Concept of Rights in Islam by Shivam Goel PDF

!
" #!$ !
% & '( )! &
* + )! ')! , &
* )! - . , )! ! ./
+ )!0'120
3"
!4/2
0 0 ( !
) + 1/ )! '1
( . +
! 5 3
6 " ! !
/ !
2"#$

./!7/

4'*,+,
87/&.'9:+
,!)!(4
:;"
0.*-;',"

"+

Electronic copy available at: http://ssrn.com/abstract=2583422

Electronic copy available at:

!

" # $ !%
! & $ '
' ($ ' # % %
) %* %' $ '
+ " % &
' ! #
$,
( $

- .

!
"- ( %

.
% % % %
$ $ $ -
-
- -
// $$$
0

1"1"#23."

4&)*5/ +)

* !6!& 7!8%779:9& % ) -
2
; !
* &

/- <:=9>4&)*5/ +)

"3 " & :=9>
Concept of Rights in Islam
“And do not debate with the People of the Book except with the best of manners
and unless those of them who were aggressors (unjust or exceeded just limits).
Say (to them): We believe in what has been revealed to us and what has been
revealed to you; Our God and your God is One, and to Him we are submitting.”
-The Holy Quran (Chapter 29, Verse 46)
Shivam Goel
B.Com Honours- Delhi University

LL.B. - Delhi University
LL.M. - WB National University of Juridical Sciences, Kolkata
1

Index
Page No.
Chapter 1: Introduction 5- 23
• Islam
• Islam and Muhammad (PBUH)
• Tenets of Islamic Jurisprudence
Faith and Law
Concept of Rights
Concept of Justice
Concept of Freedom
Jihad and Islam
Trade, Commerce and Intercourse
Family and Modernity
Chapter 2: Human Rights and Islam 24- 32
• Right to Life
• Right to Freedom of Religion
• Right to a Basic Standard of Life
• Right to Justice
• Right against Slavery
• Protection of the Rights of the Orphans
• Protection of the Rights of the Heirs
Chapter 3: Rights of Women in Islam 33- 44
• Gender Equality in Islam
• Muslim Women and Hijab
• Women Empowerment through Education
• Islam, Women and Inheritance
• Divorce on Triple Pronouncement of “Talaq”
• Islam and Polygamy
• Women held as ‘Half Witness’ in Islam
• Concept of Muta Marriage
• Child Marriages and Islam
• Marital Rape in Islam

3
Chapter 4: Environment & Animal Rights in Islam 45- 48
• Ethical Treatment to Animals
• Consumption of Meat
• Animal Sacrifice and Islam
Chapter 5: Conclusion 49- 52
Bibliography 53- 54
4
Concept of Rights in Islam
Chapter 1: Introduction
Islam is the second largest religion in the world after Christianity. A comprehensive
demographic study of more than 200 countries indicates that there are 1.57 billion
Muslims in the world today, representing 23% of the world population.1 The six
elements of the Islamic creed are: the belief in One God and the belief in His Angels;
His Books; His Messengers as well as the belief in the Day of Judgement and the
belief in God’s Divine Pre-ordainment.
Islam2: Islam in simple words means submission and devotion to One God. The
literal meaning of Islam is surrender, submission and peace, that is, surrender and
submission before the will of God to attain peace. A person who accepts Islam as his
religion is called a Muslim.3 It is a religion of monotheism where the adherent to
Islam believes that God is one and incomparable. He has no partners and sons. He
begets not nor was begotten (neither gives birth, nor was born). He created the whole
universe and all beings. No one shares with ‘Him’, His Divinity and no one has the
right to be worshiped or prayed but Him alone.
Islam does not uphold asceticism or escapism.4 In Islam true mysticism is

embellishment of one’s thought and action; no lip service; no hypocritical and
ostentatious action. Islamic mysticism stands for the harmonious integration of body
and soul, and the goal of the Islamic teachings is to strengthen human ties so that a
just and peaceful social order can exist. Islam believes in the rule of law and in Islam
politics is subordinate to moral values. There is no priesthood or institution of clergy
in Islam. All individuals possessing good character and having good knowledge of
the religion can lead congregational prayer, perform nikah (marriage rites) and can
conduct funeral proceedings. Islam does not believe in any kind of intervention,

1
Data Source: Pew Forum on Religion and Public Life (2009)
2
Islamic tradition has it that there have been 128,000 prophets on earth, and 104 revealed Books. The Torah, the
Psalms, the Gospel, and the Quran are considered as the four most important of these Books from the point of view of
Islamic tradition. Not all of the prophets were major figures of appreciation and fame like Moses, Jesus and
Muhammad. The Holy Quran says, “And We certainly sent Envoys before you (Muhammad); some of them we have
told you about, and some of them we have not told you about.” See: Thomas Cleary, The Essential Koran: The Heart of
Islam, Harper Collins Publication, 2011 Edition, p.180
3
See: Kaleem Ullah Khan, Islam: The Source of Universal Peace, Goodword Books Publication, 2007 Edition,
Chapter: Meaning of Islam, p.16
4
See: The Holy Quran, Verse 57:27, “As for monastic asceticism- we did not enjoin it upon them; they invented it
themselves”.
5
mediation or intercession through a priest, imam or saint between an individual
worshipper and his Creator.5
For centuries the people in the West have called Islam as “the religion of the final
prophet, Muhammad (PBUH)” and Muslims as “Mohammedans”; Muslims have
always considered this as a gross misrepresentation and ill-interpretation of their
faith. Some of the gross fallacies underlying Islam are that, Muhammad (PBUH) is
the originator of Islam and Muslims worship Muhammad (PBUH).6 The fact is that,
Islam predates Muhammad (PBUH), as the Holy Quran indicates that God spoke to
Abraham, Ishmael, Isaac, Jacob, Moses and Jesus. Moreover, one-third of the Holy
Quran talks about Moses and the incidents the children of Israel went through. In
addition, the Holy Quran mentions some of the prophets who were sent to the
children of Israel such as Aaron, Zachariah and John.7 Hence, to say that Islam is a
religion of new invent post the Muhammad (PBUH) will be grossly wrong.8 A
person who accepts Islam as his religion has to declare Kalima Shahadah, which
reads as, “I bear witness that there is no one worthy of worship except God; I also
bear witness that Muhammad (PBUH) is His servant and messenger”. Islam declares
that worshipping anyone other than one God (“Allah”) or ascribing partners to Him
as the gravest and unpardonable sin.9
The Concept of God: Belief in One Almighty, Omnipotent, Omniscient, Sovereign

God, Creator and Preserver of the whole universe without any partners and above
any limitations is the central point or pivot of Islam.10 The Holy Quran declares the
name of God as “Allah”.11 It is pronounced as “Allaah”, that is with a long vowel

5
See: The Holy Quran, Verse 2:186, “(O Prophet) If my believers ask thee about Me- behold, I am near; I respond to
the call of him who calls, whenever he calls unto Me; let them, then respond unto Me, and believe in Me, so that they
might follow the right way.”
6
When Muslims mention Muhammad’s name, it is a religious requirement to show respect and say “peace be upon
him”, which is commonly abbreviated as PBUH.
7
The Holy Quran mentions 25 prophets and messengers by name and further it focuses on the stories of some of them.
For example, in the Holy Quran, Adam is mentioned 25 times, Noah is mentioned 43 times, Abraham is mentioned 69
times, Moses is mentioned 136 times and Jesus is mentioned 25 times.
8
Muhammad said: “My similitude in comparison with the other prophets before me is that of a man who has built a
house completely and excellently except for a place of one brick. When people see the house, they admire its beauty
and say: how splendid the house will be if the missing brick is put in its place. So I am that brick, and I am the last of
the prophets”. (Narrated by Bukhari 4.734, 4.735)
9
See: The Holy Quran (Chapter 4, Verse 48), “Verily God does not forgive the ascribing divinity to aught beside Him”.
Also see: The Holy Quran (Chapter 31, Verse 13), “Do not ascribe divine powers to aught beside God; for behold, such
(a false) ascribing of divinity is indeed an awesome wrong.”
10
The Holy Quran begins with the verse, “Praise be to Almighty Allah (Creator and) Preserver of all the worlds”; and
ends with, “Say (O Prophet) I seek refuge with the Preserver of mankind (and not of a particular country or race)”.
11
See: The Holy Quran (Chapter 59, Verse 22), “He is Allah besides whom there is no God: The knower of the unseen
and seen; He is the Beneficent, the Merciful”.
6
“a”. God is believed to have many attributes and adjectives.12 In Islam there are
ninety nine acknowledged “beautiful names” and attributes for Allah.13 For example,
God is the Most Merciful and All Knowing. No one can be more knowledgeable than
Him.
Islam believes that the concept of the unity of God (tawhid) delivers man not only
from the slavery of animate and inanimate objects but also from all the forces of
nature whether on the earth or in the heavens (the Angels) as the man is placed above
all the creations of God and is asked to bow before Him only.14
Islam and Muhammad (PBUH)15:
Prophet Muhammad (PBUH) - Personal Details:
Name Muhammad (Peace be Upon Him)

Father’s Name Abdullah, son of Abdul-Muttalib (The reaches back to the
Prophet Ishmael, the son of Prophet Abraham)
Surname (Clan) He was from Bani-Hashim family (Bani-Hashim was from
Quraysh, a tribe that was highly ranked in Arabia)
Date of Birth 22nd April, 570 C.E.

Place of Birth City of Mecca, Arabian Peninsula (Currently in Saudi
Arabia)
Date of Death 6th June, 632 C.E.
Death and Burial City of Madinah (Approximately 450 kilometres North of
Place Mecca)

12
See: The Holy Quran (Chapter 59, Verse 23), “He is Allah, besides whom there is no God; the King, the Holy, the
Author of Peace, the Granter of Security, Guardian over all, the Mighty, the Supreme, the possessor of greatness. Glory
should be to Allah from that which they set up (with Him)!”
13
See: The Holy Quran (Chapter 59, Verse 24), “He is Allah; the Creator, the Maker and the Fashioner: His are the
most beautiful names. Whatever is in the heavens and the earth declares His glory; and He is the Mighty, the Wise.”
14
See: The Holy Quran (Chapter 41, Verse 37), “Among His signs are the night and the day, as well as the sun and the
moon: (hence) adore not the sun or the moon, but prostrate yourselves in adoration before God (only), the One who has
created them if it is Him whom you (really) worship.” Also see: The Holy Quran (Chapter 31, Verse 20), “Are you not
aware that God has made subservient to you that is in the heavens and all that is on earth and has lavished upon you His
blessings, both outward and inward.”
15
Muhammad (PBUH) never knew that he would be a prophet. He led an ethical life and was known for his fidelity,
integrity and trustworthiness. He never worshipped idols when idol worship was rife in a polytheistic society. He
always believed that the whole universe must have been created and controlled by One God. He used to worship God
by retreating to a cave on a mount 4 km east of Mecca.
7
The Holy Quran was revealed through the Prophet Muhammad, who was born
around the year 570 C.E. Muhammad (PBUH) was of the noble Quraysh clan, the
custodians of the sacred shrine of Mecca, believed to have been built by Abraham in
the remote past. Orphaned at an early age, Muhammad developed into a sober and
responsible young man, known for his trustworthiness. When he was 25 years old, he
married his employer, a successful businesswoman most impressed by Muhammad’s
goodness. The first revelation came to him when he was 40 years old. It took place
during one of his periodic meditation retreats in a mountain cave outside Mecca. Far
from inflated by the experience, Muhammad was fearful and demurred; he rushed
home to his wife and anxiously revealed what had happened to him. Reminding him
of his virtues, she assured him that he was not mad. Then she took him to a cousin, a
Christian, who listened to the beginnings of the Recital and declared it to be of the
same Truth as that brought by Moses and Jesus.16
Muhammad (PBUH) introduced himself as the Messenger of God.17 He devoted his

life for a noble cause and described himself as the final brick that completed a
beautiful building which represented all prophets and messengers God sent before
him. Prophet Muhammad revered all true prophets and messengers that came before
him. He acknowledged Abraham as the father of many prophets and as the one who
was commanded by the God to establish “Ka’bah”, a house of worship purely for
Allah (the One God). Muhammad (PBUH) acknowledged Moses as the messenger of
God and the prophet who brought a “Book of Guidance” for the children of Israel.
Muhammad (PBUH) acknowledged Jesus and gave glad tidings to all believers that
Jesus will return one day before the end of life on the earth. He will fight evil, end
conflicts and unite all believers in God under his banner. Muhammad (PBUH)
warned Muslims about the false Messiah and asked them to follow Jesus when he
returns. After receiving divine revelation from God and within 23 years, Muhammad
(PBUH) succeeded to unite the people of Arabia under one banner, that is, Islam. He
purified Ka’bah from idols and paganism in order to restore its original purpose; a
house of worship purely for One God (Allah).18

16
See: Thomas Cleary, The Essential Koran: The Heart of Islam, Harper Collins Publication, 2011 Edition, p. XI
17
In Arabic, the word “Muhammad” means the person who is highly, frequently and repeatedly praised for his good
deeds. Therefore, he is a praiseworthy person.
18
See: Michael H. Hart, The Prophet of Islam: Muhammad, Islamic Sciences & Research Academy Australia, Third
Edition (2013), Chapter 3: Biography, p.27-65
8
Mission of Prophet Muhammad was accomplished in 23 years- Timeline of events:
570 C.E. Birth of the Prophet. He was born in the City of Mecca. His
father died two months before his death.
577 C.E. Aaminah, the mother of the Prophet died. Post her death
Muhammad (PBUH) was brought up by his grandfather Abdul
Muttalib.
579 C.E. Abdul Muttalib died at the age of 82. Post his death, the Prophet
was brought up by one of his uncles Abu Talib.
583 C.E. The Prophet travelled to Syria with his uncle Abu Talib on a
trading mission.
596 C.E. At the age of 25, the Prophet accepted the marriage offer from
Khadeeja. Khadeeja was 15 years elder to Prophet. She bore him
four daughters and two sons.
606 C.E. Prophet participated in the rebuilding of the Ka’bah.
610 C.E. At the age of 40, while meditating in a cave on the Mount Hira,
Prophet received the first revelation through Angel Gabriel.
The first converts to Islam were Khadeeja (Wife of the Prophet),
Abu Bakar (Prophet’s Childhood Friend), Ali (Son of Abu
Talib) and Zaid (Servant of the Prophet).
613 C.E. Persecution of the Muslims started at the hands of the infidels of
Mecca. Abu Lahab, Abu Jahl, Aqba Bin Abi Maeet, Waleed Bin
Mughaira, Ubay Bin Khalaf and Nazar Bin Haarith, were among
the greatest enemies of Islam.
616 C.E. (The To escape the terrible persecution at the hands of the infidels of
First Mecca, the Muslims immigrated to Abyssinia on the advice of
Migration- the Prophet. The first batch included 11 men and 4 women and
Hijrah) the second batch included about 80 men. After sometime the
Muslims returned to Mecca.
617 C.E. Conversion of Umar Bin Khattab and Hamza Bin Abdul
Muttalib to the new faith boosted the morale of the Muslims.
618 C.E. Mecca declared social boycott of Muhammad (PBUH) and his
followers. The faithful were forced to take refuge in one of the
defiles of Mecca. This boycott continued for 3 years.
621 C.E. (The Prophet Muhammad’s most affectionate uncle and protector Abu
year of “Grief Talib died at the age of 80. Few months later, Khadeeja (the
9
and Sorrow”) beloved wife of the Prophet) passed away. Muhammad (PBUH)
lost hope in Mecca and decided to convey the Message of God
and seek support outside Mecca. He went to the City of Ta’if but
was met with hostility. In addition, he spoke to more than 20
Arab Tribes about Islam but he did not receive any positive
response.
622 C.E. Muhammad (PBUH) met six people from Yathrib (A City
located 450 Kilometres North of Mecca) during the pilgrimage
time and spoke to them about Islam. They believed him and later
returned to their city with the intention to invite more people
from their own tribe and other tribes in Yathrib. They agreed to
return to Mecca the next year at the time of pilgrimage to meet
again with Muhammad (PBUH).
The same group returned the following year with six more
people. They pledged their allegiance to Muhammad (PBUH),
accepting him as the Messenger of God and promising him: they
will not worship anyone except Allah; they will not steal; they
will not commit adultery; they will not kill; they will not slander
neighbours; and they will not disobey the Messenger of God.
The group went back to Yathrib and invited their tribal leaders
and their people to accept Islam. The two main tribes in Yathrib
(Aws & Khazraj) embraced Islam and subsequently their people
became Muslims. Muhammad (PBUH) was invited to come to
Yathrib and become its ruler and leader.
623 C.E. Chiefs of the Quraysh in Mecca plotted to kill Muhammad
(PBUH). Prophet asked the Muslims in Mecca to migrate to
Yathrib. Later, Muhammad (PBUH) himself migrated to
Yathrib. His migration represented the most important turning
point in the Islamic history.19 From Yathrib, Islam blossomed,
an Islamic state was established and a just social order was born.
Muhammad (PBUH) was chosen the ruler of Yathrib. The
people of Yathrib were a mix of Arabs and Jews. Muhammad
(PBUH) was chosen as the ruler of Yathrib willingly and
peacefully with the agreement of the majority of people.

19
The Islamic calendar starts from the date Muhammad migrated from Mecca to Madinah.
10
“Madinah” was the new name that Muhammad gave to the City
of Yathrib. Muhammad (PBUH) never called it a City of Islam,
but “Al- Madinah”, which means a city in which all inhabitants
have similar citizenship rights, stress was on equality and not
identicalness.
As the Ruler of Yathrib, Muhammad (PBUH) formed the
first constitution and charter of human rights and liberties.
The constitution guaranteed the freedom of conscience and
worship for Muslims and Jews as well as Arabs who did not
accept Islam.
624 C.E. When the Muslims migrated from Mecca to Madinah, most of
(Battle of them were compelled to abandon their homes and likewise their
Badr) properties were confiscated.
The Chiefs of Mecca used the confiscated money for trade and
business. Muslims knew about a trade caravan belonging to the
Chiefs of Mecca, led by Abu-Sufyan which was to pass through
a trade route close to Madinah.
Muhammad called upon the Muslims to take caravan in return
for their lost wealth. A force of only 313 Muslims took up the
mission. The intelligence employed by the Chiefs of Mecca
advised Abu-Sufyan to change the route of the caravan. Chiefs
of Mecca sent an army of 950 soldiers to fight the Muslims. It
was astonishing and beyond expectation that the Muslims won
their first battle against the Chiefs of Mecca.
625 C.E. In retaliation for their loss in the Battle of Badr (and for their
(Battle of fear of losing their leading role in Arabia), the Chiefs of Mecca
Uhud) with some Arab allies, sent an army of 3000 soldiers to attack
Muslims at the Mount of Uhud (North of Madinah).
The Muslims lost this battle and Muhammad was wounded but
saved. In this battle some companions of Muhammad were
killed including his uncle Hamza.
626 C.E. Since Muhammad (PBUH) was not killed in the previous battle,
(Battle of the Chiefs of Mecca and few Arab & Jewish tribes called for a
Trench) united effort and a comprehensive assault to kill Muhammad and
destroy the Muslim community.
11
Around 10,000 soldiers marched towards Madinah to destroy the
people of the faith. After consulting his companions,
Muhammad decided to adopt the idea put forth by a Persian
Muslim named Salman, to dig a 5.5 kilometre long and 4.6
metre wide trench on the northern access of Madinah.
Muslims tried their best (including psychological warfare) to
defend themselves. After a month long siege the army of the
Chiefs of Mecca became impatient and strong storms and wind
blew which forced the confederates to pack up their tents and
withdraw.
627 C.E. A year after the Battle of Trench, Muhammad took a peaceful
(Treaty of initiative to perform Umrah (Visit to the Sacred Mosque in
Hudaybiya) Mecca).
Visiting Mecca for the purpose of worship was a religious right
that Mecca undertook to allow all people in Arabia.
Chiefs of Mecca were surprised to see Muhammad (PBUH) and
other 1400 civilians coming from Madinah to perform Umrah.
628 C.E. During the period of truce, Muhammad (PBUH) conveyed
Islamic teachings (so called the Message of God), inside and
outside Arabia.
Muhammad (PBUH) sent delegations to Arab tribes and wrote
letters to the rulers and kings of the neighbouring countries such
as Persia, Byzantine and Egypt inviting them to accept the
Message of God (Islam).
630 C.E. Within a period of two years, the truce was vitiated by the
Chiefs of Mecca, they killed around 20 Muslims. In response to
the violence initiated, Muhammad marched to conquer Mecca
with an army of 10,000 Muslims. Muhammad instructed his
army not to fight anyone unless they were fought.
The Chiefs of Mecca were not prepared to fight the Muslims.
When Muhammad arrived in Mecca along with his army, he
addressed the whole people of Mecca confirming the Oneness of
God and explained the sanctity of divine revelations made to
him.
Muhammad (PBUH) asked the people of Mecca, “What do you
12
expect me to do with you?” they replied, “We hope for the best.
After all, you have been a gracious brother”.
631 C.E. Post the peaceful takeover of Mecca, delegations from all over
Arabia came to learn the about Islam, except the Hawazen tribe
which fought the Muslims and eventually lost the Battle of
Hunayn.
When Prophet Muhammad retuned to Mecca, his primary goal
was to purify the Sacred Mosque. He removed all the idols that
were worshipped by the Arabs as Gods and restored the Ka’bah
as the House of Allah, the One God.
632 C.E. In 632 C.E. Muhammad (PBUH) proclaimed that his mission
(Muhammad was accomplished and his life was nearing to an end. In 632
(PBUH)- C.E. he performed his pilgrimage and gave his final sermon to
Farewell more than 100,000 people.
Address) His sermon was focussed on- rules of justice; equality of all
races; sanctity of lives; right of women and the most important
“the Oneness of God”.
Prophet Muhammad passed away in his home in Madinah in the
year 632 C.E.20 leaving only few possessions but a legacy of
faith in God.

20
Among the known prophets of God, Muhammad is the only prophet whose burial place is precisely identified and his
followers are certain about the exact location of his tomb. Muhammad was buried at his house which is attached to his
mosque “Al Nabawi Mosque” in Madinah.
13
Tenets of Islamic Jurisprudence:
a. Faith21 and Law22: The Message of Islam is based on Aqidah23, that is,
declaration of faith in One God and Shariah24 which means the Law of God, the
system and regulations that govern day to day transactions, activities and
practices of the God.
Concept of faith and law in terms of Islamic Jurisprudence can be summarised by
virtue of Verse 151 and 152 of Chapter 6 of the Holy Quran:
“Say (O Muhammad): Come, I will recite what your Lord prohibited you from:
(a) Don’t join any partners as equal with Him; (b) Be good to your parents; (c)
Don’t kill your children on a plea of want, God is the provider of sustenance to
you and to them; (d) Don’t approach or get close to doing shameful deeds openly
or secretly (example adultery and deeds of corruption); (e) Don’t kill any soul
which God made sacred except by way of justice and law; (f) Don’t touch the
wealth of the orphans or their property, except to improve it, until he or she
reaches maturity; (g) Give measure and weight with justice, when buying and
selling or when doing financial and non-financial transactions; (h) Whenever you
speak (or bear justice) speak justly even if a near relative is concerned; (i) Fulfil
the Covenant of God. This is what He commands you that you may remember.”
Many Islamic scholars of great eminence consider Shariah law to be divine and
immutable. The Holy Quran by virtue of Verse 5:48 states that Allah has
appointed a law and a way for everyone, which means that the Shariah is
supposed to serve the purpose of every community and it has to keep the welfare
of various communities in mind. There is consensus among the ulema (a body of
Muslim scholars who are recognised as having specialist knowledge of Islamic
sacred law and theology) that customary law (aadat) too becomes an integral part

21
There are five pillars of Islam that a Muslim must practice. These are: Shahadah (uttering verbally the creed of
Islam, that is, there is no God but Allah and Muhammad is the Messenger of Allah); (b) Salat (performing daily
prescribed prayers); (c) Siyam (fasting during the lunar month of Ramadan); (d) Zakat, at the rate of 2.5% of annual net
savings (Zakat is paying alms as charity once a year); and (e) Hajj (pilgrimage to the Sacred Mosque in Mecca atleast
once in a life time for those who have the physical and financial ability.
22
Sources of Muslim Law: (a) Quran (It is the first source of Muslim Law and it over-rides all other sources of Muslim
Law); (b) Sunna or Hadith (Sunna or Hadith are called the traditions of the Prophet. Where the words of God, that is
the Quran, cannot supply authority, the Prophet’s own words and actions are treated as an authority); (c). Ijma (Ijma
mean the unanimous decisions of jurists. According to Abdul Rahim, Ijma may be defined as the agreement of jurists in
regards to a particular proposition as to the Islamic law.); (d) Qiya (Qiya mean analogical deductions. Qiya in Arabic
means measurement. Thus, Qiya is the collection of rules and principles deducible by the methods of analogy and
interpretation.).
23
After receiving divine revelation, Muhammad (PBUH) focused on teaching people monotheism (Aqidah) for 13
years. After migration to Madinah, there was more focus on explaining and implementing Shariah.
24
Shariah is divided into three main branches: (a) Worship (daily prayers, fasting, supplications, giving alms); (b)
Morals (right actions, etiquettes and values); (c) Business and Commerce (based on general rules of justice, ethics and
good conscience).
14
of Shariah. That is why the Arab customary law (Arab aadat) became an integral
part of the Islamic Shariah. For if Arab customary law had not become part of
the Shariah it would not have been acceptable to the Arabs. When Islam spread
across the globe, the local customary laws of the respective countries too became
part of Islam. In the country of Indonesia, once a controversy erupted among the
ulema as to whether Indonesian customary law should be considered as part of
Islam, the majority of the ulema accepted the premise that the Indonesian
customary law should be regarded as part of Islam as practised in Indonesia.
Allama Iqbal was of the opinion that if Islam as a religion based on the divine
text of Quran is to be protected from the country based customary overload (as
happening world over), making the religion rudimentary and backward,
necessary stress must be given to the doctrine of ijtihad (creative interpretation
through utmost intellectual exertion). The so-called learned ulema closed the
gates on ijtihad in the 13th century, and since then Shariah law became stagnant.
Shariah law had been progressive up till the 13th century because of the doctrine
of ijtihad. Time necessarily indicates the need for the re-incorporation of the lost
doctrine into the mainstream Shariah law so as to open the gates for legal
progressivism.
b. Concept of Rights: Muhammad (PBUH) gave individuals in the primitive

Arabian society their rights and dignity necessarily to be understood within the
conceptual framework of responsibility and accountability. Human dignity under
the Islamic reign in the ancient Arabia was not circumscribed by any religion,
ethnicity, colour of skin, language or tribe, but included all the children of Adam.
This indeed was a novel and reformative declaration of human rights that
preceded the UN Charter of Human Rights by more than 1,400 years. Prophet of
Islam always stressed that the entire creation is the family of Allah and every
human being is equal in terms of rights and dignity with no one being more equal
than the other.
c. Concept of Justice: The concept of justice is primary to Islam. The concept of

justice in Islam is rooted in the philosophy of ijtihad that is, making utmost
intellectual assertion to understand the phenomena and to find a solution to it.25

25
Technically speaking, the concept of ijtihad was used by Ma’adh Bin Jabal, who was appointed as the Governor of
Yemen. When the Prophet (PBUH) asked him how will you govern if you do not find any ruling in the Quran and my
sunnah, he said ana ajtahidu, that is, I will strive to understand the problem myself and find the way out. The Prophet
of Islam approved of it.
15
Apart from ijtihad, the word fiqh is very much relevant from the standpoint of
the Islamic jurisprudence. The word fiqh which is often used for Islamic
jurisprudence also means to know, understand and comprehend. Fiqh became
integral part of Islamic jurisprudence and experts in Islamic law are also referred
to as faqih. To make the ends of justice meet the Islamic law lays emphasis on
not just the Quran and the sunnah, but also on qiyas (analogical reasoning) and
ijma’ (consensus among the experts). Justice is the very basis of Shariah law and
to keep the Shariah law progressive, exercising ijtihad is very important. The
Quran says (Chapter 5, Verse 8), “O you who believe, be upright for Allah’
bearers of witness with justice; and let not hatred of people incite you not to act
equitably. Be just; that is nearer to being pious and fear Allah, Surely Allah is
Aware of what you do.” The efficacy of this verse cannot be lost on the Muslims
who not only believe in the divine book but also act according to it. This verse
(as stated) says that, enmity with a person or a community should not come in the
way of justice. There are two words which are repeatedly used in the Holy
Quran, these are- ’adl and qist, both these words mean the same thing, that is,
“Justice”. The Doctrine of Proportionality, which states that where a scissor
suffices, a sledge-hammer must be avoided, is well found in the Islamic
Jurisprudence. Also, the Islamic Jurisprudence based on the tenets of the Holy
Quran and the Hadith lays necessary stress on the Doctrine of Presumption of
Innocence of the Accused.
The weaker section of the society in the Holy Quran is referred to as mustad’ifin
and the powerful classes are referred to as mustakbirin. The Holy Quran opines
that for welfarism to flow, the mustad’ifin must be put at par with the
mustakbirin. Quran spoke about democracy and socialism about 1400 years ago
when monarchy and dictatorship was the norm. The principal focus of Islam in
the light of the Concept of Justice has always been on five fundamental values:
Truth (Haq); Righteousness (Adl); Benevolence (Ehsan); Compassion (Rahmah)
and Wisdom (Hikmah). The Quran says that each individual is to carry his or her
burden and no one else can carry the burden on behalf of the others. For the
ancient Arab society it was indeed a very revolutionary declaration. The Quran
made, in the primitive Arabian society, reward and punishment individual
centric, not tribe centred. This perhaps freed individuals from the burden of tribal
customs and superstitions.
16
Story of To’mah and the Jewish man: On one occasion, an Arab man, To’mah
Bin Ubayriq stole a metal shield which was part of a suit of armour and hid it in
the house of a Jewish friend. The Jewish man was accused of having stolen the
metal shield, but he denied the charge and accused To’mah. As the offender was
not known, many Arab Muslims sympathised with To’mah and tried to influence
the opinion of Muhammad, but the justice prevailed and To’mah was proved
guilty and the Jewish man innocent. In this context, a verse of the Holy Book
asserting justice was revealed to Muhammad (PBUH):
“Surely we have sent down to you the Book with truth so that you can judge
between people according to what God has shown you (taught you justice). So
don’t be pleader on behalf of those who betray their trust.”26
d. Concept of Freedom: The chief characteristics of a modern society are- freedom

of conscience; individual and human dignity; democracy; gender equality and
scientific outlook. The Holy Quran lays emphasis on the freedom of conscience
(by virtue of Chapter 2, Verse 256); democratic and collective decision making
(by virtue of Chapter 42, Verse 38); dignity of human beings (by virtue of
Chapter 17, Verse 70); and gender equality (by virtue of Chapter 2, Verse 228
and Chapter 33, Verse 35).
Islamic scholars are of the opinion that “no compulsion” is an essential rule of
Islam. Muhammad (PBUH) claimed himself as the Messenger of God, he
received divine revelations but he never forced anyone to accept, what was his
concept of religion, spirituality and God. He recited the Holy Quran which
confirms the freedom of belief and freedom of choice for all people-
1. “And had your Lord willed, all people on the earth would have believed together.
So will you (Muhammad) compel or force people until they become believers?”27
2. “There is no compulsion in religion, truth (the right path) has become distinct
from error (the wrong path), and whoever rejects evil and believes in God has
grasped the most trustworthy hand-hold that never breaks. And God is All-
Hearing and All-Knowing.”28
Slavery existed before the time of the Muhammad (PBUH). Slavery was in fact a
part of many social systems in the world. Slaves were considered as a part of
wealth of the people. Islam stood ideologically against the concept of slavery.

26
See: The Holy Quran (Chapter 4, Verse 105)
27
See: The Holy Quran, Chapter 10, Verse 99
28
See: The Holy Quran, Chapter 2, Verse 256
17
Islam not only required people accepting the faith to release their slaves but also
promoted practices of buying a slave from someone and freeing him or her.
e. Jihad29 and Islam: Jihad to the Prophet of Islam meant speaking the truth in the
presence of a tyrant ruler. He called it the best form of Jihad and most difficult
also as it requires not only tremendous courage but also readiness to sacrifice
one’s life and the life of his near and dear ones too. As per the words of the
Prophet (PBUH), Jihad is not about killing. It should not be used in the literal
sense for waging war or fighting an external enemy for it is the most minor form
of Jihad (jihad-i-asghar); the superior form of Jihad is fighting the enemy
“within”, that too in all its destructive forms- anger, revenge, falsehood, desire
and greed. The Quran holds that afw (to pardon) and kazim-al-ghayz (to suppress
anger) are the highest forms of morality.30 Auliyah Allah (friends of Allah)
always believed that to forgive and to suppress anger is the greatest form of
Jihad. The Holy Quran is the basic source of Islamic law. Since it is not a written
book but a revealed book, it can only be properly understood if one is familiar
with the historical context of the each revelation and with the coherent inner
thread of the text. It is in this broader perspective that the widely used
phenomenon jihad or so called Holy War is to be understood. Jihad means
physical, moral, spiritual and intellectual effort made to establish the order of the
God, which in itself is based on truth, mercy and compassion. There are many
words in the Arabic language meaning armed struggle like qital (killing), harb
(war), sira’a (combat) or ma’araka (battle) which could have been used but
instead the word used in the Holy Book is jihad, meaning struggle on all fronts
(moral, physical, spiritual, political and intellectual) for the establishment of
peace, order and just society.31
In the words of Muhammad (PBUH), the real jihad is speaking truth in the
presence of deception, falsehood, oppression and injustice. Islamists often quote
that one of the names of Allah is Truth (Haq) and those who do not have the
courage to speak the truth are anything but not Muslims. An individual who
spends his life not submitting himself to the pursuits such as that of revenge and

29
As per the Holy Quran, jihad is nothing but ceaseless spiritual struggle for a just world (egalitarian society with
utopian ends) with permissibility to use violence only in exceptional cases, such as for self defence, and for that too it
should be avoided as far as possible.
30
The Quran says, “Those who spend in ease as well as in adversity and those who restrain (their anger) and pardon
men. Allah loves the doers of good (to others).”
31
See: Kaleem Ullah Khan, Islam: The Source of Universal Peace, Goodword Books Publication, 2007 Edition,
Chapter: Concept of Jihad in Islam, p.105
18
falsehood is the true jihadi. According to Imam Husain, jihad is a struggle waged
for human ideals, for justice and for truth. Islam holds that power for the sake of
power is the most dangerous thing in this world. Absolute power with absence of
necessary checks and balances is the source of all injustices. Power is termed as
“just” when it is exercised for the sake of truth. Islamic notion of jihad is a
struggle for truth and justice and not a struggle for power and dominance.
Muhammad (PBUH) taught his tutelage to be assertive with their enemies, but
not submissive or aggressive. He taught Muslims not to fight civilians and not to
attack or kill children, women or elders. He asked them not to destroy the
environment or damage trees. The point of view that Muhammad (PBUH) put
across was that the involvement in battles should be on assertive grounds and for
the sake of truth and righteousness. Chapter 2, Verse 190 states, “And fight for
the sake of Allah those who fight you and don’t transgress the limits. Verily,
Allah does not like transgressors.” As per Michael Hart, “fight for the sake of
Allah” means not only to stand for the truth and for what is moral, just and right;
but also against one’s animal instincts (feeling of hate, revenge and retaliation).
As per the words of the Prophet (PBUH): “A Mujahid (who is engaged in Jihad)
is one who struggles with his own self in submission to the will of God” and “A
Mujahid is one who exerts himself for the cause of God”.
For religious extremists (Islam Supremacists) who see war and armed aggression
as the means to establish the so called “proper religious order”, the Holy Quran
has following to say, Chapter 2, Verse 256 says, “There is no compulsion in
religion, verily the right path has (now) become distinct from the wrong”;
Chapter 6, Verse 104 says, “Means of insight have now come unto you from
your God (through the Quran), whoever, therefore chooses to see, does so for his
own good; and whoever chooses to remain blind, does so to his own hurt. And
(say O Prophet, unto the blind of heart): I am not your keeper”; and Chapter 16,
Verse 125 says, “Invite mankind to the way of your Lord, with wisdom and fair
preaching and argue with them in the most kindly manner”. Chapter 2, Verse
256; Chapter 6, Verse 104; and Chapter 16, Verse 125; must be read in
conjunction with each other.
In the western countries, Muhammad (PBUH) is often seen as an aggressive

warrior who to superimpose the Islamic faith used arms and weapons; he is seen
as an oppressor and not a reformist. The reality is quite different. Muhammad
19
(PBUH) fought all his life for the rights of the people, he evolved the theology of
“just war” with which many Christians would agree. He never forced anyone to
convert. Quran is quite clear in its message, that is, “no compulsion in religion”.
Quran holds war as abhorrent; the only “just war” is a war for self defence.32
Islam in all capacities stands against religious fanaticism.33 Islam can be seen as
a religion of peace and humanity, if Islamic teaching are emphasised and are
followed not so much from the tangled web of the Hadith, but from the study of
Quran with open-mindedness. On reading Quran from cover to cover, one may
realise that it emphasises greatly on the word ‘ilm (knowledge), this word occurs
more than 800 times in the Quran along with its various derivatives. The word
jihad which although in literal Quranic sense means quest for truth and just order
appears in the Holy Quran just 41 times.
f. Trade, Commerce and Intercourse: In Islam honest trading is not only

encouraged but is promised a good reward in the life-hereafter. Muhammad
(PBUH) encouraged trade and commerce based on noble Islamic values that
denounce cheating, deception, fraud, exploitation and monopoly. Michael H.
Hart in his book, The Prophet of Islam: Muhammad, states that soon after
Muhammad (PBUH) arrived in Madinah, he instructed his companions to buy a
piece of land and dedicate it for free-trade. People used to buy and sell goods and
commodities without paying any fees or custom charges. They called it
Manakha.
Activities such as black-marketing and hoarding are strictly forbidden in Islam.34

Islam promotes greatest possible fairness so far as trade, commerce and
intercourse is concerned.35 The Holy Quran states, “And give full measure
whenever you measure and weigh with a balance that is true: this will be (for
your own) good, and best in the end.”36 The Quran further states, “Woe unto
those who give short measure: those who, when they are to receive their due

32
See: Chapter 2, Verse 190, “And fight in the cause of Allah against those who wage war against you, but do not
transgress the limits, for verily, Allah does not love the transgressors”. Also see: Chapter 22, Verse 39 and 40,
“Permission (to fight) is given to those against whom war is being waged and, verily, God has indeed the power to
succour them. Those who have been driven from their homelands against all right for no reason must be protected.”
33
See: Karen Armstrong, A History of God, Ballantine Books Publisher, 1993 Edition, New York, p.155-156
34
Prophet Muhammad once said (as narrated by Mishkat): “Whoever keeps back grain forty days, in order to increase
its price, is both a forsaker of God and is forsaken by God”.
35
See: The Holy Quran, Verse 11:85, “O my people (always) give full measure and weight with equity and do not act
wickedly on earth by spreading corruption”.
36
See: The Holy Quran, Verse 17:35
20
from (other) people demand that it be given in full, but when they have to
measure or weigh whatever they owe to others, give less than what is due!”.37
Prophet Muhammad (PBUH) firmly held (as quoted by Tirmidhi), “The truthful
honest merchant is with the prophets and the truthful ones and the martyrs”.
Business commercials and advertisements that rely on exposing women by way
of nudity and vulgarity are strictly prohibited in Islam.
g. Family and Modernity: The Holy Quran by virtue of Chapter 17, Verse 23
emphasises that every individual must offer full respect and gratitude to both his
parents. Muhammad in particular encouraged that full respect must be offered to
the mother for she undergoes three main inescapable sufferings, that of
pregnancy, labour and delivery, and finally that of breastfeeding and weaning.38
The Prophet of Islam did not approve of a life of celibacy except in some
situations. He was not in favour of renunciation of the world (ruhbaniyyah) and
preferred living in the world and facing all the situations. Many pronouncements
of the Holy Quran relate to family life, marriage, divorce and children. The Holy
Quran says that if you have no means to marry and sustain your family, lead a
pious life until Allah gives you the necessary means. The holy text prescribes
also, punishment for illegitimate sex, fornication, rape and adultery.39
As per the teachings of Islam, sex is permissible only within the institutional
framework of marriage.40 According to the holy book, there are two important
purposes of marriage- one is to raise a family and the other is to provide
companionship to each other. The Quran philosophises marriage as a social
commitment between two individuals (of opposite sexes) based on love and

37
See: The Holy Quran, Verse 83:1, 83:2 and 83:3
38
It is said, once a man asked Muhammad, “Who would deserve my closest support and companionship?” Muhammad
replied, “Your mother”. Then the man asked, “Who after her?” Muhammad replied, “Your mother”. The man asked the
same question for the third time, Muhammad replied, “Your mother”. Then out of curiosity the man asked the same
question for the fourth time, Muhammad replied, “Your father”.
39
See: Asghar Ali Engineer, Islam: Restructuring Theology, Vitasta Publishing Pvt. Ltd., 2012 Edition, Chapter 48:
Family and Modernity, p.148-150
40
It is said, once a young man asked Muhammad to give him permission to fornicate (have non-marital sex with his
girlfriend), Muhammad replied, “Do you accept this for your mother?” The man answered, “No”. Muhammad said,
“Likewise people don’t like it for their mothers”. Then Muhammad asked the young man the same question three more
times, “Do you like it for your daughter, sister or aunt?” Every time the man replied “no” and Muhammad repeated the
same statement, “Likewise, people don’t like it for their daughters, sisters and aunts”. Then Muhammad put his hand on
the man’s heart and supplicated to Allah, “Oh my Lord, forgive his sin, purify his heart and grant him chastity”.
21
companionship.41 Divorce in Islam is one of the most disapproved of among
permissible things. Also, according to one hadith, the heavens shake when man
pronounces divorce to his wife because divorce is a blow to the very institution
of family.
As per the holy book, stability, compassion and love are the very basis of human
civilisation and family is an important institution in building civilisation. Family
(as far as possible) should not disintegrate and hence forth as per the sayings of
the Prophet, divorce is the most disapproved of among permissible things. As per
the writings of the scholars in the likes of Asghar Ali Engineer, when the holy
book speaks of equality, it not only speaks of equality of status and opportunity,
but also of gender equality, that is men and women must be treated alike, both
within and outside the institutional framework of marriage. Two things are
noteworthy- firstly, the Quran, while giving women the right to earn and to hold
property, also gives them right in regards to equal dignity and self respect and
makes it clear that family should be based not on authority of husband but on
love and compassion for each other; and secondly, there is no clarity in Verse 3,
Chapter 4 of the Holy Quran, whether it allows four wives simultaneously, or
one after other or divorcing one and marrying second and so on.
Some scholars opine that Islam in its religious capacity does not promote family
planning. They often quote Verse 17:31, “And kill not your children for fear of
poverty. We provide for them (children) and for you. Surely, the killing of them
is a great wrong.”42 If Imam Raghib43 is to be quoted, this Verse doesn’t say that
family planning is against the tenets of Islam. It speaks of children born and not
children that have not even been conceived. No religion will ever advocate
killing of children already born or conceived and in advanced stage of pregnancy,
which would certainly amount to killing.

41
The Quran (30:21) says, “And of His Signs in this that He created mates for you from yourselves that you might find
quiet of mind in them, and He put between you love and compassion. Surely there are signs in this for a people who
reflect.”
42
Some scholars maintain that Verse 17:31 relates to the tradition of Arabs killing their daughters and to justify the
killing they used to give the argument that they are poor and hence incapable to provide for the girl child born. Hence,
through Verse 17:31, Allah says, “We provide for them and for you”. Islam believes and maintains that family planning
is certainly not about killing children already born but restricting their number to one’s affordable income.
43
Imam Raghib in Mufradat, which is the dictionary of the Quran, says that “killing of children” in Verse 17:31 means
“not giving them (children) proper education”, for ignorance is intellectual death and intellectual death is worse than
physical death. Imam Raghib maintains that more the children, greater will be the inability of the parents to provide
them better means of education.
22
Imam Ghazali in his works authoritatively writes that, in Islam prevention of
unwanted brth is permissible, especially if health of the mother is in danger.
According to him, both the husband and the wife can prevent birth of a child with
mutual consent. Ghazali goes one step further to say that conception can be
prevented even if mother’s beauty is likely to be affected. Quran maintains that,
Allah infuses life in the fourth stage of conception. Hazrat Ali is also reported to
have approved of abortion up to the third month of pregnancy in case the life of
mother is at danger.
If conceptual framework of Islam as a religion of peace is seen without any prejudice

or prior conditioning, it can be said that the Prophet of Islam left no stone unturned to
arouse morality, ethics and divinity in the people who bore allegiance with Islam. He
was a staunch believer in freedom of conscience, equality of status and freedom of
religion and he stood strongly against slavery and racial discrimination.
23
Chapter 2: Human Rights and Islam
As per Islam, human being is the most excellent creation of the God. Chapter 31,
Verse 20 of the Quran reads, “Are you not aware that God has made subservient to
you all that is in the heavens and all that is on earth and has lavished upon you His
blessings, both outward and inward”. The Islamic Model of Human Rights can be
understood in best brevity through Chapter 16, Verse 90 of the Holy Quran, “God
commands justice, doing good, and generosity towards relatives and He forbids what
is shameful, blameworthy, and oppressive. He teaches you, so that you may take
heed”.
Human rights in Islam stem from two foundational principles: dignity and equality.
Dignity is a fundamental right of every human being merely by virtue of his or her
been born as a man or a woman. Chapter 17, Verse 70 of the Holy Quran states, “We
have honoured the children of Adam and carried them by land and sea; ‘We’ have
provided good sustenance for them and favoured them (specially) above many of
those ‘We’ have created”.44 Islam as a religion of peace is of the belief that everyone
(all individuals) is equal in the eyes of God. The segregation of humanity into many
races and ethnicities is a testament to the majesty and wisdom of God. Therefore,
racial superiority and discrimination is prohibited in Islam. In the words of the
Prophet: “All humankind is from Adam and Adam was created from dust. An Arab
has no superiority over a Non-Arab, nor does a Non-Arab have superiority over an
Arab, except by piety and excellence of moral character in the eyes of God”.45
Right to life: It is an intrinsic belief of Islam that God is the creator of life and the
sole controller of it. Islam declares human life as the most sacred on earth. By virtue
of Chapter 5, Verse 32, the Holy Quran states, “If anyone slays a human being,
unless it be (in punishment) for murder or for spreading corruption on earth, it shall
be as though he had slain all mankind, whereas if any one saves a life, it shall be as
though he had saved the lives of all mankind.” The Holy Quran further states by
virtue of Chapter 4, Verse 93 as follows, “But whoever deliberately slays another
believer, his requital shall be hell, therein to abide; and God will condemn him, and
will reject him, and will prepare for him rightful suffering.”

44
See: Azra Awan, Human Rights in Islam, Why Islam, http://www.whyislam.org/islam/human-rights-in-islam/,
Visited on: 23-10-2014
45
See: Riyadh-al-Salihin (1604/5)
24
The British scholar, Karen Armstrong in her much acknowledged book, Muhammad:
A Biography of the Prophet, writes authoritatively that respect for human life,
cultivation of kindness and compassion towards all, had been central to the Islamic
teachings from the very beginning.46 Murder is strictly forbidden in Islam (what to
talk about terrorism).47 The Holy Quran by virtue of Chapter 6, Verse 151 says, “And
do not kill a soul that Allah has made sacrosanct, save lawfully”, that is murder is
forbidden but death penalty imposed by the State for a crime is permitted. Further,
Chapter 5, Verse 53 says, “Whosoever kills a soul, unless it be for murder or for
wreaking corruption in the land, it shall be as if he had killed all mankind; and he
who saves a life, it shall be as if he had given life to all mankind.” As per the Islamic
Code of Law, every human being is entitled to integrity, honour and respect during
his life (treating the prisoners of war with respect) and after his death (strictly
forbidding mutilation of body parts of enemies dying in war or other armed
aggressions). Islam condemns the abuse of power, position and authority and
commands people to assist an oppressed person, if required with necessary force.
Every individual in an Islamic society, regardless of his faith (or religious affiliation),
social status and economic position has certain immutable rights which include- the
right to be consulted by the government (or authority in power) on issues that
concern economic and social affairs of the individuals; the right to be considered
innocent unless proven guilty; and the right to seek judgement against oppressors and
have an equal hearing before the judge.48
It is an unfortunate reality of our time that the governments of the so-called Islamic
countries do not apply these principles but rather suppress public opinion and violate
human rights. Any form of tyranny mental, physical, emotional or psychological is in
no way representative of Islamic ideology. As per the Prophet of Islam (as narrated
by Ahmad Saheeh), human values must be kept intact even at the time of inflicting
punishments, for the most ruthless in punishing people in this world are most
ruthlessly punished by God on the Day of Resurrection.

46
See: Karen Armstrong, Muhammad- A Biography of the Prophet, Victor Gollancz, 1991 Edition, London, p.231
47
Martyrdom in Islam (often known as Shahadat) is not an act of killing but rather getting killed to uphold truth.
Terrorism is killing to destroy whereas shahadat is an act of laying down life to construct a just society with egalitarian
ends.
48
Human Rights in Islam, Gain Peace Through Islam,
http://www.gainpeace.com/index.php?option=com_content&view=article&id=117:human-rights-in-
islam&catid=54&Itemid=117, Visited on: 25-10-2014
25
Lastly, the words of the Prophet as expressed through the course of 23 years, the
timeframe during which the Holy Quran was revealed to him, emphasise on the
following:
a. No one should be arrested, exiled or punished and the freedom no-one should
be restricted without adequate legal action (and it is not permitted to empower
executive authority to issue exceptional laws).
b. No one should be subjected to physical or psychological torment, medical
experimentation (including clinical trials), or any other humiliating treatment.
c. Even during war it is not permissible to harm the women, the children, the
elderly, the sick and the wounded. It is the duty of every believer (in Islam) to
feed the hungry, clothe the naked and provide medicine to the wounded and
the diseased, irrespective of who they are, enemy or associate.
d. Every believer (in Islam) is duty bound to oppose injustice and oppression, no
matter who the victim is; believer or non-believer. When another human being
is seen in distress or in critical need of assistance, it is the duty of ever person
of faith to help that person; otherwise, he is accountable for whatever increase
in suffering is caused due to neglect.
e. All human beings are bestowed by Allah with the freedom of conscience.49
Islam was the first religion whose scripture clearly proclaimed the doctrine of
freedom of conscience (the Holy Quran, Verse 2:256). To interpret the Holy
Quran in the contemporary times with progressivism is to say that Islam
believes that to accept others as they are is the essence of democracy and this
in fact is the very basis of modernity.
It is further important to take note of the following:
(i). Muhammad (PBUH) considered committing suicide as a major sin. He often said,
“Whoever kills himself with a piece of metal, he shall be resurrected on the
Judgement Day holding the same piece of metal and killing himself continuously in
the hellfire forever, and whoever kills himself with poison, he will be resurrected
holding the same poison and swallowing it continuously in the hellfire forever, and

49
The Holy Quran has enumerated the freedom of conscience as the divine attribute of Allah. As the story of Adam and
Eve narrated in the Quran mentions that, Allah gave freedom even to Satan to mislead humanity. Allah gave freedom to
Adam and his progeny to choose between what is right and what is wrong, and just warned them about the
consequences of both the streams.
26
whoever kills himself by throwing himself from a high plane such as a mountain,
will do the same in hellfire forever.”50
(ii). Muhammad (PBUH) observed honour-killing and bloodshed as major sins.

Muhammad held in his farewell speech that for Islam to prosper blood vengeance
(revenge or retaliation) and vendetta (blood feud or dispute) must end. He said,
“Every right arising out of homicide (murder) in pre-Islamic days is henceforth
waived and the first such right that I waive is that arising from the murder of Rabi’ah
(a relative of Muhammad)”.
Right to freedom of religion51: Muhammad (PBUH) viewed religion as a motivator

for a better way of life which adds value, reason and rationality to the mind, body
and soul of the individual. Muhammad (PBUH) was strictly against religious
extremism.52 The Prophet of Islam always strongly held that a moment’s reflection is
more important than whole night’s worship (‘ibadat). The Holy Quran by virtue of
Verse 6:109 states, “And abuse not those whom they call upon besides Allah lest,
exceeding the limits they abuse Allah through ignorance”; further in this verse Allah
states, “Thus to everyone people have made their deeds fair seeming; then to their
Lord is their return so He will inform them of what they did”. Thus, a progressive
Muslim is to believe that Allah alone is all-knowing and is the best of judge, for all
religions and faith primarily preach righteousness. The Quran states, “And of His
signs are the creation of the heavens and the earth and the diversity of tongues and
colour of the skin. Surely, there are signs in this for the learned”. Hence, Quran asks
every individual to be humble and regarding of the faiths of the others. In Islamic
terms, the fundamental qualities of being truly religious are: to be transcendent in
vision53; to be anti-establishment54; to be compassionate55; to be humble and to wage

50
See: Sahih Al-Bukhari (5778) and Sahih Muslim (109)
51
As per the Holy Quran, religion should be treated primarily as a spiritual approach creating humility and spirit of
truth, and should not be allowed to become an instrument of power.
52
Islam believes in religious and cultural pluralism. According to the Holy Quran, Allah created several religions and
cultures though He could have created only one, if He so desired. Pluralism, both religious and cultural is accepted by
the Quran. See: The Holy Quran, Verse 5:48.
According to the Holy Quran, the world has been created in its plurality, not only in matters of religion but also by way
of ethnicity, nations and tribes. These have been described as the signs of Allah (The Holy Quran, Verse 30:22). How
marvellously the Quran speaks of national and tribal plurality can be seen through Surah 49, Verse 13 of the Holy
Quran. The Quran stresses on pluralism to such an extent that it says, “Even when one is convinced that others’ gods
are false, one has no right to abuse them”. The Quran says that in every place of worship Allah is remembered and
hence it should be respected. Quran (Verse 22:40) says, “And if Allah did not repel some people by others, cloisters
and churches and synagogues and mosques in which name of Allah is much remembered would have been pulled
down.”
53
The Holy Quran holds that it is the duty of every human being that he/she should strive to make the world a better
place to live in. Allah commands through the holy text of the Quran that what has been given to the mankind is not
perfect and it is their duty to make it perfect. A person who considers himself a Muslim must hold a transcendent
vision; this is the message of the Quran.
27
constant battle for the quest of truth56. Not to quote in lines with cherry picked facts
and figures but as a matter of general and unprejudiced analysis it can be said that
when the Muslims began ruling Palestine in 637 C.E., they invited the Jewish people
to live in Jerusalem after 500 years of exile. Further, in 1187 C.E., after retaking
Palestine from the crusaders, the Muslims treated Christians with honour despite the
brutality that was endured at the hands of crusaders. Many historical accounts say
that Christians were allowed to leave in peace and harmony. James Burke in his
book, The Day the Universe Changed, states that while the Muslims ruled the Spain;
the city of Cordova was considered the intellectual centre of Europe where students
went to study philosophy, medicine and science under Muslim, Jewish and Christian
scholars. This sophisticated society took a tolerant view towards other faiths, while
peaceful coexistence was unheard of in the rest of Europe.57 Jews and Christians
lived in safety and harmony with the Muslim overloads in the so-called Muslim
Spain.58 Swift downfall of Islam as a religion of peace came, if Karen Armstrong is
to be believed, when the Islam Supremacists blurred the line of difference between
jihad and ijtihad, giving jihad a fundamentalist view which later came to be
established as the very basis of terrorism. The upheaval this religion of peace is
facing due to fundamentalist overtone is heart-wrenching. The most recent case is
that of Switzerland voting to ban minarets for mosques. As per the poll held, 57% of
the Swiss people voted against allowing minarets to Muslim mosques.59 This in itself
is indicative of rising intolerance towards Islam in a country (Switzerland) where
about four-million people are Muslims.
In authoritative terms the Holy Quran by virtue of Verse 2:177 states the Islamic idea
of religion as, “True piety does not consist in turning your face towards the east or
the west; truly pious is he who believes in God, and the Last Day and the angels and
revelation and the prophets; and spends his substance however much he himself may
cherish it upon his near of kin, and the orphans and the freeing of human beings from

54
Prophet Muhammad (PBUH) was of the belief that the common thread that binds together the whole of mankind is
“humanity”. Any propaganda that a particular religion, race or tribe is bad is ipso facto Anti-Islamic.
55
The Holy Quran describes Allah as Al-Rahman al-Rahim, that the one who is the most compassionate and the most
merciful. The Holy Quran humbly commands that any Muslim who is not compassionate would never be true Muslim.
56
In Islam, one of the names of Allah is Haq that is “Truth”. Islam holds that without being truthful and engaged in
constant quest for truth one can hardly be religious.
57
See: James Burke, The Day the Universe Changed, Little Brown & Co., September 1987
58
See: Azra Awan, Human Rights in Islam, Why Islam?, http://www.whyislam.org/islam/human-rights-in-islam/,
Visited on: 25-10-2014
59
See: Nick Cumming Bruce & Steven Erlanger, The New York Times, Swiss Ban Building of Minarets on Mosques,
29 November 2009, http://www.nytimes.com/2009/11/30/world/europe/30swiss.html?_r=0, visited on: 30-10-2014.
Also see: Swiss Voters Back Ban on Minarets, BBC News, http://news.bbc.co.uk/2/hi/8385069.stm, Visited on: 01-11-
2014
28
bondage, and is constant in prayer and renders the purifying dues, and they who keep
their promises whenever they promise and are patient in misfortune and hardship and
in time of peril: it is they that have proved themselves true, and it is they, who are
conscious of God.”
Quran stands staunchly against inter-religious hatred. The Holy Quran subscribes to
the doctrine of wahdat-i-din, that is, unity of religion. Shah Waliullah and Maulana
Azad in their respective writings have thrown immense light over this doctrine.
Prophet of Islam always maintained that a true Muslim is the one who shows
tolerance and respect for religious, cultural and ethnic diversity. The Holy Quran has
always maintained that din (religion) is one, though laws (sharia) differ from religion
to religion. Differences in these laws are because of customs, traditions, culture and
practices, and not because of principles and values.
Right to a basic standard of life: A basic standard of life includes the minimum
necessary essentialities for survival that is food, clothing, shelter and medical
attention. The Shariah law upholds that anyone who is deprived of these necessities
is entitled to receive reasonable aid to meet their respective needs. It is the duty of
every Muslim (having adequate means of wealth) to donate from his wealth a certain
portion (approximately 2.5% of the net annual savings) towards charity in order to
eradicate poverty from the society. The Holy Quran by virtue of Verse 51:19 states,
that a righteous believer is the one who gives a rightful share of his wealth to the
needy and the deprived. Islamic States are not only obliged but are also obligated to
spend from their treasury sums necessary to support the poor and the disadvantaged.
The Holy Quran states by virtue of Verse 76:8 and 76:9 that, “the truly virtuous are
those who give food- however great be their own want of it unto the needy, and the
orphan, and the captive, (saying in their hearts) we feed you for the sake of God
alone: we desire no recompense from you, nor thanks”.
Islam believes that zakat (alms giving) cleanses ones’ heart from greed and
materialism, and also removes jealously and hatred from the hearts of the poor. Zakat
fosters social integration, collaboration, compassion and respect in the hearts of all
human beings. Zakat enhances the well being of the whole society and aims for the
establishment of a just social order; egalitarian society with utopian ends.
Right to Justice: The Holy Quran holds that all creatures on earth (not just human
beings) have a right to be treated with justice. By virtue of Verse 5:8, the Holy Quran
holds that being just is nearer to being pious. The Holy Quran has not defined kafir
29
as a non-believer in Islam but as an individual who lives for himself and is ready to
make serious compromises with fundamental values of life such as truth, justice,
compassion and human dignity for his own malignant vested interests. It is an
intrinsic belief of Islam that enmity with a person or a community should not come in
the way of justice. In case of any crime committed by an individual, the Quran holds
that he/she should not be put to punishment without a fair trial which includes not
only right to be heard but also right to be given punishment strictly in proportion of
the crime committed (that is, where a scissor suffices, sledgehammer must be
avoided).
The philosophy of “justice for all”, lies at the very core of the Islamic teachings. The
Quran does not give any concept of State. It gives only the concept of society; a just,
exploitation free society and State whose form might change from time to time. In
the contemporary times, it was only after the advent of socialism that justice to the
weaker sections of the society became important and came to realisation. But still the
weaker sections of the society suffer from the structural orientation of what came to
be known as the modern capitalist society. The Quran requires the weaker sections of
the society to be treated with full dignity and requires justice to be done to them. The
Holy Quran says, “Those who do not give their due to orphans, widows and poor are
beliers of din (religion)”.
The Communist Manifesto of Karl Marx spoke of dictatorship of the proletariat, but
the Quran more than 1400 years ago talked about the rule by the weaker sections of
the society to establish a welfare state. However, the Quran never spoke of
dictatorship by the weaker sections of the society, because Islam believes that
dictatorship leads to injustice and absolute power corrupts absolutely. The pity is that
one hardly finds social or political justice in Islamic countries today. Most Muslim
countries are still wallowing in feudal or semi-feudal eras where the concept of
justice is feudal in orientation. It is high time to realise that the Quranic concept of
justice transcends both tribal and feudal eras, for it is universal in nature.
Matters of justice have been dealt with at different levels in the Quran. First is ‘adl in
shahadah (that is bearing witness). The Quran commands that one should be very
honest while narrating what one saw or knew about when one is called upon to bear
witness. True Muslim is the one who bears honestly even if it goes against himself,
his parents or relatives.60 Second is economic justice. The Prophet of Islam strictly

60
30
prohibited any exploitation and to great extent even condemned share-cropping, he
required believers to give away the land to cultivators if one does not cultivate land.
Muhammad (PBUH) opined in few authentic hadith that billing interest on the
money lent to the poor, needy and downtrodden was haram. Third is justice in
regards to trade and commerce. Islam prohibits speculative trading such as hoarding
and black marketing. Quran requires that honesty must be exercised in measuring
and weighing of commodities while selling and buying.61 Fourth is justice in regards
to payment of wages. According to one of the authentic hadith, Muhammad (PBUH)
stressed that one should pay wages to the hired worker before his sweat dries up and
by ‘wages’ he meant ‘just wages’.62
Right against Slavery: Muhammad (PBUH) always called himself as the “Servant
of Allah”. He firmly believed that every human being if at all is to prostrate, then is
to prostrate before Allah. He encouraged freeing slaves and introduced Islamic
regulations to eliminate slavery. Slavery pre-existed Islam (that is Muhammad’s
time). Slavery was an integral part of many social systems in the world. Human
beings as slaves were traded and were at most considered as assets and part of the
wealth of the people. Advent of Islam saw abandonment of slavery. Repentance from
violations of Islamic rules in Islamic States required releasing of slaves or buying a
slave from someone and then freeing him or her.
Muhammad (PBUH) encouraged believers to release slaves for the sake of Allah. On
one occasion he saw a person named Abu Mas’ud Al-Badri hitting and lashing his
slave. Muhammad said to him firmly: “You should know that God is more able and
has more power above you than your ability or power above this slave”. On hearing
this Abu Mas’ud recollected himself from anger and said to Muhammad (PBUH)
apologetically, “I will release him for the sake of Allah”. Muhammad reverted back
by saying, “If you don’t do that Allah will forgive you not”.
Protection of the rights of the orphans: The Holy Quran commands all believers of
faith to protect the rights of the orphans and to treat them with kindness and justice.
The Holy Quran holds, by virtue of Chapter 4, Verse 10, “Indeed, those who
consume the wealth (or property) of the orphans unjustly are only consuming fire

61
See: The Holy Quran, Verse 17:35 and 26:182
62
As per one of the authentic hadith, once owner of an orchard brought a child to the Prophet (PBUH) accusing the
child of theft of fruits and thereby requested the Prophet to order that the hands of the child should be chopped off. On
enquiry the Prophet found that the child was under-paid and hence was hungry and so he stole the fruits to satisfy his
hunger. The Prophet scolded the owner telling him that not of the child but hands of the owner should be chopped off
for having stolen the wages of the child. Prophet ordered the owner of the orchard to not only pay the child just wages
plus also to take note of the child’s education and all of his fundamental necessities.
31
into their bellies. For they (false acquirers) shall roast in the hellfire under the
command of Allah.” Muhammad often said, “I and the person who looks after an
orphan will be in Paradise”.63
Protection of the rights of the heirs: According to the Islamic law, when an
individual dies, his or her closest family members are entitled to get determined
(stipulated) portions of the inheritance (property and wealth of the deceased
individual). Islam does not permit an individual to bequeath more than one-third of
his wealth (by way of will) for charity. This is to protect the inheritors’ rights and to
ensure fair distribution of the inheritance among all the inheritors.64
The essence of human rights in Islam can be summarised in the following saying of
the Prophet (PBUH): “Faith in God can be branched into more than 70 parts topped
by testifying the oneness of God. The last part is removing harm from people’s way.”

63
See: Sahih Al-Bukhari (34/8)
64
Once, Muhammad (PBUH) visited one of his companions who had just recovered from an illness. The man said he
owned a great deal of wealth and had only one daughter as the inheritor. He asked the Prophet if he can leave two-
thirds of his wealth as a charity. Muhammad said: “No”. The man asked, what about one-half of the wealth?
Muhammad said: “No”. The man said, what about one-third of the wealth? Muhammad said: “Yes”. The Prophet
further said, “To leave your heirs wealthy is better than leaving them poor asking for help”.
32
Chapter 3: Rights of Women in Islam
The Holy Quran declares men and women as complimentary to each other: “O men,
they (women) are as a garment for you, and you are as a garment for them”.65 Out of
the 114 chapters of the Holy Quran none is dedicated to “man” alone. One chapter
(An-Nisa) is not only named “The Woman” but deals in detail with the rights and the
status of woman in the family and society. Interestingly the Holy Quran spoke with
progressivism at the time when women were condemned as an eternal danger to
mankind with Tertullian (the great Carthaginian theologian, 160 C.E. to 230 C.E.)
castigating women in the following words:
“You are the devils gateway; you are the un-sealer of that forbidden tree; you
are the first deserter of the divine law; you are the one who persuaded Adam to
commit the wrong. You carelessly destroyed the image of man in the eyes of
God. On account of your desert, even the son of God had to die.”66
Even Saint Augustine (354 C.E. to 430 C.E.) said, “Whether it is in a wife or a
mother, it is still Eve (the temptress) that we must beware of in any woman. If it was
good company and conversation that Adam needed, it would have been much better
to have two men together as friends, rather than a man and a woman”. Contrary to
the Old Testament, the Quran explains that both Adam and Eve (not Eve alone) were
lured and deceived by the Satan.67 So according to the Quran, woman is not an organ
of the devil.
It will be relevant for us to draw inspiration from the words of social activist, Asghar
Ali Engineer68, before we start with this topic in comprehensive detail. “Every
scripture, whether it is the Bhagvad Gita, the Torah, the Holy Quran or the Holy
Bible, must be read in isolation, separate and distinct from the historical practices
that surrounds the particular religion. What is written in the scripture is often quite
different from the prevailing historical practices. When conducting inter-religious
dialogue (for better and progressive understanding of the religions), we often take the
best from one scripture and compare it with the worst of historical practices of the
other religion to prove the superiority of one religion over that of the other. This is

65
66
Karen Armstrong, The History of God, Ballantine Books Publication, New York, 1993 Edition, p.124
67
See: The Holy Quran, Verse 2:36, “Then Satan made both of them slip there from (Paradise) and got them out from
that in which they were”.
68
Asghar Ali Engineer is a writer, scholar and social activist of repute. He is a prolific writer on Islam, rights of women
in Islam and issues pertaining to communal and ethnic problems in India, South Asia and Islamic States. He is a
recipient of the National Communal Harmony Award (1997) and the Right Livelihood Honorary Award (2004).
33
downright dishonest comparison. If likes are to be treated alike then scripture should
be compared with scripture and historical practices should be compared with
historical practices. What a scripture prescribes is an “ideal”, historical practice
depends on factors like interpretation, pre-existing cultural traditions and selfish
interests of the practitioners. Hence, what was factually stated in the Holy Quran
about the rights of women was never practiced in Islamic societies as these societies
were patriarchal in structure and their culture and tradition could not accept gender
equality, thus ways were found to violate the norm of gender equality. Hence it will
be out-rightly wrong to blame the Quran for gender oppression as prevalent in the
Islamic societies.
According to Ibn Hazm (the 14th century jurist from Spain), the fundamental source
for Islamic jurisprudence is the Quran. Ibn Hazm systematically placed the verses of
the Quran in three categories- first, those verses which need no other source to
understand; second, those verses which can be understood in the light of other verses
of the Quran; and third, those verses which can be understood in the light of
authentic hadith (by authentic we mean that hadith which has been narrated most
reliably by many narrators). Ibn Hazm was of the opinion that if this method of
holistic study of Quran is adopted then much of the text of the Quran can be
understood to be of progressive orientation and this progressivism can in fact be used
to revolutionize the existing family laws. Depending on the creative interpretation
(and not re-interpretation) of the Holy Quran, Ibn Hazm was of the opinion that if a
man is economically weak and the woman who wishes to be divorced, well off, then
it is for the divorced wife to maintain her former husband, something which the
modern law of today stipulates and maintains.
In definite terms in Islam, a wife is not considered as a part of her husband’s

belongings. She has a unique identity. When a woman gets married, she does not
need to change her surname, as a matter of religious requirement in Islam. Her
identity is preserved and her wealth is protected by the Islamic laws. When the
husband dies, she is considered in ordinary capacity as one of the heirs in her
husband’s property. In Pre-Islamic Arabia, women were treated as chattel.
Gender Equality in Islam: It is believed that even philosophers of the stature of

Aristotle thought women and animals had no soul. It was gender liberalism post the
Quranic revelation that stood for the first time for women empowerment, freedom
and liberty. Islam as a gender-equal religion has always stood for women liberation.
34
Many instances can be quoted in this regard from the time of the Prophet itself. With
men and women standing equal Hazrat A’isha led the battle of Jamal (Camel). Shifa
Bint-e-Abdullah was appointed as market inspector by Hazrat Umar. Least to be
forgotten, it was a woman who saved Prophet’s life in battle of Uhud by taking the
blow of the sword on herself. Prophet always opined that, “Women are the twin
halves of men”.69 Throughout the Quran, men and women have been described as
equally responsible for their respective deeds (for which they shall be given equal
reward or punishment). Verse 33:35 must be give special emphasis in this regards,
besides all other verses of the Quran.
Often Muslim men impose their superiority over women by saying that if women
were equal to men then why did not Allah graced prophet-hood over any woman?
Mumtaz Ali Khan (author of the book Huququn Niswan) answers this very
convincingly, he says there have been 124,000 prophets; we hardly know the names
of about only a dozen of them. How can we say that there had been no woman
prophets?
Muslim Women and Hijab70: A great deal of controversy arose when some Kuwaiti
women, elected to the Parliament of Kuwait refused to wear hijab and fought for
their right to go to the parliamentary sessions without wearing one.71 Despite mixed
public opinion and enveloping controversy, they fought their case up to the Supreme
Court of Kuwait and won.72 The Holy Quran (as the primary source of Shariah law)
does not refer to hijab (the veil) for ordinary women at all. On the other hand it
advises women of faith not to display their zeenah (adornments) publicly but at the
same time refrains from defining what constitutes zeenah or adornment.73 It has been
defined by various commentators depending on their cultural environment with

69
As narrated by Tirmithi. According to some other narrations Muhammad indicated that, whoever had one or more
daughters and he properly looked after them until they became independent, would get into the paradise of the God.
70
It is to be noted that different types of purdah are observed in different Islamic countries and communities. Women
wear the abaya in Saudi Arabia which covers her entire body from head to toe. In Iran, women are required to wear
chador, which generally covers the head. In Indian subcontinent, some women wear an overall black coloured veil that
covers the entire face with the exception of the two eyes, while women wear a burqa with the face not been covered.
The kind of purdah we observe differs from country to country and from community to community. To know the
Quranic position, it is necessary to know that in Arabic, veil is called hijab which means to cover, to hide or stand in
between. The Quran does not use the word hijab for women in general; instead it exhorts women not to display their
zeenah (charms) publicly.
71
See: Richard Spencer, Kuwaiti women MPs refuse to wear hijab in parliament, The Telegraph, 12 October 2009,
http://www.telegraph.co.uk/news/worldnews/middleeast/kuwait/6307598/Kuwaiti-women-MPs-refuse-to-wear-hijab-
in-parliament.html, Visited on: 02-11-2014
72
See: Headscarf not a must for female lawmakers in Kuwait, The Gulf News Kuwait, 28 October 2009,
http://gulfnews.com/news/gulf/kuwait/headscarf-not-a-must-for-female-lawmakers-in-kuwait-1.520316, Visited on: 02-
11-2014
73
35
necessary differentiation. The Quran does not even comment whether or not women
should cover their heads, let alone faces. What it says is, “except what appears
thereof” (Verse 24:31) leaving space for interpretation. There is near agreement
among commentators that face and two hands should remain open. However, the
Quran advises women to cover their breasts.74
Burqa became a topic of debate after the French President, Nicolas Sarkozy, talked
of banning it in France.75 One can very well question the intention of the President
for it appears to be rather an interference in regards to the right of an individual to
practice/propagate his/her religion; and his pronouncement of burqa as undemocratic
as an interference with the personal freedom of an individual. However, so far as
Muslim scholars, theologians and intellectuals are concerned, the debate is altogether
different. It is argued that the Quranic Verse 24:3176, hardly talks about the necessity
for a Muslim women to completely cover her face, revealing only her eyes.77 In fact
the Verse 24:31 begins by exhorting both men and women to lower their gaze when
they meet each other. If women were required to wear veil, covering their face,
where stands the question of lowering their respective gaze? What Muslim women
are made observe in the name of hijab is a social custom from feudal ages when all
sorts of restrictions were imposed on them and it was thought that the rightful place
for women was at home, to serve their husband and children.
Further, the word hijab has been used in the Quran only for the wives of the Prophet
(PBUH) that too in the Verse 33:35, to exhort men not to enter the house of the
Prophet without invitation and not to linger around talking to the wives of the
Prophet. This was because some men had the tendency to linger post-dining at the
house of the Prophet, indulging in talks with the wives of the Prophet.

74
Asghar Ali Engineer, Islam: Restructuring Theology, Vitasta Publishing Pvt. Ltd., 2012 Edition, Chapter 15: A
Fatwa that Stirred Muslims, p.45
75
See: Nicolas Sarkozy Pushes for Burqa Ban in France, The Telegraph, 12 November 2009,
http://www.telegraph.co.uk/news/worldnews/europe/france/6556300/Nicolas-Sarkozy-pushes-for-burqa-ban-in-
France.html, Visited on: 26-10-2014
76
See: The Quranic Verse 24:31- “And tell the believing women to reduce [some] of their vision and guard their
private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of]
their head-covers over their chests and not expose their adornment except to their husbands, their fathers, their
husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women,
that which their right hands possess, or those male attendants having no physical desire, or children who are not yet
aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their
adornment. And turn to Allah in repentance, all of you, O believers that you might succeed.” (Sahih International)
77
Even most orthodox Ulema agree that the Verse 24:31 does not imply that women should cover their faces. In fact,
there is consensus that women should cover their heads and other parts of body except face and two hands. See: Asghar
Ali Engineer, Islam: Restructuring Theology, Vitasta Publishing Pvt. Ltd., 2012 Edition, Chapter 9: Purdah: What does
the Quran say?, p.27-28
36
Women Empowerment through Education: Scholars of religious studies (such as
Karen Armstrong) believe that Islam was the first religion which made it obligatory
for men and women both to acquire education.78 Prophet of Islam went to the extent
of saying, “Ink of the scholar is more sacred than the blood of the martyr”. The pity
is that the Taliban-oriented understanding of Shariah law is taking the world by
storm. Earlier Taliban fundamentalists burnt more than 400 girl-schools (in the
Pakistan Swat Valley) stating that it is not permissible for girls to go to school79;
later, they agreed to re-start the bombed schools provided girls wore hijab. Left best
to their lameness, they themselves don’t know which Shariah position is correct. If
the girls could have gone to the schools with hijab, why did they then burnt, the girl-
schools in the first place? To speak affirmatively, it can be said that Taliban
fundamentalists are tribal first and then Muslims, they perceive the Islamic law
(Shariah) static, with no knowledge of the dynamic principle of Islam, that is, ijtihad.
The Shariah law too needs to change with only the underlying values and norms
remaining the same. Taliban fundamentalists are incapable of understanding the
dynamics of the changing world. They need to be told that it is not Allah’s will to
keep the world He created as static. It can very well be found in Surah-al-Rahman
Verse 29, “…Every day He manifests Himself in yet another wonderful way”.
Wherever the Holy Quran uses the word ‘alim or ulema’ it is to include both men and
women and not men alone. Other religions may or may not have put restrains on
women, preventing them from acquiring knowledge but Islam never did so.
Islam, Women and Inheritance: The moot question which is often contested so far
as the religion of Islam is concerned is that if men and women are equal in Islam and
both enjoy equal rights and liberties, then why does a woman gets half that of the
property which her brother gets so far as the Islamic laws of inheritance are
concerned? It is said that traditionally, there were no rights of inheritance for the
daughters, Islam created such rights. In primitive societies women were not earning
and were not contributing to the family wealth. Post marriage they would go to their
husband’s house and get share in her husband’s property. Additionally, she would get
mehr at the time of her marriage accompanied with a promise for maintenance. It is
argued, given all this, will it amount to injustice if a woman gets half the property

78
According to a well-known hadith; acquiring ‘ilm (knowledge) is obligatory (faridat) on all men and women. Also,
the Holy Quran uses the word ‘ilm and its respective derivatives hundreds of times but has no-where said that women
cannot obtain education. The first wahi begins with the word iqra’ (recite) and many women accepted Islam much
before their male counterparts and recited the Holy Book regularly.
79
Asad Hashim, The Fight for Education in Pakistan’s Swat, 15 October 2012,
http://www.aljazeera.com/indepth/features/2012/10/2012101516347715708.html, Visited on: 03-11-2014
37
which her brother gets as inheritance as per the Islamic laws? The question is open
ended and is very much debatable. The contentions are: firstly, women may not
always get substantial mehr (at times she gets just nominal mehr); secondly, these
days the middle class women work and contribute to the family wealth and
prosperity, so she is entitled to a larger share; thirdly, in many cases women may not
get married and hence would not get mehr and they will have to maintain themselves
after their parents death.
It is interesting to note that the Quranic verses dealing with the issue of inheritance
end with proviso that after paying “a bequest you may have bequeathed or a debt”80,
the Quran has repeated this twice. Thus it can be seen that four times the Quran lays
stress on bequest or debt, if any on the part of the deceased and then remaining will
go to the inheritors as laid by the Quran. Hence, the individual who leaves behind his
property has every right to make will in favour of anyone he likes. The Jurists have
argued that these verses were annulled after the verses on inheritance were revealed.
In the book, Giqh-al-Quran (Seventh Volume, Karachi, 1986), Maulana Umar
Ahmad Usmani strikes an interesting insight on this issue. Therefore, the Quranic
injunction for will stands and father has every right to will extra in favour of his
daughter who hasn’t or does not want to marry, or is physically challenged, or is
otherwise contributing to the family income.
Quran is believed to have created a share in property for the women where it did not
exist as among the Arabs in the Pre-Islamic Arabia; Quran gave women equal rights
putting them at par with their male counter-parts, keeping in line with the cannons of
justice, especially in the area of inheritance of property by way of will (wasiyyah).

80
See: The Holy Quran, Verse 4:11 and 4:12
Verse 4:11- “Allah instructs you concerning your children: for the male, what is equal to the share of two females. But
if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half.
And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the
parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a
sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are
nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is all knowing and wise.”
(Sahih International)
Verse 4:12- “And for you is half of what your wives leave if they have no child. But if they have a child, for you is one
fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave
no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made
or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each
one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as
long as there is no detriment [caused]. [This is] an ordinance from Allah; and Allah is all knowing and forbearing.”
(Sahih International)
38
Divorce on Triple Pronouncement of “Talaq”: Divorce by triple pronouncement of
the word “talaq” was a customary practice (‘aadat) that was prevalent in Arabia
before Islam as a religion of peace and faith took over Arabia. Quranic right of
khul’a (right of a woman to divorce her husband) today stands amidst great
controversy. As per one authentic hadith, Muhammad (PBUH) made this right an
absolute right of the woman, but gender biased Islamic jurists over the years read
into this hadith aspects such as “need of prior approval of the husband”, thus they
derogated this right in absoluteness.
Islam and Polygamy81: Many Muslim ulema are of the opinion that Muslim men
have a ‘right’ to marry up to four wives, that too without even consulting the first
wife or wives (if there are more than one). The reasoning which they (ulema) give is
that, the right to marry up to four wives helps to keep a check over prostitution in the
society. The Holy Quran does not even indirectly justifies, polygamy on such
grounds. It is necessary to understand that the general background amongst which the
Quranic verse dealing with the issue of polygamy was revealed to Muhammad
(PBUH). This Quranic verse dealing in with polygamy was revealed to Muhammad
(PBUH) after the battle of Uhud in which nearly 10% of the total Muslim males were
killed, thereby polygamy was allowed to upkeep the ethos of widow re-marriage and

81
Polygamy pre-existed Islam. It is known that Prophet Abraham was married to Sara (the mother of Isaac) and Hagar
(the mother of Ishmael). Also, it is narrated that Jacob had four women in his life, two wives and two concubines. See:
Genesis 32:22, 32:23 and 32:24. Even in religions prior to Christianity, such as Hinduism, polygamy was very much
prevalent. It was only in 1954, when the Hindu Marriage Act was passed that it became illegal for a Hindu man to have
more than one wife. It is the Indian law and not the Hindu religious text that restricts polygamy.
Prophet Muhammad and Polygamy: Muhammad (PBUH) was married to Khadijah for almost 25 years. After Khadijah
passed away, he re-married a poor widow named Sawdah. Sawdah’s husband passed away after they returned from
Abyssina (the country where Muhammad sent some of his companions to seek refuge). Muhammad’s marriage with
Sawdah was a form of support for her. Muhammad was almost 50 years old when he married Sawdah, who then was
older than him. Few years later, Muhammad married Aisha, the daughter of his friend and companion Abu-Bakir. The
marriage came as an honour for Abu-Bakir and Aisha. Two years later, Hafsa (the daughter of Muhammad’s close
companion Omar) lost her husband in the battle of Uhud. Omar wanted her daughter to get married to one of his trusted
friends. Muhammad agreed to marry her. Later, Muhammad married the daughter of Abu-Sufiyan. Abu-Sufiyan waged
war against the Prophet for almost 20 years. Daughter of Abu-Sufiyan was one of the early Muslims who migrated to
Abyssinia with her husband and lived there for almost 15 years. Her husband, later, converted to Christianity and
thereafter passed away, she was left alone. Muhammad proposed her and later married her.
Bani Al-Nadhir was one of the Jewish tribes that betrayed Muhammad and strategized against him. After Muhammad
besieged them in their city Khaybar, they surrendered. Safiyya, the daughter of their leader was amongst those who
were captured. Muhammad released her and proposed marriage to her. Safiyya accepted the proposal. The same year,
Muhammad (PBUH) sent a messenger to the ruler of Egypt who was Christian, calling him to accept Islam. The
Egyptian ruler refused to accept Islam with a polite apology. Along with his apology he sent Muhammad gifts and a
concubine named Mariya (or Mary). Muhammad accepted the gifts and later married Mariya.
Three things worthy of note are: firstly, Muhammad was strongly against the conferment of title of ‘concubine’ in
regards to any women; secondly, Muhammad never married any women against her particular will and consent; and
thirdly, in regards to all women Muhammad married, the basic agenda was to uplift their status and to grant them
physical protection and mental-emotional security. Muhammad throughout his life gave full stress and emphasis on
Chapter 4, Verse 3 of the Holy Quran which states, “A man can marry a second wife if he can demonstrate full respect,
justice and impartiality to his wives”. Muslims were not allowed to marry any of the wives of Prophet Muhammad after
he passed away because they were like their mothers.
39
so that the widows generally and the orphans in particular can be taken care off.
Thus, polygamy in Islam has nothing to do with prostitution. Going strictly by
Quranic interpretations and without delving into the controversy of what a hadith or
ahadith speaks over the matter, we can very well say with utmost confidence that:
a. Islam through the Holy Quran, grants woman a right to enter into the marriage
contract all by herself (in absence of fraud, coercion, undue-influence and
misrepresentation) and without her consent no marriage could be held valid.
However if we delve into the interpretations which Islamic scholars derive
from the hadith and ahadith, it can be said that even silence of the girl can be
construed as her consent and if she cries when asked whether or not the
marriage is acceptable to her, it shall mean that she is consenting to the
marriage and is crying because she would be separated from her parents. This
makes us remember of the famous line by Lon L. Fuller (as stated in the
Speluncean Explorers Case), “You can break the law without breaking the
letter of it”.
b. The Quranic Verse 4:382 was revealed to do justice to widows and orphans and
to protect their properties. It was not revealed to allow the Muslim men to
marry any women but only widows and orphans to ensure protection of their
properties. Scholars such as Mumtaz Ali Khan opine that there is no clarity in
the Verse 4:3 as to whether Quran allows four wives simultaneously, or one
after other or divorcing one and marrying second and so on, thus to say
polygamy is given open permissibility in Quran is out-rightly wrong.
c. Many ulema of great repute advocate polygamy in Islam on the grounds that it
is needed to check sexual corruption in the society. There are two verses in the
Holy Quran on this subject, Verse 4:3 and Verse 4:129. In both of these verses
there is not an even indirect hint of any such kind (polygamy permissible in
Islam to check sexual corruption and prostitution in the society). When both
the verses of the Quran (4:3 and 4:129) are read together in the light of each
other, it becomes clear that the Holy Quran permits polygamy most reluctantly

82
The Holy Quran, Verse 4:3, “And if you fear that you will not deal justly with the orphan girls, then marry those that
please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or
those, your right hand possesses. That is more suitable that you may not incline [to injustice].” (Sahih International)
40
(like in certain conditions such as that of war) and makes it conditional to
justice83.
Women held as ‘Half Witness’ in Islam: It is often asked, why Islam holds women
‘half witness’, if both men and women are equal in Islam. Mumtaz Ali Khan in his
much debated book, Huququn Niswan, writes with certain degree of conviction that,
the Quran does not say that women are half the witness but only recommends that in
financial transactions have two women and one man if two men are not available.
This is a privilege rather than a stigma. Two women have been suggested because
often women are not available because of some or other problem such as
menstruation or pregnancy. Such privilege is not available to men. On scales of
reason and logic, the rationality of this answer can be much debated.
Concept of Muta Marriage: Islam as a gender-sensitive and gender-equal religion

grants no permissibility to the muta concept of marriage and this can be said with
utmost conviction in the light of the Quranic text. Broadly speaking, muta marriage
is a kind of “temporary marriage” recognised in the Shia school of the Muslim Law.
The term muta marriage may be defined as “marriage for pleasure”. Muta marriage is
a temporary marriage, for a defined period of time, fixed after the determination of
dower. This concept of marriage is not recognised in the Sunni school of the Muslim
Law because according to it, marriage although is a contract but such a contract
cannot be restricted in its duration and the acceptance rendered at the time of
proposal in the nikah denote an immediate and permanent union. Under the Sunni
school of Muslim Law, a marriage specifically declared for a limited period of time
is void.
To draw specific distinction between nikah and muta marriage it can be said that: (a)
Muta is temporary marriage contracted for a limited period and terminates ipso facto
with the expiry of stipulated term or by hiba-i-muddat (gift of the term) or by death
while nikah is permanent marriage which may be dissolved by divorce or death; (b)
Muta is recognised among Shias but not among the Sunnis, nikah on the contrary is
recognised by both the sects; (c) Muta marriage does not confers any mutual right of
inheritance between the wife and the husband. However, the children procreated as a
result of, muta cohabitation are given the right to inherit both from the mother as well
as the father; (d) Divorce is not recognised in muta marriage. It is recognised in
nikah. A muta husband can distance his wife by hiba-i- muddat; (e) In muta

83
Verse 4:129 of the Holy Quran reads, “And you cannot do justice between wives, even though you wish (it), but be
not disinclined (from one) with total disinclination, so that you leave her in suspense…”
41
marriage, if it is unconsummated, the wife is entitled to only half of the dower while
in nikah the wife gets full dower, no matter, whether the marriage is consummated or
not; (f) Muta wife is not entitled to maintenance. In nikah, she is entitled to
maintenance. The Holy Quran never gave permissibility to this (muta) form of
marriage. Nikah is perfectly in line with the Quranic text.
Child Marriages and Islam: Many Arab countries endorse the practice of marrying
underage girls on the arguments that such practices help young girls in avoiding
spinsterhood or the temptation of engaging in relationships outside the wedlock.
Reports show that most of such marriages are driven by poverty, mostly in countries
like Yemen, so far as countries like Saudi Arabia are concerned, child marriage is
more of a tribal tradition which is practiced in the name of Islam. The traditional
jurists and theologians of Islam are of the belief that Islam permits child marriage,
because the Prophet of Islam married Aisha when she was just 7 years old. Modern
research on the other hand claims that it is doubtful if the Prophet of Islam married
such a young girl. It is established that the hadith regarding the marriage of Hazrat
Aisha appeared 300 years post the death of the Prophet (PBUH), thus it cannot be
emphatically be relied upon. More-so-over, the Quran describes marriage as a strong
covenant (mithaqan ghaliza), thus if marriage is contractual then how can one enter
into a contract with a child who is hardly conscious of the implications of such a
marriage?
Further, Islam holds that the contractual nature of marriage cannot be altered. It is
because of this reason that the Hanafi School of Islamic Jurisprudence has made a
provision for what is called as the “option of puberty” (khiyar-al-bulugh). According
to this provision, if a child is married pre-puberty, she has the option of repudiating
the marriage on achieving puberty. Child marriages which might be seen as
permissible under garb of Shariah are completely not permissible under the norms of
Islam (the Quran). What is known as the Shariah includes a number of Pre-Islamic
Arab traditions and customary practices known as aadat. Principles formulated by
Islam based on the Holy Quran are not only divine but are also universal, but when
customary practices mix with these divine injunctions, the nature of these injunctions
remain no more divine and rather becomes rudimentary.
Marital Rape in Islam: A great deal of controversy surfaced when the then
President of Afghanistan, Hamid Karzai signed a bill legalising the use of force by
42
the husband to intimidate the wife into physical intimacy.84 Post the signing of the
bill, the hue and cry created by the human rights activists and the various other
women organisations not only forced him to withdraw the bill but also seek
apology.85 The moot question remains, does Islam allows marital rape?
According to some Islamic Jurists, post the marriage and the payment of the mehr
amount, the husband acquires a right over the wife and she cannot refuse her husband
to have coitus with her. However, the Quran declares that nikah and mehr do not
make the husband the owner of the body of the wife. Though in Islam marriage is a
contract; but the Quran calls marriage a strong covenant (mithaan ghaliza).86 It is
necessary to understand and appreciate that Islam too believes that all contracts are
subject to certain conditions especially the marital contract between two human
beings. Quran calls marriage a covenant but treats it like a sacrament which gives
rise to a relationship of love, care and trust between two individuals.87 If the Holy
Quran by virtue of Verse 2:187 describes husband and wife as libas (garment) for
each other, then how can it justify marital rape?
The Quran holds that the very philosophy of marriage is based on love, care,
companionship and mutual respect. The Quranic Verse 30:21 reads as follows, “And
of His signs are this, that He created mates for you from yourself that you might find
quiet of mind in them, and He put between you love and compassion. Surely there
are signs in this for people who reflect.”
The Quran nowhere says that the husband acquires a right over the body of his wife
after he pays mehr to her. This is very disguising conception of marriage. The Holy
Quran is so sensitive to the rights of the wife that it even allows her to refuse to
suckle her child if she so decides.88 To say that the Quran allows marital rape is to
read Quran under the influence of male chauvinism and patriarchy.

84
See: Ben Farmer, Hamid Karzai Signs Law Legalising Rape in Marriage, The Telegraph, 31 March 2009,
http://www.telegraph.co.uk/news/worldnews/asia/afghanistan/5080797/Hamid-Karzai-signs-law-legalising-rape-in-
marriage.html, Visited on: 22-10-2014
85
See: Jon Boone, Karzai bows to International calls to scrap Afghan ‘rape’ law, The Guardian, 05 April 2009,
http://www.theguardian.com/world/2009/apr/05/afghanistan-shia-rape-law-scrap, Visited on: 23-10-2014
86
87
The Quran describes the relationship between the husband and the wife as that of mawaddah and rahmah; that is of
love and compassion, each seeking solace in the other (li taskunu). See: The Holy Quran, Verse 30:21
88
See: The Holy Quran, Verse 65:6, “Lodge them where you live according to your means and injure them not to strait
them. And if they are pregnant, spend on them until they lay down their burden. Then if they suckle for you, give them
their recompense, and consult one another in a fair manner and if both disagree (that the mother should suckle the
child), let another woman suckle (the child).”
43
Lastly, it will be wise to repeat the words of Asgar Ali Engineer that, if the Muslim
women do not progress then the Muslim community cannot. It is necessary for most
of the Islamic States (particularly Saudi Arabia) to realise that women form half the
population of the Muslim community and if half the population is kept backward
then how can the entire community progress? Many Muslim women have shown that
they are great achievers (Zahida Manzoor, Sadia Dehlvi, Baroness Warsi, Malala
Yousafzia and Mishal Husain) and given opportunities they are behind none. Thus, if
Muslim community in general and Islamic States such as Saudi Arabia give them
(Muslim women) their rights and full freedom, a great potential of energy pent up for
so long will be released that Muslim ummah will be in for greater achievements and
much favourable times.
44
Chapter 4: Environment and Animal Rights in Islam
Muhammad (PBUH) preached his followers and companions that all individuals
have equal rights in natural resources. Natural resources are the gift of God to all
mankind and hence must not be wasted and must not be monopolised. Muhammad
(PBUH) preached that all individuals have equal shares in grass (green cover), fire
(energy) and water; except for things legally privatised. The Prophet of Islam was
very vocal so far as protection of environment is concerned, he commanded his
followers that a true Muslim is the one who does not pollute the environment;
damage the environment; waste or overuse the natural resources and uses the natural
resources efficiently, considering recycling.
Prophet Muhammad often emphasised on Verse 14 of Chapter 23 of the Holy Quran

which says, “Flora and Fauna are the best of creation of God”. “No Harm” was the
general rule with which Muhammad (PBUH) complied with, he often quoted that
protecting the natural resources and preserving the environment are the best of duties
of the mankind. The Prophet of Islam condemned water wasting and overspending
and always emphasised on water rationing. He considered it a sin to pollute stagnant
water or urinate in it. Muhammad (PBUH) asked his followers to draw inspiration
from Chapter 21, Verse 3089; Chapter 17, Verse 2790 and Chapter 7, Verse 3191 of the
Holy Quran.
Add Value to the Environment: Muhammad was of the belief that it is the
responsibility of every human being to add value to the environment even if the
whole universe is collapsing and life is ending on this planet for better or for worse.
Muhammad (PBUH) is often seen quoting that those who believe in God and the
Last Day, must add value to the environment and must protect and preserve the
environment, for Almighty does not like those who cause mischief and destroy the
crops and cattle. In most of his lectures and sermons, Muhammad emphasised on
Chapter 28, Verse 77 of the Holy Quran which speaks as follows: “And seek the
dwelling of the Hereafter and don’t forget your portion of lawful enjoyment in this
world and do good as Allah has been good to you and seek no mischief in the land,
Verily Allah does not like those who cause mischief.”

89
The Holy Quran- Chapter 21, Verse 30: “Out of water, ‘We’ made every living creature.”
90
The Holy Quran- Chapter 17, Verse 27: “Verily the spendthrifts (wasteful people) are the brothers of devils and the
Satan has ever been ungrateful to his Lord.”
91
The Holy Quran- Chapter 7, Verse 31: “Eat and drink with no extravagance. Certainly He does not like the prodigals
(those who waste and overspend).”
45
Ethical Treatment to Animals:
A non-believer was whining that Muhammad (PBUH) was preaching his followers
about the rights of women, so he said (jokingly); “Next, he will be saying that camels
too have rights!” His friend replied, “He already has… Apparently we have to be
kind to them.”
The Prophet of Islam was against confining, detaining and restraining of animals for
no genuine reason. He emphasised, quoting Surah 6:38 of the Holy Quran, that all
animals must be treated with care and dignity.92 Prophet Muhammad (PBUH)
forbade blood sport such as cock-fighting and animal fighting, which is cruelty to the
animals. Muhammad forbade his followers to hunt for sports like shooting birds and
animals with bows and arrows. So far as killing of animals for consumption is
concerned, Muhammad taught his followers that they have no right to kill any animal
except for those permitted by God. He was of the idea that only certain animals can
be slaughtered for human consumption. Only vegetarian animals (cows, sheep,
chicken and birds that eat no flesh) can be slaughtered for consumption with an
exception of pigs. Muhammad taught his disciples that lawful killing (halal) of
animals should be done in the least painful manner.93 Muhammad (PBUH) opined
that an act of kindness to animals is rewarded by Allah.
Consumption of Meat: There is no suggestion in the Quran or in any Hadith that

eating meat is good for physical or spiritual health. Approach of Islam on this subject
matter is neutral; it is left to the choice of an individual.94 Prophet Muhammad never
advocated daily consumption of meat. Muhammad (PBUH) urged his followers to
eat meat in moderation and not to allow their stomachs to become graveyards. As per
the Holy Quran the best drink for mankind is “milk” and the best food is “honey”.
Animal Sacrifice and Islam: The only sacrifice which Islam through the Holy Book
of Quran talks about is that of one’s own ego, pride and selfishness. The Quran in no
permissible terms talks about animal sacrifice. Muslims all over the globe celebrate
each year “Eid-ul-Adha” which in the Islamic faith symbolises a “festival of
sacrifice”. Here, animal sacrifice is only symbolic. Real sacrifice to be made by the
Muslims is that of their animal instincts, that is of greed, ego, pride and selfishness.

92
The Holy Quran, Surah 6:38: “There is not an animal or creature (that lives and moves) on earth nor there is a being
that flies on its wings, but they are communities like you. We have not neglected anything in the Book and they (all
creation) shall be gathered to their Lord in the end.”
93
Islam prohibits slaughtering of animals by a blunt blade (the blade must be very sharp). An animal must not be hit by
a stone or slaughtered next to another animal watching the slaughter process.
94
See: The Holy Quran- Chapter 5, Verse 87 and Chapter 7, Verse 31
46
The Quran refers to a historic event as a role model for this act of sacrifice. Prophet
Abraham sacrificed an animal but it was a symbolic sacrifice. The real sacrifice on
his part was that he dedicated his son, Ismail, for a peaceful mission. This mission is
referred in the Quran as Zibh Azeem (Chapter 37, Verse 107). It means great
sacrifice, but Prophet Abraham never slaughtered his son; he only dedicated his son
for a purpose, that is, to live in a desert and to produce a new peaceful generation that
is called the Banu Ismail (Children of Ismail). Celebrating this event annually means
that the faithful should pledge to follow the example of Ismail.95
Some scholars criticise Islam for exercise of violence against animals on the day of
Eid-ul-Adha, as many animals such as sheep and goats are slaughtered on that day as
a matter of a ritualistic sacrifice given in the name of God and religion. It is
interesting to note that the Holy book of Quran does not talk about such sacrifices,
not even indirectly. A careful and a conjoint reading of Chapter 37, Verse 102 to 109
of the Holy Quran will comfortably put all such disputed issues to an end.96 In the
Pre-Islamic Arabia, rituals in the nature of animal sacrifice were very much
prevalent; Islam by way of the Holy Quran came to the people of Arabia as a golden
truth and not as a cold theory. But the pity is that, instead of depending solely on the
teachings of the Quran, the people of Arabia (disintegrated among several tribes)
read into the verses of the Quran their tribal customary practices which were brutal
and unjust, thus they corrupted the very spirit of the Quran with violent endeavours.
Michael H. Hart in his book, The Prophet of Islam: Muhammad, takes note of three
instances from the life of the Prophet (PBUH) which, substantiate the point that
Islam as a religion of peace advocates the rights of animals for to be treated with
kindness, care, love and compassion.97 These instances are:
a. In the year 627 CE, Muhammad (PBUH) was leading his caravan to Mecca to
perform Umrah98. Muhammad (PBUH) changed the route of the large convoy

95
See: Maulana Wahiduddin Khan, Why we celebrate Eid-ul-Adha?, The Speaking Tree, The Times of India,
http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=THE-SPEAKING-TREE-Why-We-Celebrate-
Eid-ul-07102014016079, Visited on: 24-10-2014
96
The Holy Quran- Chapter 37, Verse 102: And when he reached with him (the age of) exertion, he said, “O my son,
indeed I have seen in a dream that I (must) sacrifice you, so see what you think.” He said, “O my father, do as you are
commanded. You will find me, if Allah wills, of the steadfast”.
The Holy Quran- Chapter 37, Verse 103 to 109: And when they had both submitted and he put him down upon his
forehead, ‘We’ called to him, “O Abraham, you have fulfilled the vision. Indeed ‘We’ thus reward the doer of good.
Indeed, this was the clear trial. And ‘We’ ransomed him with a great sacrifice, and ‘We’ left for him (favourable
mention) among later generations: “Peace upon Abraham”.
97
See: Michael H. Hart, The Prophet of Islam: Muhammad, Third Edition (2013), Islamic Sciences and Research
Academy of Australia, Chapter 8: Environment, p. 175-177
98
Visit to the Sacred Mosque in Mecca to perform religious rites and ceremonies.
47
of pilgrims because he did not want to frighten a female dog that was giving
birth in a spot along the route to Mecca.
b. Muhammad (PBUH) on one occasion wanted to pass a message to a person
regarding good treatment of animals. He told him that his camel “complained”
to the Prophet because it was loaded with luggage more than it could carry. On
another occasion, Prophet told to his companions that God severely punished a
woman because she imprisoned and confined a cat until it died. She neither fed
the cat nor let it go.
Muhammad (PBUH) often narrated (to his companions) the story of a thirsty
man who found a well of water and went down to drink. When he went up, he
found a thirsty dog grasping in thirst, so the man went down in the well again
to fill his shoe with water and brought it up to the dog. Allah was thankful to
the man, for his compassion, and forgave him for his past sins.
c. Muhammad (PBUH) was against stoning of animals and slaughtering of
animals by blunt blade. On one occasion (it is said) Muhammad said to a
person who was slaughtering an animal besides another one, “do you want to
kill the other animal twice?”
Prophet Muhammad was of the belief that a good deed done to a beast is as good as
doing good to a human being; while an act of cruelty to a beast is as bad as an act of
cruelty to a human being.99 As per the narrations of Abdullah-Bin-Mas’ud, the
Prophet of Islam was of the opinion that prevention of physical cruelty against
human beings as well as other animals was not enough; mental and emotional cruelty
were equally important. Muhammad (PBUH) always preached that, whoever is kind
to the creatures of God is in fact kind to him-self.

99
See: Mishkat-al-Masabih; Book 6; Chapter 7, 8:178
48
Chapter 5: Conclusion
It is a matter of great un-fortune that the Islamic Jurisprudence has lost the dynamism
it had in earlier centuries with more than hundred schools of jurisprudence, today
only seven schools of Islamic Jurisprudence are in existence. Today Muslims follow
these schools but hardly make any effort to bring about the necessary changes. Islam,
both in matter as well as in spirit provides for creative interpretation of the Quranic
text, doctrine of ijtihad has lost its efficacy in Islamic Jurisprudence. The reading of
the Quran in a manner that is strait-jacketed is the root cause of the unfortunate
upheaval this religion of peace has been lately exposed to. Power politics and the fear
of loss of authority which the ulema face today have turned down Islam big-time.
Even the most educated Muslims are confused about certain intrinsic aspects of the
Quran, many of them are un-aware of the fact that if solution to a problem is not
found in the Quran or the hadith, the Quran directs that one should depend on his
intellect and should take decision which seems the most rational and reasonable with
kindness and compassion been given primary importance (doctrine of zaroorat).
The great poet Iqbal once maintained that Communism plus God is Islam. What is
important to note is that, the Quran does not centres Islam with any ideology in
particular, as ideologies can change (or are subject to change). Quran does not
centres Islam with communism or capitalism or any other ‘ism’ but simply puts
justice at the centre and justice being a virtue (or value) can never change. Islam
today is the most misunderstood religion, for example, in many Islamic countries the
punishment for adultery is stoning, they say that this is in line with the Shariah law,
giving no thought that Shariah law is not divine, it is man-made and it is only the
Quranic text that is holy; Quran is the way of God, not the Shariah law. Quran no-
where suggests that the crime of adultery should be punished by stoning the accused
individual. Also, Islam doesn’t grant a male individual the right to marry up to four
women as a matter of “privilege”, instead it says marry up to four women if you
“must” but only if you can do “justice” with all of them. Islam neither allows nor
supports marital rape. Islam is against all forms of violence and bloodshed, the
Prophet of Islam always advised his followers that one should never go in extremes
in practice and propagation of his/her religion, and no-compulsion and no-harm are
the intrinsic beliefs with which Islam as a religion of peace, abides by. The terrorists
of Taliban and the traditional ulema disguise “girl-education” by observing self-
acquired authority, without any knowledge that the Prophet of Islam once said, “the
ink of the scholar is more sacred than the blood of the martyr”. Many scholars
49
criticise Islam by saying that marriage is a “contract” in Islam and not a “holy
sacrament”, without giving necessary thought that no contract can fructify unless
there is free consent from and on behalf of both the parties to the contract, thus prior
consent of women is necessary for marriage to materialise in Islam. Quran is against
gender discrimination but is appreciable of the intelligible differentia as between
“equal” and “identical”, the underlying philosophy though is deep and path-breaking
but it requires reading the holy text of the Quran with an open-textured approach.
With no doubt, the Quran indeed gives equal rights to women unambiguously by
virtue of Verse 2:228.
The customary practice has been is that the Quranic verses have been interpreted in
the light of certain ahadith, irrespective of the fact that certain ahadith need critical
re-examination. The science of hadith was developed by the Muhaddessin (the
individuals who specialise in the science of hadith), thus to a great extent, the
accuracy of it depends on the beliefs and the value-judgement of the narrator. The
authenticity of a hadith depends on the character of the narrator and not on their
respective ideological position towards things or their respective intellectual
capacity. Also, in some cases even if a hadith apparently contradicts a Quranic
formulation it may be accepted as long as it fulfils other criteria. Thus, riwayat
(narration of text) is held as more important than dirayat (intellectual criteria) by
traditional theologians. It is necessary to note that, the existing hadith literature
comprises of both authentic and doubtful accounts of the life and times of the
Prophet (PBUH). The Muslims of today must train themselves in modern methods of
critiquing the existing hadith literature and they must rigorously select only those
hadith which are authentic and thus are keeping with reason. The integrity of the
narrator is not enough; it should by far necessarily fulfil the criterion of reason.
Quran holds that reason, rationality and intellect are divine gifts and thus all of
humanity must recognise the role of ‘aql (reason). Apart from other things, the need
of the hour is that women theologians should take initiative and should come up to
read and interpret the open textured language of the Quran from the perspective of
the women. Some men like Maulavi Mumtaz Ali Khan100 (who were colleagues of
Sir Syed Ahmed Khan) did excellent work in the nineteenth century to advocate
gender parity, based on progressive Islamic interpretation of the Quran. Another

100
Maulavi Mumtaz Ali Khan’s book Huququn Niswan is an excellent work published in the early 1890s. This book
talks in great detail about the rights of women in Islam; how the progressive interpretation of the Quranic text stands
staunchly against gender discrimination; and how the open textured Quranic interpretation discards the concept of triple
divorce (triple pronouncement of talaq) in one sitting.
50
theologian of the twentieth century, Maulana Umar Ahmad Usmani (graduate from
Dar-ul-Uloom), greatly advocated the concept of gender equality in Islam through is
book Fiqh al-Quran. He based his book on the Quranic formulations giving no stress
in particular on the hadith that is why he named the book Fiqh al-Quran. As of
recently, some women theologians have been making efforts to understand the Quran
from their own perspective. Fatima Mernissi of Morocco and Amina Wadud of
Maryland have done excellent work over the years by interpreting the Quranic text
from independent scholarly perspectives. Also, Laleh Bakhtiar of United-States
translated the Quran into English from a feminist perspective calling it “inclusive” as
against other “exclusive” translations. The need of the hour is to critically appreciate
the corpus of Quranic literature in order to restore to women the rights they lost to
men under a feudal social ethos.
The intrinsic values which the Quran preaches can be summarised as: the principle of
no compulsion (that is no one should be forced into the religion, Islam is against
religious fundamentalism), the principle of no harm (that is human life is the most
precious thing in the universe and all human beings in last logical atomist analysis
are one family, the children of Adam), and the principle of morality (that is the most
favoured of God is the one from whom greatest good comes to His creatures). Islam
believes that reformation through oppression is no reformation in the first place and
secondly, society dominated by the urge for truth will never succumb to chaos, but
people in search for power can become despots in extreme cases. The dearest thing to
the Prophet of Islam was justice (haq) and not power (iqtidar).
The Holy Quran emphasises that every Muslim should not only be rational and
pragmatic but should also be reasonable, foresighted, progressive and reformist. He
should be aware of his rights and duties and should have the courage to speak the
truth amidst of all adversities. The Quran holds in Verse 13:11 that, “Allah changes
not the condition of the people, until they change their own condition.”101 As advised
by Justice Amir Ali and Maulana Shibli, all progressive Muslims must view the two
intrinsic aspects of Islam in parlance with each other. First is the aspect of ‘ibadat
and the second is the aspect of mu’amalat. The second deals with what is between
human beings (which is subject to change) and the first deals with what is between
human beings and Allah (which cannot be changed). Islam based on the divine

101
On similar lines Allama Iqbal went ahead to state, “Every believer must raise himself to such an extent that Allah
would Himself ask the believer what his wish is, so that Allah could grant him the same and be obliged”.
51
Quranic injunctions comes in the first category, while regional customs and traditions
that are read into the Quranic teachings form the part of the second category.
In the words of Mrs. Raheel Raza, the need of the hour is to perceive Islam as a
religion that is Quran-centric as against a religion that is hadith-centric. Mrs. Raheel
Raza and Edip Yuksel are of the opinion that hadith-centric Islam is against reform
and change, although the Quran in its all divinity is open-textured and is open to
progressive interpretation. Also, ahadith are not only controversial but are also based
on Arab culture, customs and traditions. The Quran on the other hand is of divine
origin and goes beyond the geographical areas. It is not restricted by any time period.
In other words, the Holy Quran goes beyond space and time, much because of the
values it emphasises upon, that is, truth (haq), justice (adl), benevolence (ehsan),
compassion (rahmah) and wisdom (hikmah). The Holy Quran believes that human
solidarity is the common denominator of all religions, and the feeling of supremacy
of one religion over the other is the result of human arrogance and lack of
appreciation towards true religious spirit. Islam believes that “truth” is at the core of
all religious teachings and no “one truth” can be superior to the other truth.
Progress in Islamic scholarship can happen only when knowledge ceases to be the
monopoly of few traditional alim and the Islamic theology ceases to be a stagnant
pool engaged only in the appreciation of the past glory. Islam by far can be seen as
the most progressive religion if emphasis is supplied on the Holy Quran (to be read
with dynamism and not with static orientation) and not the hadith.102 To conclude in
the words of Reverend Reginald Bosworth Smith, we can say that, Prophet
Muhammad as the head of the State and as the head of the Church, was Caesar and
Pope in one; but, he was Pope without the Pope’s claims, and Caesar without the
legions of Caesar, without a standing army, without a bodyguard, without a palace,
without a fixed revenue. If ever any man had the right to say that he ruled by a divine
right, it was Muhammad.103 Islam teaches that God has given man the faculty of
reason and therefore expects man to reason things out objectively and systematically.
Islam as a religion of peace calls its followers (and observers) to stand against
tyranny, injustice and religious extremism; it is a religion of truth and justice, with its
teachings beyond space and time. The propagator of Islam, Muhammad, is truly the
“Prophet of Our Time”.

102
See: The Holy Quran, Chapter 10, Verse 38, “And it was not possible for this Quran to be produced by other than
Allah, but it is a confirmation of the revelation made before it and a detailed explanation of the Book (former scripture),
without a doubt it is (a revelation) from the Lord of the worlds (entire universe)”.
103
See: Reverend Reginald Bosworth Smith (1839-1908), Mohammad and Mohammedanism, London, 1874, p.92
52
Bibliography
Primary Sources:
1. Reverend Reginald Bosworth Smith (1839-1908), Mohammad and

Mohammedanism, London, 1874
2. Michael H. Hart, The Prophet of Islam: Muhammad, Third Edition (2013),
Islamic Sciences and Research Academy of Australia
3. Thomas Cleary, The Essential Koran: The Heart of Islam, Harper Collins
Publication, 2011 Edition
4. Karen Armstrong, Muhammad- A Biography of the Prophet, Victor Gollancz,
1991 Edition, London
5. Karen Armstrong, The History of God, Ballantine Books Publication, New
York, 1993 Edition
6. Asghar Ali Engineer, Islam: Restructuring Theology, Vitasta Publishing Pvt.
Ltd., 2012 Edition
7. James Burke, The Day the Universe Changed, Little Brown & Co., September
1987
8. Kaleem Ullah Khan, Islam: The Source of Universal Peace, Goodword Books
Publication, 2007 Edition
Secondary Sources:
1. Jon Boone, Karzai bows to International calls to scrap Afghan ‘rape’ law, The
Guardian, 05 April 2009,
http://www.theguardian.com/world/2009/apr/05/afghanistan-shia-rape-law-
scrap, Visited on: 23-10-2014
2. Ben Farmer, Hamid Karzai Signs Law Legalising Rape in Marriage, The
Telegraph, 31 March 2009,
http://www.telegraph.co.uk/news/worldnews/asia/afghanistan/5080797/Hamid
-Karzai-signs-law-legalising-rape-in-marriage.html, Visited on: 22-10-2014
3. Asad Hashim, The Fight for Education in Pakistan’s Swat, 15 October 2012,
http://www.aljazeera.com/indepth/features/2012/10/2012101516347715708.ht
ml, Visited on: 03-11-2014
4. Nicolas Sarkozy Pushes for Burqa Ban in France, The Telegraph, 12
November 2009,
http://www.telegraph.co.uk/news/worldnews/europe/france/6556300/Nicolas-
Sarkozy-pushes-for-burqa-ban-in-France.html, Visited on: 26-10-2014
53
5. Headscarf not a must for female lawmakers in Kuwait, The Gulf News
Kuwait, 28 October 2009, http://gulfnews.com/news/gulf/kuwait/headscarf-
not-a-must-for-female-lawmakers-in-kuwait-1.520316, Visited on: 02-11-2014
6. Richard Spencer, Kuwaiti women MPs refuse to wear hijab in parliament, The
Telegraph, 12 October 2009,
http://www.telegraph.co.uk/news/worldnews/middleeast/kuwait/6307598/Kuw
aiti-women-MPs-refuse-to-wear-hijab-in-parliament.html, Visited on: 02-11-
2014
7. Nick Cumming Bruce & Steven Erlanger, The New York Times, Swiss Ban
Building of Minarets on Mosques, 29 November 2009,
http://www.nytimes.com/2009/11/30/world/europe/30swiss.html?_r=0, visited
on: 30-10-2014. Also see: Swiss Voters Back Ban on Minarets, BBC News,
http://news.bbc.co.uk/2/hi/8385069.stm, Visited on: 01-11-2014
8. Azra Awan, Human Rights in Islam, Why Islam?,
http://www.whyislam.org/islam/human-rights-in-islam/, Visited on: 25-10-
2014
9. Human Rights in Islam, Gain Peace Through Islam,
http://www.gainpeace.com/index.php?option=com_content&view=article&id=
117:human-rights-in-islam&catid=54&Itemid=117, Visited on: 25-10-2014
54

Concept of Rights in Islam by Shivam Goel PDF

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Concept of Rights in Islam by Shivam Goel PDF

Загружено:

Авторское право:

Доступные форматы



Electronic copy available at: http://ssrn.com/abstract=2583422

Electronic copy available at:

// $$$   

0  

4& )*5/ +)

*   &

/- <:=9>4& )*5/ +)

-The Holy Quran (Chapter 29, Verse 46)

B.Com Honours- Delhi University

Islam does not uphold asceticism or escapism.4 In Islam true mysticism is

The Concept of God: Belief in One Almighty, Omnipotent, Omniscient, Sovereign

Islam and Muhammad (PBUH)15:

Prophet Muhammad (PBUH) - Personal Details:

Name Muhammad (Peace be Upon Him)

Date of Birth 22nd April, 570 C.E.

Muhammad (PBUH) introduced himself as the Messenger of God.17 He devoted his

b. Concept of Rights: Muhammad (PBUH) gave individuals in the primitive

c. Concept of Justice: The concept of justice is primary to Islam. The concept of

d. Concept of Freedom: The chief characteristics of a modern society are- freedom

In the western countries, Muhammad (PBUH) is often seen as an aggressive

f. Trade, Commerce and Intercourse: In Islam honest trading is not only

Activities such as black-marketing and hoarding are strictly forbidden in Islam.34

If conceptual framework of Islam as a religion of peace is seen without any prejudice

It is further important to take note of the following:

(ii). Muhammad (PBUH) observed honour-killing and bloodshed as major sins.

Right to freedom of religion51: Muhammad (PBUH) viewed religion as a motivator

In definite terms in Islam, a wife is not considered as a part of her husband’s

Gender Equality in Islam: It is believed that even philosophers of the stature of

Concept of Muta Marriage: Islam as a gender-sensitive and gender-equal religion

Prophet Muhammad often emphasised on Verse 14 of Chapter 23 of the Holy Quran

Consumption of Meat: There is no suggestion in the Quran or in any Hadith that

1. Reverend Reginald Bosworth Smith (1839-1908), Mohammad and

Вам также может понравиться

// $$$

0

4&)*5/ +)

* &

/- <:=9>4&)*5/ +)