Quran and Shari'ah on Family Planning, Adultery and Fornication
ABSTRACT
“Hence, do not kill your children for fear of poverty: it is We who shall provide sustenance for them as well as for you. Verily, killing them is a great sin.”
The ayah in plain terms prohibits the heinous practice prevalent at that time to killing a new born female child.. Alhamdo Lillah, female infanticide is no more a human problem.
However this ayah continues to be a matter of debate because of its general application to family planning and contraception. Eminent scholars like Mufti Mohammed Shafi, Maulana Maudoodi and Amin Ahsan Islahi categorically disallow family planning on the basis of this ayah. Other prominent scholars like Dr. Mohammed Asad, Allaama Yousuf Ali, Nasr Sayyed Husain, Javed Ahmed Gamdi and Syed Qutub do not make any such reference or assertion. It sounds little far fetched to equate prevention of conception as killing a child; how can one kill a creature which has not even started its existence.
Allah Ta'aala Subhaanahoo explains the wrong logic of infanticide thus “nahnu narzuqu hum wa iyya-kum” meaning “We provide for them and for you”. This and many such ayahs express a running theme thorough out our Holy Scripture: Allah Ta'aala Subhaanahoo is our MAIN and ONLY Provider. HE gives us whenever and whatever HE desires at HIS utter discretion. This message is responsible for the very common and entrenched Belief in the concept of Taqdeer (predestination) amongst many Muslims. This belief in Taqdeer appears erroneous and misleading if we see the flip side of the coin where Allah Ta'aala Subhaanahoo warns us “That man can have nothing but what he strives for”. The article quotes several ayahs in support. These ayahs explain the basis of the ongoing debate among Muslims including the scholars on Taqdeer vs Tadbeer. Do we strive and plan for our provision or just hope and wait for it to arrive from Allah Ta'aala Subhaanahoo? We need to combine both the sets of ayah, to arrive at a proper reply to this question. A Muslim has to continually strive, work and plan all his life with the firm realisation that His power ends here. His struggle does not ensure the results, any results. Allah Ta'aala Subhaanahoo decides if, when and how to reward his efforts. Family planning is one such endeavour.
The next ayah “And do not come near to adultery; surely it has been an obscenity and odious as a way.” stands in stark contrast to the prevalent values of Western Society which is slowly but definitely crawling into our society. Note the words of the ayah; we are commanded not to go even near it, adding power and force to the prohibition. All approaches that lead even to its temptation must be avoided. Adultery is labelled in this ayah as an obscenity. Additionally and more meaningfully it is described as “saa’aa” (odious) “sabeela” (way); “an evil way” leading to further damage.
This crime is very disastrous and destructive. The sex attraction between the genders is extremely potent and powerful. Hence the preventive measures have to as robust and effective. The punishment for zina is well known and much talked about because it is regarded as too harsh and in direct conflict with the modern ideas and sentiments on retribution. Enters another great and far reaching controversy: the ultimate in severe and harsh treatment, which appears to be cruel and ruthless and feels like savage and brutal namely Stoning to Death has been prescribed. The debate and strife gets intense and compulsory as there is not (by consensus) even a mention of Stoning to Death in the whole of the Holy Quran. Let us discuss it in the next session.
October 25, 2016
Read ONLY, IF AND WHEN you have time and mood for:
“An Ayah of the Quran for 30 Days” -- October 2016
Choose the section you have time, in the next 30 days to read this ayah:-
Prelude: Recurrent Primary Message 1st. Page
Starting Dua, a note & The Ayah 2nd. Page
A Short Summary: For the Busy Bee None Pages
The Main Story: Recommended Two + Pages
Footnotes: For the Perfectionist Two Pages
PRELUDE
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.
DUAA’
بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ
In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers.
Further, we recall that Allah Ta’aala has declared in HIS Book1
“He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)”
and we also recollect that he has warned us about the day of judgement2
“Then on that day you shall most certainly be questioned about the boons (joy, pleasure).”
We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us sincere and practicing Muslims who use our critical thinking to enhance the mundane for ourselves and our families but resort to compulsory following -- taqleed, doctrine of classical Sunni Islamic Fiqh -- in matters religion.
(NOTE: I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The main email will then be reasonable length, hopefully for the busy majority. What follows is not a sermon; I do not feel qualified to give one, anyhow. I wish, it may provide a food for thought. A caveat seems in order: If the ayah selected pertains to issues we face in our daily life with our family, friends, neighbours or peers it may affect us personally and lead to some self analysis and soul searching which in turn could be divisive and distressing. If taken in the right spirit, it can be a humble attempt towards finding the “straight path”.)
THE AYAH
Surah Al-Isra No. 17, Ayah 31
وَلا تَقتُلوا أَولادَكُم خَشيَةَ إِملاقٍ ۖ نَحنُ نَرزُقُهُم وَإِيّاكُم ۚ إِنَّ قَتلَهُم كانَ خِطئًا كَبيرًا
“Hence, do not kill your children for fear of poverty:1 it is We who shall provide sustenance for them as well as for you. Verily, killing them is a great sin.”
A SHORT VERSION
None
THE MAIN STORY
“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i
We are continuing our pursuit to discuss the Ehkaamaat (injuctions) in the Quran. It started with the last two sessions which dealt with these subjects:
1) Fate of Aspirers of the Mundane and the Hereafter in Islam as per the Quran and
2) Role, Rules and Reasons of Charity for Muslims as per the Quran and Shari’ah
I intend to devote next few sessions to cover all the ayahs in this “set” of ayahs (19 to 35 ) in Surah Al-Isra defined by a Sahaabaa as the “Quranic Ten Commandments”.
With this ayah we start the Don’ts in this “set”. Earlier the Dos were under discussion. The ayah in plain terms is mandating the Muslims not to kill their children for fear of poverty. Similar warnings against slaying one’s children are found in Surah Al Anam, Ayahs 140 and 151. It is also reported that a promise not to slay one’s children was made a condition for women who wanted to join the Muslim community in Medinah. The specific object of this ayah is agreed by consensus. It refers to the heinous practice prevalent at that time to kill a new born female child. It was argued, since a female does not generate any income, she is a pure financial liability. Alhamdo Lillah, female infanticide is no more a human problem.
However this ayah continues to be a matter of debate because of its general application to family planning and contraception. Eminent scholars like Mufti Mohammed Shafi, Maulana Maudoodi and Amin Ahsan Islahi categorically disallow family planning on the basis of this ayah. Other prominent scholars like Dr. Mohammed Asad, Allaama Yousuf Ali, Nasr Sayyed Husain, Javed Ahmed Gamdi and Syed Qutub do not make any such reference or assertion.
It sounds little far fetched to equate prevention of conception as killing a child; how can one kill a creature which has not even started its existence. That is why Mufti Mohammed Shafi puts it rather carefully “May be, this approach (i.e. contraception) is not a sin equal in gravity to that of the killing of children, but there is no doubt about its being blameworthy.” Reflecting his dogmatic personality, Maulana Maudoodi, on the other hand puts it strongly “This verse cuts at the very root of the movement of birth control, which has been going on from ancient times to our present age.”
Allah Ta'aala Subhaanahoo explains the wrong logic of infanticide thus “nahnu narzuqu hum wa iyya-kum” meaning “We provide for them and for you”. Elsewhere HE has said3
“God enlarges the sustenance (which He gives) to whichever of His servants He pleases; and He (similarly) grants by (strict) measure, (as He pleases): for God has full knowledge of all things.”
More from Bari Ta’aala on the same subject:4
“And You give wealth and sustenance to whom You will, without limit (measure or account).”
These are just few examples of lots of other ayahs to express a running theme thorough out our Holy Scripture: Allah Ta'aala Subhaanahoo is our MAIN and ONLY Provider. HE gives us whenever and whatever HE desires at HIS utter discretion. This message is responsible for the very common and entrenched Belief in the concept of Taqdeer (predestination) amongst many Muslims. This leads to lack of will and inaction which is contrary to the objectives of Islam. This belief in Taqdeer appears erroneous and misleading if we see the flip side of the coin where Allah Ta'aala Subhaanahoo warns us5
“That man can have nothing but what he strives for”. and6
“And for all there are degrees [of reward and punishment] for what they have done, and [it is] so that He may fully compensate them for their deeds, and they will not be wronged.” and also7
“But how (will they fare) when we gather them together against a day about which there is no doubt, and each soul will be paid out just what it has earned, without (favour or) injustice?” and finally8
“Allah does not charge a soul except [with that within] its capacity. It will have [the consequence of] what [good] it has gained, and it will bear [the consequence of] what [evil] it has earned.”
These ayahs explain the basis of the ongoing debate among Muslims including the scholars on Taqdeer vs Tadbeer. Do we strive and plan for our provision or just hope and wait for it to arrive from Allah Ta'aala Subhaanahoo? We need to combine both the sets of ayah, to arrive at a proper reply to this question. A Muslim has to continually strive, work and plan all his life with the firm realisation that His power ends here. His struggle does not ensure the results, any results. Allah Ta'aala Subhaanahoo decides if, when and how to reward his efforts. Family planning is one such endeavour. Based on his God given knowledge and wisdom, man decides both as an individual and collectively to control the size of his family and the population of his country. He may succeed or may not. He may be right; he may be wrong. His planning keeps on changing. China had restricted one child per family by cruelly enforced law; now it is encouraging more children. Many European countries have a birth rate low enough to endanger their survival. Our Lord and Creator has at tines HIS own designs to thwart any planning. A low middle class couple in Pakistan have two sons and four daughters. All their children are well settled in US. As a bonus they travel to their children in business class as one of their son-in-law is an air-line employee; Subhanallah! No human planning alone could have achieved such a success.
Abortion is a different kettle of fish and deserves a different approach. It cannot be justified for purely family planning even when the fetus is not viable. This is not prevention but destruction. Abortion on medical grounds has its own rules and requirements.
The next ayah gives the seventh injunction in the set of “the Quranic Ten Commandments” and is very important as it stands in stark contrast to the prevalent values of Western Society which is slowly but definitely crawling into our society. Moreover it is a burning question for Western Muslims:9
“And do not come near to adultery; surely it has been an obscenity and odious as a way.”
Islam, being a natural religion gives sex its role and place in human society. Far from condemning it, our deen recognizes it, respects it and reassures it. However it also recognizes it’s potential for corrupting a health family life which in turn is lethal to a vibrant society. Hence any sexual activity from the beginning to the end is totally and forcefully confined to marriage partners. Any extramarital sex is completely forbidden. Note the words of the ayah; we are commanded not to go even near it, adding power and force to the prohibition. All approaches that lead even to its temptation must be avoided.
Adultery is labelled in this ayah as an obscenity. Additionally and more meaningfully it is described as “saa’aa” (odious) “sabeela” (way); “an evil way”. Apart from being an evil act in itself, it is a way that leads to many more evils and far greater damage. It kills a good marriage. It is extremely damaging to the children. It results in loss of reputation. It could generate feud and fights resulting in loss of life and property. It results in disruption and corruption of society in general.
Dr. Mohammed Asad has pointed out that “the term zina signifies all sexual intercourse between a man and a woman who are not husband and wife, irrespective of whether either of them is married to another partner or not; hence, it denotes both "adultery" and "fornication" in the English senses of these terms.” The editor of “In the Shade of The Quran”, the tafseer of Sayyid Qutb also endorses this opinion “The Arabic word zinā, translated here as ‘adultery’, refers to sexual intercourse outside wedlock, regardless of whether the man or the woman is married. Thus, it includes fornication.” It is of utmost importance to bear in mind this definition when the punishment of adultery is discussed.
This crime is very disastrous and destructive. The sex attraction between the genders is extremely potent and powerful. Hence the preventive measures have to as robust and effective.
To start with, Shari’ah has enacted stern punishments for it to act as a deterrent; more of it later. Hence the act of adultery and its false accusations are not only sins but criminal offenses.
The jurists and scholars have have done a good job of devising means and methods to block all the ways leading to this horrible crime but seem to go overboard at times. According to Maulana Maudoodi this injunction is also directed towards the society to arrange preventive measures for its control by educational, regulatory and legal measures. At present, inter gender relations by popular consent have to be public, purposeful and for the duration of the purpose; presence of a man and a woman in a closed space is frowned upon. Decent and proper dressing in mixed meetings is strongly emphasised. Any physical contact between them is taboo. Our ethical code encourages and facilitates marriage. The classical Jurisprudence (Fiqh) of Sunnis Islam orders total segregation of the genders in every field of life as mandatory for this purpose. If women do have to come out in the open for special reasons they need to wrap themselves in a full burqua. I think apart from a tiny minority, this verdict of the Ulemaa about women staying indoors is generally disregarded. However there is a small minority who have rejected the main recommendation but still cling to the secondary part of the recommendation. So that we see a full black burqua with big dark glasses sitting on the TV screen or a “hijacker” burqua walking on the streets of Paris. There are some additional and controversial recommendations by our scholars. As an example, Maulana Maudoodi says “regulations about "Purdah" were promulgated: the publication of indecent things was banned and drinking of intoxicants was made unlawful: restrictions on music, dancing and pictures which are conducive to adultery were imposed.”
This ayah has followed the one about killing one’s daughter. Sayyid Qutb has drawn some meaning in this sequence as he finds a link between the two. “Adultery represents killing in various ways” says he.10 It makes an interesting reading; I do not find it helpful or meaning full.
The punishment for zina is well known and much talked about because it is regarded as too harsh and in direct conflict with the modern ideas and sentiments on retribution. Enters another great and far reaching controversy: the ultimate in severe and harsh treatment, which appears to be cruel and ruthless and feels like savage and brutal namely Stoning to Death has been prescribed. The debate and strife gets intense and compulsory as there is not (by consensus) even a mention of Stoning to Death in the whole of the Holy Quran. Let us discuss it in the next session.
TO BE CONTINUED
........and Allah knows best.
May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.
Dr. Khalid Mitha
FOOTNOTES
(1) Surah 2/269
يُؤتِي الحِكمَةَ مَن يَشاءُ ۚ وَمَن يُؤتَ الحِكمَةَ فَقَد أوتِيَ خَيرًا كَثيرًا ۗ وَما يَذَّكَّرُ إِلّا أُولُو الأَلبابِ
(2) Surah 102/8
ثُمَّ لَتُسأَلُنَّ يَومَئِذٍ عَنِ النَّعيمِ
(3) Surah 29/62
اللَّهُ يَبسُطُ الرِّزقَ لِمَن يَشاءُ مِن عِبادِهِ وَيَقدِرُ لَهُ ۚ إِنَّ اللَّهَ بِكُلِّ شَيءٍ عَليمٌ
(4) Surah 3/27
وَتَرزُقُ مَن تَشاءُ بِغَيرِ حِسابٍ
(5) Surah 53/39
وَأَن لَيسَ لِلإِنسانِ إِلّا ما سَعىٰ
(6) Surah 46/19
وَلِكُلٍّ دَرَجاتٌ مِمّا عَمِلوا ۖ وَلِيُوَفِّيَهُم أَعمالَهُم وَهُم لا يُظلَمونَ
(7) Surah 3/25
فَكَيفَ إِذا جَمَعناهُم لِيَومٍ لا رَيبَ فيهِ وَوُفِّيَت كُلُّ نَفسٍ ما كَسَبَت وَهُم لا يُظلَمونَ
(8) Surah 2/286
لا يُكَلِّفُ اللَّهُ نَفسًا إِلّا وُسعَها ۚ لَها ما كَسَبَت وَعَلَيها مَا اكتَسَبَت
(9) Surah 17/32
وَلا تَقرَبُوا الزِّنا ۖ إِنَّهُ كانَ فاحِشَةً وَساءَ سَبيلًا
(10) Sayyid Qutb
Adultery represents killing in various ways. It is a killing because it wastes life matter as it puts it in the wrong place. It is often followed by a desire to get rid of its natural consequences through abortion or infanticide. If the child is spared and allowed to live, it is abandoned to a life of misery and deprivation, which is a killing in a different form. Moreover, it is a killing of the community because family relations are thus lost, and blood ties are confused. People will have little trust that the children they bring up are their own. Thus community relations become weakened and the spirit of the community more or less dies.
Adultery may also be described as a killing of the community for a different reason. The ease which it provides for the fulfilment of sexual desires makes marriage a redundant institution, and the family an unnecessary responsibility. We must not forget that the family provides the proper home where the young should be reared, and where sound human nature is consolidated. It is the home where sound upbringing can be ensured for boys and girls alike.
Throughout history, every community that allowed immorality to spread saw its own decline brought about. Some people may feel that this is not true, looking at the fact that Europe and the United States continue to enjoy power despite the fact that immorality is widespread there. Yet the results of such loose morality are now apparent in older nations, such as France. As for new nations like the US, it may take some time yet before such effects are visible. The case is like that of a young man who gives rein to his desire. The effects may not manifest themselves when he is young, but as he grows older, his decline is rapid.
