Qur'aanic code of Life

ORIGINAL SOURCE : http://www.islaam.org

IT IS A MATTER OF FAITH WITH EVERY MUSLIM that the Qur'aan is a complete code of life. One can attain the highest purpose in this life as well as the Hereafter, and also enjoy the benefits of peace and tranquillity by following the Qur'aan faithfully. This is a claim which needs to be explained in great detail. Voluminous books have been written on this subject. The purpose of this article is to discuss briefly only the more important aspects of this code.

The glorious Qur'aan itself epitomised in four brief words the code of life which it enjoins upon mankind for its salvation. It says, The decision belongs to none but Allah. (6:57)

This is the first, yet the most vital as well as the most comprehensive clause of the Qur'aanic code of life, and ipso facto encompasses Qur'aanic teachings and precepts concerning each and every aspect of human life. It follows, therefore, that whosoever wishes to be guided by the way of life shown by the Qur'aan will have to accept as a matter of faith the concept that sovereignty and supreme authority of the universe belongs only to Allah, and all his votaries should bow their heads in submission to all His Commands. Allah's Sovereignty is so supreme, pervasive and eternal that the authority and power of worldly rulers can bear no comparison to it. For instance, the worldly rulers govern only the visible actions of human beings, and have no control over their secret lives. Therefore there is no man-made law anywhere in the world which can regulate a man's secret life, and conduct his behaviour and the working of his mind. On the other hand Allah's Sovereignty omniscience encompasses all aspects of human life, from his open and visible action to his conduct and behaviour as well as what passes in the remote recesses of his heart and mind. Not a breath of human life is out of His Reach. In consequence, it is expected that an individual, whether in power or in public life, whether in the company of his family members or in solitude should regard himself subject to the Will of Allah in all aspects of his life, whether they be in his words and deeds or in thinking and views. One should have total faith in the verse,

"Verily one will be answerable for everything-the ears, the eyes and the heart." (17:36)

Therefore, the command given by Allah through the Qur'aan and His Prophet sallallahu alayhi wasallam maybe divided into five major headings as follows:

- Belief
- Worship / Rituals
- Dealings
- Social Obligations
- Morality

Under the heading 'Beliefs', Allah has taught some fundamental truths, and their understanding and acceptance for a proper comprehension of the purpose of man's creation. For instance, Unity of Allah (Tawheed), Prophethood (Risaalat), the Hereafter (Aakhirat), Predestination (Taqdeer), Angels (Malaa'ikah) and such other basic Islaamic beliefs not only constitute acceptance of the metaphysical truths but also lead to the serene and contended worldly life. Once these beliefs take roots in one's heart, and one starts believing that the real power in the universe belong only to Allah the Almighty, and that he is constantly and incessantly watching all our utterances and deeds, and that one will be answerable for each and every act before Him, then automatically one feels revulsion for evil and gets drawn closer towards good deeds gradually.

The second heading is 'Worship', which includes Salaat, Sawm, Hajj, Zakaat and sacrifice of animals. The purpose of all these rituals is to develop a special relationship and tie with Allah, the Almighty. Through 'beliefs' man accepts certain things as eternal truths and 'worship' enable them to take such a firm root in his heart and soul that in time they lead to total faith in, and adoration of Allah. Human nature craves that man should love adore his Creator and Master, bow before Him, call him in his miseries and sufferings and surrender himself completely to His Will. These 'worships( then, by satisfying his natural instinct, give him a spiritual joy. As a result of this he does not accept Allah's Supreme Authority as something forced upon him but voluntarily with eager love and devotion. And in a state of extreme love and devotion he calls out,

"My prayer, my offering, my life and my death are for Allah the Lord of al the worlds " (6:162) '

The third heading of the Qur'aanic code of life is 'Dealings' i.e. such dealing which a man carries out with other men in his daily life. These dealings include trading, employment., industrial and agricultural transactions as well as day to day sales and purchases. Under this heading Islaam has prescribed very elaborate and comprehensive rules. The source of all these rules is the following verse from the noble Qur'aan,

"O those who believe, do not eat up each others property by false means, unless it be trade with your mutual consent." (4:29)

In this verse, Allah has discredited for all times the materialistic mentality, which justifies for material advantage anything whether right or wrong. This type of thinking regards money making (by any means) as the right of an individual. Allah has ordained that earning a living is not only permitted for men but also obligatory, but its parameters have to be prescribed by Allah. You are permitted to strive for your economic betterment while remaining in the parameter set out by Allah, which he has declared lawful (halaal). Any other means of earning a living outside the prescribed limits are wrong and unlawful. If you have accepted the Sovereignty of Allah then you must abstain from adapting those means, no matter how much material gain they might bring. Allah ta'aalaa has given, through Qur'aanic injunctions and the sayings of Rasoolullah sallallahu alayhi wasallam, complete details of permitted and prohibited means of earning livelihood. All such means and methods have been declared unlawful and are banned which might even remotely deceive others or where there is chance of injustice, or which may benefit only a section of society at the cost of others. In consequence, in a society which faithfully follows the injunctions of the Qur'aan and Sunnah in its dealings with others there would neither be exploitation of man by man as in the capitalist system, nor would there be any deprivation of one's lawful and natural rights, as in the case of socialist / communist system. Without going in to detail, yet to provide an idea, it will suffice to point out that only one-fourth of the injunctions of Qur'aan and Sunnah which the Fuqahaa have compiled in the form of science of Fiqh (jurisprudence) comprises of ‘worship' and the other three-fourths cover 'dealings’.

The fourth heading of Qur'aanic code of life is 'Social Obligations' which deals with man's activities in his daily life as an individual, such as eating, drinking, dressing, sleeping, etc. At the same time his behaviour and obligations towards others, e.g. parents, wife, children, brothers, sisters, relations, friends, acquaintances and others are also defined. This is a very vast subject in itself on which considerable literature is available. However, the basic principle governing this aspect is elucidated by Rasoolullah sallallahu alayhi wasallam in his saying,

"A Muslim is he whose tongue and hand do not harm another Muslim."

The gist of this saying is that no one should cause any harm to others by any deeds, action or utterance. All social obligations preached by Islaam revolve round this basic principle. As such Qur'aan and Sunnah have forbidden all such deeds and actions which might cause harm to other fellow beings. According to Qur'aanic verse, harming an individual is like harming the entire humanity. The Qur'aan says,

"Whoever kills a person, not (to retaliate) for a person killed nor (to punish) for spreading disorder in the earth, is as if he has killed the whole mankind." (5:32 )

Soorah Hujuraat of the noble Qur'aan specially emphasises the injunctions on social obligations, which prohibits in very strong terms backbiting, violence, derision and ridicule.

The fifth and the last heading of the Qur'aanic code of life is 'Morality’. Under this heading some very sensitive issues of human nature have been touched upon, which despite being very delicate make a deep impact on human life. Fact of the matter is that whatever one does in one's outward life is a reflection of his inner character. Therefore the noble Qur'aan has provided injunctions related to inner character in great detail. It has been made incumbent upon man to practice humility, sacrifice, manliness, generosity, courage, forbearance and other noble attributes, and keep away from evil habits of arrogance, egotism, anger, jealousy, hatred, animosity, miserliness, cowardice, haste etc. It is not an easy thing to mould one's life so as to conform fully with the precepts prescribed by Allah, and people cannot be expected to follow them merely by teaching. Hence, as the noble Qur'aan has explained, Allah sent His Messengers in this world to demonstrate and teach morality to people by personal example. After the Messengers, the task was taken up by their true followers. Therefore it is the duty of every Muslim to seek company of the genuine followers of the Messengers in order to receive practical training in Islaamic morality The glorious Qur'aan commands,

"O you who believe, fear Allah, and be in the company of the truthful." (9:119)

Therefore the best way to get practical training in morality is that one should seek and adopt the company of those who are already trained and adorned with a high degree of morality.

May Allah grant His Divine Help so as to enable us to follow and practice the Qur'aanic code of conduct as it calls for, and may He bestow on us its benefits fully, both in this world and in the Hereafter. Aameen.

THE LEGAL MAXIMS OF ISLAMIC LAW

ORIGINAL SOURCE

The Association of Muslim Lawyers -
QAWA‘ID AL-FIQH:THE LEGAL MAXIMS OF ISLAMIC LAW - Mohammad Hashim Kamali

This essay provides a brief introduction to legal maxims, an evidently important chapter of the juristic literature of Islam, that is particularly useful in depicting a general picture of the nature, goals and objectives of the Shari‘ah. Yet, for reasons that will presently be explained, legal maxims represent a latent development in the history of Islamic legal thought. A brief explanation of the background history of legal maxims will be followed by a discussion of developments in three other related areas. We will discuss briefly the dawabit (lit. controlling rules), which are abstractions of the rules of fiqh (Islamic jurisprudence) on specific themes. We will then move onto a discussion of the nazariyyah al-fiqhiyyah, or the general theories of fiqh, which attempt to embrace a wider scope. The final area of interest in this connection is the furuq, or the distinctions and contrasts, which may be said to be a comparative study of the similarities and differences of the legal maxims and the substantive themes with which they are concerned. Legal maxims (qawa‘id al-kulliyah al-fiqhiyyah) are theoretical abstractions, usually in the form of short epithetical statements, that are expressive, often in a few words, of the goals and objectives of the Shari‘ah. This is so much so that many ‘ulama (scholars) have treated them as a branch of the maqasid (goals and objectives)
literature. The legal maxims of fiqh are statements of principles that are derived from the detailed reading of the rules of fiqh on various themes. The fiqh has generally been developed by individual jurists in relation to particular themes and issues in the course of history and differs, in this sense, from modern statutory rules which are concise and devoid of detail. The detailed expositions of fiqh enabled the jurists, at a later stage of development, to reduce them into abstract statements of principles. Legal maxims represent, in many ways, the apex of cumulative progress, which could not have been expected to take place at the formative stages of the development of fiqh. The actual wordings of the maxims are occasionally taken from the Qur’an or Ahadith but are more often the work of leading jurists and mujtahids that have subsequently been refined by others throughout the ages. It has often been a matter of currency and usage that the wordings of certain maxims are taken to greater refinement and perfection. The science of legal maxims is different from the science of usul al-fiqh (methodology in Islamic jurisprudence)
in that the maxims are based on the fiqh itself. Usul al-fiqh is concerned with the methodology of legal reasoning and the rules of interpretation, the meaning and implication of commands and prohibitions, and so forth. A maxim is defined as “a general rule which applies to all of its related particulars”.

1. A legal maxim is reflective of a consolidated reading of the fiqh and it is in this sense different from what is known as ad-dabitah (a controller) which is somewhat limited in scope and controls the particulars of a single theme or chapter of fiqh. Dabitah is thus confined to individual topics such as cleanliness (taharah), maintenance (nafaqh), paternity and fosterage (arridaa’), and as such does not apply to other subjects. An example of a dabitah is the statement: “Marriage does not carry suspension”; and with reference to cleanliness: “When the water reaches two feet, it does not carry
dirt”.

2. An example of a legal maxim is the statement: “The affairs of the imam concerning his people are judged by reference to maslahah” (Amr al-Imami fi shu’un ar-ra iyyati manutun bil-maslahah). The theme here is more general without any specification of the affairs of the people or the activities of the imam. Having drawn a distinction between dabitah and qa‘idah, we note, however, that legal maxims also vary concerning the level of abstraction and the scope that they cover. Some legal maxims are of general application, whereas others might apply to a particular area of fiqh, such as ‘ibadah (worship), mu‘amalah (transactions), contracts, litigation and court proceedings. Some of the more specific maxims may qualify as a dabitah rather than as a maxim proper, as the distinction between them is not always clear and regularly observed. Ibn Juzay al-Maliki’s, Al-Qawanin al-Fiqhiyyah has identified and discussed a large number of dawabit in relation to particular themes and chapters of fiqh.

The most comprehensive and broadly based of all maxims are known as “al-qawa‘id al-fiqhiyyah al-asliyyah”, or the normative legal maxims, and they apply to the entire range of fiqh without any specification. The madhahib are generally in agreement over them. Maxims such as “Harm must be eliminated” (Ad-dararu yuzal) and “Acts are judged by the intention behind them” (Al-umuru bi-maqasidiha) belong to this category of maxims.

The early ‘ulama have singled out about five of these to say that they grasp between them the essence of the Shari‘ah as a whole, and the rest are simply an elaboration of these. The other three of the normative legal maxims are:

- “Certainty is not overruled by doubt” (Al-yaqinu la yazulu bish-shakk).
- “Hardship begets facility” (Al-mashaqqatu tujlab at-taysir).
- “Custom is the basis of judgement” (Al-‘addatu muhakkamatun)

The first of these has been supplemented by a number of other maxims such as “The norm (of Shari‘ah) is that of non-liability” (Al-aslu baraa’ah ad-dhimmah). This is an equivalent to what is generally known as the presumption of innocence, although the maxim is perhaps more general. The primary expression implies that it
relates principally to criminal procedure, whereas the non-liability maxim extends to civil litigation and to religious matters generally. The normative state, or the state of certainty for that matter, is that people are not liable, unless it is proven that they are, and until this proof is forthcoming, to attribute guilt to anyone is treated as doubtful. Certainty can, in other words, only be overruled by certainty, not by doubt. Another supplementary maxim here is the norm that presumes the continued validity of the status quo ante, until we know there is a change. “The norm is that the status quo remains as it was before” (Al-aslu baqaa’u ma kaana ‘alama kaana) unless it is proven to have changed. An example of this is the wife’s right to maintenance that the Shari‘ah has determined; when she claims that her husband failed to maintain her, her claim will command credibility. For the norm here is her continued entitlement to maintenance for as long as she remains married to him. Similarly when one of the contracting parties claims that the contract was concluded under duress and the other denies this, this later claim will be upheld because the absence of duress is the normal state or status quo, which can only be rebutted by evidence.

3. According to yet another maxim, “The norm in regard to things is that of permissibility” (Al-aslu fil-ashyaa’ al-Ibahah). Permissibility in other words is the natural state and will therefore prevail until there is evidence to warrant a departure from that position. This maxim is based on a general reading of the relevant evidence in the Qur’an and Sunnah. Thus when we read in the Qur’an that God “has created all that is in the earth for your benefit” (2:29), and also the hadith that states: “whatever God has made halal is halal and whatever He has rendered as haram is haram, and all that over which He has remained silent is
forgiven”, the conclusion is drawn that we are allowed to utilise the resources of the earth for our benefit, and that unless something is specifically declared forbidden, it is presumed to be permissible. It is stated in the Mejelle that legal maxims are designed to facilitate a better understanding of the Shari‘ah and the judge may not base his judgement on them unless the maxim in question is derived from the Qur’an or Ahadith or supported by other evidence.

4. This is in contrast, however, with the view of Shihab al-Din al-Qarafi who held that a judicial decision is reversible if it violates a generally accepted maxim.

5. The ‘ulama have generally considered the maxims of fiqh to be significantly conducive to ijtihad, and they may naturally be utilised by the mujtahid and judge as persuasive evidence. It is just that they are broad guidelines, whereas judicial orders need to be founded in specific evidence that is directly relevant to the subject of adjudication. Since most of the legal maxims are expounded in the form of generalised statements, they hardly apply in an exclusive sense and often admit exceptions and particularisation. Instances of this had often been noted by the jurists, especially in cases when a particular legal maxim had failed to apply to a situation that evidently fell within its ambit. They then attempted to formulate a subsidiary maxim to cover that particular case. Legal maxims were developed gradually and the history of their development in a general sense is parallel with
that of the fiqh itself. More specifically, however, these were developed mainly during the era of imitation (taqlid), as they are in the nature of extraction (takhrij) of guidelines from the detailed literature of fiqh that were contributed during the first three centuries of Islamic scholarship, known as the era of ijtihad.

6. Some of the most important of the maxims are basically a reiteration of either the Qur’an or the Ahadith. One of the five maxims noted above has been derived from the hadith that “harm may neither be inflicted nor reciprocated in Islam” (la darara wa la dirara fil-Islam). Some of the variant renderings of the maxim Ad-araru yuzal read as follows: “Harm must be eliminated but not by means of another harm” (Ad-dararu yuzalu wa lakin la bi-darar); and “Harm is not eliminated by another harm” (Ad-dararu la yuzalu bid-darar). The hadith under discussion has provided the basis of numerous other maxims on the subject of darar, including for example, “A specific harm is tolerated in order to prevent a more general one” (Yutahammal ad-darar al-khaas li-daf’al-darar al ‘aam), “Harm is eliminated to the extent that is possible”(Ad-dararu yudfa‘u bi-qadr al-imkaan) and “A greater harm is eliminated by means of a lesser harm” (Yuzal ad-darar al-ashaddu bid-darar al-akhaff).

7. A practical manifestation of the maxim “Harm must be eliminated” is the validation of the option of defect (khiyar al-‘ayb) in Islamic law, which is designed to protect the buyer against harm. Thus when A buys a car and then discovers that it is substantially defective, he has the option to revoke the contract. For there is a legal presumption under the Shari‘ah that the buyer concluded the contract on condition that the object of sale was not defective.
The hadith under discussion has also been used as a basic authority for a number of legal maxims on the subject of necessity (darurah), and I refer here to only two. The first of these proclaims: “Necessity makes the unlawful lawful”(Ad-daruratu tubiyh al-mahzurah). It is on this basis that the jurists validate demolition of an intervening house to prevent the spread of fire to adjacent buildings, just as they validate dumping of the cargo of an overloaded ship to prevent the danger (or darar) to the life of its passengers. The second maxim on necessity declares: “Necessity is measured in accordance with its true proportions” (Ad-daruratu tuqdaru bi-qadriha). Thus, if the court orders the sale of assets of a negligent debtor to pay his creditors, it must begin with the sale of his movable goods if this would suffice to clear the debt, before selling his real property.

8. The maxim “Hardship begets facility” is, in turn, a rewording of the Qur’anic verses that state: “God intends for you ease and He does not intend to put you in hardship” (2:185), and “God does not intend to inflict hardship on you” (5:6), purporting to a theme that also occurs in a number of ahadith. The jurists have used this evidence in support of the many concessions that are granted to the disabled and the sick in the sphere of religious duties as well as civil transactions. With reference to the option of stipulation (khiyaar ash-shart), for example, there is a hadith that validates such an option for three days, that is, if the buyer wishes to reserve for himself this amount of time before ratifying a sale. The jurists have then reasoned that this period may be extended to weeks or even months depending on the type of goods that are bought and the need of the buyer who may need a longer
period for investigation. The maxim “Acts are judged by the intention behind them” is also a rephrasing of the renowned hadith that states: “Acts are valued in accordance with their underlying intention” (Innama al-a‘maalu bin-niyyah). This is a comprehensive maxim that has implications that the ‘ulama have discussed in various areas, including devotional matters, commercial transactions and crimes. The element of intent often plays a crucial role in differentiating, for example, a murder from erroneous killing, theft from inculpable appropriation of property, and the figurative words that a husband may utter to conclude the occurrence or otherwise of a divorce. The maxim “Custom is the basis of judgement” is again based on a statement of the Companion, Abdullah ibn Mas‘ud, that “what the Muslims deem to be good is good in the eyes of God”. The court is accordingly authorised to base its judgement on custom in matters that are not regulated by the text, provided that the custom at issue is current, predominant among people, and is not in conflict with the principles of the Shari‘ah. Several other subsidiary maxims have been derived from this, including the one that proclaims: “What is determined by custom is tantamount to a contractual stipulation” (Al-ma‘rufu ‘urfan kal-mashrutu shartan). Thus, when the contract does not regulate a matter that is otherwise regulated by custom, the customary rule would be presumed to apply. Similarly when someone rents a car, he should use it according to what is customary and familiar, a condition that is presumed to apply even if not stated in the contract. The maxim “Profit follows responsibility” (Al-kharaju bid-daman) is a direct rendering of a hadith in identical words. Thus, the yields of trees, animals, etc., belong to those who are responsible for their upkeep and maintenance. Suppose that A buys a machine which yields profit, where A then returns the machine to the seller, does A have to return the profit he made with that machine to the seller? By applying the legal maxim before us, we say that A may keep the profit as the machine was his responsibility during the interval just as he would have been responsible for its destruction and loss before returning it to the seller. The maxim “(A ruling of) Ijtihad is not reversed by its equivalent” (Al-ijtihadu la yunqadu bi-mithlih) has, in turn, been attributed to a statement of the Caliph ‘Umar ibn al-Khattab which is also upheld by the consensus of the Companions. Suppose that a judge has adjudicated a dispute on the basis of his own ijtihad, in the absence of a clear text to determine the issue, and then he retires. If another judge, whether of the same rank or at the appellate level, looks into the case and his ijtihad leads him to a different conclusion on the same issue, then provided that the initial decision does not violate any of the rules that govern the propriety of ijtihad, a mere difference of opinion on the part of the new judge, or a similar ijtihad that he might have attempted, does not affect the authority of the initial ijtihad. This is so because one ruling of ijtihad is not reversible by another ruling of ijtihad. Historically, the Hanafi jurists were the first to formulate legal maxims. An early Iraqi jurist, Sufyan ibn Tahir ad-Dabbas, collated the first seventeen maxims, and Abul Hassan al-Karkhi (d.340) increased this to thirty-nine. Some of the early maxims that were compiled include the following: “The norm is that the affairs of the Muslims are presumed to be upright and good unless the opposite emerges to be the case”. This means that acts, transactions and relations among people should not be given a negative interpretation that verges on suspicion and mistrust, unless there is evidence to suggest the opposite. Another maxim states: “Question and answer proceed on that which is widespread and common and not on what is unfamiliar and rare”. Again, if we were to interpret a speech and enquire into its implications, we should proceed on what would be commonly understood as opposed to what might be said to be a rare understanding and interpretation. We read in another maxim: “Prevention of evil takes priority over the attraction of benefit” (Dur’ al-masaalihi awla min jalb almanaafi‘). The earliest collections of maxims also included the five leading maxims that were discussed above.

9. One of the early collections was that of al-Karkhi, which was not very highly refined as it included statements that were expressive of an idea but not necessarily in the eloquent style that is typically associated with maxims.

10. Many scholars from various schools added to these over time and the total number of qawa‘id and dawabit eventually exceeded twelve hundred. After the Hanafis, the Shafi‘is, then the Hanbalis, and following them the Malikis - as az-Zarqa has noted - added their contributions to the literature on legal maxims. The leading Shafi‘i scholar, ‘Izz ad-Din ‘Abd as-Salam’s (d. 660H), Qawa‘id al-Ahkam fi Masalih al-Anam is noted as one of the salient contributions to this field, as is ‘Abd ar-Rahman ibn Rajab al-Hanbali’s (d.795) work Al-Qawa‘id. Both have been highly acclaimed. Yet in terms of conciseness and style, the Mejelle collection, written
in the 1870s, represents the most advanced stage in the compilation of legal maxims.

11. The development of this branch of fiqh is in many ways related to the general awareness of the ‘ulama that the fiqh literature is of a piecemeal and fragmented style, which, somewhat like Roman juristic writings, is on the whole issue-oriented and short of theoretical exposition of the governing principles. This is, in turn, attributed to the history of the development of fiqh, where private jurists made their contributions independent of any government and institutions that might have exerted an unifying influence. They often wrote in response to issues as and when encountered, and we consequently note that theoretical abstraction was not a well-developed feature of their work. The legal maxims filled that gap to some extent and provided a set of general guidelines for an otherwise diverse discipline that combined an impressive variety of schools and influences into its fold. Islamic jurisprudence is also textualist, in that it is guided by the textual injunctions of the Qur’an and Sunnah. In developing the law, the jurists have shown a tendency to confine the range of their expectations to the given terms of the text. Theoretical generalisations of ideas were viewed with caution vis-à-vis the overriding authority
of the text and attention was focused on the correct interpretation of the text rather than developing general theories.

Questions are being asked to this day whether Islamic law has a constitutional theory, a theory of contract, or a theory of ownership. It is only in recent times that Muslim scholars began to write concise and self-contained expositions of the law in these areas, as I shall presently explain. A genre of literature known as al-ashbah wan-naza’ir (similitude and resemblance), that was devoted to legal maxims, emerged in the writings of the ‘ulama well after the formation of the madhahib. The term evidently originated in the famous letter of the Caliph ‘Umar al-Khattab, addressed to a judge, Abu Musa al-Ash‘ari of Basrah, in which he was instructed to “ascertain similitudes and resemblances and adduce matters analogous in giving judgement”. Later, Taj ad-Din as-Subki, who wrote a most important work on legal maxims, chose the term ‘al-ashbah wan-naza’ir’ as the title of his book. Jalal ad-Din as-Suyuti (d.911) and Zayn al-‘Abidin Ibn Nujayam al-Hanafi (d.972) also wrote works that closely resemble one another, both bearing the title Al-Ashbah wan-Naza’ir. They relied mainly on as-Subki’s writings, with certain modifications that were reflective, perhaps, of their respective scholastic orientations. As-Suyuti often identified the source evidence from which maxims were derived and added illustrations and analysis. Some of the leading maxims that As-Suyuti recorded were:
“Private authority is stronger than public authority” (Al-wilayah al-khaasah aqwa min al-wilaayah al-‘aammah), which means that the authority, for example, of the parent and guardian over the child, is stronger than that of the ruler and the judge; “No speech is attributed to one who has remained silent” (La yunsabu lis-saakiti qawl); and “The attachment follows the principal” (At-taabi‘u taabi‘), which obviously means, in reference to, for example, contracts and transactions, that things that belong to one another may not be separated. Thus, for example, one should not sell a yet-to-be-born animal separately from it’s mother, or a living room separate from the house.

Ibn Nujaym divided the legal maxims into two normative categories: leading maxims and subsidiary maxims. He only placed six under the former and seventeen under the latter, but discussed a number of others in his detailed elaboration and analysis. The sixth leading maxim of Ibn Nujaym, that he added to the familiar five, as noted above, states: “No spiritual reward accrues without intention” (La thawaaba illa bin-niyyah), which is why the ritual prayer, and most other acts of devotion, are preceded by a statement of intention (niyyah). The twelfth century author, Abu Sa‘id al-Khadimi compiled 154 maxims in his work entitled Majma‘ al-Haqaa’iq.

12. Despite the general tendency in legal maxims to be inter-scholastic, jurists and schools are not unanimous on all of the maxims and there are some on which the madhahib have disagreed.

13 The difference between the schools in this area is, however, not very wide. The Ja‘fari School of the Shi‘ah have their own collections of legal maxims, but apart from some differences in style, the thematic arrangement in their collections closely
resembles those of their Sunni counterparts. The first Shi‘i work on maxims was that of ‘Allamah al-Hilli (d.726H) entitled Al-Qawa‘id, followed by ash-Shahid al-Awwal Jamal al-Din al-‘Amili's (d. 786) Al-Qawa‘id wal-Fawa’id that contained over three hundred maxims, and many more works that elaborated and enhanced the earlier ones. The more recent work of Muhammad al-Husayn Kashif al-Ghita’, bearing the title Tahrir al-Mujalla, is an abridgement and commentary of the first ninety-nine articles of the Ottoman Mejelle. He selected fortyfive as being the most important in the range, and the rest he found to be overlapping and convergent or obscure, but he added eighty-two others to make up a total of one hundred and twenty-seven maxims of current application and relevance, especially to transactions and contracts. However, al-Ghita’ went on to say that “if we were to recount all the maxims that are referred to in the various chapters of fiqh, we can add up to five hundred more”.

14. Two other related developments that are of interest have taken two different directions. One of these is the furuq literature, which as the word indicates, highlights differences between similar concepts or those that have an aspect in common. The attempt to highlight the differences also extended to the maxims themselves, in that the furuq literature specified the differences between some of the maxims that resembled one another but could be subtly distinguished in some respect. The Maliki jurist Shihab ad-Din al-Qarafi’s Kitab al-Furuq (in four volumes) discusses five hundred and forty-eight maxims, and two hundred and seventy-four distinctions and differences (furuq) between similar themes and ideas. Occasionally the word qa‘idah is used in reference to what is a dabitah or even a specific ruling of fiqh. Examples of the furuq include the distinctions between hire (ijara’) and sale, between custody (hadanah) and guardianship (wilayah), between testimony (shahadah) and narration (riwayah), and between verbal custom (al-‘urf al-qawali) and actual custom (al-‘urf al-fi‘li). These are often expressed in rule-like statements that generally resemble dabitah in their application to specific themes only, but are named al-furuq as they usually compare similar themes and highlight the differences between them. Al-Qarafi’s approach represented a new development in the qawa‘id literature. He also discussed legal maxims in his other works, narnely, Ad-Dhakhirah and (more specifically) Al-Ihkamu fi Tamyiz al-Fatawa ‘anil-Ahkam. The title itself is, it may be noted, a furuq oriented title referring to differences between fatawa and judicial decisions.15 Ibn ash-Shat Qasim bin ‘Abd Allah al-Ansari’s (d.723) work, Idrar ash-Shuruq ‘ala Anwar al-Furuq is also a work on furuq, and smaller works of a similar kind were also written by some Shafi‘i scholars.

16. The next development that may briefly be explained is relatively recent and appears in the modern writings of fiqh under the general designation of an-azariyyah al-fiqhiyyah, or legal theories of fiqh. Nazariyyah in this context implies a self-contained and comprehensive treatment of an important area of law, such as nazariyyah al-‘aqd (theory of contract), nazariyyah al-milkiyyah (theory of ownership), nazariyyah ad-darurah (theory of necessity) and so forth. This level of theoretical development marks a departure from the earlier style of juristic writing in fiqh literature where topics are poorly classified and themes pertaining to a particular area are scattered in different places. The nazariyyah literature seeks to overcome that and offers systematic treatment of its subject matter that aims to be self-contained and convenient to use.

The nazariyyah literature draws upon the combined resources of fiqh in all areas, including the qawa‘id, the dawabit and the furuq. Yet the nazariyyah are usually not expected to reproduce the detailed formulation of these related branches, as theory oriented works generally seek to be concise, clear of repetition and unnecessary detail. The nazariyyah also incorporate new methods of research and writing, which are more effective and less time-consuming.

The nazariyyah literature is not merely confined to improved methods and forms of writing but often seeks to advance some of the substantive aspects of the fiqh doctrines. With regard to the law of contract for example, ‘Abd ar-Razzaq as-Sanhuri has observed that the fiqh literature in this area is focused on the detailed exposition of a number of nominate contracts and treats each contract separately. The Hanafi jurist, al-Kasani, has thus dealt with nineteen nominate contracts, many of which have aspects in common and, of course, they also differ in other respects. A perusal of the relevant literature on fiqh contracts, As-Sanhuri notes, leaves the reader askance as to: (a) whether these could all be consolidated in order to highlight the features they all have in common; (b) whether the fiqh validates contracts other than these; and (c) whether the fiqh recognises the basic freedom of contract, merely on the basis of an agreement that does not violate morality and public interest?

17. Questions of this nature are likely to receive a better response from the nazariyyah literature, which is better consolidated and expressive of the common aspects of contracts. The nazariyyah literature is not entirely without precedent in the world of fiqh. With reference to the theory of contract, for example, we may note that significant progress had been made by the Hanbali ‘ulama, Ibn Taymiyyah (d.728H) and his disciple, Ibn al-Qayyim al-Jawziyyah, whose contributions are widely acknowledged. Ibn Taymiyyah effectively departed from the earlier strictures over the nominate contracts and advanced a convincing discourse, through his own reading of the source evidence, that contracts need not be confined to a particular prototype or number. The essence of all contracts is manifested in the agreement of the contracting parties, who may create new contracts, within or outside the ones that are already known, provided that they serve to realise a lawful benefit and do not violate public policy and morals. It may be noted, however, that Ibn Taymiyyah’s contribution to the theory of contract represented a rather latent development and a
departure in many ways from the majority position on this theme. This is why As-Sanhuri’s critique may still be considered relevant. Considerable progress has also been made, in the sphere of nazariyyah literature, not only in As-Sanhuri’s own writings, but by numerous other scholars, both Arab and non-Arab, who have written widely on contracts and other major themes of fiqh.

We also note in this context, the emergence of the encyclopaedias of fiqh in the latter part of the twentieth century. This marks a milestone of development and succeeds in producing consolidated and reliable works of reference on fiqh, and these efforts are still continuing. Yet, as a distinctive genre of fiqh literature, legal maxims are likely to remain an influential area of the legacy of fiqh. This is perhaps borne out by the fact that the Turkish ‘ulama who drafted the Ottoman Mejelle articles in 1850, decided to begin their impressive and, in many ways, original work on the Islamic law of transactions with a collection of the most important of these maxims.

Mohammad Hashim Kamali is Professor of Law at the International Islamic University, Malaysia. He is author of numerous articles published in learned journals and many works, including Principles of Islamic Jurisprudence, Punishment in Islamic Law and Freedom of Expression in Islam.

References

1 Cf. Mahmassani, Subhi, Falasafat at-Tashri‘ fil-Islam: The Philosophy of Jurisprudence in Islam, Eng. Trans. Farhat I. Ziadeh, E.J. Brill, Lieden 1961, p. 151; Az-Zarqa’, Shaykh Muhammad, Sharh al-Qawa‘id al-Fiqhiyyah, 3rd ed., Dar al-Qalam, Damascus 1414/1993, p. 33.

2 Cf. As-Sabuni, ‘Abd ar-Rahman, et al, Al-Madkhal al-Fiqhi wa Tarik at-Tashri’ al-Islami, Maktabah Wahbah, Cairo 1402/1982, p. 389.

3 Ibid., p. 407.

4 Cf. Mahmassani, ibid, p. 152; Az-Zarqa’, ibid, p. 34.

5 Al-Qarafi, Shihab ad-Din, Kitab al-Furuq, Matha’ah Dar al-Ihya al-Kutub al-‘Arabiyyah, Cairo 1346H, Vol. IV, p. 40; see also ‘Atiyyah, Jamal ad-Din, At-Tanzir al-Fiqhi, Doha 1407/1987, p. 208.

6 Cf. As-Sabuni, ibid., p. 398.

7 Ibid., p. 380.

8 Ibid., p. 400.

9 Cf. ‘Attiyah, ibid., p. 81; As-Sabuni, ibid., p. 387

10 See for details Az-Zarqa’, ibid., pp. 38-39.

11 Ibid., p. 43.

12 Cf. Az-Zarqa’, ibid., pp. 39-40.

13 Cf. Abu Sulayman, ‘Abd al-Wahhab, “An-Nazariyyah wal-Qawa‘id fil-Fiqh al-Islami” in Mujallah Jamai‘ah al-Malik ‘Abdal-‘Aziz, No.2, May 1978, p. 53.
The Association of Muslim Lawyers

14 Kashif al-Ghita’, Muhammad al-Hussain, Tahrir al-Mujallah, p. 63; ‘Attiyah, ibid., p. 75; As-Sabuni, ibid., p. 395.

15 Cf. Az-Zarqa’, ibid., pp. 42-43; As-Sabuni, ibid., p. 393.

16 See for further details ‘Attiyah, ibid., pp. 131-132.

17 As-Sanhuri, ‘Abd ar-Razzaq, Masadir al-Haqq fil-Fiqh al-Islami, Ma‘had al-Buhuth wad-Dirasah al-‘Arabivyah, Cairo 1967, Vol. I, p. 78; see also As-Sabuni, ibid., p. 380.

IMPORTANCE OF A GOOD SYAYKH - BY SYAYKH (MUHYIDDIN) ABD'AL-QADIR JILANI

ORIGINAL SOURCE

Importance of a good shaykh by Shaykh Abd'al-Qadir al-Jilani Radi Allahu anhu

Al Ghawth al-Adham Shaykh Sayyad Abd'al-Qadir al-Jilani Radi 'Allahu anhu said: You must work hard to ensure that your hearts are not locked out of the door of His nearness. Be sensible! You are getting nowhere. You must seek the company of a Shaykh who is learned in the law [hukm] and knowledge ['ilm] of Allah (Almighty and Glorious is He), and who will show you the way toward Him. Without seeing the successful [muflih], one cannot succeed. If a person does not seek the company of scholars who put their knowledge into practice ['ulama 'ummal], he is a chicken from an egg abandoned by the rooster and the mother hen.

Seek the fellowship of those who enjoy fellowship with the Lord of Truth (Almighty and Glorious is He). What each of you should do, when the night has grown dark and people have gone to bed and their voices are silent, is get up, take an ablution [yatawadda'], perform two cycles of ritual prayer [yusalli rak'atain] and say: "O my Lord, guide me to one of Your righteous servants near to You, so that he may guide me toward You and make me familiar with Your path." The instrument [sabab] is necessary. Allah (Almighty and Glorious is He) was quite capable of guiding [His servants] to Him without the Prophets [anbiya']. Be sensible! You are getting nowhere. You must awaken from your heedless folly. As the Beloved Prophet Salla Allahu ta'ala 'alayhi wa Sallam has said: If someone relies entirely on his own subjective judgement, he will go astray. Try to find someone who will be a mirror for the face of your religion [din], just as you look in the mirror to check the appearance of your outer face, your turban and your hair. Be sensible! What is this crazy foolishness? You say, "I don't need anyone to teach me," and yet the Beloved Prophet Salla Allahu ta'ala 'alayhi wa Sallam has said: The believer is the believer's mirror [al-mu'minu mir'atu 'l-mu'min].

When the believer's faith is sound, he comes to be a mirror for all creatures. They behold their religious faces [wujuh adyanihim] reflected in the mirror of his speech, every time they see him and get close to him. What is this craziness? Not a moment goes by without your begging Allah (Almighty and Glorious is He) to provide you with more than you already have to eat, to drink, and to wear, with more sexual opportunities and more income. These are not things that could increase or decrease, even if you were to be joined in your plea by every supplicant whose prayers are answered [da 'in mujab].

Supplication [da 'wa] will neither increase one's sustenance by so much as an atom, nor reduce it by an atom. This is a foregone conclusion [mafrugh minhu]. You must devote your attention to doing what you have been commanded to do, and to avoiding what you have been forbidden to do. You should not worry about that which is bound to come your way, because He guarantees that it will come to you. Allotted shares [aqsam] arrive at their appointed times, whether they be sweet or bitter, whether you like them or dislike them.

The people [of the Way] attain to a condition in which they no longer have any prayer of supplication [du'a] or request [su'al] to make. They do not beg [in their prayers] to gain advantages, nor to get rid of disadvantages. Their supplication comes to be a matter concerning their hearts, sometimes for their own sake and sometimes for the sake of all creatures, so they utter the prayer of supplication without conscious premeditation [fi ghaiba].

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'O '' Allah, endow us with good behaviour in Your company under all circumstances!
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[When the believer's faith is sound], fasting [sawm], prayer [salat], remembrance [dhikr] and all acts of obedience [ta 'at] become second nature to him, mingled with his flesh and blood. Then he receives protection from Allah (Almighty and Glorious is He) under all circumstances. The restraint of the law [hukm] does not desert him, not for an instant, while he is on this course. The law comes to be like the vessel in which he sits, as he travels over the ocean of the power [qudra] of his Lord (Almighty and Glorious is He). He goes on traveling over it until he arrives at the shore of the hereafter, at the shore of the ocean of grace and the hand of nearness. Thus he is sometimes in the company of creatures and at certain times in the company of the Creator. His work and toil are with creatures, while his relaxation is with the Creator.

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From Shaykh 'Abd al-Qadir al-Jilani, "The Sublime Revelation (Al-Fath ar-Rabbani)," translated by Muhtar Holland (Al-Baz Publishing, Houston, 1992), p. 426-8.

The Treaty of Hudaybiyah

ORIGINAL SOURCE

Six years had passed since the emigration of the Prophet and his companions from Makkah to Madinah. During that time, they were constantly occupied with war and conflict, now with the Quraysh, now with the Jews. All along, Islam was gaining converts as well as power. From the first year of the Hijrah, Muhammad changed his orientation in prayer from al Aqsa Mosque to the Mosque of Makkah. The Muslims turned toward the house of God which Ibrahim had built in Makkah and which was renewed and reconstructed during Muhammad's youth. The reader will remember that it was Muhammad who lifted and placed the Black Stone in its position in the wall of that house, long before he could have ever thought that he was to become the recipient of a revelation from God on High.

Proscription of the Sanctuary to Muslim Entry

For hundreds of years, this Mosque had been the center toward which the Arabs turned in their worship and to which they went in pilgrimage during the holy month of every year. Everybody entering the area of the Mosque was to be safe and secure. The most hostile enemies met on its grounds without anyone ever drawing his sword or shedding the blood of his enemy. Ever since Muhammad had emigrated with the Muslims to Madinah, the Quraysh resolved to prevent them from entering the Mosque. This prohibition applied only to the Muslims among all the Arabs of the Peninsula. To this effect, God said in the Qur'anic verses revealed during the first year of the Hijrah



"They challenge you regarding the sacred month, that there should be no fighting whatsoever during its whole course. Answer, that fighting in the holy month is a great transgression. But to hinder men in their pursuit of God's path, to be blasphemous to Him and to the Holy Mosque, to force the worshippers out of the Mosque-all these are greater transgressions in the eye of God."[Qur'an, 2:217]

Likewise, the following verse was revealed after the Battle of Badr : "And why should they not be punished by God when they prevent men from entering the Holy Mosque for worship? Surely, they are not its guardians. The guardians of the Holy Mosque are only the pious and righteous. But most of them are utterly ignorant. As for their worship in the House of God, it is nothing but whistling and clapping and garbling. They should then be punished for their ungodliness. The unbelievers spend of their wealth for the purpose of hindering men from the path of God. Their expenditure is wasted and will bring about their own ruin. For it is to Hell that they shall finally be assigned [Qur'an, 8:34-36]. During these six years many other verses were revealed centering on the Mosque of Makkah which God had declared to be a place of repentance and of security for mankind. But the Quraysh never saw in Muhammad and his companions who turned their backs on the idols of that house-namely, Hubal, Isaf, Na'ilah and the others-anything but men who ought to be fought and combatted and denied the privilege of pilgrimage to the Ka'bah until they repented and returned to the gods of their ancestors.

Muslim Yearning for Makkah

During the whole time the Muslims were kept from fulfilling their religious duty, they suffered deeply. The Muhajirun especially felt this privation more strongly as it was combined with banishment from their own hometown and people. All the Muslims, however, were convinced that God would soon give victory to His Prophet and to them and would raise Islam high above all other religions. They firmly believed that the day would soon come when God would unlock for them the gates of Makkah that they might perform their pilgrimage to the ancient house and thus fulfill the duty which God had imposed upon all men. If so far the years had passed one after another with frequent campaigns and battles, beginning with Badr, Uhud, the Ditch and others, so too the day of victory which they believed to be necessary must soon come. How strong was their longing for this day! And how intensely did Muhammad himself share their very faith in the proximity of that day of victory!

The Arabs and the Ka'bah

The truth is that the Quraysh had done a great injustice to Muhammad and his companions by forbidding them to `visit the Ka'bah and to perform the duties of pilgrimage and 'umrah. [Pilgrimage to the Sanctuary of Makkah at a time other than that prescribed for it by custom and the Qur'an. -Tr.] The ancient sanctuary of Makkah was not a property of the Quraysh but of all the Arabs together. The Quraysh enjoyed only the services attached to the Ka'bah such as the sidanah, siqayah, and other functions pertinent to the sanctuary or to the care for its visitors. The fact that one tribe worshiped one idol rather than another never permitted the Quraysh to forbid any tribe from visiting the Ka'bah, from circumambulating it, or from filling any religious duties or acts of worship demanded by the tribe's loyalty to that god. If Muhammad came to call men to repudiate idol worship, to purify themselves from paganism and associationism, to raise themselves to the worship of God alone, devoid of associates, to conduct themselves for the sake of God in a manner free of all moral flaws, to elevate their spirit to consciousness of the unity of being and the unity of God, and if the new faith imposed on its adherents the duty of pilgrimage and 'umrah to the sanctuary of Makkah, it would be sheer aggression and injustice to prevent the followers of that faith from fulfilling their religious duty. The Quraysh, however, feared that were Muhammad and his Makkan companions to visit Makkah, they might persuade the majority to follow them, especially since they were related to the Makkans with bonds of blood and family and had been separated from them long enough to arouse in them the strongest longing. Such a development would start a civil war in Makkah which the Quraysh wanted to avoid. Moreover, Makkan leaders and noblemen had not forgotten that Muhammad and his companions had destroyed their faith, cut off their trade route to al Sham, and antagonized them so deeply that no common loyalty to the sanctuary and no common feeling that it belonged to God and to all the Arabs could compose their differences. The Quraysh could not be convinced that their relationship to the house was merely one of taking care of it and of its visitors.

The Muslims and the Ka'bah

Six whole years had passed since the Hijrah, during which the Muslims longed to visit the Ka'bah and perform the pilgrimage and `umrah. One day, while they congregated in the mosque in the morning, the Prophet informed them of a vision he had seen that they should enter the holy sanctuary of Makkah secure, shaven, and unarmed, and without fear for their safety. As soon as the Muslims heard of the news, they praised God for His grace and spread the tidings all over Madinah. No one, however, could imagine how this was going to be accomplished. Would they fight and enter Makkah after battle? Would they force the evacuation of Quraysh and pull down its guardianship of the Ka'bah? Or would Quraysh open the road to them in humiliation and acquiescence?

Muhammad's Proclamation Concerning Pilgrimage

No! There was to be neither war nor fighting. Muhammad proclaimed to the people that pilgrimage to Makkah would take place in the holy month of Dhu al Qi'dah. He had sent his messengers to the tribes, whether Muslim or otherwise, inviting them to participate with the Muslims in a visit to the sanctuary of God in security and peace. Apparently, he sought to make the group performing the pilgrimage the largest possible. His objective was to let the whole Peninsula know that this expedition of his during the holy month was intended purely for pilgrimage and not for conquest, as well as to proclaim the fact that Islam had imposed pilgrimage to Makkah just as preIslamic Arab religion had done and, finally, that he had actually invited even the Arabs who were not Muslims to join in the performance of this sacred duty. If, despite all this, the Quraysh insisted on fighting him during the holy month and preventing him from the performance of a duty commonly held by all Arabs regardless of their personal faith, the Quraysh would surely find themselves isolated and condemned by all. In that eventuality, the Quraysh would find the Arabs unwilling to help them in fighting the Muslims. In the eyes of all the tribes, the Quraysh would have indicted themselves. They would have to appear as stopping men from visiting the sanctuary, as combating the religion of Isma'il and of his father, Ibrahim. By this means, the Muslims would guarantee that the Arab tribes would not rally against them under Makkan leadership as they did hitherto in the campaign of the Ditch, and their religion would itself gain some credit among the tribes who had not yet been converted to it. What would the Quraysh say to a people who came to their doors armless except for their undrawn swords, and in a state of ritualistic purity, accompanied by the cattle which they planned to sacrifice near the Ka'bah and whose every care was simply to circumambulate the House, the duty common to all the tribes of the Peninsula?

Muhammad publicly proclaimed that the pilgrimage had started and asked the tribes, including the non-Muslim, to accompany him on that holy mission. Some of the tribes rejected his invitation and others accepted. His procession set forth on the first of Dhu al Qi'dah, one of the holy months; and it included al Muhajirun, al Ansar, and a number of other tribes. He led the procession riding on his she-camel, al Qaswa'. Their total number was about one thousand four hundred men. They took with them seventy camels and donned the garb demanded by the ritual of `umrah that the people might know that this was no military campaign but a pilgrimage to the holy sanctuary and a fulfillment of religious duty. When he reached Dhu al Hulayfah, the pilgrims shaved their heads, purified themselves as the ritual demanded, and isolated their sacrificial cattle by placing them to their left. The sacrificial cattle included the camels of Abu Jahl which were seized in the Battle of Badr. No man in the whole group carried any arms except the undrawn sword usually worn by all travelers. Umm Salamah, the wife of the Prophet, accompanied him on this trip.

Quraysh and Muslim Pilgrimage

When the Quraysh learned that Muhammad and his companions were approaching Makkah for purposes of pilgrimage, they were filled with fear and pondered whether or not Muhammad was now playing a war game against them in order to enter Makkah after they and their allies had failed to enter Madinah. Their fear was not dissipated when they learned that the pilgrims had actually donned the ritual garb demanded by 'umrah, nor by Muslim proclamation across the Peninsula that they were coming solely to fulfill a religious duty approved and accepted by all the Arabs. None of this prevented them from resolving to stop Muhammad from entering Makkah at whatever cost. Quickly, they mobilized an army, including a cavalry force of two hundred. They gave the command to Khalid ibn al Walid and 'Ikrimah ibn Abu Jahl. This army advanced to Dhu Tuwa and took up position to prevent the Muslims' religious march to Makkah.

Encounter

Muhammad and the Muslims continued their march. At 'Usfan, they met a tribesman of Banu Ka'b whom the Prophet questioned regarding the Quraysh. The man answered: "They heard about your march; so they marched too. But they wore their tiger skins, their traditional war apparel, pledging that they will never let you enter Makkah. Their general, Khalid ibn al Walid, set up camp for his cavalry at Kara' al Ghamim." Upon learning this, Muhammad said: "Woe to Quraysh ! Their hostility is undoing them. Why should they object to letting me settle this affair with all the tribes without intervention? If the Arab tribes destroy me, that will be the realization of their objective. If, on the other hand, God gives me victory, then they can enter into Islam with dignity; and if they resist, they can then fight with good cause. What does the Quraysh think? By God, I shall continue to serve that for which God has commissioned me until the divine message has become supreme or I lose my neck in the process." Pondering over the issue, he thought that, whereas he did not come thither as a conquerer but as a Muslim pilgrim seeking the sanctuary as a religious duty, he might be compelled to fight and perhaps lose unless he should take the precaution of arming his people. Should he lose in such an engagement, the Quraysh would parade their victory throughout the Peninsula and thus deal a tragic blow to the Muslim position. Indeed, it is perhaps for that reason that the Quraysh delegated the command of their army to Khalid ibn al Walid and 'Ikrimah, their most illustrious generals, that they might attain this very objective, knowing that Muhammad was not prepared to fight on this occasion.

Muhammad's Caution to Safeguard the Peace

While Muhammad pondered these issues, Makkan cavalry was looming on the horizon. The presence of the enemy prepared for war showed the Muslims that it was impossible for them to reach their objective without going through these lines and engaging in a battle in which the Quraysh had come prepared to repulse the threat to their dignity, honor, and homeland. Such would have been a battle undesired and uncalled for by Muhammad and forced upon him. The Muslims were not afraid of battle. With the high morale they enjoyed, their swords alone would be sufficient to stop this new aggression of the Makkans. But if they did fight the Makkans, the peaceful purpose of the whole affair would not be realized. On the contrary, the Quraysh would use such fighting as proof of Muhammad's guilt before the tribes. Muhammad was too farsighted to allow such a course to be followed. He therefore asked his party to find someone who could show them a road to Makkah other than the main one which was blocked by the Quraysh. Apparently, he was still of the same mind as before he started out from Madinah. A man was found to lead the procession by a different route which was yet more desolate and full of hardships. That road led them to a valley at the end of which a turn by al Murar brought them to the locality of al Hudaybiyah, south of Makkah. When the Quraysh discovered the movement of Muhammad and his companions, they returned quickly to Makkah in order to defend it against what they thought to be a Muslim invasion from the south. Upon arrival at the plain of al Hudaybiyah, al Qaswa', she-camel of the Prophet, stopped. The Muslims thought the she-camel was exhausted; but the Prophet explained that it was stopped by the same power which stopped the elephant from entering Makkah. He continued, "If only the Quraysh would ask us for guarantees of Muslim intentions based upon our blood relationship to them, we should be happy to give them the same." He then called upon the Muslims to encamp. When they complained that the place was waterless, he sent a man with a stick to one of the wells of the area and asked him to verify the existence of water. When the man plunged his stick into the bottom of the well, water sprang up; the people felt reassured, and they put up camp.

Quraysh's Delegates to the Muslims

The Muslims encamped and the Quraysh observed their moves. The Makkans had resolved to prevent the Muslims by force from entering their city. To them, this was a clear and final commitment. The Muslims, on the other hand, did not know whether or not they were heading for an all-out war with the Quraysh which would decide the matter between them once and for all. Undoubtedly, some people on both sides preferred a settlement by the sword. The Muslims who approved of this course thought their victory would bring about a final destruction of the Quraysh. The Quraysh's reputation throughout the Peninsula as well as their sidanah and Siqayah functions in pilgrimage-indeed, their pride and religious distinction-would be eliminated. The two camps were poised seeking an answer. Muhammad did not change his original plan to perform the `umrah in peace and to avoid war unless attacked. In case of attack, there would be no escape from recourse to the sword. As for the Quraysh, while hesitant, they decided to send some delegates to the Muslim camp, partly to reconnoiter Muslim strength and partly to dissuade Muhammad from executing his plan. For this purpose, Budayl ibn Warqa' arrived at the Muslim camp, together with some tribesmen from Khuza`ah. Inquiry into Muhammad's objectives convinced them that he did not come to fight but to honor the sanctuary and pay to it the homage due. The delegation returned to the Quraysh and counseled that the Muslims be permitted to fulfill their religious wish. The Quraysh, however, remained unconvinced. Indeed, they accused their own delegates of conniving with Muhammad. They argued that even though Muhammad might not have come to make war, he should not be allowed to enter Makkah against their will and with such preponderant numbers. Otherwise, the Quraysh would become the mockery of Arabia. In order to make sure that their first delegates told them the truth, the Quraysh sent another delegation which returned with exactly the same reports, which the Quraysh now believed. The Quraysh were depending for their war against Muhammad upon their Ahabish allies. [A group of strong bowmen from Arabia-i.e. Abyssinians-so called for their dark complexion. Another possible explanation for their name is that it refers to Hubshi, a mountain south of Makkah.] They thought of sending the Ahabish leader to talk to Muhammad with the hope that the two leaders would misunderstand each other and the Quraysh ally would become increasingly committed to fight on Makkah's side against Muhammad. A1 Hulays, as the leader of the Ahabish was called, went to the Muslim camp to see for himself. When the Prophet saw him arriving, he ordered the sacrificial cattle paraded in front of him as material proof of Muslim intention to perform the pilgrimage and to honor the sanctuary. A1 Hulays saw the seventy sacrificial camels shaved and readied for sacrifice and was moved by the view of this display of Arab religiosity. He soon became convinced that the Quraysh were doing an injustice to those people who had come neither for war nor for hostility. Without bothering to meet Muhammad and converse with him, he returned to Makkah and told the Quraysh of his opinion. Full of resentment, the Quraysh slighted al Hulays as a Bedouin and neglected his advice as that of one uninstructed. Al Hulays was naturally angered, and he threatened them that he had not allied himself with them in order to stop pilgrims from performing their religious duties. He even threatened that unless they allowed Muhammad and his party into the sanctuary, he would remove himself and his tribe from Makkah. The Quraysh feared the consequences of such a move and begged him to give them time to reconsider.

The Delegation of `Urwah ibn Mas'ud al Thaqafi

The Quraysh then thought of sending somebody whom they could trust and whose judgment stood beyond suspicion. They approached `Urwah ibn Mas'ud al Thaqafi and apologized to him for having slighted the delegate whom they had sent before him to negotiate with Muhammad. When they assured him of their respect and pledged their compliance with his advice, he agreed to meet with Muhammad. He proposed to the latter that since Makkah was his own hometown whose honor it was his duty to safeguard, it would be opprobrious for him to prefer the commonplace people he brought with him to the noblemen of Quraysh who were none other than his own people. `Urwah stressed the point that such opprobrium would attach to Muhammad as well as to the Quraysh even though the two had been at war with each other. On hearing this, Abu Bakr objected loudly to `Urwah's request that the Prophet of God separate himself from the people. While talking to Muhammad, `Urwah touched Muhammad's beard in supplication, and al Mughirah ibn Shu'bah, standing on the side of the Prophet, struck the hand of `Urwah every time it was stretched toward Muhammad's beard despite the fact that `Urwah had ransomed al Mughirah by paying the bloodwit of the thirteen men whom all Mughirah had killed prior to his conversion to Islam. Accordingly, `Urwah returned to Makkah after convincing himself that Muhammad had not come to wage war but to honor the holy sanctuary in fulfillment of a divine imperative. Upon return to the Quraysh, he said to them: "O Men of Quraysh, I have visited Chosroes, Caesar, and the Negus in their respective courts. By God, I have never seen a king attaching himself to his people as Muhammad does. His companions love him and honor him and revere him so much that they carefully lift every hair that falls off his body, and they save the water with which he performs his ablutions. They will never allow any hand to fall on him. Judge then accordingly."

Muhammad's Delegation to Quraysh

In this way, negotiations between Muhammad and the Quraysh lasted a long time. Muhammad wondered whether or not the delegates of Quraysh had enough courage and initiative to convince the Quraysh with the facts which they had noted. He therefore sent a delegate from his own camp to inform the Quraysh of the Muslim view. The Makkans slew the camel of Muhammad's delegate and were about to kill him when the Ahabish intervened and let him go free. This conduct of the Makkans only confirmed their hostile spirit and, consequently, the Muslims began to lose patience and think of fighting their way through. While still considering what to do, some plebeians from Makkah went out under the cover of night to throw stones at the tents of the Muslims. The latter sent out forty or fifty men who encircled the attackers, captured them and brought them to the Prophet for judgment. To the surprise of everyone, Muhammad forgave the attackers and allowed them to go free in accordance with his general plan for peace and in deference to the holy month in which no blood was to be shed in al Hudaybiyah, an area falling within the holy ground of Makkah. The Quraysh for their part were stupefied by this conduct of Muhammad and lost every argument they had that Muhammad wanted war. It had become absolutely certain that any attack on the part of the Quraysh against Muhammad would be regarded by all Arabs as a sneaking, treacherous act of aggression which Muhammad would be perfectly entitled to repel with all power at his disposal.

The Prophet of God-May God's blessing be upon him-tested the patience of the Quraysh once more by sending a delegate from his camp to negotiate with them. He called 'Umar ibn al Khattab for the job of conveying his message to the noblemen of Quraysh. 'Umar, however, pleaded with the Prophet of God that since none of his people, the Banu 'Adiyy ibn Ka'b, were left in Quraysh, he would be unprotected prey for them to pounce upon in revenge for his many offenses against them. He counselled the Prophet to send another man, 'Uthman ibn 'Affan, who was far more protected among the Quraysh than he. The Prophet called 'Uthman ibn 'Affan, his son-in-law, and sent him to Abu Sufyan and the noblemen of Quraysh. 'Uthman proceeded to Makkah, and on its outskirts was met by Aban ibn Said who extended to him his protection for the duration of time that it would take him to convey his message. 'Uthman approached the noblemen of Quraysh and handed over the Prophet's message. They suggested to him that he might circumambulate the sanctuary if he wished. But he declined, saying, "I shall never do so until the Prophet of God had done so himself." He continued to insist that the Muslims had come to Makkah simply in order to visit the holy shrine and to glorify it and to perform the religious duty of pilgrimage. He pointed out that the Muslims had brought with them their sacrificial animals and pleaded that if they were allowed to sacrifice them, they would return in peace. The Quraysh pleaded that they had already sworn defiantly that Muhammad would not be allowed to enter Makkah this year. The negotiations lasted a long time during which 'Uthman was forced to stay in Makkah. Soon the Muslims began to suspect that he had been treacherously put to death. Perhaps during this time the noblemen of Quraysh were busy conversing with 'Uthman in an attempt to find a common form in which their pledge not to allow Muhammad to enter Makkah this year, and the Muslim's desire to visit the Holy House and to fulfill their religious duty, could be composed. Perhaps, too, they appreciated 'Uthman's frankness and sincerity and were seriously engaged in discussing with him how best to reorganize the relations with Muhammad in the future.

The Covenant of al Ridwan

Whatever the reason, 'Uthman's failure to return quickly caused the Muslims at Hudaybiyah no little anxiety. They began to give vent to their imagination by picturing the Quraysh treacherously attacking them in the holy month despite the sanctity of the occasion and of the purpose for which they came. They feared that the Quraysh would violate the religious conscience of all Arabia with impudence, even within the holy sanctuary or on the holy grounds of Makkah. With tension rising in the Muslim camp, and everybody reaching for his sword, Muhammad assured them that he would not allow them to return without challenging their enemies. He called his companions to him under a large tree in the middle of that valley, and there they covenanted with him to fight to the last man. Their faith was certain, their conviction was strong, and their will was determined to avenge the blood of `Uthman whom they thought the Quraysh had murdered in Makkah. This covenant was called the Covenant of al Ridwan ; and in its regard, the following verse was revealed: "God is pleased with the believers who have covenanted with you under the tree. God knows what is in their hearts and, therefore, He has granted them His peace and will soon give them great victory. [Qur'an, 48:18], When the Muslims concluded their covenant, Muhammad-May God's peace and blessing be upon him-pledged the same covenant on behalf of `Uthman, and the latter was regarded as if he were present. Thereupon, swords shook in their scabbards and the Muslims realized that war was now inevitable. Everybody looked forward to the day of victory or martyrdom with a mind convinced and satisfied, and a heart reassured and at peace. While in this state, the news reached them that `Uthman had not been murdered, and soon the man himself returned safe and sound. The Covenant of al Ridwan, however, like the great Covenant of al `Aqabah, remained a great landmark in Muslim history. Muhammad was particularly pleased with this covenant for the evidence it furnished of the strength of the bonds which tied him and his companions together, and for the readiness of the Muslims to face the greatest dangers without fear. For whoever is willing to face death will find that death itself shies away from him, life itself surrenders to him, and victory is always his own to reach.

The Quraysh's Response

Upon return, `Uthman conveyed to Muhammad the message of the Quraysh. They entertained no more doubt that the Muslims had come to Makkah for anything but the religious purpose of pilgrimage to the Holy House, and they realized that they had no right to prevent any Arab from performing his pilgrimage or `umrah during the holy month. Nonetheless, they had mobilized their army under the leadership of Khalid ibn al Walid to prevent Muhammad and his companions from entering Makkah, and some skirmishes had taken place between the two parties. After all this had happened, to let Muhammad enter Makkah would allow the tribes to conclude that the Quraysh had been defeated and, as a result, their position in the Peninsula would suffer greatly. Therefore, the Quraysh argued, they must insist on maintaining this decision of theirs in order to preserve their reputation and prestige. They invited Muhammad to think out with them both his and their position that together they might find an outlet from this difficulty. By themselves they saw no escape from a war which they would have to wage whether they wanted to or not. Rather, they wished they might not have to fight during the holy months because of their religious sanctity and out of fear that should those months be violated, then the tribes would never feel secure that they would not be violated again in the future. The result of a present conflict would be that the security of passage to Makkah and to its market, of the religious rites and of the prosperity of the Makkans and Arabs alike would all go aground.

Negotiations

Another round of negotiations between the two parties followed. The Quraysh sent Suhayl ibn `Amr to reconcile Muhammad and to ask him to return for the same purpose the following year. They argued that in such an arrangement the tribes would not claim that Muhammad had entered Makkah in defiance of the Quraysh. Suhayl began his negotiations with the Prophet, and these lasted a long time during which they were interrupted and resumed again by both parties, anxious as they were for the negotiations to succeed. In the Muslim camp the Muslims listened in on these negotiations and often lost patience at their involvement and length, the obstinacy with which Suhayl refused to make any concessions, and the leniency with which the Prophet made his. Were it not for the absolute conf dence the Muslims had in their Prophet, they would have never accepted the terms reached by those negotiations. They would have fought with the Makkans and either entered Makkah victorious or perished in the process. Even such a great man as `Umar ibn al Khattab lost patience and said to Abu Bakr, "O Abu Bakr, isn't Muhammad the Prophet of God and aren't we Muslims?" Abu Bakr answered in the affirmative. 'Umar then said, "Why then should we give in to the unbelievers in a matter vital to our faith?" Abu Bakr replied, "O 'Umar, do not trespass one inch where you ought not to go. Remember that I witness that our leader is the Prophet of God." Angrily, 'Umar acquiesced by replying: "I, too, witness that our leader is the Prophet of God."

Conclusion of the Treaty (March, 628 C.E.)

'Umar turned to Muhammad and complained to him with the same anger and resentment, but could not alter the Prophet's determination and patience. Their talk was concluded with the Prophet's statement that he was the servant of God and His Prophet and that he would not deviate from the divine commandment nor entertain any doubt of divine support. So patient was Muhammad in these negotiations that many Muslims remembered anecdotes which speak most eloquently to this effect. It is reported, for instance; that Muhammad called 'Ali ibn Abu Talib and said to him: "Write, 'In the name of God, the Merciful, the Compassionate.'" Suhayl, the non-Muslim delegate of Quraysh interrupted. "Stop," he said, "I do not know either 'the Merciful' or 'the Compassionate.' Write, 'In your name, 0 God.'" The Prophet of God instructed 'Ali to write accordingly and continued: "Write, 'Following is the text of a pact reached by Muhammad, the Prophet of God and Suhayl ibn 'Amr.' " Suhayl again interrupted. "Stop it. If I accepted you as a Prophet of God I would not have been hostile to you. You should write only your name and the name of your father." The Prophet of God instructed 'Ali to write accordingly, referring to himself as Muhammad ibn 'Abdullah. The text of the treaty was redacted and agreed upon. In the opinion of most biographers, the treaty specified that the peace was to last for ten years. According to al Waqidi, the peace was stipulated for only two years. The pact also specified that any person from Quraysh emigrating to Muhammad's camp without permission from his guardian would have to be returned to Makkah, whereas any Muslim emigrating from Muhammad's camp to Makkah would not have to be returned. It also specified that any tribe was free to ally itself to Muhammad without incurring any guilt or censure from Quraysh, and likewise, any tribe seeking an alliance with Quraysh could do so without let or hindrance from the Muslims. The pact stipulated that Muhammad and his companions would leave the area of Makkah that year without fulfilling their religious function but that they might return the next year, enter the city and stay therein three days for this purpose while carrying no more than swords in their scabbards.

Promulgation of the Treaty

As soon as this pact was solemnly concluded by the parties concerned, the tribe of Khuza`ah entered into an alliance with Muhammad and that of Band Bakr with Quraysh. Soon after, Abu Jandal ibn Suhayl ibn 'Amr left Makkah forever and came to the Muslim camp seeking to join the Muslims. When Suhayl, the delegate of Quraysh to the Muslim camp, saw his son change loyalties in his presence, he struck him in the face and pulled him by the hair to return to the Quraysh. Abu Jandal was calling upon the Muslims to save him from the fate of being returned to the unbelievers who would persecute him for his faith. This greatly increased the Muslims' resentment and their dissatisfaction with the pact the Prophet had just concluded with Suhayl. But Muhammad spoke to Abu Jandal. "0 Abu Jandal," he said, "have patience and be disciplined; for God will soon provide for you and your other persecuted colleagues a way out of your suffering. We have entered with the Quraysh into a treaty of peace and we have exchanged with them a solemn pledge that none will cheat the other." Abu Jandal returned to Quraysh in compliance with the demand of this treaty and Suhayl returned to Makkah. Muhammad, too, was disconcerted with the resentment and dissatisfaction of the Muslims around him. After reciting his prayers he felt reassured, sought his sacrificial animal, and slaughtered it. Then, he sat down and shaved his head, thus declaring the `umrah, or lesser pilgrimage, complete. His soul was satisfied and his heart full of contentment, as if the peace of God had come upon him. When the people saw what he did and observed the peace of soul shining through his face, they began to slaughter their animals and to shave off their hair. Some of them shaved off their hair completely and others only in part. Muhammad said, "God Bless those who shaved their heads." The people asked him about those who only cut their hair short, and Muhammad repeated his blessing for the benefit of those who shaved their heads. After the people asked him three times and he repeated the same blessing three times, he was asked: "Why, 0 Prophet of God, do you exclude those who cut off their hair short from your blessing?" He answered, "Because the shavers did not doubt, whereas the others did." [It was customary for the pilgrim in pre-Islamic Arabia to shave his head as evidence of desacralization after a complete performance of the religious function of pilgrimage. When the performance of the religious function had been interrupted or any one of its rituals for some reason missed, the pilgrim would only cut his hair short rather than shave it. He thereby gave evidence of his awareness that his religious function had not been completely fulfilled and of the need to repeat the same function in the following season. -Tr.]

The Treaty of Hudaybiyah: A Genuine Victor

Nothing remained for the Muslims to do except to return to Madinah and there await the arrival of the coming season for another trip to Makkah, Most of them accepted this idea grudgingly, and consoled themselves purely on the grounds that the unwelcome compliance therewith was only the command of the Prophet himself. They were not accustomed to acquiesce in a defeat or to surrender without a fight. Moreover, in their faith in God and in the timely assistance that God would grant to His Prophet, his religion and themselves, they could entertain no shadow of a doubt of their ability to storm Makkah if only Muhammad had commanded it. They stayed in al Hudaybiyah a few days questioning one another regarding the wisdom of this pact which the Prophet had concluded. Some of them were inclined to doubt its wisdom. But they bore in patience and then returned home. On their way home between Makkah and Madinah, the surah "al Fath" was revealed to the Prophet, and he recited it to his companions.



"We have granted to you a clear victory that God may forgive you your past and future shortcomings, grant you His blessings, and guide you to the straight path." [Qur'an, 48:1-30]

There was hence no reason to doubt that the Hudaybiyah Treaty was a victory for the Muslims. History has shown that this pact was the product of profound political wisdom and farsightedness and that it brought about consequences of great advantage to Islam and indeed to Arabia as a whole. It was the first time that Quraysh acknowledged that Muhammad was an equal rather than a mere rebel and runaway tribesman. It was the first time that Makkah acknowledged the Islamic state that was rising in Arabia. Makkan acquiescence in the right of the Muslims to visit the sanctuary and to perform the pilgrimage was equally a recognition on her part that Islam was an established and approved religion in the Peninsula. Furthermore, the peace of the following two or ten years gave the Muslims the peace and security they needed on their southern flank without fear of an invasion from Quraysh. The peace also contributed to the spread of Islam. Even Quraysh, the most determined enemy of Islam and its greatest antagonist, had by this pact come to recognize Islam and its community, and to acquiesce in that in which it had never acquiesced before. Indeed, Islam spread after this treaty more widely and quickly than it had ever spread before. While those who accompanied Muhammad to Hudaybiyah counted one thousand and four hundred, those who accompanied him on his conquest of Makkah two years later counted well over ten thousand. The greatest objection to those who doubted the wisdom of the Hudaybiyah pact was directed to the provision that any Quraysh member joining the Muslims without the permission of his guardian would have to be returned to Quraysh, and that any apostate from Islam would not have to be returned to Madinah. Muhammad's opinion in this matter centered on the consideration that the apostate from Islam who seeks the shelter of Quraysh is not really worthy of readmission to the Muslim community; that for the convert who wished to join that community but who was not allowed to at present, God would soon find an outlet. Events have confirmed this judgment of Muhammad far more quickly than his companions anticipated, and given evidence that Islam had actually drawn great advantages. Indeed, the treaty even made it possible two months later for Muhammad to begin to address himself to the kings and chiefs of foreign states and invite them to join Islam.

The Story of Abu Basir

Events succeeded one another very rapidly, all of which confirmed Muhammad's judgment and wisdom. Abu Basir became a Muslim and escaped from Makkah to Madinah. Obviously, the provisions of the Hudaybiyah Treaty applied to him and demanded his return to the Quraysh, for he had not obtained the permission of his master. Azhar ibn `Awf and al Akhnas ibn Shariq wrote to the Prophet to this effect and sent their letter with a tribesman of Banu `Amir and a slave of theirs. When the demand was made, the Prophet called Abu Basir and said to him: "We have covenanted with the Quraysh to honor the Treaty of Hudaybiyah which you well know. In our religion, we are not permitted to cheat. You should therefore return to your people. God will grant to you and to the other persecuted Muslims a means of emancipation in His good time." Abu Basir objected to the Prophet that the unbelievers would force him to apostatize. The Prophet, however, repeated the same judgment to him. Abu Basir had, therefore, to give himself up to the two messengers and accompany them back to Makkah. Once they arrived at Dhu al Hulayfah, Abu Basir asked the Banu `Amir tribesman to show him his sword, and as soon as he laid his hand upon it, he struck the tribesman with it and killed him. The Makkan slave ran toward Madinalf and into the Prophet's presence with obvious signs of fear and panic on his face. When interrogated, the slave told the Prophet that Abu Basir had killed his master. Soon, Abu Basir himself arrived brandishing his sword and addressing Muhammad: "0 Prophet of God, you have fulfilled your duty under the Treaty and God has relieved you of your obligation, for you have in fact surrendered me to my people as the treaty prescribed. But I was not willing to allow myself to be persecuted, enticed away, or forced to abjure my religion." The Prophet did not hide his admiration for him and wished that he had many companions. Later on, Abu Basir went to al `Is on the sea coast, on the road which the Quraysh followed to al Sham and which the Treaty of Hudaybiyah prescribed to keep open for Makkan trade. When his story and that of Muhammad's admiration of him reached Makkah, the Muslims still residing there were elated, and about seventy of them ran away to al `Is to follow him as their chief. Abu Basir and his companions began to cut off the trade route on their own initiative, killing any unbeliever they caught and seizing any camels belonging to Quraysh. Only then did it dawn on the Quraysh what a loss they had incurred by insisting as they did on keeping their Muslim members or slaves in forced residence in Makkah. They realized that the man who is truly committed to Islam was a greater handicap to them than the loss of him altogether to the Muslim camp. Such a man would escape at the first opportunity without entering into the camp of Muhammad and, hence, without becoming an outlaw under the prescriptions of the Hudaybiyah Treaty. He would then wage a terrible war against the Makkans in which the Makkans had everything to lose and nothing to gain. Remembering too well that Muhammad had cut off the caravan road after his emigration to Madinah, the Quraysh feared that Abu Basir would do likewise. They therefore wrote to the Prophet asking him, in violation of the Hudaybiyah Treaty, to accept their fugitives into his camp, in order to keep the caravan route open. In the consequent negotiation, the Quraysh relinquished the privilege emphasized by Suhayl ibn'Amr so strongly, namely, that the Muslims of Quraysh who escape therefrom without approval of their masters or guardians be returned to Quraysh. Thus, the concession criticized by 'Umar ibn al Khattab and for the sake of which he revolted against Abu Bakr was dropped by request of the Quraysh. Muhammad then invited all the Muslims to enter Madinah, and the caravan route to al Sham became once more secure.

Muslim Women Emigrants

As for the Muslim women of Quraysh who escaped to Madinah, Muhammad had a different opinion. Umm Kulthum, daughter of 'Uqbah ibn abu Mu'ayt, escaped from Makkah to Madinah after the Hudaybiyah Treaty, and her two brothers 'Umarah and al Walid came to the Prophet demanding her return under terms of the Treaty. The Prophet refused, judging that the treaty did not apply to women and that if women called for assistance and shelter, their request could not be turned down. Furthermore, when a woman becomes a Muslim, she is no more legally tied to her husband who is an unbeliever. Dissolution of the bond of marriage is then automatic. On this point, the revelation is clear: "O Men who believe, if the women believers come to you for shelter, examine them, remembering that God knows the nature of their faith better than anyone. If you find them to be true believers, do not return them to the polytheists to whom they are no longer legitimate. Return to them that which they have spent and marry them if you wish; for there is no blame upon you if you do so, provided you give them their dowries. Do not hold to your matrimonial ties with women unbelievers, but ask them to return what you have spent and return to them what they have spent and separate yourselves from each other. That is the judgment of God and He wishes to see it observed among you. God is All-Knowing and All-Wise." [Qur'an, 60:10] Thus events confirmed Muhammad's wisdom, foresight, and deep political insight. History has indeed proved that the Treaty of al Hudaybiyah actually laid down a very important foundation for Islam's political career as well as for its spread throughout the world. That is the meaning of the clear victory God had promised.

Relations between Quraysh and Muhammad became quite peaceful and settled after the Treaty of al Hudaybiyah. Both parties felt secure. The Quraysh embarked on enlarging trade, hoping to recapture the losses which had resulted from the war with the Muslims in which the road to al Sham was cut. As for Muhammad, he embarked on a wider policy of mission, seeking to bring his message to all men in all corners of the earth and to lay down the foundations for the happiness and success of the Muslims throughout the Peninsula now that their security was guaranteed. Both these considerations enabled him to send his messengers to the kings in the surrounding empires and, especially after the Battle of Khaybar, to expel the Jews from the Arabian Peninsula altogether.

The Quran on Human Embryonic Development

SOURCE

In the Holy Quran, God speaks about the stages of man’s embryonic development:

We created man from an extract of clay. Then We made him as a drop in a place of settlement, firmly fixed. Then We made the drop into an alaqah (leech, suspended thing, and blood clot), then We made the alaqah into a mudghah (chewed substance)... 1 (Quran, 23:12-14)

Literally, the Arabic word alaqah has three meanings: (1) leech, (2) suspended thing, and (3) blood clot.

In comparing a leech to an embryo in the alaqah stage, we find similarity between the two as we can see in figure 1. Also, the embryo at this stage obtains nourishment from the blood of the mother, similar to the leech, which feeds on the blood of others.

Figure 1: Drawings illustrating the similarities in appearance between a leech and a human embryo at the alaqah stage. (Leech drawing from Human Development as Described in the Quran and Sunnah, Moore and others, p. 37, modified from Integrated Principles of Zoology, Hickman and others. Embryo drawing from The Developing Human, Moore and Persaud, 5th ed., p. 73.)

The second meaning of the word alaqah is “suspended thing.” This is what we can see in figures 2 and 3, the suspension of the embryo, during the alaqah stage, in the womb of the mother.

Figure 2: We can see in this diagram the suspension of an embryo during the alaqah stage in the womb (uterus) of the mother. (The Developing Human, Moore and Persaud, 5th ed., p. 66.)

Figure 3: In this photomicrograph, we can see the suspension of an embryo (marked B) during the alaqah stage (about 15 days old) in the womb of the mother. The actual size of the embryo is about 0.6 mm. (The Developing Human, Moore, 3rd ed., p. 66, from Histology, Leeson and Leeson.)

The third meaning of the word alaqah is “blood clot.” We find that the external appearance of the embryo and its sacs during the alaqah stage is similar to that of a blood clot. This is due to the presence of relatively large amounts of blood present in the embryo during this stage4 (see figure 4). Also during this stage, the blood in the embryo does not circulate until the end of the third week. Thus, the embryo at this stage is like a clot of blood.

Figure 4: Diagram of the primitive cardiovascular system in an embryo during the alaqah stage. The external appearance of the embryo and its sacs is similar to that of a blood clot, due to the presence of relatively large amounts of blood present in the embryo. (The Developing Human, Moore, 5th ed., p. 65.)

So the three meanings of the word alaqah correspond accurately to the descriptions of the embryo at the alaqah stage.

The next stage mentioned in the verse is the mudghah stage. The Arabic word mudghah means “chewed substance.” If one were to take a piece of gum and chew it in his or her mouth and then compare it with an embryo at the mudghah stage, we would conclude that the embryo at the mudghah stage acquires the appearance of a chewed substance. This is because of the somites at the back of the embryo that “somewhat resemble teethmarks in a chewed substance.” (see figures 5 and 6).

Figure 5: Photograph of an embryo at the mudghah stage (28 days old). The embryo at this stage acquires the appearance of a chewed substance, because the somites at the back of the embryo somewhat resemble teeth marks in a chewed substance. The actual size of the embryo is 4 mm. (The Developing Human, Moore and Persaud, 5th ed., p. 82, from Professor Hideo Nishimura, Kyoto University, Kyoto, Japan.)

Figure 6: When comparing the appearance of an embryo at the mudghah stage with a piece of gum that has been chewed, we find similarity between the two.
A) Drawing of an embryo at the mudghah stage. We can see here the somites at the back of the embryo that look like teeth marks. (The Developing Human, Moore and Persaud, 5th ed., p. 79.)
B) Photograph of a piece of gum that has been chewed.

How could (Prophet) Muhammad have possibly known all this 1400 years ago, when scientists have only recently discovered this using advanced equipment and powerful microscopes which did not exist at that time? Hamm and Leeuwenhoek were the first scientists to observe human sperm cells (spermatozoa) using an improved microscope in 1677 (more than 1000 years after Muhammad

). They mistakenly thought that the sperm cell contained a miniature preformed human being that grew when it was deposited in the female genital tract. Professor Emeritus Keith L. Moore is one of the world’s most prominent scientists in the fields of anatomy and embryology and is the author of the book entitled The Developing Human, which has been translated into eight languages. This book is a scientific reference work and was chosen by a special committee in the United States as the best book authored by one person. Dr. Keith Moore is Professor Emeritus of Anatomy and Cell Biology at the University of Toronto, Toronto, Canada. There, he was Associate Dean of Basic Sciences at the Faculty of Medicine and for 8 years was the Chairman of the Department of Anatomy. In 1984, he received the most distinguished award presented in the field of anatomy in Canada, the J.C.B. Grant Award from the Canadian Association of Anatomists. He has directed many international associations, such as the Canadian and American Association of Anatomists and the Council of the Union of Biological Sciences.

In 1981, during the Seventh Medical Conference in Dammam, Saudi Arabia, Professor Moore said: “It has been a great pleasure for me to help clarify statements in the Quran about human development. It is clear to me that these statements must have come to Muhammad from God (Allah S.W.T.), because almost all of this knowledge was not discovered until many centuries later. This proves to me that Muhammad must have been a messenger of God. (Allah S.W.T.)

Consequently, Professor Moore was asked the following question: “Does this mean that you believe that the Quran is the word of God? (Allah S.W.T.)” He replied: “I find no difficulty in accepting this.”

During one conference, Professor Moore stated: “....Because the staging of human embryos is complex, owing to the continuous process of change during development, it is proposed that a new system of classification could be developed using the terms mentioned in the Quran and Sunnah (what Muhammad said, did, or approved of). The proposed system is simple, comprehensive, and conforms with present embryological knowledge. The intensive studies of the Quran and hadeeth (reliably transmitted reports by the Prophet Muhammad’s companions of what he said, did, or approved of) in the last four years have revealed a system for classifying human embryos that is amazing since it was recorded in the seventh century A.D. Although Aristotle, the founder of the science of embryology, realized that chick embryos developed in stages from his studies of hen’s eggs in the fourth century B.C., he did not give any details about these stages. As far as it is known from the history of embryology, little was known about the staging and classification of human embryos until the twentieth century. For this reason, the descriptions of the human embryo in the Quran cannot be based on scientific knowledge in the seventh century. The only reasonable conclusion is: these descriptions were revealed to Muhammad from God (Allah SWT). He could not have known such details because he was an illiterate man with absolutely no scientific training.”
____________________________

Footnotes:

(1) Please note that what is between these special brackets (...) in this web site is only a translation of the meaning of the Quran. It is not the Quran itself, which is in Arabic.

(2) The Developing Human, Moore and Persaud, 5th ed., p. 8.

(3) Human Development as Described in the Quran and Sunnah, Moore and others, p. 36.

(4) Human Development as Described in the Quran and Sunnah, Moore and others, pp. 37-38.

(5) The Developing Human, Moore and Persaud, 5th ed., p. 65.

(6) The Developing Human, Moore and Persaud, 5th ed., p. 8.

(7) The Developing Human, Moore and Persaud, 5th ed., p. 9.

(8) Note: The occupations of all the scientists mentioned in this web site were last updated in 1997.

(9) The reference for this saying is This is the Truth (videotape). For a copy of this videotape, please visit this page.

(10) This is the Truth (videotape).

(11) This is the Truth (videotape). For a copy, see footnote no. 9.

Can a Machine Issue Islamic Fatwas?

http://www.aawsat.com/english/news.asp?section=7&id=11493

17/01/2008
By Mona Madkour

Cairo, Asharq Al-Awsat- A controversial new electronic device could revolutionize the field of Islamic jurisprudence and allegedly issue more accurate Shariah fatwas [religious edicts]. The device, currently in production in France, will be known as the 'Electronic Mufti' and will depend on Artificial Intelligence (AI) to issue opinions on contemporary Muslim affairs and matters.

Asharq Al-Awsat met with the only Arab participating in the production of this machine, Engineer Dr. Anas Fawzi, who hails from Egypt and is a communications expert who is part of the team based in France.

He describes the device as "a very large capacity computer on which all the information that is relevant to a given [historical] figure is uploaded; everything that has been mentioned in history books or chronicled documents that indicate his/her responses and attitudes towards all positions adopted in his/her life. Through a process that relies on AI, the computer then simulates responses based on the available data so that the answers are the expected response that the person in question would give if they were alive," said Dr. Fawzi.

"The device deduces the expected response through consulting thousands of examples that have been uploaded on to the machine, pertaining to that person whilst taking into account their reactions so that it may relate the expected response in accordance with their personality as created by the Artificial Intelligence apparatus," explained Dr. Fawzi.

Regarding the team working to implement this project, Dr. Fawzi said that the creation of this machine is undertaken by a group of French scientists and that it is not available to the public.

He added, "Despite the success of research over the past decades, [AI] is still incapable of fully knowing and familiarizing itself with the human mind's operations. There are also considerable attempts being made to make AI machines 'translate' human emotions and reactions from sadness to joy and compassion, among other human feelings."

In terms of the nationalities of the scientists and their fields of specialization, Dr. Fawzi said, "Scientists who have invented this device [electronic mufti] hail from various different nations. I am honoured to be part of this unprecedented scientific achievement. Through my work and residence in France for many long years, I am proud to be working with an exemplary large team where dozens of specializations abound."

In terms of implementing this technology and benefitting from it in the realm of Islam and fatwas, Dr. Fawzi said, "Although a team has assembled and uploaded all the information that is available about the Prophet Mohammed in [canonical] Islamic history books, the holy Quran and what is known about his life through Sunnah," he acknowledges that it would be highly controversial – if not downright contentious – to implement this.

Notwithstanding, he revealed, "I have consulted with several Islamic scholars and clerics in elevated positions – there is no need to mention their names so as to avoid stirring up public opinion – however, they have assured me that such a device is not 'haram' [prohibited by Islam]. But there are fears and scepticism regarding misuse and causing any misrepresentation or defamation to the figure of the Prophet. There are also fears in terms of Arab and Islamic public opinion and their acceptance of a machine such as this."

Dr. Fawzi expressed his aspiration to supervise over a team that could be headed by a group of Islamic clerics who would be directly responsible for all the religious edicts that can be sent to anyone anywhere in the world via email or through mobile phones or even using telephones so that questions may be posed directly.

Regarding the views of various Islamic scholars and clerics about this device, the Egyptian Awqaf [Religious Endowments] Ministry's First Undersecretary for Preaching Affairs, Dr. Shawqi Abdel Latif said with regards to the concept of 'simulating' the figure of the Prophet of Islam to serve the Islamic religion in accordance with special conditions: "the idea is a noble one if indeed it calls for Muslim unity in matters of religion in light of the satellite [channel] wars that the Muslim endure, in addition to the incapability of the relevant bodies of formulating and setting forth ideas in the interest of Muslims. However, I strongly stress that there is no machine or human mind capable of simulating the figure of the Prophet regardless of their knowledge or immensely advanced technological capabilities."

He also added that, "God Almighty blessed the Prophet and chose him and you cannot transcend over the rest of the creatures to be like him; the true differentiating factor here is Revelation. The incorrect interpretation of the Quranic verse 'Say: I am only a mortal like you' (Surat al Kahf 18:110) does not in any way mean that there is any similitude between us and the Prophet or between him and any famous figure that the machine can simulate."

Dr. Abdel Latif continued to say that, "If they wanted to apply this machine's capabilities to Islam then the sole condition would be that it serve the implementation of Islamic Shariah and unite the religions fatwas [religious edicts] and ijtihad [independent Islamic interpretation]. This can be achieved through the formation of an Al-Azhar religious committee that could attribute what has been issued by the machine to be in accordance with Islamic Shariah – not according to what the Prophet has said."

As for Dr. Mustafa al Swahili, professor at Al-Azhar University, he totally rejects the concept behind this machine and said, "I am in complete agreement that Islam is a glorious science and that it invites interpretation – so long as it does not violate the religion. I believe a device such as this will create confusion among the people since no matter how advanced science is; it will still have limitations because simulation is limited and does not yield full answers."

However, Dr. al Swahili stressed the importance of seeking knowledge and confirmed that it is an Islamic duty to always seek and further knowledge.

TOWARDS UNDERSTANDING THE QUR'AN

ORIGINAL SOURCE

By Amanullah Vadakkangara

The Qur'an is the most sacred Book in the world. It is the uncreated word of Allah, given as the greatest blessing to the whole mankind through the last Messenger Mohammad (peace and blessings of Allah be upon him). We all know that Allah the Almighty, being the Creator, Protector and Sustainer of the universe has taken the responsibility of giving guidance to the people. For this purpose He has sent Messengers to all places in all times with glad tidings for the good doers and severe warnings of punishment to those who reject the divine Message.

Allah has revealed divine books and pages of instructions to several prophets. But all the prophets before Mohammad (pbuh) were sent to a particular time and to a particular community. Their messages were confined to their respective areas. That is why the books revealed to them are not found now in the original form, though some copies with enough additions and omissions are kept with some communities and they consider it divine still today.

A sincere attempt to see the actual conditions of these scripts reveals that Allah has sent Taurat to Moosa (Moses), Injeel to Isa (Jesus) and Zaboor to Dawood (David) - peace be on them - before the prophethood of Mohammad (pbuh). Originally all these were from Allah with divine instructions to their community. But by the passage of time the followers of those books misinterpreted the verses and made their own words in the book so as to suit and safeguard their interests.

But the case of the Qur'an is entirely different. Since Prophet Mohammad (pbuh) has been sent to the whole mankind till the Day of Judgment and since he is the Last Messenger to the universe, Allah made the Holy Qur'an the last of His divine revelation and He Himself took up the responsibility of protecting it from all possible malpractices and misintrepretations. Thus we can see that the Qur'an is the most widely read Book in the whole world.

It is noteworthy that even after 14 centuries the Revelation exists in its original form without being affected even by a single change to any of its letters. Allah says: "Surely We have sent down the Qur'an and will protect it". This is very much clear and everybody will agree to this fact. It is wonderful to note that millions of people are reciting this Holy Book everyday knowingly or unknowingly the meanings of its contents.

The Qur'an contains 114 Suras (chapters) of unequal length. These Suras were revealed occasionally and were given parts by parts to the Prophet and hence it took 23 years to complete it. Scholars say that this was done with a purpose.

First, the Prophet (pbuh) was unlettered and he had to learn the revealed parts by heart. So Allah revealed His messages to him part by part to ease his memorisation. Most of the companions of the Prophet (pbuh) were also unlettered. So this would help them also to learn by heart portion by portion. Secondly, the Prophet was moulding a typical Islamic society strictly with spiritual code and conduct throughout their life. So timely instructions and practical solutions to their problems had to be given. Allah wanted to convince them of the situations and give directions on the spot.

So we see several verses were revealed on several occasions and this in turn shows the miracle of this Holy Book. When the disbelievers highlighted this as a defect for a Holy Book, the Qur'an replied to them in Suratul Furqan. Allah explains this: "Those who reject Faith say: Why is not the Qur'an revealed to him all at once? Thus (is it revealed), that We may strengthen thy heart hereby, and We Rehearsed it to thee in slow, well­arranged stages, gradually".

Three reasons are given for the gradual revelation of the Qur'an: (1) "To strengthen thy heart": the tremendous task of winning the Arab nation, and, through them, the whole world, to Islam, required superhuman patience, constancy, and firmness, and these qualities were strengthened by the gradual promulgation of solutions to each difficulty as it arose. (2) "Slow, well­arranged stages": though the stages were gradual, as the occasion demanded from time to time, in the course of 23 years, the whole emerged, when completed, as a well­arranged scheme of spiritual instruction, as we have seen in following the arrangement of the Suras. (3) Questions put and answers given.

Divine knowledge is a fathomless ocean. But glimpses of it can be obtained by any individual sincerely searching for the Truth. Their progress will be in grades. If they ask questions, and answers are then furnished to them, they are more likely to apprehend the Truth, as they have already explored the part of the territory in which they are interested.

In the same way, when concrete questions arise by the logic of events, and they are answered not only for the occasion, but from a general standpoint, the teaching has a far greater chance of penetrating the human intelligence and taking shape in practical conduct. And this is the usual way of instruction in the Qur'an.

"(It is) a Qur'an which We have divided (into parts from time to time), in order that thou mightest recite it to men at intervals: We have revealed it by stages" (Sura Al Isra: 106). The marvel is that these parts, revealed at different times and in different circumstances, should fit together so closely and consistently as they do. All revelation is progressive. Each of them marked a stage in the world's spiritual history. Man's mind does not take in more than his spiritual state will have prepared him for God's revelation comes as a light to illuminate our difficulties and show us the way in actual situations that arise.

The Suras of the Qur'an are divided into two: Makki Suras and Madani Suras. Those Suras which were revealed to the Prophet in his Makkan period is termed as Makkan Suras and the Suras revealed to him in Madina are known as Madani Suras. The Suras which were revealed in the early Makkan period were mainly concentrating on the following three points.

1. Directives were given to the Prophet (peace be upon him) on how he should prepare himself for his great mission and how he should begin working for the fulfilment of his task.

2. A fundamental knowledge of reality was furnished and misconceptions commonly held by people in that regard - misconceptions which gave rise to wrong orientation in life - were removed.

3. People were exhorted to adopt the right attitude toward life. Moreover, the Qur'an also elucidated those fundamental principles which, if followed, lead to man's success and happiness.

In keeping with the character of the mission at this stage the early revelations generally consisted of short verses, couched in language of uncommon grace and power, and clothed in a literary style suited to the taste and temperament of the people to whom they were originally addressed, and whose hearts they were meant to penetrate. The rhythm, melody and vitality of these verses drew rapt attention, and such was their stylistic grace and charm that people began to recite them involuntarily.

This early stage lasted for four or five years, during which period the following reactions to the Prophet's message manifested themselves:

1. A few people responded to the call and agreed to join the Ummat (community) committed, of its own volition, to submit to the Will of God.

2. Many people reacted with hostility, either from ignorance or egotism, or because of chauvinistic attachment to the way of life of their forefathers.

3. The call of the Prophet, however, did not remain confined to Makkah or to the Quraysh. It began to meet with favourable response beyond the borders of that city and among other tribes.

The next stage of the mission was marked by a hard, vigorous struggle between the Islamic movement and the age­old Jahiliyah traditions of Arabia. Not only were the Makkans and the Quraysh bent upon preserving their inherited way of life, they were also firmly resolved to suppress the new movement by force. They stopped at nothing in the pursuit of this objective. They resorted to false propaganda; they spread doubt and suspicion and used subtle, malinsinuations to sow distrust in people's minds. They tried to prevent people from listening to the message of the Prophet. They perpetrated savage cruelties on those who embraced Islam. They subjected them to economic and social boycott, and persecuted them to such an extent that on two occasions a number of them were forced to leave home and emigrate to Abyssinia, and finally they had to emigrate en masse to Madina.

Despite the strong and growing resistance, enmity and opposition, the Islamic movement continued to spread to all nooks and corners of the Arabian Peninsula and during the Prophet's long and arduous struggle God continued to inspire him with revelations possessing at once the smooth, natural flow of a river, the violent force of a flood and the overpowering effect of a fierce fire.

These messages instructed the believers in their basic duties, inculcated in them a sense of community and belonging, exhorted them to piety, moral excellence and purity of character, taught them how to preach the true faith, sustained their spirit by promises of success and Paradise in the Hereafter, aroused them to struggle in the cause of God with patience, fortitude andhigh spirits, and filled their hearts with such zeal and enthusiasm that they were prepared to endure every sacrifice, brave every hardship and face every adversity.

At the same time, those either bent on opposition, or who had deviated from the right way, or who had immersed themselves in frivolity and wickedness, were warned by having their attentions called to the tragic ends of nations with whose fates they were familiar. They were asked to draw lessons from the ruins of those localities through which they passed every day in the course of their wanderings.

Evidence for the unity of God and for the existence of the After­life was pointed to in signs visible to their own eyes and within the range of their ordinary experience. The weaknesses inherent in polytheism, the vanity of man's ambition to become independent even of God, the folly of denying the After­life, the perversity of blind adherence to the ways of one's ancestors regardless of right or wrong, were all fully elucidated with the help of arguments cogent enough to penetrate the minds and hearts of the audience.

Moreover every misgiving was removed, a reasonable answer was provided to every objection, all confusion and perplexity was cleared up, and ignorance was besieged from all sides till its irrationality was totally exposed. Along with all this went the warning of the wrath of God. The people were reminded of the horrors of Doomsday and the tormenting punishment of Hell. They were also censured for their moral corruption, for their erroneous ways of life, for their clinging to the ways of ignorance, for their opposition to Truth and their persecution of the believers. Furthermore, these messages enunciated those fundamental principles of morality and collective life on which all sound and healthy civilizations enjoying God's approval had always rested.

This stage was unfolded in several phases. In each phase, the preaching of the message assumed ever wider proportions, as the struggle for the cause of Islam and opposition to it became increasingly intense and severe, and as the believers encountered people of varying outlooks and beliefs. All these factors had the effect of increasing the variety of the topics treated in the messages revealed during this period. Such, in brief, was the situation forming the background to the Makkan Suras of the Qur'an.

Even after 13 years of relentless efforts the Prophet (pbuh) and his companions found Makkah unfavourable to continue their mission and were forced to migrate to Madina. During this stage, circumstances changed drastically. The Muslim community succeeded in establishing a fully­fledged state; its creatives of the ancient ignorance of Arabia. The community also encountered followers of the former prophets, i.e. Jews and Christians. An additional problem was that hypocrites began to join the fold of the Muslim community; their machinations needed to be resisted.

After a severe struggle, lasting ten years, the Islamic movement reached a high point of achievement when the entire Arabian peninsula came under its way and the door was open to worldwide preaching and reform. This stage, like the preceding one, passed through various phases each of which had its peculiar problems and demands.

It was in the context of these problems that God continued to reveal messages to the Prophet. At times these messages were couched in the form of fiery speeches; at other times they were characterised by the grandeur and stateliness of majestic proclamations and ordinances. At times they had the air of instructions from a teacher; at others the style of preaching of a reformer. These messages explained how a healthy society, state and civilization could be established and the principles on which the various aspects of human life should be based.

They also dealt with matters directly related to the specific problems facing the Muslims. For example, how should they deal with the hypocrites (who were harming the Muslim community from within) and with the non­Muslims who were living under the care of the Muslim Society? How should they relate to the People of the Book? What treatment should be meted out to those with whom the Muslims were at war, and how should they deal with those with whom the Muslims were at war, and how should they deal with those with whom them were bound by treaties and agreements? How should the believers, as a community, prepare to discharge their obligations as vicegerents of the Lord of the Universe?

Through the Qur'an the Muslims were guided in questions like these, were instructed and trained, made aware of their weaknesses, urged to risk their lives and property for the cause of God, taught the code of morality they should observe in all circumstances of life - in times of victory and defeat, ease and distress, prosperity and adversity, peace and security, peril and danger.

In short, they were being trained to serve as the successors of the mission of the Prophet, with the task of carrying on the message of Islam and bringing about reform in human life. The Qur'an also addressed itself to those outside the fold of Islam, to the People of the Book, the hypocrites, the unbelievers, the polytheists. Each group was addressed according to its own particular circumstances and attitudes. Sometimes the Qur'an invited them to the true faith with tenderness and delicacy; on other occasions, it rebuked and severely admonished them. It also warned them against, and threatened them with, punishment from God. It attempted to make them take heed by drawing their attention to instructive historical events. In short, people were left with no valid reason for refusing the call of the Prophet.

Such, briefly, is the background to the Madani Suras of the Qur'an (Tafheemul Qur'an, Syed Abul A'la Maudoodi, Part 1, P­17).

As we have already noted in our earlier articles it was in a Ramadan the revelation of the Holy Qur'an was started. It is vivid clear in the history that the social conditions of the sixth century Arabia was deplorable and people led a barbarian life of immoralities. They didn't follow any ethics or never considered values. Their life was concerned mainly in what is called three w's viz. war, wine and women. Even before the prophethood Mohammad (pbuh) hated such acts and spent time in the cave of Hira involved in deep mediation. It was on this time the Angel Jibreel appeared before him with the first message. There he was given the first five verses from the Suratul Alaq.

Guidance for the mankind

When we think about the revelation of the Holy Qur'an it comes to our mind, that Allah, the Creator, Evolver, Sustainer and Cherisher of all the creatures had considered Himself as His responsibility to guide the mankind to the right direction before they come before Him for judgement. Unless and until enough instructions are not given regarding how to live on the earth there is no meaning in assembling the people, judging their deeds and dividing them into Paradise or Hell.

Allah is All­wise All­knowing and all seeing so He took as a practice of sending messengers to all people with glad tidings to those who move along with the right path, obeying the commands of the Creator and His Messenger and warning of severe punishment to those who reject the appeal of the prophets and go astray. We know that Allah's providence encompasses not only the entire physical side of human beings but it also furnishes with the means of spiritual sustenance to enable them to attain the Ideal of becoming his vicegerents on earth. Prophets were sent for this purpose.

It should also be noted that man has unlimited and ever increasing problems in this world. He himself is not able to overcome it or find any suitable solution for it. That is why Allah gave clear­cut instruction since His first creation. He ordained "When there comes to you a guidance from Me, then whosoever follows My guidance, no fear shall be on them, nor shall they grieve. And those who choose disbelief and belie Our Signs, these be the Companions of Fire, in that they abide for ever." (Sura Al­Baqara: 38­39).

From these verses we can understand that it is not for man to prescribe the way of life which his fellow human beings should follow. In his double capacity as the subject and vicegerent of God, man is required to follow the way of life prescribed by his Lord and there are only two means of access to this way, either by direct revelation from God or by following one to whom God has revealed guidance. Resorting to any other means in quest of salvation is not only fundamentally wrong but tantamount to rebellion.

Since the chain of prophethood is closed with the sending of Mohammad (peace and blessings of Allah be upon him) as a mercy and guidance to the all world there are no chances left over for anybody to reject his teachings in the way of right direction. It was on this account the Prophet (pbuh) said, "I have left two things with you, so long as you behold that you will not go astray. They are the Book of Allah and the Sunna of the Prophet."

From the approach of the Qur'an we can see that all prophets were sent down with the same message of emancipating people from the worship of the creatures and leading them to the worship of the God, the Creator.

The following Qur'anic lessons deserve special mentioning in this regard.

1. All nations of the world were provided with spiritual guidance through their Prophets: And every community had its warner
And for each community there was a messenger


2. These prophets were all human beings, as human beings only could serve as perfect models to and reformers of mankind: And nothing prevents men from believing when the guidance comes to them except that they say: Does God raise up a human being as a messenger? Say: Had there been in the earth angels walking therein as settlers, surely We would have caused to come down upon them from above an angel as a messenger.
And We sent not before thee except men whom We gave Our command. Therefore ask ye of the People of the Book if you know not. And We gave them not bodies not taking food and they were not exempt from death.


3. All these prophets were sinless: It is not attributable to a prophet that he should act unfaithfully.


4. They were all given books for the guidance of their people: Then God sends His Prophets (Anbiya), bearers of glad tidings and so warners, and He sends with them the Book with the truth.
Surely We have sent Our messengers (Rusul) with clear proofs and We have sent down with them the Book and the balance that mankind may keep up justice.


5. Only some among them were mentioned by name but there were many more whose names were not mentioned: And there are messengers We have related to thee ere this and messengers We have not related to thee.


6. Belief in the prophets of all nations is an essential article of a Muslim's faith and forms the basis of the brotherhood of all nations:

7. And who believe in what has been sent to thee and what was sent before thee.

We should understand that the Holy Qur'an is the most important blessing from Allah to the mankind. Allah has offered reward for reciting this Holy Book even without knowing the meaning. When we recite, learn and memorise it Allah will give countless rewards and blessings for us by this act of virtue. The Prophet (pbuh) has said, the best among you are those who learn Qur'an and teaches it.

The Qur'an says: Allah will exalt those who believe among you, and those who have knowledge, to high ranks and God is well acquainted with all you do (Suratul Mujadala ­ II). It come in a hadith that "One who is skilled in the Qur'an is associated with the noble, upright recording angels; and he who falters when reciting the Qur'an and finds it difficult for him will get double reward from Allah.

It is also a known hadith that the Prophet (pbuh) advised his companions "Recite the Qur'an, for on the Day of Resurrection it will come as an intercessor for those who recite it. See the translations of some of the Hadiths shedding light on the significance of the recitation, memorisation and learning the Holy Qur'an.

1. If anyone recites a letter of the Holy Qur'an he will be credited with a good deed and a good deed gets a tenfold reward, ten sins are forgiven and he is raised ten ranks high. I do not say that ALM are one letter, but alif is a letter, lam is a letter and mim is a letter.

2. "On the Day of Judgment it will be said to the People of Qur'an: Go on reciting the Qur'an and continue ascending the storeys of paradise and in measure you had been reading in worldly life, your final abode will be where you reach at the time of the last verse of your recitation."

3. Those who act up on the injunctions of the Holy Qur'an are the favourites and friends of Allah.

4. On the Day of Resurrection the Holy Qur'an will appear in the guise of a lean human being and will say, "Do you recognise me?" The Holy Qur'an will say, "I am your companion, the Holy Qur'an, who kept you thirsty in the scorching heat and awake at night.

Every trader expects to be benefited from his articles of trade and today you are under the shade of your all kinds of articles of trade. Then he will be given kingship in his right hand and the warrant of permission for entry into Paradise in his left hand. He will be made to wear the crown of respect and dignity. His parents will be made to wear two silky robes.

The worldly people did not attach any importance to them. They will ask, "Why they have been made to wear this dress?" They will be told that your son obtained knowledge of the Holy Qur'an. Then his son will be asked to start recitation of the Holy Qur'an, and for every Verse (ayat) read by the child, the status of the parents will be raised to the next higher grade of the Paradise (Jannat) till the recitation of the Holy Qur'an is completed.

5. Allah will honour with this (Qur'an) some people and disgrace some people.

6. Allah says: Whoever engaged in recitation of the Qur'an and in remembering Me, I will give him the best I will give for those who ask Me. The greatness of the words of Allah over other words is the greatness of Allah over the creatures.

7. Whoever recite the Qur'an and work accordingly Allah will adorn his father with a throne in the Day of Judgment, which will be brighter than the sun in the world. What you think about the one who follow Qur'an?

8. You read Qur'an because Allah will not punish the heart filled with Qur'an. The Qur'an is a feast of Allah whoever enter there is secured. Whoever loves it can have the good news (of Paradise).

But those who areblessed with an opportunity to learn Qur'an and memorise it should stand for the cause of Allah with a sincere intention of getting his reward. When one does this for worldly publicity and approval he will not be eligible for any reward from Allah rather he will be thrown to the Hell for punishment. The Prophet (pbuh) says in this regard.

"The first person to be judged on the Day of Resurrection will be a man who died as a martyr. He will be brought forward, and after Allah has reminded him of the favour He showed him and the man acknowledges it, He will ask, "What did you do to show gratitude for it? The man will reply, I fought for Thy cause till I was martyred. Allah will say, You lie. You fought that people might call you courageous, and they have done so. Command will then be issued about him, and he will be dragged on his face and thrown into Hell.

Next a man who has acquired and taught knowledge and read the Qur'an will be brought forward, and after Allah has reminded him of the favour He showed him and the man acknowledges it, He will ask, What did you do to show gratitude for it? The man will reply, I acquired and taught knowledge and read the Qur'an for Thy sake. Allah will say, You lie. You acquired knowledge that people might call you learned, and you read the Qur'an that they might call you a reader, and they have done so. Command will then be issued about him, and he will be dragged on his face and thrown into Hell.

Next a man whom Allah has made affluent and whom He has given all kinds of property will be brought forward, and after Allah has reminded him of the favour He showed him and the man acknowledges it, He will ask, What did you do to show gratitude for it? The man will reply, I have not neglected to give liberally for Thy sake to all the causes approved by Thee for this purpose. Allah will say, You lie. You did it that people might call you generous, and they have done so. Command will then be issued about him, and he will be dragged on is face and thrown into Hell. (Muslim transmitted it).

After acquiring the knowledge of this Holy Book of Allah, We must protect it and practice it throughout life. Because Allah's Messenger (pbuh) has said. One who obtains the knowledge of the Qur'an and afterwards neglects it will meet the same fate of the one who passes away the timings of the obligatory prayers in sleep.

Abdullah Ibn Umar reports from the Prophet (pbuh). The Prophet said "May I tell you a practice by which you will become a permanent reciter of the Holy Qur'an. I submitted: Why not? O Messenger of Allah! I always intend to seek piety and virtue, where upon the Prophet said: Fast the most superior type of fasting that is the fasting of Prophet Dawood (pbuh). He was the greatest worshipper. Recite the whole Qur'an in one month's time. I said, I can do more than that. Then the Prophet said. Then finish it in ten days. I said I can do more than that. There the Prophet said then finish the recitation of the whole Qur'an in seven days, and do not finish it less than this period.

These hadiths are sufficient guidelines for us in recitation of the Holy Qur'an. When we spend the holy month of Ramadan, that is the month of Qur'an - in recitation of the Holy Qur'an we must see that we follow it strictly abiding by the rules and regulations of recitation as the companion of the Prophet (pbuh) reported from the Prophet: Allah has asked me to recite the Holy Qur'an in a clear and distinct manner.

May Allah help us all to learn more and more about this sacred Book of Guidance and to strengthen our relation with it so that it may come to recommend for us in the Day of Judgment.

Here is an open challenge

THE Qur'an is a unique Book of divine guidance. Anybody blessed with a common sense of understanding can see that this a revealed book from the Creator. Actually the scholars who allege that Mohammad (peace be upon him) was the author of the Qur'an claim something which is humanly impossible. Could any person of the sixth century CE utter such scientific truths as the Qur'an contains? Could he describe the evolution of the embryo inside the uterus so accurately as we find it in modern science?

Secondly, is it logical to believe that Mohammad (pbuh), who up to the age of 40 was marked only for his honesty and integrity, began all of a sudden the authorship of a book matchless in literary merit and the equivalent of which the whole legion of the Arab poets and orators of highest calibre could not produce? And lastly, is it justified to say that Mohammad (pbuh) who was known as AL­AMEEN (The Trustworthy) in his society and who is still admired by the non­Muslim scholars for his honesty and integrity, came forth with a false claim and on that falsehood could train thousands of men of character, integrity and honesty, who were able to establish the best human society on the surface of the earth?

Surely, any sincere and unbiased searcher of truth will come to believe that the Qur'an is the revealed Book of Allah. Allah has answered to the allegations of the disbelievers of Makkah with an open challenge to bring a book similar to that of Qur'an with the help and co­operation of all people: see the following verses of the Qur'an challenging whosoever came forward to spread that the Qur'an is the creation of Mohammad.

First, Allah asked them to bring a similar book in the following verses.

Or do they say, "he fabricated the (Message)"? Nay, they have no faith! Let them then produce a recital like unto it, if (it be) they speak the Truth! (Sura Tur: 33­34).

"Say: If the whole of mankind and Jinns were to gather together to produce the like of this Qur'an, they could not produce the like thereof, even if they backed up each other with help and support." (Sura Bani Israil: 88).

When they were not able to respond to this challenge by presenting a book similar to the Qur'an Allah challenged them by demanding to bring ten chapters.

"Or they may say, he forged it. Say, Bring ye then ten Suras forged, like unto it, and call (to your aid) whomsoever ye can, other than Allah! if ye speak the truth!" (Sura Hud: 13).

When they failed to face even this challenge Allah asked them to bring a single Sura similar to that of Qur'an.

This Qur'an is not such as can be produced by other than Allah; on the contrary it is a confirmation of (revelations) that went before it, and a fuller explanation of the Book - wherein there is no doubt - from the Lord of the Worlds. Or do they say, "He forged it"? Say: "Bring then a Sura like unto it, and call (to your aid) anyone you can, besides Allah, if it be ye speak the truth!" (Sura Yunus: 37­38).

In Suratul Baqara Allah repeats this challenge and finally gives a strong warning to those who disbelieve deliberately even after realising the truth. And if ye are in doubt as to what We have revealed from time to time to Our servant, then produce a Sura like thereunto; and call your witnesses or helpers (if there are any) besides Allah, if your doubts are true. But if ye cannot - and of a surety ye cannot - then fear the Fire whose fuel is men and stones and which is prepared for those who reject Faith. (Sura Baqara: 23­24).

It should be noted that the Arabs of the pre­Islamic period were masters of literature and got excellent command over the language. So Allah sent the Prophet to them with an unchallengeable book of literary significance apart from its moral and ethical values. But though they were well versed in the literary styles and usages of Arabic language they could not effectively face the challenge of the Qur'an to bring even a single Sura similar to the Qur'an.

Thus Qur'an proved its divinity beyond doubt and invited them all to believe in it. But unfortunately most of them turned from it for safeguarding their vested interests. It was also clear that when the great men of letters failed to bring a similar chapter how an illiterate person like Mohammad can make it?

The Qur'an is the greatest miracle given to the Prophet (pbuh). Everybody can realise that an unlettered person like Mohammad can never make such a great Book either by himself or with the help of others. Its style, approach, names of Suras, all are unique and attractive. Nobody can say that whether it is a prose style or a poetry style. It is mixed with all noble examples for mankind. Apart from its literary excellence, it is a healing and mercy to the people.

Allah says: We send down (stage by stage) in the Qur'an that which is a healing and a mercy to those who believe: to the unjust it causes nothing but loss after loss." (Sura Bani Israil: 82)

In the Suratul Kahf Allah says: (He has made it) straight, (and clear) in order that He may warn (the godless) of a terrible punishment from Him and that He may give glad tidings to the believers who work righteous deeds, that they shall have a goodly reward. (Al Kahf: 2)

In Sura Al Luqman Allah says: These are verses of the wise Book, a Guide and Mercy to the Doers of Good.

On the basis of this observation we may proclaim that the Qur'an is a guidance, Mercy and Healing to the burning problems of man. But it should be understood that the guidance of the Qur'an will not get except to those who possess within themselves some qualities which the Qur'an has pointed out in the beginning of the Suratul Baqara.

Allah says: This is the Book of Allah, there is no doubt in it, it is a guidance for the pious, for those who believe in the existence of that which is beyond the reach of human perception, who establish Prayer and spend out of what We have provided them, who believe in what has been revealed to you and what was revealed before you, and have firm faith in the Hereafter. Such people are on true guidance from their Lord; such are the truly successful. (Sura Baqara 2­5).

These verses clearly prove that while the Book is potentially for all only those who possess certain qualities can benefit from it. The first such quality is piety: those who want to benefit should be disposed to distinguish between good and evil and to shun evil and do good. Those who lead an animal existence, who never stop to consider whether their actions are either good or bad, who cynically follow the prevailing winds, who are helplessly tossed about by the animal desires that dominate their minds, such persons are altogether incapable of deriving any benefit from the guidance embodied in the Qur'an.

This is the second prerequisite for deriving benefit from the Qur'an. The Arabic wordGhayb signifies the verities which are hidden from man's senses and which are beyond the scope of man's ordinary observation and experience, for example the existence and attributes of God, the angels, the process of revelation, Paradise, hell and so on, Belief in the Ghayb means having faith in such matters, based on an absolute confidence in the Messengers of God and despite the fact that it is impossible to experience them.

According to this verse, Qur'anic guidance can prove helpful only to those prepared to affirm the truths of the suprasensory realm. People who make their belief in these questions conditional upon sensory perception of the object of belief, and who are not prepared even to consider the possibility of the existence of things that cannot be weighed or measured, cannot profit from this Book.

This is the third requirement. It is pointed out that those to whom belief means merely the pronouncement of a formula, who think that a mere verbal confession of faith is enough and that it makes no practical demands on them, can derive no guidance from the Qur'an. To benefit from the Qur'an it is essential that a man's decision to believe should be followed immediately by practical obedience to God.

Prayer is the first and continuing sign of practical obedience. No mothan a few hours can pass after a man has embraced Islam than the Mu'adhdhin calls to Prayer and it becomes evident whether or not the profession of faith has been genuine. Moreover, the Mu'adhdhin calls to Prayer five times every day and whenever a man fails to respond to his call it becomes clear that he has transgressed the bounds of practical obedience. An abandonment of Prayer amounts to an abandonment of obedience. Obviously, if a man is not prepared to follow the directives of his guide, it is immaterial whether or not true guidance is available to him.

It should also be noted that the expression 'establishment of Prayer' has a wider meaning than mere performance of Prayer. It means that the system of Prayer should be organised on a collective basis. If there is a person in a locality who prays individually but no arrangements are made for congregational Prayer, it cannot be claimed that Prayer is established in that locality.

This, the fourth prerequisite for a person to benefit from the Qur'an, demands that the person concerned should neither be niggardly nor a worshipper of money. On the contrary, he should be willing to pay the claims on his property of both God and man, and should not flinch from making financial sacrifices for the sake of his convictions.

The fifth requirement is that one should believe in the Books revealed by God to His Prophets in the various ages and regions of the world, in the Book revealed to Mohammad (pbuh) as well as in those revealed to the other prophets who preceded him. The door of the Qur'an is closed to all those who do not consider it necessary for man to receive guidance from God. It is also closed to those whom, even if they believe in the need for such guidance, do not consider it necessary to seek it through the channel of revelation and prophethood, but would rather weave their own set of ideas and concepts and regards them as equivalent to Divine Guidance.

Belief in the After­life is the sixth and last requirement. The term Al­Akhirah embraces a whole set of ideas:

1) The man is not an irresponsible being, but is answerable to God for all his conduct in this world;

2) That the present order of the world is not timeless, but will come to an end at an appointed hour known only to God;

3) That when this world comes to an end God will bring into being another world in which He will resurrect, at one and the same moment, all the human beings ever born on earth. He will gather them together, examine their conduct and grant each one just reward for his actions;

4) That those who are accounted good in God's judgment will be sent to Heaven, and those judged by Him as evil­doers will be consigned to Hell;

5) That the real measure of success and failure is not one's prosperity in the present life, but one's success or failure according to God's judgement in the Next. (Tafheemul Qur'an [Vol I, Page­48] by Syed Abul A'la Maududi).

The same idea is expressed in a different way in Sura Luqman also. All these remind us that whoever turn to Allah without prejudices and with a clear mind of truth searching and following he can find Allah, the most magnanimous and the most merciful helping him to know the reality of his life by all ways and means. I think what Syed Abdul A'la Maududi - the famous Islamic scholar of this century - wrote in the introduction of his Qur'an translation is highly relevant in this context:

The Qur'an is a Book to which innumerable people turn for innumerable purposes. It is difficult to offer advice appropriate to all. The readers to whom this work is addressed are those who are concerned to acquire a serious understanding of the Book, and who seek the guidance it has to offer in relation to the various problems of life. For such people we have a few suggestions to make, and we shall offer some explanations in the hope of facilitating them study of the Qur'an.

Anyone who really wishes to understand the Qur'an, irrespective of whether or not he believes in it, must divest his mind, as far as possible, of every preconceived notion, bias and prejudice, in order to embark upon his study with an open mind. Anyone who begins to study the Qur'an with a set of preconceived ideas is likely to read those very ideas into the Book. No book can be profitably studied with this kind of attitude, let alone the Qur'an which refuses to open its treasure­house to such readers.

For those who want only a superficial acquaintance with the doctrines of the Qur'an one reading is perhaps sufficient. For those who want to fathom its depths several readings are not even enough. These people need to study the Qur'an over and over again, taking notes of everything that strikes them as significant. Those who are willing to study the Qur'an in this manner should do so at least twice to begin with, so as to obtain a broad grasp of the system of beliefs and practical prescriptions that it offers.

In this preliminary survey, they should try to gain an overall perspective of the Qur'an and to grasp the basic ideas which it expounds, and the system of life that it seeks to build on the basis of those ideas. If, during the course of this study, anything agitates the mind of the reader, he should note down the point concerned and patiently persevere with his study. He is likely to find that, as he proceeds, the difficulties are resolved. (When a problem has been solved, it is advisable to note down the solution alongside the problem). Experience suggests that any problems still unsolved after a first reading of the Qur'an are likely to be resolved by a careful second reading.

As far as Muslims are concerned it is their compulsory duty to learn the Qur'an and follow it as their constitution of life. Because once they have accepted Allah as their Lord and Mohammad as the last Messenger of Allah it become necessary for them to live on the basis of the teachings of the Holy Qur'an and Sunna of the Prophet, or else there is a strong warning from Allah.

Allah says: Who so judges not by that which Allah hath revealed, such are unbelievers. (Sura Al­Maeda: 44). In Suratul Baqara Allah says: Lo, those who hide aught of scripture which Allah hath revealed, and purchase a small gain therewith, they eat in to their bellies nothing else than fire. (Al Baqara: 174)

So we must keep on asking Allah to help us to know more and more about this Holy Book and live in the way which He has selected for the true believers.