CONCLUSION

The first part of this paper deals briefly with the position of various religions and cultures on the issue under investigation. Part of this exposition extends to cover the general trend as late as the nineteenth century, nearly 1300 years after the Qur'an set forth the Islamic teachings.

In the second part of the paper, the status of women in Islam is briefly discussed. Emphasis in this part is placed on the original and authentic sources of Islam. This represents the standard according to which degree of adherence of Muslims can be judged. It is also a fact that during the downward cycle of Islamic Civilization, such teachings were not strictly adhered to by many people who profess to be Muslims.

Such deviations were unfairly exaggerated by some writers, and the worst of this, were superficially taken to represent the teachings of "Islam" to the Western reader without taking the trouble to make any original and unbiased study of the authentic sources of these teachings.

Even with such deviations three facts are worth mentioning:

1. The history of Muslims is rich with women of great achievements in all walks of life from as early as the seventh century (B.C.)

2. It is impossible for anyone to justify any mistreatment of woman by any decree of rule embodied in the Islamic Law, nor could anyone dare to cancel, reduce, or distort the clear-cut legal rights of women given in Islamic Law.

3. Throughout history, the reputation, chastity and maternal role of Muslim women were objects of admiration by impartial observers.

It is also worthwhile to state that the status which women reached during the present era was not achieved due to the kindness of men or due to natural progress. It was rather achieved through a long struggle and sacrifice on woman's part and only when society needed her contribution and work, more especial!; during the two world wars, and due to the escalation of technological change.

In the case of Islam such compassionate and dignified status was decreed, not because it reflects the environment of the seventh century, nor under the threat or pressure of women and their organizations, but rather because of its intrinsic truthfulness.

If this indicates anything, it would demonstrate the divine origin of the Qur'an and the truthfulness of the message of Islam, which, unlike human philosophies and ideologies, was far from proceeding from its human environment, a message which established such humane principles as neither grew obsolete during the course of time and after these many centuries, nor can become obsolete in the future. After all, this is the message of the All-Wise and all-knowing God whose wisdom and knowledge are far beyond the ultimate in human thought and progress.

The Political Aspect

Any fair investigation of the teachings of Islam o~ into the history of the Islamic civilization will surely find a clear evidence of woman's equality with man in what we call today "political rights".

This includes the right of election as well as the nomination to political offices. It also includes woman's right to participate in public affairs. Both in the Qur'an and in Islamic history we find examples of women who participated in serious discussions and argued even with the Prophet (P) himself, (see Qur'an 58: 14 and 60: 10-12).

During the Caliphate of Omar Ibn al-Khattab, a woman argued with him in the mosque, proved her point, and caused him to declare in the presence of people: "A woman is right and Omar is wrong."

Although not mentioned in the Qur'an, one Hadeeth of the Prophet is interpreted to make woman ineligible for the position of head of state. The Hadeeth referred to is roughly translated: "A people will not prosper if they let a woman be their leader." This limitation, however, has nothing to do with the dignity of woman or with her rights. It is rather, related to the natural differences in the biological and psychological make-up of men and women.

According to Islam, the head of the state is no mere figurehead. He leads people in the prayers, especially on Fridays and festivities; he is continuously engaged in the process of decision-making pertaining to the security and well-being of his people. This demanding position, or any similar one, such as the Commander of the Army, is generally inconsistent with the physiological and psychological make-up of woman in general. It is a medical fact that during their monthly periods and during their pregnancies, women undergo various physiological and psychological changes. Such changes may occur during an emergency situation, thus affecting her decision, without considering the excessive strain which is produced. Moreover, some decisions require a maximum of rationality and a minimum of emotionality - a requirement which does not coincide with the instinctive nature of women.

Even in modern times, and in the most developed countries, it is rare to find a woman in the position of a head of state acting as more than a figurehead, a woman commander of the armed services, or even a proportionate number of women representatives in parliaments, or similar bodies. One can not possibly ascribe this to backwardness of various nations or to any constitutional limitation on woman's right to be in such a position as a head of state or as a member of the parliament. It is more logical to explain the present situation in terms of the natural and indisputable differences between man and woman, a difference which does not imply any "supremacy" of one over the other. The difference implies rather the "complementary" roles of both the sexes in life.

The Social Aspect

a) As a child and an adolescent

Despite the social acceptance of female infanticide among some Arabian tribes, the Qur'an forbade this custom, and considered it a crime like any other murder.

"And when the female (infant) buried alive - is questioned, for what crime she was killed." (Qur'an 81:8-9).

Criticizing the attitudes of such parents who reject their female children, the Qur'an states:

When news is brought to one of them, of (the Birth of) a female (child), his face darkens and he is filled with inward grief! With shame does he hide himself from his people because of the bad news he has had! Shall he retain her on (sufferance) and contempt, or bury her in the dust? Ah! What an evil (choice) they decide on? (Qur'an 16: 58-59).

Far from saving the girl's life so that she may later suffer injustice and inequality, Islam requires kind and just treatment for her. Among the sayings of Prophet Muhammad (P.) in this regard are the following:

Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favor his son over her, God will enter him into Paradise. (Ibn Hanbal, No. 1957).

Whosoever supports two daughters till they mature, he and I will come in the day of judgment as this (and he pointed with his two fingers held together).

A similar Hadeeth deals in like manner with one who supports two sisters. (Ibn-Hanbal, No. 2104).

The right of females to seek knowledge is not different from that of males. Prophet Muhammad (P.) said:

"Seeking knowledge is mandatory for every Muslim". (AlBayhaqi). Muslim as used here including both males and females.

b) As a wife:

The Qur'an clearly indicates that marriage is sharing between the two halves of the society, and that its objectives, beside perpetuating human life, are emotional well-being and spiritual harmony. Its bases are love and mercy.

Among the most impressive verses in the Qur'an about marriage is the following.

"And among His signs is this: That He created mates for you from yourselves that you may find rest, peace of mind in them, and He ordained between you love and mercy. Lo, herein indeed are signs for people who reflect." (Qur'an 30:2 1).

According to Islamic Law, women cannot be forced to marry anyone without their consent.

Ibn Abbas reported that a girl came to the Messenger of God, Muhammad (P.), and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice . . . (between accepting the marriage or invalidating it). (Ibn Hanbal No. 2469). In another version, the girl said: "Actually I accept this marriage but I wanted to let women know that parents have no right (to force a husband on them)" (Ibn Maja, No. 1873).

Besides all other provisions for her protection at the time of marriage, it was specifically decreed that woman has the full right to her Mahr, a marriage gift, which is presented to her by her husband and is included in the nuptial contract, and that such ownership does not transfer to her father or husband. The concept of Mahr in Islam is neither an actual or symbolic price for the woman, as was the case in certain cultures, but rather it is a gift symbolizing love and affection.

The rules for married life in Islam are clear and in harmony with upright human nature. In consideration of the physiological and psychological make-up of man and woman, both have equal rights and claims on one another, except for one responsibility, that of leadership. This is a matter which is natural in any collective life and which is consistent with the nature of man.

The Qur'an thus states:

"And they (women) have rights similar to those (of men) over them, and men are a degree above them." (Qur'an 2:228).

Such degree is Quiwama (maintenance and protection). This refers to that natural difference between the sexes which entitles the weaker sex to protection. It implies no superiority or advantage before the law. Yet, man's role of leadership in relation to his family does not mean the husband's dictatorship over his wife. Islam emphasizes the importance of taking counsel and mutual agreement in family decisions. The Qur'an gives us an example:

"...If they (husband wife) desire to wean the child by mutual consent and (after) consultation, there is no blame on them..." (Qur'an 2: 233).

Over and above her basic rights as a wife comes the right which is emphasized by the Qur'an and is strongly recommended by the Prophet (P); kind treatment and companionship.

The Qur'an states:

"...But consort with them in kindness, for if you hate them it may happen that you hate a thing wherein God has placed much good." (Qur'an 4: l9).

Prophet Muhammad. (P) said:

The best of you is the best to his family and I am the best among you to my family.

The most perfect believers are the best in conduct and best of you are those who are best to their wives. (Ibn-Hanbal, No. 7396)

Behold, many women came to Muhammad's wives complaining against their husbands (because they beat them) - - those (husbands) are not the best of you.

As the woman's right to decide about her marriage is recognized, so also her right to seek an end for an unsuccessful marriage is recognized. To provide for the stability of the family, however, and in order to protect it from hasty decisions under temporary emotional stress, certain steps and waiting periods should be observed by men and women seeking divorce. Considering the relatively more emotional nature of women, a good reason for asking for divorce should be brought before the judge. Like the man, however, the woman can divorce her husband with out resorting to the court, if the nuptial contract allows that.

More specifically, some aspects of Islamic Law concerning marriage and divorce are interesting and are worthy of separate treatment.

When the continuation of the marriage relationship is impossible for any reason, men are still taught to seek a gracious end for it.

The Qur'an states about such cases:

When you divorce women, and they reach their prescribed term, then retain them in kindness and retain them not for injury so that you transgress (the limits). (Qur'an 2:231). (See also Qur'an 2:229 and 33:49).

c) As a mother:

Islam considered kindness to parents next to the worship of God.

"And we have enjoined upon man (to be good) to his parents: His mother bears him in weakness upon weakness..." (Qur'an 31:14) (See also Qur'an 46:15, 29:8).

Moreover, the Qur'an has a special recommendation for the good treatment of mothers:

"Your Lord has decreed that you worship none save Him, and that you be kind to your parents. . ." (Qur'an 17:23).

A man came to Prophet Muhammad (P) asking:

O Messenger of God, who among the people is the most worthy of my good company? The Prophet (P) said, Your mother. The man said then who else: The Prophet (P) said, Your mother. The man asked, Then who else? Only then did the Prophet (P) say, Your father. (Al-Bukhari and Muslim).

A famous saying of The Prophet is "Paradise is at the feet of mothers." (In Al'Nisa'I, Ibn Majah, Ahmad).

"It is the generous (in character) who is good to women, and it is the wicked who insults them."

3. The Economic Aspect

Islam decreed a right of which woman was deprived both before Islam and after it (even as late as this century), the right of independent ownership. According to Islamic Law, woman's right to her money, real estate, or other properties is fully acknowledged. This right undergoes no change whether she is single or married. She retains her full rights to buy, sell, mortgage or lease any or all her properties. It is nowhere suggested in the Law that a woman is a minor simply because she is a female. It is also noteworthy that such right applies to her properties before marriage as well as to whatever she acquires thereafter.

With regard to the woman's right to seek employment it should be stated first that Islam regards her role in society as a mother and a wife as the most sacred and essential one. Neither maids nor baby-sitters can possibly take the mother's place as the educator of an upright, complex free, and carefully-reared children. Such a noble and vital role, which largely shapes the future of nations, cannot be regarded as "idleness".

However, there is no decree in Islam which forbids woman from seeking employment whenever there is a necessity for it, especially in positions which fit her nature and in which society needs her most. Examples of these professions are nursing, teaching (especially for children), and medicine. Moreover, there is no restriction on benefiting from woman's exceptional talent in any field. Even for the position of a judge, where there may be a tendency to doubt the woman's fitness for the post due to her more emotional nature, we find early Muslim scholars such as Abu-Hanifa and Al-Tabary holding there is nothing wrong with it. In addition, Islam restored to woman the right of inheritance, after she herself was an object of inheritance in some cultures. Her share is completely hers and no one can make any claim on it, including her father and her husband.

"Unto men (of the family) belongs a share of that which Parents and near kindred leave, and unto women a share of that which parents and near kindred leave, whether it be a little or much - a determinate share." ((Qur'an 4:7).

Her share in most cases is one-half the man's share, with no implication that she is worth half a man! It would seem grossly inconsistent after the overwhelming evidence of woman's equitable treatment in Islam, which was discussed in the preceding pages, to make such an inference. This variation in inheritance rights is only consistent with the variations in financial responsibilities of man and woman according to the Islamic Law. Man in Islam is fully responsible for the maintenance of his wife, his children, and in some cases of his needy relatives, especially the females. This responsibility is neither waived nor reduced because of his wife's wealth or because of her access to any personal income gained from work, rent, profit, or any other legal means.

Woman, on the other hand, is far more secure financially and is far less burdened with any claims on her possessions. Her possessions before marriage do not transfer to her husband and she even keeps her maiden name. She has no obligation to spend on her family out of such properties or out of her income after marriage. She is entitled to the "Mahr" which she takes from her husband at the time of marriage. If she is divorced, she may get an alimony from her ex-husband.

An examination of the inheritance law within the overall framework of the Islamic Law reveals not only justice but also an abundance of compassion for woman.

WOMAN IN ISLAM

In the midst of the darkness that engulfed the world, the divine revelation echoed in the wide desert of Arabia with a fresh, noble, and universal message to humanity: "O Mankind, keep your duty to your Lord who created you from a single soul and from it created its mate (of same kind) and from them twain has spread a multitude of men and women" (Qur'an 4: 1).

A scholar who pondered about this verse states: "It is believed that there is no text, old or new, that deals with the humanity of the woman from all aspects with such amazing brevity, eloquence, depth, and originality as this divine decree."

Stressing this noble and natural conception, them Qur'an states:

He (God) it is who did create you from a single soul and therefrom did create his mate, that he might dwell with her (in love)...(Qur'an 7:189)

The Creator of heavens and earth: He has made for you pairs from among yourselves ...Qur'an 42:1 1

And Allah has given you mates of your own nature, and has given you from your mates, children and grandchildren, and has made provision of good things for you. Is it then in vanity that they believe and in the grace of God that they disbelieve? Qur'an 16:72

The rest of this paper outlines the position of Islam regarding the status of woman in society from its various aspects - spiritually, socially, economically and politically.

1. The Spiritual Aspect

The Qur'an provides clear-cut evidence that woman iscompletely equated with man in the sight of God interms of her rights and responsibilities. The Qur'an states:

"Every soul will be (held) in pledge for its deeds" (Qur'an 74:38). It also states:

...So their Lord accepted their prayers, (saying): I will not suffer to be lost the work of any of you whether male or female. You proceed one from another ...(Qur'an 3: 195).

Whoever works righteousness, man or woman, and has faith, verily to him will We give a new life that is good and pure, and We will bestow on such their reward according to the their actions. (Qur'an 16:97, see also 4:124).

Woman according to the Qur'an is not blamed for Adam's first mistake. Both were jointly wrong in their disobedience to God, both repented, and both were forgiven. (Qur'an 2:36, 7:20 - 24). In one verse in fact (20:121), Adam specifically, was blamed.

In terms of religious obligations, such as the Daily Prayers, Fasting, Poor-due, and Pilgrimage, woman is no different from man. In some cases indeed, woman has certain advantages over man. For example, the woman is exempted from the daily prayers and from fasting during her menstrual periods and forty days after childbirth. She is also exempted from fasting during her pregnancy and when she is nursing her baby if there is any threat to her health or her baby's. If the missed fasting is obligatory (during the month of Ramadan), she can make up for the missed days whenever she can. She does not have to make up for the prayers missed for any of the above reasons. Although women can and did go into the mosque during the days of the prophet and thereafter attendance et the Friday congregational prayers is optional for them while it is mandatory for men (on Friday).

This is clearly a tender touch of the Islamic teachings for they are considerate of the fact that a woman may be nursing her baby or caring for him, and thus may be unable to go out to the mosque at the time of the prayers. They also take into account the physiological and psychological changes associated with her natural female functions.

The Status of Women in Islam

I. INTRODUCTION

The status of women in society is neither a new issue nor is it a fully settled one.

The position of Islam on this issue has been among the subjects presented to the Western reader with the least objectivity.

This paper is intended to provide a brief and authentic exposition of what Islam stands for in this regard. The teachings of Islam are based essentially on the Qur'an (God's revelation) and Hadeeth (elaboration by Prophet Muhammad).

The Qur'an and the Hadeeth, properly and unbiasedly understood, provide the basic source of authentication for any position or view which is attributed to Islam.

The paper starts with a brief survey of the status of women in the pre-Islamic era. It then focuses on these major questions: What is the position of Islam regarding the status of woman in society? How similar or different is that position from "the spirit of the time," which was dominant when Islam was revealed? How would this compare with the "rights" which were finally gained by woman in recent decades?

II. HISTORICAL PERSPECTIVES

One major objective of this paper is to provide a fair evaluation of what Islam contributed (or failed to contribute) toward the restoration of woman's dignity and rights. In order to achieve this objective, it may be useful to review briefly how women were treated in general in previous civilizations and religions, especially those which preceded Islam (Pre-610 C.E.). Part of the information provided here, however, describes the status of woman as late as the nineteenth century, more than twelve centuries after Islam.

Women in Ancient Civilization

Describing the status of the Indian woman, Encyclopedia Britannica states:

In India, subjection was a cardinal principle. Day and night must women be held by their protectors in a state of dependence says Manu. The rule of inheritance was agnatic, that is descent traced through males to the exclusion of females.

In Hindu scriptures, the description of a good wife is as follows: "a woman whose mind, speech and body are kept in subjection, acquires high renown in this world, and, in the next, the same abode with her husband."

In Athens, women were not better off than either the Indian or the Roman women.

"Athenian women were always minors, subject to some male - to their father, to their brother, or to some of their male kin.

Her consent in marriage was not generally thought to be necessary and "she was obliged to submit to the wishes of her parents, and receive from them her husband and her lord, even though he were stranger to her."

A Roman wife was described by an historian as: "a babe, a minor, a ward, a person incapable of doing or acting anything according to her own individual taste, a person continually under the tutelage and guardianship of her husband."

In the Encyclopedia Britannica, we find a summary of the legal status of women in the Roman civilization:

In Roman Law a woman was even in historic times completely dependent. If married she and her property passed into the power of her husband . . . the wife was the purchased property of her husband, and like a slave acquired only for his benefit. A woman could not exercise any civil or public office . could not be a witness, surety, tutor, or curator; she could not adopt or be adopted, or make will or contract. Among the Scandinavian races women were:

under perpetual tutelage, whether married or unmarried. As late as the Code of Christian V, at the end of the 17th Century, it was enacted that if a woman married without the consent of her tutor he might have, if he wished, administration and usufruct of her goods during her life.

According to the English Common Law:

...all real property which a wife held at the time of a marriage became a possession of her husband. He was entitled to the rent from the land and to any profit which might be made from operating the estate during the joint life of the spouses. As time passed, the English courts devised means to forbid a husband's transferring real property without the consent of his wife, but he still retained the right to manage it and to receive the money which it produced. As to a wife's personal property, the husband's power was complete. He had the right to spend it as he saw fit.

Only by the late nineteenth Century did the situation start to improve. "By a series of acts starting with the Married women's Property Act in 1870, amended in 1882 and 1887, married women achieved the right to own property and to enter contracts on a par with spinsters, widows, and divorcees." As late as the Nineteenth Century an authority in ancient law, Sir Henry Maine, wrote: "No society which preserves any tincture of Christian institutions is likely to restore to married women the personal liberty conferred on them by the Middle Roman Law."

In his essay The Subjection of Women, John Stuart Mill wrote:

We are continually told that civilization and Christianity have restored to the woman her just rights. Meanwhile the wife is the actual bondservant of her husband; no less so, as far as the legal obligation goes, than slaves commonly so called.

Before moving on to the Qur'anic decrees concerning the status of woman, a few Biblical decrees may shed more light on the subject, thus providing a better basis for an impartial evaluation. In the Mosaic Law, the wife was betrothed. Explaining this concept, the Encyclopedia Biblica states: "To betroth a wife to oneself meant simply to acquire possession of her by payment of the purchase money; the betrothed is a girl for whom the purchase money has been paid." From the legal point of view, the consent of the girl was not necessary for the validation of her marriage. "The girl's consent is unnecessary and the need for it is nowhere suggested in the Law."

As to the right of divorce, we read in the Encyclopedia Biblica: "The woman being man's property, his right to divorce her follows as a matter of course." The right to divorce was held only by man. "In the Mosaic Law divorce was a privilege of the husband only .... "

The position of the Christian Church until recent centuries seems to have been influenced by both the Mosaic Law and by the streams of thought that were dominant in its contemporary cultures. In their book, Marriage East and West, David and Vera Mace wrote:

Let no one suppose, either, that our Christian heritage is free of such slighting judgments. It would be hard to find anywhere a collection of more degrading references to the female sex than the early Church Fathers provide. Lecky, the famous historian, speaks of (these fierce incentives which form so conspicuous and so grotesque a portion of the writing of the Fathers . . . woman was represented as the door of hell, as the mother of all human ills. She should be ashamed at the very thought that she is a woman. She should live in continual penance on account of the curses she has brought upon the world. She should be ashamed of her dress, for it is the memorial of her fall. She should be especially ashamed of her beauty, for it is the most potent instrument of the devil). One of the most scathing of these attacks on woman is that of Tertullian: Do you know that you are each an Eve? The sentence of God on this sex of yours lives in this age: the guilt must of necessity live too. You are the devil's gateway: you are the unsealer of that forbidden tree; you are the first deserters of the divine law; you are she who persuades him whom the devil was not valiant enough to attack. You destroyed so easily God's image, man. On account of your desert - that is death - even the Sop of God had to die). Not only did the church affirm the inferior status of woman, it deprived her of legal rights she had previously enjoyed.

CONDITIONS OF “LA ILAAHA ILLA ALLAH”

1. Knowledge, which consists of recognizing Allah as the only true God to Whom worship must be dedicated, and denouncing all gods worshipped beside Allah as false, and that they can neither extend benefit nor cause harm.

2. Certainty that the belief in Allah must be unblemished with any doubt.

3. Acceptance: That is, to accept all the conditions of the declaration.

4. Submission: That is, to fulfill its conditions submissively and willingly being content with Allah as the Rabb (only Lord) and Muhammad (Peace be upon him) as His last Prophet and Messenger.

5. Truthfulness: That is, to fulfill its requirements truthfully.

6. Sincerity: That is, to be sincere in worshipping Allah, dedicating all acts of worship to Him alone.

7. The love of Allah - the Exalted, and the love of His Messenger Muhammad (Peace be upon him), and the love of Allah’s devotees and the people of His obedience, which means love of all Muslims Finally it should be borne in mind that Allah must be obeyed, by following His commands and refraining from His prohibitions. Obedience to Allah must be associated with loving Him, fearing His punishment, and hoping for His reward, seeking His forgiveness and adhering to the teachings of His ProphetMuhammad (PBUH) - the last of Allah’s Messengers. The Shari’ah (the laws and religious rites) of Muhammad (PBUH) abrogates all other preceding laws and religious rites and this comprises the best of every preceding Shari’ah.

The Meaning of “La Ilaaha Illa Allah, Muhammad-Rasoolullah.” and the condition of “La Ilaaha Illa Allah.”

THE MEANING OF THE TESTIMONY OF FAITH The testimony (LA ILAAHA ILLA ALLAH ) comprises two concepts: Denial and Affirmation.

FIRST:

The testimony of faith denies the attribute of divinity to anyone and anything other than Allah - the Exalted. All those other than Allah, such as the angels, the Prophets, and the rest of Mankind, let alone the idols and the political regimes in the world, are not gods and thus don’t deserve to be worshipped. Therefore, denial in this respect is not denial of the existence of the alleged gods, rather the denial of divinity which is attributed to them.

SECOND:

The testimony of faith affirms and restricts divinity to Allah alone. That is, the slave must believe that Allah is the only true God, and accordingly dedicate no act of worship to any, other than Allah.
THE MEANING OF MUHAMMAD RASOOLULLAH A confession with your tongue but a heartfelt belief, “O Allah! I testify that Muhammad (Peace be upon him) is Your Messenger.” That means that none has the right to be followed after Allah, but the Prophet Muhammad (Peace be upon him) as he is the Last of His Messengers. As Allah said:
“Muhammad (Peace be upon him) is not the father on any man amongst you but he is the Messenger of Allah and the last (end) of the Prophets and Allah is Ever All Aware of everything.”
(V.33:40)
“And whatsoever the Messenger Muhammad (Peace be upon him) gives you, take it and whatsoever he forbids you, abstain from it.” (V.59:7)
And Allah said: “Say (O Muhammad) (to mankind) ‘if you (really) love Allah, then follow me’.” (V.3:31)
As for the others than Muhammad (Peace be upon him) their statements are to be taken or rejected as to whether these are in accordance with Allah’s Book (i.e. the Quran) or with the Sunnah (legal ways, orders, acts of worship, statements etc.,) of the Prophet (Peace be upon him), or not.

Sects and Sectarianism: A Practical Approach to Unity by S.K. Hashmi

Whenever someone offers "Islam" as the only possible solution to the myriad problems afflicting our country, the question that immediately props up is: "Whose Islam?" This is a valid question, and all the different sects and factions, especially all those groups and parties who are working for Islamic revival, must arrive at a consensus in this regard. Otherwise, it is obvious that the sectarian and partisan approach, which is quite prevalent today among the Muslims, especially in our part of the world will remain the biggest impediment in the establishment of a true Islamic State.

The realization is growing that Islam is, in fact, the only solution to the evil remains of Colonialism and the only answer to the threat of New World Order. But, regrettably, there is very little cognizance of the biggest hurdle in achieving this goal: our own internal strife and the menace of sectarianism. Any meaningful progress towards the establishment of an Islamic state is impossible unless we find a solution to this issue.

There is a tremendous onslaught of Zionist hegemony under the guise of the New World Order. The Arabs are practically in their pocket. It is only our part of the Muslim world consisting of Iran, Afghanistan, Pakistan, as well as the Russian and Chinese Turkestan that has a potential for offering a substantive resistance to their nefarious designs. How can we unite the diverse people inhabiting this region? The only cement that can bind them is Islam. But again, all efforts to create a solid Islamic bloc in this region are going to be unsuccessful unless a lasting and workable solution to the problem of sectarianism is found.

The Qur´anic Answer to Sectarianism

The most fundamental point that needs to be noted in this regard is the distinction between Deen and Shariah. According to the Holy Qur´an, all the prophets and messengers throughout human history have taught the same Deen Islam the essence of which is to accept Almighty Allah (SWT) as the sovereign and ruler of the universe and the prophets as His representatives. Thus, we see that all the messengers demanded two things from their respective nations: worship Allah and obey me. It means that, during the days of Prophet Noah, Islam consisted of worshipping Allah and obeying Noah (AS). In the times of Prophet Hud, Islam consisted of worshipping Allah and obeying Hud (AS). During the age of Prophet Moses, Islam consisted of worshipping Allah and obeying Moses (AS). Similarly, now that the institution of Prophethood has concluded after reaching its zenith in the person of the last messenger, Muhammad (SAAWS), the essence of Islam for all times to come will consist of two things: to worship Almighty Allah (SWT) and to obey Prophet Muhammad (SAAWS).

We know that the Shariah or the code of life given by Almighty Allah (SWT) to Prophet Moses (AS) and through him to his people was very different from the one given to Prophet Muhammad (SAAWS), even though both of them taught the same Deen, i.e., Islam. It follows that it is possible for different messengers to have different teachings regarding the details of law, rituals, customs, etc., but that all these differences remain well within the broader circle of Deen, which has remained unchanged throughout human history.

Consider the implications of this basic fact taught by the Holy Qur´an. It means that, irrespective of how divergent their views and practices may be, as long as the different Muslim sects agree to worship Almighty Allah (SWT) and obey Prophet Muhammad (SAAWS), all of them will remain inside the broader circle of the Muslim Ummah. Unless there is a categorical refusal by a group of people to submit before the clear injunctions of the Holy Qur´an and those of Prophet Muhammad (SAAWS), any schism or cleavage won´t happen. Since all the different sects (Madhahib) in Islam whether Hanafi, Shafa´i, Maliki, Hanbali, Zahiri, Salafi, or Jafari are unanimous that the commandments of the Qur´an and the Sunnah are binding upon them, none of these represent any defection from the fold of Ummah.

Although various schools of thought among the Muslims differ concerning the principles or rules of interpreting the Divine law, all can be united on the basis of the original sources of guidance, the Holy Qur´an and the Sunnah of Prophet Muhammad (SAAWS). Just as the same Deen can manifest itself into a number of different codes of life for example the Shariah of Moses (AS) and the Shariah of Muhammad (SAAWS) it can also manifest, at a secondary level, into numerous schools of jurisprudence, all of which are in agreement regarding the fundamentals but differing in minor issues of detail.

Disagreements are Unavoidable

There is a crucial distinction between expressing differences of opinion and creating rifts and antagonisms in the community. According to the Holy Qur´an, the diversity and variation that we find everywhere in the universe is a sign of Almighty Allah´s infinite creativity. People differ greatly in their aptitudes, priorities, intelligence levels, and preferences. Therefore, even when it comes to the interpretation of the teachings of the Holy Qur´an and the Sunnah, knowledgeable and sincere scholars will inevitably differ with each other. There is absolutely nothing wrong with differences of opinion concerning interpretations of the same injunction of the Qur´an or the Sunnah, just as there is nothing wrong when judges differ in their interpretations of the law or Constitution. However, the point is to view such a disagreement as an academic and technical one, and not to let it become a reason for creating discord and rivalry.

The friction prevalent between various Muslim schools of jurisprudence is rather unfortunate. But it must be kept in mind that this sort of animosity is never caused by sincere disagreements, rather it is always a result of the sinister desire to dominate and subjugate others. If disagreements are combined with sincerity of intention and uncompromising loyalty to the Qur´an and the Sunnah, then such disagreements are certainly desirable and beneficial in the sight of Islam. But sometimes these differences of opinion are exaggerated and grossly misused by the belligerent and formalist type of self-proclaimed "scholars", and it is only then that they result in unnecessary bitterness and strife.

Islam has reached its ultimate perfection and fulfillment with the advent of Prophet Muhammad (SAAWS), in the sense that the Holy Qur´an and the Sunnah of Prophet Muhammad (SAAWS) will remain the only sources of guidance for the entire humanity, for all times to come. Since there are not going to be any more prophets, it follows that it is now up to the learned people from among the Ummah who are well-grounded in the knowledge of the Qur´an and Sunnah as well as other related sciences to deliberate over the Divine and Prophetic injunctions in order to provide the framework for new legislation and codification of the Islamic law.

Another upshot of the belief in the termination of Prophethood is that a disruption or rift will be created within the ranks of the Ummah only when someone challenges the authority of Prophet Muhammad (SAAWS). Therefore, in the entire fourteen hundred years of Muslim history, only those sects were unanimously declared as non-Muslims who had refused to accept Prophet Muhammad (SAAWS) as the supreme authority. Thus, a consensus of opinion among the Ulama with regard to the verdict of apostasy (Takfeer) is found only with reference to those sects who had adopted for themselves a new "prophet", Qadianism being a case in point.

The extraordinary spirit of tolerance and magnanimity, which was very much in vogue during the early centuries of Islamic jurisprudence, must be revived among the Muslims of today. Our Ulama should realize that Islam is much more than mere pedantic debates over minor points of law and trivial theological distinctions. Our own history has shown how damaging this constant preoccupation with basically futile controversies can be. Instead of broadening the intellectual horizons, such pursuit only serve to render the mind incapable of comprehending as to what is really at stake. Minor judicial and theological disagreements should never be allowed to cause hard feelings among the members of the Ummah. Our objective should be the establishment of the Deen of Allah, rather than the domination of one sect by another.

Since all Muslim sects agree that the "Straight Path" consists of obeying Prophet Muhammad (SAAWS), their mutual disagreements regarding the interpretation of Shariah can be easily reconciled and harmonized, once they realize the urgent and acute need for a united and cohesive Ummah. The most significant point in this respect is that the envisioned Islamic State will not be able to function for even a single day if such unity is not achieved.

Legislation in the Islamic State

The immense amount of work that was done by earlier jurists, while still valuable to a large extent, will not be able to meet the practically infinite demands for fresh legislation in the future Islamic state. How shall we deal with the very practical issue of legislation once an Islamic state is finally established? The ideal solution would be to bind the legislative Assembly or Shura, through an unambiguous article of the Constitution, that it cannot formulate any law that is repugnant to the Qur´an and the Sunnah. The jurists and scholars belonging to various schools of thought will deliberate and discuss and argue among themselves regarding the resolution of contemporary issues, the solutions of which are not found explicitly in either the Qur´an or the Sunnah. These scholars would make use of the whole corpus of the Islamic literature on jurisprudence without any bias or discrimination. A number of "think-tanks" can be established for this sort of research, but without legislative authority, in order to avoid any resemblance with theocracy. These institutions and academies can indirectly guide the members of the Assembly as to the kind of laws that are harmonious with the spirit of Qur´an and Sunnah.

Of course, the gates of Ijtihad would have to be re-opened if we are to run a modern Islamic state. Equally obvious is the fact that the jurists and scholars of the Islamic Shariah will continue to disagree with each other as to which of the numerous possible solutions of a particular issue is closest to the spirit of Qur´an and Sunnah. Again, there is no harm in such disagreements. All these various solutions can then be discussed and pondered over by the members of the legislative Assembly, and the best possible law shall be formulated by them in accordance with majority vote.

There still remains the possibility that the legislative Assembly might commit a mistake, whether intentional or inadvertent, by passing a law that is, in fact, contrary to the teachings of Shariah. In that case, either the President can refuse to endorse the bill, asking the legislature to review its decision, or a citizen can approach the judiciary to plead that a violation of the Constitution is being committed. The Supreme Court will obviously seek the opinion of the representatives of the government as well as legal experts and religious scholars, and it will be then up to the judges of the highest Court to decide if indeed a transgression of the Shariah has occurred. If the Court were to find that the new law is, in fact, repugnant to the Shariah, it will have the prerogative to declare it null and void, forcing the Assembly to start the whole process all over again.

That the Ulama in the future Islamic state would not insist on following any particular school of jurisprudence is, unfortunately, not an immediately attainable ideal. It would take time to convince the followers as well as the religious scholars of various schools that, instead of demanding that all law-making should conform to the rules and principles laid down by their particular Imam, they should rather accede to give primacy to the original sources of guidance the Qur´an and the Sunnah in the larger interest of Islam as well that of the Muslims. However, till the time that such a consensus is achieved, legislation in the Islamic state can continue on the basis of that school of jurisprudence which is followed by the majority. For example, legislation in Pakistan can be done on the basis of majority Fiqh, which is the school of Imam Abu Hanifa. It may be noted that this is a pragmatic, not an ideal, approach.

Since there can only be a single "law of the land" in any given country, it follows that the adherents of all other schools of jurisprudence, by accepting legislation based on the majority Fiqh, would have to sacrifice their own emotional attachment to their specific Imam for the greater good of the Ummah. It is also obvious that, in case the majority Fiqh is used as the basis for legislation, the Islamic state would give complete and absolute freedom to all its citizens concerning their private and personal affairs. That is to say, although the "Public Law" would conform to the principles of one school of jurisprudence, all citizens would be free to practice their own Fiqh in matters of worship, rituals, marriage and divorce laws, etc. The state would never interfere at all in these matters.

Futility of the Sectarian Approach

We must realize that the present atmosphere of conflict and disharmony prevalent between various Muslim sects is utterly useless and futile. Each one of these various sects have more than a thousand years of history behind it. It is nothing more than a delusion that one faction can somehow eliminate the other. Can the Shia Muslims force their particular ideas on to the Sunnis? Can the Sunnis ever succeed in wiping out the Shias? Can the followers of Imam Abu Hanifa ever eradicate the followers of the Salafi school of thought? Can the latter exterminate the former? The answer is too obvious to mention.

We must read the writing on the wall. We must recognize that it is simply impossible to either disregard the existence of different sects in Islam or to try and remove in an artificial manner their long-standing disagreements. The correct approach is to accept the right of each sect to practice what it believes to be true in the private and personal sphere and, at the same time, to try and work out an understanding with regard to the practical issue of legislation in an Islamic state, as described above.

Can the Shia and Sunni Muslims unite?

While it is relatively easy to work out an accord between the various schools of Ahl al-Sunnah, it is much more problematic to deal with the issue of Shia vs. Sunni. The divide of disagreement is much broader and deeper between the Shia and the Sunni Muslims, as compared to that between the different schools within the Sunnis. This is primarily because, even though both sects turn to the same Qur´an for guidance, they have totally different sets of books on Hadith. This fundamental difference in the respective frames of reference of Shia and the Sunni Muslims is, indeed, a very significant one. But Iran has already dealt with this problem and so can we.

The solution that is adopted by the government of Iran after the revolution of 1979 is workable all over the Muslim world. It is clearly stated in their Constitution that the law of the land in Iran would be based on Fiqh Jafari, but the followers of all other schools would be free to practice their own Fiqh in their private and personal affairs. This highly ingenious but equally simple and uncomplicated approach represents a really enlightening lesson for the entire Muslim Ummah.

Whenever an Islamic state is established in Pakistan, the Constitution can be amended to the effect that the process of legislation shall be based on the Hadith collections and the schools of Fiqh that belong to the majority, that is, those of Ahl al-Sunnah. At the same time, the Shia minority would be given the same status in Pakistan which is given to the Sunnis under the Iranian Constitution. While the Public Law would follow the beliefs and concepts of the majority, the Shias would enjoy total freedom to practice their own Fiqh in all private and personal matters, including that of Zakat.

Another controversial issue is that the Shia doctrine of Imamate is in sharp conflict with the Sunni belief in Caliphate. The Caliph among the Sunnis is to be selected and elected by the Muslims, whereas, for the Shia, the political and the religious leadership of the Muslim community is vested in the Imam, who is divinely inspired, sinless, and infallible. How can we reconcile such diverse viewpoints?

As a matter of fact, there is no practical need for a reconcilement with reference to this particular point. The majority of the Shias living in Pakistan are Ithna Asharis, or the "Twelvers", who believe that the twelfth Imam disappeared and went into seclusion in the year 874 C.E., and, therefore, they are now supposed to await his return (Intizar). In the meantime, the Shias are required to follow their religious experts who interpret the Islamic law for the community. In the absence of their authentic Imam, the Shia doctrine of Infallible Imamate is not going to pose any practical problems. Both the Sunni and the Shia Muslims are, therefore, in the same boat, because both have to look up to their religious scholars and Ulama for guidance, and also because both believe in the possibility of and the need for Ijtihad.

One cannot over-stress the urgency of achieving a state of internal cohesion and unity in the Muslim Ummah. And, as we have seen, there is, indeed, a simple and practical approach towards that unity. The question is whether or not we are mature enough to go beyond our present state of debilitating sectarianism.

Eid-e-Milad un Nabi 2

Imam Al `Iraqi.
Al Mawlid al heni fi al Mawlid al sani.
Mulla `Ali Al Qari.
Al Mawlid Al rawi fil Mawlid al Nabawi.
Imam Ibn Dahiya.
Al Tanweer fi Mawlid Al basheer Al Nadheer.
Imam Shamsu Din bin Nasir Al Dimashqi.
Mawlid al Sadi fi Mawlid Al Hadi. He is the one who said about the Prophet's estranged uncle, Abu Lahab, "This unbeliever who has been dispraised, "perish his hands" [111: 1], will stay in Hell forever. Yet, every Monday his torment is being reduced because of his joy at the birth of the Prophet." How much mercy can a servant expect who spends all his life joyous about the Prophet and dies believing in the Oneness of Allah?
Imam Shamsu Din Ibn Al Jazri.
Al Nashr fil Qira'at Al `Ashr, `Urf Al Ta'reef bil Mawlid al shareef.
Imam Ibn Al Jawzi Imam Ibn Al Jawzi said about the honorable Mawlid, "It is security throughout the year, and glad tidings that all wishes and desires will be fulfilled."
Imam Abu Shama
Imam Abu Shama (Imam Nawawi's shaykh) in his book Al ba'ith ala Inkar Al bida` wal hawadith (pg.23) said, "One of the best innovations in our time is what is being done every year on the Prophet's birthday, such as giving charity, doing good deeds, displaying ornaments, and expressing joy, for that expresses the feelings of love and veneration for him in the hearts of those who are celebrating, and also, shows thankfulness to Allah for His bounty by sending His Messenger, the one who has been sent as a Mercy to the worlds."
Imam Al Shihab Al Qastalani
Imam Al Shihab Al Qastalani (Al Bukhari's commentator) in his book Al mawahib Al Ladunniya (1-148) said, "May Allah have mercy on the one who turns the nights of the month of the Prophet's birth into festivities in order to decrease the suffering of those whose hearts are filled with disease and sickness."
There are others who wrote and spoke about Mawlid, such as Imam Al Sakhawi, Imam Wajihu Din bin `Ali bin al Dayba' al Shaybani al Zubaidi, and many more, which we will not mention due to the limited space available. From these many evidences, it should be clear by now that celebrating the Mawlid is highly commendable and allowed. Surely we cannot simply shrug off as heretics the scholars and dignitaries of this nation who approved the commemoration of the Mawlid and wrote countless books on the subject.
Are all these scholars, to whom the whole world is indebted for the beneficial books they have written on Prophetic sayings, jurisprudence, commentaries, and other sorts of knowledge, among the indecent who commit sins and evil? Are they, as those opposed to Mawlid claim, imitating the Christians in celebrating the birth of Jesus? Are they claiming that the Prophet did not convey to the nation what they should do? We leave answers to these questions up to you.
And yet we must continue to examine the errors which those opposed to Mawlid utter. They say "If celebrating the Mawlid is from the religion, then the Prophet would have made it clear to the nation, or would have done it in his lifetime, or it would have been done by the Companions." No one can say that the Prophet did not do it out of his humbleness, for this is speaking evil of him, so they cannot use this argument.
Furthermore, that the Prophet and his Companions did not do a certain thing does not mean they made that thing prohibited. The proof is in the Prophet's saying, "Whoever establishes, in Islam, a good practice..." cited earlier. This is the strongest evidence that gives encouragement to innovate whatever practices have foundations in religious law, even if the Prophet and his Companions did not do them. Al Shafi'i said, "Anything that has a foundation in religious law is not an innovation even if the Companions did not do it, because their refraining from doing it might have been for a certain excuse they had at the time, or they left it for something better, or
perhaps not all of them knew about it." Therefore, whoever prohibits anything based on the concept that the Prophet did not do it, his claim has no proof and must be rejected.

Thus we say to the rejecters of Mawlid: based on the rule you have attempted to found, that is, that whoever does anything that the Prophet or his Companions did not do is committing innovation, it would follow that the Prophet did not complete the religion for his nation, and that the Prophet did not convey to the nation what they should do. No one says this or believes this except a heretic defecting from the religion of Allah. To the doubters of Mawlid we declare, "Based on what you say, we convict you." For you have innovated in the basics of worship a large number of things that the Prophet did not do⦣128;⦣128; nor did his Companions, the Generation after the Companions, or the Generation after them. For instance:
• Congregating people behind one Imam to pray Salat al Tahajjud after Salat Al Tarawih, in the two Holy Mosques and other mosques.
• Reciting the Prayer of Completion of the Qu'ran in Salat al Tarawih and also in Salat al Tahajjud.
• Designating the 27th night of Ramadan to complete reading the entire Qu'ran in the two Holy Mosques.
• A caller saying, after Salat al Tarawih, in the Qiyam prayer, "May Allah reward you."
• Founding organizations which did not exist in the time of the Prophet, such as Islamic universities, societies for committing the Qu'ran to memory, and offices for missionary work, and committees for enjoining good and forbidding evil. We are not objecting to these things, since they are forms of good innovation. We merely list these innovations to point out that those
who oppose Mawlid clearly contradict their own rule stating that anything that neither the Prophet nor his Companions did is innovation. And since they claim that all innovation is bad, they themselves are guilty.
Yet another claim they make is to say that those who commemorate the Mawlid are mostly indecent and immoral. This is a vulgar statement and it only reflects the character of the one saying it. Are all the distinguished scholars that we have mentioned, from the point of view of those opposed to Mawlid, indecent and immoral? We won't be surprised if this is what they believe. This is a most serious slander. We say, as the poet said, "When Allah wants to spread a virtue that has been hidden, He would let a tongue of an envious person know about it."
Those opposed to Mawlid, may Allah guide them, have confused some expressions, and claim that some religious scholars associate partners with Allah. Take for example the plea of Imam Al Busiery to Prophet Muhammad, "Oh, most generous of creation,
I have no one to resort to, save You, when the prevailing event takes place." They must examine carefully the saying of Imam Al Busiery: inda hulul il amim, when the prevailing event takes place. What is al Amim? It means that which prevails over the whole universe, and all of creation, in referring to the Day of Judgment. Imam Al Busiery is asking intercession from the Prophet on the Day of Judgment because on that Day we will have no one to resort to, or appeal to. Imam Al Busiery seeks his intercession to Allah through the Prophet, for when all other Messengers and Prophets will be saying, "Myself, myself," the Prophet will be saying, "I am the one for it, I am for it [the Intercession]" It becomes even more clear now that the doubts of those opposed to Mawlid are unfounded, just as their charges of associating partners with Allah are unfounded. This is due to their blindness, both physical and spiritual.
Another similar example can be found in the well-known saying transmitted by the distinguished Imam Al Kamal bin Al Hammam Al Hanafi, author of Fath il Qadeer fi manasik al Farisi, and Sharh al Mukhtar min al sada al ahnaf. When Imam Abu Hanifa visited Medina, he stood in front of the honorable grave of the Prophet and said, "O, most honorable of the Two Weighty Ones (humankind and jinn)! O, treasure of mankind, shower your generosity upon me and please me with your pleasure. I am aspiring for your generosity, and there is no one for Abu Hanifa in the world but you." Again, we must not misinterpret this entreaty, but realize its true meaning.
Yet another misconception those opposed to Mawlid hold can be seen in their statements such as these: "What occurs during Mawlid is mixing between men and women, singing and playing musical instruments, and drinking alcohol." I myself know this to be a lie, for I have attended many Mawlids and have not seen any mixing, and never heard any musical instruments. And as for drunkenness, yes, I have seen it, but not that of worldly people. We found people intoxicated with the love of the Prophet, a state surpassing even the agony of death, which we know overcame our master Bilal at the time of his death. In the midst of this sweet
stupor he was saying, "Tomorrow I shall meet the loved ones, Muhammad and his Companions."
To continue, those opposed to Mawlid say, "The day of the Prophet's birth is the same day of the week as his death. Therefore, joy on this day is no more appropriate than sorrow, and if religion is according to one's opinion, then this day should be a day of mourning and sorrow." This kind of lame eloquence, is answered by the Imam Jalal al Din al Suyuti, in Al hawi lil fatawi (pg.193), "The Prophet's birth is the greatest bounty, and his death is the greatest calamity. Religious law urges us to express thankfulness for bounties, and be patient and remain calm during calamities. Religious law has commanded us to sacrifice an animal on the birth of a child [and distribute the meat to the needy], which is an expression of gratitude and happiness with the newborn, while it did notcommand us to sacrifice at the time of death. Also, it prohibited wailing and showing grief. Therefore, the rules of Divine Law indicate that it is recommended to show joy during the month of the Prophet's birth, and not to show sorrow for his death."
Furthermore, Ibn Rajab, in his book Al lata'if, dispraising the rejecters of Mawlid based on the above argument, said, "Some designated the day of Aashura as a funeral ceremony for the murder of Al Hussein. But neither Allah nor His Prophet commanded that the days of the prophets' great trials or deaths should be declared days of mourning, let alone those with lesser rank."
We conclude this article with a saying of the Prophet, which has been narrated by Abu Ya'la, from Hudhaifa and about which Ibn Kathir said, "It's chain of transmission is good." Abu Ya'la said, "The Prophet has said, "One of the things that concerns me about my nation is a man who studied the Qu'ran, and when its grace started to show on him and he had the appearance of a Muslim, he detached himself from it, and threw it behind his back, and went after his neighbor with a sword and accused him of associating partners with Allah.' I then asked, "Oh, Prophet of Allah, which one is more guilty of associating partners with Allah, the accused or the accuser?' The Prophet said, "It is the accuser.'"
Completed, with all Praises to Allah and salutations and peace be upon our master Holy Prophet Muhammed, his blessed and purified Family, Progeny and loyal Companions.

Eid-e-Milad un Nabi 1

Adding the first call to prayer on Friday.

(From Sahih Al Bukhari, from Al Sa'ib bin Yazid.) "During the time of the Prophet (s), Abu Bakr (r) and `Umar (r), the call to Friday prayer used to occur when the Imam sat on the pulpit. When it was Othman's (r) time, he added the third call (considered third in relation to the first adhan and the iqama. But it is named first because it proceeds the call to the Friday prayer.)"
Salutations on the Prophet composed and taught by our Master `Ali (r).
The salutations have been mentioned by Sa'id bin Mansoor and Ibn Jareer in Tahzeeb al Aathar, and by Ibn Abi Assim and Ya'qoob bin Shaiba in Akhbar `Ali and by Al Tabarani and others from Salamah Al Kindi.
The addition to the tashahhud by Ibn Mas'ud.
After "wa rahmatullahi wa barakatu," and the Mercy of Allah and Blessings, he used to say, "assalamu `alayna min Rabbina," peace upon us from our Lord. Narrated by Al Tabarani in Al Kabir, and the narrators are those of the sound transmitters, as it has been mentioned in Majma' Al Zawa'id.
The addition to the tashahhud by Abdullah Ibn `Umar.
He added the basmalah at the beginning of the tashahhud. He also added to the talbia, "labbaika wa sa'daika wal khayru bi yadayka wal raghba'u ilayika wal `amalu" This is mentioned in Bukhari, Muslim, et al.
These are some of the developments instituted by the Prophet's Companions, the scholars, and the honorable members of his nation, which did not exist during the time of the Prophet, and which they deemed good. Are they, then, misguided and guilty of bad innovation?
As for the claim that there is no such thing in religion as good innovation, here are some sayings of the brilliant scholars of Islam belying this claim.
Imam Nawawi said in Sahih Muslim (6-21)
"The Prophet's saying every innovation is a general-particular and it is a reference to most innovations. The linguists say, "Innovation is any act done without a previous pattern, and it is of five different kinds.'" Imam Nawawi also said in Tahzeeb al Asma' wal Sifaat,

"Innovation in religious law is to originate anything which did not exist during the time of the Prophet, and it is divided into good and bad." He also said, "Al-muhdathat (pl. for muhdatha) is to originate something that has no roots in religious law. In the tradition of religious law it is called innovation, and if it has an origin within the religious law, then it is not innovation. Innovation in religious law is disagreeable, unlike in the language where everything that has been originated without a previous pattern is called innovation regardless of whether it is good or bad."
Shaykh Ibn Hajar Al Asqalani, the commentator on Al Bukhari, said,
"Anything that did not exist during the Prophet's time is called innovation, but some are good while others are not."
Abu Na'eem, narrated from Ibrahim Al Junaid, said, "I heard Ash-Shafi'i saying,
"Innovation is of two types; praiseworthy innovation and blameworthy innovation, and anything that disagrees with the Sunnah is blameworthy.'"

Imam Albayhaqi narrated in Manaqib Ash-Shafi'i that Ash-Shafi'i said,

"Innovations are of two types: that which contradicts the Qu'ran, the Sunnah, or unanimous agreement of the Muslims is a innovation of deception, while a good innovation does not contradict any of these things."
Al `Izz bin Abdussalam said, at the end of his book, Al Qawa'id, "Innovation is divided into obligatory, forbidden, recommended, disagreeable and permissible, and the way to know which is which is to match it against the religious law."
Clearly we see from the opinions of these righteous scholars, that to define innovations in worship as wholly negative without exception is ignorant. For these pious knowers, among them Imam Nawawi and Ash-Shafi'i, declared that innovations could be divided into good and bad, based on their compliance or deviance with religious law.

Moreover, the following Prophetic saying is known even to common Muslims, let alone scholars: "He who inaugurates a good practice (sunnatun hasana) in Islam earns the reward of it, and of all who perform it after him, without diminishing their own rewards in the least." Therefore it is permissible for a Muslim to originate a good practice, even if the Prophet didn't do it, for the sake of doing good and cultivating the reward. The meaning of inaugurate a good practice (sanna sunnatun hasana) is to establish a practice through personal reasoning (ijtihad) and derivation (istinbat) from the rules of religious law or its general texts. The actions of the Prophet's Companions and the generation following them which we have stated above is the strongest evidence.
The ones prejudiced against celebrating the Prophet's birthday have paved the way for their falsehood by deceiving the less-learned among the Muslims. The prejudiced ones claim that Ibn Kathir writes in his Al Bidaya wal Nihaya (11-172) that the Fatimide-Obaidite state, which descends from the Jew, Obaidillah Bin Maimoon Al Kaddah, ruler of Egypt from 357-567 A.H., innovated the celebration of a number of days, among them, the celebration of the Prophet's birthday. This treacherous lie is a grave insult to the scholarship of Ibn Kathir and the scholarship of all Islam. For in truth, Ibn Kathir writes about the Prophet's birthday in Al bidaya wal nihaya [13136]
"The victorious king Abu Sa'id Kawkaburi, was one of the generous, distinguished masters, and the glorious kings; he left good impressions and used to observe the honorable Mawlid by having a great celebration. Moreover, he was chivalrous, brave, wise, a scholar, and just." Ibn Kathir continues, "And he used to spend three hundred thousand Dinars on the Mawlid." In support, Imam Al Dhahabi writes of Abu Sa'id Kawkaburi, in Siyar A'laam al nubala' [22-336] "He was humble, righteous, and loved religious learned men and scholars of Prophetic saying."

Following are some sayings of the rightly guided Imams regarding the Mawlid.
Imam Al Suyuti, from Alhawi lil fatawi, wrote a special chapter entitled "The Good Intention in Commemorating the Mawlid," at the beginning of which he said,

"There is a question being asked about commemorating the Mawlid of the Prophet in the month of Rabi' Al Awal: what is the religious legal ruling in this regard, is it good or bad? Does the one who celebrates get rewarded or not?" The answer according to me is as follows: To commemorate the Mawlid, which is basically gathering people together, reciting parts of the Qu'ran, narrating stories about the Prophet's birth and the signs that accompanied it, then serving food, and afterwards, departing, is one of the good innovations; and the one who practices it gets rewarded, because it involves venerating the status of the Prophet and expressing joy for his honorable birth.

Ibn Taymiyya said in his book Iqtida' Al Sirat Al Mustaqeem (pg. 266)

"Likewise, what some people have innovated, in competition with the Christians in celebrating he birth of Jesus, or out of love and veneration of the Prophet⦣128;榱uot; and he continues "⦣128;洨at the predecessors didn't do, even though there is a reason for it, and there is nothing against it." This is a saying of someone who set fanaticism aside and sought to please Allah and his Prophet. As far as we are concerned, we commemorate the Mawlid for no other reason but what Ibn Taymiya said, "Out of love and veneration of the Prophet." May Allah reward us according to this love and effort, and may Allah bless the one who said, "Let alone

what the Christians claim about their Prophet, and you may praise Muhammad in any way you want and attribute to his essence all honors and to his status all greatness, for his merit has no limits that any expression by any speaker might reach."

In the same source previously mentioned, Al Suyuti said,

"Someone asked Ibn Hajar about commemorating the Mawlid. Ibn Hajar answered, "Basically, commemorating the Mawlid is an innovation that has not been transmitted by the righteous Muslims of the first three centuries. However, it involves good things and their opposites, therefore, whoever looks for the good and avoids the opposites then it is a good innovation.' It occurred to me (Al Suyuti) to trace it to its established origin, which has been confirmed in the two authentic books: Al Sahihain. When the Prophet arrived in Medina he found that the Jews fast the day of Aashura; when he inquired about it they said, "This is the day when Allah

drowned the Pharaoh and saved Moses, therefore we fast it to show our gratitude to Allah.' From this we can conclude that thanks are being given to Allah on a specific day for sending bounty or preventing indignity or harm." Al Suyuti then commented, "What bounty is greater than the bounty of the coming of this Prophet, the Prophet of Mercy, on that day?"

"This is regarding the basis of Mawlid. As for the activities, there should be only the things that express thankfulness to Allah, such as what has been previously mentioned: reciting Qu'ran, eating food, giving charity, reciting poetry praising the Prophet or on piety which moves hearts and drives them to do good and work for the Hereafter."

These are the derivations that those opposed to Mawlid call false conclusions and invalid analogies.
Imam Mohammed bin Abu Bakr Abdullah Al Qaisi Al Dimashqi.
Jami' Al Athar fi Mawlid, AlNabiy Al Mukhtar, Al lafz al ra'iq fi Mawlid khayr al khala'iq, and Mawlid al sadi fi Mawlid Al Hadi,

Eid-e-Milad un Nabi

Bismillah ir-Rahman ir-Rahim
Should we celebrate Mawlid
(The Prophet's (s) birthday)?

Yes we should celebrate it every year And every month and every week And every hour and every moment.
Dr. `Isa al-Mani` al-Humayri, Department of Awqaaf, Dubai (U.A.E) Office of Religious Endowments and Islamic Affairs, Dubai Administration of Ifta' and Research
We find nowadays publications filled with lies and deception which mislead many Muslims into thinking negatively about the honorable Mawlid of the Prophet. These publications claim that to celebrate the Mawlid is an act of innovation that goes against Islam. This is far from the truth, and it is therefore necessary for those who can speak clearly to help clarify and reverse the doubts surrounding this most blessed day. It is with this humble intention that I present the following proofs in support of celebrating our beloved Prophet's birthday.
The Prophet said, "He who innovates something in this matter of ours that is not of it will have it rejected." He also said, "Beware of innovations, for every innovation (kul bida`) is misguidance."
Those opposed to Mawlid cite this saying and hold that the word every (kul) is a term of generalization, including all types of innovations, with no exception, and that therefore, celebrating Mawlid is misguidance. By daring to say that, they accuse the scholars of Islam of innovation. At the top of the list of those they have accused, then, is our Master `Umar (r). Those in opposition to Mawlid quickly reply to this, "But we did not mean the Companions of the Prophet Muhammad."
It follows, then, that the meaning of every (kul) cannot be taken in its general sense. Therefore, although the Prophet may not have said to celebrate his blessed birthday, it is nonetheless not innovation to do so. For, as the following examples show, there were many actions and practices instituted by his close followers after his time that are not deemed innovation.
Compiling the Qu'ran.
(From a Prophetic saying related by Zaid Ibn Thabit.(r)) "The Prophet died and the Qu'ran had not been compiled anywhere. `Umar (r) suggested to Abu Bakr (r) to compile the Qu'ran in one book. When a large number of Companions were killed in the battle of Yamama, Abu Bakr wondered, "How could we do something that the Prophet did not do?' `Umar said, "By Allah, it is good.' `Umar persisted in asking Abu Bakr until Allah expanded his chest for it (Allah made him agree and accept these suggestions) and he sent for Zaid Ibn Thabit and assigned him to compile the Qu'ran." Zaid said, "By Allah if they had asked me to move a mountain, it would not have been more difficult than to compile the Qur'an." He also said, "How could you do something that the Prophet did not do?"
Abu Bakr said, "It is good, and `Umar kept coming back to me until Allah expanded my chest for the matter." The saying is narrated in Sahih Al Bukhari.
The Maqam of Ibrahim (as) in relation to the Ka'ba.
(Al Bayhaqi narrated with a strong chain of narrators from Aisha.) "The Maqam during the time of the Prophet and Abu Bakr was attached to the House, then `Umar moved it back." Al Hafiz Ibn Hajar said in Al Fath, "The Companions did not oppose `Umar,
neither did those who came after them, thus it became unanimous agreement." He was the first to build the enclosure (maqsura) on it, which still exists today.

Prayers (Salat) Volume 1, Book 8, Number 350

Narrated 'Umar bin Abi Salama:

The Prophet prayed in one garment and crossed its ends.

Prayers (Salat) Volume 1, Book 8, Number 349

Narrated Muhammad bin Al Munkadir:

I saw Jabir bin 'Abdullah praying in a single garment and he said that he had seen the Prophet praying in a single garment.

Volume 1, Book 8, Number 348

Narrated Muhammad bin Al-Munkadir:

Once Jabir prayed with his Izar tied to his back while his clothes were Lying beside him on a wooden peg. Somebody asked him, "Do you offer your prayer in a single Izar?" He replied, "I did so to show it to a fool like you. Had anyone of us two garments in the life-time of the Prophet?"

Prayers (Salat) Volume 1, Book 8, Number 347

Narrated Um 'Atiya:

We were ordered to bring out our menstruating women and veiled women in the religious gatherings and invocation of Muslims on the two 'Id festivals. These menstruating women were to keep away from their Musalla. A woman asked, "O Allah's Apostle ' What about one who does not have a veil?" He said, "Let her share the veil of her companion."

Prayers (Salat) Volume 1, Book 8, Number 346:

Narrated 'Aisha:

the mother of believers: Allah enjoined the prayer when He enjoined it, it was two Rakat only (in every prayer) both when in residence or on journey. Then the prayers offered on journey remained the same, but (the Rakat of) the prayers for non-travellers were increased.

Prayers (Salat) Volume 1, Book 8, Number 345:

Narrated Abu Dhar:

Allah's Apostle said, "While I was at Mecca the roof of my house was opened and Gabriel descended, opened my chest, and washed it with Zam-zam water. Then he brought a golden tray full of wisdom and faith and having poured its contents into my chest, he closed it. Then he took my hand and ascended with me to the nearest heaven, when I reached the nearest heaven, Gabriel said to the gatekeeper of the heaven, 'Open (the gate).' The gatekeeper asked, 'Who is it?' Gabriel answered: 'Gabriel.' He asked, 'Is there anyone with you?' Gabriel replied, 'Yes, Muhammad I is with me.' He asked, 'Has he been called?' Gabriel said, 'Yes.' So the gate was opened and we went over the nearest heaven and there we saw a man sitting with some people on his right and some on his left. When he looked towards his right, he laughed and when he looked toward his left he wept. Then he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' He replied, 'He is Adam and the people on his right and left are the souls of his offspring. Those on his right are the people of Paradise and those on his left are the people of Hell and when he looks towards his right he laughs and when he looks towards his left he weeps.'

Then he ascended with me till he reached the second heaven and he (Gabriel) said to its gatekeeper, 'Open (the gate).' The gatekeeper said to him the same as the gatekeeper of the first heaven had said and he opened the gate. Anas said: "Abu Dhar added that the Prophet met Adam, Idris, Moses, Jesus and Abraham, he (Abu Dhar) did not mention on which heaven they were but he mentioned that he (the Prophet ) met Adarn on the nearest heaven and Abraham on the sixth heaven. Anas said, "When Gabriel along with the Prophet passed by Idris, the latter said, 'Welcome! O pious Prophet and pious brother.' The Prophet asked, 'Who is he?' Gabriel replied, 'He is Idris." The Prophet added, "I passed by Moses and he said, 'Welcome! O pious Prophet and pious brother.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Moses.' Then I passed by Jesus and he said, 'Welcome! O pious brother and pious Prophet.' I asked, 'Who is he?' Gabriel replied, 'He is Jesus.

Then I passed by Abraham and he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Abraham. The Prophet added, 'Then Gabriel ascended with me to a place where I heard the creaking of the pens." Ibn Hazm and Anas bin Malik said: The Prophet said, "Then Allah enjoined fifty prayers on my followers when I returned with this order of Allah, I passed by Moses who asked me, 'What has Allah enjoined on your followers?' I replied, 'He has enjoined fifty prayers on them.' Moses said, 'Go back to your Lord (and appeal for reduction) for your followers will not be able to bear it.' (So I went back to Allah and requested for reduction) and He reduced it to half. When I passed by Moses again and informed him about it, he said, 'Go back to your Lord as your followers will not be able to bear it.' So I returned to Allah and requested for further reduction and half of it was reduced. I again passed by Moses and he said to me: 'Return to your Lord, for your followers will not be able to bear it. So I returned to Allah and He said, 'These are five prayers and they are all (equal to) fifty (in reward) for My Word does not change.' I returned to Moses and he told me to go back once again. I replied, 'Now I feel shy of asking my Lord again.' Then Gabriel took me till we '' reached Sidrat-il-Muntaha (Lote tree of; the utmost boundry) which was shrouded in colors, indescribable. Then I was admitted into Paradise where I found small (tents or) walls (made) of pearls and its earth was of musk."

THE BOOK OF PRAYER (Chapter 3-C) The conditions of Prayer (Sharaaet)

The 6 conditions of Prayer are as follows:

1. Purity - The body and the clothes of the one offering Prayer must be pure. Further, the place of worship must be clean. One must either have a bath (if the bath is compulsory) or else just the ablution (which is a must).
2. Concealing the body - This is also called Satr-e-Aurat. That is to conceal / cover the necessary parts of the body. For men, this consists of the body between the navel up to and including the knees. For women this consists of the entire body, except the face, hands and soles of the feet. Women must hide their faces from strangers whilst not in Prayers. Wearing clothes that are so thin that body colour is exposed will make the Prayer void. Similar is the case of the head scarf if the shine of hair is revealed. In fact, wearing such clothes is prohibited even outside Prayer.
3. Direction towards the “Qiblah” (Kaaba) - this is called "Istiqbaal-e-Qiblah". The face and the chest must be directed towards the “Qiblah”, whilst offering Prayer.

4. The Time of Prayer - proper timing is the fourth condition of Prayer. The time for Dawn Prayer starts from actual dawn and ends at the beginning of sunrise. It should be offered within this period. The time for Afternoon Prayer starts from the time the sun crosses its zenith until the shadow of any object becomes double its actual length. (The actual length means the length of a shadow when the sun is at the meridian - i.e. half distance between sunrise and zenith).

   The time for Evening (Asr) Prayer starts from the time the Afternoon (Zohr) Prayer ends, and finishes at sunset. The period of 20 minutes before sunset is undesirable (Makrooh), therefore one should complete the Evening Prayer before this. If the Prayer could not be offered before this due to some reason, then one should offer it during this period before sunset. The time for the Sunset (Maghrib) Prayer starts immediately after the setting of the sun, and ends upon the disappearance of twilight. The period for Night (Isha) Prayer begins upon the disappearance of twilight and lasts up to dawn. However, delaying it after midnight (half time between sunset and sunrise) is Disliked (Makrooh).

5. Intention (Niyah) - This is the fifth condition of Prayer. Shariah classifies “Niyah” as the firm intention within the heart. The lowest rank of such resolve is that when a person is asked about which Prayer he is offering, he should be able to answer the question promptly. If he answers after some consideration, the Prayer is void.

It is better (Mustahab) to declare the “Niyah” in a soft voice. There is no condition as to the language in which this should be said. It is better to have the intention in mind while proclaiming the “Takbeer Oola” (the first declaration of Allah's greatness, at beginning of Prayer).

6. “Takbeer Tahreemah” (declaration of Allah's greatness, which prohibits other actions except the Prayer.) - This is the sixth condition of Prayer. This means to recite aloud "Allahu Akbar" (Allah is the Greatest) to begin the Prayer.

Prayer becomes void if the word "Allah" is pronounced as "Aaallah" or if the word "Akbar" is pronounced as "Akbaar". Rather the person will become an infidel if the words are purposely pronounced this way whilst knowing their derogatory meanings.

Times when prayer is prohibited

The following are the times when Prayer is regarded Disliked (Makrooh).

• From sunrise until 20 minutes have elapsed.
• From 20 minutes before sunset, until sunset.
• Mid morning (meridian noon) until sun reaches the zenith.

Within these periods Prayer of any type or the Prostration (for Quran recitation, etc.) is not permitted. Except within these periods, all the lapsed Prayers and the Voluntary Prayers can be offered at any time. However, Voluntary Prayers are not permitted after dawn until sunrise and after one has offered the Evening Prayer until sunset. Both Sunnah and Nafil Prayers are prohibited during the time of the Sermon.

THE BOOK OF PRAYER (Chapter 3-B) The Rakaats in Prayer

The Rakaats in Prayer

(A single round of bodily actions within a Prayer, is called a “Rakaat”. )

Dawn (Fajr) Prayer: Total of 4 “Rakaats” - in the following order: 2 Emphasised Sunnah (Muakkadah), 2 Obligatory (Farz).

Afternoon (Zohr) Prayer: Total of 12 “Rakaats” - in the following order: 4 Emphasised Sunnah (Muakkadah), 4 Obligatory (Farz), 2 Emphasised Sunnah (Muakkadah), 2 Voluntary (Nafil).

Evening (Asr) Prayer: Total of 8 “Rakaats” - in the following order: 4 Non-Emphasised Sunnah (Ghair Muakkadah), 4 Obligatory (Farz).

Sunset (Maghrib) Prayer: Total of 7 “Rakaats” - in the following order: 3 Obligatory (Farz), 2 Emphasised Sunnah (Muakkadah), 2 Voluntary (Nafil).

Night (Isha) Prayer: Total of 17 “Rakaats” - in the following order: 4 Non-Emphasised Sunnah (Ghair Muakkadah), 4 Obligatory (Farz), 2 Emphasised Sunnah (Muakkadah), 2 Voluntary (Nafil), 3 Essential (Wajib Witr), 2 Voluntary (Nafil).

Some Sunnah Prayers are Emphasised (Muakkadah) - for which Shariah has stressed upon. Leaving it without proper excuse makes one liable for censure, and abandoning it makes one a sinner, disqualified from giving witness and deserving of fire. (These should not be purposely abandoned even during travel.) Some Imaams have said that one who abandons these will be deemed astray, and a sinner although his sin less than that of leaving an Essential (Wajib). Leaving the Sunnah habitually is close to forbidden (Haraam) and it is feared that (We seek Allah's refuge) such a person may remain deprived of the Holy Prophet's () intercession. The Holy Prophet () has proclaimed: "Whoever abandons the Sunnah will not obtain my intercession."