Is it Correct to designate the Headscarf alone by itself as Hijaab of the Muslim Shari'ah?

Is it Correct
To designate the Headscarf alone by itself
As Hijaab of the Muslim Shari'ah?

 Read ONLY,  IF AND WHEN you have time and mood for: 

 “An Ayah for 30 Days” -- August  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 -- a book rooted in the daily life of the Prophet and his community and often a response to a given situation.

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. 

Surah Al-Ahzab (33) Ayah 53:

Yusuf Ali

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.

The mosque was the home and the home was the mosque. All the religious, civic and military affairs were conducted in this mosque/home complex. People -- rustic bedouins and the sophisticated -- were constantly coming in and out of this compound at all hours of the day. When delegations from other tribes came for their problems, they would set up their tents for days at a time inside the open courtyard just a few feet away from the apartments -- pigeonholes by present standards -- used by the inmates so much so that the sound of gargling inside would be heard in some parts of courtyard outside. New emigrants who arrived in Medinah would often stay within the mosque's walls until they could find suitable homes. This was the “White House” for the Last Prophet of God, the undisputed leader of the people, their Lawgiver and Legislator, their Judge and Councillor and their Commander-in-Chief. Be sure to fly back in time to early seventh century CE and visit this unique spot on the surface of the earth if you want to understand and comprehend what follows.

Comparatively a long ayah, it is conveying different messages (which have been color coded). It is of utmost importance to focus that the ayah is mainly and perhaps exclusively concerned with instructions for “ O you who believe” regarding the etiquette and manners for a visit to the family household of the Holy Prophet. 

To start with the bedouins are taught the elementary manners of entering, staying and leaving “ the Prophet’s houses.” Next the folks are reminded that the Rasool is too sophisticated to complain about it but he does gets annoyed because he is a human being with his feet on the ground as any body of us. 

Next follows the part of the ayah which has been labelled by the founders of religious knowledge as the First and probably the Central ayah for the institution of HIJAAB -- "the verse of the veil." The books of Fiqh always devote a chapter to the “descent of the hijaab”.The asbab al nuzul, ( the cause of revelation) critical to assess the meaning of this ayah is almost certainly the waleema at the wedding of Zainab bint Jahsh.¹ The oft-repeated request by Umer ibn Khattab is another reason for nuzul cited by some authorities.²

The term hijaab used in this ayah is not referring to a veil or headscarf but is used in the context of a barrier or screen and is referring to the curtains that were hung at the doors of the apartments of the wives immediately after the nuzul of this ayah to guarantee the privacy of the wives. By instituting seclusion, Prophet Mohammed under instructions from Allah was creating a distance between his wives and the thronging community on their doorstep. Taken in historical context, this verse seems to have been primarily intended to give the Prophet's wives some protection against nuisance visitors and people who were looking for gossip about them. Gossip and slander were a great concern at the time the verses relating to hijab were revealed. The stipulations of the hijaab were meant only for Muhammad's wives, and were intended to maintain their inviolability. The term darabat al-hijab ("taking the veil"), was used synonymously and interchangeably with "becoming Prophet Muhammad's wife"; during Muhammad's life, no other Muslim woman wore the hijab. Later, muslim women started to wear the hijab to emulate Prophet Muhammad's wives, who are revered as "Mothers of the Believers" in Islam. The Qur'an, in this ayah instructs the male believers (Muslims) to talk to wives of Prophet Muhammad behind a hijaab -- the physical curtain on the doors of their apartments. This attitude of hiding and staying behind -- call it hijaab -- was the responsibility of the men and not the wives of Prophet Muhammad. 

However, in later Muslim societies this instruction, specific to the wives of Prophet Muhammad and specifically for their privacy, was generalized by the traditional exponents of Islamic Jurisprudence to all men and women at all times. Our ulemaa and fugahaa have extrapolated the “curtains” at the door of the First Ladies of Islam which descended immediately after this ayah to permanent “screens” between men and women thus creating a permanent division in the Muslim space and advocating segregation of genders as mandatory. Listen to Maulana Maudoodi, as an example.³ The only basis for this very intense and far reaching conclusion is the reference to “that makes for greater purity for your hearts and for theirs” at the end of this part of the ayah. Similarly Allah’s reference elsewhere in the Quran on this subject of hijaab namely:

“O Consorts of the Prophet! Ye are not like any of the (other) women: if ye do fear (Allah), be not too complacent of speech”⁴

“ And stay quietly in your houses and make not a dazzling display, like that of the former Times of Ignorance”⁵

“O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad)”⁶

  ^“that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms...... and that they should not strike their feet in order to draw attention to their hidden ornaments.”⁷

seem to be interpreted out of context, ignoring the letter and spirit of the Quranic verses. The ayahs that speak volumes about the basis of Islamic hayah and sharam for both the genders namely “ Say to the believing men that they should lower their gaze”⁸  are hardly quoted let alone discussed in the context of hijaab. Hence it seems that the traditional teachings and recommendations in the Fiqh (jurisprudence) of Sunni Islam and labelled as the Shariah on the topic of Hijaab are controversial and probably not based on the letter and spirit of the Divine Book. An intense and extensive research on this subject by the PPK Muslims with the help of modern  Ulema and Fuqaha -- who are prepared to think out of the box -- is long over due. It cannot be over emphasized that Tabligh and Da’awa are one of the basic duties of the Muslims for the cause and propagation of Islam. It is also apparent that hijaab and all that goes with it is the main reason for the negative image of Islam as “woman bashing” in the whole non-Muslim world -- three-fourth of humanity and the main target for Da’awa. 

 The ayah then goes on to implore the Muslims not to annoy the Prophet. Why? Is it possible that a believer would dare to annoy the Prophet of Allah? Surprisingly yes, he did dare, definitely and repeatedly. These are the facts of life quite contrary to the image of respect and elation that we would like to build around Allah’s Rasool. An example of this is the fact that there were men who declared on the face of our prophet that they would marry his wives after his death. This is the incident that called for the last part of this ayah. 

There are seven ayahs in the Quran and more than seventy ahadith⁹ regarding the why and what of Hijaab. According to Islamic scholarship, hijaab is given the wider meaning of modesty, privacy, and morality; the meaning of hijaab has evolved over time. However, hijaab, has been interpreted in many different ways by Islamic scholars and Muslim communities. The modesty in Qur'an concerns both men's and women's  gaze, gait, garments and genitalia, though the focus of our ulema is always the woman. This is a concept in Islam and not merely a dress code; it should not be reduced to a piece of cloth for women when out on streets. It includes not only dress and covering the body, but methods of behavior before members of the same and/or opposite sex, promoting privacy for females and prohibiting loose intermingling between males and females, and thereby encouraging modesty, decency, chastity and above all, respect and worship of Allah.  Also the dress code does not refer to a style or fashion of the outfit -- this is left to the individual according to the time and place -- but to satisfy a certain need of Hayah and Sharam, translated as modesty and morality. The primary and probably the only goal of Hijaab is to avoid sexual attraction which can lead to sensuality and fornication commonly referred to as Fitnah. Our scholars have disallowed all practices that may or can possibly lead to fitnah even if in a given case it may not lead to one (i.e. fitnah). 

Veiling has been rapt in controversy throughout history. Today, the goal of Shari’a behind the institution of hijaab is completely lost. Instead, the veil -- albeit a truncated version -- stands as both a symbol of Islamic identity and resistance to Western ways, while in much of Western thinking, the veil has become the symbol of the Middle Eastern woman and oppression. Lastly the hijaab, it may be noted is not a uniquely Islamic convention; it predates Islam by centuries.¹⁰ Interestingly the veiling advised in the Bible is attributed to women’s inherent inferiority.

TO BE CONTINUED

HIJAAB -- The Shari’a version v/s Modern version

.....and Allah knows best. 

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

FOOTNOTES: 

[1]  Al_Tabari, reports Anas Ibn Malik as saying:

The Prophet had wed Zaynab Bint Jahsh. I was charged with inviting people to the wedding supper. I carried out this charge. Many people came. They arrived in group, one after the other. They ate and then they departed. I said to the Prophet:

"Messenger of God, I invited so many people that I can't find anyone else to invite."

At a certain moment, the Prophet said: "End the meal." Zaynab was seated in a corner of the room. She was a woman of great beauty. All the guests departed except for three who seemed oblivious of their surroundings. They were still there in the room, chatting away. Annoyed, the Prophet left the room. He went to Aisha’s apartment. Upon seeing her, he greeted her, saying:

"Peace be unto you, member of the household."
"And peace be unto you, Prophet of Allah," responded A'isha to him. "How do you like your new Companion?"
He thus made the round of the apartments of his wives, who greeted him in the same manner as A'isha. Finally, he retraced his steps and came again to Zaynab's room. He saw that the three guests had still not departed. They were still there continuing to chat. The Prophet was an extremely polite and reserved man. He quickly left again and returned to A'isha’s apartment. I don't remember any more whether it was I or someone else who went to tell him that the three individuals had finally decided to leave. In any case, he came back to the nuptial chamber. He put one foot in the room and kept the other outside. It was in this position that he let fall a sitr [curtain] between himself and me, and the verse of the hijaab descended at that moment. 

 It will help to summarise the most salient facts in this account by al-Tabari :

1 While drawing the curtain, Anas tells us, the Prophet pronounced what was to become in the Koran verse 53 of Sura 33, which for the experts is "the verse of the hijab." They are the words that Anas heard murmured by the Prophet when he drew the sitr (curtain) between them _ words that were the message inspired by God in His Prophet in response to a situation in which Muhammad apparently did not know what to do nor how to act. We should remember that the Koran is a book rooted in the daily life of the Prophet and his community; it is often a response to a given situation.

2 The second fact to take note of is that the Prophet was celebrating his marriage to Zaynab Bint Jahsh.

3 He invited to this event nearly the whole Muslim community of Medina.

4 All partook of the wedding supper and departed, with the exception of three impolite men who continued to chat without concern for the Prophet's impatience and his desire to be alone with his new wife.

5 The Prophet, irritated, went out into the Courtyard, walked up and down, returned to the room, and left again to wait for the visitors to leave.

6 Upon their departure, Allah revealed the verse on the hijab to the Prophet.

7 The Prophet drew a sitr between himself and Anas, while reciting verse 53 of Sura 33.

Fatima Mernissi: The Veil and the Male Elite:

[2]  And as regards the veiling of women, I said 'O Allah's Apostle!  I wish you ordered your wives to cover themselves from the men because good and bad ones talk to them. So the verse of the veiling of the women was revealed" (Bukhari, v1, bk 8, sunnah 395).....

[3] Now whosoever has been blessed with understanding by Allah can himself see that the Book which forbids the men and women to talk to each other face to face and commands them to speak from behind a curtain because “this is a better way for the purity of your as well as their hearts," could not possibly permit that the men and women should freely meet in mixed gatherings, educational and democratic institutions and offices, because it did not affect the purity of the hearts in any way. Tafheem ul Quran.

 Surah 33/54

"Whether ye reveal anything or conceal it, verily Allah has full knowledge of all things". Yusuf Ali

[4]Surah 33/32

"O Consorts of the Prophet! Ye are not like any of the (other) women: if ye do fear (Allah), be not too complacent of speech, lest one in whose heart is a disease should be moved with desire: but speak ye a speech (that is) just". Yusuf Ali

[5] Surah 33/33

"And stay quietly in your houses, and make not a dazzling display, like that of the former Times of Ignorance; and establish regular Prayer, and give regular Charity; and obey Allah and His Messenger. And Allah only wishes to remove all abomination from you, ye members of the Family, and to make you pure and spotless".  Yusuf Ali

[6]Surah 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".  Yusuf Ali

[7]Surah 24/31

"And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah, that ye may attain Bliss". Yusuf Ali

[8]  Surah 24/30

"Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do".  Yusuf Ali

[9] Ma’aariful Quran, Maulana Mufti Mohammed Shafi

[10] The practice of veiling has a long history in the Judeo-Christian tradition. Catholic nuns engage in the practice, of course, and there are several references to the practice in both the Old and New Testaments (King James Version). Ironically, the representation of veiling in the Bible is much more problematic than those in the Qur'an or the Hadith, because the Judeo-Christian sources imply that women should be covered because of their inherent inferiority. Historically, the veiling of the face was practised by many cultures before Islam and scholars say the adoption of its practice by Muslims was part of fitting into the society. 

From the earliest records, veiling was a sign of status. An Assyrian legal text dating back to the thirteenth century B.C., forbade prostitutes from wearing the veil, restricting its use to "respectable" women.

Veiling took place in the Greco-Roman world and respectable Athenian women were known to be secluded. In pre-Islamic Iran and the Byzantine Empire veiling and seclusion also existed and appear to have been indicators for urban-upper-and middle-class women to show that their husbands could afford to “keep” them. Wealth aside, at the heart of the separation of the sexes is the notion of male honor. In Mediterranean societies, both Christian and Muslim, a man’s honor is directly connected with the purity of the women in his family. Therefore, female behavior is to be controlled in order to maintain male honor.

During Islam’s rise in the Middle Ages, the use of the veil and gender segregation was commonplace in the Christian Middle East and Mediterranean regions, but their influence on Islam was relatively minor in the lifetime of Muhammad. Muslims in their first century at first were relaxed about female dress. When the son of a prominent companion of the Prophet asked his wife Aisha bint Talha to veil her face, she answered, "Since the Almighty hath put on me the stamp of beauty, it is my wish that the public should view the beauty and thereby recognized His grace unto them. On no account, therefore, will I veil myself." As Islam reached other lands, regional practices, including the covering of the faces of women, were adopted by the early Muslims. Yet it was only in the second Islamic century that the face veil became common, first used among the powerful and rich as a status symbol.

 It was only well after Muhammad’s death that the veil became a commonplace item of clothing among Muslim upper-class women, who began to veil as a sign of status following the example of the Prophet’s wives. It is unknown how and exactly when these customs spread to the general Muslim population, but it would have been following the Muslim conquests of areas where veiling was prevalent, and when the Muslim State was attaining greater wealth.

Are the Food and Women of Ehle Kitaab (Jews and Christians) Halal in Muslim Shari'ah

Are the Food and Women of Ehle Kitaab (Jews and Christians)
 Halal in Muslim Shari'ah

  Read ONLY,  IF AND WHEN you have time and mood for: 

 “An Ayah for 30 Days” -- July 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. 

Surah Al-Maeda (5), Ayah 5

ٱلْيَوْمَ أُحِلَّ لَكُمُ ٱلطَّيِّبَٰتُ ۖ وَطَعَامُ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ حِلٌّۭ لَّكُمْ وَطَعَامُكُمْ حِلٌّۭ لَّهُمْ ۖ وَٱلْمُحْصَنَٰتُ مِنَ ٱلْمُؤْمِنَٰتِ وَٱلْمُحْصَنَٰتُ مِنَ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ مِن قَبْلِكُمْ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَٰفِحِينَ وَلَا مُتَّخِذِىٓ أَخْدَانٍۢ ۗ وَمَن يَكْفُرْ بِٱلْإِيمَٰنِ فَقَدْ حَبِطَ عَمَلُهُۥ وَهُوَ فِى ٱلْءَاخِرَةِ مِنَ ٱلْخَٰسِرِينَ

Abul Ala Maududi

 This day all good things have been made lawful to you.   The food of the People of the Book is permitted to you, and your food is permitted to them.  And permitted to you are chaste women, be they either from among the believers or from among those who have received the Book before you,   provided you become their protectors in wedlock after paying them their bridal-due, rather than go around committing fornication and taking them as secret-companions. The work of he who refuses to follow the way of faith will go waste, and he will be among the utter losers in the Hereafter. 

I have colour coded different parts of the translation of this Ayah to highlight that five different yet similar messages are conveyed in the same ayah. 

The Ayah starts (blue) with declaring the default principle in Islam for all muaamlaat (i.e. mundane problems of life, as against (ibaadaat) that all good things are lawful; prove it to be bad to make it unlawful¹

The second part (red) declares all the “food” of the people of the Book is lawful to you. By consensus this term refers to animal food i.e. zabeeha of the ahle kitab ; other foods like cereals and vegetables can be shared even with non-Muslims. So Allah Ta’aala has clearly declared to the Muslim community in Medina in early seventh century that they can socialize and eat and drink with their fellow citizens, Jews and Christians of the city state of Medina and share their  zabeeha. Fourteen hundred years later, in the globalized pleural world of twenty-first century we Muslims are loudly debating on this issue. 

Why?  Is there a room for different interpretations of this portion (red) of the ayah?  To answer this question, let us refer to Usul al-Tafsir, or the Principles of Qur’aanic Exegesis. The steps and the sequence that the exegete (mufassir) follows in his task of explaining the Qur’an are as follows:

1) Explanation of the Qur’an with the Qur’an itself.
2) Explanation of the Qur’an with the Sunnah.
3) Explanation of the Qur’an with the statements of the Companions RA.
4) Explanation of the Qur’an with the statements of the Tabi’?n.
5) Explanation of the Qur’an with the language.
6) Explanation of the Qur’an based on opinion and deliberation (al-Ra’i wal-Ijtihad).

Therefore it is often recommended to “Begin the tafsîr of the Qur'ân with the Qur'ân” or “The best tafsîr is the explanation of the Qur'ân by the Qur'ân” or “One part of the Qur’an explains the other.” The mufessareen are more of less unanimous that, to start with no interpretation of any ayah is acceptable which runs contrary to the clear and obvious meaning of the text of the Quran. To elaborate this point beyond any doubt, I have quoted hereunder additional six translations of this ayah to show that there is no difference of opinion amongst the scholars about the obvious meaning of this part of the ayah:

Sahih International

 ".......and the food of those who were given the Scripture is lawful for you and your food is lawful for them......." 

Muhsin Khan

"Made lawful to you this day are At-Tayyibat [all kinds of Halal (lawful) foods, which Allah has made lawful (meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.). ....The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them....." 

Pickthall

"......The food of those who have received the Scripture is lawful for you, and your food is lawful for them......." 

Yusuf Ali

 "....The food of the People of the Book is lawful unto you and yours is lawful unto them......" 

Shakir

 "......and the food of those who have been given the Book is lawful for you and your food is lawful for them......"

Dr. Ghali

"......and the food of the ones to whom the Book was brought is lawful to you, and your food is made lawful to them.....". 

The next step, according to the rules mentioned above, is to browse the Qur’aan for any other instructions on the issue of zabeeha.  Allah Ta’aala has described in HIS Book a list of proscribed animals ². Hence pork, for example cannot be accepted even from people of the Book.  We also read about the need for reciting Allah’s name and the need for slaughter else where in the Quran.³ These ayahs, however do not and cannot limit the clear cut permission given in the Ayah under discussion. 

Commenting on this Ayah, Shaikh Yousuf Al-Qaradawi,⁴ in his Book “The Lawful and the Prohibited in Islam” states:

“Since Allah did not prohibit it, the food of the Jews and the Christians is permitted to you on the basis of the original permissibility of things, and likewise you can share your food with them. Accordingly, you can eat the flesh of the animals they have slaughtered or hunted, and they can eat what you have slaughtered or hunted ........The application of the phrase, ‘the food of those who were given the Scripture,’ is general and includes their meats, produce, and other foods. All of these are halal for us excepting what is haram in itself, e.g., the flesh of a dead animal, pork, and flowing blood, as these are haram regardless of whether they are obtained from a Christian, a Jew or a Muslim......... Some others hold the opinion that the food of the People of the Book has been permitted to us by Allah, Who is aware of what they say when slaughtering an animal......we know that imported meats, such as chicken and canned beef, originating with the People of the Book are halal for us, even though the animal may have been killed by means of electric shock or the like. As long as they consider it lawful in their religion, it is halal for us.”

On the other hand, many of the traditional scholars⁵ are of the opinion that the other ayahs referred to earlier^{1 & 2} restrict the clear and obvious permission of Allah Ta’aala in this  ayah and therefore have concluded:-
“In the light of both verses, it is deduced and understood that the Zabiha of the Ahl al-Kitab is only permissible when the name of Allah was taken at the time of slaughtering the animal and the slaughtering itself done in the proper manner. As mentioned earlier, this condition of reciting the name of Allah is independently necessary”. The Hanafi and Hanbali schools seem to endorse this opinion.  On the other hand, it is usually related from Imam Shafa’e (RA) that the animal will be halal even if the name of Allah is not pronounced intentionally, and to recite the name of Allah is merely a Sunnah. Certain scholars, on the basis of a hadith on the authority of Ayesha⁶ have recommended that the name of Allah may be pronounced before eating the meat, in lieu.

One reason why this issue is so emotionally charged is that the significance of slaughter has been blown up out of all proportion. Considering certain ahadith, the issue of slaughtering animals is not regarded as normal and mundane issue, but elevated to an act of worship: “the slaughtering of animals holds a significant position in Shariah. The Prophet (Allah bless him & give him peace) counted the slaughtering of animals with praying Salat and facing the Qiblah. He considered it from those specific features of Islam, which distinguishes a Muslim from a non-Muslim and regarded it as one of the hallmarks of a true believer with which his life and wealth is protected”⁷

As a result detailed and elaborate rules and conditions for “Proper and Valid Slaughter -- dhabiha” have been laid down:

• The slaughterer must be a Muslim or a person from Ahlul-Kitaab (Jew or a Christian) 
• The slaughter must be done with a tool with a sharp edge and the animal must be killed by the sharpness and not by using force and most of the four veins (including the Jugular vein, according to some) must be cut to ensure that the blood and other impure elements (!) come out from their body as much as possible 
• The slaughter be done in a way that was least painful and most merciful to the animal.
• The entire Umma is agreed upon the place of the cut which is the throat and base of the neck. 
• The name of Allah must be taken at the time of slaughtering.
• All these conditions are necessary individually and separately. 
• Failure to fulfill them will render the animal unlawful. 

Pertinently, here is what a Hanbali Scholar⁸ of Salafi school has to say:

 “It is not essential to ask about that which was slaughtered by a Muslim or a kitaabi, and how it

was slaughtered, and whether the name of Allah was mentioned over it or not. Rather that should not be done, because that is being obstinate in religious matters. The Prophet (peace and blessings of Allah be upon him) ate meat slaughtered by the Jews and did not ask questions. In Saheeh al-Bukhaari and elsewhere it is narrated from ‘Aa’ishah (may Allah be pleased with her) that some people said to the Prophet (peace and blessings of Allah be upon him): Some people bring meat to us, and we do not know whether they mentioned the name of Allaah over it or not. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Mention the name of Allaah over it and eat.” 

Before I move on to the other parts of this ayah, let me quote two more opinions as this is a matter that affects all of us all the time:

“If a Muslim or a kitaabi (Jew or Christian) slaughters an animal for meat, and it is not known whether he mentioned the name of Allaah over it or not, it is permissible to eat from it, and the one who eats it should say the name of Allaah because of the report that was narrated by al-Bukhaari (2057) from ‘Aa’ishah (may Allaah be pleased with her)......”.⁹  

“With regard to other types of meat, if the companies or individuals who produce meat are people of the Book, Jews or Christians, and it is not known from them that they kill the animal by electric shock, strangling or striking it on the head, as is well known in the West, then this meat is halaal.....”.¹⁰  

Moving to the next part of the Ayah (brown), Allah Ta’aala has categorically granted permission in plain terms to marry chaste women from Muslim and Kitabis. Again here the scholars have found reasons to qualify the clear permission of God, the Almighty. Imam Abu Hanifa regards it as permissible but makrooh. Ibn Abbas, forbids it for residents of all non-Muslim countries.  The Hanafis regard this practice as undesirable though lawful. Thankfully, Hasan Basri does not stipulate any such restrictions, stating that it is a general permission.  It is often emphasized as a condition to marry a Kitabi woman that she should be a chaste woman; it sounds strange as this condition of chastity is applicable for a Muslim woman as well. Lastly Imam Shafai regards “chaste” women to mean free women as against slave girls¹¹! I know it is very impertinent of me if not madness to challenge the opinion of our great Imams and eminent Muslim scholars even though I have got Hasan Basri to support me. However, under the influence of the teachings of these titans of our Deen, I dare say, that any human being be it a renowned Imam, an esteemed Saint or a distinguished scholar is not qualified to modify, limit or restrict the clear and obvious commandments of our Creator, the Lord of the Worlds, The Beneficent, the Merciful,  the Master of the Day of Judgment. This is the central core of our Eemaan and Eitiqaad (Faith and Belief) and a debate on this issue may hover dangerously close to the frontiers of Kufr (Rejection). May God All Mighty forgive me for my audacity, if I am wrong.

We are then reminded, further down the ayah (purple) that the basic tenants of the idea of marriage in Islam are to be followed with the Kitabis also: take them in wedlock, not fornication nor as secret paramours. 

Lastly we are reminded (as is the pattern through out in the Holy Book) of our Faith and Belief in the Hereafter as the only sanction behind Allah’s commandments in this world; there is no human agency to arrest, indict and prosecute you for disobeying HIS commandments: The work of he who refuses to follow the way of faith will go waste, and he will be among the utter losers in the Hereafter. 

A short last note, as the closing remark so to say: I am a great admirer of Maulana Maudoodi. I regard his Tafheem as a remarkable and outstanding contribution to the science of Tafseer. With his mastery over Urdu language, he has meticulously explained our Holy Book to us in simple and self-explicatory and yet beautiful style. However I cannot help protesting on his last comment on this ayah. I think (and I hope I am not being rude to the great scholar) it betrays an ignorance of the dynamics of interfaith marriages, at least in our times and displays a definite hint of ta’assub and asbiyat -- prejudice and bias -- against the Ehle Kitaab, who are  our compatriots as in  Malaysia, Nigeria, Pakistan etc. and especially if we have migrated to their country as in US, Canada and Europe. Maulana has commented thus: 

  “The warning that immediately follows the permission given to marry women from among the People of the Book is very significant. The Muslim who makes use of this permission has been warned to guard his faith and morality very cautiously against the influence of his unbelieving wife. There is a genuine danger that his deep love might tender him a prey to wrong creeds and acts of his unbelieving wife and he might lose both his Faith and morality, or he might adopt a wrong moral and social attitude which might be against the spirit of his faith”.  

Compare this with Dr. Mohammed Asad’s comment in the same context:

“The above passage rounds off, as it were, the opening sentences of this surah, ‘O you who have attained to faith, be true to your covenants’ - of which belief in God and the acceptance of His commandments are the foremost. It is immediately followed (in the next ayah 6) by a reference to prayer: for it is in prayer that man's dependence on God finds its most conscious and deliberate expression.”

.....and Allah knows best. 

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

ENDNOTES: 

1) As against this, the default rule for ibaadaat is exactly the opposite: all forms and styles of worship are bida’a (innovation) unless proposed in the Qur’aan or the practice and preachings of the Holy Prophet.

2) Surah Al-Maeda (5), Ayah 3

Forbidden to you (for food) are: dead meat, blood, the flesh of swine, and that on which hath been invoked the name of other than Allah; that which hath been killed by strangling, or by a violent blow, or by a headlong fall, or by being gored to death; that which hath been (partly) eaten by a wild animal; unless ye are able to slaughter it (in due form); that which is sacrificed on stone (altars); (forbidden) also is the division (of meat) by raffling with arrows: that is impiety. This day have those who reject faith given up all hope of your religion: yet fear them not but fear Me. This day have I perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion. But if any is forced by hunger, with no inclination to transgression, Allah is indeed Oft-forgiving, Most Merciful. (Yousuf Ali)

They ask thee what is lawful to them (as food). Say: lawful unto you are (all) things good and pure: and what ye have taught your trained hunting animals (to catch) in the manner directed to you by Allah: eat what they catch for you, but pronounce the name of Allah over it: and fear Allah; for Allah is swift in taking account. (Yusuf Ali)

3) Surah 6, Ayah 118 to 121

So eat of (meats) on which Allah's name hath been pronounced, if ye have faith in His signs.

Yusuf Ali

Why should ye not eat of (meats) on which Allah's name hath been pronounced, when He hath explained to you in detail what is forbidden to you - except under compulsion of necessity? But many do mislead (men) by their appetites unchecked by knowledge. Thy Lord knoweth best those who transgress.  Yusuf Ali

Eschew all sin, open or secret: those who earn sin will get due recompense for their "earnings."

Yusuf Ali

Eat not of (meats) on which Allah's name hath not been pronounced: That would be impiety. But the evil ones ever inspire their friends to contend with you if ye were to obey them, ye would indeed be Pagans. Yousuf Ali

Note: Surah 2, Ayah 173 has not been referred to but is quite relevant:

He hath only forbidden you dead meat, and blood, and the flesh of swine, and that on which any other name hath been invoked besides that of Allah. But if one is forced by necessity, without wilful disobedience, nor transgressing due limits,- then is he guiltless. For Allah is Oft-forgiving Most Merciful. Yusuf Ali

4) Yusuf al-Qaradawi (born 9 September 1926) is an Egyptian Islamic theologian. He is best known for his program, ash-Shariah wal-Hayat ("Shariah and Life"), broadcast on Al Jazeera, which has an estimated audience of 60 million worldwide. He is also well known for IslamOnline, a popular website he helped found in 1997 and for which he now serves as chief religious scholar. He has published more than 120 books, including The Lawful and the Prohibited in Islam. He has also received eight international prizes for his contributions to Islamic scholarship and is considered one of the most influential such scholars living today. Some of al-Qaradawi's views have been controversial in the West: he was refused an entry visa to the United Kingdom in 2008. As of 2004, al-Qaradawi was a trustee of the Oxford Centre for Islamic Studies.

5) I am referring to the very large group of Islamic Scholars who very aggressively pursue and propagate the principle of Taqleed, which could be labelled as “blind following”. They maintain that the Islamic Jurisprudence (Fiqh) has been defined, organized and totally completed as the Four Mazaahib by the end of fourth century A.H. Since then, according to this outlook there is no room for any independent and innovative approach to problems of Fiqh by later scholars. Ijtehaad i.e. thinking and reasoning -- very essential to solve the ever growing new and novel problems over the centuries -- is restricted only to qiyaas i.e. deductive analogy. Muslims are advised to blindly follow our brilliant ulemas of the tenth and eleventh century for the problems of the twenty-first century.  Allow me to mention an interesting example to illustrate the anomaly and oddity of this approach: namaz-e-kasr is valid if the journey exceeds three manzil; each manzil is the distance which an individual will cover when he starts traveling after the fajr prayers and continues till noon. How much distance will he cover before starting to shorten his prayers? About 45 miles as worked out by our fuqahaa.  Hence the popular fatwa for our century on the principle of Taqleed: pray kasr after a journey of 45 miles. It is immaterial for the traditional Muslim scholars that this will take a little more than an hour in a car and a few minutes in the plane. Difference of riding a camel in the desert under the hot sun for three days as against traveling in an air-conditioned car for an hour does not come in the equation at all because that needs thinking which is a forbidden fruit according to our traditional ule’maas.

6) Narrated 'Aisha (RA):  A group of people said to the Prophet (Sallaho Alaihe Wassallam), "Some people bring us meat and we do not know whether they have mentioned Allah's Name or not on slaughtering the animal." He said, "Mention Allah's Name on it and eat." [Bukhari] A dissenting note states: the application of meat slaughtered by new Muslims living on the outskirts of Madina to meat available in the western supermarkets where the religious affiliation of slaughterer is unknown is nothing but a fallacy!

7) Muhammad ibn Adam, Darul Iftaa, Leicester, UK.
8) Sheikh Abu 'Abd Allah Muhammad ibn Saalih ibn Muhammad ibn al-Uthaymeen at-Tamimi 1925 – 2001) was one of the most prominent Sunni Islamic scholars of the latter half of the twentieth century. Born in Saudi Arabia, he memorised the Qur'an at an early age and studied under well known scholars of the time including: Abd ar-Rahman as-Saa'di, Muhammad Ash-Shanqeeti, and 'Abd al-'Aziz ibn Baaz. During his many years of study, he became renowned for his knowledge in fiqh, eventually compiling over fifty books on the subject.

9) Sheikh Muhammed Salih Al-Munajjid, a known Islamic lecturer and author.

10)  al-Shaykh al-‘Allāmah, ‘Abd al-Rahmān b. Nāsir b. Barrāk b. Ibrāhīm al Barrāk. 

      Dept. of Theology and Contemporary Ideologies, College of Usūl al-Dīn, Riyadh, 

      Saudi Arabia

11) Tafheemul Quran, Maulana Maudoodi

   

Shari'ah Prescription for Muslims: Zikr coupled with Enquiry

Shari'ah Prescription for Muslims

Zikr coupled with Enquiry

  Read ONLY,  IF AND WHEN you have time and mood for: 

 “An Ayah for 30 Days” -- June 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.

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  generates a fruitful interactive discussion. 

Surah Al-e-Imran (3), Ayah 190:

Abul Ala Maududi

 "Surely in the creation of the heavens and the earth, and in the alternation of night and day, there are signs for men of understanding".

Abdullah Yusuf Ali

 "Behold! in the creation of the heavens and the earth, and the alternation of night and day, there are indeed Signs for men of understanding".

The next ayah (no. 191) is in fact a continuation of this ayah as it starts with “allazina” (who/those) referring to  “li-olee al-albab” -- men of understanding -- and goes on to define two major characteristics of these men of wisdom:-

Abul Ala Maududi

"Those who remember Allah while standing, sitting or (reclining) on their backs, and reflect in the creation of the heavens and the earth, (saying): 'Our Lord! You have not created this in vain. Glory to You! Save us, then, from the chastisement of the Fire".

Abdullah Yusuf Ali

"Men who celebrate the praises of God, standing, sitting, and lying down on their sides, and contemplate the (wonders of) creation in the heavens and the earth, (With the thought): "Our Lord! not for naught Hast Thou created (all) this! Glory to Thee! Give us salvation from the penalty of the Fire".

In these ayahs, we are asked to ponder in the secrets of our Universe; in its creation and its variations and diversity as these are the “ayahs” of Allah Ta’aala. This term in Quranic Arabic has several meanings: verse, revelations, miracle, sign and lesson; here it is used to mean evidence and proof. The universe is a proof of our Creator, specifically to the wise who use reason i.e. olee al-albab in the words of the Quran. Our Holy book then proceeds to define  two broad qualities  and qualifications of these men of understanding -- one spiritual and the other temporal:

First, constant awareness, worship and devotion to God Almighty at every moment, in all circumstances, day or night, private or public, individual or collective, family or social, economic or political. Second, to enquire, explore and deliberate within ourselves and without in the cosmos through  colleges and universities, laboratories and experimentation , seminar and discussions, research and investigations , electron microscope and the Hubble telescope --  gifts of Allah Ta’aala Subhanahoo, though the non-Muslims qualified to be the instrument (wasilaa) for them --  for the signs and proof of Bari Ta’aala and HIS magnificence and glory. Only the belief and eeman  based on proper thinking and wisdom is of worth and value  . Hadrat Hasan Basri said: An hour spent in thinking about the signs of Allah is better and far more useful than a whole night standing in worship (Ibn Kathir), Sayyidna Hasan Ibn Amir has said that he had heard from many Companions that deliberation is Light of Faith. Hadrat Wahb ibn Munabbih said: One who thinks a lot will understand reality, and who understands will arrive at sound knowledge, and who had sound knowledge is bound to act accordingly (Ibn Kathir).

In short, a Muslim needs piety and ibaadat to start with but must achieve mundane scholarship as well to truly comprehend the Message of Islam. It was this judicious combination of the holy and the material, the soul and the body, Faith and Reason that the Muslims were the torch bearer of civilization and the world super power for at least the first five centuries of their existence --  leading the world in science and technology, art and architecture, health and education, in war and peace. By contrast the present day Muslims, scholars included seem to ignore and devalue the the Quranic “olee al-albab”-- wise men who use reason. How else can we explain the practice of “deeni madaaris (religious schools) where 80% of the curriculum comprises a study of Fiqh and Hadith as and how it was taught in the fourth century A.H., our obsession with  mere ritual practices, the penchant for only verbal recitation of our Holy Book as if chanting a mantra, the predilection for  memorization and completion of quran literally from A to Z -- the faster the better as seen in Taravih prayers -- without any reference to its meaning  and lastly the gullible and blind following of the Hadith literature completely ignoring the principles and rules of Hadith “matn”   (substance) criticism laid down by our Hadith scholars like Jalaludding Al-Suyuti (1445-1505 CE).

.....and Allah knows best. 

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