Loading...

Issues that form the subject of Ijtihad

Following are some of the issues that invite urgent attention of those who would dare to reinterpret the prevailing behaviors in the context of modern times without disturbing the soul and spirit of those behaviors.

1. The role of women in ‘Islamic society: It is to determine the extent of her emancipation and empowerment to make her a useful and active citizen and participant in nations’ social. political and economic life. Women work on agricultural fields, road building construction projects, factories, educational institutions, hospitals, banks, private business projects and offices of all kinds. They participate in social and political activities. This ground reality should be recognized and backed by religious sanction so that women while doing so nurse no sense of guilt and pursue these activities as legitimate careers duly endorsed by Islam. The concept of purdah for women needs to be evaluated. The extremist believes that the ends of purdah are best served by putting a woman in a burqa that hides her person from head to foot. The best illustration of their point of view is provided by the students of Jamia Hafsa of Lal Masjid fame whom the whole nation watched on television shouting Jihadi slogans, waving bamboo sticks as show of strength. The more diehard extremists will not rest at that. They would prefer to wrap up their womenfolk in sheets of cloth to look like Egyptian mummies and have the feeling that they are perhaps the only practicing Muslims around. Some of them, however, are a bit liberal. They permit them to reveal their pair of eyes. This kind of behaviour is nothing but expression of their deep seated prejudices otherwise the spirit of purdah as ordained in the Holy Quran is that women will wear dress that will not expose their feminine charms. A survey of the dresses used by the Pakistani women in various regions of the country confirms that nowhere the traditional apparels violate this divine commandment. It is a rural dominated society where the women assist their men to plough, sow and harvest agricultural fields in addition to looking after the family and performing many other domestic functions. in urban areas too the lifestyle has undergone a revolutionary change. Women have acquired education and professional skills and are taking active part in social, economic and political life of the country. In a number of cases they have also become providers of their families where the men have defaulted in contravention to Allah’s command. Under these circumstances the turqa as symbol of purdah has become irrelevant. Burqa may work both ways. It may hide what is forbidden to reveal. It may also provide a cover up to action which no one would dare to do out of burqa.. Being no more needed in practical life, the burqa has gone out of use. This de facto state of affairs could be recognized as a fit case for its reinterpretation under the provision of Ijtihad.

2. Polygamy is to end, leaving a window open for its rare permission at the highest level under extra-ordinary compulsions as in times of war, for instance, when too many men are lost and too many surviving woman are to be accommodated. Illness of the wile or her failure to bear a child and such like excuses should not be considered valid for second marriage.

3.To evolve riba-free economic System. On what grounds, at one time, the Grand Mufti of Al-Azhar of Egypt declared interest on postal savings as profit. Did he base his fatwa on the distinction between ‘usury’ and loans for investment. Incomes on usury are riba and income from investment loans are profits. Bank loans given or taken for investment produce profits. Any payment made out of profits would be profit and nothing else; hence permissible. However, where money is used as stockin-trade and as a commodity its loaning is an act of usury producing riba and is therefore forbidden. For example a bank proceeds on their credit cards is riba because this activity is purest form of usury. The traditional money-lender ‘used’ money to make money and hence it was called usury. It involved the exploitation of the needy and was a pitiless system therefore declared unIslamic. In international trade and investment activity, if Pakistan continues to consider incomes accruing from it as usury then it cannot legitimately participate in it. The ground reality has to be officially recognized that it is undoubtedly pure and simple profit.

4.  Population control through natural measures should get religious sanction. Size of the family should be squeezed to stop wild growth. Population getting out of hand leads to all kinds of social vices exerting pressures on economic and educational facilities and miscellaneous civic amenities. Quality of life suffers. Family size is to be such which parents can easily handle, educate. groom and bring up their children as useful citizens of an Islamic state.

5.  Feudalism to be declared un-Islamic in every form and manifestation to seal its fate for all times to come.

6.  Jihad: How ‘Jihad’ is to be waged by a traditional military power when faced with nuclear threat. Obviously frontal confrontation would be stark suicide and total annihilation at the hands of the enemy. Also all those conditions should be specified when an activity is not to be considered as Jihad. This is to stop the Mullah to declare Jihad as per his individualistic perception.

7. Zakat being one of the fundamental pillars of Islam is a sensitive matter, it involves money. Its collection and distribution by an un-Islamic set up known for around corruption leads to its misappropriation. Bank depositors lack faith in the system. They resent its deduction from their accounts by the government for three reasons. One; it is violation of their amanat. Two: he is denied the right of distribution of zakat as per his own priorities. Three; forcible deductions are made out of deposits that include ‘riba’ in one form or the other which disturbs the sanctity of zakat money. In an Islamic state, as per above, the right of the depositor to distribute zakat in accordance with own priorities has been recognized. In a riba-free system the depositors may pass on the responsibility of collection and distribution of zakat on their behalf to the government. Zakat is a rich ground for ‘Ijtihad’ because it can be used to eliminate beggary altogether and poverty in general and also discover non- conventional ways to put it to maximum use for which it is really meant.

8.  Punishments for the crimes committed is an important domain where application of ‘Ijtihad’ has also become due. Death penalty is transcendental but the manner of awarding death is transient. Death by stoning or flogging in the presence of public is no more practiced for obvious reasons. Similarly amputation of hands and feet for the offence of theft should be the maximum punishment to be awarded rarely by the court because such an invalid person loses the option of reformation. Moreover he joins the force of the beggars and becomes a burden on the society. Primarily it would be the responsibility of the state to create such happy and prosperous environment that no one thinks of indulging in theft or committing a crime that may warrant any such punishment. With the passage of time, many more areas will be identified for ‘Ijtihad.’ They will give progressive image to Pakistan as an Islamic state. However, if punishments for their violation will neither be available from the Quran nor Sunna nor the Islamized Penal Code, the same will be arrived at through analogies. For example, punishment for drinking was not given in the Quran or Sunnah. Hazrat Au argued since drunk resorts to wrong accusations, he should be awarded 80 lashes because that was the laid down punishment for the said offence. This shows how ‘Ijtihad’ should operate. “Ijtihad is the ‘collective wisdom’ displayed by high profile Islamic Jurists”. They are widely accepted scholars of not only Quran and Hadith but also of temporal subjects like Economics, Philosophy, Psychology, Political Science, World Constitutions, Sciences etc. They form Ijtihad Council.

9. Ijtihad with reference to the Fine arts: There is no denying the fact that Islamic system has to be enforced in truest from with strict reference to the commandments of the Quran and Sunna keeping the doors of Ijtihad open. It shall not be the corrupted version of Taliban or the semi-illiterate mullah who interprets Islam as per their ethnic, cultural and primitive personal prejudices. Islam is a religion of human nature which is a combination of both positive and negative traits. The commandment is to suppress the darker side of man’s self and highlight is brighter aspects. Application of the concept of ‘ljtihad’ on one of the most controversial manifestations of human life i.e. the field of fine arts needs to be looked into. These arts are practiced by individuals as per their Godly gifted talents. The term fine arts coves poetry, music, dance, visual manifestations as movies shown on the TV screen and allied gadgets and static displays in the form of paintings, pictures and photographs etc. A poet must produce poetry and a singer must sing song. A dancer cannot help dancing and a painter has an irresistible urge to paint and an architect to plan building structures. At times in a sweeping verdict all forms of fine arts are declared as repugnant to Islam. This is an extremist view not endorsed by the true Islamic spirit. Islam is a middle of the road faith and shuns extremism. Anything that conform to the positive and spiritual side of the human nature should not be considered as un-Islamic. However, all those arts that project lust. lewdness, base human passions and desires, Sexuality, carnality and lechery etc that militate against the positive pure and spiritual side of the human nature are undoubtedly un-Islamic and the mediums that project these aspects of man’s nature are to be discarded as un-Islamic.

10. When electronic media presents devotional music in praise of Almighty Allah and his chosen people such as prophets and divines it may make use of classical tunes. When these mediums are used to promote public awareness in ethics and morality and general knowledge it should be considered as a teaching aid for the benefit of the viewers. Furthermore, if the music presents purest forms of deep human emotions that show reverence, dedication, love, faithfulness, allegiance, piety godliness, meditation and spirituality and becomes transcendental then it should not be considered un-Islamic. Similarly all other forms of fine arts mentioned above should be evaluated as Islamic or otherwise on this very touchstone.

11. The pictures, paintings and images were once used as articles of worship in pre-Islarnic days and in non-Islamic societies such as the followers of Hindu faith in the modern world. That was the reason why they were ordered to be shunned. However, today the Muslims of each and every sect all over the world have absolutely no such disposition towards them. They make use of pictures and images including movies and static photographs as historical record and as documents of some events of the past. No daily newspaper is complete without the support of pictures that help to make the connected news more expressive and meaningful. Documentary record of an individual must bear his photograph to become authentic. Photographs are to be pasted on official and nonofficial applications such as passports, bio-datas for identification and examination documents etc. The photograph of a criminal required by the law enforcing authorities is widely circulated in the press and through handbills to make his apprehension possible. Maintenance of the photographic record of the family is to refresh the happier moments of the past and also to introduce some person with some other persons who have never met each other. Like so many other things photographs too have entered our lives as a matter of practical necessity. As such it is pointless to enter into a debate whether they are Islamic or otherwise.

Inside the Topic

Evils of feudalism, Most horrifying aspect of the feudalism, May 2013 Elections, Feudals anti-education stance, The vision, The nature of the vision, Education Function, Democracy, Opposition with a difference, Dispensation of Justice , Equitable Distribution , Re-interpreting and updating , Issues that form the subject of Ijtihad, A universal state system, Conclusion, and others.