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IS MUSLIM FIXATION ABOUT HOMOSEXUALITY SUPPORTED BY THE QURAN AND SHARI'AH

IS MUSLIM FIXATION ABOUT HOMOSEXUALITY 
SUPPORTED 
BY THE QURAN AND SHARI'AH        

 Read ONLY,  IF AND WHEN you have time and mood for: 
 “An Ayah for 30 Days” -- October 2012


From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran. 


It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion. 

What follows is not a sermon; I do not feel qualified to give one, anyhow. Hopefully, it will provide some food for thought.



Surah  Ash-Shu`arā' (26), Ayah 165-173
26:165
26:166
26:167
26:168
26:169
26:170
26:171
26:172
26:173


 “Do you go to the males from the creatures of the world, and leave that which your Lord has created for you in your wives? You have indeed transgressed all limits.” They said, “O Lot, if you do not desist from this, you will surely be included among those who have been expelled from our towns.” He said, “I am certainly one of those who abhor your wickedness. My Lord, deliver me and my people from their wicked deeds.”At last, We delivered him and all his people except an old woman who was of those who were left behind. Then We destroyed all the rest of them, and rained on them a horrible rain, which fell on those who had been warned".  Abul Ala Maudoodi:

Going in the reverse gear, let me start with my concluding remarks:
  • The Quran refers to homosexuality many times as the practice of People of Lot living in 2000 BC and squarely condemns it.
  • There is no direct commandment for Muslims about homosexuality.
  • There was no occasion for indictment or punishment for this vice during the life span of the Holy Prophet.
  • The Hadith literature is replete with very harsh punishment for this practice.
  • Hence most of us Muslims have grown up with an innate disgust for this practice.
  • There is no reliable and authentic scientific evidence to prove that homosexuality is a normal occurrence in the spectrum of human sexual orientation. If ever there is one, a Muslim is obliged to consider it.
  • It remains controversial, if this practice can be altered or “cured.”
  • It is a wrong approach to make homosexuality an issue of Human Rights or Individual freedom. It is a religious and philosophical problem for the civilised society. 
  • The attitude and response of the individual and society as a whole -- Muslim and non-Muslim -- to this problem seems to be complex, diverse and uncertain. 
  • ONE topic is CERTAIN, though. The LGBT should not be allowed to destroy the sacred, basic and fundamental Institution of Marriage recognised since known human history.
I am sorry; instead of “an ayah” I am discussing seven ayahs. This is the beauty of our Holy “Book.” A part of an ayah may mean volumes; on the other hand a group have to    be taken together to bring the full meaning out. The Quran is not a book as is commonly understood, with a narrative and a plot and divided into chapters and separate headings. It is a message from and a conversation with our Creator. 

I have included here five other references to homosexuality in the Quran comprising additional twenty-six ayahs.1 

All these thirty-three ayahs are about “people of Lot" also known as the people of Sodom and Gomarrah. These cities are mentioned in the Book of Genesis, the Hebrew Bible and the New Testament besides the Quran. These cities, were situated on the Jordan River plain in the southern region of the land of Canaan. The Jordan River plain (which corresponds to area just north of the modern day Dead Sea) has been compared to the garden of Eden in Genesis, being a land well-watered and green, suitable for grazing livestock. Sodom and Gomorrah have become synonymous with impenitent sin, and their fall with a proverbial manifestation of God's wrath. The name of these cities  have been used as metaphors for vice and homosexuality, viewed as a deviation. The story has created the English word sodom; even the Arabic words for homosexual behaviour (liwat) and for a person who performs such acts (luti) both derive from this name.

Prophet Lot was the nephew of Prophet Abraham. He lived in Iraq along with his uncle and traveled with him over Syria, Palestine and Egypt to gain experience for the propagation of the Message. Then he was appointed as a Messenger by Allah and sent to reform the wicked tribe, which has been called `his people' because he might have had some blood relation with it.

In these ayahs the Quran denounces the act of homosexuality clearly and forcefully as an heinous act in a people living in 2000 BC and were under the Shari’ah of Prophet Ibrahim/Lot. The Quran has condemned this act in strong words as: 
transgressed all limits 
wicked deeds 
shameless indecent acts as no one committed before you in the world evil indecent deeds
wicked, perverse and disobedient
steeped in ignorance
mischief makers and very wicked. 
Two additional criminal acts of these people are referred to as “commit robbery and indulge in indecencies.” Divine judgement was therefore passed upon them and they were completely consumed by fire and brimstone; and their destruction by Allah is associated explicitly with their sexual practices. 

It is noteworthy that all the references to this act in the Quran -- and there are many of them -- are related to the People of Lot. The Quran does not mention any clear commandment on this subject for the Muslims under Shari’ah-e-Mohammadi. The renowned scholar Maudoodi states in his Tafheem ul Quran “ Here and at other places the Qur'an merely declares that sodomy is such a heinous sin that it brought the wrath of Allah on a people.” However two minor evidence  in the Quran which could be regarded as relevant to our times.2

We therefore have to turn over to the second source of our Shari’ah -- the practice and preaching of our Holy Prophet -- for the the Islamic opinion on homosexuality. According to one source the Prophet took a lenient attitude toward sex between males. The Prophet viewed this vice with a philosophic indifference. Not only is the punishment not indicated -- it was probably some public reproach or insult of a slight nature -- but mere penitence sufficed to escape the punishment. Maudoodi confirms this when he declares “But no definite and specific punishment was prescribed for the criminals because during his time, no case of sodomy was ever brought before the Holy Prophet.”  Mohamed El-Moctar El-Shinqiti, a contemporary Mauritanian scholar, has argued that "(even though) homosexuality is a grievous sin
a) no legal punishment is stated in the Qur'an for homosexuality
b) it is not reported that Prophet Muhammad has punished somebody for committing homosexuality
c) there is no authentic hadith reported from the Prophet prescribing a punishment for the homosexuals.
However Sheikh Muhammed Salih Al-Munajjid of Saudi Arabia quotes the Prophet of Islam (peace and blessings of Allaah be upon him) as saying: "Whoever you find committing the sin of the people of Lut (Lot), kill them, both the one who does it and the one to whom it is done" - i.e. if it is done with consent. (This hadeeth was narrated by al-Tirmidhi in his Sunan, 1376).” However it is generally agreed that there is no authentic hadith reported from the Prophet prescribing a punishment for the homosexuals. Hadith scholars such as Al-Bukhari, Yahya ibn Ma`in, An-Nasa'i, Ibn Hazm, Al-Tirmidhi, and others have impugned them. Bakr Al-Jassas (d. 981 AD/370 AH) argued that the two hadiths on killing homosexuals "are not reliable by any means and no legal punishment can be prescribed based on them."

The four schools of Shari’ah (Islamic law) disagreed on what punishment is appropriate for homosexuality. Many scholars of Islamic law, interpret homosexual activity as a punishable offense as well as a sin. There is no specific punishment prescribed, however, and this is usually left to the discretion of the local authorities on Islam. The Hanafi school held that it does not merit any physical punishment; the culprit should be punished according to the circumstances of the crime with an exemplary punishment. There is also a saying of Imam Shafi`i to this effect. As against this the Hanbali school held that sodomy is a form of adultery and must incur the same penalty, 

 I grew up with an innate disgust and revulsion for homosexuality without ever thinking about about it. I am sure most of you feel the same because homosexuality is almost universally regarded by Muslims as:
shameless, wicked and immoral
filthy and detestable 
an evil and immoral deviation of man
neither natural nor a disease but a deviation of one's nature
an absolute abomination in the Sight of the Creator
stands for all  the perversions
a depravity of depravities
absolutely forbidden in Islam
an abomination and a grave sin
deserving death in the life of this world and eternal punishment in the Hereafter. 
Why? Why this almost consensus on it? I think this is because the hadith literature, which for most of us is the only source of religious knowledge is full of most severe and extra ordinary punishments for it: 
Hadrat 'Ali believed that the criminals should be killed with sword and the dead bodies should not be buried but burnt to ashes
Hadrat Abu Bakr also agreed with it. 
Hadrat `Umar and Hadrat `Uthman thought that they should be taken under the roof of a dilapidated building, which should be pulled down on them
lbn `Abbas has decreed that they should be thrown down headlong from the top of the highest building of the habitation and then stoned to death. Imam Shafi`i says that both the criminals involved in sodomy should be killed, whether married or unmarried. 
According to Shi`ibi" Zuhri, Malik and Ahmad they should be stoned to death
Said bin Musayyib, 'Ata, Hasan Basri, Ibrahim Nakh`i, Sufyan Thauri and Auza`i are of the opinion that the punishment is the same as for adultery, that is, one hundred stripes and exile for the unmarried, and stoning to death for the married. The description until now is a good example of the not infrequently seen total disconnect between the teachings of the Quran and the practice of our beloved Prophet on the one hand and the writings in the Hadith literature on the other. 

What are the facts on the ground about homosexuality? How common is it? Hard to say.  There are not many statistics out there. I am indebted to Wikipedia for the following information. In the US, the LGBT sources claim it to be 10%. Other sources put it at about 2.8% or between 1.3 % to 4%. I do not think there are figures available for Muslim Countries. It would be a fair assumption that it is not insignificant. There are reasons for that.  A strong emphasis on male virility leads adolescent males and unmarried young men to seek sexual outlets with boys younger than themselves. It is regarded as a temptation and to some anal intercourse is not seen as repulsively unnatural so much as dangerously attractive. Not all sodomy is homosexual: one Moroccan sociologist, in a study of sex education in his native country, notes that for many young men heterosexual sodomy is considered better than vaginal penetration, and female prostitutes likewise report the demand for anal penetration from their (male) clients. In Afghanistan though illegal, there was a tradition of such relationships in the country, known as "bache bazi" or boy play, and that it was especially strong around Kandahar. Raphael Patai in The Arab Mind, has argued that among some Arabs and Turks homosexuality can be justified as an expression of power. The active homosexual act is considered as an assertion of one’s aggressive  masculine superiority.

I was surprised to find that there are some LGBT movements in Islam as well. The Al-Fatiha Foundation is an organization which advances the cause of gay, lesbian, and transgender Muslims. It was founded in 1998 by Faisal Alam, a Pakistani American, and is registered as a nonprofit organization in the United States.The Foundation accepts and considers homosexuality as natural, either regarding Qur'anic verses as obsolete in the context of modern society, or stating that the Qu'ran speaks out against homosexual lust and is silent on homosexual love.  Al-Fatiha has fourteen chapters in the United States, as well as offices in England, Canada, Spain, Turkey, and South Africa. In addition, Imaan, a social support group for Muslim LGBT people and their families, exists in the UK. Both of these groups were founded by gay Pakistani activists. The UK also has the Safra Project for women (WikipediA).

The legal status of homosexuality in the Muslim World is variable. The death penalty is currently in place in Saudi Arabia, Iran, Mauritania, northern Nigeria, Sudan, and Yemen. In Saudi Arabia, while the maximum punishment for homosexual acts is public execution, the government will generally use lesser punishments e.g. fines, jail time, and whipping. Iran is perhaps the nation to execute the largest number of its citizens for homosexual acts. Since the 1979 Islamic revolution, the Iranian government has executed more than 4,000 such people. The Taliban enforced the death penalty in Afghanistan. The legal situation in the United Arab Emirates is unclear. In many Muslim nations, such as Bahrain, Qatar, Algeria, Uzbekistan and the Maldives, homosexuality is punished with jail time, fines, or corporal punishment. In Egypt, openly gay men have been prosecuted under general public morality laws. On the other hand, homosexuality, while not legal, is tolerated to some extent in Lebanon. In some Muslim-majority nations, such as Albania, Turkey, Jordan, Indonesia or Mali, same-sex intercourse is not forbidden by law, and in Albania there has been discussions of legalizing same-sex marriage. Lebanon also is considering to legalize homosexuality. 

It seems, despite the legal strictures on homosexual activity, the positive expression of male homeoerotic sentiment in Muslim literature was accepted, and probably assiduously cultivated, from the late eighth century until modern times. First in Arabic, but later also in Persian, Turkish and Urdu, love poetry by men about boys more than competed with that about women. Anecdotal literature reinforces this impression of general societal acceptance of the public celebration of male-male love.

 Most international human rights organizations, such as Human Rights Watch and Amnesty International, condemn laws that make homosexual relations between consenting adults a crime. Since 1994, the United Nations Human Rights Committee has also ruled that such laws violate the right to privacy guaranteed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Homosexuality is forcefully promoted as a human rights or individual freedom issue with very frightening and deleterious effects on the sacred and honorable Institution of Marriage. Marriage is strongly recommended in our Deen. Based on physiological, anatomical, emotional, psychological, social and religious grounds it is fundamentally a heterosexual union. It is imperative for continuation of the human species. It is the natural foundation for the formation of the family which is the UNIT of our civilised society. The newborn has the fundamental and basic right to have a biological father and a biological mother to ensure a healthy and robust development. Marriage, in its age old definition  should be preserved and protected at all costs. 

The modern “liberal” thinking  views homosexuality as normal and natural sexual orientation for a minority of adults. It is stated as a proof that children who will grow up to be gay can generally be detected before the age of five.  Neurological and neuroanatomical changes have been reported in the brains of homosexuals. There is reportedly evidence of a genetic basis. There is however no convincing evidence to support it. On the other hand there are similar and definite evidences to prove that diseases like Schizophrenia, Autism and Psychopathic behavior are also genetic. On the basis of the theory of neuroplasticity the changes seen in the brans of homosexuals may be consequential rather than causative. As a Muslim I do feel that my religious beliefs cannot and should not be contrary to proven scientific truths and modern knowledge delivered to mankind through the agency of the “PEN” which Allah Ta’aala has promised in the second part of the VERY FIRST Wahee. (Surah 96 Ayah 3-5)
96:3
Recite, and your Lord is the most Generous 
96:4
Who taught by the PEN
96:5
Taught man that which he knew not.  (Sahih International)

Bari Ta’aala had decided that the direct communication by revelation will be discontinued after twenty-two years and PERMANENTLY so that our Holy Prophet is the LAST in the series. The Cherisher and Sustainer of the Worlds  has therefore assured mankind in the first Wahee that thereafter he will be guided and taught by his Lord -- Rub -- till the Day of Judgement by the “PEN”. We, the Muslims wielded this Pen for seven centuries and reigned as the Torch Bearers of Civilization. Later we slumped into intellectual stagnation so the PEN was taken over by the non-Muslims who are now the source of all knowledge and progress. We seem to be so fossilized that we have even lost the realisation that Revelation has ceased with the demise of our Holy Prophet but the ever-lasting medium of Directions and Guidance by the “PEN” for  knowledge and progress from our Allah Ta’aala Subhanahoo has not. However there is no reliable or authentic evidence to suggest that homosexuality is different but a normal phenomena. So, for us it remains a deviation if not a perversion. If, say in the next century there is incontrovertible evidence to this effect then Muslims will have to revisit the ayahs of the Quran for fresh guidance.  

Finally, to the real issue: As a Muslim how do I deal with homosexuality and homosexuals in my social circle or, God forbid in my family? What do I advise if one looks up to me for help? Is there a “cure” for them. Frankly speaking, I am confused. “Don’t ask, Don’t tell” seems to be the path of least resistance available.  I have collected some current opinions on this problem. Perhaps this my help you and me to form an opinion.3

To repeat the conclusions, I started with:
  • The Quran refers to homosexuality many times as the practice of People of Lot living in 2000 BC and squarely condemns it.
  • There is no direct commandment for Muslims about homosexuality.
  • There was no occasion for indictment or punishment for this vice during the life span of the Holy Prophet.
  • The Hadith literature is replete with very harsh punishment for this practice.
  • Hence most of us Muslims have grown up with an innate disgust for this practice.
  • There is no reliable and authentic scientific evidence to prove that homosexuality is a normal occurrence in the spectrum of human sexual orientation. If ever there is one, a Muslim is obliged to consider it.
  • It remains controversial, if this practice can be altered or “cured.”
  • It is a wrong approach to make homosexuality an issue of Human Rights or Individual freedom. It is a religious and philosophical problem for the civilised society. 
  • The attitude and response of the individual and society as a whole -- Muslim and non-Muslim -- to this problem seems to be complex, diverse and uncertain. 
  • ONE topic is CERTAIN, though. The LGBT should not be allowed to destroy the sacred, basic and fundamental Institution of Marriage recognised since known human history.

.....and Allah knows best. 

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.



FOOTNOTES

[1] 
Surah 7/80-84
7:80
7:81
7:82
7:83
7:84

"And We sent Lot as a Messenger: Remember that he said to his people, "Have you become so shameless that you commit such indecent acts as no one committed before you in the world? You gratify your lust with men instead of women: indeed you are a people who are transgressors of all limits!" But the only answer of his people was no other than to say, "Turn out these people of your habitations for they pose to be very pious." At last We delivered Lot and the members of his household-except his wife, who was of those who stayed ' behind and We rained a rain upon his people then behold what happened in the end to the guilty ones."

Surah 11/77-83
11:77
11:78
11:79
11:80
11:81
11:82
11:83

" And when Our Messengers came to Lot, he was greatly perturbed and distressed in mind because of their visit and said, "This is a day of woe!" (No sooner did the visitors come to him than) his people spontaneously rushed towards his house, for they had previously been addicted to wicked deeds. Lot said to them, "O my people, here are my daughters, who are purer for you. So fear God and don't degrade me by committing evil to my guests. what ! Is there not a single good man among you ?" They replied, "You know it well that we have no need of your daughters, and you also know what we want. " Lot cried, "I wish I had the power to set you right or I could find some strong support for refuge."  Then the angels said, "O Lot, We are messengers sent by your Lord. They shall not be able to do you any harm. So depart from here with the people of your household in the last hours of the night. And look here: none of you should turn round to look behind; but your wife (who will not accompany you) shall meet with the same doom as they. The morning has been appointed for their destruction-the morning has almost come." Accordingly, when the time of the execution of judgment came, We turned the habitation upside down and rained on it stones of baked clay, and each one of these stones had been specifically marked by your Lord. And such scourge is not far from the workers of iniquity."

Surah 21/74
21:74

"And We bestowed judgment and knowledge on Lot, and delivered him from that habitation which committed indecent deeds. Indeed, they were a very wicked, perverse and disobedient people".

Surah 27/54-58
27:54
27:55
27:56
27:57
27:58

"And We sent Lot. Remember the time when he said to his people, "Do you commit indecency while you see it? Do you leave women and seek men for the gratification of your sexual desire? The fact is that you are a people steeped in ignorance."But the only reply his people gave was to say, "Expel the family of Lot from your habitation: they pose to be very pious." At last We saved him and his family except his wife about whom We had decreed that she would linger behind, and rained on then a rain, an extremely evil rain for the people who had been warned".

Surah 29/28-35
29:28
29:29
29:30
29:31
29:32
29:33
29:34
29:35



"And We sent Lot when he said to his people, "You commit the indecency which no other people has ever committed before you in the world. What! Do you go to the males, and commit robbery and indulge in indecencies in your assemblies?" Then the only answer his people gave was to say, "Bring forth the torment of Allah if you are truthful." Lot said, "O my Lord, help me against these mischief makers."  And when Our messengers came to Abraham with the good news, they said to him, "We are going to destroy the people of this habitation, for its people have become very wicked." Abraham said, "Lot is there." They replied, "We know full well who is in it we shall save him and all his household except his wife." His wife was of those who remained behind. And when Our messengers came to Lot, he was distressed for them and felt for them great discomfort. They said, "Fear not, nor grieve. Indeed, we will save you and your family, except your wife; she is to be of those who remain behind. Indeed, we will bring down on the people of this city punishment from the sky because they have been defiantly disobedient."And We have certainly left of it a sign as clear evidence for a people who use reason".

(2) 
     First, one of the ayahs quoted above (11/83) says “And they (the punishments) are never far from the wrongdoers”. This could be construed as a warning to us of the same fate if we commit the similar crime. 
     Second. there is a minority translation of ayahs 4/15-16 which is relevant to the issue under discussion:
4:15
4:16

" If any of your women be guilty of indecency, call for four witnesses from among yourselves to testify against them: If they give evidence and prove the guilt, then confine them to their houses until death comes to them or Allah opens some other way out for them. And punish the two of you who commit this crime; then if they both repent and reform themselves, leave them alone,for Allah is generous in accepting repentance, and merciful in forgiving sins".

 Abdullah Yousuf Ali comments on the words in Ayah 15 “if any of your women” as: “Most commentators understand this to refer to adultery or fornication: in that case they consider that the punishment was altered to 100 stripes by the later verse, 24:2. But I think it refers to unnatural crime between women, analogous to unnatural crime between men in 4:16 below”.  However in ayah 16 also he is the only one who translate as “two men”. The other mufesserins like Sahih International, Muhsin Khan, Pickthal, Shakir and Dr. Gali translate the relevant words as “the two” or “two persons”. Maudoodi clearly states: “Likewise, the commentary of Abu Muslim Isfahani that verse 15 is about the un-natural crime between two females and verse I6 about the un-natural crime between two males is also wrong. The Qur'an is concerned only with the fundamental principles of law and morality: therefore it only discusses those problems which are confronted in normal life and does not concern itself with the ones that are met with under abnormal circumstances. These latter problems, as they arise, are left for the people to decide according to their insight. That is why, when after the death of the Holy Prophet the case of unnatural crime between two males was brought before the Companions, none of them turned to these verses for its decision.” 

(3) 
(a) Yasir Qadhi has this to say:  Rather, what we can say to those who feel attracted to the same gender is that having such urges and conquering them is a part of the test Allāh has given them.......as long as the desire remains in the realm of feeling, you are not accountable on the Day of Judgment, but the second that this desire is manifested in a physical action, you are liable for all that follows....lastly, even if you have acted upon this urge – and we seek Allāh's refuge from this – know that this would constitute a sin. Yes, a major sin, and one that most people would be disgusted by, but realize that it is a sin alone and not a kufr. Hence, even acting upon it and committing a major sin does not expel you from the fold of Islam. However, to stand up and justify it, or defend it, or write articles claiming that it is Islamic, without a doubt constitutes a kufr, and not merely sin.....try to repel these urges, do not act upon them, take immediate steps to get married, and throughout all of this, put your trust in Allāh and continue making du‘ā’ to Him, and I pray that Allāh makes your situation easy for you and blesses you in this life and the next.
(b) This is an advise that a scholar gives to  a gay person who feels guilty, tries prayers and dua, got married but could not perform: “Respected brother, the things that will indeed help you stop your immoral and unlawful deviation is first and foremost the seeking of sincere 'taubah' and repentance from your Lord for your past transgressions, and the development of 'taqwa' or constant God-consiousness.” This advice to “dear and beloved” brother is followed by a list of relevant ayahs and hadiths. 

(c) Michael Muhammed, novelist, journalist, performance artist is also an author and commands great respect for his religious views. His remarks are quite interesting and a little confusing: “Muslims who think that a shared Abrahamic morality makes them more American are missing something big: the defining “culture war” of this moment is not Queer vs. Straight, Islam vs. the West, or Christians vs. Non-Christians: it is Tolerance vs. Intolerance, Equality vs. Inequality. In this war, as Intolerance pulls out its hair with panic and issues the same irrational screams about Muslims and Queers (They’re imposing their ways on us! They’re taking over! They’re destroying America!), the overturning of Prop 8 and the apparent triumph of the Cordoba House are victories for the same side. For Muslims who oppose same-sex marriage on religious and moral grounds: stay true to yourselves. Teach your values to your children. Pour your opinions into books and hand them out on street corners. Establish mosques in which homosexuality is denounced every Friday afternoon; but do so with the knowledge that in our real culture war, there are all kinds of people who will defend your place in American life. This includes not only a wide spectrum of Muslims, but also non-Muslims: Christians, Jews, Hindus, atheists, secular humanists, feminists, and homosexuals. Yes, the American Muslim community has gay friends. There are homosexuals who will stand with Muslims and support a religion that, at least in popular interpretations, condemns them to the point of capital punishment and otherworldly hellfire. In the name of upholding one aspect of Islamic tradition, however, some of us will refuse to return the favor. We will ask to be treated as equals by those who are different from us, but turn our backs when they ask the same.”

(d) Sheikh Muhammed Salih Al-Munajjid was asked: Can those who have committed homosexual acts be forgiven, and is it permissible for such a person to get married? 
He answered first referring to Shaykh al-Islam Ibn Taymiyah who was once asked  “but if the person who does this evil deed, or any other action which is subject to a hadd punishment, repents, gives up that sin, seeks forgiveness, regrets what he has done and intends never to go back to it”. He had responded “If he truly repents to Allaah, Allaah will accept his repentance, and he does not need to confess his sin to anyone so that the hadd punishment would be carried out on him.” (Majmoo’ al-Fataawaa, part 34, p. 180).
The Shaykh  then quotes an ayah: “And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse; and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance” [al-Furqaan 25:68-71].
And finally he gives his opinion: If he repents sincerely towards Allaah, there is no reason why he should not get married, and indeed it may be obligatory in his case, as a protection for him and in accordance with what Allaah has permitted. And Allaah knows best. May Allaah bless our Prophet Muhammad.

(e) Finally here is a long and worthwhile list of remedies suggested by a scholar to a homosexual:
Firstly: 
You have to repent sincerely from your heart, turn to Allaah, regret what you have done, and pray a great deal to Allaah, asking Him to forgive you and help you to get rid of this problem. For Allaah is most Generous and is Close and always Responsive. Allaah says (interpretation of the meaning): 
“Say: ‘O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful’” [al-Zumar 39:53] 
So stand before Allaah weeping, beseeching, expressing your need for Him and seeking His forgiveness, and receive the glad tidings from Allaah of a way out and forgiveness. 
Secondly: 
Strive to plant the seeds of faith in your heart, for when they grow they will bear fruits of happiness in this world and in the Hereafter. Faith in Allaah is what – after the help of Allaah – protects a person from falling into haraam things.. Allaah describes His slaves as follows (interpretation of the meaning): 
“Verily, those who are Al-Muttaqoon (the pious), when an evil thought comes to them from Shaytaan (Satan), they remember (Allaah), and (indeed) they then see (aright)”
[al-A’raaf 7:201] 
Thirdly: 
Try to follow the advice which the Prophet (peace and blessings of Allaah be upon him) gave to young people, which is to get married if you are able to. Whoever cannot afford that should fast, for it will be a shield for him.” 
Fourthly: 
If it is not easy for you to get married, then there is another solution, which is fasting. So why not think of fasting three days of each month, or on Mondays and Thursdays? 
Fifthly: 
Beware of thinking little of looking at haraam things in cheap magazines and nude pictures which lead to committing immoral actions that doom a person to Hell,
Sixthly: 
Remember, when the idea of sin come to you, or the Shaytaan whispers to you to commit a sin, that the parts of your body will bear witness against you on the Day of Resurrection for this sin. 
Seventhly:  
Avoid being alone, for this makes you think about your desires. Try to fill your time with things that will benefit you, such as doing righteous deeds, reading Qur’aan, dhikr and prayer. 
Eighthly: 
Avoid keeping company with evil and immoral people. You have to look for good friends who will remind you of Allaah and help you to obey Him. 
Ninthly: 
If it so happens that you fall into sin in a moment of weakness, do not persist in that, rather be quick to repent to Allaah, lest you become one of those of whom Allaah says (interpretation of the meaning): 
“And those who, when they have committed Faahishah (illegal sexual intercourse) or wronged themselves with evil, remember Allaah and ask forgiveness for their sins; — and none can forgive sins but Allaah — and do not persist in what (wrong) they have done, while they know” [Aal ‘Imraan 3:135] 
My brother, do not despair of the mercy of Allaah. Beware of letting the Shaytaan have any power over you or letting him whisper to you that Allaah will never forgive you. For Allaah forgives all sins of those who repent to Him. I hope that Allaah will help you and will make it easy for you to get out of this problem. 

















































Hijaab: The Shari'ah Version v/s the late Twentieth Century Variant

Hijaab: The Shari'ah Version
v/s
 The late Twentieth Century Variant

 Subject: Read ONLY,  IF AND WHEN you have time and mood for: 
 “An Ayah for 30 Days” -- September 2012


From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran. 

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion. 


Continued from Previous in August


Surah 33 Ayah 53:
33:53





"O ye who believe! Enter not the Prophet's houses,-until leave is given you,- for a meal, (and then) not (so early as) to wait for its preparation: but when ye are invited, enter; and when ye have taken your meal, disperse, without seeking familiar talk. Such (behaviour) annoys the Prophet: he is ashamed to dismiss you, but Allah is not ashamed (to tell you) the truth. And when ye ask (his ladies) for anything ye want, ask them from before a screen: that makes for greater purity for your hearts and for theirs. Nor is it right for you that ye should annoy Allah's Messenger, or that ye should marry his widows after him at any time. Truly such a thing is in Allah's sight an enormity."  Yusuf Ali

As a continuation from the previous email of August 2012:

a) This is the ayah referred to as “the ayah of the veil”, or as the “descent of Hijab” and it heralded the drawing of curtains at the apartments of the wives of the Holy Prophet.  According to at least three authors (Karen Armstrong, Reza Aslan and Leila Ahmed), the stipulations of the hijab were originally meant only for Muhammad's wives, and were intended to maintain their inviolability. By instituting seclusion Prophet Muhammad, under instructions from his Lord was creating a distance between his wives and the perpetual thronging community on their doorstep. 

b) However as the Islamic Jurisprudence developed, the legal experts -- fuqahaa -- extended this hijab/curtain to mean division of the Muslim space into two i.e. total segregation of sexes.

c)The purpose of the concept of hijaab was to prevent sexual attraction and licentiousness leading to “fitnah” i.e. adultery and fornication.

d) To achieve these objectives: 
First, some dress codes are designed; it should be emphasized that the word hijab does not refer to any piece of cloth for women to wear. It refers to a concept and practice to implement the Shari’ah version of Modesty and Decency. 
Second, a certain type of behaviour and decorum has been proposed.

All the four schools of thought of Sunni Islam -- Hanafi, Maliki, Shafai, Hanbali -- are agreed on these
principles and have unanimously designed and advocated a scheme for Islamic Legal Hijaab and the injunctions related to them. Using the format of Maulana Mufti Mohammed Shafi in his classical Tafsir, Ma’aariful Quran the details of Sunni Shari’ah  on hijaab are briefly summarised (may sound stupid and arrogant, but much of this beats me):

  1. Hijaab of first degree: The real and desired objective of Shariah is Hijaab-ul-Ashkhas i.e. physical hiding of women from strangers. In other words, women and their movements should remain hidden from the sight of men. Allah Ta’aala says “ And stay quietly in your houses”(ayah 33/33) to the wives of the Prophet. Our scholars maintain that “ the verse means to impress that the woman's real sphere of activity is her home; she should carry out her functions within that sphere peacefully, and she should come out of the house only in case of a genuine need.”1     
2) Hijaab of second degree: If a woman has dire need to leave her house, she is required to cover her whole body from head to toes with a loose, flowing dress to cover the figure, gyrations and movements of the female body. The recommendation of the scholars include “the women should wrap themselves up well in their sheets, and should draw and let down a part of the sheet in front of the face and an eye, leaving only the other eye uncovered” and “to see their way, one eye can remain exposed or use a patch of net before the eyes” and “that she should walk on the side of the street and avoid the crowd.”2    

3) Hijaab of third degree: In this category the face is allowed to be exposed based on the opinion of Imam Abu Hanifa, who declared that face and hands are not part of satarul awrah of woman. However later scholars of the Hanafi school opined that exposing the face can in certain situation lead to fitnah. Hence their recommendations is to cover the face. A, fatwa by Muhammed Salih Al-Munajjid of  Saudi Arabia states: “The correct view as indicated by the evidence is that the woman's face is awrah which must be covered. It is the most tempting part of her body, because what people look at most is the face, so the face is the greatest 'awrah of a woman.” It may be added that the three Imams -- Malik, Shafa’i and Ibn Hanbal -- held it absolutely impermissible to expose face and palms. For practical purposes therefore, this third degree hijaab stands prohibited by consensus of the four Imams.

4) There are several other proscriptions and prohibitions in the Shari’ah Law of Hijaab:
a) Some jurists have declared that the voice of women is included in satr or awrah . However this issue is debatable in Fiqh.3    
b) Women should not wear perfume when they go out, as it is part of their zeenah.
c) Wearing decorated veil when going out is prohibited
d) One source has categorized the requirements of Hijaab as six heads.4
e)The issue of the Niqab has continued to arouse extended controversy and debate between `Ulama (scholars) and Fuqaha (jurists) both past and present concerning whether it is Wajib (mandatory) or Mustahab (favored by Allah) for the woman.5   

Despite the consensus of the Four Schools of Sunni Islam on the requirements of hijaab, on the ground, there is a wide spectrum in forms of hijaab seen in the Muslim communities round the world: 

The real orthodox and traditional are practicing full segregation and will don the full burqua which includes the face if they have to venture out due to unavoidable circumstances. 

The Taliban version adds coercion and cruelty in implementing Hijaab and is sweeping in its interpretation. 

There is a diluted version of orthodoxy who are soft on segregation, feel strongly about a full burqua showing only the eyes but feel free, contrary to the orthodox Shariah to go out on streets, bazaars, schools, colleges, offices even pop music concerts and dancing sessions. Some of them have migrated to the West causing issues in some European countries. Incidentally their migration is makrooh if not haram because the West is a very licentious and depraved society according to their value system.

The Saudi Arabian version has an elaborate State system, including a moral police to enforce their idea of  Hijaab.6   

Iran has it own version of Hijaab with the need for religious police to enforce compliance. After the Islamic revolution, Khomeini publicly announced his disapproval of mixing between the sexes.

The most interesting phenomenon is the twentieth Century Version of Hijaab observed, I guess in last three to four decades. Through a process of metamorphosis a simple and miniaturized version of hijaab has popped up: cover your head and hair with a scarf and that’s it; you are done. Covering rest of the body and the behavior and demeanor may be customised individually; no segregation of sexes; face left uncovered. Hence a wide variety of outfits are observed in practice. Quite presumptuously, the headscarf itself is marketed as “hijaab” which, as pointed out earlier is quite erroneous and misleading. If an Arabic word is preferred, the scarf can more accurately be called a khimar. 

As far as I can fathom this modern (and taken for granted in the English speaking Muslim world) version of Hijaab falls far short of the Sunni Shari’ah Law. It does not address the problem of Islamic modesty  and morality. Most probably this version of hijaab is based on cultural back ground and/or an inferiority/superiority complex and/or tribal affinities and/or religious self profiling and/or mindless herd mentality and/or geopolitical considerations. Here are a few observations as to why I think so:

(1) This version of hijaab certainly does not have any firm basis in Shari’ah, as enunciated by the consensus of the four school (mazaahib) of Sunni Muslim Islam, wherein overing hair is a small and probably insignificant part of Hijaab. I doubt if orthodox Islamic scholarship supports it. I am sure the Talibaan will prosecute this type of hijaabi woman. It is very unlikely to get by the moral police in Saudi Arabia or Iran. 

 (2) The ayah 24/31 on “khumur” is frequently coated as basis for this form of hijaab. However this conclusion is most probably based on an incorrect interpretation and incomplete application.7   

(3) The practice of covering the hair but leaving the face exposed does not make religious sense, let alone common sense. As far back as the seventh century, one of the eminent Companions Abdullah ibn Umer had the vision to decide that face is part of the zeenah of women which is included in the meaning of the ayah 24/31 ".....except what (must ordinarily) appear thereof....” and therefore face need not be covered. It is on the basis of this opinion that Imam Abu Hanifa decided, that face is not part of the awrah and can be exposed. The other three great Imams want the face to be covered. Should it not be apparent to the educated elite and PPK Muslims that the hair also should be included in the same exception in the twenty-first century as the face.8   

(4) A Muslim does not want his sister/wife/daughter to be an object of a meaningful gaze by another man.  If the man does it anyhow, who is at fault? It is the woman, it seems because Maulana Mufti Mohammed Shafi, a benchmark for Orthodox opinion declares that woman is the most lethal arsenal in the workshop of the Devil i.e. Shaitaan (as a young man I felt like blurting out to him: your mother may be an agent for the devil; mine is not). Hence the prescription by the authors of the prevailing Islamic Jurisprudence -- Fiqh/Shari’ah -- to wrap the woman up and put in a box. But this is plan B in Quranic Law reserved to protect women in special and selective adverse circumstances “.... that is most convenient, that they should be known (as such) and not molested...” ( verse 33/59). As a Primary and General rule for protection of women,  the Quranic Law has Plan A which suggests that to save embarrassment to your own women folk, you should stop gazing at the sister/wife/daughter of other men “Say to the believing men that they should lower their gaze....”(ayah 24/30). God Almighty has issued exactly similar injunctions to women as well: “And say to the believing women that they should lower their gaze.....”(ayah 24/31). No wonder, I love and adore my Deen: gave us golden rules in the seventh century which are valid in the twenty-first, provided we are prepared to think.  Woefully a Muslim today drives in the latest limousine guided by “GPS” to his/her office but hops on the camel and rides into the desert to see the moon by naked eye in matters of religion and it’s festivals. 

 (5) This version of hijaab ignores and misinterprets the essence and purpose of hijaab namely to ensure Islamic standards of modesty and decency in dress and behavior and thereby to avoid fitnah. A teenager with a tight skinny jeans with a short shirt displaying the anatomy and a headscarf on her head is regarded as “hijaabi.” Whereas another, wearing a smart shalwar kamees with nothing to reveal and a beautiful hair style will be considered as “non-hijaabi.”9   

(6) This form of hijaab has encouraged inconsistencies and contradictions. It is not uncommon to see a mother of three with a head scarf and her teenage girl accompanying her with a lovely hair style; the opposite also is occasionally true.  A woman covers her hairs diligently at one place and will show a lovely hair style at another. You can see teenagers proud of their head scarf in one gathering and happily running about wearing jeans, short shirt and fantastic hair style in another.10  

(7) The traditional Islamic literature usually frowns upon imitating other religions and Unbelievers (I personally, though do not see any problem wearing Western dress). It is therefore pertinent to note that this truncated version of Hijaab bears very close resemblance to the practice of Christian nuns.11 

(8) The why and how of this version of Hijaab remains speculative. I guess and it is only a guess that it has evolved as a symbol of our resistance to the West and as an icon of Muslim identity. This is wrong if not absurd.  A Muslim and Muslim Ummah do not need a trademark. The five mandatory prayers and the piety and personality that ought to go with is what defines and identifies a Muslim -- man or woman.12  

 In conclusion, a point for deliberation specially for us, in USA. Trying to meet the demands of Islamic dress code for modesty is probably the greatest cause of pressures and tensions on our delicate teenage daughters. Is asking them to frame their faces with veils on their heads like Christian nuns in the eyes of their peers worth this cost to them? Will it not be better, instead and worth this cost, if we can persuade, encourage and help our sweet smiling girls to avoid and dislike short shirts and fitting jeans and pants in search of Islamic decency?

.....and Allah knows best. 
May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.


FOOTNOTES

(1) A hadith quoted on the authority of Hadrat 'Abdullah bin Mas`ud, states that the Holy Prophet said: The woman must remain veiled and concealed. When she comes out of her house, Satan stares at her. And she is closer to Allah's mercy when she is inside her house." All the activities, outside the house is not permissible to women in normal circumstances. I would like to emphasize that the segregation of the genders is the essence of Hijaab in the Shariah of Sunni Islam. Maulana Maudoodi has proclaimed: “As for purdah (hijaab) it is over and above satar which is meant to segregate women from non-mahram males.”

(2) The verse 33/59: 
33:59

O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested. And Allah is Oft-Forgiving, Most Merciful” is the basis of this recommendation.  The word translated here as "outer garments" is jalabib, the plural of jilbab. But it does not necessarily refer to the present day garment known as jilbab. Translators usually represent the word jalabib with general terms like cloaks or outer garments; The two most common scholarly interpretations of jilbab are a travelling coat or cloak and a sheet-like full body garment similar to the modern jilbab. Some insist that the Qur'anic meaning of jilbab is identical to the present day garment. Others maintain that today's garment was developed as late as 1970 by the Muslim Brotherhood in Egypt. It has become tradition that Muslims in general, and Salifis in particular, believe the Qur'an demands women wear the garments known today as jilbāb and khumūr (the khumūr must be worn underneath the jilbāb). However, Qur'an translators and commentators translate the Arabic into English words with a general meaning, such as veils, head-coverings and shawls. 
The esteemed Quranic commentators At-Tabari, Al-Qurtubi, Ash-Shanqeeti and others have elaborated on the form of Hijab or Jilbab i.e., "outer garments" as viewed by the Companions of the Prophet, as well as the circumstances surrounding the revelation of this ayah. They state that when the believing women used to go out at night (wearing ordinary clothes) to answer the call of nature, some hypocrites tried to annoy them, thinking the women were slave girls. The women thereby would scream out loudly causing these hypocrites to flee. There upon Allah revealed this Ayah. Al-Qurtubi states that the Jilbab is "a cloth which covers the entire body.”; Ibn Abaas and Ubaidah As-Salmani have said “that it is to be fully wrapped around the women's body, so that nothing appears but one eye with which she can see." The Tabi'ee, Qatadah, stated that the Jilbab should be wrapped and fixed from above the forehead and made to cover the nose, (although the eyes are to show) and the chest and most of the face are to be covered.

Independent objective opinion does not support the views of these Scholars. 
“Muslim women remained in mixed company with men until the late sixth century (A.H.) or 11 th century (A.C.). They received guests, held meetings and went to wars to help their brothers and husbands, and they defended their castles and bastions”, according to Ibrahim B. Syed, Ph. D. President. Islamic Research Foundation International, Inc.
John Esposito professor of Islamic Studies at Georgetown University, writes that the customs of veiling and seclusion of women in early Islam were assimilated from the conquered Persian and Byzantine societies and then later on they were viewed as appropriate expressions of Quranic norms and values. The Qur'an does not stipulate veiling or seclusion; on the contrary, it tends to emphasize the participation of religious responsibility of both men and women in society. He claims  "in the midst of rapid social and economic change when traditional security and support systems are increasingly eroded and replaced by the state, hijab maintains that the state has failed to provide equal rights for men and women because the debate has been conducted within the Islamic framework, which provides women with equivalent rather than equal rights within the family."
Bloom and Blair also write that the Qur'an does not require women to wear veils; rather, it was a social habit picked up with the expansion of Islam. In fact, since it was impractical for working women to wear veils, "A veiled woman silently announced that her husband was rich enough to keep her idle."

(3) It has been ordained in the Quran (referred to earlier)  do not talk in a soft voice........ but speak in an unaffected manner (verse 33/32) and  "They should not stamp the ground in walking lest their hidden decoration is revealed."(verse 24/31). It is derived from these verses that the intention of the Lord clearly seems to be that the women should not attract other men by their voice or the jingle of their ornaments unnecessarily and if at all they have to speak to the other men, they should speak to them in an unaffected tone and manner. Similarly the Holy Prophet disapproved that feminine voices should enter the ears of men unnecessarily. In case of genuine need the Qur'an itself has allowed women to speak to men, and the Holy Prophet's wives themselves used to instruct people in religious matters. But where there is no necessity, nor any moral or religious objective, the women have been discouraged to let their voices be heard by men. Imam Shafa’i does not regard it as awrah. Many regard hearing of woman’s voice impermissible only if it may lead to fitnah. They think it is prudent, though to avoid talking to non-Mehrams; if inevitable then to avoid a soft and sweet tone. That is why it is forbidden for the woman to pronounce the call to the Prayer. Moreover, if a woman is attending a congregational Prayer and the Imam commits a mistake, she is not permitted to say Subhan-Allah like the males but should only tap her hands to call the imam's attention to the error.

(4) The First Requirement: The Extent of Covering
The Second Requirement: Thickness
The Third Requirement: Looseness
The Fourth Requirement: Color, Appearance and Demeanor
The Fifth Requirement: Difference from Men's Clothing
The Sixth Requirement: Difference from the Clothing of Unbelievers
The Seventh Requirement: No Vain or Ostentatious Dressing)))

(5) And whether she subsequently falls into sin by exposing her face or not. Each of the two sides clings to their own opinions which they support with evidences from the Quranic ayah, the Prophetic ahadith and the practice of the Sahabah and their views. One opinion allows the woman to expose and unveil her face as long as in doing so, she has not applied facial makeup.

(6)Women cannot drive. Sex segregation is prevalent in health centers. A male doctor is not allowed to treat a female patient, unless there are no female specialists available; and it is also not permissible for women to treat men. A woman is also not allowed to meet her spouse unveiled until after the wedding. Saudi daughters are encouraged to wear the niqaab in public. Religious Saudis believe it is forbidden for a woman to eat in public, as part of her face would be exposed, so in most restaurants barriers are present to conceal women. A rea; example of cruel interpretation: school girls, as they were running out of a burning school building were sent back forcefully for lack of head scarf.

(7)The translation of the relevant part of the ayah runs as “.........and let them wear their head-coverings over their bosoms......” The word khumur  (plural of khimar) here is referring to the head-covering customarily used by Arabian women in the period of Jahiliyah. According to most of the classical commentators, it was worn in pre-Islamic times more or less as an ornament and was let down loosely over the wearer's back; and since, according to the fashion prevalent at the time, the upper part of a woman's tunic had a wide opening in the front, her breasts were left bare. The Muslim women had continued this practice. The injunction - hukam -  in this ayah for the Muslim women is to cover their bosom, thus defining an important attribute of Islamic modesty and a sharp deviation from the practice of the kuffaar women. The women are advised to use the “khumar” -- which was the prevalent pre-Islamic female fashion -- for this purpose.  Javed Ghamidi, a traditional scholar but who lives and thinks in our century  argues that the word khumūr is mentioned in reference to the clothing of Arab women in the 7th century, but there is no command to actually wear them in any specific way. Hence he considers head-covering a preferable practice but not a directive of the shari’ah (law). Moreover scarves and veils of different colors and shapes were customary in countless cultures long before Islam came into being in the seventh century in the Arabian Peninsula (which includes present-day Saudi Arabia). To this day, head coverings play a significant role in many religions, including Orthodox Judaism and Catholicism.


(8) Is it not obvious that hair, head and face are just one contiguous part of human anatomy. The great Muslim poet, philosopher and scholar of Pakistan Allama Mohammed Iqbal suggests in his “Reconstruction of Religious Thought in Islam” that every generation of Muslims should rethink the issues and legislate according to their own needs. We Muslims endowed with intellect by Allah Ta’aala have used it to take full advantage of critical thinking, modern knowledge and technology to carve for ourselves and our families a prominent and profitable status even in Western societies. We owe it to our Creator therefore to use the same intellect and creative thinking to interpret Islamic injunctions and help our Deen to attain the status as the Religion of our Century. Islamic Jurisprudence must relate to the modern trends, style and sociological milieu. Does a doctor/dentist/lawyer need the same type of hijaab on a boulevard in New York with women running about in skimpy outfits need the same type of hijaab as a simple, innocent and illiterate housewife on the streets of tribal areas of Pakistan where the exposed knuckles of a woman is sufficient to arouse a man? On a personal note, my wife used to wrap a chador whenever she went shopping in Bohri Bazaar; she did not feel the need of it in Clifton. 

(9) Muslim women may/can/should look pretty and beautiful but not sexy; we  do/should want our sisters/wives/daughters to appear smart but not erotic. Hijaab is about concealing her sexuality but allowing her femininity to be brought out. The Arabic word At-Tabarruj (ayah 33/33), means not only "to display oneself" but also "to spruce up one's charms for the purpose of exciting desire"; this is what Muslim women are forbidden. Hairs do not have a particular sexual attraction to a man of normal sexual appetite. It is the body with its provocative size, shape, curves, gyrations and movements that makes a woman sexy and erotic.  A good hair style makes a woman pleasant and charming; this is acceptable. A curvaceous body with focus on gyrations makes her lewd; this is not acceptable. In our social gatherings, comments like “so and so has a pretty face, or she has beautiful hairs, her hair style was gorgeous, she looks attractive, she has a beautiful smile” should not and does not raise any eye brows. On the other hand slightest reference to the body as shapely etc will and should sound highly objectionable. The vigorously oscillating pony tail of a jogging woman just looks either funny or interesting. On the contrary depicting moving parts of body are favorite scenes in Indian movies to attract male attention. Once again a dance in such movies focusses on erotic movements of the body. As against this a clean classical dance concentrates on the face, hair style and graceful movements of head and arms. I cannot recall a single sensual (and therefore vulgar) scene in Hollywood/Bollywood movies where the hair of the heroine played any role.  Only an advertisement for cosmetics and hair products will display the hairs prominently. To sell a new limousine needs a female torso in bikini. In short, guarding modesty and decency needs a focus on the body; head and the hairstyle can safely be left alone. 

(10) Designer scarves with dazzling colour and beautiful designs are interestingly seen in weddings and expensive parties. A garment i.e. the headscarf which is intended to conceal a woman and her beauty from public view cannot be a thing which enhances her beauty. Therefore, the garment cannot contain bright colors, bold designs or shiny and reflective material that draw men's attention to the wearer. At a recent wedding, I saw a girl with a headscarf dancing in the balcony to the tune of rock music played on the stage. A scarf on the head but inadvertently ignoring to cover the bosom appears questionable. Working in an open mixed gym with smiles on an uncovered face will be forbidden under Shari’ah law; it is totally acceptable to PPK Muslims in our times specially in the West; however a headscarf does not blend in this scenario; it appears paradoxical.  In the corridors and courtyard of the Aga Khan Unviversity it was not uncommon to see girls with headscarves to socialize very informally with boys on one to one basis. Wearing a kamees with a high side slit or a fitting pant or a well stitched maxi dress is not uncommon in our parties; quite normal and do go unnoticed; however this practice stands out in sharp contrast if a headscarf is added; they appear contradictory. 

(11)This is a general ruling of the Shari'ah which encompasses not only dress but also such things as manners, customs, religious practices and festivities, transactions, etc. Indeed, dissimilarity with unbelievers is a precedent that was established by the first generation of Islam. The following two ahadith will help to clarify this position: 
Abdullah ibn Amr ibn Al-Aas said: Allah's Messenger saw me wearing two saffron-colored garments, so he said: Indeed, these are the clothes of kuffar (unbelievers), so do not wear them. [Sahih Muslim].
Abdullah ibn Umar said: Allah's Messenger stated: Whoever resembles a people is one of them [Abu Dawood].  
The Western media just loves the fact that this version of Hijaab bears very close resemblance to the practice of Christian nuns.  It does not let go any opportunity to display the “modern Muslim nuns” as a sign of the perceived “backwardness” of Muslim society; berating us, that we Muslims have now adopted the custom started by the Christian nuns two millennium ago and which now has been almost discarded by them. It is ever ready to screen women in headscarves as an example of Islam’s attitude of “women bashing and oppression.”

(12) The colonial experience and influence has big role to play in this context. French and British colonizers encouraged Muslim women to remove the veil and emulate European women. Consequently, in Algeria and other North African and Middle Eastern countries, the veil became a symbol of national identity and opposition to the West during independence and nationalist movements. It has probably become an issue of “they guys” against “us guys.” The headscarf is regarded as a symbol of female Muslim identity just as a long beard and white cap is for men. We Muslims want to look different. However we will not like it if we are treated as different! It could perhaps be the same sentiment which caused this practice in early Christianity -- to look unattractive to a male gaze. To quote an Iranian school girl "We want to stop men from treating us like sex objects as they have always done. We want them to ignore our appearance and to be attentive to our personalities and mind. We want them to take us seriously and treat us as equals and not just chase us around for our bodies and physical looks." Among Muslim women, the debate about headscarf which they label as hijaab takes many forms. Many believe that the veil is a way to secure personal liberty in a world that objectifies women. Several women have argued that hijaab allows them freedom of movement and control of their bodies. Understood in such terms, hijaab protects women from the male gaze  and allows them to become autonomous subjects. Others have argued that the veil only provides the illusion of protection and serves to absolve men of the responsibility for controlling their behavior. A Muslim woman who covers her head is making a statement about her identity. Anyone who sees her will know that she is a Muslim and has a good moral character. Many Muslim women who cover are filled with dignity and self esteem; they are pleased to be identified as a Muslim woman. In contrast, many daughters of Muslim immigrants in the West argue that the veil symbolizes devotion and piety and that veiling is their own choice. To them it is a question of religious identity and self-expression. On and on, goes the tale.