1.0 GENDER
1.1 THE
GENDER ISSUE
Islamic
Law assigns roles, rights, and obligations based on the acknowledgement of similarities and differences between the genders.
The Qur’anic concept of parity, zawjiyat, is the basis for complementary
relations between males and females. Issues of equity, equality, justice, and division of labor are associated with parity.
Males and females are from the same creation. Males and females are allies of
one another. Males and females get reward equal to that of men for work that they do. Women’s opinions are respected.
Women participate in the political process. The testimony of one woman is equal to that of one man except in some business
transactions. Women fought side by side with men. Despite many equal or similar challenges and responsibilities, women should
not behave like men because they are different.
1.2 GENERAL
PRINCIPLES
Women
and men are equal in their religious, ethical, civil rights, duties and responsibilities. Exceptions are very few and arise
because of different responsibilities or differences in basic biological nature.
The Qur’an assures religious equality, ethical equality, and civil equality. Men and women are from the same creation.
They have equal worth, equal moral and legal status, equal religious and educational rights, and equal reward for equal or
equivalent work. Women and men are equally challenged in some activities and are unequally challenged in others. Women have
their individuality, responsibility, and accountability independent of men. Islam fosters a dual and not unisex society. There
should be no competition between the genders but interdependency. Women are allies of men. Men and women need one another.
.
1.3 GENDER
DIFFERENCES
Each gender
should accept its identity and not try to compete with or emulate the other. Biological, psychological, and emotional differences
between the genders are Allah's plan for a balanced society and do not confer consistent advantage or superiority to one gender
to the disadvantage of the other. There are very few established and consistent gender differences. Men are superior to women
in visual-spatial abilities and quantitative abilities. Women are superior to men in verbal ability. Males and females communicate
differently.
1.4 EQUITYAND
EQUALITY
Different
does not automatically mean unequal. What is needed is equity and not similarity. The rules of Sharia and acts of worship
in Islam apply equally to men and women. There are only a few differences in the details due to different natures of men and
women and role prioritization. Islamic law gives the women full competence to own and dispose of property before and after
marriage. Working outside the home is allowed if it does not hurt the family and rules of modesty and interaction with the
other gender are followed. Islamic law forbids forced marriage of women. The sharia allows a woman to propose marriage. She
can accept or reject any suitor. A woman can legally obtain a divorce from an unwilling husband. Men have special leadership
roles in a conjugal relationship. It must however be remembered that the relationship started with free consent of the woman.
The Law places very few restrictions on women. Most verses are restrictions on men to prevent their transgression against
the rights and modesty of women.
1.5 THE
LAW OF THE WOMAN
The woman
is a human being like the man. She is not responsible for the original sin; Adam and Hawa were equally guilty. Her work is accepted by Allah as much as is the work of the man. She is not a bad omenShe has the right
to inherit and the right to own property. She is equal to the man in rights and obligations. The woman differs from the man
in the amount of diyat, the amount of inheritance, and giving court evidence. There are gender-specific regulations for taharat,
ibadat, dress, and child custody. The rest of the Law makes no distinction between men and women. The woman has a right to
work. The work may be ‘amal duniyawi or’amal ukhrawi. “Amal ukhrawi is obligatory for both men and women.
Work of the duniya, ‘amal al duniya, for purposes of earning a living is obligatory for men, waajib ‘ala al rijaal,
and mubaah for women if certain conditions are fulfilled. The woman has a role in public leadership.
2.0 THE FAMILY AS A NATURAL SOCIAL UNIT
2.1 FAMILY:
STRUCTURE and FUNCTION
The family
is both a social and biological unit. Members are related by either marriage or parentage. The family has sexual/reproductive,
social, psychological, and economic functions.
2.2 RIGHTS
and RESPONSIBILITIES
Each member
of the family husband wife, or child, has both rights and responsibilities. In a healthy family, members fulfill their obligations
and responsibilities before demanding their rights. Both parents are jointly responsible for the upbringing of their children
(aqidat, emotional, physical, psychological, and social). Each of the spouses has
rights and responsibilities to the other.
2.3 LEADERSHIP
IN THE FAMILY:
The husband
is the legal and customary head of the family. His leadership is based on more responsibilities. He is legally responsible
for the financial up keeping of the family. There are many aspects of the family's life in which the wife's leadership must
be recognized because she is the specialist. The extent of the wife’s responsibility varies by culture and custom. The
wife is the primary educator of children shaping their character and personality. The wife and children must obey the head
of the family in order to keep the family united and orderly. He in turn should listen to and respect the opinions and interests
of all members of the family. A family cannot survive if there are two equal and competing heads. A wife who wants the success
of her family and its happiness will defer to the husband's leadership role.
2.4 SUCCESS
OF THE FAMILY
Habits
for family success are learned from childhood. Careful selection of the spouse is necessary. Any defects found after marriage
are either corrected or are tolerated. Spiritual development is by remembering Allah often, praying in the home regularly,
inculcating iman in the children, following the sunnat and reading the Qur’an
regularly. The family library should contain good books and audio-visual materials. Shura should be established by discussing family matters with the spouse and children. Children should not see
conflicts between parents. The head of the family must exercise control over family activities with compassion and firmness.
He should monitor what the children are doing. Meal and sleep times must be fixed. All members of the family should cooperate
in the household work. Members of the family can joke and have fun with one another. The family should buy only what it needs.
Indebtedness must be avoided. In order for members of the family to interact and develop the necessary bonds, they need time
together and privacy from the rest of the community. Family secrets should be kept within the home. All members of the family
must feel secure in their home physically, financially, psychologically, and emotionally. Members of the family may have to
make sacrifices to make sure that their families are secure. The sacrifice may be time, financial or even accepting some inconveniences
and humiliations.
2.5 FAMILY
DESTRUCTION
Since
a successful family is the basic building block of society, its destruction means destruction of the whole society. Family
destruction could be due to internal or external factors. The internal factors are zina and its antecedents. The external
factors are: socio-economic and political stresses. Family destruction is prevented by education, tarbiyyah, early marriage,
following the sharia, maintaining the privacy of the home, avoiding ziba, and avoiding the antecedents of zina (ikhtilaat,
khalwat). A moral social environment, a confortable socio-economic environment, and respect for human rights protect families
from destruction.
3.0 MARRIAGE
3.1 PURPOSES
and NATURE OF MARRIAGE
Marriage
is a natural institution that is encouraged. It is a civil contract that is legally valid under these conditions: 2 adult
witnesses, question and answer, and mahr. Unlike other civil contracts, it cannot be concluded for a limited duration. No
conditions repugnant to the sharia can be valid in a marriage contract. Marriage is a source of psychological, social, and
emotional tranquility and stability. It protects from sexual corruption. It provides the best social structure for childbearing
and child rearing. The ideal age for marriage varies by gender and society. Exogamy and monogamy are preferred. Polygamy is
allowed in some situations and forbidden if justice cannot be maintained. Success in marriage depends on selection of the
right spouse, spousal compatibility (psychological, emotional, socio-economic and culture), and tolerance and adjustment for
incompatibilities. The qualities looked for in a husband are religious commitment, kindness, a gentle attitude to women, intelligence,
strength of personality, a good family background, a known lineage, knowledge of the Qur’an and sunnat. The qualities
of a prospective wife are: religion, pedigree, wealth, and beauty. The best and permanent value is religion (Islam, iman,
taqwat). A good wife is patient, humble, charitable, sincere, loyal, trusting, supportive, obedient without feeling inferior,
peaceful, cheerful, modest, chaste, and respectful of the husband's parents, relatives, and friends.
3.3 SUCCESS
OF MARRIAGE
The pillars
of marriage are pronouncement, witnesses, wali, bride, and bridegroom. The prospective spouses must be of legal age and legally
competent. Social equality and financial ability are desirable but are not necessary condition. Exogamy is preferred for medical
reasons. Mahr establishes the woman’s financial independence. A good spouse is the best asset on earth. Each spouse
must be prepared to adapt and to try to do what will please the other one. The following factors determine success of failure
of the relationship: successful communication, love and empathy, kindness, mutual respect, mutual understanding, respect for
rights and responsibilities, sexual attractiveness, conflict resolution and control of jealousy.
3.4 MARITAL
DYSFUNCTION
Marital
failure manifests in the appearance of the home, and behavior of the 2 spouses. The general atmosphere in the home is unhappiness.
There is depression, loss of interest, and de-motivation. The following are possible causes of marital problems: sexual dysfunction,
poor communication, infidelity, incompatibility, mental illness, personal incompetence of either spouse, social stresses,
social dysfunction, and poor communication. Misunderstandings should be minimized. The best policy is to avoid conflict by
each spouse doing what pleases and avoiding what annoys the other. Unresolved conflicts could lead to spousal physical or
emotional abuse. Primarily the two spouses talking to one another and finding the cause of conflict should solve conflicts.
If they cannot resolve the matter they should seek arbitration by people of wisdom and character.
3.5 MARITAL
FAILURE
A marriage
can be dissolved by death, divorce, or annulment by a court of law. Although permitted, divorce is the most hated of the permitted
things. Reconciliation should be attempted before the final divorce. Even after divorce, good treatment of the wife in enjoined
by the institution of the post-divorce financial support. When a divorce occurs, both spouses are partners in the failure.
The following factors are related to the risk of divorce (1) Socio-economic (SES) differences between spouses (2) a big age
difference or both being too young (3) financial difficulties. Divorce is preceded by (1) withdrawal of love (2) lack of attention
to the needs of each spouse (3) belittling (4) criticism. Divorce impacts both the spouses: anger, depression, and a feeling
of relief if the relation was abusive. Children of divorce are affected economically and emotionally. They cannot understand
what happened. The effects are long-term. The signs and symptom of family failure are bad physical appearance of the home
(dirt, poverty), poor behavior and interaction of family members (conflict, laziness, lack of outings and regular meals).
The house is not organized and is often dirty. Conflict is the commonest manifestation of family failure. Love and mutual
help are replaced by acrimony and bad feelings. Conflict is commonest between the spouses. It could also occur between parents
and children or among the children. Other members of the extended family may also be involved. Lack of routines and regular
meals are manifestations of lack of leadership and initiative in a failing family. Laziness indicates lack of purpose and
low motivation.
4.0 PARENTS
AND RELATIVES
4.1 GOOD TREATMENT OF PARENTS, birr al waalidayn:
The Qur'an has in many verses enjoined good treatment of parents. Good treatment of parents
is one of the most loved work to Allah, is a reason for entering heaven, and has great rewards. Good treatment covers both
the father and the mother. The mother has preference in companionship. Birr al walidayn
includes doing good for them, honoring them, praying for them, and extending the good treatment to their friends. The friends
must be respected during the life and after the death of the parents.
4.2 DUTIES TO PARENTS:
Parents must be respected and never shown any contempt whatever their behavior. Each spouse
should show consideration to the parents of the other spouse like his or her own parents. Talking to parents must be polite
without raising the voice. Righteous parents should be followed. Parents must be obeyed as long as they do not order committing
a sin. Their reputation and wealth must be kept. Attempts must be made to do what pleases them. They must be consulted in
all matters and apologies must be offered them if for some reason their advice cannot be followed. There must be an immediate
response when parents call. Kindness and generosity to parents in their senility and weakness is only a partial repayment
of their efforts when the children were young. Gratitude for the parents' suffering and sacrifices must be shown. Their friends
must be treated with generosity. The following are done for them: standing up to greet them, kissing their head, helping them
with their work, and visiting frequently.
4.3 MISTREATMENT OF PARENTS, uquuq al walidayn:.
Parents cannot be abused, insulted, or cursed. Cursing or mistreating parents is considered
one of the major sins and leads to severe punishment. Allah responds to parents'
dua against their children. The voice should not be raised in the presence of parents. Parents must always be told the truth
and no lies should ever be told to them whatever the excuse. The grandchildren and spouses cannot be preferred above parents
in any situation. Generosity must be extended to parents; miserliness to them should be avoided. Parents of others should
never be mistreated or insulted. They may insult your parents as a return and you will have caused injury to your own parents.
4.4 BIRR
AL ARHAAM:
The near
kindred are described in the sunnat. The Qur’an enjoins good treatment of the near kindred. This includes feeding them,
giving them financial support, , joining kindred relations, and loving them. They have definite rights that should not be
violated and these include rights of inheritance as enunciated in the law of inheritance. There is great reward for joining
kindred relations. A person is rewarded for good companionship with relations. It is sin to cut off kindred relations. Doing
good for relations is expiation from sins. Kindred relations are more deserving of charity. It is duty to call the kindred
relations to Islam. However love for kindred relations should not stand in the way of establishing the truth.
4.5 RELATIONS
AS SOCIAL INSURANCE:
Islam
teaches joining kindred relations and castigates cutting them off. The extended family is supposed to be an association for
mutual material and psychological support. Good relations within this association ensure that help will be available at the
time of need.
5.0 CHILDREN
5.1 GROWTH
and DEVELOPMENT
Growth
refers to increase in body size. The stages of physical growth are: infancy, early childhood, middle childhood, adolescence,
young adulthood, middle adulthood, and old age. Development increases functional specialization and capability. It includes
both maturation and increasing experience. It has biological, cognitive, and social aspects. It is a continuous process. Later
development builds on earlier experiences. Breast-feeding by the mother is strongly emphasized because it is the best nutrition
in the first stages of growth and also has important psychological effects. Development impairments early in life could affect
the capacity for development later in life. Parents must be aware of the rapid growth and development of children and should
adapt their parenting to the requirements of each stage of growth and functional development.
5.2 RELATIONS
OF PARENTS and CHILDREN
A
child must belong to a set of parents, a family and a community. Lineage is the basis of self-identification and self esteem.
The name influences self-concept, identity, and self-esteem. Love for children is natural and ensures protection and for the
children. The love for children and their treatment should be the same for all regardless of gender. Parent communication
with children must be open, honest, mutual, nurturing, and consistent. Parents must have time to play with their children.
Successful parenting requires a high tolerance level for children. Children's actions and behavior cannot be judged by adult
standards. Each child is an individual; each is different. Parents should teach the following to children: love of Allah,
loving jannat, hating jahannam, salat by age 7, reading and memorization of Qur’an, telling the truth, avoiding kufr
and the prohibited, avoiding shirk, rules of dress especially for girls, using the right hand, basmalah before any activity,
adhan and its response, avoiding bad company, bravery, and revenge against the transgressors.
5.3 MORAL
AND SOCIAL DEVELOPMENT:
Children
are born in a pure and natural state, fitrat; it is the environment that shapes them into either good or bad people. The first
7-10 years are the formative period of personality. Influences at this stage of life, positive or negative, have long lasting
impact. The age of legal maturity is defined biologically as either 15 years or the appearance of definitive signs of puberty.
Attaining the age of legal maturity does not mean attaining wisdom. Many problems arise from high expectations of legally
mature but unwise children. Good manners and attitudes are not taught but are shown to children. The social environment that
children are exposed to should be carefully controlled. Children must be guided to understand moral issues. Moral values can
be taught by use of stories since young children cannot appreciate abstract notions. Children should be taught the kalima,
love of Allah, love of jannat, reliance on Allah, salat, reading Qur'an, attending salat al-Jama’at, truthfulness, hard
work, love of learning, exploration, bravery, and courage. Selfishness should be discouraged. Children should be warned against
sins such as: kufr, shirk, gambling, pornography, and smoking. They should be taught to wear Islamic dress, to use the right
hand, cleanliness, and respect for the visitor.
5.4 INTELLECTUAL
DEVELOPMENT:
Children
are not a tabula rasa. They certainly are born with instinctive knowledge of their
creator. However their data bank is limited. Their ability to learn from the environment is also limited. Development is individual
and there are no fixed norms. Tarbiyah must be related to the level of intellectual
and social development. Genetic endowment determines basic intelligence and its potential or ceiling. Environmental stimulation
enables reaching the potential. Children understand and retain information at a level higher than what most parents imagine.
Children are born with an inner drive to investigate, explore and learn from the environment that should be used in the learning
process. Learning should be a pleasure. Fear or scoldings are counter productive. A warm and democratic home fosters intellectual
growth. The layout, organization and running of the home should be designed to facilitate child development and not for the
convenience of adults. The first intellectual skills that should be taught are language skills. Language influences the way
people think. The first words that children learn should emphasize Iman. Complex, detailed, stimulating language should be
used. Read to children as early as possible. Early interest in books carries through to adulthood. A second language should
be taught as soon as the primary language is stable. A second language is best mastered before puberty. Arabic, the language
of the Qur’an, is the preferred second language. There should be zero tolerance for colloquial Arabic.
5.5 DISCIPLINE:
Children
should be taught obedience. Obedience is an attitude. It starts with obedience of Allah then the parents then those in authority.
It also includes obedience of the physical laws and acceptance of social realities. Disobedient individuals tend to be marginal
individuals in society; they may commit crimes and cannot be good and religious individuals with stable family life. Obedience
should be taught by example. A wife obeying her husband and a husband obeying his parents are very good models for children.
Disciplining of children must be firm, fair and appropriate. There must be house rules that are not broken. Too much scolding
or belittling is child abuse. Children should be treated as individuals. They must be respected as humans with rights, feelings
and concerns. As individuals they have a God-given self-worth and an identity that is unique. Children cannot be the same
and should not be expected to behave is similar ways. Neither should you expect your children to be exactly like you. Children
must be loved and that love should be shown. Parental love for the youngest children should never be conditional. Preference
for either male or female children is an un-Islamic custom. Building self-esteem in children requires time and effort. Teach
them to communicate their feelings. Listen to them. Negotiate and compromise with them in matters that are not strict rules.
Your disciplining must be fair and consistent. Give them responsibilities and tasks. Allow them to make some decisions. Have
a sense of humor. Give them loving care.
6.0 UKHUWWAT
6.1 DUTIES OF BROTHERHOOD
There
are several types of brotherhood. Ukhuwwat insanuyyat is universal human brotherhood shared by all humans. Ukhuwwat imaniyat
is brotherhood shared by all believers. Ukhuwwat islamiyat is based on self-identification as a Muslim. Ukhuwwat shaitaniyat
is based on common allegiance to shaitan. Ukhuwwat nasabiyyat is based on blood relations. Brotherhood is the basis for positive
relations among people. The prescribed duties of brotherhood taught by the Prophet (PBUH) are: returning greetings, visiting
the sick, following the funeral procession, accepting invitations, and responding to the sneezer. These represent the minimum
that a brother must do for his brother. The general duties of brotherhood are taking care of the weak, ibraar al qasam, nasiihat
for every Muslim, tolerance of differences, overlooking minor injustices, flexibility, forgiving when annoyed, reconciling
between people, loving good for other Muslims, helping the weak and the oppressed, solving problems, fulfilling needs, compassion,
kindness, caring giving moral support to others and helping them fight shaitan, protecting the honor of Muslims and not broadcasting
their weaknesses, keeping secrets, concealing faults of other Muslims as long as there is no dhulm, fulfilling promises and
commitments, good behavior and good manners even with evil people, interdependence, maintaining relations, humility, mutual
respect, respect for the elderly, respecting leaders of other people, and respecting
cultural and personal differences as long as they are within bounds of the Law. The special rights of love and respect are
for scholars, parents, relations, neighbors, guests, the poor, the needy, the weak, and the traveller. The following should
also be respected in a special way: colleagues, those devoted to Islam, and those with opposing views.
6.2 SOCIAL
INTERACTION
Formal
groups are large and impersonal. Informal groups are small but personal. The family is an informal group that is intimate
and personal. A person can belong to several informal or formal groups at the same time. The term jama’at is used to
refer to Muslim groups. Relations between people may be positive or negative. Relations must be genuine. Interaction evolves
from the stage of initial meeting (i'ltiqa), selection, choice and conscious decision to cooperate (intiqa), and rising above
selfish interests to secure a higher common purpose (irtiqa). Social interaction can be cooperation, competition, or conflict.
Interdependence is a basis for social interaction. Social power is control the actions of other people. It can be physical,
formal authority, or influence. Some control is needed for efficient functioning of society. Social deviation is failure to
conform to customary norms.
6.3 SOCIAL
ETIQUETTE
Etiquette
of the meal is starting with tasmiyat, using the right hand, eating what is infront, being humble, and not criticizing the
food, thanking Allah at the end of the meal, attending a meal only by invitation and not bringing along an uninvited guest,
a dua for the host, and leaving immediately after eating. Forgiveness, humility, and self improvement are encouraged. Spying,
pride, anger, jealousy, approaching zina, transgression, and hatred are discouraged. The rights of the guest and the host
must be respected. Conversation should be polite and moral. Manners of the road must be observed. Unity, cooperation, and
reconciliation should be encouraged. The good is enjoined and the bad is forbidden.
6.4 SOCIAL
DISEASES, amraadh ijtima’iyyat
Dhulm
is ruling by what Allah did not enjoin, physical and psychological harassment of others, and violating the rights of others.
Corruption is in the form of bribery, nepotism, and favoritism. Mass media cause annoyance for Muslims, backbiting, rumor
mongering, mockery, lying, abuse, and false accusations
7.0 TAKAFUL
7.1 MUTUAL SOCIAL SUPPORT WITHIN THE FAMILY
Mutual
social support in the family includes good treatment of parents, giving help to relatives, child care, and inheritance to
assure financial support fot surviving members of the family. The Islamic system of inheritance makes sure that the wealth
of the deceased is distributed among as many relatives as is possible so that excessive wealth accumulation can not be transferred
from generation to generation.
7.2 MUTUAL
SOCIAL SUPPORT IN THE COMMUNITY
Believers
are like walls a building that support one another. A person cannot be a true believer until he likes for his brother what
he loves for himself. A believer who relieves stress from a Muslim will have his stress relieved on the last day. Kindness
and empathy are enjoined. Charity is given to the needy who ask and those who do not ask.
7.3 SUPPORT
FOR SPECIAL SOCIAL GROUPS
Some social
groups require more support and attention than others. Orphans must be taken care of and their wealth must not be embezzled.
The widow and orphan are weak members of society who have a right to relief. Orphans should be fed and clothed. Travelers
are often in need of help when they are far from their communities. Indebted Muslims also need relief when they have no other
way of clearing their debts.
7.4
THE WELFARE SOCIETY AND SOCIAL JUSTICE
The community
must help the poor in order to establish social justice. Feeding the poor is expiation of sins. Those who feed the maskin
have strength of heart. Clothing the makiin is a great action. Zakat is taken from the rich and is given to the poor. Poverty
can be relieved by zakat and sadaqat.
8.0 SHUURA
8.1 OVER
VIEW OF SHURA
Shurat
al jama is used by the community uses to reach decisions binding on the leaders and individuals. It is is a legal obligation
with its rules and procedures. Tashawur is discusion of different views to select what is the best without being binding.
Being advisory it is neither obligatory nor binding. The prophet consulted his followers. He taught that he who consults does
not regret and does not go wrong. The scope of shuur a was limited in the lifetime of the prophet because wahy was available.
The khukafa al rashiddin used shuura extensively in reaching decisions. With the end of the rightly guided khilafat, shuura
was suppressed by the dynastic dictatorships. The decline of the early Islamic state after the khilafat rashidat can be directly
linked to weakening of shura. Return of shura is heralding the contemporary Islamic revival. Shura is very important in the
community for the following reasons. Decisions reached through consultation are likely to be correct decisions. Shuura decisions
that have the support of the people. They ensure unity of the ummah. They are easier to implement than imposed solutions.
8.2 RULINGS
ABOUT SHURA
Shura
is a type of ijtihad that can be right or wrong. It is obligatory, wajib, and binding, mulzim. Participation
in shuura is a political right for each citizen, male or female. The form of exercising this right is not defined to allow
time and space flexibility. Shura can be undertaken by: ahl al hill wa al iqd, the whole jama’at, the ulama, or specialists
in various fields. Ahl al hill wa al iqd who are knowledgeable and are accepted by people (election or appointment) decide
on political matters. All people can participate in shuura if the matter is of public and general concern and it is understandable
by an average citizen. Ummah's consensus is not in error if the issues is understood and emotions are not involved. Participation
of the whole ummah is in the form of a plebiscite or a well conducted public opinion survey. The Ulama can represent the Ummah
in issues of a legal nature. Ulama are subject experts in Law who advise and guide ahl al hill wa al iqd in political decisions. Experts in various scientific, technological, medical, and social disciplines advise
ahl al hill wa al iqd and do not make binding decisions on their own. The following principles must be observed in the shura
process: justice, ‘adalah; objectivity; consideration of space-time factors; adherence to a system of higher values
and objectives, balance, and public education. Shura must achieve balance between majority and minority views, between expertise,
knowledge, and experience on one hand and public will on the other. Mistakes in shura are lessened if community is well educated
and understands maqasid al sharia. Shura is undertaken on matters for which there is no textual evidence or where the text
is not interpretable in a definitive way. Shura covers all matters of religion and the world but the main areas of shurat
al jamaat are security, war, and peace; applications of the Law; installation of the imaam; financial policy; oversight of
government; and new issues arising, al mustajiddaat. Shuura is concerned with policy and not administrative detail.
8.3 PRACTICAL
APPLICATION OF SHUURA
Shura
is not confined to politics and government. It is a a social institution and a way of life to be followed in the home, economic
activities, scholarship, and social life. Socialization for shura involves training and practice starting from the home. The
community must stick to shura even if mistakes occur through following the shura process. Spread of knowledge and education
enable all citizens to participate meaningfully in the shura process. The procedure of shuura is not defined in detail to
allow flexibility to time-space factors. Generally a shura council should make most decisions. Very crucial and strategic
decisions should be decided by plebiscite. The methods of reaching a decision are flexible. The majority view predominates
not because of numbers but because it is right. The majority has to convince the minority and not impose on it. Basically
the methodolgy of usul al fiqh based on Qur'an, sunnah, qiyas, ijma, and masalih mursala is followed.
8.4 IJMA:
A FORM OF SHURA
Ijma is
a type of ijtihad and a form of shuura. Generally ijma is made by representatives with the consent of the rest of the ummah.
The consensus may be explicit, ijma qawli, or may be implicit, ijma sukuuti. Fiqh, ijtihad, ulama and mujtahidin must be in
institutions independent of government to ensure freedom of thought. These institutions are academic resources that support
the elected legislature. The ulama can be equally consulted by government and by ordinary people. The ulama cannot impose
their ijtihad on any one. Individuals must be free to choose what opinions to follow.
9.0 MAAL
9.1
RIZQ
The Islamic
concept of rizq is very different from the western one and explains the major difference between Islamic and western economics.
In Islam rizq is expansive. European economic thinking is based on scarcity of resources. Rizq is sustenance from Allah. Allah’s
rizq is good and is abundant. Allah can give rizq in abundance. He can also contract the rizq. There are differences in the
rizq that Allah bestows on different people.
9.2
MAAL
Maal,
mentioned 76 times in the Qur’an, can be maal mubaah or maal haraam. It is a means and not an end. It can be used to
do good or to do bad. Maal as exchange in buying and selling to fulfil basic human needs, as compensation for work, a a means
to political power, and as the basis for the husband’s leadership in the family. Maal like life is protected by Law.
Collection of maal is a human instinct. Humans are happy with maal and are proud because of it. Some people love maal. Others
have renounced maal. Maal is fitnat (temptation) and is a test (ibtilaau). It can keep people too preoccupied and they do
not undertake remembrance of Allah. Economic self-reliance is earning a living by working. Halaal earnings are praised. Haraam
earnings are not blessed. Maal is earned by trade, agriculture, manfacture, or providing services. Being rich is having plenty
of maal. It is a source of enjoyment. It may arise from working and earning, from donations, and from inheritance. The relationship
between amount of maal and feeling rich is complex and involves psychological factors. Some with plenty of maal may feel poor
because they aspire for more. Some own very e maal may feel rich because they are satisfied with what they have. There are
many forms of maal: money, offspring, tangible and intangible property. All maal is from Allah. Maal may be associated with
good attributes such as modesty and generosity. It may also be associated with bad attributes such as miserliness, transgression,
kufr, and nifaaq.
9.3 PROPERTY
RIGHTS
Islam
asserts the right to private property that is transferable to others by gift, sale, or inheritance. Maal is a trust from Allah.
The human is a custodian of mal; the real owner is Allah. The human is just a vicegerent in maal. The needy have a right in
a Muslim’s property. Maal should not be given to the foolhardy, safiih, who will waste it. Ultimately the only permanent benefit for a human from his or her maal is the thawaab from sadaqat. The
Law prescribes sanctity of maal, hurmat al maal. Maal cannot be destroyed. The of a Muslim is protected by Law. Special emphasis
is placed on the wealth of the orphan, maal al yatiim.
9.4 THE
ECONOMIC SYSTEM
Allah
enjoined humans to exploit the earth. Earning one’s livelihood was better than dependency but the community must support
those incapable of working. Economic activity within a moral context leads to success on earth and the hereafter, international
brotherhood, equity, justice, equal opportunity, social welfare, and economic efficiency. It must fulfil the 5 purposes of
the Law (maqasid al sharia). The haraam is defined leaving the rest as mubaah. The Law allows free markets, the profit incentive,
private property, and free enterprise within a moral context and limits of the Law. Fabrication of a utopian economic system
and imposing it in the name of Islam is very dangerous. The Law allows people the initiative and creativity to experiment
and find the best system for their time and place within the regulations of the Law. The interdependence of the economic systems
in the world means that an isolated Islamic economic system is difficult to maintain. However any attempts to establish an
Islamic economy, even if not yet perfect, are a step in the right direction and should be encouraged. Two Islamic economic
institutions have been successful in our times: Islamic banking and Islamic insurance.
9.5 ACCUMULATION
OF WEALTH and ITS REGULATION
Humans
differ in rizq. Some inequality is needed for motivation and maintenance of a dynamic economy. The law ensures equity and
equality of opportunity but cannot guarantee equality of actual achievements. Excessive accumulation of maal leads to corruption,
exploitation, hyperconsumption, and waste. Excessive accumulation of maal by one individual is restricted by limiting economic
activity to the halaal goods and services, prohibition of dishonest transactions, encouragement of giving, imposition of zakat,
financial support of the family and relatives, and a system of inheritance that distributes the estate of the deceased among
several inheritors.
10.0 LIFESTYLE
10.1 THE
ESSENTIALS OF LIFE
The essentials
of life are food, water, shelter, security, and clothing. The functions of food are providing body, body growth, and body
maintenance in the best condition. Meals together strengthen social relations are are a form of entertainment The Law forbids
foods specific foods and drinks that are injurious to good health leaving the rest of foods as mubaah. It is prudent to avoid
foods whose status is doubtful. The malnutrition of the rich is over consumption that leads to disease. Malnutrition of the
poor is inadequate intake. Allah provides rizq for all living things. There is enough food in the world but its distribution
is poor; some have too much while others starve. Food shortage is also caused by war, political instability, social injustice,
or economic inefficiency. Humans throughout history have struggled, worked, and even went to war to ensure food security.
Water is is necessary for all chemical reactions in body metabolism. It is used for cleaning and temperature regulation. The
functions of the house are protection from the weather and aggression, privacy, child-rearing, social interaction, rest and
entertainment. Humans need physical security, psychological security, and emotional security. The functions of clothes are
protection from the weather, modesty and covering nakedness, beauty, identification for social intercourse, occupational purposes,
and ibadat. The Law enjoins covering the ‘awrat but gives a wide latitude on how that can be done. Different
dress fashions enable humans derive pleasure from clothes. Dressing for arrogance of for fame is forbidden.
10.2 DRESS
AND ORNAMENTATION
Humans
unlike animals must cover their nakedness for for human dignity and preventing sexual stimulation. The limit of awrat in salat
is the standard. The man's awrat is between the navel and the knee. The woman's awrat
is her entire body except the face and the hands. Awrat should be covered al the time. Exposure of awrat to others is generally
forbidden except for exceptions based on age, gender, social status, fear of temptation, family relations, or occupational
needs. Covering of awrat is relaxed for elderly women, for young children unaware of sexuality, for servants working inside
the house, and for women infront of other women. The spouse can see the whole awrat. Close relatives (male and female), children,
and servants in the hiuse are allowed to see the awrat of a woman except between the navel and the knee. Covering more than
the minimum is required of temptation is feared. A handsome man should cover the legs and the upper part of the body. A stunningly
beautiful woman should veil her face. Innocent non-repeated or non-purposive looks at non-awrat parts of the body are permitted.
What should not be seen should also not be touched. Hijab has great social, religious and political significance. It forces
society to look at a woman as an intelligence and competent member and not a beautiful body to be admired. It asserts Islamic
identity in the face of European cultural and political invasion of the Muslim world. It saves waste of money on imported
cosmetics and dress fashions.
10.3 ENTERTAINMENT,
tarfiih/tarwiih
The Law
forbids immoral and obscene poetry, singing, dancing, and art. Dramatic expositions that are moral and do not violate any
provisions of the Law are permitted. Any entertainment that involves ikhtilaat is forbidden. Making pictures and sculptures
without necessity is discouraged. Pariticipative sports for purposes of building body strength is encouraged. Spectator sports
is discouraged. Sports is discouraged if it is associated with addiction, commercialization, gambling, and violence. All forms
of gambling are forbidden.
10.4 SOCIAL
FAILURE
The Qur’an
describes social failure as ‘ajz, wahn, dhull, and kasal. Failure may be physical, psychological,
or social but all are interrelated. Failure manifests as neglect of Allah’s duties, social incompetence, lack of seriousness,
kufr, misguidance, transgression, temptation, maghram & ma'atham, hamm & ghamm,
jahd al bala & dark al shaqaa, miserliness, distress and sorrow, helplessness, laziness, cowardice, indebtedness,
begging from others, poverty, being overcome by others, vain talk, extravagance, questions on disputed issues, and being hasty.
The ultimate form of failure is loss of self-control and ending up being under the control of passions and becoming an addict
to a habit or a sin. The causes of failure are: forgetting Allah and neglecting His commands, diseases of the heart, and peer
pressure. Social failure is is a result of wrong choices of what life-style to follow.
11.0 SEXUAL
PERVERSIONS
11.1 BACKGROUND
TO ZINA
Non-coital
adultery is a type of minor zina committed by the eye, the ear, the tongue, the mouth, the limbs, and the hands. These organs
are involved in antecedents to the actual crime of illegal sexual intercourse. The Qur'an severely condemned approaching zina.
Antecedents of zina are haram because what leads to haram is also haram. Preventive measures of zina are education, tarbiyyah,
early marriage, and following the Law. Zina and its antecedents are avoided by modesty in dress; prohibition of ikhtilaat
and khalwat, discouraging looking at the opposite sex with desire, privacy of the
home, and huduud as a final deterrent. False accusation of zina, qadhf seem
common and thus easier to commit. Pornography is conducive to zina. Social disapproval of zina by the family and the community
is more effective than legal deterrents. Ghiira is a strong motivation to make sure that spouses and relatives do not
approach zina.
11.2 ANTECEDENTS
OF ZINA
The
antecedents of zina are trans-sexual dressing and behaviour, takhannuth/ stirjaal,
free mixing of the 2 genders, ikhtilat; seclusion, khalwat; lustful the
gaze; and indecent exposure, tabarruj. These
either singly or in combination create an atmosphere conducive to committing zina.
11.3
FORNICATION, zina
Zina as
a result of consensual understanding involving married or unmarried persons is severely prohibited. It may take the form of
prostitution involving exchange of sexual favors in return for monetary or other benefits is prohibited. Forcing women into
prostitution is forbidden. Earnings from prostitution are illegal. Adverse effects of zina are sexually transmitted diseases,
out of wedlock births and illegitimate children who live in physical and emotional deprivation, family break-down, and high
rates of divorce.
11.4 ABNORMAL
SEXUAL BEHAVIORS & PRACTICES
Anal
intercourse, liwaat, male and male or male and female, is severely prohibited and is punishable by death. Masturbation,
istimnaan, is sexual self-stimulation by both males and females. It is makruuh but allowed if it prevents commission
of the bigger crime of zina. The Law prohibits copulation with animals or use of sexual objects and fetishes. The death penalty
is prescribed for a male who commits rape, istikraah. A woman forced into illegal coitus is not punished. The death
penalty is prescribed for incest, ityaan al mahram.
11.5 ABNORMAL
MARITAL ARRANGEMENTS
The law
prohibits abnormal marital arrangements that lead to illegal sexual intercourse. These include temporary marriage, mut’at;
marriage with intention to divorce; nikaah al shighaar (males exchange female relatives in marriage without paying mahr),
and legally invalid marriage, nikaah baatil .
12.0 ADDICTIONS
12.1 DEFINITION OF THE ADDICTION PROBLEM
Addiction
can be to alcohol, tobacco, or psycho-active substances. It may also be addiction to habits, passions, and sins such as sex,
sports, fame, food, or gambling. Other forms of addiction are to power, respect, and money.
12.2 DEPENDENCE AND ADDICTION
Drug dependence
is of two types: physical dependence and psychological dependence. Addiction is inability to control use of a drug or enslavement
to a habit (good or bad) through loss of self-control. Some forms of addiction are innately bad such as addiction to nicotine,
addiction to drugs (alcohol, opiates, sedatives, marihuana, amphetamine, cocaine, caffeine), addiction to gambling, and addiction
to lahw. Some forms of addiction start as habits and practices that are good innately but become bad due to excesses.
This includes sports and halaal food. The addiction process goes through
various stages. It starts as a habit that becomes psychological dependence. It finally ends up as physiological dependence.
Addiction has severe consequences. Addiction to intoxicants is prohibited because it nullifies the purpose of preserving intellect.
It leads to poor health, psychiatric complications, crime, and violation of diin.
12.3 RULINGS ABOUT KHAMR
Khamr
is defined in the Law as any substance that causes intoxication. Alcohol, tobacco, and other psychoactive drugs are not food
but are khamr because they change or impair the mind. With an impaired mind and loss of control a human becomes an
animal. Any thing that causes clouding of the mind is called khamr. Every intoxicant
is prohibited. What intoxicates in large amounts is haram in small amounts. The term alcohol refers to one type of khamr. Khamr is the key to sins and evils. Taking khamr is likened to worshipping idols. The recompense
of a drinker of khamr is jahannam. Iman temporarily disappears from a person at the moment of taking khamr.
The salat of a user of khamr is not accepted. Khamr is not a cure but is a disease. Wide-spread drinking
khamr is an indicator of the coming of the Last Day. Khamr has harms and benefits. The harms are predominant. The benefits
are few and temporary. The harm of khamr lies in its effects on health and its associated sins. Prohibition of khamr was gradual
being carried out in 3 stages. Some people call khamr by another name in order to make it halaal. The Law has several measures
to control addiction to khamr. Manufacture, sale, and distribution of khamr are prohibited. Raw materials for making khamr
should not be sold to a potential manufacturer.
12.4 NON-ALCOHOLIC DRUG ADDICTION
Nicotine
addiction is a type of drug addiction. Addiction to narcotics & sedatives starts as normal pharmalogical use of the drugs
and progresses to harmful addiction. Illicit drugs with no pharmacological benefit are addictive
12.5 PREVENTION
AND TREATMENT OF DRUG ABUSE
The root cause of addiction is following passions, ittiba’u al hawa. Measures
should be taken to stop antecedents to addiction on the basis that what to to haram is haram. While preventing addiction we
should not forget to treat the victims of addiction. Internal measures of addiction control are strengthening iman, taqwa,
ibadat, and dihkr. External measures of addiction control include education, tarbiyat, good use of spare time, and good company.
Rehabilitation of addicts starts with telling them to repent. If they refuse they should be isolated socially. Cognitive therapy
is used to sure the addict understands the impact of addiction on health, wealth, and family life.
13.0 POVERTY
13.1 NATURE
and CAUSES OF POVERTY
The Qur’an
refers to poverty as faqr, masknat, and ‘imlaaq. Shaitan uses human fear of poverty to frighten and control
people. Poverty can be a form of punishment. Poverty has its own merit. The majority of the inhabitants of jannat will be
the poor. The main causes of poverty are family breakdown, non-payment of zakat, social injustice, and physical disasters.
13.2 EFFECTS
OF POVERTY
Poverty
is associated with malnutrition and ill-health. It destroys human dignity and self-worth replacing them with despair and loss
of hope. Poverty undermines self-confidence and assertiveness making it difficult to resist temptation to sin and crime. People
may resort to crime to meet basic human needs. Social instability results when the deprived fight the well to do.
13.3 POVERTY
MITIGATION by SOCIAL WELFARE, takaful ijtimae:
The Qur’an
has taught many ways of mitigating or eradicating poverty. The target groups for poverty programs are the weak and needy:
the maskiin, the faqiir, orphans, widows, and the elderly. Their needs are food, shelter, clothing, medical care, and education.
The main sources of resources are zakat al mal, zakat al fitr, and sadaqat al tatawu’u, kaffarat,
adhahi, ‘aqiiqah, and waqf. The institutions involved in social welfare are the extended family,
waqf institutions, the government, and social insurance.
13.4 ERADICATION
OF POVERTY
Equitable
distribution of the world resources will eliminate much of the poverty existing at the moment. However concerted international
action is not possible. The primary role of the government is to ensure just economic distribution, employment opportunities,
infra-structure, and a non-riba economy. Conditions of peace and stability will enable the community build safety nets for
the most vulnerable citizens. Stability and continuity of the nuclear family protects children from poverty. Open migration
will enable people to move from places with no economic opportunities to others where they can help themselves.
13.5
MISUSE OF WEALTH, taraf
Taraf,
waste of food, and a hedonistic lifestyle waste resources that could have been used to help the poor.
14.0 VIOLENCE
14.1 TAKING
LIFE
Taking
one’s life is a major sin that takes a person to hell and away from jannat. Salat al janazat is not offered for a suicide
victim. Any form of harm to others is forbidden. This may be spilling blood or other forms of physical harm such as beating.
Killing a human without valid reason is forbidden. The Qur’an condemned the killing of prophets by the Jews. Homicide
is a major sin being among the 7 worst sins. The reward of deliberate killing of a believer is hell. Genocide is wholesale
killing of people because of race or other distinguishing characteristic for example the genocide of Banu Israil in Egypt.
Human torture is common. Opponents or those with different ideas are often victims of torture. Even criminals may be tortured
beyond the the legal punishment. The Qur’an condemned the killing of believers at the trenches. Humans throughout their
history have displayed levels of purposeless cruelty to one another that is not found among animals. The weak in the society
have often been victims of this cruelty.
14.2 ABUSE
OF WOMEN
We learn
from books of siirat about the poor status of women on pre-Islamic Arabia. This included
denial of the right to life for the women in the pre-Islamic period, denial of the good things of life from the woman, despise
of the woman in the pre-Islamic period, considering a woman as a bad omen, inheriting the woman like a piece of property,
and sadness at the birth of a girl. The fate of the Quraishi women was worse than that of Ansari women. The woman was also
mistreated in pharaonin Egypt. The low
and despised position of women exposed them to violence at home and outside the home. Islam protected the rights of the woman.
It raised the woman’s status. It acknowledged the physical weakness of mothers necessitating special protection for
them. Killing the woman was forbidden. Good treatment of women was ordained. Making fun of women was prohibited. Abuse of
women can be physical, psychological, sexual, or emotional. Domestic violence is defined as physical violence, coercion, threats,
intimidation, isolation, emotional abuse, sexual abuse, economic abuse. Victims of domestic violence can get protection. Violation
of the protection order is a crime.
14.3 VIOLENCE
TO CHILDREN
Any action
that kills or causes harm of any kind to the fetus in utero is forbidden by the Law. Ancient and modern societies have practiced
infanticide for various reasons. The pre-Islamic Arabs killed their children for fear of poverty. The Pharaohs killed male
infants among the children of Israel.
Islam ordained good treatment of girls. Justice in giving among children was ordained such that some do not feel less loved
and desired. Children are victims of neglect, poor care, beating and torture. Various forms of child sexual abuse are practised:
child prostitution, under-age marriages etc. Child abuse: The state is a protector of children and it can intervene to provide
care if parents neglect their duty. Obligatory vaccination is in the public interest and overrides individual freedoms and
choice. Children are often victims of abuse, physical and psychological.. The battered child syndrome is one of the manifestations
of child abuse. The physician is liable for neglecting to report child abuse.
14.4 ABUSE
OF THE ELDERLY
Old age
is a period of physical weakness. Islam ordained respecting the rights of the elderly. Good treatment of parents is one of
the best acts infront of Allah and has special rewards. If every offspring treated the parents well, there would be no elderly
mistreated in the world. Cursing or mistreating parents is one of the major sins and is accompanied by severe punishment.
It is rare for a person to curse their own parents; they may however curse parents of others who retaliate by cursing their
patents. Allah answers the prayer, dua, of a parent against a child. Geriatric patients or elders can be mistreated by abuse,
neglect, or exploitation either at home or in institutions. Elders because of dementia cannot give consent for research and
a proxy has to be used. Brain injured patient can be abused.
14.5 OTHER
FORMS OF VIOLENCE
Fire should
not be left alight when sleeping. Illegal wars cause a lot of death and suffering. Even in legal wars, no harm is done to
non-combatants. Armed robbery causes harm. Some sports are very aggressive physically for example boxing and wrestling. Some
sports are very risky like climbing, gliding, and skiing. Occupations may expose workers to harmful situations. Litigation
in the occupational setting may arise due to failure to enforce OSHA standards, failure to keep the workers informed, access
to employee records, discrimination in the work-place (gender, pregnancy, fetal protection), workers’ compensation,
and legal liability of occupational exposure.
15.0 DA’AWA
15.1 NATURE
OF ISLAMIC DAWA
Dawa is conveying the message of Islam to Muslims and non-Muslims. It is a communication process involving the caller,
the called, the message, and behavioural change. Tauhid is the basis for all dawa efforts. The Qur’an is the main tool
of dawa. Dawa indicates dynamism of the community because Islam is a missionary religion. Dawa is a collective obligation,
fardh kifayat, however individual efforts even if small are encouraged. Dawa must be undertaken at all places and times. The
first level of dawa is calling to accept the creed accomplished by pronouncing the kalima.
The second level is calling upon individuals and families to practice and live Islam. The third level is calling upon the
whole society to be organized according to the teachings of Islam. Dawa has impact on the caller, the called, and the society
at large.
15.2 THE
CALLER
The caller gets the reward for calling people to guidance. The prophet Muhammad is the best model of a caller. His
message is universal and clear. His behavior, patience, humility, and mercy were effective. He faced problems. The caller
must have the following personality characteristics: patience, wisdom, insight, iman,
‘Ilm, kindness, consideration, firmness, commitment, good personal relations,
generosity, practicality, flexibility, humility, zuhd, qana'a, and taqwa. The most important attribute is commitment, ikhlaas.
The following characteristics make a caller more persuasive: being perceived as honest, personal power, attractiveness, likableness,
similarity to the called, being of the same gender as the called, expertise, and credibility. A caller need not be perfect
to start dawa. Dawa makes him better because of the challenge is that you have to live up to expectations of a celler. All
dawa workers whether full-time of part-time must be receive training tailored to the local situation.
15.3 THE
CALLED
Everybody is targeted, Muslims and non-Muslims, all races and nationalities, all social classes, and all parts of the
world. Dawa to Muslims involves calling them to practice Islam. Dawa to non-Muslims exposes the truth and positives of Islam
while correcting the disinformation by the enemies. It aims at returning them to the natural state of human beings, which
is Islam. Dawa to the general society involves propagating to the general public with the aim of making them aware or conscious
of the presence of Islam. Dawa programs could target special populations such as women, youths, patients in hospitals, prisoners,
students, laborers, and workers. They could also target special social classes such as artists and stars, aristocrats, middle
class, professionals, and ordinary people. The marginalised and rejected members or classes of society are a special target
group for dawa because they are so susceptible. These include: criminals in prisons, drug addicts, the socially deprived,
etc. They are looking for an alternative that will take them out of their sad situation.
15.4 STRATEGIES
AND METHODS
Aggressive and pro-active strategies are better than defensive and reactive ones. Success depends on phasing, gradualism,
tarbiyah, and influence by example. Material incentives should not be used to convince but to attract people to listen to
the message. Dawa requires a wise, polite, non-antagonist, non-critical approach presentation of the Islamic alternative because
truth automatically displaces falsehood. Dawa may be by direct or indirect, personal or impersonal. Personal contact is the
most effective approach. The message should be individualized and customized. It should be simple and direct.
15.5 PLANNING,
EXECUTION, AND EVALUATION
The main elements that a dawa plan covers are: the caller, the called, the time dimension, resources (money, material),
and program control. Dawa requires funding but cannot be professionalized. Volunteers do the legwork and have motivation and
enthusiasm. Coordination eliminates unnecessary duplication and competition. Individual initiative and many organizations
are encouraged. The main objective is unity of purpose and not unity of organization. Program evaluation is used to improve
effectiveness. Process evaluation is easy. Outcome evaluation is difficult because results of dawa are long-term and are not
quantifiable. Success depends on Allah’s will and not only the efforts of the caller. Opposition should never provoke
violent reactions. Dawa is a peaceful process that targets the hearts of men and not their bodies.
16.0 ENJOINING GOOD and FORBIDDING THE BAD, amre & nahy
16.1
OBLIGATION
Amr and nahy are necessary for the maintenance of morality and social order. Amr and nahy
are communal obligations. The prophet said that whoever sees an evil should change it by the hand, it he cannot by the tongue
if he cannot by the heart and that is the weakest of iman. Amre and nahy by the hand and the tongue are fardh kifaayat. Amre
and nahy by the heart is fardh ‘ain. Amr and nahy have 2 components, promotive and inhibitive, that must be balanced.
The promotive component is enjoining the good and the inhibitive component is forbidding the bad. The good, al ma'aruf,
must be in actions, in speech, and in fulfilling obligations. Dawa and advice, nasiihat, are a form of amr and nahy.
16.2.
CONSEQUENCES OF AMRE & NAHY
Amr and
nahy protect society from destruction due to actions of evil doers. There is a great reward for those who guide to the good.
The ummat’s superiority based on undertaking amr and nahy. Neglecting amr and nahy is a reason for punishment. Banu
israil were cursed for abandoning amre and nahy. There is no imam for one who does not attempt amr and nahy. The prophet gave
the example of those who neglect amr and nahy like passengers on a boat in which people sitting at the upper level neglected
to stop those on the lower level from making a hole in the boat which eventually caused the boat to capsize and drown everybody
16.3 HALAL
and HARAM
The person
must know what is halal and what is haram. Halal is done while haram is avoided. Halal and haram are clear but between them
are mutashabihaat. The general guideline about shubuhaat is to leave alone what causes doubt and do only what has no doubt
in it keeping away from grey areas. People unfortunately use the gray area as an excuse to permit the forbidden. Allah wants
that people make use of relaxations that He gave them as much as He hates commission of ma’asiyat. A person is advised
to leave what causes him doubt and go for certainty. Allah does not oblige a human beyond capacity. Once a community
neglects amr and nahy there is social disorder. Scales and values are reversed. The good may be forbidden. It
is forbidden to permit the forbidden as it is equally forbidden to prohibit the permitted.
16.4 METHODOLOGY
OF AMRE and NAHY
Any one
can undertake amr & nahy on the specific subject that they know well. The person need not morally perfect; what is needed
is that he is trying to get better. Amr and nahy
is fard kifayah. Those who undertake it must be adults, believers, and must have
the ability needed for the task. They must have the attributes of knowledge, taqwa,
and good behavior/character. There are several targets of amr and nahy. Some know the truth but reject it out of jealousy like the Yahuud. Some know the truth and
turn away from it for material reasons like the wealthy. Some do not know the truth because of ignorance and may even be enemies
of the truth. Nahy is about specific bad actions that are forbidden by shariat , that exist now, that are obvious, that are known without ijtihad, and any blameworthy, munkar, or forbidden, haram,
act. Amr & nahy are undertaken at all times of day and night. In some special circumstance, it may be better
to wait for a more appropriate time to make sure that the target of amr and nahy will appreciate the message better. Amr and
nahy are undertaken in any place. The method of amr and nahy proceeds by knowing the munkar, explaining that it is wrong,
and nahy verbally by giving advice. If there is no response harsh condemnation is undertaken. If there is no change physical
means of removing the evil are undertaken. Courage is needed. There should be no fear in saying the truth. There must be consistency
between word and deed. A person cannot order good and perform evil. Balance is needed between amr and nahy. Amr and nahy must
be realistic being fulfilled to the extent of ability. The channels of communication used in amr and nahy are speech, lectures,
books, preaching, nasiihat, and pamphlets. Kindness and sympathy are needed.
16.5 INNOVATIONS
In matters of aqidat and ibadat there can be nothing new because all was prescribed in the book and
nothing was left out. Even apparently innocent innovations in matters of aqidat are dangerous because they divert attention
from the spirit of true ibadat and become just rituals.
17.0 SOCIAL CHANGE, taghyiir ijtima’i
17.1 THE
ORIGINAL POSITION IS SUCCESS
The original
default position is success and happiness. Transgressions lead to fall and destruction. If communities believe and have taqwa they get bounties from Allah. Bounties are a test for humans. Bounties are increased
if humans are grateful to Allah. Few humans are grateful. Humans give the lie to Allah’s bounties. Iman is necessary
for happiness on earth.
17.2 CHANGE
IS FOR THE WORSE
The Qur’an
has talked about change from good to worse as destruction of people, communities as punishments for transgression.
17.3.
LAWS OF SOCIAL CHANGE, sunnat al taghyiir
The Qur’an
has described that there are laws of social change, sunnat al llaahi fi al taghyiir.
The same laws applied to all past communities. Allah does not change the original position of a community unless and until
they themselves do evils that necessitate that change. Every community has a fixed span of time. Communities rise and fall
and are replaced by others.
17.4 CAUSES
OF ADVERSE SOCIAL CHANGE
Social change leading to decay is due to ruling with laws not from Allah, hukm bi ghayr ma anzala al llaah, following the false, tab’iyat madhmuumat, luxuries, taraf, disbelief, kufr, giving the lie to the truth, takdhiib al haqq, transgression,
dhulm, crime, ijraam, following desires,
ittiba’u al hawaa, sins, dhunuub,
and wasteful extravagance, israaf.
17.5 CONCEPT
OF REFORM, islaah
The Qur’an
has mentioned reform, islaah. It is essentially the honorable, taba’iyat mahmuudat. The believers will eventually be victorious, nasr
al muminuun. The earth will be inherited by the righteous, wirathat al ardh li
al saalihiin.
18.0 PROFESSIONAL & OCCUPATIONAL ORGANIZATIONS
18.1 ACADEMIC
ASSOCIATIONS
Academic
associations are usually established for three purposes: Intellectual exchange, assertion of rights, and setting or maintaining
Professional ethics/standards. They achieve these purposes through various activities which are inter alia: seminars, publications,
training, certification, and professional discipline. Membership is based on academic qualifications and professional involvement.
Grades of membership may reflect respective professional standing. These organizations value their academic independence and
self control which they feel are necessary for professional integrity. The word ‘alim is generally used to refer to
scholars in the classical Islamic sciences. The term can be extended to all sincere and believing scholars of other disciplines.
Ulama organizations must have the following objectives: dawa, protect Islam and its heritage, application of Islam, Islamization,
advice, and counseling. Membership qualifications may be informal because many Muslim scholars today were not trained in any
formal institutions of higher learning. Some hold academic qualifications from universities or other institutions. In addition
to the academic standing, the member must have Islamic character and values.
18.2 STUDENT
ORGANIZATIONS
Student
extracurricular activities should never interfere with studies. Students have to be good students first before they are anything
else. Programs for students on the campus: worship, tarbiyat and training, academic support, entertainment, career or study
counseling, counseling on social life, protection of Muslim student interests, and dawa. MSA should receive and initiate new students on arrival or if possible even before coming to the University or college.
Routine activities of MSA include: lectures, question forums, study groups, competitions, projects, drama, exhibitions, visits
to hospitals, charitable visits, Islamic newsletter/magazine, video shows, practical demonstrations. The usra type of training
is the best for students. A specific plan must be followed to ensure that there is continuous and balanced tarbiyat all through
the course of study at the university.
18.3 LABOR
AND PROFESSIONAL UNIONS
A labor or professional union is a social institution that should concern itself with larger
issues of controlling inflation, stabilizing prices, expansion of the economy to provide full employment. The union should
also take positions on issues of local and global economy. It should eschew the European concept of continuous social struggle
and conflict between interest groups: employers vs workers, professionals vs clients, government vs unions etc. This contradicts
the Islamic model of social development that requires consensus-building at all stages within the context of Islamic teachings.
Islam equally rejects the Marxist doctrine of class struggle. The idea of labor being a permanent class of society in continuous
struggle with owners should be replaced by a system whereby workers are encouraged to avoid hyper consumerism so that they
may save enough money and buy property and shares and thus gradually join the owners' class. If working class is thus temporary
why the social struggle? The union should promote cooperation between owners and workers in al birr and taqwah instead of
competition and struggle.
19.0 SOCIAL WELFARE and DISASTER RELIEF ORGANIZATIONS
19.1 SOCIAL
WELFARE ORGANIZATIONS
Poverty is defined in absolute and relative terms and its level varies from place to place. Individual poverty is due
to lack of saleable skills, lack of knowledge, lack of opportunities, and misfortunes due to failed economy or discrimination.
The blind, the aged, the mentally and the physically handicapped are incapable of working. Eradication of poverty can be alleviative
or curative. The alleviation is providing assistance. Cure is by job creation, job training/apprenticeship, education, job
search/match, and assuring a minimum wage. Poverty is prevented by compulsory saving, strengthening the family, crisis intervention,
ensuring employment, job training, and inculcating a work ethic. Mutual help in society, takaful al ijtimae, is by
charity and zakat al maal. Charity should be temporary while poverty curative measures are undertaken. Social network are
needed to guarantee basic necessities to all people. The social safety net includes the extended family, community organizations,
and the government. Voluntary work assists the elderly, the handicapped, and the mentally ill. The social welfare institutions
involved in social work are: hospitals and clinics, schools, orphanages, homes for the elderly and the handicapped. The role
of government in social welfare should be limited to regulation, monitoring, or funding. Social welfare work should be in
the hands of private societal organizations. Several social interventions can eradicate poverty such as nasiihat for sinners
and negligent parents, lifestyle changes, control of drug abuse, and supporting the family to survive.
19.2 DISASTER RELIEF ORGANIZATIONS
A
crisis or a disaster situation is said to exist when the magnitude of the problem or its speed of evolution and progression
overwhelm the usual coping mechanisms. Characteristics of a disaster are immediate danger to life, unstable and unpredictable
situation, events happening quickly, emotions high, and no routine or standard responses. Man-made disasters are those
in which humans are involved directly in the causation such as: war/violence, economic disruption, political instability,
and social crisis. Non man-made disasters are disasters that happen without any direct involvement of humans such as
epidemic disease, drought, crop failure, famine, hurricanes, typhoons, flooding, and earthquakes. Managing a disaster requires
a full assessment of its human, geographical, social / psychological, financial / resources, and technological dimensions
Disasters can be anticipated and prevented. The aim of crisis management is to reverse the situation back to normal or limit
the damage done. Crisis management requires speed in information gathering, deciding, and implementing. Because of the rapid
change in status quo, decisions must be updated continuously. Systematic disaster management involves assessing the situation,
assessing potential development, assessing side effects, determining who can be involved, stopping actions that make the situation
worse, deciding the strategy and alternative strategies, continuous review and assessment, and avoiding panicking. The following
processes should go on continuously during disaster management: assessing, planning, implementing, and evaluation. Tracking
progress of a crisis must be timely and accurate. Prioritizing and decision-making are undertaken under pressure of time.
Decisions are made on less that full information more often than in normal situations. Intuition based on previous experience
plays a more prominent role. Routines are very good for dealing with crises. There must be a recognized leader. Speed of response
is very important in a rapidly developing crisis situation. Quick intervention at the right time can limit the damage. A few
crises can become chronic problems if the causative agent continues operating unchecked or if the primary cause leads to secondary
crises that become chronic and are not checked. Most crises are self-limiting and are time-limited. Speed of response is very
important to limit the damage. Late intervention serves no purpose because the damage is already done and the crisis may be
over. In an emergency you may not have the luxury of using the ideal approach. Speed is important and we may have to use less
that ideal quick and dirty solutions. As far as possible you must avoid creating future problems in our haste to resolve a
current crisis. Charismatic leaders usually emerge at times of crisis. They are usually very effective in crisis management.
Each disaster is unique. There are no fixed rules that can cover management of all disasters. There are however some general
principles. Many crises may have to be waited out. Time is the ultimate solution. Epidemics of infectious diseases are self-limiting
in time if spread of the contagion can be controlled. Preventing movement into and out of the stricken region is a first preliminary
measure. Spread of the infection to the healthy can be prevented by appropriate measures of vaccination and other precautions
against infection. Interventions in a crisis situation are always associated with some risk. The intervention may inadvertently
cause more damage. It may not achieve its goal or it may close off other more viable options. Having a fallback plan minimizes
the risk