Sunday, November 22, 2009

Freedom of Religion

The Qur'an says:
["Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects Taghut (evil) and believes in Allah hath grasped the most trust worthy hand-hold, that never breaks. And Allah heareth and knoweth all things. " (Qur'an 2:256)]

The above verse represents for me, the liberating essence of Islam.

Literalists, mainly but not only from the Hanbali school of thought, argue that the above verse was replaced and abrogated (naskh) by verses commanding the Muslim's to force others to submit to Islam.

Contextualist’s (those who apply the Qur’an according to context) argue that Islamic Commands to force non-Muslims to convert meant only to force those who were attacking Muslims or who were destroying innocent human life, only such tyrants as these were forced to convert to Islam. It was necessary to bring such into Islam, to “Compel them to Submit,” for STRICTLY self defense purposes OR to prevent them from tyrannizing, exploiting the Muslims.

In the case of the pagans, it was to protect the Pagan people’s own children from being killed by the pagans themselves.

For such contextualist’s, freedom of conscience can only be overridden when it is in the interests of human security. (Eg. Pagans could arguably be made to dishonor their Gods if their Gods demanded child sacrifices. )

However, if one is not a threat, or is not killing their children, contextualist’s would argue, it is against the liberating essence of Islam (as represented by the above verse) to force conversion.

Prophet Muhammad (SAW) extended rights to religious minorities (JEWS and Christians) in the Charter of Madinah, giving the non-Muslims the right of choosing a legal system they wished their affairs be governed by, be it Islamic or Jewish law or pre-Islamic Arab tribal traditions.

Under the Sharia law as determined by the four commonly acknowledged 'Sunni Madhab's' (schools of thought) non-Muslims must pay a tax called Jizya if they want to be protected by the Muslims.

Those who've analyzed the Qur'an, Sunnah and Islamic historical context have argued that Jizyah tax was only due because the non-Muslim generally did not participate in Jihad for defense of the Islamic State, and therefore were paying for services. In this light, if a Muslim state is not at war, a non-Muslim citizen should not have to pay Jizyah.

The ijma (consensus) of the traditional Madhab's is that an unrepentant apostate should receive the death penalty. There are different points of view on what exactly constitutes apostasy and how long the Muslim should be given to return to Islam, but this was the generally understood law in Muslim societies, a perpetually unrepentant apostate was to be killed.

Contextualists argue that the death penalty was only applied by Qur'an and by Sunnah for apostasy to save life because, the pagan religion was very inhumane in killing children and in its blood lust, and the non-Muslims were at war with the Muslims and therefore to join them or to leave Islam implied you were a soldier for the tyrants cause..

At the time, Christianity was the tool the Kings to the North used to control the masses and to colonize others. The Romans had for a long time wished to crush the Arabic freedoms and in fact, both the Persian King and the Roman Emperor’s had often exploited Arab’s by using Arabic foot soldiers to do their dirty work. Arabs killed Arabs fighting for the contested Glory of Rome and Persia. Part of Islam was sovereignty for the oppressed, be it Arabs or whoever it came to. So when islam came, the Kings ordered Arabic Christians to turn against the Muslims to protect the exploitative, dehumanizing Kingdom’s.

An apostate was a considered a murderous traitor, and most often was one who wanted to kill the Muslims. It was only in this context that a Muslim who converted to Christianity was to be killed. It is in the Qur’an however, that this oppression of religious freedom did not apply to certain Christians who were said to be very close to the Muslims.

Jews also sought to divide and conquer the Arabic tribes of Medinah through the dehumanizing use of the Riba system, charging Arabic tribes such huge interest on loans that the Arabs would end up destitute and would attack one another to pay off their debts. Arabs divided were no match for Jews united, but Arabs united could overcome the Jewish tyranny maintained by the Riba system. Part of Islam is the unity of the oppressed, solidarity (AZHABBIYA-Qubahlia or solidarity of the tribes) and to go from Islam to Judaism was a threat to the uprising of the oppressed which depended on Tawhid (Oneness).

Islam was a power for liberation, and to repress the religious freedom of one who is not a threat to Islamic sovereignty or to the Muslims is a grotesque violation of this beautiful power for the liberation of all.

It is against Islamic liberty to restrict freedom of worship for either foreigners or for non-Muslim Maldivians (though constitutionally there is no such thing as a non-Muslim Maldivian the reality is different.)

It is not obedience to the liberating essence of Islam to kill or repress the religious freedom of an apostate who is not a threat, and it is not true to the liberty promoting essence of Islam to repress the worship services of non-Maldivian’s.

For the sake of the integrity of the heart of Islam, I feel that we must resist the tyranny of religious oppression in the name of Islam.

Abdul-Rahman

Thursday, November 19, 2009

Liberty Time

How long can the all powerful primeval will to freedom of the Dhivehin be crushed by vengeful, blood thirsty Islamic extremists?

How long can the will of the common folk be destroyed by every one fighting for a piece of the people’s soul to the point the people have lost any will of their own!

Then there is the vanity, the frenzied lust of business men and politicians who wish to achieve ecstasy through the power trip derived from the ruthless and brutal dehumanization of the masses! Many wish simply to plunder the wealth of the poor folk and leave the nation desparate and destitute, vulnerable. How long can the common folk be left in helpless anguish, anxious, afraid, angry yet helpless to express it with any effect but imprisonment for themselves?

How long can the perpetually combusting force of repressed fury be contained before their is a volcanic explosion of massive rage so fierce that it tears the Maldives apart like no Tsunami ever could!

How much longer can we tolerate the pain in our raped asses before we break out and smash tyranny apart with a velocity of vengful retaliation so immense that everything blocking our will to freedom will be smashed into utter oblivion!

I am also Sick of the corrupt judiciary who have failed to protect the innocent and the poor!

Judges, you have failed to protect the people from the cruelty of blood thirsty gangsters. You have failed to protect the masses from being economically raped. Your own hands are therefore stained with the blood of the innocent due to your filthy greed and lack of compassion for the people’s safety. You will be held accountable for that blood, judiciary, you will taste the retaliation of the oppressed, the venom will sink deep into your soul like a flame that never dies, and that agony will keep you alive for eternity, hurting, burning, endless agony awaits you!

You have mocked the cause of the needy and the fearful, and have therefore offended the Creator of Heaven and Earth who is one with the oppressed!

The vendetta will be terryfying when the oppressed arise in majestic triumph over the tyrants!

The retribution of the oppressed is the wrath of the Divine!

Every day the atmosphere is intensifying with frustration, hunger for justice, hunger for freedom and desparation for safety.

That intesnity will reach boiling point, and Islamic extremism, terrorism, gangsterism, corruption and greed will be shattered forever!

Sunday, November 15, 2009

More on Jihad

It seems absolutely shallow; it seems the height of vanity and selfishness to preach about Islam as being about peace and love from the comfort of an air-conditioned home if we DO NOTHING to help the oppressed ourselves! Such is not loving, but is selfishness.

It is arrogance to the point of stupidity to condemn violent Jihad if we are not ourselves constructively taking part in ending the causes behind violent Jihad. The oppressed in Afghanistan, Palestine and other parts of the world have been so beaten down by suffering, tragic loss, violence and torture over the years that violence is the only Jihad many of them know, it is the only form of Jihad that is possible too know for some.

It is vein to speak of peace, forgiveness and love when we are not the ones whose children are being slain, when we are not the ones with nothing to live for except the hunger for a dignified death which drives the force of life. Perpetual grief, physical and emotional torment, loss of an unimaginable magnitude, love is gone, only hate can be there for some.

I am condemning my own Munnafiq (hypocritcal) self as I write, as I have many times done the same. I am making a resolve to act and not just write, but this writing is the first action.

For some of the oppressed in the parts of the world that had been torn apart by conflict of such magnitude, human dignity is more important than life or death itself. Death with dignity (as defined by Islamic struggle) is but entrance into paradise for those who are deeply prayerful. Life for so many is but a painful yearning for the bliss of Jannah, perpetual hunger for eternal paradise. Sadly, for the deeply oppressed, life in this Dunya (this world) is but a bitter weeping for what lies beyond the grave, being that hope for happiness in this world is continually shattered by the barbaric cruelty of the tyrants.

For many, only anger remains. The demand to die with dignity and self respect is the all consuming passion of so many. This implies a stand against injustice no matter what suffering, violence or destruction such a stand may involve.

Instead of condemning the sentiment toward violent Jihad and then doing nothing to help end it, we must seek to help end the sentiment for violent Jihad somehow. We must think of ways to help. After all, we speak of the Ummah as being one body, where every part feels the pain of another, do we not?

So, yes, I agree, we would be selfish not to help, not to intervene, but please, do you really think that adding to the violence by going there to fight with guns, which perpetuates a self re-enforcing cycle, is helping? I feel that under the circumstances, civil and non-violent resistance in these parts would be more effective in bringing about real change. Such would be less destructive for the oppressed and would do more to turn public opinion of all Iraqi's against the US tyranny.

Non-violent resistance is NOT passivity. It must be confrontational and public. It works in that it reveals the moral strength of the victim; it exposes the cruelty, the inhumanity of the tyrant and declares the evil of the oppressor loud and clear.

When an oppressed individual who is perceived as peaceful and loving is bullied publically by a tyrant, it makes the tyrant look like an evil, cowardly bully. This causes the public to lose any respect or fear of the cowardly tyrant. The tyrant would no longer be obeyed, and would lose the will to rule as it would not be empowering to do so.

Especially in these parts of the world where public opinion of most Americans sees the Jihadi’s as the tyrants, the pressure to crush the Jihadi’s is applied by the US public. What is these Jihadi’s, who are more than willing to sacrifice themselves, were perceived as peace loving, non-threatening victims who simply want their land back? What is the US saw them as that? More and more, the US public would turn against any Government which refused to withdraw from Iraq or other places.
Most Americans see Palestinians as being terrorists, and therefore, support the Jews to crush Palestine financially, morally, through weapon supply and ideologically. This is a tragic injustice.

What many do not realize is that there are huge groups of Palestinian freedom fighters who wish to take on the struggle, to sacrifice themselves through non-violent resistance. Such are labeled as traitors and cowards by the Mujahidin, by the suicide bombers who then go forth, blow themselves up and cause suffering for their people by provoking retaliatory Israeli strikes.

I feel that the non-violent resisters in Palestine have greater potential to end the Israeli and US support for tyranny and to ease the amount of oppression than what the violent resisters have.

To participate in non-violent struggle, with and for the oppressed, that to me would be a Jihad worth doing, a sacrifice and an offering of suffering which has value...It is better than arrogantly denouncing Jihad from our ivory towers and doing nothing, and it is better than bringing about more suffering through violence.

Tuesday, November 10, 2009

The real meaning of Jihad

These here are only my thoughts and opinions on a given day, they are not absolute truth and I may even change my mind about what I think after you guys, the readers, have commented. I am not blogging to teach, I am blogging to learn and share thoughts. For me to be strait jacketed into what I last said would be to hinder my freedom of thought, and I would love to promote freedom if and where possible! Here are my thoughts on Jihad...they may be wrong...but...

Jihad is striving for justice, and war committed in the name of Jihad must fit the criteria of a 'Just War." To resort to violence in the path of Jihad when other means are available to promote Adl (Justice) and Rahman (mercy), the originally intended purposes behind the noble concept of Jihad, is a grotesque abuse of the intention and spirit of Jihad. (Note: I am not saying it is wrong to resort to violence when necessary for protection - but the way of Islam is to seek to prevent oppression through dialogue before resorting to violence.) The unnecessary violence and suffering perpetrated in the name of Jihad is un-Islamic, a vile exploitation and degradation of the grand Islamic quest for the restoration of the dignity of oppressed humanity. If fighting is demanded to protect, then you would not be a true, merciful Muslim not to fight. Cowardice and refusal to fight in such circumstances is a very grave sin in Islam., The Holy Prophet (SAW) prayed that we would take refuge in Allah to protect us from the heinous sin of cowardice.


But only when violence is necessary can it be called a legitimate Jihad.

Jihad is derived from the Arabic jhd, which implies the meaning 'to strive from the depth of one’s utmost being, to exert oneself with all ones might.' When the Qur’an mentions Jihad, it is preceded by 'fisabilAllahf (in the path of Allah SWT). The ‘struggle’ often did take the form of physical warfare in the time of the Prophet (SAW), but its purpose and meaning were far deeper than the actual act of war. Jihad was a sacred path of struggle, whole hearted devotion to the quest for the realization of the Rahmat’Allah, the Mercy of Allah for all humanity. Bukhari and Muslim states that our Nabi’ (SAW) said that dying of plague was also a form of Shahada (in this context – martyrdom). Jihad was here so eloquently expressed as a struggle within one’s own self. Later on we hear that ‘the greatest Jihad is Jihad Al Naffs (Jihad against one’s own selfish desires). Classical scholars argue that the hadith of ‘Jihad Al Naffs is the greatest struggle’ lacks reliable isnad (chain of narration) but that does not change the fact that the idea is expressed eloquently in many Sunnah which are Sahih (reliable). For example, we read many times in Bukhari and Muslim that a person who can control his own anger is the best wrestler, not the one who can beat his opponent down.

Al-Qital is the Arabic word in the Qur’an for warfare, and it was a tragedy that Al-Qital became the way Jihad was expressed only due to the violent nature of the tribal society. In the Jahilya (time of ignorance or darkness) many children were being killed because they were considered burdens; you had to kill to prevent your own women and children and other women and children from being killed; to refuse to fight was to put your entire family or loved one’s to death, people were being tortured for being Muslim, or for many reasons. Sirah (Islamic history) reveals that the Prophet (SAW) did everything in his power to change people’s violence and brutality without using violence. He himself was bullied and tortured expressing compassion and acting as a shield for others, his path was one of non-violent self sacrifice for the wellbeing of others. Violence was strictly a last resort when all other means had been thoroughly exhausted to prevent death and torture of the masses at the hands of the tyrannical few.

The self defence aspect of warfare is expressed here in the Qur’an.

Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgressors. And slay them wherever ye catch them, and turn them out from where they have turned you out; for tumult and oppression are worse than slaughter; but fight them not at the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them. Such is the reward of those who suppress faith. But if they cease, Allah is Oft-forgiving, Most Merciful. (2:190-192)

The merciful aspect of fighting in the Qur’an is best expressed by Surah 4: 75,
“Why should you not fight for those men, women and children who cry ‘Our Lord rescue us from this town whose people are oppressors, send us one who will protect!”

In depth study by scholars reveals that even the so called aggressive verses which do not appear to be fighting in self defense were against war mongerers who would not relent, those who would not stop oppression and murder, and threats. As the Ummah rose up against the exploitative, degrading, dehumanizing economic power base of Pagans, Jews and Christians, it came to be that to be a Christian or a Jew or a Pagan meant you were charged with a duty to kill Muslims.

Jihad was a sacred path, how it was used, exploited and abused after the time of the Rasul – Sallalahu Alahi wa Salaam, is a different issue, but the point is, Jihad was not about fighting physically though it was expressed as such due to context.

Even the emphasis on Jihad being physical warfare by Sheik-ul-Islam Ibn Tamiyya years later has to be seen in the light of the extent of Mongolian brutality towards the Muslims.

Indeed, Jihad is a duty all Muslims must fulfill; Jihad is the essence of true Islamic dignity. But to use violence to struggle for a dignified humanity when other means are available is an abuse of Jihad. It is never a good thing when something Allah created suffers.


It is deeply tragic that many of the oppressed in Afghanistan, Palestine and other parts of the world have been so beaten down by suffering, tragic loss, violence and torture over the years that violence is the only Jihad they know. With the oppressed, we must all strive to have have some sense of Azhabbiya (solidarity), to share their pain as much as we can in our hearts and to do what we can practically to help end their suffering, and the suffering of all. I make Du'ah that there would be healing, and that there would be paths created so that justice could be achieved without violence. The most tragic aspect of the violence is that it defeats its own purpose in these parts of the world. The more violence is perpetrated against the oppressor's, the more tyrannical the oppressor's in these parts of the world behave towards not only the violent, but towards the innocent children living where the violent are living.

It is also Jihad to fight drug addiction, to fight your own lusts and to work to become a better person. That is a Jihad all Muslims could embrace.

I hereby call on every Muslim voice in the world to condemn the violence done in the name of Jihad and to do everything one can to prevent this immense tragedy and humanitarian travesty!.

Saturday, November 7, 2009

Islam demands an upgraded Legal Sysyem

As I had said on another post, all of these posts are only my thoughts and opinions on a given day, they are not absolute truth and I may even change my mind about what I think after you guys, the readers, have commented. I am not blogging to teach, I am blogging to learn and share thoughts. For me to be strait jacketed into what I last said would be to hinder my freedom of thought, and I would love to promote freedom if and where possible!

The Legal system in the Muslim world must be completely overhauled and modernized if it is to be true to the Qur'anic command to seek objectivity in the pursuit of justice.

This here is my case for this claim.

The Qur'an demands absolute objectivity.

"O ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do." [An-Nisa 4:35]

The Qur'an also commands us to use science and reason to ascertain truth.

[Lo! In the creation of the heavens and the earth and (in) the difference of night and day are tokens (of His sovereignty) for men of understanding] (Aal `Imran 3:190).

[Have they not observed all thing that Allah hath created] (An-Nahl 16:48). (This is the basic philosophy behind science.)

[Will they not regard the camels, how they are created?] (Al-Ghashiyah 88:17).

[Have ye then no sense?] (Ya-Sin 36:68).

The Qur'anic Command to pursue objective justice and to use science to do so is being betrayed by much of the Muslim world in the name of Islam.

To fail to be scrutinizing using science in any court case is a grotesque violation of the Qur'ans Amr (command). Shariah Law as we know it is a shocking betrayal of the Qur'an's command for Adhaalath (social justice and equity for all).

For example, if a man denies that he is the Father of a child, it is not good enough that he be let free from being resposible for that child whilst the woman is whipped for zina. This cruel injustice is happening too much in the name of Islam all over the world. In the name of Islam, this injustice and others, perpetrated by the so called Shariah Law MUST be resisted immediately if we are to obey the Qur'an's command to use science and reason and do justice objectively.

Those in the time of Prophet Mohammed (SAW) were as scrutinizing in judgement as what they could possibly be given their technology and understanding. The ideas behind the four male wittnesses was an attempt to present as much evidence as possible. The principle that was being applied was, do the uttmost best to gather as much evidence as possible. With science and new understanding's, to stick to just depending on four male wittnesses because it is what was practiced then is being true to the letter of the law, but it is a betrayal of the intention of the law. In our example of a pregnancy, a DNA test must be ordered, science and reason must be used to determine the truth and enforce that man to take responsibility should he be the Father.

What if your children were put to death for a crime that was made up – false? False charges occur very frequently.

What if the drug dealers and corrupt ones who control court rooms in much of the world killed your Son or daughter on charges of “terror” or manufactured charges of murder, Zina or anything – but all your children really did was try to prevent the drug dealers from harming the ppl – and were killed for that based on some false charges made up that they committed zina?

As the Ummah is as one body, and one feels the pain of every other– I cannot but help fend for the potential victims of injustice under a system which does see the rich and powerful use the legal system to exterminate their enemies unjustly.

Think about all those who stood up against tyrants in world history, imagine if they had of been killed by the State in the Name of Islam even though they were fighting for True Islam which is Peace and Justice. Real peace cannot exist in the absence of justice-. How many crimes were manufactured against the activists of history?

It seems that in the system we have, to be a person of love, which implies standing up for the downtrodden, sick and oppressed, is to sacrifice yourself. Truth and love suffer in this unjust world, but that suffering must be embraced for others if one is to be true to the Islamic command to be 'a shield for others' (Sahih Bukhari and Muslim.)

To suffer for truth, for love, is hard, but it is the only path one can take if they are to fill the existential aching for Allah placed in the heart of every human.

Please consider Islam properly and deeply, obey the Word of Allah – .

In the the current system… The real criminals walk away from the courts – in fact control the courts, and that does not look like it can be changed! So, the killers and the drug dealers will be killing the innocent and oppressed in the name of implementing Islamic Law, does that sound like Islam to you? That is serious Fitnah (dissension) from Islam…

The Hukm (Law) is deeply sacred, it is a massive Amanah (trust) which must never be taken lightly or under estimated. Allah is Al Quddus, the Holy, and every injustice is made right in the Qiyamat. Read the Hadith about what is in store in Jahannum for Muslim leader’s who missapply the Shariah Law for political ends or for the wrong Niyat. A Judge is to be held accountable for his motives, it is a massive Zalim (darkness - injustice) to missapply the Hudud.

I do advise anyone wishing to implement the Law to be aware not to play politics with the Sacred Law.

On many occasions, the Prophet (SAW) did not implement the death penalty (Rajm) for certain Hadd level crimes although others frantically pushed for it to be implemented. This was because, absolute objectivity could not always be guarenteed in the decision-making procedure.

For example, in the Hadiths of Bukhari and Muslim, as narrated through Sahih Isnad (a reliable chain of narration) we read about some Muslims killing other Muslims because they were 'not Muslim...' They said Shahada only at the edge of the sword, it was claimed. In response to the claim that their Shahada was not genuine, the Prophet (SAW) said, "Did you cut their hearts open to see the Niyat (the quality of intention) of their hearts?'

The point being, if there is any chance that there could be a mistake, then only Allah (SWT) can judge in the Qiyamath, the judgement which is in the Akhira - the after life. Unless absolute objectivity can be guarenteed, the Prophet did not implement or advise Hadd.

On other occasions, according to Sahih Isnad in Bukhari and Muslim, it was obvious that a child was not the child of the father who thought they were the father. For Malsahah (social utlity) the Prophet (SAW) said, the child belongs to whose bed on which it was born. It was not beneficial to prescribe Hadd though it was technically due. The Merciful essence of Islam and the Islamic intent of social harmony, social justice, would be betrayed by Hadd in such circumstances although Hadd was techically due.

Application of Shariah always gives the benefit of the doubt, very rarely was Hadd applied by the earliest Muslims and Madhab, it was Sunnah to give the benefit of the doubt.

A Qadi must be a qualified Mujtahid and must investigate the issue extensively before making a decision. Notice the word Mujtahid, notice how this word for study and decision making about the Law requires Jihad – striving or struggle - as is contained in the word. If a Judge exhausts all avenues of possible doubt, only then will he be rewarded for decision making, and those doubts include ones own heart’s doubts!

The spirit of Islam demands the thorough exhaustion of all avenues of doubt and the best use of science possible in the legal decision making procedure.

This Qur'anic insistence on reason, science and justice commands an upgraded legal system in Muslim countries. Be true to Islam, fight for a thourough, objective legal system and a properly trained, objective judiciary in the Muslim world should you claim to be one who obeys the Qur'an!

Friday, November 6, 2009

A Foundation for Liberal Islam

Introduction

This blog post offers a different understanding of Islam to the Islam which is being presented by the literalists who are gaining ascendancy in much of the Muslim world today. Presented is a rational and contextual approach. It is my understanding of Islam and only an opinion, I would not say it is the truth or the correct understanding or anything as arrogant as that. I do not intend to tell people what to think or what to believe, no way! Such would be contrary to the original spirit of liberty as expressed through the first Arabic wave of the Islamic religion. An oppressed and divided people were liberated and made sovereign by the explosion of freedom from tyranny which Islam was, and is still meant to be! Freedom from economic exploitation, freedom from indignity and oppression at the hands of cruel tribal leaders and racist tribes! Islam was a force for freedom, and I hope oneday it can be a force for freedom again. Being faithful to that spirit of freedom, I intend to inspire people with the courage to think for themselves, not to oppress them by telling them what to think. I also intend to help prevent the human right's abuses which are being justified in the name of Islam.

To begin, I pose the question about the application of Islamic Law. How must we understand and apply the Hukm, the sacred law, this deep (amanah) trust which must be delivered with the purest Niyat of the heart (most unselfish motive).?

Reason, Context and Circumstance in Applying the Hadd

Before I answer the question of how to apply the Hukm, please consider this necessary background information.

Prophet Mohammed (SAW) came as a Mercy to the worlds.

Mercy has a social element to it (a mercy to the ‘worlds) as well as an individual element. Early Islamic Jurists spoke about Maslahah (utility), the Islamic version of Bentham’s utilitarianism, or doing what is best for the largest number of people possible.

In accordance with Surah Haj (22: 78) the Prophet did not come to cause social hardship or what is difficult for people to accept.

Qur’an 22: 78. And strive in His cause as ye ought to strive, He has chosen you, and has imposed no difficulties on you in religion; it is the cult of your father Abraham. It is He Who has named you Muslims, both before and in this (Revelation); that the Messenger may be a witness for you, and ye be witnesses for mankind! So establish regular Prayer, give regular Charity, and hold fast to Allah. He is your Protector--the Best to protect and the Best to help!

One with a Zahiri (literalist approach) would argue that Maslahah should only be used when there is no direct Akhm (law) laid down by the Qur’an, the Sunnah or Qiyas Jali (obvious analogy) derived from the Qur’an and Sunnah. However, the early Muslims were not Zahirite (literalists).

According to Sahih Ahadith (authentic Hadith) Umar Bin Khattab suspended "hadd" penalty (penalty prescribed by the Quran and Sunnah) of amputation of hand during famine, this is an example of Istihsan, juristic preference which is based on Ray (personal reason derived from the principles behind Islamic Hukm (law) rather than there literal application.. Here the literal law of Islam was suspended as an exceptional measure in an exceptional situation. The (Sahabi) and successors (Tabiun) were not merely literalist. On the contrary, their rulings were often based on their understanding of the spirit and purpose of Shariah.

The Qur’an itself emphasizes that context and circumstance must be taken into account in practicing the ways prescribed by the Qur'an and Sunnah.

Surah 5: Maida: Ayat 6
6. O ye who believe! when ye prepare for prayer, wash your faces, and your hands (and arms) to the elbows; Rub your heads (with water); and (wash) your feet to the ankles. If ye are in a state of ceremonial impurity, bathe your whole body. But if ye are ill, or on a journey, or one of you cometh from offices of nature, or ye have been in contact with women, and ye find no water, then take for yourselves clean sand or earth, and rub therewith your faces and hands, God doth not wish to place you in a difficulty, but to make you clean, and to complete his favour to you, that ye may be grateful.

The Qur'an also makes these important appeals to the spirit of science and reason.

[Lo! In the creation of the heavens and the earth and (in) the difference of night and day are tokens (of His sovereignty) for men of understanding] (Aal `Imran 3:190).

[Have they not observed all thing that Allah hath created] (An-Nahl 16:48).

[Will they not regard the camels, how they are created?] (Al-Ghashiyah 88:17).

[Have ye then no sense?] (Ya-Sin 36:68).

[And such are the parables We set forth for mankind, but only those understand them who have knowledge] (Al-`Ankabut 29:43).

The above verses from the Qur’an stipulate that our faculty of reason, as informed by both apriori knowledge (which is intuitive) and aposteriori knowledge (which is acquired through experience and observation as implied by the texts ie. Science) is capable of ascertaining truth.

If something does not conform to science and reason, we must reject it. If science and reason do not reveal that a certain application of the law will not be in the best interests of all as well as the individual, it should not be implemented.

Mindless imitation (taqlid) or blind obedience which is being demanded by Muslim scholars today, is disobedience to the Qur'anic command to use one's own reason and science in formulating opinions and beliefs. Following without questioning, believing without scrutinising, anything which amounts to unquestioning subservience is a failure to apply the Qur'anic command to apply logic.

According to literalist beliefs, the Qur’an, as we have it in its external (zahir) literal form is eternal, is unwritten, has always existed as the Kalam Allah (Word of Allah) and therefore, it must be taken literally and applied as is.

Reason, however, refutes the Zahirite position.

The Qur’an says that some verses replaced (abrogated or in Arabic Naskh) others. How could the new verses which replaced the abandoned verses have existed as they were since eternity, if they had just come into existence to replace an old verse in the Prophet’s (SAW) time? How could two verses which contradict each other (the call to refrain from Al-Qital (fight) verses the call to fight for example) both have existed since eternity?

Logic informs us that the Qur’an as we have it, is a subjective expression, interpretation and application of objective truth, and that objective truth which is the eternal Qur'an is not available to us.

Also, it must be pointed out that application of the Hukm, the Hadd, must be in tune with the Mercy of Allah. According to the Tafsir (Commentary) of Ibn Khattab, Al – Fatiha, the ‘Opening’ called Umm Al-Kitab or the Mother of the Book, is the pivotal text around which the entire Qur’an must be implemented. Al-Fatiha reiterates the Mercy and Grace of Allah, it emphasizes these the supreme attributes twice. The words Rahman and Rahim are incredibly deep for one who understands Arabic from within, as the etymological route of these words means a Mother’s Womb.

Therefore, having considered these points, to answer the question I proclaim that it is apparent to logic that the verses of Hadd, the Hukm must be applied according to context and must be understood through reason and science to be the best way to deal with a situation based on what is known to be best for the community and promotes mercy for all.

All these points demonstrate that to cruelly apply the Hadd when other means are available to implement the purpose behind the Hadd rulings in the Qur’an is to abuse the merciful spirit of the Qur’an.

For example, on whipping as prescribed for zina (fornication) the reason behind whipping, in being true to the intention to be merciful towards society, would have been to act as a deterrent to save families from the grief of splitting up. Whipping would only have been carried out in extreme circumstances where a persons adulterous behaviour was extremely damaging to their own family and others. If other detterents were available, such as advanced marriage counselling like we have now, it would not be true to the Islamic intention of social and individual mercy to whip that woman. It would be cruel, and harm both the fornicator and their family more than it would heal the society if that fornicator could get help elsewhere. Whipping was the only practice the tribal people knew would work as a detterent because other detterents were not available at the time.

So from revelation (wahi, ie. the Qur'an)as filtered through reason, science and intuition we derive the principles and intention of Islam, and then apply a ruling which most mercifully fulfills these intentions of social and personal wellbeing for all.

The zahirite position of applying the hadd, the hukm as is prescribed literally from the page of the Qur'an is a violation of the spirit and intention of the Islamic religion.

Laws derived from the Hadith are to be understood and applied in the same way, as I will here touch on.

The Soul of the Hadith verses there literal application

Logic and reason also refute the position of the authenticity and reliability of many the Hadith’s. Historical evidence demonstrates the unreliability of Abu Hureira, for example. Some Ahadith are rightfully rejected by reason. This is best demonstrated by a Maldivian guy called Ahmed, please read his letter to Ibn Khattab on
http://www.hilath.com/?p=1107.

He expertly refutes the reasonableness and the reliability of some of the Ahadith. Thankyou, Mr. Ahmed, Kind Sir.

Despite these faults in the Hadith, we still sense a spirit of the uprising, unification, empowering of a tribal people in the Hadith, that is why I still love the Hadith. This is the spirit, the essence of Islam which makes me remain a Muslim despite my not accepting the texts out of context.

The Spirit of Islam

For those who are sincere in their quest to experience the Noumena (the other) this so called ‘liberal Islam’ creates a whole new world of beautiful spiritual treasure.

Islamic concepts, such as Jihad (derived from Jahada or struggle), the recitation of the 99 names of Allah, Justice can be personalized and understood in creative ways, like ‘Jihad against drug addiction’ for example. The beauty of the Arabic language, with all its splendor and power to elevate the soul can be experienced in its richest measure once we can focus on its spirit and feel it as well as seek to understand the meaning of it. The Arabic of the Qur’an is very much a language of the heart as well as of the mind and cannot be fully experienced unless understood deeply both in the mind AND in the heart. We MUST seek to understand it as best as we can with our mind, of course, but to experience Arabic, fully, we must feel it in our hearts also.

Once we are free from being bogged down by the constraints of fundamentalism, we can forget irrelevant, trivial details like debating how long to grow our beards or wear our pants, and we can concentrate on applying and experiencing the essence or spirit of the Shariah, Justice, Mercy, Freedom.

The heart of Islam is the dignity of Creation as the product not of chance, but of powerful and merciful purpose.

Rescuing the Islamic Religion from the constraints of literalism allows one to experience a deeper, more authentic experience of religion. It allows us to be true to the majestic spirit and the merciful essence of the Islamic Faith. This Islam is much truer to the beautiful, freedom loving, mystical culture of Asia and is truer to the heart of all humanity.

Liberal Islam is a religion of the heart and of reason, not of text and rote learning.

My heartfelt experience of Islam is the Power of the Rahman and the Rahim (the mercy and Grace) which streams from he who is Al Qadr...the Power ie... Allah (SWT), and it is this power which elevates my sense of humanity. The Islam that I feel shreds my heart with painful mercy for the oppressed; it causes me to tremble with indignation when I see any exploitation or abuse of power.

The Qur’an Surah 4: 75, “And Why should you not fight for those men, women and children whose cry is our Lord, rescue us from this town whose people are oppressor’s and send us one who will protect! “

For me, this Jihad from the above verse is a struggle for human rights, social justice, and mercy. To use Jihad to justify violence in our day and age is an abuse of this beautiful, sacred duty to strive for the wellbeing of humanity.

As I said, the Hadith are subjective expressions of objective truth. As we are all on a journey towards Jannah, only those who have arrived can express the truth in its pure form. As we have not arrived, our best expression of our experience of Faith will be contaminated by our incompleteness, by our cultural faults and failures and personal short comings.

Anything in the Hadith’s which is against the dignity of humanity, such as Child Sex Slaves (Jaariya’s), or slavery, or the belittling of Women, I reject as the mistake of the tribal culture. Such is not true to the essence of Islam.

Reason and science informs that it destroys a woman under the age of 18 to take her sexually, she is not emotionally mature. In being true to the spirit of Islam which is battle for the dignity of oppressed humanity, as informed by reason and science, I hereby declare that refusing to fight for the rights of a jaariya, or refusing to fight so that a jaariya situation cannot occur again, is a violation and betrayal of Islam.

Beware of the prayer of the oppressed, there is no barrier between the oppressed and Allah!” …Hadith of Prophet (SAW) Bukhari and Muslim

Abdul-Rahman