Islam

 

Short Answers

To

Key Current Questions

 

 

 

Prepared by the

Center for Understanding Islam

www.cuii.org

Editors

Dr. Robert Dickson Crane

Dr. Mohammad Ali Chaudry

 

August 2003

 

CUI MISSION

The Center for Understanding Islam seeks to present an enlightened understanding of Islam in America.

***

GOALS

· Organize workshops and seminars on Islam

· Publish discussion guides, articles, and books on  FAQs (frequently asked questions) and build a library

· Provide commentators for radio, TV, and the print media

· Marshal expertise of scholars on issues of conscience

· Organize retreats for Muslim and non-Muslim youth and community leaders

· Organize a Speakers Bureau on Islam

***

Publications

· ISLAM, Short Answers to Key Questions (2002, 2003)

· Projecting a Common Vision for America (2003)

· Curriculum Supplement on Islam (2003)

***

Media Outreach

CUI President serves as community spokesperson on radio and in print media.

 

ISLAM

SHORT ANSWERS TO

KEY CURRENT QUESTIONS

Contents

CUI Mission and Goals

Preface

Loyalty ……………………………………….. 5

Gender Equity ……………………………… 6

Democracy …………………………………. 9

Jihad ………………………………………… 10

Fundamentalist Extremism and Terrorism .. 11

Non-Muslims ……………………………… 14

Toward a Common Vision for America: … 16

 

Appendix: Presentation Materials You Can Use 24

The Spirit of Islam

Outline of an Introductory Presentation on Islam

for Use by CUI Trained Speakers

 

Contact CUI ……………………………………… 27

 

 

 

PREFACE

The Center for Understanding Islam initiated this project to help Muslims develop principled answers to key currently popular questions about the teachings of Islam. Our strategy is to guide a process of outreach to scholars within the wider Muslim community and other interested persons in order to expand the following short answers and supply them with quotations and citations from the Qur’an, Hadith, and commentaries for publication as a book. This book and other scholarly analyses of these and other questions will be posted on the CUI web site (www.cuii.org) as part of the Center’s role as a think tank and as a clearing-house for similar efforts by other Muslim groups.

The web site is updated regularly as new material is developed through conferences of scholars, imams and educators in order to keep up with the changing nature and priorities of questions raised by contemporary trends and events. The overall purpose is to help Muslims offer a common framework for explaining the wisdom of Islam in the contemporary world.

This modest booklet is a result of intense discussions among CUI Board members and supporters and would not have been possible without invaluable help from Mr. Ajaz Ahmad, Sr. Hamida Amanat, Dr. M. Ali Chaudry, Dr. Robert Dickson Crane, Mr. Akram Choudhry, Dr. Shahid Haque, Mr. Mahmud Haq, Ms. Patricia McCann, Dr. Moiz-ul-Matin, Dr. Athat Murtuza, Dr. Azhar Siddiq, Dr. Raheel Siddiq, and participation from many dedicated supporters of the CUI mission.

 

 

I

Loyalty

Is there a conflict between Islam and America? Does one have to choose between being an American and a Muslim?

Our country is America and our faith is Islam. Therefore, there is no need to choose between them.

_______________

The good Muslim in America is a loyal and law-abiding citizen. The reason for this is that the principles that governed and motivated the founders of America are identical with the principles developed by the classical scholars of Islam many centuries earlier.

The Message of Allah is perfected in truth and justice. (Surah al An’am 6:115)

And of those We have created is a community that is guided by truth and applies it in the form of justice.

The traditionalist movement that gave rise to classical America was based on divine revelation and enlightened human reason, just as was the movement that produced classical Islam. Both rejected the exclusivism of clerical, ethnic, and class loyalties in order to give birth to new civilizations based on human dignity and on the human rights and responsibilities inherent in every person. Both condemned racism and persevere to eradicate it.

The first civic responsibility of every loyal American, both Muslim and non-Muslim, is to support the government when it governs according to founding principles and loyal opposition when it does not. A broader responsibility of Muslims in academia and in civic institutions is to cooperate with concerned citizens and members of other faiths and beliefs in shaping the framework of thought that governs the institutions of society. In this way one can develop and promote policy agendas that reflect the spiritual awareness and moral vision of America's founders and great leaders.

Muslim Americans share with other Americans universal religious values and principles and a commitment to abide by them. Their contributions form an important complement to the American body politic in its classic, ongoing challenge to serve as a non-hegemonic, moral model for the world.

 

II

GENDER EQUITY

What is the status of women in Islam? What is their role in Muslim societies?

Women and men are equal in all human rights. Muslim societies are beginning to revive and practice this fundamental teaching of Islam.

_______________

The Qur’an affirms that there is no difference in the souls of men and women, and they are equal in the sight of God. Their rights are equal. The generic differences in their psyche and physique, however, may call for different priorities in their responsibilities.

The Qur’an teaches that the first man, Adam, and the first woman, Eve, came from the same source of life.

O humankind! Reverence Your Guardian, Lord, Who created you from a single Person (soul), created, of like nature, its mate, and from the two scattered (like seeds) countless men and women. Reverence God, through Whom you demand your mutual (rights), and (reverence) the wombs (that bore you), for God ever watches over you. (Surah al Nisa’a 4:1)

O humankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that you may know each other (not that you may despise each other). Verily, the most honored of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things). (Surah al Hujurat 49:13)

God judges human beings only by the criteria of faith and acts of piety, irrespective of gender.

God has prepared forgiveness and a great reward for Muslim men and women [those who submit to the Will of God], for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage in God’s praises. (Surah al Ahzab 33:35)

Never will I suffer to be lost the work of any of you, whether male or female. You are members, one of another. (Surah Ali Imran 3:195)

To men is allotted what they earn, and to women what they earn. (Surah al Nisa’a 4: 32)

The revolutionary liberation of women in early Islam was unmatched anywhere in the world for the next 1,400 years. Women owned property in their own right, rather than being property; they kept their original names after marriage and had full rights to decide when to marry and when to divorce; for the first 40 years of the Muslim community, the person in-charge of the economy was a woman; and during the first 100 years, there were 2,000 women judges. There are few ahadith about the right of women to serve as leaders in society, because in the early years of Islam they served in all capacities. The issue of whether they were entitled to do so did not even arise until after the time of the first four caliphs when pre-Islamic cultural practices began to be reasserted. In recent years, Muslim countries ranging from Turkey in the West to Pakistan, Bangladesh, and Indonesia in the East have elected women heads of state.

Despite this egalitarian spirit emanating from the Qur’an, the actual practices in most Muslim societies have diverged from it. With the passage of time and the expansion of the Muslim rule over diverse areas with their own cultural traditions, the status and treatment of women in Muslim societies deteriorated.

Therefore, it is not Islam, but Muslim societies that need reform. Nowhere in the Qur’an does it state that men are superior to women intellectually, spiritually, or morally; that men are "in charge of women"; that men are natural leaders of society; that men should ‘rule’ the family and demand obedience from women; that women should not work outside the home; or that their participation in society is inherently marginal.

In Islam a woman as a mother is superior to man. For all other life situations she is equal to man and is allowed to do anything and everything that a man is allowed to do.

Both men and women must dress modestly, but women’s physique requires that more of a woman’s body be covered in public. Modesty affects attire, demeanor, attitude, and movements. These general guidelines become social traditions based on local customs.

And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw veils over their bosoms and not display their beauty except to their husbands, their fathers, their husbands’ fathers, and their sons. (Surah al Noor, 24:31)

 

 

 

 

 

III

Democracy

Is Islam compatible with democracy? Is the American system compatible with the shari’ah?

Islam requires representative government based on recognizing the ultimate sovereignty of God and the rule of law. Islam teaches that people should participate in decisions that impact their lives.

_______________

Islam is compatible with democracy to the extent that both are egalitarian ideologies that respect the individual person as the subject and origin of sovereignty. Both Islam and democracy condemn the concentration of power at the highest levels of human organization, because this conflicts with the principle of subsidiarity that underlies contemporary Islamic and Christian teachings. This principle of subsidiarity provides that all problems should be solved at the lowest possible level in the political hierarchy, with resort to higher governmental authority only to the extent necessary to achieve justice.

In his Farewell Message, the Prophet Muhammad (peace be upon him) warned: "Beware of Satan, for the safety of your religion. He has lost all hope that he will be able to lead you astray in big things, so beware of following him in small things."

The universal purpose or principle of political freedom, known as haqq al hurriya in Islamic law, provides that political authority should flow in practice from the bottom up rather than from the top down. This gives legitimate authority to communities within nations, to nations within the world community, and then to the community of nations in the world. This universal principle acknowledges that sovereignty originates at the level of the individual human without any intermediaries between the person and God, and therefore rejects the secular concept of the "state" as the ultimate and only sovereignty in human affairs.

Classical America and classical Islam both insisted on the principle of a republic, which by definition recognizes the higher sovereignty and authority of God. Both agree that the legislators are bound by the guidance of divine revelation and natural law (known in Islam, respectively, as wahy and as the sunnatu Allahi). And both are bound by judges who are either appointed or elected to interpret and apply the constitution and body of higher principles on which the American and the Islamic systems are founded.

The American founders and Islamic scholars could not conceive of separating religion from public life, but they guarded against the domination of one religious group over another. Jefferson led the movement to separate Church from State in order to overcome the political disunity that would result when one denomination is established or declared to be the state religion. Neither he nor any other founder, however, ever declared or could even conceive of the possibility that a free people could remain free if the wisdom of religion were eliminated from public life. Jefferson taught that representative government can succeed only if the people are educated, that education consists above all in teaching virtue, and that virtue flourishes only when both public and private life are informed by the wisdom of enlightened religion.

 

 

 

IV

Jihad

What is jihad?

 

Islam supports peace based on justice. It permits the use of force as a last resort to defend human rights. Muslims are encouraged to stand against tyranny.

_______________

The term "jihad" is used both by some Muslims and by most Orientalists and critics of Islam to equal the Christian term "crusade" or "Holy War." No war has ever been termed holy in Islam, because, like divorce, it is the worst of all permitted actions. The necessity of armed conflict in defense of human rights is accepted in Islamic law, but only the heroic actions of individual Muslims in the cause of such defense can be honored and revered.

The Arabic term "jihad" means effort and is of three kinds:

1. The jihad al akbar or "greatest jihad" is the effort or struggle to understand the true word of God and to control one’s human impulses in order to achieve real peace by submitting to the will of God.

2. The jihad al saghrir or asghrar, the lesser jihad, is the community-approved joint struggle using armed force to defend the seven universal principles of human rights against attack by armed aggressors.

3. The jihad al kabir or "great jihad" is mentioned only in the Qur’an (Surah al Furqan 25:52), whereas the other two are mentioned in both the Qur’an and the ahadith. This is the intellectual jihad, which is the universal principle that requires respect for knowledge, including freedom of thought, publication, and assembly. This jihad is a permanent effort. It is the responsibility of concerned citizens and those in leadership positions to bring the wisdom of Islam to bear on all issues of conscience.

 

V

Fundamentalist Extremism and Terrorism

What are fundamentalism, extremism, and terrorism?

Islam teaches openness to others, balance, and kindness. It opposes exclusivist fundamentalism, as well as extremism and terrorism in all societies and religions. Islam condemns terrorism in every form.

_______________

The original meaning of fundamentalism was taking the Bible as divine revelation word for word from God. Another meaning of fundamentalism is believing and abiding by the fundamentals of any religion. Today, fundamentalism in popular parlance refers to narrow-minded extremism both in belief and in dealing with other people. It can and sometimes does lead to violence and terrorism.

Such extremism violates several of the universal principles of Islamic law, especially respect for the purity of divine revelation, respect for human dignity, and respect for political freedom and self-determination.

Be on your guard against small-mindedness, for [it] destroyed those who were before you [by inciting] them to shed blood and to make lawful what was unlawful. Hadith (Sahih Muslim, Hadith 1178)

Extremism is emphasis on one aspect of a religion to the exclusion of the rest, combined with a commitment to impose one’s views on either one’s co-religionists or others. Extremism results from emphasis on the externals of a religion without awareness or acknowledgement of its inner beauty and wisdom. This may result in the manipulation or exploitation of religion for secular ends, such as political power as an ultimate goal.

Extremism may also result from exclusive focus on the spiritual essence of a religion without awareness or acknowledgment of one’s responsibility to apply one’s insights in moral action. Or extremism may consist of belief in an esoteric teaching of a religion that conflicts with other basic teachings.

The dichotomy between Dar al Islam and Dar al Harb, which is touted by many extremist Muslim scholars and Orientalists, is foreign to the Qur’an. It cannot be used to demonize all non-Muslim countries as enemies. Some legitimate distinctions, however, are used, such as Dar al Ijaba, which means the lands of those who have accepted Islam, in contrast to Dar al Da’wa, which means the lands where Islam still must be explained, or Dar al Taqwa, meaning the land of those who stand in loving awe of Allah, in contrast to Dar al Ahd, which means the lands of those with whom one has treaties of friendship and cooperation.

Although scholars have advanced more than one hundred definitions of terrorism, an official U.S. definition was adopted in 1989 by President George Herbert Walker Bush’s Cabinet Task Force on Terrorism. "Terrorism is the use of violence or the threat of violence on a group that is not necessarily the source of your concern in order to coerce the target group into doing something or stop doing something."

In general, terrorism is the use of violence against innocent people to affect the behavior of those with whom one disagrees for ideological or political reasons. Acts of violence against innocents are always condemned by all religions, including Islam. According to the Qur’an, terrorism is never legitimate against anyone, because it violates the basic right to life:

If anyone slew a person – unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people. (Surah al Ma’ida 5:35)

Do not kill women or children or non-combatants.( Hadith)

The use of physical force in Islam is permitted only to defend the human rights of oneself or others against aggressors or armed occupiers. The requirements for the legitimate use of force in either internal revolution or external war are strict and are clearly spelled out in the Qur’an, hadith, and legal texts.

Fight in the cause of God those who fight you, but do not transgress limits. (Qur’an 2:190; 4:175, 5:9; 6:151, 22:39-40; 42:41-43)

The use of non-violence as a strategy to combat evil has been employed in the appropriate circumstances by some of Islam’s greatest leaders.

Nor can goodness and evil be equal. Repel [evil] with what is better. … And no one will be granted such goodness except those who exercise patience and self-restraint, none but persons of the greatest spiritual blessing. (Surah Ha Mim 41:34-35)

Risking one’s life in the course of either legitimate violence or non-violence is permitted, even if the probability of death is very high, but deliberately ending one’s life is suicide and is never permitted in any circumstances.

Do not kill yourselves. (Surah al Nisa’a 4:29)

 

VI

NON-Muslims

Are all non-Muslims kafirs who are going to hell? Can non-Muslims be friends with Muslims?

Sincere seekers of truth who practice good works may go to heaven and may be friends of Muslims. Protecting religious freedom of all peoples is an act of worship in Islam.

_______________

The Qur’an distinguishes among non-Muslims between "those who have a disease in their hearts" (Surah al Ma’ida 5:55) and those who do not: "There is from among them a party on the right course, but many of them follow a course that is evil" (Surah al Ma’ida 5:69). This is followed by the clarification that Muslims and non-Muslims alike may go to heaven to the extent that they believe in God and His judgment and practice good works.

Those who believe [in the Qur’an] and those who follow the Jewish [scriptures] and the Christians and the Sabians and who believe in God and the last day and work righteousness shall have their reward with their Lord; on them shall be no fear nor shall they grieve. (Surah al Ma’ida 5:72; also Surah al Baqara 2:62)

Non-Muslims can and should be friends with Muslims, but Muslims should never rely on non-Muslims as spiritual guardians or awliya, which unfortunately has often been translated simplistically as "friends."

God only forbids you to make friendship with those who fought you on account of your faith and drove you out of your homes and backed up others in your expulsion. (Surah al Mumtahina 60:9)

Let there be no compulsion in religion. (Baqara, 2:256)

Your duty is to make (the message) reach them; it is Our part to call them to account. (Surah Thunder, 13:40)

The term kafir is used in many senses in the Qur’an, with denotations ranging from those who simply have not made the profession of faith as a Muslim to those who have a disease in their hearts and are self-declared enemies of all Muslims. Confusion results when a person calls another person a kafir with the intent to assert that he or she is going to hell simply because of a difference in belief. Calling another person a kafir in this sense violates freedom of religion as an essential element of human dignity, because it refers to one use of the root k-f-r

meaning deliberately to hide something. To brand someone a kafir in this sense is to assert that the person is deliberately denying and hiding what he or she knows to be true of Islam. This cannot apply to all non-Muslims, because conversion to Islam is an act of God and is not within the sole discretion of the individual person. Since only God can know what is in a person’s heart, whenever one calls another person a kafir to imply that this person is going to hell, one is usurping the role of God.

Unto every one of you have We appointed a [different] law and way of life. And if God had so willed, He could surely have made you all one single community; but [He willed it otherwise] in order to test you by means of what He has vouchsafed unto you. Compete, then, as in a race with one another in doing good works! (Surah al Ma’ida 5:51)

 

VII

Toward a Common Vision for America

by Dr. Robert Dickson Crane

Within the shadow of Ground Zero across the Hudson River in northern New Jersey, three like-minded organizations, the Center for Understanding Islam, the Center for Spiritual Enrichment, and People of Peace and Justice, have cooperated in an interfaith outreach effort of education and coalition building to counter the hatred and bigotry that developed within the majority Christian community as a result of the 9/11 attack on America. This ecumenical outreach effort has focused also on overcoming the fear and loss of self-confidence that threatened to radicalize elements of the minority Muslim community and paralyze any efforts by the mainstream Muslims in self-defense.

A fundamental purpose of this interfaith effort is to develop awareness of the fundamental identity between the wisdom of the great classical scholars of Islam and the wisdom of classical America in the traditionalist movement that led to the American Revolution. This common vision can provide the framework for educating both Muslims and non-Muslims on the constructive role that Islam and Muslims can play in renewing American civilization so that it can become what its Founders envisioned as a moral leader in the world. The Founders’ basic paradigm of thought, as well as the basic framework of Islamic thought, is justice.

An important step in this outreach effort has been the consensus reached among the three lead organizations, the Center for Understanding Islam, the Center for Spiritual Enrichment, and People of Peace and Justice, on the definition of justice as a set of specific human responsibilities and rights that derive from the spiritual nature of the human person.

The initial formulation presented by the Center for Understanding Islam was based on what the Muslim participants described as the "Legacy of the Prophet." In their ecumenical perspective, the legacy of all the Prophets of God , alayhi al salam, is the revival of the essence of all religion, which consists of four essentials. He revitalized personal awareness and loving awe of God, which Muslims call taqwa, and a resulting commitment to truth and justice. These two essentials of faith in Islam and of every world religion reinforce each other. The neglect of either one can result in extremism. Without love and mercy, the pursuit of justice can result in cruelty and oppression. And without a commitment to establish a just society wherever one lives, one’s love of God can not have real meaning in the world.

The other two essentials are the basic philosophical principles known as tawhid and mizan. Tawhid refers to the concept that everything in the universe is interrelated with everything else in a coherent whole, and that this unity is the inevitable result of the Oneness of the Ultimate, the Creator of all, whom the Muslims and Arab Christians refer to as Allah, the non-Arab Christians call God, and the Jews call Elohim or Jehovah.

The second philosophical principle, known as mizan, comes from the first one. Mizan means balance. Since God created the universe as a balanced whole, as expressed throughout the Qur’an, a task of every human is to help perfect this balance by avoiding extremism. When one over-emphasizes any one pursuit or goal in life, one can become an extremist by neglecting the others.

A framework for maintaining balance in life is provided by Islamic law and is its very purpose. This framework is a hierarchical system of human responsibilities and rights. For example, one has a responsibility to defend one’s family and community, and one has an equal responsibility to respect individual human life. Those who kill innocents in the alleged defense of their community clearly have lost balance. This violates the design of Allah. It is extremist and therefore immoral.

The indignities of miserable poverty and cruel oppression can produce alienation, desperation, and extremism. Unfortunately, Muslims have suffered more than their share of both these causes and effects in the world, but this is no excuse for the resulting extremism. Regardless of how understandable it might be, extremism and the resulting violence is immoral and un-Islamic.

Extremism does not have to result from indignities, but it will unless there is a source and framework for hope. The source must be spiritual, based on taqwa. The framework must be a coherent body of human responsibilities and rights, based on a mutually reinforcing combination of divine guidance through revelation, wahy, and natural law, which Muslims call the sunnatu Allahi or signs of divine order in the universe. Without this intellectual framework, people wander in an intellectual void, and this, in turn, can produce a spiritual malaise.

Over the long run, the most productive initiative by the still largely silent majority of Muslims in marginalizing Muslim extremists is to fill the intellectual and spiritual void that serves as an ocean in which the extremists can swim. This initiative can provide the favorable environment needed for Muslims to ally with like-minded Christians and Jews in order to show that classical Islam and classical America are similar, even though many people do not understand or live up to the ideals common to both.

Teaching and emphasizing that the founders of America and the great scholars of Islam shared the same vision is the best way to convince the extremists that their confrontational approach to the "other" is counter-productive. Recognizing this commonality of purpose in life is the only way to overcome the threat mentality of those who are obsessed with conspiracy theories and think only about their own survival. Promoting an opportunity mentality of hope is the only way to convince the extremists that only those can truly prosper over the long run who can transcend their own self-centered interests in order to join with those who are no longer merely the "other" but now are members of a single pluralist community.

Shifting from a threat mentality to an opportunity mentality requires hopeful commitment to peace through justice in reliance on God. Justice is another word for the Will or Design of God, the mashiyat. It is also considered to be another term for the body of Islamic normative law. These norms or general principles, according to Islamic thought, provide the intellectual framework to understand and address all of reality.

The entire purpose of the Qur’an is implied in the last verse of Surah Ibrahim: "Here is a message for humankind. Let them take warning therefrom and let them know that He is (no other than) One God. Let persons of understanding take heed." Yusuf Ali comments: "Here is another aspect of the Truth of Unity. God being One, all justice is of one standard, for Truth is one, and we see it as one as soon as the scales of phenomenal diversity fall from our eyes. The one true Reality then emerges."

For the scholar, the best short introduction to this framework of Islamic thought may be found in the monograph, "Usul al Fiqh al Islami: Source Methodology in Islamic Jurisprudence," by Shaykh Taha Jabir al ‘Alwani, who for more than fifteen years has been President of the Fiqh Council of North America, a member of the OIC Islamic Fiqh Academy in Jeddah, and a founding member of the Council of the Muslim World League in Makkah. This monograph, published by The International Institute of Islamic Thought in Herndon, Virginia, in 1990 is a summation of his doctoral dissertation in 1972 at Al Azhar University in Egypt.

For discussion among scholars, it is important to note that the art of Islamic normative law is part of the Islamic science of usul al fiqh or the roots of the shari’ah, and specifically was developed within the sub-context of maslaha mursala, which addresses the good of the community. Within this discipline of maslaha, normative law was developed over the centuries by the use of three distinct methodologies. The first is maslaha al mu’tabara, which is based exclusively on an explicit hukm or ruling in the Qur’an or Sunnah. The second is based on istislah, which denotes restoratrion or reform, based on the root s-l-h, which means peace and prosperity through right order. This methodology is based on the values of Islam revealed in the Qur’an and Sunnah through induction from the parts to the whole. The third is based on istihsan. This comes from hasana, which means simply to be good, and is the most free-wheeling of the three. All reject ra’i or personal opinion in developing jurisprudential guidance and preserving the purity of divine revelation. These three can be mutually compatible and reinforcing, particularly in developing a framework not merely for law in a narrow sense but for public policy and for the development of Muslim think-tanks.

In order to fill the intellectual void both in the Muslim global community and in the minds of some Muslim intellectuals, Muslims need to emphasize the universal principles of Islamic normative law, known as the maqasid al shari’ah, especially as developed by the greatest master of the art, Al-Shatibi, using the methodology of istislah. These principles spell out precisely the human rights that some skeptics have asserted do not exist in Islam. These maqasid, following the methodology instituted by the Prophet Muhammad and perfected in the architectonics pioneered six centuries ago by Al-Shatibi, are considered to consist of seven responsibilities, the practice of which actualize the corresponding human rights.

Al Shatibi taught that the number of maqasid is flexible, as are the subordinate levels and architectonics of purpose, the hajjiyat and tahsiniyat, because the entire field of Islamic normative law is a product of ijtihad or intellectual effort. This commitment to ijtihad, which has been almost dead for six hundred years, is called for specifically in the Qur’an as the jihad al kabir, "And strive with it [divine revelation] in a great jihad," wa jihidhum bihi jihadan kabiran (Surah al Furqan 25:52).

The first maqsud, known as haqq al din, provides the framework for the next six in the form of respect for a transcendent source of truth to guide human thought and action. Yusuf Ali notes in reference to Ssurah al Baqara 2:193 that din is one of the most comprehensive terms in the Qur’an and can be translated simply as justice but with associated meanings in English expressed as duty and faith, all of which for a Muslim constitute religion. In his monumental translation and commentary (tafsir), Muhammad Asad translates din in this verse as "worship" of God as the ultimate being. Like many words in the Qur’an, the word haqq also contains many associated meanings, including God, truth, and human rights.

God instructs us in the Qur’an, wa tamaat kalimatu Rabika sidqan waadlan, "and the word of your Lord is perfected in truth and justice." Recognition of this absolute source of truth and of the responsibility to apply it in practice are needed to counter the temptations toward relativism and the resulting chaos, injustice, and tyranny that may result from de-sacralization of public life.

Each of these seven universal principles is essential to understand the next and succeeding ones. The first three operational principles, necessary to sustain existence, begin with haqq al nafs or haqq al ruh, which is the duty to respect the human person. The ruh or spirit of every person was created by God before or outside of the creation of the physical universe, is constantly in the presence of God, and, according to the Prophet Muhammad, salla Allahualayhi wa salam, is made in the image of God. This is the basis of the intimate relationship between God and the human person as expressed in the Qur’anic ayah, "We are closer to him than is his own jugular vein."

This is also the basis of the prayer offered by the Prophet and by countless generations of Muslims for more than a thousand years: Allahumma, inna asaluka hubbaka wa hubba man yuhibbuka wa hubba kulliamali yuqaribuni ila hubika, "O Allah! I ask You for Your love and for the love of those who love You. Grant that I may love every action that will bring me closer to Your love."

At the secondary level of this principle, known as hajjiyat or requirements, lies the duty to respect life, haqq al haya. This provides guidelines in the third-order tahsinniyat for what in modern parlance is called the doctrine of just war.

The next principle, haqq al nasl, is the duty to respect the nuclear family and the community at every level all the way to the community of humankind as an important expression of the person. This principle teaches that the sovereignty of the person, subject to the ultimate sovereignty of God, comes prior to and is superior to any alleged ultimate sovereignty of the secular invention known as the State.

This principle teaches also that a community at the level of the nation, which shares a common sense of the past, common values in the present, and common hopes for the future, such as the Palestinians, Kurds, Chechens, Kashmiris, the Uighur in China, and the Anzanians in the Sudan, has legal existence and therefore legal rights in international law. This is the opposite of the Western international law created by past empires, which is based on the simple principle of "might makes right."

The third principle is haqq al mal, which is the duty to respect the rights of private property in the means of production. This requires respect for institutions that broaden access to capital ownership as a universal human right and as an essential means to sustain respect for the human person and human community. This principle requires the perfection of existing institutions, especially those that maintain a monopoly of access to credit, in order to remove the barriers to universal property ownership so that wealth will be distributed through the production process rather than by stealing from the rich by forced redistribution to the poor. Such redistribution can never have more than a marginal effect in reducing the gap between the inordinately rich and the miserably poor, because the owners in a defective financial system need not and never will give up their economic and political power.

The next three universal principles in Islamic law concern primarily what we might call the quality of life. The first is haqq al hurriya, which requires respect for self-determination of both persons and communities through political freedom, including the concept that economic democracy is a precondition for the political democracy of representative government.

The secondary principles required to give meaning to the parent principle and carry it out in practice are khilafa, the ultimate responsibility of both the ruled and the ruler to God; shura, the responsiveness of the rulers to the ruled, which must be institutionalized in order to be meaningful; ijma, the duty of the opinion leaders to reach consensus on specific policy issues in order to participate in the process of shura; and an independent judiciary.

This universal principle of Islam was observed only in the breech throughout much of Muslim history, and especially in the modern era. All of the great Islamic scholars were imprisoned, often for years and even decades, for teaching this requirement of political freedom. This speaks well for those who have tried to preserve the purity of divine revelation, but poorly for those who pretended to practice it.

The second of these last three maqasid is haqq al karama or respect for human dignity. The two most important hajjiyat for individual human dignity are religious freedom and gender equity. In traditional Islamic thought, freedom and equality are not ultimate ends but essential means to pursue the higher purposes inherent in the divine design of the Creator for every person.

The last universal or essential purpose at the root of Islamic jurisprudence, which can be sustained only by observance of the first six principles and also is essential to each of them, is haqq al ‘ilm or respect for knowledge. Its second-order principles are freedom of thought, press, and assembly so that all persons can fulfill their purpose to seek knowledge wherever they can find it.

This framework for human rights is at the very core of Islam as a religion. Fortunately, this paradigm of law in its broadest sense of moral theology is now being revived by what still is a minority of courageous Muslims determined to fill the intellectual gap that has weakened the Muslim umma for more than six hundred years, so that a spiritual renaissance in all faiths can transform the world.

 

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Appendix

Outline of an Introductory Presentation on Islam for Use by CUI Trained Speakers

The Spirit of Islam

Prepared by Dr. M. Ali Chaudry

Basic Beliefs

Islam means submission to the Will of God; root word, Salam, means Peace. (Followers of Islam are called Muslims.)

Belief in angels and revelation

Belief in all prophets -- Muhammad, Jesus, Moses, Abraham, …

Belief in the Day of Judgment and life hereafter; accountable for deeds

Belief in God as the ultimate planner of the universe and of our lives

Belief in the necessity of spiritual effort to seek knowledge

Sources of Spiritual Guidance

The Holy Qur’an, the word of God revealed to Prophet Muhammad through angel Gabriel.

Contains 114 Surahs (chapters), including one entitled Maryam (Mary, mother of Jesus)

Hadith - Sayings of the Holy Prophet Muhammad, peace be upon him (PBUH)

Ijtihad – Intellectual Jihad - Interpretations of the Qur’an and Hadith by Islamic scholars as an indirect source of learning, which continues today with a focus on how to follow the will of God and do good deeds.

The Five Pillars of Islam

Shahada (Declaration of Faith)

"There is no god, but God and Muhammad is His Messenger."

Three important aspects of this declaration are worth noting:

Personal commitment made by the individual, directly to God

Allah is Arabic for the same one God, the Almighty creator worshipped by other people of faith

While Muhammad is considered the final Messenger of God, Muslims believe in all prophets, including Jesus, Moses, Abraham, … that God sent to different communities

Salat (Prayer to remember God; required of all adult men and women)

Daily Prayers, five times a day (at dawn, early afternoon, mid-afternoon, after sunset, night). The first chapter of the Holy Qur’an is recited in each unit of prayer and a prayer is said for Prophets Muhammad and Abraham and their progeny after every two units of prayer. These prayers vary in length and may take 5 to 30 minutes.

Congregational Prayer is held on Friday afternoon, Jumm’a - the Day of Gathering. Men are expected to perform this prayer in a mosque; women may join in, but are not required to go to a mosque.

Taraweeh Prayers in the month of Ramadan during which the Imam recites the entire Qur’an from memory.

Saum (Fasting during Ramadan (9th month of the Islamic calendar)

Learning self-restraint and submission to the Will of Allah

Practicing compassionate charity.

Zakat (Charity: 2.5% of wealth each year is to be given to charity)

This fund is meant to help the needy in the community

It not to be used to build a mosque or pay an Imam, the spiritual leader

It cannot be given to any descendent of Prophet Muhammad (pbuh)

Hajj (Pilgrimage to Mecca, once in life, if able bodied and can afford it)

A series of symbolic acts that constitute an educational summary of all the teachings of Islam, a veritable "university" of Islam

A symbol of equality of all Muslims regardless of gender, race, national origin, and wealth, and a symbol of loving submission to God

The Hajj changed Malcolm X and the African American Muslim community.

Important Islamic Holidays

Muslims follow a lunar calendar with each month beginning based on sighting of the moon.

Eid-ul-Fitr following the end of fasting during the month of Ramadan, 9th month on the Islamic calendar.

Eid-ul-Adha, the feast of the sacrifice at the end of the hajj, which commemorates the sacrifice Prophet Abraham was willing to make of his first born son, Ishmael. Muslims sacrifice a lamb or another animal. The meat is divided into three portions – one third for the needy, one third for neighbors and relatives, and only one third may be consumed by the family.

Other Key Dates

Lailat-ul-Qadr (The Night of Power) - one of the odd nights during the last third of Ramadan commemorating the initial revelation of the Qur’an.

Birthday of Prophet Muhammad – Reflecting on the life example of the Prophet; practice varies.

Ashura, tenth day of Muharram, the first month in the Islamic Calendar – commemorating the tragedy of the death of the grandson of the Prophet, Imam Hussain at Karbala in Iraq.

Dietary Injunctions

Alcohol, pork, blood, and carrion are forbidden

All food should be prepared with a blessing in order to be halal

Customs

Hijab (veil): Men and women are expected to dress modestly at all times. The practice of wearing the veil varies in different Muslim countries according to local customs.

Shaking Hands: Some Muslim women may not shake hands with men and vice versa.

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