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Shaykh Hamza Yusuf And The Question of Rebellion In The Islamic Tradition

15 September, 2019 - 14:43

In recent years, Shaykh Hamza Yusuf, a notable Islamic scholar from North America, has gained global prominence by supporting efforts by the United Arab Emirates (UAE) to deal with the fallout of the Arab revolutions. The UAE is a Middle Eastern autocracy that has been the chief strategist behind quelling the Arab revolutionary aspiration for accountable government in the region. Shaykh Hamza views himself as helping prevent the region from falling into chaos by supporting one of its influential autocratic states. However, more recently, he has become embroiled in another controversy because of comments he made regarding the Syrian revolution in 2016 that surfaced online earlier this week and for which he has since apologised. I will not discuss these comments directly in this article, but the present piece does have a bearing on the issue of revolution as it addresses the question of how Islamic scholars have traditionally responded to tyranny. Thus, in what follows, I somewhat narrowly focus on another recent recording of Shaykh Hamza that has been published by a third party in the past couple of weeks entitled: “Hamza Yusuf’s response to the criticism for working with Trump administration”. While it was published online at the end of August 2019, the short clip may, in fact, predate the Trump controversy, as it only addresses the more general charge that Shaykh Hamza is supportive of tyrannical governments.

Thus, despite its title, the primary focus of the recording is what the Islamic tradition purportedly says about the duty of Muslims to render virtually unconditional obedience to even the most tyrannical of rulers. In what follows, I argue that Shaykh Hamza’s contention that the Islamic tradition has uniformly called for rendering obedience to tyrannical rule—a contention that he has been repeating for many years—is inaccurate. Indeed, it is so demonstrably inaccurate that one wonders how a scholar as learned as Shaykh Hamza can portray it as the mainstream interpretation of the Islamic tradition rather than as representing a particularly selective reading of fourteen hundred years of scholarship. Rather than rest on this claim, I will attempt to demonstrate this in what follows. (Note: this article was sent to Shaykh Hamza for comment at the beginning of this month, but he has not replied in time for publication.)

Opposing all government vs opposing a government

Shaykh Hamza argues that “the Islamic tradition” demands that one render virtually absolute obedience to one’s rulers. He bases this assertion on a number of grounds, each of which I will address in turn. Firstly, he argues that Islam requires government, because the opposite of having a government would be a state of chaos. This is, however, to mischaracterise the arguments of the majority of mainstream scholars in Islamic history down to the present who, following explicit Qur’anic and Prophetic teachings, opposed supporting tyrannical rulers. None of these scholars ever advocated the removal of government altogether. They only opposed tyranny. For some reason that is difficult to account for, Shaykh Hamza does not, in addressing the arguments of his interlocutors, make the straightforward distinction between opposing tyranny, and opposing the existence of any government at all.

A complex tradition

Rather than support these tyrannical governments, the Islamic tradition provides a variety of responses to how one should oppose such governments, ranging from the more quietist—opposing them only in one’s heart—to the more activist—opposing them through armed rebellion. The majority of later scholars, including masters such as al-Ghazzali (d. 505/1111), Ibn Rajab al-Hanbali (d. 795/1393), and Ibn Hajar al-‘Asqalani (d. 852/1449) appear to have fallen somewhere between these two poles, advocating rebellion only in limited circumstances, and mostly advising a vocally critical posture towards tyranny. Of course, some early scholars, such as the sanctified member of the Prophetic Household, Sayyiduna Husayn (d. 61/680) had engaged in armed opposition to the tyranny of the Umayyads resulting in his martyrdom. Similarly, the Companion ‘Abdullah b. Zubayr (d. 73/692), grandson of Abu Bakr (d. 13/634), and son of al-Zubayr b. al-‘Awwam (d. 36/656), two of the Ten Companions Promised Paradise, had established a Caliphate based in Makkah that militarily tried to unseat the Umayyad Caliphal counter-claimant.

However, the model of outright military rebellion adopted by these illustrious scholars was generally relinquished in later centuries in favour of other forms of resisting tyranny. This notwithstanding, I will try to show that the principle of vocally resisting tyranny has always remained at the heart of the Islamic tradition contrary to the contentions of Shaykh Hamza. Indeed, I argue that the suggestion that Shaykh Hamza’s work with the UAE, an especially oppressive regime in the Arab world, is somehow backed by the Islamic tradition can only be read as a mischaracterisation of this tradition. He only explicitly cites two scholars from Islamic history to support his contention, namely Shaykhs Ahmad Zarruq (d. 899/1442) and Abu Bakr al-Tartushi (d. 520/1126), both of whom were notable Maliki scholars from the Islamic West. Two scholars of the same legal school, from roughly the same relatively peripheral geographic region, living roughly four hundred years apart, cannot fairly be used to represent the swathe of Islamic views to be found over fourteen hundred years in lands as far-flung as India to the east, Russia to the north, and southern Africa to the south.

What does the tradition actually say?

Let me briefly illustrate the diversity of opinion on this issue within the Islamic tradition by citing several more prominent and more influential figures from the same tradition alongside their very different stances on the issue of how one ought to respond to tyrannical rulers. Most of the Four Imams are in fact reported to have supported rebellion (khuruj) which is, by definition, armed. A good summary of their positions is found in the excellent study in Arabic by Shaykh ‘Abdullah al-Dumayji, who is himself opposed to rebellion, but who notes that outright rebellion against tyrannical rule was in fact encouraged by Abu Hanifa (d. 150/767) and Malik (d. 179/795), and is narrated as one of the legal positions adopted by al-Shafi‘i (d. 204/820) and Ahmad b. Hanbal (d. 241/855). As these scholars’ legal ideas developed and matured into schools of thought, many later adherents also maintained similar positions to those attributed to the founders of these schools. To avoid suggesting that armed rebellion against tyrants was the dominant position of the later Islamic tradition, let me preface this section with a note from Holberg Prize-winning Islamic historian, Michael Cook, who notes in his magisterial study of the doctrine of commanding right and forbidding wrong that “in the face of the delinquency of the ruler, there is a clear mainstream position [in the Islamic tradition]: rebuke is endorsed while [armed] rebellion is rejected.”

But there were also clearly plenty of outliers, or more qualified endorsements of rebellion against tyrants, as well as the frequent disavowal of the obligation to render them any obedience. Thus for the Malikis, one can find Qadi Abu Bakr b. al-‘Arabi (d. 543/1148) who asserts that advocating rebellion against tyrants is the main position of the madhhab; similarly among later Hanafis, one finds  Abu Bakr Al Jassas (d. 370/981); for the Hanbalis, one may cite the positions of the prolific scholars Imam Ibn ‘Aqil (d. 513/1119), Ibn al-Jawzi (d. 597/1201), and in a more qualified sense, Ibn Rajab al-Hanbali. Among later Shafi‘is, I have found less explicit discussions of rebellion in my limited search, but a prominent Shafi‘i like the influential exegete and theologian al-Fakhr al-Razi (d. 606/1210) makes explicit, contrary to Shaykh Hamza’s claims, that not only is obeying rulers not an obligation, in fact “most of the time it is prohibited, since they command to nothing but tyranny.” This is similar in ways to the stance of other great Shafi‘is such as Ibn Hajar al-‘Asqalani who notes concerning tyrannical rulers (umara’ al-jawr) that the ulama state that “if it is possible to depose them without fitna and oppression, it is an obligation to do so. Otherwise, it is obligatory to be patient.” It is worth noting that the normative influence of such a statement cited by Ibn Hajar transcends the Shafi‘i school given that it is made in his influential commentary on Sahih al-Bukhari. Once again, contrary to the assertions of Shaykh Hamza, there is nothing to suggest that any of the illustrious scholars who supported rebellion against tyrannical rulers was advocating the anarchist removal of all government. Rather they were explicitly advocating the replacement of a tyrant with a just ruler where this was possible.

Al-Ghazzali on confronting tyrants

A final example may be taken from the writing of Imam al-Ghazzali, an exceptionally influential scholar in the Islamic tradition who Shaykh Hamza particularly admires. On al-Ghazzali, who is generally opposed to rebellion but not other forms of opposition to tyranny, I would like to once again cite the historian Michael Cook. In his previously cited work, after an extensive discussion of al-Ghazzali’s articulation of the doctrine of commanding right and forbidding wrong, Cook concludes (p. 456):

As we have seen, his views on this subject are marked by a certain flirtation with radicalism. In this Ghazzālī may have owed something to his teacher Juwaynī, and he may also have been reacting to the Ḥanafī chauvinism of the Seljūq rulers of his day. The duty, of course, extends to everyone, not just rulers and scholars. More remarkably, he is prepared to allow individual subjects to have recourse to weapons where necessary, and even to sanction the formation of armed bands to implement the duty without the permission of the ruler. And while there is no question of countenancing rebellion, Ghazzālī is no accommodationist: he displays great enthusiasm for men who take their lives in their hands and rebuke unjust rulers in harsh and uncompromising language.

Most of the material Cook bases his discussion upon is taken from al-Ghazzali’s magnum opus, The Revival of the Religious Sciences. Such works once again demonstrate that the Islamic tradition, or great Sufi masters and their masterworks, cannot be the basis for the supportive attitude towards tyrannical rule on the part of a minority of modern scholars.

Modern discontinuities and their high stakes

But modern times give rise to certain changes that also merit our attention. In modern times, new technologies of governance, such as democracy, have gone some way to dealing with challenges such as the management of the transition of power without social breakdown and the loss of life, as well as other forms of accountability that are not possible in absolute autocracies. For their part, absolute autocracies have had their tyrannical dimensions amplified with Orwellian technologies that invade private spaces and facilitate barbaric forms of torture and inhumane degradation on a scale that was likely unimaginable to premodern scholars. The stakes of a scholar’s decision of whether to support autocracy or democracy could not be higher.

Modern scholars like Shaykh Yusuf al-Qaradawi (b. 1345/1926), someone who Shaykh Hamza’s own mentor, Shaykh Abdullah b. Bayyah (b. 1353f./1935) considered a teacher until fairly recently, has advocated for an Islamic conception of democracy as a possible means to deal with the problem of tyranny that plagues much of the Muslim world. He is hardly the only scholar to do so. And in contrast with some of the scholars of the past who advocated armed rebellion in response to tyranny, most contemporary scholars supporting the Arab revolutions have argued for peaceful political change wherever possible. They have advocated for peaceful protest in opposition to tyranny. Where this devolved into violence in places like Libya, Syria, and Yemen, this was generally because of the disproportionately violent responses of regimes to peaceful protests.

Shaykh Hamza on the nature of government

For Shaykh Hamza, the fault here appears to lie with the peaceful protestors for provoking these governments to crush them. Such a conception of the dynamics of protest appears to assume that the autocratic governmental response to this is a natural law akin to cause and effect. The logic would seem to be: if one peacefully calls for reform and one is murdered in cold blood by a tyrannical government, then one has only oneself to blame. Governments, according to this viewpoint, have no choice but to be murderous and tyrannical. But in an age in which nearly half of the world’s governments are democracies, however flawed at times, why not aspire to greater accountability and less violent forms of governance than outright military dictatorship?

Rather than ask this question, Shaykh Hamza Yusuf appears to be willing to defend autocracy no matter what they do on the grounds that government, in principle, is what is at stake. Indeed, in defending government as necessary and a blessing, he rhetorically challenges his critics to “ask the people of Libya whether government is a blessing; ask the people of Yemen whether government is a blessing; ask the people of Syria whether government is a blessing?” The tragic irony of such statements is that these countries have, in part, been destroyed because of the interventions of a government, one for which Shaykh Hamza serves as an official, namely the UAE. This government has one of the most aggressive foreign policies in the region and has been instrumental in the failure of representative governments and the survival of tyrannical regimes throughout the Middle East.

Where do we go from here?

In summary, Shaykh Hamza’s critics are not concerned that he is “supporting governments,” rather they are concerned that for the last few years, he has found himself supporting bad government and effectively opposing the potential for good government in a region that is desperately in need of it. And while he may view himself as, in fact, supporting stability in the region by supporting the UAE, such a view is difficult if not impossible to reconcile with the evidence. Given his working relationship with the UAE government, perhaps Shaykh Hamza could use his position to remind the UAE of the blessing of government in an effort to stop them from destroying the governments in the region through proxy wars that result in death on an epic scale. If he is unable to do this, then the most honourable thing to do under such circumstances would be to withdraw from such political affiliations and use all of his influence and abilities to call for genuine accountability in the region in the same way that he is currently using his influence and abilities to provide cover, even if unwittingly, for the UAE’s oppression.

And Allah knows best.

The post Shaykh Hamza Yusuf And The Question of Rebellion In The Islamic Tradition appeared first on MuslimMatters.org.

Raising A Child Between Ages 2-7 | Dr Hatem Al Haj

15 September, 2019 - 05:22

This is called a pre-operational period by Jean Piaget who was focused on cognitive development.

Children this age have difficulty reconciling between different dimensions or seemingly contradictory concepts. One dimension will dominate and the other will be ignored. This applies in the physical and abstract realms. For example, the water in the longer cup must be more than that in the shorter one, no matter how wide each cup is. Length dominates over width in his/her mind.

Throughout most of this stage, a child’s thinking is self-centered (egocentric). This is why preschool children have a problem with sharing.

In this stage, language develops very quickly, and by two years of age, kids should be combining words, and by three years, they should be speaking in sentences.

Erik Erikson, who looked at development from a social perspective, felt that the child finishes the period of autonomy vs. shame by 3 years of age and moves on to the period of initiative vs. guilt which will dominate the psycho-social development until age 6. In this period, children assert themselves as leaders and initiative takers. They plan and initiate activities with others. If encouraged, they will become leaders and initiative takers.

Based on the above, here are some recommendations:

In this stage, faith would be more caught than taught and felt than understood. The serene, compassionate home environment and the warm and welcoming masjid environment are vital.

Recognition through association: The best way of raising your kid’s love of Allah and His Messenger ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) is by association. If you buy him ice cream, take the opportunity to tell them it is Allah who provided for you; the same applies to seeing a beautiful rose that s/he likes, tell them it is Allah who made it. Tell them stories about Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him). Statements like: “Prophet Muhammad was kinder to kids than all of us”; “Prophet Muhammad was kind to animals”; ” Prophet Muhammad loved sweets”; ” Prophet Muhammad helped the weak and old,” etc. will increase your child’s love for our most beloved ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him).

Faith through affiliation: The child will think, “This is what WE do, and how WE pray, and where WE go for worship.” In other words, it is a time of connecting with a religious fraternity, which is why the more positive the child’s interactions with that fraternity are, the more attached to it and its faith he/she will become.

Teach these 2-7 kids in simple terms. You may be able to firmly insert in them non-controversial concepts of right and wrong (categorical imperatives) in simple one-dimensional language. Smoking is ḥarâm. No opinions. NO NUANCES. No “even though.” They ate not ready yet for “in them is great sin and [yet, some] benefit for people.”

Promote their language development by speaking to them a lot and reading them books, particularly such books that provoke curiosity and open discussions to enhance their expressive language. Encourage them to be bilingual as learning two languages at once does not harm a child’s cognitive abilities, rather it enhances them.

This is despite an initial stage of confusion and mixing that will resolve by 24 to 30 months of age. By 36 months of age, they will be fluent bilingual speakers. Introduce Islamic vocabulary, such as Allah, Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), masjid, Muslim, brothers, salaat, in-sha’a-Allah, al-Hamdulillah, subhana-Allah, etc. (Don’t underestimate the effect of language; it does a lot more than simply denoting and identifying things.)

In this pre-operational period, their ability of understanding problem solving and analysis is limited. They can memorize though. However, the focus on memorization should still be moderate. The better age for finishing the memorization of the Quran is 10-15.

Use illustrated books and field trips.

Encourage creativity and initiative-taking but set reasonable limits for their safety. They should also realize that their freedom is not without limits.

Between 3-6 years, kids have a focus on their private parts, according to Freud. Don’t get frustrated; tell them gently it is not appropriate to touch them in public.

Don’t get frustrated with their selfishness; help them gently to overcome this tendency, which is part of this stage.

Parenting: Raising a Child from Age 0 to 2 | Dr. Hatem Al Haj

The post Raising A Child Between Ages 2-7 | Dr Hatem Al Haj appeared first on MuslimMatters.org.

Reflection On The Legacy of Mufti Umer Esmail | Imam Azhar Subedar

10 September, 2019 - 02:42

“An ocean of knowledge which once resided on the seabed of humbleness has now submerged below it, forever.”

“Why didn’t you tell me!! You call me your younger brother, but you couldn’t even tell me you were ailing?!”

I could’ve called you or visited you so I could apologize for all the pain I caused you; thank you for all the good you did for me throughout my life despite all that pain. if nothing else, just so I could say goodbye to you.”

(My selfish mind continued to cry out as I stood in front of his grave— praying.)

As I sat down to compile my thoughts, upon returning home, I put my feelings of loss aside and tried to analyze your decision of not informing me about your illness from a different perspective.

Possibly, your own.

Why would you tell me?

This was just like you. You never wanted to hurt a soul; forget about making them worry about you, augmenting their own worries. For you were the sponge for our worries, the shock absorber of our concerns, and the solid wall that shouldered the pain of those around him.

You weren’t just a big brother, my big brother, you were a true human. A lesson on humanity.

You were always there for me.

“I GOT A QUESTION” sent at 2 AM.

“Sure” was your response.

We spoke for over 40 min.

That night.

Your strength reflected my weakness- always urging me to do better, be more like you.

I was told you were in hospital by a close family member early Friday morning before Jummah prayers. I was supposed to call you. That was my responsibility. However, the preparation of the Friday Sermon was my excuse not to do so.

As I exited from delivering the Friday services, I received a message from you, the one who was spending the last days of his life in a hospital, never to be seen outside of the confines of those walls ever again.

That message you wrote- you knew me so well.

“As-salaam alaikum, I thought you were already American?”

(You were catching up with me as I had become an American citizen the day before. You wanted to congratulate me, without complaining to me.)

“I heard you are in the hospital?! How are you? What’s going on?” I asked immediately.

“Getting some treatment done. Mubarak on your American citizenship” was your response.

Diversion. A stubborn man with a heart of gold. You wanted to celebrate people even at the cost of your own life.

Your last words to me were digital, even though your connection with me spans a lifetime. As much as I wish I had heard your voice one last time, I try to find the beauty in that communication too as I can save and cherish those last words.

We grew up together in Canada in the ’80s- Mufti Umer and I. Our fathers were tight- childhood buddies. He ended up becoming the inspiration for my family to trek towards a path devoted to Islam, beginning with my brother and then myself.

He was my support from the time when I came to England to study at the Dar Al Uloom and wanted to call it quits and go home, to when he hosted me when I visited him in Austin in 2002, all the way till 2019, after I was married and settled with kids he loved like his own.

He visited us here in Dallas and had met them in his unique way of showering them with love. And why wouldn’t he? My wife and I are here under one roof all because of his earnest desire to help people.

He introduced us to each other.

“I want you to marry my younger brother.” A message he sent to my wife over 17 years ago.

She was his student. He was her mentor, support beam, confidante, and best friend. (Well, we all feel like he was our best friend, only because he truly was.)

I am sharing my life story not only because he was an integral part of it, but throughout (he was also a major part of my wife’s life when she really needed him) but because that final text message wrapped it all up- the gift that he was to me and my family. It showed how much he was invested in us as individuals, as a couple, and as a family.

That message wrote:

“I thought you’ve been a citizen since marriage.”

(FRIDAY, AUGUST 30TH @ 3: 07 PM)

This is just my story featuring Mufti Umer Ismail.

I am confident that there are thousands more out there without exaggeration.

I’ll conclude with a word he corrected for me as I misspelled it on my Facebook page a few months ago when Molana Haaris Mirza, a dear colleague, passed away in New York. He didn’t do it publicly, he did it through that same Facebook text messenger that kept us in touch- with love and sincere care for me in his heart.

“As-salaam alaikum the word is Godspeed. Sorry for being [a] grammar freak.”

(MARCH 28TH, 2019 @6: 04 PM)

Godspeed, my dear brother. Godspeed.

Azhar Subedar

imamAzhar.com

The post Reflection On The Legacy of Mufti Umer Esmail | Imam Azhar Subedar appeared first on MuslimMatters.org.

Advice To Students Starting A New School Year

9 September, 2019 - 05:43

I remember driving to college orientation over the summer with my father, may Allah have mercy on him. I was going to be going to school out of state, and at the age of eighteen, this was the first time that I would be living away from home. 

We talked about a lot of things, and nothing in particular but one of the stories he shared stayed with me. There was an Imam who had a close circle of students and one of them became absent for an extended period. Upon that student’s return, the Imam asked him where he had been, to which the student replied, 

“Egypt!” The imam said to him, “well how was Egypt!” 

The student replied, “Egypt is where knowledge resides.” 

The Imam responded, “You’ve spoken the truth.” 

Sometime later, the imam had another student who also was absent and upon his return, the Imam asked him where he had gone to which the student replied, “Egypt!” The imam said to him, “Well, how was Egypt?”

The student said, “Egypt is nothing but amusement and play!” 

The Imam responded, ‘You’ve spoken the truth!” 

There were students who had witnessed both conversations and asked the Imam later why he had borne witness to the truth of two antithetical statements to which the imam replied,

“They both found what they were looking for.” 

I got the message. University could be a place of incredible learning, engagement with ideas, and can push you and challenge you in the best of ways. It can also be a non-stop party. A blur of heedlessness and hedonism that will bring about remorse and regret for that individual in the Dunya and Akhira. 

I think back to that car ride fondly, and I appreciate the predicament of parting advice. A person who will be bidding farewell to someone so dear to them and wanting to give them something powerful that they can hold onto or wisdom that will guide them. Many students in the past weeks have been receiving similar parting advice from their families, and so in this article I wanted to share one of the advice of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) that he gave to a companion that he loved so much. 

عَنْ أَبِي ذَرٍّ جُنْدَبِ بْنِ جُنَادَةَ، وَأَبِي عَبْدِ الرَّحْمَنِ مُعَاذِ بْنِ جَبَلٍ رَضِيَ اللَّهُ عَنْهُمَا، عَنْ رَسُولِ اللَّهِ صلى الله عليه و سلم قَالَ: “اتَّقِ اللَّهَ حَيْثُمَا كُنْت، وَأَتْبِعْ السَّيِّئَةَ الْحَسَنَةَ تَمْحُهَا، وَخَالِقْ النَّاسَ بِخُلُقٍ حَسَنٍ” . 

رَوَاهُ التِّرْمِذِيُّ [رقم:1987] وَقَالَ: حَدِيثٌ حَسَنٌ، وَفِي بَعْضِ النُّسَخِ: حَسَنٌ صَحِيحٌ. 

On the authority of Abu Dharr Jundub ibn Junadah, and Abu Abdur-Rahman Muadh bin Jabal (may Allah be pleased with him), that the Messenger of Allah (peace and blessings of Allah be upon him) said

“Have Taqwa of Allah wherever you are, and follow a bad deed with a good deed it will erase it, and treat people with good character.” (Tirmidhi)

The advice is comprised of three components

  1. Fear Allah wherever you are 
  2. Follow a bad deed with a good deed it will erase it 
  3. Treat people with good character 
Have Taqwa of Allah wherever you are 

Taqwa is the crown of the believer. And it is the best thing that a person can carry with them on the journey of this life, and the journey to meet their Lord. Allah says, 

“And take provision, and the best provision is Taqwa.” 

عَنْ أَبِي هُرَيْرَةَ، قَالَ سُئِلَ رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ أَكْثَرِ مَا يُدْخِلُ النَّاسَ الْجَنَّةَ فَقَالَ ‏”‏ تَقْوَى اللَّهِ وَحُسْنُ الْخُلُقِ ‏”‏ ‏

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) was asked as to what admits people into Paradise the most and he said, “Taqwa and good character.” (Tirmidhi) 

And so what is Taqwa?

Talq ibn Habeeb gave a beautiful definition and description of Taqwa when he said, 

“Taqwa is to act in obedience to Allah, upon a light from Allah, seeking the reward of Allah. And it is to avoid the disobedience of Allah, upon a light from Allah, fearing the punishment of Allah.” 

And so he describes taqwa as having three components; the action, the source for that action, and the motivation for that action.”

To act in the obedience of Allah..

To do the things that Allah commands you to do and to stay away from what Allah prohibits you from doing 

Upon a light from Allah..

The source for the action or inaction must come from revelation, a light from Allah. And this should stir us to seek knowledge so that our actions are onem guided by a light from Allah. You’ve made it to University, you are bright, gifted, intelligent and committed to education.  Do not let be the one thing that you remain uneducated about be your religion. 

Allah subḥānahu wa ta'āla (glorified and exalted be He) says, 

يَعْلَمُونَ ظَاهِراً مِّنَ ٱلْحَيَاةِ ٱلدُّنْيَا وَهُمْ عَنِ ٱلآخِرَةِ هُمْ غَافِلُونَ

They know what is apparent of the worldly life, but they, of the Hereafter, are unaware. (Al-Room v. 7)  

The prophet (S) said, “Allah hates every expert in the Dunya who is ignorant of the hereafter.” (Saheeh Al-Jaami’)

Make sure that you carve out time to attend halaqas on campus, seek out teachers and mentors who will guide you in learning about your religion even as you are pursuing your secular studies..

Seeking the reward of Allah..

The third component of Taqwa is the motivation:  that these actions that are being performed and that are sourced authentically in revelation must be performed for the sake of Allah, seeking His reward, and not for any other audience. That they not be done for shares, or likes or retweets. That a person does what they do of worship, that they abstain from what they abstain from of sin, seeking the reward of Allah and fearing His punishment. 

Fear Allah wherever you are..

Meaning in public and in private, online or offline, and when in the company of the righteous as well as when in the company of the wicked, in all circumstances a person must be mindful of the presence of Allah..

 عَنْ ثَوْبَانَ عَنِ النَّبِيِّ صلى الله عليه وسلم أَنَّهُ قَالَ : ( لأَعْلَمَنَّ أَقْوَامًا مِنْ أُمَّتِي يَأْتُونَ يَوْمَ الْقِيَامَةِ بِحَسَنَاتٍ أَمْثَالِ جِبَالِ تِهَامَةَ بِيضًا فَيَجْعَلُهَا اللَّهُ عَزَّ وَجَلَّ هَبَاءً مَنْثُورًا ) قَالَ ثَوْبَانُ : يَا رَسُولَ اللَّهِ صِفْهُمْ لَنَا ، جَلِّهِمْ لَنَا أَنْ لاَ نَكُونَ مِنْهُمْ وَنَحْنُ لاَ نَعْلَمُ ، قَالَ : ( أَمَا إِنَّهُمْ إِخْوَانُكُمْ وَمِنْ جِلْدَتِكُمْ وَيَأْخُذُونَ مِنَ اللَّيْلِ كَمَا تَأْخُذُونَ وَلَكِنَّهُمْ أَقْوَامٌ إِذَا خَلَوْا بِمَحَارِمِ اللَّهِ انْتَهَكُوهَا

It was narrated from Thawban that the Prophet ﷺ said:

“I certainly know people of my nation who will come on the Day of Resurrection with good deeds like the mountains of Tihaamah, but Allah will make them like scattered dust.” Thawban said: “O Messenger of Allah, describe them to us and tell us more, so that we will not become of them unknowingly.” He said: “They are your brothers and from your race, worshipping at night as you do, but they are people who, when they are alone with what Allah has prohibited, they violate it.” 

This hadeeth is a warning for the person who is quick, eager and ready to violate the limits of Allah as soon as the door is locked, or the curtains or drawn, or as soon as they have arrived in a new place where no one knows them. We will sin, but let our sins be sins of weakness or lapses of taqwa and not sins of predetermination and design. There is a big difference between someone who sins in a moment’s temptation and the one who is planning to sin for hours, days or weeks! 

And follow a good deed with a bad deed it will erase it..

When we fall, as we must inevitably due to our being human, the prophet (S) instructed us to follow a sin with a good deed to erase it. 

Commit a sin, give charity. 

Commit a sin, perform wudhu as beautifully as you can and pray two rak’ahs. 

Commit a sin, seek Allah’s forgiveness and repent…

Our sins should not suffocate us from doing good deeds, they should fuel us to doing good deeds. 

Allah says,

وَأَقِمِ ٱلصَّلاَةَ طَرَفَيِ ٱلنَّهَارِ وَزُلَفاً مِّنَ ٱلَّيْلِ إِنَّ ٱلْحَسَنَاتِ يُذْهِبْنَ ٱلسَّـيِّئَاتِ ذٰلِكَ ذِكْرَىٰ لِلذَّاكِرِينَ

And establish prayer at the two ends of the day and at the approach of the night. Indeed, good deeds do away with misdeeds. That is a reminder for those who remember. (Surat Hood v. 114) 

A man from the Ansar was alone with a woman and he did everything with her short of fornication. In remorse, he went to the prophet (S) and confessed to him. Umar said to the man, “Allah had concealed your sins, why didn’t you conceal it yourself!” The prophet (S) however was silent.

The man eventually left and the prophet (S) had a messenger go to him to recite the aforementioned verse.  A man said, “Oh Messenger of Allah is it for him alone?”

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “No for all people.” 

And so for all people, sin plus good deed equals the sin is erased. That is a formula to be inscribed in our hearts for the rest of our lives.

Al-Hassan Al-Basri, the master preacher of the Tabi’een was asked,

“Should one of us not be ashamed of our Lord, we seek forgiveness from our Lord and then return to sin, and then seek forgiveness and then return!” 

He said,

“Shaytan would love to conquer you with that (notion), do not grow tired of seeking forgiveness”

But know that these sins that are erased by good deeds are the minor sins, as for the major sins they require repentance for the many verses in which Allah threatens punishment for those who commit major sins if they do not repent, and so repentance is a condition for the erasing of the effect of major sins. 

And treat people with good character 

And if Taqwa is the crown of the believer, then good character is the crown of Taqwa, for many people think that taqwa is to fulfill the rights of Allah without fulfilling the rights of His creation! The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) in many hadith highlights the lofty stations that a believer attains with good character, for example: 

عَنْ عَائِشَةَ، رَحِمَهَا اللَّهُ قَالَتْ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ ‏ “‏ إِنَّ الْمُؤْمِنَ لَيُدْرِكُ بِحُسْنِ خُلُقِهِ دَرَجَةَ الصَّائِمِ الْقَائِمِ

The Messenger of Allah ﷺ said: By his good character a believer will attain the degree of one who prays during the night and fasts during the day. (Tirmidhi)

عَنْ أَبِي الدَّرْدَاءِ، قَالَ سَمِعْتُ النَّبِيَّ صلى الله عليه وسلم يَقُولُ ‏ “‏ مَا مِنْ شَيْءٍ يُوضَعُ فِي الْمِيزَانِ أَثْقَلُ مِنْ حُسْنِ الْخُلُقِ وَإِنَّ صَاحِبَ حُسْنِ الْخُلُقِ لَيَبْلُغُ بِهِ دَرَجَةَ صَاحِبِ الصَّوْمِ وَالصَّلاَةِ 

Abu Ad-Darda narrated that the Messenger of Allah  ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him)said:

“Nothing is placed on the Scale that is heavier than good character. Indeed the person with good character will have attained the rank of the person of fasting and prayer.” (Tirmidhi)

Let no one beat you to the taqwa of Allah and let no one beat you to beautiful character. 

You’ve come of age at a time in which the majority of our interactions are online, and in that world harshness and cruelty are low hanging fruit seemingly devoid of consequences. 

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “Whoever lives in the deserts becomes harsh.” (Abu Dawood) 

And social media is a desert, it is an experience where we are all alone, together. 

So choose gentleness over harshness, choose forgiveness over vindictiveness, choose truth over falsehood and protect people from your harm. 

For the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “I am a guarantor of a house in the highest part of Jannah for whoever makes their character good.” 

May Allah make us from them. 

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The Passing Of A Mentor: Shaykh Mufti Mohamed Umer Esmail

6 September, 2019 - 05:07

The past couple days I haven’t been able to write, thinking and reflecting over the passing of a great man, a mentor, someone I consider among the people that helped me become who I am. He was the Imam of Austin, a man who dedicated 18 years of his life to the community I grew up in and spent a good portion of my young adult life, Austin, Texas.

It’s an understatement to say that his passing was a shock to us all. A young 45-year-old, who left behind a loving wife and three daughters. It sent a powerful moment of reflection to us all. God loves those who work for His Sake and as our Beloved Prophet (peace be on him) has said that God said,

“… I do not hesitate about anything as much as I hesitate about taking the soul of My faithful servant: he hates death and I hate hurting him.” (Bukhari)

There is no doubt that Sh Umer Esmail was one of those faithful servants of God. A pillar in the community in his work. Someone that worked at every level and left a mark in the lives of people. He was involved in all aspects of our lives; he was there for the baby showers (aqiqahs) celebrating life, gatherings where one of our young finish reading the Quran for the first time (khatm), he was there for when we married; he conducted the nikah (wedding ceremony) of my own sister, he welcomed us to faith when one of us accepted Islam, he was the counselor when there were marital problems, he listened to the struggles of thousands and imparted the blessing of Prophetic wisdom to all walks of life, and he was there in sickness & in passing of the members of our community in their final moments and prayed over them in their funeral.

Now we have prayed over his. Thousands came to his janazah.

Mufti Umer Islamil Janazah

Moments of loss allow us all to really reflect over the impact we have left in life. Everyone remembers in sadness the person who we lost and the impact they made in their life. For me it was no different. I remember Shaykh Umer’s soft voice and calm tone. He had a soothing presence that would render you calm no matter what you were going through. His advice had helped countless university students and others going through things from crisis of faith to personal struggle or in need of advice. He taught with compassion.

One thing that struck me almost immediately, how dedicated he was to his family and his community. He taught that true impact was being in the service of people in what is tangible. Shaykh Umer was an embodiment of that.

He wasn’t involved in the non-issues of social media or the issues of matters that come and go. He was a hallmark of positivity in people’s lives and lived the Prophetic calling, servitude to God and service to creation.

I was reading over our exchanges in messages over the years remembering fondly moments with him. I remembered his soft tone in his sermons, and sometimes his humor where he literally enacted in an Eid khutbah the impact of superheroes but left us with powerful wisdom at the end. The lesson of empowering and being superheroes for others. I remembered when I went to Madinah to study, how happy he was for me. He would always remind me of the responsibility to the community. Knowledge must be imparted to those closest to you first, he would say. He would keep in contact with me and in his humility would ask me questions to ask my teachers for him.

Dec 4, 2011 he said, “As salam Alaikum, I make dua your studies are doing fine. I was wondering if you could ask your (teachers) …”

He kept a secret once when my wife and I planned to come to town to completely surprise my mother and father for my sister’s marriage nikah ceremony.

He wrote “I’ll keep hush about it. Mubarak to your and your family… let me know if you want to perform the marriage. The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) did his daughter’s nikah, big bro doing little sis’s nikah.”

I responded, “I think [the] best thing to ask my family iA once I see them, I’ll talk to them about it. You are our Imam, after all, Sh Umer : )”

Every time I visited Austin, he would always insist and invite me to give the sermon and conduct classes. He was a scholar who understood that we all work together in one service to the community.

He was a silent giant that many did not know. He had not only memorized the Quran but taught the different recitations of the Quran (the qira’at) for over a decade. On Seekers Guidance, he was a specialist in financial transactions in Islam and studied with some of the most prolific scholars of our time, ie. Mufti Taqi Usmani and others.

All in all, that one lesson just rings in my heart and soul: his mark and legacy was in the lives he touched and in his dedication to a community. In an increasingly digital world where our relationships are even increasingly becoming digital, he lived and imparted that the real, lived experiences we have are what matter the most. With your family first, your community, and those around you. Shaykh Umer touched our lives because he was present and invested in these relationships.

If one can summarize his life’s work it was the example of our Beloved Prophet peace be on him lived by, a mercy to mankind, and as he said,

“Indeed, God did not send me to be harsh or to turn people away, rather he sent me to teach and bring ease.” (Muslim). The gentle and humble teacher, whose presence gave ease.

He wrote to me last month informing me that he would be coming on the minor pilgrimage (Umrah) this December. We consider this an honor and invitation from God to walk in the footsteps of the prophets and Prophet Abraham to the Sacred House that is a mark of the servitude of God. As a friend said, little did we know that “he went to meet Allah in a different way.”

Imam Al Ghazali quotes in his Ihya, Imam Ali (may God be pleased with him) said once,

“The collectors and keepers of wealth have died even though they’re alive, but the scholars live on and remain so long as time is in existence.”

Shaykh Umer will forever live in our hearts and Insha Allah, God willing, in our prayers. It is no surprise that our Prophet said that scholars are the inheritors of Prophets and that the best of people are those that teach good to others, the best that we can leave behind is the knowledge that carries on.

Shaykh Umer remains in our lives because of all of this. May his legacy remain and may we live up to that legacy to carry it on. May God have mercy on him. May his family be blessed, protected, and reunite with him in the highest levels of Paradise.

I could not help as I read his messages except to respond. I know he won’t be able to read it in this life, but we believe that our actions in this life make a mark in the next. I hope I can tell him when I see him what I wrote to him after he had passed, “I love you Shaykh Umer. May these exchanges witness for us on the Day of Judgment. May we be united with our beloved Prophet peace be on him with our families hoping to be gathered as having served Allah’s faith.”

Please donate to the fund for his family:
https://www.facebook.com/donate/1016962988662732/10219028206712024/

Hasib
Muharram 1441/September 2019

The post The Passing Of A Mentor: Shaykh Mufti Mohamed Umer Esmail appeared first on MuslimMatters.org.

Can Women Attend The Burial Of The Deceased?

5 September, 2019 - 13:23

A few weeks ago, my brother passed away, may Allah have mercy on his soul. By Allah’s grace, his funeral was well-attended by many friends, relatives, and students of his, including a number of women. In this context, someone asked me about the Sharia’s guidance regarding women attending the burial of the deceased, and in what follows I consider what leading scholars and the four schools of law (madhhabs) have to say on the issue. The short survey below is by no means exhaustive, something that will need to be left for a much longer piece, but I hope it can be considered representative for the purposes of a general readership. 

This is not a fatwa, but rather a brief outline of what past scholars have argued to be the case with some suggestions as to how this might be understood in modern times. Finally, I should note that this is a discussion about accompanying the deceased to their final resting place (ittiba‘/tashyi‘ al-jinaza) after the conducting of funeral prayers (salat al-janaza). Accompanying the deceased on the part of women is considered more contentious than simply attending the funeral prayer, so in general, jurists who permit such accompaniment would allow for attending the prayer, while jurists who do not permit accompaniment of the deceased may be more reluctant to permit prayer. Whatever the specific cases may be, I do not go into this discussion below.

Key positions and evidence

In brief, I have been able to discern three general positions regarding women accompanying the deceased until they are buried: 1. A clear majority of scholars indicate that women are permitted to attend the burial of the deceased, but it is generally discouraged (makruh). 2. Some scholars permitted elderly women’s attendance of the burial unconditionally. 3. Others prohibited all women’s attendance unconditionally.

Overall, it is clear that most schools have permitted women’s attendance of burial, with most of these scholars discouraging it for reasons we shall consider below. The notion that women should not attend the burial of the deceased will thus clearly be shown to be a minority position in the tradition, past and present. Being a minority position does not mean it cannot be practiced, as we will consider in due course. The evidence from the Sunnah is the main legal basis for the ruling, and I shall now consider the most authentic hadiths on the matter.

The general rule for legal commands is that they apply to both genders equally. Accordingly, in a hadith narrated by Bukhari and Muslim, the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) strongly encouraged attending the burial of the deceased. That the ruling for women would be one of discouragement (karaha) rather than of encouragement (istihbab) would thus necessarily arise from countervailing evidence. This may be found in another hadith narrated by both of the earlier authorities. This short hadith is worth quoting in full: 

(‏متفق عليه‏) قالت أم عطية: نهينا عن اتباع الجنائز، ولم يعزم علينا

In translation, this reads: Umm ‘Atiyya said, “We were prohibited from following the funeral procession, but it was not insisted upon.”

Interpreting the evidence

The Sharia’s ruling on this matter hinges on how this hadith is understood. On this point, scholars of various schools have adopted a range of positions as outlined earlier. But on the specifics of how the wording of the hadith should be understood, it is worth considering the reading of one of the towering figures of hadith studies, Ibn Hajar al-‘Asqalani (d. 852/1449). In his authoritative commentary on Sahih al-Bukhari entitled Fath al-Bari, he glosses the phrase in the aforementioned hadith “but it was not insisted upon” as meaning, “the prohibition was not insisted upon.” He adds: “It is as though she is saying: ‘it was discouraged for us to follow the funeral procession, without it being prohibited.’”

The hadith has, however, been interpreted in various ways by the schools of law. A useful summary of these interpretations may be found in encyclopedic works of fiqh written in recent decades. In his al-Fiqh al-Islami wa-Adillatuhu, the prolific Syrian scholar Wahba al-Zuhayli (d. 1436/2015) notes (on p. 518) that the majority of jurists consider women’s joining the funeral procession to be mildly discouraged (makruh tanzihi) on the basis of the aforementioned hadith of Umm ‘Atiyya. However, he adds, the Hanafis have historically considered it prohibitively discouraged (makruh tahrimi) on the basis of another hadith in which the Prophet reportedly told a group of women who were awaiting a funeral procession, “Return with sins and without reward.”

Al-Zuhayli inclines towards this ruling despite noting in a footnote that the hadith he has just mentioned is weak (da‘if) in its attribution to the Prophet. However, he also adds that the Malikis permitted elderly women to attend the burial of the deceased unconditionally, and also young women from whom no fitna was feared. What constitutes fitna is not generally specified in these discussions and perhaps needs further study, but one contemporary Hanafi defines it as “intermingling with the opposite sex,” and thus suggests that where there is no such intermingling between members of the opposite sex, it is permissible for young women to attend funerals and burials.

Another valuable encyclopedic source for learning about the juristic rulings of various schools and individual scholars is the important 45-volume al-Mawsu‘a al-Fiqhiyya compiled by a team of scholars and published by the Kuwaiti Ministry of Endowments a quarter of a century ago. In its section on this issue, it notes that the Hanafis prohibitively discourage women’s attendance of the funeral procession, the Shafi‘is mildly discourage it, the Malikis permit it where there is no fear of fitna, and the Hanbalis mildly discourage it. The reasoning behind these positions may be found in the Arabic original, and ought to be made available in English by Muslims in the West investing in translating such voluminous works into English. 

From the above, we may gather that of the four schools, only the pre-modern Hanafis prohibit women’s attendance of funeral processions. I have already indicated one example of a modern Hanafi who moves closer to the position of the less restrictive schools in this issue, but it is worth highlighting another. Shaykh Nur al-Din ‘Itr (b. 1355/1937), one of the greatest Hanafi hadith experts alive today, in his commentary on the hadith of Umm ‘Atiyya writes that the report indicates that women’s attending a funeral procession is only mildly discouraged (makruh tanzihi). Additionally, in a footnote, he criticises a contemporary who interprets the hadith as indicating prohibition and then proceeds to cite the less restrictive Maliki position with apparent approval.

The fiqh of modernity

In none of the above am I necessarily arguing that one of these positions is stronger than the other. I present these so that people may be familiar with the range of opinions on the matter in the Islamic tradition. However, this range also indicates the existence of legitimate difference of opinion that should prevent holders of one position from criticising those who follow one of the legitimate alternatives with the unfounded charge that they are not following the Qur’an and Sunna.

Furthermore, there are often interesting assumptions embedded in the premodern juristic tradition which modern Muslims find themselves out of step with, such as the assumption that women should generally stay at home. This is clearly an expectation in some of the fiqh literature, and in modern times, we sometimes find that this results in incoherent legal positions being advocated in Muslim communities. We find, for example, that in much of the premodern fiqh literature, Hanafis prohibit women from attending the mosque for fear of fitna, while we live in times in which women frequently work outside the home. As one of my teachers in fiqh, the Oxford-based Hanafi jurist Shaykh Mohammad Akram Nadwi, once remarked in class, is it not absurd for a scholar to prohibit women from attending the mosque for fear of fitna while none of these scholars would prohibit a woman from going to a mall/shopping centre?

This underlines the need for balanced fiqh that is suited to our times, one that allows both men and women to participate in spiritually elevated activities, such as going to the mosque and attending funerals while observing the appropriate Islamic decorum, so that the rest of their lives may be inspired by such actions. The answer to modernity’s generalised spiritual malaise is not the shutting out of opportunities for spiritual growth, but rather its opposite. This will only come about when Muslims, individually and communally, invest more of their energy in reflecting on how they can faithfully live according to the Qur’an and Sunna in contexts very different to those in which the ulama of past centuries resided.

And God knows best.

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Criticism, Accountability and the Exclusion of Quran and Sunnah – Critiquing Ahmed Sheikh’s Critique

1 September, 2019 - 17:37

Let me begin by making two things clear. First, this article is not seeking to defend the positions of any person nor is it related to the issue of CVE and what it means to the Muslim American community. I am in no way claiming that CVE is not controversial or harmful to the community nor am I suggesting that affiliations with governments are without concern.

Second, this paper is meant to critique the arguments made by the author that encourage holding Islamic scholars accountable. I encourage the reader not to think of this article as an attempt to defend an individual(s) but rather as an attempt to present an important issue through the framework of Islamic discourse – Quran, hadith supported by scholarly opinion. In that spirit, I would love to see articles providing other scholarly views that are contrary to this articles. The goal is to reach the position that is most pleasure to Allah and not the one that best fits our agenda, whims, or world views.

In this article I argue that Islamic scholars in America cannot effectively be held accountable, not because they are above accountability but because (1) accountability in Islam is based on law derived from Quran and hadith and this is the responsibility of Islamic experts not those ignorant of the Islamic sciences. And to be frank, this type of discourse is absent in Muslim America. (2) Muslim Americans have no standard code of law, conduct, or ethics that can be used to judge behavior and decisions of Muslim Americans. I do believe, however, that criticism should be allowed under certain conditions, as I will elaborate in the proceeding paragraphs.

To begin, the evidence used to support the concept of holding leaders accountable is the statement of Abu Bakr upon his appointment to office:

O people, I have been appointed over you, though I am not the best among you. If I do well, then help me; and if I act wrongly, then correct me.

This is a well-known statement of his, and without a doubt part of Islamic discourse applied by the pious companions. However, one should take notice of the context in which Abu Bakr made his statement. Specifically, who he was speaking to. The companions were a generation that embodied and practiced a pristine understanding of Islam and therefore, if anyone were to hold him accountable they would do it in the proper manner. It would be done with pure intentions that they seek to empower Abu Bakr with Quranic and Prophetic principles rather than attack him personally or with ill intentions.

Furthermore, their knowledge of the faith was sufficient to where they understood where and when the boundaries of Allah are transgressed, and therefore understood when he was accountable. However, when these facets of accountability are lost then the validity of accountability is lost as well.

To give an example, during the life of Abu Bakr, prior to appointing Omar (ra) as his successor he took the opinion of several companions. The prospect of Omar’s appointment upset some of the companions because of Omar’s stern character. These companions approached Abu Bakr and asked him “what will you tell Allah when he asks why you appointed the stern and severe (ie Omar).” Abu Bakr replied “I will tell Him that I appointed the best person on earth,” after which Abu Bakr angrily commanded them to turn their backs and leave his presence.

Fast forwarding to the life of Uthman, large groups of Muslims accused Uthman of changing the Sunnah of the Prophet in several manners. Part of this group felt the need to hold Uthman accountable and ended up sieging his home leading to his death. Now, when one researches what this group was criticizing Uthman for, you find that Uthman (ra) did make mistakes in applying the sunnah that even companions such as Ibn Mas’ood expressed concern and disagreement with. However, due to the lack of fiqh and knowledge, these Muslims felt that the actions of Uthman made him guilty of “crimes” against the sunnah and therefore he must be held accountable.

With this I make my first point. A distinction between criticism and accountability must be made. Ibn Mas’ood and others criticized Uthman but, since they were scholars, understood that although Uthman was mistaken his mistakes did not cross the boundaries of Allah, and therefore he was not guilty of anything and thus was not accountable.

Holding Muslim scholars accountable cannot be justified unless evidence from the Quran and hadith indicate transgression against Allah’s law. Thus, before the Muslim American community can call for the accountability of Dr. Jackson, Sheikh Hamza Yusuf, or others, an argument founded in Quran and Sunnah and supplicated by scholarly (classical scholars) research and books must be made.

It is simply against Islamic discourse to claim that a scholar is guilty of unethical decisions or affiliations simply because CVE is a plot against Muslims (as I will detail shortly). Rather, an argument must be made that shows how involvement with CVE is against Quran and sunnah. Again, I emphasize the difference between criticizing their decision because of the potential harms versus accusing them of transgressing Islamic principles.

To further elaborate this distinction I offer the following examples. First, Allah says in context of the battle of Badr and the decision to ransom the prisoners of war,

“It is not fit for a prophet that he should take captives until he has thoroughly subdued the land. You ˹believers˺ settled with the fleeting gains of this world, while Allah’s aim ˹for you˺ is the Hereafter. Allah is Almighty, All-Wise. Had it not been for a prior decree from Allah, you would have certainly been disciplined with a tremendous punishment for whatever ˹ransom˺ you have taken. Now enjoy what you have taken, for it is lawful and good. And be mindful of Allah. Surely Allah is All-Forgiving, Most Merciful.” (8:67-69)

In these verses Allah criticizes the decision taken by the Muslims but then states that ransom money was made permissible by Allah, and therefore they are not guilty of a punishable offense. In other words, Allah criticized their decision because it was a less than ideal choice but did not hold them accountable for their actions since it was permissible.

Another example is the well-known incident of Osama bin Zaid and his killing of the individual who proclaimed shahadah during battle. Despite this, Osama proceeded to slay him. Upon hearing of this the Prophet (s) criticized Osama and said, “did you see what is in his heart?”

Although Osama’s actions resulted in the death of a person the Prophet (s), did not hold Osama accountable for his actions and no punishment was implemented. Similarly, Khalid bin Waleed killed a group of people who accepted Islam accidentally and similarly, the Prophet (s) criticized Khalid but did not hold him accountable.

Why was there no accountability? Because the decisions of Osama and Khalid were based on reasonable – although incorrect – perspectives which falls under the mistake category of Islamic law “And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful” (33:5)

The previous examples, among others, are referred to in Islamic discourse as ta’weel (interpretation). There are many examples in the lives of the companions where decisions were made that lead to misapplications of Islam but were considered mistakes worthy of criticism but not crimes worthy of punishment or accountability.

Ta’weel, as Ibn Taymiyya states, is an aspect of Islam that requires deep understanding of the Islamic sciences. It is the grey area that becomes very difficult to navigate except by scholars as the Prophet (s) states in the hadith, “The halal is clear and the haram is clear and between them is a grey area which most people don’t know (ie the rulings for).”

Scholars have commented stating that the hadith does not negate knowledge of the grey entirely and that the scholars are the ones who know how to navigate that area. The problem arises when those ignorant of Islamic law attempt to navigate the grey area or criticize scholars attempting to navigate it.

Going back to Ibn Taymiyya -skip this part if you believe Ibn Taymiyya was a dancing bear- I would like to discuss his own views on associating oneself with oppressive rulers. In his book “Islamic Political Science” (As Siyaasa ash Shar’iah) he details the nuances of fiqh in regards to working with or for oppressive rulers.

It would be beneficial to quote the entire section, but for space sake I will be concise. Ibn Taymiyya argues that the issue of oppressive rulers should not be approached with a black and white mentality. Rather, one must inquire of the relationship between the person and the ruler.

One can legitimately adhere to the verse “And cooperate in righteousness and piety” (5:2) while working for an unjust ruler such as: “performing jihad, applying penal laws, protecting the rights of others, and giving those who deserve. This is in accordance to what Allah and His messenger have commanded and whoever refrains from those things out of fear of assisting the unjust then they have left an obligation under a false form of asceticism (wara’).”

Likewise, accepting a position under an unjust regime may prevent or reduce the harm of that regime, or prevent someone mischievous from taking the position and inflicting even more harm, then such an association is Islamically valid. Furthermore, someone working in a particular department is not responsible or accountable for the crimes being committed in another department nor are they guilty of “cooperat[ing] in sin and aggression” (5:2). He ascribes these fiqh rulings to the majority of scholars including Abu Hanifa, Malik and Ahmed.

The argument against those who are affiliated with the UAE is simply not grounded in fiqh or supported by clear evidences from the Quran and hadith. How does being part of a peace forum make the participants guilty of the crimes in Yemen? The claim that such participation enhances the influence of these regimes is not necessarily consistent with Quran and hadith.

Dr. Jackson, I argue, is in line with Islamic discourse when he says that being part of such initiatives does not mean he agrees with all they do. The same goes for CVE. As Ibn Taymiyya suggests above, participating in such programs is Islamically justifiable if the goal is to reduce the harm and this is what Dr. Jackson claims. Ibn Taymiyya gives the example of someone working as a tax collector for a ruler who unjustly takes taxes from his citizens. If the individual can reduce the amount being taken then his position is Islamically valid.

One might state that such a claim – reducing the harm – is naïve and an excuse to justify their affiliations. No doubt this is a possibility, however, I once again quote Ibn Taymiyya,

“The obligation is to bring about the benefit to the best of their ability and or prevent the harm or at least reduce it. If there are two possible benefits then the individual should pursue the greater of the two even if it leads to losing the lesser. If there are two possible harms to prevent then they should prevent the greater of the two even if it results in the occurrence of the lesser.”

There are ways of determining whether a persons is clearly excusing himself. At the same time, the debate as to whether the benefits outweigh the harm is almost always within the grey area mentioned above. Thus, it is irresponsible to attack Islamic scholars and call for their accountability for positions that are not clearly against Quran and hadith.

Another rebuttal might claim that the rulers during the time of Ibn Taymiyya were better than present day rulers and that his fiqh was addressing his realities which are inconsistent with ours. My response is that although that is true, Ibn Taymiyya’s teachings are not built on contextual realities that are only effective in those realities. Rather, his teachings are built on principles that are formulated in a way that renders it capable of measuring a particular context. In other words, it acts in a way that considers the realities and context as part of the equation and decision process.

A third rebuttal might claim that Ibn Taymiyya, like many others, warned of the harms of befriending rulers. Again, this is accurate, however, an important distinction must be made and that is between spiritual advice and fiqh rulings. An issue can be spiritually problematic but permissible fiqh-wise and this differentiation is seen in the lives of the companions and spiritualists in general.

For example, the companions rejected many worldly pleasures out of zuhd and wara’ (two forms of asceticism) and not because they are forbidden. To be more specific, a person may restrict themselves from drinking green tea not because it is forbidden by Quran or hadith but because of they view it as a desire that distracts them from the next life.

Similarly, the discouragement scholars expressed towards relationships with rulers was because of the spiritual harms and not because of an unequivocal prohibition against it. This is an important facet of Islamic discourse that should be recognized by the Muslim community. That is, a person can critique an issue from various angles (for example the psychological harms of political rhetoric and how it effects a person’s spirituality) while remaining neutral to Islamic law. What I am trying to say is that legitimate criticisms can be made about a particular issues without having to bring a person’s Islamic credibility into the discussion.

To conclude, I’d like to once again emphasize a distinction between criticism and accountability. Criticism is justified when the criticizer is qualified in the topic and when the one being criticized has made a mistake. Accountability is legitimate when a person has transgressed red lines established by Islam itself. But, in order for such accountability to be valid one must invoke the Quran and hadith and here lies the problem.

In the several articles posted against UAE and CVE, Quran and hadith are excluded and such has become Muslim American discourse – we are Muslims who invoke Allah and His messenger yet exclude their words from the conversation. I remind the Muslim American community and myself of the following verse “And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result” (4:59).

I would like to pose the following questions to the Muslim American community:

  • Under what code of law and ethics should scholars be held accountable? In other words, what standards do we use to deem a scholar accountable or guilty? Who determines these laws and principles? Is it other scholars who are well versed in fiqh? Is it American standards or perhaps Muslim American activists and whatever is in line with their agenda?
  • Who or what institution has the authority to hold scholars accountable?
  • To what extent do we consider Quran, hadith, fiqh and scholarly opinions in determining illegal actions, problematic decisions, and or immoral behavior?
  • Are these laws and principles only applicable to scholars or are other Muslim leader figures held to the same standards?
  • Are all scholars “dancing bears” who have no credibility? If not, who, in your opinion, is trustworthy and credible and why do you think so? Is it because they are following Quran and Sunnah, or because they fit activism?
  • Do you believe that certain celebrated Muslim American activists / politicians present theological and moral problems to American Muslims that are corrupting their faith and behavior? Should they be held accountable for their statements and actions? What about the various Muslim organizations that invite them as keynote speakers and continue to show unwavering support?
  • Do you believe it is fair to say that these celebrated activists are not responsible for clarifying to the community their controversial positions and statements because they are not scholars or seen as religious figures?
  • Do you believe that activism is dominating Muslim American discourse and do you believe that there is a serious exclusion of Quran and hadith in that discourse?

I hope the community will acknowledge the concerning reality of the exclusion of Quran and hadith from our affairs. Until we live up to the standards of Quran and sunnah our criticism will only lead to further division and harm.

The post Criticism, Accountability and the Exclusion of Quran and Sunnah – Critiquing Ahmed Sheikh’s Critique appeared first on MuslimMatters.org.

Sherman Jackson, CVE, UAE and some questions

29 August, 2019 - 21:00

For Muslims in the United States, it is easy to fall for the fallacy of “American Muslim exceptionalism.” Some Muslims view Muslim-majority countries as dark, corrupt, and authoritarian places while we in the United States are the light. As we have written about in various contexts, including Zakat abuse and Countering Violent Extremism (CVE), the Muslim community’s leaders are capable of corruption and other abuses. There is no reason to believe  Muslims in the United States are any better than Muslims anywhere else.

A few years ago, the federal government started to offer ways for Muslims to profit from the global war on terrorism. It started a race among the unscrupulous to show national security-focused agencies and even foreign governments, how they are best qualified to tame Muslims and Islam. In CVE, Muslims were singled out as a problem religion and a problem community, though they did not start out being explicit about this.  There was strong opposition to CVE from Muslim communities and others and those who organized and worked hard to oppose it found success.

One group of Muslims that for the most part, we did not see participate in CVE were our students of knowledge, our Islamic teachers. Many cared about the dignity of their community and their religion. We can be grateful for this. Unfortunately, there were exceptions.  As a community, it is vital we hold our leaders accountable and correct things when they are wrong. Ali Al-Arian recently called attention to the CVE work of Dr. Sherman Jackson which was uniquely troubling among various CVE ventures for reasons I will discuss below. Jackson’s response was inadequate, and he needs to do better.

Sherman Jackson in the CVE racket

Dr. Sherman Jackson has been a player in CVE (Countering Violent Extremism) for several years. Unlike other CVE proponents in the Muslim community, Jackson did not speak in American Muslim spaces on the subject as best as I am aware.  CVE is the now widely discredited, (yet somehow still very much alive in various forms) project to move the war on terrorism to Muslim spaces, in schools, and in mental health.  Jackson was a commissioner in the Council of Strategic and International Studies (CSIS) CVE Commission in November 2016.  You can read their CVE report online.  

Former British Prime Minister Tony Blair and former CIA Director and Defense Secretary Leon Panetta co-chaired this CVE Commission.   The report represents a consensus view of all commissioners.  Jackson was only one of two known Islamic scholars who lent their name to this project.  

This “comprehensive new strategy” was meant to be for the benefit of the next President of the United States, assumed to be Clinton. The person who ended up as President seemed uninterested in the advice provided mainly by supporters of his opponent.  

Ali Al-Arian and Sherman Jackson 

Al-Arian’s description of Jackson’s CVE efforts and UAE collaboration is sparse.   Most of his article is not really about Jackson’s CVE work and UAE connections and outside my scope. Though it clearly made a big impact on Jackson.

Dr. Sherman Jackson corrects a few of Al-Arian’s minor mistakes and offers an emotional rebuttal.  He was not an “advisor” to the commission, but a commissioner himself. The product of the commission is Jackson’s product, however. Putting his name on it was his choice.  CSIS is not a “right-wing” organization. They are worse than that, something I will get to below.

Other claims by Jackson were speculative at best (Tony Blair would not have wanted him on the commission) or require clarification.  I hope Sherman Jackson will be able to clarify these from the questions below.

White Supremacy

I am not interested in engaging on Dr. Sherman Jackson’s racial politics and views on immigrants or Al-Arian’s preferred framing in the context of global empire and white supremacy as a system. Instead, it is more useful to look at white supremacy in the context of CVE.  In the national media, CVE has come back into vogue as a way to address mass-shootings by white-nationalists. It has come up recently after the El Paso shooting, for example.    

Those who want to look to CVE as a way to prevent ideological violence in the name of white supremacy will find no help from the CVE Commissioners. The only CVE Dr. Sherman Jackson co-signed is interested in is targeting Muslims. The CVE Commission Report helpfully tells us what a “violent extremist” is. On page 2 of the report, the commissioners (including Dr. Jackson) tell us:

Throughout this report, we use the general term “violent extremism” to refer to the subset of violent extremist organizations that claim the religion of Islam as their motivating source and to justify their nefarious goals, and the term “extremist” to describe the ideologies and narratives deployed by these groups. 

Quite simply, for purposes of US Government policy, the CVE Commission was advocating that Muslims and Muslims alone can be capable of violent extremism. Nobody from any other religion or anyone with a secular ideology could be a violent extremist.  

A stylistic departure for CVE

For the CVE Commission, this was a stylistic departure from the Obama Administration CVE policy, which claimed to address other forms of extremism. However, it was always clear that while there was no real intention to address white supremacy. The war on terror involved spying on Muslim students going rafting but the government did not even know who the armed white supremacist groups were. CVE was always meant to single out the Muslim community, like the rest of the war on terror.  

The CVE Commission would have done away with any Obama-era window dressing. Leaving CVE as the preferred term to not offend partners, who may not sign up for a program called “Countering Islamic Extremism” (a term Republicans would prefer). In a sense, it was more honest than the Obama Administration policy. Another bout of honesty from the CVE Commission is that CVE is not an alternative to the war on terror. It is part of the war.  

Dylann Roof was not a violent extremist because he was not Muslim

In 2015, the year the work of the CVE Commission started, Dylann Roof walked into a black church in Charleston, South Carolina and murdered nine worshipers.  Violence by white supremacists had a long history in the United States before 2015, a fact Dr. Jackson had known. White nationalist violence has continued since.   

Dr. Jackson, who has proclaimed himself to be the most “explicit” and “eloquent” on white supremacy, somehow managed to co-sign a report that failed to include the murder of black people in a church by a white supremacist in the definition of “violent extremism.” Indeed the document with his name on it failed to mention white supremacy even once while claiming to be a “comprehensive new strategy.”  It appears Dr. Jackson was unable to be either “explicit” or “eloquent” on white supremacy when it may have mattered.  

The co-chairs dismissed “extremism” by non-Muslims as something we should worry about by stating that “we must be clear-eyed about the nature of the enemy.” That makes sense, CVE is an extension of the war on terrorism.  

 The Value Proposition 

The CVE Commission report, other than to commit exclusively to the perceived Muslim problem, something Republicans already did in the CVE Grants Act in 2015, was not groundbreaking.  The document recycled tropes and jargon from prior CVE documents.  The commissioners failed to offer any solutions other than providing more funding to programs that are “proven.”   Objectively, there have never been any proven CVE programs. The report included “enlisting” technology, religious and other sector leaders, getting the White House to lead, and other meaningless gobbledygook. None of this was actionable as policy, except the funding part.  

How do governments fight ideologies they don’t like without getting into thought policing? Is there a way to know if someone is about to become a terrorist in the future? How do we prevent CVE from merely becoming code for political repression? You won’t find answers to any of this in the CVE Commission report.  

CVE was never able to live up to its promise of being a solution to anything. According to an FBI study, for example, there is no way to tell by looking at someone’s ideology that they are more likely to commit violence.  CVE was always a corrupt and fraudulent enterprise. It was junk science attempting to convince policymakers and the public that soothsaying can be actual public policy.  

It seemed clear that for CSIS, the CVE Commission was mainly a fundraising play. The donors were getting something though: a narrative that reflects their values, and loyalty. The UAE, for example, engages in thought policing and political repression. In the UAE, peaceful protest of government policies falls under the terrorism law and can lead to the death penalty. If the UAE or other seriously sick regimes fund you, it makes sense to sidestep difficult issues and discuss the things they want to hear. 

The CVE Commission report was emphatically not scholarship. It was political hackery for money. Dr. Jackson stated he consulted with “Washington insiders” before accepting. The end product seems to reflect the quality of the counsel he sought. It was garbage in, garbage out.  

Why Credibility with the UAE matters

It is impossible to separate Sherman Jackson’s work on the CVE Commission from his UAE affiliation. To CSIS’s credit, they disclose the United Arab Emirates is one of their largest government donors. Though CSIS credits funding for the report itself to Mark Penn, a Clinton pollster who has since become a pro-Trump pundit on TV, and Fred  Khosravi, a businessman who reportedly once told his cellmate he was a “freelance consultant for the FBI.” Both of these individuals were also commissioners alongside Jackson.  Defense contractors and oil companies are also prominent funders for CSIS. That guy from your local masjid who generously donates every Ramadan is likely not on CSIS’s fundraising mailers.  

If you are going to fundraise for a commission report, you want to name commissioners the donors like and trust. Tony Blair is best known for lying his country into a war that killed hundreds of thousands of people, nearly all of them Muslim. For the funders, he had the requisite credibility and moral authority to co-lead his fellow commissioners. This seems especially true when it comes to the UAE.  

Islamic Scholars “clean and…vetted”

In 2015, we learned the UAE donated $1,000,000 to the NYPD’s Intelligence Division through a foundation three years earlier. This agency had an aggressive anti-Muslim surveillance operation. In 2014, the UAE, through a cabinet-level decision, absurdly designated the Council on American-Islamic Relations (CAIR) and the Muslim American Society (MAS), “terrorist” organizations. Both are entirely American organizations that have nothing to do with the UAE.  

In the years since, the UAE has prosecuted an aggressive and unflinchingly violent foreign policy in Libya, Egypt, and Yemen. In Yemen, the UAE reportedly operates a network of dozens of sites dedicated to engaging in systematic rape and torture. Moreover, it has been a champion of domestic political repression and oppression of the Uighurs and Kashmiris. Indeed, Indian Prime Minister Narendra Modi, the butcher of Gujarat and currently in the midst of shocking actions in Kashmir, was just given the UAE’s highest honor. India’s fascist government and the UAE’s rulers deserve each other. More troubling is that some prominent American Muslim scholars, including Sherman Jackson, appear to have no problem with the honor of being considered “clean and…vetted” by the UAE so that their actions are consistent with UAE’s overall foreign policy goals.  

A Question of Values 

When Muslim scholars find reasons to affiliate with such a foreign government so dedicated to oppression, it deserves some communal self-evaluation.

US Muslim scholars, including Dr. Sherman Jackson, continue to attend a conference hosted by the UAE’s government on, and this is seriously the name, “Promoting Peace in Muslim Societies.” Getting American Muslim scholars in the UAE’s corner to grant themselves religious legitimacy is part of UAE foreign policy. That all of this seems cartoonishly absurd mockery of their religion does not stop Muslim scholars from collaborating with the UAE’s government. Worse though, Muslim scholars in the United States who have nothing to do with the UAE have not done anything to self-police this servile and propagandistic sham.

It is not at all surprising someone like Tony Blair aligns perfectly with CSIS donor UAE’s values. But do Islamic scholars in the United States have values similar to the UAE’s shaykhdom?  Do American Muslims? 

I don’t agree with everything the mafia does

Dr. Jackson notes he spoke twice about the problem of religious violence as well as “the problem of government repression, mass imprisonment, and torture.” Neither the CVE Commission or the MCE has any project to address these things. Reciting platitudes about human rights is not synonymous with moral courage. The UAE itself publicly and repeatedly proclaims itself as a champion of human rights. That does not make it one.      

In his post, Dr. Jackson notes that just because he works with a UAE sponsored entity, it does not mean he agrees with everything the UAE does. Dr. Jackson wants the Muslim community to hold him to a meaningless ethical standard. Nobody agrees with everything anyone does. 

If a scholar joined a Mafia-sponsored effort to give itself religious legitimacy, “I don’t agree with everything the mafia does” won’t work as a moral defense.  It should not work when collaborating with the UAE government either. Dr. Sherman Jackson gets to decide who he associates his name with. That is a moral choice.  

Benefit and Harm

What we need to do is evaluate the benefit to be gained by the community versus the harm Dr. Jackson may be causing. 

There is significant harm from scholars to providing religious legitimacy to regimes that have foreign policies dedicated to oppression and murder in multiple countries.    There is further harm because the UAE stages it’s religious scholars as props in a way that makes a mockery of religion and religious authority. It is undignified and far below the station of any scholar of Islam to play in such farces, yet,  there they are.

The CVE Commission in the United States was merely an extension of this game.  Use religious leaders to give cover to policies meant to harm people who follow that religion. Dr. Jackson’s participation in the CVE Commission shows there is virtually no bottom to what you can get a prominent Islamic scholar to co-sign. Islamic Scholars willing to collaborate with war criminals to make Muslims less violent are little more than dancing bears for the national security state. The dignity of the religion of Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) deserves better.      

Benefits of this display to the Muslim community are not clear, at least not to me.  I hope Dr. Jackson can explain why the immense cost of his participation is worth it. 

If I act wrongly, correct me

An Islamic Scholar is someone who holds a position of a sacred public trust.  That requires public integrity. According to a hadith of Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), ulema (not all religious leaders qualify here) are heirs of the Prophets.  However, that does not mean they are infallible and somehow incapable of making serious mistakes.  

Abu Bakr raḍyAllāhu 'anhu (may Allāh be pleased with him), in his inaugural speech as Khalifah, reportedly said:

“O people, I have been appointed over you, though I am not the best among you. If I do well, then help me; and if I act wrongly, then correct me.”

Those who honor our tradition should not merely be deferential to scholars and leaders when they start doing things that make no sense or are objectively harmful.  They should correct them and not be afraid of asking difficult questions.  

Some Muslims, including some leaders and scholars, seem to think of Dr. Sherman Jackson as the Muslim ummah’s grandmaster chess player (something he alluded to in his post). We may not understand what he is doing, but that is only because he must be several moves ahead of what our brains can process. I do hope those Muslims can stop thinking this way. Sometimes, even people whose work you admire can make severe errors in judgment.   

Nobody likes to have their integrity questioned. Sherman Jackson would plainly prefer the Muslim community see him as above reproach. But if a scholar collaborates with human rights abusers and mass-murderers to make the world a more peaceful place, a few Muslims may start raising their hands to ask a few questions.  

Some Questions

I have a few questions for Dr. Sherman Jackson, but if readers have their own,  leave them in the comments:

  1. Do you agree with any portion of the CVE Commission Report?  If so, please share with the Muslim community what parts you agree with and why. If you repudiate this report in full, please tell us. 
  2. I understand you signed on to the CVE Commission to prevent a product with undue bias. However, why did you agree to include your name on the final product that excluded Dylann Roof from the definition of “violent extremist”? 
  3. Do you believe CVE is not fraudulent and actually works? If so, do you have any evidence of this?  
  4. You mentioned in your post you told scholars that people who disagree with CVE should protest outside. Did you ever inform them or anyone about where and when the largely secret meetings were so that they can organize protests?
  5. Have there been any concrete benefits to oppressed Muslims anywhere because of your affiliation with the UAE-based MCE?  
  6. What benefits have you personally enjoyed as a result of your affiliation with the CVE Commission and the UAE? 
  7. Do you believe Tony Blair should be charged, and tried for war crimes and crimes against humanity for his role in Iraq? 
  8. Do you believe the senior leadership of the United Arab Emirates should be charged for war crimes and crimes against humanity?  
  9. What value do you believe you are offering the government of the UAE’s rulers by serving on the MCE?   

The post Sherman Jackson, CVE, UAE and some questions appeared first on MuslimMatters.org.

On Divine Gifts And Tribulations: Reflections on Ustadh Nabeel al-Azami

27 August, 2019 - 01:46

In the early hours of the 14th of August 2019, corresponding to the first day following the ‘Eid al-Adha’ of the Muslim community, my friend Nabeel, son of Mamoon al-Azami, passed away peacefully in London. He was 39 years old. He honoured me by considering me a teacher to ask counsel of – but in truth, he himself was an educator par excellence by his words, his actions and his state of being.

I have nothing but good memories of this man. He was generous and kind, and personified good manners. A year ago, we were together when he was giving a presentation on his work, and we had lunch together beforehand. He was speaking to me about the subject of the presentation, and as we were speaking privately, I told him about my unease around a bit of the approach on a few points.

Nabeel was not only warm in private in response, but when we were sat in the public arena for his presentation thereafter, he, unprompted, insisted on giving me the floor, though I had no speaking role that day. He did so after addressing me and introducing me in a deeply respectful manner, so that I could offer my thoughts, even though he knew of my stance.

I no longer even remember what I said – I only remember the generosity of spirit he had. In this day and age, that kind of magnanimity is rare, usually absent, and evidence of something beautiful.

(You can see more of Nabeel’s work here — his final book, which he wrote on the Prophet and Leadership, with leadership professor John Adair writing the forward).

A few months ago, I asked if I might visit him, while he was in the hospital. He was in the midst of various obligations but knew my travel schedule would make it difficult to find an opportunity to allow me the privilege of his company, and he had some things he wanted to discreetly discuss. We had spoken a few times on the phone after he had learned of his illness, but we had not met since. We found a common time of 15 minutes to speak privately. It turned into an hour.

When I saw him, what are called the ‘signs of sainthood’ (wilaya) were deeply upon him. His riḍā (contentment) was evident to anyone who saw him, and his concern was not for himself. Rather, it was first and foremost for his family. Whenever people ask me about him, I immediately think of that word: riḍā.

Riḍā.
Riḍā.

I left his company with a sense I cannot easily put into words – he was a paragon of strength and fortitude, while simultaneously being a person of charity and concern for his wider community. The presence of contentment, harmony, self-composure, and quiet trust in the working of the Divine. In this are signs for the ones who are aware, for they represent the rising of station (maqam) according to the sages.

There will be others who will no doubt write about Nabeel’s professional accomplishments, of which there are many, not least the book he wrote and completed while he battled his illness. These are inspiring, and a testament to Nabeel’s deep commitment to the work he devoted himself to (his last work on Prophetic leadership can be purchased here from the publisher) – a work that all about serving the community which he so loved and cared for.

I knew about Nabeel’s work, but most of our interactions showed another side to him – a facet of his personality that will forever be instructive to me. It was the aspect of him that I mentioned to my students as we read through tracts of spirituality. It was the aspect of him that asked for prayers that God might allow him to see and meet the Prophet in his dreams. It was the aspect of him that sought out to understand and comprehend the meaning of what was happening in a deeply metaphysical manner, which was admirable in such an advanced way.

“But it is as though, Allah has given me this tribulation, as an unworthy servant, as a gift. And then He has given me some challenges, that I didn’t think I would cope with. And then He somehow gave me the resources as a gift…

And I feel as though I am being taken among individuals who must have taken this journey, who are much more worthy; I am left very confused as to why I am being given this privilege. Maybe you can help explain this confusion to me.

But that aside: I hope if it is benefiting brothers, to be able to talk about our conversations, then hopefully if there is any ajr (reward) for me there, that may be something I can hold onto in the next life, as a source of salvation.”

(Nabeel al-Azami)

In the hours that followed his passing, as his family and friends prepared to bid him farewell at the funeral service, I went through my recent correspondences with Nabeel, following and preceding conversations we had. There were perhaps three recurring themes I can mention. The first was the most pre-eminent, which I’ve alluded to above, in terms of his spiritual journey and path. His instructive comments reflected a serenity of soul, a strength of spirit, and a constancy of commitment.

The second theme was the concern he had particularly for his family. His father, his wife, his children, but really the entire family – his concern for them was touching, moving, and genuinely thought-provoking to any of us who get wrapped up in the mundane nature of this world. The very last message he sent to me was an ‘ameen’ to a du’a I sent him in response to his request I pray for his wife, children and family.

Finally, the third theme was care he had for his community, and that watchfulness was something he spoke to me about in his one of his very final messages to me – the rifts within the Muslim community more generally, especially among the ‘ulama, and how their differences needed to be bridged.

In all of these, Nabeel al-Azami’s considerations were deeply important. One of the final things he said to me was his hope that if his tribulation could serve as a lesson to others, may he partake in the reward for that, and maybe it would be something he could hold onto in the next life for his salvation.

It never occurred to me to share Nabeel’s thoughts while he was still with us. When we met and discussed, we did so privately. But after he passed to the mercy of his Lord, I remembered what he said about our conversations benefiting others – and thus took pen to paper, transcribing some of the notes he sent.

There was a message that related to knowing God, and spirituality more generally, which indicated one of the priorities he thought this community needed – this is where our relationship actually began, in a way. It is fitting that be the first tract. About half-way in, Nabeel responded to a message I sent him, where I had let him know I’d used his character as an example of how to respond to tribulations in a class I teach. That class was and is based on the works of one of my teachers, the Malaysian polymath, Professor Sayyid Naquib al-Attas. In response to Nabeel’s message, I told him the title of the work, at which point he expressed great joy, saying he had used the work as a reference in his last book.

That message was followed by a concern for the community writ large, particularly vis-à-vis the partisanship and conflicts the community had been riven by in recent years. We had discussed this in person, and he re-emphasised his point in this message – it’s a rare message indeed at this time, and important to share. He knew about my apprehension I had about partisanship driving our community apart, but he excelled me in focusing on the need to bring hearts together, rather than simply analysing the problem.

I close the below with two tracts that in particular related to trials and tribulations, to which I appended a short excerpt from the writings of Shaykh Abdal Qadir al-Jilani, the Persian saint of early Muslim history, and this represented the last of the transcriptions I chose. I believe I mentioned this tract to Nabeel himself, and it formed the basis of some of our discussions.

I pray the reader benefits from Nabeel’s thoughts and prays for him. For those who knew him, they should know that Sayyid Nabeel passed away in one of the four sacred months mentioned in the Qur’an – Dhu al-Hijjah. This is the month of the Hajj; it is the month the Great ‘Id, ‘Id al-Adha; it is the month of the passing of Sayyidina ‘Umar, Sayyidina ‘Uthman, and Imam Muhammad al-Baqir.

May we all benefit through Ustadh Nabeel al-Azami for a very long time to come.

I know I will.

On Spirituality

“Thank you for your message and thank you for the du’a (supplication) that you shared. SubhanAllah, the dua’ that you shared about Allah opening up the gates so that I may know Him better; it has been a part of my tahhajud (night vigil prayers) since you mentioned it.

And you know; these many small du’as that you hear and those that you end up memorising: this is one that I wish [had been] in my system. Because I knew the du’a – but it is so simple and beautiful – but insha’Allah, Allah will give you the ajr (reward) that you reminded me of the du’a which I memorised and now it has been normalised.

And it’s wonderful: because the ability to know your Creator and discover Him is that life-long journey. We try to learn about the 99 attributes to be able to understand the incredible nature of our Creator, whom we are blessed to be created from. And the quality of my prayers have been impacted as a result of this process of ibtila’ (tribulation).

Which is, in a sense, the only way you can really achieve and access the unveiling needed to know a little bit more about your creator. So, I feel I need to be in this ibtila’ longer! There is so much I can learn now that I have unlocked a few things, you know, through the wasila (means) around me, including yourself.”

“And it is wonderful to hear that you are teaching a text on taṣawwuf; I’d love to know which one it is. The need for teaching, tarbiyat al-iman, tazkiyat al-nafs, and the sciences of taṣawwuf; it is so, so urgent and so neglected. So, if it is a public class that I can promote, let me know: I’d love to send it in the network, because there are just too far and few between.

So, thank you for sharing: but the only thing I would say here is that I certainly wouldn’t be the precise example. But good brothers around me and my shayukh and my learned friends like your good self: with your help I am trying to be an acceptable example, insha’Allah.

But it is as though, Allah has given me this tribulation, as an unworthy servant, as a gift. And then He has given me some challenges, that I didn’t think I would cope with. And then He somehow gave me the resources as a gift; and then I feel the raising of maqam (spiritual station). Not because of anything from myself, but that Allah is just gifting.

Because I thought I just had to take one step towards Allah, and he would take ten steps for me. I think I managed to just think about one step. I don’t know what little iota of indication I gave to Allah that I am interested in guidance; and that was enough. That was enough, and Allah is just raising me.

And I feel as though I am being taken among individuals who must have taken this journey, who are much more worthy; I am left very confused as to why I am being given this privilege. Maybe you can help explain this confusion to me.

But that aside: I hope if it is benefiting brothers, to be able to talk about our conversations, then hopefully if there is any ajr for me there, that may be something I can hold onto in the next life, as a source of salvation.”

On Bringing Hearts Together, in a world where lines have been drawn

“In our community, the scholars are the inheritors of the Prophets: that we know. And amongst them, we need to build bridges, and we do know that for various reasons amongst the difficulties of the world, a broken world that we’re facing, there are lines being drawn even amongst the ulama (scholastic) community. And differences of strategy and direction, and differences in trying to say this is how we can serve the ummah (Muslim community) better can and will arise.

But all I can hope for is people like yourself, in a small way myself, if I can, and others, try to at least make hearts stay together…

There should never be an instance where people amongst the ulama, who are the inheritors of the prophets, who are at the heights of those who represent the prophets in their absence today —- at least the hearts and their brotherhood should remain there.

And I think that is the case anyway amongst the most senior ulama that we know. And without naming names, I think their hearts are clear in their interaction, but they may be operating in different platforms and structures.

But I think we need bridge builders, so we keep the ukhuwwa (brotherhood) and the conversation going, as we try to navigate ourselves across common challenges in the world and navigate our community towards a direction. Which is ultimately the same direction anyway, seeking the pleasure of Allah, and following in the footsteps of al-Habib al-Mustafa salAllahu ‘alayhi wa salam.

And that’s about it, in order to be worshippers who are keen only to seek Allah’s pleasure and have that kind of connection and rida (contentment).”

On Tribulations and Trials

“Al-salam ‘alaykum, shaykh Hisham: and thank you for your ongoing affection, care, concern and spiritual advice which I really, really value, and it does help me. At some point, it would be good to talk or see you just to share the seriousness of my condition.

But, alhamdulillah (praise be to God), this ibtila’ (tribulation) is a blessing, it has given me so much khayr, by God, so much khayr – and I am full of shukr (gratefulness). I have sabr (patience) when the pain is happening, but I have shukr for what Allah is doing for me spiritually. And as one of my teachers once said: when you are suffering from a physical illness, be grateful you are not suffering from a spiritual illness. And I am really feeling the benefits of that right now.

Alhamdulillah: jazakAllah khayr for sending me all the Prophetic supplications and invocations, and alhamdulillah most of them I have been doing already, but I haven’t actually been doing [certain elements of spiritual practice I recommended], so I will immediately add this into my practice on your advice; so, thank you for that.

And although I am in a wonderful spiritual place, you are absolutely right that the hardest thing is often for the family and for the wife and the children. They are struggling a little bit and I do try to give them strength, so please make du’a for my wife and my three young children: that Allah gives them strength in the midst of this ibtila’ that we are all facing. And insha’Allah I am confident that Allah will take care of us, and take care of our affairs insha’Allah.”

“Al-salam ‘alaykum, Shaykh Hisham – I hope you are well. Thank you for your ongoing enquiry and concerns about my health and your du’a. In terms of how I am, alhamdulillah, spiritually and mentally, I am in a really good place – I have this wonderful connection and relationship built with our Lord, subhanhu wa ta’ala. My tahajjuds (night vigil prayers) are beautiful, and I am just loving the experience of this ibtila’, taking as much benefit of it as possible.

In terms of the jasad, the body: unfortunately, that is choosing to go in a different direction…Suffice it to say my physical condition is extremely serious, and I need lots of your du’a.

But my spiritual condition, by Allah’s will, is in the best place I have ever experienced, and long may Allah keep that. So, I ask for your continued dua’ and insha’Allah I will update you more next week.”

****************

Shaykh Abdal Qadir al-Jilani (may Allah be well pleased with him, and may He grant him contentment) said:

“As for one who suffers tribulation, he will sometimes be tried as a punishment and retribution for an offense he has perpetrated or a sin he has committed, at another time as an expiation and purification, and finally, for the sake of elevation in spiritual degrees and advancement to high stages, to join those versed in knowledge, people with experience of all states and stations. This they have received through the providence of the Lord of creation and of mankind.

Their Lord has sent them to ride the fields of misfortune on the mounts of friendliness and kindness and refreshed them with the breeze of loving looks and glances while in movement or at rest, because their trial was not intended to destroy them and hurl them into the abyss. Rather did He put them to these tests for the sake of choice and selection, so drawing from them the reality of faith, which He purified and separated from polytheistic association [shirk], pretensions and hypocrisy [nifaq], and presenting them with all kinds of knowledge, secrets and enlightenment. Then He made special favourites of them, entrusted them with His secrets, and granted them the pleasure of His company.

… For those trials have the effect of making their hearts pure and free from sinful association, and from attachment to creatures, worldly means, wishes, and self-willed desires. They are instrumental in melting them and smelting out the pretensions and passions, and the expectation of returns for obedient behaviour, in the form of high degrees and stations in the hereafter, in paradise and its gardens…

The sign that the trials are for the sake of spiritual progress is the presence of contentment, harmony, self-composure, quiet trust in the working of the God of the earth and the heavens, and annihilation within them until their eventual removal with the passage of time.”

****************

Anyone who saw Nabeel knows what signs were most prominent upon him. I consider it my honour that I knew Nabeel al-Azami, and my loss that I did not know him longer and better.

May God have mercy on the soul of Sayyid Nabeel al-Azami; grant him the highest stations of Paradise; and give his family strength.

إنا لله و إنا إليه راجعون

“And that’s about it, in order to be worshippers who are keen only to seek Allah’s pleasure and have that kind of connection and rida (contentment).” (Nabeel al-Azami).

The post On Divine Gifts And Tribulations: Reflections on Ustadh Nabeel al-Azami appeared first on MuslimMatters.org.

Parenting: Raising a Child from Age 0 to 2 | Dr. Hatem Al Haj

26 August, 2019 - 00:02

In this age group, infants were thought by Jean Piaget to develop skills and experience through sensations and movements; that is why he called it the sensorimotor stage.

Sensorimotor Stage (Birth-2 yrs)

The main achievement during this stage is Object Permanence – knowing that an object still exists, even if it is hidden.

It requires the ability to form a mental representation (i.e., a schema) of the object.

Infants rely on seeing, touching, sucking, feeling, and using their senses to learn things about themselves and the environment. And through countless experiments, they gain important skills and learn important concepts. For example, they realize that an object can be moved by a hand (the concept of causality). By nine months a child will have mastered the concept of object permanence, which means that when I can’t see the toy, that doesn’t mean it doesn’t exist. Before then, if you move a toy out of their sight, they lose all interest in it, but now, they will try to look for it. The next step is directed groping, which means the child will be practicing different motor maneuvers to see their outcome.

Building Trust

Erik Erikson, who looked at social development, felt that in the first year, the child develops trust or mistrust in his/her surroundings. That is usually dependent on the consistency of the caregiver. For example, if he/she trusts that his caregiver will feed him/her when they get hungry, they will develop trust in their surroundings. In the second year, the infant starts a two-year period in which s/he will develop autonomy or shame. They will develop healthy autonomy if encouraged when they walk away from their mother, pick the toy they like to play with, and make choices about what they like to wear.

From the discussion above, it appears that we may make the following recommendations:

1- Make sure your child will trust you. There is no doubt that at times you may be busy or overwhelmed, and you may be late to responding to some of your child’s requests, which s/he usually makes through crying, but avoid patchy care and negligence. This development of trust this early may have an impact on the child’s relationship with the parents later. You will need that!

2- It is never too early to read for your child. Acquisition of language is the most important cognitive development the child goes through in this stage and the following one as well.

3- Help the development of healthy associations between Islamic symbols and acts and pleasant sensations: odor, taste, sounds, and visual aesthetics. For example, the prayer mat should be clean smell good, the masjid should have nice toys, the books should have pleasant pictures.

4- Choose the appropriate games and toys that will help the child achieve the developmental milestones of this stage. For example, peek-a-boo helps them with the concept of object permanence.

5- Give your child enough room to move around and examine the environment, certainly without compromising on safety. Allow him/her a certain degree of independence to choose the toys, clothes or foods s/he likes – within reason. Giving them complete liberty will not only be inconvenient, but they may grow up thinking that there are no limits to their freedom.

Raising A Child Between Ages 2-7 | Dr Hatem Al Haj

Raising Children with Deen and Dunya

10 Things We Can Learn From Children

The post Parenting: Raising a Child from Age 0 to 2 | Dr. Hatem Al Haj appeared first on MuslimMatters.org.

Challenges of Identity & Conviction: The Need to Construct an Islamic Worldview

23 August, 2019 - 23:11

He squirmed in his seat as his Middle East history professor–yet again–made a subtle jab about Islam, this time about the jizyah.  This professor claimed to be pro-Arab and pro-Islam and was part of a university department that touted itself for presenting history and narratives that are typically left out of the West’s Eurocentric social studies sequence. Still, she would subjectively only present an Orientalist interpretation of Islam. Ahmad* sighed. He felt bad just thinking about what all his classmates at this esteemed university thought about Islam and Muslims. He was also worried about fellow Muslims in his class who had not grown up in a practicing household-what if they believed her? He hated how she was using her position as the “sage” in the room to present her bias as absolute truth. As for himself, he knew deep down in his bones that what his professor was alleging just could not be true. His fitrah was protesting her coy smile as she knowingly agitated the few Muslims in her class of one-hundred-fifty.  Yet, Ahmad had never studied such topics growing up and felt all his years of secondary education left him ill-equipped as a freshman in college.  He tried to search for answers to her false accusations after class and approached her later during office hours, but she just laughed him off as a backward, orthodox Muslim who had obviously been brainwashed into believing the “fairy tale version” of Islam. 

***

Asiyah* graduated as class valedictorian of her Islamic school. She loved Biology and Physics and planned to major in Engineering at a top-notch program. While both family, friends, and peers were proud of her (some maybe even wishing they were in her shoes), they had no idea of the bitter inner struggle that was eating away at her, tearing her up from the inside out. Her crisis of faith shook her to the core and her parents were at their wits’ end. While she prayed all her prayers and even properly donned her hijab, deep down she felt……..sort of….……atheist.  Physics was her life–her complete being. She loved how the numbers just added up and everything could be empirically proven. But this led to her greatest anguish: how could certain miraculous events during the time of the Blessed Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) have occurred? How could she believe in events that were physically and scientifically impossible?  She felt like an empty body performing the rituals of Islam.

*names changed

***

An Unwelcome Surprise

Islam is a way of life. Its principles operate in every avenue of one’s life. However, English, History, Science and Mathematics are often taught as if they are beyond the scope of Islam. It is commonly assumed that moral teaching happens, or should happen, only in the Islamic Studies class. Yet, if we compare what is being taught in the Islamic Studies class with what is being taught consciously or unconsciously in other classes, an unwelcome surprise awaits us. Examining typical reading material in English classes, for example, reveals that too much of the material is actually going against Islamic norms and principles. Some of the most prominent problems with traditional English literature (which directly clash with Islamic moral and ethical principles) include: the mockery of God and religion, the promotion of rebellion against parents and traditional family values, the normalization of immoral conduct such as lying and rude behavior, and the condoning of inappropriate cross-gender interactions. Additionally, positive references about Islamic culture are either nonexistent or rare. Toxic themes of secularism, atheism, materialism, liberalism, and agnosticism are constantly bombarding our young Muslim students, thus shaping the way in which they view and interact with the world.

Corrective Lens: The Worldview of Islam

We need our children to develop an Islamic worldview, one that provides a framework for Muslims to understand their world from the perspective of the Qur’an.  It is impossible for the Islamic Studies classes alone to successfully teach Islamic behavior and nurture moral commitment unless the other classes also reflect the Islamic worldview- an outlook that emphasizes the idea that all our actions should be focused on pleasing Allah and doing good for ourselves and others. Therefore, the majority of what is taught in all academic disciplines should be based on Islamic values, aiming to improve the life of the student by promoting sublime ethical conduct. The unfortunate reality is quite the opposite: a typical child in a school in the West spends a minimum of 576 periods (16 periods of core classes/week * 4 weeks/month * 9 months) of classroom instruction annually on academic subjects that are devoid of Islam and contain minimal teaching of morality that aligns with Islamic principles. How much Islam a child learns depends on whether their parents choose Sunday school, Islamic schools, and/or other forms of supplementation to provide religious knowledge. However, rarely does that supplemental instruction undo the thousands of hours of the atheistic worldview that children soak in by the time they finish high school through the study of secular subjects. By not having an Islamic worldview and not having Muslims’ heritage and contributions to humanity infused into the teaching of academic subjects, we witness the problems experienced by the likes of Ahmad* and Asiyah*–problems that plague modern Muslim youth.

Identifying the Unlikely Suspect

This realization is perhaps the missing piece in the puzzle when it comes to our bewilderment: how are large swaths of youth from some of the kindest, sweetest, practicing Muslim families going astray and getting confused? When we shepherd our flock and find one or more of our “sheep” lost and off the beaten path, we think of the likely suspects, which include negative influences from peers, family, movies, social media, etc. We may even blame the lack of inspiring role models. We are less likely to suspect that the very literature that our children are consuming day in and day out through our well-intentioned efforts to make them “educated” and “sophisticated” could cause them to question Islam or fall into moral abyss.

Ibn ‘Umar reported that the Prophet, may Allah bless him and grant him peace, “All of you are shepherds and each of you is responsible for his flock. A man is the shepherd of the people of his house and he is responsible. A woman is the shepherd of the house of her husband and she is responsible. Each of you is a shepherd and each is responsible for his flock.”

Islamic Infusion in Academic Study as a Solution

There have been efforts across the globe to infuse Islam into academic study of worldly subjects. Universities such as the International Islamic University of Malaysia(IIUM), which has a dedicated “Centre for Islamisation (CENTRIS),” is an example. At the secondary school level, most brick and mortar Islamic schools do offer Arabic, Qur’an, and Islamic studies; however, few Muslim teachers are trained in how to teach core academic subjects using principles of Islamic pedagogy.

How exactly can educators infuse an Islamic perspective into their teaching? And how can Muslim children have access to high quality education from the worldview of Islam, taught by talented and dynamic educators?

Infusing Islam & Muslim Heritage in Core Academic Subjects, According to the Experts:
  • Dr. Nadeem Memon, professor of Islamic pedagogy, states that for a pedagogy to be Islamic, it should not contradict the aims, objectives and ethics contained in revelation (Qur’an) and should closely reflect an Islamic ethos that is based on revelation, the sunnah of the Prophet(pbuh), and the intellectual and spiritual heritage of his followers. It should also effectively develop the student’s intelligence (`aql), faith (iman), morality and character (khuluq), knowledge and practice of personal religious obligations (fard ain) and knowledge, skills and physical abilities warranted by worldly responsibilities and duties (Ajem, Ramzy and Nadeem Memon, “Prophetic Pedagogy: Teaching ‘Islamically’ in our Classrooms”)
  • Dr. Susan Douglass, expert in Social Studies, promotes a panoramic study of the world by global eras–emphasizing the interdependence of nations–rather than an isolationist civilizations approach (which in Western societies focuses only on Western civilization). Such study includes Islamic history and Muslims’ contributions to humanity throughout the ages.
  • Dr. Freda Shamma, pioneer in promoting culturally inclusive and ethical literature, emphasizes that English classes should carefully select literature aligned with Islamic moral values and include works by both Western authors and those from other cultures, i.e. literature that 1-features Muslim main characters and 2- is authored by Muslims.
  • Dr. Nur Jannah Hassan at CENTRIS, stresses that Science classes should be designed to awaken the student’s mind, to inspire a complete awe of and servitude towards the Creator and Sustainer, to instill the purpose of creation, vicegerency and stewardship of the earth and its inhabitants, to enable students to decipher God’s Signs in nature and in the self, to infuse responsibility in sustaining balance and accountability, and should include Muslims’ legacy in the field.
  • Dr. Reema alNizami, specialist in Math Education, advocates that Math classes should instill creative thinking, systematic problem solving and an appreciation of balance; include a survey of Muslims’ contributions to the field; and utilize word problems that encourage charitable and ethical financial practices.
Technology Enables Access to Islamically Infused Schooling for grades 6-12

Technology has now enabled this Islamic infusion for middle schools and secondary schools to become a reality on a global scale, alhamdulillah. Legacy International Online High School, a college preparatory, online Islamic school serving grades 6-12, whose mission is “Cultivating Compassionate Global Leaders”, offers all academic subjects from the Islamic worldview. Pioneered by leading Muslim educators from around the globe with background in Islamic pedagogy and digital learning, Legacy is the first of its kind online platform that is accessible to:

  • homeschooling families seeking full-time, rigorous, Islamically infused classes
  • Public school families looking for a part-time Islamic studies or Arabic sequence
  • Islamic schools, evening programs, and Sunday schools that are short-staffed and would like to outsource certain courses from the Islamic worldview
  • Schools and entities needing training/workshops to empower Muslim educators on how to teach from the Islamic worldview

Alhamdulillah, Legacy IOHS is an accessible resource for families with children in grades 6-8 who are seeking curriculum and instruction that is Islamically infused.

Strengthening Faith & Identity in College and Beyond

For those seeking supplementary resources to address the most prevalent hot topic issues plaguing young Muslims of our times, Yaqeen Institute, whose initial publications were more targeted towards a university audience, is now working to make its research more accessible to the general public through both its Conviction Circles initiative and its short videos featuring infographics.

Another online platform, California Islamic University, offers a comprehensive course sequence which allows college students to graduate with a second degree in Islamic studies while simultaneously completing their undergraduate studies at any accredited community college or university in the United States. Qalam and AlMaghrib Institute also offer online coursework in Islamic studies.

What We Hope to Avoid

While volunteering at his son Sulayman’s* public school with ten student participants, Ibrahim* was saddened when he met a young boy named Chris*. When Chris met Ibrahim, he piped up and eagerly told Ibrahim, “my grandparents are Muslim!” Through the course of the conversation, Ibrahim realized that he knew Chris’ grandparents, a very sweet elderly couple (and currently very practicing) who had not made the Islamic worldview a priority early on in their children’s lives. A mere two generations later, Islam is completely eliminated from their family.  *names changed

Our Resolve

Legacy IOHS recommends the following to Muslim families/educators and Islamic schools:

  1. Instill in our children a strong grasp of the foundational sciences of Islam, while preparing them with the necessary contemporary knowledge and skills
  2. Teach our children in their formative years to view the world (including their “secular” academic study) through the lens of Islam
  3. Follow this up with relevant motivational programs that assist them in understanding challenging issues of today and coach them on how to respond to the issues in their teenage years.

We pray that with the above, we will have fulfilled our duty in shepherding our flock in a comprehensive way, with utmost care. It is Allah’s help we seek in these challenging times:

رَبَّنَا لَا تُزِغْ قُلُوبَنَا بَعْدَ إِذْ هَدَيْتَنَا وَهَبْ لَنَا مِنْ لَدُنْكَ رَحْمَةً ۚ إِنَّكَ أَنْتَ الْوَهَّابُ

‘Our Lord, do not let our hearts deviate after You have guided us. Grant us Your mercy: You are the Ever Giving. [Qur’an 3:8]

 رَبَّنَا هَبْ لَنَا مِنْ أَزْوَاجِنَا وَذُرِّيَّاتِنَا قُرَّةَ أَعْيُنٍ وَاجْعَلْنَا لِلْمُتَّقِينَ إِمَامًا

‘Our Lord, give us joy in our spouses and offspring. Make us good examples to those who are aware of You’. [Qur’an 25:74]

يَا مُقَلِّبَ القُلُوبِ ثَبِّتْ قَلْبِيْ عَلَى دِيْنِكْ

“O turner of the hearts, keep my heart firm on your religion.”

Freda Shamma has a M.A. from the University of California, Berkeley, and an Ed.D. from the University of Cincinnati in the area of Curriculum Development. A veteran educator, she has worked with educators from the United States, South Africa and all over the Muslim world to develop integrated curricula based on an Islamic worldview that meets the needs of modern Muslim youth. She serves as Curriculum Advisor for Legacy International Online High School.

An avid student of the Islamic sciences, Zaheer Arastu earned his M.Ed from The George Washington University and completed his training in Educational Leadership from the University of Oklahoma. his experience in Islamic education spans over 15 years serving as both teacher, administrator, and dean of innovation and technology. He currently serves as the Head of School for Legacy International Online High School.

The post Challenges of Identity & Conviction: The Need to Construct an Islamic Worldview appeared first on MuslimMatters.org.

Grit and Resilience: The Self-Help vs. Islamic Perspective

22 August, 2019 - 19:09

I don’t really care about grit.

Persevering and persisting through difficulties to achieve a higher goal is awesome. High-five. We should all develop that. No one disagrees that resilience is an essential characteristic to have.

Somehow, this simple concept has ballooned into what feels like a self-help cottage industry of sorts. It has a Ted talk with tens of millions of views, podcasts, keynote speeches, a New York Times best-selling book, and finding ways to teach this in schools and workplaces.

What I do care about is critically analyzing if it is all that it’s cracked up to be (spoiler alert: I don’t think so), why the self-help industry aggressively promotes it, and how we understand it from an Islamic perspective. For me, this is about much more than just grit – it’s about understanding character development from a (mostly Americanized) secular perspective vis-a-vis the Islamic one.

The appeal of grit in a self-help context is that it provides a magic bullet that intuitively feels correct. It provides optimism. If I can master this one thing, it will unlock what I need to be successful. When I keep running into a roadblock, I can scapegoat my reason for failure – a lack of grit.

Grit encompasses several inspirational cliches – be satisfied with being unsatisfied, or love the chase as much as the capture, or that grit is falling in love and staying in love. It is to believe anyone can succeed if they work long and hard enough. In short, it is the one-word encapsulation of the ideal of the American Dream.

Self-help literature has an underlying theme of controlling what is within your control and letting go of the rest. Islamically, in general, we agree with this sentiment. We focus our actions where we are personally accountable and put our trust in Allah for what we cannot control.

The problem with this theme, specifically with grit, is that it necessitates believing the circumstances around you cannot be changed. Therefore, you must simply accept things the way that they are. Teaching people that they can overcome any situation by merely working hard enough is not only unrealistic but utterly devoid of compassion.

“The notion that kids in poverty can overcome hunger, lack of medical care, homelessness, and trauma by buckling down and persisting was always stupid and heartless, exactly what you would expect to hear from Scrooge or the Koch brothers or Betsy DeVos.” -Diane Ravitch, Forget Grit, Focus on Inequality

Focusing on the individual characteristics of grit and perseverance shifts attention away from structural or systemic issues that impact someone’s ability to succeed. The personal characteristics can be changed while structural inequalities are seen as ‘fixed.’

Alfie Kohn, in an article critical of Grit by Angela Duckworth, notes that Duckworth and her mentor while studying grit operated under a belief that,

[U]nderachievement isn’t explained by structural factors — social, economic, or even educational. Rather, they insisted it should be attributed to the students themselves and their “failure to exercise self-discipline.” The entire conceptual edifice of grit is constructed on that individualistic premise, one that remains popular for ideological reasons even though it’s been repeatedly debunked by research.

Duckworth admitted as much in an interview with EdSurge.

There was a student who introduced himself having written a critical essay about the narrative of grit. His major point was that when we talk about grit as a kind of ‘pull yourself up by your bootstraps,’ personal strength, it leaves in the shadows structural poverty and racism and other things that make it impossible, frankly, for some kids to do what we would expect them to do. When he sent me that essay, of course, I wanted to know more. I joined his [dissertation] committee because I don’t know much about sociology, and I don’t know much about this criticism.

I learned a lot from him over the years. I think the lesson for me is that when someone criticizes you, when someone criticized me, the natural thing is to be defensive and to reflexively make more clear your case and why you’re right, but I’ve always learned more from just listening. When I have the courage to just say, “Well, maybe there’s a point here that I hadn’t thought of,” and in this case the Grit narrative and what Grit has become is something that he really brought to me and my awareness in a way that I was oblivious to before.

It is mind-boggling that the person who popularized this research and wrote the book on the topic simply didn’t know that there was such a thing as structural inequality. It is quite disappointing that her response essentially amounted to “That’s interesting. I’d like to learn more.”

Duckworth provides a caveat – “My theory doesn’t address these outside ­forces, nor does it include luck. It’s about the psychology of achievement, but because psychology isn’t all that matters, it’s incomplete.” This is a cop-out we see consistently in the self-help industry and elsewhere. They won’t deny that those problems exist, they simply say that’s not the current focus.

It is intellectually dishonest to promote something as a key to success while outright ignoring the structures needed to enable success. That is not the only thing the theory of grit ignores. While marketing it as a necessary characteristic, it overlooks traits like honesty and kindness.

The grit narrative lionizes this superhero type of individual who breaks through all obstacles no matter how much the deck is stacked against them. It provides a sense of false hope. Instead of knowing when to cut your losses and see a failure for what it is, espousing a grit mentality will make a person stubbornly pursue a failing endeavor. It reminds me of those singers who comically fail the first round of auditions on American Idol, are rightly ridiculed by the judges, and then emotionally tell the whole world they’re going to come out on top (and then never do).

Overconfidence, obstinance, and naive optimism are the result of grit without context or boundaries. It fosters denial and a lack of self-awareness – the consequences of which are felt when horrible leaders keep rising to the top due, in part, to their grit and perseverance.

The entire idea of the psychology of achievement completely ignores the notion of morality and ethics. Grit in a vacuum may be amoral, but that is not how the real world works. This speaks powerfully to the need to understand the application of these types of concepts through a lens of faith.

The individual focus, however, is precisely what makes something like grit a prime candidate to become a popular self-help item. Schools and corporations alike will want to push it because it focuses on the individual instead of the reality of circumstances. There is a real amount of cognitive dissonance when a corporation can tell employees to focus on developing grit while not addressing toxic employment practices that increase turnover and destroy employees physically and emotionally (see: Dying for a Paycheck by Jeffrey Pfeffer).

Circumstances matter more than ever. You’ve probably heard the story (of course, in a Ted Talk) about the famous marshmallow test at some point. This popularizes the self-help version of delayed gratification. A bunch of kids are given a marshmallow and told that if they can avoid eating it for 5 minutes, they’ll get a second one. The children are then shown hilariously trying to resist eating it. These kids were then studied as they grew older, and lo and behold, those who had the self-discipline to hold out for the 2nd marshmallow were far more successful in life than those who gave in.

A new study found that a child’s ability to hold out for the second marshmallow had nothing to do with the ability to delay gratification. As The Atlantic points out, it had much more to do with the child’s social and economic background. When a child comes from a well to do household, the promise of a second marshmallow will be fulfilled. Their parents always deliver. When someone grows up in poverty, they are more attuned to take the short term reward because the guarantee does not exist that the marshmallow would still be there later. The circumstances matter much more than the psychological studies can account for. It is far easier to display grit with an entrepreneurial venture, for example, when you have the safety net of wealthy and supportive parents.

Valerie Strauss writes in the Washington Post that grit discourse is driven by middle and upper-class parents wanting their spoiled kids to appreciate the virtues of struggling against hardship. Unfortunately, this focus on character education means that poor students suffer because less money will then be spent on teaching disadvantaged students the skills they need to be successful. Sisyphus, she notes, had plenty of grit, but it didn’t get him very far.

Strauss asks us to imagine if a toxic dump was discovered near Beverly Hills, and our response was to teach kids how to lessen the effects of toxins instead of fixing the dump.

The grit discourse does not teach that poor children deserve poverty; it teaches that poverty itself is not so bad. In fact, hardship provides the very traits required to escape hardship. This logic is as seductive as it is circular. Pulling yourself up by the bootstraps is seen as a virtuous enterprise whether practiced by Horatio Alger’s urchins or Silicon Valley’s entrepreneurs (bootstrapping is a common term in technology finance circles). And most importantly, it creates a purported path out of poverty that does not involve any sacrifice on the part of the privileged classes. -Valerie Strauss

This approach is a way to appear noble while perpetuating the status quo. It provides the illusion of upliftment while further entrenching the very systems that prevent it. We see this enacted most commonly with modern-day Silicon Valley style of philanthropy. Anand Giridharadas has an entire book dedicated to this ‘elite charade of changing the world’ entitled Winners Take All.

The media also does its fair share to push this narrative. Stories that should horrify us are passed along as inspirational stories of perseverance. It’s like celebrating a GoFundMe campaign that helps pay for surgery to save someone’s life instead of critically analyzing why healthcare is not seen as a human right in the first place.

Islamic Perspective

Islamically, we are taught to find ways to address the individual as well as the system. Characteristics like grit and delayed gratification are not bad. They’re misapplied when the bigger picture is not taken into account. In the Islamic system, for example, a person is encouraged not to beg. At the same time, there is an encouragement for those who can give to seek out those in need. A person in debt is strongly advised to pay off their debts as quickly as possible. At the same time, the lender is encouraged to be easygoing and to forgive the debt if possible.

This provides a more realistic framework for applying these concepts. A person facing difficulty should be encouraged to be resilient and find ways to bounce back. At the same time, support structures must be established to help that person.

Beyond the framework, there is a much larger issue. Grit is oriented around success. Success is unquestionably assumed to be a personal success oriented around academic achievement, career, wealth, and status. When that is the end goal, it makes it much easier to keep the focus on the individual.

The Islamic definition of success is much broader. There is the obvious idea of success in the Hereafter, but that is separate from this discussion. Even in a worldly sense, a successful person may be the one who sacrifices attending a good school, or perhaps even a dream job type of career opportunity, to spend more time with their family. The emphasis on individual success at all costs has contributed to the breakdown of essential family and community support systems.

A misapplied sense of grit furthers this when a person thinks they don’t need anyone else, and they just need to persevere. It is part of a larger body of messaging that promotes freedom and autonomy. We celebrate people who are strong and independent. Self-help tells us we can achieve anything with the right mindset.

But what happens when we fail? What happens when we find loneliness and not fulfillment, when we lack the bonds of familial solidarity, and when money does not make us whole? Then it all falls on us. It is precisely this feeling of constriction that Allah subḥānahu wa ta'āla (glorified and exalted be He), give good news to those who are steadfast, those who say, when afflicted with a calamity, ‘We belong to God and to Him we shall return.’ These will be given blessings and mercy from their Lord, and it is they who are rightly guided.” (2:155-157)

Resilience is a reflex. When a person faces hardship, they will fall back on the habits and values they have. It brings to mind the statement of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) that patience is at the first strike. He taught us the mindset needed to have grit in the first place,

“Wondrous is the affair of the believer for there is good for him in every matter and this is not the case with anyone except the believer. If he is happy, then he thanks Allah and thus there is good for him, and if he is harmed, then he shows patience and thus there is good for him” (Muslim).

He also taught us the habits we need to ensure that we have the reflex of grit when the situation warrants it –

“Whoever would be pleased for Allah to answer him during times of hardship and difficulty, let him supplicate often during times of ease” (Tirmidhi).

The institution of the masjid as a community center provides a massive opportunity to build infrastructure to support people. Resilience, as Michael Ungar writes, is not a DIY endeavor. Communities must find ways to provide the resources a person needs to persevere. Ungar explains, “What kind of resources? The kind that get you through the inevitable crises that life throws our way. A bank of sick days. Some savings or an extended family who can take you in. Neighbours or a congregation willing to bring over a casserole, shovel your driveway or help care for your children while you are doing whatever you need to do to get through the moment. Communities with police, social workers, home-care workers, fire departments, ambulances, and food banks. Employment insurance, pension plans or financial advisers to help you through a layoff.”

Ungar summarizes the appropriate application of grit, “The science of resilience is clear: The social, political and natural environments in which we live are far more important to our health, fitness, finances and time management than our individual thoughts, feelings or behaviours. When it comes to maintaining well-being and finding success, environments matter. In fact, they may matter just as much, and likely much more, than individual thoughts, feelings or behaviours. A positive attitude may be required to take advantage of opportunities as you find them, but no amount of positive thinking on its own is going to help you survive a natural disaster, a bad workplace or childhood abuse. Change your world first by finding the relationships that nurture you, the opportunities to use your talents and the places where you experience community and governmental support and social justice. Once you have these, your world will help you succeed more than you could ever help yourself.”

The one major missing ingredient here is tawakkul (trust in Allah). One of the events in the life of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) that epitomized grit, resilience, and perseverance was the Battle of Badr. At this occasion, the Companions said, “God is enough for us: He is the best protector.

“Those whose faith only increased when people said, ‘Fear your enemy: they have amassed a great army against you,’ and who replied, ‘God is enough for us: He is the best protector,’“ (3:173)

This is the same phrase that Ibrahim 'alayhi'l-salām (peace be upon him), while displaying the utmost level of resilience, said when he was thrown into the fire, and it was made cool.

There is a core belief in Islam about balancing between fear and hope. Scholars advise when a person feels despair, they should remind themselves of the traditions that reinforce hope in Allah’s forgiveness. When a person feels themselves sliding further and further into disobedience to Allah, then they should remind themselves of the traditions that warn against Allah’s punishment. The focus changes depending on the situation.

Grit itself is a praiseworthy characteristic

There is no doubt that it is a trait that makes people successful. The challenge comes in applying it and how we teach it. It needs a proper level of balance. Too much focus on grit as a singular predictor of success may lead to victim-blaming and false hope syndrome. Overlooking it on the other hand, enables a feeling of entitlement and a victim mentality.

One purpose of teaching grit was to help students from privileged backgrounds understand and appreciate the struggle needed to overcome difficulty. Misapplied, it can lead to overlooking systemic issues that prevent a person from succeeding even when they have grit.

Self-help literature often fails to make these types of distinctions. It fails to provide guidance for balancing adapting the advice based on circumstance. The criticisms here are not of the idea of grit, but rather the myopic way in which self-help literature promotes concepts like grit without real-world contextualization. We need to find a way to have the right proportionality of understanding individual effort, societal support, and our reliance on Allah.

Our ability to persevere, to be resilient, and to have grit, is linked directly to our relationship with Allah, and our true level of trust in Him.

To stay up to date with more articles from Omar, sign up for his email list at http://ibnabeeomar.com/newsletter

The post Grit and Resilience: The Self-Help vs. Islamic Perspective appeared first on MuslimMatters.org.

Who Can We Trust?

21 August, 2019 - 00:32

Spiritual abusers are con-artists, and if they were easy to spot then they would be far less successful. That is why you must exercise vigilance and your own judgment above that of public opinion. Never let the person’s position make you trust them more than you would without it.

Spiritual abusers work covertly, present themselves well, and use their service as a cover beneath which to operate. The way to avoid them is to recognize their tactics and avoid being caught by them.

Blurring Lines

Spiritual abuse often begins with hard-to-spot precursors, with manipulators exploiting grey areas and blurring boundaries to confuse targets. For example, when setting someone up for illicit relations or secret marriage, teachers may begin with inappropriate jokes that lower boundaries.

They may touch others in ways that confuse the person touched as to permissibility, for example, men touching women on their hijabs rather than direct skin. They may inappropriately touch someone in ways that leave him/her wondering whether or not it was intentional.

There may be frivolous texting while the premise of engagement is ‘work only’. Boundaries may be blurred by adding flirtatious content, sending articles praising polygamy, or mentioning dreams about getting married. The recipient may struggle to pinpoint what’s wrong with any of this, but the bottom line is that they don’t have to.

While these tactics may be hard to prove, you don’t need to prove that you don’t want to be communicated with in this way and that you will not tolerate it. You can withdraw from the situation on the basis of your own boundaries.

One of the key challenges in standing up to spiritual abuse is the lack of confidence in calling out bad behavior or the need for validation for wrongs. We may be afraid to a question a teacher who is more knowledgeable than us when he is doing clear haram. However, halal and haram are defined by Allah and no human has the right to amend them. If a religious leader claims exemption to the rules for themselves or their students, that’s a big, bright, red flag.

Beware of Bullying

When you witness or experience bullying, understand that a Muslim’s dignity is sacred and don’t accept justifications of ‘tarbiyah’ (spiritual edification/character reformation) or breaking someone’s nafs (ego). If you didn’t sign up for spiritual edification, don’t accept any volunteer spiritual guides.

If you did sign up, pay attention as to whether these harsh rebukes are having a positive or negative effect. If they are having a negative emotional, mental, or physical effect on you, then this is clearly not tarbiyah, which is meant to build you up.

When abuse in the name of tarbiyah happens, it is the shaykh himself or the shaykha herself who needs character reformation. When such behavior goes unchecked, students become outlets of unchecked anger and are left with trauma and PTSD. This type of bullying is very common in women’s groups.

Trust Built and Trust Destroyed

There are different levels of trust, and as it relates to religious leaders, one does not need to investigate individuals or build trust for a perfunctory relationship. You do not need a high degree of trust if you are just attending someone’s general lectures and not establishing any personal relationship.

If you want to study something with an Islamic teacher, do so as you would with a school-teacher, understanding that their position does not make that person either exceptionally safe nor exceptionally harmful. Treat religious figures as religious consultants who are there to answer questions based on their knowledge. Give every teacher a clean slate, don’t have baseless suspicions, but if behavior becomes manipulative, exploitative, cultish, or otherwise abusive, don’t justify it either.

Personal accountability is a cornerstone of the Islamic faith and we have to take responsibility for our own faith and actions. There is no need to be suspicious without reason, but nor is there a justification for blind trust in someone you don’t know, just because they lead prayers or have a degree of religious education.

It is natural to ask ourselves whether people can be trusted after experiencing or learning about spiritual abuse. The answer is yes – you can trust yourself. You can also trust others in ways that are appropriate for the relationship. If you know someone well and they have proven over a long period of time to be trustworthy, keep secrets, and do not use you or take advantage of you, then it makes sense to trust that person more than a stranger or someone who has outward uprightness that you do not know well. That level of trust is earned through long-time demonstration of its characteristics.

Seeing someone on stage for years or relying on testimony of people impressed by someone should not convince you to lower your guard. Even if you do believe someone is pious, you still never drop your better judgment, because even saints are fallible.

Don’t Fall for Reputation

Never take other respected leaders praising or working alongside an individual as proof of his or her trustworthiness. It is possible that the teachers you trust are unaware of any wrongdoing. It’s not a reasonable expectation, nor is it a responsibility for them to boycott or disassociate themselves from another religious figure even if they are aware of them being abusive.

Furthermore, skilled manipulators often gain favor from respected teachers both overseas and domestically to gain credibility.

If one shaykh praises another shaykh, but you witness abusive behavior, don’t doubt yourself based on this praise. The praise may have been true at one time or may have been true in the experience of the one giving the praise, but no one knows another person’s current spiritual state as spiritual states can change.

Even if the abusive individual was previously recognized to be a great wali (saint), understand that there are saints who have lost their sainthood as they do not have isma (divine protection from sin or leaving Islam) like the prophets (upon them be peace) do. What was true yesterday, may not be true today.

Often praises of integrity, courage, and inclusiveness are heaped on men who support influential female figures. However, men who are praised as ‘allies,’ and thanked for ‘using their privilege’ to support female scholarship and the participation of women in religious organizations and events are no more trustworthy than those who don’t.

Abusers are often very image-conscious and may be acting to improve their own image and brand strength. Influential male and female religious figures also help one another with mutual praising and social-proofing. That is how the misdoings of men who are supportive of women are ignored, as long as they support the right politicized causes such as inclusive spaces and diverse panels.

Don’t be tricked into trust through a person’s credentials. An ijazah (license) to be a shaykh of a tariqa is purportedly the highest credential. It’s a credential that allegedly has a chain that goes all the way back to the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), but that does not impart any of the Prophet’s character or trustworthiness in and of itself. A shaykh has to continuously live up to the ijaza and position. The position does not justify behavior outside of the sharia or any form of abuse. Scholars are inheritors of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) only to the degree to which they embody his character.

When a teacher who hasn’t spent adequate time with righteous shayukh abuses, they are said to lack suhba (companionship of the pious), and that is why they are abusive.

The truth is many of the worst abusers in traditional circles are highly certified, have spent adequate time with shayukh, are valid representatives of them, and are able to abuse because the previously mentioned credentials lead to blind trust.

Don’t let certifications about spiritual abuse, ethical leadership, or the like mean anything to you. Skilled narcissists will be the first to get such certifications and take courses because they know this will make people trust them more. You will see courses on ‘healthy leadership’ and ‘spiritual abuse prevention’ being taught and designed by them. There is a false premise behind such certifications that if religious leaders knew how abuse occurs and the damage it causes victims they wouldn’t do it. The fact is they know how abuse works, know how damaging it is, and don’t care. In a way, it’s good to have lessons on spiritual abuse from purveyors of abuse, just as learning theft prevention from a thief might be the most beneficial.

Don’t judge by rhetoric

Don’t look at the rhetoric of groups or individuals to see how seriously they take abuse. Spiritual abuse occurs in all groups. It is common for members of one group to call out abuse that they see in another group while ignoring abuse occurring within their own group.

Sufis who will talk about the importance of sharia, label others as ‘goofy-Sufis,’ and insist that real Sufis follow sharia, will very often abuse in private and use the same justifications as the other Sufi groups they publicly deride.

Many imams and religious leaders will talk publicly about the importance of justice, having zero-tolerance for abuse, and the importance of building safe spaces, while they themselves are participating in the abuse.

Furthermore, female religious leaders will often cover up secret marriages, and other abuses for such men and help them to ostracize and destroy the credibility of their victims as long as their political views align. Muslim mental health providers often incorporate religious figures when they do programs, and in some cases they involve known abusers if it helps their cause.

In some cases, the organization does not know of any abuse. Abusive individuals use partnerships with Muslim mental health organizations to enhance their image as a “safe person.” This is especially dangerous due to the vulnerability of those struggling with mental illness and spiritual issues, who may then be exploited by the abuser. It is a community responsibility to ensure the safety of these vulnerable individuals and to ensure that they do have access to resources that can actually help them.

Don’t judge by fame

One false assumption is that the local-unknown teacher is sincere while the famous preacher is insincere and just wants to amass followers. This contrast is baseless although rhetorically catchy.

The fact is, many unknown teachers desire fame and work towards it more than those who are famous. Other times the unknown and famous teacher may have the same love of leadership, but one is more skilled than the other. They both may also be incredibly sincere.

Ultimately, we cannot judge what is in someone’s heart but must look at their actions, and if their actions are abusive, they are a danger to the community. Both famous and non-famous teachers are equally capable of spiritual abuse.

Look for a procedure

Before being involved in an organization, look for a code of conduct. There is no accountability without one in non-criminal matters. Never depend on people, look at the procedures and ensure that the procedure calls for transparency, such as the one we at In Shaykh’s Clothing published and made free for the public to use.

Procedure also applies to an organizations’ financials. Do not donate money to organizations based on personalities, instead demand financial transparency and accountability for the money spent. There is great incentive for spiritual abusers to win the trust of crowds when it means they can raise money without any financial accountability.

But what about Husne-Zann? Thinking well of others?

Allah tells us يَا أَيُّهَا الَّذِينَ آمَنُوا اجْتَنِبُوا كَثِيرًا مِّنَ الظَّنِّ إِنَّ بَعْضَ الظَّنِّ إِثْمٌ

O You who believe, leave much suspicion, indeed some suspicions are sinful” (Quran 49:12).

From this verse, we see that some – not all negative opinions are sinful. The prohibition is partitive, meaning some bad opinions are permissible.

If someone punches you, it is not hunse-zann to assume that person just happened to stretch with a closed fist and did not see your face was in the way. This kind of delusion will lead to you getting punched more. To be wary of their fist isn’t a sinful level of suspicion.

Part of why spiritual abuse is difficult to detect is that its purveyors have a reputation for outright uprightness. They are thought well of in the community, and in many cases they are its pillars and have decades of positive service to their defense. Assuming that someone cannot be abusive simply because they have been a teacher or leader for a long time is not husne-zann. When facts are brought to light- like a fist to the face – it is delusional to assume they didn’t mean it that way.

If someone does something that warrants suspicion, then put your guard up and don’t make excuses for those actions. Start with a general guard and be procedural about things which require a procedure.  For example, if you are going to loan someone money, don’t just take their word that they will pay you back but insist on a written record. If they say they are offended, just say “it’s my standard procedure to avoid any confusion later on.” A reasonable person won’t have an issue with that. If someone mentions on the phone they will pay you $100 for your work, write an email to confirm what was said on the phone so there’s a record for it.

Lastly, and most importantly, never leave your child alone with a teacher where you or others cannot see them. Many cases of child sexual assault can be prevented if we never allow children to study alone with adults. There should never be an exception to this, and parents much uphold this as a matter of policy. Precaution is not an accusation, and this is a professional and standard no one should reject.

The post Who Can We Trust? appeared first on MuslimMatters.org.

Reflections on Muslim Approaches to the Abortion Debate: The Problem of Narrow Conceptualization

19 August, 2019 - 05:18

“Islam is the golden mean between all ethical extremes’ is what certain Muslims would assert… This moral assumption isn’t far from the truth.”

Shaykh Abdullah Hamid Ali in A Word on Muslim Attitudes Toward Abortion

“The golden mean is kind of a summit, and it is a struggle to get there. The ego does not want balance because you have to think and make sacrifices.”

Shaykh Abdal Hakim Murad in Paradigms of Leadership (6)

A few months ago, Governor Kay Ivey signed into law House Bill 134, or the Human Life Protection Act, which prohibited all abortion in the state of Alabama except in cases where it was deemed necessary to prevent a serious health risk to the mother. The bill additionally criminalized abortion or any attempt to carry it out in situations deemed non-necessary. A motion to exempt rape and incest victims from this law was defeated in the Alabama state senate, which give the state the (dubious) distinction of possessing one of the most restrictive abortion laws in America. This move by Alabama to place extreme restrictions on abortion followed a spate of similar legislative moves by other states, such as Georgia, Kentucky, and Mississippi.

This escalation in anti-abortion legislation occasioned intense debate within the Muslim community.[1] Muslims who self-identify as progressives chanted the familiar mantra of “my body, my choice” to affirm a notion of personal rights and bodily autonomy in defending a woman’s right to choose. The ideological underpinnings of this view are extremely problematic from a theological perspective, and the practical policies arising from it that sanction even late-term abortions contravene the near-consensus position of classical jurists and is rightly seen as an assault on inviolable human life. For this reason, this essay will not pay any particular attention to this view.

Several people pushed back against this permissive attitude by arguing that abortion is essentially prohibited in Islam in all but the direst of situations, such as when the life of the mother is at genuine risk. This opinion has a sound precedent in the legal tradition and is the mainstream view of some of the legal schools, but it has often been presented in a manner that fails to acknowledge the normative pluralism that exists on the matter in the shariah and rather perniciously presents these alternative opinions as ‘liberal’ or ‘progressive’. Similarly, those who favour the more lenient view found in other legal schools are often seen characterizing the stricter opinion as ‘right-wing’ or reflective of the Christianization of Islamic law. Despite having legal precedent on their side, both groups engaged the abortion question in a manner that was rather superficial and fundamentally problematic.

Abortion

Did Jurists Only Permit Abortion in ‘Dire’ Circumstances?

I will begin this essay by offering a corrective to the mistaken notion that classical jurists only permitted abortions in cases of necessity, an assertion that has become very common in current Muslim discourse on abortion in America. One need not look much further than the Ḥanafī school to realize that this claim is incorrect. Though there are opinions within the school that only permit abortion before 120 days with the existence of a valid excuse, the view of several early leading authorities was that abortion was unconditionally permissible (mubāḥ) before this period and/or prior to the physical form and features of a fetus becoming clearly discernible.[2] In his encyclopaedic work al-Muḥīṭ al-Burhānī, Burhān al-Dīn ibn Māza (d. 616/1219) presents two main opinions on abortion in the school:

(i) It is permitted “as long as some physical human features are not clearly discernible because if these features are not discernible, the fetus is not a child (walad)” as per Fatāwā Ahl al-Samarqand. Some scholars asserted that this occurs at 120 days,[3] while others stated that this assertion, though incorrect, indicated that by discernibility jurists intended ensoulment.[4]

(ii) It is disliked because once conception occurs, the natural prognostication is life and so the fetus is granted this ruling at the moment of conception itself. This was the view of ʿAlī ibn Mūsā al-Qummī (d. 305/917-18).[5]

The first opinion of unconditional permissibility was not a solitary one in the school. It was forwarded by many of the foremost Ḥanafī authorities, such as Ḥussām al-Dīn ibn Māza (d. 536/1141),[6] Raḍī al-Dīn al-Sarakhsī (d. 575/1175),[7] Jamāl al-Dīn al-Ghaznawī (d. 593/1196),[8] Zayn al-Dīn al-Rāzī (d. 666/1267),[9] ʿAbd Allāh ibn Maḥmūd al-Mawṣilī (d. 683/1284),[10] Fakhr al-Dīn al-Zaylaʿī (d. 743/1343),[11] Qiwām al-Dīn al-Kākī (749/1348),[12] Jalāl al-Dīn al-Khawārizmī (d. 767/1365),[13] Kamāl ibn al-Humām (d. 861/1457),[14] Muḥyī al-Dīn Jawīzāda (d. 954/1547),[15] Muḥammad ibn ʿAlī al-Ḥaṣkafī (d. 1088/1677),[16] and several others.[17] The reasoning underlying this view was that prior to a specific period (whether defined by days or by fetal development), a fetus is not a ‘child’ or ‘person’.[18] Therefore, no ruling is attached to it at this stage.[19]

Another opinion in the school, and one that has gained wide acceptance amongst contemporary Ḥanafī jurists, argued that abortion prior to 120 days was disliked and sinful unless carried out with a valid excuse. This view was most famously expressed by Fakhr al-Dīn Qāḍīkhān (d. 592/1196) in his Fatāwā and subsequently supported by the likes of Ibn Wahbān (d. 768/1367),[20] Ibn Nujaym (d. 970/1563),[21] and Ibn ʿĀbidīn (d. 1252/1836).[22] These sources, however, do not define or fully flesh out what constitutes an excuse, sufficing mainly with a single example as illustrative of a case where abortion would be permitted, namely when a woman ceases to produce milk on account of pregnancy and her husband is unable to provide an alternative source of sustenance for their child and fears his or her perishing. Cases of rape, incest, adultery, and other possible excuses are not discussed by most of these authors, and it is not clear whether they would have deemed these valid excuses or not.[23]

The Ḥanafī school, therefore, had three main opinions on the issue: unconditionally permissible prior to a specific time period; unconditionally disliked; and conditionally permissible prior to a specific time period. Of the three, the first view seems to have been the dominant one in the school and held by multiple authorities in virtually every century. The view of conditional permissibility was also a strong one and notably adopted by several later jurists. It is also the view that has gained currency among modern Ḥanafī scholars who are generally not seen forwarding the view of unconditional permissibility.

Some Contemporary Views on Abortion

A wide range of opinions is also found in the discourse of contemporary jurists. Shaykh Muṣṭafā Zarqā (d. 1999) presented a gradated scheme where abortion prior to 40 days was permitted without a “severe excuse”, which included “undertaking necessary travel where pregnancy and giving birth would prove a hindrance, such as for education or for work that requires a couple to move.”[24] He also considered financial strain arising from a child as a valid excuse during this limited time period. According to him, the threshold for a valid excuse would become higher as the pregnancy proceeded beyond 40 days.

Muftī Maḥmūd Ḥasan Gangohī (d. 1996), one of the foremost scholars of the Deobandī school, permitted abortions when conception occurred out of wedlock (zinā).[25]

Muftī Salmān Manṣurpūrī states emphatically that the basis is that abortion is impermissible unless there is a valid excuse before 120 days, such as the life of the mother being at risk, serious consequences to her general health, an actual inability to bear pregnancy, clear harm or danger to one’s current children, and adultery, but not fear of economic difficulty nor the decision not to have children.[26]

In Fatāwā Dār al-ʿUlūm Zakariyya, Muftī Raḍā’ al-Ḥaqq states that a fetus diagnosed by medical professionals with an incurable and serious disorder that will prove to be an extreme burden on the child and its family is permitted to abort prior to 120 days as per the Islamic Fiqh Academy in Mecca.[27] Elsewhere, he divides pregnancy into three stages. The first stage is when the general form and facial features of the fetus take shape but prior to the formation of its limbs. At this stage, it is permitted to carry out on abortion with a valid and established excuse, such as the fetus suffering from a “dangerous hereditary disease”, “physical abnormality/deformity”, the life of the mother being at risk, or reasonably-established fear of the mother’s “physical and mental health” being impacted. The second stage is when the limbs of the fetus are clearly formed and discernible, and the third stage is after 120 days. In both these stages, the respected Muftī rules that abortion is not permitted except in cases of necessity, such as saving the life of the mother.[28] The permission to abort the fetus is also extended to cases of rape.[29]

Mawlānā Zubayr Aḥmad Qāsmī (d. 2019), a founding member of the Islamic Fiqh Academy, India, argued that the permission to carry out an abortion before ensoulment (even after discernibility) is not simply restricted to cases of necessity (ḍarūra) but includes cases of need (ḥāja), which broadly includes “any situation that entails bodily or psychological harm for the parents or the child and is a cause for continual distress.”[30] Examples of valid excuses include “danger to the general health, mental health, or life of the mother”, pregnancy resulting from rape or fornication (so long as it is not someone who has engaged in the latter habitually), the strong possibility that the child will be born with serious physical abnormalities or defects as determined by a medical professional, and the genuine inability of the parents to raise and maintain/sustain more than one child without it negatively impacting their current children.[31]

Mawlānā Khālid Sayf Allāh Raḥmānī states, “Essentially, abortion is impermissible in Islam, and there is no time period in which it is acceptable to abort a fetus. However, this impermissibly has degrees. In the first scenario (i.e. post-ensoulment) it is a grievous sin and categorically prohibited; in the second scenario (i.e. pre-ensoulment but post-discernment of limbs) it is lesser than this; in the third scenario (i.e. before features/limbs become discernible) it is relatively less severe than the previous two.” He then goes on to rule that abortion is not permitted for the following reasons: not desiring more children; conception out of wedlock; or being physically or mentally unable to care for a child, since others may be able to do so. Excuses that permit abortion before ensoulment include a doctor concluding with reasonable-surety that the child will suffer from a dangerous hereditary disease, physical abnormalities, and deformities, and the life of the mother is at serious risk.[32]

There are stricter views than some of those mentioned above, especially from non-Ḥanafī scholars. Shaykh Hamza Yusuf, taking the Mālikī school as his basis,[33] has argued that abortion before 40 days is prohibited “with rare exception.”[34] This view of impermissibility is also held by Shaykh Yūsuf al-Qaraḍāwī although he allows for a dispensation to be given to victims of rape.[35]

Shaykh ʿAbd Allāh ibn Bayya also deems abortion at all stages of pregnancy to be sinful to varying degrees except in situations where the life of the mother is at risk.[36]

Shaykh Wahba al-Zuhaylī (d. 2015) ruled that abortion was impermissible from the moment of conception “except in cases of necessity” such as being afflicted with cancer or an incurable disease.[37]

Framing the Problem: Basic Levels of Engaging the Law

The discussion so far makes one point quite evident: there are an array of opinions on the issue of abortion ranging from the extremely restrictive to the more permissive. Though ‘difference of opinion’ (ikhtilāf) has generally been viewed as one of the outstanding and unique features of Islamic legal discourse, it is precisely the range of views that exist in the tradition on abortion that partly plays a role in the problematic approaches to the issue seen amongst certain Muslims. It is not so much the differences themselves that are the issue, but the manner in which particular opinions are selected by individuals who subsequently propagate them to the community as binding doctrine.

To better understand this, one can broadly identify four basic levels of engagement with religious law applicable to Muslim leaders and scholars in the West in the context of the abortion issue,[38] which often overlap with one another: (a) personal, (b) academic, (c) fatwā, public preaching, and irshād, and (d) political.

(a) The Personal

The ‘personal’ level concerns an individual’s own practice where he or she can follow the legal school (or trusted scholar) of their choosing or decide on the rulings that govern their lives when possessing the ability to do so. This level does not directly concern anyone but the individual himself.

(b) The Academic

The ‘academic’ level in the current context refers primarily to a process of study, reflection and deduction, and research to arrive at a personal conclusion regarding some aspect of the law that is undertaken in conversation with a guild of peers and not the general population. Such academic activity is often theoretical, abstract, and conceptual, and even when it addresses more practical concerns, it constitutes a general articulation of an opinion, not an individualized responsa, that others engage with as members of a scholarly class. This scholarly class includes the ʿulamā’ and others whose input is relevant to a particular issue.

(c) Fatwā, Irshād, and Public Preaching

The realm of fatwā is exclusively for a qualified scholar. Here, the scholar enters most directly into the practical implementation of a legal ruling. Fatwā does involve an academic process, and it is often conveyed by a jurist as a universal ruling in accordance with his academic conclusions. However, the practice of fatwā is commonly understood as an answer directed by a qualified jurisconsult (muftī) to an individual (mustaftī) who requires guidance on a particular religious matter. The jurisconsult providing said individual with an answer is now tasked with translating the abstract, theoretical, and academic into a practical solution, which requires taking into account the circumstances of the questioner.[39]

The delicateness of this matter has led some scholars to compare the relationship of a jurisconsult with the questioner to that of a doctor and his patient.[40] Indeed, the answer that a scholar provides a questioner may not be fully in accordance with the theoretical and abstract conclusions the former has reached in an academic setting, it may disregard an opinion that the jurisconsult otherwise deems a valid legal interpretation because its application is not appropriate in the specific case at hand, it may be strict or lenient, in accordance with the legal school of the scholar or a dispensation from another, and it may be inapplicable to anyone but the questioner. Further, a fatwā is non-binding (unlike a judicial court ruling) and does not negate other valid opinions or peoples’ choice to follow them. This is important to note in contexts where a fatwā is issued to communicate a universal rule.

In many cases, the answer that is provided to a person is not presented as a fatwā but merely a form of religious advice or irshād. Though there is presumably a difference between these two concepts, they are sometimes indistinguishable in a Western context. Irshād has a seemingly less formal quality to it, and it can be offered by a non-scholar though the prerequisite of sound knowledge still remains. Like fatwā, the proffering of religious advice and guidance can assume a more public form and have an academic flavour to it. The articles written by non-scholars on the blogosphere, lectures and speeches delivered by speakers, and religious counsel extended to others falls within this general category of irshād. For those in leadership roles, the public nature of their work means that high standards are required even here when it comes to addressing and conveying religious issues of a complex or delicate nature.

(d) The Political

If the issuance of a fatwā and providing religious advice is a delicate matter, the process of forming, advocating for, and/or enacting laws on the political level is far greater in this regard. Such laws are made in the context of human societies and affect large swaths of people who objectively vary in their circumstances – individual, social, religious/ideological, and economic. Unlike a fatwā or irshād, once a law has been settled upon by the state, it becomes binding upon an entire population and any reasonable alternative ceases to hold validity in practice at least until the law is reviewed and amended. Exemptions are only tolerated when affirmed by the law itself. Further, law interacts with and influences society in complex ways. This is true for all forms of law, not just ones that are state-enacted.

A core question in legal philosophy is what the law ought to be or what makes a law good. The ‘good’ is a moral concept and might be described as one that is essentially contested in so far as people differ over its conception and the criteria for its application. Some emphasize the consequences of a rule (consequentialism), while others favour a deontological moral ethic or one that is virtue-centred. Each of these families of theories subsume within them further particular theories that differ with one another. There are also considerations of fairness, equity, distributive justice, enforceability, practicality, and/or efficiency that those evaluating the law might assign significant value to. These notions of morality and the good influence policy-making and legal systems.

How do Muslims approach this issue? Islam is viewed by Muslims as a comprehensive moral and philosophical system where the moral value of an act is determined by the divine will. It is the commands and prohibitions of God that render an action good or evil, and under this divine command theory, revelation is the primary source for moral knowledge.[41] However, this legal notion of moral value is not as straightforward as it sounds since a significant number of legal rulings are probabilistic in nature and differed upon. Consequently, the moral value attached to these rulings lack a decisive character, which engenders a plurality of moral outlooks. This pluralism is an indelible feature of the tradition itself creating a paradox whereby Muslims can affirm that good and evil are known through revelation, while recognizing that differences concerning moral judgments are part of the moral vision of revelation itself.

This raises important questions regarding the political approach a minority Muslim population in the West might take regarding the abortion issue. Should Muslims seek to accommodate a pluralism justified by tradition and avoid commandeering the state to coercively impose laws that negate the right of people to follow an acceptable and mainstream Islamic legal opinion?

Should Muslims simply support restrictions on abortion practices that contravene the consensus position of Islam? Or should Muslims seek to promote an opinion, or some combination of opinions, among those found in the legal schools on the basis of a reasonably defined criteria that assesses the issue holistically from the perspective of the theological, legal, ethical, and the public good?

Indeed, there are many classical opinions whose validity scholars did not accept, others that were prima facie valid but not put into practice, and classical jurists themselves erected systems to keep a check on legal chaos resulting from people being allowed to arbitrarily follow any opinion with a basis in precedent. Yet, Muslim societies always tolerated differences of opinion, and for most of its history, people living in these societies had recourse to various scholars from multiple legal schools. Unlike the centralizing and homogenizing tendencies of the modern nation-state, Islamic law was centrifugal and operated on a grass-roots level to produce self-governing societies. In many periods, this diversity was even found in judicial settings where courts were established for each of the legal schools. This was extended to non-Muslim populations living under Islamic governments as well who were accorded a high degree of autonomy. While this might strike some as a thing of the past, a nostalgic yearning for a bygone era, there are many lessons the community can draw from the attitudes and approaches of past societies.

In a political context, the notion of the ‘public good’ (maṣlaha) is particularly relevant given the scope and consequences of legislative actions, but it is a notoriously complicated one to pin down and, like the ‘good’, might be described as essentially contested. Even the basic question “who will this law or opinion impact, and in what manner” takes one into a complex maze of considerations and perspectives that demand careful attention and thought. It is hard to imagine any informed answer to this question without the input of a variety of experts. While Muslims are not quite in a position to craft legislation, influential religious activists and scholars who advocate for specific legislation and/or discourse on it to the wider community should keep the above points in made for any advocacy that proceeds in the name of religion is one that must be approached with care and seriousness.

Abortion

Identifying the Problem: Beyond Personal Preferences, Emotions, and Selective Madhhab Picking

With this framework in mind, it is now possible to identify a major problem in current American Muslim discourse on abortion, which is that it does not meaningfully engage any of the levels described above save the personal. The distinction between these various engagement contexts is hardly recognized. Most public discourse on abortion promotes one traditional opinion over another based not on a rigorous standard that is grounded in revelation, theology, legal theory, ethics, the public good, and a keen awareness of human nature, the individual, political, social, and ideological currents and factors, historical trends, and the challenges of the contemporary world, but seemingly on personal opinions based on little more than a reaction to a perceived ideological threat, individual proclivities, or pure taqlīd. The mainstream opinions of the legal school simply act as tools of legitimation for one’s personal view.

The Problem of Imposition

On a personal level, this is not a problem per se, and people have their reasons to select certain views as opposed to others and even vociferously promote them in some limited capacity to friends, colleagues, or family over a session of tea or a short-lived social media feud with random individuals. However, for those in positions of leadership and influence, this cannot be the basis for a fatwā, general communal irshād, or public advocacy impacting millions of people. The imposition of the personal onto these areas in this manner is both ill-advised and potentially harmful. Even the conclusions reached by a scholar on the basis of sound academic research may be put aside in these contexts, i.e. fatwā and political activism/legislation, when the scholar feels that competing considerations and interests demand so. Thus, a scholar may believe in a reading of revelation that is extremely restrictive on abortion but recognizing the probabilistic nature of his interpretation and the variety of individual circumstances, the ethical norms of ease and warding off hardship, profound societal and economic changes, complex and strained community and family structures, the advice of other experts, and the general public good chooses not to advocate for this view as a matter of policy to be implemented as law or provided to a specific individual as a legal edict.

The Sunna Imperative for Leniency, The Lack of Depth of the Lenient

It is often forgotten that a peculiar response by some classical jurists to the degenerated state of society was not in toughening up legal prescriptions but relaxing them: “Our time is not one of avoiding the doubtful (shubuhāt), meaning if a person only avoids the impermissible, it is sufficient.”[42] This was an ethical consideration influencing the judgment of the jurist who saw it not as compromising religion nor a dereliction of his duty but part of the guidance of the sunna itself where facilitating the affairs of people was deemed important.[43] As Shaykh Abdal Hakim Murad states commenting on the instruction of al-Birgivī (d. 981/1573) not to give the laity the more difficult opinion on an issue validly differed upon:

This, of course, is a Prophetic counsel. The ego doesn’t always like giving people easy options because we assume it is because of our laziness or some kind of liberal Islam. For al-Birgivī it is taqwā to give the ordinary Muslims the easier interpretations… but nowadays, we tend to assume that the narrower you are, the less compromises you make, the more the West will be angry and, therefore, the better the Muslim you must be.[44]

The Prophetic counsel that Shaykh Abdal Hakim refers to is known to many: “Make things easy and do not make them difficult.” This attitude of facilitating matters for people, granting them leniency, and not repulsing them with harshness and difficulty is a part of Islam. As Imām al-Shāṭibī stated, the removal of hardship (rafʿ al-ḥaraj) is a decisively established foundational principle in the shariah.[45] From this foundational principle arises some of the most important legal and ethical principles in the Islamic tradition, such as hardship necessitates ease, there is no harm nor reciprocating harm, harm is lifted, the lesser of two evils, taking into account the consequences of an act, custom as a source of law, and more. In fact, some jurists opined that when the evidence for an issue was contradictory or conflicting, the more lenient opinion was to be given preference due to the generality of revelatory texts affirming ease in the shariah.[46]

But there is a problem. Many of those who promote and relay the lenient Ḥanafī opinion of unconditional permissibility approach it in a manner that lacks substance. On the academic plane, even basic questions regarding this position are not addressed or understood, much less entertained. Take, for example, the difference between the statement of Ḥanafī jurists that abortion is impermissible after the physical features of the fetus become discernible and the statement of others in the school that this impermissibility comes into effect after a 120-day period. Are these the same? Who in the madhhab held these positions? Is there a clear preference for one or the other? How was discernibility understood? What features needed to be discernible? Did discernibility refer to what is normally observable by humans or to what is discernible by modern embryogenesis? How have contemporary jurists addressed this issue? Then there is the matter that one is hard-pressed to find a single contemporary Ḥanafī jurist who favours the view of unconditional permissibility. What does this reveal about this opinion and the possibility of critically evaluating past opinions that fall within the scope of differences of opinion?[47]

These questions largely fall within the parameters of an intra-school discussion and do not even begin to address the broader social and political considerations mentioned earlier.

Here, the sheer fact that there were over six-hundred thousand abortions reported in America in 2015, the latest year for which statistics exist from the CDC, should be alarming to people and cannot be callously dismissed.

Though the overwhelming majority of these occurred well within a 120-day period (≤13 weeks’ gestation, which is measured from the first day of the woman’s last menstruation and not from the day of conception), most of those who obtained these abortions were unmarried women who did so in non-dire circumstances.[48] The culture of sexual freedom out of which the abortion movement emerged and its ideological grounding in notions of bodily autonomy and personal choice cannot be ignored in this discussion.[49] Nor can the devaluing of family and motherhood,[50] the practice of female foeticide, the increasingly materialistic outlook of society, and its mechanistic view of human beings.

Additionally, some Muslims seem largely oblivious to the fact that abortion politics link to many other issues that have little do with abortion itself, such as assisted suicide or end-of-life care. In a famous district court case on assisted suicide, Compassion in Dying vs. Washington, it was Planned Parenthood vs. Casey that was cited as an important precedent to rule that a ban on physician-aided suicide was unconstitutional.[51] Clearly, it is not sufficient to make simplistic appeals to leniency to justify promulgating an opinion that leads to such wider consequences. Abortion, in other words, cannot be treated as a ‘stand-alone’ issue with little or no relation to a broader philosophical outlook that downplays a sanctity of life ethic.[52]

Thou Shalt Make No Exceptions, But Should We?

Many of the issues highlighted in the previous paragraph raise serious theological and ethical concerns for Muslims and should push them to reflect on the type of society they wish to create and sustain in America. Is the abortion movement today in line with the moral vision envisioned for society by God and His Prophet (blessings upon him)? Clearly not. But while the seriousness of this crisis cannot be understated, a core question, at least in the context of this debate, is often missed: if it is misplaced and dangerous to forward the most lenient opinion in this context, in what way does the strictest possible position on abortion where exemptions are not even extended to victims of rape and incest ameliorate the current situation? Or to put it differently, how do these social and ideological problems make the strictest possible opinion on abortion the most appropriate one to adopt for the individual and society?

The answer to this question is not usually satisfactorily provided. Generally, such a view returns to a genuine moral belief one holds regarding a fetus being an inviolable living person. This moral belief may be grounded in a preferred reading of revelation, simple adherence to a specific legal school, a reaction to a perceived ideological battle framed in the language of pro-life vs. pro-choice, personal inclinations, or, as is usually the case, some combination of these factors. But the no-exception view is at least initially a personal view one holds, which is then forwarded as a broad religious and political solution. One may wonder why this is an issue. After all, why shouldn’t a person forward what he or she personally believes to be the Islamic ruling on an issue?

Certainly, this is expected especially when it concerns human life, but as stated earlier, it is problematic when that personal view, which it should be noted in this case lacks a decisive legal/moral character from a religious perspective, moves into the realm of fatwā and public advocacy without taking into account the many considerations required to make an informed decision in these areas. This is in addition to the fact that those who hold this view feel perfectly within their rights to tell others to set aside their personal moral views permitting abortions precisely in view to a broader context.

Here, it is worth sharing the response given by Shaykh Yūsuf al-Qaraḍāwī when he was asked about abortions for Bosnian Muslim women who were raped during war. After mentioning that his basic view is that abortions are impermissible “from the moment of conception” and “this is what we give preference to”, he states:

However, in cases of need, there is no harm in taking one of the two alternative views (i.e. permissibility before 40 or 120 days), and whenever the excuse is more severe, the dispensation will be more established and manifest, and whenever it is before the first 40 days, it is closer to dispensation.

We know that there are jurists who are very strict on this matter and do not permit abortion even a day after conception… but what is most preferable is a middle path between those who are expansive in granting permission and those who are excessively strict in prohibition.[53]

This is, of course, how knowledge and fiqh operate. They do not merely float around in the world of the abstract but address a complex world of real people, which in the context of fatwā, irshād, and politics often requires setting aside individual feelings and personal adherences to particular legal opinions: “Know that this ikhtilāf [between scholars] may be a reason to provide facilitation and ease, which is one of the higher aims of the shariah affirmed by the unequivocal text of the Qur’an and sunna.”[54]

Too often, many of those who vociferously promote the strictest view on abortion address the issue on the level of the abstract and then transfer it to the practical realm with little further thought. Take, for example, the argument that Muslims should oppose the legalization of abortion because a majority of abortions are due to economic anxiety or a feeling of unreadiness, which in turn return to the increasingly materialistic outlook of society and crumbling family structures.

This materialistic outlook and erosion of the family must be remedied. However, no justification is ever furnished as to why a no-exception abortion stance is the best method to address this social problem, and there is almost no focus on the individual. It never crosses the mind of the proponents of this view that it is the very fact that society is materialistic to its core and the family lay in ruins that causes economic anxiety and feelings of unreadiness to be felt much more palpably and intensely by young, unmarried, pregnant women.

Web MD

By largely confining their analysis and presentation of the issue to ‘materialism’, ‘decay of family’, ‘feminism’, etc., proponents of the restrictive view (inadvertently) divert attention away from the lived realities of people. This leads to neglecting the more concrete conditions and circumstances people are subject to, such as poverty, unemployment, drug abuse, poor health, psychological issues, sexual abuse, incarceration, social inequality and stratification, and the varying abilities of people to cope with life pressures and struggles. This focus away from the individual produces an unsympathetic, even antagonistic attitude, where the solution favoured is uncompromising and rigid. The ethical is erroneously conflated with strictness even though it might entail leniency in recognition of individual and social conditions.

To take one example where these broader considerations come into play, take the issue of pregnancy resulting from rape. Though statistics regarding rape are inconsistent because the crime is so underreported, it is safe to say that hundreds of thousands of women are victims of rape every year with tens of thousands of these rapes resulting in pregnancy (approximately five percent).[55] A significantly high number of rape victims are under eighteen with many actually being under the age of twelve.[56] Victims of rape spend many weeks simply recovering from physical injuries and managing mental health symptoms, which can remain with them for years. Beyond the physical and psychological symptoms common after rape, if a rape victim decides to carry her child to term, she is forced to go through a lengthy and exhausting process to prosecute her rapist in a criminal court and contest custody in a family or dependency court.

The political and legislative context makes matters even more difficult. Not every state has legislation in place allowing for parental rights to be terminated for a rapist. Most states that do have such legislation in place require a criminal conviction of rape beyond a reasonable doubt, which is the highest standard of evidence possible, with several also requiring a civil court conviction by clear and convincing evidence that conception resulted from rape.

Some states require the rape to be of the first-degree, which is varyingly defined.[57] Generally, the chances of obtaining a conviction of first-degree rape are slim. Not only do rape crimes go unreported in a majority of cases,[58] there are numerous hurdles in the criminal justice system that disadvantage rape victims at every stage of the process, such as ‘rape myths’ that influence police, investigative officers, jurors, and judges.[59]

In most cases, a rapist will plead guilty to lesser crimes in order to avoid prolonged jail time, which would potentially allow him to gain parental rights in states requiring first or second-degree rape convictions for such rights to be terminated.[60] In view of this, one can state that the suggestion by some Muslims that abortion should not be permitted even in such contexts because a woman can simply put her child up for adoption is seriously misinformed and potentially harmful.[61] Is the correct solution in this context to support the most restrictive view on abortion?

Conclusion: Refining our Conceptualization & The Bigger Picture

American Muslims must go beyond simplistic and emotionally-charged approaches to the abortion question. This issue, like many others, cannot be properly addressed through a narrowly defined law, politics, or clash of ideologies narrative, especially at the level of individual fatwā, communal irshād, or political activism, advocacy, and legislation.

Nor can the wider community be shown direction on this issue, or have a course charted for them, merely on the basis of narrowly-informed personal opinions and proclivities neatly presented in the classical opinions of our choosing. Our approach must address the issue through real fiqh, namely deep understanding, where the question of abortion is tackled with an academic rigor that is cognizant of lived realities and is grounded in the ethics and guidance of revelation.

Today in America, a crisis we face is of an activism not based in, or guided by, real scholarship, and a scholarship that is wanting, uninspiring, and disconnected from those it seeks to guide. The first step scholars must take on this issue is to gain a proper and thorough conceptualization of the issue. No sound and effective conclusion can arise without such a conceptualization. This is true for any issue we find ourselves dealing with.

On the level of addressing the broader community, this is not an issue to be decided by an individual but a collectivity of minds coming together to exchange ideas and opinions. The laity should understand that American Muslims will not reach an agreement on this matter, and nor should we demand that they do. People will continue to forward different opinions and solutions. The progression of time will likely result in a plurality of acceptable views emerging within our context. This should not be met with confusion.

Muslims once lived in an age of ambiguity where opinions were confidently held but differences embraced. Today, we live in an age of anxiety, people with confused identities, threatened by modernity and various ideologies, so much so that “the only form of Islam [we] can regard as legitimate is a totalitarian, monolithic one” as Shaykh Abdal Hakim once remarked. Let us avoid this, allow for different perspectives, but demand higher standards from those who seek to guide us and speak on our behalf especially when the matter veers into a space that impacts people and communities in a very real way.

Finally, and most importantly, Muslims must break out of the mindset that social problems can simply be legislated away or solved through polemical battles waged on the internet against pernicious ideologies. The political and social are intimately intertwined, but it is all too common to see many Muslims neglecting the latter while imagining that the activities they are engaged in to address the political are actually meaningful and impactful. In fact, it is often detached from the real world, a mouthing of clichés and idle moralizing on social media platforms that elicits rage and fails to yield actual solutions on the ground. If television altered the meaning of being informed as Neil Postmann asserted, social media has undoubtedly taken things a step further by altering the meaning of ‘taking action’.

The erosion of family, the decay of morality, the rise of materialistic outlooks, the loss of higher purpose and meaning, and the devaluing of life must be addressed more directly through education, the creation of a real community, the nurturing and training of leaders who embody knowledge and wisdom, and the erection of structures that support peoples’ faith and anchor them in times of crisis. It should not be forgotten that these non-legal institutions play an important role in shaping behaviours and promoting social mores.

Muslims should learn from the many conservative Christian activists who, contrary to popular stereotypes, demonstrate an acute awareness of the struggles and anguish that many women contemplating abortion experience. As the prominent pro-life activist Frederica Mathewes-Green states:

This issue gets presented as if it’s a tug of war between the woman and the baby. We see them as mortal enemies, locked in a fight to the death. But that’s a strange idea, isn’t it? It must be the first time in history when mothers and their own children have been assumed to be at war. We’re supposed to picture the child attacking her, trying to destroy her hopes and plans, and picture the woman grateful for the abortion, since it rescued her from the clutches of her child.

If you were in charge of a nature preserve and you noticed that the pregnant female mammals were trying to miscarry their pregnancies, eating poisonous plants or injuring themselves, what would you do? Would you think of it as a battle between the pregnant female and her unborn and find ways to help those pregnant animals miscarry? No, of course not. You would immediately think, “Something must be really wrong in this environment.” Something is creating intolerable stress, so much so that animals would rather destroy their own offspring than bring them into the world. You would strive to identify and correct whatever factors were causing this stress in the animals.[62]

It is this realization, which arises from a perspective that looks beyond abortion as simply an ideological battle between ‘the feminist’ or ‘the liberal’, that generates a sense of empathy within many conservative Christian activists who are then motivated to assist women in concrete ways.

Take the example of Embrace Grace, a Texas-based non-profit organization, which describes its purpose as “providing emotional, practical and spiritual support for single, young women and their families who find themselves in an unintended pregnancy” and to “empower churches across the nation to be a safe and non-judging place for the girls to run to when they find out they are pregnant, instead of the last place they are welcomed because of shame and guilt.” Christians have set up hundreds of pregnancy care centers across the United States, which, despite issues of concern, provide resources and services to pregnant women. Various churches have set up support groups for single mothers and mothers-to-be, while the Christian Community Development Association (CCDA) has set out to confront systemic injustices in society that lead women to seek out abortions, such as poverty.[63]

Shaykh Abdal Hakim Murad said reaching the golden mean requires that we think and make sacrifices. It is time for leaders, thinkers, and scholars in our community to begin thinking more deeply and contemplatively about the issue of abortion in its various contexts, and it is time for our community to sacrifice their time, wealth, and energies in providing concrete solutions and remedies that demonstrate a true concern for both the unborn and the women who carry them.

God alone is our sufficiency.

[1] References to Muslims in this article should be primarily understood as referring to people in positions of leadership and influence. In this article, I discuss some of the technical aspects surrounding the legal debate over abortion, but my intent is to simply provide a brief overview of this aspect of the debate in order for a general audience to appreciate some of the complexities of the topic.

[2] Though the term fetus technically refers to the unborn after 8 weeks of gestation, many use it to refer to the unborn throughout the period of pregnancy. I will be using the latter convention for the sake of simplicity.

[3] al-Ḥasan ibn Manṣūr al-Farghānī, Fatāwā Qāḍīkhān, on the margins of Fatāwā Hindiyya (Bulāq: al-Maṭbaʿa al-Amīriyya, 1310 A.H.), 3:410.

[4] Ibn Māza himself framed the ruling in terms of ensoulment. He stated that jurists differed on the permissibility of abortion pre-ensoulment with some permitting it. He then cited the text of Fatāwā Ahl al-Samarqand, which only speaks of discernibility. Qāḍīkhān mentioned how the discernibility of physical features and limbs was “determined” by some as occurring at 120 days. Kamāl ibn al-Humām and others correctly pointed out that observation proves otherwise but proceed to state that the connection made between discernibility and ensoulment shows that scholars intended the latter when expressing the former. Ibn ʿĀbidīn, however, questioned this. I agree for several reasons: firstly, many jurists make no reference to 120 days or ensoulment when presenting this ruling; secondly, discernibility and ensoulment are clearly different stages during the pregnancy, a fact that was known to classical scholars who sometimes applied different terms to these two stages, such as taṣwīr/ṣūra and takhlīq/khalq; and, thirdly, most Ḥanafī rulings premised on determining personhood rely on the discernibility criterion. Given this, there are two possible views in the Ḥanafī school regarding the period before which abortion is permissible: before some of the physical features of the fetus become discernible or prior to ensoulment at 120 days. Additionally, there was discussion in the Ḥanafī school on the features that were to be given consideration when assessing whether a fetus was a ‘person’. These discussions are highly significant in modern debates for if the criterion for personhood is discerning a particular physical form on the basis of observation, this potentially broadens the scope for modern Ḥanafī understandings of the concept of personhood and how/when it is established. I hope to address these issues in a separate paper. See Maḥmūd ibn Aḥmad ibn Māza, al-Muḥīṭ al-Burhānī fī al-fiqh al-Nuʿmānī, ed. Nuʿaym Ashraf Nūr Aḥmad (Karachi: Idārat al-Qur’ān wa’l-ʿUlūm al-Islāmiyya, 2004), 8:83-84; al-Farghānī, Fatāwā Qāḍīkhān, 3:410; Muḥammad Amīn ibn ʿĀbidīn, Radd al-Muḥtār (Būlāq: al-Maṭbaʿa al-Kubrā al-Amīriyya, 1323 A.H.), 1:201.

[5] Ibn Māza, al-Muḥīṭ al-Burhānī, 8:83-84. It is worth noting that al-Qummī did not say fetus is a life at conception but that it has begun a process that concludes with life.

[6] Ḥussām al-Dīn ʿUmar ibn Māza, al-Fatāwā al-Kubrā (Istanbul: Rāghib Bāshā #619), ff. 96b.

[7] Raḍī al-Dīn al-Sarakhsī, al-Wajīz (Istanbul: Koprulu #684), ff. 116a.

[8] Jamāl al-Dīn Aḥmad ibn Muḥammad, al-Ḥāwī al-Qudsī, ed. Ṣāliḥ al-ʿAlī (Lebanon: Dār al-Nawādir, 2011), 2:326.

[9] Zayn al-Dīn Muḥammad ibn Abī Bakr al-Rāzī, Tuḥfat al-Mulūk, ed. Ṣalāḥ Abū al-Ḥajj (Amman: Dār al-Fārūq, 2006), 290.

[10] ʿAbd Allāh ibn Maḥmūd al-Mawṣilī, al-Ikthiyār, ed. Shuʿayb Arna’ūṭ (Damascus: Dār al-Risāla 2009), 4:153.

[11] ʿUthmān ibn ʿAlī al-Zaylaʿī, Tabyīn al-Ḥaqā’iq Sharḥ Kanz al-Daqā’iq (Multan: Maktaba Imdādiyya, n.d.), 2:166.

[12] Amīr Muḥammad ibn Muḥammad al-Kākī, Miʿrāj al-Dirāya (Istanbul: Koprulu #619), ff. 395b.

[13] Jalāl al-Dīn ibn Shams al-Dīn al-Khawārizmī, al-Kifāya Sharḥ al-Hidāya, on the margins of Fatḥ al-Qadīr (Cairo: Maṭbaʻat al-Maymaniyya, 1901; reprint Dār al-Kutub al-ʿIlmiyya, n.d.), 3:373.

[14] Kamāl ibn al-Humām, Fatḥ al-Qadīr (Cairo: Maṭbaʻat al-Maymaniyya, 1901; reprint Dār al-Kutub al-ʿIlmiyya, n.d.), 3:372-73.

[15] Muḥyī al-Dīn ibn Ilyās Jawīzāda, al-Īthār li-Ḥall al-Mukhtār, ed. Ilyās Qablān (Istanbul: Maktabat al-Irshād, 2016), 4:98.

[16] Muḥammad ibn ʿAlī al-Ḥaṣkafī, al-Durr al-Mukhtār (Lebanon: Dār al-Kutub al-ʿIlmiyya, 2002) 197.

[17] I am usually disinclined to list names of jurists in this manner when relating who held a specific legal opinion. One reason for this is that it creates the mistaken illusion that every one of these jurists came to this conclusion on the basis of their individual ijtihād when it may in fact simply be an exercise in taqlīd. Thus, one finds that most of these authors merely relate verbatim those who preceded them without any additional comments. However, it still indicates that these jurists accepted the ruling in question as the position of the school without qualms.

[18] When does a fetus qualify as a ‘person’ or a ‘human’? What are the necessary and sufficient features for personhood? Does personhood correspond to the beginning of life? If not, when does life begin? How is this connected to ensoulment? When does ensoulment occur? When does a fetus have moral standing? What is the nature of this moral standing over the course of a pregnancy? These are central questions in classical and modern debates on abortion. Sometimes, one finds that ‘person’, ‘human’, ‘life’, and related terms, are not properly defined, which is a problem given that conclusions regarding abortion are often premised on their proper conceptualization. Further, when attempts at proper definition are undertaken, people naturally come to different conclusions. For example, some modern pro-life philosophers argue that ‘persons’ are individuals of a rational nature and a fetus has no capacity for sentience, at least not until mid-gestation. Conception, therefore, cannot mark the beginning of a person. Yet even here, some scholars note that the fetus is a potential person. Therefore, it has some moral value and standing, but others counter with a “person-affecting restriction” that argues that merely potential people possess no moral claims. Some people work under material assumptions regarding the nature of the mind and opine that a moral person must be a ‘self’ and a necessary condition for something to be a self is some form of electrical brain activity. The bioethicist, Baruch Brody (d. 2018), also relied on this criterion of brain waves in his conception of personhood. Jane English presents a range of features or ‘factors’ that she views as being found in typical conceptions of a person: biological, psychological, rationality, social, and legal. There are religious conservative thinkers who define being human on the basis of genetics. John T. Noonan stated, “The positive argument for conception as the decisive moment of humanization is that at conception the new being receives the genetic code. It is this genetic information which determines his characteristics, which is the biological carrier of the possibility of human wisdom, which makes him a self-evolving being. A being with a human genetic code is man.” Many religious conservatives also maintain that there is no moment during pregnancy that can be identified as conferring moral significance on the unborn, i.e. it possesses moral standing before birth and after. Thus, brain waves, sentience, quickening, viability, physical human form, etc., are given no consideration as points at which moral standing is affirmed for the fetus and prior to which it is denied. For important early works on this topic see John T. Noonan, The Morality of Abortion: Legal and Historical Perspectives (Cambridge, MA: Harvard University Press, 1970); Jane English, “Abortion and the Concept of a Person,” Canadian Journal of Philosophy 5, no. 2 (1975): 233-43; Baruch Brody, Abortion and the Sanctity of Life (Cambridge, MA: The MIT Press, 1975); Stephen Buckle, “Arguing From Potential,” Bioethics 2, no. 3 (1988): 226–253; Mary Anne Warren, Moral Status: Obligations to Persons and Other Living Things (New York: Oxford University Press, 2000); Michael Tooley, Abortion and Infanticide (Oxford: Clarendon Press, 1983); Richard Warner, “Abortion: The Ontological and Moral Status of the Unborn,” Social Theory and Practice 3 (1974). The literature on this is vast.

Classical jurists of Islam were guided fundamentally by revelation in their answers to these questions, but they still had substantial disagreements. Some identified a fetus as a person from the moment of conception, others as potentially so, yet others as a person only when its physical features became discernible, while some seemingly assigned no status to it at any fetal stage prior to ensoulment. When it came to ensoulment, the majority said this occurred at 120 days, while others said 40 days. Some equated ensoulment with personhood, while others distinguished between them. There were other conceptual frames utilized in discussions concerning the fetus as well, such as dhimma and ḥuqūq, being ‘animate’ or ‘inanimate’, a constituent part (juz’) of the mother or a separate self (nafs), and so forth. This occasioned a degree of ambiguity regarding the moral standing of the fetus at various stages of pregnancy. For example, Imām al-Ghazālī prohibited abortion at all stages of pregnancy but stated that the sin of doing so is less severe in earlier stages than later ones. Some jurists deemed it permissible to undergo an abortion due to a minor excuse in the first 40 days, requiring a more serious excuse from that point up until 120 days, and impermissible in all but the direst of situations following ensoulment. The fetus, therefore, seems to have a diminished moral standing at the beginning of the pregnancy and full moral standing post-ensoulment even in the eyes of jurists who affirmed personhood from conception. This is also reflected in rulings concerning financial compensation (ghurra) and expiation (kaffāra) owed by someone who causes a woman to miscarry. Meanwhile, many Ḥanafīs seemed to have assigned no moral status to the fetus before it had a discernible human form. The moral standing of the fetus was also influenced by the manner of conception with some jurists suggesting that a fetus conceived out of wedlock was not similar to a fetus that was conceived through a religiously sanctioned relationship. Besides revelation, observation played an important role in these determinations, as did the specific legal traditions jurists operated within. Today, science and embryology have guided the conclusions of many scholars, which has raised questions regarding the epistemological and interpretive value of the former. There is arguably a need to go beyond limited legal conceptions of personhood and life and engage in deeper theological and philosophical discussions on this matter.

[19] This ruling was consistent with several others in the school regarding whether a miscarried fetus is named, shrouded, and washed, whether a miscarriage concludes the waiting-period of a pregnant woman, and even whether a fetus is resurrected in the next-life. These rulings, among others, returned to whether the miscarried or stillborn fetus was actually considered a child/person, which in turn related to the formation and discernibility of its physical features. I believe this strengthens the view that discernibility of physical features was the main criterion for personhood in the Ḥanafī school. For some of these rulings see Muḥammad ibn al-Ḥasan al-Shaybānī, al-Aṣl, ed. Mehmet Boynūkālin (Beirut: Dār Ibn Ḥazm, 2012), 1:296, 4:415, 481, 5:144. This interconnectedness of legal doctrine, or its organic unity, is expressed in a famous aphorism, “The law is a seamless web.” These discussions are also present in the other three legal schools.

[20] Abū Muḥammad ʿAbd al-Wahhāb ibn Wahbān, ʿIqd al-Qalā’id wa-Qayd al-Sharā’id, ed. ʿAbd al-Jalīl al-ʿAṭā (Damascus: Maktabat al-Fajr, 2000), 195.

[21] Zayn al-Dīn ibn Nujaym, al-Baḥr al-Rā’iq (Cairo: al-Maṭbaʿa al-ʿIlmiyya, 1893; reprint by H.M. Saeed, n.d.), 3:215.

[22] Muḥammad Amīn ibn ʿĀbidīn, Radd al-Muḥtār (Būlāq: al-Maṭbaʿa al-Kubrā al-Amīriyya, 1323 A.H.), 2:388-89.

[23] The Hidāya mentions that a child conceived out of wedlock is still muḥtaram and so cannot be aborted. Imām ʿAbd al-Ḥayy al-Lakhnawī mentions that this only applies to a fetus that has reached the stage of post-discernibility. He then goes onto state that the fatwā position in his time is that it would be permissible pre-discernibility and post-discernibility. See Burhān al-Dīn al-Marghinānī, al-Hidāya Sharḥ Bidāyat al-Mubtadī maʿa Sharḥ al-ʿAllāma ʿAbd al-Ḥayy al-Lakhnawī, ed. Naʿīm Ashraf Nūr Aḥmad (Karachi: Idārat al-Qur’ān wa’l-ʿUlūm al-Islāmiyya, 1417 A.H.), 3:25.

[24] Muṣṭafā Zarqā, Fatāwā (Damascus: Dār al-Qalam, 2010), 285.

[25] Maḥmūd Ḥasan Gangohī, Fatāwā Maḥmūdiyya (Karachi: Idārat al-Fārūq, 2009), 18:321.

[26] Sayyid Muḥammad Salmān Manṣurpūrī, Kitāb al-Nawāzil (Muradabad: al-Markaz al-ʿIlmī lil-Nashr wa’l-Taḥqīq, 2016), 16:248-81.

[27] Muftī Raḍā’ al-Ḥaqq, Fatāwā Dār al-ʿUlūm Zakariyya (Karachi: Zam Zam Publishers, 2015), 6:756.

[28] Ibid., 6:755.

[29] Ibid., 6:763.

[30] Zubayr Aḥmad Qāsmī, “Khāndānī Manṣūbabandī,” in Jadīd Fiqhī Mabāḥith (Karachi: Idārat al-Qur’ān, 2009), 1:332.

[31] Ibid., 1:331-32.

[32] Khālid Sayf Allāh Raḥmānī, Kitāb al-Fatāwā (Karachi: Zam Zam Publishers, 2008), 6:218-226

[33] The relied-upon position in the Mālikī school prohibits abortions almost entirely even if done prior to ensoulment, which Mālikī jurists opine as occurring at 40 days.

[34] https://renovatio.zaytuna.edu/article/when-does-a-human-fetus-become-human

[35] Yūsuf al-Qaraḍāwī, Fatāwa al-Muʿaṣara (Cairo: Dār al-Qalam, 2005), 2:541-50.

[36] ʿAbd Allāh ibn Bayya, Ṣināʿ at al-Fatwā wa-Fiqh al-Aqaliyyāt (UAE: Masār lil-Tibāʿa wa’l-Nashr, 2018), 577-78.

[37] Wahba al-Zuhaylī, al-Fiqh al-Islāmī wa-Adillatuhu (Damascus: Dār al-Fikr, 1985), 3:557.

[38] The delineation and explanation I have presented here should not be seen as a comprehensive exposition of the concepts being discussed. Rather, it should be seen as a basic explanatory framework to understand the problem I wish to highlight in the next section. I have intentionally left out many details surrounding fatwā, siyāsa, taqlīd, etc., for the sake of the average reader.

[39] Muḥammad Kamāl al-Dīn al-Rāshidī, al-Miṣbāḥ fī Rasm al-Muftī wa-Manāhij al-Iftā’ (Deoband: Ittiḥād Book Depot, n.d.), 61-62 in the Takmila; Ibn Bayya, Ṣināʿ at al-Fatwā, 28-29, 230.

[40] al-Rāshidī, al-Miṣbāḥ, 28.

[41] ʿ Abd al-Malik ibn Yūsuf al-Juwaynī, Kitāb al-Irshād ilā Qawāṭiʿ al-Adilla fī Uṣūl al-Iʿtiqād, ed. Aḥmad ʿAbd al-Raḥīm (Cairo: Maktabat al-Thaqāfa al-Dīniyya, 2009), 210-11. This is admittedly a simplification of a very complex debate on the role of reason, its meaning and limitations, its relationship to revelation, deontological vs teleological theories of Islamic normative ethics, and more. These were issues of fundamental debate between the great theological schools, namely the Ashʿarīs, Māturīdis, and the Muʿtazila.

[42] Ibrāhīm ibn Ḥusayn Bīrīzāda, ʿUmdat Dhawī al-Baṣā’ir li-Ḥall Muhimmāt al-Ashbāh wa’l-Naẓā’ir, ed. Ilyās Qablān & Ṣafwat Kawsa (Istanbul: Maktabat al-Rushd, 2016), 2:415.

[43] This is also seen in the tradition of rukhas, or dispensations, and ḥiyal, or legal stratagems/loopholes.

[44] From his Paradigms of Leadership (6) lecture series.

[45] Ibrāhīm ibn Mūsā al-Shāṭibī, al-Muwāfaqāt, ed. Mashhūr Ḥasan (Cairo: Dār Ibn ʿ Affān, 1997), 1:520.

[46] For reference to this see Ibn Bayya, Ṣināʿ at al-Fatwā, 273-75.

[47] One might state that these people are simply engaging in a form of taqlid. This is fair, but there is still a level of diligence and rigor expected from anyone who wishes to publicly opine on a matter of such nature.

[48] https://www.cdc.gov/mmwr/volumes/67/ss/ss6713a1.htm

[49] Take the following statements made by Judith Thomson in her well-known defence of abortion, which continues to be loudly echoed by the pro-choice movement: “My own view is that if a human being has any just, prior claim to anything at all, he has a just, prior claim to his own body” and “No doubt the mother has a right to decide what shall happen in and to her body.” The violinist analogy she forwards, among others, expresses this point quite clearly. See Judith Jarvis Thomson, “A Defense of Abortion,” Philosophy & Public Affairs 1, no. 1 (1971): 48, 54.

[50] The sociologist Kristen Luker noted over three decades ago that pro-life and pro-choice activists were mainly divided due to their differing views on the meaning of sexuality, motherhood, and the role of women. See Kristin Luker, Abortion and the Politics of Motherhood. Berkeley (California: University of California Press, 1984), especially Ch 7.

[51] Compassion in Dying v. Washington, 850 F. Supp. 1454 (WD Wash. 1994). This was unanimously overturned by the Supreme Court in 1997.

[52] The phrase ‘sanctity-of-life’ has featured prominently in theological, political, and biomedical ethical discussions related to abortion and end-of-life questions. Some members of congress, for example, have tried repeatedly to introduce a ‘Sanctity-of-Life Act’ to protect the unborn. However, the origins, meaning, and application of the phrase remain unclear and heavily debated. For a basic overview see the edited volume Sanctity of Life and Human Dignity (Boston: Springer Dordrecht, 1996).

[53] al-Qaraḍāwī, Fatāwa al-Muʿaṣara, 2:609-13.

[54] Ibn Bayya, Ṣināʿ at al-Fatwā, 273.

[55] The Federal House Bill 1257 that passed in 2015 as the Rape Survivor Child Custody Act cites between 25,000 and 32,000 pregnancies from rape annually but this is almost certainly an underestimate.

[56] For details on these and other related statistics see https://www.cdc.gov/violenceprevention/pdf/2015data-brief508.pdf.

[57] For detailed information regarding state statutes and provisions on the termination of pregnancy in contexts of children born as a result of sexual assault see http://www.ncsl.org/research/human-services/parental-rights-and-sexual-assault.aspx

[58] For statistics on this see the Department of Justice Criminal Victimization analysis (revised, 2018) at https://www.bjs.gov/content/pub/pdf/cv16.pdf. There are several reasons why women choose not to report such crimes, which include fear of retaliation, shame and guilt, and a belief that police will not be able to help them.

[59] For a brief discussion on existing research around rape myths see Olivia Smith & Tina Skinner, “How Rape Myths Are Used and Challenged in Rape and Sexual Assault Trials,” Social & Legal Studies 26, no. 4 (2017): 442-45.

[60] Rachael Kessler, “Due Process and Legislation Designed to Restrict the Rights of Rapist Fathers,” Northwestern Journal of Law and Social Policy, no. 10, vol 1 (2015): 199-229.

[61] There is a sensitive discussion surrounding the definition of rape in Islamic law specifically as it relates to intimate married partners. I have ignored this issue because it would distract from the main purpose of this article.

[62] https://www.nationalreview.com/2016/01/abortion-roe-v-wade-unborn-children-women-feminism-march-life/

[63] There have been initiatives in the Muslim community directed at addressing these pressing issues, such as the work of Dr. Aasim Padela of the University of Chicago and his Initiative on Islam and Medicine, Dr. Rafaqat Rashid and the work of al-Balagh Academy, Dr. Mansur Ali of Cardiff University and his research on bioethics, and several others. This is not to mention the many individuals who have tried to create practical spaces to assist people who may find themselves in difficult life circumstances. While there is much more to do, the efforts of these people should not go unnoticed.

The post Reflections on Muslim Approaches to the Abortion Debate: The Problem of Narrow Conceptualization appeared first on MuslimMatters.org.

14 Short Life Lessons From Studying Aqidah

13 August, 2019 - 13:02

I sit here in the Jordanian heat, with a kufi on and prayer beads in my hand. I watch as young kids play soccer with their kufis and kurtas on in the streets. They go on and on until the Adhan interrupts their game. I think of how different the kids back home in the United States are. Due to the rules for living in this quaint Jordanian neighborhood, the kids are not allowed to play video games, use social media, or watch television. This is the Kharabsheh neighborhood on the outskirts of Amman, Jordan.

I have spent the past two months living in this community. It is a community so similar to, yet so different from any community I have ever lived in. In many ways, it is just like any other community. People joke around with one another, invite people over for dinner, have jobs, go to the gym, and do other pervasive events of everyday life. But in many other respects, the community is different from most in the world today. Many of those living here are disciples (mureeds) in the Shadhili Sufi order. Sufism has faced a bad reputation in many parts of the world today. The stereotype is that Sufis are either not firm in their commitment to religious law (Sharia), or lax in their understanding of Islamic theology (aqidah). Far from the stereotype, I have never met any people in my life more committed to the Sharia. Nor have I ever met people so committed to staying true to Islamic orthodoxy. Just in seemingly mundanes conversations here in Kharabsheh, I find myself learning a plethora of life lessons, whether that be in regard to Islamic jurisprudence, the ontology of God, or the process of purifying one’s heart.

I have compiled a list of a few lessons I learned in studying an elementary aqidah (theology) text with a disciple of Shaykh Nuh, who is a scholar of theology and jurisprudence in himself. Without further adieu, here are some of the lessons I learned.

1) If you want to know the character of a man, ask his wife. People may think someone is great, but his wife will tell you how he actually is. One of the greatest proofs of the prophethood of the Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) is that he had 11 wives over his lifespan and they all died upon Imaan (faith).

2) Humans are never static. We are always incrementally changing. No one changes in anything overnight. People are either gradually getting better, or gradually getting worse. Every day, you should sure that you are always improving. Do not get worse. If you only pray your Fard(mandatory) prayers, start to pray Sunnah(recommended prayers). If you are already praying your Sunnah prayers, improve the quality of your prayer or pray nafl (optional prayers).

3) Hope in the Mercy of God, and fear of His Justice, are two wings that we need to balance. If one has too much hope, they will become complacent and think they can refuse to follow God’s rules, and do whatever they want, because God is Merciful. If one has too much fear, they will give up. They will inevitably sin (as all humans do), and lose all motivation to better themselves.

4) The believer has great hope in the Mercy of God, while also great fear in His Justice. It is an understanding of “If everyone were to enter Heaven except for one person, I would think that person is me. And if everyone were to enter Hell except for one person, I would think that person is me.”

5) Whether we do something good or bad, we turn to God. If we do something good, we thank God (i.e. say Alhamdulillah). If we do something wrong, we turn back to God(i.e. say Astagfirullah and/or make tawbah).

6) Everyone should have a healthy skepticism of their sincerity. Aisha (May God be pleased with her) said: “Only a hypocrite does not believe that they are a hypocrite.”

7) You are fighting a constant war of attrition with your carnal desires. Your soul (ruh) and lower self (nafs) battle it out until one party stops fighting. Either your soul gives up and lets your carnal desires overtake you, or your carnal desires cease to exist (i.e. when your physical body dies). Wage war on your carnal desires for as long as you live.

life lessons, aqidah

8) The sign of guidance is being self-aware, constantly reflecting and taking oneself to task. The evidence of this is repenting, and thinking well of others. If we find ourselves making excuses for our actions, refusing to repent for sins, or thinking badly of others, we need to change that.

9) The issue with religious people is that they are often tribalistic and exclusivist. The issue with secular people is that they often have no clear meaning in life, and are ignorant of what lies beyond our inevitable death. One should be able to cultivate this meaning without being tribalistic or arrogant towards others, who have not yet been given guidance.

10) There are philosophical questions regarding free will and determinism. But it is ultimately something that is best understood spiritually. An easy first step is to understand the actions of others as predetermined while understanding your response as acts of free will. This prevents one from getting too angry at what others do to them.

11) Always think the best of the beliefs of other Muslims. Do not be in a rush to condemn people as heretics or kuffar. Make excuses for people, and appreciate the wisdom and experiences behind those who may be seemingly strange in their understanding of things.

12) Oftentimes, people get obsessed with the problems of society and ignore the need to change themselves. We are not political quietists. But we recognize that if you want to turn society around, the first step is to turn yourself around.

13) Do not slam other individuals’ religious beliefs. It leads to arrogance and just makes them more defensive. If you are discussing theology with non-Muslims, be kind to them, even if pointing out flaws in their beliefs. People are more attracted to Islam through people of exemplary character than they are through charismatic debaters or academics that can tear them apart. As my teacher put it rather bluntly, “Don’t slam Christians on the Trinity. No one can actually explain it anyways.”

14) In the early period of Islam, worshipping God with perfection was the default. Then people strayed away and there was a need to coin this term called “Sufism.” All it means is to have Ihsan (perfection or beauty) in the way you worship God, and in the way you conduct each and every part of your life.

The post 14 Short Life Lessons From Studying Aqidah appeared first on MuslimMatters.org.

Mass Shootings in America: All of the Above

9 August, 2019 - 21:47

We express our deepest condolences to the families of those who have perished in the latest instances of mass slaughter in our public square, this time in El Paso, Texas and Dayton, Ohio. We further pray that all of those wounded recover from their injuries. This violence, which can increasingly be described as American as apple pie, is a tragic example of a society wrestling with a debilitating spiritual disease.

Just as tragic as the violence are the narrow, mutually exclusive frames that seem to trap our pundits, polemicists, and politicians when attempting to meaningfully analyze what is happening. Liberals declare the problem is rooted in racism, aided and abetted in part by the President’s rhetoric and actions, along with a lack of any meaningful gun control. Conservatives say it is an issue whose root cause is found in mental health, video games, and the erosion of the family. Each side dismisses the arguments of the other. If we are fair, we must admit that all of the above-mentioned factors, and perhaps others, contribute to the problem.

Anyone who dismisses the rhetoric and actions of President Trump as a factor contributing to the climate of racial and anti-immigrant animosity growing in this country cannot be taken seriously. Certainly, not all of the now 251 mass shootings that have occurred in the country this year were racially motivated. For those that were, it is clear from the screeds left by the perpetrators of these atrocities, their online activity, the groups and individuals they identify with, as well as the warped ideology they espouse that there is an overlap between their words and ideas and many of those expressed by the President. That overlap is owed to a conscious policy pursued by President Trump.

The President understands that there are large numbers of radical White nationalists who, like many on the extreme left, have become disenchanted with mainstream politics as well as the two mainstream parties. He knows that they can be encouraged to become supporters of the Republican Party if the Republican Party supports them. Encouraged by the likes of Steve Bannon and Steve Miller, Trump sends messages to this growing constituency to ensure that issues concerning them will be represented by his administration. Hence, rhetoric and policy prescriptions formerly confined to the dark dungeons of the internet have become mainstreamed under the current administration.

It is not the least ironic that the very day of the El Paso shooting, President Trump retweeted a message from the fear-mongering, hate-inspiring, British anti-Muslim bigot, Katie Hopkins. Among other things, Hopkins, has called for a “final solution” for Muslims in the aftermath of the suicide bombing of a Manchester pop concert in 2017. This past May, when an audience member at one of his rallies shouted, “shoot them” in response to Trump’s question as to how to stop migrants from entering the country, the President joked approvingly. His effort to end birth right citizenship and his staunch support of voter suppression, both designed to undermine the growing political strength of expanding minority populations, can only be described as racially motivated.

Such actions, coupled with the President’s words decrying immigrant populations as rapists, murderers, and invaders, calling for a ban on Muslims entering the country, his praise and support for white nationalists, both nationally and globally, his describing countries the US has historically helped to under-develop, such as Haiti, as s—t hole countries and a long list of other open and “dog-whistle” racist statements send a clear message to racists that bigoted hatred is not only fine, it has an ally in the White House.

Many failed to grasp Trump’s racism because they do not fully realize its nature. The brilliant African American novelist, Toni Morrison, who passed away earlier this week, captured the essence of racism when she said, “Racism is not a goal it is a path, a path to power and money, a manipulation and a tool…” Throughout his career and now as President this is exactly what Trump’s racism is and has been.

While it would certainly be a stretch to claim that Trump’s words are directly responsible for the actions of white supremacist terrorists, it is increasingly incredulous to claim that the President’s rhetoric is not a factor in massacres such as the recent one in El Paso. Words convey meanings and those meanings matter. Consider this recent excerpt from a letter penned by the leaders of the National Cathedral:

Make no mistake about it, words matter. And, Mr. Trump’s words are dangerous. These words are more than a “dog-whistle.” When such violent dehumanizing words come from the President of the United States, they are a clarion call, and give cover, to white supremacists who consider people of color a sub-human “infestation” in America. They serve as a call to action from those people to keep America great by ridding it of such infestation. Violent words lead to violent actions.

It is similarly incredulous to claim that significantly tighter gun control policies, such as strict background checks, bans on assault rifles and large-capacity magazines, would do nothing to stem the growing frequency of deadly mass shootings in America. In response to a shooting that left 35 people dead in Tasmania in 1996, Australia overhauled its gun laws, significantly tightening them. Since then, there has only been one mass shooting in that country, in June of this year. That incident resulted in four fatalities.

Critics of more stringent gun laws will argue that states here in America with tight gun laws do not necessarily experience fewer gun-related fatalities than those with lax laws. I would counter that a uniform national plan would yield significantly different results. What does it mean for California to have tough gun laws when a potential killer can go to Nevada and purchase a weapon banned in California–as happened last month with the Gilroy Garlic Festival shooter.

A seldom-discussed issue is the fact that there was an assault rifle ban in the United States for ten years, from 1994-2004. During that period, overall gun-related homicides were not significantly reduced; however, a recent study (DiMaggio, et al. 2019) concludes that mass shooting fatalities, 86% of which involve assault rifles, were down 70%. That percentage would likely have been much higher had it been accompanied by an effort to get rifles purchased before the ban off the street. It is time for more conservatives to listen to the voices of those on the left who advocate such policies.

So too would those on the left do well to listen to conservatives who are arguing that video games are a major factor in desensitizing young people to killing. Anyone who thinks otherwise should read Lt. David Grossman’s insightful book, On Killing. During World War II, only fifteen to twenty percent of American soldiers engaged in combat would fire their weapons at the enemy. Grossman shows how insights from behavioral psychology, derived primarily from the work of B. F. Skinner and I.P. Pavlov, were employed by the military to raise the firing rate to over 90% in Vietnam. Video game manufacturers employ those same techniques to create in our children the potential to likewise become desensitized killers.

Grossman writes these chilling words, words which should cause us to drop our polarizing political posturing and come together for the sake of our children:

Through operative conditioning B.F. Skinner held that he could turn any child into anything he wanted to. In Vietnam the U.S. armed forces demonstrated that Skinner was at least partially correct by successfully using operant conditioning to turn adolescents into the most effective fighting force the world has ever seen. And America seems intent on using Skinner’s methodology to turn us into an extraordinarily violent society (Grossman, On Killing, p. 316).

We should note that the same psychological techniques employed by the military to turn passive civilians into mindless killers are employed by the makers of video games. While it is certainly true that not all video gamers become mass murderers many if not most of our recent mass shooters have been video game addicts. More research has to been done to establish if there is a direct causal link between video games and mass killings, however, there is enough evidence to suggest that this is an issue not to be glibly dismissed when we examine the causes of the epidemic of mass killings sweeping this nation.

As for mental illness, studies show that the majority of mass shooters, for a wide variety of reasons, suffer from some form of mental illness, the most common being depression, suicidality, and various thought disorders. This is a sensitive issue; however, it is one that must be actively countenanced for this is the area where we find the most easily detectible “red flags” which alert us to the descent of a person into the dark states that give birth to the kinds of atrocities we have been witnessing all too often. Saying this is not to deny the fact that a person suffering from a mental illness is far more likely to be a victim of violence than a perpetrator.

Concerning the breakdown of the family, this factor is oftentimes neglected in the intensifying debate around mass shootings. The most worrying consequence of that breakdown is the eradication of the societal forces that civilize males. Those forces are eroding in the face of a withering assault on the traditional family. One of the justifications for that assault is that the traditional family is currently being blamed for fostering the qualities associated with “toxic masculinity.” Therefore, it has to be destroyed. In fact, masculine toxicity, as defined by those advocating its eradication, can be viewed as a direct result of the unrelenting assault on the traditional family.

That assault is being pushed by those whose stated goal is the destruction of society as we know it. Consider these words by the pioneering feminist activist, Betty Friedan:

The changes necessary to bring about equality were, and still are, very revolutionary indeed. They involve a sex-role revolution for men and women which will restructure all our institutions: child rearing, education, marriage, the family, medicine, work, politics, the economy, religion, psychological theory, human sexuality, morality and the very evolution of the race. (quoted from, New York Times Magazine, March 4, 1973)

In the almost forty years since Friedan issued this declaration of war on the traditional family and society, the forces she helped to lead have wreaked havoc in all of the areas she identified. Perhaps the most worrying reality concerning the war she declared is that those who have assumed leadership after her generation ceded command are exponentially more radical and reckless in their vision for society and gender relations.

The greatest casualty in this war, by design, has been the properly socialized male. By removing the male from his traditional role of a protector and maintainer of women, a role codified in the Qur’an (4:34), we open the door to the uncivilized, barbaric, “toxic” male, adding another factor to the many conditions which make mass shootings possible.

In the prescient words of George Gilder:

Such single males–and married ones whose socialization fails–constitute our major social problem. They are the murderers, the rapists, the burglars, the suicides, the assailants, the psychopaths…         (George Gilder, Sexual Suicide, p. 105)

Hence, we find that virtually all of our recent mass shooters have been males who were unable to affirm their sexuality in normal ways through normal relationships. Like all of the other factors mentioned above, as a society, we will have to address this factor also, no matter how unpopular or controversial.

In conclusion, let me repeat, all of the above factors contribute to the uniquely American problem of mass shootings. To effectively begin to work towards eliminating them, we will need to remove ourselves from the left/right false dichotomy that limits our creativity, civility, and intellectual honesty. That should be easy for members of the “Middle Community.” Our primary objective in how we approach the vexing issues of today should be finding credible solutions and not confirming dead end political orthodoxies. Those solutions do not belong exclusively to the political party advocating them. Let us put aside the stultifying partisan nonsense tearing us apart, claim what is rightfully ours, and put it to work for the betterment of our society.

“The word of truth, wisdom, is the lost property of the believer. Wherever he finds them he has more right to them.”

Prophet Muhammad

Imam Zaid Shakir

The post Mass Shootings in America: All of the Above appeared first on MuslimMatters.org.

Ten Things You Didn’t Know About The Kaaba- Video

9 August, 2019 - 13:18

Every Muslim knows the Kaaba, but did you know the Kaaba has been reconstructed several times? The Kaaba that we see today is not exactly the same structure that was constructed by Prophets Ibrahim and Ismail, may the peace and blessings of Allāh be upon them. From time to time, it has needed rebuilding after natural and man-made disasters.

Watch to learn ten things that most people may not know about the Ka’aba, based on the full article Ten Things You Didn’t Know About the Ka’aba.

The post Ten Things You Didn’t Know About The Kaaba- Video appeared first on MuslimMatters.org.

OpEd: Why We Must Reconsider Moonsighting

9 August, 2019 - 05:53

Ed. Note: We understand that this is a matter of debate in many communities, MM welcomes op-eds of differing points of view. Please use this form.

When the Crescent Committee was founded in 2013, the Muslim community of Toronto was hopeful that this new initiative might resolve the long-standing problem of mosques declaring Eid on different days. This moonsighting organization was to follow global moonsighting as a methodology – if the crescent were to be sighted anywhere in the world, they would declare Eid. Global moonsighting was seen as a potential way of solving the yearly moonsighting debate which local sighting had been unable to solve thus far. It was hoped that this approach would also ensure congruence with Fiqh Council of North America’s (FCNA) lunar calendar which determines the Eid day in advance based on astronomical calculations.

This year, however, all those hopes were put to the test. Early afternoon on June 3rd, the 29th of Ramadan, the Crescent Committee (CC) started receiving reports that the moon was sighted in Saudi Arabia. Given that it was not possible for it to be seen there based on visibility charts, the committee required corroboration from another country in order to declare Eid. As the day progressed, they got reports from Iraq, Nigeria, Brazil, Mali and even from Maryland in the US. All those reports could not be relied upon because either the committee was unable to get in touch with their contacts in those countries or because the reports did not satisfy the criterion they laid out.

As they were sifting through the reports, the CC was shocked to learn that one of its founding members, the Islamic Foundation of Toronto (IFT), had already declared Eid! IFT is one of Toronto’s oldest and biggest mosques and their leadership decided to declare Eid based on the announcement from Mauritania. Mosques following FCNA’s calendar were already celebrating Eid the next day, so IFT thought it best to join with them with hopes of preserving unity.

With one of its own members having declared Eid and mounting pressure from the community given it was past 10 pm, the CC decided to wait to receive the final (hopefully positive) reports from California. This meant having to wait till sunset on the West Coast which would mean midnight on the East Coast. Unfortunately, even from California, there were no confirmed reports. Finally, at midnight, the Committee declared that they would complete 30 days of Ramadan and celebrate Eid on the 5th of June.

Alas, after spending a frustrating day waiting for an announcement till midnight, Toronto Muslims were told that this was going to be another year with two Eids in the city. This year, however, the split was not between proponents of astronomical calculations and moonsighting, but been proponents of the exact same moonsighting methodology!

Solving a 50-year old problem

This year’s debacle in Toronto represents nothing new; Chicago too waited till midnight this year to hear an announcement. There have been numerous failed attempts to unite the moonsighting community. In 1995, the Islamic Circle of North America (ICNA), Islamic Society of North America (ISNA) and the Ministry of Warith Deen Muhammad joined hands to form the ‘Islamic Shura Council of North America’ with hopes of having a unified Eid declaration. Just like the Crescent Committee, this too was eventually disbanded due to dissenting voices. Other examples to unite and better organize moonsighting include the 2007 National Moonsighting Conference in California and the 2009 National Hilal Sighting Conference in New York. These attempts simply haven’t worked because there are far too many independent mosques and far too many moonsighting methodologies – uniting everyone in the absence of a governing authority is nearly impossible.

The story also highlights the three main problems that proponents of moonsighting have struggled to solve for nearly half a century in North America and other parts of the Western world. These can be summarized as follows:

1) Mosques declaring Eid on different days based on differing moonsighting methodologies. This has created notorious divisions within the community and has led to the awkward situation of families, often living in the same city, not being able to celebrate together. It can also lead to endless argumentation within families as to which mosque to follow with regards to this issue.

2) The unpredictability of the Eid date means that Muslims continue to have difficulty taking time off from work and planning family vacations. This problem is particularly challenging for the hourly-waged working-class individuals who work in organizations with little flexibility. The process of having to explain to an employer the complications surrounding Eid declarations can be a source of unnecessary hardship for many. It is not uncommon for many to take off a day which ends up being the ‘wrong day’.

3) Delayed announcements, especially during the summer months, due to process of receiving and verifying reports after sunset. Not knowing whether or not the next day will be a holiday, often until the late evening, has been a continued source of distress for families every year.

It was the desire the solve these very problems that brought together a group of visionary Muslim jurists and astronomers in Herndon, Virginia in 1987. Organized by the International Institute of Islamic Thought (IIIT), the Lunar Calendar Conference was one of the first attempts to find an innovative solution to the problems posed by traditional moonsighting. A detailed history of the events leading up to the conference and its aftermath have been documented before. In short, Muslim scholars and mathematicians continued work on the astronomical lunar calendar for nearly two decades after the conference and it was finally adopted by FCNA and ISNA in 2006.

A valid methodology from the Shariah

While opposition to FCNA’s lunar calendar was quite strong when it was first introduced, there has been growing acceptance of astronomical calculations over the past 15 years as a result of continued research and education on this subject.

The use of calculations to determine the dates of Ramadan is something which numerous reputable scholars have allowed throughout Islam’s history [1]. While this has always been the view of a small minority, championed mainly by scholars in the Shafa’i legal school, it is still based on a sound interpretation of religious texts. The difference of opinion on this issue arises from hadith of the Prophet where he stated,  “If [the crescent moon] is obscured from you, then estimate it” (فإن غم عليكم فاقدروا له ). A detailed exposition in support of calculations from a classical perspective was recently presented by Shaykh Salahuddin Barkat.

Shaykh Musa Furber, one of America’s leading Shafa’i jurists, also comments on the towering figures from our tradition who supported calculations: “Since the time of Imām al-Nawawī, there has been an evident trend within the Shāfiʿī school of law for acceptance for the personal use of calculations for fasting. While a small number of earlier Shāfiʿī scholars did accept it, it seems to have been confined to a small minority within the school. It was not until the time of Imam al-Nawawī (may Allah grant him His mercy) that the opinion amongst scholars of the school started to shift towards accepting calculations as valid and even binding — even if limited to the calculator and whoever believed him. Although al-Subkī (may Allah grant him His mercy) is usually accredited with causing this shift, some scholars credit Imam al-Nawawī’s himself with starting this trend. The opinion was accepted by both Shaykh al-Islām Zakariyā al-Anṣārī and Imām al-Ramlī, though not by Imam Ibn Ḥajar (may Allah grant all of them from His mercy). These imams form the basis for reliable opinions in the late Shāfiʿī madhhab.”

Understandably, this opinion was considered weak and ignored through much of Islamic history. Some limited its scope and allowed it only when the moon was obstructed or for use by experts in astronomy. There really is no need for calculations in Muslim lands where there exists a centralized authority to sight the crescent and there are public holidays for the entire populace. However, in secular countries with Muslim minorities, this position must be revisited as it offers a very practical solution to the crises we find ourselves in.

Only one way forward

According to a 2011 survey of over 600 mosques in the US, the adoption rate of FCNA’s calendar stood at 40%. At the writing of this article nearly 8 years later, this number has likely increased to over 50%. The survey indicated that about 40% of the mosques followed local sighting while the remainder followed global sighting. Given the recent shift towards global moonsighting, it is likely that the moonsighting community is evenly split between the two positions at this time.

These statistics represent the only logical way forward to solve this decades-old problem: the most efficient way of achieving unity is by converging behind FCNA’s lunar calendar. This methodology is the only real solution to the crises we currently find ourselves in. Not only does it address all our needs, but this approach has also shown to provide immense ease and facilitation for Muslim communities that have followed it in the past 15 years.

The moonsighting leadership has failed to unite despite a half-century of effort; it is inconceivable at this point that this would ever happen. Even if it did miraculously happen, 50% of the community would still be following FCNA’s calendar and all three of our main problems will remain unaddressed. Additionally, with the current trend of uniting behind the approach of global sighting, ‘moonsighting’ has largely become an administrative exercise. It involves the hilal committee simply waiting for reports from abroad and trying to ascertain their veracity. Only a handful of communities go out looking for the moon and establish the sunnah of moon sighting in a bonafide sense.

In large communities where differing Eid dates is a reoccurring problem, advocating for the adoption of the lunar calendar must come from the grass-roots level. Muslims most affected by this problem should lobby their local mosques to change their positions and unite behind FCNA’s lunar calendar.

While it may seem impossible to get the leadership of mosques to abandon an old position, it has already been done. In 2015, nine major mosques in the Chicago area set aside their differences and put their support behind the lunar calendar. This is an incredible feat and has created ease in the lives of thousands of people. If similar initiatives are taken in other cities split along lines of lunar dogmatism, it is conceivable that the moonsighting issue could be resolved in North America within the next five to ten years.

The Prophet told us to calculate the moon if it is obscured by clouds. Today, the moon is not obscured by physical clouds but it is clouded by poor judgment, distrust, egotism, disunity, and pride. We must resort to calculations to determine the birth of the new moon, not because it is the strongest legal position or a superior approach, but because our status as minorities in a secular land necessitates it.

References:

[1]  From SeekersGuidance: Scholars upholding this can be traced all the way back to the first Islamic century. The textual basis for this opinion is the hadith narrated by al-Bukhari, “When you see it [the new moon of Ramadan] then fast; and when you see it [the new moon of Shawwal], then break the fast. If it is hidden from you (ghumma ‘alaykum) [i.e. if the sky is overcast] then estimate it (fa-qdiru lahu);” (al-Bukhari, hadith no. 1900). The last verb, fa-qdiru, can be validly understood to mean calculation. Of the scholars who held this, are Abu al-‘Abbas b. Surayj (d. 306/918), one of the leading founders of the classical Shafi‘i school, the Shafi‘i scholar and renowned mystic Abu al-Qasim al-Qushayri (d. 465/1072), the leading Shafi‘i judge Taqi al-Din al-Subki (d. 756/1355), the Shafi‘i legal theorist al-Zarkashi (d. 794/1392), the renowned Maliki legal theorist al-Qarafi (d. 684/1285), and some Hanafi scholars. The late Shafi‘i commentator al-Qalyubi (d. 1069/1659) held that all sighting-claims must be rejected if calculations show that a sighting was impossible, stating, “This is manifestly obvious. In such a case, a person may not fast. Opposing this is obstinacy and stubbornness.” See al-Mawsu‘ah al-fiqhiyyah al-kuwaytiyyah, c.v. “Ru’yat al-hilal,” vol. 22, pp. 31-4. The leading scholar of the late Shāfi‘ī school Muhammad al-Ramli (d. 1004/1596) held that the expert astronomer was obliged to follow his own calculation as was the non-astronomer who believed him; this position has been used by some contemporary Shafi’i scholars to state that in the modern world, with its precise calculations, the strongest opinion of the Shafi’i school should be that everyone must follow calculations; see ‘Umar b. al-Habib al-Husayni, Fath al-‘ali fi jam‘ al-khilaf bayna Ibn Hajar wa-Ibn al-Ramli, ed. Shifa’ Hitu (Jeddah: Dar al-Minhaj, 2010), pp. 819-22. See also the fatwa of the Hanafi scholar Dr Salah Abu al-Hajj (http://www.anwarcenter.com/fatwa/معنى-حديث-لا-تصوموا-حتى-تروا-الهلال-ول) last accessed 9/5/2016) which states, after arguing against relying on calculations, “However, the position of [following] calculations is the position of a considerable group of jurists, so it is a respected disagreement in Islamic law, whereby, if a state were to adopt it, it is not rejected, because the judgment of a judge removes disagreement, and the adoption of a state is [as] the judgment of a judge.

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Kashmir: Gateway in Turmoil

8 August, 2019 - 22:46

A dark day looms over Indian-Administered Kashmir, a Muslim majority region at the heart of a dispute between Pakistan and India. The two countries are at odds over its governance, with direct impact to the welfare and security of the Kashmiri people. On Tuesday 8-6-19, the Indian Parliament passed a bill that strips Kashmir of statehood and places them under indefinite lockdown.

“Kashmiri leaders are appealing to the world to stop the imminent genocide of Kashmiris. Genocide Watch in Washington, DC has already issued a Genocide Alert for India, the so-called “largest democracy in the world” because it has cancelled citizenship of four million Indian citizens, mostly Muslims. This reflects the early stages of a genocide in process.” –Soundvision.com

Kashmir is home to massive energy resources, such as oil and natural gas, non-ferrous metals, uranium, gold, and is abundant in hydropower resources. These too are factors considered in the political movements of India and China. Kashmir’s geopolitical advantages are no secret, and adding China to the political struggle makes three countries trying to benefit from Kashmir’s geographical position.

Kashmir neighbors the Xinjiang Uyghur borders, and China has played a role in both areas. China’s stronghold on Xinjiang revolves around access to Europe and Central Asia. China needs Kashmir to access the Arabian Sea and the Indian Ocean. Kashmir is landlocked between China, Pakistan, and India. Pakistan hopes to use infrastructure built under the CPEC initiative to connect by land directly to both China and Central Asia. With that said, Pakistan wants to take advantage of its geographic positioning by serving as a gateway to Afghanistan, then Central Asia, using the CPEC corridor (the China-Pakistan-Economic-Corridor), which has parts of that corridor that go through Pakistan-controlled Kashmir.

This is upsetting India. India’s ambassador to China, Gautam Bambawale, made a comment in an interview about CPEC saying it “violates our territorial integrity. India believes the CPEC project undermines Indian sovereignty because it passes through a Pakistan-administered part of Kashmir that is still claimed by India.” India also fears the chances of a People’s Liberation Army presence or even a Chinese naval base in Pakistan’s Gwadar seaport, as part of the CPEC corridor.

India has been working on its own project, International North-South Transport Corridor (INSTC), it is intended to link trade routes between India and Central Asia, Russia, and Europe. Unlike its competition (Pakistan and China), India is unable to directly trade through the land to those regions using INSTC. To make this corridor successful, India will need to collaborate with Iran and use their ports.

India needs Kashmir, and Modi is using hateful nationalism to get the people to support his actions. The part of Kashmir that is needed is not under India’s control, and must be occupied in order for India to have direct access to Central Asia, Russia, and Europe. 

Birds of a feather flock together.

Israel’s Minister for Construction and Housing Yifat Shasha-Biton, while addressing a conference of Indian realtors’ body Confederation of Real Estate Developers Association of India (CREDAI), called India an “economic power” with whom Israel shares common values.  India using colonization tactics has made allies with the Israeli government, a master on occupation and oppression. 

“Kashmir is under siege…do not let the enforced silence drown our voices.”:

Please keep the people of Kashmir in your prayers. We cannot sit idly while this occupation continues. SoundVision has shared 5 things anyone in America and Canada can do. 

A message from a Kashmiri

“Around 10 pm, a message flashed across our phones announcing that, as per the request of the central government, all domestic networks were to be shut down indefinitely. All mosques, any place equipped with a loudspeaker, began announcing total curfew from 5 am tomorrow……..

You have stripped us of our rights and incited unrest yet again into a peaceful and beautiful place. This time, I pray, you will not escape the international consequences your actions deserve. Rest assured Kashmiris will not break and Kashmir is not gone. Our stories, our language, our heart and our people are stronger than any country can dream. Even under these circumstances, I am sure inshaAllah one day we will be free. One day, Kashmir will be free.” Sanna Wani via Twitter

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Eid Lameness Syndrome: Diagnosis, Treatment, Cure

7 August, 2019 - 01:28

How many of you have gone to work on Eid because you felt there was no point in taking off? No Eid fun. Have you ever found Eid boring, no different from any other day?

If so, you may suffer from ELS (Eid Lameness Syndrome). Growing up, I did too.

My family would wake up, go to salah, go out to breakfast, come home, take a 4+ hour nap and then go out to dinner. I didn’t have friends to celebrate with and even if I did, I wouldn’t see them because we stuck to our own immediate family just as they did.

On the occasion that we went to a park or convention center, we would sort of have fun. Being with other people was certainly better than breakfast-nap-dinner in isolation, but calling that a memorable, satisfying, or genuinely fun Eid would be a stretch.

I don’t blame my parents for the ELS though. They came from a country where Eid celebration was the norm; everyone was celebrating with everyone and you didn’t have to exert any effort. When they moved to the US, where Muslims were a minority, it was uncharted territory. They did the best they could with the limited resources they had.

When I grew up, I did about the same too. When I hear friends or acquaintances tell me that they’re working, doing laundry or whatever other mundane things on Eid, I understand.  Eid has been lame for so long that some people have given up trying to see it any other way. Why take personal time off to sit at home and do nothing?

I stuck to whatever my parents did for Eid because “Eid was a time for family.” In doing so, I was honoring their cultural ideas of honoring family, but not Eid. It wasn’t until I moved away that I decided to rebel and spend Eid with convert friends (versus family) who didn’t have Muslim families to celebrate with on Eid, rather than drive for hours to get home for another lame salah-breakfast-nap-dinner.

That was a game-changing Eid for me. It was the first non-lame Eid I ever had, not because we did anything extraordinary or amazing, but because we made the day special by doing things that we wouldn’t normally do on a weekday together. It was then that I made a determination to never have a lame Eid ever again InshaAllah.

I’m not the only one fighting ELS. Mosques and organizations are creating events for people to attend and enjoy together, and families are opting to spend Eid with other families. There is still much more than can be done, as converts, students, single people, couples without children and couples with very small children, are hard-hit by the isolation and sadness that ELS brings. Here are a few suggestions for helping treat ELS in your community:

Host an open house

Opening up your home to a large group of people is a monumental task that takes a lot of planning and strength. But it comes with a lot of baraka and reward. Imagine the smiling faces of people who would have had nowhere to go on Eid, but suddenly find themselves in your home being hosted. If you have a big home, hosting an open house is an opportunity to express your gratitude to Allah for blessing you with it.

Expand your circle

Eid is about commUNITY. Many people spend Eid alone when potential hosts stick to their own race/class/social status. Invite and welcome others to spend Eid with you in whatever capacity you can.

Delegate

You can enlist the help of close friends and family to help so it’s not all on you. Delegate food, setup, and clean-up across your family and social network so that no one person will be burdened by the effort InshaAllah.

Squeeze in

Don’t worry if you don’t have a big house, you’ll find out how much barakah your home has by how many people are able to fit in it. I’ve been to iftars in teeny tiny apartments where there’s little space but lots of love. If you manage to squeeze in even two or three extra guests, you’ve saved two or three people from ELS for that year.

Outsource Eid Fun

If you have the financial means or know enough friends who can pool together, rent a house. Some housing share sites have homes that can be rented specifically for events, giving you the space to consolidate many, smaller efforts into one larger, more streamlined party.

Flock together

It can be a challenge to find Eid buddies to spend the day with. Try looking for people in similar circumstances as you. I’m a single woman and have hosted a ladies game night for the last few Eids where both married and single women attend.  If you are a couple with young kids, find a few families with children of similar age groups. If you’re a student, start collecting classmates. Don’t wait for other people to invite you, make a list in advance and get working to fend off ELS together.

Give gifts

The Prophet ﷺ said: تَهَادُوا تَحَابُّوا‏ “Give gifts to increase love for each other”. One of my siblings started a tradition of getting a gift for each person in the family. If that’s too much, pick one friend or family member and give them a gift. If you can’t afford gifts, give something that doesn’t require much money like a card or just your time. You never know how much a card with kind, caring words can brighten a person’s Eid.

Get out of your comfort zone

If you have ELS, chances are there is someone else out there who has it too. The only way to find out if someone is sad and alone on Eid is by admitting that we are first, and asking if they are too.

Try, try, try again…

Maybe you’ve taken off work only to find that going would have been less of a waste of time. Maybe you tried giving gifts and it didn’t go well. Maybe you threw an open house and are still cleaning up/dealing with the aftermath until now. It’s understandable to want to quit and say never again, to relent and accept that you have ELS and always will but please, keep trying. The Ummah needs to believe that Eid can and should be fun and special for everyone.

While it is hard to be vulnerable and we may be afraid of rejection or judgment, the risk is worth it. As a survivor and recoverer of ELS, I know how hard it can be and also how rewarding it is to be free of it. May Allah bless us all with the best Eids and to make the most of the blessed days before and after, Ameen.

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