Islam for Non-Muslims
- RELIGIOUS FAITHS VS IRRELIGIOUS IDEAS
- ISLAM AS A RELIGION
- ISLAM AS A WAY OF LIFE
Understanding Controversial Issues in Islam
48: UNDERSTANDING SOME CONTROVERSIAL ISSUES OF ISLAM (Female Dress Code, Polygamy, Divorce, Penal Code, Holy War, Terrorism, Slavery, Inheritance, Charity, Animal Sacrifice)
Introduction: This article aims to address selected Islamic provisions and practices that are often targets of criticism from those who are yet to know about their right meaning, true significance or real purpose in Islam.
(1) Conservative Dress Code for Muslim Women: (a) What Is It? Islamic dress code for the Muslim women requires them to cover most parts of their body including head known as ‘hijab’. Exemption applies to face and hand and also feet, according to some Muslim scholars. However, their dress code does not take away their rights to necessary outdoor movement, if properly clothed.
(b) Why Is It? The above conservative dress code is not without a definite purpose. This certainly does not aim at curtailing your freedom as women but is mainly intended to remove “all abomination (sexual obscenity)” from you and make you “pure and spotless” (33:33). In fact, such dress code goes a long way in removing the incitement to sexual obscenity or adultery by creating physical and mental barriers between natural attractions between woman and man. Also, such dress code can sometimes be a blessing in disguise as that can make her look outdated and unsmart in the eye of a modern-minded sexual predator who might therefore leave her alone. If a woman considers her own mental purity as enough protection against sex crimes and therefore does not care about her physical purity (descent clothing), then she is quite in the wrong. Because in that case, even if her innocent mind may help remove her part as partial cause of adultery, her semi-exposed attractive body may invite a sex offender toward forcible violation of her chastity named rape.
Thus, conservative clothing makes it “most convenient” for the woman and reduces her chances of being victims of adultery or “molestation” (33:59), by means of both her innocent mind and appropriate dress code. Since any civilized being cannot support adultery or even a rapist would also not like to see their dear ones (wife, mother, sister etc.) being raped by others, the crucial role of conservative dress code is hardly questionable. Factually speaking, due to gender-based differences in physical and mental features, sexual assault naturally comes almost entirely (in about estimated 99% of cases) from man to woman and not the other way around. In case of sexual abuse, it is the women who suffer more from the legacy of prolonged damage to their reputation and durable burden of illegal child. Worldwide sexual assault is a widespread crime taking place particularly in the inter-gender free mixing environment and the most effective solution of the problem lies in conservative life style of the women. Such realization appears to have dawned on many others outside Islam including Christian nuns and Orthodox Jewish women who are often seen properly clothed similar to ‘hijab’. Historically, Mary the mother of Jesus also “placed a screen (to cover herself)” from the Angel Gabriel who appeared in human form (19:17). All these point to the fact that conservative dress code for the females is a moral decency and a social necessity for its role in prevention of sexual obscenity.
(2) Polygamy: Islam often attracts criticism for its approval of limited polygamy for Muslims in general and that of its Prophet in particular. The critics should know that many earlier prophets did practice unlimited polygamy. For example, Solomon had about 700 wives, his father David had 8 and Abraham had 2 wives, in addition to concubines. Protestant King of England Henry VIII (father of Queen Elizabeth I) married 6 wives. Likewise, pre-Islamic Arabs nourished the culture of boundless polygamy. Islam simply reformed marriage rule by reducing the number of marriage (wives) from unlimited high to a maximum of conditional four while campaigning for one as preferred normal.
Prophet’s Polygamy Not for Lust: Behind multiple marriages of the Prophet, the goal of sexual pleasure did not play even the slightest part. As a Prophet, he was in full control of his human instinct, as was certified by God for his “beautiful pattern (of conduct)” and being on “the straight path” (33:21; 36:4). The following circumstantial evidences speak volumes for his innocence.
(i) When Arabian leaders offered him ‘beauty queens’ of their society in exchange for his giving up Islam, he outright rejected the offer, without giving slightest thought to any sexual prospect with the proposed women.
(ii) If he were guided by sexual desire, why did he marry a cross-section of women in the category of old, widow or divorced etc.? He married these women for a variety of purposes as described below and not for sexual ambition.
(iii) He spent the most part of his youthful years (from 25 to 50 years of his age) with only one wife named Khadija who was a widow and 15 years older than him. During this long stretch of his youthful and marriageable time when people usually feel like marrying, he did not marry anyone else nor did he ever want to.
Causes or Background of The Prophet’s Polygamy:
The Prophet performed all his marriages at the dictates of socio-political necessities, with urging or approval from God Who said, “Oh Prophet! I made lawful to you (all) your wives” (33:50).
(i) Widow marriage: He married the above named widow Khadija (at her 40) and also Umm Salma (50) who was also a widow with 4 children. The purpose was to legalize widow marriage as a preventive of possible sexual perversions among women who prematurely lose husband at young age.
(ii) Non-Muslim marriage: His matrimonial partnership with the non-Muslim women like Sufia, Maria, and Raihana etc. inspired tolerance toward other religions.
(iii) Defuse enmity: His marriages with the Quraish woman namely Habiba (daughter of anti-Muslim leader Abu Sufyan) aimed at softening Quraish hostility toward Islam.
(iv) Social Bonding: He married the daughters of his close associates, Abu Bakr and Umar, for bringing them socially closer to him.
(v) Divorced Marriage: He married Zainab, divorced by his adopted son Zaid under divine instruction. About this, God clarified “I joined her in marriage to you so (in future) the believers may have no difficulty to marry the wives of their adopted sons” which is very much legal (33:37). This was to sell the idea that God has not “made your adopted sons equal to your (biological) sons” (33:4) since adopted relation does not count like blood relationship toward marriage prohibition such as between mother and son, father and daughter etc.
(vi) Minor Marriage: He married the only unmarried girl named Ayesha, a minor daughter of his closest companion Abu Bakr who fervently requested him to marry her. The exact reasons why God settled on this marriage for him are only known to Him. However, (a) one reason may be cementing ties at the family level as discussed above. (b) Another one may be keeping legal option open for teenage marriage to deal with exceptional circumstances in the future when alternative to such marriage would risk adultery for any sexually addictive minor girls. The prospect for such problem seems real in the face of recent medical findings suggesting that obesity tends to bring down the age of puberty to even below ten years of age. The above example, however, does not indicate the universality of ideal age of marriage which factually varies across the world depending on economic, social, cultural, educational, health and other factors. (c) As 3rd probable divinely intended reason, it was through this smart woman (who survived 46 years after her husband’s death) that the Muslims obtained bulk of the Hadith or Prophet’s tradition (about 2000) particularly on feminine matters. (d) This marriage also presents examples of how to deal with young wives, adjusting with their young minds. For example, the Prophet used to have fun with her through running race, sharing toothbrush etc.
In this way, all his marriages had special purposes to serve and he married only as many wives as God willed. “After this”, He decreed, “it is not lawful for you (to marry more) women” (33:52). In perfect compliance, he did not marry even a single woman in excess.
Unlimited Polygamy Not for the Muslims: The right to marry too many wives as shown above is only for the Prophet and “not for the believers (at large)” (33:50). Islam made it illegal for the Muslims to marry an indefinite number of wives, which were prevalent among many Arabian tribes at his time. Now in Islam, monogamy is the ideal practice under normal condition; it is the general prescription. It, however, relaxes the provision from one to a maximum of four marriages to deal with exceptional circumstances e.g. when the wife dies or her chronic ailments disables her as a biological partner of her husband or producer of his child or when women’s ratio to men becomes higher due to higher male casualties in war and so on. Be reminded that the revelation about 4-wives legality came after many Muslim male warriors became martyrs in the battlefield of ‘Uhud’. Similar situation reappeared in countries that suffered disproportionate loss of male soldiers during the WWI and WWII.
Conditions for Limited Polygamy: The above-mentioned limited polygamy is however subject to the conditions of maintaining equity and justice among all wives, through equal provision of food, clothing, bedtime etc. Otherwise, the right to quadruple marriages does not apply. While approving this right, the Quran vented clear concern: “If you fear you shall not be able to deal justly (with them), then (marry) only one” (4:3). In another verse, God expresses conviction that “You are never able to be fair and just as between women, even if it is your ardent desire” (4:129).
Under the circumstances, you should think twice before unnecessarily marrying more than one wife and thereby risking sin through unfair treatment among them. The Prophet also warned of Afterlife punishment for failing in fairness among multiple wives. In this life also, you can often see the natural punishment from non-essential polygamy in the form of bitter rivalries among co-wives and/or step-children.
It is therefore crystal clear that Islam does not grant the right to marry more than one wife, only to satisfy sexual lust, regardless of any justifiable reasons or condition of equity among the wives. To conclude, polygamy in Islam is not the rule but an exception, for dealing with extraordinary needs or special circumstances.
(3) Divorce (Talaq): Like polygamy, Islam does not allow divorce in a normal condition but it may be applied only in unusual or unavoidable circumstances. Though presence of love and peace between husband and wife is most desirable, given the differences in their nature, temperament and attitude etc. or due to unfortunate family events or other reasons, their relations may worsen to the point where constant quarrels and fights may reduce their lives to kind of hell. In such cases, it would be wise for them to be released from the bond of such loveless marriage through a formal divorce and seek a better option for peaceful life. That option may be remarrying a new spouse with whom “God possibly may bring about a new situation” paving way for happier life (65:1).
As a necessity: Islam therefore recognizes divorce as a necessary evil. In non-Muslim societies where the right to divorce is denied or restricted, severe adjustment problems may force the couple to live apart and respond to nature’s call by meeting their sexual needs with unmarried partners. Each individual case of such separate living loudly declare the real need for divorce which often does not become possible due to social, religious or other barriers. Islam, by contrast, approves divorce only in case of dire necessity so as to make life easier and livable.
As a last resort: In Islam, the right to divorce does not imply its senseless or playful application. Of all legal provisions, as Prophet observed, divorce is the most hateful to God (Hadith). When all efforts to achieve a peaceful compromise between husband and wife fail, it is only then the divorce may be applied as the last resort. Before you get there, you are required to try all possible means by taking the following sequential steps.
Preventive Steps: In case of their “disloyalty and ill-conduct”, first (i) try oral method like advice or “admonishment” (4:34), next (ii) apply non-violent methods like “refusal to share their beds” (4:34). You are warned that “if they return to obedience, do not seek against them any means (of annoyance)” (4:34). If none of the above works, then “appoint arbiters” one from each party as “God will cause their reconciliation if they wish for peace” (4:35) or negotiate divorce in case it is unavoidable.
Proper & Honorable Divorce: Islam conditionally allows what it calls “divorce with kindness” (2:229). In order to make sure that your divorce is decisive and not applied at the heat of the moment, Islam prohibits triple pronouncements of ‘talaq’ (divorce) in a single administration. Rather ‘talaq’ should be uttered only once in each month (during menstruation free period) and with utterances of the word ‘talaq’ thrice in 3 consecutive months, the process of divorce will be complete. Before this, the couple has 3-month ‘cooling- off’ period when they can change mind and come back from divorce for “holding together on equitable terms”, but not for any vicious purpose “to injure them (physically or mentally) (or) to take undue advantage” (2:229; 2:231). If otherwise, you are decided about divorce, you set them free “on equitable terms”, without “taking back any of (their) gifts (dowry)” you gave them (2:231; 2:229). After finality of divorce, you cannot “remarry her until after she remarries another husband who divorces her” voluntarily, without faking such remarriage (2:230). Thus Islam ensures a judicious application of divorce.
Discouragement: Islam also takes practical steps to discourage divorce. For example, obligation to pay off wife’s dower money before divorce, provision of “maintenance of divorced woman on a reasonable scale” (2:241) until expiration of her waiting period or until her delivery in case of pregnancy or so long she gives suck to the newborn etc. make the process of divorce difficult, if not prohibitive. Moreover, the right to divorce is not the monopoly of husband only; the wife has also the right to do so through formal or informal court in case of his cruelty, impotence etc. If a wife fears “cruelty or desertion on her husband’s part”, then there is no blame on them if they arrange an “amicable settlement” (of divorce) between themselves (4:128).
(4) Islamic Penal Code: The Quran enlisted penalties for certain grave sins or social crimes, leaving the rest to the Prophet’s tradition or ruler’s discretion for petty crimes. The Quranic punishment for theft is “cutting off his or her hands: as an exemplary punishment from God” (5:38). The penalty for fornication by the unmarried is “flogging each of them with a 100 stripes” (24:2) and death penalty for the married ones (4:15). Similarly, willful, cold-blooded murder is liable for capital punishment (2:178) unless compensation measure is worked out. On the surface, such penalties appear to be cruel and fearful compared to modern penal codes. In the ultimate analysis, however, such punishment may prove to be highly prohibitive and therefore ultimately more beneficial for the society as a whole.
Before Islam, precedents of strict penalties were set by the ruler Draco in ancient Greece and King Hammurabi of ancient Iraq that helped stabilizing their society. In fact, a few number of severe punishments, if properly administered, may cause sufferings to only a handful of criminals. But that is likely to be more than made up by enormous benefits enjoyed by a vast majority of innocents living in a crime-free, peaceful society. Now we offer an analysis to confirm this fact.
(A) Theoretical Review of Non-Islamic Punishment: Punishment in modern societies is generally too soft and therefore less effective in reducing the crime rate. As a result, such penalties have to be inflicted on the offenders more frequently and repeatedly. This means the society continues to coexist with both high quantity of minor penalties and high rate of crimes, due to the light nature of penal system. We now try to review some possible effects of light punishments on various groups involved.
(i) Habitual Offenders: In modern world, soft punishments can hardly play a prohibitive role. As a result, the offenders are involved in too many crimes for why they get too many light punishments. Some of them frequently go in and come out through revolving doors of prison and suffer from what amounts to not too few of combined physical and mental pains from their prolonged criminal status. Now the question arises: what is the better or worse for the offending group: too many crimes with too many light penalties or fewer criminals because of a very few exemplary punishments? This is an open question that needs careful analysis for a decisive response, as attempted below.
(ii) Innocent Victims: Innocent people of the society are the worst sufferers from continuation of abundant crimes resulting from soft punishments. It would probably never be possible to make an exact estimate of their total terrible mental (anxiety, stress, tension for life risk etc.), and physical (injury, death etc.) sufferings in addition to monetary costs (legal fees, job loss from wrong sentence etc.). It is, however, easily understandable that the sufferings of the innocent victims appear to far outweigh those of the habitual offenders receiving only light penalties. It is, therefore, a likelihood that by increasing the severity of penalty for crime by every 1% (as for example), sufferings of innocent victims may be reduced by more than 1%, promoting overall social wellbeing.
(iii) Helpless Government: Government also undergoes terrible pains from high crime rate, as it has to spend a large amount of tax payers’ money on police, prosecutor, court, prison, weaponry and other related expenses. However, despite high expenses for fighting crimes, it cannot effectively and significantly reduce the crimes (big or small) in the society and therefore people keep on suffering from the impacts of crimes, consistently and traumatically.
(B) Islamic Penalty: Positives: Now let us look at the quality and quantity of punishments handed down in an Islamic court.
(i) Severe Penalty, Rare Crimes: Islamic punishment aims to effectively protect the society from the evils of criminal activities and therefore such punishment has to be tough and exemplary. Because of frightening nature of such penalty, actual happening of crimes is very few and far between. What really keeps a potential criminal away from a crime is not the actual penalty, but the fear from such penalty. As a result of such lower crime rate, incidences of such actual punishments are also likely to be very rare, probably far rarer than the normal rate of accidental or drug related deaths. In fact, the penalty that is only or mainly in the book (of legal code) and seldom happens in reality should not be a cause of concern (if you are an innocent) despite its grim nature.
(ii) Deterrence through Exhibition: Mainly 3 factors may strike fears in the heart of a would-be offender: (i) severity of penalty (ii) certainty of punishment (iii) exhibition of punishment. Islam punishment is not only severe but also certain as it cannot be changed in the way a modern day ruler can overturn or commute a court sentence. “Let not compassion move you” “in a matter prescribed by God” (24:2). As a result, everyone gets the clear message about the consequence of a crime. Another reason why people would not even come close to a crime is the showy nature of punishment held in public place, often after Friday prayer congregation so people “witness their punishment” (24:2).
(iii) Fear Reduces Actual Penalty: Exhibition of punishment in an open square may look like a barbarian culture like medieval Spanish or Church Inquisition. But its preventive roles, through scaring away potential criminals from crimes, can hardly be disputed. In this process, one death penalty carried out in a public square, for example, might prevent 10 other potential death penalties which otherwise could be carried out in closed door cells. Obviously, there is no reason to believe that these 10 private executions are less painful or brutal than one public execution. Because of above reasons, severe Islamic penal code acts as a deterrent to crimes, comparable to the example of nuclear weapons. Given the formidable destructive potentials of such weapons, one nuclear power can never think of being the first to attack and therefore a nuclear warfare is now virtually more of an idea than a reality. Likewise, tough Islamic punishment is practically more of a punishment phobia than a real punishment.
(iv) Mental Peace for Safer Society: It is quite possible that the society will reap enormous benefits from extremely low level of crime rates made possible by Islamic penalty. This hypothesis is supported by the facts of the present-day Saudi Arabia which largely practices Quranic penal code. Here street vendors leave behind their shops open, for attending mosque congregations and find their merchandise intact upon their return.
(C) Fairness Elements: There are elements of fairness built in the penal code of Islam to guarantee that punishment does not wrongly affect the innocents, as appears from below:
(i) Crime preventive measures: Before handing out punishment, all possible steps are taken to remove the root causes of social crimes. As a preventive of adultery, for example, marriage is encouraged even if that means provision of state money to help the poor marry. The Islamic state sets out goal to meet the basic needs of everyone to make sure that you are not forced to steal out of dire poverty. During the rule of 2nd caliph Umar, the designated punishment for theft was relaxed in times of famine. In this way, favorable climate is created so you can remain crime free if you want to. Even then, if you crime out of mere habit, it is only then you will be considered worthy of punishment.
(ii) Remission and Reduction of Penalties: All sins do not qualify for punishment. There is some scope to avoid it such as through sincere repentance. “If two of (them) are guilty of sexual offence, punish them both. If they repent and amend, leave them alone. (If exceptionally they) repent before they fall into your power” before court trial starts, then they are lucky to find “God as Oft-forgiving” (4:16; 5:34). Lack of “four (needed) witnesses” (4:15) will make a difference to the prescribed punishment for adultery or fornication. ‘Life for life’ basis of punishment for murder may be avoided through “reasonable demand” and “handsome compensation” acceptable to victim’s family (2:178). Likewise, God leaves the door of amnesty open to the “thief who repent after his crime and amend his conduct” and so may be for other criminals (5:39). What’s more, the degrees of punishment also depend on grades of crime e.g. penalty may be relatively soft for stealing petty articles.
(iii) Right to Defense: To ensure right judgment through proven guilt, the accused is given chance to ‘due process’ including the use of a defense lawyer, witnesses of pious men, circumstantial evidences, proper investigation etc. In case of slightest doubt about crime, designated punishment may not apply.
(iv) Rehabilitation: After penalty is inflicted, effective measures are taken to rehabilitate the offender and his family, if necessary. For example, if the only bread earner of the family gets hands cut off for stealing, they will be entitled to public money for survival. All these are indeed rare examples in the history of human civilization.
The above description shows that the main goal of the Islamic penal system is only to prevent crimes in the society and not to punish people cruelly and needlessly.
(5) Islam on Holy War: Questions often surround Jihad or holy war about how it aligns with peace that Islam stands for. Now we try to address this issue.
Islam is basically a religion of peace, as the Quran strongly prohibits making any “mischief across the lands” (28:77). On the contrary, there is no single verse in this holy book nor is there any statement of the Prophet that any way inspires or supports any aggressive wars i.e. attacking innocent ones without being attacked. Yet the Prophet had compelling reasons to command or guide scores of holy wars against the infidels of Mecca and traitors based in Medina. The following discussion will make the point clear.
(i) Defensive Wars: It is a historical fact that the Prophet fought wars for self-defense only “after they were wrongfully attacked” (26:227). Placing blame on the Meccans, God witnessed that the Muslims were “expelled from their homes in defiance of (their) right”, and they “became aggressive by being the first (to assault) you” (22:40; 9:13).
That the holy wars were defensive ones is supported by two circumstantial evidences. One, these wars were mostly fought around or near the Prophet’s town Medina instead on enemy lands. Two, these wars were fought against enemies who were many times stronger in terms of both soldiers and weaponry. On being attacked, Prophet’s forces fought back only to keep their religious existence on earth and everyone undisputedly has a natural right to do so. “Fighting is a grave offense but to God it is graver to prevent access to the path of God” and “the Sacred Mosque” and “drive out its members.” (2:217). God supports such defensive fighting, stating “tumult and oppression are worse than killing” (2:217).
After proper inquiry into the facts, many historical personalities including Mahatma Gandhi admitted that the expansion of Islam did not happen by force but under attraction of its beauties. This was in keeping with God’s clear guideline “You are not the one to compel them” (50:45). One classical example in this regard is represented by historical Spain under the Muslims who ruled peacefully for about 800 years (711-1492 A.D) without any coerced conversion on record but the same Spain under Catholic Isabella gave the Muslims 3 options: conversion, expulsion or death. Likewise, Indonesia became the largest Muslim nation mainly through peaceful propagation by the Arab traders and nobody ever heard of Arab army going on expedition about 5 thousand miles away to stage forceful conversion over there.
(ii) Honoring Peace Initiatives: Even though wars were fought in response to attacks that started from enemy side, the Muslim forces were not allowed to “transgress limits” in the form of excessive or disproportionate revenge out of “hatred” (2:190; 5:2). If the enemies stop fighting by showing white flag and “send you (guarantees) of peace, then God opens no way for you (to fight them). If the enemy inclines towards peace, then you will also incline towards peace (for) God likes those who restrain themselves” (4:90; 8:61; 2:194). If you have any formal alliance with anyone including the non-Muslims and they faithfully comply with its conditions, you cannot dissolve the treaty unilaterally, as you are obligated to “fulfill your engagements to the end of their term” (9:4). However, if you fear treachery from any group, then you “throw back (their treaty) to them (so as to be) on equal terms” (8:58). In this way Islam requires you to make good use of any chances for peace and thereby bring about a quick end to war and hostility through peaceful means.
(iii) Morality in Warfare: The wars fought by the Prophet were different from modern ones. He did set unique examples of how moral principles can be put in place even in war situation. The moral code applied in jihad drew appreciations from historians including P. K. Hitti.
(a) Avoiding Brutality: The Muslims were not allowed to kill enemy soldiers through brutal methods like torture, burning, drowning, mutilating or starvation etc. “Remembrance of God” during war was advised so “that you may succeed” without committing any excesses (8:45). The Prophet said “If you ever have to kill an enemy, you must do it honorably”. There was prohibition to kill the children, the women or the disabled on the enemy side. Destruction of the enemy property like trees, civilian residence etc. was never encouraged (59:5). Strict prohibition also applied to raping of women or torturing of prisoners.
(b) Showing Humanity: The prisoners of war (POW) were adequately supplied with basic provisions like food, clothes, housing etc. They were protected from extra-judicial cruel treatment. Effective measures were taken to free them as a priority. Overall, Islam inspired such a high standard of humane behavior to the prisoners (long before they received some attention from the Geneva Convention of 1949) that barely had any parallel in the history of mankind.
(iv) Social Resistance: The above-mentioned discussion mainly relates to the Prophet’s holy war tradition which is known as ‘jihad’ in international sense. There is also social version of ‘jihad’ which literally means struggle or resistance against any injustice like inflicting any physical or mental harms to the vulnerable groups like the innocent poor, old, orphans etc. God justifies by stating if He “would not check one set of people by means of another, there would have been destruction of (worship places like) monasteries, churches, synagogues and mosques” by oppressive people (22:40). The greatness of such purposes of social resistance can hardly be debated.
Approved Methods: On the question of the means to resist social injustice, the Prophet theoretically talked about 3 types of resistance (‘jihad’) based on the types of organs involved: (i) by mouth (reasoning or condemnation) to be tried usually as the first method), (ii) by hand (conditional use of force when verbal power is ineffective or irrelevant) and (iii) by mind (hating a sin when you cannot stop it by using hand or mouth). It is therefore obvious that there is enough scope for using peaceful means to achieve social justice and use of force is not always the best or the only option.
(6) Islam and Terrorism: Islam is often blamed for acts of terrorism happening off and on and here and there across the globe. Such accusations became intense particularly after 9/11/2001 attacks on American targets. But the fact of the matter is that not all Muslims are terrorists and not all terrorists are Muslims. Historically speaking, many regions or religions also have their share of terrorism. These examples include among others: France during the Reign of Terror (after 1789 Revolution), assassination of Gandhi by Hindu extremist Nathuram Godse in 1948, Irish Republican Army and Sri Lankan Tamil Tigers in the late 20th century, Rohingya Muslim massacre by the Buddhist extremists in Burma in early 21st century etc. Far more deadlier were state sponsored terrorisms (like by Spanish Queen Isabela, Crusaders, Stalin, Hitler etc.) that killed by the millions and victims included Muslims, Jews, Orthodox Christians among others. Now let us review if Islam has anything to do with terrorism.
As already stated, the Quran gave its universal ruling on its fierce opposition to “doing evil or any mischief on the earth” (2:60) which is a substitute concept for ‘terrorism’ in general. It, however, has no any specific ruling about the acts of terrorism (e.g. plane hijacking, suicide bombing etc.) that made appearances only in recent history. But it would not be difficult to determine Islamic opposition to such offensive actions by using the analogical method (Qias) based on the Quran and Hadith.
Arguments Delinking Islam from Terrorism:
(i) The Quranic revelation that no one will “bear the blame” of others” (29:12) dismisses any legality of killing innocent people including children for any alleged faults of their adult relatives. The same ruling also goes against rioting or revengeful killing of some people somewhere for the crime committed by their community people living elsewhere.
(ii) The Prophet declared suicide or self-killing as clearly sinful and since there is no reversal of this policy, the risk of divine penalty is very much real for any suicidal attacks on innocent people.
(iii) Sometimes, the purpose is also a relevant factor for evaluating an act of terrorism. For example, an act of terrorism in the sense of terrifying people through violent means in order to gain selfish ends (e.g. bank robbery) has zero tolerance in Islam. Islam therefore prescribes very severe penalties like “execution, or crucifixion, or cutting of hands and feet from opposite sides” for committing “mischief through the land” like highway robbery etc. (5:33).
On the other hand, if you use weapons in defense of your own rights (e.g. after being attacked in your home by the robbers, or if you are evicted from your rightful home or hindered from praying in the mosque etc.), then your action appears similar to the defensive holy war tradition of the Prophet. Even if you are acting in such right causes, you cannot forget the right methods e.g. proportionate revenge, targeting the right person, using pardon as an alternative to revenge whenever possible and reasonable and so on.
(7) Islam and Slavery: Slavery as an Ancient Culture: Islam is sometimes wrongly criticized for not taking direct action against instant ending of slavery. In fact, slavery had been an integral part of social life since ancient periods covering Greek, Roman, Egyptian and many other civilizations. Breaking with those pro-slavery traditions, Islam took a clear stand against slavery and showed deep interest in “freeing the slaves” (90:13). It addressed the root cause of slavery by placing human dignity and equality at the very foundation of the Islamic society. Then it launched systematic efforts against this evil culture.
Gradual Elimination of Existing Slavery: Islam adopted a policy of gradual process rather than abrupt elimination of on-going slavery deeply rooted in Arabian culture. Slaves were then so much dependent on their masters that, without doing something to enable them to stand on their own feet, a sweeping decree for their outright freedom could bring them more harm than help. This concern also proved real in the period immediately following the abolishment of slavery in America in 1860’s.
Islam therefore moved forward gradually but steadily towards their freedom and relied more on incentives than use of force. Meanwhile necessary measures (like charity, education or job training) were taken for ensuring their economic freedom after their political freedom. For example, on the eve of their freedom, their masters were asked to “give them something (e.g. lump sum) out of your God-gifted means” (24:33). This was the policy of Islam towards existing slavery.
General Prohibition of New Slavery: Toward adoption of new slaves, Islamic policy was basically non-approving. Exception to this was prisoners of war undertaken by the Prophet as a deterrent to oppression of Muslim prisoners by enemy captors. In such case, only a minimum number of enemy soldiers were held as captives for security reasons while others were set free. Taking slaves was never an option when war met peaceful end. The prisoners that were taken as slaves were released before long under easier conditions (like prisoners exchange program, their tutoring services to Muslims, nominal ransom etc.) or without any condition at all.
Incentives for Abolishment of Slavery: Islam developed a package of incentives that worked well for phasing out slavery.
(i) “Freeing a slave” is considered an act of prayer (90:13). The Prophet said “Whoever frees a Muslim slave, God will save all parts of his body from Hellfire”.
(ii) Islam introduced the system of ransom for liberating the slaves on payment of “(certain amount)” to their masters (24:33).
(iii) Islam designated “the freeing of a believing slave” as a compensation for selected sins like unintentional murder (4:92), getting back wife divorced by addressing her as ‘mother’ (58:3), breach of “deliberate oaths” (5:89), etc.
(iv) Islam encouraged marriage of “virtuous ones among your slaves: male or female” instead of “forcing your maids (slaves) to prostitution” (24:32/33).
(v) You can use zakat and other charities “as ransom” for buying freedom of slaves (2:177).
(vi) Islamic prohibition of usury prevented the debtors from being virtual slaves of their creditors for defaulting repayment of loan multiplied by compound interest.
Prophet’s Roles against Slavery: The Prophet and his followers created examples by freeing slaves at personal level. But the greatest contribution of Islam to the welfare of slaves perhaps lies in its role in upgrading the social status of the slaves and improving the attitude and behavior of the rest of the society towards them. The Quran affirms that a slave man or woman “who believes is better than” an unbelieving man or woman (2:221). Out of sympathy, the punishment of the slaves has been reduced to “a half that for free men” (4:25). In order to bridge the psychological gap between the masters and slaves, the Prophet addressed the slaves as “your brothers” who should have provisions of life comparable to their masters. He himself married a slave woman named Sofia and giving his cousin Zainab in marriage to a slave man, freely interacted with the slaves through talking, dining etc. He honored the slaves with high positions like making Zaid his personal secretary as well as war commander and by appointing another slave Bilal as ‘muezzin’ or the deputy leader of his mosque and so on.
These types of instances are highly exceptional even in the personal life of any dedicated slavery abolitionists across the world. In this way, Islam not only chalked out programs to end up slavery but also showed practical ways to their implementation. As a result, this evil custom vanished smoothly from the Muslim society long before it did elsewhere. In America, it took a Civil War led by Abraham Lincoln that raged for 5 years (1861-65), costing about 620,000 lives for only partial abolition of slavery.
(8) Inheritance Law: Other Societies: Across time and place, women oftentimes had been and are still being deprived of the properties belonging to their father, husband or other near relatives. Deprivation of even male member from property rights is also not uncommon. For example, still in England, only the eldest son has an advantage over other sons in inheriting the royal throne and other fortunes.
Merits of Islamic System: Islamic inheritance law rises above such discriminatory treatment in order to be a powerful institution for distributive justice in the society. On the one hand, it curbs the growth of capitalism by breaking down the properties that concentrated in the possession of the dead or aspiring dead. On the other hand, it is a kind of economic security for surviving relatives who can use inherited properties to finance their basic needs as they are made “sharers and heirs to the property left by parents and relatives” (4:33).
Equitable: It is every inch an equitable system for handing down the fair share of properties left by the deceased among the inheritors. In all fairness (i) all biological sons and daughters should have rights to parental properties; (ii) other close relatives like wife, mother etc. also deserve a share in inheritance and (iii) some of the above beneficiaries (like minor orphans) may be in dire need for the inheritance property or cash assistance. God warns “Let those (disposing of an estate) have the same fear in their minds as they would have for their own if they had left a helpless family behind” (4:9).
While all these are some positives of Islamic inheritance law, some people worry about problems that may arise out of excessive subdivision and fragmentation of land properties. However, such problems may be overcome or minimized if the value of property (instead of property itself) is distributed wherever possible or desirable or the same may be enjoyed under joint ownership.
(9) Charity in Islam: Only for the Needy: Islam has plenty of provisions like mandatory ‘zakat’ and ‘fitr’ and optional ‘sadaquah’ and almsgiving etc. that involve giving to the real needy. In your neighborhood, there may be many of those who are not able to meet their basic needs despite their sincere efforts. People of this kind are really distressed and they cannot be allowed to starve to death. You are therefore not allowed to “repulse” the petition of the needy (93:10). Instead you are mandated to “give food in a day of privation, to the related orphans or to the indigent (down) in the dust” (90:14/15/16).
Boost for Hard Work & Self-Reliance: The above, however, should not lead us to mean that the Islamic society over-emphasizes charity at the expense of self-reliance. In fact, Islam does not anyway favor dependence and thereby imposing burden on others. The Prophet said, “When a solvent one begs from others, he only begs the hell-fire”. He further added “A person does not earn better income than what he does by his own labor”. So obviously Islam wants to see every one really solvent and self-reliant by means of hard labor.
One day, an able-bodied man came to the Prophet with an appeal for alms. Instead of giving him alms, Prophet advised him to be self-reliant. He told him to buy an axe by selling his blanket, his only possession and thereby cut wood from the forest and sell for his living. In this way, Islam aims to replace charity with self-reliance. Some measures are already in place for helping people out of poverty into self-sufficiency. For example, there has been an emphasis on using ‘zakat’ fund for self-employment generating projects (like buying a commercial cow or public transport etc.) as a source of durable income for the poor.
(10) Festival of Animal Sacrifices: God appointed the “rites (of animal sacrifice)” to ancient nations (22:34). For example, “God commanded (the people of Moses) that you sacrifice a heifer” (2:67). In keeping with this tradition, He introduced this culture of sacrifice for the Muslims at the annual festival of Eid-ul-Azha in order to commemorate the historic sacrifices of Prophet Abraham.
In Islam, it is a noble custom that obligates the solvent Muslims to sacrifice from amongst 5 designated animals that are slaughtered for distributing meat among the needy in the pleasure of God, He stated “neither your meat nor blood but it is your piety that reaches Him” (22:37). This occasion brings an opportunity of “feeding” the poor (22:36) at least once in a year while the rich enjoy the same round the year. Though this festival causes some apparent decline in the supply of livestock, the same can be more than made up through growth of a new generation of these animals in course of the year following.
Conclusion: It is clear from above that Islam has some provisions that appear to be controversial. However, a deeper analysis will reveal their positive underlying significances as they contribute the greatest goodness to the greatest number of people.