some 0urists holding the opinion that at least one day and one night should pass "ithout food1 In such a situation a person may eat as much "ill satisfy his hunger and thus sa'e himself from death1 #aid Imam Mali & 6The amount of it is "hat "ill alle'iate his hunger& and he should not eat more than "hat "ill eep him ali'e16 This& perhaps& is the meaning of Allah7s "ords& 6neither cra'ing 9it< nor transgressing&6that is& neither desiring it nor eating more than necessary1 That hunger can be a compelling need is e,pressly mentioned in the 4ur7anic a$ah1 %%%but if one is compelled by hunger, without any inclination to sin, then indeed Allah is =orgiving, 8erciful% 9A:D 9;<<

Me.ica Necessi#'
Concerning the /uestion of "hether some of the prohibited food substances can be used as medicine& there is a difference of opinion among 0urists1 #ome do not consider medicine to belong in the category of a compelling necessity li e food& and in support of their position they cite the hadith1 +Assuredly Allah did not provide a cure for you in what He has prohibited to you%+ 9Reported by al3Bu hari on the authority of Ibn Mas7ood1< ?thers consider the need for medicine e/ual to that of food& as both are necessary for preser'ing life1 In support of their position that prohibited food substances may be used as medicine& they argue that the Prophet 9peace be on him< allo"ed 7Abd al3 Rahman bin 7A"f and al3Hubair bin al37A""am to "ear sil because they "ere suffering from scabies1 9The te,t of this hadith is /uoted in the subsection of this boo entitled 6Clothing and ?rnaments16< Perhaps this latter 'ie" is closer to the spirit of Islam "hich& in all its legislations and teachings& is concerned "ith the preser'ation of human life1 Ho"e'er& ta ing medicine containing some of the haram substances is permissible only under the follo"ing conditions: 11 The patient7s life is endangered if he does not ta e this medicine1 -1 *o alternati'e or substitute medication made from entirely halal sources is a'ailable1 ;1 The medication is prescribed by a Muslim physician "ho is no"ledgeable as "ell as )od3fearing1

%e may& ho"e'er& add that on the basis of our o"n obser'ations and the opinions of e,pert physicians& "e ha'e arri'ed at the conclusion that there hardly e,ists any medical necessity "hich re/uires ingesting "hat is haram+ as for e,ample& ta ing medicine1 *e'ertheless& "e ha'e stated this principle in case a Muslim happens to be in a place "here he cannot find medications other than those "hich contain haram substances1

Necessi#' D$es N$# E:is# i! #he S$cie#' P$ssesses E:cess F$$.

Consider a situation in "hich an indi'idual does not ha'e enough to eat but other people& Muslims or dhimmis& 9$himmis: non3Muslims li'ing under the protection of an Islamic go'ernment1 9Trans1<< in his community ha'e e,cess food1 In such a case he does not fulfill the stipulation of being in a state of necessity and conse/uently haram foods do not becpermissible to him& for an Islamic community is li e a single body supporting its members or li e a fortified "all in "hich each bric strengthensthe other1 The concept of social solidarity is e,pressed 'ery forcefully by the great 0urist Imam Ibn Ha5m& "ho said& The Muslim is not in a state of necessity such that it becomes permissible for him to eat the flesh of dead animals or s"ine as long as someone else& "hether a Muslim or a dhimmi+ has e,cess food1 It is obligatory on the person ha'ing food to feed the one "ho is hungry& and that being the case& the hungry person is not compelled to resort to the flesh of dead animals or s"ine1 If the person ha'ing e,cess food denies it to him& he has a right to fight for it1 If he 9the hungry person< is illed& the iller is guilty of murder and conse/uently sub0ect to -isas 9retaliation<& "hile if he ills the denier of food he has dispatched him to the curse of Allah& as he denied him his right and "as one of the rebellious1 Allah Ta7ala says: 7And if one of them transgresses against the other& fight against the one "ho transgresses until he complies "ith the command of Allah17 9DE:E< ?ne "ho denies the rights of his brother is a rebel against Allah1 That is "hy Abu Ba r al3#iddi/ fought against those "ho refused to pay Dakat 9"hile professing to be Muslims<1 :Al-Muhalla by Ibn Ha5m& 'ol1 C& p1 1AE1<

Ma"i(e A(i%a s A"e Ha a

$epending on their habitats& animals are of t"o inds: either marine or terrestrial1 Marine animals& that is& those "hich li'e in "ater and cannot sur'i'e outside it& are all halalA It does not matter in "hat "ay they are obtained: "hether they are ta en out of the "ater dead or ali'e& "hole or in pieces& "hether they are fish or marine animals& "hether they are called sea dogs or sea hogs& or "hether they are caught by a Muslim or a non3Muslim1 The Most )enerous !ord has opened "ide His bounty upon His ser'ants by permitting them to eat all marine animals& "ithout the re/uirement of bleeding8 man has been left free to catch them in "hate'er manner he is able& a'oiding any unnecessary cruelty as far as possible1 Reminding us of His fa'ors& Allah Ta7ala says& And it is He Who has sub(ected the sea (to you) in order that you may eat fresh meat from it%%%% 91C:1D< !he game of the sea is permitted to you and so is its food, a provision for

you and for travelers by sea%%%% 9A:EE 9EC<< Praise be to Him for not ha'ing e,cluded anything& for Thy !ord is not forgetful1 91E:CD<

Prohibited Terrestrial Animals

As far as terrestrial or land animals are concerned& Allah has prohibited only the eating of por & the flesh of any animal "hich dies of itself or is sacrificed to anyone other than Allah& and the drin ing of blood1 These prohibitions are e,plicitly mentioned in the te,t of the 4ur7an& comprising& as "e ha'e seen& four ma0or and ten minor categories1 At the same time& the 4ur7an says concerning the Messenger of Allah 9peace be on him<: He%%%ma&es lawful to them what is good and ma&es unlawful what is foul%%%% 9::1A:< (oul things are those "hich& although some indi'iduals may li e them& people generally find detestable1 As an instance of this& on the day of the confrontation of Fhaibar& the Prophet 9peace be on him< forbade the eating of the flesh of domesticated don eys1 9Reported by al3Bu hari1 Concerning this hadith+ it is said that the prohibition of eating don eys "as temporary and "as due to an emergency& as don eys "ere needed for riding1 This is similar to a situation in "hich& due to a shortage of meat& a go'ernment may prohibit the slaughtering of young animals so they may gro" bigger or the hunting of deer in a particular season& etc1< Another e,ample of the same thing is pro'ided by a hadith narrated by both al3 Bu hari and Muslim& "hich states that the Prophet 9peace be on him< 6forbade the eating of any "ild animals "ith a canine tooth and of any bird "ith talons16 6%ild animals6 denotes those "hich prey on others and de'our them by tearing them apart& e1g1& the lion& leopard& "olf& and the li e8 birds "ith talons such as the ha" & eagle& falcon& etc1& do the same1 According to Ibn 7Abbas& nothing is haram other than the four categories mentioned in the 4ur7an& "hile "hat the Prophet 9peace be on him< forbade& such as beasts of prey& are to be regarded as makruh 9detestable< rather than reaching the degree of haramA #aid Ibn 7Abbas: !he people of the time of ahiliyyah ate certain foods and avoided others, according to their whim% !hen Allah sent His ,rophet (peace be on him) and revealed His <oo&, and He legislated what is permissible and what is prohibited% Accordingly, what He permitted is halal! what He prohibited is haram! and that concerning which He is silent is allowed% )bn *Abbas then recited, Say: ) do not find in what is revealed to me anything prohibited to an eater in his food% #ay: I do not find in "hat is re'ealed to me anything prohibited to an eater in his food1 #ay: I do not find in "hat is re'ealed to me anything prohibited to an eater in his food1 9C:1DA< 9Reported by Abu $aoud as the saying of Ibn 7Abbas1< ?n the basis of this a$ah+ Ibn 7Abbas argued that the flesh of domesticated don eys is permissible1 Imam Mali agrees "ith him on this matter& considering beasts of prey makruh rather than haramA

The 0urists agree that cutting the throat of a prohibited animal does not render it halalA Ho"e'er& it then becomes permissible to use its s in "ithout tanning it1

The 'e+uirement of Slaughtering in the Islamic Manner

!and animals "hich are permissible as food are of t"o inds1 The first consists of those animals "hich are tame or domesticated& such as camels& co"s& goats& poultry& and other fo"l "hich are raised on a farm or in the house& "hile untamed and "ild animals are of the second type1 In order to render their flesh halal+ Islam re/uires that animals of the first category be slaughtered in the manner prescribed by Islam1

The Conditions of Islamic Slaughtering

According to the Shari.ah+ the legal purification of the flesh of animals re/uires that the follo"ing conditions be met:

1. The animal should be slaughtered by a sharp ob0ect "hich is capable of

ma ing it bleed by se'ering blood 'essels& e'en if the sharp ob0ect is a stone or a piece of "ood1 7Adi bin Hatim narrated that he said to the Prophet 9peace be on him<& 6? Messenger of Allah& "e go hunting and sometimes "e do not ha'e a nife "ith us1 %e may find a sharp roc or a piece of "ood or a reed16 The Prophet 9peace be on him< said: +!he ob(ect is to ma&e it bleed with whatever you have and mention the name of Allah over it%** 9Reported by Ahmad& Abu $aoud& *isai& Ibn Ma0ah& al3Ha im& and Ibn Hibban1<

2. The slaughtering is to be done by cutting the throat of the animal or by

piercing the hollo" of the throat& causing its death1 The best "ay is to cut the "indpipe& the gullet& and the t"o 0ugular 'eins1 9#ome 0urists ha'e cited further conditions& but "e ha'e omitted them as "e did not find e,plicit te,ts mentioning them1 The slaughtering of animals is no"n instincti'ely to all people& and to go into depth and detail concerning it does not accord "ith Islam& "hich eeps matters easy and simple1 The more details these 0urists ha'e attempted to list& the more confusion they ha'e caused8 for e,ample& is it necessary to cut all four parts 3 the "indpipe& the gullet and the t"o 0ugular 'eins 3 or only some of them> #hould the nife point do"n"ard or up"ard> Can the hand be raised before the slaughtering is completed or not> and so on& "ithout end& "ith each alternati'e ans"er to these /uestions finding support among some 0urists1< Ho"e'er& if it becomes impossible to slaughter the animal in the specified manner& this second condition is cancelled8 for e,ample& the animal may ha'e fallen headlong into a "ell so that its throat is inaccessible& or it may become "ild and start ic ing and running1 #uch cases are treated in the manner of game animals and it is sufficient to "ound the animal at any place to ma e it bleed1 ?n the authority of Raf7i ibn Fhadi0& both al3Bu hari and Muslim report the former as narrating: We were on a (ourney with the ,rophet (peace be on him) when one of the camels bolted away% As the people did

not have a horse, a man shot an arrow which struc& the camel and wounded it% !he ,rop(peace be on him) said, *Some of these animals are li&e wild beasts% )f any of them behaves li&e this, treat it in this fashion%* 9Reported by al3Bu hari and Muslim1<

3. *o name other than Allah7s should be mentioned o'er the animal at the time

of slaughter8 concerning this condition there is a consensus among all the 0urists1 The people of the time of 6ahili$$ah sought to propitiate their deities and idols by sacrificing animals to them& either by in'o ing their names "hile slaughtering or by immolating them on altars specified for them1 As mentioned pre'iously& the 4ur7an prohibited all this in the "ords& =orbidden to you are%%%that which has been dedicated to anyone other than Allah%%%and that which has been sacrificed to idols% 9A:D 9;<<
9The correct manner of mentioning the name of Allah at slaughtering is& >Bismillah Allahu akbar> 9in the name of )od& )od is the most great<1 ?n this occasion the "ords al-'ahman al-'aheem 9the Compassionate& the Merciful< do not follo" Bismillah as they ordinarily do& since slaughtering is not an

4. The name of Allah should be mentioned "hile slaughtering the animal1

act of mercy1 9Trans1<<

This is clear from 4ur7anic te,ts and ahadithA Allah Ta7ala says: !hen eat of that over which the name of Allah has been mentioned, if you believe in His signs% 9C:11B< And do not eat of that over which the name of Allah has not been mentioned, for truly that is impiety%%%% 9C:1-1< And the Messenger of Allah 9peace be on him< said: )f the blood is drained (from the animal) and the name of Allah has been mentioned over it, you may eat of it% 9Reported by al3Bu hari and others1< This condition is further supported by other sound ahadith "hich state that Allah7s name must be pronounced "hile hunting 0ust before an arro" is shot or a hunting dog is sent for the chase1 This point "ill be discussed later in the section on hunting1

#ome scholars are of the opinion that although the name of Allah must be mentioned& it is not necessary to mention it at the time of slaughtering the animal8 one can mention it at the time of eating& since in that case it cannot be held that it "as eaten "ithout mentioning the name of Allah o'er it1 In the Sahih of al3Bu hari "e find a hadith narrated by 7Aisha& "ho said& Some people who had recently become 8uslims said to the ,rophet (peace be on him), *,eople bring us meat and we do not &now whether they have mentioned the name of Allah over it or not% Shall we eat of it or not * !he ,rophet (peace be on him) replied, *8ention the name of Allah (over it) and eat%+ 9The correct in'ocation "hen one begins to eat or drin is Bismillah
ar-'ahman ar-Raheem& 6In the name of )od& the Compassionate& the Merciful&6 coupled "ith a supplication such as& Allahumma+ barik lana fi ma raDa-tana wa -ina adhab an-nar+ 6?ur !ord& bless us in "hat 2ou ha'e pro'ided for us and sa'e us from the punishment of the (ire16 9Trans1<<

The

isdom of the Islamic Manner of Slaughtering

The "isdom of the Islamic rules of slaughtering is to ta e the animal7s life in the /uic est and least painful "ay8 the re/uirements of using a sharp instrument and of

cutting the throat relate to this end1 It is forbidden to rend the throat by using teeth or nails since this "ill cause pain to the animal and is li ely to strangle it1 The Prophet 9peace be on him< recommended sharpening the nife and putting the animal at ease& saying& Allah has ordained &indness (or e$cellence) in everything% )f &illing is to be done, do it in the best manner, and when you slaughter, do it in the best manner by first sharpening the &nife and putting the animal at ease% 9Reported by Muslim on the authority of #haddad bin Aus1< In another hadith narrated by Ibn7.mar& the Prophet 9peace be on him< said& +When one of you slaughters, let him complete it,+ 9Reported by Ibn Ma0ah1< meaning that one should sharpen his nife "ell and feed& "ater& and soothe the animal before illing it1 Ibn 7Abbas reported that once the Prophet 9peace be on him< sa" a man "ho "as sharpening his nife after laying do"n a sheep to be slaughtered1 The Prophet 9peace be on him< rebu ed him saying& +"o you intend to ma&e it die two deaths Why did you not sharpen your &nife before laying it down + 9Reported by al3Ha im& "ho classified it as 6sound6 according to the standard of al Bu hari1< ?nce 7.mar sa" a man dragging a sheep by its leg to be slaughtered1 He said& +Woe to you: 'ead it to its death in a decent manner%+ 9Reported by 7Abd ur3Ra55a/1< Thus the main intent here is to be ind to the unfortunate animal and spare it unnecessary suffering insofar as this is possible1 The people o f 6ahili$$ah "ere fond of cutting off the humps of li'e camels and the fat tails of li'e sheep in order to eat them1 In order to put a stop to this barbaric practice& the Prophet 9peace be on him< forbade the eating of any part obtained in this fashion& saying& +Any part cut off a living animal is dead flesh,+ 9Reported by Ahmad& Abu $aoud& al3Tirmidhi& and al3Ha im1<

The Significance of Mentioning Allah,s -ame

Mentioning the name of Allah to purify the act of slaughtering has a subtle significance "hich "e "ould do "ell to ponder1 (irst& this practice is in opposition to the practice of the idolaters and the people of 6ahili$$ah+ "ho mentioned the names of their non3e,istent deities "hile slaughtering animals1 #ince the polytheist mentions the name of a false deity& ho" can the Belie'er fail to mention the name of the true )od> #econd& these animals& li e human beings& are creatures of Allah& and li e them they ha'e life1 Ho" then can a man ta e control of them and depri'e them of life unless he first obtains permission from his& and their& common Creator& to %hom e'erything belongs> Mentioning the name of Allah "hile slaughtering the animal is a declaration of this di'ine permission& as if the one "ho is illing the animal "ere saying& 6This act of mine is not an act of aggression against the uni'erse nor of oppression of this creature& but in the name of Allah I slaughter& in the name of Allah I hunt& and in the name of Allah I eat16

Animals Slaughtered b% the People of the $ook

%e ha'e seen that Islam emphasi5es that the animal must be slaughtered in a prescribed manner1 The polytheists of Arabia and other nations had made animal sacrifice an act of "orship& or rather an integral part of their belief system and a pillar of their religion& see ing to propitiate their deities by sacrificing animals either at their special altars or by mentioning their names o'er them1 Islam abolished these pagan rites and ordained that no name e,cept that of Allah be mentioned "hile slaughtering& and it prohibited "hat "as sacrificed at an altar or dedicated to anyone other than Allah #ubhanahu "a Ta7ala1 *o" although the People of the Boo the =e"s and Christians are essentially belie'ers in one )od& some Muslims ne'ertheless supposed that in matters related to food the People of the Boo "ere to be treated in the same manner as idolaters1 Thereupon Allah Ta7ala granted special permission to Muslims in the matter of eating "ith the People of the Boo and in the matter of marriage to their "omen1 In Surah al-Maidah+ the last surah of the 4ur7an to be re'ealed& Allah says& !oday whatever is good is made lawful to you% And the food of those who were given the Scripture (before you) is permitted to you and your food is permitted to them%%%% 9A:C 9A<< The meaning of these 'erses is& in brief& that from this day for"ard all good& pure& and "holesome things are permitted to you Muslims8 conse/uently& there can be no more bahirah+ saibah+ wasilah+ or hamA #ince Allah did not prohibit it& the food of the =e"s and the Christians is permitted to you on the basis of the original permissibility of things& and li e"ise you can share your food "ith them1 Accordingly& you can eat the flesh of the animals they ha'e slaughtered or hunted& and they can eat "hat you ha'e slaughtered or hunted1 %hile Islam ta es an uncompromising attitude to"ard polytheists& it is lenient to"ard the People of the Boo & for they are closer to Muslims in their belief in di'ine re'elation& prophethood& and other fundamentals of 1 Islam permits us to eat "ith them& to marry their "omen& and& in general& to ha'e social relations "ith them1 It may be that& by interacting "ith Muslims in an Islamic en'ironment and obser'ithe beliefs& practices& and characters of Muslims& they may come to reali5e that Islam is in truth their o"n religion but "ith a higher le'el of spirituality& a more perfect Shari.ah+ and boo s of greater authenticity& 9That is& the Holy 4ur7an& the boo s of Ahadith+ and the Sirah 9biography< of the Prophet1 9Trans1<< "hile also free of the influence of paganism& man3made concepts& and falsehood1 The application of the phrase& 6the food of those "ho "ere gi'en the #cripture&6 is general and includes their meats& produce& and other foods1 All of these are halal for us e,cepting "hat is haram in itself& e1g1& the flesh of a dead animal& por & and flo"ing blood& as these are haram regardless of "hether they are obtained from a Christian& a =e" or a Muslim1 %e no" turn to 'arious /uestions "hich are of sufficient importance to Muslims to re/uire an ans"er here1

Animals Slaughtered for Churches and Christian "esti.als

If one does not hear from a Christian or a =e" that a name other than Allah7s such as that of =esus or a saint& "as mentioned at the time of slaughter& the meat he offers is halalA If& ho"e'er& he says that a name other than Allah7s has been mentioned& it is haram+ according to the opinion of some 0urists "ho argue that it falls under the heading of "hat has been dedicated to other than Allah1 #ome others hold the opinion that the food of the People of the Boo has been permitted to us by Allah& %ho is a"are of "hat they say "hen slaughtering an animal1 #omeone as ed Abu al3$arda "hether he could eat the flesh of a lamb& slaughtered for the Church of #t1 )eorge& "hich had been gi'en to him1 Abu al3$arda ans"ered& 6? Allah& may 2ou pardon usG Are they not the People of the Boo & "hose food is halal for us and ours for them> He then told the person to eat it1 9Reported by al3 Tabari1< Imam Mali "as once as ed about eating the flesh of animals slaughtered for Christian festi'als and churches1 He replied& I classify it as makruh but not haram1 makruh because I am afraid it may ha'e been dedicated to someone other than Allah but not haram because perhaps& "ith respect to the People of the Boo & the meaning of the phrase& 7that "hich has been dedicated to any other than Allah&7 applies only to those animals "hich they slaughter for the purpose of see ing the pleasure of their deities 9This may refer to =esus& Mary& or to other saints1 9Trans1<< and not to eat1 As for "hat they slaughter to eat& it is their food& and Allah says, *!he food of those who were given the Scripture is permitted to you%* 9This ruling by Imam Mali
demonstrates his humility& piety& and caution in religion1 He did not rush to the conclusion that it "as haram+ as some 0urists do today but confined himself to stating that it "as makruhA As "e can see& faced "ith the problem of reconciling t"o conflicting general categories& that "hich is dedicated to anyone other than Allah and the permissibility of the food of the People of the Boo & he e,ercised caution and deliberation1<

9A:C 9:<<

Animals Slaughtered $% Electric Shock and &ther Methods

The second /uestion is this: Is it necessary that the method of slaughter of an animal employed by the People of the Boo so that it is halal in their religion be the same as ours& "hich is to cut the throat> A ma0ority of 0urists stipulate this as a condition& "hile a number of Mali i 0urists ha'e ruled that it is not a condition1 4adi Ibn al3Arab<& in e,plaining the 'erse of Surah al-Maidah+ +!he food of those who were given the Scripture is permitted to you,+ 9A:C 9:<< says: This is a decisi'e proof that the game and food of the People of the Boo are among the good things "hich Allah has allo"ed for us1 He& the Most High& has repeated it t"ice in order to allay doubts and to seal the mouths of those mischie'ous ob0ectors& "ho "ould raise /uestions and prolong the discussion1 I "as as ed: 7If a Christian ills a chic en by cutting off its head and then coo s it& is it permissible to eat "ith him or to parta e of his food>7 I said: 7+at it& as this is his food and the food of his priests and mon s1 Although this is not our "ay of slaughtering the animal& yet Allah has permitted their food to us unconditionally& and also other things in their religion e,cepting those "hich Allah says they ha'e falsified17 ?ur scholars ha'e said: They

gi'e us their "omen in marriage and it is permissible to engage in se,ual intercourse "ith them1 In matters concerning halal and haram+ se,ual intercourse is of gra'er import than eating8 ho" then does it ma e sense to say that their food is not halal@ This is the opinion of Ibn al3Arab<1 ?n another occasion he says: 6%hat they eat "ithout intending to ma e it la"ful for eating& as for e,ample by strangling the animal or smashing its head& is haramA> There is no contradiction bet"een these t"o statements of his1 %hat is meant here is that "hat they consider as religiously la"ful to eat is halal for us& e'en though the method of illing the animal in their religion may be different from ours& and "hat is not religiously la"ful to them is haram for us1 %hat is meant by illing the animal in their religion is illing it "ith the intention of ma ing it la"ful as food according to their religion1 This is the opinion of a group of Mali i 0urists1 In the light of this ruling& "e no" that imported meats& such as chic en and canned beef& originating "ith the People of the Boo are halal for us& e'en though the animal may ha'e been illed by means of electric shoc or the li e1 As long as they consider it la"ful in their religion& it is halal for us1 This is the application of the abo'e 'erse from Surah al-MaidahA

The Meat of Zoroastrians and &thers )ike Them

A difference of opinion e,ists among 0urists concerning the meat of animals slaughtered by the Horoastrians or Parsees :Ma6us;A The ma0ority forbids the eating of it because they are polytheists& "hile others say that it is halal because the Prophet 9peace be on him< said& +!reat them as you treat the ,eople of the <oo&%+ 9Reported by Mali and al3#hafi7i1 %hat comes at the end of this hadith+ 6$o not marry their "omen nor eat their meat&6 is not considered authentic by the compilers of AhadithA; The Prophet 9peace be on him< accepted 6iD$ah from the Horoastrians of Ha0ar1 9Reported by al3Bu hari and others1< In the chapter on slaughtering in Ibn Ha5m7s boo & AlMuhalla+ 9Iol1 :& p1 DAC1< the author says& 6They are also a People of the Boo 8 hence all the rules related to the People of the Boo apply to them16 9Ibn Ha5m7s opinion undoubtedly
carries great "eight1 He "as 'ery meticulous in applying the te,ts of the 4ur7an and Ahadith+ as "ell as being no"ledgeable concerning the history of nations and their customs1 Al3Baghdadi& in his boo Al-#ar- Ba$n al#ira-+ states: 6The Magians 9Horoastrians< claim that Horaster "as a prophet6 #ome modern Islamic scholars "ho ha'e conducted researches into ancient cultures& such as Abul Falam A5ad& support this 'ie"1<

!i e"ise the #abeans are classified by Abu Hanifah as belonging to the category of People of the Boo 1 9#ome researchers of our time ha'e attempted to e,tend the circle of People of the Boo to include
idolatrous such as Hindus and Buddhists& but they are stretching the matter too far1 #ee& for e,ample& Tafsir alManar+ 'ol1 C& in the interpretation of the a$ah+ 6The food of those "ho "ere gi'en the #cripture is permitted to you&6 in the chapter dealing "ith the food of idolatrous and marriage to their "omen1<

A 'ule/

hat

e !o -ot See Should -ot $e Probed Into

It is not re/uired of the Muslim to in/uire about "hat he has not "itnessed& i1e1& Ho" "as the animal illed> $id the manner of Claughter meet the Islamic conditions> %as

the name of Allah mentioned "hile slaughtering or not> If the animal "as slaughtered by a Muslim& e'en if he is ignorant or sinful& or by someone from among the People of the Boo & eating it is halal for us1 %e ha'e already narrated a hadith in "hich it "asaid to the Prophet 9peace be on him<: +,eople bring us meat and we do not &now whether they have mentioned the name of Allah over it or not% Shall we eat it or not + and the Prophet 9peace be on him< replied& +8entionthe name of Allah (over it) and eat%+ Concerning the application of this hadith+ scholars say: This is proof that the actions and practices of people are ordinarily considered to be correct and appropriate& "hile de'iation or error must be pro'ed1

H-(#i()
Many Arabs and peoples of other nations formerly li'ed by hunting8 hence the 4ur7an and Sunnah ha'e addressed themsel'es to this matter1 Muslim 0urists ha'e al"ays treated the sub0ect of hunting under a separate heading& e,plaining "hat is la"ful and "hat is prohibited& "hat is obligatory and "hat is commendable in this regard& since many animals and birds "hose flesh is "holesome are neither tamed nor under man7s control1 In order to render eating them halal+ Islam does not re/uire that the throats of such creatures be cut or that the hollo" of their throat be pierced& as is re/uired for the slaughter of tame and domesticated animals1 It is sufficient to do something of this sort but to a lesser degree& as the circumstances of the hunt permit1 People ha'e al"ays follo"ed their instincts "hile hunting& and Islam does not oppose "hat is natural and instincti'e& but merely adds a fe" conditions in order to bring hunting& as it brings all the other affairs of Muslims& in accord "ith its general belief system1 #ome of these conditions apply to the hunter& others to the game& and still others to the instrument of hunting1 These conditions apply& naturally& only to land game1 As for sea game& Allah has permitted all of it "ithout restriction& as "as mentioned earlier: !he game of the sea is permitted to you and so is its food, a provision for you and for travellers by sea%%%% 9A:EE 9EC<<

Conditions Pertaining to the Hunter

The conditions pertaining to the hunter are the same as those "hich pertain to the butcher: that he should be either a Muslim& a =e"& a Christian& a Horoastrian& or a #abean1 Islam teaches the hunter that he should not hunt merely for sport& ta ing the life of animals "ithout intending to eat them or other"ise benefit from them1 The Prophet 9peace be on him< said: )f someone &ills a sparrow for sport, the sparrow will cry out on the "ay of 9udgement, *6 'ord: !hat person &illed me in vain: He did not &ill me for any useful purpose%* 9Reported by al3*isai and by Ibn Hibban in his SahihA;

Again& he said: Whoever &ills a sparrow or anything bigger than that without a (ust cause, Allah will hold him accountable on the "ay of 9udgement% !he listeners as&ed, 6 8essenger of Allah, what is a (ust cause He replied, !hat he &ill it to eat, not to simply chop off its head and then throw it away% 9Reported by al3*isai and al3Ha im "ho said that its transmission is sound1< Another condition is that the Muslim should not be in the state of ihram
or .umrah+ the lesser and 'oluntary pilgrimage1 9Trans1<< 9Ihram refers to the state of consecration& physical and spiritual& of the Muslim "ho is performing ha66+ the obligatory pilgrimage&

for ha66 or .umrah+ for at that time he is in a state of total peace and serenity& the sphere of "hich e,tends to the animals and birds around him1 +'en if some game should appear right in front of him so that he could catch or ill it "ith a spear& it is not permissible for him to do so1 This is to test and train the Belie'er in order to ma e him strong and patient1 As Allah Ta7ala says: 6 you who believe: "o not &ill game while you are in the state of ihram.... ihramAAAA :<1FG :F<;; ...And hunting is haram for you while you are in the state of ihram.... :<13:9;;

Conditions Pertaining to the 0ame

?ne of the conditions pertaining to game is that it should be an animal "hich man is not able to bring under control in order to slaughter it properly& for& according to principle& if it is possible to slaughter it& this must be done& and no other choice remains1 #imilarly& if one shoots an arro" at the animal or if his hunting dog has brought it do"n& as long as he reaches the animal "hile there is still abundant life remaining in it& its throat must be cut1 Ho"e'er& although cutting the throat is preferable& if it is barely ali'e and the hunter lea'es it to die "ithout cutting the throat there is no harm in it1 According to the t"o Sahih.s of al3Bu hari and Muslim& the Prophet 9peace be on him< said: When you set your dog (for the chase), mention the name of Allah% )f he catches the game, and you reach it while it is still alive, cut its throat%

Conditions Pertaining to the Instrument

Instruments of hunting are t"o inds:

a. %eapons& such as s"ords& arro"s& and spears& as mentioned in the a$ah1

%%%in the game which you ta&e with your hands and your spears%%%% 9A:E: 9ED<<

b. Hunting animals "hich can be trained& such as the dog and the leopard
among beasts& and the falcon and ha" among birds1 Allah Ta7ala says: Say: Whatever is good is lawful for you% And eat of what is caught for you

by those you have trained among hunting animals, teaching them as Allah has taught you%%%% 9A:A 9D<<

Hunting #ith

eapons

T"o conditions must be met if the game is illed by a "eapon1 (irst& the "eapon should pierce the body of the animal& ma ing a "ound8 death by mere impact does not render it halalA 7Adi bin Hatim narrated& 6I as ed the Messenger of Allah 9peace be him< about game illed "ith a "eapon :m.irad;A He said& +)f you hurl the weapon and it pierces the game, eat it, but if it is &illed by the blow of its side, do not eat it%+ 9Reported by al3Bu hari and Muslim1< This hadith is proof that "hat ma es the game halal is that the body of the animal be pierced& e'en if the "eapon is blunt1 Accordingly& game illed by a rifle or pistol or the li e is halal as the bullet "ill penetrate its body e'en more deeply than an arro"& spear& or s"ord1 %ith reference to the hadith reported by Ahmad& +"o not eat what is &illed by a bandu"ah unless you slaughter it,+ and the one reported by al3Bu hari on the authority of Ibn 7.mar& "hich states that the animal illed by a bandu-ah is li e an animal illed by a blo"& it should be noted that bandu-ah here refers to a ball of clay and not to the modern bullet1 The Prophet 9peace be on him< li e"ise forbade thro"ing stones at the hunted animal& saying& +!hrowing stones will not hunt the game or &ill an enemy, but it may brea& a tooth or gouge out an eye%+ 9Reported by al3Bu hari and Muslim1 < The second condition to be met "hen hunting "ith a "eapon is that the name of Allah must be mentioned "hen hurling or stri ing "ith the "eapon& as the Prophet 9peace be on him< instructed 7Adi bin Hatim& "hose reports of a hadith are the source material for this topic1 9The abo'e instructions li e"ise apply to hunting "ith a gun1 9Trans1<<

Hunting #ith !ogs and the )ike

If hunting is done "ith a dog or falcon or the li e& the follo"ing is re/uired: first& it should be a trained animal8 second& it should catch the game for its o"ner and not for itself& as the 4ur7an specifies8 and third& the name of Allah must be mentioned "hile sending it for the chase1 The source of these conditions is the follo"ing a$ah1 !hey as& thee (6 8uhammad) what is lawful to them (as food)% Say: Whatever is good is lawful for you% And eat of what is caught for you by those you have trained among hunting animals, teaching them as Allah has taught you, and mention the name of Allah over it%%%% 9A:A 9D<<

1. The definition of 6training6 is "ell no"n1 It means that the animal so trained
is under the control of its o"ner so that "hen he calls it& it responds8 "hen he sends it to"ard the game& it hunts it8 and "hen he restrains it& it halts1 The 0urists ha'e laid do"n 'arious criteria for this8 ho"e'er& common sense is a

better guide in deciding "hether a hunting animal is trained or not1

2. The definition of 6catching the game for its o"ner6 is that it does not itself eat
the game1 The Prophet 9peace be on him< said: +)f you send your dog after the game, and it eats part of it, you should not eat of it, for the dog has hunted the game for itself andnot for you7 but if you send the dog and it &ills the game without eating it, you can eat it, as it has caught it for its master%+ 9*arrated by Ahmad8 also reported by al3Bu hari and Muslim1< #ome 0urists ma e a distinction bet"een hunting animalssuch as dogs and hunting birds such as falcons1 Their opinion is that eating game "hich has been partly eaten by a bird is permissible& "hile if a dog has eaten from it& it is not allo"ed1 The reason for laying do"n these t"o conditions is& first& to emphasi5e that the hunting dog should be "ell3trained& al"ays being under the control of its master& and second& to preser'e human dignity by not allo"ing man to eat the lea'ings of animals1 (inally& "e note that a "ell3trained dog "hich catches the game for its master is 'ery similar to an inanimate "eapon in his hands such as an arro"1

3. Mentioning the name of Allah "hile sending the dog for the chase is li e

mentioning His name "hile shooting the arro"& hurling the spear& or stri ing "ith the s"ord1 The 4ur7anic in0unction& 6mention the name of Allah o'er it&6 has also been emphasi5ed in ahadith+ such as that of 7Adi bin Hatim1 The mandatory nature of this condition has also been demonstrated by the fact that if a dog other than that of the hunter is found at the game& eating of it is not la"ful1 *Adi said to the ,rophet (peace be on him),

+Suppose ) send my dog but ) find another dog at the game, and ) do not &now which dog caught it + !he ,rophet (peace be on him) replied, +"o not eat it, for while you mentioned the name of Allah over your dog, you did not mention it over the other dog%+
Ho"e'er& if one forgets to mention Allah7s name "hile dispatching his "eapon or the hunting animal& he can ma e up for it by mentioning it at the time of eating& for Allah has forgi'en the Muslim ummah for the errors it commits due to forgetfulness or error1 As "as mentioned earlier& this also applies in the case of forgetting to pronounce the name of Allah at the time of slaughtering1 The significance of mentioning the name of Allah o'er the animal need not be repeated here& as it "as e,plained earlier in connection "ith slaughtering1

hen the 0ame is "ound !ead

It may happen that although the game is struc by the arro" it may ne'ertheless escape8 the hunter may find it some time perhaps e'en dayslater& dead1 In such a case& the game is la"ful l s food under the follo"ing conditions:

1. That it is not found in "ater1 The Prophet 9peace be on him< said: +)f you
shoot an arrow and it &ills the animal, you can eat it% <ut if it is found in water, you do not &now whether its death was caused by drowning or by your arrow%+ 9Reported by al3Bu hari and Muslim <

2. That it has no "ounds other than the "ound inflicted by the arro"1 7Adi bin
Hatim as ed the Prophet 9peace be on him<& 6%hat if I shoot an arro" and find the game the ne,t morning "ith my arro" in it>6 The Prophet 9peace be on him< replied: +)f you &now that your arrow &illed it, and you do not find any wound inflicted by wild beasts, you may eat it%+ 9Reported by al3Tirmidhi& "ho classifies it as sahihA <

3. That the game has not reached the stage of decay1 People of sound taste are
naturally re'olted and nauseated by rotten meat& and eating it is also li ely to be in0urious1 It is narrated in the Sahih of Muslim that the Prophet 9peace be on him< told Abu Th7alabah al3Fhashini& +-ou shoot an arrow but the game disappears for three days% )f you then come upon it, you may eat what is not decayed of it%+

INTO>ICANTS
The Arabic "ord khamr signifies any alcoholic drin "hich causes into,ication1 %e "ould be stating the ob'ious if "e "ere to discuss the harmful effects of drin ing on the indi'idual7s mind& his health& his religion& and his "or 8 or if "e discussed the disasters "hich he brings upon his family by neglecting their needs and by not fulfilling his obligations& as the head of the family& to"ard his "ife and children8 or if "e elaborated on the spiritual& material& and moral e'ils "hich proliferate in societies and nations due to the "idespread consumption of alcohol1 A researcher in this area has rightly stated that: Man ind has not suffered any greater calamity than that brought about by the use of alcohol1 If statistics "ere collected "orld"ide of all the patients in hospitals "ho& due to alcohol& are suffering from mental disorders& delirium tremens+ ner'ous brea do"ns& and ailments of the digesti'e tract& to "hich are added the statistics of suicides& homicides& ban ruptcies& sales of properties& and bro en homes related to the consumption of alcohol& the number of such cases "ould be so staggering that& in comparison to it& all e,hortation and preaching against drin ing "ould seem too little1 The Arabs during the period of 6ahili$$ah "ere 'ery fond of "ine and drin ing parties1 This lo'e of "ine is reflected in their language& "hich has nearly one hundred names for it& and in their poetry& "hich celebrates the praises of "ine& goblets& drin ing parties& and so on1 To eradicate this per'asi'e e'il from society& Allah #ubhanahu "a Ta7ala adopted a "ise course of education and training& prohibiting it in measured stages1 (irst& He made it clear to them that the harm of drin ing "ine is greater than its benefit8 ne,t& He told them not to come to salat "hile into,icated8 and finally& He re'ealed the 'erse in Surah al-Maidah "hich prohibited it totally and decisi'ely: 6 you who believe: !ruly, into$icants and gambling and divination by arrows are an

abomination of Satan*s doing: avoid it in order that you may be successful% Assuredly Satan desires to sow enmity and hatred among you with into$icants and gambling, and to hinder you from the remembrance of Allah and from salat. Will you not then desist 9A:E;3ED 9E@3E1<< In these t"o 'erses& Allah strictly prohibited "ine and gambling& lin ing them to idols and see ing omens by means of di'ining arro"s& and declared them to be ri6s 9abominable or filthy<& a term "hich the 4ur7an reser'es for e,tremely indecent and e'il things1 He ascribes them to the "or of #atan& "hich indeed consists only of obscenity and e'il& and commands the Belie'ers to abstain from them as the only "ay to attain success1 Allah Ta7ala then mentions the harmful effects of "ine and gambling on society& namely& the brea ing of relationships and ensuing enmity and hatred& in addition to the harm they do to man7s soul by causing him to neglect the religious obligations of remembering Allah and of performing salatA The 'erses end "ith a 'ery stern admonition to abstain: +Will you not then desist + And "hen the Prophet 9peace be on him< had finished reciting these 'erses for the first time& the listeners ans"ered "ith the fer'ent cry& +We have desisted, 6 'ord: We

have desisted:+
The response of the Muslims to these 'erses "as remar able indeed1 At the time some people "ere drin ing& "ith partly3filled cups in their hands1 As soon as they heard someone announcing& 6%ine has indeed been prohibited&6 they poured the remaining drin s upon the ground and bro e the big clay pots in "hich other drin s "ere being fermented1 Many present3day go'ernments throughout the "orld are con'inced of the harmful effects of alcohol on indi'iduals& families& and society1 #ome go'ernments& such as that of the .nited #tates& ha'e e'en tried to abolish alcohol by passing& and attempting to enforce& la"s prohibiting the drin ing of alcohol1 It is only Islam "hich has succeeded in combating and eradicating it1 The churchmen hold differing opinions concerning the position of alcohol in Christianity1 #ome argue that the Biblical te,t permits drin ing in small /uantities& since it is good for the digestion1 9#ee& for e,ample& I Tim1 A:-;1< But if this should be true& e'en though a little "ine may be beneficial to the digestion& this little must be prohibited& as a small amount leads to large amounts and one glass to other glasses& until one becomes7 addicted to it1 (or this reason Islam7s stand in prohibiting alcohol and in bloc ing all a'enues "hich lead to drin ing is 'ery clear and une/ui'ocal1

All That Into(icates Is Haram

The first declaration made by the Prophet 9peace be him< concerning this matter "as that not only is "ine prohibited but that the definition of khamr e,tends to any substance "hich into,icates& in "hate'er form or under "hate'er name it may appear1 Thus& e,ample& beer and similar drin s are haramA The Prophet 9peace be on h< "as once as ed about certain drin s made from honey& corn& or barley by the process of fermenting them until they became alcoholic1 The Messenger of Allah 9peace be on him<& blessed as he "as "ith the best of speech7

replied succinctly& +;very into$icant is khamr! and every khamr is haram.+ Reported by Muslim1 < And 7.mar declared from the pulpit of the Prophet& +#hamr is that which befogs the mind%+ 9Reported by al3Bu hari and Muslim1 <

hate.er Into(icates in )arge Amounts is Haram in An% Amount

Islam ta es an uncompromising stand in prohibiting into,icants& regardless of "hether the amount is little or much1 If an indi'idual is permitted to ta e but a single step along this road& other steps follo"8 he starts "al ing and then running& and does not stop at any stage1 This is "hy the Prophet 9peace be on him< said& +6f that which into$icates in a large amount, a small amount is haram.$ 9Reported by Ahmad Abu $aoud& and al3Tirmidhi1 < And again& +)f a buc&etful into$icates, a sip of it is haram.$
$aoud& and al3Tirmidhi1< 9Reported by Ahmad Abu

Trading in Alcohol
The Prophet 9peace be on him< did not stop at prohibiting the drin ing of alcohol& "hether much or little& but he also forbade any trading in it& e'en "ith non3Muslims1 It is not permissible for a Muslim to import or e,port alcoholic be'erages& or to o"n or "or in a place "hich sells them1 In connection "ith alcohol& the Prophet 9peace be on him< cursed ten categories of people saying: !ruly, Allah has cursed khamr and has cursed the one who produces it, the one for whom it is produced, the one who drin&s it, the one who serves it, the one who carries it, the one for whom it is carried, the one who sells it, the one who earns from the sale of it, the one who buys it, and the one for whom it is bought% 9Reported by al3 Tirmidhi and Ibn Ma0ah& on reliable authority1 < %hen the abo'e 'erse of Surah al-Maidah "as re'ealed& the Prophet 9peace be on him< announced: !ruly, Allah has prohibited khamr. !herefore, whoever hears this verse and possesses some of this substance should neither drin& it nor sell it% The narrator of this hadith says& +!he people brought forth whatever they possessed of it and poured it out in the streets of 8adinah%+ 9Reported by Muslim1< #ince the Islamic method is to bloc all a'enues "hich lead to the haram+ it is also haram for a Muslim to sell grapes to a person "hom he no"s "ill ma e khamr from them1 A hadith states: )f someone stoc&piles grapes during harvest time and holds them in order to sell them to a 9ew or >hristian or anyone else (even if he be a 8uslim) who produces khamr! he will be leaping into the =ire with his eyes open% 9Reported by al3Tabarani in Al-Awsat+ and classified as sahih by al3 Hafi5 in Bulugh al-MaramA;

Alcohol Cannot $e 0i.en as a 0ift

=ust as the sale of alcohol or recei'ing the price of it is haram for the Muslim& li e"ise gi'ing it as a gift to anyone& such as a Christian or =e"ish friend& is haramA Alcoholic be'erages cannot be recei'ed or gi'en by a Muslim as gifts because a Muslim is pure and neither gi'es nor recei'es anything e,cept "hat is pure1 It is reported that a man brought a cas of "ine to the Prophet 9peace be on him< as a gift1 The Prophet 9peace be on him< informed him that Allah had prohibited it1 *Shall ) not sell it * as&ed the man% *!he 6ne Who ,rohibited drin&ing it has also prohibited selling it,* replied the ,rophet (peace be on him)% *Shall ) not give it to a 9ew as a gift * as&ed the man% *!he 6ne Who has prohibited it has also prohibited that it be given as a gift to the 9ew,* said the ,rophet% *!hen what shall ) do with it * as&ed the man% *,our it on the ground,* the ,rophet replied% 9Reported by al3Hameedi in his Musnad1 <

A.oiding !rinking Parties

In the same spirit& the Muslim is ordered to stay a"ay from drin ing parties or gatherings at "hich drin s are ser'ed1 7.mar narrated that he heard the Messenger of Allah 9peace be on him< saying& +Whoever believes in Allah and the 'ast "ay must not sit at table at which khamr is consumed%+ 9Reported by Ahmad8 al3Tirmidhi
also

%hile it is the duty of a Muslim to eradicate the e'il he sees& if he is unable to do so& he must stay a"ay from it& lea'ing the place "here people are engaged in such things1

reports

something

similar

to

it1<

It is reported that the rightly3guided Caliph 7.mar ibn 7Abdul7A5i5 used to flog not only those "ho dran but those "ho sat "ith them as "ell& e'en if they "ere not themsel'es drin ing1 %hen once he "as told of a group of people "ho "ere at a drin ing party& he ordered that all of them be flogged1 He was told that a person who was fasting was among them% +<egin with him,+ he said% +Have you not heard Allah*s saying, *And He has revealed to you in the <oo& that when you hear the revelation of Allah re(ected and moc&ed, you are not to sit with them until they turn to some other theme7 for if you do so, you will be li&e them%%%%* + 9D:1D@<

Alcohol, Itself a !isease, Cannot $e a Medicine

(rom all the e,plicit te,ts of the 4ur7an and ahadith /uoted abo'e& "e see that Islam is 'ery firm in combating alcohol& as "ell as in eeping the Muslim a"ay from it by erecting barriers bet"een him and it so that no opening& either "ide or narro"& is left for him either to consume alcohol or to touch it1 The Muslim is not allo"ed to drin it in large or small amounts8 he is not permitted to handle it through selling or buying& manufacturing& or gi'ing it as a gift8 he is not allo"ed to bring it to his home or

shop8 he is not allo"ed to ser'e it at gatherings& for a 0oyous occasion or other"ise& or to ser'e it to a non3Muslim guest8 and he is not allo"ed to mi, it "ith any food or be'erage1 A /uestion raised by some people "hich still remains to be ans"ered concerns the use of alcohol as a medicine1 This /uestion "as ans"ered by the Prophet 9peace be on him< "hen a man told him that he used "ine as a medicine1 The Prophet 9peace be on him< said& +)t is not a medicine but a disease,** 9Reported by Muslim& Ahmad& Abu
$aoud& and al3Tirmidhi1<

He also said& Allah has sent down the disease and the cure, and for every disease there is a cure% So ta&e medicine but do not use anything haram as medicine% 9Reported by Abu3$aoud1< %ith regard to into,icants Ibn Mas7ud said& 6Allah has not made a cure for you in "hat He has prohibited to you16 9Reported by al3Bu hari as a comment on the preceding hadith1< It is therefore not surprising that Islam forbids the use of alcohol and other prohibited substances as medicines1 As e,plained by Ibn 4ayyim& the prohibition of a thing implies a'oiding and staying "ay from it by e'ery means& "hile ta ing it as a medicine renders it desirable and reuires eeping it on hand& and this is against the !a"3)i'er7s purpose1 Ibn 4ayyim& said& 6If alcohol "ere permitted as medicine "hen people are already inclined to"ard it& it "ould pro'ide them "ith an e,cuse to drin it for pleasure and en0oyment& especially since people ha'e the impression that it is beneficial for their health& alle'iates their complaints& and cures their diseases16 :0ad al-Ma.ad+ 'ol1 ;& pp1 11A311C1< ?ne may also mention that the attitude of the patient to"ard the medicine he ta es has a considerable effect in hastening or delaying the cure1 Ibn 4ayyim& "ho had considerable insight into human psychology& elaborates on this point in the follo"ing manner: ?ne condition for the efficacy of the medicine is that the patient belie'es in its efficacy and that Allah has placed the blessing of cure in it1 *o" the Muslim patient7s belief that a particular substance& such as alcohol& is haram pre'ents him from belie'ing that it can at the same time be beneficial or blessed1 Thus he "ill not ha'e any trust in it nor "ill he ta e it appro'ingly1 ?n the contraryG The stronger the Muslim7s faith& the greater "ill be his a'ersion to it and the greater his mistrust of it1 If hethen grudgingly ta es "hat he hates and loathes& it "ill not be a cure for him but a disease1 9Adapted from his discussion in 0ad al-Ma.ad+ 'ol1 ;1< Ha'ing said this& "e must again mention the e,empted case of necessity8 the Islamic Shari.ah has a different ruling for such a case1 #upposing a ma7s life "ere in danger and no substitute for a medication containing alcohol "ere a'ailable8 a Muslim physician& "ho "as at once an e,pert in his field and at the same time 5ealous in safeguarding the commands of religion& "ould then find no alternati'e e,cept to prescribe a medication containing alcohol1 As its aim is al"ays the "elfare of human beings& the Shari.ah permits the ta ing of such a medicine in such a case1 Ho"e'er& one must be a"are that this concession is strictly limited to that /uality "hich is deemed essential: %%%<ut if one is compelled by necessity, neither craving (it) nor transgressing, then, indeed, thy 'ord is =orgiving, 8erciful% 9C:1DA<

DRUGS

+?hamr is what befogs the mind%+ These are the "ords spo en by 7.mar ibn al3 Fhattab from the pulpit of the Prophet 9peace be on him<& pro'iding us "ith a decisi'e criterion for defining "hat falls under the prohibited category of khamrA There remains then no room for doubts and /uestions: any substance "hich has the effect of befogging or clouding the mind& impairing its faculties of thought& perception& and discernment is prohibited by Allah and His Messenger 9peace be on him< until the $ay of Resurrection1 $rugs such as mari0uana& cocaine& opium& and the li e are definitely included in the prohibited category of khamrA It is "ell no"n that the use of such drugs affects the sensory perceptions& ma ing "hat is near seem distant and "hat is distant seem near8 that their use produces illusions and hallucinations& so that the real seems to disappear and "hat is imaginary appears to be real8 and that drug usage in general impairs the faculty of reasoning and decision3ma ing1 #uch drugs are ta en as a means of escape from the inner reality of one7s feelings and the outer realities of life and religion into the realm of fantasy and imagination1 Added to this psychological fact are the physical effects: bodily lassitude& dullness of the ner'es& and decline in o'erall health1 The moral conse/uences& moral insensiti'ity& "ea ening of the "ill3 po"er& and neglect of responsibilities are also "ell no"n1 +'entually& addiction to drugs renders a person a diseased member of society1 (urthermore& drug addiction may result in the destruction of the family or e'en in a life of crime1 #ince obtaining drugs in'ol'es a great outlay of money& a drug addict may "ell depri'e his family of necessities in order to buy drugs and may resort to illegal means to pay for them1 %hen "e recall the principle that impure and harmful things ha'e been made haram+ there can be no doubt in our minds concerning the prohibition of such detestable substances such as drugs& "hich cause so much physical& psychological& moral& social and economic harm1 The Muslim 0urists "ere unanimous in prohibiting those drugs "hich "ere found during their respecti'e times and places1 (oremost among them "as #hei h al3Islam Ibn Taymiyyah& "ho said& This solid grass 9hashish< is haram+ "hether or not it produces into,ication1 #inful people smo e it because they find it produces rapture and delight& an effect similar to drun enness1 %hile "ine ma es the one "ho drin s it acti'e and /uarrelsome& hashish produces dullness and lethargy8 furthermore& smo ing it disturbs the mind and temperament& e,cites se,ual desire& and leads to shameless promiscuity& and these are greater e'ils than those caused by drin ing1 The use of it has spread among the people after the coming of the Tartars1 The hadd punishment 9The 4ur7an specifies the punishments for certain crimes& such as lashing for drin ing "ine and
e/ual retaliation or compensation in the case of murder or in0uries1 These punishments are called hadd 9plural&

for smo ing hashish& "hether a small or large amount of it& is the same as that for drin ing "ine& that is& eighty or forty lashes1
hudud<+ meaning 6the limit set by Allah16 9Trans1<<

He e,plained the imposition of hadd for smo ing hashish in the follo"ing manner: It is the rule of the Islamic Shari.ah that any prohibited thing "hich is desired by people& such as "ine and illicit se,ual relations& is to be punished by imposing hadd+ "hile the 'iolation of a prohibited thing "hich is not desired& such as 9eating< the flesh of a dead animal& calls for ta75ir1 9(or crimes concerning "hich no specified punishment is
mentioned in the 4ur7an or Ahadith& the Muslim go'ernment may introduce its o"n punishments& such as fines or imprisonment1 #uch a punishment is called ta.DirA 9Trans1<<

*o" hashish is something "hich is desired& and it is hard for the addict to renounce it Accordingly& the application of the te,ts of the 4ur7an and Sunnah to hashish is similar to that of "ine1 :#atawa Ibn Ta$mi$$ah+ 'ol1 D& p1 -C- f1 Also see his boo & Al-Si$asah al-Shar.i$$ahA;

The Consumption of Harmful Things is Haram

A general rule of the Islamic Shari.ah is that it is haram for the Muslim to eat or drin anything "hich may cause his death& either /uic ly or gradually& such as poisons& or substances "hich are in0urious to health or harmful to his body1 It is also haram to eat or drin large /uantities of a substance if large /uantities of it cause illness1 (or the Muslim is not entirely his o"n master8 he is also an asset to his religion and his ummah 9the Muslim nation<& and his life& health& "ealth& and all that Allah has besto"ed upon him are a trust "ith him "hich he is not permitted to diminish1 #ays Allah #ubhanahu "a Ta7ala: And do not &ill yourselves7 indeed, Allah is ever 8erciful to you% 9D:-E< He also says: And do not be cast into ruin by your own hands%%%% 9-:1EA< And His Messenger 9peace be on him< said: +"o not harm yourself or others%**
9Reported by Ahmad and Ibn Ma0ah1<

As an application of this principle& "e may say that if it is pro'ed that the use of tobacco is in0urious to health& it is haram+ especially for a person "hose physician has ad'ised him to stop smo ing1 +'en if it is not in0urious to health& it is still a "aste of money& spent neither for religious nor for secular benefit& and the Prophet 9peace be on him< forbade "asting of property1 9Reported by al3Bu hari1< This becomes the more serious "hen the money is other"ise needed for the sustenance of oneself or one7s family1

C $#hi() a(. A.$"(%e(#

Islam permits& and in fact re/uires& that the Muslim be careful about his appearance& dress decently& maintain his dignity& and en0oy "hat Allah has created for the purpose of clothing and adornment1 (rom the Islamic point of 'ie"& clothing has t"o purposes: to co'er the body and to beautify the appearance1 Allah #ubhanahu "a Ta7ala counts His besto"al of clothing and adornment upon human beings as one of His fa'ors to man ind: 6 children of Adam: @erily, We have bestowed upon you clothing to cover your shame as well as to be an adornment to you%%%% 9::-C< %hoe'er neglects either of these t"o aspects& co'ering or adornment& has de'iated from the "ay of Islam to"ard the path of #atan1 Accordingly& Allah "arns people concerning both na edness and neglect of good appearance& as these are snares of #atan& in the follo"ing 'erses: 6 children of Adam: "o not let Satan seduce in the same manner as he e$pelled your parents (Adam and ;ve) from the Aarden, stripping them of their raiment in order to e$pose their shame%%%% 9::-:< 6 children of Adam: Wear your beautiful apparel at every place of worship, and eat and drin&, but do not be wasteful%%%% 9::;1<

Islam has made it obligatory on Muslims to co'er their pri'ate parts& "hich e'eryone naturally feels a sense of shame at e,posing in order that they may be distinguished from the na ed animals8 in fact& it instructs them to a'oid unco'ering these parts of their bodies e'en "hen they are alone so that they may attain perfection in morals and religion1 Baha5 ibn Ha im& on the authority of his grandfather& reported the latter as saying: ) as&ed, *6 8essenger of Allah: What should we conceal and what can we show of our private parts * He replied, *'et no one see them e$cept your wife or your bondwoman%* ) then as&ed, *What if some people live together (e%g%, during travel, or camping) * He replied, *)f you can manage it, try not to let anyone see them * ) then said, *And what if no one is present (meaning if one is alone) * He said, *Allah !abara& wa !a*ala is most deserving of your modesty%* 9Reported by Ahmad& Abu $aoud& al3Tirmidhi& and Ibn Ma0ah1<

C ea( i(ess a(. Bea-#i!ica#i$( A"e Cha"ac#e"is#ics $! Is a%

Before directing its attention to the /uestions of adornment and good appearance& Islam addressed itself in considerable depth to the /uestion of cleanliness& for cleanliness is the essence of good appearance and the beauty of e'ery adornment1 It is reported that the Prophet 9peace be on him< said: +>leanse yourself, for )slam is cleanliness%+ 9Reported by Ibn Hayyan1< +>leanliness invites toward faith, and faith leads its possessor to the Aarden% 9Reported by al3Tabarani1<+ The Prophet 9peace be on him< placed a great emphasis on eeping the body& clothing& houses& and streets clean& and he laid special stress on cleaning the teeth& hands& and hair1 This emphasis on cleanliness is not to be "ondered at in a religion "hich ma es cleanliness the ey to its principle form of "orship& salat+ for the Muslim7s salat is not acceptable unless his body& clothing& and the place "here he performs his salat are all clean1 In addition to this re/uirement7 there are the obligatory types of cleansing& either of the entire body in the form of ghusl 9total "ashing<& or of those parts of the body "hich are e,posed to dirt& in the form of wudu 9ablution for salat;A The desert en'ironment of Arabia and the nomadic life of its people "ere not 'ery conduci'e to cleanliness and refinement& and most of them neglected these aspects1 The Prophet 9peace be on him<& "ith his li'ely instruction and to3the3point admonition& gradually led them out of their uncouth habits and taught them refinement and ci'il manners1 ?nce a man approached the Prophet 9peace be on him< "ith his hair and beard dishe'eled1 The Prophet 9peace be on him< made some gestures as if as ing the man to comb his hair1 He did so& and "hen he returned the Prophet 9peace be on him< said to him& +)s not this better than that one should come with disheveled hair, loo&ing li&e a devil + 9Reported by Mali in Al-MuwattaA< ?n another occasion the Prophet 9peace be on him< sa" a man "ith un ept hair and remar ed& +"oes he have nothing with which to comb his hair + 9Reported by Abu $aoud1< .pon seeing another man "ith dirty clothes he remar ed& +>annot he find anything with which to wash his clothes + 9Reported by Abu $aoud1< A man came to the ,rophet (peace be on him) wearing cheap-loo&ing garments% +"o you have property + the ,rophet (peace be on him) as&ed

him% +-es,+ the man replied% +What &ind of property + as&ed the ,rophet (peace be on him)% +Allah has given me all &inds of wealth,+ he said% !he ,rophet (peace be on him) then said to him, +Since Allah has given you wealth, let Him see the effects of His favor and bounty upon you%** 9Reported by
al3*isai1<

The Prophet insisted that people come to general gatherings& such as the (riday and the 7+id prayers& nicely dressed and "ell3groomed1 He said& )f you can afford it, it is befitting that you wear garments other than your wor&ing clothes to =riday prayer% 9Reported by Abu $aoud1<

G$ . a(. P-"e Si + a"e Ha"a% !$" Me(

Beautification and elegance are not merely permitted but are re/uired by Islam& and in general it repudiates any attempts to prohibit them1 Say: Who has forbidden the adornment of Allah which He has brought forth for His servants, and the good things of His providing 9::;-< Islam has& ho"e'er& prohibited t"o inds of adornment for men& "hile permitting them to "omen1 These are& first& gold ornaments and& second& clothing made of pure sil 1 7All reported that the Prophet 9peace be on him< too some sil in his right hand and some gold in his left& declaring& +!hese two are haram for the males among my followers%+ 9Reported by Ahmad& Abu $aoud& al3*isai& Ibn Hayyan& and lbn Ma0ah& "ho reports the additional phrase& 6but halal for the females16< 7.mar reported that he heard the Prophet 9peace be on him< say& +"o not wear sil&, for those who wear it in this life shall not wear it in the Hereafter%+ 9Reported by al3Bu hari and Muslim1 A #imilar hadith is reported by them on the authority of Anas1< ?n another occasion& referring to a sil en garment& he said& +!his is the dress of a man who has no character%** 9Reported by al3Bu hari and Muslim1< The Prophet 9peace be on him< once sa" a gold ring on a man7s hand1 He immediately too it from him and thre" it do"n saying& *"oes a person pic& up a piece of burning coal and hold it in his hand * After the ,rophet (peace be on him) had left the place, someone as&ed the man, *Why do you not pic& it up and benefit from it * He replied, *Bo, by Allah: ) shall not pic& it up after the 8essenger of Allah (peace be on him) has thrown it away%* 9Reported by
Muslim1<

The same prohibition "hich applies to the gold ring li e"ise applies to "hat "e obser'e among conspicuous spenders& i1e1& the gold pen& gold "atch& gold cigarette case and lighter& gold teeth& etc1 The Prophet 9peace be on him<& ho"e'er& permitted men to "ear sil'er rings1 ?n the authority of Ibn7.mar& al3Bu hari reported the former saying& +!he 8essenger of Allah (peace be on him) wore a silver ring% After him, Abu <a&r and then *Cmar and *Cthman wore it, until it fell off his finger into the well of Arees%+ 9Reported by al3Bu hari in the chapter on 6Clothing6 :Al-)ibas;A< As for other metals such as iron& there are no sound te,ts prohibiting them1 ?n the contrary& in the Sahih of al3 Bu hari "e find that the Messenger of Allah 9peace be on him< ad'ised a man "ho "anted to marry a "oman to& +,resent her with a gift, even if it be ring made

of iron%+ ?n the basis of this hadith al3Bu hari inferred the permissibility of iron rings1 The Prophet 9peace be on him< made concessions in the "earing of sil en garments for medical reasons& as he ga'e 7Abd al3Rahman bin 7Auf and al3Hubayr bin al37A""am& both of "hom suffered from scabies& permission to "ear sil 1 9Reported by
al3Bu hari1<

The Wis.$% $! These T,$ P"$hi&i#i$(s C$(ce"(i() Me(

By means of these t"o prohibitions "hich concern men& Islam7s aim is to achie'e certain noble educational and moral ob0ecti'es1 #ince it is the relof 6ihad :stri/ing; and strength& Islam must safeguard the manly /ualities of men from any sho" of "ea ness& passi'ity& and lethargy1 Allah has made the physi/ue of the man different from that of the "oman& and it does not befit a man to "ear clothes made of fine material or to adorn his body "ith costly ornaments1 There is& ho"e'er& a social aim underlying these prohibitions1 The prohibition of gold and sil to males is part of a broader Islamic program of combating lu,uriousness in li'ing1 (rom the 4ur7anic point of 'ie"& lu,urious li'ing leads to "ea ness among nations and to their e'entual do"nfall8 the e,istence of lu,ury is also an e,pression of social in0ustice& as only a fe" can afford lu,urious items at the e,pense of the depri'ed masses of people1 In addition to this& lu,urious li'ing is an enemy of e'ery call to"ards truth& 0ustice& and social reform1 The 4ur7an says: And when We intend that We should destroy a township, we permit its lu$ury-loving people to commit wic&edness therein% !hen the word is proved true against it, and We then destroy it utterly% 91::1C< and again& And We did not send a warner to any township without its lu$ury-loving people saying, *Assuredly we are disbelievers in that with which you have been sent%* 9;D:;D< In eeping "ith the spirit of the 4ur7an& the Prophet 9peace be on him< forbade Muslims any indulgence in conspicuous consumption1 He not only forbade the use of gold and sil to men but also forbade men and "omen ali e the use of gold and sil'er utensils1 (inally& economic considerations also carry some "eight here1 #ince gold is a uni'ersal medium of e,change& using it to ma e household utensils or ornaments for men does not ma e sense in economic tennC1

Wh' G$ . a(. Si + a"e Pe"%i##e. #$ W$%e(

%oman has been e,empted from this prohibition out of consideration for her feminine nature& as the lo'e of 0e"elry and ornaments is /uite natural and becoming

for a "oman1 Ho"e'er& she is not to use her adornments to attract men and arouse their se,ual desires1 According to a hadith, When a woman puts on perfume and goes among people so that its scent reaches them, she is an adulteress, and any eye which is attracted to her is that of an adulterer% 9Reported by al3*isai& and
also

And Allah Ta7ala "arns "omen %%%that they should not stamp their feet in order to ma&e apparent what is hidden of their adornment%%%% 9-D:;1<

by

Ibn

Fha5imah

and

Ibn

Hayyan

in

their

respecti'e

Sahih.sA<

The D"ess $! #he M-s i% W$%a(

Islam ma es it haram for "omen to "ear clothes "hich fail to co'er the body and "hich are transparent& re'ealing "hat is underneath1 It is li e"ise haram to "ear tightly fitting clothes "hich delineate the parts of the body& especially those parts "hich are se,ually attracti'e1 Abu Hurairah narrated that the Messenger& of Allah 9peace be on him< said& ) will not be a witness for two types of people who are destined for the =ire: people with whips, li&e the tails of cows, who beat the people (i%e%, tyrannical rulers who are the enemies of their own people), and women who, although clothed, are yet na&ed, seducing and being seduced, their hair styled li&e the tilted humps of camels% !hese will not enter the Aarden nor will its fragrance even reach them, although its fragrance reaches a very great distance% 9Reported by Muslim1< The Prophet 9peace be on him< described such "omen as being clothed& yet na ed& since their clothing& being transparent and fine& does not do the 0ob of conceling the body but is rather intended to re'eal it8 such is the dress of the "omen of our time1 The Prophet 9peace be on him< li ened their hair3style to the hump of a special breed of camel :bakht; "hich has 'ery large humps& because they put up their hair in a beehi'e shape from the middle of their heads1 It is as if the Prophet 9peace be on him< "ere loo ing beyond the centuries to the present age& "hen dressing the hair of "omen and styling it in 'ariety of shapes has become a profession dominated by men "ho charge top prices for their "or 1 And this is not all1 Many "omen& not satisfied "ith "hat Allah ga'e them in the "ay of natural hair& buy "igs made of artificial hair to add to their o"n in order to increase its body& beauty& and luster& imagining that this renders them better loo ing and more se,ually attracti'e1 The astonishing thing about this hadith is the connection of political oppression "ith moral la,ity1 This connection is borne out by facts& since it is the "ay of rulers to eep people preoccupied "ith their personal desires and lusts so that they ha'e no time to thin about public affairs1

C$(ce"(i() W$%a('s I%i#a#i() Ma( a(. Vice Ve"sa

The Prophet 9peace be on him< declared that a "oman should not "ear a man7s clothing nor a man a "oman7s1 He cursed men "ho imitate "omen and "omen "ho imitate men1 9Reported by al3Bu hari and others1< Aspects of such imitation include the manner of spea ing& "al ing& dressing& mo'ing and so on1

The e'il of such conduct& "hich affects both the life of the indi'idual and of society& is that it constitutes a rebellion against the natural ordering of things1 According to this natural order& there are men and there are "omen& and each of the t"o se,es has its o"n distincti'e characteristics1 Ho"e'er& if men become effeminate and "omen masculini5ed& this natural order "ill be re'ersed and "ill disintegrate1 Among those "ho are cursed by Allah and His angels& both in this "orld and in the Hereafter& the Prophet 9peace be on him< has mentioned the man "hom Allah has made a male but "ho becomes effeminate by imitating "omen& and a "oman "hom Allah has made a female but "ho becomes masculini5ed by imitating men1 9Reported by
al3Tabarani1<

(or this reason the Prophet 9peace be on him< forbade men to "ear fabric decorated "ith large& loud& or bold designs1 In his Sahih+ Muslim reported 7All as saying& !he 8essenger of Allah (peace be on him) forbade me the wearing of a gold ring, a sil&en garment, and clothing with bold designs% Muslim also reports a hadith from Ibn 7.mar& "ho said& 6The Messenger of Allah 9peace be on him< sa" me "earing t"o garments ha'ing bold designs& and he said& +!his is what unbelievers wear% "o not wear such things%+

D"essi() !$" #he Sa+e $! Os#e(#a#i$( a(. P"i.e

The general rule for the en0oyment of the good things of life& such as food& drin & and clothing& is that their use should be "ithout e,tra'agance or pride1 +,tra'agance consists of e,ceeding the limits of "hat is beneficial in the use of the halal+ "hile pride is something related to the intention and the heart rather than to "hat is apparent1 Pride is the intention to loo superior and abo'e others& and Allah does not love any proud boaster% 9A::-;< The Prophet 9peace be on him< said: +6n the "ay of #esurrection, Allah will not loo& at the person who trails his robe behind him out of pride%+ 9Agreed upon by Bu hari and Muslim1< In order to a'oid e'en the suspicion of pride& the Prophet 9peace be on him< forbade Muslims to "ear garments of 6fame6 that is& clothes "hich are "orn in order to impress others and "hich generate competition in 'ain and idle pursuits1 According to a hadith+ 6n the "ay of #esurrection, Allah will clothe the one who wears garments of fame with the garments of humiliation% 9Reported by Ahmad& Abu $aoud&
al3*isai& and Ibn Ma0ah1<

A man as&ed )bn *Cmar, +What &ind of clothes shall ) wear + )bn *Cmar replied, +Such as would neither invite the scorn of the wea&-minded (because of their being cheap and ugly) nor the blame of the wise (because of their being immoderately e$pensive)%+ 9Reported by al3Tabarani1<

G$i() #$ E:#"e%es i( Bea-#i!ica#i$( &' Cha()i() Wha# A ah C"ea#e.

Islam denounces such e,cesses in beautifying oneself as re/uire altering one7s physical features as Allah created them1 The 4ur7an considers such alterations as inspired by #atan& "ho %%%will command them (his devotees) to change what Allah has created%%% 9D:11E<

The P"$hi&i#i$( $! Ta##$$i()3 C-##i() #he Tee#h3 a(. U(.e")$i() S-")e"' !$" Bea-#i!ica#i$(
Among such e,cesses are tattooing and shortening the teeth1 9A beautification practice of the pre3IslaArabs1 9Trans1<< !he 8essenger of Allah (peace beon him) cursed the tattooer and the one who is tattooed, the shortener of teeth and the one whose teeth are shortened% 9Reported by Muslim1< As far as tattooing is concerned& it permanently disfigures the face and other parts of the body "ith blue pigment and repulsi'e designs1 #ome Arabs& especially "omen& "ere in the habit of tattooing large portions of their bodies& "hile people of certain religious sects tattooed pictures of their deities or religious rituals on their hands and chests1 To all these abominations is added the pain and agony "hich the person being tattooed must undergo from the pric ing of the needles1 Because all of this& both the tattooer and the one "ho is tattooed ha'e been cursed1 As for cutting or shortening the teeth& the Prophet 9peace be on him< cursed both the men and the "omen "ho do it and the "omen "ho re/uest it1 If a man does it& he merits an e'en greater curse1 #imilarly& the Prophet 9peace be on him< prohibited "idening the spaces bet"een the teeth& and he cursed %%%Women who widen the gaps between their own or others* teeth for the sa&e of beauty, changing what Allah has created% *o"& Allah ob'iously created some "omen "ith gaps bet"een their teeth and others "ithout1 #ome "omen "ho ha'e no such gaps desire to create them artificially& either by filing or by cutting a"ay parts of the ad0oining teeth1 Islam considers this a form of deception and e,cessi'e in'ol'ement "ith personal beauty& both of "hich it discourages1 (rom these ahadith of the Prophet 9peace be on him<& "e also no" the ruling of the Islamic Shari.ah concerning plastic surgery1 #urgeries for beautification are in 'ogue today as the result of the materialistic outloo of %estern ci'ili5ation& a ci'ili5ation stressing the body and its desires1 Men and "omen spend hundreds and thousands of dollars to reshape their noses or breasts& or "hate'er they consider misshapen1 This beha'ior most certainly belongs in the category of e,cessi'e beautification& unnecessarily changing "hat Allah has created& and it merits the curse of Allah and His Prophet 9peace be on him<1 It li e"ise in'ol'es torture& pain& and "aste of money merely for the sa e of one7s appearance8 it is& moreo'er& an e,pression of an indi'idual7s preoccupation "ith form rather than substance& "ith body rather than "ith spirit1 It may happen that a person has an unusual physical defect "hich attracts the attention of others to the point of inflicting physical and psychological pain e'ery time he meets people1 In this case& he may treat the defect and thus alle'iate the embarrassment "hich made his life miserable1 Allah the Most Merciful has imposed

no hardship on us in religion1111
p1 1@A1<

9Al Bahee al3Fhooly& Al Mar.ah Bain al-Bait wal-Mu6tama.+ -nd edition&

This statement is perhaps supported by the hadith concerning "idening the gap bet"een the teeth for the sa e of beautification& for "hat is disappro'ed here is doing this merely for the sa e of achie'ing good loo s and artificial beauty1 Ho"e'er& if it is needed to eliminate pain or distress& there is nothing "rong "ith it8 but Allah no"s best1

P -c+i() #he E'e&"$,s

Among the e,tremes of beautification prohibited by Islam is al-nams+ "hich denotes remo'ing the hair of the eyebro"s by pluc ing in order to thin or shape them1 The Prophet 9peace be on him< cursed both the "omen "ho do the pluc ing and those "ho see to ha'e it done1 9*arrated by Abu $aoud on good authority1< This practice is particularly fro"ned upon because it is customarily done by prostitutes1 According to some Hanbali scholars& if the husband appro'es it& the remo'al of facial hair 9other than that of the eyebro"s< and the use of po"der& creams& and other beauty aids are permitted to "omen& as this is part of feminine adornment1 Al3 *a"a"i is some"hat more strict& considering the remo'al of facial hair to be al-nams and hence forbidden1 In contrast to his opinion& "e may& ho"e'er& mention Abu $aud7s statement in his Sunan that >al-nams is pluc ing the eyebro"s in order to thin them&6 from "hich "e may conclude that al-nams does not include the remo'al of facial hair1 Al3Tabari reports a narrati'e concerning the "ife of Abu Isha/& "ho lo'ed to beautify herself1 ?nce she 'isited 7Aisha and as ed& 6%hat if a "oman remo'es the hair from her forehead to please her husband>6 7Aisha replied& 6Remo'e "hat is harmful from yoursel'es "hene'er possible169#ath al-Bari+ under the e,planation of the hadith by Ibn Mas7ood in the
chapter entitled 6Pluc ers of +yebro"s&6 in the boo ClothingA<

Wi)s a(. Hai"1ieces

In the category of female adornments& the addition of any other hair& real or artificial& to one7s o"n hairthat is& the "earing of "igs and hairpiecesis also prohibited1 It is reported by al3Bu hari on the authority of 7Aisha& her sister Asma& Ibn Mas7ood& Ibn 7.mar& and Abu Hurairah that +!he 8essenger of Allah (peace be on him) cursed al-wasilah and al-mustawsilah!$ al-mustawsilah+> wasilah denoting a woman whose &rofession is making wigs and hair&ie es. and mustawsilah a woman who uses themA Men are &rohibited su h things to an e/en greater degree+ whether the$ are a wasil : oiffeur or hairdresser; or a mustawsil+ like toda$.s effeminate+ long-haired $oung men of the >hi&&ie> mouldA

The Pro&het :&ea e be on him; was /er$ stri t in ombating su h de e&tions+ so mu h so that if a woman lost her hair due to some illness+ he did not &ermit her to add other hair to that on her head+ e/en if she were soon to be marriedA Al-Bukhari re&orts .Aisha.s narrati/e on erning a girl of the Ansar who was married and subse-uentl$ fell ill+ losing her hairA Some &eo&le wanted to add other hair to her own+ but when the$ asked the Pro&het :&ea e be on him; about this he re&lied+ Allah has cursed the wasilah and the mustawsilah :'e&orted b$ al-Bukhari+ in his book
Clothing+ in the ha&ter entitled >Adding to the Hair>;

Al-Bukhari also re&orts Asma.s narrati/e on erning a woman who said to the Pro&het :&ea e be on him;+ >% Messenger of Allah+ sin e m$ daughter has had measles+ her hair has fallen out+ and I am about to gi/e her in marriageA Shall I add some strands of hair to her hair@> and the Pro&het :&ea e be on him; re&lied+ $Allah has cursed the wasilah and the mustawsilah. :'e&orted b$ al-BukhariA;$ Sa.id ibn al-Musa$ab narrated that Mu.awi$ah deli/ered a &ubli address during his last /isit to MadinahA In the ourse of it he took out a strand of hair+ sa$ing+ >I ha/e not seen an$one using this besides the JewsA Indeed+ the Pro&het :&ea e be on him;+ referring to the adding of hair to one.s own hair+ alled it forger$A> A ording to another re&ort+ he said to the &eo&le of Madinah+ >!here are $our s holars@ I heard the Pro&het :&ea e be on him; &rohibiting the use of this and sa$ing+ %The &hildren of 'srael were destroyed when their women started using this.% > The Pro&het.s terming the use of false hair >a forger$> indi ates the reason for its &rohibitionA It is+ in fa t+ fraud+ falsifi ation+ and de e&tion+ and Islam ondemns de e&tion and disso iates itself from those who &ra ti e it either b$ material or &s$ hologi al means+ for $The one who decei(es us is not of us.$ :'e&orted b$ a
number of sahabah :Com&anions of the Pro&het;A;

7hattabi said+ Harsh &unishments are &romised :in the Hereafter for su h &ra ti es be ause the$ in/ol/e de e&tion and fraudA If an$ of these is allowed+ the door will be o&en for other t$&es of forgeriesA Moreo/er+ this in/ol/es the alteration of 2od-gi/en features+ as mentioned in the hadith of Ibn Mas.ood on erning .The alterers of Allah.s reationA :#ath al-Bari+ in the ha&ter entitled >Adding to the HairA>; !hat is &rohibited in these ahadith is the addition of other hair whether natural or artifi ial+ to one.s own+ as this is a form of de eit and fraudA !hat is not in luded in this &rohibition is the use of material other than hair+ su h as thread or loth+ whi h an be interwo/er with natural hairA %n the authorit$ of Sa.id ibn Jubair+ we ha/e the sa$ing of the Pro&het :&ea e be on him;1 There is nothing wrong with tawamil! :Mentioned in #ath al-Bari on the authorit$ of Abu "aoudA; meaning the use of wool or silk to make braidsA Imam Ahmad bin Hanbal haalso ommented on its &ermissibilit$A :#ath al-BariA;

!%eing the Hair

Another as&e t of beautifi ation relates to d$eing the gra$ hair of the head or the beardA It was re&orted that the Jews and Christians refrained from d$eing the hair+ regarding su h beautifi ation and adornment as ontrar$ to &iet$ and de/otion+ and not befitting rabbis+ &riests+ and as eti sA The Pro&het :&ea e be on him; forbade Muslims to imitate these &eo&le or follow their wa$s+ in order that Muslims might

de/elo& their own distin ti/e and inde&endent beha/iorA

hara teristi s in a&&earan e and

Al-Bukhari+ on the authorit$ of Abu Hurairah+ re&orted the Messenger of Allah :&ea e be on him; as sa$ing+ $The )ews and &hristians do not dye their hair! so be different from them.$ :'e&orted in al-Bukhari.s ha&ter on >"$eing the Hair> in his book ClothingA; This is+ howe/er+ not a ommand but onl$ a re ommendation+ as is e/ident from the a tions of the sahabah+ su h as Abu Bakr and .*mar+ who used to d$e their hair+ while others+ su h as .All+ *ba$ ibn 7a.b+ and Anas did notA The -uestion now remains as to what t$&e of d$e is to be usedA Should its olor be bla k or an there be other olors@ %r should bla k be a/oided@ If a man is of a /er$ ad/an ed age+ with white hair and beard+ it would hardl$ be a&&ro&riate for him to use bla k d$eA %n the da$ of the on-uest of Makkah+ Abu Bakr brought his aged father+ Abu Cahafah+ arr$ing him until he had seated him in front of the Pro&het :&ea e be on him;A %n seeing Abu Cahafah.s snow-white hair+ the Pro&het :&ea e be on him; said+ $&hange this! but a(oid black.$ :#ath al-Bari+ in e(&laining the abo/e mentioned hadith :in the ha&ter on >"$eing; Howe/er+ if a man is not of su h ad/an ed age or feebleness as Abu Cahafah then was+ there is no harm in his using bla k d$eA In this regard al-0uhri said+ >!e d$ed our hair bla k when the fa e looked $oung+ but dis arded it when the fa e be ame wrinkled and the teeth de a$edA> :'e&orted b$ Ibn Abu
.Asim in the book on >"$eing the HairA>;

Some of the earl$ Muslims+ in luding some sahabah su h as Sa.d ibn Abi !a--as+ .*-bah ibn .Amr+ al-Hassan+ al-Hussein+ Jarir+ and others &ermitted the use of bla k d$eA Some s holars+ on the other hand+ do not onsider the use of bla k hair d$e as &ermissible e( e&t during time of war+ when the enem$ might be im&ressed b$ the fa t that all the soldiers of the Muslim arm$ look $oungA Abu "harr narrated the hadith+ The best thing with which to dye gray hair is henna and katm. :Mentioned in #ath al-BariA; Henna makes the hair red+ while katm+ a &lant from ?emen+ olors it bla k tinged with redA Said Anas+ >Abu Bakr d$ed his hair with henna and katm+ and .*mar d$ed it with henna onl$A>

)etting the $eard 0ro#

The growing of beards is also related to our to&i A Al-Bukhari+ on the authorit$ of Ibn .*mar+ re&orted the Pro&het :&ea e be on him; as sa$ing+ $*e different from the polytheists (mushrikeen): let the beard grow and trim the moustache.$ The &ur&ose here+ as the hadith states+ is to be different from the &ol$theists+ who+ in the &arti ular instan e ited+ were 0oroastrians+ the worshi&&ers of fire+ whose &ra ti e was either to li& or sha/e their beardsA The Pro&het.s ommand to be different from them was intended to train the Muslims in de/elo&ing an inde&endent &ersonalit$+ distin t in its inner realit$ as well as in outward a&&earan e+ in substan e as well as in formA At the same time+ sha/ing the beard is an affront to the mas uline nature+ as it is an attem&t to resemble women+ while the beard is an integral &art of mas ulinit$ and a distin ti/e feature of the male se(A Howe/er+ letting the beard grow does not mean letting it grow wild or so long that it be omes a nuisan eA %ne should ertainl$ trim it in both length and breadthA This

has been re ommended in a hadith re&orted b$ al-TirmidhiB moreo/er+ the Muslims of the first generations did soA Said .A$$ad+ :The twelfth entur$ author of a well known hook about the hara teristi s of the Pro&hetA :TransA;; >It is makruh to sha/e the beard or to drasti all$ ut or shorten it+ but it is mustahab : ommendable; to remo/e something from its length and breadth if it grows bigA> Abu Shamah /oi ed the om&laint that >Some &eo&le ha/e started sha/ing their beards+ and that is a ste& further than the 0oroastrians+ who used onl$ to trim themA> :#ath al-Bari+ in the ha&ter entitled >2rowing BeardsA>; In m$ /iew it is regrettable that at the &resent time the ma6orit$ of Muslims sha/e their beards in imitation of the foreign elements who ha/e o u&ied their landsA It is an unfortunate fa t that the on-uered alwa$s imitate their on-uerorsA Toda$.s Muslims ha/e ignored the Pro&het.s ommand that the$ be different from non-belie/ers and a/oid imitating themA Indeed+ an$one who $imitates a people is one of them.$ :A hadith re&orted b$
Abu "aoud on the authorit$ of Ibn .*marA;

A large number of 6urists onsider sha/ing the beard to be haram on the basis of the Pro&het.s ommandA This ommand to let the beard grow renders it an obligation+ es&e iall$ be ause it is for the &ur&ose of being different from non-Muslims+ sin e maintenan e of this distin tion from those who do not belie/e is obligator$ for MuslimsA It has ne/er been re&orted that an$ of the Muslims of the earliest generations negle ted this obligationA Howe/er+ some modern s holars &ermit the sha/ing of the beard under the im&a t of e/ents in res&onse to &ubli o&inion+ arguing that the growing of the beard was a &ersonal &referen e of the Pro&het :&ea e be on him; whi h was not related to religious &ra ti e+ and hen e it need not be followedA But the truth of this matter is that growing the beard is re-uired not merel$ be ause the Pro&het :&ea e be on him; had one but be ause he e(&li itl$ ommanded it in order to maintain the distin tion from non-belie/ersA Ibn Ta$mi$$ah has on/in ingl$ argued that to make the Muslims different from non-belie/ers was the aim of the )aw-2i/er+ for resemblan e in a&&earan e &rodu es lo/e+ friendshi&+ and affinit$ in feeling+ 6ust as lo/e in the heart &rodu es resemblan e in outward a&&earan eA This &s$ hologi al fa t is borne out b$ e(&erien e and obser/ationA Sa$s Ibn Ta$mi$$ah1 The Cur.an+ the Sunnah+ and the onsensus of Muslim s holars all tea h Muslims to be distin t from nonbelie/ers and in general to a/oid resembling themA An$thing whi h is likel$ to ause orru&tion in a hidden and diffuse manner is related to this matter and is likewise &rohibitedA The imitation of the a&&earan e of the nonbelie/ers will lead to imitation of their immoral beha/ior and e/il -ualities indeed+ e/en of their beliefsA Su h influen es an neither be brought under ontrol nor easil$ dete ted+ and onse-uentl$ it be omes diffi ult or e/en im&ossible to eradi ate themA A ordingl$+ whate/er is a ause of orru&tion has been &rohibited b$ the )aw-2i/erA :'efer to 7itab I-tida al-Sirat al-Musta-eemA; Thus+ we note that there are three o&inions with regard to the sha/ing of the beard1 one+ that it is haram+ whi h is the o&inion of Ibn Ta$mi$$ah and othersB two+ that it is makruh+ the o&inion of .A$$ad as mentioned in Al-#atah al-Bari but of no one elseB and three+ that it is &ermitted+ whi h is the o&inion of some modern s holarsA Perha&s the se ond o&inion+ that it is makruh+ is nearer to the truth and more moderateA As the stated reason for growing the beard is to be different from the non-belie/ers+ it is similar to the matter of d$eing gra$ hair in order to be distin t from the Jews and ChristiansB it is known that some of the sahabah did not d$e their

gra$ hair+ signif$ing that it was ommendable rather than obligator$A Similarl$+ growing the beard ma$ be regarded as ommendable but not obligator$+ and+ a ordingl$+ sha/ing it would be lassified as makruh rather than haramA It is true that none of the sahabah was known to ha/e sha/ed his beardA Perha&s there was no need to sha/e+ and &erha&s growing the beard was a ustom among themA

The Home
The home is the &la e in whi h an indi/idual &rote ts himself from the elements and in whi h he finds freedom from the restri tions and &ressures of so iet$A It is a &la e of rest for the bod$ and rela(ation for the mindA That is wh$ Allah Ta.ala+ in mentioning His fa/ors to His ser/ants+ sa$s1 An" Allah has ma"e for ou in our houses, places of rest.... :9=1GE; The Pro&het :&ea e be on him; lo/ed s&a iousness in the home and onsidered it as an element ondu i/e to ha&&iness in this life+ sa$ing+ $appiness has four elements% a goo" wife, a spacious house, a goo" neighbor, an" a comfortable ri"ing beast. (Reported by #b" $abba" i" his Sahih.) He often used to &ra$ fer/entl$+ >%ur )ord+ forgi/e me m$ sin+ make m$ house s&a ious+ and bless me in m$ sustenan eA> He was asked+ >% Messenger of Allah+ wh$ do $ou su&&li ate so often in these words@> He re&lied+ >Is an$thing left out@> :'e&orted b$ al-,isai and Ibn al-Sunni with a sound hain of transmittersA; The Pro&het :&ea e be on him; urged &eo&le to kee& their houses lean as a /ital e(&ression of Islam+ whi h is a religion of leanlinessA Cleanliness is a distin ti/e hara teristi of a MuslimA The Messenger of Allah :&ea e be on him; said+ Assure"l , Allah Ta'ala is goo" an" lo!es goo"ness, is clean an" lo!es cleanliness, is generous an" lo!es generosit , is hospitable an" lo!es hospitalit . &o keep our rooms an" court ar"s clean, an" "o not be like the 'ews. :'e&orted b$ al-TirmidhiA;

Items 'elated to )u(urious )i.ing and Paganism

The Muslim ma$ adorn his house with /arious kinds of flowers+ de orated fabri s+ and other &ermitted ornamental ob6e ts1 &a % (ho has forbi""en the a"ornment of Allah which $e has brought forth for $is ser!ants) :H153; The Muslim is ertainl$ free to desire beaut$ in his home and elegan e in his lothing+ shoes+ and other items related to &ersonal a&&earan eA %n e the Pro&het :&ea e be on him; said+ 'An one who has an atom of pri"e in his heart will not enter the *ar"en'. A man then aske", '(hat about the one who likes to wear a han"some robe an" goo" shoes)' The +rophet (peace be on him) replie", '&urel Allah is beautiful an" lo!es beaut .' (Reported by Muslim.) In another /ersion of this hadith+ a handsome man ame to the Pro&het :&ea e be on him;+ sa$ing+ >I lo/e beaut$ and ha/e been gi/en some of it+ as $ou an see+ to the e(tent that I dislike an$one.s ha/ing a better &air of sandals than IA Is this &ride+ % Messenger of Allah@> The Pro&het :&ea e be on him; re&lied+ #,o. +ri"e is to reject the truth an" to !iew other people with contempt.# :'e&orted
b$ Abu "aoudA;

Howe/er+ Islam disa&&ro/es of e( ess+ and the Pro&het :&ea e be on him; disliked the Muslim.s filling his house with items of lu(ur$ and e(tra/agan e+ traits ondemned b$ the Cur.an+ or with items related to &aganism+ the /er$ thing against whi h the religion of the %neness of 2od has fought with e/er$ wea&onA

0old and Sil.er *tensils

In a ordan e with what has been stated abo/e+ Islam has &rohibited the use of gold and sil/er utensils+ and of &ure silk s&reads in the Muslim houseA The Pro&het :&ea e be on him; warned that an$one who de/iates from this &ath ma$ in ur se/ere &unishment in the HereafterA %n the authorit$ of *mm Salmah+ Muslim re&orted in his Sahih the Pro&het.s sa$ing+ #(hoe!er eats or "rinks from gol" or sil!er utensils is in"ee" filing his stomach with the fire of hell.'' (Reported by Muslim.) Al-Bukhari re&orted on the authorit$ of al-Hudhaifah that >The Messenger of Allah :&ea e be on him; forbade us to drink or eat from gold or sil/er dishes or to wear silken garments or to sit on silken lothA He said+ 'The are for them (the unbelie!ers) in this worl" an" for us in the $ereafter.' (Reported by al-%ukhari.) Moreo/er+ what is &rohibited for &ra ti al use is also forbidden to be gi/en as a gift or used as an ornamentA These &rohibitions on erning utensils+ s&reads+ and similar arti les a&&l$ to men and women alike+ for the &ur&ose of this legislation is to rid the house of e( essi/el$ lu(urious itemsA Ibn Cudamah e(&resses this idea in lear terms as follows1 Men and women are e-ual in this regard be ause of the generalit$ of the hadith+ and be ause the reason for this &rohibition is the show of e(tra/agan e and &ride on the one hand and the in6ur$ to the feelings of the &oor on the otherA The wearing of gold and silk has been &ermitted to women so that the$ ma$ beautif$ themsel/es for their husbandsB this is an e(em&tion whi h does not e(tend to other usesA If it is said+ .If the reason $ou ha/e stated is orre t+ then utensils made of rubies and other &re ious materials would also ha/e been &rohibited be ause the$ are more e(&ensi/e :than gold and sil/er;. to this we re&l$+ .The &oor are not familiar with su h things+ and their feelings will not be in6ured e/en if the$ see the ri h using themA. Moreo/er+ the rarit$ of su h things in itself makes their use &rohibiti/e+ and hen e the need for &rohibiting them on the basis of e(tra/agan e be omes su&erfluousA :Al-Mughni+ /olA G+ &A 535A; Earlier we mentioned the e onomi reasons for &rohibiting the use of gold ornaments for menA In the &resent ase this reason is e/en weightier and more ob/iousA 2old and sil/er are uni/ersal monetar$ standards whi h fa ilitate the establishing of &ri es and the arr$ing out of transa tions between nations+ thus &romoting trade and ommer eA It is Allah.s fa/or that He guided &eo&le to use them as a means of e( hangeA The &ro&er e onomi usage of gold and sil/er+ then+ is their free ir ulationB the$ are not to be hoarded in houses as oins or+ worse $et+ to be tied u& in household arti les and ornamental ob6e tsA Imam al-2haDDali has beautifull$ enun iated this &oint in the ha&ter entitled >AlShukr> :Thankfulness; in his book+ Ih$a al.*lum al-"in+ in the following manner1

An$one who melts down gold and sil/er oins to make /ases and ontainers is ungrateful for Allah.s bount$ and is worse than the one who hoards themA It is like using the ma$or of a it$ for swee&ing its streets or for sewing garments+ or to do 6obs whi h are normall$ arried out b$ the lowliest of &eo&leA To im&rison him would be less insultingA ,ow+ materials su h as &or elain+ iron+ lead+ and o&&er an re&la e gold and sil/er for making /ases and ontainers+ but the$ annot re&la e them as mone$ or as standards of e( hangeA If a &erson annot gras& this &oint :through his own reasoning and knowledge;+ we would tell him that the s&okesman of Allah has e(&lained it1 .!hoe/er eats or drinks from gold or sil/er utensils is indeed filling his stoma h with the fire of hellA. :lh$a al-.*lum al-"inA see /olA 8+ Thanksgi/ing and
PraiseA;

)et no one su&&ose that this &rohibition onstitutes a se/ere restri tion on the Muslim in his own home+ for among wholesome and &ermissible things there is a great /ariet$ from whi h to hoose !hat beautiful /ases+ ontainers+ and &ots ha/e been made of glassB &or elain+ o&&er+ and man$ other materialsI )ikewise+ beds&reads+ ushions+ and table loths of great beaut$ are fabri ated from otton+ linen+ and /arious other materialsA

Islam Prohibits Statues

Islam has &rohibited the kee&ing of statues in the Muslim homeA B$ statues is meant om&lete+ solid figures whi h ha/e not been disfigured or otherwise defa edA Their &resen e in a house is onsidered suffi ient to dri/e awa$ the angels+ who re&resent Allah.s mer $ and His &leasureA As the Messenger of Allah :&ea e be on him; said+ #Assure"l the angels "o not enter a house in which there are statues (or figures).#
:'e&orted b$ al-Bukhari and MuslimB the wording is from MuslimA;

A ording to the ommentar$ of s holars+ a &erson who kee&s statues in his house is similar to unbelie/ers+ whose &ra ti e it is to kee& and /enerate idols in their homesA The angels are re&elled b$ thisB the$ do not enter su h a house and abandon itA It is also forbidden to the Muslim to engage in manufa turing statues+ e/en if he makes them for non-MuslimsA The Pro&het :&ea e be on him; said1 $Among the people recei(ing the harshest punishment on the +ay of ,esurrection will be the makers of figures!$ or+ in another /ersion+ #the of Allah's creation.#
:'e&orted b$ al-Bukhari and MuslimA;

He also said+ -n the .a of /esurrection, the maker of a figure will be aske" to breathe a spirit into it, an" he will ne!er be able to "o so+ (Reported by al-%ukhari a"d others.) meaning that he will be asked to bring it to life in order to re&roa h and humiliate himA

The

isdom of Prohibiting Statues

&eo&le ma$ su&&ose+ is to safeguard the belief in the %neness of 2od and to

a. %ne of the reasons for this &rohibition+ although not the onl$ one+ as some

be far-remo/ed from the &ra ti es of idolaters+ who fashion statues and idols with their own hands and then san tif$ them+ standing before them in adorationA Islam.s sensiti/it$ in safeguarding the belief in the *nit$ of 2od is /er$ a ute+ and assuredl$ this aution and on ern is -uite 6ustifiedA In the final anal$sis+ the worshi& of idols originated when &eo&le began making statues of their dead or &ious an estors in order to remember themA 2raduall$ the$ began to /enerate them+ adding to this /eneration little b$ little until the$ had made the statues into gods+ worshi&&ing them besides 2od+ asking them for hel&+ fearing their anger+ and im&loring them for blessingsA This is what ha&&ened+ among earlier ommunities su h as the &eo&le of !add+ Suwwa. ?aghuth+ ?a.u-+ and ,asraA :,ames of &agan deities of anti-uit$ who are mentioned in the Cur.an :H9135;A
#or an e(&lanation+ see for e(am&le+ the A&&endi( JIII+ following

ommentar$ in ?usuf .All.s translation of the Hol$ Cur.an+ Surah ,uh :H9;A :TransA;;

It is not sur&rising that a religion whi h seeks to halt all orru&tion should blo k e/er$ &assage through whi h shirk :&ol$theism;+ either o&en or hidden+ ma$ sli& into the minds and hearts of the &eo&leA Among su h &assagewa$s is the imitation of idolaters or of the followers of other religions who ha/e e(aggerated res&e t for their saintsA Moreo/er+ Islam.s legislation is not merel$ intended for one or two generations but is for all mankind for as long as it shall e(ist on this &lanetA>A !hat ma$ seem unlikel$ in one en/ironment ma$ be ome a e&table in another+ and what a&&ears im&ossible at one time ma$ materialiDe into realit$ at anotherA

b. Another reason for this &rohibition

on erns the maker of statues+ the s ul&tor+ himselfA S ul&tors tend to feel &ride in their work+ as if the$ had reated something out of nothing or had gi/en life to la$ or stoneA A s ul&tor on e om&leted a figure after a great deal of laborB it was so &erfe t and d so beautiful that he stood before it+ lost in admiration of its fine lines and features until+ o/erwhelmed with &ride and e(hilaration+ he G said to it+ >S&eakI S&eakI> This is wh$ the ,oble Messenger :&ea e be on him; said+ Those who make figures will be chastise" on the .a of /esurrection. The will be e tol", '+ut life into what ou ha!e crease".' :'e&orted b$ al-Bukhari and MuslimA; And in a hadith -uasi+ Allah Ta.ala sa$s1 (ho "oes greater wrong than he who "esires to create the like of what I create) 0et them create an atom1 0et them create a grain of barle 1 :'e&orted b$ al-Bukhari and MuslimA;

c. Those who engage in this art sto& at nothing+ &rodu ing statues of nude or
eroti figures and the deities and saints of other religionsA A Muslim is not &ermitted to a -uies e in regards to su h &ra ti esA dA #inall$+ statues ha/e been+ and still are+ s$mbols of aristo rati and lu(urious li/ing>A Peo&le in high &la es fill their &ala es+ halls+ and hambers with statues fabri ated of man$ materialsA It is not sur&rising that a religion whi h de lares war on lu(ur$ in all its manifestations+ should &rohibit the Muslim from ha/ing statues in his homeA

The Islamic Manner of Commemorating the 0reat

,ow someone ma$ ask+ >Is it t not an e(&ression of a &eo&le.s lo$alt$ to the memor$ of its heroes+ whose great deeds are re orded in the annals of histor$+ to ere t statues in their honor as a reminder to future generations of their a hie/ements and greatness@ Peo&les. memories are short+ and the &assage of time will make them forget the &astA> The answer is that Islam abhors e( essi/e glorifi ation of &eo&le+ no matter how >great> the$ ma$ be+ whether the$ are li/ing or deadA The Pro&het :&ea e be on him; said+ .o not glorif me in the same manner as the 2hristians glorif 'esus, son of 3ar , but sa , '$e is a sla!e of Allah an" $is 3essenger.' :'e&orted b$ al-Bukhari and othersA; !hen his Com&anions wanted to stand u& to greet him out of res&e t+ he forbade them+ sa$ing+ #.o not stan" up as the +ersians "o, some people honoring the others.#
:'e&orted b$ Abu "aoud and Ibn Ma6ahA;

And he warned his followers against &raising him e( essi/el$ after his death+ sa$ing+ #.o not make of m gra!e a site for festi!als,# (Reported by Abu &aoud.) and he &ra$ed to his )ord+ #- m 0or", "o not let m gra!e be ma"e into an i"ol to be worshippe".# :'e&orted b$
Malik in Al-MuwattaA;

%n e some &eo&le ame to the Pro&het :&ea e be on him; and addressed him in the following words1 >% Messenger of Allah+ the best of us and the son of the best of us+ our leader and the son of our leaderA> He said+ - people, sa what ou sai" pre!iousl or a part of it, an" "o not let &atan mislea" ou. I am 3uhamma", a sla!e of Allah an" $is 3essenger. I "o not like our raising m status abo!e the status which Allah, the 3ight an" *lorious, has gi!en me. :'e&orted b$ al-,isai on good authorit$A; A religion whose tea hings on erning e/en the Messenger of Allah :&ea e be on him; is one of su h moderation an ne/er tolerate the ere ting of idol-like statues for some indi/iduals+ in/ol/ing e(&enditures running into thousands of dollars so that &eo&le ma$ &oint to them with admiration and esteemA Man$ &retenders to greatness and self-&ro laimed makers of histor$ ha/e sli&&ed into the hall of fame through this o&en door+ sin e an$one who is able to do SC ere ts statues or monuments to himself+ or lets his admirers do it for him+ so that &eo&le are misled from a&&re iating those who are trul$ greatA The Belie/ers as&ire onl$ to that true immortalit$ whi h an be bestowed b$ Allah alone+ !ho knows the se ret and the hidden+ !ho neither misleads nor forgetsA In His register of immortalit$ there is the name of man$ a &erson whose greatness has remained unre ogniDed b$ the &eo&leA Indeed+ the Most High lo/es those 2odfearing and religious souls who remember Him in the se re $ of their hearts+ who do great ser/i e without fanfare+ whose &resen e is not felt in a gathering of &eo&le and whose absen e is not missed !hen the greatness of some of these noble souls is re ogniDed b$ the &eo&le+ its &er&etuation for oming generations is not to be a hie/ed b$ ere ting statues of themA The orre t Islami method of ommemoration is to kee& their memor$ ali/e in the hearts and minds b$ s&eaking about their good deeds+ ideas+ and a hie/ementsA The Messenger of Allah :&ea e be on him;+ the ali&hs+ the leaders+ and the imams of Islam were ne/er immortaliDed in figures or statuesA In this faith the fathers tell

their hildren+ and the$ in turn &ass on to their own hildren+ the stories of su h &eo&les. a hie/ements and ideasA At meetings and gatherings these stories are like breaths of fresh air+ filling the hearts and minds of Muslims without an$ need for &i tures or statuesA I -uote here &art of a le ture entitled >Toward a ,ew *nderstanding of Islam+> b$ Professor Muhammad al-Mubarak+ "ean of the College of the Shari.ah+ *ni/ersit$ of "amas us+ deli/ered at al-ADhar *ni/ersit$A The se tion -uoted here ontains an in isi/e anal$sis of the whole -uestion of how to &er&etuate the memor$ of the greatA !e are fa ed with the situation that man$ new modes+ s$stems+ and habits whi h are in onsistent with our orre t beliefs and established moral &rin i&les ha/e found their wa$ into our so ial lifeA Among these is the manner in whi h Euro&eans and Ameri ans ommemorate theK heroes b$ ere ting statues of themA If we e(amine this matter with an o&en mind+ free of subser/ien e to whate/er omes from the !est+ and refle t on wa$s of ommemorating the loft$ a hie/ements of the great+ we find the Arabs+ in &arti ular+ memorialiDnothing of their great &ersonages e( e&t their noble deeds and good -ualities su h as fidelit$+ generosit$+ and ourageA Their manner of &er&etuating their memories was to re ount tales of their heroes+ &assing them down form one generation to another+ and to om&ose and re ite eulogies in the form of &oetr$A In this manner the generosit$ of Hatim and the bra/er$ of .Antarah be ame &ro/erbial in the da$s before IslamA !hen Islam ame+ it em&hasiDed the meaning underl$ing this methodA It de lared that the best of Allah.s reation and the last of His Messengers :&ea e be on him; was but a mortal man1 .Sa$1 Indeed+ I am a mortal like $ouB m$ )ord ins&ires meA. :9G1999; It em&hasiDed that the worth of human beings lies in their deeds and not in their &h$si al formB it made the Messenger :&ea e be on him; an e(am&le for all mankind to followB and it forbade su h san tifi ation and e(aggerated res&e t for men whi h resembles adoration and whi h+ b$ im&li ation+ signifies the denigration of the rest of mankindA !hen the Messenger of Allah :&ea e be on him; &assed awa$ to meet his )ord+ the first ali&h drew &eo&les. attention to this fa t+ sa$ing+ .If an$one worshi&&ed Muhammad+ then :know that; Muhammad is dead+ but if an$one worshi&&ed Allah+ then Allah is li/ing and does not dieA. He then re ited the words of Allah Ta.ala1 .Muhammad is but a messenger+ messengers :the like of whom; ha/e &assed awa$ before himA If+ then+ he dies or is killed+ will $ou turn ba k on $our heels@. :51988; Islam immortaliDes the memories of &eo&le be ause of their good and benefi ent deedsB the remembran e of them remains in the hearts of MuslimsA Thus+ the literate and illiterate+ the $oung and the old+ know about the 6usti e of .*mar+ the firmness and wisdom of Abu Bakr+ and the &iet$ and ourage of .AliA ,o statue made of stone was needed to ommemorate an$ of them be ause their deeds and -ualities are ins ribed in &eo&les. heartsA Commemoration b$ means of ere ting statues is in realit$ a regression to the remote &ast+ a des ent from a higher &laneB it was the method of the 2reeks and 'omans whi h was ado&ted b$ Euro&eansAAAA

In res&e t to the on e&t of the nature of man and his true worth+ the$ are far inferior to the Muslims+ e/en to the &re-Islami Arabs+ sin e be ause of their inabilit$ to gras& the true stature of man and his &otentialities+ the$ are able onl$ to on ei/e of great men as gods+ and of their gods as men in arnateA !hat we are &ointing out is that it does not befit us to imitate this alien &ra ti e whi h is inferior to our own+ and we must not de/iate from the ruling of the Shari.ah that making statues is haram and is harmful to human &s$ holog$ and moralsA

The E(emption of Children,s To%s

If there are some kinds of three-dimensional figures whi h are not intended to be a orded res&e t or to be dis&la$ed as an e(&ression of high li/ing+ then the abo/e autionar$ statements do not a&&l$A Islam does not lose its mind to them+ nor does it see an$ harm in their useA Children.s &la$things su h as dolls+ in the form of humans+ animals+ and the like fall into this ategor$A Said the Pro&het.s wife .Aisha :ma$ Allah be &leased with her;1 I use" to pla with "olls in the house of the 3essenger of Allah (peace be on him) an" m frien"s woul" come o!er to pla with me. The woul" hi"e when the saw the 3essenger of Allah (peace be on him) approaching, but he was in fact !er happ to see them with me, an" so we pla e" together. :'e&orted b$ al-Bukhari and MuslimA; .Aisha also re&orted+ -ne "a the 3essenger of Allah (peace be on him) aske" me, '(hat are these)' '3 "olls,' I replie". '(hat is this in the mi""le)' he aske". 'A horse,' I replie". 'An" what are these things on it)' he aske". '(ings,' I sai". 'A horse with wings)' he aske". '$a!e not ou hear" that &olomon, the son of .a!i", ha" horses with wings)' I sai". Thereupon the 3essenger of Allah (peace be on him) laughe" so heartil that I coul" see his molars. :'e&orted b$ Abu "aoudA; The dolls mentioned in the abo/e hadith are the dolls with whi h hildren &la$+ as .Aisha was -uite $oung when she married the Pro&het :&ea e be on him;A AlShawkani sa$s that these ahadith are suffi ient &roof of the &ermissibilit$ of hildren.s &la$ing with statue-like three-dimensional figures :iAeA+ dolls of human or animal sha&e;A It is re&orted that on e Imam Malik saw a man bu$ing dolls for his daughter and he disliked it+ but Cadi .A$$ad sa$s that it is &ermissible for girls to &la$ with dollsA :Be ause girls are more likel$ to &la$ with dolls than bo$s+ onl$ girls ha/e been mentioned
hereA Howe/er+ this does not im&l$ an$ &rohibition for bo$s to do soA :TransA;;

This &ermission also a&&lies to figures made of sweets for festi/e o the$ are used onl$ as foodA

asions sin e

Incomplete or !efaced Statues

It is re&orted in the books of Hadith that the angel 2abriel :Jibril; on e refused to enter the house of Allah.s Messenger :&ea e be on him; be ause there was a statue b$ its doorA He did not enter it again the following da$ but said to the Pro&het :&ea e

be on him;+ #-r"er that the hea" of the statue be broken off so that it resembles the trunk of a tree.# :'e&orted b$ Abu "aoud+ al-,isai+ al-Tirmidhi+ and Ibn HibbanA; %n the basis of this hadith some s holars ha/e argued that what is haram are om&lete figures+ but if some &art of them is missing without whi h a human being annot sur/i/e+ the$ are allowed Howe/er+ the true and orre t inter&retation of Jibril.s asking that the head be broken off in order to make it look like a tree trunk is not that without the head life is im&ossible+ but that the statue was then defa ed and onse-uentl$ /iewing it would not generate feelings of res&e t toward itA If we &onder o/er the matter ob6e ti/el$+ we will undoubtedl$ on lude that it is more haram to set u& busts in &ubli &la es in order to &er&etuate the memor$ of kings and great men than to ha/e full figured statues in the home for the &ur&ose of de orationA

Paintings and &ne1!imensional &rnaments

!e ha/e e(&lained the Islami &osition on erning the solid figures we term >statues+> but what about figures and art work e(e uted on &lane surfa es su h as &a&er+ loth+ urtains+ walls+ oins+ &a&er urren $+ and the like@ Con erning this issue+ we sa$ that no general ruling is &ossible here and that ea h ase is to be 6udged indi/iduall$A !hat does the &i ture de&i t@ !here is it &la ed@ !hat is its use@ !hat was the artist.s &ur&ose in making the &i ture@ It is these -uestions whi h must be looked intoA If the &i tures be ome ob6e ts of worshi&+ as for e(am&le the ow does for Hindus+ whoe/er makes them with this &ur&ose is in realit$ nothing but an unbelie/er &ro&agating shirk and errorA Again+ the Pro&het :&ea e be on him; threatened su h &eo&le with dire &unishment in the Hereafter sa$ing+ #-n the .a of /esurrection the most se!ere chastisement will be for the makers of figures.# :'e&orted b$ MuslimA; Al-Tabari+ e(&laining the meaning of this hadith+ sa$s+ >!hat is meant here b$ makers of figures are those who make figures in order that the$ ma$ be worshi&&ed besides Allah+ and this is unbelief :kufr;A As for those who do not make them for this &ur&ose+ the$ will be guilt$ onl$ of making a re&resentation :suar;A> Similarl$+ if someone hangs su h &i tures on the wall in order to /enerate them+ his a t is not that of a Muslim+ for Islam has de&arted from his heartA !e ne(t e(amine the ase of the &erson who makes &i tures not so that the$ should be worshi&ed but so that the$ ma$ be likened to Allah.s reationB he feels a sense of &ride that he has reated as Allah+ the E(alted and Might$+ has reatedA Su h an indi/idual has rebelled against belief in tawheed+ and on erning him the Pro&het :&ea e be on him; said+ The most se(erely punished among people (on the +ay of ,esurrection) will be those who try to create something similar to what Allah has created. This &ertains dire tl$ to the intention of the artistA Perha&s the hadith -uasi ited earlier+ (ho "oes greater wrong than he who "esires to create the like of what I create)

0et them create an atom1 0et them create a grain of barle 1 beathis out as wellA Again+ what is referred to here is the intention of those artists who want to imitate Allah.s attributes of Creator and %riginatorA Allah.s hallenge to them to reate an atom or a grain of barle$ &oints to the fa t that their artisti work im&lies an intention to reate something similar to what He has reatedA To shame them for this on the "a$ of 'esurre tion+ the$ will be told &ubli l$+ >Bring to life what $ou reated+> whi h of ourse the$ an ne/er doA It is &rohibited to make or to a -uire &ortraits of indi/iduals who are either re/ered in a religion or res&e ted for their wordl$ statusA E(am&les of the first ategor$ are re&resentations of &ro&hets su h as Abraham+ Isaa + "a/id+ and JesusB of angels su h as Jibril and Mika.eel :Mi hael;B and of saints and righteous indi/iduals su h as Mar$am :Mar$; and the likeA This is a Jewish or Christian ustomA *nfortunatel$+ some Muslims+ making inno/ations in religion and imitating the Peo&le of the Book+ ha/e begun to make and to a -uire &ortraits of .All+ #atimah+ and othersA The se ond ategor$ in ludes &ortraits of kings+ leaders+ and artists in our timeA Although there is less e/il in this ase+ ne/ertheless we must em&hasiDe its e/il+ es&e iall$ if those &ortra$ed are non-belie/ers+ t$rants+ or wrong-doers+ su h as rulers who do not 6udge a ording to what Allah has re/ealed+ leaders who all &eo&le to a message other than the message of Allah Subhanahu wa Ta.ala+ and artists who glorif$ falsehood and &ro&agate lewdness and immoralit$ among &eo&leA It a&&ears that man$ of the &ortraits made during the time of the Pro&het :&ea e be on him; and thereafter were of the kind whi h glorif$ &ersonagesB most &robabl$ the$ were &ainted b$ 2reeks or Persians+ and onse-uentl$ were ne/er free of the im&rint of their beliefs and the san tifi ation of their saints and rulersA Muslim re&orted that Abu"uha said+ I was with Masroo- in a house whi h had statuesA Masroo- asked me+ .Are these statues of 7hosrau@> (The ruler of 'ersia. (Tra"s.)) said+ .,o these are statues of Mar$A. Masroo- assumed them to be the handiwork of a Magian+ be ause the Magians used to &ortra$ the figures of their kings e/en on 6ars+ but when it be ame lear that the$ were the work of a Christian+ he said+ .Abdullah ibn Mas.ud said that he heard the Messenger of Allah :&ea e be on him; sa$+ >Among the &eo&le re ei/ing the harshest &unishment on the "a$ of 'esurre tion will be the makers of figuresA> . "rawing+ &ainting+ and a -uiring &i tures of &lants+ trees+ and inanimate ob6e ts su h as lakes+ o eans+ shi&s+ mountains+ the sun+ moon+ stars+ and the like from s enes of nature is &ermittedA There is no differen e of o&inion in this regardA Moreo/er+ if someone wants to make a &i ture of an animate being with no intention of om&eting with Allah as reator or for its glorifi ation or res&e t+ there is no &rohibition of doing soB there are numerous sound ahadith in this regardA Muslim re&orted in his Sahih+ on the authorit$ of Basr ibn Sa.id+ who heard it from 0a$d ibn 7halid+ who heard it from Ibn Talha+ a Com&anion of the Pro&het :&ea e be on him;+ that the Messenger of Allah :&ea e be on him; said+ #The angels "o not enter a house in which there are figures.# :'e&orted b$ MuslimA; Basr said+ >Thereafter 0a$d be ame ill and we went to /isit himA There was a &i ture on the urtain of his doorA I said to m$ om&anion. .*ba$d Allah al-7hulani+ who was the ser/ant of the Pro&het.s wife Ma$munah+ .!as it not 0a$d

who told us about &i tures the other da$@. .*ba$d Allah re&lied+ ."id $ou not hear him when he said+ >E( e&t if it is made of loth@> . > Al-Tirmidhi re&orted on the authorit$ of .*tbah that on e the latter went to /isit Abu Talhah al-Ansari+ who was ill+ and he found Sahl ibn Hanif :another Com&anion; thereA Abu Talhah alled someone to ome and tear u& the sheet whi h was under himA >!h$ tear it u&@> Sahl askedA >There are &i tures on it+ and $ou know what the Pro&het :&ea e be on him; said on erning that+> Abu Talhah re&liedA >"id he not also sa$+ .E( e&t if it is made on loth@. > Sahl askedA >?es+ but it makes me feel better+> Abu Talhah re&liedA al-Tirmidhi lassifies this hadith as good and sound :hasan wa sahih;A "o not these two ahadith &ro/e that the figures whi h are &rohibited are those whi h are solid+ that is to sa$ >statues@> As for figures drawn or &rinted on wood+ &a&er+ loth+ rugs and ar&ets+ walls+ and the like+ there is no sound+ e(&li it+ and straightforward te(t to &ro/e that the$ are forbiddenA True+ there are sound ahadith whi h merel$ indi ate the Pro&het.s dislike for su h t$&es of &i tures be ause the$ are reminis ent of those who li/e in lu(ur$ and lo/e things of inferior /alueA Muslim re&orted from 0a$d ibn 7halid al-Juhani+ who -uoted Abu Talhah al-Ansari as sa$ing+ I heard the Messenger of Allah.s statement+ .The angels do not enter a house in whi h there is a dog or statuesA. I then went to see .Aisha and asked her+ .Are $ou aware that the Messenger of Allah :&ea e be on him; said+ >The angels do not enter a house in whi h there is a dog or statues@> "id $ou hear the Messenger of Allah :&ea e be on him; mention this@. She re&lied+ .,o+ but I will tell $ou what he didA %n e when he had gone on an e(&edition I dra&ed the door with a urtain ha/ing &i tures on itA !hen he returned and saw it+ I ould dis ern from his fa e that he disliked itA He &ulled it down and tore it a&art+ sa$ing+ >Allah has not ommanded us to lothe stone and la$A> .She said+ .!e ut it and made two &illows out of the loth+ stuffing them with &alm fibresA He did not riti iDe me for thatA.,othing an be inferred from this hadith e( e&t that to de orate walls and su h things with urtains on whi h there are &i tures is mildl$ disa&&ro/edA Al-,awawi said+ >There is nothing in the hadith im&l$ing &rohibitionA In fa t+ the ru ial words are+ .Allah has not ommanded us to do thatA. This im&lies that su h a thing is not obligator$ or meritoriousB in no wa$ does it im&l$ &rohibitionA> Muslim has also re&orted from .Aisha that she said+ >!e had a urtain with the figure of a bird on itA !hen the Messenger of Allah :&ea e be on him; entered the house+ he saw it right in front of him and he said+ .'emo/e it from hereA !hen I enter and see it+ I am reminded of this worldA. > The Pro&het :&ea e be on him; did not tell .Aisha to tear u& the urtain but onl$ to remo/e it from the &la e where it hung fa ing the entran eB he disliked seeing it there be ause it brought to his mind the world and its attra tionsA This is not strange+ sin e the Pro&het :&ea e be on him; used to &erform the sunnah and nafil :/oluntar$; salat at homeA Curtains and beds&reads or statues &erha&s would ha/e distra ted him from on entration in his salat and om&lete attention in his su&&li ationsA Al-Bukhari also re&orted Anas as sa$ing+ >Aisha had o/ered a &art of her a&artment with a dra&eA The Messenger of Allah :&ea e be on him; told her+ .Take it awa$ from m$ sight be ause its figures kee& distra ting me from m$ salatA. >

It is -uite lear from the &re eding ahadith that the Pro&het :&ea e be on him; did not disa&&ro/e of ha/ing a urtain with a &i ture of a bird and a dra&e with figures in his houseA %n the basis of this and other similar ahadith s holars of earlier times ha/e ommented+ >!hat is &rohibited are figures whi h ast shadows :meaning those whi h are solid; and not those whi h do not ast shadows :meaning on &lane surfa es;A> :Al-,awawi mentions this o&inion in his Sharh Muslim but re6e ts it+ sa$ing that it re&resents a
wrong &ositionA In #ath al-Bari+ al-HafiD has tra ed this o&inion on sound authorit$ ba k to al-Casim ibn Muhammad ibn Abu Bakr+ who was a 6urist of Madinah and the best of his timeA;

In further su&&ort of this &osition we again -uote the hadith -uasi in whi h Allah Ta.ala sa$s+ -ho does greater wrong than he who desires to create the like of what ' create. /et them create an atom0 /et them create a grain of barley0 As is e/ident+ Allah.s reation does not onsist of two-dimensional drawings on a &lane surfa e+ for He fashions three-dimensional or&oreal beingsA As he sa$s+ It is $e(ho fashions ou in the wombs as $e pleases.... :51=; There is onl$ one hadith+ narrated b$ both al-Bukhari and Muslim on the authorit$ of .Aisha+ whi h &oses some diffi ult$A .Aisha said that she bought a ushion with &i tures on itA !hen the Messenger of Allah :&ea e be on him; saw it+ he sto&&ed at the door and did not enter her a&artmentA She saw signs of dis&leasure on his fa e and said+ >% Messenger of Allah+ I turn to Allah and His Messenger in re&entan eA !hat ha/e I done wrong@> He said+ >!hat is this ushion@> She said+ >I bought it for $ou to sit on or to rest $our headA> The Messenger of Allah :&ea e be on him; then said+ The makers of such figures will be punished and will be told! %*ring to life what you ha(e created.% He continued! %The angels do not enter a house in which there are figures.% In the /ersion of Muslim there is the addition+ > .Aisha said that she then ut it and made two &illows to re line u&onA> Howe/er+ this hadith is ob6e tionable on se/eral ounts1

1. The ontent of this hadith has been transmitted in man$ /ersions whi h
a&&ear to be mutuall$ ontradi tor$A Some of them sa$ that the Pro&het :&ea e be on him; used the urtain with &i tures after it was ut and made into ushionsA In other /ersions there was no urtain to begin withA

2. A ording to some /ersions+ onl$ his disa&&ro/al of

o/ering walls with &rinted urtains is established+ the reason for his disa&&ro/al being that the$ were a sign of lu(ur$A In the /ersion b$ Muslim he is re&orted to ha/e said+ >Allah has not ommanded us to lothe stone and la$A>

3. Then there is the hadith from .Aisha herself+ transmitted b$ Muslim+ about the
urtain with the &i ture of a bird on it and the Pro&het.s sa$ing+ >'emo/e it from hereA !hen I enter and see it+ I am reminded of this worldA> This statement does not sa$ an$thing on erning its &rohibitionA

4. There is also the hadith

on erning the dra&e in .Aisha.s house whi h distra ted the Pro&het.s attention from his &ra$ers+ whereu&on he instru ted her to remo/e itA Al-HafiD sa$s+ >There is a &roblem in re on iling this hadith

and the hadith of the ushion+ both of whi h are as ribed to .AishaA This hadith indi ates that he had allowed the dra&e to remain in the house as long as it had not distra ted his attention from &ra$erB he did not ha/e an$ &arti ular ob6e tion to the &i tures on itA> Al-HafiD then tries to re on ile the two ahadith b$ sa$ing that the ushion had a &i ture of a li/ing reature while the dra&e had &i tures of inanimate ob6e tsA Howe/er+ his attem&t at re on iliation fails with res&e t to the hadith on erning the urtain with the &i ture of the bird on itA

5. The hadith on erning the ushion ontradi ts the hadith re&orted b$ Abu

Talhah in whi h figures on loth were e(em&tedA Al-Curtabi sa$s+ >'e on iliation is &ossible between the two :ahadith;+ as .Aisha.s hadith indi ates the disa&&ro/al of the Pro&het :&ea e be on him;+ while Abu Talhah.s hadith indi ates absolute &ermissibilit$+ and these two are not ontradi tor$A> Al-HafiD ibn Ha6ar agreed with this statementA

6. The transmitter of the hadith of the ushion from .Aisha was her ne&hew al-

Casim ibn Muhammad ibn Abu BakrA Al-Casim himself &ermitted &i tures on a &lane surfa eA Ibn .Awm said+ >I entered al-Casim.s house+ whi h was in the outskirts of Makkah+ and I saw a loth ano&$ with figures of a bea/er and a &hoeni(A> ((ath al-%ari, reported o" the authority of #b" Abi Shaybah, )ho quotes al-*asim ib" Muhammad ib" Abu %akr. The tra"smitters are sou"d.) Al-HafiD e(&lains+ >He &robabl$ adhered to the generalit$ of the Pro&het.s sa$ing+ .E( e&t if it is made on loth+. and understood the Pro&het.s stand toward .Aisha.s urtain as a s&e ial aseA That is+ the Pro&het :&ea e be on him; disa&&ro/ed of the ombination of dra&ing the wall and of the loth ha/ing &i tures on itA This is su&&orted b$ the remark+ >Allah has not ommanded us to lothe stone and la$A> Al-Casim ibn Muhammad ibn Abu Bakr was one of the se/en 6urists of Madinah and the best of his timeB it was he who transmitted the hadith of the - ushionA Conse-uentl$+ if he had not been on/in ed of the &ermissibilit$ of this loth ano&$ he would not ha/e had itA :See the se tion on >#igures and Artists> in #ath al-Bari;

There is another wa$ of re on iling these ahadithA Probabl$ in the earl$ &eriod of Islam the Pro&het :&ea e be on him; was /er$ stri t in &rohibiting all &i tures+ as the Muslims had onl$ re entl$ ome out o f the state of &ol$theism and idol-worshi&+ and were &rone to san tif$ing figures and statuesA As the belief in the %neness of Allah be ame dee&l$ rooted in their hearts and minds+ he allowed them two-dimensional figures+ that is+ drawings and &rintsA As for himself+ he disliked ha/ing urtains or dra&es with figures and &i tures in his house+ not e(em&ting e/en drawings or &rints on+ loth+ &a&er+ or the wallA %ne of the great Hanafi 6urists+ al-Tahawi+ sa$s+ >In the beginning the Pro&het :&ea e be on him; &rohibited all t$&es of figures+ e/en if the$ were two dimensional+ sin e the Muslims had onl$ re entl$ on/erted from the worshi& of imagesA A ordingl$+ e/er$thing of this t$&e was &rohibitedA )ater he lifted the &rohibition from loth with &rints be ause of the ne essit$ of wearing lothesA He also &ermitted figures whi h were not treated in a res&e tful manner+ (As is e ide"t from these ahadith, this )ould
i"+lude fi,ures )hi+h are made i"to pillo)s or +ushio"s o" )hi+h to sit or re+li"e, fi,ures i" ru,s or +arpets )hi+h are trod upo" a"d the like. (Tra"s.)) si"+e there )as "o da",er that the i,"ora"t )ould e"erate )hat )as debased.

The prohibitio" of fi,ures )hi+h are "ot debased )as "e er lifted.- (This has bee" reported by Sheikh %akhit i" A#-.a)ab al-Shafi.)

The Permissibilit% of a !ebased "igure

An$ hange in a figure whi h kee&s it from being treated with res&e t and renders it debased transfers it from the s&here of detestabilit$ into that of &ermissibilit$A It is re&orted in the hadith that Jibril sought &ermission of the Pro&het :&ea e be on him; to enterB when he bade him ome in+ Jibril said+ >How an I enter while there is a urtain with figures in $our house@ If $ou ha/e need of it+ ut off the heads :of the figures;+ or ut it into &ie es and make ushions+ or use it as a floor-matA> (Al-/isai, as
)ell as #b" $ibba" i" his Sahih.)

These words e(&lain wh$+ on obser/ing the Pro&het.s dislike of the ushion with the &i tures+ .Aisha hanged it into smaller ushions for re lining u&on+ in order that b$ su h use there would not be the slightest im&utation of res&e t for what was de&i tedA !e ha/e e/iden e that the earl$ generations of Muslims used ob6e ts with &i tures on them but onl$ in a wa$ whi h did not denote res&e tA .*rwah used arm ushions with &i tures of birds and men on themA .Ikrimah said+ >!e detested seeing figures in the u&right &osition but did not mind if the$ were in rugs or mats+ sin e to tread on them was to debase themA>

+hotographs Thus far the word &i ture :suar; has been used in referen e to what is drawn+ &ainted+ or im&rinted on a flat surfa eA Photogra&h$ is a re ent in/ention whi h was ob/iousl$ non-e(istent in the time of the Pro&het :&ea e be on him; and the earl$ generations of MuslimsA Thus+ the -uestion naturall$ arises whether the Islami rulings on erning &i tures and artists a&&l$ to &hotogra&hs and &hotogra&hersA Those 6urists who onsider the &rohibition to be restri ted to statues alone do not see an$thing ob6e tionable in &hotogra&hi &i tures+ es&e iall$ if the$ are not of the full figureA %thers raise man$ -uestionsA Are &hotogra&hs similar to drawings@ Is it not true that the reason stated in some ahadith on erning the &unishment of figuremakers+ namel$+ imitation of Allah.s attribute of Creatorshi&+ does not a&&l$ in the ase of &hotogra&hi &i tures@ "oes not the absen e of the ause of &rohibition nullif$ the &rohibition@ The late Sheikh Muhammad Bakhit+ the Eg$&tian 6urist+ ruled that sin e the &hotogra&h merel$ a&tures the image of a real ob6e t through a amera+ there is no reason for &rohibition in this aseA Prohibited &i tures are those whose ob6e t is not&resent and whi h is originated b$ the artist+ whose intention is to imitate Allah.s animal reation+ and this does not a&&l$ to taking &hotogra&hs with a ameraA .See the
&am&hlet+ Al-Jawab al-Shafi fi Ibahat al-Taswir al-#otografiA

E/en those who are /er$ stri t in lassif$ing all kinds of figures+ in luding &hotogra&hs+ as detestable+ e(em&t+ a ording to ne essit$+ &i tures retained for identit$ ards+ &ass&orts+ kee&ing a re ord of sus&e ts and riminals+ &i tures for

instru tional &ur&oses+ and so on+ with the &ro/iso that there is no intention of res&e t or san tifi ation of these &i tures whi h would affe t Islami beliefA The need for su h &i tures is definitel$ greater than the >&rints> on loth whi h were e(em&ted b$ the Pro&het :&ea e be on him;A

The Sub2ect Matter of Photographs

A ordingl$+ if an$ kind of &hotogra&h is to be &rohibited+ the sub6e t matter will be the determing fa torA ,o Muslim would disagree on erning the &rohibition of &hotogra&hing sub6e ts whose &ortra$al is against the beliefs+ morals+ and laws of IslamA Thus there annot be an$ doubt on erning the &rohibition of &hotogra&hs+ drawings+ and &aintings of nude or semi-nudes+ of those &arts of the male or female bod$ whi h e( ite lust+ or of &i tures of men and women in se($ &oses su h as one sees in /arious magaDines+ news&a&ers+ and on the billboards of mo/ie >heatersA It is haram to make su h &i tures+ to &ublish them+ to bu$ them+ to take them into homes+ offi es or sho&s+ or to hang them on wallsA It is haram to ha/e the intention of looking at themA The abo/e a&&lies to &i tures of t$rantsA The Muslim is re-uired to detest su h &eo&le and to feel enmit$ toward them for the sake of AllahA A Muslim is not &ermitted to make or a -uire a &i ture of a >great> man or leader who is an atheist and denies the e(isten e of 2odB of an idolater who worshi&s ows+ fire+ or an$thing elseB of a Jew or Christian who denies the Messengershi& of Muhammad :&ea e be on him;B or of a &rofessed Muslim who does not de ide matters a ording to what Allah has re/ealedA )ikewise+ a Muslim should not make or a -uire &i tures of immoral indi/iduals who &ro&agate obs enit$ and lewdness in so iet$+ su h as singers+ a tors+ and other entertainersA Similar is the ase of &i tures whi h &ortra$ &ol$theisti rituals or s$mbols of other religions abhorrent to the Islami tea hings+ su h as idols+ rosses+ and the likeA Probabl$ during the time of the Pro&het :&ea e be on him; a great ma6orit$ of rugs+ urtains+ and ushions bore these t$&es of &i turesA Al-Bukhari re&orted that the Pro&het :&ea e be on him; broke e/er$thing in his house whi h was made in the sha&e of a rossA :'e&orted b$ al-BukhariA; Ibn Abbas narrated that+ during the on-uest of Makkah+ the Messenger of Allah :&ea e be on him; did not enter the Sa red House :the 7a.aba; until all the figures in it were destro$edA :'e&orted b$ al-BukhariA; There is no doubt that these figures and images re&resented the idolatrous &ra ti es of the Makkans and were the lega $ of generations of unbelief and errorA .All ibn Abu Talib narrated+ The Messenger of Allah :&ea e be on him; was attending a funeral and he said+ .!ho among $ou is a&able of going to Madinah and lea/ing no idol unbroken+ no gra/e unle/eled+ and no &i ture undefa ed@. A man said+ .% Messenger of Allah+ I am able to do itA. He went+ and after a time returned and re&orted+ .% Messenger of Allah+ I left no idol unbroken+ no gra/e unle/eled+ and no &i ture undefa edA. Then the Messenger of Allah de lared+ .An$one who returns to this sort of &ra ti e will ha/e re6e ted what was re/ealed to MuhammadA. :'e&orted b$
AhmadA Al-Mondhari ommented+ >It has insha.Allah good transmittersA> Muslim re&orted on the authorit$ of

Ha$$an ibn Hasein that the latter said+ > .Ali told me+ .I shall tell $ou what the Messenger of Allah :&ea e be on him; told me1 >"o not lea/e an$ figure without mutilating it or an$ gra/e without le/eling itA> . >;

!hat ould these &i tures ha/e been whi h the Pro&het :&ea e be on him; ommanded to ha/e defa ed and mutilated e( e&t a re&resentation of the idolatr$ of the &eriod of 6ahili$$ah@ The Pro&het :&ea e be on him; was determined to &urif$ Madinah of the remnants of idolatr$+ and that is wh$ he des ribed a return to an$ su h &ra ti e as re6e tion of the message re/ealed to himA

A Summar% of the 'ulings Pertaining to "igures a#l Their Makers

!e summariDe here the rulings &ertaining to figures and figure-makersA

1. The most stri tl$ &rohibited figures are those whi h are made to be worshi&ed
in the &la e of or in addition to Allah Subhanahu wa Ta.alaA If the one who makes them does it intentionall$ for this &ur&ose+ he is going in the dire tion of unbelief :kufr;A The most detestable among su h figures are statuesA An$one who has a share in &ro&agating or glorif$ing them will bear the sin &ro&ortional to his &artA

2. ,e(t to this in sinfulness are figures whi h are not made to be worshi&ed but
whi h are intended to imitate Allah.s reationA If the artist laims that he originates and reates as Allah does+ he is an unbelie/erA This matter &ertains solel$ to the intention of the artistA

3. After this are statues whi h are ere ted in &ubli

&la es in order to ommemorate great &ersonalities su h as kings+ leaders and elebritiesB this a&&lies e-uall$ to full-length statues and to bustsA

4. ,e(t are statues of li/ing beings whi h are neither worshi&&ed nor

re/eren edA There is general agreement that the$ are haram+ e( e&t those whi h are not treated in a manner indi ati/e of res&e tA "olls or figures made of ho olate or sugar are lear e( e&tionsA

5. ,e(t are &ortraits of great &eo&le su h as rulers and &oliti al leaders+

es&e iall$ when the$ are dis&la$ed or hung on wallsA Strongl$ &rohibited among these are &ortraits of t$rants+ atheists+ and immoral indi/iduals+ for to res&e t them is to degrade IslamA

6. ,e(t are &i tures of &eo&le or animals whi h are not a orded res&e t but

onstitute a dis&la$ of lu(ur$ and high li/ing+ as+ for e(am&le+ when the$ o/er a wall or the likeA These are lassified as detestable onl$A

7. Making and a -uiring drawings or &aintings of trees+ lakes+ shi&s+ mountains+

and lands a&es of this sort is &ermittedA Howe/er+ if the$ distra t from worshi& or lead toward e(tra/agant li/ing+ the$ are disa&&ro/edA

8. Photogra&hi &i tures are basi all$ &ermissibleA The$ be ome haram onl$
when the sub6e t matter is haram+ indi/iduals who are re/ered either be es&e iall$ the leaders of idolaters+ immoral indi/iduals su h as+ for e(am&le+ in the ase of idols+ ause of their religious or worldl$ status+ Communists or other unbelie/ers+ or as a tors and entertainersA

FA #inall$+ if the &rohibited statues and &i tures are defa ed or degraded+ their use be omes &ermissibleB an e(am&le of this are figures on a rug or ar&et+ be ause the$ are walked u&onA

3eeping !ogs

ithout -ecessit%

7ee&ing dogs inside the house without an$ ne essit$ merel$ as &ets was forbidden b$ the Pro&het :&ea e be on him;A !hen we obser/e how la/ishl$ the well-to-do treat their dogs while des&ising their relati/es+ and how mu h attention the$ gi/e their dogs while negle ting their neighbors+ we realiDe the wisdom of this &rohibitionA Moreo/er+ the &resen e of a dog makes the household utensils unh$gieni due to their li king of themA The Pro&het :&ea e be on him; said+ #If a "og licks a plate (or pot), clean it se!en times, of which one time shoul" be with san" (or earth).# :'e&orted b$ alBukhariA;

Some s holars are of the o&inion that the reason for &rohibiting the kee&ing of dogs ma$ be be ause the$ bark at /isitors+ s are awa$ the need$ who ome to ask for harit$+ and hase and tr$ to bite &assers-b$A The Pro&het :&ea e be on him; said+ 'ibril came to me an" sai", 'I came to ou ester"a but what stoppe" me from entering was that there was a statue at the "oor, a curtain with figures on it in the house, an" a "og insi"e the house. &o or"er that the hea" of the statue be broken off so that it resembles the trunk of tree, that the curtain be cut an" ma"e into two pillows to recline on, an" that the "og be taken out.' :'e&orted b$ Ab"aoud+
al-,isai+ al-Tirmidhi+ and b$ Ibn Hibban in his SahihA;

This &rohibition is limited to kee&ing dogs without need or benefitA

The Permissibilit% of 3eeping Hunting !ogs and

atch !ogs

"ogs whi h are ke&t for a &ur&ose+ su h as hunting+ guarding attle or ro&s and the like are e(em&ted from the abo/e rulingA In a hadith re&orted b$ both al-Bukhari and Muslim+ the Pro&het :&ea e be on him; said+ -hoe(er keeps a dog e1cept for hunting or for guarding crops or cattle will lose one large measure ("irat) of his reward each day. %n the basis of this hadith some 6urists argue that the kee&ing of dogs as &ets an be lassified as makruh rather than haram+ as the haram is absolutel$ &rohibited without regard to whether there is a de rease in reward or notA

Howe/er+ the &rohibition of kee&ing dogs in the house does not mean that dogs ma$ be treated ruell$ or that the$ should be eradi atedA 'eferring to the following /erse of the Cur.an+ There is not an animal on the earth, nor a bir" fl ing upon two wings, but comprise nations like oursel!es. :=15G;+ the Pro&het :&ea e be on him; said+ #If "ogs were not a nation (ummah) among nations, I woul" ha!e or"ere" that the be kille".''
:'e&orted b$ Abu "aoud and al-TirmidhiA :This was said b$ the Pro&het following Jibril.s remark that angels do not enter a house in whi h there is a dogA TransA;;

The Pro&het :&ea e be on him; told his Com&anions a stor$ on erning a man who found a dog in the desert &anting and li king the dust due to thirstA The man went to a well+ filled his shoes with water+ and relie/ed the dog.s thirstA Said the Messenger of Allah :&ea e be on him;+ #Allah appreciate" this an" forga!e him all his sins.#
:'e&orted b$ al-BukhariA;

The "indings of Scientific 'esearch 'elati.e to 3eeping !ogs

Some lo/ers of the !est in Muslim ountries laim to be full of lo/e and om&assion for all li/ing reatures and the$ wonder wh$ Islam warns against this >best friend> of manA #or their benefit+ we -uote here a length$ e( er&t from an arti le b$ the 2erman s ientist+ "rA 2erard #instimer+ :Translated from the 2erman magaDine 7osinosA; in whi h the author sheds light on the dangers to human health resulting from kee&ing dogs or oming in onta t with themA He sa$s1 The in reasing interest shown b$ man$ &eo&le in re ent times in kee&ing dogs as &ets has om&elled us to draw &ubli attention to the dangers whi h result from this+ es&e iall$ be ause &et dogs are hugged and kissed and &ermitted to li k the hands of the $oung and the old+ and what is worse+ to li k the &lates and utensils whi h are used b$ human beings for eating and drinkingA Besides being unh$gieni and un outh+ this &ra ti e is bad manners and abhorrent to good tasteA Howe/er+ we are not on erned with su h mattersA lea/ing them to be addressed b$ tea hers of eti-uette and good tasteA 'ather this arti le is intended to &resent some s ientifi obser/ationsA #rom the medi al &oint of /iew+ whi h is our main on ern here+ the haDards to human health and life from kee&ing and &la$ing with dogs are not to be ignoredA Man$ &eo&le ha/e &aid a high &ri e for their ignoran e+ as the ta&eworm arried b$ dogs is a ause of hroni disease+ sometimes resulting in deathA This worm is found in man+ in attle+ and in &igs+ but it is found in full$-de/elo&ed form onl$ in dogs+ wol/es and rarel$ in atsA These worms differ from others in that the$ are minute and in/isible+ onse-uentl$+ the$ were not dis o/ered until /er$ re entl$A He ontinues+

Biologi all$ the de/elo&mental &ro ess of this worm has some uni-ue hara teristi sA In the lesions aused b$ them+ one worm gi/es rise to man$ heads whi h s&read and form other and /aried kinds of lesions and abs essesA These heads de/elo& into fullgrown worms onl$ in dogs. tonsilsA In humans and in other animals the$ a&&ear as lesions and abs esses om&letel$ different from the ta&eworm itself In animals the siDe of an abs ess ma$ rea h that of an a&&le+ while the li/er of the infe ted animal ma$ grow from fi/e to ten times its normal siDeA In human beings the siDe of the abs ess ma$ rea h that of a len hed fist or e/en the head of an infantB it is filled with $ellow fluid weighing from ten to twent$ &oundsA In the infe ted human it ma$ ause di/erse kinds of inflammations in the lungs+ mus les+ s&leen+ kidne$s+ and brain+ and a&&ears in su h different forms that s&e ialists+ until /er$ re entl$+ had diffi ult$ in re ogniDing itA In an$ ase+ where/er this inflammation is found+ it &oses great danger to the health and life of the &atientA !hat is worse is that+ in s&ite of our knowledge of its life histor$+ origin+ and de/elo&ment+ we ha/e not been able to de/ise a ure for it+ e( e&t that in some instan es these &arasites die out+ &ossibl$ be ause of antibodies &rodu ed in the human bod$A *nfortunatel$+ ases in whi h su h &arasites die without ausing damage are rare indeedA Moreo/er+ hemothera&$ has failed to &rodu e an$ benefit+ and the usual treatment is surgi al remo/al of the abs essed &arts of the bod$A #or all these reasons we should use all &ossible resour es to fight against this dreadful disease and sa/e man from its dangersA Professor ,oeller+ through &ost-mortem disse tion of human bodies in 2erman$+ found that the in iden e of infe tion with dogs. worms is at least one &er entA In some &la es su h as "almatia+ I eland+ southeastern Australia+ and Holland+ where dogs are used for &ulling sleds+ the in iden e rate of ta&eworm among dogs is 93 &er entA In I eland the number of &eo&le who suffer from the inflammation aused b$ this worm has rea hed the rate of 85 &er entA If we add to this the human suffering+ the loss of meat be ause of infe tion of attle+ and the &ermanent danger to human health be ause of the &resen e of ta&eworms+ we annot be /er$ om&la ent toward this &roblemA Perha&s the best wa$ to ombat the &roblem is to limit the worms to dogs and not let them s&read+ sin e in a tualit$ we need to kee& some dogsA !e should not negle t to treat dogs when ne essar$ b$ getting rid of the ta&eworms in their tonsils and &erha&s re&eating this &ro ess &eriodi all$ on she&herd dogs and wat hdogsA Man an &rote t his life and health b$ kee&ing a safe distan e from dogsA He should not hug them+ &la$ with them+ or let them ome lose to hildrenA Children should be taught not to &la$ with dogs or to fondle themA "ogs should not be &ermitted to li k hildren.s hands or ome to &la es where the$ &la$A *nfortunatel$+ dogs are allowed to roam about e/er$where+ es&e iall$ in &la es where hildren &la$+ and their bowls are s attered throughout the houseA "ogs must ha/e their own se&arate bowls+ and the$ must not be allowed to li k bowls and &lates used b$ humansA The$ should not be allowed inside gro er$ stores+ restaurants+ or market&la esA In general+ great are must be taken that the$ do not ome in onta t with an$thing whi h is used b$ &eo&le for eating and drinkingA !e alread$ know that the Pro&het :&ea e be on him; forbade mi(ing with dogs+ and that he warned against their li king &lates and against kee&ing them without ne essit$A How is it &ossible that the tea hings of an unlettered Arab+ Muhammad+

should agree with the latest findings of s ientifi resear h@ Trul$+ we annot sa$ an$thing e( e&t to re&eat the words of the Cur.an1 ,or "oes he speak from (his own) "esire. It is nothing other than a re!elation sent "own. :<515-8;

ork and Earning )i.elihood

't is He -ho has made the earth submissi(e to you2 so tra(erse its paths and eat of what He pro(ides you.... :=H19<; The fundamental attitude of Islam toward man.s &osition in the world is that Allah Subhanahu wa Ta.ala has made the earth for the benefit of man+ to whom He has gi/en ontrol o/er itA It is the dut$ of man to &rofit from this fa/or and to e(ert himself to seek Allah.s bounties throughout the earthA

The &bligation to

ork If &ne Is Able

It is not &ermitted to the Muslim to a/oid working for a li/ing on the &rete(t of de/oting his life to worshi& or trust in Allah+ as gold and sil/er ertainl$ do not fall from the sk$A It is also not &ermissible for him to de&end on harit$ while he is able to earn what is suffi ient for his own and his famil$.s needs through his own effortsA In this regard+ the Pro&het :&ea e be on him; has said+ #2harit is halal neither for the rich nor for the able bo"ie".# :.'e&orted b$ al-TirmidhiA; The Pro&het :&ea e be on him; made it haram for the Muslim to beg from others without dire ne essit$ thus losing his honor and his dignit$A He said+ #$e who begs without nee" is like a person hol"ing a burning coal in his han".'' (Reported by al-%ayhaqi a"d by #b" 0ha!imah i" his Sahih.) He also said+ An one who begs from people in or"er to increase his wealth will ha!e his face scratche" on the .a of /esurrection, an" will eat burning stones from hell; so let him re"uce it (his punishment) or let him increase it as he pleases. (Reported
by al-Tirmidhi. (The mea"i", here is that it is up to him to de+rease his pu"ishme"t by "ot be,,i",, a"d i+e- ersa. Tra"s.))

Again+ he said+ #A person keeps on begging until he meets Allah (on the .a of /esurrection) with no flesh on his face.# (Reported by al-%ukhari a"d Muslim.) B$ su h strong admonitions+ the Pro&het :&ea e be on him; intended to train the Muslim to safeguard his dignit$+ to de/elo& self-relian e+ and to be far-remo/ed from de&enden e on othersA

hen $egging is Allo#able

The Pro&het :&ea e be on him; was+ howe/er+ aware of situations of ne essit$A If+ under the &ressure of need+ one is for ed to ask for finan ial hel& from the go/ernment or from indi/iduals+ he is blamelessA Said Allah.s messenger :&ea e be on him;1 4egging is similar to scratching the flesh off our face; so if someone wants to

sa!e his face he shoul" a!oi" it, except for asking from the ruler or asking in case of "ire nee". :'e&orted b$ Abu "aoud and al-,isaiA; In his Sahih+ Muslim re&orted Abu Bishr Cuba$sah ibn al-Makharaf as sa$ing+ >I agreed to &a$ himalah :an amount of mone$ &aid to two -uarreling &arties in order to make &ea e between them; and ame to the Messenger of Allah :&ea e be on him; asking for hel&A Thereu&on the Pro&het :&ea e be on him; said+ '(ait until alms (sa"a5ah) are brought to us an" we will gi!e ou from that. 6uba sah,' he continue", 'asking for mone is not permissible except in three cases% for a man who takes it upon himself to pa himalah, he ma ask people for help until the "esignate" amount is recei!e" an" then he shoul" stop asking. 7or a man who suffers calamit an" loses his propert , it is permissible for him to ask until he is able to stan" on his own feet. 7or a man who is star!ing, until three reliable persons from his communit sa , #That man is re"uce" to hunger; it is permissible for him to ask until he is able to stan" on his own feet.# 8xcept for these, 6uba sah, begging is fire, it is eating fire.' :'e&orted b$ Abu "aoud and
al-,isaiA;

!ignit% of

ork

Some &eo&le regard ertain kinds of work or &rofessions as ontem&tibleA Howe/er+ the Pro&het :&ea e be on him; denied the /alidit$ of this notionA He taught his Com&anions that the whole of a human being.s dignit$ is tied u& with his work an$ sort of work and that real disgra e and humiliation onsist of de&ending on other &eo&le.s hel&A He said+ It is better that a person shoul" take a rope an" bring a bun"le of woo" on his back to sell so that Allah ma preser!e his honor, than that he shoul" beg from people, (regar"less of) whether the gi!e to him or refuse him. :'e&orted b$ al-Bukhari and
MuslimA;

The Muslim an earn his li/elihood b$ agri ulture+ trade+ or industr$ or b$ an$ &rofession or em&lo$ment as long as it does not in/ol/e doing+ su&&orting+ or &ro&agating an$thing haramA

Earning Through Agriculture

In the Cur.an+ while referring to His bounties and fa/ors to man+ Allah Ta.ala mentions the &rin i&les re-uired for the &ursuit of agri ultureA He has s&read out the earth and made it suitable and fertile for ulti/ation and &rodu tionB this is a bount$ to human beings whi h the$ ought to re all and to be thankful for1 An" Allah has sprea" out the earth for ou, so that ou ma make our wa through its spacious paths. :H919F-3E; An" $e has sprea" out the earth for ($is) creatures. In it is fruit, an" "ate palms with spathes, an" huske" corn, an" scente" herbs. Then which of the fa!ors of our 0or" will ou "en ) :<<19E-95; He has also &ro/ided water in abundan eA He sends it down as rain and makes it flow in streams to re/i/e the earth after it is deadA An" it is $e (ho sen"s "own water from the sk . (ith it (e then bring forth !egetation of all kin"s; from some (e pro"uce green (crops) out of which (e pro"uce grain heape" up at the har!est.... :=1FF; Then let

man look at his foo", how (e pour forth water in abun"ance, then (e split the earth into fragments an" pro"uce therein corn an" grapes an" nutritious plants. :GE138-3G; #urther+ He sends the winds+ with >good tidings> to dri/e the louds and s atter the seeds1 An" (e ha!e sprea" out the earth an" place" firm hills therein, an" pro"uce" in it all kin"s of things in "ue balance. An" (e ha!e ma"e means of sustenance in it for ou an" for those whom ou are not the pro!i"ers. An" there is not a thing but its sources are with 9s, an" (e sen" it "own onl in appointe" measures. An" (e sen" the fertili:ing win"s, an" sen" "own the rain from the sk an" gi!e it to ou to "rink, although ou are not the guar"ians of its stores. :9<19F-33; In all these Cur.ani /erses there is en ouragement for man to engage in agri ultural a ti/it$+ for it has been made eas$ for him as a di/ine fa/orA The Pro&het :&ea e be on him; said+ (hen a 3uslim plants a plant or culti!ates a crop, no bir" or human being eats from it without its being accounte" as a (rewar"able) charit for him. (Reported by al-%ukhari a"d Muslim.) He also said+ (hen a 3uslim plants a plant, an thing eaten of it or stolen from it, until the .a of /essurection, is accounte" as a charit for him. (Reported by Muslim.) The im&li ation of these ahadith is that the reward of the &erson who &lants a tree or a ro& ontinues as long as the &rodu e of this tree or ro& is eaten or used+ e/en though he ma$ ha/e sold it to someone elseA The s holars ha/e said+ It is Allah.s generosit$ that He ontinues to add to the reward of a &erson e/en after his death+ 6ust as when he was ali/e+ for si( things1 for the harit$ whose benefits ontinue+ for knowledge whi h is used+ for righteous hildren who &ra$ for him+ for the trees he &lanted+ for the ro&s he sowed+ and for territorial borders he guardedA %n e a man &assed Abu al-"arda while he was &lanting a walnut treeA The man said+ >Are $ou &lanting this e/en though $ou are a /er$ old man@ This tree will not bear fruit for man$ $earsA> >!hat of it@> Abu al-"arda re&liedA >%thers will eat of its fruit+ and the reward will be mineA> %ne of the Com&anions of the Pro&het :&ea e be on him; said that he had heard the Messenger of Allah sa$+ If an one plants a tree, patientl protects it, an" looks after it until it bears fruit, Allah the 3ight an" *lorious will count as charit for him an thing for which its fruits are use". :'e&orted b$ AhmadA; %n the basis of these sa$ings of the Pro&het :&ea e be on him;+ some s holars ha/e argued that agri ulture is the best of o u&ationsA %thers sa$ that manufa turing and working with the hands are best+ while still others onsider trade to be the bestA (See al-*astala"i's +omme"tary o" al-%ukhari.) In tr$ing to re on ile these &ositions+ some resear hersa$ that it all de&endu&on ir umstan es1 if food is s ar e+ agri ulture is the best if &eo&le need goods+ trade is the bestB while if manufa tured goods are needed+ industr$ is the bestA This onditional &referen e seems to be in the losest agreement with modern s ientifi thoughtA

Prohibited Crops
It is haram to ulti/ate a &lant+ su h as hashish and the like whi h is haram for eating or whi h has no other known use e( e&t what is harmfulA The ase of toba o is of this natureB whate/er be the lassifi ation of smoking+ whether haram or

makruh+ the growing of toba smoking as haramA

o is similarl$ lassifiedA !e oursel/es &refer to lassif$

It is not a /alid e( use for the Muslim to sa$ that he is growing the haram ro& in order to sell it to non-Muslims+ for the Muslim is ne/er &ermitted to be a &art$ to the &ro&agation of what is haramA This is similar to a Muslim.s raising &igs in order to sell them to Christians+ whi h is learl$ unlawfulA As we ha/e seen+ e/en a halal item su h as gra&es annot be sold to others if it is known that the$ will use them to make wineA

Industries and Professions

Agri ulture is essential+ and Islam &ersuades &eo&le to engage in it b$ &ointing to the benefits in this world+ and the rewards in the Hereafter resulting from itA Howe/er+ from the Islami &oint of /iew it would be e(tremel$ undesirable if &eo&le limited their e onomi efforts solel$ to agri ulture+ a situation analagous to su&&osing that the ine(haustible o eans had no use other than the e(tra tion of &earls from their de&thsA !arning Muslims that onfining their a ti/it$ onl$ to agri ulture and &astoral &ursuits would e(&ose them to /arious dangers su h as defeat+ humiliation+ and the loss of religious freedom+ the Pro&het :&ea e be on him; said+ If ou "eal in usur , calling it b other names, an" hang onto the tails of cows, being satisfie" with culti!ation an" ceasing to perform jiha", (Stri i", or fi,hti", i" the +ause of Allah. (Tra"s.)) Allah will inflict a "isgrace upon ou which will not be remo!e" until ou return to our religion. :'e&orted b$ Abu "aoudA; Thus+ in addition to agri ulture+ the Muslim must de/elo& su h industries+ rafts+ and &rofessions as are essential for the life of a ommunit$+ for the strength of a free and &owerful nation+ and for the &osterit$ and wealth of a ountr$A As the great s holars and 6urists ha/e e(&lained+ the essential industries and &rofessions are not merel$ &ermitted b$ the Islami Shari.ah+ the$ are in fa t an obligation on the Muslim ommunit$ as a wholeA Su h obligations are termed >the obligations of suffi ien $> :fard kifi$ah;B that is to sa$+ the Muslim ommunit$ must in lude among its members &eo&le engaged in e/er$ essential s ien e+ industr$+ and &rofession in numbers suffi ient to meet its needsA If there is a shortage of -ualified &ersons in some field of essential s ien e or industr$+ the entire Muslim ommunit$ is blameworth$+ es&e iall$ those in &ositions of authorit$A Imam al-2haDDali sa$s1 S ien es whose knowledge is deemed fard kifa$ah om&rise e/er$ area whi h is indis&ensable for the welfare of this world+ su h as the following1 medi ine+ whi h is ne essar$ for the life of the bod$B arithmeti + for dail$ transa tions and the di/ision of lega ies and inheritan es+ as well as others besidesA These are the s ien es without whi h+ be ause of their absen e+ a ommunit$ would be redu ed to narrow straitsA But should one who an &ra ti e them arise in the ommunit$+ it would suffi e+ and the obligation to a -uire their knowledge would ease to be binding u&on the rest of the ommunit$A ,o one should be sur&rised when we sa$ that medi ine as well as arithmeti are of the s ien es whi h are fard kifa$ah+ as are the basi industries+ su h as agri ulture+ wea/ing+ &oliti s+ and e/en u&&ing and tailoringA #or if a town should la k a u&&er+ e(tin tion would o/ertake its &eo&le and the$ would be dri/en to e(&ose themsel/es to destru tionA Has not He !ho has sent down the malad$ also sent down the remed$+ gi/en guidan e for its use+ and &re&ared the means for administering it@ It

is not+ therefore+ &ermissible to e(&ose oneself to destru tion b$ negle ting the remed$A :Ih$a .*lum al-"in+ /olA 9 :The Book of 7nowledge; translated b$ ,abih Amin #aris ShA Muhammad
Ashraf+ )ahore+ Pakistan+ 9F==+ &A 5H;

The Cur.an mentions man$ industries+ terming them Allah.s fa/or and bount$A Allah Ta.ala sa$s on erning "a/id :"aoud;+ ...An" (e ma"e iron soft for him (comman"ing)% 3ake thou coats of mail an" balance the links.... :5819E-99; An" (e taught him the art of making garments (of mail) to protect ou from our !iolence. (ill ou then be thankful) :391GE; He sa$s about Solomon1 ...An" (e ma"e a fountain of molten copper flow for him; an" of the jinn there were those who worke" in front of him b his 0or"'s permission. An" if an of them turne" asi"e from -ur comman", (e ma"e him taste the penalt of the bla:ing fire. The worke" for him as he "esire", (making) s nagogues an" statues, basins as large as reser!oirs an" boilers built into the groun". *i!e thanks, - $ouse of .a!i".... :58193-95; And He sa$s about "uhl-Carna$n and his building the high dam1 $e sai", 'That in which m 0or" has establishe" me is better (than tribute). Therefore, (if ou) help me with our strength, I will erect a barrier between ou an" them. *i!e me blocks of iron.' Then when he ha" fille" up the space between the two cliffs, he sai", '4low (with our billows).' Then when he ha" set it afire, he sai", '*i!e me molten copper to pour on it.' Thus, the were unable to scale it, nor were the able to "ig through it.' :9G1F<-FH; Allah mentions the stor$ of ,oah :,uh; and the onstru tion of the ark+ and He also mentions great shi&s the siDe of mountains whi h sail the seas1 An" among $is signs are the ships on the sea, like mountains. :83153; The Cur.an also mentions hunting in all its /aried forms+ from the at hing of fish and the &ursuit of land animals to di/ing in the dee& for &earls+ oral+ and the likeA In addition to this+ the Cur.an has informed us about the /alue of iron in su h em&hati terms as are a&t to be found in an$ other &re/ious book+ religious or se ularA After mentioning the sending of &ro&hets to the &eo&le and re/ealing the s ri&tures+ Allah Ta.ala sa$s1 ...An" (e sen" "own iron, in which there is great strength an" benefits for mankin".... :<H13<; It is not sur&rising that the surah ontaining this /erse was gi/en the title of Al-Hadid :Iron;A An$ sort of work whi h fills a need in the so iet$ or brings real benefit is regarded as good+ &ro/ided the &erson &erforms it in a &ro&er manner+ as is re-uired b$ IslamA Islam ga/e dignit$ to man$ &rofessions whi h &eo&le onsidered lowl$ and degradingfor e(am&le+ the o u&ation of she&herdingA Although &eo&le do not usuall$ look u&on she&herds with esteem or honor+ the Pro&het :&ea e be on him; said+ 'Allah "i" not sen" a prophet without his ha!ing ten"e" sheep', The aske", ';ou too, - 3essenger of Allah) $e replie", ';es. I ten"e" sheep for wages for the people of 3akkah'. :.'e&orted b$ al-BukhariA; Muhammad :&ea e be on him;+ the Messenger of Allah and the Seal of the Pro&hets+ used to tend shee&I Moreo/er the$ were not e/en his own shee& but belonged to the &eo&le of Makkah+ and he tended them for fi(ed wagesA He told his Com&anions this in order to tea h them that honor belongs to those who work+ and not to those who sit idle and are &arasitesA The Cur.an tells the stor$ of the Pro&het Moses :Muse; :&ea e be on him; who worked for eight $ears as a hired man to gain the hand of an old man.s daughter in

marriageA Moses was an e( ellent worker and em&lo$eeB the old man.s daughter had dis&la$ed real insight into his hara terA She said+ - m father, emplo him; trul , the best for thee to emplo is the strong an" trustworth one. :3G13=; Ibn .Abbas said+ >"a/id was a maker of oats of mail and shields+ Adam was a farmer+ ,oah a ar&enter+ Idris a tailor+ and Moses a she&herdA..(Reported by al-$akim.) Sin e e/er$ &ro&het of Allah had some o u&ation+ the Muslim should deri/e satisfa tion in his o u&ation or &rofessionA A hadith states1 ,oone earns his foo" better than the onewho worke" with his han"s, an" the prophet of Allah, .a!i" earne" his foo" b working with his han"s. :'e&orted b$ al-Bukhari and othersA;

Industries and Professions Condemned b% Islam

Islam has &rohibited ertain &rofessions and industries to its followers be ause the$ are harmful to the beliefs+ morals+ honor+ or good manners of the so iet$A 3rostitution: Prostitution+ for e(am&le+ is legal in man$ ountries of the !estB &ermits and li enses are issued to those who &l$ this trade+ and &rostitutes en6o$ rights similar to other &rofessionalsA Islam absolutel$ re6e ts and ondemns this &ra ti e+ and forbids an$ female+ free or sla/e+ to earn mone$ b$ selling her se(ualit$A "uring the &eriod of 6ahili$$ah some &eo&le used to e(a t a dail$ tribute from their female sla/es without aring in what manner the$ earned this mone$ to &a$ their mastersA A ma6orit$ of them had to resort to &rostitutionB some masters e/en for ed their sla/e-girls to &rostitution in order to earn a &altr$ feeA !hen Islam ame+ it lifted this disgra eful burden from its sons and daughtersA Allah Ta.ala re/ealed+ ...An" "o not force our sla!e<girls to prostitution if the "esire chastit , in or"er that ou ma seek the pleasures of this worl"'s life.... :38155; Ibn .Abbas narrated that Ibn *ba$$+ the hief of the h$&o rites of Madinah+ ame to the Pro&het :&ea e be on him;+ bringing with him a /er$ beautiful sla/e-girl named M.uadhah+ and sa$ing+ >% Messenger of AllahI She belongs to su h and su h or&hansA !ill $ou not allow her to ommit forni ation so that the$ ma$ re ei/e the &ri e of it@> >,oI> re&lied the Pro&het :&ea e be on him;A :Tafsir of #akhr al-"een al-'aDi+ /olA
35+ &A 53EA;

Thus the Messenger of Allah :&ea e be on him; forbade this abominable &rofession+ regardless of who might deri/e benefit from it+ re6e ting an$ laim on erning need+ distress+ or an$ other worth$ &ur&ose in order that Muslim so iet$ might remain &ure of su h degrading &ra ti esA +ancing and 4ther 5rotic Arts: Similarl$+ Islam does not &ermit se(uall$ e( iting dan ing or an$ other eroti a ti/it$+ su h as suggesti/e or obs ene songs+ &ro/o ati/e dramas+ and e/er$ t$&e of rubbish whi h some &eo&le toda$ term >art> and >&rogressA> The fa t is that Islam &rohibits e/er$ sort of se(ual onta t and se(ual relationshi& outside marriageA This is the se ret behind the signifi ant words of the Cur.an

&rohibiting forni ation and adulter$ :both of whi h are known as Dina in Arabi ;A An" "o not come near :ina; in"ee", it is an abomination an" an e!il wa . :9H153; This indi ates that not onl$ is Dina forbidden+ but likewise an$thing whi h brings one near to itA E/er$thing to whi h we ha/e referred abo/e+ as &eo&le are well aware+ for e(am&le+ &ro/o ati/e dan es and songs+ onstitutes > oming near DinaB> these things are ertainl$ intended to tem&t+ e( ite+ and lead one toward su h sinA And what ha/o the$ wreak in the li/es of &eo&leI Making 6tatues and 6imilar Articles: As we ha/e alread$ seen+ Islam &rohibits the a -uisition of statues and e/en more strongl$ the making of themA Al-Bukhari re&orted on the authorit$ of Sa.id ibn Abu al-Hasan that the latter said+ >I was with Ibn .Abbas when a man ame and said to him+ .% Ibn .Abbas+ I earn m$ li/ing with m$ own handsA I make these figuresA. .I shall tell $ou+. said Ibn .Abbas .onl$ what I heard from the Messenger of Allah :&ea e be on him;A I heard him sa$+ 'Allah will punish an one who makes figures until he breathes spirit into them, which he can ne!er "o.' Seeing the man e(tremel$ u&set+ Ibn .Abbas added+ .!hat ails $ou@ If $ou must make figures+ then make them of trees or of something whi h has no soulA. ..(Reported by al-%ukhari.) And the same ob/iousl$ a&&lies to the making of idols and the likeA As for drawing+ &ainting+ or &hotogra&h$+ we stated &re/iousl$ that the$ are either &ermitted or at worst disa&&ro/ed+ de&ending on what omes losest to the s&irit of the Islami legislationA %f ourse+ as was e(&lained earlier+ their sub6e t matter should not be se(uall$ &ro/o ati/e+ as+ for e(am&le+ the eroti &arts of the female bod$ or a man and woman in a state of intima $+ and should not be of someone sa red or res&e ted+ su h as the angels or the &ro&hetsA Manufacturing 'nto1icants and +rugs: Earlier we saw that Islam &rohibits an$ &arti i&ation in the &romotion of al oholi be/erages+ whether it be in their manufa ture+ distribution+ or onsum&tion+ and that an$one who &arti i&ates in an$ of these is ursed b$ the Messenger of Allah :&ea e be on him;A The ase of other into(i ants and drugs+ su h as hashish+ o aine+ and the like+ is the sameB manufa turing+ distributing+ or onsuming an$ of them is haramA In short+ Islam &rohibits the Muslim to work in an$ industr$+ business or &rofession whi h deals in+ or &romotes+ an$thing whi h is haramA

Trade
The Cur.an and the Hadith of the Pro&het :&ea e be on him; urge Muslims to engage in trade and ommer e+ and to undertake 6ourne$s for what the Cur.an refers to as >seeking the bount$ of AllahA> In fa t+ Allah mentions those who tra/el for the &ur&ose of trade side b$ side with those who fight in His ause1 ...-thers tra!el through the lan", seeking the bount of Allah, an" still others fight in the cause of Allah.... :H513E; Allah mentions mer hant shi&s+ whi h are the &rin i&al means of trans&orting goods throughout the world+ as one of His fa/ors to mankind+ en ouraging &eo&le to engage in e(&orts and im&ortsA He sa$s1 ...An" thou sees the ships in it (the ocean), clea!ing the wa!es, that ou ma seek of $is bount an" that ou ma be thankful. :5<193;

In other &la es He des ribes the winds+ asso iating them with the mo/ement of shi&s1 An" among $is signs is that $e sen"s the win"s as heral"s of goo" ti"ings an" in or"er that ou ma taste $is merc , an" that the ships ma sail b $is comman" an" that ou ma seek of $is bount , an" in or"er that ou ma be thankful. :5E18=; The Cur.an mentions this at other &la es as a reminder of Allah.s &ower and wisdom1 =eril , in the creation of the hea!ens an" the earth, an" the alternation of night an" "a , an" in the ships which sail upon the ocean with what is of benefit to mankin"...are signs.... :319=8; An" among $is signs are the ships on the sea, like mountains. :83153; Allah reminds the &eo&le of Makkah that He aused their it$ to be ome a ommer ial enter of the Arabian &eninsula1 ...An" ha!e (e not establishe" for them a secure sanctuar , to which is brought pro"uce of all kin"s, pro!ision from -ursel!es...@ :3G1<H; Thus was answered Abraham.s &ra$er1 -ur 0or"1 =eril , I ha!e settle" some of m progen in a !alle without culti!ation b Th &acre" $ouse, -ur 0or", in or"er that the ma establish salat. Then incline the hearts of some of the people with lo!e towar" them, an" pro!i"e them with fruits in or"er that the ma be grateful. :9815H; Allah ounted it as His fa/or u&on the Curaish that He fa ilitated for them their two ommer ial 6ourne$s ea h $ear+ the 6ourne$ to ?emen in winter and to S$ria in summerB the$ tra/eled in se urit$ be ause of their guardianshi& of the House :7a.aba;A A ordingl$+ the$ should show their gratitude to the )ord of the House b$ a knowledging and worshi&&ing Him alone1 7or the securit of the 6uraish, their securit in journe ing b winter an" summer, let them worship the 0or" of this $ouse, (ho pro!i"es them with foo" against hunger an" makes them safe against fear. :9E=198; Islam has &ro/ided a great o&&ortunit$ for international trade ea h $earA The annual Ha66 season brings together at one &la e millions of Muslims from all o/er the world1 ...The will come to thee (3akkah) on foot an" on e!er (kin" of) lean camel; the will come from e!er "eep ra!ine, in or"er that the ma witness the benefits (pro!i"e") for them an" celebrate the name of Allah.... :3313H-3G; Commer ial a ti/it$ is un-uestionabl$ one of these benefitsA Al-Bukhari re&orted that the Muslims were relu tant to do business during the ha66+ fearing that this might om&romise the sin erit$ of their intentions or the &urit$ of their worshi&A The /erses of the Cur.an were then re/ealed+ stating learl$ and distin tl$ that It is no sin for outo seek the bount of our 0or" ("uring the hajj).... :319FG; The Cur.an lauds those who go to the mos-ues often+ glorif$ing their )ord morning and e/ening1 3en whom neither business nor sale can "i!ert from the remembrance of Allah, nor from regularit in salat or from gi!ing :akat.... :3815H; In the /iew of Islam+ the true belie/ers are not those who remain in the mos-ues+ nor the m$sti s or re luses in their &la es of retreatA The true Belie/ers are men of a tion+ whose distinguishing hara teristi is that the affairs of the bus$ world do not make them forget their obligations to their CreatorA These are some of the tea hings of the Cur.an on erning trade and ommer eA The Pro&het :&ea e be on him;+ b$ his words and deeds+ delineated the rules of trade+ en ouraging+ indeed+ urging the Muslims to engage in itA Among some of his sa$ings are the following1 #An honest an" trustworth merchant will be with the mart rs on the .a of /esurrection.# (Reported by #b" Ma1ah a"d al-$akim, )ho +lassified it as -sou"d.-) #An honest an" trustworth merchant will be with the prophets, the truthful, an" the mart rs.# (Reported

It is not sur&rising that the Pro&het :&ea e be on him; held the status of an honest mer hant to be e-ual to that of a soldier or a mart$r in the ause of AllahA His e/aluation is onfirmed b$ the e(&erien es of life+ sin e stri/ing in the ause of Allah is not limited to the battlefield but e(tends to the e onomi front as wellA
by al-$akim a"d al-Tirmidhi, )ith ,ood tra"smitters.)

The Pro&het :&ea e be on him; &romised mer hants a high status with Allah and a great reward in the HereafterA !e obser/e that the moti/ating for e behind mu h trading a ti/it$ is greed and &rofit-making b$ an$ meansB >Mone$ makes mone$> and >Business begets business> are the moti/es of mu h trading a ti/it$A An$ mer hant who remains within the bounds of honest$ and fair-dealing in su h an atmos&here is a fighter against his desires+ meriting the status of a warrior in the ause of AllahA The lure of business is great+ and it an turn a businessman.s attention e( lusi/el$ to numbers+ ounting his a&ital and the &rofits of his businessA E/en during the Pro&het.s own lifetime the following in ident o urred1 while the Pro&het :&ea e be on him; was addressing a gathering+ the news ame that a ara/an of mer handise had arri/edA The &eo&le rushed out+ lea/ing the Pro&het :&ea e be on him; behind+ u&on whi h Allah Ta.ala admonished them1 4ut when the see some business or amusement, the "isperse to it an" lea!e thee stan"ing. &a % '(hat is with Allah is better than amusement an" than business; an" Allah is the best of pro!i"ers.' :=3199; A ordingl$+ a &erson who+ in a /orte( of ommer ial a ti/it$+ an remain steadfast+ with the fear of Allah in his heart and the mention of Him on his li&s+ most ertainl$ deser/es to be in the om&an$ of the fa/ored of Allah1 the &ro&hets+ the witnesses to the truth+ and the mart$rs in His auseA The e(am&le of the Pro&het :&ea e be on him; in relation to business and trade is suffi ient in itselfA %n the other hand he was eager to nurture the s&iritual as&e tB thus+ he built the mos-ue in Madinah on the foundation of &iet$ and seeking the &leasure of Allah+ as a gathering &la e for worshi&+ as a uni/ersit$ for tea hing and learning+ as the head-uarters for the all toward Islam+ and as the seat of the go/ernmentA %n the other hand+ he was e-uall$ eager to de/elo& the e onomi as&e tB thus+ he established an Islami market&la e in whi h the Jews had not the authorit$ the$ had &re/iousl$ &ossessed in the market&la e of Banu Ca$n-a.A The Pro&het :&ea e be on him; himself organiDed the rules of business dealing+ e(&laining and tea hing its /arious as&e tsA There was to be no heating nor misre&resentation+ nor hoarding+ nor under utting+ and the likeA These to&i s will form the sub6e t of our dis ussion under the heading of >Human Affairs> in the ha&ter entitled >The Halal and the Haram in the "ail$ )ife of MuslimsA> Among the Com&anions of the Pro&het :&ea e be n him; we find skilled traders as well as raftsmen+ farmers+ and e/er$ other kind of &rofessional &erson and workerA In their midst was the Messenger of Allah :&ea e be on him; to whom the S&ee h of Allah ame down+ who was /isited b$ Jibril+ the Trustworth$ S&irit+ bringing the re/elations from Allah+ and who guided the &eo&le b$ the )ight of these hea/enl$ messagesA Ea h of the Com&anions lo/ed this noble Messenger :&ea e be on him; from the de&ths of his beingB he wished nothing more than to be in his om&an$ and disliked nothing more than being &arted from himA ?et we find that ea h of them was bus$ with his work+ this one 6ourne$ing o/er the earth on a business tri&+ that one working in his &alm-gro/e and farm+ and $et another bus$ with his raftA An$one

who missed an$ &art of the tea hing of the Messenger :&ea e be on him; asked his friends about whate/er he ould+ and the Pro&het told those who listened to him to &ass on his instru tions to those who were absentA Among his Com&anions+ the Hel&ers :Ansar+ or &eo&le of Madinah; were+ b$ and large+ farmers and growers of date-&alms+ while the ma6orit$ of the Immigrants from Makkah :Muha6ireen; were engaged in trade and businessA Here is .Abdur 'ahman ibn .Auf+ the Muha6ir+ and here is Sa.d ibn al-'abi.+ the Ansar+ who were made brothers-in-Allah b$ the Pro&het :&ea e be on him; when the Muslims of Makkah migrated to MadinahA S.ad offered .Abdur 'ahman half of his &ro&ert$+ one of his two houses+ and asked him to hoose one of his two wi/es so that he might di/or e herA This noble sa rifi e was gratefull$ de lined b$ a noble e( useA >Ma$ Allah bless $ou in $our wealth and $our famil$+.. said .Abdur 'ahman to Sa.dA >I ha/e no need for themA %nl$ tell me whi h market has the most trading a ti/it$A> >The Bani Ca$n-a. Market+> said Sa.dA .Abdur 'ahman went to the market with some heese and butter+ and s&ent the da$ bu$ing and sellingA He ontinued his trading a ti/it$ until he be ame one of the wealthiest men among the Muslims+ lea/ing behind a huge estate when he diedA And here is Abu Bakr al-Siddi- who was a traderA E/en on the da$ on whi h he was ele ted ali&h b$ the Muslims+ he had been &lanning to go to the marketA And here is .*mar+ who said about himself+ >2oing to the market ke&t me from listening to the hadith of Allah.s Messenger :&ea e be on him;A> And here are also .*thman and great man$ others who were engaged in trade and ommer eA

Prohibited 3inds of Trade

Islam does not &rohibit an$ trade e( e&t those whi h in/ol/e in6usti e+ making e(orbitant &rofits+ or the &romotion of something whi h is haramA heating+

It is haram to do business in al oholi be/erages+ into(i ants+ drugs+ swine+ idols+ statues+ or an$thing of this sort whose onsum&tion and use Islam has &rohibitedA An$ earnings from su h business are sinful earnings+ and the #ire is likel$ to be the abode for the flesh whi h has been nourished on su h earningsA Honest$ and trustworthiness in su h businesses will not be ounted as meritorious. for Islam ame to fight and destro$ su h &ra ti esA Howe/er+ there is no ob6e tion to trading in gold and silk be ause the$ are &ermitted to women+ e( e&t if something is made of these materials e( lusi/el$ for the use of menA E/en if the trading is in entirel$ halal things+ a mer hant must still adhere to man$ moral onsiderations so that he ma$ not 6oin the ranks of the wi ked+ for #In"ee", the wicke" will be in hell.# :G3198;A %ne da$ when the Pro&het :&ea e be on him; was going to the mos-ue+ he saw some &eo&le engaged in sellingA >% mer hants+> he alled out to themA !hen the$ turned their fa es toward him+ some of them raning their ne ks to listen to what he had to sa$+ he said+ 3erchants will be raise" up on the .a of /esurrection as wicke" people, with the exception of those who fear Allah, "o righteous "ee"s, an" are truthful. :'e&orted b$ al-Tirmidhi Ibn Ma6ah+ Ibn Hibban+ and al-HakimA;

!aithelah ibn al-As-a. said+ >!e were business &eo&leA The Pro&het :&ea e be on him; fre-uentl$ ame to us+ and he would sa$+ #3erchants, beware of l ing.# :'e&orted
b$ al-Tabarani;

Thus+ he warned tagainst l$ing about their mer handise+ sin e this is the weakness of mer hantsA )$ing leads to wrongdoing+ and that in turn leads to the #ireA The Pro&het :&ea e be on him; warned in general against swearing and+ in &arti ular+ against swearing to a lie+ sa$ing+ -n the .a of /essurection Allah will not look at three (kin"s of) persons nor purif them. -ne of them is the person who swears (to the truth) while l ing about his merchan"ise. :'e&orted b$ Muslim and othersA; Abu Sa.id narrated+ >An Arab with a shee& &assed b$ me and I said+ .!ill $ou sell it for three dirhams@. He re&lied+ .,o+ b$ AllahI. but then he sold it to meA I mentioned this to the Messenger of Allah :&ea e be on him;+ who remarked+ $e sol" his $ereafter for this worl". :'e&orted b$ Ibn Hibban in his SahihA; The mer hant should beware of heating+ for the heater is outside the ommunit$ of IslamB he should beware of tam&ering with the s ales when weighingB beware of hoarding lest he forfeit the &rote tion of Allah and His Messenger :&ea e be on him;B and beware of dealing in usur$ or interest :riba;+ for Allah has &rohibited it+ and the Pro&het :&ea e be on him; has said+ #A "irham of riba which a person consumes knowingl is worse than committing :ina thirt <six times.# (Reported by Ahmad o" the authority of sou"d tra"smitters.) !e will elaborate on all these matters when we ome to the to&i >Human AffairsA>

Salaried Emplo%ment
The Muslim is free to seek em&lo$ment in the ser/i e of the go/ernment+ an organiDation+ or an indi/idual as long as he is able to do his work satisfa toril$ and arr$ out his dutiesA Howe/er+ he is not &ermitted to seek a 6ob for whi h he is unfit+ es&e iall$ if the 6ob arries 6udi ial or e(e uti/e authorit$A Abu Hurairah re&orted the Pro&het :&ea e be on him; as sa$ing+ (oe to the rulers, the lea"ers, an" the trustees1 -n the .a of /esurrection some people will wish that the coul" be suspen"e" between hea!en an" earth rather than ha!ing ha" the bur"en of their responsibilities. :'e&orted b$ Ibn
Hibban in his Sahih+ and b$ al-Hakim who authenti ated its transmittersA;

Abu "harr narrated+ >I said+ .Messenger of AllahI !ill $ou not a&&oint me@. The Pro&het :&ea e be on him; &atted me on the shoulder and then said+ Abu "harr+ $ou are a weak &erson+ and this is a trustB and on the "a$ of 'esurre tion it will be a ause of regret and shame e( e&t for the one who -ualifies for it and fulfills his I res&onsibilitiesA> (Reported by Muslim.) The Pro&het :&ea e be on him; said+ There are three classes of ju"ges, one of whom will be in the *ar"en an" the other two in the 7ire. The one who will be in the *ar"en is a man who knew the truth an" ju"ge" accor"ingl . The one who knew the truth but misju"ge" an" the one who ju"ge" for the people in ignorance will be in the fire. :'e&orted b$ Abu "aoud+ al-Tirmidhi+ and Ibn Ma6ahA; It is better for the Muslim not to as&ire to a high &osition+ e/en though he ma$ be suited for it+ and to seek for something elseB for whoe/er onsiders the &osition as a means of fording it o/er others is a sla/e of that &osition+ and whoe/er turns his fa e toward worldl$ glories will not re ei/e guidan e from hea/enA ,arrated .Abdur

'ahman ibn Samrah+ >The Messenger of Allah :&ea e be on him; told me+ Ab"ur /ahman, "o not ask for go!ernorship, for if ou are appointe" to it without asking, ou will be helpe", while if ou are appointe" to it at our re5uest, ou alone will be hel" responsible. (Reported by al-%ukhari a"d Muslim.) Anas narrated that the Pro&het :&ea e be on him; said+ $e who seeks the office of a ju"ge, collecting recommen"ations, is left to himself, but for him who is compelle" to accept it, Allah sen"s an angel to gui"e him. :'e&orted b$ Abu "aoud and al-TirmidhiA; If+ howe/er+ a &erson knows that there is no one else -ualified to do a &arti ular 6ob e( e&t himself+ and that if he does not ome forward to take it+ &ubli interests will be damaged+ he should ome forwardA The Cur.an tells us the stor$ of the &ro&het Jose&h in whi h Jose&h tells the ruler+ &et me o!er the storehouses of the lan"; I am surel a knowle"geable custo"ian. :931<<; These are the Islami guidelines in relation to seeking &ositions in go/ernment and the likeA

Prohibited T%pes of Emplo%ment

!hat we ha/e said abo/e on erning the &ermissibilit$ of working as an em&lo$ee of a go/ernment+ organiDation+ or indi/idual+ e( ludes those 6obs whi h are in6urious to the ause of Islam or whi h harm MuslimsA A ordingl$+ it is not &ermissible for a Muslim to be an offi er or soldier in an arm$ whi h is fighting against Muslims+ nor to work in a or&oration or fa tor$ whi h manufa tures armaments to be used against Muslims+ nor in an organiDation whi h is hostile to Islam and fights its adherentsA Similarl$+ an$ ser/i e rendered in su&&ort of in6usti e or in &romoting what is haram is itself haramA #or e(am&le+ it is &rohibited to the Muslim to be an em&lo$ee in an organiDation whi h deals in interest+ in a bar or li-uor sho&+ night lub+ dan e hall+ and the likeA It is not a /alid e( use to sa$ that one is neither using what is haram nor dire tl$ in/ol/ed with itA As we ha/e stated &re/iousl$+ it is a basi &rin i&le of Islam that whate/er aids and assists the haram is itself haramA #or this reason+ the Pro&het :&ea e be on him ursed the &erson who writes the do ument of interest and the &erson who witnesses it+ as well as the &erson who onsumes itA Similarl$ ursed is the &erson who brings the wine+ the one who ser/es it+ as well as the one who drinks itA Again+ under the om&ulsion of una/oidable ne essit$+ the Muslim ma$ seek tem&orar$ em&lo$ment in su h a ti/ities to the e(tent of what is re-uired+ but he should in the meantime be sear hing for other gainful em&lo$ments until Allah o&ens a wa$ for him+ for indeed Allah does o&en the door for those who sin erel$ seek to a/oid what is haramA The Muslim is alwa$s to be on guard against tem&tation whi h ma$ lead him toward doubtful a ti/ities+ thereb$ weakening his faith and om&romising his religion+ no matter how large a &rofit or gain ma$ be in/ol/edA The Pro&het :&ea e be on him said;+ #0ea!e alone what puts ou in "oubt an" turn towar" what "oes not put ou in

"oubt.'' (Reported by Ahmad, al-Tirmidhi, al-/isai, al- $akim, a"d #b" $ibba" i" his Sahih.) He also said+ #A person "oes not reach the rank of the *o"<fearing (mutta5een) until he aban"ons what is harmless out of fear that it ma be harmful.# :'e&orted b$ al-TirmidhiA;

A 0eneral 'ule in Earning a )i.ing

The general rule in regard to earning a li/ing is that Islam does not &ermit its followers to earn mone$ in an$ wa$ the$ like+ rather it differentiates between lawful and unlawful methods based on the riterion of the o/erall well-being of the so iet$A %ne ma$ formulate as a general rule that an$ transa tion in whi h one &erson.s gain results in another.s loss is unlawful+ while an$ transa tion whi h is fair and benefi ial to all the &arties on erned and whi h is transa ted b$ mutual onsent is lawfulA ou who belie!e, "o not consume our propert among oursel!es wrongfull , but let there be tra"e b mutual consent, an" "o not kill oursel!es; in"ee", Allah is e!er merciful to ou. An" whoe!er "oes so in enmit an" injustice, we shall cast him into the 7ire; an" that is eas for Allah. :813F-5E; This /erse la$s down two onditions for a transa tion1 first+ that the transa tion should be with the mutual onsent of the two &artiesB se ond+ that the benefit to one &art$ should not be a loss to the otherA In e(&laining the meaning of >"o not kill $oursel/es+> s holars gi/e two inter&retations+ both of whi h are generall$ a&&li able hereA The first is+ >"o not kill ea h other+> and the se ond is+ >do not kill $oursel/es b$ $our own handsA> In either ase+ a &erson who makes someone else suffer for his own benefit is+ in effe t+ shedding his blood and o&ening the door for others to do the same to him+ thus leading to his own e/entual ruinA Theft+ briber$+ gambling+ heating+ fraud+ misre&resentation+ and interest+ although some of these ma$ arried out b$ mutual onsent+ do not satisf$ the se ond ondition im&lied in the sa$ing of AlTa.ala+ >And do not kill $oursel/esA.. :See Abul .Ala Maududi.s book+ Asas al-l-tisad :E onomi
Prin i&les;+ &A9<3A;

Cha1#e" /; The Ha a A(. The Ha"a% I( Ma""ia)e A(. Fa%i ' Li!e
The Ph'sica A11e#i#es
Allah #ubhanahu "a Ta7ala created man as His 'icegerent on earth in order that he might populate and rule it1 ?b'iously this purpose cannot be reali5ed unless the human species perpetuates itself& li'ing& thri'ing& culti'ating& manufacturing& building& and "orshipping its Creator1 Accordingly& the Creator has placed certain appetites and impulses in man so that he is impelled to"ard the 'arious acti'ities "hich guarantee the sur'i'al of the species1 Among the appetites "hich an indi'idual must satisfy for his personal sur'i'al is that of food and drin 1 The se,ual appetite& ho"e'er& is for the purpose of the sur'i'al of

the species1 #e, is a strong dri'ing force in the human being "hich demands satisfaction and fulfillment1 Human beings ha'e responded to the demands of the se,ual appetite in three different "ays:

1. ?ne "ay is to satisfy ones se,ual need freely "ith "home'er is a'ailable and
"hene'er one pleases& "ithout any restraints of religion& morality& or custom1 This is the position of the ad'ocates of free se,& for they do not belie'e in any religion1 This philosophy reduces the human being to the status of an animal& and& if practiced uni'ersally& "ould result in the destruction of the family structure and of all society as "e no" it1

2. The second approach is to suppress& and try to annihilate& the se,ual dri'e8
this approach is ad'ocated by ascetic religions and other3"orldly philosophies& approaches "hich lead to"ard monasticism and an escape from the "orld1 #uch ad'ocacy of suppression of a natural appetite& or rather annihilation of its functioning& is contrary to Allah7s plan and purpose& and is in conflict "ith the course of the natural order "hich re/uires the use of this appetite for the continuity of life1

3. The third approach is to regulate the satisfaction of this urge& allo"ing it to

operate "ithin certain limits& neither suppressing nor gi'ing it free rein1 This is the stand of the re'ealed religions& "hich ha'e instituted marriage and ha'e prohibited fornication and adultery1 In particular& Islam duly recogni5es the role of the se,ual dri'e& facilitates its satisfaction through la"ful marriage& and 0ust as it strictly prohibits se, outside of marriage and e'en "hat is conduci'e to it& it also prohibits celibacy and the shunning of "omen1

This is the 0ust and intermediate position1 If marriage "ere not permitted& the se,ual instinct "ould not play its role in the continuation of the human species8 "hile if fornication and adultery "ere not prohibited& the foundation of the family "ould be eroded1 .n/uestionably& it is only in the shade of a stable family that mercy& lo'e& affection& and the capacity to sacrifice for others de'elop in a human being& emotions "ithout "hich a cohesi'e society cannot come into being1 Thus& if there had been no family system& there "ould ha'e been no society through "hich man ind "ould be able to progress to"ard perfection1

The P"$hi&i#i$( $! A11"$achi() ?i(a

It is not surprising that all the re'ealed religions
(According to the $ur%an there has "een onl# one true, authentic faith, Al-)slam. )slam means the attainment of peace through conscientious and loving su"mission to the :ill and Guidance of Allah. This was the mission of all !rophets and Messengers in human histor#. )t is the same fundamental faith which was revealed to Moses, >esus, and Muhammad (peace "e upon them . The original revelations given to Moses and >esus are no longer availa"le in their complete, original and unadulterated form. The $ur%an is the onl# divine revelation which was meticulousl# preserved in it%s complete, original, and unadulterated form. As such, it is to "e used as the criterion to ?udge the authenticit# of the present forms of previous revelations.

ha'e prohibited fornication and adultery 95ina< and ha'e fought against these crimes against society1 Islam& the last of the di'inely re'ealed religions& is 'ery strict in prohibiting Dina+ for it leads to confusion of lineage& child abuse& the brea ing3up of families& bitterness in relationships& the spread of 'eneral diseases& and a general la,ity in morals8 moreo'er& it opens the door to a flood of lusts and self3gratifications1 Assuredly& the command of Allah Ta7ala& And do not come near !ina$ indeed, it is an abomination and an evil way, 91::;-<& is 0ust and true1

As "e no"& "hen Islam prohibits something& it closes all the a'enues of approach to it1 This is achie'ed by prohibiting e'ery step and e'ery means leading to the haramA Accordingly& "hate'er e,cites passions& opens "ays for illicit se,ual relations bet"een a man and a "oman& and promotes indecency and obscenity& is haramA

@h- ,ah
Islam prohibits khulwah
or even for intercourse. (!rivac# or khul)ah denotes a man and woman%s "eing alone together in a place in which there is no fear of intrusion "# an#one else, so that an opportunit# exists for sexual intimac# such as touching, kissing, em"racing

bet"een a man and a "oman "ho are outside the degree of a mahrem relationship1 (Mahrem denotes a relationship either "# marriage or "# close "lood ties of such degree that
discussion, all other relationships will "e referred to as &non-mahrem.& (Trans.

marriage is permanentl# prohi"ited. :ith reference to a woman, a mahrem is either her hus"and or an# male relative with whom marriage is permanentl# for"idden, such as her father, grandfather, son, "rother, uncle or nephew. 4or the purposes of this

The reason for this is not a lac of trust in one or both of them8 it is rather to protect them from 3"rong thoughts and se,ual feelings "hich naturally arise "ithin a man and a "oman "hen they are alone together "ithout the fear of intrusion by a third person1 The Prophet 9peace be on him< said: *hoever believes in Allah and the 'ast )ay must never be in privacy with woman without there being a mahrem (of hers) with her, for otherwise ,atan will be the third person (with them)1 (5eported "# Ahmad on the authorit# of %Amir i"n 5a"i%ah. Allah Ta7ala tells the Companions of the Prophet 9peace be on him<& ...And when you as" them (the 7rophet#s wives) for anything, as" them from behind a curtain$ that is purer for your hearts and for their hearts.... 9;;:;A< In an e,planation of this 'erse& Imam al34urtabi says& 6This means such thoughts as occur to men regarding "omen and to "omen regarding men1 This "ill remo'e any possibility of suspicion and accusation& and "ill protect 9their< honor1 This command implies that no one should trust himself to be in pri'acy "ith a non3mahrem "oman8 the a'oidance of such situations is better for one7s purity of heart& strength of soul& and perfection of chastity16 9Tafsir of al34urtabi& 'ol1 1D& p1 --B1< The Prophet 9peace be on him< particularly "arned "omen concerning khulwah "ith male3in3la"s such as the husband7s brother or cousin& since people are /uite negligent in this regard& sometimes "ith disastrous conse/uences1 It is ob'ious that a relati'e has easier access than a stranger to a "oman7s /uarters& something concerning "hich no one "ould /uestion him1 The same is true of the "ife7s non3 mahrem relati'es& and it is prohibited for any of them to be in khulwah "ith her1 The Prophet 9peace be on him< said: #+eware of entering where women are.# A man from the Ansar as"ed, #1 essenger of Allah, what about the in-law?# &e replied, #The in-law (Al-<awawi
explains, &The in-law here means a relative of the hus"and other than his father and sons (who are mahrem to his wife , such as his "rother, nephew, and cousins, etc., with whom marriage would "e permissi"le for her, if she were to "e divorced or widowed.& Al-Ma2ari is of the opinion that it includes the hus"and%s father as well. 'ee (ath al-%ari, vol. ++, p. .//. is death.#(5eported "# al-6ukhari and Muslim.

He meant that there are inherent dangers and e'en destruction in such pri'acy: religion is destroyed if they commit sin8 the "ife is ruined if her husband di'orces her out of 0ealousy8 and social relationships are torn apart if relati'es become suspicious of each other1

The danger lies not merely in the possibility of se,ual temptation1 Itis e'en greater in relation to the possibility gossip about "hat is pri'ate and personal bet"een the husband and "ife by those "ho cannot eep secrets to themsel'es and relish tal ing about others8 such tal has ruined many a marriage and destroyed many a home1 In

e,plaining the meaning of 6The in3la" is death&6 Ibn al3Atheer says& 6It is an Arabic figure of speech li e& 7The lion is death7 or 7The ing is fire&7 "hich means that meeting a lion is similar to facing death and a confrontation "ith a ing is li e being in the fire1 Thus pri'acy bet"een an in3la" and a "oman is far more dangerous than in the case of a stranger because he might persuade her to do things against her husband7s "ishes& such as as ing him for things he cannot afford& nagging him& and the li e16

L$$+i() Wi#h Desi"e a# #he O11$si#e Se:

%hat Islam prohibits in the sphere of se, includes loo ing at a member of the opposite se, "ith desire8 for the eye is the ey to the feelings& and the loo is a messenger of desire& carrying the message of fornication or adultery1 A poet of ancient times has said& -All affairs begin with the sight$ The raging fire a spar" can ignite,"hile a contemporary poet declares& +A loo&, then a smile, then a nod of the head, !hen a tal&, then a promise, then the warmth of a bed%+ This is "hy Allah #ubhanahu "a Ta7ala has commanded the belie'ing men and the belie'ing "omen ali e to lo"er their ga5e together "ith His command to guard their se,ual parts: Tell the believing men that they should lower their ga!es and guard their se%ual organs$ that is purer for them. Indeed, Allah is well-ac.uainted with what they do. And tell the believing women that they should lower their ga!es and guard their se%ual organs, and not display their adornment, e%cept that which is apparent of it$ and that they should draw their head-coverings over their bosoms, and not display their adornment e%cept to their husbands or their fathers or their husbands# fathers, or their sons or their husbands# sons, or their brothers or their brothers# sons or their sisters# sons, or their women, or those whom their right hands possess, or male servants who lac" se%ual desire, or children who are not aware of women#s na"edness$ and that they should not stri"e their feet in order to ma"e "nown what they hide of their adornment.... 9-D:;@3;1< #e'eral di'ine in0unctions are contained in these t"o 'erses1 T"o of them pertain to both men and "omen& namely& the lo"ering of the ga5e and the guarding of the se,ual organs& "hile the rest are addressed e,clusi'ely to "omen1 A difference is to be noted here bet"een the e,pressions& 6lo"er their ga5es6 and 6guard their se,ual organs&6 signifying that "hile the se,ual organs must be totally guarded "ithout any lee"ay& the lo"ering of the ga5e is only partial& because necessity and the general interest of the people re/uire that some loo ing at members of the opposite se, be allo"ed1 6!o"ering the ga5es6 does not mean that in the presence of the ?pposite se, the eyes should be shut or that the head should be bo"ed to"ard the ground& since this "ould be impossible8 in another place the 4ur7an says& -'ower thy voice- 9;1:1E<& "hich does not mean sealing the lips1 Here 6lo"ering of the ga5es6 means to a'ert one7s ga5e from the faces of the passers3by and not to caress the attracti'e features of the members of the opposite se, "ith one7s eyes1 The Prophet 9peace be on him< told 7All ibn Abu Talib& -Ali, do not let a second loo" follow the first. The first loo" is allowed to you but not the second.##(5eported "# Ahmad, A"u ;aoud, and al-Tirmidhi.

The Prophet 9peace be on him< considered hungry and lustful loo s at a person of the opposite se, as 6the Dina of the eye&6 according to his saying& -The eyes also commit :ina, and their :ina is the lustful loo".- (5eported "# al-6ukhari and others. He termed the lustful loo Dina because it gi'es se,ual pleasure and gratification in an unla"ful "ay1 This is also "hat =esus 9peace be on him< is reported to ha'e said in the )ospel of Matthe": 2ou ha'e heard that it "as said& 72ou shall not commit adultery71 But I say to you that e'eryone "ho so much as loo s at "oman "ith e'il desire for her has already committed adultery "ith her in his heart1 9Matt1 A:-:-B< Indeed& such hungry and lustful loo s are not merely a danger to chastity but they also result in agitation of the mind and disturbed thoughts1 The poet says& )f you let your loo&s go a-wandering, 8any charming sights will ma&e your heart pine% !he one you see cannot belong to you altogether, Bor will your heart remain content with the little you saw%

The P"$hi&i#i$( $! L$$+i() a# #he 'A,"ah $! O#he"s

!oo ing at the .awrah
(A)rah (lit., that which is to he hidden denotes those parts of the "od# which )slam re@uires to

of another person must be a'oided1 The Prophet 9peace be on him< forbade that any person should loo at the .awrah of another& "hether of the same or the opposite se,& and "hether "ith or "ithout desire& saying& A man should not loo" at the 'awrah of another man, nor a woman of a woman, nor should a man go under one cloth with another man, nor a woman with another woman. 9Reported by Muslim& Abu $aoud& and al3Tirmidhi1 #cholars ha'e inferred from this that t"o
"e covered in front of others whether of the same or the opposite sex. (Trans. men& or t"o "omen& should not lie under the same co'ering so that parts of their bodies touch<

The .awrah of a man referred to in this hadith is from his na'el to his nee& although some scholars& such as Ibn Ha5m and some Mali i 0urists& do not include the nee1 %ith respect to a man "ho is not her mahrem+ a "oman7s .awrah is her entire body e,cepting only her face and hands& "hile "ith respect to a mahrem such as her father or brother it is different1 This "e "ill discuss later1 %hat it is haram to loo at is also of course haram to touch "ith the hands or "ith any other parts of the body1 %hat "e ha'e said concerning the prohibition of loo ing at or touching the parts of the body "hich must be co'ered becomes 'oid in case of need or necessity such as first aid or medical treatment1 At the same time& "hat "e ha'e said about the permissibility of loo ing becomes 'oid in case of lust& as the "ays leading to sin must be bloc ed1

Wha# Ma' Be See( $! #he Ma( $" W$%a(

It is clear from the abo'e discussion that a "oman may loo at a man7s body& apart from his .awrah+ "hich is from the na'el to the nee& pro'ided that her loo ing is free of lust and that no temptation is feared1 The Prophet 9peace on him< let 7Aishah "atch the Abyssinians "hile they "ere engaging in spear play in the t courtyard of

the Prophet7s mos/ue8 she "atched their performance until she had enough and retired1 9Reported by al3Bu hari and Muslim1< #imilarly& a man is permitted to loo at a "oman7s face and hands& since they are not part of her .awrah+ pro'ided that the loo ing is "ithout lust and that no temptation is feared1 7Aishah narrated that her sister Asma once came to the Prophet 9peace be on him< clad in transparent clothes "hich re'ealed her body1 The Prophet 9peace be on him< a'erted his ga5e and told her& #Asma, when a woman begins to menstruate, nothing should be seen of her e%cept this and this,# and he pointed to his face and hands. (5eported "#
A"u

This hadith is classified as "ea & but there are other sound ahadith "hich support the thesis that only the face and hands may be seen if they can be 'ie"ed "ithout temptation1 In summary& the innocent loo at "hat is other than the .awrah of a man or a "oman is permissible as long as it does not become an intent loo or is repeated "ith perhaps a taint of pleasure and lust1 It is the reasonableness of the Islamic Shari.ah that a glance "hich accidentally falls on something "hich it is not permissible to see is forgi'en1 =arir ibn 7Abdullah narrated& 6I as ed the Messenger of Allah 9peace be on him< about the une,pected glance1 He replied& #Avert your eyes,# meaning& do not loo bac deliberately16 9Reported by Ahmad& Abu $aoud& Muslim& and al3Tirmidhi1<

;aoud.

The Dis1 a' $! W$%e('s A.$"(%e(#; Wha# Is a(. Wha# Is N$#

Thus far "e ha'e discussed the sub0ect of the lo"ering of the ga5e& "hich is commanded for both menand "omen in the t"o 'erses cited1 These 'erses also contain other di'ine instructions1 #ays Allah #ubhanahu "a Ta7ala: That they should...not display their adornment, e%cept that which is apparent of it. 9-D:;1< The adornment of "omen includes both natural features such as the face& hair& and other attracti'e parts of the body& and artificial enhancement of beauty& such as the dress& ornaments& ma e3up& and the li e1 In this noble a$ah Allah Ta7ala commands "omen not to sho" their adornment 6e,cept that "hich is apparent of it16 There is some difference of opinion among scholars concerning the e,tent of this e,ception1 $oes it mean "hat is e,posed by necessity and "ithout intention& for e,ample& if the "ind e,poses some part> ?r does it mean "hat is customarily& or instincti'ely& or by its 'ery nature e,posed> The ma0ority of the early Muslim 0urists accept the latter meaning1 Ibn 7Abbas interprets 6e,cept "hat is apparent of it6 to mean kohl and a ring& and Anas has said something similar8 the permissibility of sho"ing the face and hands is implicit in the permissibility of sho"ing kohl and a ring1 #a7id ibn =ubayr& 7Ata and al3A"5ai ha'e stated e,plicitly that the sho"ing of the face and hands is permissible1 7Aishah& 4atadah& and others ha'e added bracelets to "hat may be sho"n of the adornments8 this interpretation implies that a part of the arm may also be sho"n1 Iarious scholars ha'e allo"ed the e,posure of the lo"er part of the arm up to a length 'arying bet"een about four inches to one3half of the arm1

?n the other hand& others such as 7Abdullah ibn Mas7ud& ha'e restricted the application of 6"hat is apparent6 to "hat necessarily appears& such as the outer garment :aba$a+ 6ilbab+ haddor+ bur-a+ and the li e<1 My o"n preference lies "ith that group of the Companions and their immediate follo"ers (This is the preferred opinion of alTa"ari, al-$urta"i, al-Aamakhshari, al-5a2i, and others from among the interpreters of the $ur%an, one ma# refer to their

"ho include the face& the hands& and their ordinary adornments& such as kohl and a ring in the application of the 4ur7anic phrase& 6e,cept that "hich is apparent of it16
explanations of this verse of Surah al-/u"

This permissibility& ho"e'er& e,cludes such cosmetics "hich "omen today use for their chee s& lips and nails1 %e consider these cosmetics to be e,cessi'e& and they must not be used e,cept "ithin a "oman7s o"n home "hen non3mahrem men are present1 The aim of "omen in using these cosmetics "hen going out of the house is ob'iously to attract the attention of men& "hich is haram1 At the same time& ho"e'er& the interpretation of 6"hat is apparent6 as being the outer garment or co'ering is not acceptable& for this is not something "hich can possibly be concealed so that an e,emption must be made8 similarly& "hat the "ind blo"s cannot be controlled& "hether an e,emption is made or not1 %hat stri es the mind is that the purpose of the e,emption "as to pro'ide some concession for the belie'ing "oman by permitting her to sho" something "hich it is possible to conceal1 Reason "ould indicate that it is the face and hands "hich are e,empted from co'ering1 Assuredly a "oman is permitted to sho" her face and hands because co'ering them "ould be a hardship on her& especially if she must go out on some la"ful business1 (or e,ample& a "ido" may ha'e to "or to support her children& or a "oman "ho is not "ell3off may ha'e to help her husband in his "or 8 had co'ering the face and hands been made obligatory& it "ould ha'e occasioned such "omen hardship and distress1 Al34urtabi says& It seems probable that& since the face and hands are customarily unco'ered& and it is& moreo'er& re/uired that they be unco'ered during acts of "orship such as salat and ha00& the e,emption 9referred to in the 'erses of #urah al-,ur; pertains to them1 This conclusion is supported by "hat Abu $aoud has transmitted on the authority of 7Aishah1 #he said that 7Asma& the daughter of Abu Ba r& once came to the Prophet 9peace be on him< "earing transparent clothes1 The Prophet 9peace be on him< turned his face a"ay from her and told her& 7Asma& "hen a "oman begins to menstruate& nothing should be seen of her e,cept this and this&7 and he pointed to his face and hands1 In addition to this& "e may infer from Allah7s "ords& 6Tell the belie'ing men that they should lo"er their ga5es&6 that the faces of the "omen of the Prophet7s time "ere not 'eiled1 Had the entire body including the face been co'ered& it "ould ha'e made no sense to command them to lo"er their ga5e& since there "ould ha'e been nothing to be seen1 In spite of all this& ho"e'er& because of the "idespread immorality and la,ity in obeying the Islamic in0unctions in our time& the best thing for the Muslim "oman is to conceal all her adornments including her face if she can1 ?b'iously& more caution in this regard is necessary for a "oman "ho is beautiful1 Allah Ta7ala also says& ...That they should draw their head-coverings over their bosoms.... 9-D:;1< It is obligatory for the Muslim "oman to co'er her head& breasts& and nec

completely so that nothing of them can be seen by onloo ers1 In addition& Allah Ta7ala says& ...And not display their adornment e%cept to their husbands or their fathers.... 9-D:;1< This in0unction prohibits "omen to sho" their concealed adornments& such as the ears& hair& nec & breasts& or an les& to men "ho are outside the mahrem relationship& before "hom they are permitted to e,pose only the face and hands 9of 6that "hich is apparent6<1 T"el'e categories of persons are e,empted from this prohibition:

1. 6Their husbands:6 The husband and "ife can see "hate'er they please of each
other1 A hadith states +Auard your na&edness (*awrah) e$cept in front of your wife%+

2. 6Their fathers&6 including the grandfathers from both mother7s and father7s
sides as "ell1

3. 6Their husbands7 fathers&6 for these are regarded as fathers to "omen1 4. 6Their sons&6 as li e"ise the grandsons from both sons and daughters1 5. 6Their husbands7 sons 9stepsons<&6 a necessity for normal interaction& since
the "oman brothers&6 is regarded including half as 3 their and mother1 step3brothers1

6. 6Their
man

7. 6Their brothers7 sons&6 since marriage is permanently prohibited bet"een a

and his paternal

aunt1

8. 6Their sisters7 sons&6 since marriage is permanently prohibited bet"een a man

and his maternal

aunt1

9. 6Their "omen&6 Meaning female relati'es and sisters3in3faith& that is& other
Muslim "omen1 As for non3Muslim "omen& they are not allo"ed to see the Muslim "oman7s adornments other than "hat is allo"ed for non3mahrem men& and the correctness of this opinion is 'erified1

10. 6Those "hom their right hands possess&6 refers to bondser'ants& because in
Islam they are considered as members of the family1 #ome scholars restrict this permission to female bond3ser'ants only1

11. 6Male ser'ants "ho lac se,ual desire&6 refers to hired hands or household
ser'ants "ho& because of some physical or mental condition& are de'oid of se,ual desire1 This is applicable only under the follo"ing t"o conditions: that they are the ser'ants of those into "hose houses they are gi'en entry and that they lac se,ual desire1

12. 6Children "ho are not a"are of "omen7s na edness16 These are small children

"hose consciousness of se, is not yet de'eloped1 But if e'idence of the se,ual urge is noted among them& a "oman should treat them li e non3mahrem men e'en though they may not ha'e reached puberty1 This 'erse does not mention maternal and paternal uncles because they customarily occupy the same status as the father1 A hadith states& -The man#s uncle is li"e his father.- 9Reported by Muslim1<

W$%e('s 'A,"ah
%hate'er of the "oman7s body is not allo"ed to be sho"n constitutes her 7a"rah1 It must be co'ered& for e,posing it is haramA Conse/uently& "ith respect to non3mahrem men and non3Muslim "omen& a "oman7s 7a"rah is her entire body "ith the e,ception of her face and hands& accordingto the interpretation "e ha'e preferred1 %e agree "ith al3Ra5i7s argument that Islam has permitted her to e,pose those parts of the body& the face and hands& "hich need to be e,posed in order to carry out daily busiand for gi'ing and ta ing8 it has commanded her to co'er "hat it is not necessary to e,pose& and has forgi'en her accidental& inad'ertent e,posures or such e,posures as are re/uired by necessity1 All this is in accordance "ith the fle,ibility of Islam1 #ays al3Ra5i& 6#ince the sho"ing of the face and hands is necessary& the 0urists had no choice but to agree that they are not .awrah+ and since the sho"ing of the feet is not necessary& they ha'e differed concerning "hether or not they are .awrahA.. (Tafsir 'a)rah.'' (Tafsir of 4akhr al-;een al-5a2i, vol. *0, pp.
*0--*0B.

%ith respect to the abo'e3mentioned t"el'e categories of mahrem relati'es& a "oman is permitted to e,pose her hair& ears& nec & upper part of the chest& arms& and legs1 ?ther parts of her body& such as the bac & abdomen& thighs and t"o pri'ate parts& are not to be e,posed before anyone& man or "oman& e,cepting her husband1 The abo'e interpretation of the a$ah is closer to its intent than that of some other scholars "ho say that& "ith respect to her muharramah (!lural of mahrem. (Trans. and other Muslim "omen& the "oman7s .awrah is the area bet"een her na'el and nee1 Rather& the intent of the a$ah seems to support the opinion of some scholars "ho say that "ith respect to her muharramah the "oman7s .awrah is that part "hich is not e,posed "hile she is doing her house"or 8 that is& "hate'er is e,posed during the course of her daily chores may be seen by men "ho are her muharramahA That is "hy Allah #ubhanahu "a Ta7ala commands the belie'ing "omen to co'er themsel'es "ith a loose o'er3garment "hene'er they go out& for in this "ay they may be distinguished from non3belie'ing and loose "omen1 Allah Ta7ala commanded His Prophet 9peace be on him< to con'ey to the "hole ummah of Islam this di'ine message: 1 7rophet2 Tell thy wives and daughters and the believing women that they should put on their outer garments (jalabeebihinna); (That is, )he"e er they are outside the home or i"side it )he" "o"-mahrem me" are prese"t. (Tra"s.)) that is most con!enient in or"er that the ma be recogni:e" (as 3uslims) an" not be moleste".... :551<F; "uring the &eriod of 6ahili$$ah some women used to go out with the attra ti/e &arts of their bodies+ su h as the ne k+ u&&er &art of the breast and hair+ e(&osed+ and the

loafers and le hers would follow them aboutA A ordingl$+ this noble a$ah ame down+ ommanding the belie/ing woman to o/er herself with her garment so that no &ro/o ati/e &art of her bod$ would be /isible+ be ause her a&&earan e would make it lear to e/er$one that she is a haste+ belie/ing woman+ no le her or h$&o rite would dare to molest herA It is lear from this /erse that the reason for this in6un tion is not the fear of women.s misbeha/ior or mistrust of them+ as some &eo&le laim+ but the danger to them from le herous and e/il menB for the woman who de ks herself out+ walks sedu ti/el$+ or talks in/itingl$ alwa$s attra ts men who lust after herA This /erifies the Cur.ani /erse+ ...Then "o not be too pleasant of speech, lest one in whose heart there is a "isease shoul" feel "esire (for ou).... :55153; A ordingl$+ Islam insists that the Muslim woman o/er+ and so &rote t herselfB no on ession is made in this e( e&t to redu e it somewhat for old womenA Sa$s Allah Ta.ala1 An" the el"erl among women who are past (the prospect) of marriage 4there is no blame on them if the la asi"e their (outer) garments without "ispla ing their a"ornment; but it is better for them to be mo"est. An" Allah is $earing, >nowing. :381=E; B$ >the elderl$ among women> is meant su h &ost-meno&ausal women as ha/e no desire for marriage or se(+ and to whom men are not attra tedA Allah has made this on ession for them so that the$ an &ut aside their o/ering garments+ su h as the haddor+ aba$a+ bur-a+ 6ilbab+ and the likeA Howe/er+ the Cur.an makes the ondition that this should not be for the &ur&ose of dis&la$ing theK adornment but onl$ for ease and omfortA "es&ite this on ession+ it is &referable and better for them to be more &erfe t in their dignit$ and far remo/ed from an$ sus&i ion1 #but it is better for them to be mo"est.# :381=E;

C$(ce"(i() W$%e( G$i() #$ P-& ic Ba#hs

In consideration of Islam7s concern for "omen7s .awrah and its proper co'ering& the Prophet 9peace be on him< "arned the Muslim "oman against entering public baths and disrobing in front of other "omen& "ho might subse/uently ma e her physical characteristics a topic of their gossip and 'ulgar comments1 #imilarly& the Prophet 9peace be on him< "arned the Muslim man against entering public baths "ithout a "aist "rapper1 =abir narrated that the Messenger of Allah 9peace be on him< said& *hoever believes in Allah and the 'ast )ay must not enter the public bath without a lower garment (to cover his private parts), and whoever believes in Allah and the 'ast )ay must not let his wife go to the public bath. (Al-Mondhari in Al-Tar,heeb sa#s
that this was reported "# al-<isai and "# al-Tirmidhi, who classified it as &good.&, Al-8akim reported it and called it &sound.&

And 7Aishah said& At first the essenger of Allah (peace be on him) prohibited people from going to public baths, but later allowed men to enter them wearing a lower garment. 9The
"ording is from the report of Abu $aoud8 also reported by al3Tirmidhi and Ibn Ma0ah1<

+,ception to this prohibition is made for the "oman "ho suffers from some illness for "hich "arm baths are beneficial and for "omen follo"ing childbirth1 7Abdullah ibn 7Amr narrated that the Prophet 9peace be on him< said concerning public baths that en must not enter them without a lower garment. 7revent women from entering them e%cept when sic" or after childbirth. (5eported "# )"n Ma?ah and A"u ;aoud. Cne of the transmitters is A"dur5ahman Ai#adah i"n %An%am al-)fri@i.

There is some "ea ness in the transmission of this hadith+ but it is supported by the rules of the Shari.ah "hich ma es concessions in "orship and other obligations for a sic person& and by the "ell3 no"n principle that "hat is prohibited as a precaution becomes permissible in the case of need or benefit1 It is also supported by a hadith reported by al3Ha im on the authority of 7Abdullah ibn 7Abbas& "ho narrated that the Prophet 9peace be on him< said& #+eware of a building called the 7ublic +ath.# ,ome people said, #1 essenger of Allah, it certainly removes dirt and benefits the sic".# &e then said, #Then whoever enters should cover his na"edness.# 9Reported by al3Ha im& "ho classifies it as
6sound16<

If a "oman enters a public bath "ithout a 'alid reason or need& she has committed a haram act and deser'es the censure of the Prophet 9peace be on him<1 Abul Malih al3 Hadhali reported that some "omen from Homs or $amascus came to 'isit 7Aishah and she said& 6Are you from a place "here "omen go to the public baths> I heard the Messenger of Allah 9peace be on him< saying& A woman who removes her clothes (i.e., goes na"ed) outside her husband#s house tears down the veil (hijab) between herself and her 'ord.## (5eported with this wording by al-TirmidhiD also reported "# A"u ;aoud, )"n Ma?ah, and al-8akim, who classified it
as

And .mm #almah narrated that the Prophet 9peace be on him< said& +)f any woman ta&es off her clothes outside her own house, Allah will tear His covering from her%+ %hen Islam ta es such a strict 'ie" of "omen7s entering public baths "hich are& after all& buildings "ith four "alls in "hich only "omen are allo"ed& imagine its 0udgement concerning the nearly3nude "omen lying about on beaches and the s"imming pools& e,posing their na edness to the hungry and lustful eyes of e'ery passer3by "ithout any sense of shame1 Assuredly they ha'e torn do"n e'ery 'eil bet"een themsel'es and their most Merciful !ord1 And their men are partners in their sin& since they are responsible protectors of their "omen1 If only they ne"G

&sound&

(al-tar,heeb).

The P"$hi&i#i$( $! #he Dis1 a' $! W$%e('s A##"ac#i$(s

The morals and manners of the Muslim "oman are /uite different from those of non3 Muslim "omen and the "omen of the time of 6ahili$$ahA The Muslim "oman is chaste& dignified& self3respecting& and modest& "hile the "oman "ho is ignorant of thedi'ine guidance may be 'ain& sho"y and an,ious to display her attractions1 #uch display includes e,posing the attracti'e parts of the body& "al ing or tal ing in a seducti'e manner& displaying her ornament6& "earing re'ealing and se,y clothes& and the li e1 The 'ariety of "ays in "hich "omen display their attractions is no secret to people& ancient or modern1 In commenting on the 'erse concerning the "omen of the Prophet7s household& And be in your houses, and do not ma"e a display of yourselves in the manner of display of (ahiliyyah....& 9;;:;;< Mu0ahid remar s& 6%omen used to "al about among men 4atadah says& 7They used to "al in a seducti'e and sensuous manner87 "hile Ma/atil says& 7The displaying of attractions means putting a cloth on the head "ithout tying it& and toying "ith the nec lace& earrings& and other ornaments in a pro'ocati'e fashion167 The "ays in "hich "omen displayed themsel'es during the period of pre3Islamic

6ahili$$ah included mingling freely "ith men& "al ing seducti'ely& and "earing a head3co'ering in a manner "hich e,posed the ornaments and beauties of the head and nec 1 But during the present period of ignorance of the di'ine guidance the display of feminine attractions has gone to such 'ulgar e,tremes that the "omen of the pre3Islamic era appear in contrast to be models of chastity and dignityG

H$, a M-s i% W$%a( Sh$- . C$(.-c# He"se !

The correct Islamic beha'ior re/uired of Muslim "omen "hich eeps them from "antonly displaying their attractions is characteri5ed by the follo"ing:

A. !o"ering the ga5e: Indeed& the most precious ornament of a "oman is

modesty& and the best e,pression of modesty is in the lo"ering of the ga5e& as Allah #ubhanahu "a Ta7ala says& ...And tell the believing women that they should lower their ga!es.... 9-D:;1<

B. *ot intermingling "ith men in such "ay that their bodies come in contact or
that men touch "omen& as happens so often today in mo'ie 6heaters& uni'ersity classrooms& auditoriums& buses& streetcars& and the li e1 Ma7/al ibn 2asar narrated that the Messenger of Allah 9peace be on him< said& It is better for one of you to be pric"ed in the head with an iron pic" than to touch a woman whom it is unlawful to touch 9Al3Mondhari says& 6It 9this hadith; is reported by al3Tabarani and
al3Bayha/i& and al3Tabarani7s transmitters are authentic and sound1<

C. Her clothing must conform to the standards laid do"n by the Islamic Shari.ah+
"hich are as

follo"s:

1. Her dress must co'er her entire body "ith the e,ception of 6that "hich

is apparent&6 "hich& according to the most preferable interpretation& refers to the face and hands1

2. It must not be transparent& re'ealing "hat is underneath it1 The

Prophet 9peace be on him< has informed us that& Among the dwellers of hell are such women as are clothed yet na"ed, seduced and being seduced. These shall not enter the :arden, nor shall (even) its fragrance reach them. Here the meaning of 6clothed yet na ed6 is that their light& thin& transparent garments do not conceal "hat is underneath1 ?nce some "omen of Bani Tamim& "ho "ere clad in transparent clothes& came to see 7Aishah& and she remar ed& -If you are +elievers, these are not the clothes which befit believing women.- ?n another occasion& "hen a bride "earing a sheer and transparent head3co'ering "as brought into her presence& she commented& 6A "oman "ho dresses li e this does not belie'e in Surah al-,urA> 9Surah -D& "hich together "ith Surah 55 :al-AhDab; contains
many in0unctions concerning purity and propriety& man3"oman relations& and dress1 9Trans1<<

3. Her dress must not be too tight so as to define the parts of her body&

especially its cur'es& e'en though it may not be transparent1 This describes many of the styles of clothing current in the sensuous& materialistic ci'ili5ation of the %estern "orld& "hose fashion designers compete "ith one another in de'ising clothing for "omen "hich

tantali5ingly emphasi5es the bustline& "aist& and hips& etc1& in order to elicit the lustful admiration of men1 %omen "ho "ear such clothes li e"ise fall under the definition of 6clothed yet na ed&6 since such a dress is often more pro'ocati'e than one "hich is transparent1

4. #he must not "ear clothes "hich are specifically for men& such as
trousers in our time1 The Prophet 9peace be on him< cursed "omen "ho try to resemble men and men "ho resemble "omen& and prohibited "omen from "earing men7s clothing and 'ice3'ersa1

5. In her choice of clothing she should not imitate non3Muslims& "hether

they are =e"s& Christians& or pagans& for Islam disappro'es of conformity to non3Islamic modes and desires its follo"ers to de'elop their o"n distincti'e characteristics in appearance& as "ell as in beliefs and attitudes1 This is "hy Muslims ha'e been as ed to be different from non3Muslims in many aspects& and "hy the Prophet 9peace be on him< has said& +Whoever imitates a people is one of them%+

D. The Muslim "oman "al s and tal s in a dignified and business3li e manner&

a'oiding flirtatiousness in her facial e,pressions and mo'ements1 (lirting and seducti'e beha'ior are characteristics of "rong3minded "omen& not of Muslims1 Allah Ta7ala says: ...Then do not be too pleasant of speech, lest one in whose heart there is a disease should feel desire (for you).... 9;;:;-<

E. #he does not dra" men7s attention to her concealed adornment by the use of
perfume or by 0ingling or toying "ith her ornaments or other such things1 Allah says: They should not stri"e their feet in order to ma"e "nown what they hide of their adornment.... 9-D:;1< The "omen of the time of 6ahili$$ah used to stamp their feet "hen they passed by men so that the 0ingling of their an le3bracelets might be heard1 The 4ur7an forbade this& both because it might tempt a lecherous man to pursue her and also because it demonstrates the e'il intention of the "oman in attempting to dra" the attention of men to herself1 #imilar is the Islamic ruling concerning the use of fragrant perfumes& since here again the intention is to attract men by e,citing their desire1 A hadith states& The woman who perfumes herself and passes through a gathering is an adulteress.
9Al3Mondhari says& 6This is reported by Abu $aoud and al3Tirmidhi& "ho classifies it as sound and good16 It has also been reported by al3*isai& Ibn Fha5imah& and Ibn Hibban in the follo"ing "ords: 6Any "oman "ho perfumes herself and passes by a group of people so that her scent reaches them is an adulteress16 Al3Ha im also reported this and said& 6It has sound transmitters16<

(rom all this "e no" that Islam does not re/uire& as some people claim& that a "oman should remain confined to her house until death ta es her out to her gra'e1 ?n the contrary& she may go out for salat+ for her studies& and for her other la"ful needs& both religious and secular& as "as customary among the "omen of the families of the Companions and the "omen of later generations1 Moreo'er& this early period of Islam is considered by all Muslims to be the best and most e,emplary period in the history of Islam1 Among the "omen of this time "ere those "ho too part in battles in the company of the Prophet himself 9peace be on him<& and after that under the caliphs and their commanders1 The Messenger of Allah 9peace be on him< told his "ife #audah& -Allah has permitted you to go out for your needs.- (5eported "#
al-6ukhari in his "ook Marria,e in the chapter entitled &:omen Ma# Go Cut 4or Their <eeds,& on the authorit# of %Aishah.

He also said& -If someone#s wife as"s his permission to go to the mos.ue, he should not

deny it to her.(5eported "# al-6ukhari, on the authorit# of %1mar. ?n another occasion he said& -)o not prevent the bond-maids of Allah from (going to) Allah#s mos.ues.- 9Reported by Muslim1< #ome 'ery strict scholars are of the opinion that a "oman is not allo"ed to see any part of a man "is not her mahremA They base their ruling on a hadith reported by al3 Tirmidhi on the authority of *abhan& the sla'e of .mm #almah& that the Prophet 9peace be on him< told .mm #almah and Maymunah& his "i'es& to 'eil themsel'es "hen Ibn .mm Ma tum entered1 6But he is blind&6 they said1 The Prophet 9peace be on him< replied& +<uare you blind, too "o you not see him + Ho"e'er& researchers say that the manner in "hich this hadith has been transmitted renders it unsound1 %hile the narrator here is .mm #almah& the transmitter is her sla'e *abhan& "ho had no concern "ith the incident nor any need to report it1 +'en if the hadith is sound& it simply sho"s that the Prophet 9peace be on him< "as 'ery strict in respect to his "i'es because their e,ceptional status re/uired greater modesty on their part8 Abu $aoud and other great scholars ha'e commented on this e,ceptional position of the "i'es of the Prophet 9peace be on him<1 In any case& the significance of the follo"ing "ell3established and sound hadith remains uncontested: The Prophet 9peace be on him< instructed (atimah bint 4ais to spend the re/uired period of confinement 97iddah< follo"ing the death of her husband at the house of .mm #hari 1 But he later changed his mind& saying& y 3ompanions gather in her house. :o and stay with Ibn ;mm a"tum, since he is a blind man. If you uncover yourself he will not see you. 9Tafsir of al34urtabi& 'ol1 11& p1 --B1<

A W$%a('s Se"5i() Ma e G-es#s

A "oman may ser'e her husband7s guests in his presence as long as she adheres to the Islamic standards in her dress& mo'ements& and speech1 They "ill naturally see her and she "ill see them& and there is no harm in this as long as there is no danger of in'ol'ement on either side1 Al3Bu hari& Muslim& and others ha'e reported #ahl ibn #a7d al3Ansari as saying& Abu ;sayd al-,a#adi invited the 7rophet (peace be on him) and his 3ompanions to his wedding. The food was prepared and served by none other than his wife, ;mm ;sayd. ,he had soa"ed some dates in mil" in a stone pot overnight. *hen the 7rophet (peace be on him) had finished his meal, she mashed the dates and brought the drin" to him. #hai h al3Islam Ibn Ha0ar commented that& 6(rom this hadith "e conclude that a "oman is permitted to ser'e her husband and his male 'isitors& 0ust as the husband is permitted to ser'e his "ife1 It is e'ident that her ser'ing the 'isitors is allo"ed only if there is no fear of temptation and if she is properly dressed8 if the "ife is not properly dressed 9as is the case "ith a ma0ority of "omen in our time< her appearing in front of men is haramA>

Se:-a Pe"5e"si$(; A MaA$" Si(

%e must be a"are that in regulating the se,ual dri'e Islam has prohibited not only

illicit se,ual relations and all "ays "hich lead to them& but also the se,ual de'iation no"n as homose,uality1 This per'erted act is a re'ersal of the natural order& a corruption of man7s se,uality& and a crime against the rights of females1 9The same
applies e/ually in the case of female homose,uality1 9Trans1<<

The spread of this depra'ed practice in a society disrupts its natural life pattern and ma es those "ho practice it sla'es to their lusts& depri'ing them of decent taste& decent morals& and a decent manner of li'ing1 The story of the people of the prophet !ut 9!ot< as narrated in the 4ur7an should be sufficient for us1 !ut7s people "ere addicted to this shameless depra'ity& abandoning natural& pure& la"ful relations "ith "omen in the pursuit of this unnatural& foul and illicit practice1 That is "hy their prophet& !ut 9peace be on him<& told them& *hat2 1f all creatures, do you approach males and leave the spouses whom your 'ord has created for you? Indeed, you are people transgressing (all limits)2 9-C: 1CA31CC< The strangest e,pression of these peoples7 per'ersity of nature& lac of guidance& depra'ity of morals& and aberration of taste "as their attitude to"ard the guests of the prophet !ut 9peace be on him< "ho "ere angels of punishment in human form sent by Allah to try these people and to e,pose their per'ersity1 The 4ur7an narrates the story thus: And when 1ur messengers came to 'ut, he was grieved on their account and did not "now how to protect them. &e said, #This is a day of distress.# And his people, who had long since been practicing abominations, came rushing toward him. &e said, #1 my people, here are my daughters. They are purer for you, so fear Allah and do not disgrace me in front of my guests. Is there not a single upright man among you?# They said, #Thou "nowest well that we have no right to thy daughters, and certainly thou "nowest what we want.# &e said, #If only I had strength to resist you or had some powerful support2# ,aid (the angels) #1 'ut, truly, we are messengers of thy 'ord$ they shall not reach thee....#911:::3B1< The 0urists of Islam ha'e held differing opinions concerning the punishment for this abominable practice1 #hould it be the same as the punishment for fornication& or should both the acti'e and passi'e participants be put to death> %hile such punishments may seem cruel& they ha'e been suggested to maintain the purity of the Islamic society and to eep it clean of per'erted elements1

A R- i() C$(ce"(i() Mas#-"&a#i$(

The pressing need to relie'e himself of se,ual tension may dri'e a young man to masturbation1 The ma0ority of scholars consider it haramA Imam Mali bases his 0udgement on the 'erse& Those who guard their se%ual organs e%cept with their spouses or those whom their right hands possess, for (with regard to them) they are without blame. +ut those who crave something beyond that are transgressors, 9-;:A3:< arguing that the masturbator is one of those "ho 6cra'e something beyond that16 ?n the other hand& it is reported that Imam Ahmad Ibn Hanbal regarded semen as an e,cretion of the body li e other e,crete and permitted its e,pulsion as blood letting is permitted1 Ibn Ha5m holds the same 'ie"1 Ho"e'er& the Hanbali 0urists permit masturbation only under t"o conditions: first& the fear of committing fornication or

adultery& and second& not ha'ing the means to marry1 %e are inclined to accept the opinion of Imam Ahmad in a situation in "hich there is se,ual e,citation and danger of committing the haramA (or e,ample& a young man has gone abroad to study or "or & thereby encountering many temptations "hich he fears he "ill be unable to resist& may resort to this method of relie'ing se,ual tension pro'ided he does not do it e,cessi'ely or ma e it into a habit1 2et better than this is the Prophet7s ad'ice to the Muslim youth "ho is unable to marry& namely& that he see help through fre/uent fasting& for fasting nurtures "ill3 po"er& teaches control of desires& and strengthens the fear of Allah1 The Prophet 9peace be on him< said& 0oung men, those of you who can support a wife should marry, for it "eeps you from loo"ing at women (lit., lowers your ga!e) and preserves your chastity$ but those who cannot should fast, for it is a means of cooling se%ual passion. 9Reported by al3
Bu hari1<

-o Monasticism in Islam
The stand of Islam is+ on the one hand+ against se(ual li enseB onse-uentl$. it &rohibits forni ation and adulter$+ and blo ks all wa$s leading to themA %n the other hand+ Islam is also against su&&ressing the se(ual urgeB a ordingl$+ it alls &eo&le toward marriage+ &rohibiting renun iation and astrationA :'enun iation means remaining
elibate and renoun ing worldl$ a ti/it$ for the sake of de/oting oneself to the worshi& of 2odA Castration denotes su&&ressing se(ua9 desire b$ remo/ing the testi lesA;

As long as he &ossesses the means to marr$+ the Muslim is not &ermitted to refrain from marriage on the grounds that he has dedi ated himself to the ser/i e or the worshi& of Allah and to a life of monasti ism and renun iation of the worldA The Pro&het :&ea e be on him; noted a tenden $ toward monasti ism among some of his Com&anionsA "e laring this to be a de/iation from the straight &ath of Islam and a re6e tion of his sunnah :re ommended &ra ti e;+ he thereb$ rid Islam.s on e&tual framework of su h a Christian notionA Abu Culabah narrated >Some of the Com&anions of the Pro&het :&ea e be on him; de ided to relin-uish the world+ forsake their wi/es+ and be ome like monksA The Pro&het :&ea e be on him; told them with as&erit$+ +eople before ou perishe" because of their asceticism; the ma"e excessi!e "eman"s on themsel!es until Allah brought har"ships on them% ou can still see a few of them remaining in monasteries an" temples. Then worship Allah an" "o not associate an thing with $im, perform the hajj an" the 'umrah, be righteous, an" all affairs will be set right for ou.> :'e&orted b$ .Abdur 'aDDa-+ Ibn Jarir+ and Ibn al-MundhirA; Abu Culabah said the following /erse was re/ealed on erning them1 - ou who belie!e1 .o not make haram the goo" of things which Allah has ma"e halal for ou, an" "o not transgress; in"ee", Allah "oes not like transgressors. :<1FE :GH;; Mu6ahid narrated+ >Some &eo&le+ in luding .*thman ibn MaD.un and .Abdullah ibn .*mar+ intended to renoun e their wi/es+ astrate themsel/es+ and wear oarse lothingA Then the abo/e /erse and the /erse following it were re/ealedA> :'e&orted b$
Ibn Jarir in his TafsirA;

It is re&orted b$ al-Bukhari and others that three &eo&le ame to the Pro&het.s wi/es and asked how the Pro&het :&ea e be on him; ondu ted his worshi&A !hen the$ were told about it+ the$ seemed to onsider it but little+ sa$ing+ >!hat a differen e there is between us and the Messenger of Allah :&ea e be on him;+ whose &ast and future sins ha/e been forgi/en him b$ AllahI> %ne of them said+ >As for me+ I will alwa$s &ra$ during the nightA> The other said+ >I will ha/e nothing to do with women and will ne/er marr$A> !hen the Pro&het :&ea e be on him; heard about this+ he e(&lained to them their error and de/iation from the straight &ath+ sa$ing+ I am the one who fears Allah the most among ou, et I fast an" I break m fast, I pra an" I sleep, an" I marr women. $e who turns awa from m sunnah has nothing to "o with me. S.ad ibn Abi !a--as said+ Allah's 3essenger (peace be on him) objecte" to '9thman ibn 3a:'un li!ing in celibac . If he ha" gi!en him permission (to "o so), we (others) woul" ha!e ha" oursel!es castrate". (Reported by al-%ukhari a"d Muslim.) Addressing the $oung men of all times+ the Pro&het :&ea e be on him; said+ ';oung men, those of ou who can support a wife shoul" marr , for it keeps ou from looking at women an" preser!es our chastit .' (Reported by al-%ukhari.) #rom this statement some s holars ha/e inferred that marriage is obligator$ for the Muslim who is able to su&&ort a wife and that the a/oidan e of it is not &ermissible+ while other s holars add the further ondition for its obligatoriness that he should be afraid of falling into sinA In fa t+ it is not befitting that a Muslim should refrain from marriage out of fear of &o/ert$ or of not being able to meet his obligationsA He should make e/er$ &ossible attem&t to find em&lo$ment+ seeking hel& from Allah+ for He has &romised to hel& those who marr$ in order to &rote t their hastit$ and &urit$A Sa$s Allah Ta.ala1 An" marr those among ou who are single an" the !irtuous ones among our sla!es, male or female. If the are in po!ert , Allah will enrich them out of $is bount .... :38155; And the Messenger of Allah :&ea e be on him; said+ There are three who ha!e a right to the help of Allah% the one who marries out of the "esire to li!e a chaste life, the sla!e whose master has agree" to his bu ing his free"om when he wishes to pa the sum, an" the one who fights in the cause of Allah. :'e&orted b$ Ahmad+ al-,isai+ al-Tirmidhi+ Ibn Ma6ah+ and alHakimA;

Seeing the

oman to

hom &ne Proposes Marriage

It is &ermissible for a Muslim man to see the woman to whom he intends to &ro&ose marriage before taking further ste&s so that he an enter into the marriage knowing what is ahead for himA %therwise+ if he has not seen her before marriage+ he ma$ not find her looks to his liking and ma$ ha/e regrets after he is married to herA The e$e is the messenger of the heartB when the e$es meet+ the hearts and the souls of man and woman ma$ meet as wellA Muslim re&orted Abu Hurairah as sa$ing that a man ame to the Pro&het :&ea e be on him; and told him that he had ontra ted to marr$ a woman of the AnsarA >"id $ou look at her@> the Pro&het :&ea e be on him; askedA >,o+> he said+ 'Then go an" look at her,' sai" the +rophet

(peace be on him), 'for there is something in the e es of the Ansar,' meaning that some of them ha/e a defe t of their e$es Al-Mughira ibn Shu.bah said+ I aske" for a woman in marriage an" Allah's 3essenger (peace be on him) aske" me whether I ha" looke" at her. (hen I replie" that I ha" not, he sai" 'Then look at her, for it ma pro"uce lo!e between ou.' I went to her parents an" informe" them of the +rophet's a"!ice. The seeme" to "isappro!e of the i"ea. Their "aughter hear" the con!ersation from her room an" sai", 'If the +rophet (peace be on him) has tol" ou to look at me, then look.' I looke" at her, an" subse5uentl I marrie" her.
:'e&orted b$ Ahmad+ Tirmidhi+ Ibn Ma6ah+ Ibn Hibban+ and "arimiA;

The Pro&het :&ea e be on him; did not s&e if$ either to Mughirah or to the other man how mu h of the woman the$ were &ermitted to seeA Some s holars are of the o&inion that looking is limited to seeing the fa e and handsA Howe/er+ it is &ermissible for an$one to see the fa e and hands as long as no desire is in/ol/edB therefore+ if asking for woman in marriage is an e(em&tion+ ob/iousl$ the man making the &ro&osal should be able to see mu h more of the woman than thatA The Pro&het :&ea e be on him; said+ (hen one of ou asks for woman in marriage, if he is able to look at what will in"uce him to marr her, he shoul" "o so. :'e&orted b$ Abu "aoudA; Some s holars ha/e gone to one e(treme or another in relation to this &ermission+ but the best ourse seems to be the middle oneA %ne resear her onsiders it -uite a&&ro&riate in our time that the man who is &ro&osing be allowed to see the woman as she normall$ a&&ears before her father+ brother+ and other muharramahA He sa$s1 In the onte(t of the abo/e hadith+ he ma$ e/en a om&an$ her+ together with her father or some other mahrem as ha&erone+ on her usual /isits to relati/es or to &ubli &la es+ while lad in full hi6abA ($i1ab de"otes the proper #slami+ dress. (Tra"s.)) In this wa$ he will ha/e the o&&ortunit$ to get an insight into her reasoning+ beha/ior+ and &ersonalit$A this is a &art of the meaning of the hadith+ #...to look at what will in"uce him to marr her.# :Al-Bahee al-7hool$+ Al-Mar.ah Bain al-ba$n al-bait wal-Mu6tamah.A; If the man.s intention of marriage is sin ere+ he is &ermitted to see the woman with or without her and her famil$.s knowledgeA Jarir ibn .Abdullah said on erning his wife+ >:Before marriage; I used to hide under a tree to see herA> #rom the hadith on erning al-Mughira we understand that the father of a girl annot+ out of deferen e to ustom and tradition+ &re/ent a suitor who is in earnest from seeing her+ for ustoms and traditions must be go/erned b$ the Shar.ahA How is it &ossible that the "i/ine )aw shbe sub6e ted to the whims of human beings@ %n the other hand+ howe/er+ neither the father+ the suitor+ or the fian e an stret h this &ermission to su h an e(tent that the $oung man and woman+ under the &rete(t of betrothal or engagement+ go to mo/ie >heaters+ lubs+ and sho&&ing &la es together without being a om&anied b$ a mahrem of hers+ a &ra ti e whi h has be ome ommon toda$ among Muslims who are fond of imitating !estern i/iliDation and its ustomsA

Prohibited Proposals

It is haram for a Muslim man to &ro&ose to a di/or ed or widowed woman during her .iddah :that is+ the waiting &eriod during whi h she is not allowed to remarr$;+ for this waiting &eriod is &art of the &re/ious marriage and ma$ not be /iolatedA Although one ma$+ during this &eriod+ on/e$ his desire for marriage through indire t hints or suggestions+ it ma$ not be done through an e(&li it &ro&osalA Sa$s Allah Ta.ala1 An" there is no blame on ou in what ou proclaim or hi"e in our min"s concerning betrothal to women....:3135<; It is likewise forbidden to the Muslim to &ro&ose to a woman who is alread$ betrothed to a brother MuslimB the one whose &ro&osal has alread$ been a e&ted has a -uired a right whi h must be safeguarded in onsideration of goodwill and affe tion among &eo&le+ es&e iall$ among his brother MuslimsA Howe/er+ if the first suitor terminates his betrothal or gi/es the se ond suitor his &ermission+ there is no harm in &ro eeding with itA Muslim re&orted that the Messenger of Allah :&ea e be on him; said+ A 4elie!er is a brother to another 4elie!er. It is therefore not lawful for him to outbi" his brother in bu ing something or to propose to a woman when his brother has "one so, unless he gi!es him permission. And al-Bukhari re&orted that the Pro&het :&ea e be on him; said+ A man must not propose to anther man%s betrothed unless he withdraws or gi(es him permission.

The Consent of the 0irl

It is the girl.s right to make a de ision on erning her marriage+ and her father or guardian is not &ermitted to o/erride her ob6e tions or ignore her wishesA The Pro&het :&ea e be on him; said+ A woman who has been pre!iousl marrie" has more right concerning her person than her guar"ian, an" a !irgin's consent must be aske" about herself, her consent being her silence. (Reported by al-%ukhari a"d Muslim.) Ibn Ma6ah and some other transmitters re&ort the following hadith1 A girl came to the 3rophet (peace be on him) and informed him that her father had married her to her cousin against her wishes! whereupon the 3rophet (peace be on him) allowed her to e1ercise her choice. 6he then said! %' am reconciled to what my father did but ' wanted to make it known to women that fathers ha(e no say in this matter.% The father of a girl must not dela$ marriage of his daughter if a &ro&osal is re ei/ed from a man of e-ual status who is of sound religion and hara terA The Pro&het :&ea e be on him; said+ Three matters shoul" not be "ela e"% salat when its time comes, burial when the funeral has arri!e", an" the marriage of a single woman when a man of e5ual status has propose". (Reported by al-Tirmidhi.) He further said (hen someone with whose religion an" character ou are satisfie" asks for our "aughter in marriage, acce"e to his re5uest. If ou "o not "o so there will be corruption an" great e!il on the earth. :'e&orted b$ al-TirmidhiA;

omen To

hom Marriage is Prohibited

It is &ermanentl$ haram for a Muslim to marr$ a woman who belongs to one of the following ategories1

1. The father.s wife+ whether di/or ed or widowedA "uring the &eriod of

6ahili$$ah su h marriages were allowedA Then Islam &rohibited them+ for on e a woman is married to a man.s father she a -uires the status of his mother+ and this &rohibition is out of honor and res&e t for the fatherA Moreo/er+ as this in/iolable &rohibition lea/es no room for se(ual attra tion between the son and his ste&-mother+ the$ are able to de/elo& a relationshi& of res&e t and honorA

2. The

mother+

in luding

the

grandmothers

on

both

sidesA

3. The daughter+ in luding the granddaughters from the son or daughterA 4. The
sister+ in luding the half+ and ste&-sistersA

5. The &aternal aunt+ whether she is the real+ half+ or ste&-sister of the fatherA 6. The maternal aunt+ whether she is the real+ half+ or ste&-sister of the fatherA 7. The
brother.s daughter+ iAeA+ his nie eA

GA The sister.s daughter+ iAeA+ his nie eA All these female blood-relati/es are a man.s muharramat and he is mahrem to his orres&onding female relati/esA Marriage to an$ mahrem whomsoe/er is &ermanentl$ &rohibitedA The reasons for this &rohibition are as followsA

A. Entertaining an$ se(ual thoughts on erning su h lose relati/es as one.s

mother+ sister+ and daughter is instin ti/el$ abhorrent to human natureB there are e/en ertain animals whi h a/oid mating with su h losel$-related animalsA The res&e t a man feels for his aunts is like the res&e t he has for his mother+ and likewise un les are regarded as fathersAL

B. Sin e the famil$ must li/e together in intima $ and &ri/a $ but without
in estuous relations+ the Shari.ah intends to attra tion among su h ut at the roots of an$ se(ual lose relati/esA

C. Sin e there is natural lo/e and affe tion among su h lose blood relati/es+ the

intent of the Shari.ah is to e(&and the ir le of lo/e and kinshi& b$ &rohibiting in est and thereb$ dire ting the man.s sear h for women outside the famil$A Thus ea h marriage e(tends the s&here of lo/e+ bringing new &eo&le within this e/er-e(&anding network of affe tion1 >And He has &ut lo/e and mer $ between $ouA> :5E139;

D. The natural sentiments of lo/e and affe tion between a man and the abo/e-

mentioned female relati/es must be ke&t strong fore/erA If marriage were &ermitted between su h relati/es+ it would ause 6ealousies+ dissensions+ and

the disru&tion of families+ destro$ing the /er$ sentiments of lo/e and affe tion whi h gi/e ohesi/eness and &ermanen e to the famil$ stru tureA

E. The offs&ring of marriages to su h lose blood relati/es would most &robabl$

be defe ti/e and weakA Moreo/er+ if &h$si al or mental defe ts are &resent in the members of a famil$+ the$ would be ome more &ronoun ed among the hildren of su h marriagesA

#A The woman needs someone to ham&ion her rights and su&&ort her ase against her husband+ es&e iall$ when relations between the two of them be ome strainedA If those women who ould defend her be ame ri/als+ how would this be &ossible@

Marriages Prohibited b% 'eason of "osterage 9. The foster mother% #t is haram for a Muslim to marry a )oma" )ho has su+kled him
duri", his i"fa"+y, for su+kli", makes her like his real mother, si"+e milk has ,o"e i"to the maki", of his flesh a"d bo"es. /ursi", +o"s+iously or u"+o"s+iously produ+es feeli",s of motherhood i" a )oma" a"d of ki"ship i" a +hild, a"d althou,h these feeli",s mi,ht seem to disappear as the +hild ,ro)s a"d be+omes a ma", they remai" hidde" i" the u"+o"s+ious. $o)e er, the prohibitio" of marria,e based o" fostera,e is effe+ti e o"ly if the su+kli", o++urred before the time of )ea"i",2 that is, )he" milk )as the primary sour+e of food. A"other +o"ditio" is that the +hild has su+kled his fill o" fi e separate o++asio"s, a fill bei", defi"ed as )he" the +hild lea es off su+kli", of his o)" a++ord. After a sur ey of all the ahadith o" this sub1e+t, the fi3i", of fi e su+kli",s as the mi"imum seems to be the preferred ie).

10. 7oster sisters% .ust as a )oma" be+ome a mother to a +hild by irtue of su+kli",,
like)ise her dau,hters be+ome his sisters, her sisters his au"ts, a"d so o". The 'rophet (pea+e be o" him) said4 #(hat is haram b reason of genealog is haram b reason of fosterage.'' (Reported by al-%ukhari a"d Muslim.) Thus the foster-sisters, foster-au"ts, a"d foster-"ie+es are all muharramat a"d marria,e to them is perma"e"tly prohibited.

In1)a# 'elationships

11. The mother<in<law% Marria,e to the )ife's mother is perma"e"tly prohibited from the
time a ma" e"ters i"to a marria,e +o"tra+t )ith a )oma", )hether he a"d hi)ife ha e e",a,ed i" se3ual i"ter+ourse or "ot. The a+t of marria,e itself ,i es the mother-i"-la) the same status as the mother.

12. The s"aughter% A ma" +a""ot marry his step-dau,hter (his )ife's dau,hter by a
pre ious marria,e) if se3ual i"ter+ourse has take" pla+e )ith her mother, his )ife. $o)e er, if a ma" di or+es his )ife )ithout ha i", had i"ter+ourse )ith her, it is permissible for him to marry her dau,hter by a pre ious marria,e.

13. The "aughter<in<law% That is, the )ife of the real so", "ot that of the adopted so". #"
fa+t, #slam abolished the permissibility of the system of le,al, formali!ed adoptio", be+ause this is +o"trary to fa+t a"d to reality, resulti", i" the prohibiti", of )hat is esse"tially halal a"d the permitti", of )hat is esse"tially haram. Allah Ta'ala says4 ...,or has $e ma"e our sons b a"option our (real) sons. Those are simpl wor"s from our mouths....(5546) mea"i", that it is merely a" e3pressio" of the la",ua,e )hi+h does "ot alter reality "or tra"sform a" outsider to the family i"to a blood relati e. These three types of female relati es are forbidde" i" marria,e i" order that pea+eful relatio"ships may be mai"tai"ed amo", the i" la)s.

Sisters as Co1

i.es

14. As opposed to the pra+ti+e of the period of 1ahiliyyah, #slam forbade taki", t)o sisters as
+o-)i es, at the same time be+ause the feeli", of lo e a"d sisterli"ess )hi+h #slam )a"ts to mai"tai" bet)ee" sisters )ould be destroyed if o"e sister be+ame the +o-)ife of the same husba"d. 7hile the *ur'a" me"tio"ed the t)o sisters, the 'rophet (pea+e be o" him) added, A man ma not be marrie" to a woman an" her paternal aunt (at the same time), nor to a woman an" her maternal aunt. (Reported by al-%ukhari a"d Muslim.) a"d he said, If ou "o this, ou will se!er our ties of kinship ,(Reported by #b" $ibba".) a"d ho) +ould #slam permit the breaki", of su+h ki"ship ties )he" it pla+es so mu+h importa"+e o" them8

Married

omen

9:. As lo", as a )oma" is married, her marria,e to a"y other ma" is prohibited. She may marry a"other ma" o"ly )he" t)o +o"ditio"s are fulfilled4 9. $er marria,e tie is broke" either be+ause of the death of her husba"d or be+ause of di or+e2

2. She has +ompleted the period of )aiti", ('iddah) ordai"ed by Allah. (or a
pre,"a"t )oma" this period e"ds )he" she deli ers the baby. #f she is )ido)ed but "ot pre,"a"t, the period of 'iddah is four mo"ths a"d te" days, )hile if she is di or+ed a"d it is "ot k"o)" )hether or "ot she is pre,"a"t, the 'iddah is three me"strual +y+les. This 'iddah relates to the )oma" )ho has me"strual periods2 for a )oma" )ho does "ot me"struate, the 'iddah is three mo"ths. Allah Ta'ala says4 An" "i!orce" women shall wait concerning themsel!es for three monthl perio"s. An" it is not permissible for them to conceal what Allah has create" in their wombs, if the belie!e in Allah an" the 0ast .a . (;4;;<) a"d As for those who ha!e no further expectation of menstruation among our women, if ou are in "oubt, the waiting perio" is three months, as well as for those who ha!e no menses. An" for those who are pregnant, their perio" is until the "eli!er their bur"ens,(=:46) a"d, 7or those of ou who "ie an" lea!e behin" wi"ows, the concerning themsel!es for four months an" ten "a s....(;4;56) shall wait

>f these fiftee" +ate,ories of female relati es to )hom marria,e is prohibited, fourtee" are me"tio"ed i" Surah al-/isa4 An" "o not marr those women whom our fathers marrie", except what is past; in"ee", it was an in"ecenc an" an abomination, an" an e!il path. 7orbi""en to ou are our mothers an" our "aughters, an" our sisters an" our father's sisters an" our mother's sisters, an" our brothers' "aughters an" our sisters' "aughters, an" our foster mothers an" our foster sisters, our wi!es' mothers, our step"aughters un"er our guar"ianship born of our wi!es to whom ou ha!e gone in4an" if ou ha!e not gone into them there is no blame on ou 4an" the wi!es of our sons procee"ing from our loins, an" that ou shoul" marr two sisters at one time, except what is past; in"ee" Allah is 7orgi!ing, 3erciful. (64;;-;5) The prohibitio" a,ai"st bei", married to a )oma" a"d a"y of her au"ts at the same time is deri ed from the hadith +ited abo e.

Mushrik

omen

16. A )oma" )ho is mushrik (Mushrik de"otes someo"e )ho +ommits shirk, or as+ribes part"ers to Allah by his
polytheisti+ beliefs or idolatrous pra+ti+es. (Tra"s.)),

that is, )ho )orships idols or asso+iates other deities )ith Allah, is also amo", those )ho are pprohibited. Allah Ta'ala says, An" "o not marr mushrik women until the belie!e, for a belie!ing bon"mai" is better than a mushrik woman, e!en though ou ma a"mire her. An" "o not marr ( our girls) to mushrik men until the belie!e, for a belie!ing bon"sman is better than a mushrik, e!en though ou ma a"mire him. The (mushrikeen) in!ite ou to the 7ire, but Allah in!ites ou to the *ar"en an" to forgi!eness b $is grace.... (;4;;9) This erse pro+laims that a Muslim ma" may "ot marry a mushrik )oma" "or may a Muslim )oma" marry a mushrik ma", be+ause there is a ,reat, u"brid,eable ,ulf bet)ee" the t)o systems of belief. #slam i" ites people to the ?arde" of 'aradise, )hile shirk (idolatry or polytheism) leads them to the (ire of $ell. 7hile Muslims belie e i" ?od, $is messe",ers, a"d the $ereafter, mushrikee" asso+iate others )ith ?od, re1e+t $is messe",ers, a"d de"y the $ereafter. Marria,e mea"s li i", u"der o"e roof i" harmo"y a"d lo e2 ho) the" )ould it be possible for su+h +o"fli+ti", beliefs a"d pra+ti+es to +o-e3ist pea+efully to,ether i" o"e abode8

Marriage to the

omen of the People of the $ook

#slam has made marria,e to .e)ish or Christia" )ome" la)ful for Muslim me", for they are Ahl al-0itab, that is, 'eople of the %ook, or people )hose traditio" is based upo" a di i"ely re ealed S+ripture. Althou,h they ha e distorted a"d altered it, they do possess a reli,io" of di i"e ori,i", a"d he"+e #slam has made some e3+eptio"s i" deali", )ith them. The *ur'a" says4 ...An" the foo" of those who were gi!en the &cripture (before ou) is permitte" to ou an" our foo" is permitte" to them. An" (lawful to ou in marriage are) chaste women from the 4elie!ers an" chaste women from those who were gi!en the &cripture before ou, when ou gi!e them their "ue cowers, "esiring chastit , not lew"ness or secret intrigues....(:4=4 (:) ) Tolera"+e of su+h a de,ree is a +hara+teristi+ of #slam )hi+h is hardly to be fou"d amo", other faiths a"d "atio"s. &espite the fa+t that #slam takes the 'eople of the %ook to task for their u"belief a"d error, it permits the Muslim to marry a Christia" or .e)ish )oma" )ho may, as his +o"sort, the mistress of his house, the mother of his +hildre", the sour+e of his repose, a"d his +ompa"io" for life, retai" her o)" faithall this, )hile the *ur'a" says +o"+er"i", marria,e a"d

its mystique, An" among $is signs is that $e create" for ou mates from among oursel!es, that ou ma "well with them in tran5uilit , an" $e has put lo!e an" merc between ou....(5@4;9) $o)e er, a )ar"i", is i" order here. #" order of prefere"+e, a belie i",, pra+ti+i", Muslim )oma" )ho lo es her reli,io" is preferable to a "omi"al Muslim )oma" )ho has i"herited #slam from her pare"ts. The 'rophet (pea+e be o" him) said, #*et the one who is religious an" prosper.#
(Reported by al-%ukhari.)

#t is also ob ious that a Muslim )oma", re,ardless of )ho she is, is better suited to a Muslim ma" tha" a )oma" of Christia" or .e)ish faith, re,ardless of her merits. #f a Muslim ma" has the sli,htest suspi+io" that a "o"-Muslim )ife mi,ht affe+t the beliefs a"d attitudes of his +hildre", it be+omes obli,atory o" him to e3er+ise +autio". #f the "umber of Muslims i" a +ou"try is smallfor e3ample, if they are immi,ra"ts residi", i" a "o"-Muslim +ou"trytheir me" ou,ht to be prohibited from marryi", "o"-Muslim )ome" be+ause, si"+e Muslim )ome" are prohibited from marryi", "o"-Muslim me", their marria,e to "o"-Muslim )ome" mea"s that ma"y Muslim ,irls )ill remai" u"married. Si"+e this situatio" is i"1urious to the Muslim so+iety, this i"1ury +a" be a oiby temporarily suspe"di", this permissio".

The Prohibition of a Muslim

oman,s Marr%ing a -on1Muslim Man

#t is haram for a Muslim )oma" to marry a "o"-Muslim ma", re,ardless of )hether he of the 'eopleof the %ook or "ot. 7e ha e already me"tio"ed the sayi", of Allah Ta'ala, ...An" "o not marr ( our girls) to i"olaters until the belie!e....(;4;;9) A"d $e said +o"+er"i", the immi,ra"t Muslim )ome", ...Then if ou know them to be 4elie!ers, "o not sen" them back to the unbelie!ers. The are not halal for them (as wi!es), nor are the halal for them (as husban"s). (=@49@) /o te3t e3ists )hi+h makes e3+eptio"s for the 'eople of the %ook, he"+e, o" the basis of the abo e erses, there is a +o"se"sus amo", Muslims +o"+er"i", this prohibitio". Thus, )hile a Muslim ma" is permitted to marry a Christia" or .e)ish )oma", a Muslim )oma" is "ot allo)ed to marry a Christia" or .e)ish ma". There are ma"y sou"d reaso"s for this differe"+e. (irst, the ma" is the head of the household, the o"e )ho mai"tai"s the family, a"d he is respo"sible for his )ife. A"d )hile #slam ,uara"tees freedom of belief a"d pra+ti+e to the Christia" or .e)ish )ife of a Muslim, safe,uardi", her ri,hts a++ordi", to her o)" faith, other reli,io"s, su+h as .udaism a"d Christia"ity, do "ot ,uara"tee the )ife of a differe"t faith freedom of belief a"d pra+ti+e, "or do they safe,uard her ri,hts. Si"+e this is the +ase, ho) +a" #slam take +ha"+es o" the future of its dau,hters by ,i i", them i"to the ha"ds of people )ho "either ho"or their reli,io" "or are +o"+er"ed to prote+t their ri,hts8 A marria,e bet)ee" a ma" a"d )oma" of differe"t faiths +a" be based o"ly o" the husba"d's respe+t for his )ife's beliefs2 other)ise a ,ood relatio"ship +a" "e er de elop. /o), the Muslim belie es that both .udaism a"d Christia"ity ori,i"ated i" di i"e re elatio", althou,h later distortio"s )ere i"trodu+ed i"to them. $e also belie es that ?od re ealed the Taurat to Moses a"d the #"1eel to .esus, (Taurat refers to the ori,i"al s+ripture re ealed to the 'rophet Moses by ?od, a"d #"1eel to the
'rophet .esus. These are "ot to be +o"fused )ith either the e3isti", Torah or >ld Testame"t, or the four ?ospels of the /e) Testame"t. (Tra"s.)) a"d that both Moses a"d .esus (pea+e be o" them) )ere amo", the

messe",ers of Allah )ho )ere disti",uished by their steadfast determi"atio". A++ordi",ly, the Christia" or .e)ish )ife of a Muslim li es u"der the prote+tio" of a ma" )ho respe+ts the basi+

te"ets of her faith, her s+ripture, a"d her prophets, )hile i" +o"trast to this the .e) or Christia" re+o,"i!es "either the di i"e ori,i" of #slam, its %ook, or its 'rophet (pea+e be o" him). $o) the" +ould a Muslim )oma" li e )ith su+h a ma", )hile her reli,io" requires of her the obser a"+e of +ertai" )orships, duties, a"d obli,atio"s, as )ell as +ertai" prohibitio"s. #t )ould be impossible for the Muslim )oma" to retai" her respe+t for her beliefs as )ell as to pra+ti+e her reli,io" properly if she )ere opposed i" this re,ard by the master of the house at e ery step. #t )ill be reali!ed from this that #slam is +o"siste"t )ith itself i" prohibiti", the Muslim ma" to marry a mushrik )oma", for si"+e #slam is absolutely opposed to shirk, it )ould ob iously be impossible for t)o su+h people to li e to,ether i" harmo"y a"d lo e.

7ornicatresses

17. $ere -for"i+atresses- (al-!a"iyah) de"otes )ome" )ho ear" mo"ey throu,h prostitutio".
#t is reported that Marthad ib" Abu Marthad asked the 'rophet's permissio" to marry a prostitute "amed 'A"aq )ith )hom he had relatio"s duri", the pre-#slami+ period. The 'rophet (pea+e be o" him) did "ot ,i e him a" a"s)er u"til Allah re ealed, The fornicator shall not marr an one except a fornicatress or an i"olatress, an" the fornicatress shall not marr an one but a fornicator or an i"olater, an" that (marr ing them) is haram for the 4elie!ers. (;645) The 'rophet (pea+e be o" him) the" re+ited this erse to Marthad a"d said, #.o not marr her.#
(This story is reported by Abu &aoud, al-/isai, a"d al-Tirmidhi.)

Allah Subha"ahu )a Ta'ala has permitted Muslims to marry +haste belie i", )ome" or +haste )ome" of the 'eople of the %ook. Similarly, $e has made marria,e la)ful to me" o" the +o"ditio" that they seek it #in honest we"lock, not in lust.# (64;6). A++ordi",ly, if someo"e does "ot a++ept this +omma"d from the %ook of Allah, "or +o"siders it bi"di",, he is a mushrik
(As )e sa) i" Chapter >"e i" the dis+ussio" +o"+er"i", Allah's sole ri,ht to le,islate the halal a"d haram for $is ser a"ts, a"yo"e )ho disobeys or disre,ards this e3pli+it +omma"d of Allah Ta'ala is +o"sidered a mushrik or a" asso+iator) , a"d "o

o"e )ill a,ree to marry him e3+ept a"other mushrik. #f someo"e a++epts this +omma"d as bi"di",, but despite this he marries a for"i+atress to )hom marria,e has bee" prohibited, he be+omes a for"i+ator himself. This ayah 1ust +ited +omes after the ayah pres+ribi", the pu"ishme"t of flo,,i", for for"i+ators
(This pu"ishme"t has bee" pres+ribed for the u"married for"i+ator a"d his part"er, )hile the pu"ishme"t of death by sto"i",, if the +rime is pro ed either by four male adult eye )it"esses to the a+t or by self +o"fessio", has bee" pres+ribed for the married adulterer a"d his part"er. (Tra"s.))4 7log the woman an" the man guilt of fornication each with a

hun"re" stripes....(;64;) 7hile this is a +orporal pu"ishme"t, the pu"ishme"t me"tio"ed i" ;645 is a +i il pu"ishme"t, for depri i", for"i+ators of the ri,ht to marry +haste )ome" is like depri i", someo"e of +iti!e"ship, "atio"ality, or some other +i il ri,ht as a pu"ishme"t for a +rime. #b" al-*ayyim, after e3plai"i", the mea"i", of the pre iously-+ited erse ,oes o" to say4 This e3pli+it i"1u"+tio" of the *ur'a" is )hat huma" "ature a"d reaso" dema"d. Allah Ta'ala prohibits $is sla e (the Muslim ma") to be+ome a pimp to his )ay)ard )ife, as $e made ma"'s "ature )ith a" i"sti"+ti e abhorre"+e a"d +o"tempt for a+ti", as a pimp. This is )hy, )he" people )a"t to abuse someo"e i" the most dispara,i", ma""er, they +all him 'the husba"d of a )hore2' a"d Allah does "ot permit the Muslim to be like that.

(urther li,ht is thro)" o" this prohibitio" by +o"sideri", the +rime of the )oma" a,ai"st her husba"d a"d so+iety. She defiles the bed of her husba"d a"d per erts the li"ea,e )hi+h Allah desires to preser e for the i"te,rity a"d smooth fu"+tio"i", of so+iety, )hi+h $e +ou"ts as o"e of $is fa ors upo" ma"ki"d. Adultery leads to the +o"fou"di", a"d doubti", of pare"ta,e. #t is thus o"e of the beauties of the #slami+ Shari'ah that it prohibits marria,e to a prostitute u"til she repe"ts a"d demo"strates that she is "ot pre,"a"t (that is, u"til she has a me"strual period i" order to as+ertai" that she is "ot +arryi", a +hild). (l,hathat al-Aahfa", ol. 9, pp. ==-=B.) Moreo er, a prostitute is a ile a"d de,raded )oma". Allah has ordai"ed that marria,e be a sour+e of affe+tio" a"d mer+y bet)ee" the spouses. $o) the" +ould a ile )oma" be the ob1e+t of lo e of a irtuous ma", si"+e the part"ers i" a marria,e must be aki" i" their ideas, attitudes, a"d +hara+ters if true lo e a"d u"dersta"di", are to de elop bet)ee" them. As ile"ess a"d irtue are a"titheti+al to ea+h other both by "ature a"d by +o"sideratio"s of morality, there +a""ot e e" be a sympathy, mu+h less lo e a"d affe+tio", bet)ee" the t)o. #"deed, Allah Subha"ahu )a Ta'ala has spoke" truly i" $is sayi",, =ile women are for !ile men, an" !ile men are for !ile women; !irtuous women are for !irtuous men an" !irtuous men are for !irtuous women. (;64;=)

Temporar% Marriage 5Mut,ah6 Marria,e i" #slam is a stro", bo"d, a bi"di", +o"tra+t, based o" the i"te"tio" of both part"ers to li e to,ether perma"e"tly i" order to attai", as i"di iduals, the be"efit of the repose, affe+tio", a"d mer+y )hi+h are me"tio"ed i" the *ur'a", as )ell as to attai" the so+ial ,oal of the reprodu+tio" a"d perpetuatio" of the huma" spe+ies4 An" Allah has ma"e for our spouses of our own nature, an" from our spouses has ma"e for ou sons an" gran"sons....(9=4B;) /o), i" temporary marria,e (k"o)" i" Arabi+ as mut'ah), )hi+h is +o"tra+ted by the t)o parties to lafor a spe+ified period of time i" e3+ha",e for a spe+ified sum of mo"ey, the abo eme"tio"ed purposes of marria,e are "ot reali!ed. 7hile the 'rophet (pea+e be o" him) permitted temporary marria,e duri", 1our"eys a"d military +ampai,"s before the #slami+le,islati e pro+ess )as +omplete, he later forbid it a"d made it fore er haram. The reaso" for it )as permitted i" the be,i""i", )as that the Muslims )ere passi", throu,h )hat mi,ht be +alled a period of tra"sitio" from 1ahiliyyah to #slam. (or"i+atio" )as ery +ommo" a"d )ide-spread amo", the pre-#slami+ Arabs. After the ad e"t of #slam, )he" they )ere required to ,o o" military e3peditio"s, they )ere u"der ,reat pressure as a result of bei", abse"t from their )i es for lo", periods of time. Amo", the %elie ers )ere some )ho )ere stro", i" faith a"d others )ho )ere )eak. The )eak o"es feared that they )ould be tempted to +ommit adultery, a ma1or si" a"d a" e il +ourse, )hile the stro", i" faith, o" the other ha"d, )ere ready to +astrate themsel es, as stated by #b" Mas'ud4 (e were on an expe"ition with the 3essenger of Allah (peace be on him) an" "i" not ha!e our wi!es with us, so we aske" Allah's 3essenger (peace be on him), '&houl" we not castrate oursel!es) (The reaso" for this request )as the desire to mai"tai" their purity of mi"d a"d body, )hi+h )as i" da",er of bei", affe+ted by their u"met "eeds. (Tra"s.)) $e forba"e us to "o so but permitte" us to contract marriage with a woman up to a specifie" "ate, gi!ing her a garment as a "ower (mahr) (Reported by al-%ukhari a"d Muslim.) Thus temporary marria,e pro ided a solutio" to the dilemma i" )hi+h both the )eak a"d the stro", fou"d themsel es. #t )as also a step to)ard the fi"al le,ali!atio" of the +omplete marital life i" )hi+h the ob1e+ti es of perma"e"+e, +hastity, reprodu+tio", lo e, a"d mer+y, as )ell as the )ide"i", of the +ir+le of relatio"ships throu,h marria,e ties )ere to be reali!ed.

7e may re+all that the *ur'a" adopted a ,radual +ourse i" prohibiti", i"to3i+a"ts a"d usury, as these t)o e ils )ere )idespread a"d deeply rooted i" the 1ahili so+iety. #" the same ma""er' the 'rophet (pea+e be o" him) adopted a +ourse of ,radualism i" the matter of se3, at first permitti", temporary marria,e as a step leadi", a)ay from for"i+atio" a"d adultery, a"d at the same time +omi", +loser to the perma"e"t marria,e relatio"ship. $e the" prohibited it absolutely, as has bee" reported by 'All a"d ma"y other Compa"io"s. Muslim has reported this i" his Sahih, me"tio"i", that al-.uha"i )as )ith the 'rophet (pea+e be o" him) at the +o"quest of Makkah a"d that the 'rophet (pea+e be o" him) ,a e some Muslims permissio" to +o"tra+t temporary marria,es. Al-.uha"i said, -%efore lea i", Makkah the Messe",er of Allah(pea+e be o" him) prohibited it.- #" a"other ersio" of the hadith )e fi"d the 'rophet's o)" )ords, #Allah has ma"e it haram until the .a of /esurrection.# The questio" the" remai"s#s temporary marria,e (mut'ah) absolutely haram, like marria,e to o"e's o)" mother or dau,hter, or is it like the prohibitio" +o"+er"i", the eati", of pork or dead meat, )hi+h be+omes permissible u"der real "e+essity, the "e+essity i" this +ase bei", the fear of +ommitti", the si" of !i"a 8 The ma1ority of the Compa"io"s held the ie) that after the +ompletio" of the #slami+ le,islatio", temporary marria,e )as made absolutely haram. #b" 'Abbas, ho)e er, held a differe"t opi"io", permitti", it u"der "e+essity. A perso" asked him about marryi", )ome" o" a temporary basis a"d he permitted him to do so. A ser a"t of his the" asked, -#s this "ot u"der hard +o"ditio"s, )he" )ome" are fe) a"d the like8- a"d he replied, -Ces.- (Reported by al-%ukhari.) Aater, ho)e er, )he" #b" 'Abbas sa) that people had be+ome la3 a"d )ere e",a,i", i" temporary marria,es )ithout "e+essity, he )ithdre) his ruli",, re ersi", his opi"io". (Dad al-Mi'ad, ol.6,p. B. %ayhaqi tra"smitted
it a"d Muslim as )ell.)

Marr%ing More Than &ne

oman

#slam is a )ay of life +o"so"a"t )ith "ature, pro idi", huma" solutio"s to +omple3 situatio"s a"d a oidi", e3tremes. This +hara+teristi+ of #slam +a" be obser ed most +learly i" its sta"d +o"+er"i", the taki", of more tha" o"e )ife. #slam permits the Muslim to marry more tha" o"e )oma" i" order to resol e some ery pressi", huma" problems, i"di idual as )ell as so+ial. Ma"y peoples a"d reli,io"s prior to #slam permitted marria,e to a host of )ome", )hose "umber rea+hed te"s a"d sometimes hu"dreds, )ithout a"y +o"ditio" or restri+tio". #slam, o" the other ha"d, laid do)" defi"ite restri+tio"s a"d +o"ditio"s for poly,amy. 7ith re,ard to the restri+tio", it limited to four the ma3imum "umber of )i es a ma" mi,ht ha e. 7he" ?haila" al-Thaqafi a++epted #slam, he had te" )i es. #2hoose four of them an" "i!orce the rest,'' (Reported by al-Shafi'i, Ahmad, al-Tirmidhi, #b" Ma1ah, #b" Abi Shaybah, al-&arqut"i, a"d %ayhaqi.) the 'rophet (pea+e be o" him) told him. Similarly, some me" )ho had ei,ht (Reported by Abu &aoud i" his Mus"ad.) or fi e (Reported by Ahmad, al-&arimi, #b" $ibba", al-$akim, a"d the +ompilers of Su"a" (Abu &aoud, al-/isai, a"d #b" Ma1ah).) )i es at the time of embra+i", #slam )ere told by the 'rophet (pea+e be o" him) to retai" o"ly four. The +ase of the 'rophet (pea+e be o" him), )ho himself had "i"e )i es, )as e3empted from this by Allah for the sake of da')ah (the propa,atio" of the messa,e of #slam) duri", his lifetime a"d be+ause of the "eed of the Muslim ummah after his death.

7ustice Among

i.es 1 A Condition

The +o"ditio" )hi+h #slam lays do)" for permitti", a ma" to ha e more tha" o"e )ife is +o"fide"+e o" his part that he )ill be able to deal equitably )ith his t)o or more )i es i" the matter of food, dri"k, housi",, +lothi", a"d e3pe"ses, as )ell as i" the di isio" of his time bet)ee" them. A"yo"e )ho la+ks the assura"+e that he )ill be able to fulfill all these obli,atio"s )ith 1usti+e a"d equality is prohibited by Allah Ta'ala from marryi", more tha" o"e )oma", for Allah Ta'ala says4 ...4ut if ou fear that ou will not be able to "o justice (among them), then (marr ) onl one....(645) A"d the 'rophet (pea+e be o" him) said, An one who has two wi!es an" "oes not treat them e5uall will come on the .a of /esurrection "ragging one part of his bo" which will be hanging "own. (Reported by the +ompilers of Su"a" a"d by #b" $ibba" a"d al-$akim.) The equal treatme"t me"tio"ed here pertai"s to the ri,hts of the )i es, "ot to the lo e the husba"d feels to)ed them, for equality i" the di isio" of lo e is beyo"d huma" +apa+ity a"d a"y imbala"+e i" this re,ard is for,i e" by Allah Ta'ala )ho says4 An" ou will not be able to "o justice among ( our) wi!es, howe!er much ou ma wish to. 4ut "o not turn awa (from one of them) altogether....(6495E) This is )hy the 'rophet (pea+e be o" him) used to di ide his time amo", his )i es equally, sayi",, - Allah, this is m "i!ision in regar" to what I can control. Then "o not take me to task regar"ing what Thou controllest an" I "o not control (Reported by the +ompilers of Su"a".), referri", to the atta+hme"t a"d affe+tio" )hi+h he felt for o"e parti+ular )ife. A"d )he" he pla""ed to ,o o" a 1our"ey, Allah's Messe",er (pea+e be o" him) )ould +ast lots amo", his )i es, a"d the o"e )ho )as +hose" by lot )ould a++ompa"y him. (Reported by al-%ukhari a"d Muslim.)

h% Marriage to More Than &ne

oman is Permitted in Islam

#slam is the last a"d fi"al )ord of Allah Subha"ahu )a Ta'ala, e"di", the series of $is messa,es to ma"ki"d. #t therefore +ame )ith a ,e"eral la) suitable for all times a"d pla+es, a"d for the )hole of huma"ity. #t did "ot le,islate for the +ity d)eller o"ly, )hile "e,le+ti", the "omad, "or for the +old re,io"s )hile i,"ori", the hot o"es, "or for o"e parti+ular period of time, for,etti", later times a"d the ,e"eratio"s to +ome. #slam re+o,"i!es the "eeds a"d i"terests of all people, of i"di iduals as )ell as ,roups. A"d amo", huma" bei",s o"e fi"ds that i"di idual )ho has a stro", desire for +hildre" but )hose )ife is barre", +hro"i+ally ill, or has some other problem. 7ould it "ot be more +o"siderate o" her part a"d better for him the marry a se+o"d )ife )ho +a" bear him +hildre", )hile retai"i", the first )ife )ith all her ri,hts ,uara"teed8 The" there may also be the +ase of a ma" )hose desire for se3 is stro",, )hile his )ife has little desire for it, or )ho is +hro"i+ally ill, has lo", me"strual periods, or the like, )hile her husbis u"able to restrai" his se3ual ur,e. Should it "ot be permitted to him to marry a se+o"d )ife i"stead of his hu"ti", arou"d for ,irlfrie"ds8 There are also times )he" )ome" out"umber me", as for e3ample after )ars )hi+h ofte" de+imate the ra"ks of me". #" su+h a situatio"' it is i" the i"terests of the so+iety a"d of )ome" themsel es that they be+ome +o-)i es to a ma" i"stead of spe"di", their e"tire li es )ithout marria,e, depri ed of the pea+e, affe+tio", a"d prote+tio" of marital life a"d the 1oy of motherhood for )hi+h they "aturally year" )ith all their hearts. >"ly three possible alter"ati es e3ist for su+h surplus )ome" )ho are "ot married as first )i es4

9. to ;. to

pass be+ome

their se3

)hole ob1e+ts a"d

li es playthi",s

i" for

bitter le+herous

depri atio", me"2 or

5. to be+ome +o-)i es to me" )ho are able to support more tha" o"e )ife a"d )ho )ill treat them ki"dly. F"questio"ably, the last alter"ati e is the +orre+t solutio", a heali", remedy for this problem, a"d that is the 1ud,eme"t of #slam4 An" (ho is better than Allah in ju"gement, for a people who ha!e certain faith) (:4:5 (:@) ) (or this is the #slami+ -poly,amy- )hi+h people i" the 7est +o"sider so abhorre"t a"d to )hi+h they rea+t )ith su+h hostility, )hile their o)" me" are free to ha e a"y "umber of ,irlfrie"ds, )ithout restri+tio" a"d )ithout a"y le,al or moral a++ou"tability, either i" respe+t to the )oma" or to the +hildre" she may bear as a result of this irreli,ious a"d immoral plurality of e3tra-marital relatio"ships. Aet the t)o alter"ati esplurality of )i es or plurality of illi+it affairs be +ompared, a"d let people ask themsel es )hi+h is the proper +ourse of a+tio", a"d )hi+h of the t)o ,roups is +orre+tly ,uidedG

The 'elationship $et#een Husband and

ife

The *ur'a" emphasi!es the spiritual ob1e+ti es of marria,e, maki", them the fou"datio"s of marital life. These ob1e+ti es are reali!ed i" the pea+e of mi"d )hi+h +omes throu,h )holesome se3ual e3perie"+e )ith the spouse )hom o"e lo es, i" the e"lar,eme"t of the +ir+le of lo e a"d affe+tio" bet)ee" the t)o families u"ited throu,h marria,e, a"d i" the "urturi", of affe+tio" a"d te"der"ess amo", the +hildre" u"der the lo i", +are of their pare"ts. These are the ob1e+ti es me"tio"ed by Allah Ta'ala4 An" among $is signs is that $e create" for ou mates from among oursel!es, that ou ma "well with them in tran5uilit , an" $e has put lo!e an" merc between ou. In"ee", in this are signs for those who reflect. (5@4;9)

The Se(ual 'elationship At the same time, the *ur'a" does "ot "e,le+t the se"sual aspe+t a"d the physi+al relatio"ship bet)ee" husba"d a"d )ife. #t ,uides huma" bei",s to the best path, fulfilli", the dema"ds of the se3ual ur,e )hile a oidi", harmful or de ia"t pra+ti+es. #t is reported that the .e)s a"d Doroastria"s used to ,o to e3tremes i" a oidi", a"y physi+al +o"ta+t )ith me"struati", )ome", )hile the Christia"s +o"ti"ue to ha e se3ual relatio"s )ith them )ithout re,ard to the flo) of blood. The Arabs of the period of 1ahiliyyah )ould "ot eat, dri"k, or sit )ith )ome" )ho )ere me"struati", a"d )ould se"d them to separate d)elli", 1ust as the .e)s a"d Doroastria"s did. A++ordi",ly, some Muslims asked the 'rophet (pea+e be o" him) about )hat is permitted a"d )hat is forbidde" i" relatio" to me"struati", )ome". The follo)i", erse )as the" re ealed4 An" the ask thee about menstruation. &a % It is a hurt, so refrain from women "uring their menstruation an" "o not approach them until the are cleanse". An" when the ha!e cleanse" themsel!es ou ma go in to them in the manner or"aine" b Allah; in"ee", Allah lo!es those who turn to $im an" $e lo!es those who are clean. (;4;;;)

Some people u"derstood the phrase, -Refrai" from )ome",- as mea"i", that they should "ot li e to,ether i" the same house duri", the me"strual periods. The 'rophet (pea+e be o" him) the" e3plai"ed the +orre+t mea"i", of this erse, sayi",, I or"ere" ou onl to refrain from ha!ing intercourse with menstruating women an" "i" not tell ou to sen" them out of the house as the foreigners "o. 7he" the .e)s of Madi"ah heard this they said, -This ma" does "ot like to lea e a"y part of )hat )e do u"+ha",ed, but does the opposite.-('Tafsir of al-Ra!i, ol. =, p. ==.) Thus the Muslim +a" fo"dle a"d e"1oy his me"struati", )ife, a oidi", o"ly the pla+e of hurt. The #slami+ positio" i" this re,ard is, as al)ays, a middle o"e, bet)ee" the o"e e3treme of e3pelli", the me"struati", )oma" from the house a"d the other e3treme of ha i", i"ter+ourse )ith her. Re+e"t medi+al resear+hers ha e dis+o ered that the me"strual flo) +o"tai"s a to3i+ substa"+e )hi+h, if u"dis+har,ed, may be harmful to the body. Aike)ise, they ha e dis+o ered the reaso" )hy i"ter+ourse should be a oided duri", this time. The reprodu+ti e or,a"s be+ome hi,hly +o",ested a"d the "er es ery se"siti e due to the se+retio" of the i"ter"al ,la"ds2 +o"seque"tly, i"ter+ourse may irritate them, possibly impedi", the me"stma9 flo) a"d +ausi", i"flammatio" of the se3ual or,a"s.(See Al-#slam )al-Tibb al-$adith (#slam a"d Moder" Medi+i"e) by the late 'Abdul
'A!i! #sma'il.)

Prohibited Intercourse Co"+er"i", the se"sual relatio"ship, these )ords of Allah Ta'ala )ere re ealed4 ;our wi!es are a tillage to ou, so go in to our tillage as ou will, an" sen" (ahea" something) for our souls; an" fear Allah an" know that ou will (one "a ) meet $im, an" gi!e gla" ti"ings to the 4elie!ers. (;4;;5) The #"dia" s+holar, 7aliullah &ehla i, i" e3plai"i", the >++asio" of the re elatio" of this ayah a"d its si,"ifi+a"+e says4 The .e)s had u""e+essarily restri+ted the postures of se3ual i"ter+ourse )ithout a"y di i"e authority. The A"sar (of Madi"ah) bei", their frie"ds, follo)ed their pra+ti+e a"d used to say, '#f a ma" has i"ter+ourse )ith his )ife throu,h the a,i"a )hile he is o" her ba+k, the +hild )ill ha e a squi"t.' Thus the erse, 'So ,o i" to your tilla,e as you )ill' )as re ealed2 that is, it is immaterial )hether the husba"d is o" top of his )ife or o" her ba+k as lo", as i"ter+ourse is throu,h the a,i"a, )hi+h +o"stitutes the tilla,e. This is so be+ause these matters ha e "othi", to do )ith reli,ious or so+ial poli+y but are e"tirely a matter of perso"al taste. Su+h sayi",s )ere amo", the absurdities of the .e)s a"d Allah Ta'ala abolished them.
($u11at Allah al-%ali,ah, ol. ;, p. 956. )

#t is "ot a fu"+tio" of reli,io" to defi"e the postures of se3ual i"ter+ourse. $o)e er, a Muslim )ho fears Allah i" his relatio"ship )ith his )ife a"d possesses the +ertai"ty that he )ill meet $im a oids the a"us be+ause the 'rophet (pea+e be o" him) said, #.o not approach women from the anus.# (Reported by Ahmad, al-Tirmidhi, al-/isai, a"d #b" Ma1ah.) A,ai", he referred to su+h a" a+t as -mi"or sodomy.- (Reported by Ahmad a"d al-/isai.) A )oma" of the A"sar asked him +o"+er"i", a,i"al i"ter+ourse from the ba+k2 he the" re+ited to her, ';our wi!es are a filth to ou, so go in to our filth as ou will,' but with onl one receptacle.
(Reported by Ahmad.)

'Fmar +ame to him o"e day sayi",, -> Messe",er of Allah, # am rui"edG- -7hat has rui"ed you8asked the 'rophet (pea+e be o" him). $e replied, -Aast "i,ht # tur"ed my )ife o er,- mea"i", that he had had a,i"al i"ter+ourse )ith her from the ba+k. The 'rophet (pea+e be o" him) did "ot say a"ythi", to him u"til the erse +ited abo e )as re ealed. The" he told him, #7rom the front

or the back, but a!oi" the anus an" intercourse "uring menstruation.# (Reported by Ahmad a"d alTirmidhi.)

0uarding the Secrets $et#een the Husband and

ife

The *ur'a" praises irtuous )i es, ...(ho are obe"ient, guar"ing in secret what Allah has guar"e"....(6456) Amo", those se+rets )hi+h must be ,uarded is the i"timate relatio"ship )ith the spouse )hi+h it )ould be )ro", to dis+uss i" a ,atheri", or speak about to frie"ds. The 'rophet (pea+e be o" him) said4 Among those who will occup the worst position in the sight of Allah on the .a of /esurrection is the man who has intercourse with his wife an" she with him, an" then he sprea"s her secret. (Reported by Ahmad, Abu &aoud, a"d al-%a!!ar.) Abu $urairah "arrated, Allah's 3essenger (peace be on him) le" us in pra er, an" when he ha" finishe" he turne" towar" us an" sai", '/emain seate". Is there among ou the man who comes to his wife, closes the "oor, an" "raws the curtain, an" then goes out an" speaks about it, sa ing, #I "i" this an" I "i" that with m wife)# The remaine" silent. Then he turne" towar" the women an" aske", 'Is there among ou one who tells about such things)' A girl raise" herself on her knees so that the 3essenger of Allah (peace be on him) coul" see her an" listen to what she sai". &he sai", ';es, b Allah, the men talk about it an" the women "o, too.' Then the +rophet (peace be on him) sai", '.o ou know what those who "o this are like) The ones who "o this are like a male an" female "e!il who meet each other in the roa" an" satisf their "esire while the people look on. (Reported
by the +ompilers of Su"a".)

This emphati+ )ay of e3pressi", the matter should be suffi+ie"t to tur" the Muslim a)ay from su+h ill-+o"sidered a"d de,raded beha ior, )hi+h )ould make him or her resemble a de ilG

C&-T'ACEPTI&The preser atio" of the huma" spe+ies is u"questio"ably the primary ob1e+ti e of marria,e, a"d su+h preser atio" of the spe+ies requires +o"ti"ued reprodu+tio". A++ordi",ly, #slam e"+oura,es ha i", ma"y +hildre" a"d has blessed both male a"d female pro,e"y. $o)e er, it allo)s the Muslim to pla" his family due to alid reaso"s a"d re+o,"i!ed "e+essities. The +ommo" method of +o"tra+eptio" at the time of the 'rophet (pea+e be o" him) )as +oitus i"terruptus, or )ithdra)al of the pe"is from the a,i"a 1ust before e1a+ulatio", thus pre e"ti", the e"tra"+e of seme". The Compa"io"s of the 'rophet (pea+e be o" him) e",a,ed i" this pra+ti+e duri", the period the *ur'a" )as bei", re ealed to him. /arrated .abir, (e practice" coitus interruptus "uring the time of the 3essenger of Allah (peace be on him) while the 6ur'an was being re!eale". (Reported by al-%ukhari a"d Muslim ) #" a ersio" tra"smitted by Muslim, he said, (e practice" coitus interruptus "uring the time of the 3essenger of Allah (peace be on him). $e came to know about it, but he "i" not prohibit it. A ma" +ame to the 'rophet (pea+e be o" him), sayi",, -# ha e a sla e ,irl. # desire )hat me" desire, but # do "ot )a"t her to be+ome pre,"a"t, so # pra+ti+e +oitus i"terruptus )ith her. The .e)s say that this is a mi"or form of buryi", your +hildre" ali e-. The 'rophet (pea+e be o" him) said, #The 'ews are wrong. If Allah wishes to create a chil", ou cannot pre!ent it,# (Reported

mea"i", that despite the employme"t of +oitus i"terruptus, a drop of seme" mi,ht ha e bee" deposited i" the a,i"a )ithout his a)are"ess, resulti", i" +o"+eptio".
by Abu &aoud, #b" Ma1ah2 al-/isai, a"d al-Tirmidhi.)

#" a ,atheri", at )hi+h 'Fmar )as prese"t, someo"e remarked, -Some say that +oitus i"terruptus is a mi"or form of buryi", a +hild ali e.- 'All the" said, -This is "ot so before the +ompletio" of se e" sta,es4 bei", a produ+t of the earth, the" a drop of seme", the" a +lot, the" a little lump of tissue, the" bo"es, the" bo"es +lothed )ith flesh, )hi+h the" be+ome like a"other +reatio".- (Ali
)as paraphrasi", the *ur'a" ;549;-96, +o"sideri", the +reatio" of Adam from )et earth as the first sta,e of de elopme"t of e ery huma" foetus. (Tra"s.)) -Cou are ri,ht,- said 'Fmar. -May Allah prolo", your life.-

8alid 'easons for Contraception The first alid reaso" for employi", +o"tra+eptio" is the fear that the pre,"a"+y or deli ery mi,ht e"da",er the life or health of the mother2 past e3perie"+e or the opi"io" of a reliable physi+ia" are the ,uides i" determi"i", this possibility. Allah Ta'ala says4 ...An" "o not be cast into ruin b our own han"s....(;49E:) ...An" "o not kill oursel!es; in"ee", Allah is e!er merciful to ou. (64;E) A"other reaso" is the fear that the burde" of +hildre" may straite" the family's +ir+umsta"+es so mu+h that o"e mi,ht a++ept or do somethi", haram to satisfy their "eeds. Allah says4 ...Allah "esires ease for ou, an" $e "oes not "esire har"ship for ou.... (;49<:) ...It is not Allah's "esire to place a bur"en upon ou....(:4B (=)) A,ai", fear that the +hildre"'s health or upbri",i", may suffer may be a alid reaso". >" the authority of Fsama ib" Dayd, Muslim i" his Sahih reported that a ma" +ame to the Messe",er of Allah (pea+e be o" him), sayi",, -# pra+ti+e +oitus i"terruptus )ith my )ife.- -7hy do you do that8- asked the 'rophet (pea+e be o" him). $e said, -# fear for her +hild,- or he may ha e said, -for her +hildre".- The Messe",er of Allah (pea+e be o" him) the" said, #If it (the pregnanc of a nursing mother) were harmful, it woul" ha!e harme" the +ersians an" the *reeks.# A"other alid reaso" is the fear that the "e) pre,"a"+y or a "e) baby mi,ht harm a pre ious su+kli", +hild. The 'rophet (pea+e be o" him) termed i"ter+ourse )ith a "ursi", mother, or rather the i"ter+ourse )hi+h results i" pre,"a"+y )hile the mother is still "ursi", a baby, -,heelah,- thi"ki", that pre,"a"+y )ould rui" the milk a"d )eake" the su+kli", i"fa"t. Si"+e he )as ,reatly +o"+er"ed )ith the )elfare of his ummah, he dissuaded them from )hat )as harmful. Amo", his perso"al opi"io"s (The 'rophet sometimes e3pressed his perso"al opi"io"s i" )orldly matters, )hi+h he disti",uished from his bi"di", 1ud,me"ts i" matters of reli,io". (Tra"s.)) )as the sayi",, #.o not kill our chil"ren secretl , for gheelah o!ertakes the ri"er an" throws him from the horse.# (Reported
by Abu &aoud. #t is said that the +hild )ho "urses from a pre,"a"t mother )ill suffer from it i" later life like a horsema" )ho is thro)" from his horse. (Tra"s ))

The 'rophet (pea+e be o" him) did "ot, ho)e er, ,o so far as to prohibit i"ter+ourse )ith a "ursi", mother, as he "oted that the 'ersia"s a"d ?reeks, the t)o most po)erful "atio"s of his time, pra+ti+ed it )ithout a"y resulti", i"1ury to their +hildre". Moreo er, he feared that it )ould be a ,reat hardship for husba"ds to abstai" from their )i es duri", the period of su+kli",, )hi+h may last up to t)o years. $e said, I inten"e" to prohibit gheelah, but I consi"ere" the +ersians an" the *reeks an" saw that the suckle" their chil"ren "uring pregnanc without an injur being cause" to their chil"ren as a result. (Reported by Muslim.) #b" al-*ayyim, i" dis+ussi", the relatio"ship of this hadith to the o"e quoted 1ust before it, -&o "ot kill your +hildre" se+retly...- says, The 'rophet (pea+e be o" him) sa) that pre,"a"+y harms the su+kli", i"fa"t i" the same )ay as bei", thro)" off a horse harms a rider4 it is i"1urious, but "ot to the e3te"t of killi", the baby. $e ad ised them to a oid i"ter+ourse leadi", to pre,"a"+y )hile

the )oma" is "ursi", a" i"fa"t but did "ot prohibit it. $e the" i"te"ded to prohibit it i" order to sa e the health of the su+kli", +hild but reali!ed that the resulti", hardship to the husba"d, espe+ially for you", o"es, )ould be mu+h more i"1urious to the so+iety. >" bala"+i", these matters, therefore, he preferred "ot to prohibit it. Moreo er, he sa) that (i") the t)o most po)erful a"d populous "atio"s of his time, ()ome") su+kled their +hildre" duri", pre,"a"+y )ithout its affe+ti", their stre",th or "umbers, a"d a++ordi",ly he refrai"ed from prohibiti", it.
(Miftah &ar al-Sa'adah by #b" al-*ayyim, p. =;@2 also see Dad al-Mi'ad, ol. 6 p. ;=)

#" our time "e) methods of +o"tra+eptio" are a ailable )hi+h reali!e the ob1e+ti e i"te"ded by the 'rophet (pea+e be o" him), that of prote+ti", the su+kli", i"fa"t from a"y possible harm )hi+h may >++ur due to the pre,"a"+y of its mother, (Althou,h the primary issue dis+ussed here is the )elfare of the +hild, the mother's health a"d )ell-bei", is also a" ob1e+t of +o"+er" here as )ell. (Tra"s.)) )hile at the same time a oidi", the hardship to the husba"d i" abstai"i", from se3ual relatio"s )ith his "ursi", )ife. (rom this )e may +o"+lude that from the #slami+ poi"t of ie) the ideal spa+i", bet)ee" t)o +hildre" is thirty mo"ths, or, if o"e )a"ts to "urse the baby for t)o full years, (T)o full years is the ma3imum period for the su+kli", of a" i"fa"t i" #slam. (Tra"s.)) thirty-three mo"ths. #mam Ahmad bi" $a"bal is of the opi"io" that +o"tra+eptio" requires the +o"se"t of the )ife, be+ause she has a ri,ht both to se3ual e"1oyme"t a"d to de+ide )hether or "ot she )a"ts a +hild. #t is reported that 'Fmar forbade the pra+ti+e of +oitus i"terruptus )ithout the +o"se"t of the )ife. This )as, o" the part of #slam, a "ote)orthy step to)ard establishi", the ri,hts of )ome" i" a" a,e i" )hi+h they had "o ri,hts.

Abortion 7hile #slam permits pre e"ti", pre,"a"+y for alid reaso"s, it does "ot allo) doi", iole"+e to the pre,"a"+y o"+e it o++urs. Muslim 1urists a,ree u"a"imously that after the foetus is +ompletely formed a"d has bee" ,i e" a soul, aborti", it is haram. #t is also a +rime, the +ommissio" of )hi+h is prohibited to the Muslim be+ause it +o"stitutes a" offe"se a,ai"st a +omplete, li e huma" bei",. .urists i"sist that the payme"t of blood mo"ey (diya) be+omes i"+umbe"t if the baby )as aborted ali e a"d the" died, )hile a fi"e of lesser amou"t is to be paid if it )as aborted dead. $o)e er, there is o"e e3+eptio"al situatio". #f, say the 1urists, after the baby is +ompletely formed, it is reliably esthat the +o"ti"uatio" of the pre,"a"+y )ould "e+essarily result i" the death of the mother, the", i" a++orda"+e )ith the ,e"eral pri"+iple of the Shari'ah, that of +hoosi", the lesser of t)o e ils, abortio" must be performed. (or the mother is the ori,i" of the foetus2 moreo er, she is established i" life, )ith duties a"d respo"sibilities, a"d she is also a pillar of the family. #t )ould "ot be possible to sa+rifi+e her life for the life of a feotus )hi+h has "ot yet a+quired a perso"ality a"d )hi+h has "o respo"sibilities or obli,atio"s to fulfill. (Al-(ata)a by Shaikh Shaltut p. 9=6.) #mam al-?ha!!ali makes a +lear disti"+tio" bet)ee" +o"tra+eptio" a"d abortio", sayi",, Co"tra+eptio" is "ot like abortio". Abortio" is a +rime a,ai"st a" e3isti", bei",. /o), e3iste"+e has sta,es. The first sta,es of e3iste"+e are the settli", of the seme" i" the )omb a"d its mi3i", )ith the se+retio"s of the )oma". (#t )as the" belie ed that the mi",li", of the seme" )ith the se+retio"s of the )oma" i" the uterus +aused pre,"a"+y. (Tra"s.)) #t is the" ready to re+ei e life. &isturbi", it is a +rime. 7he" it de elops further a"d be+omes a lump, aborti", it is a ,reater +rime. 7he" it a+quires a soul a"d its +reatio" is +ompleted, the +rime be+omes more ,rie ous. The +rime rea+hes a ma3imum serious"ess )he" it is +ommitted after it (the foetus) is separated (from the mother) ali e. (A#-#hya,
book of -Al-/ikah- (Marria,e), p. B6.)

!I8&'CE Marria,e, as stated pre iously, is a stro", bo"d by mea"s of )hi+h Allah 1oi"s a ma" a"d a )oma". 7hile they are -si",le- as i"di idual huma" bei",s, after marria,e they are termed a -+ouple.- Marria,e makes of them a pair, a"d thus the sorro) a"d 1oy of the o"e are equally the sorro) a"d 1oy of the other. The *ur'a" des+ribes this bo"d i" beautiful a"d i id la",ua,e4 ...The (wi!es) are our garments an" ou are their garments.... (;49<B) mea"i", that ea+h is the prote+tio", the +o eri",, the support, a"d the ador"me"t of the other. (A#-Tirmidhi tra"smitted that
Abu $urairah reported Allah's Messe",er (pea+e be o" him) as sayi",, -The %elie ers )ho sho) the most perfe+t faith are those )ho ha e the best dispositio", a"d the best of you are those )ho are best to their )i es.- #" a hadith "arrated by 'Aishah, the last )ords are -a"d are ki"dest to their families,- as tra"smitted by al-Tirmidhi. (Tra"s.))

Ha+h of the t)o spouses has ri,hts i" re,ard to the other )hi+h must be re+o,"i!ed a"d )hi+h are "ot to be dimi"ished. These mutual ri,hts are equi ale"t e3+ept i" relatio" to )hat is parti+ular to me" by irtue of their "atural positio", as Allah says4 ...An" the (women) ha!e (rights) similar to those (of men) o!er them in an honorable fashion, but men ha!e a "egree o!er them. (;4;;<) This -de,ree- (dara1ah) is related to me"'s role as the mai"tai"ers a"d leaders of the family. A ma" asked the 'rophet (pea+e be o" him), -> Messe",er of Allah, )hat ri,hts may a )ife dema"d of her husba"d8- $e replied, That ou shoul" fee" her (with the same stan"ar") as ou fee" ourself, clothe her as ou clothe ourself, that ou shoul" ne!er hit her face or put her "own, or cut ourself off from her unless it occurs in the house. (Reported by Abu &aoud
a"d by #b" $ibba" i" his Sahih.)

A++ordi",ly, it is "ot permissible for the Muslim husba"d to "e,le+t to pro ide his )ife )ith food a"d +lothi",. A hadith states, #(asting the sustenance of his "epen"ents is sufficient sin for a man.# (Reported by Abu &aoud, al-/isai, a"d al-$akim.) Striki", her o" the fa+e is also prohibited, si"+e it is a" i"sult to her huma" di,"ity as )ell as bei", a da",er to the most beautiful part of her body. A"d if the Muslim is pushed to dis+ipli"e his )ife i" the e e"t of ope" rebellio", )he" all other methods ha e failed, he is "ot allo)ed to beat her i" a ma""er )hi+h +auses pai" or i"1ury, a"d he is most +ertai"ly "ot permitted to tou+h her fa+e or other easily i"1ured parts of her body. Similarly, the Muslim is "ot permitted to re ile, +urse, or say i"sulti", )ords to his )ife. Co"+er"i", the ri,hts of the husba"d, the 'rophet (pea+e be o" him) said, It is not lawful for a woman who belie!es in Allah to allow an one in her husban"'s house while he "islikes it. &he shoul" not go out of the house if he "islikes it an" shoul" not obe an one who contra"icts his or"ers. &he shoul" not refuse to share his be". (Mea"i", that she should "ot de"y him se3ual a++ess )he" he desires it. (Tra"s )) &he shoul" not beat him (in case she is stronger than he). If he is more in the wrong than she, she shoul" plea" with him until he is reconcile". If he accepts her plea"ing, well an" goo", an" her plea will be accepte" b Allah; while if he is not reconcile" with her, her plea will ha!e reache" Allah in an case. (Reported by al-$akim.)

Mutual Tolerance $et#een Husband and

ife

A husba"d must be patie"t )ith his )ife if he sees somethi", i" her )hi+h he disappro es a"d dislikes. $e should re+o,"i!e that he 9S deali", )ith a huma" bei", )ith "atural imperfe+tio"s, a"d he should bala"+e her ,ood qualities )ith her faili",s. The 'rophet (pea+e be o" him) said, 0et a belie!ing man not "islike a belie!ing woman. If something in her is "ispleasing to him, another trait ma be pleasing.

A"d Allah Ta'ala says, ...An" consort with them in kin"ness, for if ou "islike them, it ma be that ou "islike something in which Allah has place" much goo". (649E) 7hile o" the o"e ha"d #slam requires the me" to be tolera"t a"d patie"t )ith )hat he dislikes i" his )ife, o" the other it +omma"d the )ife to try to please her husba"d as far as her ability a"d +harm l allo), a"d )ar"s her "ot to let a "i,ht pass duri", )hi+h her husba"d remai"s a",ry )ith her. A hadith states4 There are three (persons) whose salat "oes not rise e!en a single span abo!e their hea"s% a man lea"ing a congregational salat while the people hate him, a woman passing the night while her husban" is angr with her, an" two 5uarreling brothers. (Reported by #b" Ma1ah a"d by #b" $ibba" i" his Sahih.)

'ebelliousness and Strife %e+ause of his "atural ability a"d his respo"sibility for pro idi", for his family, the ma" is the head of the house a"d of the family. $e is e"titled to the obedie"+e a"d +ooperatio" of his )ife, a"d a++ordi",ly it is "ot permissible for her to rebel a,ai"st his authority, +ausi", disruptio". 7ithout a +aptai" the ship of the household )ill flou"der a"d si"k. #f the husba"d se"ses that feeli",s of disobedie"+e a"d rebellious"ess are risi", a,ai"st him i" his )ife, he should try his best to re+tify her attitude by ki"d )ords, ,e"tle persuasio", a"d reaso"i", )ith her. #f this is "ot helpful, he should sleep apart from her, tryi", to a)ake" her a,reeable femi"i"e "ature so that sere"ity may be restored a"d she may respo"d to him i" a harmo"ious fashio". #f this approa+h fails, it is permissible for him to beat her li,htly )ith his ha"ds, a oidi", her fa+e a"d other se"siti e areas. #" "o +ase should he resort to usi", a sti+k or a"y other i"strume"t )hi+h mi,ht +ause pai" a"d i"1ury. Rather this -beati",- should be of the ki"d )hi+h the 'rophet (pea+e be o" him) o"+e, )he" a",ry )ith his ser a"t, me"tio"ed to him, sayi",, If it were not for the fear of retaliation on the .a of /esurrection, I woul" ha!e beaten ou with this miswak (tooth< cleaning stick). (Reported by #b" Sa'd i" his Tabaqat.) The 'rophet (pea+e be o" him) admo"ished me" +o"+er"i", beati", their )i es, sayi",, #,one of ou must beat his wife as a sla!e is beaten, an" then ha!e intercourse with her at the en" of the "a .# (Reported by Ahmad2 al-%ukhari has somethi", similar to it.) #t )as reported to the 'rophet (pea+e be o" him) that some of his Compa"io"s beat their )i es, )hereupo" he said, #2ertainl those are not the best among ou.# (Reported by Ahmad, Abu &aoud
a"d al-/isai. #b" $ibba" a"d al-$akim +lassify it as sou"d, as "arrated by #yas ib" 'Abdullah ib" Abu &hiab.)

Says #mam al-$afi! ib" $a1ar, The sayi", of the 'rophet (pea+e be o" him), 'The best amo", you do "ot beat,' +ould imply that beati", )i es is i" ,e"eral permissible. To be spe+ifi+, o"e may beat o"ly to safe,uard #slami+ beha ior a"d if he (the husba"d) sees de iatio" o"ly i" )hat she must do or obey i" relatio" to him. #t is preferable to )ar" (her), or somethi", of the sort, a"d as lo", as it is possible to a+hie e thi",s throu,h )ar"i",, a"y use of for+e is disallo)ed be+ause for+e ,e"erates hatred, )hi+h is i"imi+al to the harmo"y e3pe+ted i" marria,e. (or+e is applied o"ly )he" si" a,ai"st Allah Ta'ala (masiyah) is feared. Al-/isai has reported 'Aishah as sayi",, 'The 'rophet (pea+e be o" him) "e er beat a"y of his )i es or ser a"ts2 i" fa+t, he did "ot strike a"ythi", )ith his ha"d e3+ept i" the +ause of Allah or )he" the prohibitio"s of Allah )ere iolated, a"d he retaliated o" behalf of Allah.'((ath al-%ari, ol. E, p. ;6E.) #f all of these approa+hes fail, a"d the rift bet)ee" the husba"d a"d )ife deepe"s, the matter the" de ol es o" the #slami+ so+iety for solutio". T)o i"di iduals of ,ood )ill a"d sou"d 1ud,eme"t, o"e from the )ife's a"d o"e from the husba"d's side, should meet )ith the +ouple i" order to try to resol e their differe"+es. 'erhaps the si"+erity of their efforts may bear fruit a"d Allah may bri", about re+o"+iliatio" bet)ee" the spouses.

These arious approa+hes are stated by Allah Ta'ala i" the follo)i", ayah. ...An" as for those women on whose part ou fear stubbornness, (first) a"monish them; then refuse to share their be"s; an" (finall ) beat them (lightl ). Then if the return to obe"ience, "o not seek for a waagainst them; in"ee", Allah is3ost $igh, *reat. An" if ou fear breach between the two of them, appoint an arbiter from his famil an" an arbiter from her famil . If the "esire to set things aright, Allah will bring about reconciliation between them; in"ee", Allah is >nowing, Aware. (6456-5:)

hen !i.orce $ecomes Permissible #f all these efforts fail a"d e ery +ourse tried pro es to be of "o a ail, the husba"d may resort to the fi"al solutio" permitted by the Shari'ah of #slam. #" respo"se to the bitter realities of life, )he" diffi+ulties +a""ot be resol ed e3+ept throu,h the separatio" of the t)o parties i" a" ho"orable fashio", #slam has made the pro isio" of di or+e. #slam has permitted di or+e relu+ta"tly, "either liki", "or +omme"di", it. Said the 'rophet (pea+e be o" him), #Among lawful things' "i!orce is most hate" b Allah.#(Reported by Abu &aoud.) That a thi", is la)ful yet detested by Allah mea"s that it is permissible u"der u"a oidable +ir+umsta"+es, )he" li i", to,ether be+omes a torture, mutual hatred is deep-seated, a"d it be+omes diffi+ult for the t)o parties to obser e the limits of Allah a"d to fulfill their marital respo"sibilities. #" su+h a situatio" separatio" is better, a"d Allah Ta'ala says, 4ut if the separate, Allah will pro!i"e for each of them out of $is abun"ance.... (6495@)

!i.orce in the Pre1Islamic Period #slam is "ot alo"e amo", reli,io"s i" permitti", di or+e. 'rior to its ad e"t, apart from a ery fe) so+ieties, di or+e )as allo)ed e ery)here i" the )orld. #t )as a +ommo" o++urre"+e that )he" a ma" be+ame a",ry )ith his )ife, he )ould tur" her out of the house, )ith or )ithout a 1ust +ause, a"d the )ife had "o le,al re+ourse a,ai"st him "or a"y +laim o" his property, "or e e" a ri,ht to support mo"ey or +ompe"satio". F"+o"ditio"al a"d u"restrai"ed di or+e )as allo)ed amo", the a"+ie"t ?reeks )he" their +i ili!atio" )as as+e"da"t. F"der Roma" la) a 1ud,e )as empo)ered to a""ul a marria,e e e" if the t)o parties had i"+luded a pro isio" a,ai"st di or+e i" their marria,e +o"tra+t, si"+e the possibility of di or+e )as re,arded as a part of the marria,e +o"tra+t. &uri", the earlier period of Roma" +i ili!atio" the reli,ious marria,e made "o pro isio" for di or+e, but at the same time the husba"d )as ,i e" absolute po)er o er his )ife2 for e3ample, u"der +ertai" +ir+umsta"+es it )as la)ful for him to kill her. As time passed, the reli,ious la) )as brou,ht i"to +o"formity )ith the +i il la), )hi+h permitted di or+e.

!i.orce in 7udaism .udaism impro ed the status of the )ife but it also broade"ed the s+ope of di or+e. The reli,ious la) requires that the husba"d di or+e the )ife if moral deli"que"+y is pro ed a,ai"st her, e e" thou,h he may prefer to for,i e her2 like)ise, he is required to di or+e her if she does "ot bear him +hildre" throu,hout a period of te" years of married life.

!i.orce in Christianit% Christia"ity sta"ds alo"e amo", the reli,io"s )e ha e me"tio"ed, i" disti"+tio" e e" to .udaism, i" prohibiti", both di or+e a"d marria,e to di or+ed me" a"d )ome". .esus (pea+e be o" him) is reported to ha e said, -#t )as also said, '7hoe er di or+es his )ife must ,i e her a +ertifi+ate of di or+eme"t. %ut # tell you, )hoe er di or+es his )ife, e3+ept o" the ,rou"ds of adultery, +auses her to +ommit adultery2 a"d )hoe er marries a )oma" )ho has bee" di or+ed +ommits adultery. (A#-#slam &i" 'Am 0halid by (arid 7a1di, p. 9B;.) - (Matt. :459-5;) -A"d he said to them, '7hoe er di or+es his )ife a"d marries a"other, +ommits adultery a,ai"st her2 a"d if a )oma" di or+es her husba"d a"d marries a"other, she +ommits adultery.' - (Mark 9@499-9;) The reaso" for this is ,i e" i" the ?ospels i" the )ords, -7hat therefore ?od has 1oi"ed to,ether, let "o ma" put asu"der.'' (Matt. 9E4=, Mark 9@4E.) This stateme"t is +orre+t i" the se"se that, si"+e the husba"d a"d )ife are married by ?od's permissio" a"d le,islatio", o"e may say that ?od has 1oi"ed them to,ether, althou,h it is the ma" )ho e"ters i"to the marria,e +o"tra+t. #" similar fashio", si"+e ?od has permitted a"d le,islated di or+e i" relatio" to +ertai" reaso"s a"d +ir+umsta"+es, o"e may say that ?od has separated them, e e" thou,h the ma" impleme"ts the di or+e. #t thus be+omes +lear that "o ma" puts asu"der )hat ?od has 1oi"ed to,ether, for 1oi"i", to,ether a"d putti", asu"der is i" the ha"ds of Almi,hty ?od, a"d is it "ot ?od $imself 7ho puts them asu"der due to the reaso" of se3ual immorality8

!ifferences Among Christian !enominations 'egarding !i.orce The /e) Testame"t ?ospels do make a" e3+eptio" )ith re,ard to the prohibitio" of di or+e i" the +ase of se3ual immorality. Some Catholi+s, ho)e er, try to e3plai" a)ay e e" this e3+eptio" by sayi",, -The mea"i", here is "ot that adultery is a" e3+eptio" i" the +ase of )hi+h di or+e is permitted, be+ause i" Christia" la) there is "o di or+e. The phrase, 'H3+ept for u"+hastity,' mea"s that the marria,e itself is a""ulled, si"+e its le,ality a"d +orre+t"ess ha e bee" iolated2 thus, )hile it is seemi",ly a marria,e, i" a+tuality it is adultery. Co"seque"tly, i" su+h a +ase it is permissible for the husba"d, or rather i"+umbe"t upo" him, to lea e the )oma".- (#" a +omme"tary o"
the ?ospel A++ordi", to Matthe), #"stitute of Copti+ Catholi+ Resear+h.)

The 'rotesta"t de"omi"atio"s permit di or+e o" the ,rou"ds of adultery, betrayal of the husba"d, a"d some other spe+ified reaso"s, i" additio" to those me"tio"ed i" the te3t of the ?ospels. $o)e er, some of these de"omi"atio"s prohibit the remarria,e of a di or+ed ma" or )oma". The +ou"+ils of the >rthodo3 Chur+h i" H,ypt permit its follo)ers the ri,ht of di or+e o" the ,rou"ds of adultery, as pro ided by the ?ospels, a"d for some other reaso"s su+h as sterility e3te"di", o er a period of three years, +hro"i+ ill"ess, a"d prolo",ed disse"sio" )hi+h appears to be irresol able.

Conse+uences of the Christian Stand on !i.orce As a result of this u"+ompromisi", sta"d of Christia"ity )ith re,ard to di or+e, people i" 7ester" +ou"tries )ere obli,ed to resort to +i il le,islatio" i" order to le,ali!e it. F"fortu"ately, ma"y of them, the Ameri+a"s, for e3ample, )e"t to a" e3treme of permissi e"ess i" the matter of di or+e so that it is ,ra"ted for quite tri ial reaso"s. Some 7ester" philosophers )ar" that this ease i" di or+e )ill dilute the sa"+tity of the marital bo"d a"d erode the ery fou"datio"s of family life. A

)ell-k"o)" 1ud,e de+lared that the time is "ot too far off )he", i" 7ester" +ou"tries, marria,e )ill be repla+ed by a loose a"d te"uous relatio"ship bet)ee" me" a"d )ome", similar to a +ommer+ial tra"sa+tio", )hi+h +a" be broke" for the most tri ial reaso"s. Si"+e there )ill be "o bo"d of reli,io" or lo e bet)ee" su+h a pair, they )ill be u"ited o"ly by their lusts a"d the desire to e3perie"+e a ariety of pleasures, a type of relatio"ship )hi+h is a,ai"st the tea+hi",s of e ery reli,io"4 This phe"ome"o" of re,ulati", perso"al affairs throu,h +i il la) is a,ai"st the tea+hi",s of e ery reli,io" a"d is "ot to be fou"d a"y)here i" the )orld e3+ept amo", the peoples of the Christia" 7est2 e e" $i"dus, %uddhists, a"d Doroastria"s obser e reli,ious i"1u"+tio"s i" the orderi", of their perso"al affairs. Althou,h )e may fi"d amo", them those )ho ha e made i""o atio"s i" the tea+hi",s of their reli,io"s i" matters of publi+ +o"+er", su+h i""o atio"s are "ot u"dertake" i" perso"al affairs, that is to say, i" marria,e, di or+e, a"d )hat pertai"s to family life. (As quoted i"
$uquq al-i"sa" fil-lslam ($uma" Ri,hts i" #slam), by 'Abd al-7ahid 7afi, p. <<.)

The Christian Stand on !i.orce/ A Temporar% In2unction, -ot a Permanent )a# A serious stude"t of the ?ospels +a""ot es+ape the +o"+lusio" that )hat .esus (pea+e be o" him) tau,ht )as i"te"ded to +orre+t e3+esses i"trodu+ed i"to the di i"e la) by the .e)s. $is tea+hi",s, i"+ludi", his stateme"ts +o"+er"i", di or+e, )ere "e er i"te"ded to be take" as perma"e"t la) for the )hole of ma"ki"d. #" the ?ospel a++ordi", to Matthe) )e fi"d the follo)i", dialo,ue bet)ee" .esus a"d the 'harisees4 A"d the 'harisees +ame to him a"d put him to the test by aski",, '#s it lato dismiss o"e's )ife for a"y +ause8' $e replied, '$a e you "e er read that -$e 7ho made them fthe be,i""i", made them male a"d female, a"d said, '(or this reaso" a ma" shall lea e his father a"d mother a"d shall be 1oi"ed i"separably to his )ife, a"d the t)o shall be+ome o"e flesh8 ' (?e". 94;B, ;4;6) So they are "o lo",er t)o but o"e flesh. 7hat therefore ?od has 1oi"ed to,ether, let "ot ma" put asu"der.' They said to him, '7hy the" did Moses +omma"d (us) to ,i e a +ertifi+ate of di or+e, a"d thus to dismiss a )ife8' (&eut. ;649-6). $e said to them, '%e+ause of the hard"ess of your hearts Moses permitted you to dismiss your )i es2 but from the be,i""i", it has "ot bee" so (ordai"ed). # say to you4 )hoe er dismisses his )ife, e3+ept for u"+hastity, a"d marries a"other, +ommits adultery, a"d he )ho marries a di or+ed )oma" +ommits adultery.' The dis+iples said to him, '#f the +ase of a ma" )ith his )ife is like that, it is "either profitable "or ad isable to merry.' (Matt. 9E45-9@) (rom this dialo,ue it is +lear that by restri+ti", the permissibility of di or+e to the +ase of u"+hastity alo"e, .esus i"te"ded to +orre+t the e3+esses of the .e)s i" the i"dis+rimi"ate appli+atio" of di or+e, )hi+h )as permitted u"der Mosai+ Aa). This )as ob iously a temporary remedy, abro,ated by the perma"e"t a"d u"i ersal la) of #slam brou,ht by 'rophet Muhammad (pea+e be o" him). To suppose that .esus (pea+e be o" him) i"te"ded to make this a" eter"al la) for all ma"ki"d does "ot appeal to reaso". 7e see that his dis+iples, the most si"+ere of his follo)ers, )ere a,hast at su+h a harsh de+ree, sayi",, -#f the +ase of a ma" )ith his )ife is like that, it is "either profitable "or ad isable to marry,- that is, the mome"t a ma" marries a )oma" he puts a yoke arou"d his "e+k )hi+h it is impossible to remo e, re,ardless of ho) miserable their life to,ether may be+ome be+ause of mutual hatred a"d i"+ompatibility of temperame"ts. As a )ise ma" has aptly said, -The ,reatest torme"t i" life is a +ompa"io" )ho "either a,rees )ith you "or lea es you alo"e.-

The Islamic )imits for the 'egulation of !i.orce The #slami+ Shari'ah has pla+ed a "umber of obsta+les i" the )ay of di or+e i" order to +o"fi"e it )ithi" the "arro)est possible +ompass. &i or+e )ithout la)ful "e+essity a"d )ithout first e3hausti", all the other mea"s me"tio"ed earlier of resol i", the +o"fli+t is u"la)ful a"d is prohibited i" #slam. Some 1urists mai"tai", it is i"1urious to both husba"d a"d )ife, u""e+essarily dama,i", the i"terests of the t)o, )hi+h, like the )asti", of property, is haram. #.o not harm ourself or others,#(Al-Mu,h"i by #b" *adamah, ol. B, p. BB. This hadith is tra"smitted by #b" Ma1ah a"d al-&arqut"i.) the 'rophet (pea+e be o" him) has i"stru+ted us. 'eople )ho di or+e their spouses a"d marry others i" order to e"1oy a ariety of se3ual part"ers are liked "either by Allah "or by $is Messe",er (pea+e be o" him). The 'rophet (pea+e be o" him) +alled them -the tasters,- sayi",, #I "o not like the tasters, men an" women,# (Reported by alTabara"i a"d al-&arqut"i ) a"d, #Allah "oes not like the tasters, men an" women.# (A#-Tabara"i i" al0abir, o" the authority of ,ood tra"smitters.)

Said 'Abdullah bi" 'Abbas, -&i or+e is (o"ly) i" the +ase of "e+essity.-

The Prohibition of !i.orcing !uring Menstruation 7he" di or+e be+omes "e+essary, it is "ot permissible for the Muslim to impleme"t it a"y time he pleases2 he must )ait for a suitable time. A++ordi", to the Shari'ah, this suitable time is )he" the )oma" is +lea" follo)i", her me"strual period or the period of puerperal dis+har,e follo)i", +hildbirth a"d before her husba"d has resumed se3ual relatio"s )ith her, or )he" she is pre,"a"t a"d her husba"d is a)are of her pre,"a"+y. The reaso" for prohibiti", di or+e duri", me"struatio" or the period of puerperal dis+har,e is that, si"+e duri", su+h periods se3ual i"ter+ourse is haram, the idea of di or+e may +ome to a ma"'s mi"d be+ause of se3ual frustratio" a"d "er ous te"sio". $e is therefore ad ised to )ait u"til his )ife is +lea" a"d to di or+e her the", if he is i"te"t o" di or+e, before the resumptio" of marital relatio"s. .ust as di or+e duri", me"struatio" is haram, it is like)ise haram bet)ee" me"struatio" periods (i.e., -the period of purity-) if the husba"d has had i"ter+ourse )ith his )ife follo)i", the termi"atio" of her pre ious period. %e+ause it is possible that she may ha e be+ome pre,"a"t from this u"io", the husba"d may +ha",e his mi"d +o"+er"i", di or+e )he" he k"o)s that his )ife is +arryi", a +hild, desiri", to stay married to her for the sake of the embryo i" her )omb. $o)e er, )he" the )ife is i" the period of purity but he has "ot had i"ter+ourse )ith her follo)i", the termi"atio" of her me"ses, or )he" she is pre,"a"t a"d he is a)are of it, he )ill be able to as+ertai" that his i"te"tio" to di or+e her is the result of deep-seated a"tipathy, a"d a++ordi",ly is permitted to +arry throu,h )ith the di or+e. #" the Sahih of al-%ukhari, it is tra"smitted that 'Abdullah bi" 'Fmar di or+ed his )ife duri", her me"strual period. 7he" 'Fmar me"tio"ed the matter to the Messe",er of Allah (pea+e be o" him) he be+ame a",ry, sayi",, $e must take her back. If he still wishes to "i!orce her he ma "o so when she is clean of the menstrual "ischarge before ha!ing intercourse with her, for that is the perio" of waiting which Allah has prescribe" for "i!orce, referring to the a ah, '- +rophet, when ou (men) "i!orce women, "i!orce them "uring the prescribe" perio"s.' (=:49) A"other ersio" of this hadith reads, 2omman" him to take her back an" then "i!orce her when she is clean from the menstrual "ischarge or (otherwise) is pregnant.

A questio" "o) remai"s4 #f a perso" does di or+e his )ife duri", these prohibited periods, does the di or+e be+ome effe+ti e or "ot8 The pre aili", opi"io" is that it does be+ome effe+ti e, althou,h the husba"d )ill be +o"sidered si"ful. $o)e er, some 1urists hold that, as Allah did "ot le,islate it, it does "ot be+ome effe+ti e, a"d )hate er is "ot le,al +a""ot be +orre+t "or e"for+ed. Abu &aoud, o" sou"d authority, has tra"smitted that )he" 'Abdullah bi" 'Fmar )as asked, -7hat )ould you say if a ma" )ere to di or+e his )ife duri", me"struatio"8- he related his o)" story of di or+i", his )ife duri", her period a"d the 'rophet's +omma"di", him to take her ba+k, disre,ardi", his pro"ou"+eme"t of di or+e.

Taking an &ath of !i.orce #t is "ot permissible for the Muslim to take a" oath of di or+e, o)i", that if a parti+ular e e"t does "ot o++ur his )ife )ill be di or+ed, or to threate" her by sayi", that if she does this or that parti+ular thi", she )ill be di or+ed. #" #slam a" oath may be e3pressed o"ly i" o"e spe+ifi+ ma""er, that is, i" the "ame of Allah alo"e2 apart from this, "o other form of oath-taki", is permitted. The 'rophet (pea+e be o" him) said, #An one who swears b (an thing) other than Allah has committe" shirk,'' (Reported by Abu &aoud, al-Tirmidhi, a"d al-$akim.) a"d, #(hoe!er wants to take an oath shoul" take it in the name of Allah or keep silent.#
(Reported by Muslim.)

here the !i.orcee 'esides !uring the

aiting Period

The #slami+ Shari'ah requires that the di or+ed )oma" remai" i" her home, that is to say, her husba"d's house, for the duratio" of her 'iddah ()aiti", period). #t is "oIpermissible for her to mo e from the house, as it is like)ise "ot permissible for her husba"d to e i+t her )ithout a 1ust +ause. This requireme"t lea es the )ay ope", duri", the 'iddah follo)i", a first or se+o"d pro"ou"+eme"t of di or+e (#" the #slami+ Shari'ah the pro"ou"+eme"t of di or+e by the husba"d +o"stitutes a +omplete
a+t of di or+e i" itself, to be follo)ed by the required 'iddah or )aiti", period. #" order to simplify the dis+ussio", the )ord di or+e is here used to de"ote the di or+e pro"ou"+eme"t, i.e., the a+t of di or+e itself (Tra"s.)), for the husba"d to re ert to

his )ife )ithout the requireme"t of remarria,e. $er prese"+e i" the same house )ith him makes it quite probable that the mutual sympathy a"d lo e bet)ee" them may be reki"dled, )hile if she is pre,"a"t the passi", of m)ill make her pre,"a"+y ob ious, )hi+h may be a further i"du+eme"t to him to +ha",e his mi"d. #" a"y +ase, ample time is at their disposal to rthe )hole situatio". 7ith the heali", effe+t of time, feeli",s of a"tipathy may ,i e pla+e to affe+tio" a"d re+o"+iliatio", a"d the re itali!atio" of their lo e may o++ur. ...An" fear Allah, our 0or". .o not turn them out of their houses, nor shall the lea!e (of their own accor") unless the commit some clear immoralit ; an" these are the limits set b Allah. An" whoe!er transgresses Allah's limits in"ee" wrongs his own soul. Thou knowest not; it ma be that Allah will afterwar"s bring some new thing to pass. (=:49) #f the" they must separate, it should be do"e )ith di,"ity a"d ki"d"ess, )ithout mutual abuse, i"1ury, re+rimi"atio", or i"fri",eme"t of ri,hts. Says Allah Ta'ala4 ...8ither retain them in kin"ness or part with them in kin"ness....(=:4;) ...Then (either) retain her in honor or release her with kin"ness....(;4;;E) 7or "i!orce" women a pro!ision (shall be ma"e) in kin"ness, a "ut for those who are conscious of Allah. (;4;69)

'epeated !i.orce

The Muslim is allo)ed three +ha"+es, that is to say, three pro"ou"+eme"ts or a+ts of di or+e o" three differe"t o++asio"s pro ided that ea+h di or+e is pro"ou"+ed duri", the time )he" the )ife is i" the period of purity a"d he has had "o i"ter+ourse )ith her A husba"d may di or+e his )ife o"+e a"d let the 'iddah pass &uri", the period of 'iddah the t)o ha e the optio" of bei", re+o"+iled )ithout the "e+essity of remarria,e. #f, ho)e er, this )aiti", period e3pires )ithout re+o"+iliatio", they are "o) fully di or+ed. Ha+h of them is free to marry someo"e else or to remarry ea+h other2 should they )a"t to remarry ea+h other, a "e) marria,e +o"tra+t is required. #f after the first di or+e the husba"d is re+o"+iled )ith his )ife but later the hostility a"d +o"fli+t be,i" all o er a,ai", all efforts at re+o"+iliatio" a"d arbitratio" resulti", i" failure, he may di or+e her a se+o"d time i" the same ma""er as des+ribed abo e. #" this +ase, too, he +a" retur" to her duri", the 'iddah )ithout remarria,e, or after the 'iddah has e3pired throu,h a "e) marria,e +o"tra+t. %ut it may happe" that althou,h he is re+o"+iled )ith his )ife a,ai" after the se+o"d di or+e' he may later di or+e her for the third time. This )ill the" be a +lear proof that the hostility bet)ee" the t)o of them ru"s ery deep a"d that they are i"+apable of li i", to,ether. #f this third di or+e takes pla+e, it is "ot permissible for the husba"d to retur" to his )ife duri", her 'id d ah, "or may he remarry her after the 'iddah u"less she has bee" married to a"other ma", to li e )ith him as a perma"e"t a"d true )ife, a"d he the" subseque"tly di or+es her. #t is, ho)e er, totally prohibited for the other ma" to marry a"d di or+e her simply i" order to make her halal for her first husba"d. Those Muslims )ho utter three di or+e pro"ou"+eme"ts at o"e time or i" o"e stateme"t are rebels a,ai"st Allah's la) a"d are de iati", from the strai,ht path of #slam. >"+e the 'rophet (pea+e be o" him) )as i"formed about a ma" )ho had pro"ou"+ed three di or+es at o"e time. $e ,ot up i" a",er, sayi",, Is sport being ma"e of the 4ook of Allah while I am ( et) among ou) As a result, a man stoo" up an" sai", - 3essenger of Allah, shall I not kill him)
(Reported by al-/isai.)

'econciling Honorabl% or Separating #ith 3indness 7he" the husba"d has di or+ed his )ife a"d the period of 'iddah i= passi",, he has t)o alter"ati es4 either to re+o"+ile )ith her ho"orablythat is, to retur" to her )ith the i"te"tio" of li i", i" pea+e a"d harmo"y, a"d "ot i" order to torme"t or harm heror to free her a"d part )ith her i" ki"d"ess by allo)i", the iddah to e3pire )ithout ar,ume"ts a"d harsh )ords, a"d )ithout setti", aside a"y of their mutual ri,hts. #t is "ot la)ful for him to retur" to her 1ust before the 'iddah is due to e3pire i" order to torme"t her by prolo",i", the )aiti", period, thus depri i", her of the opportu"ity to marry someo"e else. This )as )hat )as do"e i" the period of 1ahiliyyah. Allah Ta'ala the" prohibited this i"1ury to )ome" i" a ery de+isi e ma""er, usi", a style of e3pressio" )hi+h makes the heart quake4 An" when ou ha!e "i!orce" women an" the ha!e fulfille" the term (of their 'i""ah), either retain them honorabl or release them honorabl ; but "o not retain them in or"er to injure them, for this is transgression, an" whoe!er "oes this has wronge" his own soul. An" "o not take the re!elations of Allah in mocker , but remember Allah's fa!or upon ou an" what $e has sent "own to ou of the 4ook an" the (is"om, to instruct ou b means of it. An" be conscious of Allah, an" know that Allah is aware of e!er thing. (;4;59)

A little refle+tio" upo" this "oble ayah of se e" phrases, +o"tai"i", )ar"i", after )ar"i",, remi"der after remi"der, ou,ht to be suffi+ie"t for a"yo"e )ho has a"y feeli", i" his heart or a"y heari", )he" it is re+ited.

The !i.orced

oman,s "reedom to 'emarr%

After the e3piratio" of the di or+ed )oma"'s 'iddah, "either her e3-husba"d, ,uardia", "or a"yo"e else +a" pre e"t her from marryi", a"yo"e she +hooses. As lo", as she a"d the ma" )ho proposes to her follo) the pro+edure required by the Shari'ah, "o o"e has the ri,ht to i"terfere. 7hat some me" of today do i" attempti", to pre e"t their e3-)i es from remarryi",, i"timidati", them a"d their families, is i" fa+t somethi", pertai"i", to 1ahiliyyah2 like)ise, )hat some families or ,uardia"s of di or+ed )ome" do to pre e"t them from retur"i", to their husba"ds )he" they )a"t to be re+o"+iled, as i"deed #+eace is better,# (649;<) is also of 1ahiliyyah. Allah Ta'ala says4 An" when ou "i!orce women an" the complete their term ('i""ah), "o not pre!ent them from marr ing their (former) husban"s if the agree among themsel!es in an honorable manner. This is to instruct those among ou who belie!e in Allah an" the 0ast .a . That is more !irtuous an" pure for ou; an" Allah knows an" ou "o not know. (;4;5;)

The

oman,s 'ight to !emand !i.orce

The )oma" )ho +a""ot bear to li e )ith her husba"d has the ri,ht to free herself from the marria,e bo"d by retur"i", to her husba"d the mahr (required marria,e ,ift) a"d ,ifts he has ,i e" her, or more or less tha" that a++ordi", to their mutual a,reeme"t. #t is, ho)e er, preferable that he should "ot ask for more tha" he has ,i e" her. Allah Ta'ala says4 ...An" if ou (the ju"ges) fear that the two ma not be able to keep to the limits or"aine" b Allah, there is no blame on either of them if she re"eems herself (from the marriage tie b returning all or part of the mahr)....(;4;;E) The )ife of Thabit bi" *ais +ame to the 'rophet (pea+e be o" him) a"d said, -> Messe",er of Allah, # do "ot approa+h Thabit bi" *ais i" respe+t of +hara+ter a"d reli,io", but # do "ot )a"t to be ,uilty of sho)i", a",er to him.''($er mea"i", )as that althou,h Thabit )as a ,ood ma", she )as u"able to ,et alo", )ith him a"d thus mi,ht "ot be able to sho) him the respe+t due to a husba"d. (Tra"s.)) The 'rophet (pea+e be o" him) asked her about )hat she had re+ei ed from him. She replied, -A ,arde".- $e asked, -7ill you ,i e him ba+k his ,arde"8- -Ces,- she said. The 'rophet (pea+e be o" him) the" told Thabit, #Accept the gar"en an" make one "eclaration of "i!orce.# (Reported by al-%ukhari a"d al/isai.)

#t is "ot permissible for )oma" to seek di or+e from her husba"d u"less she has bor"e illtreatme"t from him or u"less she has a" a++eptable reaso" )hi+h requires their separatio". Said the 'rophet (pea+e be o" him), If an woman asks her husban" for a "i!orce without some strong reason, the fragrance of the *ar"en will be forbi""en to her. (Reported by Abu &aoud.)

The Prohibition of ill1treatment #t is haram for the husba"d to torme"t a"d mistreat his )ife i" order to +ompel her to seek a di or+e so that she )ill retur" to him all or part of the property he has ,i e" her. >"ly if the )ife is ,uilty of +lear immorality may her husba"d dema"d the retur" of part of the mahr. #" this re,ard

Allah Ta'ala says4 ...,or shoul" ou treat them with harshness inor"er that ou ma take awa part of what ou ha!e gi!en them, (for ou ma not take it back) unless the are guilt of open lew"ness. (649E) #t is also haram for a husba"d to take ba+k a"ythi", from his be+ause he hates her a"d )a"ts to di or+e her so he +a" marry a"other )oma". As Almi,hty Allah says, 4ut if ou "eci"e to take one wife in the place of another, e!en if ou ha!e gi!en one of them a heap of gol", "o not take (back) an thing of it; woul" ou take it back b slan"er an" a manifest wrong) An" coul" ou take it back, when each of ou has been pri!atel with the other, an" the (the wi!es) ha!e taken a solemn co!enant from ou) (64;@-;9)

The Prohibition of the &ath of !esertion >"e of the aspe+ts of #slam's +o"+er" for the ri,hts of )ome" is that it prohibits a ma" to be so a",ry )ith his )ife as to dis+o"ti"ue se3ual relatio"s )ith her for a period )hi+h she +a""ot bear. #f this aba"do"me"t of se3ual relatio"s is a++ompa"ied by a" oath o" his part, he is ,i e" a limit of four mo"ths i" )hi+h to +alm do)" a"d re ert to her. #f he +omes to his se"ses a"d resumes se3ual relatio"s before the e3piratio" of the four mo"ths, it is possible that Allah may for,i e him for his e3+ess a"d ope" the door of repe"ta"+e to him2 ho)e er, he must still do the pe"a"+e pres+ribed for a broke" oath. #f, o" the other ha"d, this period e3pires a"d he has "ot retur"ed to her, his )ife is di or+ed from him as a 1ust pu"ishme"t for his "e,le+t of her ri,hts. Some 1urists hold 1ud,eme"t from a matter should be re+o"+iliatio" or di that the di or+e is automati+ at the e3piratio" of four mo"ths a"d that "o +ourt is "eeded. >thers, ho)e er, require that at the e"d of the period the referred to the 1udi+ial authority, )ho )ill the" ,i e them the optio" of or+e.

Su+h a" oath of abste"tio" from the )ife is te+h"i+ally k"o)" i" the Shari'ah as eela. Co"+er"i", it Allah Ta'ala says4 7or those who take an oath of abstention from their wi!es, a waiting perio" of four months (is or"aine"); if the return, in"ee", Allah is 7orgi!ing, 3erciful. 4ut if their intention is firm for "i!orce, then, in"ee", Allah is $earing, >nowing. (;4;;=-;;B) This period of four mo"ths has bee" spe+ified to ,i e the husba"d ample time to +alm himself a"d to restore the relatio"ship of his o)" olitio". Moreo er, four mo"ths is "ormally re,arded as the ma3imum period a )oma" +a" e"dure separatio" from her husba"d. Comme"tators o" the *ur'a" "arrate the follo)i", i"+ide"t i" support of this opi"io"4 >"e "i,ht duri", his +aliphate, )hile 'Fmar )as maki", a rou"d of Madi"ah, he heard a )oma" si",i",, The night is long, the "arkness all aroun" me; I am sleepless, for I ha!e no frien" to pla with. I swear b Allah that ha" there been no fear of $im, This cot woul" be shaking from si"e to si"e. Fpo" i" esti,atio", 'Fmar fou"d that the )oma"'s husba"d had bee" ,o"e o" a military e3peditio" for a lo", time. $e the" asked his dau,hter $afsah, the )ido) of the 'rophet (pea+e be o" him), -$o) lo", +a" a )oma" e"dure separatio" from her husba"d8- She replied, -(our mo"ths.- Subseque"tly, the +aliph of the %elie ers de+ided that he )ould "ot se"d a married ma" a)ay from his )ife for a period e3+eedi", four mo"ths.

The Re a#i$(shi1 Be#,ee( Pa"e(#s a(. Chi ."e(

The P"$#ec#i$( $! #he Li(ea)e

The child is an e,tension of his father and the bearer of his characteristics1 $uring his lifetime he is the 0oy of his father7s eyes& "hile after his death he represents a continuation of his e,istence and an embodiment of his immortality1 He inherits his features and stature as "ell as his mental /ualities and traits& both the good and the bad& the beautiful as "ell as the ugly& from his father1 The child is a part of his father7s heart and a piece of his body1 Allah #ubhanahu "a Ta7ala has ordained marriage and has forbidden adultery so that paternity may be established "ithout doubt or ambiguity and that the child may be referred to his father and the father to his sons and daughters1 Through marriage a "oman is reser'ed for one man8 it is haram for her to be unfaithful to him or to let anyone else ha'e access to "hat belongs e,clusi'ely to him1 Thus& e'ery child born to her in "edloc "ill be her husband7s child& "ithout any need for recognition or public proclamation of the fact by him or a corresponding claim on the part of the mother1 -The child is attributed to the one on whose bed it is born,- (5eported "# al-6ukhari and Muslim. Literall#( &The child "elongs to the "ed.& declared the Prophet of Islam 9peace be on him<1

The P"$hi&i#i$( $! De('i() Pa#e"(i#'

It is not permissible for the husband to deny his paternity of any child born to his "ife as long as they are married to each other1 #uch a denial "ould bring the ugliest shame imaginable upon both the "ife and the child1 He is& therefore& not allo"ed to ta e such a step on the basis of a mere suspicion& a sudden notion& or an e'il rumor1 If& ho"e'er& on the basis of e'idence "hich has come to his attention& he is con'inced that his "ife has betrayed him& the Shari.ah of Islam has no desire to force him to raise a child "hom he belie'es not to be his o"n or to let the child be his heir& orat the 'ery leastto allo" him to suffer from suspicion and doubt the rest of his life1 A "ay out of this dilemma& no"n in Islamic 0urisprudence as li.an+ is pro'ided by the Shari.ahA If a man is con'inced or strongly suspects& although "ithout ha'ing proof& that his "ife has had se,ual relations "ith another man and is carrying his child& he can ta e the case to a Muslim 0udge :-adi;A The -adi "ill as the man and his "ife to in'o e the curse of Allah on one another in the manner prescribed in Surah al-,ur1 As for those who accuse their wives but have no witnesses e%cept themselves, the testimony of one of them shall consist of bearing witness by Allah four times that he is of the truthful, and a fifth (time) that the curse of Allah be upon him if he is one of those who lie. And it shall avert the punishment from her if she bear witness by Allah four times that he is indeed of those who lie, and a fifth (time) that the wrath of Allah be upon her if he is among the truthful. 9-D:C3E< After this the t"o shall be separated permanently& and the child shall be identified by the name of his or her mother1

The P"$hi&i#i$( $! Le)a A.$1#i$(

=ust as it is haram for a man to deny his paternity of a child born to his "ife in "edloc & it is li e"ise haram for him to legally adopt a son of "hom he is not the natural father1 !i e peoples of other societies during the course of history& the Arabs of 0ahiliyyah used to add anyone they "ished to their lineage and family through adoption1 A man "ould adopt :tabanna+ 6to ma e one7s son6< any boy of his li ing as son :mutabanna;+ announce the fact to the public& and the boy "ould become li e a son to him& sharing the responsibilities and rights of his adopted family and ta ing its name1 The adoption "as effecti'e despite the fact that the adopted son might ha'e a no"n father and come from a no"n lineage1 This practice "as "idespread in Arab society at the ad'ent of Islam1 Before recei'ing the call to prophethood& the Prophet 9peace be on him< had himself adopted Haid bin Harithah& "ho had been captured as a child during one of the raids on his tribe "hich "ere common occurrences during the period of 6ahili$$ahA Ha im bin Hi5am had bought him for his aunt Fhadi0ah& and after her marriage to the Prophet 9peace be on him< Fhadi0ah presented Haid to him1 %hen Haid7s father and uncle learned his place of residence& they came to the Prophet 9peace be on him< to demand Haid7s return1 The Prophet 9peace be on him< ga'e Haid a choice& and he chose to stay "ith the Prophet 9peace be on him< in preference to his father and uncle1 The Prophet 9peace be on him< then set him free and adopted him as his son in the presence of others1 He "as thereafter called Haid ibn Muhammad and became the first of the freed sla'es to accept Islam1 *o" "hat is the 0udgement of Islam concerning such a system of adoption> Islam rightly 'ie"s this sort of adoption as a falsification of the natural order and of reality1 Ta ing a stranger into the family as one of its members8 and allo"ing him pri'acy "ith "omen "ho are not his muharrmat& nor he theirs& is a deception& for the man7s "ife is not the adopted son7s mother& nor is his daughter the boy7s sister nor is his sister his aunt& since all of them are non3mahrem to him1 Moreo'er& the adopted son ac/uires a claim on the inheritance of the man and his "ife& depri'ing the rightful& deser'ing relati'es of their inheritance1 #uch a situation arouses the anger of the real relati'es against the intruder "ho encroaches upon them and usurps their rights& depri'ing them of their full inheritance1 ('ince the )slamic Shari'ah specifies the share of an individual%s
propert# to which each near "lood relative is entitled, the legal adoption of a child who is not among such relatives, "ut who, "# virtue of adoption, is one of the heirs would naturall# create "itterness and hostilit# among the rightful heirs. (Trans.

(re/uently such anger leads to /uarrels and to the brea ing of relations among relati'es1 That is "hy the 4ur7an abolished this 6ahili system& prohibiting it totally and eradicating all its conse/uences1 #ays Allah Ta7ala: ...<or has &e made your adopted sons your (real) sons$ that is simply a saying of your mouths. +ut Allah spea"s the truth, and &e guides you to the (right way). 3all them by (the names of ) their fathers$ that is more (ust in the sight of Allah. +ut if you do not "now their fathers, they are your brothers-infaith and your wards....9;;:D3A< !et us ponder the 4ur7anic "ords& 6He has not made your adopted sons your 9real< sons8 that is simply a saying of your mouths16 This signifies that the declaration of adoption consists of "ords ha'ing no corresponding ob0ecti'e reality1 A mere pronouncement does not change realities& alter facts& or ma e a stranger a relati'e& or an adopted indi'idual a son1 A mere 'erbal e,pression or figure of speech cannot ma e the blood of a man run in the 'eins of the adopted son& produce feelings of fatherly affection in the man7s heart or filial emotions in the heart of the boy& or transfer either the genetic characteristics or physical& mental& or psychological traits1

Islam abolished all the effects of this system of adoption "hich relate to inheritance and to prohibition of marriage to the "ido"ed or di'orced "ife of the adopted son1 In matters of inheritance& the 4ur7an does not recogni5e any claim e,cept those based on relationship through blood and marriage: ...+ut blood relatives are nearer to each other in the ordinance of Allah....9B::A< %ith regard to marriage& The 4ur7an declared that only the "i'es of one7s real sons& -the wives of your sons who are from your (own) loins- 9D:-;<& not the "i'es of the adopted sons& are permanently forbidden in marriage1 Accordingly& it is permissible for a man to marry the di'orced "ife of his adopted son& since she has been& in actuality& the "ife of a 6stranger6 not related by blood1

A P"ac#ica E:a%1 e $! #he A&$ i#i$( $! Le)a A.$1#i$(

The practice of adopting sons "as 'ery deeply rooted in the society of pre3Islamic Arabia& and it "as not easy for people to gi'e it up1 But Allah Ta7ala "anted to eradicate it and its effects& not only by "ords but also by 1 In order that all doubts concerning matter might be dispelled& that the Belie'ers might feel at ease "ith respect to marrying the e,3"i'es of their adopted sons& and& more importantly& that they might no" "ith certainty that the halal is that "hich is permitted by Allah and that the haram is that "hich is forbidden by Him alone& Allah Ta7ala chose the Prophet 9peace be on him< himself for this important tas 1 *o" Haid bin Harithah& "ho "as no"n as Haid ibn Muhammad& had married the Prophet7s cousin& Hainab bint Hahsh1 Haid and Hainab "ere not happy together& and Haid became increasingly dissatisfied "ith his "ife& complaining fre/uently to the Prophet 9peace be on him<1 Although the Prophet 9peace be on him< ne"& through di'ine re'elation& that Haid "ould di'orce Hainab and that he "ould after"ards marry her himself& human "ea ness occasionally o'ercame him& and he "as afraid of facing the people1 Thus& "hene'er Haid complained to him about his "ife& the Prophet 9peace be on him< "ould tell him& 6Hold on to your "ife and fear Allah16 At that point Allah #ubhanahu "a Ta7ala re'ealed some 'erses of the 4ur7an admonishing the Prophet 9peace be on him< and at the same time fortifying his "ill to face society in demolishing the remnants of this ancient system& in this case& the established practice "hich prohibited a man from marrying the e,3"ife of a stranger "ho had been adopted as a son1 #aye Allah Ta7ala: And when thou didst say to him who had received the favor of Allah and thy favor, #9etain thy wife and fear Allah,# thou didst hide within thyself what Allah was about to ma"e manifest, fearing the people$ but Allah has more right that thou shouldst fear &im. Then, when =aid had carried out the necessary formality (of divorce) from her, *e gave her to thee in marriage so that (in the future) there might be no difficulty for the +elievers with respect to (marriage to) the wives of their adopted sons when the latter have carried out the necessary formality (of divorce) from them$ and Allah#s command must be fulfilled. 9;;:;:< The 4ur7an goes on to support the Prophet 9peace be on him< in this action& confirming its la"fulness and remo'ing any stigma attached to it: There is no fault in the 7rophet in what Allah has made obligatory for him. That was Allah#s practice with those of old who passed away, and the command of Allah is a decree determined those who delivered the messages of Allah and feared &im, fearing none but Allah$ and Allah suffices in "eeping account. uhammad is not the father of any man among you, but he is the essenger of Allah and the ,eal of the 7rophets$ and Allah is the 6nower of all things.

9;;:;B3D@<

A.$1#i() a Chi . #$ Rea" a(. #$ E.-ca#e

As e,plained abo'e& the type of adoption "hich has been abolished by Islam is that ind "hich ma es a boy a member of the family& "ith all the rights of inheritance& the permissibility of mi,ing freely "ith other members of the household& the prohibition of marriage and so on1 But the "ord 6adoption6 is also used in another sense& one "hich is not prohibited by Islamthat is& "hen a man brings home an orphan or a foundling to rear& to educate& and to treat as his o"n child8 he protects& feeds& clothes& teaches& and lo'es the child as his o"n1 Ho"e'er& he does not attribute the child to himself& nor does he gi'e him the rights "hich the Shari.ah reser'es for natural children1 This is a meritorious act in Allah7s religion& and the man "ho does it "ill be re"arded by being admitted to Paradise1 #aid the Prophet 9peace be on him<& -I, and the one who raises an orphan, will be li"e these two in the :arden-& and he pointed to his middle and inde, fingers "ith a slight gap bet"een the t"o1 A foundling :la-eet; is regarded as an orphan :$ateem;+ and one may also apply the term wa$farer :ibn al-sabeel;+(The &:a#farer& is one of several categories of people mentioned as deserving of
charit# in various $ur%anic verses, nota"l# *(+7B and ,(B0. A foundling or orphan can also "e considered as "elonging in this categor# and hence as dou"l# deserving of help and charit#. (Trans.

one of those "ho must also be cared

for& to him as "ell1 If a man has no children of his o"n& and he "ishes to benefit such a child from his "ealth& he may gi'e him "hate'er he "ants during his lifetime and may also be/ueath to him up to one3third of his inheritance before his death1

A"#i!icia I(se%i(a#i$(
Islam safeguards lineage by prohibiting Dina and legal adoption& thus eeping the family line unambiguously defined "ithout any foreign element entering into it1 It li e"ise prohibits "hat is no"n as artificial insemination if the donor of the semen is other than the husband1 In such a case& as the "ell3 no"n professor& #hai h #haltut& says& It is a despicable crime and a ma0or sin& to be classified in the same category as adultery1 Both 9adultery and artificial insemination by anyone other than the husband< are similar in nature and in effects8 that is& in both cases the tillage "hich belongs e,clusi'ely to the husband is intentionally inseminated by a stranger1 Had the form of this crime not been of a lesser degree& such insemination "ould ha'e been punishable by the same hadd punishment as is prescribed for adultery in the di'inely re'ealed Shari.ahA There is& ho"e'er& no doubt that insemination by a donor other than the husband is a more serious crime and detestable offense than adoption& for the child born of 9such< insemination incorporates in itself the result of adoptionthe introduction of an alien element into the lineage in con0unction "ith the offense of adultery& "hich is abhorrent both to the di'inely re'ealed la"s and to upright human nature1 By this action the human being is degraded to the le'el of an animal& "ho has no

consciousness of the noble bonds 9of morality and lineage< "hich e,ist among the members of a human society 9AI-#atwa :Islami )egal "e isions;+ by #hai h #haltut& p1 ;@@<

A##"i&-#i() #he Chi . #$ a Ma( O#he" Tha( #he Chi .'s Fa#he"
=ust as Islam prohibits a father to deny his paternity of his o"n child "ithout a 0ustifiable reason& it li e"ise forbids the child to claim a lineage other than his o"n& or to claim as father someone "ho is not his real father1 The Prophet 9peace be on him< listed this practice among the abominable e'ils deser'ing the curse of both the Creator and His creatures1 ?nce 7All& spea ing from the pulpit& read from some pages on "hich he had "ritten 'arious ahadithA ?ne of the Prophet7s statements "as the follo"ing: The one who claims descent from someone other than his (real) father, and the slave who attaches himself to someone other than his (real) master, are cursed by Allah, &is angels, and the people. Allah will accept neither repentance nor ransom from such a person on the )ay of 9esurrection. (5eported "# al-6ukhari and Muslim. And #a7d bin Abi %a//as narrated that the Prophet 9peace be on him< said& If someone claims a person as his father with the "nowledge that he is not his father, the :arden will be forbidden to him. 9Reported by al3Bu hari and Muslim1<

BD$ N$# @i

C$-" Chi ."e(B

After safeguarding the lineage in this manner& Islam imposed certain mutual rights& "hich proceed naturally from the parent3child relationship& upon children and parents& ma ing certain things haram for them in order to protect these rights1 The child has a right to life1 *either the father nor the mother ha'e the right to ta e the life of the child& "hether a boy or a girl& by illing it or burying it ali'e& as "as done by some Arabs of 6ahili$$ahA #ays Allah Ta7ala: And do not "ill your children out of fear of poverty$ *e shall provide for them and for you. Truly, the "illing of them is a great sin. 91::;1< ...*hen the female child who was buried alive is as"ed for what crime she was "illed. 9B1:B3E< %hate'er the moti'e for this crime may be& "hether economical& such as fear of po'erty and lac of pro'ision& or non3economic& such as fear of disgrace in the case of a daughter& Islam absolutely prohibits this sa'age act "hich is nothing but premeditated murder and the oppression of a feeble& helpless humabeing1 That is "hy& "hen the Prophet 9peace be on him< "as as ed& 6%hat is the greatest sin>6 he replied& #To ascribe divinity to someone other than Allah, when &e is the 1ne *ho created you.# #*hat ne%t?# he was as"ed. #To "ill your child out of fear that it will share your food, he replied. 9Reported by al3Bu hari and Muslim1< The Prophet 9peace be on him< too an oath of allegiance from both men and "omen at the time of their accepting Islam1 This oath of allegiance included the condition that they "ould not ill their children and "ould consider it an absolutely prohibited crime: ...That they will not steal nor commit :ina nor "ill their children....9C@:1-< It is the right of a child in relation to its parents that they should gi'e it a good name&

not one "hich "ill cause it embarrassment "hen it gro"s older1 It is haram to gi'e a name "hich denotes a sla'e or "orshipper of someone other than Allah& as for e,ample 7Abd al3*abi& 7Abd al3Masih& and the li e1 A child has a right to sustenance& education& and proper care1 The parents are not permitted to neglect the child7s needs nor to abuse it The Prophet 9peace be on him< said: -4ach one of you is a careta"er (ra'i ) and is responsible for those under his care.(5eported "# al-6ukhari and Muslim. -*asting the sustenance of his dependents is sufficient sin for a man.- (5eported "# A"u ;aoud, al-<isai, and al-8akim -Allah will as" every careta"er (ra'i ) about the people under his care, and the man will be as"ed concerning the people of his household.9Reported by Ahmad& al3*isai& and Abu $aoud<

ED-a T"ea#%e(# $! Chi ."e(

It is obligatory for a father to treat all his children e/ually especially in the matter of gi'ing gifts1 Accordingly& he is prohibited from besto"ing more fa'ors on some of his children than on others "ithout any necessity or 'alid reason& since this "ill produce 0ealousy and may e'en arouse enmity and hatred among them1 This applies e/ually to the mother1 The Prophet 9peace be on him< said& #)o (ustice among your sons,# and repeated it thrice. (5eported "# Muslim, Ahmad, and A"u ;aoud The story behind this hadith is that the "ife of Bashir bin #a7d al3Ansari re/uested her husband to gi'e a gift of a garden or a sla'e to her son& al3*u7man bin Bashir1 #he as ed Bashir to go to the Prophet 9peace be on him< and re/uest him to be a "itness1 Bashir "ent to him& saying& 6The daughter of such and suchmeaning his "ifehas as ed me to gi'e a sla'e to her son16 6$oes he ha'e brothers>6 the Prophet 9peace be on him< as ed1 62es&6 he replied1 6$id you gi'e the same to each of them>6 in/uired the Prophet 9peace be on him<1 6*o&6 said Bashir1 The Prophet 9peace be on him< then said& -This is not correct, and I can never bear witness to other than what is (ust.(5eported "# )"n 8i""an in his Sahih. #ome other ahadith in this regard are as follo"s: )o not as" me to be a witness to in(ustice. 0our children have the right of receiving e.ual treatment, as you have the right that they should honor you. (5eported "# A"u ;aoud -8ear Allah and treat your children with e.ual (ustice.- 9Reported by al3Bu hari and Muslim1< Imam Ahmad bin Hanbal said that preferential treatment of a child is permitted if he or she is handicapped "hile others are not1 9In Al3Mughni& 'ol1 A& p1 C@A& it is stated that special
treatment of a child is permissible due to a need& a handicap& blindness& his or her being from a large family& being engaged in studies& or something of the sort& as it is aIso permitted to "ithhold from a child "ho "ould spend "hat he is gi'en on sinful or "ic ed things1<

O&se"5i() #he Li%i#s $! A ah Re)a".i() I(he"i#a(ce

It is haram for a father to depri'e his children of inheritance& as for e,ample& to depri'e the females or the children of a "ife "ho is not a fa'orite "ith him1 !i e"ise& it is haram for one relati'e to depri'e another eligible relati'e of his inheritance by means of a tric 1 It is Allah #ubhanahu "a Ta7ala Himself& %ho& out of His no"ledge& "isdom and 0ustice& has established the distribution of inheritance in order to gi'e each eligible person his or her share& and He has commanded man ind to remain "ithin the limits of His legislation8 hence& anyone "ho de'iates from His system in

the distribution of shares offends his !ord1 Allah Ta7ala has mentioned matters of inheritance in three 'erses of the 4ur7an1 At the end of the first 'erse He says& ...0our fathers or your sons/ you do not "now which of them is nearer to you in benefit. This is an obligation ordained by Allah$ indeed, Allah is 6nower, *ise. 9D:11< After the second such 'erse He says& ...*hich is not in(urious (to the rightful heirs)/ a charge from Allah, and Allah is 6nowing, 8orbearing. Those are the limits of Allah, and whoever obeys Allah and &is essenger, &e will admit him to :ardens beneath which rivers flow, to abide therein, and that is the supreme achievement. +ut whoever disobeys Allah and &is essenger and transgresses &is limits, &e will admit him to 8ire, to abide therein, and he shall have a humiliating punishment. 9D:1-31D< And at the end of the third such 'erse He says& ...Allah ma"es clear to you (&is laws) so that you do not err$ and Allah has "nowledge of all things. 9D:1:C< Accordingly& "hoe'er disobeys Allah7s la"s of inheritance has de'iated from the 0ust course made plain by Him& transgressing His limits& and must e,pect the punishment promised him: ...the 8ire, to abide therein, and his shall be a humiliating punishment. 9D:1D<

Dis$&e.ie(ce #$ Pa"e(#s; A MaA$" Si(

It is the right of parents that their children should treat them "ith indness& obedience& and honor1 $e'otion to parents is a natural instinct "hich must be strengthened by deliberate actions1 The rights of the mother are stressed the more because of her suffering during pregnancy and childbirth& her suc ling of the child& and her role in rearing it1 In the "ords of Allah Ta7ala: And *e have en(oined on man "indness to his parents. &is mother carries him in pain and she gives birth to him in pain, and (the period) of carrying him and weaning him is thirty months....9DC:1A< 1nce a man came to the 7rophet (peace be on him) and as"ed, #*ho is most deserving of my good companionship?# #0our mother,# replied the 7rophet (peace be on him). #*ho ne%t?# the man as"ed. #0our mother,# replied the 7rophet (peace be on him). #*ho ne%t?# he as"ed. #0our mother,# replied the 7rophet (peace be on him). #*ho ne%t?# as"ed the man. #0our father,# replied the 7rophet. 9Reported by al3Bu hari and Muslim1< The Prophet 9peace be on him< declared disobedience to parents to be a ma0or sin& second only to ascribing partners to Allah& as has been stated in the 4ur7an1 Al3 Bu hari and Muslim report his saying& #,hall I not inform you about the three ma(or sins?# Those who were present replied, #0es, 1 essenger of Allah.# &e said #Associating partners with Allah and disobedience to parents,# and sitting up from the reclining position, he continued, #and telling lies and false testimony$ beware of it.# He also said& -Three persons shall not enter the :arden/ the one who is disobedient to his parents, the pimp, and the woman who imitates men.## (5eported "# al-<isai, al-6a22ar on the authorit# of excellent transmitters, and al-8akim and& -Allah defers (the punishment of) all sins to the )ay of 9esurrection e%cepting disobedience to parents, for which Allah punishes the sinner in this life before his death.-9Reported by al3Ha im& on the authority of sound transmitters1< Moreo'er& Islam emphasi5es treating parents indly& especially "hen they gro" old1 As their strength fails& they re/uire more attention and care& and more consideration of their e'en more sensiti'e feelings1 Concerning this the 4ur7an says& Thy 'ord hath

decreed that you worship none but &im and that you be "ind to parents. If one or both of them attain old age with thee, do not say a word of annoyance (Literall#, &;o not sa# FffG (an expression of anno#ance to them.& (Trans. to them nor repulse them, but spea" to them in gracious words and in mercy lower to them the wing of humility and say, y 'ord, bestow Thy mercy othem, as they cherished me when I was little....(>?/@A-@B)
In e%plaining this verse, a commentator says, -If a lesser thing than saying #;ff2# tparents were "nown to Allah, &e would have prohibited (even that).-

I(s- #i() Pa"e(#s; A MaA$" Si(

In addition to the foregoing& the Prophet 9peace be on him< not only prohibited insulting or cursing one7s parents but declared it to be a ma0or sin1 He said& #Among the ma(or sins is a man#s cursing his parents.# The people who were present wondered how a sane and believing individual could curse his own parents, and en.uired, #&ow is it possible for a man to curse his own parents?# The 7rophet (peace be on him) replied, #&e insults another man#s father, and then the other insults his father, and he insults the other#s mother, and the other returns the insult to his mother.# 9Reported by al3Bu hari and
Muslim1<

The Pa"e(#'s C$(se(# !$" <iha.

Pleasing one7s parents is considered so important in Islam that the son is forbidden to 'olunteer for 6ihad "ithout his parent7s permission& in spite of the fact that fighting in the cause of Allah :6ihad fi sabeel Allah; has such great merit in Islam that the merit of a person "ho spends his nights in prayer and his days in fasting falls short of it1 *arrated 7Abdullah bin 7Amr bin al37As& A man came to the 7rophet (peace be on him) and as"ed his permission to go for jiha". The 7rophet (peace be on him) as"ed, #Are your parents living?# #0es,# he replied. The 7rophet (peace be on him) then said, #Then strive in their service,# (5eported "# al-6ukhari and Muslim. meaning that ta ing care of parents is a greater obligation than .Mhad in the cause of Allah1 7Abdullah also narrated& A man came to the 7rophet (peace be on him) and said, #I ta"e the oath of allegiance to you for hijrah (emigration to edinah) and jiha", see"ing reward from Allah.# The 7rophet (peace be on him) en.uired whether either of his parents were living. 1n his replying that both of them were, the 7rophet (peace be on him) said, #Are you (really) see"ing reward from Allah?# #0es,# the man said. The 7rophet (peace be on him) then said, #:o bac" to your parents and be a good companion to them.# (5eported "# Muslim. 7Abdullah further narrated& A man came to the 7rophet (peace be on him) and said, #I have come to swear allegiance to you for hijrah, and I have left my parents weeping.# The 7rophet (peace be on him) said to him, #9eturn to them and ma"e them laugh as you made them weep.# 9Reported by al3Bu hari and others1< Abu #a7id reported that A man from 0emen migrated to adinah to be with the 7rophet (peace be on him). The 7rophet (peace be on him) as"ed him, #)o you have any relatives in 0emen?# &e answered, # y parents.# #)id you get their permission?# the 7rophet (peace be on him) as"ed. 1n his replying that he did not, the 7rophet (peace be on him) told him, #:o bac" to them and as" their permission. If they agree to it, go on jiha". 1therwise stay and

serve them.# 9Reported by Abu $aoud1<

N$(=M-s i% Pa"e(#s
It is one of the beauties of Islam that& "ith respect to the treatment of parents& it forbids the Muslim to be disrespectful to them e'en if they should be non3Muslims "ho are fanatical to the point of arguing "ith him and putting pressure on him to renounce Islam1 #ays Allah Ta7ala: ...+e grateful to e and to thy parents$ to e is (the final) goal. +ut if they strive to compel thee to associate with e that of which thou hast no "nowledge, do not obey them$ but "eep company with them in this life in a "ind manner and follow the way of those who turn to e. Then to e will be your return and I will inform you (of the meaning of) all that you did. 9;1:1D31A< In these t"o 'erses the Muslim is commanded not to obey his parents in "hat they try to tell him to do in this regard& since there cannot be obedience to a creature in sin against the Creatorand "hat sin could be greater than associating partners "ith Allah> At the same time& he is commanded to treat them honorably in this "orld& unaffected by their stand against his faith& and to follo" the path of those righteous Belie'ers "ho turn to Allah and to lea'e the 0udgement bet"een himself and his parents to the Most =ust of =udges& on a $ay "hen the parents "ill not be able to benefit the child nor the child the parent1 Indeed& such tolerant and beneficent teachings are not to be found in any other religion1

Chapter 9/ The Halal And The Haram In The !ail% )ife of The Muslim $E)IE"S A-! C*ST&MS (aith (ima") is the fou"datio" of the #slami+ so+iety, a"d tauheed (the belief i" the e3iste"+e a"d u"ity of ?od) is the esse"+e of this faith a"d the ery +ore of #slam. The safe,uardi", of this ima" a"d of this pure tauheed is the primary ob1e+ti e of all the #slami+ tea+hi",s a"d le,islatio". #" order to keep the Muslim so+iety purified of all tra+es of shirk a"d rem"a"ts of error, a +o"ti"uous )ar must be )a,ed a,ai"st all belief-systems )hi+h ori,i"ate i" ma" s i,"ora"+e of the di i"e ,uida"+e a"d i" the errors of idol )orship.

'espect for Allah,s )a#s in the *ni.erse >"e of the fu"dame"tal beliefs )hi+h #slam i"+ul+ates i" the soul of Muslims is that this ast u"i erse does "ot ru" itself )ithout a"y +o"trol a"d ,uida"+e, "or does it follo) the mis,uided, bli"d, +o"fli+ti",, a"d +o"tradi+tory desires of me" or of a"y other +reatures residi", i" it. The *ur'a" says4 If /ealit ha" been in accor" with their "esires, the hea!ens an" the earth, an" whosoe!er is therein, woul" ha!e been in corruption.... (;54B9)

*uite to the +o"trary, the u"i erse is bou"d by perma"e"t la)s, as the *ur'a" states else)here4 Thou wilt not fin" an changes in the sunnah (practice or rule) of Allah, nor wilt thou fin" in the sunnah of Allah an turning asi"e. (5:465) Muslims ha e lear"ed from the %ook of their Aord a"d the pra+ti+e of their 'rophet (pea+e be o" him) to respe+t these la)s of the u"i erse, to u"dersta"d a"d to use the +auses a"d relatio"ships )hi+h Allah has established amo", thi",s, a"d to re1e+t the alle,ed esoteri+ +auses propa,ated by priests, +harlata"s, a"d imposters.

The

ar Against Superstitions and M%ths

A +lass of de+ei ers k"o)" as soothsayers or di i"ers e3isted i" Arab so+iety duri", the 'rophet's time2 they prete"ded to k"o) the e e"ts of the past a"d future throu,h their +o"ta+t )ith the 1i"" or throu,h other se+ret sour+es. The 'rophet (pea+e be o" him) the" de+lared )ar o" this de+eptio", )hi+h had "o basis i" k"o)led,e, di i"e ,uida"+e, or a re ealed s+ripture. $e re+ited to them )hat Allah had re ealed to him4 &a % ,o one in the hea!ens an" the earth knows the 9nseen except Allah.... (;B4=:) A++ordi",ly, the F"see" is k"o)" "either to the a",els, the 1i"" "or huma" bei",s. A+ti", o" the +omma"d of his Aord, the 'rophet (pea+e be o" him) pro+laimed, ...If I ha" knowle"ge of the 9nseen, I shoul" ha!e ha" abun"ance of goo" an" no e!il shoul" ha!e touche" me. Trul , I am but a warner an" a bringer of goo" ti"ings to those who ha!e faith. (B49<<) Co"+er"i", the 1i"" )ho labored for Solomo", Allah Ta'ala says4 ..It became clear to the jinn that if the ha" known the 9nseen, the woul" not ha!e continue" in the humiliating punishment (of their task). (56496) A++ordi",ly, a"yo"e )ho +laims to k"o) )hat pertai"s to the F"see" utters a falsehood a,ai"st Allah a"d the truth, de+ei i", the people. >"+e a dele,atio" +ame to the 'rophet (pea+e be o" him) a"d, supposi", him to be o"e of those )ho +laimed to ha e k"o)led,e of the F"see", they +o"+ealed somethi", i" their ha"ds, aski", the 'rophet (pea+e be o" him) to tell them )hat it )as. The 'rophet (pea+e be o" him) told them i" plai" )ords, #I am not a "i!iner. The "i!iner, (what pertains to) the "i!ination, an" the soothsa ers will all be in the 7ire.#

$elie.ing in Those

ho "oretell the "uture Constitutes 3ufr

#slam's +ampai," )as "ot +o"fi"ed to the soothsayers a"d di i"ers but i"+luded all those )ho ,o to them, ask their help, a"d belie e i" their superstitio"s a"d errors. The 'rophet (pea+e be o" him) said, The salat of one who goes to a soothsa er, asks him something an" belie!es in what he sa s will not be accepte" for fort "a s. (Reported by Muslim.) $e also said, #(hoe!er goes to a soothsa er an" belie!es in what he sa s has "enie" what was re!eale" to 3uhamma",# (Reported by al-%a!!ar, from ,ood a"d stro", tra"smitters.) for )hat )as re ealed to Muhammad (pea+e be o" him) asserts that the k"o)led,e of the F"see" belo",s to Allah alo"e a"d that Muhammad (pea+e be o" him) has "o k"o)led,e of it, mu+h less a"yo"e else4 &a % I "o not tell ou that the treasures of Allah are with me or that I know the 9nseen, nor "o I tell ou that I am an angel; I follow onl what is re!eale" to me....(=4:@)

#f, after bei", a)are of this +lear a"d e3pli+it stateme"t of the *ur'a", the Muslim belie es that some people +a" foretell future e e"ts a"d k"o) the se+rets of the F"see", he has i"deed de"ied )hat )as re ealed to the Messe",er of Allah (pea+e be o" him).

!i.ination

ith Arro#s

(or the reaso" me"tio"ed abo e, di i"atio" )ith arro)s )as prohibited by #slam. The Arabs of 1ahiliyyah used three arro)s for di i"atio"2 o" o"e arro) )as )ritte", -My Aord +omma"ded me,o" a"other, -My Aord forbade me,- a"d the third )as left bla"k. #f they pla""ed to ,o o" a 1our"ey, to marry, to +arry out a raid, et+., they )ould ,o to the temple )here these arro)s )ere kept. >"e arro) )ould be sele+ted ra"domly. #f they sele+ted the -+omma"di",- arro) they )ould pro+eed )ith their pla"2 if they sele+ted the -forbiddi",- arro) they )ould "ot pro+eed )ith it2 )hile if the bla"k arro) )as dra)" they )ould repla+e it a"d repeat the pro+ess u"til they re+ei ed a +lear i"di+atio". The pra+ti+es i" our so+iety of maki", de+isio"s o" the basis of )hat is obser ed i" sa"d, seashells, tea lea es, +ards, palms, of ope"i", a book at ra"dom, a"d the like are similar to this pra+ti+e. (This also i"di+ates the pra+ti+e of astrolo,y, belief i" horos+opes, a"d related matters. The 'rophet (pea+e be o"
him) said, -#f a"yo"e a+quires a"y k"o)led,e of astrolo,y, he a+quires a bra"+h of ma,i+.- (Ahmad, Abu &aoud, a"d #b" Ma1ah) $e also said, -The astrolo,er is a di i"er, the di i"er is a ma,i+ia", a"d the ma,i+ia" is a" u"belie er.- (Ra!i))

#slam has prohibited all su+h pra+ti+es a"d +o"siders them si"ful. After me"tio"i", the prohibited foods, Allah Subha"ahu )a Ta'ala says4 ...An" (also forbi""en) is pre"icting the future b means of "i!ining arrows, for that is impiet ....(:46 (5)) A"d the 'rophet (pea+e be o" him) said, $e who consults with soothsa ers or "i!ining arrows, or returns from a journe because of an ill omen, shall not attain the high rank (in +ara"ise). (Reported by al-/isai.)

Magic #" like ma""er, #slam +o"dem"s ma,i+ a"d those )ho pra+ti+e it. Co"+er"i", those )ho lear" ma,i+ the *ur'a" says4 ...The learne" (onl ) what harme" them an" what "i" not benefit them....(;49@5) The 'rophet (pea+e be o" him) +ou"ted the pra+ti+e of ma,i+ amo", those ma1or deadly si"s )hi+h destroy "atio"s before destroyi", i"di iduals a"d )hi+h de,rade those )ho pra+ti+e them i" this )orld prior to the $ereafter. Said he, 'A!oi" the se!en "estro ers.' The listeners aske", '- 3essenger of Allah, what are the )' $e sai", 'Associating (partners) with Allah (shirk), magic, taking a life which Allah has ma"e sacre" except in the course of justice, "e!ouring usur , appropriating the propert of the orphan, fleeing from the battlefiel", an" slan"ering !irtuous belie!ing women who are in"iscreet.' (Reported by al-%ukhari a"d Muslim.) Some 1urists +o"sider ma,i+ as u"belief (kufr) or as leadi", to)ard u"belief, a"d some ha e e e" ad o+ated that those )ho pra+ti+e it should be put to death i" order to purify the so+iety of their e il. The *ur'a" has tau,ht us to seek refu,e i" Allah from the e il of the pra+titio"ers of ma,i+4 (Ma,i+ should be u"derstood to de"ote )it+h+raft, sor+ery, a"d all related pra+ti+es.) ...7rom the e!il of those who blow on knots.... (99546), si"+e blo)i", o" k"ots is o"e of the methods )hi+h su+h employ. The 'rophet (pea+e be o" him) said, #(hoe!er blows on knots practices magic, an"

whoe!er practices magic is a mushrik (pol theist).#

tra"smitters, o"e of )hi+h is reliable.)

(Reported by al-Tabara"i throu,h t)o +hai"s of

.ust as it is haram for the Muslim to +o"sult )ith di i"ers or fortu"e-tellers +o"+er"i", the se+rets of the F"see", it is like)ise haram for him to seek the help of ma,i+, or those )ho pra+ti+e it, to +ure a" illor to remo e a diffi+ulty. The Messe",er of Allah (pea+e be o" him) diso)"ed su+h perso"s, sayi", $e is not of us who seeks an omen or for whom an omen is sought, who "i!ines or for whom "i!ination is ma"e, who practices magic or asks someone to practice magic for him. (Reported by al-%a!!ar o" ,ood authority.) Says 'Abdullah bi" Mas'ood, An one who goes to a "i!iner, a practitioner of magic or a soothsa er, asking something an" belie!ing in what he sa s, "enies what was re!eale" to 3uhamma". (Reported by al-%a!!ar a"d Abu CJala o" ,ood authority.) A"d the 'rophet (pea+e be o" him) said, #The alcoholic, the belie!er in magic, an" the one who breaks the ties of kinship will not enter the *ar"en.# (Reported by #b" $ibba" i" his Sahih.) The si" of su+h thi",s is "ot limited to the pra+titio"er of ma,i+ alo"e but i"+ludes those )ho belie e i" his ma,i+, e"+oura,e him, a"d trust i" )hat he says. The si" be+omes ,reater a"d more fla,ra"t if the ma,i+ is used for purposes )hi+h are haram i" themsel es, su+h as so)i", dis+ord bet)ee" a husba"d a"d )ife, i"fli+ti", bodily i"1ury, a"d other e il uses, )hi+h are popular amo", those )ho pra+ti+e ma,i+.

Charms and Amulets #" the same +ate,ory is the ha",i", of +harms, seashells a"d the like i" the belief that they )ill bri", about the +ure of a disease or a+t as a prote+tio" from it. There are still some people i" the t)e"tieth +e"tury )ho ha", a horseshoe o" the door. Moreo er, )e still fi"d today +harlata"s i" arious +ou"tries )ho e3ploit the i,"ora"+e of simple people by )riti", amulets a"d +harms for them, dra)i", li"es a"d talisma"s a"d re+iti", stra",e i"+a"tatio"s, )ith the +laim that these pra+ti+es )ill prote+t the bearer from the a,,ressio" of e il spirits, the i"flue"+e of demo"s, the e il eye, e" y, a"d so o". As far as the pre e"tio" a"d treatme"t of disease are +o"+er"ed, #slam has pres+ribed measures )hi+h are )ell k"o)", +o"dem"i", those )ho tur" a)ay from them to the de+eitful methods of s)i"dlers. The 'rophet (pea+e be o" him) said, #&eek the reme" , for $e (ho create" illness also create" its cure.# (Reported by Ahmad.) $e also said, #There is a reme" in three things% a "rink of hone , blee"ing b a cupper, an" cauteri:ation b fire.# (Reported by al-%ukhari a"d Muslim.) #" our time these three types of +ures i"+lude, by a"alo,y a"d e3te"sio", all medi+i"es )hi+h are take" by mouth, sur,i+al i"ter e"tio", a"d therapies utili!i", heat or ele+tri+ity. As for )eari", beads, seashells, +harms a"d amulets, or re+iti", +ertai" i"+a"tatio"s to treat or pre e"t ill"ess, su+h pra+ti+es are sheer i,"ora"+e a"d error, are +o"trary to the la)s of Allah Ta'ala, a"d +o"stitute a de"ial of tauheed. 'Fqba bi" 'Amir "arrated that he +ame to the 'rophet (pea+e be o" him) i" a ,roup of te" perso"s. The 'rophet (pea+e be o" him) a++epted the oath of alle,ia"+e (bay'ah) from "i"e of them, )ithholdi", himself from the te"th. -7hat about him8- they asked There is a" amulet o" his

arm,- the 'rophet (pea+e be o" him) replied. The ma" tore off the amulet a"d the 'rophet (pea+e be o" him) the" a++epted his oath, sayi",, #The one who wears it is a pol theist.# (Reported by
Ahmad a"d al-$akim2 the )ords are from al-$akim. Ahmad's tra"smitters are reliable)

The 'rophet (pea+e be o" him) also said, 3a Allah not fulfill the hopes of the one who wears a charm; ma Allah not protect the one who hangs seashells. (Reported by Ahmad, by Abu
C'ala )ith ,ood tra"smitters, a"d by al-$akim, )ho +lassified it as sou"d.)

'Fmra" bi" $asi" "arrated that the 'rophet (pea+e be o" him) sa) a ma" )eari", a brass bra+elet o" his arm a"d he said to him -7oe to you, )hat is this8- $e replied, -To prote+t me from )eak"ess.- The 'rophet (pea+e be o" him) said, In"ee", this onl increases our weakness. Throw it awa , for if ou "ie wearing it, ou will ne!er attain success. (Reported by
Ahmad, by #b" $ibba" i" his Sahih, a"d by #b" Ma1ah )ithout -Thro) it a)ay- to the e"d.)

These tea+hi",s of the 'rophet (pea+e be o" him) pe"etrated the mi"ds of his +ompa"io"s, a"d they re1e+ted su+h erro"eous a"d false pra+ti+es, "either a++epti", "or belie i", i" them. '#sa bi" $am!ah "arrated, -# isited 'Abdullah bi" $akim )ho had a fe er. # said, '7hy do you "ot )ear a +harm8' $e replied, '# seek refu,e i" Allah from that.' - #" a"other ersio" he said, -&eath is preferable to that.- The Messe",er of Allah (pea+e be o" him) said, #(hoe!er wears a charm will be left to rel on it.# (Reported by al-Tirmidhi.) 'Abdullah bi" Mas'ood o"+e sa) his )ife )eari", a k"otted thread arou"d her "e+k. $e pulled at it a"d broke it, sayi",, -The family of 'Abdullah is free of asso+iati", a"ythi", )ith Allah for )hi+h $e has se"t "o authority.- The" he said, -# heard the Messe",er of Allah (pea+e be o" him) say, 'Incantations, amulets an" spells are shirk.' Someo"e o"+e said to him, -Abu 'Abdur-Rahma" (as he )as +ommo"ly +alled), )e are familiar )ith i"+a"tatio"s a"d amulets, but )hat are spells8- $e said, -Somethi", )hi+h )ome" employ to make their husba"ds lo e them.'' (Reported by #b" $ibba" i" his Sahih. Al-$akim has a shorter ersio", a"d he says it has sou"d tra"smitters.) A++ordi",ly, a spell de"otes a ki"d of ma,i+al pra+ti+e. S+holars say that if i"+a"tatio"s are i" a forei," la",ua,e so that o"e does "ot k"o) )hat is bei", said, they are prohibited out of fear of their bei", mi3ed )ith u"belief a"d ma,i+. $o)e er, if )hat is bei", said +a" be u"derstood a"d there is me"tio" of Allah i" it, it is +omme"dable be+ause it is the" a suppli+atio" to Allah a"d is "ot mea"t to be a +ure or a medi+i"e. The i"+a"tatio"s of 1ahiliyyah )ere i"termi3ed )ith ma,i+al formulae, polytheisti+ phrases, a"d "o"se"si+al uttera"+es. #t is reported that 'Abdullah bi" Mas'ood forbade his )ife to utter su+h 1ahili i"+a"tatio"s. She told him, -# )e"t out o"e day a"d sa) su+h a"d su+h perso". >"e of my eyes the" be,a" to )ater (mea"i", that it )as the effe+t of his e il eye a"d e" y). %ut )he" # re+ited a" i"+a"tatio" it stopped )ateri",, a"d )he" # left off re+iti", it, the eye started )ateri", a,ai".- #b" Mas'ood said, -That is Sata". 7he" you obey him he lea es you alo"e, but )he" you disobey him he stabs your eye )ith his fi",er. %ut if you do as the 'rophet (pea+e be o" him) did, it )ill be better for you a"d )ill most probably +ure your eye. %athe your eye )ith )ater a"d say, /emo!e the hurt, - 0or" of mankin". $eal me; Thou art the $ealer. There is no cure except Th cure which lea!es behin" no "isease. (This is #b" Ma1ah's )ordi",. Abu &aoud has a shorter ersio" of this hadith, a"d al-$akim
a shorter o"e tha" either of the pre+edi",.)

&mens

&ra)i", e il ome"s from +ertai" arti+les, pla+es, times, i"di iduals, a"d the like )as, a"d still is, a +urre"t superstitio". #" a"tiquity, the people of the 'rophet Salih (pea+e be o" him) said to him, (e augur an e!il omen of thee an" those with thee....(;B46B) A"d )he"e er a +alamity stru+k them, 'haraoh a"d his people ...ascribe" it to e!il omens connecte" with 3oses an" those with him. (B459) Ma"y times, )he" Allah Ta'ala tried the u"belie ers by se"di", a +alamity, they )ould say to the messe",ers of Allah (pea+e be o" them all), ...In"ee", we augur an e!il omen from ou. (5=49<) The reply of the messe",ers )as, ;our auguring of e!il omens is with oursel!es (5=49E), mea"i",, -The +ause of your e il ome"s is i" your o)" attitude, stemmi", from your u"belief, stubbor""ess, a"d arro,a"+e i" re,ard to Allah a"d $is messe",ers.The Arabs of 1ahiliyyah had a lo", history of su+h pra+ti+es asso+iated )ith a ariety of beliefs )hi+h persisted u"til the +omi", of #slam, )hi+h abolished all su+h "otio"s a"d brou,ht the people ba+k to the )ay of sou"d reaso". The 'rophet (pea+e be o" him) +lassified the au,uri", of e il ome"s )ith di i"atio" a"d ma,i+ i" his sayi",, $e is not of us who seeks for e!il omens or for whom e!il omens are sought, who "i!ines or for whom "i!ination is ma"e, who practices magic or for whom magic is practice". (Reported by al-Tabara"i o" the authority of #b" 'Abbas
throu,h ,ood tra"smi.)

The 'rophet (pea+e be o" him) also said, #Augur from "rawing lines in the san", from the flight of bir"s, an" from stones pertains to shirk.# (Reported by Abu &aoud, al-/isai, a"d #b" $ibba" i" his
Sahih.)

The au,uri", of ome"s has "o basis i" s+ie"+e or i" reality but is a )eak"ess of the mi"d a"d a superstitio". $o) +a" a sa"e huma" bei", belie e that a +ertai" perso" or pla+e, the +ry of a bird, the fli+k of a" eyelid, or the heari", of a +ertai" )ord +a" bode somethi", e il8 H e" if there is some )eak"ess i" huma" "ature )hi+h is +o"du+i e to the seeki", of ome"s from +ertai" thi",s, o"e should "ot surre"der to this )eak"ess, espe+ially )he" a de+isio" is to be made or a" a+tio" is to be take". #t is stated i" a hadith that ,o one is free of three things% suspicion, auguring e!il omens, an" en! . Thus, if ou ha!e a suspicion, "o not pursue it; if ou augur an e!il omen, "o not turn back; an" if ou are en!ious, "o not transgress. (Reported by
al-Tabara"i.)

#" this )ay these three thi",s )ill remai" mere thou,hts )hi+h +ross the mi"d )ithout affe+ti", the a+tual beha ior, a"d Allah Ta'ala )ill for,i e them. #b" Mas'ood reported the 'rophet (pea+e be o" him) as sayi", three times, #Auguring e!il omens is shirk (pol theism).# A"d #b" Mas'ood added, -/o"e of us fails to be affe+ted by this, but Allah remo es su+h i"flue"+es throu,h our trust i" $im- (Reported by Abu &aoud a"d al-Tirmidhi.), mea"i", that althou,h there is "o o"e amo", us )ho is "ot affe+ted by this )eak"ess at o"e time or a"other, this )eak"ess is remo ed from the heart of the perso" )ho tur"s to Allah, trusti", i" $im a"d "ot letti", su+h ideas obsess him.

The

ar Against 7ahili Customs

>" the o"e ha"d #slam lau"+hed a" atta+k o" 1ahili beliefs a"d superstitio"s )hi+h )ere a threat to reaso", morals, a"d ma""ers, a"d o" the other, o" 1ahili +ustoms, )hi+h )ere the produ+t of +hau i"ism4 boastful"ess, pride, a"d the ,lorifi+atio" of the tribe.

-o Chau.inism in Islam #slam's first step i" this dire+tio" )as to redu+e e ery ki"d of ,roup +hau i"ism to dust, forbiddi", the Muslim to re i e a"y of the disputes of su+h +hau i"ism or to summo" others to)ard it. The 'rophet (pea+e be o" him) de+lared himself free of respo"sibility for a"yo"e )ho pra+ti+es it, sayi",, $e who calls others to group chau!inism "oes not belong to us; he who fights for the sake of group chau!inism "oes not belong to us; an" he who "ies uphol"ing group chau!inism "oes not belong to us. (Reported by Abu &aoud.) There is "o spe+ial disti"+tio" for a +ertai" +olor of ski", a parti+ular ra+e of ma"ki"d, or a spe+ial re,io" of the earth. The Muslim is forbidde" to be a partisa" of o"e ra+e a,ai"st a"other, o"e people a,ai"st a"other, or o"e +ou"try a,ai"st a"other. #t is "ot permissible for a belie er i" Allah a"d the Aast &ay to support his people )ithout re,ard for )hether they are ri,ht or )ro",, 1ust or u"1ust. 7athilah bi" al-Asq'a "arrated, -# asked, '> Messe",er of Allah, )hat is +hau i"ism8' a"d he replied, That ou shoul" help our people in wrong"oing.- (Reported by Abu &aoud.) A"d Allah Ta'ala says4 - ou who belie!e, be stea"fast in justice, as witnesses for Allah, e!en though it be against oursel!es or parents or kin"re". (6495:) ...An" "o not let hatre" of (other) people cause ou to "e!iate from justice. (:4E (<)) -$elp your brother, )hether he is the oppressor or the oppressed,- )as a )ell-k"o)" pro erb i" pre-#slami+ 1ahiliyyah )hi+h people used to take literally. The 'rophet (pea+e be o" him) +ha",ed its mea"i", i" a subtle fashio". After the faith )as firmly established i" the hearts of his Compa"io"s, he o"+e repeated this pro erb to them. They )ere sho+ked, sayi",, -> Messe",er of Allah, )e k"o) ho) to help the oppressed, but ho) +a" )e help the oppressor8- $e replied, #&top him from wrong"oing; that is helping him.# (Reported by al-%ukhari.) 7e k"o) from these stateme"ts that a +all to)ard "atio"alism or ra+ism is a +all of 1ahiliyyah, a"d #slam, its 'rophet (pea+e be o" him), a"d its %ook ha e totally re1e+ted it. #slam does "ot re+o,"i!e a"y loyalty other tha" to its belief, a"y relatio"ship other tha" that of its brotherhood, or a"y differe"tiatio" amo", huma" bei",s other tha" o" the basis of belief a"d u"belief .H e" thou,h he may be a fello) +ou"tryma", a relati e, or o"e's o)" blood brother, the u"belie er )ho sho)s hostility to #slam is a" e"emy to the Muslim. Says Allah Ta'ala4 Thou wilt not fin" an people who belie!e in Allah an" the 0ast .a lo!ing those who resist Allah an" $is 3essenger, e!en if the are their fathers or their sons or their brothers or their kin"re".... (:<4;;) - ou who belie!e, "o not take our fathers or our brothers as frien"s if the lo!e unbelief more than faith....(E4;5)

)ineage is

ithout Significance

Al-%ukhari reported that Abu &harr a"d %ilal, the Abyssi"ia", both of )hom )ere amo", the earliest Muslims, o"+e quarreled a"d i"sulted ea+h other. Carried a)ay by his a",er, Abu &harr said to %ilal, -Cou so" of a bla+k )oma"G- %ilal +omplai"ed about this to the 'rophet (pea+e be o" him), )ho tur"ed to Abu &harr, sayi",, #Are ou taunting him about his mother) There is still some influence of jahili ah in ou1'' (Reported by al-%ukhari.) Abu &harr "arrated that the 'rophet (pea+e be o" him) said to him, #0ook1 ;ou are no better than a white or black man unless ou excel in the fear of Allah.# (Reported by al-%ukhari.) The 'rophet (pea+e be o" him) also said, #;ou are all chil"ren of A"am, an" A"am was create" of "ust.# (Reported by Ahmad.)

Thus #slam made it haram for the Muslim to boast about his ,e"ealo,y a"d ki"ship, me"tio"i", his forefathers a"d sayi",, -# am the so" of su+h a"d su+h,- or -# am )hite a"d you are bla+k, # am a" Arab a"d you are a "o"-Arab.- 7hat is the alue of ki"ships a"d ,e"ealo,ies )he" all people +ome from o"e si",le ori,i"8 A"d e e" supposi", that ,e"ealo,y had alue, ho) does it add to the +redit or debit of a perso" to ha e bee" bor" to this or that father8 Said the 'rophet (pea+e be o" him), These genealogies of ours are not a reason to re!ile an one. ;ou are all chil"ren of A"am. ,o one has superiorit o!er another except in religion an" ta5wa (the fear of Allah). (Reported by al-%a!!ar) 3ankin" is "escen"e" from A"am an" 8!e....-n the .a of /esurrection Allah will not ask ou about our kinships an" genealogies. The most honorable among ou in the sight of Allah is the one who is the most *o"<fearing (muta55i). (Reported by Ahmad.) The 'rophet (pea+e be o" him) lau"+hed a fier+e atta+k o" those )ho boast about their fathers a"d ,ra"dfathers, sayi",, 0et people cease to boast about their ancestors who ha!e "ie", who are merel fuel in hell, or the will certainl be of less account than the beetle which rolls "ung with its nose. Allah has remo!e" from ou the pri"e of jahili ah an" its boasting about ancestors. -ne is either a *o"<fearing 4elie!er or a wicke" sinner. All people are chil"ren of A"am, an" A"am was create" from "ust. (Reported by Abu &aoud a"d alTirmidhi2 the )ordi", is from the latter, )ho +lassified it as ,ood. #t is also reported by al-%ayhaqi throu,h ,ood tra"smitters.)

'eople )ho boast about their remote a"+estors amo", the pharaohs or the +hoesroes (the rulers of a"+ie"t 'ersia) a"d the like should take "ote of this hadith. As the Messe",er of Allah (pea+e be o" him) has stated, these a"+estors of theirs, )hether Arab or "o"-Arab, or pre-#slami+ 1ahiliyyah, are "othi", but the fuel of hell. &uri", the (are)ell 'il,rima,e, )hile thousa"ds of Muslims ,athered i" the sa+red pla+e, duri", the sa+red mo"th, the 'rophet (pea+e be o" him) deli ered his last publi+ address, emphasi!i", the basi+ pri"+iples4 - people, our 0or" is -ne. >now that there is no superiorit of an Arab o!er a non<Arab or of non<Arab o!er an Arab, nor of a white o!er a black or of a black o!er a white, except through consciousness of Allah (ta5wa). =eril , the most honorable among ou in the sight of Allah is the one who has most ta5wa. (Reported by Ahmad.)

Mourning for the !ead Amo", the +ustoms of 1ahiliyyah )hi+h )ere de"ou"+ed by #slam )as the prof )aili",, lame"ti",, a"d sho)i", e3+essi e ,rief for the dead. #slam's tea+hi", +o"+er"i", death is that it is "ot the a""ihilatio" of a" i"di idual, +ausi", him to be+ome "o"-e3is, but that it is a 1our"ey from o"e )orld to a"other a"d that "o amou"t of mour"i", )ill bri", the dead ba+k to life or +ha",e the de+ree of Allah Subha"ahu )a Ta'ala. The %elie er should re+ei e death, as he re+ei es a"y other +alamity )hi+h may befall him, )ith patie"+e a"d di,"ity, repeati", the ayah, To Allah we belong an" to $im "o we return. (;49:=) The pre-#slami+ ma""er of mour"i", for the dead is stri+tly forbidde" to the Muslim. The 'rophet (pea+e be o" him) de+lared, # $e who slaps his cheeks, tears his clothes, an" cries out in the manner of jahili ah is not of us.# (Reported by al-%ukhari.) The Muslim is "ot permitted to )ear a mour"i", ba"d, dis+ard his ador"me"t, or +ha",e his usual attire to e3press his sorro) a"d ,rief. (The )eari", of bla+k as a si," of mour"i", is prohibited i" #slam, e e"
i" the +ase of a )ido) i" mour"i", for her husba"d. (Tra"s.))

$o)e er, a )ife must obser e a mour"i", period ('iddah) of four mo"ths a"d te" days for her de+eased husba"d i" loyalty to the sa+red ties of marria,e2 i" #slam this period is +o"sidered a"

e3te"sio" of her pre ious marria,e a"d she is "ot allo)ed to re+ei e a"y "e) proposals of marria,e duri", this period. Thus, she is required to refrai" from ador"i", herself duri", that time both as a si," of mour"i", a"d i" order to keep the thou,ht of remarria,e out of her o)" mi"d a"d that of her pote"tial suitors. $o)e er, if the de+eased is someo"e other tha" her husba"d, for e3ample, her father, brother or so", it is haram for her to mour" for more the three days. Al%ukhari reported +o"+er"i", Fmm $abeebah a"d Day"ab bi"t .ahsh, both of )hom )ere )i es of the 'rophet (pea+e be o" him), that at the time of the deaths of Fmm $abeebah's father Abu Sufya" bi" $arb, a"d Day"ab's brother, ea+h of them perfumed herself, sayi", %y Allah, # am "ot i" "eed of perfume, but # heard Allah s Messe",er (pea+e be o" him) say, It is haram for a woman who belie!es in Allah an" the 0ast .a to mourn for a "ecease" person for more than three nights, except for the husban" (for whom the perio" of mourning is) four months an" ten "a s. (Reported i" the %ook of -(u"erals- i" al-%ukhari's Sahih.) The period of mour"i", for the de+eased husba"d is obli,atory a"d should "ot be iolated. A )oma" +ame to the 'rophet (pea+e be o" him) a"d said, -My dau,hter's husba"d has died, a"d her eye is i"fe+ted. May she use kohl8- (#" additio" to bei", a" ador"me"t, kohl also possesses medi+i"al alue for the eye.) The 'rophet (pea+e be o" him) said, /o, a"d repeated it t)i+e or thri+e. (Reported i" the %ook of &i or+e i" al-%ukhari's Sahih. The "arratio" here is that of Fmm $abeebah, a"d Dai"ab's "arrati e is similar.) This demo"strates that ador"i", or beautifyi", herself duri", the pres+ribed period of iddah is prohibited to the )ido). As ,rief a"d the e3pressio" of it are "atural, she may mour" a"d )eep but )ithout )aili", a"d shouti",. Fpo" the death of 0halid bi" 7alleed, 'Fmar heard some )ome" )eepi",. Some people )a"ted to stop them from it but 'Fmar said, -Aet them )eep for Abu Sulayma" (the "ame by )hi+h 0halid )as +alled), as lo", as they do "ot thro) dust o" their heads or start +ryi", out.-

$usiness Transactions Allah Subha"ahu )a Ta'ala has +reated huma" bei",s i" a state of depe"de"+e upo" o"e a"other. Ha+h i"di idual does "ot o)" all the thi",s he "eeds o"e perso" has somethi", )hi+h he +a" spare )hile at the same t me he may "eed somethi", )hi+h others ha e a"d )hi+h they +a" spare. Allah has dire+ted people to)ard e3+ha",i", ,oods a"d utilities throu,h buyi", a"d selli", be+ause su+h tra"sa+tio"s make so+ial a"d e+o"omi+ life fu"+tio" smoothly a"d e"+oura,e people to be produ+ti e. Karious types of tra"sa+tio"s a"d e3+ha",es of property )ere +urre"t amo", the Arabs at the da)" of the 'rophet's missio". $e appro ed a"d +o"firmed su+h types of tra"sa+tio"s )hi+h did "ot +o"fli+t )ith the pri"+iples of the Shari'ah a"d disappro ed a"d prohibited those busi"ess pra+ti+es )hi+h )ere a,ai"st the purposes a"d aims of the Shari'ah. The prohibitio"s )ere due to spe+ifi+ reaso"s, as, for e3ample, tradi", i" haram ,oods, tra"sa+tio"s i" ol i", fraud or e3orbita"t profits, or i"1usti+e to o"e of the +o"tra+ti", parties.

The Prohibition of Selling Haram 0oods Tradi", i" ,oods )hi+h are "ormally used for +ommitti", si" is haram. H3amples of su+h thi",s are s)i"e, i"to3i+a"ts, a"d other prohibited foods i" ,e"eral, as )ell as idols, +rosses, statues, a"d the like. 'ermitti", the sale or trade of su+h arti+les implies promoti", a"d propa,ati", them amo", people, a"d +o"seque"tly e"+oura,i", them to do )hat is haram, )hile prohibiti", their sale implies suppressi", a"d i,"ori", them, thereby pre e"ti", people from +omi", i"to +o"ta+t )ith them. The 'rophet (pea+e be o" him) said, #&urel , Allah an" $is 3essenger ha!e prohibite" the sale of wine, the flesh of "ea" animals, swine an" i"ols,# (Reported by al-%ukhari

a"d

Muslim.)

a"d also, #(hen Allah prohibits a thing, $e prohibits (gi!ing an" recei!ing) the price of it as well.# (Reported by Ahmad a"d Abu &aoud.)

The Prohibition of a Sale In.ol.ing *ncertaint% The 'rophet (pea+e be o" him) forbade a"y ki"d of tra"sa+tio" )hi+h +ould lead to a quarrel or liti,atio" due to some u"+ertai"ty (See the +hapter o" -The 'rohibitio" of al-?harar (Tra"sa+tio"s #" ol i", F"+ertai"ty)- i" Muslim a"d others.) or )hi+h i" ol ed a" u"spe+ifi+ qua"tity to be e3+ha",ed or deli ered. This i"+ludes the sort of tra"sa+tio" i" )hi+h there is "o ,uara"tee that the seller +a" deli er the ,oods for )hi+h he re+ei es payme"t. A++ordi",ly, the 'rophet (pea+e be o" him) forbade a++epti", mo"ey for a stallio"'s or male +amel's +o eri",, for fish i" the )ater or birds i" the air )hi+h o"e has "ot +au,ht, or for the offspri", of a +amel still i" the female's )omb, si"+e there is a" eleme"t of u"+ertai"ty as to the out+ome i" all su+h tra"sa+tio"s. The 'rophet (pea+e be o" him) obser ed that people sold u"ripe"ed fruits )hi+h )ere still i" the fields or or+hards2 if the +rop )ere destroyed by bli,ht or some "atural +alamity, the buyer a"d seller )ould quarrel o er )ho )as to bear the loss. $e"+e, the 'rophet (pea+e be o" him) prohibited the sale of fruit u"til they )ere +learly i" ,ood +o"ditio" (Reported by al-%ukhari a"d Muslim.), u"less they )ere to be pi+ked o" the spot Similarly, he forbade selli", ears of +or" u"til they )ere )hite a"d safe from bri,ht, (Reported by Muslim) sayi",, #Tell me wh , if Allah withhol"s the fruit, an of ou shoul" take his brother's propert .# (Reported by al-%ukhari a"d others.) $o)e er, "ot e ery sale i" ol i", )hat is u"k"o)" or u"+ertai" is prohibited2 for e3ample, a perso" may buy a house )ithout k"o)i", the +o"ditio" of its fou"datio" or )hat is i"side the )alls. 7hat is prohibited is selli", somethi", about )hi+h there is a" ob ious eleme"t of u"+ertai"ty )hi+h may lead to dispute a"d +o"fli+t, or may result i" the u"1ust appropriatio" of other people's mo"ey. A,ai", if the risk of u"+ertai"ty is smalla"d this is determi"ed by e3perie"+e a"d +ustomthe sale is "ot prohibited. (or e3ample, o"e may sell root e,etables su+h as +arrots, o"io"s, a"d radishes )hile they are still i" the ,rou"d, or fields of +u+umbers, )atermelo"s a"d the like. #" the opi"io" of #mam Malik, all su+h sales of "eeded items i" )hi+h the mar,i" of risk is bearable are permissible. (#" Al-qa)a'id al-"ura"iyyah, p. 99<, #b" Taimiyyah says4 -The
pri"+iples laid do)" by (#mam) Malik +o"+er"i", sales are superior to those of others, be+ause he took them from Sa'id ib" alMusayyib, )ho is the best authority o" the fiqh (1urisprude"+e) of sales.- #mam Ahmad bi" $a"bal's opi"io" is +lose to that of Malik.)

Price Manipulation #" #slam the market is to be free a"d permitted to respo"d to the "atural la)s of supply a"d dema"d. Thus, )he" the pri+es be+ame hi,h i" the 'rophet's time a"d people asked him to fi3 pri+es for them, he replied, Allah is the -ne (ho fixes prices, (ho withhol"s, (ho gi!es la!ishl , an" (ho pro!i"es, an" I hope that when I meet $im none of ou will ha!e a claim against me for an injustice with regar" to bloo" or propert . (Reported by Ahmad, Abu &aoud, alTirmidhi, #b" Ma1ah, al-&ari a"d Abu C'ala.)

7ith these )ords the 'rophet of #slam (pea+e be o" him) de+lared that u""e+essary i"terfere"+e i" the freedom of i"di iduals is i"1usti+e a"d that o"e should meet Allah free of blame for su+h a thi",. #f, ho)e er, a"y artifi+ial for+es, su+h as hoardi", a"d ma"ipulatio" of pri+es by +ertai" mer+ha"ts, i"terfere i" the free market, publi+ i"terest takes pre+ede"+e o er the freedom of su+h i"di iduals. #" su+h a situatio" pri+e +o"trol be+omes permissible i" order to meet the "eeds of the so+iety a"d to prote+t it from ,reedy opportu"ists by th)arti", their s+hemes, for the abo e

hadith does "ot mea" that pri+e +o"trol is prohibited re,ardless of the +ir+umsta"+es, e e" if it remo es harm a"d pre e"ts ob ious i"1usti+e. Resear+hers amo", s+holars ha e +o"+luded that, depe"di", o" the "ature of the +ir+umsta"+es, pri+e +o"trol may at times be u"1ust a"d prohibited, a"d at other times may be 1ust a"d permissible. #f pri+e +o"trol +ompels people to sell their ,oods at a pri+e )hi+h is "ot a++eptable to them or de"ies them the reaso"able profit permitted by Allah, it is haram. #f, o" the other ha"d, pri+e +o"trol establishes equity amo", people, for e3ample, by for+i", sellers to a++ept a pri+e equal to that +omma"ded by other +omparable +ommodities a"d restrai"i", them from taki", more tha" this, it is allo)edi"deed "e+essary. The hadith +ited abo e relates to the first type of situatio". A++ordi",ly, if mer+ha"ts are selli", a +ommodity i" the +ustomary fashio" )ithout a"y )ro",-doi", o" their part a"d the pri+e subseque"tly rises due to the s+ar+ity of the +ommodity or due to a" i"+rease i" populatio" (i"di+ati", the operatio" of the la) of supply a"d dema"d), this +ir+umsta"+e is from Allah, i" )hi+h +ase to for+e them to sell the +ommodity at a fi3ed pri+e )ould be u"1ust +ompulsio". #" relatio" to the se+o"d type of situatio", should the dealers i" a +ommodity refuse to sell it, despite the fa+t that people are i" "eed of it, u"less they se+ure a pri+e hi,her tha" its k"o)" alue, they must be +ompelled to sell it at a pri+e equal to the pri+e of a" equi ale"t +ommodity. 'ri+e +o"trol here mea"s "othi", more tha" establishi", +omparable pri+es for equi ale"t +ommodities a"d it is therefore i" +o"formity )ith the sta"dard of 1usti+e dema"ded by Allah Ta'ala. (Refer to Risalat al-hisbah by #b" Taimiyyah, as )ell as to Al-turuq al-hikmiyyah by #b" al-*ayyim, p. ;96 ff.)

The Condemnation of Hoarding (reedom for i"di idual a"d "atural +ompetitio" i" the marketpla+e is ,uara"teed by #slam. /e ertheless, #slam se erely +o"dem"s those )ho, dri e" by ambitio" a"d ,reed, a++umulate )ealth at the e3pe"se of others a"d be+ome ri+h by ma"ipulati", the pri+es of food a"d other "e+essities. This is )hy the 'rophet (pea+e be o" him) de"ou"+ed hoarders i" ery stro", )ords, sayi",, #If an one withhol"s grain for fort "a s out of the "esire for a high price, Allah will renounce him.# (Reported by Ahmad, al-$akim, #b" Abu Shaybah, a"d al-%a!!ar.) $e also said, #If an one withhol"s goo"s until the price rises, he is a sinner.# (Reported by
Muslim.)

A"d the term -si""er- here is "ot to be tli,htly. #t is thesame epithet )hi+h Allah Ta'ala has applied to some of the ,reat tyra"ts i" history, for e3ample4 ...Assure"l +haraoh an" $aman an" their hosts were sinners. (;<4<) The 'rophet (pea+e be o" him) also said, #The man who hoar"s goo"s is e!il. If prices fall he is grie!e" an" if the rise he is happ # (Ra!i has me"tio"ed this hadith i" his .ami'ah.), thereby e3posi", the selfish a"d ,reedy me"tality of hoarders. A,ai", he said, #$e who brings goo"s to the market is blesse" with bount , but he who withhol"s them is curse".# (Reported by #b" Ma1ah a"d
al-$akim.)

There are t)o )ays of maki", a profit i" a busi"ess. >"e is to )ithhold the +ommodity from the market u"til it be+omes s+ar+e a"d those )ho "eed it are u"able to fi"d it2 the", +ompelled by their "eed, they +ome to the hoarder a"d pay him the pri+e he dema"ds, althou,h it may be u"reaso"ably hi,h. The other )ay is to put the +ommodity o" the market, sell it for a reaso"able profit, buy more ,oods a"d sell them i" like ma""er, a"d so o". Si"+e this latter pra+ti+e ser es the publi+ i"terest, a mer+ha"t )ho pra+ti+es it is both blessed by Allah a"d )ell-pro ided for, as the fore,oi", hadith states. A ery importa"t hadith +o"+er"i", hoardi", a"d ma"ipulati", pri+es has bee" "arrated by M'aqal bi" Cassar, a +ompa"io" of the 'rophet (pea+e be o" him). The Fmayyed ,o er"or,

'Fbaidullah bi" Diyad, +ame to isit M'aqal )he" he )as bedridde" due to a ,ra e ill"ess. After i"quiri", about his +o"ditio", 'Fbaidullah asked him, -&o you k"o) of a"y i"sta"+e of my ha i", )ro",fully shed someo"e's blood8- M'aqal replied that he did "ot. -&o you k"o) of a"y i"sta"+e,'Fbaidullah +o"ti"ued, -i" )hi+h # i"terfered )ith the pri+es of the Muslims' ,oods8- M'aqal a,ai" replied that he did "ot k"o). The" M'aqal asked the people to help him to sit up, )hi+h they did. $e the" said, -Aiste", > 'Fbaidullah, a"d # )ill tell you somethi", )hi+h # heard from the Messe",er of Allah (pea+e be o" him). # heard the Messe",er of Allah (pea+e be o" him) say, '(hoe!er interferes with the prices of the 3uslims' goo"s in or"er to raise them "eser!es that Allah shoul" make him sit in the 7ire on the .a of /esurrection.' #.i" ou hear this from Allah's 3essenger (peace be on him))# aske" '9bai"ullah, an" 3'a5al replie", #3ore than once or twice.# (Reported by Ahmad a"d al-Tabara"i.) >" the basis of the te3t a"d +o"te"t of these fore,oi", ahadith, s+holars ha e dedu+ed that hoardi", is prohibited u"der t)o +o"ditio"s4 o"e, that hoardi", at a ,i e" time is i"1urious to the people of that +ou"try, a"d t)o, that the hoarder's aim is to for+e the pri+e up i" order to make more profit.

Interference in the "ree Market A"other pra+ti+e related to hoardi", )hi+h )as prohibited by the 'rophet (pea+e be o" him) )as a to)"sma"'s selli", o" behalf of a ma" from the desert. S+holars ha e e3plai"ed the situatio" i" the follo)i", ma""er4 a stra",er )ould bri", some ,oods to be sold i" to)" at the +urre"t market pri+e. A to)"sma" )ould approa+h him, sayi",, -Aea e them )ith me for a )hile. # )ill sell them for you )he" the pri+e is better.- $ad the "o"-reside"t himself sold his ,oods, he )ould ha e do"e so for a lo)er pri+e, thereby be"efiti", the people, )hile he himself )ould ha e made a reaso"able profit. This sort of pra+ti+e )as ery +ommo" i" Arab so+iety )he" #slam +ame. A"as says, -Sale by a reside"t o" behalf of a desert-d)eller )as prohibited to us, e e" thou,h he mi,ht be a blood brother.- (Reported by al-%ukhari a"d Muslim.) (rom this )e lear" that for the Muslim the publi+ i"terest takes pre+ede"+e o er perso"al relatio"ships. Said the 'rophet (pea+e be o" him), A resi"ent (of the town) must not sell for a man from the "esert. If people are left alone, Allah will gi!e them pro!ision from one another. (Reported by Muslim.) This si,"ifi+a"t e3pressio" of the 'rophet's, #If people are left alone, Allah will gi!e them pro!ision from one another,# establishes a basi+ pri"+iple i" the field of +ommer+e4 that the market, its pri+es, a"d sales, should be left free to respo"d to i"ter"al e+o"omi+ for+es a"d "atural +ompetitio" )ithout ma"ipulatio". 7he" #b" 'Abbas )as asked about the mea"i", of -A reside"t must "ot sell for a ma" from the desert,- he replied, -The reside"t should "ot be a broker for him.-(Reported by al-%ukhari.) (rom this )e u"dersta"d that if someo"e )ere to i"form the ma" from the desert about pri+es, profferi", him ,ood ad i+e a"d telli", him about pre aili", market pri+es )ithout +har,i", him a +ommissio", there )ould be "o harm i" it, for ,i i", ,ood ad i+e is part of the reli,io"2 i" fa+t, a sou"d hadith states, #/eligion is the gi!ing of goo" a"!ice,#
(Reported by Muslim.)

a"d, #If someone asks our a"!ice, a"!ise him.# (Reported by Ahmad.) $o)e er, )ith re,ard to the broker, it is quite probable that, i" a situatio" su+h as that des+ribed abo e, he mi,ht "e,le+t the publi+ i"terest for the sake of his o)" profit.

The Permissibilit% of $rokerage

7ith the e3+eptio" of su+h +ases, brokera,e is permissible, si"+e it is a sort of mediatio" a"d +o""e+tio" bet)ee" the buyer a"d the seller, )hi+h i" ma"y +ases fa+ilitates a profitable tra"sa+tio" for at least o"e of them or for both. #" moder" times, middleme" ha e be+ome more "e+essary tha" at a"y time i" the past be+ause of the +omple3ities of trade a"d +ommer+e, )hi+h i" ol e all types of e3ports a"d imports, a"d )holesale a"d retail sales a"d pur+hases2 brokers play a ery importa"t role i" keepi", thi",s mo i",. There is "othi", )ro",, therefore, )ith the broker's +har,i", a +ommissio" for his ser i+es. The +ommissio" may be a fi3ed amou"t or proportio"al to the olume of sales, or )hate er is a,reed upo" amo", the parties i" ol ed. Al-%ukhari states i" his Sahih. Ibn &irin, 'Ata, Ibrahim, an" $assan saw nothing wrong with commissions charge" b brokers. Ibn 'Abbas sai", 'There is no harm if one person sa s to another, #&ell this robe, an" if ou sell it for more than such an" such a price, ou ma keep the extra amount.#' Ibn &irin sai", 'There is nothing wrong if one person sa s to another, #&ell it for this price an" keep the profit, or the profit will be share" between ou an" me.#' The +rophet (peace be on him) sai", 'The 3uslims must abi"e b their terms.' (This hadith is reported by al-%ukhari )ith the +hai" of
tra"smitters )hi+h does "ot rea+h ba+k to the 'rophet (pea+e be o" him)2 ho)e er, Ahmad, Abu &aoud, al-$akim, a"d others ha e a +omplete +hai" of tra"smitters)

E(ploitation and "raud #" order to pre e"t the ma"ipulatio" of the market, the 'rophet (pea+e be o" him) also prohibited )hat is termed "a1ash. (Reported by al-%ukhari a"d Muslim.) #b" 'Fmar e3plai"ed that "a1ash si,"ifies someo"e's biddi", for a" item i" e3+ess of its pri+e )ithout ha i", a"y i"te"tio" of a+tually buyi", it, but merely i" order to i"du+e others to bid still hi,her. Ma"y times this is pre-arra",ed for the purpose of de+ei i", others. Amo", the ariety of measures )hi+h the 'rophet (pea+e be o" him) took to keep busi"ess tra"sa+tio"s as far remo ed as possible from all ki"ds of e3ploitatio" a"d fraud )as that of prohibiti", people from ,oi", out of to)" to buy mer+ha"dise )hi+h )as o" its )ay to the market, telli", them to )ait u"til it )as brou,ht to the marketpla+e. (Reported by Muslim, Ahmad, a"d #b" Ma1ah.) The reaso" for this prohibitio" is that the market pla+e, )here the for+es of dema"d a"d supply determi"e pri+es, is the best pla+e for tradi", tra"sa+tio"s. #f someo"e ,oes out of to)" to buy from a trader )ho is bri",i", mer+ha"dise, there is a possibility that the seller, "ot k"o)i", the +urre"t pri+e of his mer+ha"dise, may be defrauded. #f a"yo"e does buy some of his mer+ha"dise i" this ma""er, the seller has the optio" of +a"+eli", the tra"sa+tio" after arri i", at the marketpla+e. (Reported by Muslim.)

:He

ho !ecei.es *s Is -ot of *s:

#slam prohibits e ery type of fraud a"d de+eptio", )hether it be i" buyi", a"d selli", or i" a"y other matter bet)ee" people. #" all situatio"s the Muslim must be ho"est a"d truthful, holdi", his faith dearer tha" a"y )orldly ,ai". The 'rophet (pea+e be o" him) said, 4oth parties to a butransaction ha!e a right to cancel it as as the ha!e not separate". If the tell the truth an" make e!er thing clear, the will be blesse" in their transaction, but if the lie an" conceal an thing, the blessing will be blotte" out. (Reported by al-%ukhari.) $e also said, It is not permissible to sell an article without making e!er thing (about it) clear, nor is it permissible for an one who knows (about its "efects) to refrain from mentioning them. (Reported by al-$akim a"d al-%ayhaqi.)

>"+e, )he" passi", by a ,rai" mer+ha"t, the 'rophet's +uriosity )as aroused. $e thrust his ha"d i"to the heap of ,rai" a"d fou"d it )et. -7hat is this, > mer+ha"t8- he asked. -#t is be+ause of rai",- the ma" replied. The 'rophet (pea+e be o" him) the" said to him, #(h "i" ou not put it on top so that the people coul" see it) $e who "ecei!es us is not of us.# (Reported by Muslim.) #" a"other report it is said that he passed by a heap of ,rai" )hi+h )as made to look ,ood by the mer+ha"t. The 'rophet (pea+e be o" him) put his ha"d i"to it a"d fou"d it to be bad. $e told the mer+ha"t, #&ell the goo" an" the ba" separatel . $e who "ecei!es us is not of us.# (Reported
by Ahmad.)

The Muslims of earlier times stri+tly obser ed the pra+ti+es of e3posi", the defe+ts of )hat they sold, of telli", the truth, a"d of ,i i", ,ood ad i+e. 7he" #b" Siri" sold a sheep, he told the buyer, -# )ould like to tell you about a defe+t it has4 it ki+ks the fodder.- A"d )he" al-$assa" bi" Salih sold a sla e ,irl he told the buyer, ->"+e she spat up blood.- Althou,h she had do"e this o"ly o"+e al-$assa"'s Muslim +o"s+ie"+e required that he me"tio" the fa+t, e e" if it resulted i" his re+ei i", a lo)er pri+e.

"re+uent S#earing The si" of de+ei i", is the ,reater )he" the seller supports it by s)eari", (This mea"s s)eari", that somethi", is true i" the "ame of Allah. (Tra"s.)) falsely. The 'rophet (pea+e be o" him) told the mer+ha"ts to a oid s)eari", i" ,e"eral a"d, i" parti+ular, i" support of a lie, sayi",, #&wearing pro"uces a rea" sale but blots out the blessing.# (Reported by al-%ukhari.) $e disappro ed of freque"t s)eari", i" busi"ess tra"sa+tio"s be+ause first, it is probably do"e to de+ei e people, a"d se+o"d, be+ause it redu+es respe+t for the "ame of Allah.

ithholding "ull Measure >"e )ay of defraudi", the +ustomer is to measure or )ei,h i"+orre+tly. The *ur'a" emphasi!ed this aspe+t of busi"ess tra"sa+tio"s a"d i"+luded it amo", the te" obli,atio"s des+ribed i" the last part of Surah al-A"'am4 ...An" gi!e full measure an" (full) weight, in justice; (e "o not bur"en an soul be on" what it can bear.... (=49:;) A"d else)here i" the *ur'a" Allah Ta'ala says, An" gi!e full measure when ou measure an" weigh with the straight balance; that is most fitting an" best in the final "etermination. (9B45:) $e also says, (oe to the "efrau"ers4those who, when the take the measure from people take it in full, but when the measure for them or weigh for them gi!e them short. .o the not reali:e that the will be raise" up again on a might .a , a .a when mankin" will stan" before the 0or" of the worl"s) (<549-=) The Muslim should try to do 1usti+e i" measuri", a"d )ei,hi", as far as it is huma"ly possible, althou,h absolute a++ura+y i" this re,ard is u"attai"able. This is )hy, follo)i", the +omma"d to ,i e full measure, the *ur'a" adds, -7e do "ot burde" a"y soul beyo"d )hat it +a" bear.A story is "arrated i" the *ur'a" +o"+er"i", a people )ho )ere disho"est i" their busi"ess deali",s, de iati", from 1usti+e i" )ei,hi", a"d measuri",, a"d bei", miserly )ith ea+h other. Allah Subha"ahu )a Ta'ala se"t a messe",er to bri", them ba+k to 1usti+e a"d ho"esty, as )ell as to the belief i" $is F"ity. These )ere the people of the prophet Shu'aib (pea+e be o" him), )ho as a )ar"er a"d prea+her, +alled o" them to *i!e full measure, an" "o not be of those who gi!e less (than what is "ue). An" weigh with the straight balance, an" "o not "iminish people's goo"s nor "o e!il on the earth, making mischief. (;=49<9-9<5)

7hat is +orre+t i" relatio" to )ei,hi", a"d measuri", is +orre+t i" relatio" to all other huma" affairs a"d relatio"ships. The Muslim is "ot permitted to ha e t)o sta"dards, o"e for himself a"d o"e for other people, this for the "ear a"d dear a"d that for the publi+, dema"di", i" full his ri,hts a"d the ri,hts of those )ho support him, but )he" it +o"+er"s others, dimi"ishi", or depri i", them of their ri,hts.

The Prohibition of $u%ing Stolen Propert% #" order to +ombat +rime a"d to +o"fi"e the +rimi"al )ithi" a ery "arro) sphere of a+ti ity, #slam has prohibited the Muslim to buy a"y arti+le )hi+h he k"o)s to ha e bee" usurped, stole", or take" u"1ustly from its o)"er2 a"yo"e )ho does so abets the usurper, the thief, or the o"e +ommitti", i"1usti+e i" his respe+ti e +rime. Said the 'rophet (pea+e be o" him), $e who bu s the stolen propert , with the knowle"ge that it was stolen, shares in the sin an" shame of stealing. (Reported by al-%ayhaqi.) The passa,e of time does "ot re"der a pie+e of stole" or misappropriated property la)ful, for i" #slam the mere passa,e of time does "ot tra"sform the haram i"to the halal "or does it depri e the ori,i"al o)"er of his ri,ht to it.

The Prohibition of Interest #slam permits i"+rease i" +apital throu,h trade. Allah Subha"ahu )a Ta'ala says, - ou who belie!e, "o not consume our propert among oursel!es wrongfull , but let there be tra"e b mutual consent.... (64;E) At the same time, #slam blo+ks the )ay for a"yo"e )ho tries to i"+rease his +apital throu,h le"di", o" usury or i"terest (riba), )hether it is at a lo) or a hi,h rate, reprima"di", the .e)s for taki", usury, e e" thou,h they had bee" prohibited to do so. Amo", the last re elatio"s are the follo)i", erses of Surah al-%aqarah4 - ou who belie!e, fear Allah an" gi!e up what remains "ue to ou of interest if ou are in"ee" 4elie!ers. An" if ou "o not, then be warne" of war (against ou) b Allah an" $is 3essenger, while if ou repent ou shall ha!e our capital. .o not "o wrong an" ou shall not be wronge". (;4;B<-;BE) The 'rophet (pea+e be o" him) de+lared )ar o" usury a"d those )ho deal i" it2 he poi"ted out its da",ers to so+iety, sayi",, (hen usur an" fornication appear in a communit , the people of that communit ren"er themsel!es "eser!ing of the punishment of Allah. (Reported by al$akim2 Abu C'ala has reported somethi", similar o" ,ood authority.)

Amo", the re ealed reli,io"s

(A++ordi", to the *ur'a" there has bee" o"ly o"e true, authe"ti+ faith, Al-#slam. #slam mea"s the attai"me"t of pea+e throu,h +o"s+ie"tious a"d lo i", submissio" to the 7ill a"d ?uida"+e of Allah. This )as the missio" of all 'rophets a"d Messe",ers i" huma" history. #t is the same fu"dame"tal faith )hi+h )as re ealed to Moses, .esus, a"d Muhammad (pea+e be upo" them). The ori,i"al re elatio"s ,i e" to Moses a"d .esus are "o lo",er a ailable i" their +omplete, ori,i"al a"d u"adulterated form. The *ur'a" is the o"ly di i"e re elatio" )hi+h )as meti+ulously preser ed i" it's +omplete, ori,i"al, a"d u"adulterated form. As su+h, it is to be used as the +riterio" to 1ud,e the authe"ti+ity of the prese"t forms of pre ious re elatio"s.), .udaism, prior to #slam, had also prohibited i"terest. #" the >ld Testame"t )e

read, #f you le"d mo"ey to a"y of My people )ith you )ho is poor, you shall "ot be to him as a +reditor, "either shall you require i"terest from him. (H3. ;;4;:) As for Christia"ity, the ?ospel a++ordi", to Auke reads, ?i e a)ay to e ery o"e )ho be,s of you, a"d of him )ho takes a)ay from your ,oods, do "ot dema"d them ba+k a,ai". (Auke =45@) #t is, therefore, sad to see that the >ld Testame"t has bee" sub1e+ted to su+h distortio"s that the mea"i", of -My people,- )hi+h ori,i"ally had a broader appli+atio", later be+ame restri+ted to the

.e)s alo"e, as )e read i" &eutero"omy, Cou may le"d o" i"terest to a forei,"er, but to your brother you shall "ot le"d o" i"ters-. (&eut. ;54;@)

The

isdom of Prohibiting Interest

The stri+t prohibitio" of i"terest i" #slam is a result of its deep +o"+er" for the moral, so+ial, a"d e+o"omi+ )elfare of ma"ki"d. #slami+ s+holars ha e sou"d ar,ume"ts e3plai"i", the )isdom of this prohibitio", a"d re+e"studies ha e +o"firmed their opi"io"s, )ith some additio"s a"d e3te"sio"s of their ar,ume"ts. 7e +o"fi"e oursel es to )hat #mam al-Ra!i says i" his Tafsir of the *ur'a"4 (irst4 The taki", of i"terest implies appropriati", a"other perso"'s property )ithout ,i i", him a"ythi", i" e3+ha",e, be+ause o"e )ho le"ds o"e dirham for t)o dirhams ,ets the e3tra dirham for "othi",. /o), a ma"'s property is for (the purpose of) fulfilli", his "eeds a"d it has ,reat sa"+tity, a++ordi", to the hadith, 'A man's propert is as sacre" as his bloo"' (Tra"smitted by Abu /a'eem i" Al-hilbah.) This mea"s that taki", it from him )ithout ,i i", him somethi", i" e3+ha",e is haram. Se+o"d4 &epe"de"+e o" i"terest pre e"ts people from )orki", to ear" mo"ey, si"+e the perso" )ith dirhams +a" ear" a" e3tra dirham throu,h i"terest, either i" ad a"+e or at a later date, )ithout )orki", for it. The alue of )ork )ill +o"seque"tly be redu+ed i" his estimatio", a"d he )ill "ot bother to take the trouble of ru""i", a busi"ess or riski", his mo"ey i" trade or i"dustry. This )ill lead to depri i", people of be"efits, a"d the busi"ess of the )orld +a""ot ,o o" )ithout i"dustries, trade a"d +ommer+e, buildi", a"d +o"stru+tio", all of )hi+h "eed +apital at risk. (This, from a" e+o"omi+ poi"t of ie), is u"questio"ably a )ei,hty ar,ume"t.) Third4 'ermitti", the taki", of i"terest dis+oura,es people from doi", ,ood to o"e a"other, as is required by #slam. #f i"terest is prohibited i" a so+iety, people )ill le"d to ea+h other )ith ,ood )ill, e3pe+ti", ba+k "o more tha" )hat they ha e loa"ed, )hile if i"terest is made permissible the "eedy perso" )ill be required to pay ba+k more o" loa"s (tha" he has borro)ed), )eake"i", his feeli",s of ,ood )ill a"d frie"dli"ess to)ard the le"der. (This is the moral aspe+t of the prohibitio" of i"terest.) (ourth4 The le"der is ery likely to be )ealthy a"d the borro)er poor. #f i"terest is allo)ed, the ri+h )ill e3ploit the poor, a"d this is a,ai"st the spirit of mer+y a"d +harity. (This is the so+ial aspe+t of the prohibitio" of i"terest.) (Tafsir by al-(akhr al-&ee" al-Ra!i, ol. B, p. 6.) Thus, i" a so+iety i" )hi+h i"terest is la)ful, the stro", be"efit from the sufferi", of the )eak. As a result, the ri+h be+ome ri+her a"d the poor poorer, +reati", so+io-e+o"omi+ +lasses i" the so+iety separated by )ide ,ulfs. /aturally this ,e"erates e" y a"d hatred amo", the poor to)ard the ri+h, a"d +o"tempt a"d +allous"ess amo", the ri+h to)ard the poor. Co"fli+ts arise, the so+io-e+o"omi+ fabri+ is re"t, re olutio"s are bor", a"d so+ial order is threate"ed. Re+e"t history amply illustrates the da",ers to the pea+e a"d stability of "atio"s i"here"t i" i"terest-based e+o"omies.

The $orro#er on Interest and the

riter of the !eed

F"questio"ably the mo"ey-le"der )ho takes i"terest, ,etti", more from the borro)er tha" his +apital, is a++ursed i" the si,ht of Allah a"d the people. %ut #slam, )ith its +hara+teristi+ method of deali", )ith the haram, does "ot +o"fi"e the si" to the le"der o" i"terest alo"e2 it +o"siders the borro)er )ho pays him i"terest, the )riter of the promissory "ote, a"d the )it"ess to it to be amo", his a++ompli+es. A hadith says4 Allah has curse" the one who takes interest, the one who pa s it, the one who writes the contract, an" the one who witnesses the contract.
(Reported by Ahmad, Abu &aoud, al-/isai, #b" Ma1ah, a"d al-Tirmidhi, )ho +alls it sou"d.)

$o)e er, if a perso" is dri e" to borro)i", mo"ey o" i"terest due to some pressi", "eed, the si" )ill be o" the le"der alo"e. /o), to establish su+h a pressi", "eed +ertai" +o"ditio"s must be met4 9. The "eed must be real, "ot merely a" e3te"sio" of the s+ope of o"e's "eeds a"d the desire for lu3ury. #t must be so basi+ that life is "ot possible )ithout it, for e3ample, food, +lothi",, a"d medi+al treatme"t. ;. This +o"+essio" is limited to the e3a+t amou"t "eeded. Thus, for e3ample, if "i"e dollars is suffi+ie"t, borro)i", te" dollars is "ot la)ful. 5. The borro)er must +o"ti"ue to sear+h for )ays to es+ape from his predi+ame"t, a"d his brother Muslims should help him i" this. #f "o other mea"s are fou"d, he +a" resort to borro)i", o" i"terest )ith "o i"te"tio" of liki", it or tra"s,ressi", the limits, a"d hope for for,i e"ess from Allah, as i"deed $e is (or,i i", a"d Mer+iful. 6. $e must +o"ti"ue to hate it a"d re,ret doi", it u"til Allah ope"s a )ay out for him.

Concerning the Prophet,s Seeking 'efuge #ith Allah from The Muslim must be a)are that his reli,io" +omma"ds him to be moderate i" his li i", habits a"d thrifty i" his fi"a"+ial affairs ...An" "o not be extra!agant; in"ee", $e "oes not like those who are extra!agant. (=4969) ...An" "o not s5uan"er our wealth wantonl ; trul , those who s5uan"er are the brothers of the e!il ones. (9B4;=-;B) 7he" the *ur'a" asked Muslims to spe"d i" the )ay of Allah, it did "ot ask them to spe"d all but merely a part of their )ealth. #f a perso" spe"ds o"ly a part of )hat he ear"s, it is "ot likely that he )ill be+ome destitute2 thus, )ith moderatio" i" his li i", habits a"d +o"trol of his spe"di",, the Muslim )ill "ot be +ompelled to borro) The 'rophet (pea+e be o" him) disliked the Muslim's bei", i" debt be+ause debt is a )orry by "i,ht a"d a humiliatio" by day. $e al)ays asked Allah's prote+tio" from i"debted"ess, sayi",, #- Allah, I seek refuge in Thee from the bur"en of "ebt an" from the anger of men.# (Reported by Abu &aoud.) $e also said, 'I seek refuge in Thee from unbelief an" "ebt.' A man aske" him, '.o ou e5uate "ebt with unbelief)' $e replie", ';es.' (Reported by al-/isai a"d al-$akim.) #" his prayers he )ould freque"tly say, '- Allah, I seek refuge in Thee from sin an" "ebt.' $e was aske", '(h "o ou so often seek the protection of Allah from "ebt)' $e replie", '-ne who is in "ebt tells lies an" breaks promises.' (Reported by al-%ukhari.) (rom these stateme"ts it be+omes +lear that borro)i", +a" e"da",er o"e's morals. The 'rophet (pea+e be o" him) )ould "ot pray the fu"eral prayer for a perso" )ho had died i" a state of i"debted"ess, "ot lea i", behi"d e"ou,h property to repay his loa"s2 he did this i" order to dis+oura,e others from su+h a" e"d. #" later years, )he" Allah had e"ri+hed him from the spoils of )ar, he paid the debts of su+h perso"s a"d led their fu"eral prayers. (This is from )hat is
"arrated by .abir a"d Abu $urairah.)

$e said, #8!er thing will be forgi!en to the shahee" (mart r in the cause of Allah) except "ebt.# (Reported by Muslim.) The Muslim )ho is i"formed of these ahadith )ill "e er resort to borro)i", e3+ept i" the +ase of dire "eed, a"d if he does borro) )ill al)ays remai" mi"dful of the obli,atio" of repayme"t. A hadith states, If a man borrows from people with the intention of repa ing them, Allah will help him to repa , while if he borrows without inten"ing to repa them, Allah will bring him to ruin. (Reported by al-%ukhari.) A++ordi",ly, if a Muslim is "ot to resort to the ki"d of borro)i", )hi+h is halal (that is, )ithout i"terest) )ithout a +ompelli", "eed, )hat +a" )e say +o"+er"i", his borro)i", mo"ey o" i"terest8

Sale for !eferred Pa%ment 5Credit6 7hile it is best to buy a" arti+le by payi", +ash, it is also permissible to buy o" +redit by mutual +o"se"t. The 'rophet (pea+e be o" him) bou,ht some ,rai" from a .e), to be paid for at spe+ifi+ time, pled,i", his +oat of mail as se+urity. (Reported by al-%ukhari.) A ,roup of 1urists are of the opi"io" that, should the seller i"+rease his pri+e if the buyer asks for deferred payme"ts, as is +ommo" i" i"stallme"t buyi",, the pri+e differe"tial due to the time delay resembles i"terest, )hi+h is like)ise a pri+e for time2 a++ordi",ly, they de+lare su+h sales to be haram. $o)e er, the ma1ority of s+holars permit it be+ause the basi+ pri"+iple is the permissibility of thi",s, a"d "o +lear te3t e3ists prohibiti", su+h a tra"sa+tio". (urthermore, there is, o" the )hole, "o resembla"+e to i"terest i" su+h a tra"sa+tio", si"+e the seller is free to i"+rease the pri+e as he deems proper, as lo", as it is "ot to the e3te"t of blata"t e3ploitatio" or +lear i"1usti+, i" )hi+h +ase it is haram. Al-Sha)ka"i says, ->" the basi+ of le,al reaso"s, the follo)ers of Shafi'i a"d $a"afi s+hools, Daid bi" 'Ali, al-Muayyid %illah, a"d the ma1ority of s+holars +o"sider it la)ful.- (/ayl al-a)tar, ol. :, p. 9:5. Al-Sha)ka"i said, -7e ha e +ompiled a treatise o" this sub1e+t
a"d ha e +alled it 'Shifa al'ilal fi hukum !iyadat al-thamam li mu1arrad al-a1al' (The Reaso" for #"+reasi", the 'ri+e &ue to Aapse of Time), a"d ha e resear+hed it thorou,hly.-)

Pa%ment in Ad.ance The Muslim is allo)ed to make a" ad a"+e payme"t of a spe+ified pri+e for a spe+ified qua"tity of mer+ha"dise to be deli ered at a fi3ed time i" the future. This type of tra"sa+tio" )as pre ale"t i" Madi"ah )he" the 'rophet (pea+e be o" him) arri ed, a"d he i"trodu+ed +ertai" +ha",es a"d +o"ditio"s i" this type of tra"sa+tio" i" order to bri", it i"to +o"formity )ith the #slami+ Shari' ah. #b" Abbas "arrated, -7he" Allah's Messe",er (pea+e be o" him) +ame to Madi"ah, they )ere payi", o"e a"d t)o years i" ad a"+e for fruits, but he the" said, Those who pa for an thing in a"!ance must "o so for a specifie" measure an" weight, with the fixing of a specifie" time. (Reported by al-%ukhari, Muslim a"d others.) This limitatio" of spe+ifyi", the measure or )ei,ht a"d time remo es u"+ertai"ty a"d misu"dersta"di",. Similar to this )as the pra+ti6 of payi", i" ad a"+e for the fruit of a +ertai" "umber of palm trees, )hi+h the 'rophet (pea+e be o" him) prohibited be+ause of the possibility of u"foresee" losses due to bli,ht. The proper form of ad a"+e trade is therefore to spe+ify the measure of )ei,ht, rather tha" selli", the fruits of a +ertai" "umber of trees or the +rop of a +ertai" a+rea,e of so)" field. $o)e er, su+h a tra"sa+tio" is haram if the o)"er of the trees or the farm la"d is +learly bei", e3ploited be+ause he "eeds mo"ey.

Partnership $et#een Capital and )abor #t may be said that Allah Subha"ahu )a Ta'ala has distributed tale"ts a"d )ealth amo", huma" bei",s a++ordi", to a )ise pla" of apportio"me"t. 7e fi"d ma"y a tale"ted a"d e3perie"+ed i"di idual )ho does "ot possess mu+h )ealth or "o"e at all, )hile others ha e a ,reat deal of mo"ey but little or "o tale"t. 7hy, therefore, should "ot the )ealthy perso" tur" o er to the o"e possessi", tale"ts some of his )ealth to i" est i" a profitable busi"ess, so that the t)o may be"efit from o"e a"other a"d share the profits a++ordi", to some a,reed-upo" formula8 #" parti+ular, busi"ess e"tures o" a lar,e s+ale require the +ooperatio" of ma"y i" estors. Amo", the popula+e )e fi"d a lar,e "umber of people )ho ha e sa i",s a"d e3+ess +apital but )ho la+k time or the +apability of i" esti", it. 7hy should "ot this mo"ey be pooled a"d pla+ed u"der the ma"a,eme"t of +apable people )ho )ill i" est it i" si,"ifi+a"t, lar,e-s+ale pro1e+ts8 7e mai"tai" that the #slami+ Shari'ah did "ot prohibit +ooperatio" bet)ee" +apital a"d ma"a,eme"t, or bet)ee" +apital a"d labor as these terms are u"derstood i" their #slami+ le,al se"se. #" fa+t, the Shari'ah established a firm a"d equitable basis for su+h +ooperatio"4 if the o)"er of +apital )ishes to be+ome a part"er )ith the )orki", ma", he must a,ree to share all the +o"seque"+es of this part"ership. The Shari'ah lays do)" the +o"ditio" that i" su+h a part"ership, )hi+h is +alled al-mudaribah or al-qirad, the t)o parties should a,ree that they )ill share the profit if there is profit a"d loss if there is loss i" a proportio" a,reed upo" i" ad a"+e. This proportio" +a" be o"e-half, o"e-third, o"e-fourth, or a"y other proportio" for o"e party a"d the remai"der for the other party. Thus the part"ership bet)ee" +apital a"d labor is that of t)o parties )ith 1oi"t respo"sibility, ea+h ha i", his share, )hether of profit or loss, a"d )hether mu+h or little. #f, i" the bala"+e, the losses e3+eed the profits, the differe"+e is to be +har,ed a,ai"st the +apital. This arra",eme"t is "ot surprisi",, for )hile the o)"er of the +apital has suffered a loss i" his )ealth, the )orki", part"er has lost his time a"d effort. This is the la) of #slam +o"+er"i", part"ership +o"tra+ts. Co" ersely, )ere the o)"er of the +apital to be ,uara"teed a fi3ed profit o" his +apital re,ardless of the ma,"itude of the profit or loss, it )ould be a +lear iolatio" of 1usti+e a"d a bias i" fa or of +apital a,ai"st i" estme"t e3perie"+e a"d labor2 it )ould also be +o"trary to the realities of i" estme"t, )hi+h al)ays +o"tai" eleme"ts of risk. To ,uara"tee to the perso" )ho did "ot toil or take a"y risk is the ery esse"+e of abomi"able usury. The 'rophet (pea+e be o" him) forbade the type of part"ership o" +ulti able la"d )hi+h )as k"o)" as al-mu!ara'ah (share-+roppi",) (Reported by Muslim.), i" )hi+h the +o"tra+t )ould ,i e o"e part"er the produ+e of a spe+ified area of a farm or a fi3ed amou"t of ,rai" su+h as o"e or t)o to"s. $e prohibited this be+ause su+h a tra"sa+tio" is similar to usury or ,ambli",2 for if the farm produ+ed less tha" the spe+ifi+ amou"t or "othi", at all, o"e part"er )ould still ,et his share, )hile the other )ould suffer a total loss, )hi+h is +o"trary to 1usti+e. The e3pli+it hadith i" alidati", share-+roppi", be+ause of this +o"ditio" is, i" my opi"io", the basis of +o"se"sus amo", 1urists that "o part"ership is alid )hi+h spe+ifies a fi3ed profit for o"e part"er i" e ery +ase, re,ardless of )hether or "ot the i" estme"t )as profitable. They say, -Suppose o"e of the part"ers makes a +o"ditio" that he is to re+ei e a spe+ified amou"t of mo"ey. #" +ase the profit does "ot e3+eed that amou"t, he )ould re+ei e the e"tire profit, a"d e e" if there is "o profit, he )ould re+ei e that mu+h2 o" the other ha"d, if the profit is lar,e he )ill be hurt by the +o"ditio" of ,etti", o"ly the spe+ified amou"t. - (#" his treatise, Al-#slam )a mushkilati"a
al-mu'asirah (#slam a"d Co"temporary 'roblems), &r. Muhammad Cusuf Musa quotes Sheikh Muhammad 'Abduh a"d Sheikh Abdul 7ahhab as disa,reei", )ith the 1urists +o"+er"i", part"ership +o"tra+ts. They ar,ue that this has "o basis i" the *ur'a" a"d the Su""ah. 7ith due respe+t to their opi"io"s, # mai"tai" that the a"alo,y to share-+roppi", is suffi+ie"t to apply it to other part"erships. %ut Allah k"o)s best.) This reaso"i", is i" a++orda"+e )ith the spirit of #slam, )hi+h bases

all huma" affairs o" +learly defi"ed pri"+iples of 1usti+e a"d fair"ess.

Partnership Among &#ners of Capital .ust as it is la)ful for the Muslim to use his o)" )ealth for a"y permissible purpose or to ,i e it to a +apable, e3perie"+ed perso" to i" est i" a 1oi"t e"ture, it is also la)ful for him to pool his +apital )ith the +apital of others for i" estme"t, trade, or a"y la)ful busi"ess e"tures. There are all ki"ds of a+ti ities a"d pro1e+ts, some requiri", i"te"si e labor, others i"te"si e me"tal e3pe"diture, a"d still others lar,e +apital. %y themsel es i"di iduals may "ot be able to a++omplish mu+h, but )he" 1oi"ed )ith others, they +a" a+hie e ma"y thi",s. Allah Ta'ala says, ...an" help each other in righteousness an" *o"<consciousness. (:45 (;)) A"y deed )hi+h produ+es ,ood results for the i"di idual or so+iety, or )hi+h remo es some e il, is ri,hteous"ess, a"d a ri,hteous deed be+omes piety if a ,ood i"te"tio" is added to it. #slam is "ot +o"te"t )ith merely allo)i", su+h 1oi"t e"dea ors but e"+oura,es a"d blesses them, promisi", Allah's help i" this )orld a"d $is re)ard i" the $ereafter as lo", as these e"dea ors are )ithi" the sphere of )hat Allah has made halal, far remo ed from usury (i"terest) a"d from ambi,uity, i"1usti+e, fraud, a"d +heati", i" a"y form. #" this +o""e+tio" the Messe",er of Allah (pea+e be o" him) said, Allah's han" is o!er two partners as long as one of them "oes not cheat the other, but when he cheats his partner, $e with"raws it from both. (Reported by al&arqut"i.)

#Allah's han"# refers to $is help, i"spiratio", a"d blessi",. The 'rophet (pea+e be o" him) also stated i" a hadith quasi that Allah, the ?reat a"d ?lorious says, I make a thir" with two partners as long as one of them "oes not cheat the other, but when he cheats him I "epart from them. (Reported by Abu &aoud a"d by al-$akim, )ho +alls it sou"d.) Ra!i"'s ersadds, #an" &atan comes.# (Reported by Ra!i i" his .ami'ah.)

Insurance Companies 7e "o) tur" to the importa"t relati", to prese"t-day +ompa"ies )hi+h issue life i"sura"+e a"d i"sura"+e a,ai"st ha!ards a"d a++ide"ts. 7hat is the #slami+ positio" a"d ruli", +o"+er"i", su+h +ompa"ies8 %efore a"s)eri", this questio" )e must first i"quire i"to the "ature of su+h +ompa"ies a"d the "ature of the relatio"ship bet)ee" the i"sured a"d the i"sura"+e firm2 i" other )ords, is the i"sured i"di idual a part"er of the firm's o)"ers8 #f this is the +ase, e ery i"di idual i"sured by the firm should ha e a share i" its profits or losses si"+e this is the mea"i", of a part"ership i" #slam. 7ith re,ard to i"sura"+e a,ai"st ha!ards, the i"sured pays a spe+ified premium duri", the year. #f "o a++ide"t of the type spe+ified i" the i"sura"+e poli+y o++urs to the property (shop, fa+tory, ship, et+.) duri", the year, the +ompa"y keeps the premiums re+ei ed a"d "othi", is retur"ed to the i"sured. #f, o" the other ha"d, some +alamity o++urs, the i"sured i"di idual is paid the a,reed-upo" sum. This ki"d of tra"sa+tio" is far remo ed from either trade or part"ership. #" relatio" to life i"sura"+e, supposi", a perso" takes out i"sura"+e for t)e"ty thousa"d dollars a"d dies soo" after payi", the first premium, his be"efi+iaries are the" e"titled to the e"tire sum of t)e"ty thousa"d dollars. $ad this bee" a busi"ess part"ership, they )ould ha e bee" e"titled o"ly to the amou"t of the premium )hi+h )as paid, plus the profit o" it. A,ai", if the i"sured perso" fails to pay his premiums after ha i", paid a fe) of them, a++ordi", to the terms of i"sura"+e +o"tra+ts he )ill lose all or a ,reat part of )hat he has already paid. The least o"e +a" say about this is that it is, i" the +o"te3t of the #slami+ le,al system, a" i" alid +o"ditio".

The ar,ume"t that the t)o parties, the i"sured a"d the i"sura"+e firm, e"ter i"to this +o"tra+t )illi",ly i" a++orda"+e )ith their respe+ti e self-i"terest +arries "o )ei,ht2 so do the le"der a"d the borro)er o" i"terest a"d t)o ,amblers. The mutual a,reeme"t of the t)o parties has "o alidity i" a tra"sa+tio" )hi+h is "ot based o" 1usti+e a"d equity, a"d )hi+h is "ot de oid of a"y tra+e of ambi,uity or e3ploitatio". Moreo er, si"+e 1usti+e, )ith "o harm either to o"eself or others, is the ultimate +riterio" here, a tra"sa+tio" is i" alid if it stipulates that i" +ertai" situatio"s o"e party is to take all, )ith "o be"efits ,uara"teed to the other.

!o Insurance Companies Constitute Cooperati.es; #t is +lear to us that the relatio"ship bet)ee" the i"sured a"d the i"surer does "ot +o"stitute a part"ership. The questio" the" is, 7hat is the "ature of this relatio"ship8 #s it a relatio"ship of +ooperatio"8 Are i"sura"+e firms to be re,arded as +ooperati es )hi+h are or,a"i!ed by their members to help o"e a"other, ea+h member payi", a +ertai" amou"t as his share8 #" order to establish a +ooperati e system o" a sou"d footi", i" a"y ,roup )hi+h desires to help its members i" the e e"t of u"foresee" +alamity, the follo)i", +o"ditio"s must be met i" re,ard to the mo"ey +olle+ted4 9. H ery member )ho pays his allotted share of mo"ey pays it as a do"atio", i" the spirit of brotherhood. (rom this pool of do"atio"s help is ,i e" to those )ho are i" "eed. ;. #f a"y part of this mo"ey is to be i" ested, it should be i" ested i" halal busi"esses o"ly. 5. #t is "ot permitted to the member to do"ate his share o" the +o"ditio" that he )ill re+ei e a pre-determi"ed amou"t i" the e e"t of a" u"foresee" +alamity. Rather, he )ill be paid a" amou"t )hi+h )ill +ompe"sate his loss or a part of it, depe"di", o" the resour+es of the ,roup, from the pooled mo"ies.

4. 7hat has bee" do"ated is ,ift from the do"or, a"d taki", it ba+k is haram. (Take" from the
book, Al-#slam )al-ma"ahi1 al-ishtirakiyyah (#slam a"d So+ialism), by Muhammad al-?ha!!ali, p. 959.)

Apart from some of the Muslim +ooperati es a"d asso+iatio"s i" )hi+h the i"di idual +ertai" sum mo"thly as a do"atio" )ithout a"y ri,ht to take it ba+k a"d )ith "o +o"ditio" )ill re+ei e a pre-determi"ed amou"t i" +ase of a" u"foresee" +alamity, these +o"ditio"s met. As far as i"sura"+e +ompa"ies espe+ially life i"sura"+eare +o"+er"ed, they satisfy these +o"ditio"s i" a"y respe+t be+ause4

pays a that he are "ot do "ot

1. The i"sured i"di iduals do "ot pay the premium as do"atio"s2 su+h a thou,ht "e er
o++urs to them. ;. #"sura"+e firms i" est their mo"ies i" busi"esses )hi+h operate or le"d their mo"ey o" i"terest. All this is haram a"d the Muslim is prohibited to parti+ipate i" su+h a+ti ities2 the stri+test a"d most permissi e 1urists alike all a,ree o" this poi"t. 5. #" the e e"t that the i"sured sur i es the term of the +o"tra+t, he ,ets ba+k all the premiums he paid plus some additio"al sum, )hi+h is "othi", but i"terest. (urthermore, i"sura"+e is +o"trary to the )hole +o"+ept of +ooperatio" amo", people. 7hile the pri"+iple of +ooperatio" requires that the poor a"d "eedy be paid more tha" the ri+h, the ri+h, )ho +a" afford hi,her premiums, ,et ba+k mu+h more i" the e e"t of death or a" a++ide"t tha"

the poor.

(#" the =th (9EB;) editio" of the prese"t i"sura"+e published i" the '6@'s a"d ':@'s. (Tra"s.))

olume, &r. al-*arada)i has +ited three additio"al refere"+es about

A Modification #" my ie) i"sura"+e a,ai"st ha!ards +a" be modified i" a ma""er )hi+h )ould bri", it +loser to the #slami+ pri"+iple by mea"s of a +o"tra+t of -do"atio" )ith a +o"ditio" of +ompe"satio".- The i"sured )ould do"ate his payme"ts to the +ompa"y )ith the stipulatio" that the +ompa"y )ould +ompe"sate him, i" the e e"t that he is stru+k by +alamity, )ith a" amou"t )hi+h )ould assist him a"d redu+e the burde" of his loss. Su+h a type of tra"sa+tio" is allo)ed i" some #slami+ s+hools of 1urisprude"+e. #f su+h a modifi+atio" is effe+ted, a"d if the +ompa"y is free of usurious busi"ess, o"e may de+lare i"sura"+e a,ai"st ha!ards to be a la)ful +o"tra+t. $o)e er, as far as life i"sura"+e is +o"+er"ed, # see it as bei", ery remote from #slami+ busi"ess tra"sa+tio"s.

The Islamic S%stem of Insurance >ur obser atio" that the moder" form of i"sura"+e +ompa"ies a"d their +urre"t pra+ti+es are ob1e+tio"able #slami+ally does "ot mea" that #slam is a,ai"st the +o"+ept of i"sura"+e itself2 "ot i" the leastit o"ly opposes the mea"s a"d methods. #f other i"sura"+e pra+ti+es are employed )hi+h do "ot +o"fli+t )ith #slami+ forms of busi"ess tra"sa+tio"s, #slam )ill )el+ome them. #" a"y +ase, the #slami+ system has already i"sured the Muslims a"d others li i", u"der its ,o er"a"+e i" its +hara+teristi+ fashio", the +hara+teristi+ )hi+h permeates all its tea+hi",s a"d le,islatio". This pro isio" is a++omplished either throu,h mutual help amo", i"di iduals or throu,h the ,o er"me"t a"d its treasury, for the treasury, k"o)" as the bait al-mar, is the u"i ersal i"sura"+e +ompa"y for all )ho reside )ithi" the #slami+ domai". #" the #slami+ Shari'ah )e fi"d i"sura"+e for i"di iduals a,ai"st ha!ards a"d pro isio" for assisti", them to o er+ome disasters )hi+h may befall them. Harlier )e me"tio"ed that a perso" )ho' is re"dered destitute due to a +alamity is permitted to ask for fi"a"+ial help, parti+ularly from the admi"istrati e authorities, u"til he is fully +ompe"sated or is able to sta"d o" his o)" feet a,ai". (See the hadith from *ubaisah o" pp. 9;B of this book i" the se+tio" o" -7ork2 a"d Har"i", a Ai elihood.-) 7e also fi"d the +o"+ept of i"sura"+e for the heirs of a de+eased perso" i" the 'rophet's sayi",, I am nearer to each 3uslim than his !er self. If he lea!es behin" some propert it is for his heirs, an" if he lea!es behin" a "ebt or a famil with oung chil"ren, he lea!es them to me an" the are m responsibilit (Reported by al-%ukhari a"d Muslim.), mea"i", that they are the respo"sibility of the #slami+ ,o er"me"t. The ,reatest form of i"sura"+e )hi+h #slam has le,islated for its follo)ers amo", those deser i", to re+ei e !akat fu"ds relates' to the +ate,ory of ,harimee" (those i" debt). Some of the early i"terpreters of the )ord ,harim say, -#t de"otes o"e )hose house has bur"ed do)" or )hose property otrade has bee" destroyed by flood or other disasters.- Some 1urists hold that su+h a perso" may be ,i e", from the !akat fu"d, a" amou"t )hi+)ould restore his pre ious fi"a"+ial positio", e e" thou,h the amou"t may rea+h thousa"ds of dollars.

The *se of Culti.able )and

#f the Muslim o)"s a pie+e of +ulti able la"d, he must make use of it by pla"ti", +rops or trees. #t is "ot +o"so"a"t )ith #slam that su+h la"ds "ot be used for +ulti atio", as this is ta"tamou"t to re1e+ti", the bou"ty of Allah a"d )asti", )ealth, )hi+h the 'rophet (pea+e be o" him) prohibited. #" this re,ard a "umber of optio"s are a ailable to the la"d o)"er4

<= Culti.ating the )and Himself The first optio" a ailable to the la"do)"er is that he himself +ulti ate the la"d. This is +omme"dable, a"d the o)"er )ill be re)arded by Allah for )hate er me", beasts, a"d birds eat of the produ+e of his farm or ,arde". As )e me"tio"ed earlier, the A"sar amo", the Compa"io"s of the 'rophet (may Allah be pleased )ith them) )ere farmers.

>= )ending the )and to &thers for Culti.ation #f the la"d o)"er is u"able to +ulti ate the la"d himself, he may le"d it to a"other perso" )ho is able to +ulti ate it by employi", the latter's o)" equipme"t, helpers, seeds, a"d a"imals. #" su+h a +ase the la"d o)"er is ery desirable i" #slam. Abu $urairah "arrated that the 'rophet (pea+e be o" him) said, #If an one has lan", he shoul" culti!ate it or len" it to his brother.'' (Reported
by al-%ukhari a"d Muslim)

Said .abir, -#" the time of the 'rophet (pea+e be o" him) )e used to do pla"ti", o" a pie+e of la"d a"d i" retur" )ould ,et )hat remai"ed i" the ears after they )ere threshed. #" this )ay, as the 'rophet (pea+e be o" him) said, If an one has lan", he shoul" culti!ate it or len" it to his brother for culti!ation, or otherwise release it from his ownership. (Reported by Ahmad a"d Muslim.
-Ae"di", it to his brother for +ulti atio"mea"s )ithout re+ei i", a"ythi", i" retur" for it.)

Some early s+holars, ,oi", by the appare"t mea"i", of this hadith, held the opi"io" that +ulti able la"d +a" be used i" o"e of t)o )ays4 either the o)"er +ulti ates it himself or he le"ds it to someo"e else for +ulti atio", )ith "o retur" for himself #" the latter +ase, the pie+e of la"d remai"s the property of the o)"er but the produ+e belo",s to the o"e )ho +ulti ates it. #" the opi"io" of #b" 'Abbas, the 'rophet's order to le"d the +ulti able la"d to others if o"e does "ot farm it himself )as "ot i"te"ded as +omma"d )hi+h must be obeyed but o"ly as the re+omme"datio" of a laudable a+t. Al-%ukhari reported that 'Amr bi" &i"ar said, -# said to Taous (o"e of the +losest +ompa"io"s of #b" 'Abbas), '# )ish you )ould lea e off share-+roppi", si"+e people +laim that the 'rophet (pea+e be o" him) prohibited it.' Taous replied, 'The most k"o)led,eable amo", them (that is, #b" 'Abbas) i"formed me that the 'rophet (pea+e be o" him) did "ot prohibit it but said, #0en"ing it free to ;our brother is better than asking a fixe" sum from him.'' (Reported by al-%ukhari.)

?= Taking a Proportion of the Crop The third alter"ati e for the la"do)"er is to let out his la"d to a perso" )ho )ill +ulti ate it, usi", the +ulti ator's o)" equipme"t, seeds, a"d a"imals o" the +o"ditio" that he is to ,et a spe+ified per+e"ta,e, su+h as half, a third, or )hate er is a,reed upo", of the total produ+e of the la"d2 the o)"er may also make a ailable to the +ulti ator his o)" seeds, equipme"t, a"imals, or other help. Su+h a" arra",eme"t is termed share-+roppi",. Al-%ukhari a"d Muslim report o" the authority of #b" 'Fmar, #b" 'Abbas a"d .abir bi" 'Abdullah

that the 'rophet (pea+e be o" him) ,a e the people of 0hayber the la"d to )ork a"d +ulti ate, i" retur" for )hi+h they )ere to ,et half of )hat it produ+ed. #" support of their positio", s+holars )ho +o"sider share-+roppi", permissible say, #t is established a"d )ell-k"o)" that the 'rophet (pea+e be o" him) pra+ti+ed it u"til his death a"d that after him the ri,htly ,uided Caliphs pra+ti+ed it u"til their deaths, as like)ise those )ho +ame after them. The )i es of the prophet (may Allah be pleased )ith them) +o"ti"ued this pra+ti+e after the death of the 'rophet himself (pea+e be o" him) u"til the last o"e of them had died, a"d so o". This pra+ti+e +a""ot be +o"sidered to be abro,ated be+ause a" abro,atio" is alid o"ly if it )as impleme"ted by the 'rophet himself (pea+e be o" him)duri", his o)" lifetime. /o), if he pra+ti+ed a thi", u"til his death, a"d thereafter his su++essors a"d all the Compa"io"s (may Allah be pleased )ith them) a+ted o" it a"d "o"e of them opposed it, ho) the" is a"yo"e else e"titled to i" alidate it8 A"d if it )as (a+tually) abro,ated duri", the lifetime of the 'rophet (pea+e be o" him), )hy the" did he +o"ti"ue to pra+ti+e it after abro,ati", it8 A"d ho) )as it possible that his +losest Compa"io"s a"d su++essors should remai" i,"ora"t of its abro,atio" )hile the story of 0hayber )as +ir+ulati", )idely a"d they )ere (themsel es) a+ti", a++ordi", to it8 A"d )here )as the "arrator of (the report o" this abro,atio", that "o"e of them k"e) him or had heard about him8 (A#-mu,h"i by #b" *udadmah, ol. :, p. 5<6.) The Prohibited "orm of Share1Cropping The 'rophet (pea+e be o" him) prohibited his Compa"io"s to pra+ti+e a"other form of share+roppi", )hi+h )as quite +ommo" at that time. The la"d o)"er )ould ,i e out his la"d +o"ditio"al to his ,etti", the produ+e of o"e part of it a"d the +ulti ator the produ+e of the remai"i", part or perhaps half, or to the o)"er's ,etti", a spe+ified )ei,ht or measure of the ,rai" produ+ed a"d the +ulti ator the rest. %ut sometimes o"e part of the la"d produ+ed a +rop )hile the other did "ot, so that o"e of the t)o )ould re+ei e "othi", or ery little, )hile the other took e erythi",. Similarly, if the total produ+e did "ot e3+eed the spe+ified )ei,ht or measure, the o)"er )ould ,et e erythi", )hile the +ulti ator )ould ,et "othi",. Su+h a tra"sa+tio" +learly i" ol es ,reat u"+ertai"ty a"d risk, a"d is +o"trary to the spirit of 1usti+e. The 'rophet (pea+e be o" him) sa) that 1usti+e dema"ds that both should share the total produ+e, )hether this total is mu+h or little, a++ordi", to the a,reed-upo" ratio. 'roportio"s of the total produ+e must be spe+ified so that if the +rop is bou"tiful, it is bou"tiful for both2 if it is mea,er it is mea,er for both, a"d if "othi", is produ+ed, "either of them re+ei es a"ythi",. This is the fair distributio" for both parties. Al-%ukhari reported that Rafi' bi" 0hadi1 said, -7e had the most a,ri+ultural la"d i" Madi"ah, a"d o"e of us )ould re"t out his la"d, desi,"ati", a part of it for himself. Sometimes a +alamity )ould hit that part )hile the rest of the la"d )as safe, a"d sometimes the other )ay arou"d. Co"seque"tly, the 'rophet (pea+e be o" him) prohibited us from doi", so.Muslim reported Rafi' bi" 0hadi1 as sayi",, -'eople used to let out la"d i" the time of the 'rophet (pea+e be o" him) i" e3+ha",e for )hat they ,re) by the streamlets or at the borders of the fields, or for a fi3ed qua"tity of produ+e. Sometimes it )ould happe" that the part so set aside )as destroyed )hile the other )as safe a"d sometimes the opposite, a"d the people had "o i" estme"ts other tha" this. $e"+e the 'rophet (pea+e be o" him) forbade this pra+ti+e. A,ai", Al-%ukhari reported from Rafi' bi" 0hadi1 that the 'rophet (pea+e be o" him) asked, -7hat do you do )ith your a,ri+ultural la"ds8- The people replied, -7e let them out for (the produ+e o" the quarter of their area or for a measure of barley or dates.- $e said -&o "ot do that.- 7hat is mea"t here is that the la"d o)"er )ould take this fi3ed qua"tity as -o erhead- a"d )ould also share i" some proportio" of the remai"der, for e3ample, the e"tire produ+e of the spe+ified o"efourth of the area, plus o"e-half of the produ+e of the remai"i", three-fourths of the area.

7e obser e from this that the 'rophet (pea+e be o" him) )as ea,er to establish perfe+t 1usti+e i" his so+iety a"d to remo e e ery sour+e of +o"fli+t a"d dis+ord from the +ommu"ity of %elie ers. Daid bi" Thabit "arrated that t)o people +ame to the 'rophet (pea+e be o" him) disputi", about some la, a"d he said, #If this is what happens among ou, then "o not let out our farms.#
(Reported by Abu &aoud.)

The la"do)"er a"d the +ulti ator must therefore be ma"d ,e"erous to o"e a"other2 the la"do)"er should "ot dema"d too hi,h a share of the yield a"d the )orker should take proper +are of the la"d. #b" 'Abbas said that the 'rophet (pea+e be o" him) did "ot prohibit share+roppi", but ad ised the o)"er a"d the +ulti ator to be +o"siderate of ea+h other. (Reported by alTirmidhi, )ho +alls it sou"d.) A"d )he" someo"e said to Taous, -> Abu 'Abdur Rahma", )hy do you "ot ,i e up share-+roppi",, si"+e they +laim that the 'rophet (pea+e be o" him) forbade it8- he replied, -# help them (the +ulti ators) a"d pro ide for them.- (Reported by #b" Ma1ah.) $is +o"+er" )as "ot simply that he should ear" somethi", from his la"d re,ardless of )hether those )ho )ere employed o" it ,ot somethi", or suffered hu",er2 rather, he helped them a"d took +are of them. That )as the true Muslim so+iety. There may be a la"do)"er )ho prefers to keep his la"d idle, "ot pla"ti", a"y +rops or fruit trees o" it, rather tha" re"ti", it to a farmer for a small proportio" of the yield, si"+e he may +o"sider the retur" too little. 7ith this i" mi"d, the +aliph 'Fmar bi" 'Abdul-A!i! issued a de+ree to all +o"+er"ed sayi",, -Aet out your la"d for o"e-third, o"e-fourth, o"e-fifth a"d up to o"e-te"th of the yield, but do "ot lea e the la"d u"+ulti ated.-

9= 'enting the )and for Mone% The fourth optio" a ailable to the Muslim la"do)"er is to lease the la"d to the +ulti ator for a fi3ed amou"t of mo"ey, ,old, or sil er. Some )ell-k"o)" 1urists ha e de+lared this to be permissible, )hile others +o"sider it haram o" the basis of sou"d ahadith of the 'rophet (pea+e be o" him) )hi+h prohibit re"ti", out la"d for mo"ey. Amo", the "arrators of these ahadith are t)o Compa"io"s )ho parti+ipated i" the %attle of %adr, as )ell as Raf'i bi" 0hadi1, .abir, Abu Sa'id, Abu $urairah, a"d #b" 'Fmar2 all of them report that the 'rophet (pea+e be o" him) absolutely prohibited the re"ti", of a,ri+ultural la"d for mo"ey. (See Al-muhallah, ol. <, p. ;9;.) H3empted from this prohibitio" is share-+roppi", for a spe+ified proportio" of the total yield, as is demo"strated by the 'rophet's tra"sa+tio" )ith the people of 0hayber. $e tur"ed la"d o er to them to +ulti ate for o"e-half the total yield a"d +o"ti"ued to do this u"til his death2 after his death, the ri,htly ,uided Caliphs +o"ti"ued to pra+ti+e share-+roppi", o" a proportio"ate basis. The stude"t of the le,islati e de elopme"t of this problem +omes a+ross a +lear e3positio" by #b" $a!m, )ho stated4 7he" the 'rophet (pea+e be o" him) arri ed (i" Madi"ah), the people used to lease their farms, as is reported by Raf'i a"d others. This pra+ti+e had u"doubtedly bee" +ommo" amo", them before the time of the 'rophet (pea+e be o" him), a"d it +o"ti"ued after he be+ame the Messe",er2 it is "ot permissible for a"y sa"e perso" to doubt this fa+t. The", as is authe"ti+ally tra"smitted by .abir, Abu $urairah, Abu Sa'id, Dahir al-%adri, a"d #b" 'Fmar, the 'rophet (pea+e be o" him) totally prohibited the leasi", of la"d, thus "ullifyi", this pra+ti+e2 this is +ertai"ly +orre+t a"d there is "o doubt +o"+er"i", the matter. $e )ho asserts that )hat )as "ullified (i.e., the leasi", of la"d) has bee" restored a"d that the +ertai"ty of "ullifi+atio" is "ot established is a liar a"d de"ies the era+ity of others sayi", )hat he does "ot k"o). A++ordi", to the *ur'a", maki", su+h a" assertio" is haram u"less o"e bri",s proof for it. A"d he +a" "e er fi"d a proof for it e3+ept i" the i"sta"+e i" )hi+h the la"d is let for a ,i e" proportio" (su+h as o"e third or o"e-fourth) of the total yield, as it is authe"ti+ally reported that the 'rophet (pea+e be o" him) did this )ith the people of 0hayber after prohibiti", it for se eral years, a"d he +o"ti"ued to ,i e them la"d o" a share-+roppi", basis u"til his death. (A#-muhallah, ol. <, p. ;;6.)

A ,roup of early 1urists hold the same opi"io". Taous, the 1urist of Ceme" a"d o"e of the ,reatest of the se+o"d ,e"eratio" Muslim s+holars, disliked re"ti", la"d for sil er or ,old but sa) "o harm i" re"ti", it for o"e-third or o"e-fourth of the yield. 7he" someo"e disputed )ith him, sayi", that the 'rophet (pea+e be o" him) had prohibited this, he replied, -Mu'ad bi" .abal, the ,o er"or of Ceme" appoi"ted by the 'rophet (pea+e be o" him), arri ed here a"d ,a e out the la"d for o"ethird or o"e-fourth (of its yield), a"d )e +o"ti"ue this pra+ti+e to this day.- Thus, i" his opi"io", re"ti", la"d for ,old or sil er )as disappro ed but share-+roppi", )as permissible. 'easoning b% Analog% Implies -o )easing for Mone% Corre+t reaso"i", by a"alo,y (qiyas) based o" #slami+ pri"+iples a"d sou"d a"d +lear te3ts leads to the +o"+lusio" that the leasi", of +ulti able la"d for mo"ey is haram4

A. The 'rophet (pea+e be o" him) prohibited the leasi", of la"d for a fi3ed amou"t of the
yield su+h as o"e or t)o to"s, a"d permitted share-+roppi", o"ly o" the basis of a proportio" su+h as o"e-half, o"e-third, or o"e-fourththat is to say, o" a per+e"ta,e basis. Su+h a basis is 1ust a"d equitable, as both part"ers share i" the profit if the la"d is produ+ti e a"d i" the loss if bli,ht strikes the +rop. $o)e er, if o"e party is ,uara"teed a profit )hile the other has to take the risk of e"di", up )ith "othi", for his effort a"d toil, the )hole tra"sa+tio" resembles ,ambli", or a usurious +o"tra+t. #f )e refle+t o" the matter of leasi", la"d for mo"ey i" this li,ht, )hat differe"+e do )e fi"d bet)ee" the lastme"tio"ed pra+ti+e a"d the type of share-+roppi", )hi+h is prohibited8 #" both the o)"er of the la"d is ,uara"teed his share i" the form of mo"ey re,ardless of )hat happe"s to the la"d, )hile the lessee must ,amble his effort a"d labor, "ot k"o)i", )hether he )ill ,ai" or lose. %. 7he" the o)"er of a" arti+le le"ds it to a"other perso" a"d +har,es re"t for the use of it, he is ri,htfully e"titled to this re"t i" +o"sideratio" of the fa+t that he prepared the arti+le i" questio" for the re"ter's use2 as the arti+le be+omes )or" out by usa,e a"d depre+iates o er time, the o)"er deser es +ompe"satio". %ut as far as la"d is +o"+er"ed, i" )hat )ay has the o)"er made it ready for the lessee's use, si"+e i"deed, it is Allah a"d "ot the o)"er )ho makes the la"d ready for +ulti atio". A,ai", ho) does la"d be+ome )or" out or depre+iate by +ulti atio", si"+e la"d is "ot like buildi",s or ma+hi"ery )hi+h depre+iate o er a period of time or ,et )or" out by bei", used8 C. The perso" )ho re"ts a house li es i" it, thus re+ei i", a" immediate be"efit, )hile the ma" )ho re"ts a pie+e of ma+hi"ery uses it a"d thus deri es a" immediate be"efit. %ut the ma" )ho re"ts a pie+e of la"d does "ot be"efit from it at o"+e, "or are his be"efits assured. 7he" he re"ts it he re+ei es "o dire+t be"efit from it, as i" the +ase of re"ti", a house, but )orks hard, plo)i", a"d pla"ti",, i" the hope of be"efiti", from it at a later date. $is hope may be fulfilled or it may "ot2 +o"seque"tly, a"y a"alo,y bet)ee" re"ti", la"d a"d re"ti", a house a"d the like is a false o"e.

D. #" the t)o Sahihs of al-%ukhari a"d Muslim it is reported that the Messe",er of Allah
(pea+e be o" him) forbade the sale of fruits u"til they )ere ob iously i" ,ood +o"ditio" a"d of ears of ,rai" u"til they )ere ripe a"d safe from bli,ht. $e ,a e the reaso" for this prohibitio" by sayi",, #Tell me wh , if Allah withhol"s the fruit, an of ou shoul" take his brother's propert .# #f this is the positio" relati e to selli", fruits )hi+h ha e appeared, but the safety of )hi+h is "ot assured, so that if they are rui"ed by some +alamity their sale )ould be "ullified, ho) is it possible for a perso" to take mo"ey for the use of a pie+e of +ulti able la"d )hi+h has "ot yet bee" plo)ed or pla"ted8 #s it "ot more appropriate that he be told, -Tell me )hy, if Allah )ithholds the fruit, you should take your brother's property8-

# myself ha e )it"essed ho) +ertai" +otto" fields )ere stru+k by a" i"festatio" of +aterpillars k"o)" as doodah u"til "othi", )as left of them e3+ept dry stalks. /e, the o)"ers of the la"d dema"ded the re"t, a"d the lessees had "o +hoi+e e3+ept to pay it, obli,ed by the +o"ditio"s of the +o"tra+ts )hi+h they had si,"ed u"der ,ra e "e+essity. 7the" is the equality a"d 1usti+e so ea,erly sou,ht by #slam8 Co"seque"tly, there is "o de"yi", the fa+t that 1usti+e +a""ot be a+hie ed e3+ept throu,h share+roppi", o" a proportio"ate basis,L a++ordi", to )hi+h the ,ai" or loss a++rues to both parties alike. (Co"+er"i", this sub1e+t, refer to )hat has bee" said by #b" $a!m i" Al-muhallah ol. <, #b" Taymiyyah i" Al-qa)aid al"ura"iyyah2 Abul 'Ala Maududi i" Milkiyyat al-ard fil-lslam2 a"d 'rofessor Mahmoud Abu Sa'ud i" his arti+le, -#sti,hlal al-ard fil#slam,- published i" Al-Muslimoo".)

Althou,h Shaikh al-#slam #b" Taymiyyah +o"siders the leasi", of la"d to be halal, he "e ertheless remarks that share-+roppi", is more aki" to the 1usti+e of the Shari'ah a"d its pri"+iples, sayi", -Share-+roppi", is preferable to re"ti", a"d +loser to 1usti+e a"d to the pri"+iples of the Shari'ah, si"+e i" this +ase both parties share i" the profit or loss, i" +o"trast to leasi", for re"t, u"der )hi+h the la"d o)"er takes his re"t, )hile the lessee may or may "ot re+ei e the har est. ((rom #b" Taymiyyah's treatise, Al-hasbah fi al-#slam, p. ;9.) A"other ,reat thi"ker, #b" al-*ayyim, +omme"ti", o" the oppressio" perpetrated by the rulers a"d military perso""el o" farmers duri", his time, says4 $ad the soldiers a"d the rulers relied o" )hat Allah a"d $is Messe",er (pea+e be o" him) ha e le,islated a"d follo)ed the pra+ti+e of the Messe",er (pea+e be o" him) a"d of the ri,htly-,uided Caliphs i" their deali",s )ith the farmers, Allah )ould ha e sho)ered $is blessi",s o" them from the sky a"d the earth2 they )ould ha e bee" ,i e" to eat from abo e their heads a"d from be"eath their feet, a"d from that o"e-fourth of share-+roppi", )ould ha e re+ei ed ma"y times more tha" they re+ei e by oppressio" a"d tyra""y. %ut their i,"ora"+e a"d ,reed pre e"ted them from doi", a"ythi", but +ommitti", oppressio" a"d i"1usti+e, a"d thus Allah )ithheld $is blessi",s a"d $is pro isio" from them. #" additio" to bei", depri ed of Allah's blessi", i" this )orld, they )ill re+ei e $is pu"ishme"t i" the $ereafter. #f it is asked, 7hat is the le,islatio" of Allah a"d $is Messe",er (pea+e be o" him) a"d the pra+ti+e of the Compa"io"s i" this re,ard so that o"e may follo) it' the reply is this4 The equitable form of share-+roppi", is that i" )hi+h both the la"do)"er a"d the +ulti ator are o" equal footi",, "either of them e"1oyi", a"y of those pri ile,es for )hi+h Allah has se"t do)" "o authority. These +ustoms )hi+h they (the soldiers a"d rulers) ha e i"trodu+ed are rui"i", the +ou"try, +orrupti", the people, a"d ha e kept a)ay Allah's help a"d blessi",s. Ma"y of the rulers a"d soldiers are +o"sumi", )hat is haram, a"d if the body is "ourished by )hat is haram, the (ire is its fitti", abode. Su+h equitable share-+roppi", )as the pra+ti+e of the Muslims duri", the time of the 'rophet (pea+e be o" him) a"d duri", the time of the ri,htly-,uided Caliphs. Su+h )as the pra+ti+e of the families a"d des+e"da"ts of Abu %akr, 'Fmar, 'Fthma", 'All a"d of the families of other emi,ra"ts (muha1iree"). ?reat Compa"io"s of the 'rophet (pea+e be o" him) su+h as #b" Mas'ood, Fbay bi" 0'ab, Daid bi" Thabit, a"d others e3pressed their opi"io"s fa orably +o"+er"i", it, a"d this )as also the opi"io" of the 1urists )ho rely o" the hadith, su+h as Ahmad bi" $a"bal, #shaq bi" Raha)ait, Muhammad ib" #sma'il al-%ukhari, &aoud bi" 'All, Muhammad bi" #shaq bi" 0ha!imah, a"d Abu %akr bi" /asr al-Maru!i. >ther ,reat Muslim s+holars, su+h as al-Aaith bi" Sa'd, #b" Abu Aaila, Abu Cusuf, Muhammad bi" al-$asa" a"d others, ha e all e3pressed the same opi"io". The 'rophet (pea+e be o" him) made a" a,reeme"t )ith the people of 0hayber that they )ould )ork the la"d for half of the produ+e of fruit a"d +rops, spe"di", their o)" mo"ey for the preparatio" of the la"d a"d the seed. This a,reeme"t remai"ed i" effe+t duri", his lifetime a"d thereafter u"til 'Fmar e3iled them from 0hayber. A++ordi",ly, the s+holars )ho say that the seed may be pro ided either by the )orker alo"e or by both the part"ers are e"tirely +orre+t. Al-%ukhari i" his Sahih me"tio"s that 'Fmar ib" al-0hattab employed people )ith the stipulatio" that if he ('Fmar) pro ided the seed, his share )ould be half a"d if they brou,ht the seed their share )ould be more tha" half. (A#-turuq al-hikmiyyah
fil-lslam by #b" *ayyim, pp. ;6<-;:@.)

#" all the reports-)hi+h ha e rea+hed us from the time of the 'rophet (pea+e be o" him) a"d his Compa"io"s, )e fi"d that the +ulti ator's share )as "e er less tha" o"e-half, a"d i" some +ases it )as more. This di isio", a++ordi", to )hi+h the +ulti ator's share )ould "ot be less tha" half, as )as allotted by the 'rophet (pea+e be o" him) to the .e)s of 0hayber (Refer to )hat is said by #b"
$a!m i" Al-muhallah, ol. <2 Abul 'Ala Maududi i" Milkiyyat al-ar+ fil-#slam, a"d Mahmoud Abu Sa'ud i" his arti+le, -#sti,hlal al-ard fil-#slam,- published i" Al-Muslimoo".), appeals to the mi"d, for it is "ot appropriate that the share of the

la"d, )hi+h is a" i"a"imate thi",, should be ,reater tha" the share of the huma", the +ulti ator.

Partnership in 'aising Animals 'art"ership i" raisi", a"imals is quite +ommo" i" Muslim +ou"tries, espe+ially i" illa,es. >"e of the part"ers puts up all or a part of the pri+e of the li esto+k a"d +attle, )hile the other part"er raises them2 the t)o the" share the yield a"d the profits of this 1oi"t e"ture. #" order to form a" opi"io" +o"+er"i", this part"ership, )e should first look at its arious forms4 9. #" the first form of su+h a busi"ess, the part"ership is e"tered i"to for purely +ommer+ial purposes, for e3ample, raisi", +al es for beef or +o)s a"d )ater buffalo for milk produ+tio". #t is supposed here that o"e part"er +o"tributes the pri+e of the a"imals a"d the other +o"tributes the effort, that is to say, the ma"a,eme"t a"d super isio"2 the e3pe"ses of feedi",, )ateri",, a"d the like are bor"e by the 1oi"t part"ership a"d "ot by o"e part"er alo"e. After a sale is made, the feedi", e3pe"ses are dedu+ted from the pro+eeds before di idi", up the profits i" the a,reed-upo" proportio"s. #t is "ot 1ust that o"e part"er alo"e be required to bear all the feedi", e3pe"ses )ithout re+ei i", a"y +omme"surate retur", )hile the profits are di ided bet)ee" the t)o2 this poi"t is quite +lear.

2. The se+o"d form of su+h a busi"ess is the same as the first e3+ept that the part"er )ho
ma"a,es the busi"ess also bears the feedi", e3pe"ses a"d i" retur" be"efits from the milk or makes use of the a"imals i" the field for plo)i",, irri,ati",, or pla"ti",2 this is the situatio" )he" lar,e a"imals are i" ol ed. 7e see "o harm i" su+h a +o"tra+t. Althou,h o"e may "ot be able to bala"+e e3a+tly the +ost of feed )ith the be"efits deri ed from milki", or )orki", the a"imal, so that there is a" eleme"t of u"+ertai"ty about it, )e still prefer to +o"sider this arra",eme"t halal. The eleme"t of risk is "e,li,ible, a"d there are other e3amples of su+h +o"tra+ts )hi+h are permitted by the Shari'ah. #" the sou"d ahadith +o"+er"i", mort,a,es, the 'rophet (pea+e be o" him) stated the permissibility of usi", a" a"imal )hi+h is mort,a,ed for ridi", or milki",, sayi",, #A mortgage" animal ma be use" for ri"ing or milking b the person who bears the expenses of fee"ing it.'' (Reported by al-%ukhari o" the authority of Abu $urairah.) #" this hadith the 'rophet (pea+e be o" him) equated spe"di", o" feedi", the a"imal )ith usi", it for ridi", or milki",. A++ordi",ly, if this type of mort,a,e is allo)ed for people's mutual be"efit, )ith the possibility that the e3pe"ses of feedi", may be more or less tha" the be"efit deri ed from the a"imal by usi", it for ridi", or milki",, )e see "o harm i" allo)i", a similar arra",eme"t i" the +ase of part"erships i" raisi", a"imals, as the "eeds of people are better ser ed i" this ma""er. This is my o)" dedu+tio" from this hadith, a"d # hope it is +orre+t. $o)e er, if the part"ership is i" raisi", you", +al es )hi+h +a""ot be used for )ork ofor milk )ith the stipulatio" that the pri+e is to be paid by o"e part"er a"d the feedi", e3pe"ses by the other, the rules of #slam do "ot permit su+h a" arra",eme"t. The part"er )ho bears the +ost of feis the o"ly loser, re+ei i", "o retur" i" the form of )ork or milk, )hile the other part"er has the +lear ad a"ta,e. Su+h a" arra",eme"t is +o"trary to the 1usti+e )hi+h #slam seeks to establish i"

e ery tra"sa+tio". $o)e er, if the t)o part"ers share the +ost of feedi", a"d raisi", the a"imal u"til it rea+hes the a,e of useful"ess, su+h a" arra",eme"t is, i" our ie), halal.

'EC'EATI&- A-! P)A@ #slam is a pra+ti+al reli,io", it does "ot float i" the stratosphere of ima,i"ary ideals but remai"s )ith the huma" bei", o" the ,rou"d of realities a"d day-to-day +o"+er"s. #t does "ot re,ard people as a",els but a++epts them as mortals )ho eat food a"d )alk i" the marketpla+e. #slam does "ot require of Muslims that their spee+h should +o"sist e"tirely of pious uttera"+es, that their sile"+e should be a meditatio", that they should liste" to "othi", e3+ept the re+itatio" of the *ur'a", "or that they should spe"d all their leisure time i" the mosque. Rather, it re+o,"i!es that Allah has +reated huma" bei",s )ith "eeds a"d desires, so that, as they "eed to eat a"d dri"k, they also "eed to rela3, a"d to e"1oy themsel es.

:A Time for This and a Time for That: Some of the Compa"io"s of the 'rophet (pea+e be o" him) attai"ed ,reat spiritual hei,hts. They belie ed that i" order to remai" at su+h a spiritual le el they should al)ays be serious, e",a,ed i" +o"sta"t )orship, tur"i", their ba+ks o" all the e"1oyme"ts of life a"d the ,ood thi",s of the )orld, "either playi", "or rela3i", but keepi", their eyes a"d their mi"ds fi3ed o" the $ereafter a"d its +o"+er"s, a)ay from +ommo" life a"d its amuseme"ts. Aet us liste" to )hat this ,reat Compa"io" a"d s+ribe of the 'rophet (pea+e be o" him), $a"!alah al-Fsaidi, has to say about himself4 Abu 4akr met me an" aske", '$ow are ou, $an:alah)' I replie", '$an:alah has become a h pocrite.' $e sai", '&ubhanallah1 (hat are ou sa ing)' I replie", '(hen we are with Allah's 3essenger (peace be on him), he mentions the 7ire an" the *ar"en until it is as if we can see them. 4ut when we lea!e the +rophet's compan an" pla with our wi!es an" chil"ren or bus oursel!es with our properties, we forget much.' Abu 4akr sai", '4 Allah, I ha!e experience" the same thing.' $e an" I then went to !isit the 3essenger of Allah (peace be on him), an" I sai", '3essenger of Allah, $an:alah has become a h pocrite.' $e aske", 'An" how is that)' I replie", '- 3essenger of Allah, when we are with ou, ou talk about the 7ire an" the *ar"en until it is as if we can see them. Then we go out an" pla with our wi!es an" chil"ren an" "eal with our properties, an" we forget much.' The 3essenger of Allah (peace be on him) then sai", '4 $im in (hose han" is m soul, if ou were to continue at the same le!el at which ou were when with me an" in remembering Allah, the angels woul" shake han"s with ou when ou are resting an" when ou walk about, but, - $an:alah, there is a time (for this) an" a time (for that).' $e repeate" this phrase three times. (Reported
by Muslim.)

The Humanness of the Messenger of Allah The life-patter" of the Messe",er of Allah (pea+e be o" him) is a perfe+t e3ample for e ery huma" bei",. 7he" he )as i" pri ate he )ould )orship his Aord )ith su+h i"te"se de otio", sta"di", for lo", hours i" salat, that his feet )ould be+ome s)olle"2 i" matters pertai"i", to truth or 1usti+e he did "ot +are about a"yo"e's opi"io", seeki", o"ly the pleasure of Allah. %ut i" his li i", habits a"d deali",s )ith people he )as a huma" bei",, e"1oyi", ,ood thi",s, parti+ipati", i" small talk, smili", a"d 1oki",, yet "e er departi", from the truth. The 'rophet (pea+e be o"

him) liked happi"ess a"d disliked ,rief2 he sou,ht refu,e )ith Allah from diffi+ulties a"d troubles )hi+h result i" sorro), suppli+ati",, #- Allah, I seek refuge in Thee from "istress an" grief#
(Reported by Abu &aoud.)

Co"+er"i", his se"se of humor, it is reported that o"+e a" old )oma" +ame to him, sayi",, -> Messe",er of Allah, pray to Allah that $e admit me to the ?arde".- The 'rophet (pea+e be o" him) said, -> mother of su+h a perso", "o old )oma" )ill e"ter the ?arde".- The )oma" broke do)" a"d )ept, supposi", that she )ould "ot e"ter 'aradise. The 'rophet (pea+e be o" him) the" e3plai"ed to her that "o old )oma" )ould e"ter the ?arde" as a" old )oma", for Allah )ould restore her youth a"d admit her to the ?arde" as a you", ir,i". $e the" re+ited to her the erse, (e create" them as a (new) creation, an" ma"e them !irgins, lo!ers, frien"s. (:=4 5:-5B) (Reported by 'Abd bi" $umaid a"d al-Tirmidhi.)

'ela(ing the Mind (ollo)i", the 'rophet's e3ample, his "oble a"d pure Compa"io"s also e"1oyed humor a"d lau,hter, play a"d sport, )hi+h rela3ed their bodies a"d mi"ds a"d prepared them the better to tra el o" the lo",, arduous path of stri i", i" the +ause of truth a"d 1usti+e. 'All bi" Abu Talib said, -Mi"ds ,et tired, as do bodies, so treat them )ith humor,- a"d -Refresh your mi"ds from time to time, for a tired mi"d be+omes bli"d.- A"d Abu al-&arda said, -# e"tertai" my heart )ith somethi", tri ial i" order to make it stro",er i" the ser i+e of the truth.A++ordi",ly, there is "o harm i" the Muslim's e"tertai"i", himself i" order to rela3 his mi"d or refreshi", himself )ith some permissible sport or play )ith his frie"ds. $o)e er, the pursuit of pleasure should "ot be+ome the ,oal of his life so that he de otes himself to it, for,etti", hie reli,ious obli,atio"s. /or should he 1oke about serious matters. #t has bee" aptly said, -Seaso" your +o" ersatio" )ith humor i" the same proportio" as you seaso" your food )ith salt.The Muslim is forbidde" to 1oke a"d lau,h about other people's alues a"d ho"or. Allah Ta'ala says4 - ou who belie!e, let not some people mock at other people; it ma be that the are better than thee...(6E499) /or is it appropriate for the Muslim to tell 1okes based o" )hat is u"true i" order to make people lau,h. The 'rophet (pea+e be o" him) )ar"ed a,ai"st this, sayi",, #(oe to the one who sa s something which is false in or"er to make people laugh1 (oe to him, woe to him1# (Reported by al-Tirmidhi.)

Permissible Sports There are ma"y ki"ds of ,ames a"d sports )hi+h the 'rophet (pea+e be o" him) re+omme"ded to the Muslims as a sour+e of e"1oyme"t a"d re+reatio" )hi+h, at the same time, prepare them for )orship a"d other obli,atio"s. These sports, )hi+h require skill a"d determi"atio", a"d )hi+h also i" ol e physi+al e3er+ise a"d bodybuildi", a+ti ity, are related to the martial arts, trai"i", Muslims for the battlefields of 1ihad i" the +ause of Allah. Amo", them are the follo)i",4

"oot 'acing The Compa"io"s of the 'rophet (May Allah be pleased )ith them) used to ra+e o" foot a"d the 'rophet (pea+e be o" him) e"+oura,ed them i" this. #t is reported that 'All )as a fast ru""er. The

'rophet (pea+e be o" him) himself ra+ed )ith his )ife 'Aishah i" order to please her, to e"1oy himself, a"d to set a" e3ample for his Compa"io"s. 'Aishah said, I race" with the +rophet (peace be on him) an" beat him in the race. 0ater, when I ha" put on some weight, we race" again an" he won. Then he sai", 'This cancels that (/eporte" b Ahma" an" Abu .aou".), referring to the pre!ious occasion.

restling The 'rophet (pea+e be o" him) o"+e )restled )ith a ma" +alled Ruka"ah )ho )as )ell-k"o)" for his stre",th, thro)i", him do)" more tha" o"+e. (Reported by Abu &aoud.) #" a"other report of this i"+ide"t, the 'rophet (pea+e be o" him) started )restli", )ith him. As the fi,ht )as hard, Ruka"ah said, -A sheep for a sheep.- (This must ha e o++urred before the prohibitio" of ,ambli",, or perhaps the 'rophet (pea+e be o" him) did "ot a++ept the bet a"d he"+e did "ot e"for+e its terms.) The 'rophet (pea+e be o" him) the" thre) him. The ma" said, -The same a,ai".- The 'rophet (pea+e be o" him) thre) him a,ai", a"d the ma" said, -The same a,ai".- The 'rophet (pea+e be o" him) thre) him a third time. The ma" the" said, -7hat shall # tell my )ife8 >"e sheep )as eate" by the )olf, o"e ra" a)ay, but )hat about the third- The" the 'rophet (pea+e be o" him) said, #(e are not going to "efeat ou an" take something from ou as well. Take our sheep1# (rom these reports +o"+er"i", the 'rophet (pea+e be o" him), 1urists ha e dedu+ed the permissibility of foot ra+i",, )hether it be bet)ee" me" a,ai"st ea+h other or bet)ee" me" a"d )ome" )ho are their muharammat or )i es. They ha e also +o"+luded that foot ra+i",, )restli",, a"d sports of this type do "ot +ompromise the di,"ity of s+holarship, piety, or a,e.The 'rophet (pea+e be o" him) )as more tha" fifty yearold )he" he ra+ed )ith 'Aishah.

Archer% Amo", the permissible sports is +ompetitio" i" ar+hery or )ith other )eapo"s. The 'rophet (pea+e be o" him) o"+e passed by a ,roup of his Compa"io"s )ho )ere +ompeti", i" ar+hery. $e e"+oura,ed them, sayi",, &hoot, an" I am with ou. (Reported by al-%ukhari ) $e reali!ed that ar+hery )as "ot 1ust a hobby or a sport but, more importa"tly, +o"stituted that ki"d of for+e )hi+h Allah has +omma"ded to be mustered4 An" make rea" for them all thou art able of (arme") force....(<4=@) The 'rophet (pea+e be o" him) said, #The missiles (arrows) are the force,# repeati", it three times. (Reported by Muslim.) $e also said, #+ractice archer ; that is goo" for ou.# (Reported by al-%a!!ar a"d by al-Tabara"i o" ,ood
authority.)

$o)e er, the 'rophet (pea+e be o" him) )ar"ed ar+hers a,ai"st usi", +hi+ke"s a"d the like as tar,ets for pra+ti+e, as the Arabs of 1ahiliyyah used to do. >"+e 'Abdullah bi" 'Fmar sa) a ,roup of peoples doi", this a"d he told them, -The 'rophet (pea+e be o" him) +ursed the o"e )ho takes a"ythi", possessi", life as a tar,et.'' (Reported by al-%ukhari a"d Muslim.) $e +ursed su+h a" i"di idual be+ause this sort of a+t i" ol es the torturi", a"d u""e+essary killi", of a" a"imal, a"d a huma" bei", has "o ri,ht to ha e fu" a"d sport at the e3pe"se of a li i", +reature. (or the same reaso" the 'rophet (pea+e be o" him) forbade maki", a"imals fi,ht ea+h other. (Reported by Abu &aoud a"d al-Tirmidhi.) Some Arabs used to lau,h a"d fi"d it amusi", to see t)o rams or bulls fi,ht ea+h other u"til o"e of them )as ,ored to death. S+holars ha e said that

the prohibitio" of maki", a"imals fi,ht re+o,"i!es that su+h a pra+ti+e +auses them u""e+essary sufferi", merely for the fu" of it, )ithout a"y be"efit.

Spear Pla% Spear play is similar to ar+hery. The 'rophet (pea+e be o" him) allo)ed some Abyssi"ia"s to display their skill )ith spears i" his mosque2 he let his )ife 'Aishah )at+h their sho) a"d e"+oura,ed them by sayi",, -Carry o", > %a"i Arfidah,- (as the Abyssi"ia"s )ere k"o)" to amo", the Arabs). 'Fmar, )ith his serious dispositio", )a"ted to stop them but the 'rophet (pea+e be o" him) pre e"ted him from it. #t is reported i" the t)o Sahibs of al-%ukhari a"d Muslim from Abu $urairah that )hile the Abyssi"ia"s )ere performi", their sho) )ith spears i" the prese"+e of the 'rophet (pea+e be o" him), 'Fmar e"tered. $e pi+ked up some pebbles a"d started thro)i", them at them but the 'rophet (pea+e be o" him) said, -Aea e them alo"e, > 'Fmar.This i"dul,e"+e o" the part of the 'rophet (pea+e be o" him) i" permitti", a"d e"+oura,i", su+h a sport i" his mosque )as to demo"strate that the mosque ser es both )orldly a"d reli,ious purposes. Muslims +o",re,ate i" the mosque "ot o"ly to )orship but also to play. $o)e er, this play is "ot to tee merely for fu" but should i" ol e physi+al e3er+ise a"d some sort of trai"i",. Comme"ti", o" this hadith, s+holars ha e said that the mosque is the +e"ter of the Muslim's +ommu"ity affairs, a"d a"y a+ti ity )hi+h +ombi"es be"efits for reli,io" a"d for the Muslims may be +arried out i" it. Muslims of the prese"t time should "ote ho) de oid mosques today are of itality a"d stre",th, ofte" ha i", be+ome ha e"s for the elderly a"d the la!y. The abo e i"+ide"ts also pro ide a" e3ample of the 'rophet's +o"+er" for his )ife's amuseme"t a"d re+reatio". 'Aishah, his )ife, said, -The Messe",er of Allah (pea+e be o" him) +o ered me )ith his +loak )hile # )at+hed the Abyssi"ia"s play i" the mosque. $e the" stood (i" his pla+e) for my sake u"til # )as the o"e )ho ,ot tired, so estimate the time a you", ,irl ea,er for amuseme"t )ould )ait.- (Reported by al-%ukhari a"d Muslim) She also said, -# used to play )ith dolls i" the house of the Messe",er of Allah (pea+e be o" him) a"d my frie"ds )ould +ome o er to play )ith me. They )ould hide )he" they sa) the Messe",er of Allah (pea+e be o" him) approa+hi", but i" fa+t he )as ery happy to see them )ith me, so )e played to,ether.- (Reported by al-%ukhari a"d Muslim)

Horseback 'iding Allah Ta'ala says, An" ($e create") horses, mules, an" "onke s for ou to ri"e an" as a"ornment....(9=4<), a"d the 'rophet (pea+e be o" him) said, #There is blessing in the forelocks of horses.# (Reported by Ahmad.) $e also said, #+ractice archer an" horseback ri"ing.# (Reported by Muslim.) A"d a,ai", An action without the remembrance of Allah is either a "i!ersion or hee"lessness excepting four acts% walking from target to target ("uring archer practice), training a horse, pla ing with one's famil , an" learning to swim. (Reported by al-Tabara"i o" ,ood
authority.)

Said 'Fmar, -Tea+h your +hildre" s)immi", a"d ar+hery, a"d tell them to 1ump o" the horse's ba+k.- #b" 'Fmar reported that the 'rophet (pea+e be o" him) or,a"i!ed horse ra+es a"d ,a e a pri!e to the )i""er. (Reported by Ahmad.) All this )as do"e by the 'rophet (pea+e be o" him) to e"+oura,e +ompetitio" i" sports i" ol i", physi+al e3er+ise a"d dis+ipli"e.

A"as )as asked, -&id you bet duri", the time of the 'rophet (pea+e be o" him)8 &id the 'rophet (pea+e be o" him) bet8- -Ces,- A"as replied. -%y Allah, he bet o" a horse +alled Subhah. The horse )o" the ra+e a"d the 'rophet (pea+e be o" him) )as ery pleased about it.'' (Reported by
Ahmad.)

%etti", o" horses is permissible if the o"e )ho is payi", the mo"ey is "ot o"e of the +ompetitors or if it is paid by o"e of the +ompetitors2 ho)e er, if ea+h perso" bets a" amou"t o" the +o"ditio" that the )i""er is to take all, this is ,ambli", a"d is +o"seque"tly prohibited. The 'rophet (pea+e be o" him) termed ra+i", a horse o" )hi+h bets are laid -the horse of Sata"- a"d +o"sidered the pri+e of it, its fodder, a"d ridi", it as si"ful (Reported by Ahmad.), sayi",, $orses are of three kin"s% the horse of al</ahman (the 3ost 3erciful, i.e., Allah), the horse of man, an" the horse of &atan. As for the horse of the 3ost 3erciful, it is "e"icate" to jiha" in the cause of Allah, so fee"ing it, cleaning its urine an" "ung, an" e!er thing relate" to it are counte" as goo" "ee"s. As for the horse of &atan, it is that on which people bet an" gamble. As for the horse of man, it is that which is for bree"ing, an" it is a protection against po!ert . (Reported
by al-%ukhari a"d Muslim.)

Hunting $u"ti", is amo", the be"efi+ial sports )hi+h are e"+oura,ed by #slam. #t is a sport, a" e3er+ise, a"d also a mea"s of li elihood, re,ardless of )hether it is do"e )ith )eapo"s or )ith hu"ti", a"imals su+h as do,s a"d ha)ks. 7e ha e already dis+ussed the #slami+ +o"ditio"s a"d rules for hu"ti", i" a" earlier +hapter. $o)e er, #slam prohibits hu"ti", i" t)o situatio"s. The first is )he" a perso" is i" the sa+red state of +o"se+ratio" (ihram) for the performa"+e of ha11 or 'umrah, be+ause this is a state of total pea+e i" )hi+h o"e is "ot permitted to kill or shed blood, as +omma"ded by Allah4 - ou who belie!e, "o not kill game while ou are in ihram.... (:4E<(E:) ...4ut to hunt on lan" is forbi""en to ou as long as ou are in ihram.... (:4EE(E=) The se+o"d situatio" e3ists )he" a perso" is )ithi" the limits of the sa+red territory of Makkah. #slam has de+lared this to be a re,io" of pea+e a"d se+urity, a sa"+tuary for e ery li i", +reature, )hether beast, bird, or pla"t, si"+e the 'rophet (pea+e be o" him) prohibited hu"ti", its ,ame, +utti", its trees, or disturbi", its airspa+e. (Reported by al-%ukhari a"d Muslim)

Pla%ing #ith !ice/ $ackgammon A"y sort of ,ame played )ith mo"ey )hi+h has a" eleme"t of ,ambli", is haram. The *ur'a" +lassifies ,ambli", i" the same +ate,ory as dri"ki",, idolatry, a"d di i"i", )ith arro)s. The 'rophet (pea+e be o" him) said, #$e who sa s to his frien", '2ome, let us gamble,' must gi!e charit (sa"a5ah)# (Reported by al-%ukhari a"d Muslim), mea"i", that merely to i" ite someo"e to ,amble is a si" requiri", pe"a"+e. 'layi", ba+k,ammo" )hile betti", )ith mo"ey is +learly haram Some s+holars +o"sider it haram e e" if "o betti", is i" ol ed, )hile others +o"sider it makruh rather tha" haram. Those )ho +o"sider it haram base their 1ud,emeo" the hadith tra"smitted by %araidah i" )hi+h the 'rophet (pea+e be o" him) said, #$e who pla s with "ice is like the owho han"les the flesh an" bloo" of swine.# (Reported by Muslim, Ahmad a"d Abu &aoud.) The same s+holars +ite the hadith from Abu Musa al-Ashari i" )hi+h the 'rophet (pea+e be o" him) said, #$e who pla s with "ice "isobe s Allah an" $is 3essenger.# (Reported by Ahmad, Abu

&aoud,

#b"

Ma1ah,

a"d

Malik

i"

his

Al-mu)atta.)

These t)o sayi",s of the 'rophet (pea+e be o" him) are +learly appli+able to all players of ba+k,ammo", )hether they ,amble i" playi", or "ot. Al-Sha)ka"i says that #b" Mu,haffal a"d #b" al-Musayyib allo)ed playi", )ith di+e if it did "ot i" ol e ,ambli",, appare"tly i"terpreti", the abo e ahadith to refer to those )ho played for mo"ey.

Pla%ing Chess Chess is a ery popular ,ame, a"d the opi"io" of 1urists +o"+er"i", it aries. Some +o"sider it halal, others makruh, a"d still others haram. Those )ho +o"sider it haram +ite some ahadith i" support of their positio", but resear+hers ha e pro ed that +hess did "ot appear u"til after the death of the 'rophet (pea+e be o" him), thus all su+h ahadith must ha e bee" fabri+ated. The Compa"io"s of the 'rophet (May Allah be pleased )ith them) themsel es held differi", ie)s about playi", +hess. #b" 'Fmar said that it is )orse tha" ba+k,ammo" a"d 'All re,arded it as ,ambli", (perhaps mea"i", )he" it is played for mo"ey), )hile some others merely e3pressed disappro al of it. $o)e er, some Compa"io"s a"d some of the se+o"d ,e"eratio" s+holars allo)ed it. Amo", these )ere #b" 'Abbas, Abu $urairah, #b" Siri", $isham bi" 'Fmrah, a"d Sa'id bi" al-Musayyib. 7e a,ree )ith these ,reat 1urists, si"+e the ori,i"al pri"+iple is the permissibility of a+ts a"d "o te3t is to be fou"d prohibiti", it. Moreo er, i" additio" to bei", a ,ame a"d a re+reatio", +hess is also a me"tal e3er+ise )hi+h requires thou,ht a"d pla""i",. #" this respe+t it is the opposite of ba+k,ammo", for )hile ba+k,ammo" is a ,ame of +ha"+e a"d therefore +omparable to di i"i", )ith arro)s, +hess is a ,ame of skill a"d strate,y )hi+h may be +ompared to ar+hery. $o)e er, playi", +hess is permissible o"ly if the follo)i", three +o"ditio"s are met4 9. >"e should "ot ,et so absorbed i" it that he delays his salat2 +hess is )ell-k"o)" to be a stealer of time. ;. There should be "o ,ambli", i" ol ed.

5. The players should "ot utter obs+e"ities or ul,arities. #f a"y of these +o"ditio"s are "ot met it should be +o"sidered as haram.

Singing and Music Amo", the e"tertai"me"ts )hi+h may +omfort the soul, please the heart, a"d refresh the ear is si",i",. #slam permits si",i", u"der the +o"ditio" that it "ot be i" a"y )ay obs+e"e or harmful to #slami+ morals. There is "o harm i" its bei", a++ompa"ied by musi+ )hi+h is "ot e3+iti",. #" order to +reate a" atmosphere of 1oy a"d happi"ess, si",i", is re+omme"ded o" festi e o++asio"s su+h as the days of 'Hid, )eddi",s a"d )eddi", feasts, births, 'aqiqat (the +elebratio" of the birth of a baby by the slau,hter of sheep), a"d o" the retur" of a tra eler.

'Aishah "arrated that )he" a )oma" )as married to a" A"sari ma", the 'rophet (pea+e be o" him) said, # 'Aishah, "i" the ha!e an entertainment) The Ansar are fon" of entertainment.'' (Reported by al-%ukhari.) #b" 'Abbas said, - 'Aishah ,a e a ,irl relati e of hers i" marria,e to a ma" of the A"sar. The 'rophet (pea+e be o" him) +ame a"d asked, '&id you se"d a si",er alo", )ith her8' '/o,' said 'Aishah. The Messe",er of Allah (pea+e be o" him) the" said, The Ansar are a people who lo!e poetr . ;ou shoul" ha!e sent along someone who woul" sing, '$ere we come, to ou we come, greet us as we greet ou.' - (Reported by #b" Ma1ah.) 'Aishah "arrated that duri", the days of Mi"a, o" the day of 'Hid al-Adha, t)o ,irls )ere )ith her, si",i", a"d playi", o" a ha"d drum. The 'rophet (pea+e be o" him) )as prese"t, liste"i", to them )ith his head u"der a sha)l. Abu %akr the" e"tered a"d s+olded the ,irls. The 'rophet (pea+e be o" him), u"+o eri", his fa+e, told him, #0et them be, Abu 4akr. These are the "a s of '8i".# (Reported by al-%ukhari a"d Muslim.) #" his book, #hya ulum al-dee", (#" the quarter o" -$abits-, i" the book Aiste"i", to Si",i",.), #mam al-?ha!!ali me"tio"s the ahadith about the si",i", ,irls, the Abyssi"ia"s playi", )ith spears i" the 'rophet's Mosque, the 'rophet's e"+oura,i", them by sayi",, -Carry o", > %a"i Arfidah,- his aski", his )ife, 'Aishah, -7ould you like to )at+h8- a"d sta"di", there )ith her u"til she herself be+ame tired a"d )e"t a)ay, a"d 'Aishah's playi", )ith dolls )ith her frie"ds. $e the" says4 All these ahadith are reported by al-%ukhari a"d Muslim i" the t)o Sahihs, a"d they +learly pro e that si",i", a"d playi", are "ot haram. (rom them )e may dedu+e the follo)i",4
(irst4

The permissibility of playi",2 the Abyssi"ia"s )ere i" the habit of da"+i", a"d playi",. &oi", this i" the mosque.

Se+o"d4 Third4

The 'rophet's sayi",, 'Carry o", > %a"i Arfidah,' )as a +omma"d a"d a request that they should play2 the" ho) +a" their play be +o"sidered haram8 The 'rophet (pea+e be o" him) pre e"ted Abu %akr a"d 'Fmar from i"terrupti", a"d s+oldi", the players a"d si",ers. $e told Abu %akr that 'Hid )as a 1oyous o++asio" a"d that si",i", )as a mea"s of e"1oyme"t.
(ourth4

>" both o++asio"s he stayed for a lo", time )ith 'Aishah, letti", her )at+h the sho) of the Abyssi"ia"s a"d liste"i", )ith her to the si",i", of the ,irls. This pro es that it is far better to be ,ood-humored i" pleasi", )ome" a"d +hildre" )ith ,ames tha" to e3press su+h disappro al of su+h amuseme"ts out of a se"se of harsh piety a"d as+eti+ism.
(ifth4

The 'rophet (pea+e be o" him) himself e"+oura,ed 'Aishah by aski", her, -7ould you like to )at+h8- (Reported by al-%ukhari a"d Muslim.)
Si3th4 Se e"th4

The permissibility of si",i", a"d playi", o" the drum...

a"d )hat follo)s, to the e"d of al-?ha!!ali's dis+ussio" o" si",i",. #t is reported that ma"y Compa"io"s of the 'rophet (may Allah be pleased )ith them) as )ell as se+o"d ,e"eratio" Muslim s+holars used to liste" to si",i", a"d did "ot see a"ythi", )ro", )ith it. As for the ahadith )hi+h ha e bee" reported a,ai"st si",i",, they are all )eak a"d ha e bee" sho)" by resear+hers to be u"sou"d. The 1urist Abu %akr al-'Arabi says, -/o sou"d hadith is

a ailable +o"+er"i", the prohibitio" of si",i",,- )hile #b" $a!m says, -All that is reported o" this sub1e+t is false a"d fabri+ated $o)e er, si"+e si",i", is i" ma"y +ases asso+iated )ith dri"ki", parties a"d "i,ht +lubs, ma"y s+holars ha e de+lared it to be haram or at least makruh. They state that si",i", +o"stitutes that ki"d of idle talk )hi+h is me"tio"ed i" the ayah, An" among the people is the one who bu s i"le talk (at the expense of his soul) in or"er to lea" (people) astra from the path of Allah without knowle"ge, hol"ing it in mocker ; for such there will be a humiliating punishment. (594=) Says #b" $a!m4 This erse +o"dem"s a parti+ular beha ior, that of doi", somethi", to mo+k the path of Allah. A"yo"e )ho does this is a" u"belie er2 if he e e" should buy a +opy of the *ur'a", doi", so i" order to make it the ob1e+t of his mo+kery a"d thereby leadi", people astray, he )ould be a" u"belie er. #t is this type of beha ior )hi+h is +o"dem"ed by Allah a"d "ot the idle talk i" )hi+h o"e may i"dul,e for mere rela3atio", )ithout i"te"di", to lead people astray from the path of Allah. #b" $a!m also refutes the ar,ume"t of those )ho say that si"+e si",i", is "ot of -the truth- it must be of -error,- referri", to the erse, #An" what is be on" the truth except error)# (9@45;). $e +omme"ts, The Messe",er of Allah (pea+e be o" him) said, '.ee"s will be ju"ge" accor"ing to intentions, an" e!er one will get what he inten"e".' (Reported by al-%ukhari a"d Muslim.) A++ordi",ly, the o"e )ho liste"s to si",i", )ith the i"te"tio" of usi", it i" support of a si" is a si""er, a"d this holds true of a"ythi", other tha" si",i", (as )ell), )hile o"e )ho liste"s to si",i", )ith the i"te"tio" of refreshi", his soul i" order to ,ai" stre",th to do his duty to)ard Allah Ta'ala a"d to do,ood deeds, is a ,ood a"d obedie"t ser a"t of Allah, a"d his a+tio" is of the truth. A"d he )ho liste"s to si",i", i"te"di", "either obedie"+e "or disobedie"+e is doi", somethi", "eutral a"d harmless, )hi+is similar to ,oi", to the park a"d )alki", arou"d, sta"di", by a )i"do) a"d looki", at the sky, )eari", blue or ,ree" +loths, a"d so o". $o)e er, there are some limitatio"s to be obser ed i" the matter of si",i",4 9. The sub1e+t matter of so",s should "ot be a,ai"st the tea+hi",s of #slam. (or e3ample, if the so", is i" praise of )i"e, a"d it i" ites people to dri"k, si",i", or liste"i", to it is haram. ;. Althou,h the sub1e+t matter itself may "ot be a,ai"st the #slami+ tea+hi",s, the ma""er of si",i", may re"der it haram2 this )ould be the +ase, for e3ample, if the si",i", )ere a++ompa"ied by su,,esti e se3ual mo eme"t. 5. #slam fi,hts a,ai"st e3+ess a"d e3tra a,a"+e i" a"ythi",, e e" i" )orship2 ho), the", +a" it tolerate e3+essi e i" ol eme"t )ith e"tertai"me"t8 Too mu+h time should "ot be )asted i" su+h a+ti ities2 after all, )hat is time but life itself8 >"e +a""ot dispute the fa+t that spe"di", time i" permissible a+ti ities +o"sumes time )hi+h ou,ht to be resa ed for +arryi", out reli,ious obli,atio"s a"d doi", ,ood deeds. #t is aptly said, -There is "o e3+ess e3+ept at the e3pe"se of a "e,le+ted duty.6. Ha+h i"di idual is the best 1ud,e of himself. #f a +ertai" type of si",i", arouses o"e's passio"s, leads him to)ards si", e3+ites the a"imal i"sti"+ts, a"d dulls spirituality, he must a oid it, thus +losi", the door to temptatio"s.

5. There is u"a"imous a,reeme"t that if si",i", is do"e i" +o"1u"+tio" )ith haram
a+ti itiesfor e3ample, at a dri"ki", party, or if it is mi3ed )ith obs+e"ity a"d si" it is haram. The 'rophet (pea+e be o" him) )ar"ed of a se ere pu"ishme"t for people )ho si", or liste" to si",i", i" su+h a situatio" )he" he said, &ome people of m ummah will "rink wine, calling it b another name, while the listen to singers

accompanie" b musical instruments. Allah will cause the earth to swallow them an" will turn some of them into monke s an" swine. (Reported by #b" Ma1ah.) This does "ot mea" that they )ill be physi+ally tra"sformed i"to the bodies a"d out)ard form of mo"keys a"d s)i"e but rather i" heart a"d soul, +arryi", the heart of a mo"key a"d the soul of a pi, i" their huma" bodies.

0ambling, the Companion of !rinking 7hile permitti", a ariety of ,ames a"d sports, #slam prohibits a"y ,ame )hi+h i" ol es betti",, that is, )hi+h has a" eleme"t of ,ambli", i" it. 7e ha e already quoted the sayi", of the 'rophet, #$e who sa s to his frien", '2ome, let us #amble,' must gi!e charit .# #t is "ot la)ful for the Muslim to seek rela3atio" a"d re+reatio" i" ,ambli",, "or is it la)ful for him to a+quire mo"ey throu,h it. There are sou"d a"d "oble ob1e+ti es behi"d this stri+t prohibitio" of ,ambli",4 9. The #slami+ tea+hi",s ur,e the Muslim to follo) Allah's dire+ti es for ear"i", a li i",, to use "atural la)s a"d dire+t mea"s for the attai"me"t of his ob1e+ti es, a"d to employ su+h +auses as produ+e the desired effe+ts. ?ambli",, )hi+h i"+ludes raffli", or the lottery, o" the other ha"d, makes a perso" depe"de"t o" +ha"+e, -lu+k- a"d empty )ishes, taki", him a)ay from ho"est labor, serious )ork a"d produ+ti e effort. The perso" )ho depe"ds o" ,ambli", loses respe+t for the la)s of +ausatio" )hi+h Allah has established a"d +omma"ded people to use. ;. #" #slam, a" i"di idual's property is sa+red2 it may "ot be take" from him e3+ept throu,h la)ful e3+ha",e or u"less he ,i es it freely as a ,ift or i" +harity. A++ordi",ly, taki", it from him by ,ambli", is u"la)ful. 5. #t is therefore "ot surprisi", that ,amblers de elop hatred a"d e"mity to)ard o"e a"other, althou,h they may +laim that losi", does "ot trouble them. There is al)ays a )i""er a"d a loser. The loser may seem +omposed but behi"d his +omposure is frustratio", a",er, a"d re,ret4 frustratio" due to disappoi"tme"t, a",er at the loss of mo"ey, a"d re,ret for "ot ha i", played a )i""i", ,ame. 6. ?ambli", has its o)" +ompulsio". The loser plays a,ai" i" hope of )i""i", the "e3t ,ame i" order to re,ai" his earlier losses, )hile the )i""er plays a,ai" to e"1oy the pleasure of )i""i",, impelled by ,reed for more. /aturally, lu+k +ha",es ha"ds, the loser be+omes the )i""er a"d the )i""er the loser, a"d the 1oy of )i""i", +ha",es i"to the bitter"ess of loss. Thus the ,amblers may persist at playi", the ,ame, u"able to bri", themsel es to lea e it2 this is the se+ret of the addi+tio" to ,ambli",. :. %e+ause of this addi+tio", ,ambli", is a da",er to the so+iety as )ell as to the i"di idual. This habit +o"sumes ,amblers' time a"d e"er,y, maki", them "o"-produ+ti e idlers a"d parasites o" so+iety, )ho take but do "ot ,i e, )ho +o"sume but do "ot produ+e. Moreo er, due to his absorptio" )ith ,ambli",, the ,ambler "e,le+ts his obli,atio"s to)ard his Creator a"d his duties to)ard his +ommu"ity. #t ofte" happe"s that a ,ambli", addi+t sells his ho"or, reli,io", a"d +ou"try for the sake of the ,ami", table, si"+e his de otio" to this table dulls his se"se of alues a"d kills all other de otio"s. $o) +orre+t the *ur'a" is i" me"tio"i", dri"ki", a"d ,ambli", to,ether i" its erses, si"+e their harmful effe+ts o" the i"di idual, the family, a"d so+iety are ery similar. 7hat is more like al+oholism tha" addi+tio" to ,ambli",8 This is )hy o"e usually is "ot fou"d )ithout the other. A,ai", ho) +orre+t the *ur'a" is )he" it tea+hes us that both of these, dri"ki", a"d ,ambli",, are

i"spired by Sata", that they are aki" to idolatry a"d di i"i", by arro)s, a"d that they are filthy a"d abomi"able habits )hi+h must be shu""ed4 - ou who belie!e, trul intoxicants an" gambling an" "i!ination b arrows are an abomination of &atan's "oing; a!oi" them in or"er that ou ma be successful. Assure"l &atan "esires to sow enmit an" hatre" among ou b means of intoxicants an" gambling, an" to hin"er ou from the remembrance of Allah an" from salat. (ill ou not then "esist) (:4E5-E6 (E@-E9))

The )otter%, a "orm of 0ambling 7hat is k"o)" as the lottery or raffle is like)ise a form of ,ambli",. There should be "o la3ity or permissi e"ess to)ard it i" the "ame of -+haritable i"stitutio"s- or -huma"itaria" +auses.- Those )ho +o"sider it permissible i" relatio" to su+h +auses are similar to people )ho raise fu"ds for the same +auses by mea"s of haram da"+es or -artisti+- sho)s. To both su+h ,roups )e say, -Allah is pure a"d does "ot a++ept a"ythi", e3+ept )hat is pure.'eople )ho resort to su+h mea"s of raisi", mo"ey assume that members of so+iety ha e be+ome de oid of ,ood"ess of heart a"d feeli",s of +harity, +ompassio" a"d mer+y, as a result of )hi+h there is "o other )ay of ,etti", mo"ey from them e3+ept throu,h ,ambli", a"d se"suous e"tertai"me"t. %ut #slam does "ot assume this for its so+iety. #t belie es i" the basi+ ,ood"ess of ma" a"d appeals to that ,ood"ess, seeki", "othi", but pure mea"s for "oble +auses. The #slami+ mea"s of raisi", mo"ey are to i" ite to)ard ri,hteous"ess, to appeal to huma" sympathy, a"d to re+all to peoples' mi"ds the impli+atio"s of the belief i" Allah Subha"ahu )a Ta'ala a"d the $ereafter.

Mo.ies Ma"y Muslims ask about #slam's sta"d +o"+er"i", the )at+hi", of mo ies, dramati+ performa"+es a"d the like. #s it permissible or "ot8 /o doubt mo ies are importa"t tools of i"stru+tio" a"d re+reatio". Their situatio" is like that of a"y other tool )hi+h i" it self is "eutral a"d harmless, a"d a"y ruli", +o"+er"i", it )ill depe"d o" ho) it is used. Co"seque"tly, mo ies may be re,arded as permissible a"d ,ood i" fa+t, desirableif the follo)i", +o"ditio"s are met4 The +o"te"t must be free of si" a"d immoralityi"deed, of a"ythi", )hi+h is a,ai"st the #slami+ beliefs, morals, a"d ma""ers. 'ortrayals )hi+h e3+ite se3ual desire or ,reed, ,lorify +rime, or propa,ate de ia"t ideas, false beliefs, a"d the like are haram, a"d it is "ot permissible for the Muslim to )at+h or to e"+oura,e them.
(irst4

The )at+hi", of mo ies should "ot result i" the "e,le+t of reli,ious obli,atio"s or )orldly respo"sibilities. Thfi e daily prayers +o"stitute the foremost of the reli,ious obli,atio"s2 he"+e it is haram for the Muslim to miss a"y prayerfor e3ample salat al-Ma,hribi" order to )at+h a mo ie. Allah Ta'ala says, Then woe to the worshipers who are neglectful of their pra ers (9@B46-:), referri", to those )ho postpo"e a prayer u"til its time is past. A,ai", o"e of the most importa"t reaso"s me"tio"ed i" the *ur'a" for the prohibitio" of dri"ki", a"d ,ambli", is that they keep people a)ay from the remembra"+e of Allah a"d from salat.
Se+o"d4

'hysi+al i"termi",li", a"d free mi3i", amo", me" a"d )ome" i" mo ie theatres must be a oided i" order to pre e"t se3ual u"derto"es a"d temptatio", parti+ularly be+ause sho)i", a film requires a darke"ed hall. 7e ha e already me"tio"ed the hadith, It is better for one of ou to be pricke" in the hea" with an iron pick than to touch a woman whom it is unlawful to touch. (Reported by al-%ayhaqi a"d al-Tabara"i o" sou"d authority.)
Third4

Social 'elationships The relatio"s amo", the members of the #slami+ so+iety are based o" t)o fu"dame"tal pri"+iples4 first, a)are"ess of the stro", bo"d of brotherhood )hi+h li"ks o"e i"di idual to a"other, a"d se+o"d, the prote+tio" of the ri,hts of the i"di idual a"d the sa"+tity of his life, ho"or, a"d property, as ,uara"teed by the Shari'ah of #slam. A"y )ords, deed, or beha ior )hi+h +o"tra e"e or threate" these t)o pri"+iples is prohibited by #slam, the de,ree of prohibitio" depe"di", o" the ma,"itude of material or moral i"1ury )hi+h mi,ht result from it. #" the follo)i", ayat )e fi"d some e3amples of those prohibited a+ts )hi+h are i"1urious to the brotherhood a"d sa"+tity of huma" bei",s. Allah Subha"ahu )a Ta'ala says4 =eril , the 4elie!ers are brothers. Then set matters right between our brothers an" be conscious of Allah in or"er that ou ma obtain merc . - ou who belie!e, let not some people mock at other people, for the ma be better than themsel!es, nor (let) women (mock) at women who ma be better than themsel!es. An" "o not slan"er oursel!es, nor re!ile b (offensi!e) nicknames; e!il is a name connoting wicke"ness after belie!ing; an" whoe!er "oes not turn awa (from "oing this), those are wrong"oers. - ou who belie!e, a!oi" (in"ulging in) much suspicion; trul , some suspicion is a sin. An" "o not sp or backbite one another; woul" an of ou like to eat the flesh of his "ea" brother) ;ou woul" abhor that. An" be conscious of Allah; in"ee", Allah is /elenting, 3erciful. (6E49@9;) $ere Allah pro+laims that the %elie ers are i"deed brothers to o"e a"other u"ited throu,h the brotherhood of #slam i" additio" to their brotherhood i" huma"ity. This brotherly relatio"ship requires that they ,et to k"o) ea+h other a"d do "ot a oid ea+h other, that they establish ties a"d do "ot break them, that they lo e a"d do "ot hate, that they be si"+ere a"d "ot superfi+ial, a"d that they +ome to,ether a"d do "ot separate from o"e a"other. A"d the 'rophet (pea+e be o" him) says, .o not be en!ious of each other, nor backbite nor hate one another, but become brothers in the ser!ice of Allah. (Reported by al-%ukhari a"d others.)

The *nla#fulness of Se.ering Ties #ith a "ello# Muslim #t is haram for the Muslim to shu" a brother Muslim, to break ties )ith him, or to tur" a)ay from him. #f t)o Muslims quarrel )ith ea+h other, they are allo)ed a +ooli",-off period of three days, after )hi+h they must seek out mea"s of re+o"+iliatio" a"d pea+e, o er+omi", their pride, a",er a"d hatred. >"e of the +hara+teristi+s of the belie ers praised i" the *ur'a" is that they are #humble towar" the 4elie!ers.# (:4:B(:6)). The 'rophet (pea+e be o" him) said, It is not permissible for a 3uslim to keep apart from his brother for more than three "a s. If three "a s pass, he shoul" meet him an" greet him, an" if he replies to it, the will both ha!e share" in the rewar", while if he "oes not repl , he will bear his sin while the 3uslim (who offere" him the greeting) will ha!e been free" from the sin of keeping apart. (Reported by Abu
&aoud.)

The prohibitio" of se eri", ties is e e" more emphati+ i" the +ase of blood relati es. #slam has made it obli,atory upo" Muslims to stre",the" the ties of relatio"ship (Aiterally, -the ties of the )omb.(Tra"s.)), holdi", them sa+red. Says Allah Ta'ala4 An" be conscious of Allah, in (hom ou claim our rights of one another, an" of the wombs (that bore ou); in"ee", Allah is (atcher o!er ou. (649) Fsi", pi+turesque la",ua,e, the 'rophet (pea+e be o" him) emphasi!ed the alue of this relatio"ship i" the si,ht of Allah by The womb is tie" to the Throne (of Allah) an" it sa s, '(ith him who keeps me unite", Allah will keep connection, but with him who se!ers me, Allah will se!er connection.' (Reported by al-%ukhari a"d Muslim.) $e also said, #-ne who cuts will not enter +ara"ise.# (Reported by al-%ukhari.) #" e3plai"i", the mea"i", of this, some s+holars say it mea"s o"e )ho +uts the ties of relatio"ship,- )hile others say that it mea"s -o"e )ho +uts the road,- that is, the hi,h)ay robber. The 'rophet's ahadith imply that both pertai" to the same +ate,ory. .oi"i", the ties of relatio"ship does "ot merely mea" retur"i", a isit for a isit or o"e ,ood tur" for a"other, si"+e this mu+h is quite "atural a"d to be e3pe+ted2 rather, it mea"s to persist i" frie"dly relatio"s e e" )ith those relati es )ho shu" you. The 'rophet (pea+e be o" him) said, The one who joins the ties of relationship is not the one who merel re5uites others, but he is the one who joins such ties (e!en) when the are se!ere" b others. (Reported by al%ukhari)

This applies as lo", as su+h shu""i", or boy+otti", is "ot for the sake of Allah, )hile if it is for the sake of Allah a"d i" the +ause of 1usti+e these i"1u"+tio"s do "ot apply. The stro",est bo"d amo", the belie ers is established throu,h lo i", for the sake of Allah a"d hati", for the sake of Allah. (or fifty days the 'rophet (pea+e be o" him) a"d his Compa"io"s boy+otted three me" )ho stayed behi"d from the %attle of Tabuk. This boy+ott )as so total that the three did "ot k"o) )hat to do or )here to tur", a"d felt that the earth, i" spite of its ast"ess had be+ome a priso" to them. /o o"e isited them, spoke to them, or ,reeted them. This boy+ott +o"ti"ued u"til Allah a++epted their repe"ta"+e a"d re ealed to the 'rophet (pea+e be o" him) that $e had pardo"ed them. (Reported by al-%ukhari a"d Muslim.) >" a"other o++asio", the 'rophet (pea+e be o" him) stayed a)ay from some of his )i es for forty days. 'Abdullah bi" 'Fmar boy+otted o"e of his so"s for the remai"der of his life be+ause his so" did "ot abide by the hadith, "arrated to him by his father, i" )hi+h the 'rophet (pea+e be o" him) prohibited me" to pre e"t their )ome" from ,oi", to the mosque. (Reported by Ahmad. Al-Suyuti )rote a"
arti+le e"titled, -Al-!a1ar lei al-ha1ar,- (-'u"ishme"t by %oy+ott-), 1ustifyi", it o" the basis of se eral ahadith a"d a+tio"s of the 'rophet's +ompa"io"s.)

Hstra",eme"t a"d e"mity bet)ee" Muslims must "e er be for a"y )orldly reaso", for i" the si,ht of Allah a"d the Muslim, the )hole )orld is of su+h little alue that it is "ot )orth aba"do"i", a"d breaki", the relatio"ship )ith a brother Muslim. $o) +a" it be other)ise, )he" the pe"alty of su+h ra"+or is the depri atio" of the for,i e"ess a"d mer+y of Allah Subha"ahu )a Ta'ala8 The 'rophet (pea+e be o" him) said4 The gates of the *ar"en are opene" on 3on"a s an" Thurs"a s, an" Allah forgi!es e!er person who "oes not associate an thing with Allah excepting a man between whom an" his brother there is enmit . Thrice the comman" will be gi!en% '0ea!e the two of them until the are reconcile".' (Reported by Muslim) #t should suffi+e for the a,,rie ed perso" that his brother +ome to him a"d apolo,i!e2 he must the" a++ept the apolo,y a"d be re+o"+iled. #t is haram for him to rebuff his brother by "ot a++epti", his apolo,y. The 'rophet (pea+e be o" him) )ar"ed a,ai"st this by sayi", that the o"e )ho does so )ill "ot meet him, the 'rophet, at the (ou"tai" i" 'aradise o" the &ay of Resurre+tio". (Reported by al-Tabara"i.)

Settling !isputes 7hile it is i"+umbe"t upo" the disputa"ts to settle their differe"+es i" a brotherly fashio", the Muslim +ommu"ity also has a respo"sibility i" this re,ard. As the Muslim so+iety is based upo" mutual +ari", a"d +ooperatio", it +a""ot sta"d passi ely by )at+hi", its members disputi", a"d quarreli",, permitti", the +o"fli+t to ,ro) lar,er. #t is the respo"sibility of those )ho +omma"d respe+t a"d authority i" the +ommu"ity to +ome for)ard i" order to set thi",s ri,ht, )ith absolute impartiality a"d )ithout allo)i", themsel es to be+ome emotio"ally i" ol ed )ith o"e side or the other. Allah Ta'ala says, =eril , the 4elie!ers are brothers. Then set matters right between our brothers an" be conscious of Allah in or"er that ou ma obtain merc . (6E49@) The 'rophet (pea+e be o" him), e3plai"i", the merit of su+h mediatio" a"d the da",er of +o"fli+t a"d hostility, said, '&hall I not inform ou of something more excellent in "egree than fasting, charit an" salat)' -n recei!ing the repl , '2ertainl ,' he sai", 'It is puthings right betpeople, for to incite people to "ispute is like a ra:or. An" I "o not mean that is sha!es off the hair but that is shears the religion. (Reported by al-Tirmidhi a"d others.)

:)et -ot Some People Mock at &ther People: #" erses 6E49@-9;, Allah has pres+ribed a "umber of thi",s related to the preser atio" of brotherhood a"d )hat this implies )ith re,ard to )hat is to be held sa+red amo", huma" bei",s. The first amo", these is the prohibitio" of mo+ki",, deridi",, a"d s+offi", at others. The %elie er )ho fears Allah a"d hopes to attai" the ?arde" i" the $ereafter )ill "ot s+off at a"y i"di idual "or make people the ob1e+t of his 1okes, s+or", sar+asm or mo+kery, be+ause this is "othi", but pride, arro,a"+e, a"d +o"tempt for others, as )ell as i,"ora"+e of the s+ale by )hi+h Allah measures ,ood"ess. Says Allah Subha"ahu )a Ta'ala4 0et not some people mock at other people, for the ma be better than themsel!es, nor (let) women (mock) at women who ma better than themsel!es. (6E499) #" the s+ale of Allah, ,ood"ess is measured by faith, si"+erity, a"d the quality of the relatio"ship )ith Allah Ta'ala, "ot by physi+al appeara"+e, )ealth, or po)er. Said the 'rophet (pea+e be o" him). Allah "oes not look at our ph sical features or our wealth, but $e looks at our hearts an" our "ee"s. (Reported by Muslim.) $o), the", +a" it be permissible for a perso" to lau,h at someo"e's physi+al ha"di+ap, deformity, or po erty8 #t is reported that 'Abdullah bi" Mas'ood had thi", )eak le,s. >"+e, upo" seei", his le, u"+o ered, some people lau,hed, )hereupo" the 'rophet (pea+e be o" him) said, Are ou laughing at the frailt of his legs) 4 $im in (hose han" is m soul, in the scale of Allah the are weightier than 3ount 9hu". (Reported by al-Tiyalisi a"d Ahmad.) The *ur'a" speaks of ho) the +rimi"al idolaters used to lau,h at the faithful Muslims, espe+ially at the )eak a"d oppressed o"es like %ilal a"d 'Ammar, a"d ho) the tables )ill be tur"ed o" the &ay of Re+ko"i",, )he" the mo+kers )ill be+ome the mo+ked4 =eril , the criminals use" to laugh at those who belie!e" an" wink at one another when the passe" them, an" when the returne" to their families the woul" return joking (about them). An" when the saw them the woul" sa , '&urel these people are astra .' 4ut the ha" not been sent as watchers o!er them. Then on this "a those who belie!e will laugh at the "isbelie!ers. (<54;E-56)

Althou,h it has already bee" implied i" the first part of the erse 6E499, "e ertheless this ayah ,oes o" to state e3pli+itly that )ome" should "ot mo+k at other )ome". This emphasis is due to the fa+t that mo+ki", at others is quite +ommo" amo", )ome".

:!o -ot Slander: The se+o"d of these prohibitio"s is a,ai"st lam!, )hi+h literally mea"s -pier+i", a"d stabbi",.$ere it is used to mea" fi"di", faults, as the perso" )ho fi"ds faults i" others is doi", somethi", similar to pier+i", them )ith a s)ord or stabbi", them )ith a da,,era"d perhaps the )ou"d i"fli+ted by the to",ue is more lasti",. A poet has said, The woun"s of bla"es ma heal one "a , 4ut the woun"s of the tongue) The ne!er ma . The form of prohibitio" e3pressed i" this erse is ery subtle, sayi",, -&o "ot sla"der yoursel es,- that is, o"e a"other. (or the *ur'a" re,ards the +ommu"ity of Muslims as o"e body i" its mutual +o"+er"s a"d respo"sibilities, so that )hoe er sla"ders his brother i" effe+t sla"ders himself.

:!o -ot 'e.ile b% -icknames: >"e form of sla"deri", is +alli", others by dero,atory "i+k"ames of the sort )hi+h hi,hli,ht some defe+t a"d are used to mo+k a"d deride a perso". A Muslim should "ot +all his brother by a "ame )hi+h is offe"si e to him, thereby +ausi", him pai" a"d thus trampli", o" the feeli",s of #slami+ brotherli"ess.

Suspicion #slam aims at establishi", its so+iety o" +lear"ess of +o"s+ie"+e a"d mutual trust, "ot o" doubts, suspi+io"s, a++usatio"s a"d mistrust. $e"+e this ayah me"tio"s the fourth prohibitio" by )hi+h )hat is to be held sa+red amo", people is safe,uarded4 - ou who belie!e, a!oi" (in"ulging in) much suspicion; trul some suspicion is a sin. (6E49;) The ki"d of suspi+io" )hi+h is a si" is the as+ribi", of e il moti es, a"d it is "ot permissible for a Muslim to impute su+h moti es to his brother Muslim )ithout 1ustifi+atio" a"d +lear e ide"+e. %e+ause the basi+ assumptio" +o"+er"i", people is that they are i""o+e"t, a mere suspi+io" should "ot be allo)ed to result i" the a++usatio" of a" i""o+e"t perso". Re,ardi", this the 'rophet (pea+e be o" him) said, #A!oi" suspicion, for airing suspicion is the most l ing form of speech.# (Reported by al-%ukhari a"d others.) $uma" )eak"ess is su+h that "o o"e is free of suspi+io" a"d )ro", thou,hts espe+ially +o"+er"i", those )ith )hom relatio"ships are "ot ,ood. $o)e er, o"e must "ot ,i e i" to su+h thou,hts "or ,o beyo"d thou,hts to a+tio", as stated i" the hadith, #If ou ha!e a suspicion, "o not pursue it.# (Reported by al-Tabara"i.)

Sp%ing

#")ardly, mistrust of others produ+es e il thou,hts i" the mi"d )hile out)ardly it leads a perso" to)ard spyi",. %ut #slam establishes its so+iety o" the purity of both )hat is i""er a"d )hat is outer. Therefore, 1ust as spyi", follo)s suspi+io", the prohibitio" of spyi", +omes immediately after that of suspi+io". 'ryi", i"to other peoples' pri ate affairs a"d spyi", o" their se+rets is "ot permitted, e e" if they are e",a,ed i" si", as lo", as they do it pri ately a"d "ot ope"ly. Abu $aitham, the s+ribe of 'Fqbah bi" 'Amir, a Compa"io" of the 'rophet (pea+e be o" him) "arrated, -# said to 'Fqbah bi" 'Amir, 'Some of our "ei,hbors dri"k )i"e, a"d # am ,oi", to +all the poli+e a"d ha e them arrested.' $e said, '&o "ot do so, but ad ise them a"d )ar" them.' # said, '# told them to stop it but they do "ot liste" to me. # am therefore ,oi", to i"form the poli+e a"d ha e them arrested.' 'Fqbah the" said, '7oe to youG &o "ot do that, for # heard the Messe",er of Allah (pea+e be o" him) say, If one conceals the pri!ate affairs (of others), it is like re!i!ing a girl who has been burie" ali!e from her gra!e. (Reported by Abu &aoud' al-/isai, #b" $ibba" i" his Sahih, a"d al$akim. The )ordi", is from #b" $ibba".)

The 'rophet (pea+e be o" him) +lassified those )ho sear+h out other peoples' faults as bei", amo", the hypo+rites, )ho pro+laim their belief )ith their to",ues )hile their hearts do "ot +o"firm )hat they say. $e de"ou"+ed su+h people publi+ly. #b" 'Fmar "arrated, -Allah's Messe",er (pea+e be o" him) mou"ted the pulpit a"d +alled out i" a loud oi+e, - ou who "eclare Islam with our tongues but whose hearts ha!e not been reache" b faith, "o not anno the 3uslims nor seek out the? faults, for he who seeks out the faults of his brother 3uslim will ha!e his faults sought out b Allah, an" when Allah seeks out someone's faults, $e exposes them, e!en though he shoul" be in the interior of his house. (Reported by alTirmidhi, a"d #b" Ma1ah has reported somethi", similar.)

#" order to safe,uard peoples' pri a+y, the 'rophet (pea+e be o" him) stri+tly forbade that a"yo"e should look i"to other peoples' houses )ithout their permissio" a"d absol ed the reside"ts for a"y i"1ury they mi,ht i"fli+t upo" o"e )ho so looks. $e said, If someone peeps into the house of a people without their permission, it becomes allowable to them to gouge out his e e.
(Reported by al-%ukhari a"d Muslim.)

Aike)ise, he prohibited liste"i", +la"desti"ely to peoples' +o" ersatio" )ithout their k"o)led,e or appro al, sayi",, $e who listens clan"estinel to peoples' con!ersation against their wishes will ha!e molten lea" poure" into his ears on the .a of /esurrection. (Reported by al%ukhari a"d Muslim.)

Allah Subha"ahu )a Ta'ala has made it obli,atory o" the perso" )ho )a"ts to isit someo"e at his home "ot to e"ter the house u"til permissio" is ,i e" a"d he has ,reeted its i"habita"ts4 ou who belie!e, "o not enter houses other than our own until ou ha!e aske" permission an" offere" salam (greeting) to its people; that is best for ou in or"er that ou ma be hee"ful. An" if ou "o not fin" an one therein, "o not enter until permission is gi!en to ou. An" if ou are to, '(ith"raw,' then "o @A; that is purer for ; an" Allah knows what ou "o. (;64 ;B-;<) Said the 'rophet (pea+e be o" him), $e who pulls the curtain an" l looks into a house before he is grante" permission to 8 enter has committe" an offense. (Reported by Ahmad a"d al-Tirmidhi.) The te3ts prohibiti", spyi", a"d sear+hi", out people' faults apply equally to the ,o er"me"t a"d to i"di iduals. Mu'a)iyah reported the 'rophet (pea+e be o" him) as sayi",, #If ou seek out peoples' faults, ou will corrupt them, or bring them !er near to corruption# (Reported by Abu &aoud a"d by #b" $ibba" i" his Sahih.) , a"d Abu #mamah reported that the 'rophet (pea+e be o" him) said, The ruler who sows suspicion among the people corrupts them. (Reported by Abu &aoud.)

$ackbiting The si3th e il prohibited i" the erses +ited abo e is ba+kbiti", (,heeba)4 An" "o not...backbite one another. (6E49;) The 'rophet (pea+e be o" him) )a"ted to dri e home the mea"i", of ba+kbiti", to his Compa"io"s throu,h questio"s a"d a"s)ers. $e asked them, '.o ou know what backbiting is)' The replie", 'Allah an" $is 3essenger know best'. $e sai", 'It is sa ing something about our brother which he woul" "islike'. &omeone aske" '(hat if I sa something about m brother which is true)' The +rophet (peace be on him) replie", 'If what ou sa of him is true, it is backbiting an" if it is not true ou ha!e slan"ere" him.' (Reported by Muslim, Abu
&aoud al-Tirmidhi, a"d al-/isai.)

7he" a perso" dislikes someo"e, he is likely to fi"d faults i" his appeara"+e, beha ior, li"ea,e, a"d a"ythi", else )hi+h pertai"s to him. 'Aishah "arrated that she said to the 'rophet (pea+e be o" him), -&o you see that Safiyyah (a"other )ife of the 'rophet) is su+h a"d su+h8- mea"i", that she )as short. The 'rophet (pea+e be o" him) replied, #;ou ha!e spoken a wor" such that, if it were mixe" in the water of the ocean, it woul" "arken it.# (Reported by Abu &aoud, al-Tirmidhi, a"d al%ayheqi.)

%a+kbiti", is "othi", but a desire to belittle people, to sla"der their ho"or, a"d to deride their a++omplishme"ts i" their abse"+e. Si"+e this is stabbi", i" the ba+k, it is a" e3pressio" of "arro)-mi"ded"ess a"d +o)ardi+e. %a+kbiti", is a "e,ati e trait, a"d o"ly those e",a,e i" it )ho themsel es are "ot a+hie ers. #t is a tool of destru+tio", for o"e )ho is addi+ted to it lea es "o o"e )ithout thro)i", a dart at him a"d )ou"di", him. #t is "o )o"der the", that the *ur'a" pai"ts su+h a repulsi e pi+ture of this ile habit as )ould make people shri"k from it i" horror4 An" "o not...backbite one anther; woul" an of ou like to eat the flesh of his "ea" brother) ;ou woul" abhor that. (6E49;) Si"+e o"e feels si+k at the ery thou,ht of eati", huma" flesh, ho) mu+h more re olti", it is to thi"k of eati", the flesh of o"e's dead brotherG 7he"e er a" opportu"ity arose, the 'rophet (pea+e be o" him) stressed this *ur'a"i+ ima,ery i" order to impri"t it o" peoples' hearts a"d mi"ds. #b" Mas'ood "arrated, -7e )ere sitti", )ith the 'rophet (pea+e be o" him). The" a ma" ,ot up a"d left. 7hereupo" a"other perso" spoke ill of him. The 'rophet (pea+e be o" him) told him, ''i+k your teeth.' The ma" replied, '7hy8 # ha e"'t eate" a"y meat.' The 'rophet (pea+e be o" him) replied, ';ou ha!e eaten our brother's flesh.' - (Reported by al-Tabara"i o" sou"d authority.) .abir "arrated, -7hile )e )ere )ith the 'rophet (pea+e be o" him) the )i"d brou,ht a foul odor i" our dire+tio", )hereupo" the 'rophet (pea+e be o" him) said, '.o ou know what this o"or is) It is the o"or of those who backbite the 4elie!ers.' - (Reported by Ahmad o" reliable authority.) All these te3tual quotatio"s demo"strate the sa"+tity a"d di,"ity )hi+h is a++orded to o"e i" #slam. $o)e er, s+holars ha e listed some e3+eptio"s, "e+essarily limited to +ertai" +ir+umsta"+es, )he" talki", about a perso" i" his abse"+e is permitted. Amo", these e3+eptio"s is the i"sta"+e of a perso" )ho has bee" )ro",ed a"d )ho +omplai"s about the )ro",doer. 7hile he must the" speak about )hat the other dislikes, it is his ri,ht to do so i" order to se+ure 1usti+e2 +o"seque"tly, he is ,i e" permissio" to des+ribe the )ro", he has suffered. Allah Ta'ala says4 Allah "oes not like the announcing of e!il in public speech except b one who has been wronge"; an" Allah is $earing, >nowing. (6496<)

#f someo"e )a"ts to i" esti,ate the +hara+ter or suitability of a perso" )ith )hom he )a"ts to e"ter i"to part"ership, )ho has asked for his dau,hter i" marria,e, or )ho is seeki", employme"t )ith him, it is permissible for those )ho ha e bee" asked to ,i e their fra"k a"d ho"est opi"io". $ere there is a +o"fli+t bet)ee" t)o obli,atio"s4 o"e, to ,i e ,ood ad i+e to the perso" )ho seeks the i"formatio", a"d t)o, to prote+t the ho"or of the perso" about )hom the opi"io" is sou,ht. %ut the first obli,atio" takes pre+ede"+e o er the se+o"d, as it is more importa"t a"d more sa+red. (atimah bi"t *ais asked the 'rophet (pea+e be o" him) about t)o me" )ho had asked for her ha"d i" marria,e. The 'rophet (pea+e be o" him) told her about o"e of them, -$e is ,ood for "othi", a"d has "o property,- a"d about the other, -$e does "ot put his sti+k do)" from his shoulder,- mea"i", that he freque"tly beat the )ome" of his household. #t is also permissible to speak about a perso" )ithout his k"o)led,e if a le,al opi"io" or reli,ious ruli", is required +o"+er"i", him or if help is "eeded to +ombat some e il he may be +ausi",, or to refer to him by a "ame, title, or +hara+teristi+ )hi+h he dislikes but )ithout )hi+h he +a""ot be ide"tified, as for e3ample, -the lame perso"- or -the perso" )ith o"e eye.- Aike)ise, +rossquestio"i", a )it"ess or +riti+i!i", the reporters of ahadith a"d "e)s is permissible. (See al?ha!!ali's dis+ussio" of the uses a"d abuses of spee+h i" his #hya2 al-/a)a)i's Comme"tary o" the Sahih of Muslim2 a"d alSha)ka"i's treatise o" )hat is permissible a"d )hat is prohibited i" talki", behi"d the ba+ks of others.)

The ,e"eral rule +o"+er"i", the permissibility of speaki", about someo"e i" his abse"+e is ,o er"ed by t)o +o"sideratio"s4 (9) the "eed a"d (;) the i"te"tio".

1. 7he" there is "o +ompelli", "eed to me"tio" the third perso" i" a ma""er i" )hi+l9 he
)ould dislike, o"e must refrai" from iolati", the sa"+tity of his perso"ality a"d ho"or. #f there is a "eed to me"tio" him but the "eed +a" be met by a" i"dire+t refere"+e, o"e must "ot be e3pli+it. #f a ,e"eral dis+ussio" is suffi+ie"t, the me"tio"i", of spe+ifi+ perso"s must be a oided. (or e3ample, i" seeki", a 1uristi+ opi"io", o"e +a" phrase the questio" as, -7hat )ould your opi"io" be if someo"e did su+h a"d su+h a thi",8- rather tha", -This perso" is doi", su+h a"d su+h. 7hat do you thi"k about it8- A,ai", if o"e must ide"tify the perso", he must me"tio" o"ly )hat is true, si"+e as+ribi", a"ythi", false to him is haram.

2. #" a"y e e"t, the i"te"tio" is the de+isi e fa+tor. The speaker k"o)s his o)" moti es
better tha" a"yo"e else)hether it +o"stitutes a ,e"ui"e +omplai"t a,ai"st )ro",doi", or mere spite, a" i"quiry +o"+er"i", a" issue or a sla"der, a s+holarly +riti+ism or e" ious ba+kbiti",, E. pie+e of ,ood ad i+e or the spreadi", of a rumor. #t is said i" this +o""e+tio" that the %elie er is a ster"er 1ud,e of himself tha" a tyra""i+al ruler or a ,reedy part"er +ould be. #slam has de+reed 9hat the liste"er is the part"er of the o"e )ho is abse"t, a"d he must defe"d his abse"t brother by repudiati", the sla"der bei", spokeG,. The 'rophet (pea+e, be o" him) said, If an one "efen"s his brother who is slan"ere" in his absence, it will be (his) "ue from Allah to set him free from the 7ire. (Reported by Ahmad o" ,ood
authority.)

A"d a,ai", If an one "efen"s his brother's honor in this worl", Allah will shiel" his face from the 7ire on the .a of /esurrection. (Reported by al Tirmidhi o" sou"d authority.) #f a perso" does "ot ha e the +oura,e to speak out i" defe"se of his brother a,ai"st mali+ious to",ues, the least he +a" do is to )ithdra) from su+h +ompa"y u"til they tur" to some other topi+ other)ise, the erse, -Truly, you )ould the" be like them- (6496@) )ould apply to him.

Spreading 0ossip

A"other bad , )hi+h usually a++ompa"ies ba+kbiti", a"d is stri+tly prohibited by #sla, is ,ossipi",. This mea"s passi", o" to others )hat you hear from someo"e i" su+h a ma""er that )ill +ause disse"sio" amo", people, sour their relatio"ships, or i"+rease already-e3isti", bitter"ess bet)ee" them. (rom the ery early Makkah period of re elatio", the *ur'a" +o"dem"ed this trait sayi",, An" "o not obe an "espicable man, rea" with oaths, a slan"erer, going among the people with calumnies. (=<4 9@-99) A"d the 'rophet (pea+e be o" him) said, #The one who sprea"s gossip which he has o!erhear" will not enter the *ar"en# (Reported by al-%ukhari a"d Muslim.), a"d, The most e!il among Allah's sla!es are those who go about sprea"ing gossip "i!i"ing those who lo!e each other an" "esiring to "efame those who are innocent. (Reported by Ahmad.) #" order to foster pea+e a"d re+o"+iliatio", #slam permits a mediator to +o"+eal the bad )ords said by o"e perso" a,ai"st a"other a"d permits him to add some ,ood )ords )hi+h, i" fa+t, "either of them has said. This is "ot +o"sidered to be lyi",, for the 'rophet (pea+e be o" him) said, #$e is not a liar who makes peace between two persons, sa ing what is goo" or a""ing something goo".# (Reported by al-%ukhari a"d Muslim.) #slam's a",er is parti+ularly dire+ted a,ai"st those people )ho, as soo" as they hear somethi", bad, haste" to re+ou"t it for the sake of +urryi", fa or or merely out of lo e of +ausi", trouble a"d disse"sio". #"deed, ma"y su+h people are "ot satisfied to simply repeat )hat they ha e heard but add to it or i" e"t somethi", of their o)". As a poet has said, If the hear a goo" wor" the hi"e it, An" if a ba" wor" the shout it, An" if nothing is hear" the make up a lie. A ma" +ame to 'Fmar bi" 'Abd al-'A!i! a"d told him somethi", about a"other perso" )hi+h the latter )ould ha e disliked bei", me"tio"ed. Thereupo" 'Fmar said to him, -Aet us e3ami"e your +ase4 #f you are lyi",, you are o"e of those )ho is me"tio"ed i" the ayah, 'If a wicke" person brings ou some news, in!estigate it' (6E4=) a"d if you are telli", the truth, you are o"e of those me"tio"ed i" the ayah, 'A slan"erer, going among the people with calumnies.' (=<499) %ut if you )ish )e may for,i e you.- The ma" replied, 'lease for,i e me, > Ameer al-Mu'mi"ee" (Aeader of the %elie ers). # shall "e er do it a,ai".

The Sacredness of Honor 7e ha e "oted that the #slami+ tea+hi",s safe,uard huma" di,"ity a"d ho"or, re,ardi", them, i" fa+t, as i" iolable a"d sa+red. >"+e, )hile looki", at the 0a'aba, 'Abdullah bi" Fmar remarked, -$o) ,reat a"d sa+red you areG %ut the sa"+tity of the %elie er is ,reater tha" yours-a"d the sa"+tity of the Muslim i"+ludes the sa"+tity of his life, his ho"or, a"d his property. &uri", the (are)ell 'il,rima,e the 'rophet (pea+e be o" him) addressed the assembly of Muslims, sayi",, ;our li!es, our honor, an" our propert are as sacre" to each other as the sacre"ness of this our "a , in this our month, an" in this our cit . (Reported by Muslim.) #slam safe,uards the sa"+tity of a perso"'s ho"or a,ai"st ba+kbiti", e e" if )hat is said about him is true. $o) mu+h more abhorre"t it is, the", if )hat is said is false a"d baseless2 this is a sheer )ro", a"d a ,reat si". The 'rophet (pea+e be o" him) said, If an one sa s something about a person which is not true in or"er to "efame him, Allah will confine him in the fire of $ell until it extinguishes his utterance. (Reported by al-Tabara"i)

'Aishah reported that the 'rophet (pea+e be o" him) said to his Compa"io"s, '.o ou know what the worst form of usur is in the sight of Allah)' The sai", 'Allah an" $is 3essenger know best' The +rophet (peace be on him) replie", 'The worst form of usur is the !iolation of the personal honor of a 3uslim.' $e then recite", 'Those who harm belie!ing men an" belie!ing women un"eser!e"l ha!e lai" upon themsel!es a calumn an" a manifest sin.' (554:<) (Reported by #b" Abu $atim, #b" Murda)ai a"d al-%ayhaqi.) The ilest ki"d of atta+k o" perso"al ho"or is that of a++usi", a irtuous belie i", )oma" of immorality. Su+h a" a++usatio" "ot o"ly rui"s her reputatio" a"d that of her family, destroyi", her future, but also broad+asts s+a"dals )ithi" the Muslim so+iety. This is )hy the 'rophet Muhammad (pea+e be o" him) listed it amo", the se e" most hei"ous si"s a"d the *ur'a" threate"ed its perpetrators )ith dire pu"ishme"ts4 Those who accuse chaste but careless (or in"iscreet) belie!ing women shall be accurse" in this worl" an" in the $ereafter, an" theirs will be a grie!ous punishment on the .a when their tongues, their han"s, an" their feet will bear witness against them concerning what the "i". -n that .a Allah will pa them in full their just "ue, an" the will show that Allah is in"ee" the manifest Truth. (;64;5-;:) In"ee", these who lo!e that a scan"al shoul" be sprea" concerning those who belie!e will ha!e a painful punishment in this worl" an" in the $ereafter, an" Allah knows an" ou "o not know. (;649E)

The Sacredness of )ife #slam has made huma" life sa+red a"d has safe,uarded its preser atio". A++ordi", to its tea+hi",s, a,,ressio" a,ai"st huma" life is the se+o"d ,reatest si" i" the si,ht of Allah, se+o"d o"ly to de"ial of $im. The *ur'a" de+lares, .. If an one kills a person for an reason other than for (the killing of) a person or for sowing corruption in the lan", it will be as if he ha" kille" the whole of mankin"....(:45: (5;) ) %e+ause the huma" ra+e +o"stitutes a si",le family, a" offe"se a,ai"st o"e of its members is i" fa+t a" offe"se a,ai"st the )hole of huma"ity. The +rime is more serious if the slai" is a belie er i" Allah. An" for the one who kills a 4elie!er intentionall , his recompense is $ell, to abi"e therein; an" the wrath of Allah is upon him an" $is curse, an" a tremen"ous punishment has been prepare" for him. (64E5) The 'rophet (pea+e be o" him) said, #The passing awa of the worl" woul" mean less to Allah than the mur"er of a 3uslim man.# (Reported by Muslim, al-/isai, a"d al-Tirmidhi.) $e also said, #A 4elie!er remains within the scope of his religion as long as he "oes not kill an one unlawfull . (Reported by al-%ukhari.) A"d a,ai", Allah ma forgi!e e!er sin except in the case of one who "ies a mushrik or one who kills a 4elie!er intentionall . (Reported by Abu &aoud, #b" $ibba", a"d al-$akim.) >" the basis of these erses a"d ahadith, #b" 'Abbas dedu+ed that the repe"ta"+e of the murder )ill "ot be a++epted by Allah. (or, he ar,ued, si"+e i" the +ase of a" offe"se a,ai"st a"other i"di idual, the )ro",doer's repe"ta"+e is "ot a++epted u"less the )ro", do"e to others is ri,hted or their satisfa+tio" se+ured, the questio" is ho), i" the +ase of murder, o"e +a" restore the murdered perso" to life or se+ure his satisfa+tio". >thers say that si"+ere repe"ta"+e is a++epted by Allah2 if it erases e e" the ,reatest si", that of shirk or as+ribi", part"ers to Allah, )hy "ot lesser si"s8 Allah Ta'ala says4 ...Those who "o not in!oke, together with Allah, an other "eit , nor take the life which Allah has ma"e sacre" except in (the course of) justice, nor commit :ina. An" whoe!er "oes that shall pa the price (of his sin). The punishment shall be "ouble" for him on the .a of /esurrection an" he will abi"e in it in "isgrace, except for him who repents an" belie!es an" "oes righteous "ee"s. As for them, Allah will change their e!il "ee"s to goo" "ee"s, an" Allah is 7orgi!ing, 3erciful. (;:4=<-B@)

:The Murderer and the Murdered

ill $e in Hell:

The 'rophet (pea+e be o" him) +o"sidered a Muslim's fi,hti", a"other Muslim to be a door to u"belief a"d a deed pertai"i", to pre-#slami+ 1ahiliyyah, duri", )hi+h people used to )a,e )ars a"d shed blood o er a +amel or a horse. $e said, #Insulting the 3uslim is wicke"ness an" fighting him is unbelief.# (Reported by al-%ukhari a"d Muslim.) #.o not become unbelie!ers after I pass awa , killing one another.# (Reported by al-%ukhari a"d Muslim.) $e further said, '(hen two 3uslims "raw weapons against each other, the are at the brink of $ell. If one of them kills the other, the both enter it together.' &omeone aske", '3essenger of Allah, this one wthe mur"erer, but what was the fault of the mur"ere")' $e replie", '$e was eager to kill the oth.' (Reported by al-%ukhari a"d Muslim.) %e+ause of this the 'rophet (pea+e be o" him) forbade a"y a+t )hi+h mi,ht lead to murder or to a fi,ht, e e" poi"ti", a )eapo", sayi",, ,one of ou shoul" point a weapon at his brother. +erhaps &atan ma make his han" slip an" then he will fall into the pit of 7ire. (Reported by al%ukhari.)

$e also said, If an one points a piece of iron at his brother, the angels curse him until he stops "oing it, e!en if he is his real brother. (Reported by Muslim.) $e e e" )e"t so far as to say, #It is not permissible for the 3uslim to frighten his brother.#
(Reported by Abu &aoud as )ell as by al-Tabara"i o" reliable authority.)

The si" of murder is "ot limited to the murderer alo"e. Ha+h i"di idual )ho parti+ipated i" this +rime, by deed, or by )ord, )ill be the re+ipie"t of Allah's pu"ishme"t i" proportio" to his share i" it2 e e" a perso" )ho happe"ed to be at the s+e"e of the murder )ill re+ei e a share of the si". A hadith states, ,one of ou shoul" remain in a place where a man is being kille" unjustl , for the curse (of Allah) "escen"s on an one who was present an" "i" not "efen" him.
(Reported by al-Tabara"i a"d by al-%ayhaqi o" ,ood authority.)

The Sanctit% of the )i.es of Allies and -on1Muslim 'esidents Thus far )e ha e quoted those te3ts )hi+h )ar" Muslims a,ai"st killi", or fi,hti", fello) Muslims. %ut let "o o"e ,et the impressio" that the life of a "o"-Muslim is "ot safe i" a Muslim so+iety, for Allah has de+lared the life of e ery huma" bei", to be sa+red, a"d $e has safe,uarded it. This applies as lo", as the "o"-Muslim does "ot fi,ht a,ai"st the Muslims2 if he does so, sheddi", blood is permissible. $o)e er, if the "o"-Muslim is of a people )ith )hom there is a treaty or if he is a dhimmi (a "o"-Muslim reside"t of a" #slami+ state), his life is sa+red, a"d it is u"la)ful for the Muslim to atta+k him. #" this re,ard the 'rophet (pea+e be o" him) has said, An one who kills a person from among the people with whom there is a treat will not smell the fragrance of the *ar"en, although its fragrance reaches to a walking "istance of fort ears. (Reported by al-%ukhari a"d others.) #An one who kills a "himmi will not smell the fragrance of the *ar"en.# (Reported by al-/isai.)

Capital Punishment Allah Subha"ahu )a Ta'ala says, ....o not take the life which Allah has ma"e sacre" except in (the course of) justice....(=49:9)

Allah has me"tio"ed three +rimes for )hi+h the death pe"alty is 1ustified4

1. F"1ust murder. Murder )hi+h has bee" pro ed dema"ds retaliatio" by taki", the life of
the murderera life for a life, a like retur" for a" e il +ommitted, as the i"itiator of the killi", is the i"itiator of the )ro",doi",. As the *ur'a" states, In the law of 5isas (retaliation) there is life for ou, - people of un"erstan"ing....(;49BE)

2. 'ubli+ly +ommitti", !i"a )ith a perso" )ho is "ot o"e's spouse if at least four upri,ht
people ha e a+tually )it"essed i"ter+ourse taki", pla+e a"d testified before the +ourt that they sa) it. The death pe"alty applies to either of the t)o )ho is married. Co"fessio", repeated four times before the +ourt by the adulterer or adulteress, is equi ale"t to the testimo"y of four )it"esses.

3. Apostasy from #slam after )illi",ly a++epti", it a"d subseque"tly de+lari", a" ope" re olt
a,ai"st it i" su+h a ma""er )hi+h threate"s the solidarity of the Muslim +ommu"ity is a +rime pu"ishable by death. /o o"e is +ompelled to a++ept #slam, but at the same time "o o"e is permitted to play tri+ks )ith it, as some .e)s did duri", the 'rophet's time4 A party of the 'eople of the %ook say, '4elie!e in what has been re!eale" to the 4elie!ers' at the beginning of the "a an" reject it at the en" of it, in or"er that the ma turn back (from #slam). (54B;) The 'rophet (pea+e be o" him) limited +apital pu"ishme"t to these three +rimes o"ly, sayi",, The she""ing of the bloo" of a 3uslim is not lawful except for one of three reasons% a life for a life, a marrie" person who commits :ina, an" one who turns asi"e from his religion an" aban"ons the communit . (Reported by al-%ukhari a"d Muslim) #" a"y of these i"sta"+es, the death pe"alty +a" be impleme"ted o"ly by the proper authority after due pro+ess of la) pres+ribed by the Shari'ah2 i"di iduals +a""ot take the la) i"to their o)" ha"ds, be+omi", 1ud,es a"d e3e+utio"ers, si"+e this )ould result i" absolute +haos a"d disorder. $o)e er, the 1ud,e may tur" the murderer o er to the i+tim's "e3t-of-ki" to be e3e+uted i" his prese"+e so that their hearts may be eased a"d the desire for re e",e e3ti",uished. This is i" obedie"+e to the sayi", of Allah Ta'ala, ...An" whoe!er is kille" wrongfull , (e ha!e gi!en authorit to the heir; but let him not go to excess in killing (b wa of retaliation), for in"ee" he will be helpe". (9B455)

Suicide 7hate er applies to the +rime of murder like)ise applies to +ommitti", sui+ide. 7hoe er takes his life by a"y mea"s )hatsoe er has u"1ustly take" a life )hi+h Allah has made sa+red. (or si"+e he did "ot +reate himself, "or e e" so mu+h as a si",le +ell of his body, the life of a" i"di idual does "ot belo", to him2 it is a trust ,i e" to him by Allah Subha"ahu )a Ta'ala. $e is "ot allo)ed to dimi"ish it, let alo"e to harm or destroy it. Allah Ta'ala says4 ....o not kill oursel!es; in"ee", Allah is merciful to ou. (64;E) The #slami+ tea+hi",s require the Muslim to be resolute i" fa+i", hardships2 he is "ot permitted to ,i e up a"d to ru" a)ay from the i+issitudes of life )he" a tra,edy befalls or some of his hopes are dashed. #"deed, the belie er is +reated for stri i",, "ot for sitti", idle2 for +ombat, "ot for es+ape. $is faith a"d +hara+ter do "ot permit him to ru" a)ay from the battlefield of life, a"d he possesses a )eapo" )hi+h "e er fails a"d ammu"itio" )hi+h is "e er e3hausted4 the )eapo" of his u"shakable faith a"d the ammu"itio" of his moral steadfast"ess.

The 'rophet (pea+e be o" him) )ar"ed that a"yo"e )ho +ommits the +rime of sui+ide )ill be depri ed of the mer+y of Allah a"d )ill "ot e"ter the ?arde"2 he )ill deser e Allah's )rath a"d be +ast i"to the (ire. The 'rophet (pea+e be o" him) said, 'In the time before ou, a man was woun"e". $is woun"s trouble" him so much that he took a knife an" cut his wrist an" ble" himself to "eath. Thereupon Allah sai", '3 sla!e hurrie" in the matter of his life.' therefore, he is "epri!e" of the *ar"en.' (Reported by al-%ukhari a"d Muslim.) #f a perso" is depri ed of the ?arde" be+ause he +a""ot bear the pai" of his )ou"ds a"d so kills himself, )hat about the o"e )ho takes his life be+ause he has suffered a loss, )hether ,reat or small i" his busi"ess, has failed a" e3ami"atio", or has bee" re1e+ted by a )oma". Aet those people )ho are )eak of )ill pay +areful atte"tio" to the follo)i", hadith. $e who throws himself "own from a rock an" commits suici"e will be throwing himself into the fire of $ell; he who "rinks poison an" kills himself will ha!e the poison in his han", "rinking it fore!er in the fire of $ell an" he who kills himself with a weapon will ha!e that weapon in his han", stabbing himself fore!er in the fire of $ell. (Reported by al-%ukhari a"d Muslim.)

The Sanctit% of Propert% The Muslim is permitted to a+quire )ealth, as mu+h as he desires, as lo", as he a+quires it throu,h la)ful mea"s a"d i"+reases it throu,h la)ful i" estme"ts. 7hile i" a"other reli,io" it is said, -#t is easier for a +amel to pass throu,h the eye of a "eedle tha" for a ri+h ma" to e"ter the ki",dom of ?od- (The author refers here to a quotatio" that the /e) Testame"t attributes to .esus (pbuh). This does "ot
imply that there is suffi+ie"t e ide"+e that he a+tually said it. A++ordi", to the *ur'a" there has bee" o"ly o"e true, authe"ti+ faith, Al-#slam. #slam mea"s the attai"me"t of pea+e throu,h +o"s+ie"tious a"d lo i", submissio" to the 7ill a"d ?uida"+e of Allah. This )as the missio" of all 'rophets a"d Messe",ers i" huma" history. #t is the same fu"dame"tal faith )hi+h )as re ealed to Moses, .esus, a"d Muhammad (pea+e be upo" them). The ori,i"al re elatio"s ,i e"to Moses a"d .esus are "o lo",er a ailable i" their +omplete, ori,i"al a"d u"adulterated form. The *ur'a" is the o"ly re elatio" )hi+h )as meti+ulously preser ed i" it's +omplete, ori,i"al, a"d u"adulterated form. As su+h, it is to be used as the +riterio" to 1ud,e the authe"ti+ity of the prese"t forms of pre ious re elatio"s.), i" #slam it is Said, #(hat an excellent thing is lawfull earne" wealth in

the han"s of a goo" man.# (Reported by Ahmad.) Si"+e the #slami+ Shari'ah sa"+tio"s the ri,ht to perso"al property, it prote+ts it, both by mea"s of moral e3hortatio" a"d le,islatio", from robbery, theft, a"d fraud. The 'rophet (pea+e tee o" him) me"tio"ed the sa"+tity of property i" the same se"te"+e )ith the sa"+tity of life a"d ho"or a"d +o"sidered steali", as +o"tradi+tory to faith, sayi",, #A thief is not a 4elie!er while he is engage" in stealing.# (Reported by al-%ukhari a"d Muslim) Says Allah Ta'ala4 As for the male an" female thief, cut off their han"s, a recompense for what the earne", punishment from Allah; an" Allah is 3ight , (ise. (:469 (5<)) A"d the 'rophet (pea+e be o" him) said, #It is haram for the 3uslim to take (so much as) a stick without the consent of its owner# (Reported by #b" $ibba" i" his Sahih.), thus emphasi!i", )hat Allah has prohibited to the Muslim i" respe+t of other peoples' property. Allah the ?reat a"d ?lorious says4 - ou who belie!e, "o not consume our propert among oursel!es wrongfull , but let there be tra"e b mutual consent....(64;E)

The Prohibition of $riber% Taki", a bribe is o"e )ay of +o"sumi", someo"e else's )ealth )ro",fully. A bribe refers to a"y ki"d of property )hi+h is offered to a 1ud,e or publi+ ser a"t i" order to obtai" a de+isio" i" fa or of o"eself or a,ai"st a ri al, to e3pedite o"e's o)" affair, or to delay that of o"e's +ompetitio", a"d so o".

#slam has prohibited the Muslim to approa+h the offi+ials of a ,o er"me"t or their subordi"ates for the purpose of offeri", them a bribe2 it has prohibited the latter to a++ept it2 a"d it has prohibited that a"y third perso" should arra",e matters bet)ee" the ,i ers a"d the takers of the bribe. Allah Ta'ala says4 An" "o not consume our propert among oursel!es wrongfull , nor seek access to ju"ges b means of it in or"er that ou ma sinfull consume a portion of peoples' wealth, while ou know (what ou "o). (;49<<) The 'rophet (pea+e be o" him) said, #Allah's curse is on the one who offers the bribe an" on the ju"ge who accepts it.# (Reported by Ahmad, al-Tirmidhi, a"d #b" $ibba" i" his Sahih.) Tha)ba" said, The 3essenger of Allah (peace be on him) curse" the one who offers the bribe, the one who recei!es it, an" the one who arranges it. (Reported by Ahmad a"d al-$akim.) #f the re+ipie"t of the bribe a++epts it i" order to do i"1usti+e, his si" is the ,reater, )hile if he i"te"ded to do 1usti+e, it )as his simple duty for )hi+h "o payme"t )as "eeded. The 'rophet (pea+e be o" him) se"t 'Abdullah bi" Ra)ahah to the .e)s to estimate )hat they o)ed as ta3es o" their palm trees. The .e)s offered him some mo"ey as a ,ift. $e told them, -7hat you ha e offered as a bribe is haram a"d )e do "ot a++ept it.- (Reported by Malik) #t is "ot surprisi", that #slam has prohibited bribery a"d that it is se ere a,ai"st all those )ho parti+ipate i" it. The proliferatio" of bribery i" a so+iety leads to +orruptio" a"d oppressio"4 u"1ust de+isio"s are made a"d 1ust o"es are blo+ked, u"deser i", perso"s are ,i e" +ha"+es a"d deser i", o"es are passed o er, a"d the spirit of ,reed permeates the so+iety i" pla+e of the spirit of dutiful"ess.

0ifts to &fficials The i"te"tio" of the #slami+ Shari'ah is to prohibit bribery i" a"y shape or form. Thus, referri", to a bribe as a -,ift- does "ot tra"sfer it from the realm of the haram to that of the halal. A hadith states, (hen we (the +rophet) appoint a person to a position, we take care of his pro!ision. If he takes an thing be on" that, it is an illegal gain. (Reported by Abu &aoud.) Caliph 'Fmar bi" 'Abd al-'A!i! )as ,i e" a ,ift )hi+h he refused. >" bei", told that the 'rophet (pea+e be o" him) had a++epted ,ifts, he said, -To him it )as a ,ift, but to us it is a bribe.The 'rophet (pea+e be o" him) se"t a ma" to +olle+t !akat from the A!d tribe. >" retur"i", to the 'rophet (pea+e be o" him) he kept somethi", for himself, telli", the 'rophet (pea+e be o" him), -That is for you a"d this is for me as a ,ift.- Thereupo" the 'rophet (pea+e be o" him) be+ame a",ry a"d said, If what ou sa is right, woul" these gifts ha!e reache" ou if ou ha" remaine" in our father's or our mother's house) $e then continue", (h shoul" a person emplo e" b me sa , 'That is for ou an" this is for me as a gift)' .i" gifts reach him while he li!e" in his mother's house) 4 $im in (hose han" is m soul, no one takes something wrongfull without Allah's making him carr it on the .a of /esurrection. &o let none of ou come on the "a of /esurrection carr ing a bra ing camel, a mooing cow, or a bleating goat (which he recei!e" in this manner). $e then raise" his han"s high in supplication an" sai", - Allah, ha!e I con!e e" the message) (Reported by al-%ukhari a"d Muslim.) Said #mam al-?ha!!ali, #" ie) of these admo"itio"s, the 1ud,e or the ,o er"or or a"yo"e i" a positio" of authority should ima,i"e himself sitti", i" his father's or mother's house. #f he thi"ks that e e" after lea i", the 1ob he )ill still ha e re+ei ed this ,ift )hile sitti", i" his mother's house, he may a++ept the ,ift offered to him. #f, o" the other ha"d, this ,ift is offered to him be+ause of his positio" of authority, he must "ot a++ept it. #f he fi"ds it diffi+ult to de+ide, +o"+er"i", ,ifts from his frie"ds, )hether they )ould still ha e ,i e" them to him if he )ere "ot i"

that positio", it is a doubtful situatio" a"d it is preferable to a oid a++epti", them.

the book of -Al-halal )a al-haram,- i" the se+tio" e"titled -Al-adat- (Customs), p. 95B.)

(#hya 'ulum al-dee",

$riber% to 'edress a

rong

#f someo"e fi"ds himself i" a situatio" i" )hi+h all a e"ues of redressi", a )ro", do"e him, or re+o eri", a ri,ht )hi+h has bee" forfeited, are blo+ked e3+ept throu,h the payme"t of a bribe, it is preferable that he )ait patie"tly u"til Allah ope"s to him a better )ay of redressi", the )ro", or re+o eri", his ri,hts. Still, should he resort to bribery, the si" of it )ill "ot be o" him pro ided he has tried all other la)ful a e"ues a"d that i" so doi", he re,ai"s his o)" ri,hts )ithout i"fri",i", upo" the ri,hts of others2 i" su+h a +ase the burde" of the si" )ill fall e"tirely o" the re+ipie"t of the bribe. Some s+holars ha e dedu+ed this from ahadith reporti", that the 'rophet (pea+e be o" him) ,a e +harity to some people )ho )ere persiste"t i" be,,i", althou,h, i" fa+t, they did "ot deser e to re+ei e +harity. 'Fmar reported that the 'rophet (pea+e be o" him) said, '-ne of ou takes charit from me an" carries it awa un"er his arm, an" it is ($ell)<fire for him.' '9mar aske", '- 3essenger of Allah, how can ou gi!e it to him, knowing that it is fire for him)' The +rophet (peace be on him) replie", '(hat am I to "o) The ask from me persistentl , an" Allah has forbi""en me to be close"<han"e".' (Reported by Abu C'ala o" ,ood authority2 Ahmad
reported somethi", similar o" sou"d authority.)

#f )he" the pressure of i"siste"t be,,i", i"du+ed the 'rophet (pea+e be o" him) to ,i e a be,,ar )hat he k"e) to be $ell-fire for him, )hat +a" )e say about the pressure of the "eed to defe"d o"eself a,ai"st i"1usti+e or to re,ai" o"e's ri,ht8

asteful Spending .ust as the )ealth of others is sa+red a"d a"y iolatio" of it, )hether se+ret or ope", is prohibited, i" like ma""er a perso"'s o)" )ealth is sa+red )ith respe+t to himself2 he should "ot )aste it by e3tra a,a"t spe"di",, s+atteri", it to the ri,ht a"d left. This is be+ause the Muslim ummah, )hi+h +o"stitutes a" o)"er i" additio" to e ery other o)"er, has a ri,ht to the )ealth of i"di iduals. (or this reaso" #slam has ,i e" the ummah the ri,ht to ma"a,e the properties of the )eak-mi"ded )ho squa"der their )ealth. The *ur'a" says, .o not gi!e our wealth, which Allah has ma"e a means of supfor ou, to the weak<min"e", but fee" an" clothe them from it an" speak to them wor"s of kin"ness. (64:) #" this ayah Allah Subha"ahu )a 'ala refers to the )ealth of the )eak-mi"ded as -your )ealth,si"+e the )ealth of the i"di idual is also the )ealth of the ummah. #slam is the reli,io" of 1usti+e a"d moderatio", a"d the ummah of #slam is the -middle "atio".The Muslim must be 1ust i" all his affairs. This is )hy Allah has prohibited to the %elie ers )asteful"ess a"d e3tra a,a"t spe"di",, as $e has like)ise prohibited them from ,reed a"d miserli"ess. Allah Ta'ala says4 - chil"ren of A"am, wear our beautiful apparel at e!er place of worship, an" eat an" "rink but "o not be wasteful; in"ee", $e "oes not like the wasteful. (B459) 7asti", )ealth mea"s to spe"d it, i" lar,e or small amou"ts, o" )hat Allah has prohibited, for e3ample, al+oholi+ be era,es, dru,s, ,old a"d sil er ute"sils, a"d the like, or to squa"der it o" thi",s )hi+h are of "o be"efit either to o"eself or others, si"+e the 'rophet (pea+e be o" him)

prohibited the squa"deri", of )ealth. (Reported by al-%ukhari.) ?i i", a)ay so mu+h i" +harity that o"e has "othi", left for the "e+essities of life also +o"stitutes )asti", of )ealth. #" e3plai"i", the ayah, ...The ask thee what the shoul" spen" (in charit ). &a (&pen") what is be on" our nee"s....(;4;9E) #mam al-Ra!i +omme"ts, Allah Ta'ala tau,ht people ho) to spe"d their )ealth. $e told $is 'rophet (pea+e be o" him), '?i e to the relati e his ri,ht, a"d to the "eedy a"d the )ayfarer, but do "ot squa"der (your )ealth) )a"to"ly2 truly, the squa"derers are brothers of the e il o"es.' (9B4;=) $e also says, 'Aet "ot thy ha"d be tied to thy "e+k (i" miserli"ess), "or e3te"d it to its utmost rea+h,' (9B4;E) a"d $e said, 'A"d those )ho, )he" they spe"d, are "either e3tra a,a"t "or miserly.' (;:4=B) The 'rophet (pea+e be o" him) said, '#f o"e of you has somethi", to spe"d, he should start )ith himself, the" )ith those )hom he supports, a"d so o". (Reported by Muslim.) $e also said, 'The best +harity is that )hi+h lea es you self-suffi+ie"t.' (Reported by al-Tabara"i o" ,ood authority.) .abir bi" 'Abdullah "arrated, '>"+e )he" )e )ere )ith the Messe",er of Allah (pea+e be o" him), a ma" +ame )ith a lump of ,old as lar,e as a" e,, a"d said, -> Messe",er of Allah, take it as +harity2 by Allah, this is all # possess.- The 'rophet (pea+e be o" him) tur"ed a)ay from him. The ma" +ame arou"d i" fro"t of the 'rophet (pea+e be o" him), )hereupo" the 'rophet (pea+e be o" him) said a",rily, -?i e it to me,- a"d taki", the pie+e of ,old from him thre) it to)ard him i" su+h a )ay that, had it hit him, it )ould ha e bee" pai"ful to him. $e the" said, ->"e of you bri",s me his )ealth )hile he possesses "othi", else, a"d the" he sits do)" a"d be,s from people. Charity is that )hi+h lea es you self-suffi+ie"t. Take this ba+k2 )e ha e "o "eed of it.' (Reported by Abu &aoud a"d al $akim) The 'rophet (pea+e be o" him) reported that he used to store food for his family suffi+ie"t for o"e year. (Reported by al-%ukhari.) Me" of )isdom ha e said,, 'The optimum +ourse is bet)ee" the t)o e3tremes. Spe"di", mu+h is squa"deri",, )hile spe"di", little is ,reed, a"d moderatio" is best.' This is the mea"i", of the )ords of Allah, 'Say4 (Spe"d) 7hat is beyo"d your "eeds,' (;4;9E) a"d moderatio" is the fou"datio" of the Shari'ah brou,ht by Muhammad (pea+e be o" him). The fou"datio" of the .e)ish la) is e3treme harsh"ess a"d that of Christia" la) e3treme la3ity, )hile the Shari'ah of Muhammad (pea+e be o" him) is i" the middle of all su+h matters. That is )hy it is the most perfe+t of all systems of la). (Tafsir by al-(akhr al-&ee" al-Ra!i, ol. =, p. :9, )ith some +o"de"satio".)

Social 'elationships The relatio"s amo", the members of the #slami+ so+iety are based o" t)o fu"dame"tal pri"+iples4 first, a)are"ess of the stro", bo"d of brotherhood )hi+h li"ks o"e i"di idual to a"other, a"d se+o"d, the prote+tio" of the ri,hts of the i"di idual a"d the sa"+tity of his life, ho"or, a"d property, as ,uara"teed by the Shari'ah of #slam. A"y )ords, deed, or beha ior )hi+h +o"tra e"e or threate" these t)o pri"+iples is prohibited by #slam, the de,ree of prohibitio" depe"di", o" the ma,"itude of material or moral i"1ury )hi+h mi,ht result from it. #" the follo)i", ayat )e fi"d some e3amples of those prohibited a+ts )hi+h are i"1urious to the brotherhood a"d sa"+tity of huma" bei",s. Allah Subha"ahu )a Ta'ala says4 =eril , the 4elie!ers are brothers. Then set matters right between our brothers an" be conscious of Allah in or"er that ou ma obtain merc . - ou who belie!e, let not some people mock at other people, for the ma be better than themsel!es, nor (let) women (mock) at women who ma be better than themsel!es. An" "o not slan"er oursel!es, nor re!ile b (offensi!e) nicknames; e!il is a name connoting wicke"ness after belie!ing; an" whoe!er "oes not turn awa (from "oing this), those are wrong"oers. - ou who belie!e, a!oi" (in"ulging in) much suspicion; trul , some suspicion is a sin. An" "o not sp or backbite one another; woul" an of ou like to eat the flesh of his "ea" brother) ;ou woul" abhor that. An" be conscious of Allah; in"ee", Allah is /elenting, 3erciful. (6E49@9;)

$ere Allah pro+laims that the %elie ers are i"deed brothers to o"e a"other u"ited throu,h the brotherhood of #slam i" additio" to their brotherhood i" huma"ity. This brotherly relatio"ship requires that they ,et to k"o) ea+h other a"d do "ot a oid ea+h other, that they establish ties a"d do "ot break them, that they lo e a"d do "ot hate, that they be si"+ere a"d "ot superfi+ial, a"d that they +ome to,ether a"d do "ot separate from o"e a"other. A"d the 'rophet (pea+e be o" him) says, .o not be en!ious of each other, nor backbite nor hate one another, but become brothers in the ser!ice of Allah. (Reported by al-%ukhari a"d others.)

Special Consideration for the People of the $ook 7hile #slam does "ot prohibit Muslims to be ki"d a"d ,e"erous to peoples of other reli,io"s, e e" if they are idolaters a"d polytheists, as for e3ample, the polytheists of Arabia, +o"+er"i", )hom the abo e erses )ere re ealed, it looks upo" the 'eople of the %ook, that is, .e)s a"d Christia"s, )ith spe+ial re,ard, )hether they reside i" a Muslim so+iety or outside it. The *ur'a" "e er addresses them )ithout sayi",, #- +eople of the 4ook# or #- ;ou who ha!e been gi!en the 4ook,# i"di+ati", that they )ere ori,i"ally people of a re ealed reli,io". (or this reaso" these e3ists a relatio"ship of mer+y a"d spiritual ki"ship bet)ee" them a"d the Muslims, all ha i", i" +ommo" the pri"+iples of the o"e true reli,io" se"t by Allah throu,h his prophets (pea+e be o" them all)4 $e has or"aine" for (the 3uslims) the same religion which $e enjoine" on ,oah, an" that which (e ha!e re!eale" to thee (3uhamma") an" that which (e enjoine" on Abraham, 3oses, an" 'esus% that ou shoul" establish the faith an" make no "i!ision in it.... (6;495) Muslims are required to belie e i" all the %ooks re ealed by Allah a"d i" all the prophets se"t by $im2 other)ise they are "ot %elie ers. &a % (e (3uslims) belie!e in Allah an" in what $e has re!eale" to us, an" in what $e re!eale" to Abraham an" Ishmael an" Isaac an" 'acob an" the tribes (of Israel), an" in what was gi!en to 3oses an" 'esus, an" in what was gi!en to (all) the prophets b their 0or". (e make no "istinction between an of them, an" to $im "o we submit. (;495=) Co"seque"tly, if the 'eople of the %ook read the *ur'a", they )ill fi"d i" it praise for their %ooks, messe",ers, a"d prophets. #f Muslims hold dis+ussio"s )ith the 'eople of the %ook, they should a oid su+h approa+hes as +ause bitter"ess or arouse hostility4 An" "o not "ispute with the +eople of the 4ook except b (the wa ) which is best, unless it be with such of them as transgress, an" sa , '(e belie!e in what has been sent "own to us an" sent "own to ou, an" our *o" an" our *o" is one, an" to $im "o we submit.' (;E46=) 7e ha e already see" ho) #slam permits eati", )ith the 'eople of the %ook, shari", the meat they slau,hter, a"d marryi", their )ome", marria,e bei", a relatio"ship of mutual lo e a"d mer+y. As Allah Ta'ala says4 ...The foo" of those who were gi!en the &cripture (before ou) is permitte" to ou an" our foo" is permitte" to them. An" (lawful to ou in marriage are) chaste women from among the 4elie!ers an" chaste women from among those who were gi!en the &cripture before ou.... (:4= (:)) This relates to the 'eople of the %ook i" ,e"eral. $o)e er, Christia"s i" parti+ular ha e bee" ,i e" spe+ial status by the *ur'a" a"d are +o"sidered mu+h +loser to the hearts of the %elie ers.

-on1Muslim 'esidents of an Islamic State

The abo e i"1u"+tio"s i"+lude all 'eople of the %ook )here er they may be. $o)e er, those people )ho li e u"der the prote+tio" of a" #slami+ ,o er"me"t e"1oy spe+ial pri ile,es. They are referred to as -the 'rote+ted 'eople- (ahl al-dhimmah or dhimmies), mea"i", that Allah, $is Messe",er (pea+e be o" him), a"d the +ommu"ity of Muslims ha e made a +o e"a"t )ith them that they may li e i" safety a"d se+urity u"der the #slami+ ,o er"me"t. #" moder" termi"olo,y, dhimmies are -+iti!e"s- of the #slami+ state. (rom the earliest period of #slam to the prese"t day, Muslims are i" u"a"imous a,reeme"t that they e"1oy the same ri,hts a"d +arry the same respo"sibilities as Muslims themsel es, )hile bei", free to pra+ti+e their o)" faiths. The 'rophet (pea+e be o" him) emphasi!ed the duties of Muslims to)ard dhimmies, threate"i", a"yo"e )ho iolates them )ith the )rath a"d pu"ishme"t of Allah. $e said, #$e who hurts a "himmi hurts me, an" he who hurts me anno s Allah.# (Reported by al-Tabara"i i" Al-a)sat o" ,ood
authority.)

(hoe!er hurts a "himmi, I am his a"!ersar , an" I shall be an a"!ersar to him on the .a of /esurrection. (Reported by al-0hatib o" ,ood authority.) -n the .a of /esurrection I shall "ispute with an one who oppresses a person from among the +eople of the 2o!enant, or infringes on his right, or puts a responsibilit on him which is be on" his strength, or takes something from him against his will. (Reported by
Abu &aoud.)

The su++essors of the 'rophet, the +aliphs, safe,uarded these ri,hts a"d sa"+tities of "o"Muslim +iti!e"s, a"d the 1urists of #slam, i" spite of the ariatio" of their opi"io"s re,ardi", ma"y other matters, are u"a"imous i" emphasi!i", these ri,hts a"d sa"+tities. Says the Maliki 1urist, Shaha al-&ee" al-*arafi4 The +o e"a"t of prote+tio" imposes upo" us +ertai" obli,atio"s to)ard the ahl al-dhimmah. They are our "ei,hbors, u"der our shelter a"d prote+tio" upo" the ,uara"tee of Allah, $is Messe",er (pea+e be o" him), a"d the reli,io" of #slam. 7hoe er iolates these obli,atio"s a,ai"st a"y o"e of them by so mu+h as a" abusi e )ord, by sla"deri", his reputatio", or by doi", him some i"1ury or assisti", i" it, has brea+hed the ,uara"tee of Allah, $is Messe",er (pea+e be o" him), a"d the reli,io" of #slam. ((rom the book,
Al-furuq, by al-*arafi.)

A"d the Dahiri 1urist, #b" $a!m, says4 #f o"e is a dhimmi, a"d the e"emy +omes )ith his for+e to take him, it is our obli,atio" to fi,ht the e"emy )ith soldiers a"d )eapo"s a"d to ,i e our li es for him, thus ho"ori", the ,uara"tee of Allah a"d $is Messe",er (pea+e be o" him). To ha"d him o er to the e"emy )ould mea" to disho"othis ,uara"tee. ((rom the book, Maratib al-i1ma', by #b" $a!m.)

Meaning of "riendship #ith -on1Muslims A questio" )hi+h troubles some people a"d )hi+h is sometimes dis+ussed ope"ly is the follo)i",4 $o) +a" )e sho) ki"d"ess, affe+tio", a"d ,ood treatme"t to "o"-Muslims si"+e Allah Ta'ala $imself prohibits Muslims to take "o"-belie ers as frie"ds, allies, a"d supporters i" su+h erses as the follo)i",4 - ou who belie!e, "o not take the 'ews an" 2hristians as frien"s; the are the frien"s (onl ) of each other. An" whoe!er among ou turns to them (for frien"ship) is certainl one of them; in"ee", Allah "oes not gui"e the people who "o wrong. ;et thou seest those in whose hearts is a "isease racing towar" them... (:4:6-::(:9:;)) The a"s)er to this is that these erses are "ot u"+o"ditio"al, to be applied to e ery .e), Christia", or "o"-Muslim. #"terpreti", them i" this ma""er +o"tradi+ts the i"1u"+tio"s of the *ur'a" )hi+h e"1oi" affe+tio" a"d ki"d"ess to the ,ood a"d pea+e-lo i", peoples of e ery reli,io", as )ell as the erses )hi+h permit marria,e to the )ome" of the 'eople of the %ook,

)ith all that Allah says +o"+er"i", marria,e#an" $e has put lo!e an" merc between ou# (5@4;9)a"d the erse +o"+er"i", the Christia"s4 ...An" thou wilt fin" those who sa , '&urel we are 2hristians.' to be nearest to them (the 3uslims) in affection.... (:4<: (<;)) (The terms
Christia" a"d Christia"ity do "ot appear i" the Christia" s+riptures "or +a" they be attributed to .esus (pbuh) himself. The follo)ers of .esus )ere k"o)" as /asara (helpers) a"d this is the )ord used i" the Arabi+ te3t of the *ur'a"2 the "ame -Christia")as ori,i"ally used by those )ho held the follo)ers i" +o"tempt.)

The erses +ited abo e )ere re ealed i" +o""e+tio" )ith those people )ho )ere hostile to #slam a"d made )ar upo" the Muslims. A++ordi",ly, it is "ot permissible for the Muslim to support or assist themthat is, to be their ally"or to e"trust them )ith se+rets at the e3pe"se of his o)" reli,io" a"d +ommu"ity. This poi"t is e3plai"ed i" other erses, i" )hi+h Allah Ta'ala says4 The will spare nothing to ruin ou; the earn for what makes ou suffer. $atre" has been expresse" b their mouths, but what their hearts conceal is still greater. Thus ha!e (e ma"e clear to ou the re!elations (or signs), if ou possess un"erstan"ing. Ah1 ;ou lo!e them, but the "o not lo!e ou....(5499<-99E) This ayah thro)s li,ht o" the +hara+ter of su+h people, )ho +o"+eal ,reat e"mity a"d hatred a,ai"st the Muslims i" their hearts a"d )hose to",ues e3press some of the effe+ts of su+h hostility. Allah Ta'ala also says, Thou wilt not fin" a people who belie!e in Allah an" the 0ast .a lo!ing those who oppose Allah an" $is 3essenger, e!en though the ma be their fathers or their sons or their brothers or their kin.... (:<4;;) >ppositio" to Allah is "ot simply belief but i"+ludes hostility to)ard #slam a"d Muslims. Allah also says, - ou who belie!e, "o not take 3 enem an" our enem as frien"s, offering them affection, e!en though the ha!e "isbelie!e" in what has come to ou of the truth, "ri!ing out the 3essenger an" oursel!es because ou belie!e in Allah, our 0or".... (=@49) This erse )as re ealed i" +o""e+tio" )ith the pa,a"s of Makkah, )ho de+lared )ar o" Allah a"d $is Messe",er (pea+e be o" him), dri i", the Muslims out of their homes simply be+ause they said, ->ur Aord is Allah.- 7ith this type of people, frie"dship a"d allia"+e +a""ot be permitted. Cet i" spite of this, the *ur'a" did "ot dismiss the hope that some day there mi,ht be a re+o"+iliatio"2 it did "ot de+lare utter disappoi"tme"t i" them but e"+oura,ed the Muslims to e"tertai" the hope of better +ir+umsta"+es a"d impro ed relatio"ships, for i" the same surah Allah says4 It ma be that Allah will bring about affection between ou an" those who are our enemies from among them. An" Allah is All<+owerful, an" Allah is 7orgi!ing, 3erciful. (=@4B) This *ur'a"i+ stateme"t ,i es the assura"+e that this bitter hostility a"d deep hatred )ill pass )ay, as it is also stated i" the hadith, #$ate our enem mil"l ; he ma become our frien" one "a .# (Reported by al-Tirmidhi . Al-%ayheqi reported it i" Shi'ab al-ima" from Abu $urairah. Al-Suyuti +alled it -,ood,tra"smitti", the first part as -Ao e your frie"d mildly2 he may be+ome your e"emy o"e day.-)

The prohibitio" a,ai"st befrie"di", the e"emies of #slam is e e" more emphati+ )he" they are stro",er tha" the Muslims, +rushi", hopes a"d ,e"erati", fear i" the mi"ds of people. #" su+h a situatio", o"ly hypo+rites a"d those i" )hose hearts there is a disease haste" to befrie"d them, ,i i", them help today i" order to be"efit from them tomorro). Allah Ta'ala des+ribes this situatio" as follo)s4 ;et thou seest those in whose hearts is a "isease racing towar" them (the enemies of Islam), sa ing, '(e are afrai" that a change of fortune ma befall us.' 4ut it ma be that Allah will gi!e (thee) the !ictor or some "ecision from $imself, an" then the will become regretful for what the thought secretl within themsel!es. (:4:: (:;) ) A"d a,ai", *i!e to the h pocrites the ti"ings that the will ha!e a grie!ous punishment. .o those who take the unbelie!ers as frien"s instea" of the 4elie!ers seek honor among them) 7or in"ee" all honor belongs to Allah alone. (6495<-95E)

Seeking Help "rom -on1Muslims There is "o harm do"e if Muslims, at either the pri ate or ,o er"me"tal le el, seek help from "o"-Muslims i" te+h"i+al matters )hi+h ha e "o +o""e+tio" )ith the reli,io" for e3ample, i" medi+i"e, i"dustry, or a,ri+ulture. At the same time it is of +ourse e3tremely desirable that Muslims be+ome self-suffi+ie"t i" all su+h fields. 7e see from the life of the 'rophet (pea+e be o" him) that he employed 'Abdullah bi" 'Fraiqit, a polytheist, to be his ,uide o" his fli,ht (hi1rah) from Makkah to Madi"ah. S+holars ha e +o"+luded from this that a perso"'s u"belief does "ot mea" that he is basi+ally u"trust)orthy, for )hat +ould be more risky tha" depe"di", o" a ,uide to sho) the route, parti+ularly i" fleei", from Makkah to Madi"ah8 ?oi", +o"siderably beyo"d this, s+holars say that it is permissible for the leader of the Muslims to seek help from "o"-Muslims, espe+ially the 'eople of the %ook, i" military matters, a"d to ,i e them a" equal share of spoils )ith the Muslims. Al-Duhri reported that the Messe",er of Allah (pea+e be o" him) sou,ht help from some of the .e)s i" a )ar a"d ,a e them a share of the spoils a"d that Saf)a" bi" Fmayyah fou,ht o" the side of the 'rophet (pea+e be o" him) )hile still a" idolater. (Reported by Sa'id i" his Su"a".) The +o"ditio" for seeki", help from a "o"-Muslim is that he be trusted by the Muslims2 other)ise, help may "ot be sou,ht from him. Si"+e it is prohibited to seek help from u"reliable Muslims, su+h as those )ho spread rumors a"d a"3ieties, this is the more true i" the +ase of "o"-belie ers. (A#-mu,h"i, ol. <, p. 69.) The Muslim is permitted to ,i e ,ifts to "o"-Muslims a"d to a++ept ,ifts from them. #t is suffi+ie"t here to me"tio" that the 'rophet (pea+e be o" him) a++epted ,ifts from "o"-Muslim ki",s. (Reported by Ahmad a"d al-Tirmidhi.) S+holars of ahadith state that there are ma"y ahadith )hi+h report that the 'rophet (pea+e be o" him) a++epted ,ifts from "o"-Muslims, a"d Fmm Salmah, a )ife of the 'rophet, "arrated that the 'rophet (pea+e be o" him) told her, #I ha!e sent al<,ajashi (The Christia" ruler of Abyssi"ia )ho se+retly embra+ed #slam. (Tra"s.)) a robe an" some silk.# (Reported by Ahmad a"d alTabara"i.)

#"deed, #slam respe+ts a huma" bei", o"ly be+ause he is huma"2 ho) mu+h the more the", if he is from the 'eople of the %ook a"d still more if he is a dhimmi8 >"+e a fu"eral pro+essio" passed by the 'rophet (pea+e be o" him) a"d he stood up. Thereupo" someo"e remarked, -> Messe",er of Allah, it is the fu"eral of a .e).- The 'rophet (pea+e be o" him) replied, #(as he not a soul)# (Reported by al-%ukhari.) Thus, truly, i" #slam e ery huma" bei", has a di,"ity a"d a pla+e.

The E(tension of Islam,s *ni.ersal Merc% to Animals The u"i ersal mer+y of #slam embra+es "ot o"ly huma" bei",s, )hether u"belie ers, 'eople of the %ook, orMuslims, but all other li i", +reaof Allah as )ell. A++ordi",ly, #slam prohibits +ruelty to a"imals. Thirtee" hu"dred years before a"y so+ieties for the pre e"tio" of +ruelty to a"imals )ere established, #slam had made ki"d"ess to a"imals a part of its faith a"d +ruelty to them a suffi+ie"t reaso" for a perso" to be thro)" i"to the (ire. The 'rophet (pea+e be o" him) related to his Compa"io"s the story of a ma" )ho fou"d a do, pa"ti", )ith thirst. The ma" )e"t do)" i"to a )ell, filled his shoes )ith )ater )hi+h he ,a e to the do,, a"d +o"ti"ued to do so u"til the do,'s thirst )as que"+hed. The 'rophet (pea+e be o" him) said, 'Then Allah was grateful to him an" forga!e him his sins.' The 2ompanions

aske", 'Is there a rewar" for us in relation to animals, - 3essenger of Allah)' $e replie" 'There is a rewar" in (relation to) e!er li!ing creature.' (Reported by al-%ukhari.) Side by side )ith this radia"t pi+ture of Allah's for,i e"ess a"d pleasure, the 'rophet (pea+e be o" him) dre) a"other pi+ture depi+ti", Allah's a",er a"d pu"ishme"t. $e said, A woman was sent to the 7ire because of a cat. &he imprisone" her an" neither fe" her nor set her free to fee" upon the ro"ents of the earth. (Reported by al-%ukhari.) Respe+t for Allah's li i", +reatures rea+hed su+h a" e3te"t that )he" the 'rophet (pea+e be o" him) sa) a do"key )ith a bra"ded fa+e, he de"ou"+ed su+h a pra+ti+e sayi",, #I woul" not bran" an animal except on the part of its bo" farthest from its face.# (Reported by Muslim.) #" a"other report, he passed by a do"key )ith a bra"ded fa+e a"d said, #$a!e ou not hear" that I ha!e curse" an one who bran"s an animal on its face or who hits it on its face)#
(Reported by Abu &aoud a"d al-Tirmidhi.)

7e ha e already me"tio"ed that )he" #b" 'Fmar sa) some people pra+ti+i", ar+hery usi", a he" as a tar,et, he said, #The +rophet (peace be on him) curse" an one who ma"e a li!ing thing into a target.# A"d #b" 'Abbas said, The 'rophet (pea+e be o" him) forbade that a"imals be made to fi,ht ea+h other, si"+e people )ould ,oad a"imals i"to fi,hti", ea+h other u"til o"e of them )as pe+ked or ,ored to death, or +lose to it. #b" 'Abbas also reported that the 'rophet (pea+e be o" him) stro",ly +o"dem"ed the +astratio" of a"imals. (Reported by al-%a!!ar o" sou"d authority.) The *ur'a" +o"dem"ed the Arabs of 1ahiliyyah for their slitti", the ears of +attle, +alli", this a pra+ti+e i"spired by Sata". (6499E) #" relatio" to the method of slau,hteri", a" a"imal, )e ha e already poi"ted out that #slam i"sists that the ma""er of slau,hter should be that )hi+h is least pai"ful to the i+tim a"d its requiri", that the k"ife be sharpe"ed but "ot i" fro"t of the a"imal. #slam also prohibits the slau,hteri", of o"e a"imal i" fro"t of a"other. /e er, prior to #slam, had the )orld )it"essed su+h +o"+er" for a"imals, a +o"+er" )hi+h )as beyo"d its ima,i"atio".

CONCLUDING REMAR@S
The purpose of "riting this boo did not e,tend beyond discussing "hat is halal and haram in actions and out"ard beha'ior1 As for the halal and haram in the actions of the mind and the mo'ements of the soul& it "as not our intention to deal "ith them in this 'olume e'en though such diseases of the soul as en'y and co'etousness pride and arrogance& hypocrisy and ostentation& greed and lust& are among the ma0or sins1 Islam declares unrelenting "ar on them& and the Prophet 9peace be on him< has "arned of their e'il conse/uences characteri5ing some of them as 6the diseases of earlier nations6 and calling them 6the ra5or6 "hich sha'es not hair but religion Anyone "ho studies the 4ur7an and the Sunnah of the Prophet 9peace be on him< no"s that soundness of heart and integrity of soul are considered as the basis of success& both for the indi'idual and for the society& in this "orld and in the Hereafter: )ndeed, Allah does not change the condition of a people until they change what is in themselves%%%% 91;:11< !he "ay on which (neither) wealth nor sons will be of no avail e$cept to the one who brings to Allah a sound heart% 9-C:BB3BE< Hence& the Prophet 9peace be on him< has said&
!he halal is clear and the haram is clear% <etween the two there are doubtful matters concerning which people do not &now whether they are halal or haram. 6ne who avoids them in

order to safeguard his religion and honor is safe, while if someone engages in a part of them he may be doing something haram! li&e one who graDes his animals near the hima (the grounds reserved for animals belonging to the &ing which are out of bounds for others* animals)7 it is thus Euite li&ely that some of his animals will stray into it% !ruly, every &ing has a hima! and the hima of Allah is what He has prohibited% 9Reported by al3Bu hari& Muslim& and others8 the narration is ta en from al3Tirmidhi1<

He then e,plained the 'alue of the heart& the source of the emotions& inclinations& and intentions "hich are the basis of all human beha'ior& saying& )n the body there is a piece of flesh such that if it is good the
whole

(or the heart is the chief organ of the body and rules it1 If the ruler is good& the sub0ects are good& but if the ruler becomes corrupt& the sub0ects become corrupt1 In the scale of Allah it is the heart and the intentions "hich ha'e "eight& not the face and the tongue:
Allah does not loo& at your physical features, but He loo&s "eeds are (udged by their intentions, and everyone will be (udged according to what he intended% at your hearts%

body

is

good,

while

if

it

is

corrupted

the

whole

body

is

corrupted,

and

that

is

the

heart%

#uch is the place of the actions of the heart and the affairs of the soul in Islam1 Ho"e'er& because they relate to the character of the indi'idual rather than to "hat is la"ful and "hat is prohibited& "e ha'e not dealt "ith them in this 'olume1 These inner aspects of Islam ha'e been discussed by other scholars and by Muslim #ufis in great depth and detail1 They ha'e referred to the moral and spiritual sins as 6diseases of the heart&6 ha'e diagnosed their causes& and ha'e prescribed remedies for them in the light of the Boo of Allah and the noble Sunnah of the Prophet 9peace be on him<1 Imam al3 )ha55ali has de'oted one3fourth of his encyclopedic "or about Islam& Ih$a .ulum al-deen+ to this topic& terming them 6fatal diseases&6 since they lead a person to degradation in this "orld and to the (ire in the Hereafter1 Another point to be noted is that "e ha'e dealt here only "ith sins of 6commission6 and not those of 6omission&6 although sins are of t"o inds: doing something "hich is forbidden and not doing something "hich is obligatory1 The second type of sin "as not the sub0ect matter of this boo & although "e ha'e touched upon it here and there in the course of discussion1 Had "e aimed at describing the sins of omission& "e "ould ha'e been discussing an entirely different sub0ect8 "e "ould then ha'e been describing all the obligations "hich Allah has laid upon the Muslim& for un/uestionably not doing them or neglecting them is haramA (or e,ample& see ing no"ledge is an obligation on e'ery Muslim man and "oman1 If the Muslim eeps himself in the dar ness of ignorance& he "ill commit sins through lac of no"ledge and conse/uently "ill not carry out his religious obligations such as salat+ Dakat+ fasting& and ha66+ "hich are pillars of Islam1 It is not permissible for the Muslim to abandon them "ithout a legitimate e,cuse since not to carry them out is a ma0or sin& "hile to do"ngrade their 'alue and ignore them is to abandon Islam1 To gi'e another e,ample& it is an obligation on the Muslim ummah to muster military po"er to the utmost e,tent of its capacity in order to defend itself and to eep the enemy of Allah and of Islam at bay1 This is a general obligation on the entire community of Islam and& in particular& on those "ho are at the helm of affairs accordingly& the neglect of such an important obligation is a ma0or sin and a great shame1 %e could go on multiplying e,amples& since the case of all the other obligations& "hether indi'idual or collecti'e& is similar1 %e do not claim to ha'e co'ered the "hole range of "hat is halal and "hat is haramA In these pages "e ha'e only highlighted the most important matters "hich are permissible or prohibited in the personal& family& and social life of the Muslim& especially those matters "hich people neglect or consider insignificant due to their ignorance of the reasons behind a prohibition or permission1 %e ha'e attempted to sho" the deep "isdom of the Islamic Shari.ah in its legislations concerning the halal and haram+ so that anyone "ho possesses t"o eyes can obser'e that Allah Ta7ala is not arbitrary in His commandments& neither permitting things in order to be indulgent to people nor

prohibiting them in order to ma e their li'es miserable1 Rather& He has legislated for them "hat is in their o"n best interest& safeguarding their li'es& intellect& property& morals and honor& and guiding them to"ard success in this "orld and in the Hereafter1 All man3made la"s are inherently defecti'e and incomplete& since the la"3ma ers& "hether they be indi'iduals& go'ernments& or legislatures& 1imit themsel'es to dealing "ith material considerations& neglecting the demands of religion and morality1 They are fore'er confined "ithin the narro" bounds of nationalism and the interests of a sector of man ind& paying little attention to the "orld at large and to the "ider concerns of humanity8 they legislate for the present& not no"ing "hat lies in their future& nor "hat the effects of their la"s "ill be1 ?'er and abo'e all this& legislators are human beings sub0ect to their o"n "ea nesses& desires& and pre0udices (+)ndeed, he (man) is un(ust, ignorant%+) 9;;::-< It is therefore not strange that man3made la"s are shortsighted& shallo"& biased to"ard the material interests of the society& and that they pro'ide only temporary remedies1 It should not be surprising if human legislation concerning "hat is legal or illegal is to a great e,tent influenced by public opinion& by lobbyists& and by "hat is popular or unpopular8 accordingly& things are often made legal e'en if it is no"n that they are e,tremely dangerous and e'il in their conse/uences1 ?ne e,ample of this may be sufficient1 The go'ernment of the .nited #tates legali5ed drin ing& repealing the earlier legislation "hich had banned it1 The repeal of prohibition "as enacted despite full no"ledge of the e'il and harm "hich the consumption of alcohol causes to indi'iduals& families& and society1 In contrast to this& the Shari.ah of Islam is free of all such defects1 Ho" can it be other"ise "hen it "as legislated by the All3Fno"ing Creator %ho is a"are of His creation& "hat is suitable for it& and of "hat it is capable> %%%Allah &nows the one who ma&es corruption from him who sets things right%%%%9-:--@< Should He not &now Who created (all things) And He is the Subtle, the Aware% 9C::1D< This is the legislation of the All3%ise )od1 He did not prohibit anything unnecessarily nor permit anything randomly1 His creation is mand His la"s are harmonious1 It isthe legislation of the All3Merciful !ord1 He desires ease for human beings and does not desire hardship for them1 Ho" can it be other"ise& "hen He is more compassionate to His ser'ants than the mothers "ho bore them> It is the legislation of the All3Po"erful Fing1 He is independent of His ser'ants and is not partial to one race or one generation& permitting to some "hat He prohibits to others1 Ho" could this be& "hen He is the !ord of all being> This is "hat the Muslim belie'es concerning "hat Allah has made halal or haram and "hat He has legislated in relation to other aspects1 He therefore accepts it "ith a con'inced mind& a contented heart& and "ith a strong determination to implement it1 Indeed& he belie'es that his happiness in this "orld and his success in the Hereafter depend entirely upon his obser'ing the limits set by Allah follo"ing His in0unctions& and obser'ing His prohibitions1 In order to secure his happiness and success in both "orlds& therefore& he must restrain himself from transgressing these limits1 In order to illustrate ho" obser'ant the first generation of Muslims "as "ith regard to the limits set by Allah and ho" hard they stro'e to implement His commands& "e cite t"o e,amples from their li'es1

The Fi"s# E:a%1 e

In our discussion concerning the prohibition of alcohol& "e mentioned ho" deeply the Arabs lo'ed drin ing "ine and ho" greatly they en0oyed drin ing parties1 Then Allah Ta7ala gradually turned them a"ay from drin ing until He re'ealed the decisi'e 'erse prohibiting it totally and fore'er& calling it +an abomination of Satan*s doing%+ 9A:E; 9E@< < Thereupon the Prophet 9peace be on him< forbade Muslims to drin alcohol& to sell it& or to gi'e it as a gift to non3Muslims1 %hen the Muslims heard about the prohibition of khamr+ they at once brought out their stoc s of "ine and poured them into the streets of Madinah as a declaration that they had abandoned drin ing1 +'en more remar able in e,pressing their total submission to "hat Allah had legislated "as the action of those "ho "ere engaged in drin ing "ine "hen the 'erse& +Will you not then desist + 9A:ED 9E1< < reached them1 %ithout hesitating for a moment they thre" "hate'er drin s "ere left in their glasses upon the ground& e,claiming& 6? !ord& "e ha'e desistedG6 %hen "e compare this manifest success in combating and eradicating alcohol from the Islamic society "ith the disastrous failure of the go'ernment of the .nited #tates 9A more detailed discussion of this comparison is gi'en in our boo & Al-.a-idah dururat li al-ha$at :The 'ole of Belief in )ife;+ under the heading of 6Belief and<& "hich decided one day to combat this e'il by means of la"s and force& "e cannot escape the ob'ious conclusion that human beings do not reform themsel'es e,cept by means of the Shari.ah of Allah& "hich relies on the faith and the consciences of the people before endea'oring to apply authority and force1

The Sec$(. E:a%1 e

This concerns the response of the first generation of Muslim "omen to Allah7s prohibiting "omen the display of their adornment and en0oining modesty and the co'ering of their .awrahA $uring the period of 6ahili$$ah "omen used to go about "ith their hair& nec and breasts unco'ered& displaying the ornaments they "ore such as earrings and nec laces1 Allah Ta7ala then prohibited Muslim "omen this "anton display of the period of Ignorance& commanding them to be different and distinguishable from the "omen of 6ahili$$ah by obser'ing modesty and by dra"ing their head3co'erings o'er their hair& nec and bosoms in order to conceal them1 The follo"ing are narrations from the Mother of the Belie'ers& 7Aishah 9may Allah be pleased "ith her<& concerning the manner in "hich the Muha6ir and Ansar "omen recei'ed the di'ine in0unction "hich re/uired a ma0or change in their life3styles& affecting their appearance& dress& and ornamentation1 #he said& 6May Allah sho"er His mercy on the early Muha6ir "omen1 %hen the 'erse& *!hat they should draw their head-coverings over their bosoms* 9-D:;1< "as re'ealed& they tore up their garments to co'er themsel'es16 9Reported by al3Bu hari1< ?nce "hen some "omen "ere in the company of 7Aishah& they mentioned the "omen of the 4uraish and their merits1 7Aishah remar ed& !he .uraish women were indeed good, but, by Allah, ) have seen no one
better than the women of the Ansar in applying the <oo& of Allah and believing in the revelation% When the ayah of 6urah al-7oor! *!hat they should draw their head-coverings over their bosoms,* was revealed, their men returned to their homes and recited it to their women% Bo sooner did the man recite it to his wife, his daughter, his sister, or any other female relative, then she tied any piece of cloth available to her, perhaps from a curtain having pictures on it

(on her head), so that when they came to pray behind the ,rophet (peace be on him), it loo&ed as if crows were sitting on their heads% 9Ibn Fathir mentions this in his discussion of this a$ah+ on the authority of Ibn Abi Hatim1<

This "as the response of the belie'ing "omen to "hat Allah had legislated for them1 They hastened to implement "hat He had commanded and to abandon "hat He had prohibited "ithout hesitating& stopping to thin about it& or "aiting1 They did not e'en delay a day or t"o so that they could get a suitable& soft piece of cloth and se" it to fit their heads and co'er their bosoms& rather& any cloth "hich "as a'ailable& "hether rough& brightly3colored& or ha'ing pictures on it& "as sufficiently soft and befitting1 If no other cloth "as found& they simply tore up the garments they "ere "earing and tied the strips to their heads& not caring about their appearance& "hich& as the Mother of the belie'ers has described it& resembled that of cro"s sitting on their heads1 The point "e "ish to stress here is that mere academic no"ledge of the halal and haram+ and of the limits of these is not sufficient1 Although the ma0or sins and principal obligations are no"n to e'ery Muslim& nonetheless "e find a great many of them indulging in these sins and neglecting those obligations& and rushing to"ard the (ire "ith their eyes "ide open1 If the Muslim is "ell3'ersed in the no"ledge of his religion and its Shari.ah+ and at the same time possesses a fully alert conscience "hich safeguards the limits so that they cannot be o'erstepped& he is indeed rich in all goodness1 The Prophet 9peace be on him< spo e the truth "hen he said& +When
Allah intends good for a person, He ma&es his own soul a watcher over him%+ 9AI3Ira/i said& 6Al3$ailami reported it in Musnad al-firdaus on good authority16<

%e end our boo "ith the follo"ing supplication "hich has come to us from the early Muslims: 6 Allah, ma&e us independent of !hy haram with !hy halal! of disobedience to !hee with obedience to !hee, and of any other than !hee with !hy bounty% All praise is for Allah #ubhanahu "a Ta7ala& %ho guided us to this8 had He not gi'en us guidance& "e "ould not ha'e been guided1