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A)
Divine Law
When trying to make sense of divine law and its need one would
undoubtedly accept that Allah the almighty is the best one to know all
that works well for the universe as he is the one who created it out of
nothing. So if he is the creator that in all fairness entitles him the right
to legislate, the holy Quran says “Indeed your Lord is Allah, Who created the
heavens and the earth in Six Days, and then He rose over the Throne. He brings the night
as a cover over the day, seeking it rapidly, and (He created) the sun, the moon, the stars
subjected to His Command. Surely, His is the Creation and Commandment. Blessed is
Allah, the Lord of the worlds.” (Araaf:54)
“You do not worship besides Him but only names which you have named, you and your
fathers,— for which Allah has sent down no authority. The command (or the judgement) is
for none but Allah. He has commanded that you worship none but Him, that is the (true)
straight religion, but most men know not”. (Yusuf: 40).
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operational functions of that machine. Likewise Allah (swt) who created
the whole universe including man has also provided divine guidance to
humanity on how to benefit from the creation around them whilst
keeping the injunctions of Allah in sight .
“Do they seek other than the religion of Allah, while to Him submitted all creatures in the
heavens and the earth, willingly or unwillingly. And to Him shall they all be returned. (Al-
imran: 83).
For them are glad tidings, in the life of the present world and in the Hereafter. No change
can there be in the Words of Allah, this is indeed the supreme success. (Yens: 64).
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So it’s not that because we are living in the 20th century under a multi
cultural, diverse society based on humanist values that the laws of
divine guidance need to be changed, ignored or re-interpreted due to
the constant pressure of having to provide logical answers , even the
prophet Muhammad (saw) did not reserve the right to tamper with the
principles of divine law, the holy Quran firstly states this kind of
tampering that went on within societies where those identified as
interpreters of divine law suddenly became law makers, “They took their
rabbis and their monks to be their lords besides Allah and (they also took as their Lord)
Messiah, son of Maryam (Mary), while they were commanded to worship none but One
God; there is no deity except him, exalted is He above whatever they associate with him."
(Tawbah: 31) and the prophet Muhammad is ordered thus, “And when
Our Clear Verses are recited unto them, those who hope not for their meeting with Us, say:
Bring us a Qur’an other than this, or change it."Say (O Muhammad): "It is not for me to
change it on my own accord; I only follow that which is revealed unto me. Verily, I fear the
torment of the Great Day (i.e. the Day of Resurrection). If I were to disobey my Lord."
(Yunus: 15).
Reason
Reason is the mental faculty that is able to generate conclusions from assumptions (Wikipedia)
However, it’s not that divine guidance and reasoning are incompatible
as much of divine guidance falls within the jurisdiction of reasoning,
logic, and human intellect as the holy Quran says
“They ask you (O Muhammad) concerning alcoholic drink and gambling. Say: "In them is a
great sin and (some) benefit, for men, but the sin of them is greater than their benefit." And
they ask you what they ought to spend. Say: "That which is beyond your needs." Thus
Allah makes clear to you His Laws in order that you may give thought."
“Thus does Allah make clear to you his verses (laws) that you may
understand.”(Baqarah:219 and 242).
If divine guidance was beyond reason and human intellect then why
would the Quran command man to put his intellect to use? However in
the same breath the holy Quran has also explained that some may not
be in a position to intellectually understand certain aspects of divine
guidance due to the deformation of one’s natural instinct and intellect
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due to the influence of sin or disbelief, “So be patient for the decision of your
Lord and do not obey from among them a sinner or disbeliever.”(Insan:24) or
sometimes due to the influence of lust and unlawful desire “Then we put
you, [O Muhammad], on an ordained way concerning the matter [of religion]; so follow it
and do not follow the inclinations of those who do not know.”(Jaathiya: 18). So in
both of the above scenarios were ones intellect has been distort, it
would not be possible to measure aspects of divine law and guidance
on the balance of such deformed intellect.
So it’s not that the divine law is beyond reasoning or human intellect
but rather a distort intellect which is failing to reason with the divine
ruling.
“This is the Book (the Qur’an), whereof there is no doubt, a guidance to those who are
conscious of Allah, who believe in the unseen (which includes that which may seem to be
beyond reason) .” (Baqarah: 2 and 3).
Hadhrat Aa'isha - narrates that after the Prophet of Allah was taken on
the historic night journey to Masjidul Aqsa (and then to the heavens),
he narrated it to the people the following morning. On that occasion
(by disbelieving it), some people who had previously professed Imaan
left the fold of Islaam. The people then rushed to Hadhrat Abu Bakr (ra)saying,
"What have you now to say about your friend who claims that he was
taken on a night journey to Baytul Maqdas?" "Did he say that?" asked
Hadhrat Abu Bakr(ra) "Yes, he did," they confirmed. Hadhrat Abu
Bakr(ra) ; then said, "If he said it, then he is speaking the truth." The people
exclaimed, "Do you believe that he could have gone to Baytul Maqdas
at night and then returned before dawn?" "Of course," Hadhrat Abu
Bakr (ra) said, "In fact, I believe him regarding matters that seem much
more unbelievable than that. I believe in the news from the heavens
that he brings day and night." It was because of this that Hadhrat Abu
Bakr(ra) received the title of Siddeeq.
Another narration states that on this occasion, some people who had
previously professed Imaan left the fold of Islaam, while-others
believed (without question). The incident was in essence a great test
for the people. Yet another narration states that after hearing
Rasulullaah account, they went to Hadhrat Abu Bakr(ra) saying, "What
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have you now to say about your friend who says that he travelled a
distance of a month's journey last night and returned before dawn?"
"Did he say that?" asked Hadhrat Abu Bakr (ra)... The rest of the
narration is the same as above. Bayhaqi, as quoted in the Tafseer of Ibn
Katheer (Vol.3 Pg.21).Muntakhab Kanzul Ummaal (Vo1.4 Pg.353).Ibn Abi Haatim, as
quoted in the Tafseer of Ibn Katheer (Vo1.3 Pg.7).
The original sources that form the framework of divine law are four in
total. We have
the holy Quran(Hud: 1) “This is a book whose verses are perfected and then
presented in detail from the Most Wise and Most Aquainted”.
Scholarly consensus known as ijma “And whoever contradicts and opposes the
Messenger (Muhammad SAW) after the right path has been shown clearly to him, and
follows other than the believers way.” (Nisa: 115)
and Scholarly based analogy known as qiyas “And these similitudes We put
forward for mankind, but none will understand them except those who have knowledge”
(Ankaboot: 43).
Any verdict derived from any of the above four sources would be
considered an element of divine law.
Word of caution
Final word
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parallel to divine law in order to validate or invalidate divine law and
becomes a legislation in it self we are treading on dangerous grounds.
Of all the world's great men none has been so much maligned
as Muhammad. (W.MontgomeryWatt,Muhammad at Medina,Oxford University
Press,1956).
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When examining the authentic Hadith (naql) related to this issue it is
clear that the prophet Muhammad (pbuh) did marry Aisha at the age
of 6, but they also show that the consummation of the marriage was
not complete until she was 9 years old. So lets take a sample of
narrations both from Sahih Bukhari and Sahih Muslim to help
determine the exact age;
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Aisha (Allah be pleased with her) reported that Allah's Apostle (may
peace be upon him) married her when she was seven years old, and
he was taken to his house as a bride when she was nine, her dolls
were with her; when he (the Holy Prophet) died she was eighteen
years old.
when looking at the Ahadith we see that from the four hadith narrated
by Sahih al-Bukhari, in which two are narrated from Hazrat Aisha(ra)
(7:64 and7:65), 1 from Abu Hishaam (ra) (5:236) and 1 via Ursa (ra)
(7:88) and from the three hadith in Sahih Muslim which are narrated
by Hazrat Aisha (ra) herself, both books agree that the marriage
betrothal (zawaj) contract took place when Hazrat Aisha (ra) was "6
years old'', but was not consummated (meaning: fulfilled ) until she
was "9 years old".
We now reach our first conclusion that the age Of Hazrat Aisha (RA) at
the time of marriage to the Prophet Muhammad (pbuh) was not six but
rather nine years of age. Why theirwas a delay of three years before
the marriage was consummated will be examined shortly.
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In the light of divine guidance the Quranic text (naql) makes it clear
that Islam associates marriage to physical & mental maturity and
adulthood as can be deducted from the following verses:
Consent
Let us firstly take a look at the issue of consent , we see that in the
formentioned ahadith Hazrat Aisha (ra) herself goes onto state that the
Prophet of Allah (pbuh) '...admitted (me) to his house when I was
nine years old’ (Sahih Muslim: Book 008, No.3310) and in another
hadith we sight the narrator identifying Hazrat Aisha (ra) as the
consummator of the marriage and (Aisha) consummated (completed)
her marriage when she was 9 years old. (Saheeh al-Bukhari, Volume 7,
Book 62, No.64)
Both these hadith indicate that the Prophets initial verbal contract at
her age of six was then followed by a gap of three years to allow
Hazrat Aisha (ra) to physically and psychologically develop and mature
to be able to give her own consent. even though Hazrat Aisha (ra) was
taken to be one of the most learned women of the time of the Prophet
(pbuh) and in the years after his death not one narration directly from
her or any one of her students sights Hazrat Aisha (ra) as having any
kind of remorse over her marriage, rather when Hazrat Aisha (ra)
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would ever talk about her distinguishing merits in comparison to the
other wifes of the Prophet (pbuh) she would state:
“i have the privilege of being the only virgin to have entered
the wedlock of the Prophet (pbuh), prior to my marriage to the
Prophet (pbuh) the angel Gabriel (Jibraeel) presented an image
of my self to the Prophet (pbuh) and proclaimed that it is the
order of Allah (swt) that you should marry this woman……”
(majmauz zawaid vol 9:241).
The ahadith also give reference to the fact that parental consent was
also present…..
When The Prophet asked Abu Bakr the father for Aisha's hand in
marriage. Abu Bakr replied "But I am your brother." it wasn’t that Abu
Bakr was perturbed or shocked at the Prophets initial request of
marriage to his daughter at a young age but rather struggled to make
sense of the request in light of the wrong notion prevalent at the time
that to marry the daughter of a man whom one declared to be one’s
brother was non viable.
The Prophet (may peace be upon him), with the help of his personal
example, showed to the people the great difference between the
brother in faith and the brother in relation to the blood.
The Prophet replied, "You are my brother in Allah's religion and His
Book, but she (Aisha) is lawful for me to marry." (Sahih al-Bukhari,
Volume 7, Book 62, Number 18)
The Prophet (pbuh) here explained that the marriage which is
forbidden in Islam is with the daughter of the brother in blood and not
with the daughter of the brother in faith or somebody who may be
considered a brother due to a strong brotherly type relationship.
Once this issue was settled Hazrat Abubakr (ra) had no objection to the
marriage and we can see that he himself encouraged the
consummation of the marriage.
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Maturity
The second condition that the Islamic faith identifies for purpose of
marriage is Maturity and the “process of sexually maturing is
termed as puberty”(wikipedia).
Tafsir al-Tabari: Clearly states that "And when He said 'they reach
the (age of) marriage then He means they reached puberty (al-hulum).
Tafsir al-Qurtubi: In regards to the statement "until they reach the
(age of) marriage", Imam al-Qurtubi says, "meaning puberty (al-
hulum). And said the Most High, 'When children reach puberty' (al-Nur
59),meaning puberty (al-balugh) and state of marriage (wa hal al-
nikah)."
Tafsir Ibn Kathir: In explaining, "until they reach the (age of)
marriage", he states that "Mujahid said meaning puberty (al-hulum)".
Tafsir al-Jalalayn: Contains the explanation that: "'And Challenge'
test 'the orphans' before they reach puberty in their religion and their
conduct 'until they reach the (age of) marriage', meaning they
reach puberty or the age of fifteen years old according to the Shafi'is".
HOWEVER ITS NOT ONLY Islam that holds this view that if you are at
the stage of puberty, you are considered mature and able to consent
to marriage. An interesting article on the age at which people married
in Biblical times is Ancient Israelite Marriage Customs, by Jim West,
ThD - a Baptist minister. This article states that:
“The wife was to be taken from within the larger family circle
(usually at the outset of puberty or around the age of 13) in
order to maintain the purity of the family line”; This is just one
reference to the fact that the onset of puberty was considered the age
at which young people could marry. That people in Biblical times
married at an early age is widely endorsed.
While discussing the meaning of the word 'almah, which is the Hebrew
word for "young woman" or "adolescent female", Gerald Segal says:
“It should be noted, however, that in biblical times females
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married at an early age” (Gerald Sigal, The Jew and the Christian
Missionary, Ktav Publishing House,1981, page 28.)
If any ONE of the 3 for boys or 4 for girls appears he/she has reached
the age of accountability and is no longer a child Islamically in the legal
sense. One should note that 15 years of age is not the threshold for
identifying an individual to be mature or at the age of puberty but
rather a final measure to identify an individual as legally responsible
for his actions if any of the other signs of puberty have not yet
developed. So it would be pointless to say that Islam sets the age of
puberty at 15 alone, but rather Islam has laid down no age limit for
puberty for it varies with countries and races due to the climate,
hereditary, physical and social conditions.
Those who live in cold regions attain puberty at a much later age as
compared with those living in hot regions where both male and female
attain it at a quite early age. "The average temperature of the country
or province," say the well-known authors of the book Woman, "is
considered the chief factor here, not only with regard to menstruation
but as regards the whole of sexual development at puberty (Herman H.
Ploss, Max Bartels and Paul Bartels, Woman, Volume I, Lord & Bransby,
1988, page 563.)
Further study reveals although puberty usually starts between ages 8
to 13 in girls, it may start earlier or later. Everyone's body changes at a
different time. Whether you have breasts at age 10 or have not started
your period by age 14, do not worry. Everyone goes through puberty
eventually.
(http://www.healthtouch.com/bin/EContent_HT/cnoteShowLfts.asp?
fname=07103&title=PUBERTY+IN+GIRLS+&cid=HTHLTH)
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The American Heritage dictionary states the following Puberty: 1. The
stage of adolescence in which an individual becomes physiologically
capable of sexual reproduction.
Adolescent: 1. Of, relating to, or undergoing adolescence. A young
person who has undergone puberty but who has not reached full
maturity; a teenager.
When we now connect the word “adolescent” with the word “puberty.”
We notice there is no fixed age limit such as in our debate 9 years of
age that can be imposed [on a person’s age] when he/she can be an
adolescent and/or of the age of puberty or when a person is capable of
sexual reproduction. Even science cannot prove this.
So on what basis can one say that Hazrat Aisha (ra) was a
prepubescent child ?
The following prove the fact that Hazrat Aisha(ra) had her menses and
went through puberty and was a developed young lady at 9 years of
age.
“The Prophet used to tell us during our period to wear a skirt before
(physically) approaching us". Bukhari (Book 6, Hadith 296), Muslim
(Kitab Al Hayd, Hadith 2)
The messenger of Allah (SAW) said to me: Get me the mat fromthe
mosque''. I said: ''I am menstruating''. Upon this he remarked: ''Your
menstruation is not in your hands.” (Sahih Muslim:Hadith No.15973
Sahi Al-Bukhari Volume 1, Book 6, No. 299)
We can also see Hazrat Aisha (ra) being ill and going through menses
before marriage which indicated that she was going through puberty.
Narrated Aisha (ra): The Prophet engaged me when I was a girl of six
(years). We went to Medina and stayed at the home of Bani-al-
Harith bin Khazraj. Then I got ill and my hair fell down. (Sahih Bukhari
Volume 5, Book 58, No.234)
Hazrat Aisha (ra) describing herself and her acquaintances goes onto
say: "When the girl reaches nine years of age she is a woman" (Sunan
al-Tirmidhi's Kitab al-Nikah).
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Finally if the Holy Quran itself has ordained the age of marriage as
the age of puberty and maturity, do we really think that the Prophet
(pbuh) would ignore this injunction, and for a second if he was to
ignore this injunction would Allah not have reprimanded this action
yet we find that whilst verses of the Holy Quran were being revealed
morning and evening there is not a single verse addressing this issue.
So we may now conclude that Hazrat Aisha (ra) was not a
prepubescent child but rather she had reached puberty and was a
young lady.
Aisha (Allah be pleased with her) reported that Allah's Apostle (may
peace be upon him) married her when she was seven years old, and he
was taken to his house as a bride when she was nine, and her dolls
were with her; and when he (the Holy Prophet) died she was eighteen
years old. (Sahih Muslim, Book 008, Number 3311)
Aisha reported that she used to PLAY WITH DOLLS in the presence of
Allah's Messenger (may peace be upon him) and when her playmates
came to her they left (the house) because they felt shy of Allah's
Messenger (may peace be upon him), whereas Allah's Messenger (may
peace be upon him) sent them to her. (Sahih Muslim, Book
031, Number 5981)
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(Voices from the Past", Jay Teague, 2005 July, Houston Teachers
Institute)
"Child marriage may not have been the norm in America in the 19th
century, but it clearly wasn't too rare, because it's featured in some of
the most popular historical novels based on real experiences ...
mountain patterns where it was the accepted custom for a girl to get
married when she should still be skipping around, climbing trees,
catching lightning bugs, pumping high in a homemade swing, and
playing elves and fairies in a cool glen." (Anecdotal evidence for child
marriage in America", Jane Galt, 2007)
Low Self Esteem : the following two testimonies will help prove the fact
that the Prophet(pbuh) was surely not subject to low self esteem ;
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The following extract has been taken from the book "The 100 - a
Ranking of the Most Influential Person in History" by Michael H. Hart, a
Christian American, an astronomer, a mathematician, a chess master,
and a scientist. After extensive research, he rated prophet Muhammad
(PBUH) as number one and to be considered as the most influential
single figure in human history.
"I wanted to know the best of one who holds today's undisputed
sway over the hearts of millions of mankind. I became more than
convinced that it was not the sword that won a place for Islam in
those days in the scheme of life. It was the rigid simplicity, the
utter self-effacement of the Prophet, the scrupulous regard for
his pledges, his intense devotion to this friends and followers, his
intrepidity, his fearlessness, his absolute trust in God and in his
own mission. These and not the sword carried everything before
them and surmounted every obstacle. When I closed the 2nd
volume (of the Prophet's biography), I was sorry there was not
more for me to read of the great life."
Let’s not forget that Hazrat Aisha (ra) was not the first but the third
wife of the Prophet (pbuh).The Prophet (pbuh)firstly married Hazrat
khadijah (ra) when at the time the Prophet (pbuh) was twenty five
years of age and Hazrat Khadijah (ra) was forty years of age, the
prophet(pbuh) was married to Hazrat Khadijah (ra) for twenty five
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years and was blessed with a total of six children.(seerat e Mustafa
vol 3:287 Mol,Idris Khandalavi)
Sahih Al-Bukhari
(on the authority of his father) Aisha (ra) said: "Whenever Allah's
Apostle (pbuh) wanted to fondle anyone of us during her periods
(menses), he used to order her to put on an Izar and start fondling
her." Aisha (ra) added, "None of you could control his sexual desires
as the Prophet could."
Sahih Muslim
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1 - He saw a dream about marrying her. It is proven in al-
Bukhaari from the hadeeth of Hazrat Aisha (may Allaah be pleased
with her) that the Prophet (peace and blessings of Allaah be upon
him) said to her: "You were shown to me twice in a dream. I saw that
you were wrapped in a piece of silk, and it was said, ‘This is your
wife.' I uncovered her and saw that it was you. I said, If this is
from Allaah then it will come to pass.'" (Narrated by al-Bukhaari, no.
3682).
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never be of anything save cementing his relation with Hazrat
Abu Bakr (ra),Aisha's (ra) father.
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