Understanding the concept of education in Islam Syed Muhammad Naquib al-Attas The meaning of education and of what it involves

is of utmost importance in the formulation of a system of education and its implementation. Supposing I am asked: What is education?, and I answer: Education is a process of instilling something into human beings. In this answer a process of instilling refers to the method and the system by which what is called education is gradually imparted; something refers to the content of what is instilled; and human beings refers to the recipient of both the process and the content.
Syed Muhammad Naquib al-Attas

Now the answer given above already encompasses the three fundamental elements that constitute education: the process, the content, the recipient; but it is not yet a definition because those elements are deliberately left vague. Furthermore, the way of formulating the sentence meant to be developed into a definition as given above gives the impression that what is emphasized is the process. Supposing I reformulate the answer: Education is something progressively instilled into man. Now here we still encompass the three fundamental elements inherent in education, but the order of precedence as to the important clement that constitutes education is now the content and not the process. Let us consider this last formulation and proceed in analyzing the inherent concepts. I shall begin with man, since the definition of man is already generally well known, and that is, that he is a rational animal. Since rationality defines man, we must at least have some idea as to what rational means, and we all agree that it refers to reason. However, in Western intellectual history, the concept of ratio has undergone much controversy, and has become - at least from the Muslim point of view - problematic, for it has gradually become separated from the intellect or intellectus; they conceived the 'aql as an organic unity of both the ratio and intellectus. Bearing this in mind, the Muslims defined man as al-haywan al-natiq, where the term natiq signifies rational. Man is possessed of an inner faculty that formulates meaning (dhu nutq) and this formulation of meaning, which involves judgement and discrimination and clarification, is what constitutes his rationality. The terms natiq and nutq are derived from a root that conveys the basic meaning of 'speech', in the sense of human speech, so that they both signify a certain power and capacity in man to articulate words in meaningful pattern. He is, as it were, a language animal, and the articulation of linguistic symbols into meaningful patterns is no other than the outward, visible and audible expression of the inner, unseen reality which we call aql. The term aql itself basically signifies a kind of binding or withholding, so that in this respect aql signifies an innate property that binds and withholds objects of knowledge by means of words.

Aql is synonymous with qalb in the same way as qalb, which is a spiritual organ of cognition called the heart, is synonymous with aql. The real nature of aql is that it is a spiritual substance by which the rational soul (al-nafs al-natiqah) recognizes and distinguishes truth from falsehood. It is clear from this, and many more references which we have not mentioned, that the reality underlying the definition of man is this spiritual substance, which is indicated by everyone when he says I. When we speak of education, therefore, it must pertain to this reality of man, and not simply to his body and his animal aspect. In defining man as a rational animal, where we mean by rational the capacity for understanding speech, and the power responsible for the formulation of meaningwhich involves judgment, discrimination, distinction and clarification, and which has to do with the articulation of words or expressions in meaningful patternthe meaning of meaning in our present context, and based on the concept of ma'na, is the recognition of the place of anything in a system. Such recognition occurs when the relation a thing has with other things in the system becomes clarified and understood. The relation describes a certain order. Meaning, conceived in the way I have formulated above, is a mental image in which a word or expression is applied to denote it. When that word or expression becomes an idea, or a notion, in the mind (aql with reference to nutq) it is called the understood (mafham). As an intelligible form that is formed in answer to the question what is it?, it is called essence (mahiyyah). Considered as something that exists outside the mind, that is, objectively, it is called reality (haqiqah). Seen as a specific reality distinguished from the others, it is called individuality or individual existence (huwiyyah). In this way and in the context of the present discussion we say that what constitutes meaning, or the definition of meaning, is recognition of the place of anything in a system which occurs when the relation a thing has with others in the system becomes clarified and understood. We say further that the relation describes a certain order. If every thing in any system were in the same place, then there could be no recognition, there could be no meaning, since there would be no relational criteria to judge, discriminate, distinguish and clarify. Indeed, there would be no system. For recognition to be possible, there must be specific difference, there must be essential relation and, moreover, these must remain, for if the difference and the relation were not abiding but were in a state of constant change specifically and essentially, then recognition of things would be impossible, and meaning would perish. In this brief outline is already revealed the intrinsic connection between meaning and knowledge. The second important element inherent in education is its content, which is here indicated as something. This is done deliberately because even though we all know that it must refer to knowledge, we have still to determine what we mean by it. The teaching and learning of skills alone, however scientific, and no matter if what is taught and learned is encompassed in the general concept knowledge, does not necessarily constitute education. The teaching and learning of the human, natural and applied sciences alone does not constitute education in the sense we are clarifying. There is a something in knowledge which if it is not inculcated will not make its teaching and learning and assimilation an

education. In fact the some thing that we allude to here is itself knowledge; indeed, it is knowledge of the purpose of seeking it. At this point we are compelled to ask: What, then, is knowledge? or: What does knowledge consist of? In the beginning, I referred to the fact that in accordance with Islamic tradition we understand definition as of two kinds: definition by hadd and definition by rasm. By the former is meant a precise or concise specification of the distinctive characteristic of a thing; and by the latter is meant a description of the nature of a thing. This distinction reveals that there are things which we can define specifically to its precise, distinctive characteristicsuch as in the case of the definition of manand there are things which we cannot so define, but can define only by describing its nature. Knowledge comes under this latter category. There are many definitions describing the nature of knowledge, but what is of relevance here is the epistemological definition, since it is important to understand what the Islamic epistemological context involves and implies. Perhaps its greatest implication lies in its effect upon our vision of reality and truth and our methodology of research; our intellectual scope and practical application in planning for what is called development, which all bear upon our understanding of education. Muslims are in concerted agreement that all knowledge comes from God, and we also know that the manner of its arrival, and the faculties and senses that receive and interpret it are distinctly not the same. Since all knowledge comes from God and is interpreted by the soul through its spiritual and physical faculties, it follows that the most suitable definition would be that knowledge, with reference to God as being its origin, is the arrival (husul) in the soul of the meaning of a thing or an object of knowledge; and that with reference to the soul as being its interpreter, knowledge is the arrival (wusul) of the soul at the meaning of a thing or an object of knowledge. We have said earlier that the world of nature, as depicted in the Glorious Qur'an is like a Great Open Book; and every detail therein, encompassing the farthest horizons and our very selves, is like a word in that Great Book that speaks to man about its Author. Now the word as it really is is a sign, a symbol; and to know it as it really is is to know what it stands for, what it symbolizes, what it means. To study the word as word, regarding it as if it had an independent reality of its own, is to miss the real point of studying it; for regarded as such it is no longer a sign or a symbol, as it is being made to point to itself, which is not what it really is. So in like manner is the study of nature, of any thing, any object of knowledge in Creation, pursued in order to attain knowledge of it; if the expression as it really is is taken to mean its alleged independent reality, essentially and existentially, as if it were something ultimate and subsistentthen such study is devoid of real purpose, and the pursuit of knowledge becomes a deviation from the truth, which necessarily puts into question the validity of such knowledge. For as it really is, a thing or an object of knowledge is other than what it is, and that other is what it means. So just as the study of words as words leads to deviation from the real truth underlying them, in the same way the preoccupation in philosophy with things as things leads to the erroneous, ordinary level of experience belief in the existence of their alleged essences outside the

mind, whereas in reality the so called essences are only mentally posited. A thing, like a word, is in reality ultimately a sign or a symbol that is apparent and is inseparable from another thing not equally apparent, in such wise that when the former is perceived the other, which cannot be perceived and which is of one predicament as the former, is known. What we have outlined is in fact a summary exposition of the Qur'anic concept of ayah as referring to words and things. That is why we have defined knowledge epistemologically as the arrival in the soul of the meaning of a thing, or the arrival of the soul at the meaning of a thing. The meaning of a thing means the right meaning of it; and what is considered to be the right meaning is in this context determined by the Islamic vision of reality and truth as projected by the Qur'anic conceptual system. We may now recall our earlier reference to the relevance obtained between tafsir and ta'wil as valid methods of approach to knowledge and scientific methodology respecting our study and interpretation of the world of nature, and its significance in our conception of knowledge and education. In the same way that tafsir and ta'wil apply to the Glorious Qur'an, involving its entire conceptual system, its reflected meanings in the Hadith and Sunnah and in the things of the empirical world; so is the Book of the world of nature to be interpreted by scientific methods emulating those of tafsir and ta'wil, treating the things of the empirical world as words, as signs and symbols operating in a network of conceptual relations that altogether describe an organic unity reflecting the Noble Qur'an itself. In this way also the Noble Qur'an is the final authority that confirms the truth in our rational and empirical investigations. What we are saying is that knowledge, as referring to meaning, consists of the recognition of the proper places of things in the order of creation, such that it leads to the recognition of the proper place of God in the order of being and existence. We said that there is a something in knowledge which if it is not inculcated will not make its teaching and learning and assimilation an education. We said further that this something is knowledge of the purpose of seeking it. Now when knowledge, which is here defined as recognition of the proper places of things in the order of creation, such that it leads to recognition of the proper place of God in the order of being and existence, is made the content of education, it still would not suffice to render the education an education in the sense we are clarifying - unless that something in knowledge is included in the definition of knowledge. For recognition alone of the proper places of things and of God does not necessarily imply concomitant action on the part of man to behave in accordance with the suitable requirements of what is recognized. True recognition must be followed by acknowledgement, otherwise the recognition is in vain. Acknowledgement, like recognition, pertains to man and consists in man making himself suitable to the requirements of the right or proper places of things or affairs. The requirements of the proper places of things and affairs entail action on the part of man, and this action is denoted by the term amal. From this it is now clear that the something in knowledge that we must have to realize education is acknowledgement of the proper places of things and of God that is recognized as existing in the order of creation and of being and existence. So now we are in a position to complete our definition of the content of education as: recognition and acknowledgement of the proper places of things in the order of creation, such that it leads to the recognition and acknowledgement of the proper place of God in the order of being and existence.

In our definition of knowledge, that is, of what knowledge consists and of the content of education, we notice that the concept of proper place pertains to two domains of application: on the one hand it refers to the ontological domain which includes man and the world of empirical things, and on the other to the theological domain which includes the religious and ethical aspects of human existence. Proper place means real and true place as denoted by the term haqq, for haqq signifies both reality and truth pertaining to the two domains. Haqq signifies a judgment or hukm conforming with reality or the real situation. This judgment involves statements or uttered words or propositions, religious beliefs, religions and schools of thought. The exact opposite of haqq is batil, meaning falsehood, something vain, futile. The term haqq, then, basically signifies a suitableness to the requirements of wisdom and justice. We understand by justice (adl) a harmonious condition of things being in their right or proper places. By wisdom (hikmah) we mean the knowledge given by God, by which the recipient is able to effect correct judgments as to the proper places of things. Thus when we speak of the truth of a matter as the suitableness of a fact or a reality to a judgment, we mean by that judgment that which is derived from wisdom. Truth or haqq is then a suitableness to the requirements of the proper places of things as recognized by true judgment. The notion of right or proper places involves necessity for things to be in that condition, to be deployed in a certain order, arranged according to various levels (maratib) and degrees (darajat). Ontologically, things are already so arranged, but man, out of ignorance of the just order pervading all creation, makes alterations and confuses the places of things such that injustice occurs. When the truth of the matter is revealed to man and recognized by him, it then becomes incumbent upon him to guide his conduct so as to conform with that truth. By his conformity with that truth, he is in effect putting himself in his proper place. Recognition of the truth in both domains, the ontological and the theological, necessitates in man a conduct that conforms with that truth. Thus haqq also signifies duty or obligation that binds in accordance with the requirements of reality and truth. When in Islam we speak of man as possessing right(s) in the sense of just claim or what he is entitled to, we mean by that his duty or obligation as described above. Thus acknowledgement as the fundamental element in true recognition in the Islamic concept of education means affirmation and confirmation or realization and actualization in ones self of what is recognized. This is denoted by the term tahqiq which is derived from the same root as haqq. Acknowledgement of what is recognized is what renders education an education; otherwise, recognition alone is but a learning (ta'allum). At this stage of our exposition of the concept of education in Islam, we have already brought to bear upon it many of the key concepts that form the basic vocabulary of the Islamic conceptual system. We have briefly explained the concepts of meaning (ma'na); knowledge ('ilm); justice (adl); wisdom (hikmah); action (amal); right or proper in respect of what is true and real (haqq); of reason (nutq); self (nafs); heart (qalb); mind and intellect (aql); hierarchical order in creation (maratib and darajat); words, signs and symbols (ayat); interpretation (tafsir and ta'wil). We have woven these concepts together in meaningful pattern, elucidating the concept of education peculiar to Islam, which we now define as: recognition and acknowledgement, progressively instilled into man, of the proper places of things in the order of creation, such that it leads to the recognition and acknowledgement of the proper place of God in the order of being and existence.

There is one other key concept which in reality is central to education and the educational process, because the others we have mentioned all focus their meanings in this context toward it alone, such that by itself it stands sufficient as the precise term to denote education. This is because the key concept alluded to identifies itself as the something in knowledge which is knowledge of the purpose of seeking it. This major key concept is couched in the term adab. Adab is the discipline of body, mind and soul; the discipline that assures the recognition and acknowledgement of ones proper place in relation to ones physical, intellectual and spiritual capacities and potentials; the recognition and acknowledgement of the reality that knowledge and being are ordered hierarchically according to their various levels (maratib) and degrees (darajat). Since adab refers to recognition and acknowledgement of the right and proper place, station, and condition in life, and to self-discipline in positive and willing participation in enacting ones role in accordance with that recognition and acknowledgement, its actualization in one and in society as a whole reflects the condition of justice (adl). Justice itself is a reflection of wisdom (hikmah), which we have already defined as that God-given knowledge which enables the recipient to discover the right and proper place for a thing or a being to be. The condition of being in the proper place is what we have called justice; and adab is the method of knowing by which we actualize the condition of being in the proper place. So adab, in the sense I am defining here, is also a reflection of wisdom; and with respect to society adab is the just order within it. Adab, concisely defined, is the spectacle of justice as it is reflected by wisdom. We said that adab identifies itself as knowledge of the purpose of seeking knowledge. The purpose of seeking knowledge in Islam is to inculcate goodness in man as man and individual self. The end of education in Islam is to produce a good man, and not - as in the case of Western civilization - to produce a good citizen. By good in the concept of good man is meant precisely the man of adab in the sense here explained as encompassing the spiritual and material life of man. For man, before he became manifested as man, has sealed an individual unto his self and affirmed Yea! (bala) to Gods Am I not your Lord? (alastu bi rabbikum: Qur'an, 7:172). This means that before he assumed physical form man has been equipped with the faculty of spiritual cognition (ma'rifah), and was able to recognize and acknowledge, by the fact of what he said in affirmation (qawl) through his intellectual power of speech (nutq), the reality and truth of his existential condition in relation to his Lord, that is, his Possessor, Creator Sustainer, Cherisher, Provider. Indeed, this Covenant, and what it implies, is the very essence of religion (al-din) as enacted in Islam, for all the principles of Islam ultimately revert to that spiritual, preexistent condition. So the men of spiritual discernment have referred to man in that spiritual condition as al-nafs al-natiqah - the rational soul. The other aspect of mans nature is what refers to his manifestation in physical form: al-nafs al-hayawaniyyah - the animal soul. Man then is a double associate; a single being possessing a dual nature with two souls (nafsaan) analogous to it; the one higher in relation to the other. It is the recognition and acknowledgement by the lower animal self of its proper place in relation to the higher rational self that constitutes for that lower self its adab.

Recognition means discovering the proper place in relation to what is recognized; and acknowledgement means concomitant action (amal) resulting from discovering the proper place in relation to what is recognized. Recognition alone without acknowledgement is mere arrogance; for it is the haqq of recognition to be acknowledged. Acknowledgement alone without recognition is mere ignorance; for it is the haqq of acknowledgement to actualize recognition. Either one by itself is batil, for in Islam there is no worthwhile knowledge without action accompanying it, nor worthwhile action without knowledge guiding it. The just man is he who effects such adab unto his self, resulting in his being a good man. The concept of adab as I have formulated here is construed from its meaning as understood in the early, Islamic sense, before its restriction to the context revolving around the concept of cultural refinement pertaining to letters and social etiquette, which was effected to a considerable extent by the innovations of the literary geniuses. In its original, basic sense, adab is the inviting to a banquet. The idea of a banquet implies that the host is a man of honour and prestige, and that many people are present; that the people who are present are those who, in the hosts estimation, are deserving of the honour of the invitation, and they are therefore people of refined qualities and upbringing who are expected to behave as befits their station in speech, conduct and etiquette. The islamization of this basic concept of adab as an invitation to a banquet, together with all the conceptual implications inherent in it, which even then already involved knowledge, is significantly and profoundly expressed in a hadith narrated by Ibn Mas'ud, where the Noble Qur'an itself is described as Gods invitation to a banquet on earth, in which we are exhorted to partake of it by means of acquiring real knowledge of it. The Discerning Qur'an is Gods invitation to a spiritual banquet, and the acquiring of real knowledge of it is the partaking of the fine food in it. In the same sense that the enjoyment of fine food in a banquet is greatly enhanced by noble and gracious company, and that the food be partaken of in accordance with the rules of refined conduct, behaviour and etiquette, so is knowledge to be extolled and enjoyed, and approached by means of conduct as befits its lofty nature. Thus the men of discernment speak of that knowledge as the food and life of the soul; it is that which makes the soul alive. The ta'wil interpreting the meaning of the living (al-hayy) as the knowing (al-alim) in the passage: He brings forth the living from the dead (Qur'an, 2:164), indeed refers to this knowledge as the food and life of the soul. Ultimately, real knowledge of it is the tasting of its flavour, the spiritual savouring (dhawq) that men of discernment speak of, which almost simultaneously unveils the reality and truth of the matter to the spiritual vision (kashf). In virtue of this, adab involves action to discipline the mind and soul; it is acquisition of the good qualities and attributes of mind and soul; it is to perform the correct as against the erroneous action, of right or proper as against wrong; it is the preserving from disgrace. Thus adab as the disciplinary action, the selective acquisition, the correct performance and the qualitative preservation, together with the knowledge that they involve, constitutes the actualization of the purpose of knowledge. When we say that the purpose of knowledge is to produce a good man, we do not mean that to produce a good society is not its purpose, for since society is composed of people, making every one or most of them good produces a good society. Education is the fabric of society. The emphasis on adab which includes amal in education

and the educational process is to ensure that 'ilm is being put to good use in society. For this reason the sages, men of discernment and the learned scholars among the Muslims of earlier times combined 'ilm with amal and adab, and conceived their harmonious combination as education. Education is in fact ta'dib for adab as here defined already involves both 'ilm and amal. In the hadith cited above, the conceptual connection between 'ilm and adab is already established. In yet another, more well known hadith, not only is the conceptual connection between the two concepts established in an even more direct way, but it is expressed in such a manner as to imply identity between adab and 'ilm. The hadith I refer to is one in which the Prophet, upon whom be peace, said: My Lord educated me, and so made my education most excellent.". The word I have translated as educated is addaba, which according to Ibn Manzur, is synonymous with 'allama, and which al-Zajjaj attributed to Gods manner of teaching His Prophet. The infinite noun of addaba: tabdib, which I have translated as education, signifies the same, and we have its conceptual counterpart in the term ta'lim. In our definition of meaning, we said that meaning is the recognition of the place of anything in a system. Since knowledge consists of the arrival - in both senses, of husul and wusul of meaning in and by the soul, we defined knowledge as the recognition of the proper places of things in the order of creation, such that it leads to the recognition of the proper place of God in the order of being and existence. In order to render knowledge an education we included the fundamental element acknowledgement in the recognition, and we defined this content of education as the recognition and acknowledgement of the proper places of things in the order of creation, such that it leads to the recognition and acknowledgement of the proper place of God in the order of being and existence. Then we defined education, including the educational process, as the recognition and acknowledgement, progressively instilled into man, of the proper places of things in the order of creation, such that it leads to the re cognition and acknowledgement of the proper place of God in the order of being and existence. Since meaning, knowledge and education pertain to man alone, and by extension to society, the recognition and acknowledgement of the proper places of things in the order of creation, must primarily apply to mans own recognition and acknowledgement of his proper place that is, his station and condition in life in relation to his self, his family, his people, his community, his society - and to his self-discipline in actualizing within his self the recognition by the acknowledgement. This means that he must know his place in the human order, which must be under stood as arranged hierarchically and legitimately into various degrees (darajat) of excellence based on the Qur'anic criteria of intelligence, knowledge, and virtue (ihsan), and must act concomitantly with the knowledge in a positive, commendable and praiseworthy manner. This self-recognition actualized in selfacknowledgement is the adab here defined. When we say that acknowledgement is the fundamental element in true recognition; and that acknowledgement of what is recognized is what renders education an education, we are referring primarily to proper places in the human order, and in the order of knowledge and

being. Adab is knowledge that preserves man from errors of judgment. Adab is recognition and acknowledgement of the reality that knowledge and being are ordered hierarchically according to their various grades and degrees of rank, and of ones proper place in relation to that reality and to ones physical, intellectual and spiritual capacities and potentials. In the light of the foregoing definitions and explanations, the words of the Prophet, when he said: My Lord educated me, and so made my education most excellent," may be paraphrased in the following way: My Lord made me to recognize and acknowledge, by what (i.e. adab) He progressively instilled into me, the proper places of things and the order of creation, such that it led to my recognition and acknowledgement of His proper place in the order of being and existence; and by virtue of this, He made my education most excellent."
[Excerpts from the author's keynote address delivered at the First World Conference on Muslim Education, Makkah, March 1977.Professor al-Attas is former Director of International Institute of Islamic Thought and Civilization (ISTAC) and a member of the International Advisory Board of the Muslim Education Foundation (MEF).]

Islamic system of Education

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Concept of Education in Islam How is differs from the concept of Education of Western Democracies and Socialist States. ***** Unless the central purpose in education is sought for and, when found, proclaimed and followed, it is not the education that the school will give but something else just technical proficiency in an empty soul. ***** Alhamdulillah! There is an urge in the Muslim countries for reorientating and re-vitalizing their education system so as to enable them to live with dignity and respect in this fast moving scientific world and to maintain their values and standards as presented by Islam. There can be no two opinions about the fact that our education must be based on Islamic principles, not because it is in keeping with the aspirations of the masses, but because we firmly believe that it is the most progressive, dynamic and healthy system of education. Which alone can meet all challenges of all times and lead humanity to the path of peace and security, knowledge and social consciousness and even to higher concepts which it may be too early to visualize. But before we analyse the concept of education in Islam let us briefly examine the basis of education of the two important blocks, of the world, i.e., soviet Russia, representing the socialist blocks, and the western democracies so that we might appreciate the merits of our system in a better perspective.

Basis of the soviet system of Education Professor Y.N. Medinskey, member of academy of Pedagogical Science of the R.S.F.S., says: The educational system of the U.S.S.R. differs fundamentally from all other system, including the system practised in old, pre-revolutionary Russia, and those current in capitalist countries. The difference inevitably arises from the very nature of the U.S.S.R. as a State of a new typethe Socialist State. The nature of the state determines the aim and task of Public Education. It was Stalin who said to H.G. wells Education is an instrument whose effect depends on one who wields it. In the programme of a communist party it has clearly been laid down that Education is an instrument of the communist regeneration of society. Communism has not merely been accepted and proclaimed as the ideal but has been worked up in all earnestness in the system of education. In the communist way of thinking, all means are justified for spreading communism as an ideology. This concept of education has produced in a short span of time a nation that is not only considered powerful but is so much dreaded that more than half the world's energy is being directed to prevent the communist ideology from taking roots in the:"free world". The knowledge of all that contributes to this ideal is considered essential in Russia and is systematically provided for in a planned way. Lenin's remark on the point is worth quoting. He said:"You can become a communist only when you enrich your mind with knowledge of all treasures created by mankind". Communist too talks of morals but in a different context. Morality in this ideology serves the purpose of helping men of common sense to rise to higher level and is a means of "getting rid of the exploitation of labour". This morality, in the words of Lenin; is known as "communist morality" which in his opinion, must be closely linked up with the mental training and educational system of public education. " Perhaps it would suffice to give some idea as to what extent the main goal is kept in view in the Soviet system of education and how around this central purpose all the training of body and mind rotates. It is interesting to note that even his wholly materialistic attitude of life could not help accepting certain moral principles, though these have been accepted only to the extent they contribute to their worldly aspiration.

BASIS OF WESTERN SYSTEM OF EDUCATION The system of education prevailing in the western countries has undergone considerable changes in the last fifty years. It still has Christianity both in faith and practice as its central idea. But all that was not provided in this concept of religion was included, unfortunately, some times against the very spirit of their religion, first, under the name on culture and then under the name of democracy. Christianity still remains the main source of inspiration but forms only a part of their concept of democracy. Perhaps this is what Rev. Spenser Leoson, a Rector and Headmaster of a public school, wants to plead in support of the traditional worship in the chapel of the school. He says: "The work may be well done or ill done, and the worship in the chapel may be carefully or

carelessly rendered, but the tradition is there and many prayers have been said and the opportunity wisely and lovingly used will, beyond all denial, open the heart to the religious influences, that will be found in the later life when tested by experience, to be built very deep in to the soul of men." Modern concepts of education have been well analyzed by Professor Carleton Washburn of Vroklyn College New York. He puts them under three headings: Self expression and Discipline Security and Learning Social consciousness and democracy A glance at these headings would show how a more comprehensive view of education than the traditional one has been presented. Here not merely the fullest possible development of the individual and his potentialities are taken into account, but those qualities of his nature that make him a useful member of the society are also taken into consideration. Much, undoubtedly, can be gained from the experience of western educationists, provided we are sure of the purpose for which we want to use their experience and knowledge. We must also know their terminology and what they precisely mean by such terms as discipline, selfexpression, attitude, understanding, democracy and humanism. We must know what is actually meant by these loud-sounding words when used in one context and how considerably they change in meaning when used in another context. Before dilating any further upon the point let us briefly see what is meant here by these three concepts. SELF-EXPRESSION AND DISCIPLINE Under this heading is explained the genesis of the growth of the child, who by nature has his own personal design of growth, his own pattern of development. A child is partly born with certain trends that are distinctly his own and partly his pattern and design is the result of his unconscious reaction of his environment during infancy. He is a distinct and unique personality. He seeks new ways of realizing his potentialities at every stage; and no doubt, he requires guidance. But that guidance must first gauge what he is at any given on psychological insight. It should, at first be impersonal. It recognizes the basic design of the child and guides him towards a more acceptable form of fulfilment. For the protection of other children or of adults in their right to their self-expression, it may set clear the limit on the expression of the child. It is by keeping these limits in mind the modern education tries to develop childrens interest and abilities and teach them self-expression and discipline. SECURITY AND LEARNING Writing under this heading Professor Washburn points out: The emotional needs of all human beings can be summed up under the terms, self-expression, security and social integration.For self-expression, discipline is essential and for security, learning is important. Security is established first of all in the home. Love, affection and family solidarity form the foundation of an early sense of security. Education can play a great part in imparting this sense of security. One cannot be at home in ones environment without having the means of communication and co-operation with ones fellows, without possessing some of the knowledge common to ones fellows.

Modern education not merely inputs the skill of reading and writing which is, of course, essential for physical security as well as for making the child at home in his environment, but it lays special emphasis on how this is to be taught and when it is to be taught. It has been well pointed out here that the childs security in school is the teacher and it should be the duty of the administration of any school and also government to help teachers as human beings to have the same inner security that we want them to give to their pupils. SOCIAL CONSCIOUSNESS AND DEMOCRACY This is the third point of the concept of education that has specially been emphasized by the professor. It deals with the third basic need- the integration of the individual with society, and the relation of the fulfilment of all these needs to democracy. He defines democracy in his papers as the kind of social organization in which each person is given the opportunity to develop his own potentialities both as an individual and as an organic part of the society. Education, therefore must provide for the development of each persons potentialities both as an individual and as an organic part of the society. It is, in the words of the professor, both the means of bringing about democracy and an inevitable result of democracy. He goes a step still further and says that: education can take place fully only within a democracy. A closer study of these modern concepts will show that, though they look comprehensive they are lacking in many important essentials that Islam would like to see in theory as well as in practice. A system of education based on Islamic principles fully endorses the principles of self-expression and discipline, security and learning and above all democratic way of life where society with greater enthusiasm and love and sincerity than is included in the modern concept of democracy. But it would like to use these words in a democracy, whereas the whole world would be governed by the best and the noblest persons selected from all parts of the world and presided over by the best and tine noblest of them all. ISLAMIC CONCEPT OF EDUCATION Let us know analyse the concept of education based on Islamic principles. This analysis will itself reveal what is lacking in other systems and where they stand in comparison with this consummate and most comprehensive system of education. This should be so as it is to provide for the most harmonious development of body, mind and soul in a way they an individual is not only able to achieve what is best in the present life but also what is most beneficial for his soul when it leaves the body. The concept of learning must provide security not only here but also in the hereafter. In self-expression it will not merely lay emphasis on knowledge for the soul. It will not rest content merely with perception but will also call for intuitiona higher form of intellect. It is more concerned with attitude and understanding then with mere teaching. It exalts people for their motives but also judges them by their actions. The modern science of education has seen some glimpses of the truth. We must adopt it as our own but we must also include in it that which is missing in the modern concept of education. SELF-DEVELOPMENT AND DISCIPLINE The Islamic way of life is not merely concerned with the present but also constantly keeps in view the future and everlasting existence for the soul in the life to come. It is as sure of the existence of the world hereafter as it is certain of the world in which we are presenting living. This long- range view of life necessarily implies through analysis of what is good for the

individual at all stages of his development. Islam does not merely provide complete guidance but also challenges the intellect, individual and collective, to refute these principles if it can. After clearly given this guidance, both in theory and practice, it makes it obligatory to achieve what is useful at every sage of mans life. He is to learn. He is called upon to struggle in order to mould his environment to suit the conditions of the development of his self, instead of moulding himself to suit the environmental conditions. It is the purpose of education to bring the realities of life in harmony with the ideal, of every stage, of development. It must not only provide for the necessary knowledge but also a know how, to impart it and when to impart it. It takes into account all healthy patterns of development and encourages the development of all the potentialities that contribute to his self-expression in the right direction. It must be clearly laid down that we have not only to understand the meaning of self-expression and discipline as practised in the traditional schools in Muslims countries, but, we have to apply the results of the scientific researches in education and relative fields to achieve the best results. The Islamic system does not merely accept a longer view of life, but it has a broader and higher view of life. While making full allowances for the proper development of body, mind and soul it gives a purpose to life that illuminates its whole being- as the central concept, the mainspring, and the main purpose of education. It is the Islamic concept of one God. This must be the goal and ideal of the individual and the society. The concept of Allah as the central purpose requires the individual to develop in him the godly qualities, to manifest them in his actions and, during his stay in the world not to get lost in temporal affairs. As a social order the concept of Tauheed means, in the words of Iqbal: equality, solidarity and freedom. Thus the concept of Allah provides a spiritual basis for educating the whole life of the individual and the society, an insight which is not something foreign to the world of matter, but it permeates through and through. This concept of Allah should be represented so beautifully and attractively to the child, so reasonably to the young and so alluringly and intelligently to the adults that they all realise it as their goal and work for it willingly and lovingly. Education is to provide guidance to the individual in terms of what he is, at a given time and then equip him to march forward with confidence.

You can play a role in improving employee engagement

By Kim Harrison,
Consultant, Author and Principal of www.cuttingedgepr.com One way to look at workplace success is to consider it in terms of employee engagement, which is defined as the extent to which workers identify with, are motivated by and are willing to make an extra effort for their employer. The Gallup Organization, famous for its Gallup Polls, uses the concept of employee engagement which they define as a combination of support, recognition, belonging and growth. Using the results of research among 200,000 employees in 8,000 business units in 21 industries around the world as a reference, Gallup came to the view that when organisations satisfy certain basic human needs in the workplace, they increase their organisational productivity and profitability. In most situations, the needs of the employees and the organisation can be met simultaneously. The research also found that employee engagement is a leading indicator of intention to stay in the job. Positive emotions are facilitated by actions within organisations that support clear outcome expectancies, give basic material support, and encourage individual contribution and fulfilment, a sense of belonging and a chance to progress and learn continuously. All of these elements together can be called employee engagement. 1 These elements are measured by the simple, but fundamental, 12 statements listed below, which comprise the Gallup Workplace Audit. Each statement taps into one of the elements: 1. I know what is expected of me at work. 2. I have the materials and equipment I need to do my work right. 3. At work, I have the opportunity to do what I do best every day. 4. In the last seven days, I have received recognition or praise for doing good work. 5. My supervisor or someone at work seems to care about me as a person. 6. There is someone at work who encourages my development. 7. At work, my opinions seem to count. 8. The mission/purpose of my company makes me feel my job is important. 9. My fellow employees are committed to doing quality work. 10. I have a best friend at work. 11. In the last six months, someone at work has talked to me about my progress. 12. In the past year, I have had opportunities at work to learn and grow. 2 Employees are asked about the extent to which they agree with each of the statements on a five-point scale, with an optional dont know/not applicable response to each one. Most of the statements are about issues that are influenced by a supervisor or manager, but as other people may also be relevant, there is only one direct reference to a supervisor or manager in the 12 statements. Although employee wellbeing is mainly an HR responsibility, the 12 elements are significant to public relations practitioners because good communication and effective workplace relationships are inherent in all the elements.

Even if you work in an organisation that hasnt subscribed to the Gallup system, you can use each of the statements as an unwritten guide for discussion with managers and supervisors (including your own boss) and possible follow-up action in association with HR staff. You can set in motion an initiative to improve the interpersonal communication of managers and supervisors because good communication is essential to a successful workplace. The results of the Gallup Workplace Audit were used to guide the ASB Bank of New Zealand to produce significantly better results. After a comparatively disappointing initial average score was recorded in 2001, the banks senior management realised that better care of staff would produce better results, and they acted to remedy problem areas revealed by the audit. Consequently in the period from 2001 to 2003, the bank increased its profit by 20% annually and increased its overall assets by one third. By making employee and customer engagement a priority, the bank dramatically improved its performance. 3
References 1. Harter, James K., Schmidt, Frank L., Keyes, Corey L.M. Well-being in the workplace and its relationship to business outcomes a review of the Gallup studies. Retrieved from http://gmj.gallup.com. 2. As above. 3. 3. Robison, Jennifer. ASB Bank: good isn t good enough. Retrieved from http://www.gmj.gallup.com.

About the Author

Kim Harrison is a recognized authority in the public relations field. His website, www.cuttingedgepr.com, provides a wealth of informative articles and resources on public relations techniques and management.

Best Answer - Chosen by Asker

Remember patients are not medical problems. Patients are people with medical problems. People have feelings and emotions, and deserve respect. Know the rules of the Medical Center so that you know how flexible you can be without breaking the rules. Observe the Golden Rule. Treat patients as you would want to be treated. Remember to communicate with patients. They often know issues about their medical conditions that you don't. Not everything shows on the charts. Sometimes patients have solutions that you may not have thought of. Communication is a two-way street. Listen, but also let patients know what you are doing, or will do, to them. A lot of patient dissatisfaction comes from not know what is going on, which often leads to fear, helplessness, and anger.

Good luck.

At some point in life, youre almost certainly going to have to write a reference letter for someone. It might be a former employee or student, or even a family friend. Heres what you need to know about the purpose of reference letters and how to write the most effective letter possible. Note: I will be using candidate to refer to the person who the reference letter is about, you to refer to the person writing the reference letter, and recipient to refer to the person receiving the letter. Ill emphasise here, though, that reference letters are not only for job or academic candidates, its just a handy term to use to keep this article straightforward!
What is a reference letter and when are they used?

A reference letter is usually written to testify to a person or (occasionally) a companys skills, character and/or achievements. Sometimes a reference letter is known as a recommendation letter. It is a formal document, and should be typed and written in a serious and business-like style. Reference letters are used in a wide variety of situations; there is no definitive list that covers all possible scenarios. The most common examples are:
y y y y y y

When a candidate applies for a job, they may need a reference to support their application. If an interviewee is given a job offer, they may need to supply a reference letter before the contract can be signed. A student applying for an academic course often requires a reference letter to support their application. A student applying for funding will often need to supply reference letters. Companies may use reference letters as testimonies to their trustworthiness and ability to carry out a job well. Prospective tenants may need to provide their landlord with a reference letter, testifying to their good financial status. (This could be from a prior landlord or from a current employer.)

Who should write a reference letter?

If you are approached and asked to write a reference letter for a job candidate, a student or a company, consider whether you can legitimately do so. A reference letter is a formal document, and it is crucial that you do not lie or fudge the truth in it, or there could be legal repercussions. If someone wants a reference letter from you:
y

The candidate should be someone you know reasonably well. For example, you cannot provide any authoritative comment on the academic ability of a student who s only been attending your lectures for a week. You should know the candidate in a capacity which gives you the ability to write a meaningful reference. For example, if you have worked with the person, it would be appropriate for you to write a reference letter to a prospective employer for them.

You should be able to provide an honest and positive reference. If you truly feel that the candidate has no good qualities for you to emphasis, or if you have had a personality clash with them in the past, you should tell them to seek a reference letter from someone else.

What goes into a reference letter?

The exact structure of a reference letter will differ slightly depending on the type of reference it is, but this is a good basic outline:
1. Start using the business letter format: put the recipient s name and address, if known, and address them as Dear [name] . If the recipient is currently unknown (this would be likely on an academic application, for instance), then use Dear Sir/Madam or To whom it may concern . 2. It is often helpful to introduce yourself in the first couple of lines of your letter. The recipient will not need your life history: just give a brief sentence or two explaining your position and your relationship to the candidate. 3. Your next paragraph should confirm any facts which you know the candidate will be supplying along with your letter. For example, if you are writing a reference for a job applicant, some or all of these details may be appropriate: o The person s job title, and role within the company. o The person s leaving salary when they were last employed by you (or your organisation). o The dates which the person was employed from and until.

If you are writing a reference letter for an academic course, you will need to confirm the persons academic grades.
4. In your third paragraph, you should provide your judgement upon the candidate s skills and qualities. It is often appropriate to state that you would gladly re-employ them, or that their contributions to your college class were highly valued. Single out any exceptional qualities that the candidate has perhaps their drive and enthusiasm, their attention to detail, or their ability to lead. 5. Where possible, use your fourth paragraph to give a couple of concrete examples of times when the candidate excelled. (You may want to ask the candidate to tell you about any extra-curricular projects they ve been involved in, or invite them to highlight anything they d particularly like you to include in the reference letter.) 6. Close your letter on a positive note, and if you are willing to receive further correspondence about the candidate s application, make this clear. Include your contact details too. 7. As with any business letter, you should end appropriately; Yours sincerely when you are writing to a named recipient, and Yours faithfully when you do not know who will be receiving the letter.

Things to avoid Make sure that you avoid:

y y y

Mentioning any weaknesses the candidate has. Saying anything that could be construed as libel. Writing in an informal manner: keep the letter business-like. Jokes, slang and casual language are not appropriate and may harm the candidate s chances.

Including personal information not relevant to the application. Mentioning the candidate s race, political stance, religion, nationality, marital status, age or health is usually inappropriate. Spelling mistakes, sloppy writing or typos: this letter is hugely important to the candidate, and you should take care to make it look professional.

Reference Letter Examples

There are a number of good templates for reference letters available on Business Balls. Ive included one below, which would be appropriate for a general-purpose reference if you were writing a reference in your capacity as the candidates former employer, you would need to include more specific details: Date To whom it may concern I confirm that I have known (name) for (number) years. (State relationship social, business, working together in some other capacity, club, activity, project, etc.) At all times I have found (name/him/her) to be (state characteristics eg, dependable, reliable, hard-working, conscientious, honest, peace-loving, courteous, etc to be as helpful as possible think about what the reader will most prefer to see, in terms of satisfying concerns, or seeing evidence of relevant required skills or characteristics). Im happy to provide further information if required. (optional) Yours faithfully, etc. You can find examples of full reference letters on About.coms job searching section. They list letters appropriate for a variety of different situations: heres one from a previous employer in support of a job candidate: To Whom it May Concern: I highly recommend Jane Doe as a candidate for employment. Jane was employed by Company Name as an Administrative Assistant from 2002 2005. Jane was responsible for office support including word processing, scheduling appointments and creating brochures, newsletters, and other office literature. Jane has excellent communication skills. In addition, she is extremely organized, reliable and computer literate. Jane can work independently and is able to follow through to ensure that the job gets done. She is flexible and willing to work on any project that is assigned to her. Jane was quick to volunteer to assist in other areas of company operations, as well. Jane would be a tremendous asset for your company and has my highest recommendation. If you have any further questions with regard to her background or qualifications, please do not hesitate to call me.

Sincerely, John Smith Title Company Address Phone Email If you are still unsure what best to include in the reference letter, imagine yourself in the position of the candidates prospective employer, or of the panel reading his/her academic application. What information would they need to know? What qualities would they like their candidates to have? Obviously, you should never lie or mislead in a reference letter, but you should try to focus on areas which will give the recipient the most useful information possible about the candidate.
The Principal Duties of Islam

C. THE FIVE PILLARS OF ISLAM. 1. The Kalimah - The Confession of Faith. As we have seen, Islam is divided into iman, the belief of a Muslim, and din, the practice of his religion. Just as there are six articles of faith, so there are five compulsory works, generally known as the "Five Pillars of Islam". Muhammad is alleged to have defined these pillars according to the following tradition:
Narrated Ibn Umar: Allah's Apostle said: Islam is based on (the following) five (principles): 1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's apostle. 2. To offer the (compulsory congregational) prayers dutifully and perfectly. 3. To pay Zakat (i.e. obligatory charity). 4. To perform Hajj (i.e. Pilgrimage to Mecca). 5. To observe fast during the month of Ramadan. (Sahih al-Bukhari, Vol. 1, p. 17).

It is somewhat surprising to find the first pillar among the works of Islam as it is really a testimony of faith, but the recital of this creed has become one of the deliberate acts of piety in Islam, indeed its foremost duty, and anyone wishing to become a Muslim need only recite the creed, known as the Kalimah (the "Word"), or the Shahadah (the "Testimony" of Faith), with an express intention to personally profess what he is reciting (this intention is known as the Muslim's niyyah) to be admitted to the faith.
The whole of the religion of Islam is briefly summed up in the two short sentences, La ilaha ill-Allah, i.e. there is no god but Allah, or, nothing deserves to be made an object of love and worship except Allah, and Muhammad-un Rasulullah, Muhammad is the Messenger of Allah.

It is simply by bearing witness to the truth of these two simple propositions that a man enters the fold of Islam. (Ali, The Religion of Islam, p. 110).

The actual testimony is a single creed - La ilaha illullah Muhammadur-Rasulullah - and whereas the whole confession does not appear in this exact form in the Qur'an, its two constituent parts appear in Surahs 9.31 and 33.40 respectively. It can truly be said that this brief declaration is the equivalent of the Apostle's Creed in Islam. It is written above the mihrab in many mosques or above their entrances, on letterheads, pendants and posters, and indeed can be found inscribed almost everywhere in the Muslim world. As one writer has aptly said, "On these two phrases hang all the laws and morals of Islam" (Zwemer, The Moslem Doctrine of God, p.15). As soon as a child is born into a Muslim family these words are whispered into his ears and every effort is made to get a dying Muslim to repeat the testimony. This is hardly surprising as Muhammad is said to have claimed that whoever actually professed this testimony would never be touched by the Fire of Hell, though he was apparently unwilling to publish this abroad lest his followers relied on it alone for their salvation. On a journey Muhammad conversed with his companion Mu'adh as follows:
He (the Holy Prophet) observed: If anyone testifies (sincerely from his heart) that there is no god but Allah, and that Muhammad is His bondsman and His messenger, Allah immured him from Hell. He (Mu'adh) said: Messenger of Allah, should I not then inform people of it, so that they may be of good cheer? He replied: Then they would trust in it alone. (Sahih Muslim, Vol. 1, p. 25).

Another tradition states that on the Judgment Day, even though ninety-nine scrolls listing a Muslim's sins should be produced, each scroll stretching as far as the eye can see, yet even a fragment the size of an ant bearing the Kalimah, recited during his lifetime, would outweigh the scrolls and guarantee his admission to Paradise (Jeffery, Islam: Muhammad and his Religion, p. 157) - justification by faith of a very different kind to that which Christians profess! Nevertheless all these traditions and practices show how prominent the Kalimah is in the exercise of the Muslim's faith. 2. Salaah - The Prescribed Ritual of Prayer. Five times a day a Muslim is bound to perform the Salaah, the fixed ritual of the Islamic prayer-worship. He should properly go to the nearest mosque to offer his prayers together with the whole congregation. Each of the five periods is preceded by the adhaan (or azaan as it is more commonly called). The muezzin (more correctly mu'adh-dhin) calls out on each occasion:
Allaabu Akbar (four times - "Allah is Most Great"). Ash'hadu an laa ilaaha illallaah (twice - "I bear witness that there is no god but Allah"). Ash'hadu anna Muhammadar-rasulullaah (twice - "I bear witness that Muhammad is the Messenger of Allah"). Haya 'alas-salaah (twice - "Come to prayer"). Ilaya 'alal falaah (twice - "Come to the good;').

Allaaku Akbar (twice - "Allah is Most Great"). Laa ilaaha illallaah (once - "There is no god but Allah").

After the call to the good during the Fajr prayer (just before dawn), the crier calls out twice: "Prayer is better than sleep". Then follows the actual performance of prayer itself in which anything between two or four rituals (each one known as a rak'ah - a "bowing") are performed. The worshipper begins with the qiyam, the standing posture. He raises his hands to his ears and then folds them, right over left, upon his breast. Following this is the ruku in which he bows down and places his hands on his knees, thereafter returning to the standing position. Then comes the sajdah, the prostration of the whole body on the ground. This is performed twice with a brief sitting in between. He then comes back to the sitting position, the qa'dah and passes the greeting as-salaamu alaykum wa rahmatullah - "peace on you and the mercy of Allah". It is known as the taslim and it is said that the worshipper is greeting his fellow Muslims (though some say he is greeting two angels who sit on his shoulders recording his good and bad deeds). In between these postures various expressions and passages of the Qur'an (especially the Suratul-Fatihah) are recited. These include the takbir ("Allah is Most Great"), the tahmid from the Fatihah ("Praise be to Allah"), the tahlil ( There is no god but Allah") and the tasbih ("May Allah be Glorified ). There are variations of these, for example subhaana rabbiyyal Adhiim - "Glorified be the Lord, the Most High . This fixed ritual of prayer is so rigid in Islam that there may be no departure from it and the pious Muslim will slavishly follow it day after day. It is far removed from the spirit of true Christian worship.
Prayer is reduced to a gymnastic exercise and a mechanical act; any one who has lived with Moslems needs no proof for this statement. (Zwemer, The Moslem Doctrine of God, p. 100).

Muslims say that the whole process is a necessary discipline to bring the remembrance of God constantly before the minds of those who otherwise would soon forget him. One such Muslim writer thus comments:
The truth is that the grand idea of holding communion with God or realizing the Divine within man, which is so essential to the moral elevation of man, could not have been kept alive unless there was an outward form to which all people should try to conform. In the first place, no idea can live unless there is an institution to keep it alive. Secondly, the masses in any community, even though it may be educated, can be awakened to the recognition of a truth only through some outward form, which reminds them of the underlying idea. (Ali, The Religion of Islam, p.299).

How different this is to Christian worship which stipulates no fixed form, purely because the believer, born of the Holy Spirit, has the constant witness of the Spirit of God within him to call to mind the presence of God. Many writers have seen fit to draw this distinction between the slavish ritual of the Islamic Salaah, where many non-Arabic-speaking Muslims perform their prayers not even understanding the meaning of what they are saying in Arabic, and the freedom of worship in Christianity which is in spirit and in truth. One writer says of the Salaah:
It will be seen that this ritual is, in reality, almost solely a service of praise. Indeed, to use the word prayer to describe it gives most English-speaking people a wrong impression. The

whole service does not contain a single petition, unless the phrase, "Guide us in the straight path", from the Fatiha be considered as such. (Glubb, The Life and Times of Muhammad, p. 134).

Another writer comments: "The dominant feeling connected with the five daily prayers is probably that of a prescribed religious duty being duly performed" (MacDonald, Aspects of Islam, p.345), and yet another says:
In the whole Qur'an and in all the Traditions I do not know of a single passage which teaches that prayer to be efficacious must be in spirit and in truth. (Tisdall, The Religion of the Crescent, p.80).

Before going into the mosque the worshipper must perform an ablution, known as wudhu (or, in certain circumstances, a washing of the whole body known as ghusl), the ritual of which is set out in the Qur'an:
When ye prepare for prayer, wash your faces, and your hands (and arms) to the elbows) rub your heads (with water), and (wash) your feet to the ankles. If ye are in a state of ceremonial impurity, bathe your whole body. Surah 5.7

Later in the same verse it is said that the worshipper may use sand or earth, a ritual known as tayammum, where water is not available. Once again the performance is purely an external act of ritual purity, an ablution which is solely a regulation for the body "which cannot perfect the conscience of the worshipper" (Hebrews 9.9). Christian writers have been constrained to comment negatively on this aspect of Islamic worship as well:
If, however, we carefully compare all the passages of the Qur'an which speak of purification and purity, it becomes evident to every unprejudiced reader that in none of them is there any reference to inward moral or spiritual purity of the heart, but that what is required in them is the outward, bodily cleansing by means of ablutions and washings. (Klein, The Religion of Islam, p. 132).

For by washing the body the impurity of the heart cannot be cleansed, and so it is evident that this corporeal purification was a type of the spiritual cleansing wrought by the Gospel ... Thus it will be evident to every man of spiritual discernment, that although one whose spirit is untainted by the impurities of the flesh may pay every attention to personal cleanliness, yet such cleanliness of the body has nothing to do with his salvation. (Pfander, The Mizan ul Haqq; or Balance of Truth, p. 6). On the other hand, in all fairness it must be pointed out that the Qur'an itself warns against the dangers of ritual exercises becoming an end in themselves. It says:
It is not righteousness that ye turn your faces towards East or West; but it is righteousness to believe in God and the Last Day, and the Angels, and the Book, and the Messengers. Surah 2.177

The great emphasis placed on the outward form in Islam however, not only tends to lull dull worshippers into a sense of complacency and reliance on the rituals themselves, but also

implies that the true knowledge of God and witness of the Holy Spirit is absent in Islam for, when these are present, there is no need for a strict outward form, a regulation to compel the devotion of men who otherwise would probably go astray. In addition to the five daily prayers there are the tahajjud prayers, a late-night ritual practiced by Muhammad but not commanded by him, as well as tarawih prayers after the last prayer, salautal-isha, during the month of Ramadan. Furthermore on Fridays the great congregational prayer dust after midday, the Juma prayer, replaces the midday prayer. In all of these the ritualistic performance of raka'at continues but, apart from these prescribed prayers, Muslims also have a more extemporaneous form of prayer, the dua. This takes the form either of set Arabic phrases or of personal devotions which may also be in Arabic or in the worshipper's language. 3. The Origins of the Five Daily Prayers. The growth of Islam as a religion of established rituals and practices did not stop at the death of Muhammad. On the contrary much development was still required before the rough edges could be smoothed out into the fixed, carefully defined system that we find today. Nowhere is this process more obvious than in the defining of the forms of prayer and their times of observance. The five-times-a-day Salaah is perhaps the fulcrum around which all else rotates in ritualistic Islam. The times are fajr, the morning prayer just before dawn; zuhr, the prayer just after midday; 'asr, the afternoon prayer; maghrib, the prayer just after sunset; and 'isha, the evening prayer. All Muslim jurists hold that the observance of these prayers is fardh, that is, compulsory. Nevertheless, while the forms of ablution are defined in the Qur'an, neither the five times of prayer nor the procedure of each rak'ah is prescribed in the book. The Qur'an does mention both the salaatal-fajr and salaatal-ishaa in Surah 24.58 by name but in this case it is improbable that these were actual titles of prescribed prayer - times. It is far more likely that the expressions simply mean the "morning prayer" and the "evening prayer" respectively. This interpretation is supported by the form of the only other prayer mentioned as such in the Qur'an, namely salaatal-wusta in Surah 2.238, which means simply the "middle prayer". Even though the Qur'an only mentions three times of prayer, Muslim writers endeavour to make the Qur'an prescribe the five fixed periods of prayer and resort to ingenious and none-too-successful methods to achieve their objective. The Qur'an does indeed urge believers to set up regular prayers at stated times (Surah 4.103), but it is quite loose in its treatment of the daily prayers. Apart from the three times it actually specifies it has a variety of exhortations regarding prayers, for example:
Celebrate (constantly) the praises of thy Lord, before the rising of the sun, and before its setting; Yea, celebrate them for part of the hours of the night, and at the sides of the day: that thou mayest have (spiritual) joy. Surah 20.130

And establish regular prayer at the two ends of the day and at the approaches of the night. Surah 11.114 It is hard to define the exhortations in these two passages, let alone make them fit the fivetimes-a-day ritual outlined above. Muslim commentators who seek to realise this end come up with a variety of interpretations. It is agreed that "before the rising of the sun" in Surah 20.130 refers to the morning prayer, but the exhortation to pray "before its setting" is

interpreted by Yusuf Ali and Muhammad Ali as the asr prayer, to which Daryabadi adds the zuhr prayer. "Part of the hours of the night" is extended by these commentators to specifically mean the maghrib and isha prayers, though Muhammad Ali adds the late-night tahajjud prayer as well. "At the sides of the day", a vague expression, is nevertheless specifically taken to mean the fajr and isha prayers by Daryabadi, zuhr by Yusuf Ali, while Muhammad Ali adds a voluntary dua to the zuhr prayer. These inconsistencies show how hard it is to read the five daily prayers into the somewhat loose Qur'anic terms found in these verses. Surah 11.114 is also interpreted in various ways by Muslim commentators. In his major work on Islam, however, Muhammad Ali openly states:
The Qur'an does not explicitly state that prayer should be said at such and such times, but it does give indications of the times of prayer. (Ali, The Religion of Islam, p.334).

Another writer is even more to the point and seems to have a far more balanced and objective approach to the Qur'an than those who would make it yield later developments:
The fact, however, that the prayers were fundamentally three is evidenced by the fact that the Prophet is reported to have combined these four prayers into two, even without there being any reason. It was in the post Prophetic period that the number of prayers was inexorably fixed without any alternative at five, and the fact of the fundamental three prayers was submerged under the rising tide of the Hadith which was put into circulation to support the idea that prayers were five. (Rahman, Islam, p. 36).

It is indeed only in the Hadith that we find the five times specifically fixed. It is said that when Muhammad came into the presence of Allah during the Mi'raj, he was commanded to pray fifty times a day. On relating this to Moses, the latter urged him to get it reduced by ten, which Allah duly allowed. The narrative continues (Muhammad speaking):
Again I passed by Moses and he said the same again; and so it went on until only five prayers for the whole day and night were left. Moses again gave me the same advice. I replied that I had been back to my Lord and asked him to reduce the number until I was ashamed, and would not do it again. (Ibn Ishaq, Sirat Rasulullah, p. 186).

God is then said to have stated that those who observed the five prayers would have the value of fifty counted to them. In another work of Hadith it is said that Gabriel specifically came to Muhammad one day and performed the fajr, zuhr, asr, maghrib and isha prayers with Muhammad and told him he was ordered to demonstrate them to him so that he would know when and how to perform the prescribed prayers (Sahih al-Bukhari, Vol. 1, p.297). We have already seen, however, that the whole story of the Mi'raj is a myth founded primarily on Zoroastrian sources and the possible genuineness of the five fixed times of prayer is hardly enhanced by the claim in the Hadith that their authority derives from this speculative tale. More than one author has suggested that the five periods themselves are of Zoroastrian origin:
In the Koran itself only three daily prayers are known, and it is no doubt due to influence from the Persian side that their number in the oldest Islam is increased to five. (Buhl, "The Character of Mohammed as a Prophet", The Muslim World, Vol. 1, p.356).

A reference to the Avesta will show that the Zoroastrians are instructed to observe prayer five times a day . . . . the day is divided into five periods, during which the gains, or prayers, which belong to each period should be recited. (Blair, The Sources of Islam, p. 127).
We may conclude that the definition of five daily prayers in Islam is a typical example of the way in which the religion of Muhammad, still growing towards maturity at the time of his death, was rounded off in later years.

4. Zakaah and Saum - Alms and Fasting. The Qur'an constantly enjoins on believers the duty of paying Zakaah, a prescribed almsgiving. The book often links the duty of charity with the observance of Salaah (e.g. Surah 9.5) and refers to it as an act of piety to purify the believer (the word comes from the same roots as zakiyya considered in the previous section) and as an act of gratitude to God.
There is no duty to which more frequent reference is made in the Qoran than that of almsgiving. In almost every Sura is this duty urged upon the believers; and in some Suras, indeed, the prophet returns again and again to this subject. (Roberts, The Social Laws of the Qoran, p.70).

The fixed tithe in Islam has been established as two-and-a-half per cent but, whereas the Old Testament tithe of ten per cent was calculated simply in terms of a man's income, zakaah is determined chiefly as a surcharge or a man's wealth and possessions. The other form of charity in Islam, of a less obligatory nature, is known as sadaqah, a voluntary offering indicating the sincerity of a man's disposition towards generosity (Surah 2.264). The word has the same roots as the title given to Abu Bakr, namely as-Siddiq - "the Trustworthy".
There are two important words in Arabic that have to do with almsgiving. The more common of these is zakat, from a root that means "to grow" or "to be pure"; it seems to imply that the giving of alms is a means of purifying one's soul - perhaps from the guilt that inevitably accompanies the accumulation of property. the other term is sadaqat, from a root that means "true" or "sincere"; the reference is to whatever is sanctified to God's service. (Fry and King, Islam: A Survey of the Muslim Faith, p.78).

Apart from the regular prescribed alms, there is also a special charity known as zakatal-fitr, being a donation made at the end of the fast month of Ramadan on the occasion of the festival Eid-ul-Fitr. This tithe is also known as sadaqatal-fitr as it is not necessarily an obligatory charity.
With regard to 'zakat al-fitr', alms to be distributed at the end of Ramadan, the Shafi'ites consider it as 'fard', a rigorous duty, the Hanifites as 'wajib', less strictly obligatory, and the Malikites as 'sunna', custom. (Lammens, Islam: Beliefs and Institutions, p.89).

Zakaah can be used for distribution to the poor, assistance towards those who have recently embraced Islam, the freeing of slaves, and fii sabiiIillaah - "in the Way of A1lah" (a common Qur'anic phrase).

Fasting is also prescribed as an obligatory duty of Islam and the Muslim is obliged to fast from sunrise to sunset during the thirty days of the month of Ramadan. The command to fast is found in the Qur'an:
Ramadhan is the (month) in which was sent down the Qur'an, as a guide to mankind, also clear (Signs) for guidance and judgment (between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting. But if any one is ill, or on a journey, the prescribed period (should be made up) by days later. Surah 2.185

The believer must declare his niyyah before dawn each day and must abstain from all foods, liquids and other pleasures during the day. He should partake of a proper breakfast, a sehri, before the morning prayer. At sunset he should also break his fast as soon as he can. The fastmonth ends with the sighting of the new moon heralding the month of Shawwal and the Eid festival.
Abd Allah b. Abbas reported that the Apostle of Allah (may peace be upon him), referring to Ramadan, declared: Do not begin to fast until you have seen the crescent and do not leave the fast until you see it, and if there are clouds, complete thirty days. (Muwatta Imam Malik, p. 116).

Throughout the Muslim world this fast, although commanded only once in the Qur'an, is rigidly observed, even by those who are otherwise lax in religious observances. In some Muslim lands it is a criminal offence to fail to keep it. In conclusion it may be said that Salaah and the Ramadan fast have a greater effect on the Muslim's religious consciousness than all the other prescribed duties of Islam.

Muhammad and The Religion of Islam: Table of Contents Answering Islam Home Page

Islam and fundamentalism. Impact on Human Rights of women

Salma Khan

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*CHAIRPERSON UN COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW)AND PRESIDENT, WOMEN FOR WOMEN, BANGLADESH Barcelona, April, 1998 The purpose of this paper is to demonstrate that religious fundamentalism has been a major challenge to give effect to intemational human rights instruments especially those relating to womens rights. Adthough the history of human rights reveal that underlying values of human rights are found in elements of the worlds system of religion and ethics; emergence of religious fundamentalist doctrines relating to all major religions explicitly entail curtailment of human rights of women and impose standards of subordination of women. In my paper I have tried to reflect upon fumdamentalism in Islam and its impact on human rights of women in the context of the UN Convention on the e1imination of all forms of Discfimination Against Women. I have tried to deal with the practical aspects of the issue rather than juridical or ideotogical interpretations of Islamic laws among both the Sunni and Shiite sects of Muslims. According to Encyclopedia Britannica the term "fundamentalism" was first used to designate what is more generally called a conservative type of Christian thought, as opposed to the liberal or modernist tendences which became influential in the latter part of the 19th cenrury and more so in the first part of the 2oth and as the name of a specific conservative movement (The Five Point of Fundamentalism) with its own organizations anda agencies devoted to the propagation of a definite doctrinal programme which, it was claimed constitute the indispensable elements of the true Christian faith (1). According to classical orthodoxy, fundamentalism is considered merely as a reaction against the liberalizing tendencies of modern thought its purpose was to preserve unchanged the presuppositions and convictions of religion. Humans rights, on the other hand articulates fundamental principles of justice to all person without distinction of the legal order which was established by the Charter of the United Nations containing international guarantee of human rights having underlying premises that all human beings are born free and equal in dignity and rights. The Charter of the United Nations, signed in 1945, reaffirms not only "faith in fundamental human rights" and "the dignity and worth of human person" but also "the equal rights of men and Women". The Charters provisions on womens equality offered a clear and compelling basis for the assertion of international law to advance the status of women. The International Bill of Rights (refer collectively to the Universal Declaration of Human Rights The International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and its two Optional Protocols) strengthens and extends this emphasis on the equal rights of women. International system of human rights and fundamentalism in Islam All major five religions Buddhism, Christianity, Hinduism, Judaism and Islam have traditionally required different roles for men and women and entailed womens religious duty of submission and obedience to men. With the rise of fundamentalists as oppose to liberal or modernist tendencies legal structures of all religions regarded womens sexuality as potentially evil and destructive of men(2) which has been manifested more explicitly in Islam compared to other religions since Islam is a total way of live and admits no division between religion and state. All its institutions are, in that sense, religious in nature and the state itself is considered a religious institution having as its constitution and law the "Sharia" i.e. the religious moral values of Islam. Since the 18th century , there has been a general upsurge of reform in the entire Islamic world the forerunner of which was the Wahhabi movement in Arabia. The major characteristic .of that movement was emphasis on the social content of Islam rather than on the purely spiritual side of the doctrines (3). But these reforms although were important to enunciate the principles of a reinterpretation of Islam in the light of new situations especially relating to social institutions of family and slavery, the liberal modernists failed to deal with issues relating to womens rights in the family and society.

With the rise of con temporary religious fundamentalism there was a trend in all fundamentalist movement to introduce state laws that reflect religious laws. The most important and fundamental religious concept of Islam being the Sharia which includes both doctrine or belief and practice or the law based on explicit or implicit command of God, little reform was introduced in Sharia,. However, Sharia laws were not followed strictly in many Islamic countries because of the presence of foreign colonial powers in the past who were motivated to intervene in Muslim legislation to protect their own economic interest. Consequently, changes were introduced only in the laws relating to the public sphere of life. As a result of which women benefited little from such reforms. Furthermore, womens equality of liberty have not been adequately analyzed either in medieval Islam or by modern scholarship. This was one of the advantage of Muslim fundamentalists to vigorously promote and enforce gender roles for women in Islam entailing disempowerment and inequality of women under the justification that their rights and duties under the religious law are different from that of men (5) and therefore, Muslim fundamentalists support traditional notions of morality with emphasis on separate gender roles. As fundamentalist laws systematically treat women differently both in personal as well as in public sphere, it clearly conflicts with international human rights instruments based on equality of sexes in all spheres of live. The Charter of the United Nations is based on the reaffirmation of faith in fundamental human rights and equality of men and women and thus the members of the United Nations are bound by the minimum standards set by the Charter. The provisions of the Charter shed considerable light on the scope of the promotion and protection of womens right which also appears in the preamble and makes reference to religions only to assert that equal rights among human must be ensured "without distinction as to race, sex language or religion:(6). Fundamentalism in Islam its effects on human rights of women. Contrary to the provisions of the United Nations Charter and the special instruments having legally binding nature (treaties) states are found violating the provisions of both by asserting religious fundamentalist doctrine which disc mates against women (7) by entering general reservation to provisions in international human right treaties upholding human rights of women. In my article, I would particularly refer to the Convention on the Elimination of all forms of Discriminations against Women (CEDAW) in this connection which is considered as the International Bill of Rights for Women. Although 54 countries belong to the group know as OIC (Organization of Islamic Countries) which functions as the apex body of trade, commerce and technical Cooperation among Muslim countries, Islam is practiced as a major religion only in Arab and Middle Eastern countries, Pakistan, Afghanistan, Indonesia, Bangladesh, Malaysia, Maldives in South Asia and Turkey. Few countries in central Asia also have a Muslim majority population - however being under communism for may years, secular laws are practiced in those countries. Convention on the Elimination of All Forms of Discrimination is the international instrument providing the ethical and legal basis for protection, and promotion of human rights of women under United Nations framework has so for been ratified by 161 countries. Out of these, except few Arab countries, most of the Muslim majority countries have ratified the Convention(8). Afghanistan has only signed the Convention. Article 28 of the Convention permits State Parties to make a reservation. The Vienna Convention on the Law of Treaties 1969, defines a reservation as a "unilateral statement, however phrased or named, made by a state, when signing, ratifying a treaty whereby it purports to exclude or to modify the legal effects of certain provisions of the treaty in their application to that state" (9). One of the major obstacles in the way of actualising the human rights of women faced by the Committee on the Elimination of Discrimination against Women (CEDAW Committee) is the reservation on the Convention which are incompatible with file object and purpose of the Convention. CEDAW Convention has been subjected to more reservation than any other major international treaty over 50 countries have made reservations to some substantive articles of the Convention including most Muslim countries (except Indonesia and Yemen) which have ratified the Convention. Such

substantive reservations have the potential to limit significantly the obligations undertaken by the reserving state in protection and promotion of womens rights as prescribed under the Convention. It is noted that reservations made by the Islamic countries have followed a general pattern. In spite of the fact that in none of those countries Islamic Sharia law is followed as a general framework of the legal system, the reasons for entering reservation to specific provisions of the article/articles/ are those being "contradictory to the principles of Islamic Sahria law" although these have been phrased differently. "The terms of the reservations often do not explain their legal and practical scope. This is rendered more complicated by differing views among Islamic scholars as to the precise requeriments of the Sharia and whether the Sharia may be subject to evolving interpretation and practice"(10) In this connection it must be made clear that all reservations made by Islamic countries are not framed directly in terms of Islamic laws -In many cases traditional domestic laws are also being protected though reservations. Important areas in which Muslim women are faced with severe discrimination fall both within public and private sphere of their life. To strengthen womens religious duty of submission and obedience to men, the Muslim fundamentalists support the traditional gender segregated spheres of women requiring confinement at home caring for family which severely affect her economic independence and role In public decision making. Article 7 and 8 of the Convention which address discrimination in political and public life are violated when women are required to be confined at home. This further allows men to maintain control over womens sexuality and demand obedience. Article 9 of the Convention which addresses the rights of women and their children in relation to nationally becomes ineffective when women have no authority to make decisions in the Public sphere. Unequal nationality rights also "creates significant practical disadvantages for them where residence and immigration status are concerned"(11). Article 10 obligates states to eliminate discrimination in education and article 11 recognizes the right to work as a human right. Muslim fundamentalist subscribe to modes doctrine where segregation of women from men and use of hejab not only create a barrier between sexes, but also disallow women to pursue lit education and economic independence by restricting her mobility -thus reinforcing male superiority and control over women. In private sphere Muslim women are discriminated in all maters relating to marriage, divorce guardianship and child custody and inheritance and ownership of property. An important area of discrimination against women is equal inheritance rights. On the one hand, Muslim personal laws protect the in heritance rights of women as daughter, mother and wife, on the other hand it prevents inheritance of equal share with their male counterparts. Muslim jurists explain the reason for this difference of share in terms that a woman inherits in various capacity in family relationship and also dower from her husband and she has no responsibility to maintain anybody (12). This is obviously a very weak argument since men also inherit from as many sources. and in many cases women have to partly or fully bear responsibilities for their children and family. Reservations entered by Muslim countries on Article 16 (or part of it) which deals with these rights are considered as a serious violation of human rights of women. A further threat to the unequal marital status is polygamy and losing her right to protection due to disobedience to husband(3). To avoid the numerous resposilities presumed under the above articles parallel reservations on article 2 was established ,which delineates policies to be followed by the state parties to protect womens fights both in public and private sphere by introducing legislative changes and supportive framework. Some glaring violation of human rights of women also occurs in the prescribed gender framework for societal institutions and set code for chaste and moral behaviour for women which are different than those expected of men. The fundamentalist groups affirming its ideology of men being superior to women place great emphasis on control of women through requirement of strict obedience total submission and forbidding women to succumb to their sexual impulses. An unique example of disobedience of prescribed sexual rules or prohibitions for women is manifested in "Crimes of Honour" (14) still practiced in some Muslim countries which involves killing of a woman by her father, brother or husband for engaging in sexual practices outside marriage. It is indeed a matter of great concern that nearly two century old instances of social violence is codified to contain it as state violence.

Another extreme example of Muslim fundamentalist doctrine of recent time that challenges international legal system by stripping off women of all their fundamental rights as human beings is being manifested in the Taliban policy in Afghanistan since the end of Najibulah regime in 1992. This problem have been exacerbated by specific and publicly articulated policies designed to remove women flora participating in nearly all aspects of public life relating to their livelihood and survival. The over al situation have been compounded by conflicting interpretations of Islamic tradition and local culture. Women are forced to wear full veil, prohibited to go to work place and attend educational institutions. Taliban prohibition on female access to heath, working in agriculture or livestock production have also seriously affected the food security of the country and the status of children in particular(15). Furthermore, women are harassed, mistreated and imprisoned by the authorities for slightest non-adherence to such edicts. By asserting religious fundamentalist doctrine, the Talibans are profoundly violating all most all basic rights under the 16 substantive articles of the CEDAW Convention the states are obligated to fulfil. It is apparent that seclusion, veiling and lack of control over own sexuality and above al lack of economic independence resulting from enforcement of relies, traditional and various cultural practices on women which are distinctly different from those followed by the international community and contrary to the United Nations Charter abrogate their fundamental rights. Are fundamentalist views truly Islamic? "Believers, men and women, are mutual friends. They enjoin what is just and forbid what is evil" says the Koran (12:7 ). Islam gave women rights in an age when no country or. no system gave women any fights. Since the Koran. paces great emphasis on human dignity and freedom, it is inconceivable that it would advocat any form of discrimination based on gender. In fact because of its protective attitudes toward all the downtrodden, the Koran appears to be weighted in may ways n favour of women. (16) A women under Islamic law is vested with rights including a share in inheritance and rights to divorce and alimony. Polygamy came as a consequence of tribal war leaving women without support was allowed on conditions attached to it. As a matter of fact, Koranic stance on polygamy is that it is objectionable on ethical grounds but tolerated due to particular circumstances. (but if you fear you will not be equitable, then marry only one: (4:3) Koran). The egalitarian message of Islam and its insistence on the spiritual equality of men and women however, was eroded as Muslim societies suffered moral and material declines. Abuses and discrimination against women got way in Islam. The concept of patriarchal tradition with its accent on male domination resulting in the rise of fundamentalism is explicitly reflected in the reservations entered by Muslim countries o the above articles. Their stance in this regard that the Sharia law is in conflict with particular provisions of the Convention. This divergent view point was based on the Koranic interpretation of consensus (17). They fail to agree on the point that there are certain universal aspect of Islam and the Sharia was not the whole of Islam but interpretation of its fundamental sources as understood a specific context. For example, the traditional Muslim scholars have ignored the Koranic stance on the ethical shortfalls of multiple marriage considering only the verse permitting polygamy as legally valid. The other verse implying that multiple marriage is immoral due to the impossibility of equitable treatment was assumed to have no legal force (18): If you fear that you will not be able to deal justly with orphans, marry women of your choice, two, three, or four , (4:3), and it is explicit here at polygamy is not a right, but a responsibility to ensure that justice being don to orphans. Sisters in Islam, a group of Muslim women in Malaysia studying and researching the status of women in Islam holds the view that Islam was a liberating religion that uplifted the status of women and gave them rights without difference and both must participate as equal partners in all aspects life as in the Koran there is no. difference in the value given to the creation of women and men (5:49). The Sisters in Islam further argue that the major problem is the isolation of Koranic verse from its context and turning it into universal rule or moral injunction. It is essential to understand that a passage or verse from the Koran can not be taken out of a context or in isolation because the Koran is highly integrated and cohesive text.(19)

It may be concluded that the role a[td status of women. m Islam have thus been defined in a particular setting. Most importantly, Islamic interpretations with respect to male behaviour and way of life have allowed to take into account t contemporary realities but interpretations to laws that concern women even though have limited relevance to day have remained unchanged. Men who resist to invoke new edicts to accommodate contemporary situation keeping the essence of Islam intact ignore the fact that Islamsessential message has little to do with gender difference as it is based on the fundamental principle of democratic value. Concluding remarks Under the Charter of Universal Declaration of Human Rights, gender equality has been proclaimed as a fundamental human right. As the Charters words are not self enforcing, states are responsible to devise national policies aimed at realization of human rights especially when states have ratified legally binding instruments (treaties) like the Convention on the Elimination of All Forms of Discriminations Against Women (CEDAW). State is accountable to implement the provisions other treaty by accepting those as the ground rules for the formulation and conduct of domestic policies. On the other hand, the stare can not contravene the Charter by enacting of enforcing discriminatory laws directly or through religious courts nor can allow any other private actors or groups to impose such laws or customary norms in violation of the Human Rights Charter. Further, a state can not evade its pledged responsibilities by entering reservations to provisions of human right treaties upholding womens rights. Therefore, when a state defends its stance of maintaining gender discriminatory laws and practices by asserting religious fundamental doctrine and contends that as a basis for entering reservations on substantive articles of CEDAW, that is a clear violation of the charter (20). The Committee on the Elimination of All forms of Discrimination against Women have expressed its concern tot non compliance of the two-fold responsibilities of the states. Similarly, the General Assembly, regarding the question of reservation have adapted its resolution emphasizing the important of state compliance with their obligation under the convention (21) which also involves initiating affirmative actions on the part of the states to promote and observe human rights of women. It is observed by the Committee that most Muslim countries have entered reservation to articles of CEDAW "as they conflict with Islamic Sharia Law although they have written constitutions which contain clauses on non discrimination and gender equality. Constitution is the solemn expression of the will of people which further stipulates that as the constitution is usually the supreme law of the land, any other law which is inconsistent with that, shall be automatically void (e.g Bangladesh). Most Muslim countries (Bangladesh, Indonesia, Turkey, Yemen, Tunisia, Algeria) do not practice Sharia law per se, rather are guided by state made laws and therefore have no legal basis for application of Sharia or customary laws only relating to womens issues. The Committee has continued to question the state policy on the issue of reservation encouraging them to review and amend their laws and policies incompliance with the Convention and General Recommendations No. 4 and 2o formulated by the Committee in this regard (22). In situations where there are expressed provisions of enactment governing any particular area of personal laws, those being preconstitutional, should require to withstand the test of the constitution which can be met by introducing a common civil code (23). Many researchers on Islamic laws maintain that there are scope for reinterpretation of Islamic personal laws because from its very outset Islam was a liberating religion that uplifted the status of women and gave them rights that were considered revolutionary 1400 years ago. There are also instances of reforms introduced in many personal laws with the understanding that Islam being a comprehensive way of life (al-deen), needed to take into consideration of the contemporary requirements. The fact was emphasized that the true spirit of Islam as reflected in the Koran is not to oppress women but to grant them equality and human dignity (24). the law makers, therefore, must understand the context of the Koranic verses to interpret the values and principles lay behind them. The foregoing discussions established the fact that withdrawal of reservations by the Islamic states is practicable. The Committee further recommends that instead of making a blanket reservation on a

particular article which then denies the benefits covered under that article to all women, the reservations can be qualified highlighting special situation when it may be applied. Lastly, to address to the challenges of religious fundamentalism, coordinated strategies should be developed. The states should take initiatives towards law reform and legislative advocacy in this regard. More emphasize should be given on dialogue with the fundamentalists rather then confrontation focusing on the fact that the spirit of equality and justice is so insistently enjoined in the Koran that discriminatory laws and practices against women are paralogical. It may also be emphasizes that free civil society and representative democracy ate preconditions to initiate needed reforms to disallow religious fundamentalists to promote laws and practices validating discriminations against women. NGOs and civil society should therefore, play a predefined role with respect to achieving social goals and interface between the state and other actors for full realization of human rights of women. References (1) Encyclopedia Britannica Vol. 9. (2) Howland, W Courtney. The Chalenge of Religious Fudamentalism to the Liberty and Equality Rights Of Women: an Analysis under the United Nations Charter, Colombia Journal of Trans national Law, Vol 35, 1997, Number 2. (3) Encycopedia Britannica, Vol 12. (4) Mernissi, Fatima, Beyond the Veil, 1975. (5) Ibid (2) (6) UN charter art 1 (3) (7) Ibid (2) (8) ALgeria, Azerbaijan, Bangladesh, Bosnia and Herzegovina, Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon,Libya, Malasya, Morocco, Pakistan, Tunisia, Turkey and Yemen. (9) United Nations Treaty Series Vol- 1155, No. 18232, P.331 (10) CEDAW/e/1991/4,12 Nov.1996 (11) Ibid (10) (12) Khan, salma, the Fifty Percent: Women in Development and Policy in Bangladesh UPL 1988. (15) The legal codification of Crimes of Honour in Jordanian Penal Code (Nov 16, 196o) "Excuse in Murder" Article 340 Sates (I) We who catches his wife/other female relatives committing adulate with another, and he kills, wounds, or injures one of both of them is exempt from any penalty (ii) He who catches his wife, female relatives in ah unlawful bed, and he kills or wounds or injures one or both, benefits from a reduction of penalty. The, article owes its origin to two legal sources Ottoman Penal Code of 1858 and the French Penal Code of 1810. (Both are abolished). (15) Most information collected from various UN documents some of which are in restricted circulation.

(16) Asia Week Anniversary: women and Islam, Aug. 25, 1995. (17) Asia Week Womens Rights Nov. 7, 1993. ( 18) The Quranic Ideal of Monogamy, Seeshan Hasan, Star Weekend Magazine, Aug. 3o, 1996. (19) Sisters in Islam Are Women and Men Equal Before Allah? SIS Forum Malaysia Berhad 1991. (2o) Ibid (2) (21) Resolution 4 le 1o8 Of 4 December 986. (22) General Recommendations made by the Committee on the Elimination of Discrimination Against 21 February .1995 (23) Amir, Tania, Bangadesh Lawyers Association, 1996 (24 ) tbid (19)

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Sharia, shariah, shar ah or shariat[1] (Arabic: ar ah, IPA: [ a ri a], "way" or "path") is the code of conduct or religious law of Islam. Most Muslims believe sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to questions not directly addressed in the primary sources by including secondary sources. These secondary sources usually include the consensus of the religious scholars embodied in ijma, and analogy from the Quran and Sunnah through qiyas. Shia jurists prefer to apply reasoning ('aql) rather than analogy in order to address difficult questions. Muslims believe sharia is God's law, but they differ as to what exactly it entails.[2] Modernists, traditionalists and fundamentalists all hold different views of sharia, as do adherents to different schools of Islamic thought and scholarship. Different countries, societies and cultures have varying interpretations of sharia as well. Sharia deals with many topics addressed by secular law, including crime, politics and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, and fasting. Where it enjoys official status, sharia is applied by Islamic judges, or qadis. The imam has varying responsibilities depending on the interpretation of sharia; while the term is commonly used to refer to the leader of communal prayers, the imam may also be a scholar, religious leader, or political leader. The reintroduction of sharia is a longstanding goal for Islamist movements in Muslim countries. Some Muslim minorities in Asia (e.g., in India) have maintained institutional recognition of sharia to adjudicate their personal and community affairs. In western countries, where Muslim immigration is more recent, Muslim minorities have introduced sharia family law, for use in their own disputes, with varying degrees of success e.g., Britain's Muslim Arbitration Tribunal. Attempts to impose sharia have been accompanied by controversy, [3][4][5] violence,[6][7][8][9][10][11] and even warfare (cf. Second Sudanese Civil War).[12][13][14][15]

Contents
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1 Etymology 2 Definitions and descriptions o 2.1 Traditional perspectives  2.1.1 Sunni  2.1.2 Shi'a o 2.2 Modern perspectives  2.2.1 Spectrum of Muslim legal systems  2.2.2 Factors influencing the modern role of sharia  2.2.2.1 Rapid exchange of cultures and ideas  2.2.2.2 Schools of thought  2.2.2.3 Revival of the religion o 2.3 Immutability of God's will o 2.4 Distinction between sharia and customary law 3 Characteristics o 3.1 Origins o 3.2 Fiqh  3.2.1 Categories of human behavior o 3.3 Topics of Islamic law  3.3.1 Purification  3.3.2 Prayer  3.3.3 Funeral prayer  3.3.4 Alms  3.3.5 Fasting  3.3.6 Pilgrimage  3.3.7 Trade  3.3.8 Inheritance  3.3.9 Marriage  3.3.9.1 Polygamy  3.3.10 Divorce  3.3.10.1 Child custody  3.3.11 Justice  3.3.11.1 Legal and court proceedings  3.3.11.2 Penalties  3.3.11.3 Leaving Islam/Apostasy  3.3.12 Dietary  3.3.13 Liquor and gambling  3.3.14 Customs and behaviour  3.3.14.1 Rituals  3.3.14.2 Dress codes 4 Historical developments and contemporary issues o 4.1 Contemporary practice o 4.2 Contemporary issues  4.2.1 Democracy  4.2.2 Human rights  4.2.2.1 Cairo Declaration on Human Rights in Islam  4.2.3 Freedom of speech

y y y y y

4.2.4 Homosexuality 4.2.5 Women 4.2.6 Women's rights 4.2.7 Slavery and emancipation 4.2.8 Sharia and non-Muslims 5 Parallels with Western legal systems o 5.1 Comparisons with common law o 5.2 Comparisons with civil law o 5.3 International law o 5.4 Legal education o 5.5 Role in economic development and corporate law o 5.6 Qanun 6 See also 7 References 8 Sources 9 Further reading 10 External links
    

[edit] Etymology

Countries with sharia.

In The Spirit of Islamic Law, Professor Bernard G. Weiss[clarification needed] stated "In archaic Arabic, the term shar'a means "path to the water hole". When we consider the importance of a well-trodden path to a source of water for man and beast in the arid desert environment, we can readily appreciate why this term in Muslim usage should have become a metaphor for a whole way of life ordained by God."[16] In Understanding Islamic Law: From Classical to Contemporary, Professor Irshad AbdalHaqq[clarification needed] stated "Shar'iah, or more properly Al-Shari'ah, literally means the pathway, path to be followed, or clear way to be followed, and has come to mean the path upon which the believer has to tread. In original usage Shar'iah meant the road to the watering place or path leading to the water, i.e., the way to the source of life. The technical application of the term as a reference to the law of Islam is traced directly to the Quran, wherein the adherents of Islam, the believers, are admonished by Allah (God) to follow the clear and right way, the path of Shari'ah: Then we put thee on the (right) Way of religion so follow thou that (Way), and follow not the desires of those who know not[Qur'an 45:18]."[17]

According to Abdul Mannan Omar in his Dictionary of the Holy Quran, the word at 45:18 (see Abdal-Haqq above) derives from the "Quranic root" shara'a. Derivations include: Shara'a (as prf. 3rd. p.m. sing.), meaning "He ordained", appearing once in the Quran at verse 45:13; Shara'u (prf. 3rd. p.m. plu.) "They decreed (a law)" appearing once at 42:21; Shir'atun (n.) "Spiritual law", used at 5:48; finally, Shariatun (act. 2nd. pic. f. sing.) "System of Divine Law, Way of Belief and Practice" is used at 45:18.[18]

[edit] Definitions and descriptions

Sharia has been defined as:
y

y y

"Muslim or Islamic law, both civil and criminal justice as well as regulating individual conduct both personal and moral. The custom-based body of law based on the Quran and the religion of Islam. Because, by definition, Muslim states are theocracies, religious texts are law, the latter distinguished by Islam and Muslims in their application, as sharia or sharia law."[19] "a discussion on the duties of Muslims," Hamilton Alexander Rosskeen Gibb[20] "a long, diverse, complicated intellectual tradition," rather than a "well-defined set of specific rules and regulations that can be easily applied to life situations," Hunt Janin and Andre Kahlmeyer[21] "a shared opinion of the [Islamic] community, based on a literature that is extensive, but not necessarily coherent or authorized by any single body" Knut S. Vikor[22]

From the 9th century, the power to interpret and refine law in traditional Islamic societies was in the hands of the scholars (ulema). This separation of powers served to limit the range of actions available to the ruler, who could not easily decree or reinterpret law independently and expect the continued support of the community.[23] Through succeeding centuries and empires, the balance between the ulema and the rulers shifted and reformed, but the balance of power was never decisively changed.[24] At the beginning of the nineteenth century, the Industrial Revolution and the French Revolution introduced an era of European world hegemony that included the domination of most of the lands of Islam.[25][26] At the end of the Second World War, the European powers found themselves too weakened to maintain their empires.[27] The wide variety of forms of government, systems of law, attitudes toward modernity and interpretations of sharia are a result of the ensuing drives for independence and modernity in the Muslim world.[28][29]
[edit] Traditional perspectives This section does not cite any references or sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed.
(September 2011)

The majority of Muslims regard themselves as belonging to either the Sunni or Shi'a sect of Islam. Within these sects, there are different schools of religious study and scholarship. The schools within each sect have common characteristics, although each differs in its details.
[edit] Sunni Main article: Sunni

In addition to the "Basic Code" of the Quran and Sunnah, traditional Sunni Muslims also add the consensus (ijma) of Muhammad's companions (sahaba) and Islamic jurists (ulema) on certain issues. In situations where no concrete rule exists in the sources, law scholars use qiyas various forms of reasoning, including analogy, to derive law from the essence of divine principles and preceding rulings. The consensus of the community, public interest, and other sources are used as an adjunct to sharia where the primary and secondary sources allow.[30] This description can be applied to the major schools of Sunni fiqh, which include the Hanafi, Shafi'i, Maliki and Hanbali. The Zahiri madhhab, though small, is often considered a Sunni school of thought as well.[31] The Salafi movement also looks to the actions and sayings of the first three generations of Muslims for guidance, in addition to the Quran and Sunnah, attracting followers from many Muslim cultures and schools of fiqh.[32]
[edit] Shi'a Main article: Shi'a

Shi'a Muslims also extend the "Basic Code" with fiqh, and in some aspects reject analogy. At the same time, they believe Islam was long designed to meet today's innovations and culture. During the period after Prophet's death, Sunni scholars developed, at the same time the Shi'a Imams were alive teaching and spreading the original message of Islam. Since the twelve Imams are descendants of the Prophet's family, Shi'a believe they have a greater right on leadership and spreading the message of Islam, as a result Shi'a view them as an extension of the original Sunnah taught by the Prophet himself. A recurring theme in Shi'a jurisprudence is logic (mantiq),[33] something most Shi'a believe they mention, employ and value to a higher degree than most Sunnis do. They do not view logic as a third source for laws, rather a way to see if the derived work is compatible with the Quran and Sunnah. In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Quran, anecdotes of Muhammad's practices and those of The Twelve Imams, and the intellect ('aql). The practices called Sharia today, however, also have roots in comparative law[34] and local customs (urf).[30] Most Shia Muslims follow the Ja'fari school of thought.[35]
[edit] Modern perspectives

Muslims have responded in a variety of ways to the forces of modernity. These responses cross the lines of tradition, sect and school. They affect the way sharia is interpreted by individuals in their personal lives, and the extent to which sharia is implemented in the public sphere by the state. These diverse movements can be referred to collectively as contemporary sharia(s).[36]
[edit] Spectrum of Muslim legal systems

The legal systems in 21st century Muslim majority states can be classified as follows: Sharia in the secular Muslim states: Muslim countries such as Mali, Kazakhstan and Turkey have declared themselves to be secular. Here, religious interference in state affairs, law and politics is prohibited.[37] In these Muslim countries, as well as the secular West, the role of sharia is limited to personal and family matters.

The Nigerian legal system is based on English Common Law and the constitution guarantees freedom of religion and separation of church and State. However eleven northern states have adopted sharia law for those who practice the Muslim religion.[38] Muslim states with blended sources of law: Muslim countries including Pakistan, Indonesia, Afghanistan, Egypt, Sudan, Morocco and Malaysia have legal systems strongly influenced by sharia, but also cede ultimate authority to their constitutions and the rule of law. These countries conduct democratic elections, although some are also under the influence of authoritarian leaders. In these countries, politicians and jurists make law, rather than religious scholars. Most of these countries have modernized their laws and now have legal systems with significant differences when compared to classical sharia.[39] Muslim states using classical sharia: Saudi Arabia and some of the Gulf states do not have constitutions or legislatures. Their rulers have limited authority to change laws, since they are based on sharia as it is interpreted by their religious scholars. Iran shares some of these characteristics, but also has a parliament that legislates in a manner consistent with sharia.[40]
[edit] Factors influencing the modern role of sharia

Against the backdrop of differing religious sects, scholarship, classical schools of thought, and governmental implementations, the following forces are at work influencing future developments in sharia law.
[edit] Rapid exchange of cultures and ideas

Around the world, Muslims are becoming more connected by the Internet and modern communications. This is leading to wider exchanges of ideas and cultures. Reactionary and fundamentalist movements are unlikely to halt this trend, as the sharia itself defends the right to privacy within the home.[41]
[edit] Schools of thought

Legal scholar L. Ali Khan claims that "the concept of sharia has been thoroughly confused in legal and common literature. For some Muslims, sharia consists of the Quran and Sunnah. For others, it also includes classical fiqh. Most encyclopedias define sharia as law based upon the Quran, the Sunnah, and classical fiqh derived from consensus (ijma) and analogy (qiyas). This definition of sharia lumps together the revealed with the unrevealed. This blending of sources has created a muddled assumption that scholarly interpretations are as sacred and beyond revision as are the Quran and the Sunnah. The Quran and the Sunnah constitute the immutable Basic Code, which should be kept separate from ever-evolving interpretive law (fiqh). This analytical separation between the Basic Code and fiqh is necessary to dissipate confusion around the term sharia."[42]
[edit] Revival of the religion

Simultaneously with liberalizing and modernizing forces, trends towards fundamentalism and movements for Islamic political power are also taking place. There has been a growing religious revival in Islam, beginning in the eighteenth century and continuing today. This movement has expressed itself in various forms ranging from wars to efforts towards improving education.[43]

A return to traditional views of sharia: There is a long-running worldwide movement underway by Muslims towards a better understanding and practice of their religion. Encouraged by their scholars and imams, Muslims have moved away from local customs and culture, and towards more universally accepted views of Islam. This movement towards traditional religious values served to help Muslims cope with the effects of European colonization. It also inspired modernist movements and the formation of new governments.[44] The Islamist movement: Since the 1970s, the Islamist movements have become prominent; their goals are the establishment of Islamic states and sharia within their own borders, their means are political in nature. The Islamist power base is the millions of poor, particularly urban poor moving into the cities from the countryside. They are not international in nature (one exception being the Muslim Brotherhood). Their rhetoric opposes western culture and western power.[45] Political groups wishing to return to more traditional Islamic values are the source of threat to Turkey's secular government. [45] These movements can be considered neoSharism.[46] The Fundamentalist movement: Fundamentalists, wishing to return to basic religious values and law, have in some instances imposed harsh sharia punishments for crimes, curtailed civil rights, and violated human rights. These movements are most active in areas of the world where there was contact with Western colonial powers.[47] Extremism: Extremists have used the Quran and their own particular version of sharia[48] to justify acts of war and terror against Western individuals and governments, and also against other Muslims believed to have Western sympathies. [49] Friction between the West and Islam, particularly with regard to the Palestinian question, continues to fuel this conflict.[50]
[edit] Immutability of God's will

Although there are many different interpretations of sharia, and differing perspectives on each interpretation, there is consensus among Muslims that sharia is a reflection of God's will for humankind. Sharia must therefore be, in its purest sense, perfect and unchanging.[51] The evolution or refinement of sharia is an effort to more perfectly reflect God's will.[52]
[edit] Distinction between sharia and customary law

According to Jan Michiel Otto, Professor of Law and Governance in Developing Countries at Leiden University, "Anthropological research shows that people in local communities often do not distinguish clearly whether and to what extent their norms and practices are based on local tradition, tribal custom, or religion. Those who adhere to a confrontational view of sharia tend to ascribe many undesirable practices to sharia and religion overlooking custom and culture, even if high ranking religious authorities have stated the opposite." Otto's analysis appears in a paper commissioned by the Netherlands Ministry of Foreign Affairs.[53]

[edit] Characteristics

[edit] Origins

According to Muslims, sharia law is founded on the words of Allah as revealed in the Quran, and traditions gathered from the life of the Prophet Muhammad. Muhammad was born ca. 570 CE in Mecca, a trading city in the Arabian desert. In addition to being a center of trade on the caravan routes, Mecca was a place of pilgrimage for Arabs of many beliefs.[54] The focus of religion in Mecca was the Ka'aba, a stone building believed to have been built by Adam at the beginning of time, and rebuilt by the Prophet Abraham and his son Ishmael.[55] Mecca was inhabited by the Quraysh, a mostly pagan tribe with some Jews and Christians among them. Muhammad was orphaned at an early age, and came under the protection of an uncle. He grew up to become a trader and married his employer, a prosperous merchant named Khadija.[56] It was in middle age that Muhammad began to speak of revelations received from Allah through the angel Gabriel. Muhammad told others of his revelations, and attracted followers who transcribed them onto available materials.[57] Over the twenty three years from his first revelation until his death, Islam became the dominant force in the Arabian peninsula and Somalia, and a serious challenge to the Byzantine and Sasanian empires.[58] After Muhammad's death, the revelations were collected and organized into the Quran, and accounts of his life eventually formed the basis for the Sunnah. In pre-Islamic Arabia, bonds of common ancestry formed the basis for tribal association.[59] The advent of Islam brought the tribes together under a single religion. As Islam is not just a religion, but also a complete way of life, a new common basis of law and personal behavior (Sharia) began to take shape.[60] Sharia continued to undergo fundamental changes, beginning with the reigns of caliphs Abu Bakr (63234) and Umar (63444), during which time many questions were brought to the attention of Muhammad's closest comrades for consultation.[61] During the reign of Muawiya b. Abu Sufyan ibn Harb, ca. 662 CE, Islam undertook an urban transformation, raising questions not originally covered by Islamic law.[61] Since then, changes in Islamic society have played an ongoing role in developing sharia, which branches out into fiqh and Qanun respectively. Among the Muslims, tribal laws were adapted to conform to sharia "for they could not form part of the tribal law unless and until they were generally accepted as such."[59] Additionally, Noel James Coulson, Lecturer in Islamic law of the University of London, states that "to the tribe as a whole belonged the power to determine the standards by which its members should live. But here the tribe is conceived not merely as the group of its present representatives but as a historical entity embracing past, present, and future generations."[59] So, while "each and every law must be rooted in either the Qur'an or the Sunnah,"[62] without contradiction, tribal life brought about a sense of participation. Such participation was further reinforced by Muhammad who stated, "My community will never agree in error".[62]
[edit] Fiqh
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Transliteration Fiqh Translation Islamic jurisprudence

The formative period of fiqh stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory.[63] Progress in theory happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi'i (767820), who laid down the basic principles of Islamic jurisprudence in his book Al-Risala. The book details the four roots of law (Quran, Sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Quran and the hadith) be understood according to objective rules of interpretation derived from careful study of the Arabic language. [64] A number of important legal concepts and institutions were developed by Islamic jurists during the classical period of Islam, known as the Islamic Golden Age, dated from the 7th to 13th centuries.[65][66][67][68]
[edit] Categories of human behavior

Fiqh classifies behavior into the following types or grades: fard (obligatory), mustahabb (recommended), mubah (neutral), makruh (discouraged), and haraam (forbidden). Every human action belongs in one of these five categories.[69]
Actions in the fard category are those required of all Muslims. They include the five daily prayers, fasting, articles of faith, obligatory charity, and the hajj pilgrimage to Mecca.[69] The mustahabb category includes proper behavior in matters such as marriage, funeral rites and family life. As such, it covers many of the same areas as civil law in the West. Sharia courts attempt to reconcile parties to disputes in this area using the recommended behavior as their guide. A person whose behavior is not mustahabb can be ruled against by the judge.[70] All behavior which is neither discouraged nor recommended, neither forbidden nor required is of the Mubah; it is permissible.[69] Makruh behavior, while it is not sinful of itself, is considered undesirable among Muslims. It may also make a Muslim liable to criminal penalties under certain circumstances.[70] Haraam behavior is explicitly forbidden. It is both sinful and criminal. It includes all actions expressly forbidden in the Quran. Certain Muslim dietary and clothing restrictions also fall into this category.[69]

The recommended, permissible and discouraged categories are drawn largely from accounts of the life of the Islamic Prophet Muhammad. To say a behavior is sunnah is to say it is recommended as an example from the life and sayings of Muhammad. These categories form the basis for proper behavior in matters such as courtesy and manners, interpersonal relations, generosity, personal habits and hygiene.[69]
[edit] Topics of Islamic law

Sharia law can be organized in different ways: Sharia can be divided into five main branches:

1. 2. 3. 4. 5.

ibadah (ritual worship) mu'amalat (transactions and contracts) adab (morals and manners), i'tiqadat (beliefs) 'uqubat (punishments).

"Reliance of the Traveller", an English translation of a fourteenth century CE reference on the Shafi'i school of fiqh written by Ahmad ibn Naqib al-Misri, organizes sharia law into the following topics:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Purification Prayer Funeral prayer Taxes Fasting Pilgrimage Trade Inheritance Marriage Divorce Justice

In some areas, there are substantial differences in the law between different schools of fiqh, countries, cultures and schools of thought.
[edit] Purification

In Islam, purification has a spiritual dimension and a physical one. Muslims believe that certain human activities and contact with impure animals and substances cause impurity. Classic Islamic law details how to recognize impurity, and how to remedy it. Muslims use water for purification in most circumstances, although earth can also be used under certain conditions. Before prayer or other religious rituals, Muslims must clean themselves in a prescribed manner. The manner of cleansing, either wudhu or ghusl, depend on the circumstances. Muslims' cleaning of dishes, clothing and homes are all done in accordance with stated laws.[71][72]
[edit] Prayer

Muslims are enjoined to pray five times each day, with certain exceptions. These obligatory prayers, salat, are performed during prescribed periods of the day, and most can be performed either in groups or by oneself. There are also optional prayers which can be performed, as well as special prayers for certain seasons, days and events. Muslims must turn to face the Kaaba in Mecca when they pray, and they must be purified in order for their prayers to be accepted. Personal, informal prayer and invocation is practiced as well. Classic Islamic law details many aspects of the act of prayer, including who can pray, when to pray, how to pray, and where to pray.[73][74]

[edit] Funeral prayer

Muslims are encouraged to visit those among them who are sick and dying. Dying Muslims are reminded of God's mercy, and the value of prayer, by those who visit them. In turn, the visitors are reminded of their mortality, and the transient nature of life. Upon death, the Muslim will be washed and shrouded in clean, white cloth. A special prayer, Janazah, is performed for the deceased, preferably by the assembled Muslim community. The body is taken to a place which has ground set aside for the burial of Muslims. The grave is dug perpendicular to the direction of Mecca, and the body is lowered into the grave to rest on its side, with the face turned towards Mecca. Classic Islamic law details visitation of the ill, preparation of the dead for burial, the funeral prayer and the manner in which the Muslim is buried.[75]
[edit] Alms

All Muslims who live above the subsistence level must pay an annual alms, known as zakat. In the modern sense, this would be Islam's equivalent to US Social Security or UK National Insurance. This is not charity, but rather an obligation owed by the eligible Muslim to the poor of the community. The amount is calculated based on the wealth of the Muslim. There is no fixed rate stated in Quran; but the generally practiced rate is 2.5 percent. Eligibility and total payable varies; depending on the type and quantity of wealth being assessed.[76] If the Government wishes to create a comprehensive and robust welfare state, the rate can be increased. Wealth includes savings, jewelry and land. Classic Islamic law details the tax, how it is assessed, its collection, and its distribution.[77][78]
[edit] Fasting

During the Islamic month of Ramadan, Muslims abstain from food, drink, sex, between dawn and sunset. Exceptions to this obligation are made for the young, the infirm, and women during their periods of menstruation. During Ramadan, the daylight hours will often begin and end with a large meal. After dinner, many Muslims participate in special communal prayers held during Ramadan. The end of Ramadan fasting is celebrated with special prayers, gatherings of family and friends, and specially prepared meals. Muslims may also fast on other special days of the year, and to make up for missed days of fasting. Classic Islamic law details the exact definition of the fast, the times of fasting, how a fast may be broken, who must fast, and permitted exceptions to the fast.[79][80]
[edit] Pilgrimage

At least once in each Muslim's lifetime, they must attempt a visit to the Holy Places of Islam located in Mecca, Saudi Arabia. The focus of this journey is the Kaaba, a small rectangular building around which a huge mosque has been built. This pilgrimage, known as the Hajj, begins two months after Ramadan each year. Dressed in symbolically simple clothing, Muslim pilgrims circle the Kaaba seven times, often followed by a drink from a special stream. Next, a symbolic search for water is performed by travelling back and forth between two nearby peaks. On the eighth day of the month, the pilgrims travel to Mina in the desert and spend the night in tents. The following day, over two million Muslims gather on the slopes of Mount Arafat, where the afternoon is spent in prayer. The Feast of Sacrifice, celebrated by Muslims worldwide, is performed by pilgrims in Mina the next day, and includes the slaughter of an animal. Finally, the pilgrims perform a ritual Stoning of the Devil

by tossing pebbles at three pillars. Classic Islamic law details the manner in which the pilgrim dresses, behaves, arrives, departs and performs each of these rituals.[81][82]
[edit] Trade

Islamic law recognizes private and community property, as well as overlapping forms of entitlement for charitable purposes, known as waqf or trusts. Under sharia law, however, ownership of all property ultimately rests with God; while individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need.[83] The laws of contract and obligation are also formed around this egalitarian Quranic requirement, prohibiting unequal exchanges or unfair advantage in trade. On this basis, the charging of interest on loans is prohibited, as are other transactions in which risks are borne disproportionately to the potential returns between parties to a transaction. The limits on personal liability afforded by incorporation are seen as a form of usury in this sense, as is insurance. All these inequities in risk and reward between parties to a transaction, known collectively as riba, are prohibited.[84] For this reason, Islamic banking and financing are partnerships between customers and institutions, where risk and reward are distributed equitably. Partnerships, rather than corporations, are the key concept in collective Islamic business. Financing and investments are accomplished in this manner, as purchases and resales, with equity shifting over time between the institution and the client as payments are made or returns are recognized. Conversely, no individual is shielded from the consequences of poor judgement or bad timing.[85] The Islamic financial and investment models have taken root in the West and begun to flourish, even as the financial underpinnings of large Western corporations collapse under the weight of unevenly distributed risks.[86][87] Classic Islamic law details the manner of contracting, the types of transactions, the assignment of liability and reward, and the responsibilities of the parties in Islamic trade.[88]
[edit] Inheritance

The rules of inheritance under sharia law are intricate, and a female's portion is generally half the amount a male would receive under the same circumstances.[89] Up to one third of a person's property may be distributed as bequests, or wasiyya, upon their death. After debts are settled, the remainder of the estate will be divided among the family of the deceased according to the rules of inheritance, or irth.[90] In Islamic societies, inherited wealth and property do not easily accumulate to, or remain in, certain families. Large concentrations of property will be divided into smaller portions over time among male inheritors. Property will tend to flow to other families as female inheritors take their shares into their marriages.[91] Classic Islamic law details the division of property, the shares family members are entitled to, adjustments and redistributions in the shares, orders of precedence among inheritors, and substitution among inheritors.[92]
[edit] Marriage Main articles: Islamic marital jurisprudence, Talaq, and Nikah

The laws governing Islamic marriage vary substantially between sects, schools, states and cultures. The following outline is general in nature. There are two types of marriage mentioned in the Quran: nikah and nikah mut'ah. The first is more common; it aims to be permanent, but can be terminated by the husband in the talaq process, or by the wife seeking divorce using khul'.

In nikah the couples inherit from each other. A dowry known as mahr is given to the bride, a legal contract is signed when entering the marriage, and the husband must pay for the wife's expenses. For the contract to be valid there must be two witnesses under Sunni jurisprudence. There is no witness requirement for Shia contracts. In Sunni jurisprudence, the contract is void if there is a determined divorce date in the nikah, whereas, in Shia jurisprudence, nikah contracts with determined divorce dates are transformed into nikah mut'ah. Under Shia jurisprudence, nikah mut'ah is the second form of marriage. It is "Haram" in sunni islam according to muslim scholars. it is a fixed-term marriage, which is a marriage with a preset duration, after which the marriage is automatically dissolved. Traditionally the couple does not inherit from each other, the man usually is not responsible for the economic welfare of the woman, and she usually may leave her home at her own discretion. Nikah mut'ah does not count towards the maximum of four wives the Quran allows to Muslim men. The woman is still given her mahr dowry, and the woman must still observe the iddah, a period of five months at the end of the marriage where she is not permitted to remarry in the case she may have become pregnant before the divorce took place. This maintains the proper lineage of children. There is controversy about the Islamic legality of this type of marriage since the Prophet Muhammad is said by Sunnis to have prohibited the practice after having temporarily allowed it. A third type of marriage contract, known as misyar, is emerging in Sunni Islam. This marriage is not for a fixed period of time like nikah mut'ah, but is similar in other respects including lack of inheritance, lack of financial responsibility and freedom of movement on the part of the wife. In misyar marriage, the couple need not cohabit. There is lots of controversy regarding this form of marriage. Muslims do, on occasion, marry according to urf, or local custom, without following the requirements set forth in sharia law. This may be done for various reasons, such as an inability of the couple to obtain permission from the bride's guardian. In these cases, they may find their marriage to be unrecognized at a later point, and have difficulty availing themselves of legal remedies under sharia. Requirements for Islamic Marriages:
y y y y y y y y y y

The man who is not currently a fornicator may marry only a woman who is not currently a fornicatress or a chaste woman from the people of the Book. The woman who is not currently a fornicatress may marry only a man who is not currently a fornicator. The fornicator may marry only a fornicatress. The Muslim woman may marry only a Muslim man. Permission for a virgin female to marry must be given by her guardian, usually her father. Any Muslim woman may demand her guardian marry her to a Muslim male, provided he is suitable. If the guardian refuses, a judge will effect the marriage.[93] The father, or in some cases the paternal grandfather, may choose a suitable partner for a virgin girl.[94] The guardian may not marry the divorced woman or the widow if she did not ask to be married. Without the permission of the girl an Islamic marriage is considered invalid. It is obligatory for a man to give bride wealth (gifts) to the woman he marries "Do not marry unless you give your wife something that is her right."[95]

[edit] Polygamy

In sharia law, a Muslim man is permitted up to four wives under the rules for nikah. All wives are entitled to separate living quarters at the behest of the husband and if possible. All should receive equal attention, support, treatment and inheritance. In modern practice, it is uncommon for a Muslim man to have more than one wife; if he does so, it is often due to the infertility of his first wife. The practice of polygamy has been regulated or abolished in some Muslim states.[96][97] Historically, Muslim rulers have often remarried the wives of their conquered opponents in order to gain ties of kinship with their new subjects. In these cases, the wives of leaders have sometimes numbered in the tens or even hundreds. In Ottoman Turkey, the practice also filtered down to the aristocracy. This became the basis for the Western image of a powerful, wealthy Muslim with a vast harem.[98]
[edit] Divorce

The laws governing divorce vary substantially between sects, schools, states and cultures. The following outline is general in nature. A marriage can be terminated by the husband in the talaq process, or by the wife seeking divorce through khul'. Under faskh a marriage may be annulled or terminated by the qadi judge. Men have the right of unilateral divorce under classical sharia. A Sunni Muslim divorce is effective when the man tells his wife that he is divorcing her, however a Shia divorce also requires four witnesses. [99] Upon divorce, the husband must pay the wife any delayed component of the dower. If a man divorces his wife in this manner three times, he may not remarry her unless she first marries, and is subsequently divorced from, another man. Only then, and only if the divorce from the second husband is not intended as a means to re-marry her first husband, may the first husband and the woman re-marry.[Qur'an 2:230] In practice, unilateral divorce is only common in a few areas of the Islamic world. It is much more common for divorces to be accomplished by mutual consent.[99] If the wife asks for a divorce and the husband refuses, the wife has a right, under classical sharia, to divorce by khul'. Although this right is not recognized everywhere in Islam, it is becoming more common. In this scenario, the qadi judge will effect the divorce for the wife, and she may be required to return part, or all, of her dowry.[99] Under faskh, a qadi judge can end or annul a marriage.[99] Apostasy, on the part of the husband or wife, ends a Muslim marriage in this way. Hardship or suffering on the part of the wife in a marriage may also be remedied in this way. This procedure is also used to annul a marriage in which one of the parties has a serious disability.[100] Except in the case of a khul' divorce initiated by a woman, the divorced wife generally keeps her dowry from when she was married. A divorced woman is given child support until the age of weaning. The mother is usually granted custody of the child.[101] If the couple has divorced fewer than three times (meaning it is not a final divorce) the wife also receives spousal support for three menstrual cycles after the divorce, until it can be determined

whether she is pregnant. Even in a threefold divorce, a pregnant wife will be supported during the waiting period, and the child will be supported afterwards.[102]
[edit] Child custody

In a divorce, the child will stay with its mother until it is weaned,[103] or until the age of discernment, when the child may choose whom it lives with. The age of discernment is seven or eight years.[103]
[edit] Justice

The concept of justice embodied in sharia is different from that of secular Western law.[104] Muslims believe the sharia law has been revealed by God. In Islam, the laws that govern human affairs are just one facet of a universal set of laws governing nature itself. Violations of Islamic law are offenses against God and nature, including one's own human nature. Crime in Islam is sin. Whatever crime is committed, whatever punishment is prescribed for that crime in this world, one must ultimately answer to God on the Day of Judgement.[104]
[edit] Legal and court proceedings

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Sharia judicial proceedings have significant differences with other legal traditions, including those in both common law and civil law. Sharia courts traditionally do not rely on lawyers; plaintiffs and defendants represent themselves. Trials are conducted solely by the judge, and there is no jury system (as is found in civil law in countries such as Russia and France). There is no pre-trial discovery process, and no cross-examination of witnesses. Unlike common law, judges' verdicts do not set binding precedents[105][106][107] under the principle of stare decisis,[108] and unlike civil law, sharia does not utilize formally codified statutes[109] (these were first introduced only in the late 19th century during the decline of the Ottoman Empire, cf. mecelle). Instead of precedents and codes, sharia relies on jurists' manuals and collections of non-binding legal opinions, or hadith, (ulama, particularly a mufti); these can be made binding for a particular case at the discretion of a judge. There are three categories of crimes in sharia law, qisas, hudud, and tazir. Qisas involves personal injury and has several categories: intentional murder (first-degree), quasi-intentional murder (second-degree), unintentional murder (manslaughter), intentional battery, and unintentional battery. A qisas offense is treated as a civil case rather than an actual criminal case. If the accused party is found guilty, the victim (or in death, victim's family) determines the punishment, choosing either retribution (qesas-e-nafs), which means execution in the case of intentional murder, imprisonment, and in some cases of intentional battery, the amputation of the limb that was lost; or compensation (diyya) for the loss of life/limb/injury. The sharia judge (or, in modern sharia systems like those of Iran or Iraq, the state) can convict for and legally punish only qesas crimes on his own authority. However, the state itself may prosecute for crimes committed alongside the qisas offense. If the victim's family pardons the criminal, in addition to the sharia punishment he would normally receive a tazir prison

sentence (such as ten to twenty years in prison) for crimes such as "intentional loss of life", "tazir assault and battery" "disturbance of the peace", and so forth. The second category of crimes is hudud (or hadd). Hudud crimes are crimes whose penalties were laid down by the Quran, and are considered to be "claims against God". The hudud crimes are:
y

y y y

adultery (zina), which includes adultery, fornication, incest/pedophilia, rape, and pimping apostasy/blasphemy defamation (meaning false accusation of any of these things) sodomy/lesbianism (or sodomy rape)

y y y

theft use of intoxicants (alcohol/drug use) "waging war against God and society" (hirabah, uniquely known as moharebeh/mofsed-e-filarz in Iran: armed robbery, terrorism, armed violence)

Hudud penalties for these cases are not punishments tailored to the offense, but are intended to be deterrents, setting an example for the general public and prosecuting the most flagrant violations. The process is extremely exacting: at least two witnesses are required to corroborate the evidence, with four witnesses required in the case of sex crimes, so that in most such cases the most severe penalties are difficult, if not impossible, to impose. Circumstantial evidence is not allowed to be part of the testimony. When the severest penalties are imposed, the case is usually so obvious, obscene or flagrant that conviction is virtually inevitable. Very often, Westerners mistake hudud punishment for the punishment regularly given under sharia law, but that is inaccurate;[dubious discuss] hudud punishments are only meant as a deterrent for rare cases. Most punishments are given under tazir rules. As a result most countries do not prosecute hudud offenses (the exceptions being Saudi Arabia and Afghanistan under the Taliban, which regularly managed to prosecute offenses in the hudud manner) Almost all other countries, such as Iran, would usually punish the same offense as a tazir crime. The third category of crimes is tazir. It covers all other offenses not mentioned already. It is a "claim of the state" and it receives a discretionary sentence. The punishment may not be more severe than the punishment of a hudud crime. It can range, depending on the crime or circumstances, from death to imprisonment to even community service. Circumstantial evidence is allowed, and most countries prosecute their crimes as tazir crimes, due to the flexibility of the evidence-gathering and sentencing. The punishment is meant to fit the crime. For example, a rapist may not be able to be prosecuted for zina, but would still be convicted of tazir rape, or in theft, they would be found guilty of tazir theft and given prison time rather than amputation. A murderer would still spend time in prison if he had received the forgiveness of the family. The heavy hudud penalties of amputation and stoning are not applied (although some countries do use corporal punishment). Most modern countries such as Iran have a fixed penal code that regulate what sentences should be given depending on the crime and circumstances of the case. The rules of evidence in sharia courts also maintain a distinctive custom of prioritizing oral testimony.[110][111] A confession, an oath, or the oral testimony of a witness are the main

evidence admissible in a hudud case, written evidence is only admissible when deemed reliable by the judge, i.e., notaries.[112] Testimony must be from at least two witnesses, and preferably free Muslim male witnesses, who are not related parties and who are of sound mind and reliable character; testimony to establish the crime of adultery, or zina must be from four direct witnesses.[113] Forensic evidence (i.e., fingerprints, ballistics, blood samples, DNA etc.) and other circumstantial evidence is likewise rejected in hudud cases in favor of eyewitnesses, a practice which can cause severe difficulties for women plaintiffs in rape cases.[114] Testimony from women is given only half the weight of men,[citation needed] and testimony from non-Muslims may be excluded altogether (if against a Muslim).[citation needed] Non-Muslim minorities, however, could and did use sharia courts, even amongst themselves.[115][not in citation given] Sharia's rules on written evidence necessarily diminish the utility of written contracts to structure economic relations, and Timur Kuran has noted the predominance of a "largely oral contracting culture" in pre-modern Islamic society.[116] In lieu of written evidence, oaths are accorded much greater weight; rather than being used simply to guarantee the truth of ensuing testimony, they are themselves used as evidence. Plaintiffs lacking other evidence to support their claims may demand that defendants take an oath swearing their innocence, refusal thereof can result in a verdict for the plaintiff.[117] Taking an oath for Muslims can be a grave act; one study of courts in Morocco found that lying litigants would often "maintain their testimony 'right up to the moment of oath-taking and then to stop, refuse the oath, and surrender the case."[118] Accordingly, defendants are not routinely required to swear before testifying, which would risk casually profaning the Quran should the defendant commit perjury;[118] instead oaths are a solemn procedure performed as a final part of the evidence process. In some countries, sharia courts, with their tradition of pro se representation, simple rules of evidence, and absence of appeals courts, prosecutors, cross examination, complex documentary evidence and discovery proceedings, juries and voir dire proceedings, circumstantial evidence, forensics, case law, standardized codes, exclusionary rules, and most of the other infrastructure of civil and common law court systems, have as a result, comparatively informal and streamlined proceedings. This can provide significant increases in speed and efficiency, and can be an advantage in jurisdictions where the general court system is slow or corrupt, and where few litigants can afford lawyers. In Nigeria, where imposition of sharia was highly controversial, even Nigeria's justice minister was compelled to admit that in sharia courts, "if a man owes you money, you can get paid in the evening. Whereas in the regular courts, you can sit in court for ten years and get no justice."[119] Other systems, such as those of Iran, Iraq, and Pakistan, use a civil sharia code similar to western countries, and do have defense attorneys, prosecutors, and appeals courts. They also have a supreme court, and a definite civil law style penal code, but are still heavily based on the informality and simplicity of a "pure" sharia court, and trials often still take a matter of hours or sometimes days.
[edit] Penalties

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Main article: Hudud See also: Rajm, Islam and domestic violence, and Zina (Arabic)

The punishment depends on whether the criminal was convicted of qesas, hudud or tazir. In a tazir crime, the penalty would be usually a prison sentence, corporal punishment in some countries, or a execution in a more serious case (such as a case that was not prosecuted as hudud, like rape/drug trafficking). Since hudud crimes are extremely hard to punish, this is the usual route that would be taken. Stoning and amputation would certainly not be carried out in a tazir sentence, and the punishment would not be fixed, but discretionary. Most countries have a civil code that regulates the penalties that should be received in a tazir crime, such as a death sentence in the case of drug trafficking, aggravated rape, or prison time in the case of other offenses. In the rarest of rare case (more common in Saudi Arabia or Afghanistan ) when a person is convicted of a hudud crime, the punishment is much harsher. In accordance with the Quran and several hadith, theft is punished by imprisonment or amputation of hands.[120] Several requirements are in place for the amputation of hands, they are:
y y y y y

There must have been criminal intent to take private (not common) property. The theft must not have been the product of hunger, necessity, or duress. The goods stolen must: be over a minimum value, not haraam, and not owned by the thief's family. Goods must have been taken from custody (i.e., not in a public place). There must be reliable witnesses.

All of these must be met under the scrutiny of judicial authority.[Qur'an 5:38][121] In accordance with hadith, stoning to death is the penalty for married men and women who commit adultery. In addition, there are several conditions related to the person who commits it that must be met. One of the difficult ones is that the punishment cannot be enforced unless there is a confession of the person, or four male eyewitnesses who each saw the act being committed. All of these must be met under the scrutiny of judicial authority[122] For unmarried men and women, the punishment prescribed in the Quran and hadith is 100 lashes.[123] The "four witness" standard comes from the Quran itself, a revelation Muhammad announced in response to accusations of adultery leveled at his wife, Aisha: "Why did they not produce four witnesses? Since they produce not witnesses, they verily are liars in the sight of Allah."[Qur'an 24:13] Punishments are authorized by other passages in the Quran and hadiths for certain crimes (e.g., extramarital sex, adultery), and are employed by some as rationale for extra-legal punitive action while others disagree: The woman and the man guilty of adultery or fornicationflog each of them with hundred stripes: Let no compassion move you in their case, in a matter prescribed by God, if ye

believe in God and the last day.[Qur'an 24:2] Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils).[Qur'an 17:32]
[edit] Leaving Islam/Apostasy

See also: Apostasy in Islam and Salman Rushdie

In most interpretations of sharia, conversion by Muslims to other religions or becoming nonreligious, is strictly forbidden and is termed apostasy. Non-Muslims, however, are allowed to convert into Islam.[124] Muslim theology equates apostasy to treason, and in most interpretations of sharia, the penalty for apostasy is death. During the time of Muhammad, treason and apostasy were considered one and the same; nowadays, many scholars differentiate between treason and apostasy, believing that the punishment for apostasy is not death, while the punishment for treason is death.[citation needed] The accusation of apostasy may be used against non-conventional interpretations of the Quran. The severe persecution[weasel words] of the famous expert in Arabic literature, Nasr Abu Zayd, is an example of this.[125] Similar accusations and persecutions[weasel words] were famously leveled against the author Salman Rushdie.[126][not in citation given]
[edit] Dietary Main articles: Halal and Dhabiha

Islamic law does not present a comprehensive list of pure foods and drinks. However, it prohibits:[127]
y y

Swine, blood, the meat of dead animals and animals slaughtered in the name of someone other than God. Slaughtering an animal in any other way except the prescribed manner of tazkiyah (cleansing) by taking God's name, which involves cutting the throat of the animal and draining the blood. Slaughtering with a blunt blade or physically ripping out the esophagus is strictly forbidden. Modern methods of slaughter like the captive bolt stunning and electrocuting are also prohibited. Causing the animal excessive pain during slaughter is a sin.[128] Intoxicants

The prohibition of dead meat is not applicable to fish and locusts.[129][130][131] Also hadith literature prohibits beasts having sharp canine teeth, birds having claws and talons in their feet,[132] Jallalah (animals whose meat carries a stink in it because they feed on filth),[133] tamed donkeys,[134] and any piece cut from a living animal.[127][135]
[edit] Liquor and gambling

Liquor and gambling are expressly prohibited in the Quran, and sharia law. Muhammad is reported to have said: "He who plays with dice is like the one who handles the flesh and blood of swine." Abd-Allah ibn Amr reported that Muhammad prohibited all games of chance and card playing that caused financial gain or loss.[136]

[edit] Customs and behaviour See also: Islamic hygienical jurisprudence

Practitioners of Islam are generally taught to follow some specific customs in their daily lives. Most of these customs can be traced back to Abrahamic traditions in Pre-Islamic Arabian society.[137] Due to Muhammad's sanction or tacit approval of such practices, these customs are considered to be Sunnah (practices of Muhammad as part of the religion) by the Ummah (Muslim nation). It includes customs like:
y y y y y y

Saying "Bismillah" (in the name of God) before eating and drinking. [138] Using the right hand for drinking and eating. [139] Saying "As-Salaam Alaikum" (peace be upon you) when meeting someone and answering with "Wa 'alaikumus salam" (and peace be upon you).[140] Saying "Alhamdulillah" (all gratitude is for only God) when sneezing and responding with "Yarhamukallah" (God have mercy on you).[141] Saying the "Adhan" (prayer call) in the right ear of a newborn and the Iqama in its left. In the sphere of hygiene, it includes: o Clipping the moustache o Cutting nails [142][143] o Circumcising the male offspring [144] and o Cleaning the nostrils, the mouth, and the teeth [145] o Cleaning the body after urination and defecation Abstention from sexual relations during the menstrual cycle and the puerperal discharge,[Qur'an 2:222] and ceremonial bath after the menstrual cycle, and Janabah (seminal/ovular discharge or sexual intercourse).[Qur'an 4:43][Qur'an 5:6] Burial rituals include funeral prayer[146] of bathed[147] and enshrouded body in coffin cloth[148] and burying it in a grave.[149]

[edit] Rituals

Main articles: Eid ul-Fitr and Eid al-Adha

There are two festivals that are considered Sunnah.[149][150]

y y

Eid ul-Fitr Eid al-Adha

Rituals associated with these festivals:[149]

y y y

Sadaqah (charity) before Eid ul-Fitr prayer.[151] The Prayer and the Sermon on Eid day. Takbirs (glorifying God) after every prayer in the days of Tashriq. (Normally these days are considered to be the ones in which pilgrims stay at Mina once they return from Muzdalifah i.e., the 10th, 11th, 12th and 13th of Dhu al-Hijjah.) Sacrifice of unflawed, four legged grazing animal of appropriate age after the prayer of Eid al-Adha in the days of Tashriq.[152]

[edit] Dress codes

Main articles: Hijab, List of types of sartorial hijab, and Islam and clothing

The Quran also places a dress code upon its followers. The rule for men has been ordained before the women: say to the believing men to lower their gaze and preserve their modesty, it will make for greater purity for them and Allah is well aware of all that they do.[Qur'an 24:30] Allah then says in the Quran, And say to the believing women that they cast down their looks and guard their private parts and do not display their ornaments except what appears thereof, and let them wear their khum r over their bosoms, and not display their ornaments except to their husbands...[24:31] All those men in whose presence a woman is not obliged to practise the dress code are known as her mahrams. Men have a more relaxed dress code: the body must be covered from knee to waist. However, under sharia law, women are required to cover all of their bodies except hands and face.[153][154]Covering the face is the subject of some divergence of opinion amongst the scholars some consider it to be compulsory since the face is the major source of attraction, whilst others consider it to be highly recommended. The rationale given for these rules is that men and women are not to be viewed as sexual objects. Men are required to keep their guard up and women to protect themselves. In theory, should either one fail, the other prevents the society from falling into fitna (temptation or discord). There are many different opinions, however, as to whether the veil or headscarf is a real Quranic obligation. Some scholars such as Yusuf al-Qaradawi claim it is, while others, such as Mohammed Arkoun, Soheib Bencheikh, Abdoldjavad Falaturi, Gamal al-Banna claim it is not. However, the first group appears dominant:[153] "Jamal al Banna has been for a number of years one of the few mainstream Muslim scholars to argue that the Muslim headscarf, or hijab, is not an Islamic obligation."[155]

[edit] Historical developments and contemporary issues

Map of the Muslim world with the main schools of Islamic law (madhhab)

During the 19th century, the history of Islamic law took a sharp turn due to new challenges the Muslim world faced: the West had risen to a global power and colonized a large part of the world, including Muslim territories. In the Western world, societies changed from the agricultural to the industrial stage, new social and political ideas emerged, and social models slowly shifted from hierarchical towards egalitarian. The Ottoman Empire and the rest of the Muslim world were in decline, and calls for reform became louder. In Muslim countries, codified state law started replacing the role of scholarly legal opinion. Western countries sometimes inspired, sometimes pressured, and sometimes forced Muslim states to change their laws. Secularist movements pushed for laws deviating from the opinions of the Islamic legal scholars. Islamic legal scholarship remained the sole authority for guidance in matters of rituals, worship, and spirituality, while they lost authority to the state in other areas. The

Muslim community became divided into groups reacting differently to the change. This division persists until the present day (Brown 1996, Hallaq 2001, Ramadan 2005, Aslan 2006, Safi 2003, Nenezich 2006).
y y

Secularists believe that the law of the state should be based on secular principles, not on Islamic legal doctrines. Traditionalists believe that the law of the state should be based on the traditional legal schools. However, traditional legal views are considered unacceptable by some modern Muslims, especially in areas like women's rights or slavery.[156] Reformers believe that new Islamic legal theories can produce modernized Islamic law[157] and lead to acceptable opinions in areas such as women's rights.[158] However, traditionalists believe that any departure from the legal teachings of the Quran as explained by the Prophet Muhammad and put into practice by him is an alien concept that cannot properly be attributed to "Islam".

[edit] Contemporary practice

There is tremendous variety in the interpretation and implementation of Islamic law in Muslim societies today. Liberal movements within Islam have questioned the relevance and applicability of sharia from a variety of perspectives; Islamic feminism brings multiple points of view to the discussion. Some of the largest Muslim countries, including Indonesia, Bangladesh and Pakistan, have largely secular constitutions and laws, with only a few Islamic law provisions in family law. Turkey has a constitution that is officially strongly secular. India and the Philippines are the only countries in the world that have separate Muslim civil laws, wholly based on sharia. In India, Muslim civil laws are framed by the Muslim Personal Law board while, in the Philippines, it is framed by the Code of Muslim Personal Laws. However, the criminal laws in both the countries are uniform. In September 2008, newspapers in the United Kingdom stated the government had "quietly sanctioned" the recognition of sharia courts. This refers to situations where both sides in a legal dispute freely choose a sharia court as a binding arbitrator rather than taking a matter before the official courts. The decision did not break new ground: the decisions of similar Jewish beth din court arbitrations have been recognized in England for over 100 years.[159] Neither party can be forced into arbitration by a sharia or a Jewish court. Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and the Mutaween (religious police) assert social compliance, while Somaliland, and Maldives adopted sharia in legal aspects but with westrn style of judiciary system (Common law or civil law). Laws derived from sharia are also applied in Afghanistan, Libya and Sudan. Sharia law is officially recognised by the justice system in Israel in matters of personal status of Muslims if they choose a sharia court, e.g., marriage, divorce, guardianship.) Judges' salaries are paid by the state.[160] Lebanon also incorporates sharia law for Muslims in family matters.[161] Some states in northern Nigeria have reintroduced sharia courts.[162] In practice the new sharia courts in Nigeria have most often meant the reintroduction of harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include amputation of one/both hands for theft and stoning for adultery.[163]

Many, including the European Court of Human Rights, consider the punishments prescribed by sharia in some countries to be barbaric and cruel. Islamic scholars argue that, if implemented properly, the punishments serve as a deterrent to crime.[164] In international media, practices by countries applying Islamic law have fallen under considerable criticism at times. This is particularly the case when the sentence carried out is seen to greatly tilt away from established standards of international human rights. This is true for the application of the death penalty for the crimes of adultery, blasphemy, apostasy and homosexuality, amputations for the crime of theft, and flogging for fornication or public intoxication.[165] A bill proposed by lawmakers in the Indonesian province of Aceh would implement sharia law for all non-Muslims, the armed forces and law enforcement officers, a local police official has announced.[clarification needed] The news comes two months after the Deutsche Presse-Agentur warned of "Taliban-style Islamic police terrorizing Indonesia's Aceh".[166][167][168]
[edit] Contemporary issues The neutrality of this section is disputed. Please see the discussion on the talk page. Please do not remove this message until the dispute is resolved. (November 2010)

[edit] Democracy Further information: Islamic ethics, Islam and democracy, Shura, and Ijma

On the one hand, there is much common ground between sharia and democracy: for example, both value electoral procedure.[169] On the other hand, official institutions in democratic countries, such as the European Court of Human Rights, argue that sharia is incompatible with a democratic state. Legal scholar L. Ali Khan concludes "that constitutional orders founded on the principles of sharia are fully compatible with democracy, provided that religious minorities are protected and the incumbent Islamic leadership remains committed to the right to recall".[170][171] Western courts have criticized sharia. In 1998 the Constitutional Court of Turkey banned and dissolved Turkey's Refah Party on the grounds that the "rules of sharia", which Refah sought to introduce, "were incompatible with the democratic regime," stating that "Democracy is the antithesis of sharia." On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy".[172][173][174] Refah's sharia-based notion of a "plurality of legal systems, grounded on religion" was ruled to contravene the European Convention for the Protection of Human Rights and Fundamental Freedoms. It was determined that it would "do away with the State's role as the guarantor of individual rights and freedoms" and "infringe the principle of non-discrimination between individuals as regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy".[175]
[edit] Human rights
[edit] Cairo Declaration on Human Rights in Islam

Several major, predominantly Muslim countries criticized the Universal Declaration of Human Rights (UDHR) for its perceived failure to take into account the cultural and religious context of non-Western countries. Iran claimed that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law. Therefore in 1990 the Organisation of the Islamic Conference, a group representing all Muslim majority nations, adopted the Cairo Declaration on Human Rights in Islam. Ann Elizabeth Mayer points to notable absences from the Cairo Declaration: provisions for democratic principles, protection for religious freedom, freedom of association and freedom of the press, as well as equality in rights and equal protection under the law. Article 24 of the Cairo declaration states that "all the rights and freedoms stipulated in this Declaration are subject to the Islamic shari'a".[176] Professor H. Patrick Glenn asserts that the European concept of human rights developed in reaction to an entrenched hierarchy of class and privilege contrary to, and rejected by, Islam. As implemented in sharia law, protection for the individual is defined in terms of mutual obligation rather than human rights. The concept of human rights, as applied in the European framework, is therefore unnecessary and potentially destructive to Islamic societies.[177] Many secularist, human rights, and leading organisations have criticized Islamic states' stance on human rights. In 2009, the journal Free Inquiry summarized this criticism in an editorial: "We are deeply concerned with the changes to the Universal Declaration of Human Rights by a coalition of Islamic states within the United Nations that wishes to prohibit any criticism of religion and would thus protect Islam's limited view of human rights. In view of the conditions inside the Islamic Republic of Iran, Egypt, Pakistan, Saudi Arabia, the Sudan, Syria, Bangdalesh, Iraq, and Afghanistan, we should expect that at the top of their human rights agenda would be to rectify the legal inequality of women, the suppression of political dissent, the curtailment of free expression, the persecution of ethnic minorities and religious dissenters in short, protecting their citizens from egregious human rights violations. Instead, they are worrying about protecting Islam."[178]
[edit] Freedom of speech See also: Islamic ethics#Freedom of expression, Jyllands-Posten Muhammad cartoons controversy, Blasphemy laws of the Islamic Republic of Iran, and Blasphemy law in Pakistan

Qadi 'Iyad argues that sharia does not allow freedom of speech in such matters as criticism of Muhammad. Such criticism is blasphemy and punishable by death. Slander, gossip, and backbiting, or "ghiba" is regarded as a major sin. [179]
[edit] Homosexuality Main article: Homosexuality and Islam

Homosexual activity is illegal under sharia, though the prescribed penalties differ from one school of jurisprudence to another. For example, these Muslim-majority countries may impose the death penalty for sodomy and homosexual activities: Iran,[180] Nigeria,[181] Saudi Arabia,[182] Somalia.[183] In contrast, in some Muslim-majority countries such as Indonesia (outside of Aceh province),[184] Jordan, Egypt and Iraq, same-sex sexual acts are illegal but

there is no specific penalty.[185][original research?]. In Turkey, homosexual acts in private between consenting individuals are legal.
[edit] Women Main article: Women in Islam

In terms of religious obligations, such as certain elements of prayer, payment of the zakat poor-tax, observance of the Ramadan fast, and the Hajj pilgrimage, women are treated no differently from men. There are, however, some exceptions made in the case of prayers and fasting, as women are relieved from the duty of the five daily prayers or fasting during their menstruation.[citation needed] There are no priests or clergy needed in order to perform rites and sacraments in Islam. The leader of prayer is known as an imam. Men can lead both men and women in prayer, but women do not traditionally lead men in prayer.[186] In practice, it is much more common for men to be scholars than women, however in the early days of Islam, female scholars were much more common.[187] Islam does not prohibit women from working, as it says, "Treat your women well and be kind to them for they are your partners and committed helpers."[188] Married women may seek employment although it is often thought in patriarchal societies that the woman's role as a wife and mother should have first priority.[citation needed] Islam unequivocally allows both single and married women to own property in their own right.[189] Islam grants women the right to inherit property from other family members, and these rights are detailed in the Quran. A woman's inheritance is different from a man's, both in quantity and attached obligations.[Qur'an 4:12] For instance, a daughter's inheritance is usually half that of her brothers.[Qur'an 4:11] Sharia law requires family members females or males to support each other as needed; compare female inheritance in Salic law. Men are fully obliged to financially maintain their household, whereas women are not; it is often said that even if the woman is a millionaire and he is poor, he is still obliged to spend on her. She is not obliged to share her wealth with her husband unless she does so out of kindness.[citation needed] Islamic jurists have traditionally held that Muslim women may enter into marriage with only Muslim men,[190] although some contemporary jurists question the basis of this restriction.[190][191][192] On the other hand, the Quran allows a Muslim man to marry a chaste woman from the People of the Book, a term that includes Jews, Sabians, and Christians.[190][Qur'an 5:5] However, fiqh law[which?] has held that it is makruh (reprehensible) for a Muslim man to marry a non-Muslim woman in a non-Muslim country.[190] In 2003, a Malaysian court ruled that, under sharia law, a man may divorce his wife via text messaging as long as the message was clear and unequivocal.[193] The divorced wife always keeps her dowry from when she was married, and is given child support until the age of weaning. The mother is usually granted custody of the child.[101] If the couple has divorced fewer than three times (meaning it is not a final divorce) the wife also receives spousal support for three menstrual cycles after the divorce, until it can be determined whether she is pregnant.[102]
See also: Ma malakat aymanukum
[why?]

[edit] Women's rights Status of women under Islamic law prior to the 19th century

Islamic law grants women some legal rights they did not have under Western legal systems until the 19th and 20th centuries.[194] Noah Feldman, a Harvard University law professor, has noted: As for sexism, the common law long denied married women any property rights or indeed legal personality apart from their husbands. When the British applied their law to Muslims in place of shariah, as they did in some colonies, the result was to strip married women of the property that Islamic law had always granted them hardly progress toward equality of the sexes.[195]
Status of women under Islamic law since the 19th century

Some argue[weasel words] that at this point in history the aforementioned exploration of freedom is no longer true that is to say that whilst it is arguable that women had more extensive legal rights under Islamic law than they did under Western legal systems in the past, it is no longer true today.[196]
[edit] Slavery and emancipation Main article: Islam and slavery

The major juristic schools of Islam have traditionally accepted the institution of slavery. However, Islam has prescribed five ways to free slaves, has severely chastised those who enslave free people, and regulated the slave trade. The source of slaves was restricted to war in preference to killing whole tribes en masse, as was the tradition at the time. Slaves also had more rights under Islam as an owner could not mistreat them. Many slaves were freed after a certain period of time, if they accepted to convert to Islam, or if they were ransomed.
[edit] Sharia and non-Muslims Main article: Dhimmi

Based on Quranic verses and Islamic traditions, classical sharia distinguishes between Muslims, followers of other Abrahamic monotheistic religions, and pagans or people belonging to other polytheistic religions. As monotheists, Jews and Christians have traditionally been considered "People of The Book," and afforded a special status known as dhimmi derived from a theoretical contract - "dhimma" or "residence in return for taxes". There are parallels for this in Roman and Jewish law.[197] Hindus were originally considered pagans and given the choice between conversion to Islam and death (or slavery), as pagans are not afforded the rights and protections of the dhimma contract.[198] By the Middle Ages, the Hindus and Buddhists of India had come to be considered dhimmis by their Muslim rulers.[199] Eventually, the largest school of Islamic scholarship applied this term to all nonMuslims living in Islamic lands outside the sacred area surrounding Mecca, Saudi Arabia.[200]

Non-Muslims protesting against sharia.

Classical sharia attributes different legal rights and obligations to different religious groups; in practice, this consisted of curbs on the rights and freedoms of non-Muslims.[201] However, the classical dhimma contract is no longer enforced. Western influence has been instrumental in eliminating the restrictions and protections of the dhimma contract, thereby contributing to the current state of relations between Muslims and non-Muslims living in Islamic lands.[202] According to law professor H. Patrick Glenn of the Canadian McGill University, located in Montreal, Quebec, "Today it is said that the dhimmi are 'excluded from the specifically Muslim privileges, but on the other hand they are excluded from the specifically Muslim duties' while (and here there are clear parallels with western public and private law treatment of aliens Fremdenrecht, la condition de estrangers), [f]or the rest, the Muslim and the dhimmi are equal in practically the whole of the law of property and of contracts and obligations."[203] Classical sharia incorporated the religious laws and courts of Christians, Jews and Hindus, as seen in the early Caliphate, Al-Andalus, Indian subcontinent, and the Ottoman Millet system.[204][205] In medieval Islamic societies, the qadi (Islamic judges) usually could not interfere in the matters of non-Muslims unless the parties voluntarily choose to be judged according to Islamic law, thus the dhimmi communities living in Islamic states usually had their own laws independent from the sharia law, such as the Jews who would have their own Halakha courts.[206] These courts did not cover cases involved other religious groups, or capital offences or threats to public order. By the 18th century, however, dhimmis frequently attended the Ottoman Muslim courts, where cases were taken against them by Muslims, or they took cases against Muslims or other dhimmis. Oaths sworn by dhimmis in these courts tailored to their beliefs.[207] Non-Muslims were allowed to engage in certain practices (such as the consumption of alcohol and pork) that were usually forbidden by Islamic law. Zoroastrian "self-marriages", that were considered incestuous under sharia, were also tolerated. Ibn Qayyim (12921350) opined that non-Muslims were entitled to such practices since they could not be presented to sharia courts and the religious minorities in question held it permissible. This ruling was based on the precedent that the prophet Muhammad did not forbid such self-marriages among Zoroastrians despite coming into contact with Zoroastrians and knowing about this practice.[208] Religious minorities were also free to do whatever they wished in their own

homes, provided they did not publicly engage in illicit sexual activity in ways that could threaten public morals.[209]

[edit] Parallels with Western legal systems

[edit] Comparisons with common law

Parallels to common law concepts are found in classical Islamic law and jurisprudence including ratio decidendi (illah). Several fundamental common law institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence, and introduced to England after the Norman conquest of England by the Normans, who conquered and inherited the Islamic legal administration of the Emirate of Sicily, and also by Crusaders during the Crusades. In particular, the "royal English contract protected by the action of debt is identified with the Islamic Aqd, the English assize of novel disseisin is identified with the Islamic Istihqaq, and the English jury is identified with the Islamic Lafif."[citation needed] The English trust and agency institutions in common law were possible adapted from the Islamic Waqf and Hawala institutions respectively during the Crusades. It is worth noting, however, that transferring property to another for the "use" of another developed largely in response to the requirements of feudal inheritance law. Trust law, in particular, is a creature of equity which derived from the parallel jurisdiction of the Lord Chancellor to decide matters independently to the Royal Courts. Other English legal institutions such as "the scholastic method, the license to teach", the "law schools known as Inns of Court in England and Madrasas in Islam and the "European commenda" (Islamic Qirad) may have also originated from Islamic law. The methodology of legal precedent and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems. These similarities and influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".[210]
[edit] Comparisons with civil law

One of the institutions developed by classical Islamic jurists that influenced civil law was the Hawala, an early informal value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the Aval in French civil law and the Avallo in Italian law.[66] The "European commenda" limited partnerships (Islamic Qirad) used in civil law as well as the civil law conception of res judicata may also have origins in Islamic law. [65]
[edit] International law

Islamic law also made "major contributions" to international admiralty law, departing from the previous Roman and Byzantine maritime laws in several ways.[211][212] These included Muslim sailors being "paid a fixed wage "in advance" with an understanding that they would owe money in the event of desertion or malfeasance, in keeping with Islamic conventions" in which contracts should specify "a known fee for a known duration", in contrast to Roman and Byzantine sailors who were "stakeholders in a maritime venture, in as much as captain and crew, with few exceptions, were paid proportional divisions of a sea venture's profit, with shares allotted by rank, only after a voyage's successful conclusion." Muslim jurists also

distinguished between "coastal navigation, or cabotage," and voyages on the "high seas", and they also made shippers "liable for freight in most cases except the seizure of both a ship and its cargo." Islamic law also "departed from Justinian's Digest and the Nomos Rhodion Nautikos in condemning slave jettison", and the Islamic Qirad was also a precursor to the European commenda limited partnership. The "Islamic influence on the development of an international law of the sea" can thus be discerned alongside that of the Roman influence.[211]
[edit] Legal education Main articles: Madrasah and Ijazah

The origins of the Ijazah dates back to the ijazat attadris wa 'l-ifttd ("license to teach and issue legal opinions") in the medieval Islamic legal education system, which was equivalent to the Doctor of Laws qualification and was developed during the 9th century after the formation of the Madh'hab legal schools. To obtain a doctorate, a student "had to study in a guild school of law, usually four years for the basic undergraduate course" and ten or more years for a post-graduate course. The "doctorate was obtained after an oral examination to determine the originality of the candidate's theses," and to test the student's "ability to defend them against all objections, in disputations set up for the purpose," which were scholarly exercises practiced throughout the student's "career as a graduate student of law." After students completed their post-graduate education, they were awarded doctorates giving them the status of faqih (meaning "master of law"), mufti (meaning "professor of legal opinions") and mudarris (meaning "teacher"), which were later translated into Latin as magister, professor and doctor respectively.[213]
[edit] Role in economic development and corporate law

Sharia classically recognizes only natural persons, and never developed the concept of a legal person, or corporation, i.e., a legal entity that limits the liabilities of its managers, shareholders, and employees; exists beyond the lifetimes of its founders; and that can own assets, sign contracts, and appear in court through representatives.[214] Thus, sharia has no native tradition of corporate law. This, combined with egalitarian rules of inheritance for male descendants (compare with primogeniture), hindered the concentration of wealth and the development of larger and more sophisticated enterprises, according to Timur Kuran of American Duke University, located in Durham, North Carolina. Prohibitions on interest, or "riba" also disadvantaged Muslims vis--vis non-Muslim minorities in accessing banks and insurance when these services were first introduced by Westerners. Interest prohibitions, also imposed secondary costs by discouraging record keeping, and delaying the introduction of modern accounting.[215] Such factors, according to Kuran, have played a significant role in retarding economic development in the Middle East.[216] Though, it is argued, the West caught up in the economic crises at the outset of the 21st century when many of the aforementioned economic policies backfired on a global scale and threatened to bankrupt entire countries.
[edit] Qanun

After the fall of the Abbasids in 1258, a practice known to the Turks and Mongols transformed itself into Qanun, which gave power to caliphs, governors, and sultans alike to "make their own regulations for activities not addressed by the sharia."[217] The Qanun began to unfold as early as Umar I (586-644 CE).[217] Many of the regulations covered by Qanun

were based on financial matters or tax systems adapted through the law and regulations of those territories Islam conquered.[217] Qanun in Arabic means law or rules.

Islam
From Wikipedia, the free encyclopedia For other uses, see Islam (disambiguation).

The Kaaba, in Mecca, Saudi Arabia, is the center of Islam. Muslims from all over the world gather there to pray in unity.

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This article contains Arabic text, written from right to left in a cursive style with some letters joined. Without proper rendering support, you may see unjoined Arabic letters written left-toright instead of right-toleft or other symbols instead of Arabic script.

Islam (English / zl m/;[note 1] Arabic: al- isl m IPA: [ s l m] ( listen)[note 2] ) is the monotheistic religion articulated by the Quran, a text considered by its adherents to be the verbatim word of God (Arabic: All h), and by the teachings and normative example (called the Sunnah and composed of Hadith) of Muhammad, considered by them to be the last prophet of God. An adherent of Islam is called a Muslim.

Muslims believe that God is one and incomparable and the purpose of existence is to worship God.[1][2] Muslims also believe that Islam is the complete and universal version of a primordial faith that was revealed at many times and places before, including through Abraham, Moses and Jesus, whom they consider prophets .[3] Muslims maintain that previous messages and revelations have been partially changed or corrupted over time,[4] but consider the Qur'an to be both the unaltered and the final revelation of God.[5] Religious concepts and practices include the five pillars of Islam, which are basic concepts and obligatory acts of worship, and following Islamic law, which touches on virtually every aspect of life and society, providing guidance on multifarious topics from banking and welfare, to warfare and the environment.[6][7] Most Muslims belong to one of two denominations; with 80-90% being Sunni and 10-20% being Shia.[8][9][10] About 13% of Muslims live in Indonesia, the largest Muslim country,[11] 25% in South Asia,[11] 20% in the Middle East,[12] 2% in Central Asia, 4% in the remaining South East Asian countries, and 15% in Sub-saharan Africa.[13] Sizable communities are also found in China and Russia, and parts of Europe. Converts and immigrant communities are found in almost every part of the world (see Islam by country). With about 1.41-1.57 billion Muslims, comprising about 21-23% of the world's population,[13][14] Islam is the secondlargest religion and one of the fastest-growing religions in the world.[15][16]

Contents
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1 Etymology and meaning 2 Articles of faith o 2.1 God o 2.2 Angels o 2.3 Revelations o 2.4 Prophets o 2.5 Resurrection and judgment o 2.6 Predestination 3 Five pillars o 3.1 Testimony o 3.2 Prayer o 3.3 Fasting o 3.4 Alms-giving o 3.5 Pilgrimage 4 Law and jurisprudence o 4.1 Jurists o 4.2 Etiquette and diet o 4.3 Family life o 4.4 Government o 4.5 Military 5 History o 5.1 Muhammad (610 632) o 5.2 Rise of the caliphate and civil war (632 750) o 5.3 "Golden Age" (750 1258) o 5.4 Decentralization o 5.5 Political decline and revival movements

y y

y y

y y

o 5.6 Modern times 6 Denominations o 6.1 Sunni o 6.2 Shia o 6.3 Sufism o 6.4 Minor denominations 7 Demographics 8 Culture o 8.1 Architecture o 8.2 Art o 8.3 Calendar 9 See also 10 References o 10.1 Notes o 10.2 Citations o 10.3 Books and journals  10.3.1 Encyclopedias 11 Further reading 12 External links

Etymology and meaning

Islam is a verbal noun originating from the triliteral root s-l-m which forms a large class of words mostly relating to concepts of wholeness, completion and bonding/joining.[17] In a religious context it means "voluntary submission to God". [18][19] Muslim, the word for an adherent of Islam, is the active participle of the same verb of which Isl m is the infinitive. Believers demonstrate submission to God by worshipping God and following his commands, and rejecting polytheism. The word sometimes has distinct connotations in its various occurrences in the Qur'an. In some verses (ayat), there is stress on the quality of Islam as an internal conviction: "Whomsoever God desires to guide, He expands his breast to Islam."[20] Other verses connect isl m and d n (usually translated as "religion"): "Today, I have perfected your religion (d n) for you; I have completed My blessing upon you; I have approved Islam for your religion."[21] Still others describe Islam as an action of returning to Godmore than just a verbal affirmation of faith.[22] Another technical meaning in Islamic thought is as one part of a triad of islam, im n (faith), and ihs n (excellence) where it represents acts of worship (`ib dah) and Islamic law (sharia).[23]

Articles of faith
Main articles: Aqidah and Iman God Main article: God in Islam

Allah means God in Arabic

Islam's most fundamental concept is a rigorous monotheism, called tawh d (Arabic: ). God is described in chapter 112 of the Qur'an as:[24] "Say: He is God, the One and Only; God, the Eternal, Absolute; He begetteth not, nor is He begotten; And there is none like unto Him." (112:1-4) Muslims repudiate the Christian doctrine of the Trinity and divinity of Jesus, comparing it to polytheism, but accept Jesus as a prophet. In Islam, God is beyond all comprehension and Muslims are not expected to visualize God. God is described and referred to by certain names or attributes, the most common being Al-Rahm n, meaning "The Compassionate" and Al-Rah m, meaning "The Merciful" (See Names of God in Islam).[25] Muslims believe that creation of everything in the universe is brought into being by Gods sheer command Be and so it is.[8][26] and that the purpose of existence is to worship God.[2][27] He is viewed as a personal God who responds whenever a person in need or distress calls Him.[8][28] There are no intermediaries, such as clergy, to contact God who states We are nearer to him than (his) jugular vein[29] All h is the term with no plural or gender used by Muslims and Arabic speaking Christians and Jews meaning the one God, while il h (Arabic: ) is the term used for a deity or a god in general.[30] Other non-Arab Muslims might use different names as much as Allah, for instance "Tanr " in Turkish or "Khod " in Persian.
Angels Main article: Islamic view of angels

Belief in angels is fundamental to the faith of Islam. The Arabic word for angel (Arabic: malak) means "messenger", like its counterparts in Hebrew (malakh) and Greek (angelos). According to the Qur'an, angels do not possess free will, and worship God in total obedience.[31] Angels' duties include communicating revelations from God, glorifying God, recording every person's actions, and taking a person's soul at the time of death. They are also thought to intercede on man's behalf. The Qur'an describes angels as "messengers with wingstwo, or three, or four (pairs): He [God] adds to Creation as He pleases..."[32]
Revelations Main articles: Islamic holy books and Qur'an See also: History of the Qur'an

The first sura in a Qur'anic manuscript by Hattat Aziz Efendi

The Islamic holy books are the records which most Muslims believe were dictated by God to various prophets. Muslims believe that parts of the previously revealed scriptures, the Tawrat (Torah) and the Injil (Gospels), had become distortedeither in interpretation, in text, or both.[4] The Qur'an (literally, Reading or Recitation) is viewed by Muslims as the final revelation and literal Word of God and is widely regarded as the finest piece of literature work in the Arabic language.[33][34][35] Muslims believe that the verses of the Qur'an were revealed to Muhammad by God through the archangel Gabriel (Jibr l). On many occasions between 610 and his death on June 8, 632.[36] The Qur'an was reportedly written down by Muhammad's companions (sahabah) while he was alive, although the prime method of transmission was orally. It was compiled in the time of Abu Bakr, the first caliph, and was standardized under the administration of Uthman, the third caliph. The Qur'an is divided into 114 suras, or chapters, which combined, contain 6,236 y t, or verses. The chronologically earlier suras, revealed at Mecca, are primarily concerned with ethical and spiritual topics. The later Medinan suras mostly discuss social and moral issues relevant to the Muslim community.[37] The Qur'an is more concerned with moral guidance than legal instruction, and is considered the "sourcebook of Islamic principles and values".[38] Muslim jurists consult the hadith, or the written record of Prophet Muhammad's life, to both supplement the Qur'an and assist with its interpretation. The science of Qur'anic commentary and exegesis is known as tafsir.[39] When Muslims speak in the abstract about "the Qur'an", they usually mean the scripture as recited in Arabic rather than the printed work or any translation of it. To Muslims, the Qur'an is perfect only as revealed in the original Arabic; translations are necessarily deficient because of language differences, the fallibility of translators, and the impossibility of preserving the original's inspired style. Translations are therefore regarded only as commentaries on the Qur'an, or "interpretations of its meaning", not as the Qur'an itself.[40]

Prophets Hadith collections

[show]Sunni [show]Shi'a [show]Ibadi [show]Mu'tazili This box: view talk edit Main article: Prophets of Islam

Muslims identify the prophets of Islam (Arabic: nab ) as those humans chosen by God to be his messengers. According to the Qur'an [41] the descendants of Abraham and Imran were chosen by God to bring the "Will of God" to the peoples of the nations. Muslims believe that prophets are human and not divine, though some are able to perform miracles to prove their claim. Islamic theology says that all of God's messengers preached the message of Islam submission to the Will of God. The Qur'an mentions the names of numerous figures considered prophets in Islam, including Adam, Noah, Abraham, Moses and Jesus, among others.[42] Muslims believe that God finally sent Muhammad (Seal of the Prophets) to convey the divine message to the whole world (to sum up and to finalize the word of God). In Islam, the "normative" example of Muhammad's life is called the Sunnah (literally "trodden path"). This example is preserved in traditions known as hadith ("reports"), which recount his words, his actions, and his personal characteristics. The classical Muslim jurist ash-Shafi'i (d. 820) emphasized the importance of the Sunnah in Islamic law, and Muslims are encouraged to emulate Muhammad's actions in their daily lives. The Sunnah is seen as crucial to guiding interpretation of the Qur'an. Six of these collections, compiled in the 3rd century AH (9th century CE), came to be regarded as especially authoritative by the largest group in Isl m, the Sunnites. Another large group, the Sh ah, has its own ad th contained in four canonical collections.[8]
Resurrection and judgment Main article: Qiyama

) is also crucial for Belief in the "Day of Resurrection", Yawm al-Qiy mah (Arabic: Muslims. They believe the time of Qiy mah is preordained by God but unknown to man. The trials and tribulations preceding and during the Qiy mah are described in the Qur'an and the

hadith, and also in the commentaries of scholars. The Qur'an emphasizes bodily resurrection, a break from the pre-Islamic Arabian understanding of death.[43] On Yawm al-Qiy mah, Muslims believe all mankind will be judged on their good and bad deeds. The Qur'an lists several sins that can condemn a person to hell, such as disbelief (Arabic: Kufr), and dishonesty; however, the Qur'an makes it clear God will forgive the sins of those who repent if He so wills.[44] Good deeds, such as charity and prayer, will be rewarded with entry to heaven. Muslims view heaven as a place of joy and bliss, with Qur'anic references describing its features and the physical pleasures to come. Mystical traditions in Islam place these heavenly delights in the context of an ecstatic awareness of God.[45] Yawm al-Qiy mah is also identified in the Qur'an as Yawm ad-D n (Arabic: ), "Day of [46] [47] ), "the Last Hour"; and al-Q ri ah (Arabic: ), Religion"; as-s ah (Arabic: "The Clatterer."[48]
Predestination Main article: Predestination in Islam

In accordance with the Islamic belief in predestination, or divine preordainment (al-qad wa'l-qadar), God has full knowledge and control over all that occurs. This is explained in Qur'anic verses such as "Say: 'Nothing will happen to us except what Allah has decreed for us: He is our protector'..."[49] For Muslims, everything in the world that occurs, good or evil, has been preordained and nothing can happen unless permitted by God. According to Muslim theologians, although events are pre-ordained, man possesses free will in that he has the faculty to choose between right and wrong, and is thus responsible for his actions. According to Islamic tradition, all that has been decreed by God is written in al-Lawh al-Mahf z, the "Preserved Tablet".[50]

Five pillars
Main article: Five Pillars of Islam

The Pillars of Islam (arkan al-Islam; also arkan ad-din, "pillars of religion") are five basic acts in Islam, considered obligatory for all believers. The Quran presents them as a framework for worship and a sign of commitment to the faith. They are (1) the shahadah (creed), (2) daily prayers (salat), (3) almsgiving (zakah), (4) fasting during Ramadan and (5) the pilgrimage to Mecca (hajj) at least once in a lifetime. The Shia and Sunni sects both agree on the essential details for the performance of these acts.[51]
Testimony Main article: Shahadah

The Shahadah,[52] which is the basic creed of Islam that must be recited under oath with the specific statement: "'a hadu 'al-l il ha ill -ll hu wa 'a hadu 'anna mu ammadan ras lull h", or "I testify there are no gods other than God alone and I testify that Muhammad is the Messenger of God." This testament is a foundation for all other beliefs and practices in Islam. Muslims must repeat the shahadah in prayer, and non-Muslims wishing to convert to Islam are required to recite the creed.[53]

Prayer Main article: Salah See also: Mosque

Muslims praying

Ritual prayers, called al h or al t (Arabic: ), must be performed five times a day. Salah is intended to focus the mind on God, and is seen as a personal communication with him that expresses gratitude and worship. Salah is compulsory but flexibility in the specifics is allowed depending on circumstances. The prayers are recited in the Arabic language, and consist of verses from the Qur'an.[54] A mosque is a place of worship for Muslims, who often refer to it by its Arabic name, masjid. The word mosque in English refers to all types of buildings dedicated to Islamic worship, although there is a distinction in Arabic between the smaller, privately owned mosque and the larger, "collective" mosque (masjid j mi`).[55] Although the primary purpose of the mosque is to serve as a place of prayer, it is also important to the Muslim community as a place to meet and study. Modern mosques have evolved greatly from the early designs of the 7th century, and contain a variety of architectural elements such as minarets.[56]
Fasting Main article: Sawm Further information: Sawm of Ramadan

Fasting, (Arabic: awm), from food and drink (among other things) must be performed from dawn to dusk during the month of Ramadhan. The fast is to encourage a feeling of nearness to God, and during it Muslims should express their gratitude for and dependence on him, atone for their past sins, and think of the needy. Sawm is not obligatory for several groups for whom it would constitute an undue burden. For others, flexibility is allowed depending on circumstances, but missed fasts usually must be made up quickly.[57]
Alms-giving Main articles: Zakat and Sadaqah

"Zak t" (Arabic: zak h "alms") is giving a fixed portion of accumulated wealth by those who can afford it to help the poor or needy, and also to assist the spread of Islam. It is considered a religious obligation (as opposed to voluntary charity) that the well-off owe to the needy because their wealth is seen as a "trust from God's bounty". The Qur'an and the

hadith also suggest a Muslim give even more as an act of voluntary alms-giving ( adaqah).[58]

The Kaaba during Hajj Pilgrimage Main article: Hajj

The pilgrimage, called the ajj (Arabic: a ) during the Islamic month of Dhu alHijjah in the city of Mecca. Every able-bodied Muslim who can afford it must make the pilgrimage to Mecca at least once in his or her lifetime. Rituals of the Hajj include walking seven times around the Kaaba, touching the black stone if possible, walking or running seven times between Mount Safa and Mount Marwah, and symbolically stoning the Devil in Mina.[59]

Law and jurisprudence

Main articles: Sharia and Fiqh

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vde

The Sharia (literally "the path leading to the watering place") is Islamic law formed by traditional Islamic scholarship, which most Muslim groups adhere to. In Islam, Sharia is the expression of the divine will, and "constitutes a system of duties that are incumbent upon a Muslim by virtue of his religious belief".[60] Islamic law covers all aspects of life, from matters of state, like governance and foreign relations, to issues of daily living. The Qur'an defines hudud as the punishments for five specific crimes: unlawful intercourse, false accusation of unlawful intercourse, consumption of alcohol, theft, and highway robbery. The Qur'an and Sunnah also contain laws of inheritance, marriage, and restitution for injuries and murder, as well as rules for fasting, charity, and prayer. However, these prescriptions and prohibitions may be broad, so their application in practice varies. Islamic scholars (known as ulema) have elaborated systems of law on the basis of these rules and their interpretations.[61] Over the years there have been changing views on Islamic law but many such as Zahiri and Jariri[clarification needed] have since died out.[62][63] Fiqh, or "jurisprudence", is defined as the knowledge of the practical rules of the religion. The method Islamic jurists use to derive rulings is known as usul al-fiqh ("legal theory", or "principles of jurisprudence"). According to Islamic legal theory, law has four fundamental roots, which are given precedence in this order: the Qur'an, the Sunnah (actions and sayings of Muhammad), the consensus of the Muslim jurists (ijma), and analogical reasoning (qiyas). For early Islamic jurists, theory was less important than pragmatic application of the law. In the 9th century, the jurist ash-Shafi'i provided a theoretical basis for Islamic law by codifying the principles of jurisprudence (including the four fundamental roots) in his book arRis lah.[64]

Jurists Main articles: Ulama, Sheikh, and Imam

Ottoman miniature painters

There are many terms in Islam to refer to religiously sanctioned positions of Islam, but "jurist" generally refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. In a broader sense, the term ulema is used to describe the body of Muslim clergy who have completed several years of training and study of Islamic sciences, such as a mufti, qadi, faqih, or muhaddith. Some Muslims include under this term the village mullahs, imams, and maulviswho have attained only the lowest rungs on the ladder of Islamic scholarship; other Muslims would say that clerics must meet higher standards to be considered ulema. Some Muslims practise ijtihad whereby they do not accept the authority of clergy.[65]
Etiquette and diet Main articles: Adab (behavior) and Islamic dietary laws

Many practices fall in the category of adab, or Islamic etiquette. This includes greeting others with "as-salamu `alaykum" ("peace be unto you"), saying bismillah ("in the name of God") before meals, and using only the right hand for eating and drinking. Islamic hygienic practices mainly fall into the category of personal cleanliness and health. Circumcision of male offspring is also practiced in Islam. Islamic burial rituals include saying the Salat alJanazah ("funeral prayer") over the bathed and enshrouded dead body, and burying it in a grave. Muslims are restricted in their diet. Prohibited foods include pork products, blood, carrion, and alcohol. All meat must come from a herbivorous animal slaughtered in the name of God by a Muslim, Jew, or Christian, with the exception of game that one has hunted or fished for oneself. Food permissible for Muslims is known as halal food.[66]
Family life See also: Women in Islam

Many Muslim women do not show their hair in public.

The basic unit of Islamic society is the family, and Islam defines the obligations and legal rights of family members. The father is seen as financially responsible for his family, and is obliged to cater for their well-being. The division of inheritance is specified in the Qur'an, which states that most of it is to pass to the immediate family, while a portion is set aside for the payment of debts and the making of bequests. With some exceptions, the woman's share of inheritance is generally half of that of a man with the same rights of succession.[67] Marriage in Islam is a civil contract which consists of an offer and acceptance between two qualified parties in the presence of two witnesses. The groom is required to pay a bridal gift (mahr) to the bride, as stipulated in the contract.[68] A man may have up to four wives if he believes he can treat them equally, while a woman may have only one husband. In most Muslim countries, the process of divorce in Islam is known as talaq, which the husband initiates by pronouncing the word "divorce". [69] Scholars disagree whether Islamic holy texts justify traditional Islamic practices such as veiling and seclusion (purdah). Starting in the 20th century, Muslim social reformers argued against these and other practices such as polygamy in Islam, with varying success. At the same time, many Muslim women have attempted to reconcile tradition with modernity by combining an active life with outward modesty. Certain Islamist groups like the Taliban have sought to continue traditional law as applied to women.[70]
Government Main articles: Political aspects of Islam, Islamic state, Islam and secularism, and Caliphate

Mainstream Islamic law does not distinguish between "matters of church" and "matters of state"; the scholars function as both jurists and theologians. In practice, Islamic rulers frequently bypassed the Sharia courts with a parallel system of so-called "Grievance courts" over which they had sole control.[citation needed] As the Muslim world came into contact with Western secular ideals, Muslim societies responded in different ways. Turkey has been governed as a secular state ever since the reforms of Mustafa Kemal Atatrk in 1923. In contrast, the 1979 Iranian Revolution replaced a mostly secular regime with an Islamic republic led by the Ayatollah Khomeini.[71]

Military Main articles: Jihad and Islamic military jurisprudence

Jihad means "to strive or struggle" (in the way of God) and is considered the "Sixth Pillar of Islam" by a minority of Sunni Muslim authorities.[72] Jihad, in its broadest sense, is classically defined as "exerting one's utmost power, efforts, endeavors, or ability in contending with an object of disapprobation." Depending on the object being a visible enemy, the devil, and aspects of one's own self (such as sinful desires), different categories of jihad are defined.[73] Jihad, when used without any qualifier, is understood in its military aspect.[74][75] Jihad also refers to one's striving to attain religious and moral perfection.[76] Some Muslim authorities, especially among the Shi'a and Sufis, distinguish between the "greater jihad", which pertains to spiritual self-perfection, and the "lesser jihad", defined as warfare.[77] Within Islamic jurisprudence, jihad is usually taken to mean military exertion against nonMuslim combatants in the defense or expansion of the Ummah. The ultimate purpose of military jihad is debated, both within the Islamic community and without, with some claiming that it only serves to protect the Ummah, with no aspiration of offensive conflict, whereas others have argued that the goal of Jihad is global conquest. Jihad is the only form of warfare permissible in Islamic law and may be declared against apostates, rebels, highway robbers, violent groups, and leaders or states who oppress Muslims or hamper proselytizing efforts.[78][79] Most Muslims today interpret Jihad as only a defensive form of warfare: the external Jihad includes a struggle to make the Islamic societies conform to the Islamic norms of justice.[80] Under most circumstances and for most Muslims, jihad is a collective duty (fard kifaya): its performance by some individuals exempts the others. Only for those vested with authority, especially the sovereign (imam), does jihad become an individual duty. For the rest of the populace, this happens only in the case of a general mobilization.[79] For most Shias, offensive jihad can only be declared by a divinely appointed leader of the Muslim community, and as such is suspended since Muhammad al-Mahdi's[81] occultation in 868 AD.[82]

History
Main articles: Muslim history and Spread of Islam Muhammad (610 632) Main article: Muhammad See also: Early social changes under Islam

Al-Masjid al-Nabawi (the Mosque of the Prophet) in Medina, Saudi Arabia, is the 2nd most sacred Mosque in Islam.

Muhammad (c. 570 June 8, 632) was a trader later becoming a religious, political, and military leader. However, Muslims do not view Muhammad as the creator of Islam, but instead regard him as the last messenger of God, through which the Qur'an was revealed. Muslims view Muhammad as the restorer of the original, uncorrupted monotheistic faith of Adam, Abraham, Moses, Jesus, and other prophets. In Muslim tradition, Muhammad is viewed as the last in a series of prophets.[83] For the last 22 years of his life, beginning at age 40 in 610 CE, Muhammad started receiving revelations that he believed to be from God. The content of these revelations, known as the Qur'an, was memorized and recorded by his companions.[84] During this time, Muhammad preached to the people of Mecca, imploring them to abandon polytheism. Although some converted to Islam, Muhammad and his followers were persecuted by the leading Meccan authorities. After 12 years of preaching, Muhammad and the Muslims performed the Hijra ("emigration") to the city of Medina (formerly known as Yathrib) in 622. There, with the Medinan converts (Ansar) and the Meccan migrants (Muhajirun), Muhammad established his political and religious authority. Within years, two battles had been fought against Meccan forces: the Battle of Badr in 624, which was a Muslim victory, and the Battle of Uhud in 625, which ended inconclusively. Conflict with Medinan Jewish clans who opposed the Muslims led to their exile, enslavement, or death, and the Jewish enclave of Khaybar was subdued. At the same time, Meccan trade routes were cut off as Muhammad brought surrounding desert tribes under his control.[85] By 629 Muhammad was victorious in the nearly bloodless Conquest of Mecca, and by the time of his death in 632 (at the age of 62) he united the tribes of Arabia into a single religious polity.[86]
Rise of the caliphate and civil war (632 750) Further information: Succession to Muhammad, Muslim conquests, and Battle of Karbala

With Muhammad's death in 632, disagreement broke out over who would succeed him as leader of the Muslim community. Umar ibn al-Khattab, a prominent companion of Muhammad, nominated Abu Bakr, who was Muhammad's companion and close friend. Others added their support and Abu Bakr was made the first caliph. Abu Bakr's immediate task was to avenge a recent defeat by Byzantine (or Eastern Roman Empire) forces, although he first had to put down a rebellion by Arab tribes in an episode known as the Ridda wars, or "Wars of Apostasy".[87]

The Muslim Caliphate, 750 CE

His death in 634 resulted in the succession of Umar as the caliph, followed by Uthman ibn alAffan and Ali ibn Abi Talib. These four are known as al-khulaf ' ar-r shid n ("Rightly Guided Caliphs"). Under them, the territory under Muslim rule expanded deeply into Persian and Byzantine territories.[88] When Umar was assassinated in 644, the election of Uthman as successor was met with increasing opposition. In 656, Uthman was also killed, and Ali assumed the position of caliph. After fighting off opposition in the first civil war (the "First Fitna"), Ali was assassinated by Kharijites in 661. Following this, Mu'awiyah, who was governor of Levant, seized power and began the Umayyad dynasty.[89] These disputes over religious and political leadership would give rise to schism in the Muslim community. The majority accepted the legitimacy of the three rulers prior to Ali, and became known as Sunnis. A minority disagreed, and believed that Ali was the only rightful successor; they became known as the Shi'a.[90] After Mu'awiyah's death in 680, conflict over succession broke out again in a civil war known as the "Second Fitna". Afterward, the Umayyad dynasty prevailed for seventy years, and was able to conquer the Maghrib and Al-Andalus (the Iberian Peninsula, former Visigothic Hispania) and the Narbonnese Gaul) in the west as well as expand Muslim territory into Sindh and the fringes of Central Asia.[91] The Umayyad aristocracy viewed Islam as a religion for Arabs only;[92] the economy of the Umayyad empire was based on the assumption that a majority of non-Muslims (Dhimmis) would pay taxes to the minority of Muslim Arabs. A non-Arab who wanted to convert to Islam was supposed to first become a client of an Arab tribe. Even after conversion, these new Muslims (mawali) did not achieve social and economic equality with the Arabs. The descendants of Muhammad's uncle Abbas ibn Abd al-Muttalib rallied discontented mawali, poor Arabs, and some Shi'a against the Umayyads and overthrew them with the help of their general Abu Muslim, inaugurating the Abbasid dynasty in 750.[93]
"Golden Age" (750 1258) Main article: Islamic Golden Age

The Great Mosque of Kairouan, established in 670 in Kairouan, Tunisia, represents one of the best architectural examples of Islamic civilization. [94]

Under the Abbasids, Islamic civilization flourished in the "Islamic Golden Age", with its capital at the cosmopolitan city of Baghdad.[95] Expansion of the Muslim world continued by both conquest and peaceful proselytism even as both Islam and Muslim trade networks were extending into sub-Saharan West Africa, Central Asia, Volga Bulgaria and the Malay

archipelago.[96] Many Muslims went to China to trade, virtually dominating the import and export industry of the Song Dynasty.[97] The major hadith collections were compiled. The Ja'fari jurisprudence was formed from the teachings of Ja'far al-Sadiq while the four modern Sunni Madh'habs, the Hanafi, Hanbali, Maliki and Shafi'i, were established around the teachings of Ab an fa, Ahmad bin Hanbal, Malik ibn Anas and al-Shafi'i respectively. Al-Shafi'i codified a method to establish the reliability of hadith, a topic which had been a locus of dispute among Islamic scholars.[98] Abbasid Caliphs such as Mamun al Rashid and Al-Mu'tasim made the mutazilite philosophy, a school of speculative theology called kalam, an official creed and imposed it upon Muslims to follow. Imam Hanbal and other traditionalists refused mutazilite doctrines and condemned their idea of the creation of the Quran. In inquisitions, particularly under Caliph Al-Mu'tasim, Imam Hanbal was tortured and sent to a dark Baghdad prison cell for nearly thirty months.[99] The other branch of kalam was the Ash'ari school founded by Abu al-Hasan al-Ash'ari. Philosophers Ibn Sina (Avicenna) and Al-Farabi sought to incorporate Greek principles into Islamic theology, while others like the 11th century theologian Abu Hamid al-Ghazzali argued against them and ultimately prevailed. [100] The spread of the Islamic dominion induced hostility among medieval ecclesiastical Christian authors who saw Islam as an adversary in the light of the large numbers of new Muslim converts. This opposition resulted in polemical treatises which depicted Islam as the religion of the antichrist and of Muslims as libidinous and subhuman.[101] Some devout Muslims began to question the piety of indulgence in a worldly life, emphasizing rather poverty, humility and avoidance of sin based on renunciation of bodily desires. Devout Muslim ascetic exemplars such as Hasan al-Basri would inspire a movement that would evolve into Sufism.[102] Beginning in the 13th century, Sufism underwent a transformation, largely as a result of the efforts of al-Ghazzali to legitimize and reorganize the movement. He developed the model of the Sufi ordera community of spiritual teachers and students.[103] Muhammad ibn Jarir al-Tabari and Ibn Kathir completed the most commonly cited commentaries on the Quran, the Tafsir al-Tabari in the 9th century and the Tafsir ibn Kathir in the 14th century, respectively. Government regulation was executed by inspectors called the muhtasib.[104] Public hospitals established during this time (called Bimaristan hospitals), are considered "the first hospitals" in the modern sense of the word[105] and issued the first medical diplomas to license doctors of medicine.[106][107] The Guinness Book of World Records recognizes the University of Al Karaouine as the oldest degree-granting university in the world with its founding in 859 CE.[108] The origins of the doctorate is argued to date back to the ijazat attadris wa 'l-ifttd ("license to teach and issue legal opinions") in madrasahs which taught law.[109] The first establishments for taking care of the mentally ill were also created in the Muslim world.[110] During this time, standards of experimental and quantification techniques were introduced to the scientific process to distinguish between competing theories as well as the tradition of citation. [111][112] Ibn Al-Haytham is regarded as the father of the modern scientific method and often referred to as the "worlds first true scientist."[113] In literature, the poet Rumi wrote some of the finest Persian poetry and is still the best selling poet in America.[114][115] Legal institutions introduced by Islamic law include the trust and charitable trust (Waqf).[116][117]

Decentralization

The interior of the Great Mosque of Crdoba, one of the finest examples of Ummayad architecture in Spain.

From the Berber Revolt (739/740-743) emerged some of the first Muslim states outside the Caliphate. In 836, Caliph Al-Mu'tasim moved the capital of the Caliphate from Baghdad to the new city of Samarra, which would remain the capital until 892 when it was returned to Baghdad by al-Mu'tamid. By 1055 the Seljuq Turks had eliminated the Abbasids as a military power, nevertheless they continued to respect the caliph's titular authority.[118] The Mongol Empire finally put an end to the Abbassid dynasty, killing its last Caliph at the Battle of Baghdad in 1258. Formidable, independent powers moved into new areas. The alliance of European Christian kingdoms mobilized to launch a series of wars, known as the Crusades, aimed at capturing the Holy Land, though initially successful, was reversed by subsequent Muslim generals such as Saladin, who recaptured Jerusalem in 1187.[119] In South Asia, the Ghaznavids conquered the Afghan-Persian region and a large part of the Indian subcontinent in the 10th century. In Europe, the Crimean Khanate was one of the strongest powers in Eastern Europe until the end of the 17th century. [120] In the 13th and 14th centuries the Ottoman Empire established itself after a string of conquests that included the Balkans, parts of Greece and the capture of Constantinople[121] and launched a European campaign which reached as far as the gates of Vienna in 1529.[122] Under Ottoman rule, many people in the Balkans became Muslim. While cultural styles used to radiate from Baghdad in the 9th century, the Mongol destruction of Baghdad led Egypt to become the Arab heartland while Central Asia went its own way and was experiencing another golden age. Iran made more ties with India, whose rulers chose the Persian language and Persian poetry rose to new heights while Arabic poetry was in state of decline. The Muslims in China who were descended from earlier immigration began to assimilate by speaking Chinese dialects and by adopting Chinese names and culture while mosque architecture began to follow traditional Chinese architecture.[123]

The Taj Mahal was built by Muslim rulers of the Mughal Empire in Agra, India.

In the early 16th century, the Safavid dynasty assumed control in Persia and established Shi'a Islam as an official religion there.
Political decline and revival movements

The Muslim world was generally in political decline, especially relative to the non-Islamic European powers. Large areas of Islamic Central Asia and northeastern Iran were seriously depopulated,[124] as every city or town that resisted the Mongols was subject to destruction. The Black Death ravaged much of the Islamic world in the mid-14th century.[125][126] This decline was evident culturally; while Taqi al-Din Muhammad ibn Ma'ruf founded a great observatory in Istanbul and the magnificent Jai Singh Observatory was built in the 18th century, there was not a single Muslim country with a major observatory by the twentieth century.[127] The Reconquista was launched against Muslim principalities in Iberia finally succeeded in 1492 and Muslim Italian possessions were lost to the Normans. By the 19th century the British Empire had formally ended the last Mughal dynasty,[128] and overthrew the Muslimruled Kingdom of Mysore. The Ottoman era came to a close at the end of World War I and the Caliphate was abolished in 1924.[129][130] During the 18th century a Salafi movement led by the preacher Ibn Abd al-Wahhab took hold in Saudi Arabia. Wahhabism is a fundamentalist ideology that condemns practices like Sufism and the veneration of saints as un-Islamic.[131] In the 19th century, the Deobandi and Barelwi movements were initiated.
Modern times Further information: Iranian revolution and Islamic revival

Contact with industrialized nations brought Muslim populations to new areas through economic migration. Many Muslims migrated as indentured servants, from mostly India and Indonesia to the Caribbean, forming the largest Muslim populations by percentage in the Americas.[132] Additionally, the resulting urbanization and increase in trade in Africa brought Muslims to settle in new areas and spread their faith. As a result, Islam in sub-Saharan Africa likely doubled between 1869 and 1914.[133] Muslim immigrants, many as guest workers, began arriving, largely from former colonies, into non-Muslim Western European nations in the 1960s and 1970s.

The Sultan Ahmet Mosque in Istanbul, Turkey.

New Muslim intellectuals are beginning to arise, and are increasingly separating perennial Islamic beliefs from archaic cultural traditions.[134] Liberal Islam is a movement that attempts to reconcile religious tradition with modern norms of secular governance and human rights. Its supporters say that there are multiple ways to read Islam's sacred texts, and stress the need to leave room for "independent thought on religious matters".[135] Women's issues receive a significant weight in the modern discourse on Islam because the family structure remains central to Muslim identity.[136] Also of issue is the assimilation of Muslim communities and Islamophobia in host countries.[137] Andrew Rippin states that while Muslims believe that Islam stands for both men and women, the social reality suggests otherwise.[136] Christopher Hitchens states that Islam is "dogmatic," and "the fact remains that Islam's core claim to be unimprovable and final is at once absurd." Such claims have been challenged by many Muslim scholars and writers including Fazlur Rahman Malik,[138] Syed Ameer Ali,[139] Ahmed Deedat,[140] Yusuf Estes and Tariq Ramadan. Islamist groups such as Jamaat-e-Islami in Pakistan and the Muslim Brotherhood in Egypt advocate Islam as a comprehensive political solution, often in spite of being banned in secular states such as in pre-2011 Egypt. In countries like Iran, revolutionary movement replaced secular regime with an Islamic state. In Turkey, the Islamist Justice and Development Party has democratically been in power for about a decade, while Islamist parties are expected to do well in elections following the Arab spring.[141] Jamal-al-Din alAfghani, who advocated for Pan-Islamic unity, along with his acolyte Muhammad Abduh have been credited as forerunners of the Islamic revival.[142] The Organisation of the Islamic Conference (OIC, now the Organisation of Islamic Cooperation), consisting of Muslim countries, was formally established in September 1969 after the burning of the Al-Aqsa Mosque in Jerusalem.[143] Piety appears to be deepening among Muslims worldwide.[144][145] Orthodox groups are sometimes well funded and are growing at the expense of traditional groups.[146] In some places, this is fueled by a dissatisfaction with the secular governments.[147] The prevalence of the Islamic veil is growing increasingly common[148] and the percentage of Muslims favoring Sharia laws has increased.[149] With religious guidance increasingly available electronically, Muslims are able to access views that are strict enough for them rather than rely state clerics who are often seen as stooges.[145] Some Muslim organizations began using the media to promote the message of Islam. The first Islamic satellite network hosting a 24-hour service worldwide was MTA International, established by the Ahmadiyya Muslim Community in

1994. Zakir Naik, head of the Islamic Research Foundation, established another 24-hour Islamic international TV channel (Peace TV) in 2006.[150]

Denominations
Main article: Islamic schools and branches

Distribution of Islamic schools and branches in areas where large Muslim population are found

Movements in Islam Sunni Main article: Sunni Islam

Sunni Muslims are the largest group in Islam, comprising the vast bulk (80-90%[8][10][151]) of the world's 1.5 billion Muslims, hence the title Ahl as-Sunnah wal-Jam ah (people of the tradition[16] and union). In Arabic language, as-Sunnah literally means "tradition" or "path". The Qur'an and the Sunnah (the example of Muhammad's life) as recorded in hadith are the primary foundations of Sunni doctrine. According to Sunni Islam, the "normative" example of Muhammad's life is called the Sunnah (literally "trodden path"). This example is preserved in traditions known as hadith ("reports"), which recount his words, his actions, and his personal characteristics. The classical Muslim jurist ash-Shafi'i (d. 820) emphasized the

importance of the Sunnah in Islamic law, and Muslims are encouraged to emulate Muhammad's actions in their daily lives. The Sunnah is seen as crucial to guiding interpretation of the Qur'an.[152] Two major hadith collections are Sahih Bukhari and Sahih Muslim. Sunnis believe that the first four caliphs were the rightful successors to Muhammad; since God did not specify any particular leaders to succeed him, those leaders had to be elected. Sunnis believe that a caliph should be chosen by the whole community.[151][153] There are four recognised madh'habs (schools of thought): Hanafi, Maliki, Shafi'i, and Hanbali. All four accept the validity of the others and a Muslim may choose any one that he or she finds agreeable.[154] The Salafi (also known as Ahl al-Hadith, or Wahhabi by its adversaries) is a ultra-orthodox Islamic movement which takes the first generation of Muslims as exemplary models.[155]
Shia Main article: Shia Islam

The Shi'a constitute 1020% of Islam and are its second-largest branch.[10][13] They believe in the political and religious leadership of Imams from the progeny of Ali ibn Abi Talib, who Shia's believe was the true successor after Muhammad. They believe that Ali ibn Abi Talib was the first Imam (leader), rejecting the legitimacy of the previous Muslim caliphs. To most Shias, an Imam rules by right of divine appointment and holds "absolute spiritual authority" among Muslims, having final say in matters of doctrine and revelation. Shias regard Ali as the prophet's true successor and believe that a caliph is appointed by divine will.[156] Although the Shi'as share many core practices with the Sunni, the two branches disagree over validity of specific collections of hadith, with Shias preferring hadiths attributed to the Ahl al-Bayt. Shia Islam has several branches, the largest of which is the Twelvers (i n a ariyya). Although the Shi'as share many core practices with the Sunni, the two branches disagree over the proper importance and validity of specific collections of hadith. The Twelver Shi'a follow a legal tradition called Ja'fari jurisprudence.[157] Other smaller groups include the Ismaili and Zaidi, who differ from Twelvers in both their line of successors and theological beliefs.[158] Other smaller branches include the Alawites and Alevi. Branches of Shia Islam which deviate from mainstream Shia doctrine are described by orthodox Shias as Ghulat.
Sufism Main article: Sufism

Sufi whirling dervishes in Istanbul, Turkey

Sufism is a mystical-ascetic approach to Islam that seeks to find divine love and knowledge through direct personal experience of God. By focusing on the more spiritual aspects of religion, Sufis strive to obtain direct experience of God by making use of "intuitive and emotional faculties" that one must be trained to use.[159] Sufism and Islamic law are usually considered to be complementary, although Sufism has been criticized by the Salafi sect for what they see as an unjustified religious innovation.[citation needed] Many Sufi orders, or tariqas, can be classified as either Sunni or Shi'a, but others classify themselves simply as 'Sufi'.[160][161]
Minor denominations
y y

y y

Ahmadiyya is an Messianic movement founded by Mirza Ghulam Ahmad that began in India in the late 19th century and is practiced by millions of people around the world.[162] The Berghouata were a late first millennium Berber sect who followed a syncretic religion inspired by Islam (perhaps influenced by Judaism)[163] with elements of Sunni, Shi'a and Kharijite Islam, mixed with astrological and heathen traditions. The Kharijites are a sect that dates back to the early days of Islam. The only surviving branch of the Kharijites is Ibadism. Unlike most Kharijite groups, Ibadism does not regard sinful Muslims as unbelievers. The Imamate is an important topic in Ibadi legal literature, which stipulates that the leader should be chosen solely on the basis of his knowledge and piety, and is to be deposed if he acts unjustly. Most Ibadi Muslims live in Oman, with a number of diasporic communities in Northern Africa.[164][165] The Quranists are Muslims who generally reject the Hadith and/or the Sunnah. Yazdnism is seen as a blend of local Kurdish beliefs and Islamic Sufi doctrine introduced to Kurdistan by Sheikh Adi ibn Musafir in the 12th century.

Demographics
Main articles: Muslim world and Ummah See also: List of countries by Muslim population

Muslim population by percentage worldwide

A comprehensive 2009 demographic study of 232 countries and territories reported that 23% of the global population or 1.57 billion people are Muslims. Of those, an estimated 8090% are Sunni and 1020% are Shi'a,[8][9][10] with a small minority belonging to other sects. Approximately 50 countries are Muslim-majority,[166] and Arabs account for around 20% of all Muslims worldwide.[167] Between 1900 and 1970 the global Muslim community grew

from 200 million to 551 million;[168] between 1970 and 2009 Muslim population increased more than three times to 1.57 billion. The majority of Muslims live in Asia and Africa.[169] Approximately 62% of the world's Muslims live in Asia, with over 683 million adherents in Indonesia, Pakistan, India, and Bangladesh.[170][171] In the Middle East, non-Arab countries such as Turkey and Iran are the largest Muslim-majority countries; in Africa, Egypt and Nigeria have the most populous Muslim communities.[172] Most estimates indicate that the People's Republic of China has approximately 20 to 30 million Muslims (1.5% to 2% of the population).[173][174][175][176] However, data provided by the San Diego State University's International Population Center to U.S. News & World Report suggests that China has 65.3 million Muslims.[177] Islam is the second largest religion after Christianity in many European countries,[178] and is slowly catching up to that status in the Americas, with between 2,454,000, according to Pew Forum, and approximately 7 million Muslims, according to the Council on American-Islamic Relations (CAIR), in the United States.[13][179]

Culture

The Blue Mosque in Afghanistan Main article: Islamic culture Architecture Main article: Islamic architecture

Perhaps the most important expression of Islamic art is architecture, particularly that of the mosque (four-iwan and hypostyle).[180] Through the edifices, the effect of varying cultures within Islamic civilization can be illustrated. The North African and Spanish Islamic architecture, for example, has Roman-Byzantine elements, as seen in the Great Mosque of Kairouan which contains marble and porphyry columns from Roman and Byzantine buildings,[181] in the Alhambra palace at Granada, or in the Great Mosque of Cordoba.
Art Main article: Islamic art

Islamic art encompasses the visual arts produced from the 7th century onwards by people (not necessarily Muslim) who lived within the territory that was inhabited by Muslim

populations.[182] It includes fields as varied as architecture, calligraphy, painting, and ceramics, among others.

The Islamic calendar is based on the lunar cycle. Calendar Main article: Islamic calendar

The formal beginning of the Muslim era was chosen to be the Hijra in 622 CE, which was an important turning point in Muhammad's fortunes. The assignment of this year as the year 1 AH (Anno Hegirae) in the Islamic calendar was reportedly made by Caliph Umar. It is a lunar calendar with days lasting from sunset to sunset.[183] Islamic holy days fall on fixed dates of the lunar calendar, which means that they occur in different seasons in different years in the Gregorian calendar. The most important Islamic festivals are Eid al-Fitr (Arabic: ) on the 1st of Shawwal, marking the end of the fasting month Ramadan, and Eid al-Adha ( ) on the 10th of Dhu al-Hijjah, coinciding with the pilgrimage to Mecca.[184]

See also