Translator’s Note
The Bengali translation of the Arabic work written by Allama Yusuf al-Qaradawi, “‘Al–Halal wal Haram fi al-Islam’”—“The Rulings on the Lawful and Unlawful in Islam”—to the Bengali-speaking educated public fills me with sincere gratitude to Almighty Allah. Allah the Exalted previously granted this insignificant person the opportunity to present a Bengali translation of the two large volumes of Allama Qaradawi’s “Fiqh al-Zakat.” I know no words adequate to express my gratitude for this.
Indeed, Yusuf al-Qaradawi is one of the greatest Islamic jurists of the present century—not only I say this; many renowned scholars of our time have openly acknowledged it. All his major and important works irrefutably prove it, just as the two volumes of “The Rulings on Zakat in Islam” published in Bengali, and my own “The Ideal of an Elevated Life,” based on his immortal work “‘Al Iman wal Hayat’,” have made this certain to readers.
The author’s present work is as comprehensive in its discussion as it is unparalleled anywhere in the world’s Arabic, Urdu, or other languages. The author himself has said: This work on the lawful and unlawful is the greatest contribution to Islamic literature worldwide. Every reader will acknowledge that this claim is one hundred percent true. Various parts of the subject are scattered throughout the books of fiqh, but since they were written according to ancient methods, it is difficult for people of the modern age to extract the relevant arguments from them. For the first time, all related matters have been brought together under a single title, with full breadth, logical coherence, and modern methods of research and analysis. As a result, the work has attained the status of an “encyclopedia” of important Islamic subjects. That is why it has been especially acclaimed by scholars throughout the world. The publication of numerous editions of the original Arabic work, along with translations into Turkish and English and the enormous demand for them, proves this beyond doubt.
The importance of the subjects discussed in this work is undeniable. Alongside tawhid and risalah, matters of the lawful and unlawful possess equal fundamental importance. Without distinguishing between the lawful and the unlawful, neither faith nor Islam can be acceptable, nor can a single act of worship be accepted by Allah. I believe that if people fail to observe the distinction between the lawful and the unlawful, their humanity cannot be preserved; rather, their descent to the level of animals becomes inevitable. The author has presented a comprehensive discussion of every relevant aspect and branch of the subject, based on clear and irrefutable proofs and evidence.
The subjects discussed in this book are so important that extensive investigations into them are being conducted in nearly all Islamic centers of thought in the contemporary world. In a word, these are the questions of the modern mind, and this book is a clear and comprehensive answer to those very questions. Many other Islamic thinkers have conducted research on these matters, but it would be no exaggeration to call it unprecedented that this author has presented the fruits of extensive, high-quality, theory- and data-based research through a scientific method. He has maintained complete balance in thought, judgment, and the assignment of priorities—a balance beyond the ability of many.
It was with this high quality of the work in mind that I translated it. I realize that this book is a major contribution toward fulfilling the difficult responsibility entrusted to me: presenting the fully comprehensive and extensive ideals of the religion of Islam to the educated public through the Bengali language. The Islamic Foundation Bangladesh is also fulfilling this responsibility by publishing this monumental work. There is certainly no requirement that the translator agree completely with every conclusion reached in this book.
Muhammad Abdur Rahim
1 May 1984
بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ
Author’s Introduction
A plan was adopted at the Islamic Culture Center located at Cairo’s al-Azhar University for preparing books on various subjects of Islam. In particular, the plan included presenting a broad and comprehensive explanation of Islamic ideals and teachings before Muslims and non-Muslims living in Europe and America. The authorities of al-Azhar themselves invited me to participate actively in this noble plan.
There is no doubt that this plan for preparing books is extremely valuable, and its importance from an ideological perspective is immense. Work on such a plan should have begun long ago. For, in reality, the Muslim populations living in Europe and America know very little about Islam. And even that little knowledge is plagued by various distortions and doubts. Around this time, my Azhar-trained friend traveled through America and wrote to me that a large number of Muslims living in those countries were earning enormous sums by dealing in alcohol and running bars. Yet they had not the slightest awareness that such work is completely haram and a grave sin for Muslims.
He also wrote that Muslim men were taking the daughters of Christians and Jews—even atheists, pagans, and idolaters (heathens)—as wives, while refusing to marry Muslim women.
When this is the condition of Muslims, there is no need to say what the condition of non-Muslims may be. They are seeing only a horrifying outward image of Islam. They have no opportunity to become acquainted with Islam’s intrinsic truth and beauty. Consequently, they have completely lost all respect and reverence for Islam and Muslims (those who claim to be Muslims). In particular, the Christian missionaries who are enemies of Islam and the envious imperialist powers have been presenting this distorted image of Islam to them from time immemorial. For this reason, they have been carrying out extremely vile conspiracies day and night since time immemorial. Yet the Muslim thinkers of the world remain completely unaware and uninformed about this.
Therefore, if our thinkers are now awake and conscious, and this noble program has been planned, then it is extraordinarily blessed and timely, needing no explanation. There is no doubt that it is the duty of every Muslim to provide every kind of help and cooperation in implementing this plan and in this immensely valuable work of Islamic da‘wah. I believe that this work should not merely be centered on “Jami‘ al-Azhar” (al-Azhar University); rather, it should also extend beyond it throughout the entire Muslim world.
The said Islamic Culture Center asked the author to write a book. Its title was given as: “Al-Halal wal-Haram fi al-Islam”—The Rulings on the Lawful and Unlawful in Islam.
At the same time, it was stipulated that the book should contain detailed discussions, be written in an easy-to-understand language, and present comparative discussions in relation to the perspectives of other religions and cultures of the world.
At first glance, the subject of the lawful and unlawful may seem simple, but in reality it is extremely complex. This is especially because no book on this subject has yet been written in religious literature, either in ancient or modern times. Although the materials of the subject are scattered throughout the detailed chapters of tafsir, hadith, and Islamic fiqh, and readers encounter them at various stages while studying those works, bringing all those materials together in a single book is by no means an easy task.
Moreover, the subject is such that the author must reach a final, independent judgment on many matters concerning which the scholars of earlier times differed considerably. In addition, the views of the hadith scholars on those matters are not entirely one and identical. Even when giving preference to one view among the various opinions concerning the lawful and unlawful, detailed discussion and examination are necessary. Not only that, in a discussion at this level, the discussant must devote himself to seeking the truth with wholehearted sincerity, and this inevitably requires the utmost effort.
Contemporary writers, researchers, and authors on Islam may be divided into two groups:
Regarding one group, it may be said that the glitter of Western civilization and culture has dazzled their eyes. Not only that, they have regarded Western civilization and culture as a great deity. Declaring complete allegiance to it, they have immersed themselves in its worship, devotion, and adoration. They are also offering that deity the implements of worship and gifts and presents with single-minded devotion. Before it, their eyes remain fearful, terrified, and lowered. They have accepted everything produced by Western civilization and culture as absolute truth and something to be followed forever. They are not at all prepared to disagree with it, adopt a different view, or refute an opposing opinion. Whenever they find agreement with something, they cry out in jubilant delight. Wherever they observe contradiction, they undertake some sort of reconciliation or synthesis, or begin speaking apologetically on behalf of Islam, or offer an interpretation that distorts Islam and has no real connection with it. This makes their belief clear: Islam has nothing to say against Western civilization, culture, and philosophy. From their statements on portraits, pictures, images, sculpture of living beings, usurious business, secluded intimate meetings with unrelated women, women’s rebellion against their femininity, and men’s use of gold and silver ornaments, I have clearly detected this attitude. Their attitude is no different regarding Islam’s permission for divorce and for taking more than one wife at a time. It seems they believe that whatever the West has declared lawful must be lawful, and whatever it has declared unlawful must be unlawful, whereas Islam is an independent worldview, a law revealed by Almighty Allah, and Allah’s law must prevail above all and conquer all—this is what is desirable. They have completely forgotten that Islam itself must be followed; it cannot follow anyone or anything else. Allah alone is the Master, and all others are servants. The Master can never agree to follow the servant or remain subject to him. Why should the Creator submit to the created? Allah Himself has said:
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The truth is this: if Almighty Allah were to follow people’s whims, then the heavens, the earth, and everything in them would all fall into utter disorder.
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Say: Is there any among those whom you associate with Allah who guides to the absolute truth? And say: Is the one who guides to the absolute truth more worthy of being followed, or the one who finds no guidance at all and must himself be guided? Which, then, has greater right in this matter?
This concerns one class of writers and authors. As for the second group, they remain steadfastly attached to a particular view regarding the lawful and unlawful. In this matter, they may have relied on the wording of some book or assumed that this alone constituted Islam. Consequently, they are not prepared to move even an inch from their entrenched belief. They are entirely unwilling even to examine and assess the proofs and evidence of the Shariah on this matter, although a comparative examination and discussion of the evidence for their own and opposing views could have led them to the actual truth.
If these people are asked their view on musical instruments, music, chess, women’s education, women leaving their faces and arms uncovered, and similar matters, they will say or write, “Haram.” In this regard, they have also forgotten what role the scholars of earlier times adopted and what manner or style of speech they followed. For they never called something haram when it was not known with certainty and without doubt to be haram. Rather, they would say, “I do not like it,” or “I detest it,” and so on. In view of this, I decided not to include myself in either particular group. For my religion does not allow me to become a servant of the West or its blind follower. I have accepted Almighty Allah alone as my Lord, adopted Islam as the complete code of my life, and believed that Muhammad (peace be upon him) is Allah’s final Messenger.
Secondly, since my conscience and intellect are still awake and alert, I cannot accept any one fiqh madhhab as final on every matter. For while it may be correct, it is certainly not entirely free from the possibility of error. Imam Ibn al-Jawzi said that the blind follower relies on an unreliable foundation, thereby rendering conscience and intellect completely useless. The faculties of reason, intellect, thought, and judgment are noble qualities granted by Allah to human beings. When the principle of taqlid, or blind following, is adopted, one deprives oneself of all the benefits of this noble quality. If someone holding a torch of light extinguishes it and begins walking in darkness, such absurd conduct can in no way be considered reasonable.
For this reason, I have not attached myself to any particular madhhabi group. In my view, the actual truth is not confined to one particular madhhabi opinion. The imams of these established madhhabs in the world never claimed to be infallible and sinless. In reality, they were mujtahids who exerted themselves to the utmost in seeking the truth. If they made an error, they will receive one reward; and if they succeeded in expressing a correct judgment through ijtihad, they will receive double reward. Indeed, this is the recognized status of sincere and disinterested truth-seeking in Islamic knowledge and scholarship.
Imam Malik, may Allah have mercy on him, said:
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The status of all human beings other than the Noble Prophet is that some of what they say may be accepted and some may be rejected.
Imam al-Shafi‘i, may Allah have mercy on him, said:
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My opinion is correct, though it may be mistaken; and the opinions of others are mistaken, though they may be correct.
For a knowledgeable Muslim who possesses the ability and means to comparatively discuss and examine different opinions in matters of knowledge and to give preference to one of them, it can in no way be desirable to remain confined to one particular madhhab among the madhhabs or to become a blind follower of the opinion of a particular expert in fiqh. Rather, it is his duty to adopt the principle of proceeding on the basis of proofs and evidence. He should then follow whichever proof is correct and whose evidence is conclusive. Anything whose chain of transmission is weak or whose conclusiveness is unproven should readily be discarded. Therefore, if such an opinion has been adopted, it too should certainly be abandoned. Hazrat Ali, may Allah be pleased with him, said as a maxim:
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Do not try to recognize and know the truth by looking at people. Rather, try to know and recognize the truth as truth, and on that basis seek out the people who uphold it.
I did my utmost to follow the instructions of the Cultural Council of al-Azhar. I tried to examine every subject on the basis of evidence and, through comparison, to give preference to one view in light of its fundamental cause. At this stage, I made full use of the thoughts, ideas, knowledge, and information of the modern age. In every instance, I found Islam’s perspective radiant and founded on irrefutable reasoning and evidence. And this is natural, for Islam is the religion of all humanity. Allah Himself has said:
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The color of Allah. And who is better in color than Allah?
The matter of the lawful and unlawful is eternal. Since ancient times, this question has emerged as extremely important in the life of every nation. However, the differences regarding the extent and nature of what is unlawful cannot be denied. Of course, the reasons for them also differ. The perspective at this level is deeply connected with each nation’s foundational beliefs and faith, as well as its age-old customs and traditions.
In later times, the great heavenly religions presented the laws and regulations of the Shariah. The matter of the lawful and unlawful was necessarily included in them. After accepting faith in the religion, the matter was no longer merely one of custom, group practice, or convention. It was then elevated to the level of a human ideal. Yet in many areas of determining what was lawful and unlawful, the outlook and inclinations of contemporary society were reflected. With changing circumstances, the lawful and unlawful also changed. The influence of changing times could not be denied either. For example, many things were temporarily unlawful in Jewish society. Allah the Exalted punished the Children of Israel for transgressing those prohibitions, although that unlawfulness was not eternal. The words that Jesus, peace be upon him, addressed to the Children of Israel are quoted in the Qur’an as follows:
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Confirming the truth of the Torah that preceded me, and to make lawful for you some of what had been made unlawful for you.
Later, when the religion of Islam was revealed, humanity had attained maturity and had become fit to receive the final contribution of prophethood and messengership. Then Allah Most High revealed the eternal and everlasting laws of Islam, the final Shariah. Surah al-–Ma’idah’s verse, after mentioning various prohibited foods, Allah Most High proclaimed this very fact in the following words:
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Today I have perfected your religion for you, completed and perfected My favor upon you, and chosen Islam for you as your religion.
Indeed, the concept of halal and haram in Islam is exceedingly simple, straightforward, and clear. The matter of halal and haram is also part of the trust that the heavens and the earth declared themselves unable and unwilling to bear from Allah, whereas man eagerly accepted it upon his shoulders. That trust is the observance of the laws and regulations given by Allah and the bearing of the trust of representing Allah on earth. This is a difficult and burdensome responsibility. On the basis of accepting this responsibility, man will be given reward or punishment on the Day of Resurrection. In order that man might properly bear the burden of this trust and be able to fulfill the responsibilities related to it, Allah Most High granted him conscience, intellect, and free will, sent prophets and messengers, and revealed His mighty scriptures as a code of life. In such circumstances, man has no right to ask why laws of halal and haram were prescribed for him, or why he was not left free and unrestrained. In fact, this is a corollary of Allah’s system of testing. It has been imposed only upon man. From among Allah’s countless creatures, only the human race has been selected and chosen for this purpose. For man is not merely a ‘soul,’ like the angels, nor is he composed solely of desire and lust, like animals. Man is a combination of the two—an exceedingly well-balanced creation. By elevating this composite self, man can attain the rank of the angels and may even become better and more elevated than them. At the same time, by sinking into the lowest mire of degradation, he can descend to the condition of animals or to one even lower and more despicable than theirs.
From another perspective, the matter of halal and haram continually revolves in the firmament of Islamic Shariah law. It is founded upon securing human welfare and removing harm and misfortune. Its purpose is to make human life orderly, beautiful, and easier. Just as this law prevents every calamity on the one hand, it activates every benefit on the other. Its ultimate objective is the comprehensive welfare of all humanity. The welfare of the soul, the welfare of the body, and the soundness of the conscience and intellect all lie in observing this law. Although people are divided into different nations, races, countries, times, and circumstances, they can all benefit from this law.
This law is an inseparable part of the religion of Islam. This religion was revealed as a vehicle of comprehensive welfare and mercy for all humanity. Allah Most High said this while addressing His final Messenger:
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We have sent you only as a mercy to all the worlds.
The Messenger himself, peace be upon him, also said:
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Indeed, I am nothing but a consummate mercy.
As a result of this mercy, Allah has lifted from this final ummah all forms of hardship, severity, and rules of austerity. He has also freed them from the ugliness of the principle that ‘everything is permissible—nothing is prohibited.’ In their pursuit of austerity and hardship, idolaters and certain groups belonging to the People of the Book have declared all kinds of pure and wholesome things forbidden for themselves, while declaring many vile and repulsive acts or things ‘halal’ for themselves. Allah Himself said:
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My mercy encompasses everything. I shall prescribe it especially for those who fear Allah, pay zakat, and believe in Our signs—those who follow the unlettered Prophet. They find him mentioned in writing in the Torah and the Gospel kept with them. This Prophet commands them to do what is good, forbids them from wrongdoing and sin, declares lawful for them all good and pure things, declares unlawful for them all vile, repulsive, and abhorrent things or substances, and frees them from the burden and chains that have weighed upon them from time immemorial.
The two verses on which the Islamic laws concerning halal and haram are based were mentioned at the beginning of this book.
Finally, I believe that the importance of this small book on halal and haram must be recognized. I consider it a significant addition to the field of modern Muslim book production. This book will solve many problems of Muslim life and present to the public correct answers to questions concerning many personal and collective matters. I am firmly convinced that through this book Muslims will learn in detail what is halal for them, what is haram, and what the underlying reasons and wisdom are.
Finally, I would fail in my duty if I did not express my gratitude to the Vice-Chancellor of Jami’ al-Azhar and to the Council of Islamic Culture. It was at their urging that I undertook the preparation of this book.
In Islam–of Halal and Haram
First Chapter
– Definition
– All things are essentially mubah– permissible
– Halal or haram determination solely Allah‘s right
– Declaring halal haram and declaring haram halal is an act of shirk
– Haram things are extremely harmful
– Halal things free people from relying on haram for their needs and dependence
– Whatever is haram’s cause is also haram
– Using stratagems concerning haram is also haram
– Intention being good alone haram things halal become do not।
– Haram things from oneself to protect with the aim of doubtful things avoiding and keeping away
– Haram for everyone is haram
– When necessity becomes acute then many prohibited things too mubah may become
Definitions
Halal: Mubah; that which the Lawgiver has permitted one to do, or has not prohibited.
Haram: That which the Lawgiver has expressly declared prohibited; whoever does it will certainly be cast into Hell in the Hereafter. Often, punishment must also be endured in this world.
Makruh: An act which the Lawgiver has prohibited, but not with great severity. Compared with haram, its prohibition is much lesser and weaker. The punishment due for committing a haram act is not incurred by committing a makruh act. However, if one continues to commit makruh acts, one will have to suffer the punishment for committing haram acts.
Before Islam, people were immersed in extreme misguidance in many respects. The matter of halal and haram was one of them. At this stage, their misguidance took the form of regarding halal as haram and haram as halal. In this matter, the outlook of the ordinary polytheists and the People of the Book—the Jews and Christians—was completely identical. This misguidance had reached two extreme ends. Indian Brahmanism and Christian asceticism had reached the extreme. Those religions which permitted inflicting pain and torment upon the body, and declared the use of fine food and clothing and ornate, luxurious articles to be haram, had likewise reached that extreme. As among some Vaishnava ascetics, even washing the feet and bathing had been designated sinful acts.
In Persia, the Mazdakite doctrine occupied the opposite extreme. According to this doctrine, everything was considered mubah—lawful. Nothing was prohibited. Although human honor and dignity were extremely sacred and worthy of respect in human society, harming or destroying them was not considered wrong in the least from the perspective of this doctrine.
In the Age of Ignorance, the Arabs had adopted a completely erroneous standard for halal and haram. In their view, there was not the slightest fault or objection in such utterly vile acts as drinking alcohol, consuming excessive interest, forming illicit relationships with women or treating them abusively, and killing children. The vile and horrific act of killing children was portrayed as alluring, attractive, and glorious. Consequently, a father’s heart contained not even a trace of tenderness, and nothing could restrain them from this abominable act. It was at this point that the Noble Qur’an said:
وَكَذَٰلِكَ زَيَّنَ لِكَثِيرٍ مِّنَ الْمُشْرِكِينَ قَتْلَ أَوْلَادِهِمْ شُرَكَاؤُهُمْ لِيُرْدُوهُمْ وَلِيَلْبِسُوا عَلَيْهِمْ دِينَهُمْ
And likewise their partners made the killing of their own children seem attractive to many of the polytheists, so that they might ruin them and confuse their religion for them. (Surah al-’An’am: 137)
For this purpose, they fabricated certain statements and tried to establish their legitimacy. These included the fear of want, deprivation, and poverty, and the claim that having a daughter was a cause for shame, among other things. They did not hesitate even to sacrifice their children in order to attain closeness to their deities. It is truly astonishing that, on the one hand, they considered killing their beloved children or burying them alive completely lawful. On the other hand, they declared many kinds of pure and halal crops and animals haram for themselves. And most astonishing of all, they went about proclaiming this prohibition as a religious injunction. Their claim was that Allah Himself had made all these things haram.
But this statement was entirely false and baseless. Allah, the Exalted, refuted their claim, saying:
وَقَالُوا هَٰذِهِ أَنْعَامٌ وَحَرْثٌ حِجْرٌ لَّا يَطْعَمُهَا إِلَّا مَن نَّشَاءُ بِزَعْمِهِمْ وَأَنْعَامٌ حُرِّمَتْ ظُهُورُهَا وَأَنْعَامٌ لَّا يَذْكُرُونَ اسْمَ اللَّهِ عَلَيْهَا افْتِرَاءً عَلَيْهِ ۚ سَيَجْزِيهِم بِمَا كَانُوا يَفْتَرُونَ
And they said, “These cattle and crops are forbidden; no one may eat them except those whom we wish”—so they claimed. And there are other cattle whose backs have been forbidden, as well as cattle over which they do not pronounce Allah’s name at the time of slaughter, fabricating lies against Him. He will surely recompense them for their fabrications. (Surah al-’An’am: 138)
The Noble Qur’an has stated in clear language that those who have made halal what ought to be haram and made haram what ought to be halal have strayed from the true path. The Qur’an says:
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Those who, out of foolishness and without knowledge or reason, kill their own children and declare haram the provision Allah has given them, holding baseless notions about Allah, have suffered a terrible loss. They have all gone astray and will never receive guidance.
When Islam was revealed, it encountered this very distortion and misguidance in determining halal and haram. It was necessary to establish certain foundations on which the matter of halal and haram could be finally settled. A standard had to be determined for this purpose. Every matter was carefully examined against it. A scale of justice therefore had to be set before everyone, and on its basis halal and haram were determined with the utmost balance. As a result, it was fitting to declare the Muslim ummah a “moderate nation”—(Arabic). On one side is the misguided, astray nation; on the other is the nation that distorts—the two being on the right and left. The Muslim nation stands between them. It is free from the faults of both sides. For this reason, Allah also called them the “best nation.” He said that this nation was created for the welfare of all humanity.
1. The basic principle concerning all things is the fundamental principle that– they are mubah
The first fundamental principle of Islam in formulating the rulings of the Shariah is that everything Allah, the Exalted, has created for human beings is halal and mubah. If something has been identified as haram through the definitive, clear, and proven declaration of the Lawgiver, then only that thing is haram. But if no definitive declaration concerning a matter has been established, or if it cannot be known with certainty from any evidence that something is haram, then it will remain in its original state—that of being mubah. It may not be called haram. No weak hadith can be accepted as evidence in this matter.
That everything created by Allah is fundamentally halal is not an invented claim. It is conclusively proven by clear declarations in numerous verses of the Noble Qur’an. A few verses on this subject are quoted here:
هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا
It is He, the Most Glorious, who has created for you (for your enjoyment and use) everything that is on the earth. (Surah al-Baqarah: 29)
وَسَخَّرَ لَكُم مَّا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ جَمِيعًا مِّنْهُ
Allah has placed everything in the heavens and the earth at your service. (Surah al-Jathiyah: 13)
أَلَمْ تَرَوْا أَنَّ اللَّهَ سَخَّرَ لَكُم مَّا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ وَأَسْبَغَ عَلَيْكُمْ نِعَمَهُ ظَاهِرَةً وَبَاطِنَةً
Have you not observed that Allah the Exalted has placed everything in the heavens and the earth at the service of humankind, and has generously poured out upon you His outward and inward—visible and invisible—blessings? (Surah Luqman: 20)
These declarations establish clearly and conclusively that Allah the Exalted created everything in the heavens and on the earth for humankind—for people’s welfare and use—and placed it at their service. In saying this, Allah has informed humankind of His boundless grace toward them. Therefore, everything in the universe must be lawful for people. The use and enjoyment of none of it can be forbidden to them; Allah’s permission extends to everything. All of these are blessings bestowed by Allah. If they were forbidden, what significance could there be in saying that they were created for all people?
However, if Allah Himself has declared some things among all created things to be forbidden, that is a separate matter. If certain things have been forbidden for particular reasons and for particular beneficial purposes, then this must certainly be obeyed. This is merely an exception to the general rule of permissibility, and one must assume that there is surely a reason underlying that exception.
In this context, it may be said that the scope of the forbidden in Islamic Shariah is very narrow, while the sphere of the lawful is vast and broad. This is because the verses declaring things forbidden in clear and decisive language are very few, only a handful. Whatever matters have not been addressed anew in a positive manner—neither declared lawful nor forbidden—will be judged on the basis of this fundamental principle. They will be counted among the things covered by Allah’s forgiveness.
At this point, the declaration of the Noble Messenger (peace be upon him) is also worth mentioning. He said:
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Whatever Allah has declared lawful in His Book is lawful, and whatever He has declared forbidden is forbidden. As for matters concerning which He has remained silent, there is forgiveness in them. Therefore, accept His forgiveness from Allah. For Allah does not forget anything—He cannot have failed to mention something through forgetfulness. As proof of this, he recited: “Your Lord does not forget.” (part of a verse of the Qur’an)
Hazrat Salman al-Farsi narrated:
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When the Noble Messenger (peace be upon him) was asked about fat, butter, cheese, and garments made of the soft hair of animals, he said: Whatever Allah has declared lawful in His Book is lawful; whatever He has declared forbidden in His Book is forbidden. As for matters concerning which He has remained silent, they are among those things which Allah will forgive.
In answer to the question, the Noble Messenger (peace be upon him) did not say anything about each individual item. At this point, he declared an eternal principle—the principle on the basis of which the lawful and the forbidden are determined and ought to be determined. Which things Allah has forbidden can be determined very easily on the basis of this fundamental principle. Thereafter, all matters concerning which no declaration of prohibition is found will be considered lawful.
The Noble Prophet (peace be upon him) said:
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Allah the Exalted has made certain things obligatory, so do not neglect them. He has set certain limits, so do not transgress those limits. He has forbidden certain things, so do not oppose them. And out of grace toward you—not through forgetfulness—He has remained completely silent about many matters. Therefore, do not engage in disputation concerning them. (al-Tirmidhi, Ibn Majah)
At this point, I wish to issue a warning concerning one matter. The statement “Everything is fundamentally permissible” does not apply only to certain goods and commodities. This fundamental principle also applies to all activities, interventions, and courses of action that do not fall among matters of worship. We call these customs, habits, and dealings among people. The basic point regarding these is that they are all, in reality, non-forbidden—lawful without qualification. However, if the Lawgiver has declared an act forbidden or imposed a condition concerning a matter, then it will certainly be forbidden, and that condition must certainly be observed. At this point, Allah declares:
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He has clearly explained to you everything that has been forbidden to you.
This declaration applies to both goods and actions. But the matter of worship is separate and distinct from this. For that is the very essence of religion—the fundamental matter of religion—and it can be learned only through revelation. Anything not known through revelation to be an act of worship can never, under any circumstances, be counted as worship. In this regard, the declaration of the Noble Messenger (peace be upon him) is:
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If anyone introduces into this religion of ours something that is not part of it, it will certainly be rejected. (al-Bukhari, Muslim)
For the true religion is manifested through two acts. The first is that worship is offered exclusively to the One Allah—no one besides Allah is to be worshipped. The second is that the One Allah is worshipped only according to the law given by Allah, and in no other way. Thus, if anyone devises a method or ritual of worship on his own, whoever he may be, it is nothing but misguidance. Believers must reject it, not accept it. For Allah alone is the Legislator of the Shariah. He alone is entitled to be worshipped; He alone can prescribe the methods and rules of worship, and no one else. Worship can be accepted by Him only when it is performed according to the path, method, and rules He has shown; only through such worship can nearness to Allah be attained.
However, people themselves—not the Lawgiver—devise the methods and procedures of ordinary customs and habits, mutual dealings, exchanges, and the like. At this point, the Lawgiver will merely explain which methods, procedures, or rules are sound and proper and which are not. He favors retaining those kinds of practices that are free from disorder and harm.
Imam Ibn Taymiyyah said: The activities of servants relating to their speech and deeds are of two kinds. Some are acts of worship, through which people’s religious condition is rectified. Others are customs and habits, which are necessary in people’s lives for dwelling in this world. From the perspective of the Shariah, acts of worship that Allah has made obligatory or that He loves cannot be established in any way other than through the rulings of the Shariah.
The matter of people’s customs and habits, however, is different. People themselves devise them to meet their own needs. In such innovations, the only question is whether they are contrary to the Shariah. If Allah Himself has raised no objection to a matter, no objection from anyone else can have any significance. Both commands and prohibitions are rulings of the Shariah. Worship consists only of those acts that have been commanded. If He has not commanded something, what right can anyone else have to declare it forbidden?
For this reason, Imam Ahmad ibn Hanbal and other jurists well versed in Hadith used to say that acts of worship are fundamentally established through revelation. Therefore, a ruling of the Shariah is only that for which a determination of the Shariah has been given. To consider something about which there is no such ruling to be part of the Shariah amounts to exercising authority over Allah. It is in this context that Allah’s verse was revealed:
أَمْ لَهُمْ شُرَكَاءُ شَرَعُوا لَهُم مِّنَ الدِّينِ مَا لَمْ يَأْذَن بِهِ اللَّهُ
Do they have partners who have ordained for them in religion that for which Allah has given no permission? (Surah al-Shura: 21)
For this reason, the matter of people’s ordinary customs and habits is different. In reality, they are all permissible—free of blame and unrestricted. Among them, only what Allah has declared forbidden will be forbidden, and nothing else. If we do not accept this as true, this verse will apply to us:
قُلْ أَرَأَيْتُم مَّا أَنزَلَ اللَّهُ لَكُم مِّن رِّزْقٍ فَجَعَلْتُم مِّنْهُ حَرَامًا وَحَلَالًا
Say: Have you considered the provision Allah has sent down for you, of which you have made some forbidden and some lawful? …….Have you considered what kind of act this is? (Surah Yunus: 59)
This is an exceptionally important and highly beneficial fundamental principle. On the basis of this principle, we say that buying and selling, gifts, leases, and the like are matters of custom, habit, or convention in people’s social lives. People must follow these practices in order to live in this world, just as food, drink, and clothing are indispensable to human beings. In these matters, the Shariah has taught the best and soundest rules. Thus, wherever it has observed any form of disorder, the Shariah has prohibited it, and whatever is absolutely necessary it has declared an indispensable duty. Thereafter, whatever it found undesirable it called makruh, while whatever action it found to serve the general good it called mustahabb. Consequently, there was no need to eradicate these practices altogether or recast them anew.
Once this truth is understood, it may be said that people are entirely free to engage as they wish in dealings, trade and commerce, and work in exchange for wages, so long as the Shariah has not declared any of their actions forbidden. The matter of people’s food and drink may be cited as an example. In this regard, it is enough to avoid whatever is forbidden. Apart from this, they have not been compelled to observe any other regulatory restrictions. Thus, all of it is fundamentally permissible—not forbidden.
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On the basis of this fundamental principle, all the jurists of the Hanbali school, including Imam Ibn al-Qayyim, a student of Ibn Taymiyyah, have said:
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Contracts and conditions are all fundamentally permissible. Any contract concerning which the Shariah has raised no objection and which has not been declared forbidden is lawful.
Support for this fundamental principle is also found in authentic Hadith. Hazrat Jabir ibn Abdullah said:
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We were practicing coitus interruptus (azl) while the Qur’an was being revealed. Had there been anything that was to be prohibited, the Qur’an would certainly have prohibited it. [Therefore it ‘cannot be said that azl’ was prohibited not, such a statement can be made be not। because this hadith is from the early period। Later in other hadiths its prohibition too has been mentioned .। –Translator]
From this, I seek to establish only this much: whatever matter has not been prohibited through revelation is not prohibited; it is not haram. Until a prohibitory declaration is revealed, it is completely permissible. This was the Companions’ belief regarding the Shariah, and this very statement conclusively proves that they had properly understood the fundamental principles of the Shariah.
In short, all these examples and proofs establish that only that worship, and only that manner of worship, is in accordance with the Shariah which Allah Himself has prescribed. And among people’s customs and practices, only that is haram which Allah Himself has declared haram. Whatever Allah has not made haram can never be haram.
2. Halal–haram declaration to make the authority belongs solely to Allah‘s
Allah’s Islam has declared as its second fundamental principle that the authority to declare something halal or haram belongs exclusively to Allah the Creator. This authority has been taken away from creation. Regardless of what a person’s status may be from the religious or worldly perspective, no one possesses this authority. This authority must be recognized as belonging exclusively to Allah. Scholars, pirs and dervishes, kings and rulers, and leaders have no authority to declare anything haram for Allah’s servants. If anyone dares to do so, it must be understood that he is transgressing the limits set by Allah. Those who seek to seize Allah’s absolute authority to formulate religious laws and regulations, and those who willingly approve, accept, and follow their act, will commit the grave offense of associating partners with Allah. Allah will never forgive this offense of shirk. Surah Ash-–Shura’s previously cited verse is also to be read here:
أَمْ لَهُمْ شُرَكَاءُ شَرَعُوا لَهُم مِّنَ الدِّينِ مَا لَمْ يَأْذَن بِهِ اللَّهُ.
Do they have partners or deities who prescribe for them in religion that for which Allah has granted no permission? The Jews and Christians had granted their priests and scholars absolute authority to determine what was halal and haram. Referring to this, the Noble Qur’an says:
اتَّخَذُوا أَحْبَارَهُمْ وَرُهْبَانَهُمْ أَرْبَابًا مِّن دُونِ اللَّهِ وَالْمَسِيحَ ابْنَ مَرْيَمَ وَمَا أُمِرُوا إِلَّا لِيَعْبُدُوا إِلَٰهًا وَاحِدًا ۖ لَّا إِلَٰهَ إِلَّا هُوَ ۚ سُبْحَانَهُ عَمَّا يُشْرِكُونَ
They have taken their priests and scholars as lords instead of Allah, and also the Messiah, son of Mary. Yet they were commanded only to worship one Allah. There is no deity except Him. He is glorified and far above what they associate with Him. (Surah at-Tawbah: 31)
Ali ibn Hatim had previously followed Christianity. After accepting Islam, when he saw the Noble Prophet, peace be upon him, reciting this verse, he said:
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O Messenger! They did not worship their priests and scholars, did they?
The Noble Messenger, peace be upon him, replied: Is that so? These priests and scholars determined what was halal and haram for them, and they willingly and wholeheartedly accepted precisely that. In the Qur’an, this is what is called their worship; that is, doing this constitutes worship. What is meant by worship, they performed for those priests and scholars. [Tirmidhi and others]
It is mentioned in another narration that, while explaining the aforementioned verse, the Noble Prophet, peace be upon him, said:
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Is it true that they did not worship their priests and scholars? The actual matter is that whenever these priests and scholars declared something halal for them, they accepted it as halal; and likewise, whenever they declared something haram for them, they immediately accepted it as haram. In reality, granting someone such authority or status is itself worshipping him.
Christians have always held the belief that, before Prophet Jesus the Messiah, peace be upon him, departed for the heavenly realm, he gave his disciples full authority to declare things halal and haram. They can declare halal and haram according to their own wishes. the Gospel of Matthew it is quoted:
I tell you the truth: whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven.
Regarding the polytheists, the Noble Qur’an says that they determined halal and haram on their own, without Allah’s permission.
It has been said:
قُلْ أَرَأَيْتُم مَّا أَنزَلَ اللَّهُ لَكُم مِّن رِّزْقٍ فَجَعَلْتُم مِّنْهُ حَرَامًا وَحَلَالًا قُلْ آللَّهُ أَذِنَ لَكُمْ ۖ أَمْ عَلَى اللَّهِ تَفْتَرُونَ
Have you considered the sustenance Allah has sent down for you, of which you have designated some as haram and some as halal? Say: Has Allah permitted you to do this, or are you fabricating lies against Allah? (Surah Yunus: 59)
Allah has also said:
وَلَا تَقُولُوا لِمَا تَصِفُ أَلْسِنَتُكُمُ الْكَذِبَ هَٰذَا حَلَالٌ وَهَٰذَا حَرَامٌ لِّتَفْتَرُوا عَلَى اللَّهِ الْكَذِبَ ۚ إِنَّ الَّذِينَ يَفْتَرُونَ عَلَى اللَّهِ الْكَذِبَ لَا يُفْلِحُونَ
Do not merely say whatever comes to your lips: “This is halal and this is haram.” By doing so, you will be fabricating complete falsehood against Allah. Indeed, those who spread such falsehood in Allah’s name can never attain welfare or success. (Surah an-Nahl: 116)
From all these clear and decisive verses and hadiths, it can undoubtedly be known and understood that the sole authority to determine and declare what is halal and haram belongs to Almighty Allah. No one besides Allah possesses this authority, nor can anyone possess it. He Himself has undertaken this task and has stated it in His own Word, the Noble Qur’an, or had it declared through the words of His Prophets and Messengers. No one has any right to violate Allah’s decision regarding the declaration of halal and haram. The jurists did not do so either. It has been stated explicitly in the Noble Qur’an:
وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ
Allah Himself has clearly and distinctly informed you of everything He has forbidden for you. (Surah al-An’‘am: 119)
In fact, the jurists have no right or authority to determine, according to their own preference and as a matter of principle, what is permissible and what is impermissible. For this is work pertaining to the formulation of religious law. Jurists may exercise ijtihad, and their opinions and leadership regarding the Shariah are to be recognized. Nevertheless, they used to be genuinely fearful of issuing a fatwa on any matter. When someone asked one of them for a fatwa, he would avoid doing so himself by directing the person to another. For they feared that they might make a mistake in undertaking this task and incur the offense of declaring halal what is haram or vice versa. And doing so could in no way be considered proper.
Imam al-Shafi‘i quoted the words of Qadi Abu Yusuf, a student of Imam Abu Hanifah, in his Arabic work. He said:
“I have seen a great many highly knowledgeable people well-versed in religion. They did not like issuing fatwas. Rather than directly calling something halal or haram, they considered it sufficient simply to state what is in the Qur’an, without any interpretation. The eminent Tabi‘i scholar Ibn al-Sa’ib said: Do not be among those who say, ‘Allah has made such-and-such a thing halal,’ or ‘This is greatly pleasing to Allah.’ For on the Day of Resurrection Allah will say, ‘No, I did not make it halal, nor was it pleasing to Me.’ Likewise, do not be like the person who says, ‘Allah has forbidden such-and-such a thing.’ But on the Day of Resurrection Allah will say, ‘You are a liar. I did not forbid it, nor did I prohibit doing that.’ It has been related concerning Ibrahim al-Nakha‘i, the renowned Tabi‘i jurist of Kufa, that when his students and disciples issued fatwas, they would say things such as, ‘This is makruh,’ or ‘There is no fault in it,’ and so forth. For no act can be more irresponsible than determining something to be halal or haram.”
Shaykh al-Islam Imam Ibn Taymiyyah said:
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The early scholars never applied the word haram to anything except that whose being haram was known with certainty, specificity, and decisiveness.
Similarly, when Imam Ahmad ibn Hanbal (may Allah have mercy on him) was asked about something, he would reply: ‘I consider it makruh,’ or ‘I do not regard it as good,’ or ‘I do not like it.’ The same is true of Imam Malik, Imam Abu Hanifah, and the other Imams.
3. Making halal into haram and making shirk-level an offense
Islam has strongly condemned those who consider themselves inherently entitled to declare things halal or haram. Its attack is especially severe against those who declare halal things haram. For this causes people to fall into needless restriction and austerity, whereas Allah has granted abundant breadth. As a result of such a principle, the tendency in people to adopt baseless austerity and needless meticulousness becomes strong, whereas the Noble Prophet (peace be upon him) instructed people to strictly avoid this tendency toward austerity and excessive meticulousness. He expressed intense hatred for those who followed this principle. He said:
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Beware! Those who are excessive and rigid in the minutiae of the religion of Islam have been destroyed—destroyed—destroyed. (Muslim, Ahmad, Abu Dawud)
In describing the characteristics of the Muhammadan mission, he said:
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I have been sent with a religion that is single-minded, wholehearted, and expansive.
Indeed, there is no doubt that the religion of Islam is singularly idealistic in its creed and belief, and in affirming the Oneness of the Creator—recognizing Him as One in every respect and without any partner—and is completely liberal and broad in its Shariah and system of practice. Shirk and declaring halal things haram are entirely contrary to it.
In a hadith, the Noble Prophet (peace be upon him) reported that Allah the Exalted said:
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I created My servants upon a single-minded and wholehearted ideal. But the devils incited and led them astray. They declared haram for them those things that I had made halal. They commanded them to associate with Me things for which I had never revealed any authority that they could be partners with Me. (Muslim)
It is thus clearly proven that calling halal things haram is an act at the level of shirk. The Noble Qur’an has expressed intense anger toward the Arab polytheists because they committed shirk, worshipped idols, and declared pure things such as crops and livestock haram for themselves. For Allah the Exalted had revealed no authority or sanction concerning these things. Bahirah, sa’ibah, wasilah, and ham were the names of the animals they had declared haram. When a she-camel gave birth to five young and the last was male, these polytheists would cut the ears of that she-camel. Declaring it forbidden to ride, they would set it free for their worshipped gods. Thereafter, they would declare it completely haram to slaughter that she-camel or load it with burdens. It could not even be driven away from a watering place or pasture. They called this she-camel ‘b खूirah,’ meaning an ear-cut camel. A she-camel was called ‘sa’ibah’ when its owner, returning from a foreign journey or recovering from an illness, would dedicate it in the name of the gods and set it free. If the sa’ibah gave birth to a female offspring, they considered it their own right. If it gave birth to a male offspring, they considered the gods’ right over it to have been established. If it gave birth to both male and female offspring, they would set the male offspring free instead of sacrificing it to the gods. It was then called ‘wasilah.’ And when the offspring of a she-camel’s offspring became capable of carrying burdens, that old she-camel would no longer be used for carrying burdens or for riding. This was called ‘ham.’
The Noble Qur’an has strongly repudiated considering these animals haram in this manner. It has stated clearly that doing such things in blind imitation of forefathers is in no way proper. It says:
مَا جَعَلَ اللَّهُ مِن بَحِيرَةٍ وَلَا سَائِبَةٍ وَلَا وَصِيلَةٍ وَلَا حَامٍ ۙ وَلَٰكِنَّ الَّذِينَ كَفَرُوا يَفْتَرُونَ عَلَى اللَّهِ الْكَذِبَ ۖ وَأَكْثَرُهُمْ لَا يَعْقِلُونَ – وَإِذَا قِيلَ لَهُمْ تَعَالَوْا إِلَىٰ مَا أَنزَلَ اللَّهُ وَإِلَى الرَّسُولِ قَالُوا حَسْبُنَا مَا وَجَدْنَا عَلَيْهِ آبَاءَنَا ۚ أَوَلَوْ كَانَ آبَاؤُهُمْ لَا يَعْلَمُونَ شَيْئًا وَلَا يَهْتَدُونَ –
Allah did not institute anything such as bahirah, sa’ibah, wasilah, or ham. These disbelievers are fabricating falsehood against Allah. Most of them are foolish. Whenever they are called to accept the law revealed by Allah and obey His Messenger, they say that the customs received from our forefathers are sufficient for us. Yet their forefathers knew nothing and were not rightly guided. Will they still continue to follow their path? (Surah al-Ma’idah: 103––104)
Surah al-–A’‘raf–—mentioning the genuinely haram things—says:
قُلْ مَنْ حَرَّمَ زِينَةَ اللَّهِ الَّتِي أَخْرَجَ لِعِبَادِهِ وَالطَّيِّبَاتِ مِنَ الرِّزْقِ
Say: Who has declared haram the adornment that Allah has brought forth for His servants and the wholesome provisions He has provided? (Surah al-–A‘raf: 32)
قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالْإِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَن تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَانًا وَأَن تَقُولُوا عَلَى اللَّهِ مَا لَا تَعْلَمُونَ
Say: My Lord has only declared these things forbidden: indecent acts, whether open or concealed; sin; transgression without justification and beyond bounds; associating partners with Allah, for which He has sent down no authority; and saying about Allah what you do not know. (Surah Al- A’’raf: 33)
This debate concerning declaring things lawful and unlawful has been cited in the Makkan surahs. This means that, from the Qur’an’s perspective, the matter is not minor, trivial, or insignificant. Rather, it is connected with Islam’s fundamental principles and comprehensive ideal.
In Madinah Sharif, a strong tendency emerged among the Muslims toward asceticism and declaring pure things forbidden to themselves. At this stage, Allah the Exalted revealed definitive and clear verses, instructing them to remain within the limits set by Allah and to continue steadfastly along the Sirat al-Mustaqim. His command was:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ وَلَا تَعْتَدُوا ۚ إِنَّ اللَّهَ لَا يُحِبُّ الْمُعْتَدِينَ – وَكُلُوا مِمَّا رَزَقَكُمُ اللَّهُ حَلَالًا طَيِّبًا ۚ وَاتَّقُوا اللَّهَ الَّذِي أَنتُم بِهِ مُؤْمِنُونَ
O you who believe! Do not regard as forbidden the pure things that Allah has made lawful for you, and do not transgress. Know with certainty that Allah does not like transgressors at all. Eat of the lawful and pure sustenance that Allah has provided for you, and continue to fear that Allah in whom you claim to believe. (Surah Ma’idah: 87–-88)
4. Forbidden things harmful
Allah the Exalted is the Creator of all humanity. He has bestowed upon people so many priceless blessings that it is impossible to calculate them. Therefore, He naturally has the right to declare anything lawful or unlawful for people. No one can have the right to question or object to this. He possesses this right as Rabb. Human beings are His servants. As His servants, they are obliged to accept and follow this right of His. Just as Rabb, He made people His servants and gave them a system and code of life to follow. Yet, since Allah is infinitely compassionate toward His servants, He has neither imposed compulsion in this matter nor given any ruling that is irrational or contrary to reason and sound judgment. He has declared each thing lawful or unlawful with complete rationality. Its ultimate aim is to secure the fundamental welfare of all humanity as a whole. For this reason, He has made lawful for people only pure, wholesome, good, and excellent things, and has made unlawful all vile, corrupt, bad, and harmful substances.
In this connection, it may be said that He had also made certain good and excellent things unlawful for the Jews. But this was punishment for the Jews’ own disobedient conduct. For they had willfully transgressed the limits of what Allah had made lawful and unlawful. Allah stated precisely this in the following verse:
وَعَلَى الَّذِينَ هَادُوا حَرَّمْنَا كُلَّ ذِي ظُفُرٍ ۖ وَمِنَ الْبَقَرِ وَالْغَنَمِ حَرَّمْنَا عَلَيْهِمْ شُحُومَهُمَا إِلَّا مَا حَمَلَتْ ظُهُورُهُمَا أَوِ الْحَوَايَا أَوْ مَا اخْتَلَطَ بِعَظْمٍ ۚ ذَٰلِكَ جَزَيْنَاهُم بِبَغْيِهِمْ ۖ وَإِنَّا لَصَادِقُونَ
For those who adopted Judaism, We had forbidden all animals with claws, and of cattle and sheep We had forbidden them their fat, except what was carried on their backs, or in their entrails, or was attached to a bone. We did this as retribution for their rebellious conduct. In doing so, We were undoubtedly true and truthful. (Surah Al-’An’ am: 146)
What kind of rebellious conduct the Jews had adopted has been stated in another surah of the Qur’an. The verse is as follows:
فَبِظُلْمٍ مِّنَ الَّذِينَ هَادُوا حَرَّمْنَا عَلَيْهِمْ طَيِّبَاتٍ أُحِلَّتْ لَهُمْ وَبِصَدِّهِمْ عَن سَبِيلِ اللَّهِ كَثِيرًا – وَأَخْذِهِمُ الرِّبَا وَقَدْ نُهُوا عَنْهُ وَأَكْلِهِمْ أَمْوَالَ النَّاسِ بِالْبَاطِلِ
Because of the wrongdoing committed by those who adopted Judaism, We forbade them the good things that had been made lawful for them. This was also because they frequently hindered people from Allah’s path, took usury although they had been forbidden to do so, and consumed people’s wealth unlawfully. (Surah An-N isa: 160–-161)
Later, Allah the Exalted sent His final Messenger, who brought the succession of prophets and messengers to an end, for all humanity. By that time, humanity had reached maturity and attained full reason and sound judgment. Then, as a favor, Allah removed from them the burdensome load of those temporary prohibitions. The people of the People of the Book recognized this messengership; it is mentioned in the Qur’an in these words:
يَجِدُونَهُ مَكْتُوبًا عِندَهُمْ فِي التَّوْرَاةِ وَالْإِنجِيلِ يَأْمُرُهُم بِالْمَعْرُوفِ وَيَنْهَاهُمْ عَنِ الْمُنكَرِ وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ وَيَضَعُ عَنْهُمْ إِصْرَهُمْ وَالْأَغْلَالَ الَّتِي كَانَتْ عَلَيْهِمْ
They find him mentioned in writing in the Torah and the Gospel kept with them. He enjoins them to do good deeds, forbids them from evil deeds, declares pure things lawful for them, and removes from them the burdens and shackles that had been imposed upon them. (Surah Al-A’raf: 157)
Thereafter, instead of making good, pure, excellent things unlawful as an expiation for sins, Islam provided other methods and means. Sincere repentance was prescribed as an expiation for sins. Just as water washes away and cleanses dirt and filth, repentance likewise brings about the forgiveness of sins. In addition, rulings were given concerning many deeds that eradicate evil deeds. Charity extinguishes the fire of sins, just as water puts out fire. Moreover, in the course of life, one must endure many sorrows, hardships, and calamities that cause a servant’s sins and mistakes to fall away like dry leaves and foliage. For this reason, the truth has become incontrovertibly clear in Islam: whatever it has declared unlawful is certainly bad, vile, and harmful.
Indeed, it has declared unlawful whatever is overwhelmingly and entirely harmful, despite whatever benefit it may have, and it has made lawful whatever is purely beneficial and conducive to well-being. Regarding wine and gambling, the Qur’an says:
يَسْأَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ ۖ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعُ لِلنَّاسِ وَإِثْمُهُمَا أَكْبَرُ مِن نَّفْعِهِمَا
O Prophet! They ask you about wine and gambling. Say: There is great sin in both, although they also have some benefit; but their harm is far greater than their benefit. (Surah Al-Baqarah: 219)
In this context, it may be said that, when asked what is lawful in Islam, the answer is: pure, wholesome, beneficial things—in other words, those things that a sound human mind considers good and excellent, and that people generally like without being driven by any particular custom or habit—are what is lawful. The Qur’an says:
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They ask you what has been made lawful for them. O Prophet, tell them: All pure, clean, good, and excellent things have been made lawful for you.
It is also said:
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Today, all pure, clean, excellent, and good things have been made lawful for you.
The reason Allah the Exalted has declared something unlawful is its vileness, badness, and harmfulness. It is not necessary for every Muslim to know all these details. For not everyone possesses equal, correct knowledge of such matters. Some may know them, while they remain unknown to many others. Often, the defect and vileness of something may not yet have become apparent; later, it will certainly be discovered. In this situation, it is the duty of every believer to accept Allah’s declaration wholeheartedly and without hesitation, saying: “I have understood and accepted.”
Allah the Exalted has declared swine’s flesh unlawful. Muslims understood only that it had been declared unlawful because it was extremely repulsive and bad. But as time advances, knowledge and science also progress. As a result, it became known that swine’s flesh contains a type of poisonous microorganism that is destructive and deadly to humans. Yet even if this knowledge concerning swine’s flesh had never been discovered, or if something entirely different had been discovered instead, the Muslims’ creed would never have changed. For according to Allah’s declaration, it is impure and extremely bad.
As an example, the Noble Prophet (peace be upon him) said:
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Keep away from three things that invite curses: defecating at places where people obtain drinking water, in the middle of roads, and in shaded places. (Abu Dawud, Ibn Majah, Hakim, Bayhaqi)
In the early period, the significance of this statement was understood only to mean that defecating in these three places was a very bad act—contrary to civility, cleanliness, and sound judgment. But with the development of scientific knowledge, we later came to know that this act is extremely harmful from the perspective of general health principles. For it can cause serious infectious diseases to spread.
In this context, it may be said that the more knowledge and science develop and advance, the more the underlying reasons and welfare-oriented wisdom behind the formulation of the rulings of Islamic Shariah will continue to be uncovered. Nothing will remain unknown regarding the fundamental reasons for determining what is halal and haram. In reality, at the root of Islamic Shariah lies its Lawgiver’s sincere concern for the welfare of all humanity. And why should it not be so? It was formulated by Allah, the All-Knowing, the Supreme in knowledge, the Infinitely Merciful. Thus, it is said in the Noble Qur’an:
وَاللَّهُ يَعْلَمُ الْمُفْسِدَ مِنَ الْمُصْلِحِ ۚ وَلَوْ شَاءَ اللَّهُ لَأَعْنَتَكُمْ ۚ إِنَّ اللَّهَ عَزِيزٌ حَكِيمٌ
Allah Ta‘ala knows precisely and correctly which is destructive—bad—and which is beneficial—good. Had Allah willed, He could have cast you into severe hardship. (But He did not wish this.) Indeed, Allah is the Victorious—the Invincible, the All-Knowing. (Surah Al-Baqarah: 220)
5. Halal Is Sufficient, Haram Is Unnecessary
Indeed, Islam is a way of life endowed with great beauty. It was revealed to provide ease and comfort in human life. If anything has been declared haram in this way, something better has been made halal in its place. An exceedingly excellent alternative has been offered. This alternative is such that, on the one hand, it closes the way to all things that cause corruption, while on the other hand, it eliminates any need for, or dependence upon, haram things. Allama Ibn al-Qayyim, may Allah have mercy on him, pointing to this, said:
Islam has forbidden seeking to know one’s fortune through the game of dice. Instead, it has provided the supplication of Istikhara. [Islam has taught Muslims that before , undertaking any task before doing it, one should consult others and perform Istikhara as well. । It has been stated that , ‘whoever performs Istikhara does so, he does not fail and whoever consults others, he is not , disgraced or ashamed. The । ‘meaning ’of Istikhara’s meaning , is that when faced with two alternatives and one is undecided which – one to choose, , one should seek among the two the better one by seeking to find it, from Allah ’s presence, by making du’a to Him. । For this purpose, prayer and du’a Masura arrangements have been made available।]
Islam has prohibited taking interest. In its place, He has made profitable trade lawful.
He has prohibited gambling, but has permitted accepting the prizes won in competitions involving horses, camels, and arrows, provided that they do not contravene the Shariah.
The use of silk has been prohibited for men. In its place, garments of cotton, wool, and various beautiful fabrics have been made lawful.
Fornication, adultery, and male homosexuality have been prohibited. In their place, sexual intercourse with one’s lawful wife has been made permissible.
Intoxicants have been prohibited. In their place, delicious beverages beneficial to the body and mind have been made halal.
Bad and inferior kinds of food have been prohibited. In their place, good, excellent, and wholesome foods have been made halal.
Thus, when the comprehensive injunctions of Islam are reviewed, it will be proved that, although Allah has restricted human life on one side by prohibiting certain things, on the other side He has made many things halal, bringing immense spaciousness and liberality to life. He has indeed closed one door, but He has opened another. For Allah did not wish to place human life in hardship and austerity. Ease is what He desires for them. He wished to fill human life to the brim with well-being, sound guidance, and mercy. Allah Himself has declared:
يُرِيدُ اللَّهُ لِيُبَيِّنَ لَكُمْ وَيَهْدِيَكُمْ سُنَنَ الَّذِينَ مِن قَبْلِكُمْ وَيَتُوبَ عَلَيْكُمْ ۗ وَاللَّهُ عَلِيمٌ حَكِيمٌ – وَاللَّهُ يُرِيدُ أَن يَتُوبَ عَلَيْكُمْ وَيُرِيدُ الَّذِينَ يَتَّبِعُونَ الشَّهَوَاتِ أَن تَمِيلُوا مَيْلًا عَظِيمًا – يُرِيدُ اللَّهُ أَن يُخَفِّفَ عَنكُمْ ۚ وَخُلِقَ الْإِنسَانُ ضَعِيفًا
Allah desires to make His laws clear to you, to guide you to the ways of those who lived before you, and to turn to you in mercy. Allah is All-Knowing, All-Wise. Allah desires to deal mercifully with you, but those who follow their desires and passions wish to turn you far away from the right path. Allah desires to lighten your burdens, for man was created weak. (Surah An-Nisa: 26–28)
6. Even the means to a prohibited act are prohibited
A fundamental principle of Islam is that whatever is a cause of a prohibited act is itself prohibited. In this way, Islam has also prohibited the causes that lead to the commission of prohibited acts. For unless these causes are stopped, there will be no difficulty in carrying out the actual prohibited act. By way of example, Islam has prohibited fornication and adultery. It has also declared prohibited the causes that make this forbidden act easy, convenient, and inevitable. Such acts include women’s unrestricted, exposed, and wanton conduct; improper seclusion of men and women together; unrestricted looking and meeting; socializing; secret love and friendship; nude pictures; obscene magazines and newspapers; sexually stimulating songs and music; and so on. For this reason, the scholars of Islamic Shariah have declared the principle:
“Whatever leads to a prohibited act is also prohibited.”
In this connection, another fundamental principle of Islam must also be considered. It is that not only the person who commits the original prohibited act is deemed sinful and guilty. Whoever provides assistance in this act will also be deemed sinful and guilty to the extent of his assistance—whether that assistance is material or verbal. Whoever helps in the original prohibited act shares in the original sin to exactly that extent. For this reason, the Noble Prophet did not curse only the drinker of alcohol; he also cursed its producer, distributor, carrier, the one for whom it was carried, and even the one who received its price. Similarly, the one who consumes interest, the one who gives it, the one who writes its document, and its witnesses—all of them are cursed. Therefore, whatever supports a prohibited act is itself prohibited. Whoever helps in a prohibited act will share in that sin to the extent of his assistance; there is nothing strange about this.
7. In prohibited acts adopting stratagems is also prohibited
Just as all outward causes that draw people toward prohibited acts are prohibited, concealing them and carrying out an act through stratagems are also prohibited. All such devious devices are the result of Satan’s incitement. The Jews had made lawful, through stratagems, acts and things that Allah had prohibited. This is extremely detestable. The Noble Prophet said:
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Do not do what the Jews did. Do not try to make lawful, through a minor stratagem, what Allah has prohibited.
Allah had forbidden the Jews to hunt in any manner on Saturday. But they used a stratagem and made that prohibition lawful for themselves. On Friday they would dig pits; on Saturday fish would come and gather in them, and on Sunday they would catch them. They did not consider such stratagems wrong at all. But according to the Islamic jurists, doing this is completely prohibited. For Allah actually intended them to refrain from hunting, whether directly or indirectly.
If the name or outward form of something prohibited is changed, while its essential nature remains unchanged, that thing will not become lawful; rather, it is merely a devious device for evading the prohibition. If people keep devising new forms and adopt stratagems to carry out an unlawful act such as interest, or give alcohol a good name and begin drinking it, this will in no way alter its being prohibited and sinful. The Noble Messenger had already warned about this, saying:
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A group of people from among my ummah will seek to make it lawful by changing the name of alcohol. (Ahmad)
The fact that people call morally destructive dancing “art” or “fine art,” call alcohol “a beverage,” and identify interest as profit (interest) is merely a product of the vicissitudes, cycles, and transformations of time; otherwise, the prohibition of the original acts has not changed in any way.
8. Intention being good even if the prohibited lawful becomes not
There is no doubt that, in matters governed by the Shariah, Islam gives great importance to good intentions, blameless aims, and a selfless frame of mind. The Noble Prophet himself said:
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All actions are judged according to intentions, and each person will have only what he intended. It is because of intention that permissible and customary acts become worthy of being acts of worship and means of attaining nearness to Allah. If a person eats in order to preserve his life and attain strength, so that he may be able to fulfill his duties and responsibilities toward Allah’s people, then his eating and drinking too become an act of worship and a means of attaining nearness to Allah.
If a man engages in intercourse with his wife intending to preserve the purity of his and his wife’s character and to have children, this act of his will also be counted as worship, and he will be entitled to reward. In this connection, the Prophet said:
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Even intercourse with one’s wife is a kind of meritorious act. When the Companions asked, “O Messenger of Allah! If a person satisfies his sexual desire, will he receive a reward for that?” the Messenger replied: “If he had engaged in prohibited intercourse, would he not have been sinful? Likewise, he will be entitled to reward for lawful and halal sexual activity.” (Bukhari, Muslim)
It is also narrated in a hadith:
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Whoever seeks to acquire lawful things in this world in order to preserve his self-respect, fulfill the needs of his family, and show compassion toward his neighbor will meet Allah in a state in which his face will be exceedingly radiant and luminous like the moon on a night of the full moon. (At-Tabarani)
Thus, whatever lawful act a believer performs will become an act of worship because of a good intention. But what is prohibited will remain prohibited under all circumstances, regardless of how good and pure the intention may be or how great, excellent, and elevated the underlying goal may be. Islam does not approve of adopting prohibited means to achieve any elevated goal.
For Islam requires both that the goal be high and noble and that the means of achieving it be pure. Islam is not at all prepared to accept the expedient principle that the end justifies every means. Moreover, Islam does not believe that achieving a correct goal requires adopting numerous wrong methods and means. On the contrary, it considers it absolutely necessary to employ correct, sound, and pure methods and means for a correct and sound goal and purpose. If someone earns money through interest, bribery, prohibited activities, amusement, gambling, or other forbidden means for the purpose of building a mosque or carrying out public welfare work, his good intention will not change the prohibition of the prohibited act and make it lawful. For the purpose, attitude, or good intention of Islam can have no effect whatsoever on what is prohibited. In teaching this lesson, the Noble Prophet said:
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Allah is Pure, and He accepts only what is pure. He has commanded the believers with the same command with which He commanded His prophets and messengers. He said: (Qur’anic verse) “O messengers! Eat of the pure things and do righteous deeds. Indeed, I am fully aware of whatever you do.” (Surah Al-Mu’minun: 51)
He also said:
يَا أَيُّهَا الَّذِينَ آمَنُوا كُلُوا مِن طَيِّبَاتِ مَا رَزَقْنَاكُمْ
O believers! Eat of the pure provisions We have given you. (Surah Al-Baqarah: 172)
Then the Messenger said:
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A man undertakes a long journey. His hair is disheveled and unkempt, and his feet are covered with dust. He raises both hands toward the sky and repeatedly supplicates, “Allah, Allah!” But his food is unlawful, his drink is unlawful, and his clothing is unlawful—he has been nourished and brought up on unlawful food. How, then, can the supplication of such a person be accepted by Allah? (Muslim, Tirmidhi)
He further said:
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Whoever amasses unlawful wealth and then gives it away in charity will receive no reward for it. The sin of his unlawful earnings will certainly weigh upon him.
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The charity that a servant gives from wealth earned unlawfully will not be accepted. Nor will there be any blessing in what he spends from it. And whatever he leaves behind will be nothing but provision for his entry into Hell. The truth is that Allah Most High does not eliminate wrongdoing through wrongdoing; rather, He removes wrongdoing through righteousness. In reality, filth and refuse cannot remove filth and refuse.
9. Avoiding the unlawful to remain away from it, doubtful matters should be avoided
It is a great mercy of Allah toward the people of the world that, just as He has clearly explained what is lawful, He has also identified what is unlawful.
وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ
Allah has clearly explained to you whatever has been declared unlawful for you. (Al An’‘am: 119)
Therefore, there can be no obstacle or impediment to doing what is clearly lawful. And what is clearly unlawful may not ordinarily be done, except in a state of absolute necessity. In addition to these clearly lawful and plainly unlawful matters, there is also a category of doubtful things between them. People fall into hesitation and uncertainty regarding these. The reason they are doubtful is that, in many cases, the relevant proofs and evidence remain unclear; at times, people fall into extreme doubt because no decisive determination can be made concerning the application of an available conclusive proof. In Islam, refraining from such doubtful things is called fear of Allah, taqwa, and exercising caution to avoid wrongdoing. It closes the paths to sin. It trains a person correctly and guides him along the right path. Otherwise, a person may become involved in doubtful matters and fall into unlawful acts. The Noble Prophet (peace be upon him) himself declared this fundamental principle:
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The lawful is clear, and the unlawful is also clear. Between the two are certain doubtful matters. Many people do not know whether these are, in fact, lawful or unlawful. In such a situation, whoever stays away from them to preserve his religion and his honor will surely attain safety. But whoever becomes involved in any of them cannot be considered safe from falling into the unlawful. Whoever grazes his animals around a forbidden pasture is likely to enter that forbidden area. Listen: every king has a protected pasture. Listen also: the things Allah has declared unlawful are His protected pasture. (Bukhari, Muslim, Tirmidhi)
10. The unlawful is for everyone without exception
In Islamic Shariah, the ruling concerning what is unlawful is general, without exception, and applies to everyone. It is impossible in Islam for something to be unlawful for the people of one country but lawful for the people of another, or forbidden for Black people but permitted for white people. It is likewise entirely inconceivable in Islam that something should be lawful for people of a particular class or group but forbidden for others. Islam recognizes no special status for priests, clerics, scholars, kings, rulers, nobles, or similar classes of people. Islam provides no opportunity for them to invoke their special status to satisfy their desires on the one hand and exercise a particular kind of domination over the people on the other. In this respect, Muslims too possess no special status or privilege. Islam contains no ruling by which something would be lawful for Muslims but that same thing unlawful for others. For Allah Most High is the Lord of all people without distinction. Likewise, the way of life He has given—the Islamic Shariah—is guidance for all people without distinction. Therefore, whatever His Shariah has declared lawful is lawful for all people without distinction. Conversely, whatever it has declared unlawful is unlawful for everyone and will remain so until the Day of Resurrection.
Theft may be cited as an example. It is unlawful for everyone. Whether the thief is Muslim or non-Muslim, the matter is the same in every case. Whatever the thief’s identity, he must inevitably suffer punishment—whether he is Muslim or non-Muslim, the matter is the same in every case. Whatever the thief’s identity, he must inevitably suffer punishment. The Noble Messenger (peace be upon him) himself implemented this principle. He declared:
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By Allah! Even Fatimah, daughter of Muhammad, if she were to steal, her hand would also be cut off. (Bukhari)
During the lifetime of the Noble Messenger (peace be upon him), an incident of theft took place. A Muslim and a Jew came under suspicion. The Muslim man’s relatives continued to accuse the Jewish man, whereas in reality it was the Muslim man who had committed the theft. In this situation, revelation descended from Allah, establishing impartial justice and declaring the Jew innocent. It was proclaimed:
إِنَّا أَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَاكَ اللَّهُ ۚ وَلَا تَكُن لِّلْخَائِنِينَ خَصِيمًا – وَاسْتَغْفِرِ اللَّهَ ۖ إِنَّ اللَّهَ كَانَ غَفُورًا رَّحِيمًا – وَلَا تُجَادِلْ عَنِ الَّذِينَ يَخْتَانُونَ أَنفُسَهُمْ ۚ إِنَّ اللَّهَ لَا يُحِبُّ مَن كَانَ خَوَّانًا أَثِيمًا –
Indeed, We have revealed this Book to you with the truth, so that you may judge and administer justice among the people according to what Allah has shown you. Do not be an advocate on behalf of those who betray. Nor should you plead on behalf of those who betray themselves. Allah does not like treacherous and sinful people at all. (Surah An-Nisa: 105–107)
The Jews freely made many alterations to Allah’s Book that had been revealed to them. They had decided that usury would be unlawful for Jews when one lent to a Jewish brother. But there was no prohibition against giving an interest-based loan to a non-Jew; it was not unlawful. It is written in their scripture:
Do not lend to your brother on the basis of interest, but you may lend on the basis of interest to a person of another nation.
The Qur’an also mentions this misdeed of the Jews. It says:
وَمِنْ أَهْلِ الْكِتَابِ مَنْ إِن تَأْمَنْهُ بِقِنطَارٍ يُؤَدِّهِ إِلَيْكَ وَمِنْهُم مَّنْ إِن تَأْمَنْهُ بِدِينَارٍ لَّا يُؤَدِّهِ إِلَيْكَ إِلَّا مَا دُمْتَ عَلَيْهِ قَائِمًا ۗ ذَٰلِكَ بِأَنَّهُمْ قَالُوا لَيْسَ عَلَيْنَا فِي الْأُمِّيِّينَ سَبِيلٌ وَيَقُولُونَ عَلَى اللَّهِ الْكَذِبَ وَهُمْ يَعْلَمُونَ
There are also some among them who, if you entrust them with even a single coin, will not return it to you unless you keep standing over them. The reason is that they say, “We have no responsibility toward the ummis (non-Jews).” And knowingly they spread this falsehood in Allah’s name. (Surah Aal-e–Imran: 75)
There is no doubt that they have spread falsehood in Allah’s name. For Allah’s law and the law of Shariah do not discriminate among different nations. Allah the Exalted has declared betrayal unlawful through the words of all the prophets and messengers. There is no doubt that this dispute of the Jews is merely the result of utterly base, contemptible, and narrow-minded thinking. It can have no place whatsoever in any heavenly religion. For elevated morality and truthfulness are always humane and impartial. Therefore, something cannot be lawful for some and unlawful for others. Take, for example, safeguarding a trust. It was indeed acknowledged among them as a characteristic of excellent character, but not universally. It was specifically confined to mutual dealings within their own tribe. But every kind of betrayal toward different people outside the tribe was not merely considered lawful; it was regarded as a highly commendable duty and something beloved.
Thus, many ancient religious and modern scientific views that create divisions between people, tribes, and nations are prevalent everywhere. Just as these are inhumane, they also fail the test of sound reason. Therefore, they must be avoided.
11. Necessity Makes the Unlawful Lawful
The scope and range of what Islam declares unlawful are extremely limited. Nevertheless, the matters it has declared unlawful have been subjected to the utmost strictness and inflexibility. It has also blocked the open and hidden avenues leading toward unlawful acts. Furthermore, whatever causes an unlawful act has itself been declared unlawful. Providing opportunities for anything that assists or facilitates an unlawful act has likewise been declared unlawful in Islam. Even attempting, through stratagems, to make something unlawful lawful has been declared unlawful. However, Islam has not denied the demands of people’s genuine needs. Nor has it shown even the slightest disregard for human weakness. Therefore, in view of pressing necessity of the highest degree and people’s natural weakness, permission has been given to consume unlawful things to the extent needed to meet a basic necessity. But this permission is neither unrestricted nor unconditional. Its sole fundamental purpose is to meet the necessity and avoid destruction. For this reason, after Allah the Exalted declared the consumption of carrion, blood, and pork unlawful, He said:
فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَلَا إِثْمَ عَلَيْهِ ۚ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
Whoever is compelled by necessity, without desiring it or transgressing, and eats some of it, shall incur no sin. Indeed, Allah is Forgiving, Merciful. (Surah al-Baqarah: 173)
Allah Most High has repeatedly declared this permission in the Qur’an. From this, Islamic jurists have derived the following legal principle:
“Necessity makes even prohibited things permissible.”
But it must be particularly noted here that, in each of these few places, the condition has been imposed that the person in dire necessity must not desire the prohibited thing or transgress. This means that when one is compelled by necessity, when no lawful food is available, and the fear of death due to hunger becomes acute, then prohibited food may indeed be eaten; but craving, desire, enjoyment of its taste, and seeking satisfaction from it must not be the objective. Secondly, one may eat only the minimum amount necessary; one may not eat to fill the stomach. From this condition, the jurists have derived another fundamental principle, namely:
………………. Arabic. ……………
Necessity itself determines its extent (or its limit).
It is true that a person must submit to necessity. But this does not mean that one should surrender oneself completely to necessity or hand over the reins of one’s being to it. One must remain attached to what is lawful. One must remain constantly occupied, day and night, in seeking it. Since permission has been granted to consume prohibited things temporarily and only to the minimum extent required by necessity, it is absolutely essential to keep a keen and vigilant watch over oneself, so as not to try to cling to them forever or become immersed in enjoying their taste.
By permitting the consumption of prohibited things in cases of acute necessity, Islam has demonstrated the practical reality of its fundamental spirit and, in accordance with its own principles and ideals, has made provision for ease. This conclusively proves the truth of Allah Most High’s declaration:
يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ
Allah wants ease for you. He does not want any hardship for you. (Surah al-Baqarah: 185)
مَا يُرِيدُ اللَّهُ لِيَجْعَلَ عَلَيْكُم مِّنْ حَرَجٍ وَلَٰكِن يُرِيدُ لِيُطَهِّرَكُمْ وَلِيُتِمَّ نِعْمَتَهُ عَلَيْكُمْ لَعَلَّكُمْ تَشْكُرُونَ
Allah does not want to place you in hardship and constraint. Rather, He wishes to purify and cleanse you and complete His blessing upon you, so that you may give thanks. (Surah al-Ma’idah: 6)
يُرِيدُ اللَّهُ أَن يُخَفِّفَ عَنكُمْ ۚ وَخُلِقَ الْإِنسَانُ ضَعِيفًا
Allah wants to lighten your burden, for the human being was created weak and incapable. (Surah an-Nisa’: 28)
Second Chapter
of the Muslim personal life lawful–prohibited
– food and drink
– clothing and adornment–beautification
– house–home
– earnings and profession
of the Muslim personal life lawful–prohibited
Food and drink—especially regarding the consumption of food from among animals, disagreement or difference of opinion has existed among peoples since the earliest times. Disagreement has arisen over which things are permissible and lawful and which are not.
There is not much or widespread disagreement regarding plant-based food and drink. Islam has prohibited the consumption of alcohol, whether it is made from grapes, dates, barley, or anything else. Likewise, everything that distorts people’s conscience and intellect, causes any kind of disorder, or is harmful to health is prohibited.
However, there is intense disagreement among the various peoples of the world regarding animal-based food.
Brahmins’ perspective on animals slaughtering and eating them
In the view of Brahmins and other religious believers, as well as followers of certain philosophical doctrines, slaughtering and eating animals is prohibited for themselves. Plants or vegetables are their only food. For, according to them, slaughtering animals is an utterly heartbreaking and cruel act. They too have the right to live, and they cannot be deprived of that right.
But when one observes the nature of the universe and considers it with deep and subtle insight, it becomes clear that slaughtering animals is entirely innocent. For these animals of the world were not created with any independent, purposeful objective of their own. They possess no intellect, conscience, personal will, or power of choice. Their natural bodily constitution itself proves that they were essentially created and appointed to serve human beings. Human beings bring them under their control and accomplish many tasks through them. Likewise, when they are slaughtered and consumed as food, there can be no objection to it. The ever-operative law given by Allah in creation is that inferior and lower creatures sacrifice themselves for better and higher creatures. Likewise, animals are continually used as human food. Likewise, animals become human food. Moreover, killing an individual for the security of the human community has become a natural matter. If animals were not slaughtered for human beings, it would not mean that they could escape death and destruction. It is inevitable that they would be torn apart by other stronger predatory beasts and become their food. Or they would be forced to die a natural death. That would certainly be more painful than slaughtering them by driving a sharpened weapon through their throats.
Jews’ and Christians’ perspective on prohibited animals
Among believers in the heavenly books, many land and aquatic animals have been prohibited to the Jews. A detailed account of this is cited in chapter eleven of Leviticus in the Old Testament. Some matters concerning this have also been mentioned in the Qur’an Majid. From it, what was prohibited to the Jews can be learned. It has also been stated explicitly that this prohibition was solely intended as punishment for their own oppression and rebellious conduct. It is said:
وَعَلَى الَّذِينَ هَادُوا حَرَّمْنَا كُلَّ ذِي ظُفُرٍ ۖ وَمِنَ الْبَقَرِ وَالْغَنَمِ حَرَّمْنَا عَلَيْهِمْ شُحُومَهُمَا إِلَّا مَا حَمَلَتْ ظُهُورُهُمَا أَوِ الْحَوَايَا أَوْ مَا اخْتَلَطَ بِعَظْمٍ ۚ ذَٰلِكَ جَزَيْنَاهُم بِبَغْيِهِمْ ۖ وَإِنَّا لَصَادِقُونَ
And We had forbidden for those who became Jews every animal with claws, and the fat of cattle and goats, except what was attached to their backs, intestines, or bones. We imposed this on them as punishment for their opposition to Allah. Surely, We are truthful in this declaration.(Surah An’am: 146)
This concerns the Jews. The matter of the Christians is similar, for in this respect they are subject to the Jews, since the Gospel did not abrogate this injunction. Rather, it declared: ‘Jesus Christ did not come to abrogate the previous law; rather, he came to perfect it.’ But the Christians themselves violated the injunctions of the law and declared lawful everything that had been forbidden to them in the Torah. Regarding food and drink, they follow the regulations of the holy Paul and declared everything lawful except animals sacrificed to idols. Paul explained his reasoning by saying, ‘Everything is holy for holy people, and nothing that enters the mouth defiles a person. Rather, what comes out of the mouth is what makes a person impure.’ On the basis of this argument, they also permitted the flesh of swine, although according to the clear declaration of the Book in the Torah, it remains completely forbidden to them to this day.
The Pre-Islamic Era’s Arabs’ Condition
Before the advent of Islam, during the Age of Ignorance, Arab society considered certain animals impure and declared some of them forbidden for themselves because of their desire to gain proximity to deities and their adherence to superstition. Bahirah, Sa’ibah, Wasilah, and Hamah were among the animals declared forbidden in this regard—their explanation has been given earlier. Conversely, they declared many impure things, such as dead animals and flowing blood, permissible and lawful.
Islam Made Pure Things Permissible
At the time of Islam’s advent, the people of Arabia were afflicted by various conflicting views regarding animal-based food, as had been the case in earlier times. For this reason, addressing all humanity, Islam said:
يَا أَيُّهَا النَّاسُ كُلُوا مِمَّا فِي الْأَرْضِ حَلَالًا طَيِّبًا وَلَا تَتَّبِعُوا خُطُوَاتِ الشَّيْطَانِ ۚ إِنَّهُ لَكُمْ عَدُوٌّ مُّبِينٌ
O people, eat of what is lawful and pure on the earth, and do not follow the footsteps of Satan. Surely, Satan is an open enemy to you. (Surah Al-Baqarah: 168)
In other words, Islam addressed everyone without distinction, saying, ‘O people, partake as food of the pure and excellent things from this vast, expansive table spread across the earth. Do not follow the path shown by Satan at all.’ That is, do not regard as forbidden what Allah has made lawful and thereby fall into the deep abyss of misguidance. Then the believers were addressed specifically as follows:
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O believers! Eat of the pure things We have provided for you as sustenance, and give thanks to Allah if you are prepared to worship Him alone and exclusively. He has forbidden you only carrion, blood, the flesh of swine, and animals slaughtered in the name of anyone other than Allah. But whoever is compelled by extreme necessity, without desiring it or exceeding the limits of necessity, shall incur no sin by eating it. Allah is Forgiving, Merciful.
Through this specific address, Allah instructed the believers to eat pure and excellent food. At the same time, they were told to give thanks to the Merciful Giver, to recognize the value of His gifts and fulfill their due. It was then stated that, apart from the four kinds of things mentioned in the verse, Allah has not forbidden anything else. It was said:
قُل لَّا أَجِدُ فِي مَا أُوحِيَ إِلَيَّ مُحَرَّمًا عَلَىٰ طَاعِمٍ يَطْعَمُهُ إِلَّا أَن يَكُونَ مَيْتَةً أَوْ دَمًا مَّسْفُوحًا أَوْ لَحْمَ خِنزِيرٍ فَإِنَّهُ رِجْسٌ أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ ۚ فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَإِنَّ رَبَّكَ غَفُورٌ رَّحِيمٌ
Say, ‘In what has been revealed to me, I do not find anything forbidden to one who eats, except carrion, flowing blood, the flesh of swine—for it is impure—or that which has been consecrated in the name of anyone other than Allah. But whoever is compelled and eats some of these things, without desiring it or exceeding the limits of necessity, then surely your Lord is Forgiving, Merciful. (Surah An’am: 145)
Surah Al–Ma’idahAfter presenting the details of these forbidden things, it is said:
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ وَالْمُنْخَنِقَةُ وَالْمَوْقُوذَةُ وَالْمُتَرَدِّيَةُ وَالنَّطِيحَةُ وَمَا أَكَلَ السَّبُعُ إِلَّا مَا ذَكَّيْتُمْ وَمَا ذُبِحَ عَلَى النُّصُبِ
Forbidden to you are carrion, blood, the flesh of swine, that which has been dedicated to any deity other than Allah, that which has died by strangulation, that which has died from a blow, that which has died from a fall, that which has died from being gored by horns, that which has been mangled by a wild animal, except what you are able to slaughter, and that which has been sacrificed to any deity. (Surah Al Ma’idah: 3)
This verse mentions ten forbidden animals. The preceding verse mentioned only five forbidden things. Therefore, there is no contradiction between the two. Rather, one verse specifically explains the other. Animals that died by strangulation, from a blow, by falling from above, from being gored by horns, or after being torn apart and killed by a wild animal are all, in reality, carrion—merely different forms of carrion. An animal sacrificed to a deity is likewise included among animals slaughtered in the name of other than Allah. Thus, in reality, only four types of animals are forbidden.
Reasons for the prohibition of carrion
Among the Qur’anic verses that mention forbidden foods, al-maytah is invariably mentioned first—that is, animals and birds that have died a natural death. In other words, the death of which was not caused by slaughter or hunting.
But what could be the reason behind prohibiting and forbidding the use of these animals as food, and allowing them to go to waste and perish? This is what the modern mind asks. In reply, I would say that several beneficial reasons lie behind the prohibition of dead animals and birds and allowing them to perish:
a. Sound human nature detests dead creatures. A conscientious person considers eating carrion an extremely repugnant act. He believes it to be utterly unbecoming and degrading for human beings. For this reason, eating carrion has been declared forbidden in all the heavenly scriptures and religions, while eating slaughtered animals has everywhere been preferred, regardless of how varied the methods and rules of slaughter may be.
b. Allah does not approve of a person consuming as food something he had no desire to obtain and for which he had no appetite. The condition of carrion is exactly so. But an animal that is slaughtered or hunted is considered desirable because it involves some measure of human intention, effort, and care.
c. There is reason for concern regarding an animal that has died a natural death: it may have been suffering from a chronic illness, died in an accident, or died after eating poisonous grass or plants. In that case, eating it could cause serious harm. Alternatively, it may have died because it was extremely weak or in poor health.
d. By forbidding carrion to human beings, Allah Most High has, out of special mercy, provided food for animals and birds. For they too, like us, are Allah’s creation.
e. Another aspect is that people should not leave the animals they own to become diseased or weak and perish. Rather, they should either have them treated immediately or slaughter them, thereby granting them eternal relief.
Why is flowing blood forbidden
The second item on the list of forbidden things is flowing blood. Ibn Abbas (RA) was asked about the legal ruling concerning the spleen. He said, “You may eat it.” The people said, “But is it not merely congealed blood?” In reply, he said, “Allah Most High has forbidden only flowing blood.” For it is impure, filthy, and repugnant (Filth). Clean, pure, and sound human nature cannot help but detest it. Moreover, like carrion, it may very well contain harmful germs.
During the Age of Ignorance, when someone felt intense hunger, he would press a bone or some sharp object into the body of a camel or another animal. He would eagerly drink the blood that spurted out. As a result of such actions, the animals were forced to endure agonizing pain. The loss of blood inevitably caused them to become weak. For all these reasons, Allah Most High has forbidden flowing blood.
Pork meat
The third item on this list is pork. Every sound nature instinctively detests it, because it is impure. It is inconceivable that any person with sound taste could feel attracted to pork. For the pig’s most appealing food consists of all kinds of feces and filth. Even from the perspective of modern health science, eating it is highly harmful everywhere, especially in tropical countries. Scientific experiments have also proved that eating pork causes a type of worm to develop in the body, which gradually consumes one’s health.
The latest scientific tests have shown that the following organisms may develop in pork: Cysticerus teunicallis, Cysticereus cellulosae Spargamune mousoni, Echinococeus podymorphus, paragonimus weater manall—Translator
Many other harmful aspects and causes may be discovered in the future. According to many experts, continual consumption of pork arouses shamelessness in human character and destroys the sense of self-respect.
An animal dedicated to someone other than Allah
The fourth forbidden animal is one dedicated to someone other than Allah. Consuming such an animal is also forbidden. That is, if an animal is slaughtered or sacrificed in the name of someone other than Allah, or anyone else’s name is pronounced over it, it becomes forbidden for every Muslim. Idolaters used to—and still do—dedicate animals to their gods and idols. They would sacrifice or slaughter them. Since these animals were dedicated to deities besides Allah alone, and this was done in the hope of gaining proximity to them and worshipping them, it is an act of the utmost shirk. For this reason, a person who believes in Allah alone cannot eat such animals. From the perspective of the religion of tawhid, eating them is manifest shirk. This is why they are forbidden. Its purpose is to preserve the purity of the creed and belief in tawhid, keep people away from shirk and idolatry, and make them opposed to it.
Allah Almighty created human beings and placed everything on earth under their control. Animals too are subject to human beings and placed at their service. Slaughtering them for human benefit is entirely permissible. However, the condition is that, at the time of slaughter, the name of Allah alone must be pronounced—that is, one must say: “Allahu Akbar.” This would establish that the act of slaughtering a living creature and taking its life is being carried out with the permission granted by Allah Himself. But if someone else’s name is pronounced at the time of slaughter, this permission from Allah is effectively rejected. For this reason, the animal has been declared unlawful, and people are to be kept away from it.
Several Types of Carrion
Broadly speaking, these four things are essentially unlawful. However, in view of the somewhat detailed account given in Surah al-–Ma’idah, their number becomes ten. The remaining ones are as follows:
5. Al-Munkhaniqah: an animal that dies by strangulation;
6. Al-Mawqudhah: an animal that dies from being struck by a stick or some other hard object;
7. Al-Mutaraddiyah: an animal that dies after falling from a height, or into a well or ditch;
8. An-Natihah: an animal that dies after being gored by the horn of another animal;
9. An animal mangled by a predatory beast—one whose body has been partly eaten, causing its death. After mentioning these five types of animals, Allah Almighty said: if any of these animals is found alive and then slaughtered, it is not unlawful; rather, you may eat it. Having even the faintest sign of life is sufficient for slaughter. Hazrat Ali (may Allah be pleased with him) said:
………. (Arabic)………………..
You may eat animals that died from a blow with a stick, from falling from above, or from being gored, if they are slaughtered while still alive—when they move a hand or a foot.
‘Dahhak’ said: The people of the Age of Ignorance used to eat these animals without slaughtering them. But Allah Almighty has made eating them unlawful in Islam. However, if one of them still has a little life remaining and can be slaughtered while its foot, tail, or eye is moving, it will be lawful.
(According to some jurists, it is necessary for the animal to have a stable life—that is, blood must be flowing and its legs and arms must be moving vigorously—for it to become lawful after slaughter.)
The Carrion Declared Unlawful: The Reason
The reasons and purposes underlying the prohibition of these forms of carrion are those that have already been mentioned in detail. In particular, it may be said that the purpose of the Shariah is for people to become compassionate toward animals and fully sympathetic regarding their responsibility to care for them. People should not abandon animals in helpless conditions. If one animal dies by strangulation, another falls from a high place, and another dies after entering into a fight with another animal and being gored, it is not at all pleasing to Allah that the animal’s owner should feel no responsibility in the matter. If someone beats animals so brutally that their death becomes inevitable, this becomes a cause of Allah’s displeasure. Some people take pleasure in making animals fight or use such fights to determine victory and defeat. In this, one animal gores another, injuring and covering it in blood, leaving it no alternative but to die. Allah does not approve of this either.
It is also unlawful to eat an animal torn apart by a predatory beast. The fundamental objective in this is to preserve human dignity. Eating an animal’s leftovers cannot be considered befitting for human beings. People are to be kept away from it. During the Age of Ignorance, people ate such animals without hesitation. But Allah Almighty has made eating the leftovers of predatory beasts unlawful for believers.
Animals Sacrificed for the Sake of Deities
The tenth among the unlawful animals is an animal killed at a designated place as a sacrifice to a deity. Its purpose and objective would be the worship of some power, person, or deity other than Allah. During the Age of Ignorance, many such “places” had been built around the Kaaba. At that time, people slaughtered animals at those places in order to worship their deities and seek nearness to them. In short, this too is simply a sacrifice for the sake of other than Allah. In both cases, the ultimate objective is to show devotion and reverence toward a power other than Allah, exalt it, and demonstrate its greatness. The only difference is that the expression “an animal slaughtered in the name of other than Allah” may be used for an animal that is slaughtered when no idol is present before it; rather, it is enough that it be slaughtered in the name of an idol. But an animal slaughtered at such a place will be unlawful even if it is not slaughtered in the name of anyone besides Allah. In other words, in the first case, the “place” is not specified, whereas in the second case, the place is specifically designated.
People believed that if animals were slaughtered at the “places” built around the Kaaba, this would show respect for the House of Allah. The Quran repudiated this mistaken belief and clearly declared this act unlawful. Otherwise, the expression “an animal slaughtered for the sake of other than Allah” also includes an animal slaughtered at such a “place.”
Fish and Locusts Have a Distinct Ruling
Islam has laid down a distinct ruling concerning fish and similar aquatic animals. They have not been counted among the animals made unlawful. When the Noble Prophet (peace be upon him) was asked about seawater, he replied:
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The water of the sea is pure, and its carrion is lawful.
It is stated in the Noble Quran:
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The game of the sea and its food have been made lawful for you.
Hazrat Umar (may Allah be pleased with him) said in his commentary on this part of the verse:
“Sea game” refers to all living creatures hunted in the sea. And “the food of the sea” refers to that which the sea itself casts up.
Hazrat Ibn Abbas (may Allah be pleased with him) also said: “The food of the sea” refers to the dead creatures of the sea.
Bukhari and Muslim books contain this hadith narrated from Hazrat Jabir (may Allah be pleased with him):
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The Noble Prophet (peace and blessings of Allah be upon him) sent a group of Companions on a special expedition. They came upon a large fish. The sea had cast the fish up, meaning that it was dead. They continued eating the fish for more than twenty days. Later, they returned to Madinah and informed the Noble Prophet (peace and blessings of Allah be upon him) about it. He said to them: “Eat the sustenance that Allah has brought forth for you. If any part of that fish remains with you, give some of it to us as well.” Then some of them presented a portion of the fish to the Noble Prophet (peace and blessings of Allah be upon him). He ate it. (Bukhari)
The same ruling of the Shariah applies to locusts as well. The Noble Prophet (peace and blessings of Allah be upon him) permitted eating dead locusts, because they cannot be slaughtered. Hazrat Ibn Abi Layla said:
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We went on seven military expeditions with the Messenger of Allah (peace and blessings of Allah be upon him). And during them, we ate locusts with him.
Use of the skin, bones and hair of dead animals
“Carrion is unlawful” means that eating it is unlawful. But there is no harm in using the skin, horns, bones, and hair of a dead animal. Not only that, doing so is commendable. For these are resources that can be used and put to practical use. Therefore, they cannot lawfully be destroyed.
Hazrat Ibn Abbas (may Allah be pleased with him) said:
A slave of the Mother of the Believers, Hazrat Maymunah, received a goat as a gift. Later, it died. When the Noble Prophet (peace and blessings of Allah be upon him) saw it, he said: “Why do you not remove its skin? You can clean and tan it and then use it.” The people said, “But it has died.” The Messenger of Allah (peace and blessings of Allah be upon him) said: “Only eating carrion is unlawful.”
The Noble Prophet (peace and blessings of Allah be upon him) taught the method of purifying and cleansing the hide of a dead animal. He said:
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Tanning a hide and thereby purifying and cleansing it is equivalent to slaughtering the animal. ((Abu Dawud, Nasa’i)
It is narrated in another report:
‘Tanning’ removes the dirt and impurity from the hide. ((Al-Hakim)
This statement of the Noble Prophet (peace and blessings of Allah be upon him) is quoted in Muslim and other books:
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Any hide that is ‘tanned’ (Tanning) becomes pure.
This is a general ruling. It applies to the hides of all kinds of animals. The matter of dog and pig hides is no different. This is the view of the jurists.
Umm al-Mu’minin Hazrat Sawdah (may Allah be pleased with her) said:
One of our goats died. We then tanned its hide. Thereafter, we would always prepare ‘Nabidh’ (date beverage) in it. Thus, it became one of our old waterskin vessels. ((Bukhari)
In a state of necessity a distinct ruling
The ruling on what is haram being explained here is, in fact, a principle to be followed by free choice in a sound and peaceful state. But a state of dire necessity is distinct from this. This matter has been discussed in detail earlier at this point. Allah has said:
وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلَّا مَا اضْطُرِرْتُمْ إِلَيْهِ
Allah the Exalted has explained to you in detail whatever He has forbidden for you. There is, however, an exception if, compelled by dire necessity, you are forced to consume any of it. (Surah Al-An’‘am: 119)
Being compelled by dire necessity to consume something is a matter accepted and endorsed by all. Such dire necessity is often observed in matters of food. For example, someone may become extremely distressed by hunger. (According to some jurists,) one day and one night may pass while he remains in this state of hunger. Yet during this period he finds nothing that he can eat to satisfy his hunger. At that time, the only food readily available before him is haram food. He may then consume the minimum amount to meet his need and thus escape certain death. The Shariah grants him this permission. Imam Malik, may Allah have mercy on him, said:
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The amount of haram food that may be consumed under dire necessity is enough to fill the stomach (Satisfaction), and to take provisions from it until halal food becomes available.
But others have said:
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A person compelled by dire necessity may consume only as much haram food as is sufficient to keep his final breaths continuing.
Perhaps this view is the one most consistent with the Qur’an’s declaration—“without being inclined toward it or transgressing”—(Arabic). To clarify the matter of hunger, the Qur’an explicitly states:
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Whoever is compelled by hunger to eat something haram, without any inclination or desire toward sin, then surely Allah is Forgiving and Merciful.
For Medical Necessity
The form of dire necessity in the context of medical treatment is this: if someone’s recovery from illness depends on taking a haram substance as medicine, what is the ruling of the Shariah in this regard? The jurists have expressed differing views on this matter. Some jurists do not consider medical treatment to be a necessity as intensely urgent and unavoidable as food. In support of this view, they have also cited a statement of the Noble Messenger, peace be upon him. The hadith is:
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Allah has not placed your cure in anything that He has forbidden to you. (Bukhari)
Many jurists, however, have given serious consideration to the need for medical treatment and have regarded medicine or treatment as just as necessary as food. For just as food is essential for life, the need for medicine cannot in any way be denied. Therefore, in their view, it is certainly appropriate for the use of these prohibited substances as medicine, when necessary, to be permissible. As evidence, they have further said that Hazrat Abd al-Rahman ibn Awf and Zubayr ibn al-Awwam, may Allah be pleased with them, suffered from a skin disease. The Noble Prophet, peace be upon him, permitted them to wear silk clothing, although it was generally prohibited and the Noble Prophet, peace be upon him, had cursed those who wore it.
Perhaps this view is consistent with the fundamental spirit of Islam. For adopting any effective means to preserve human life is the primary objective of every Shariah-based system.
However, permission to use medicine containing haram substances for treatment is based on certain conditions. The conditions are:
1. It must be established with certainty that, if the medicine is not used, a genuine danger may indeed threaten the person’s health.
2. It must be the case that no medicine containing halal substances is available that could replace or serve as an alternative to it.
3. Clear approval on this matter must be obtained from a believing Muslim physician.
Based on our own knowledge and information, and on accounts received from reliable medical experts, we would like to add one point. That is, a situation in which using medicine containing a haram substance becomes absolutely essential for saving a life is not actually expected to arise. Nevertheless, as a matter of principle and on the basis of caution, we do not deny the possibility that using such medicine may become unavoidable. For it is not right to consider it entirely impossible for a Muslim to fall into a place or situation where nothing at all is available except these haram substances.
Collective level need fulfillment arrangements exist individual–need remaining there is not
It may happen that a person cannot find food in his own country or has none available to him. But that does not mean that he has fallen into dire necessity in every respect and that he cannot save his life unless he eats haram food; this cannot be accepted. For among the country of which he is a citizen and the society of which he is a member, or its people, there is a vast reserve of food. In such a situation, the need of the person in dire necessity must be met from the surplus food supplies of other people. Through such an arrangement, this person can be protected from eating haram food, and this is an absolute duty. Indeed, the perfection of the Islamic society must be established through mutual cooperation. Everyone in this society is responsible for everyone else. The totality of all the individuals in this society becomes one single collective personhood. Such a society can be like a wall cast of glass. Each of its bricks supports all the other bricks. (Meaning of the hadith)
In the course of fulfilling collective responsibility, Imam Ibn Hazm‘s quotation has remained a guide for the jurists of Islam. He wrote:
Under no circumstances may a Muslim eat carrion or pork, even in a state of extreme dire necessity. For his Muslim or non-Muslim neighbor has surplus food stored. In such circumstances, it is the neighbor’s duty to give food to the hungry person. In this situation, the person in dire necessity cannot be considered compelled to eat carrion or pork. It is completely lawful for him to obtain the surplus food and drink from his neighbor—he has this right. If he has to fight for this purpose and dies in the process, the killer must be subjected to qisas. If it is necessary to kill the person who prevents him from obtaining this surplus food, that too may be done, and Allah’s curse will be upon the person who is killed. For this slain person prevented a hungry person in dire necessity from obtaining his lawful right. For this reason, he will be counted among the rebellious. And Allah the Exalted has commanded that one should fight against him:
فَإِن بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَىٰ فَقَاتِلُوا الَّتِي تَبْغِي حَتَّىٰ تَفِيءَ إِلَىٰ أَمْرِ اللَّهِ
Then, if one of them attacks the other, fight against those who transgress until they finally return to Allah’s command. (Surah al-Hujurat: 9)
Indeed, whoever usurps or denies a brother’s rights, or obstructs his path, is in fact the rebel. Hazrat Abu Bakr al-Siddiq (may Allah be pleased with him) fought those who refused to pay zakat for this very reason.
Slaughtering according to the Shariah-compliant method
Marine animals are all halal
Living creatures and animals are divided into two categories based on their location and habitat. They either live in the sea or inhabit the land.
Marine animals are those creatures that live and reside in water and whose life outside water is inconceivable. In the view of the Shariah, they are all essentially halal, wherever they may be found. Whether they are caught alive from the water or found dead, whether they rise to the surface or not, they are halal. Fish of both small and enormous sizes are included in this category. The creatures referred to as sea dogs or sea pigs, as well as other similar fish-like creatures, are also considered halal. Whether the one who catches, kills, or hunts them is a Muslim or a kafir is wholly irrelevant in this matter. In fact, by declaring everything in the sea halal, Allah the Exalted has bestowed immense grace upon His servants. No particular category of marine animals has been declared haram, nor has any condition of slaughtering them been imposed. Rather, people have been given unrestricted permission in this regard: they may gather and use as much as they wish to alleviate their hardship and need. It is in the context of expressing this special favor toward His servants that Allah the Exalted has said:
(Arabic***********)
It is He, the Almighty Allah, who has subjected and commissioned the rivers and seas, so that you may obtain fresh meat from them.
He said:
(Arabic*******************)
The game of the sea and its food have been made halal for you. They are provisions for you and for travelers. (Surah al-Ma’idah: 96)
These two verses declare all marine animals halal in general and without exception.
Haram Land Animals
Among land animals and creatures, no animal has been declared haram apart from swine flesh, carrion, blood, and that which is dedicated to or slaughtered in the name of other than Allah. This matter has already been discussed.
However, in the Noble Qur’an itself, Allah the Exalted entrusted Hazrat Muhammad (peace be upon him) with some responsibility for declaring things halal and haram. In describing his responsibility, it is said:
(Arabic*******************)
He makes pure and wholesome things halal for the people and makes foul, rotten, and vile things haram. (Surah al-A‘raf: 157)
Khabeeth refers to that which is generally regarded as disgusting by the sound taste of humanity, even if some people may like it.
A hadith of this nature is:
(Arabic**********************)
On the day of the Battle of Khaybar, the Noble Prophet (peace be upon him) prohibited eating the meat of domestic donkeys. (Bukhari)
It is reported in Bukhari and Muslim: (Arabic**********************)
The Noble Prophet (peace be upon him) prohibited eating the meat of all predatory animals with fangs and all birds that hunt with their talons.
Tigers, jackals, leopards, and the like belong to the first category of animals. Kites, vultures, hawks, and similar taloned birds belong to the second category.
The view of Hazrat Ibn Abbas (may Allah be pleased with him) is that, apart from the four creatures mentioned as haram in the Noble Qur’an, nothing else is haram. It seems that, in his view, eating the animals whose meat is prohibited in the hadith is not haram, but merely makruh. Alternatively, it may be that he did not know these hadiths.
He said: (Arabic************************)
In the pre-Islamic era, people ate many things, while they refrained from eating many others because they considered them bad. Then Allah sent His Prophet and revealed His Book. In it, He made known His declarations concerning what is halal and haram. Therefore, what it declares halal is halal, and what it declares haram is haram. Whatever matter has been left unaddressed is all blameless and forgiven.
Then he recited the previously mentioned verse 145 of Surah al-An‘am. In light of this verse, Hazrat Ibn Abbas (RA) held that eating the meat of domestic donkeys is halal. Imam Malik (RA) also adopted this view. He said that eating the meat of predatory animals that tear apart and consume their prey is not haram, but at most makruh.
However, it is conclusive that merely slaughtering animals that are haram does not make them halal. If such an animal is slaughtered, only its hide may be considered pure without tanning.
Slaughtering Is a Condition for Domestic Animals to Be Halal
The land animals whose meat is permissible to eat are divided into two categories.
Some animals are under human control. Domestic animals such as camels, cattle, goats and sheep, and birds such as ducks and chickens that are raised in households, belong to one category. The other category consists of creatures that do not come under human control, or over which control is beyond human ability.
The meat of the animals and birds in the first category is halal. The condition, however, is that they must be slaughtered according to the method prescribed by the Shariah.
Conditions for Slaughtering According to the Shariah
The essential conditions for slaughtering according to the Shariah are as follows:
1. The animal must be slaughtered or sacrificed by means of a sharp instrument, so that the blood can flow and the veins can be cut properly. The instrument may be made of stone, iron or wood. Hazrat ‘Adi ibn Hatim al-Ta’i says:
(Arabic******************)
I said, “O Messenger! We hunt animals, but at such times we do not have knives; we have only a sharpened stone or a piece of bamboo. What should we do?” The Messenger (SAW) said: “Make the blood flow with whatever is possible, and pronounce Allah’s name over it.” (Musnad Ahmad, Abu Dawud, al-Nasa’i, Ibn Majah)
2. The knife must be drawn across the throat, or inserted into the lower part of the throat—what is commonly called nahr—with the result that the animal dies.
The complete method of slaughter is to cut the food passage and the two large veins between the throat. But when it becomes impossible to strike the knife at the prescribed place—for example, if a bull has fallen into a well with its head inside and its legs outside, making it impossible to slaughter it normally at the proper place—its condition becomes like that of a hunted animal. In that case, a sharp instrument should be used wherever possible to make the blood flow. If this is done, it will become halal.
A hadith has been cited in Bukhari and Muslim from Hazrat Rafi‘ ibn Khadij (RA). He said:
(Arabic**************)
We were travelling with the Noble Prophet (SAW). Suddenly, a camel escaped beyond control. Since the people had no horses with them, they could not catch it by pursuing it quickly. A man shot an arrow at the camel and restrained it. Seeing this, the Noble Prophet (SAW) said: “When these four-legged animals escape beyond your control in this manner, you should treat them similarly.”
3. No name other than Allah’s may be pronounced at the time of slaughter. This is universally agreed upon. The reason is that during the Age of Ignorance people slaughtered animals to draw near to the idols of their deities. While slaughtering, they pronounced the names of those deities or sacrificed at designated places. The Glorious Qur’an has declared all this haram. The relevant verses have already been mentioned.
4. Allah’s name must be pronounced over the animal being slaughtered. The Qur’anic verse states this clearly in these words: (Arabic**********************)
If you believe in Allah’s verses, then eat of those animals over which Allah’s name has been pronounced at the time of slaughter. (Surah al-An‘am: 118)
It has been declared: (Arabic******************)
Do not eat of those animals over which Allah’s name has not been pronounced at the time of slaughter, for eating them is fisq (an act that transgresses the bounds of Islam).
The Noble Messenger (SAW) said: (Arabic*************************)
Eat the animal whose blood has been made to flow and over which Allah’s name was pronounced at that time. (Bukhari)
The hadiths that mention pronouncing Allah’s name when shooting an arrow for hunting and when sending a trained dog to hunt support the view stated above. According to some scholars, pronouncing Allah’s name is necessary, but it is not essential to pronounce it at the exact moment of slaughter; pronouncing the name while eating is also sufficient. For someone who pronounces Allah’s name while eating surely does not eat something over which Allah’s name was not pronounced. Hazrat Aisha (RA) narrated: (Arabic***********************)
Some people who had recently accepted Islam asked the Noble Prophet (SAW), “People bring us meat, but we do not know whether they pronounced Allah’s name over it. Should we eat it or not?” In reply, the Noble Prophet (SAW) said: “Pronounce Allah’s name and eat.” (Bukhari)
The Significance of This Method of Slaughter
The basic reason for prescribing this method of slaughter is that the animal’s life should be ended in such a way that it suffers as little as possible. This is why the slaughtering instrument is required to be very sharp and slaughtering at the throat is required. Otherwise, slaughtering by such means causes a condition like the animal’s throat being constricted. The Noble Prophet (SAW) instructed that the knife be made extremely sharp and that the animal be treated gently. He said: (Arabic************************)
Allah Most High has made compassion obligatory in every matter. Therefore, when you kill, kill with compassion. And when you slaughter, slaughter well and properly. Each of you should sharpen his knife well when slaughtering and allow the animal to become calm gradually after slaughter. (Bukhari)
A hadith narrated by Hazrat Ibn Umar is noteworthy regarding this compassion and kindness. He said:
(Arabic**********)
The Noble Prophet (SAW) ordered that the knife be sharpened and kept hidden from the other animals. He therefore said: “When any of you undertakes slaughtering, let him complete it properly.” (Ibn Majah)
Hazrat Ibn Abbas (RA) said that a man laid down a goat and began sharpening his knife. Seeing this, the Noble Prophet (SAW) said: (Arabic***********************)
“Do you want to kill the goat several times? Why did you not sharpen your knife before laying it down?” (Hakim)
Hazrat Umar (RA) saw a man pressing down on his goat with his foot and dragging it along for slaughter. He said to the man: (Arabic**********************)
“Woe to you! Take the goat toward death in a good manner.”
This is generally what we find in Islamic thought at this point: compassion toward dumb animals and relieving them of every kind of suffering as far as possible.
During the Age of Ignorance, people greatly enjoyed cutting off a camel’s hump while it was alive and eating it. They also cut away the round, dangling fat from the rear of a live ram. This caused the animals immense suffering. For this reason, the Noble Prophet (SAW) declared it haram to cut off any part of a living animal’s body. He said:
(Arabic*******************)
If a part of an animal’s body is cut off while it is alive, it must be treated as carrion (and is haram). (Ahmad, Abu Dawud, Tirmidhi)
The Significance of Pronouncing Allah’s Name at the Time of Slaughter
There is a profound reason behind the necessity of pronouncing Allah’s name at the time of slaughter. It is particularly important to understand this and pay attention to it.
The idol-worshippers and people of the Age of Ignorance used to pronounce the names of their deities when slaughtering. Islam prescribed pronouncing Allah’s name in their place. For when the polytheists pronounced the names of their objects of worship at the time of slaughter, could those who believe in the One Allah refrain from doing so at such a time?
Second: Animals too are creations of the One Allah, just like human beings. For a human being to take their lives, Allah’s permission is absolutely necessary. Pronouncing Allah’s name at the time of slaughter is a declaration that this permission has been obtained. At that moment, the person is as though saying: “I am not doing this because they are weak, helpless and incapable, and because I want to oppress them. Rather, I am performing this slaughter solely with Allah’s permission. In His name I hunt, and in His name I eat it.”
Animals Slaughtered by Jews and Christians
We have previously seen how strict Islam is regarding the slaughter of animals. In fact, this matter is extremely important in Islam. The Arab polytheists and people of the Age of Ignorance regarded slaughtering animals, according to their creed, as part of religion and an essential ritual of worship. By slaughtering animals, they actually sought the pleasure and nearness of their deities. For this reason, they slaughtered animals at designated places as offerings to their deities, and pronounced the names of those deities at the time.
Islam abolished all this and firmly established and implemented the practice of pronouncing only Allah’s name at the time of slaughter. It completely prohibited mentioning the name of anyone besides Allah. It declared haram both slaughtering animals at those designated places and animals dedicated in the name of anyone other than Allah alone.
The People of the Book—the Jews and Christians—were originally believers in tawhid. Later, however, shirk entered their creed of faith, because the call to that religion reached them through people who had been unable to free their beliefs and minds from the faults and taints of polytheistic doctrine. Consequently, there was a strong possibility that Muslims would regard them as idolatrous polytheists and treat them accordingly. But Allah Most High commanded that a different approach be adopted toward them than toward idolaters. Permission was given to share food with them, just as permission was given to establish marital relations with them. Allah Most High said in the last verse revealed in the Qur’an: (Arabic********************)
Today all pure and wholesome foods have been made halal for you, and the food of those who were given the Scripture is halal for you, and your food is halal for them. (Surah al-Ma’idah: 5)
In short, the meaning of this verse is that all kinds of pure and wholesome food are completely halal. Thus, there is no longer anything called bahirah, sa’ibah, wasilah or ham. The food of the Jewish and Christian People of the Book is fundamentally halal for you. Allah has never made it haram. Your food is also halal for them. Therefore, it is permissible for you to eat the meat of animals slaughtered by them or dedicated by them in shirk, and there is likewise no prohibition against their eating what you slaughter or dedicate in shirk.
Islam, however, adopted great strictness regarding the Arab polytheists, while adopting a lenient approach toward the People of the Book. The reason is that the People of the Book accept revelation, prophethood and, broadly, the fundamental rules of religion. For this reason, they are very close to the believers. Sharing food with them, marrying their daughters and associating with them were declared lawful under the Shariah. This gave them the opportunity to observe Islam in its true form in people’s homes, words and deeds, morals and transactions. Through this they would learn that Islam is fundamentally a religion founded on higher knowledge and truth, complete regulations and excellent systems of belief. There is no place in it for shirk or meaningless notions.
The Qur’an declares: (Arabic*****************)
The food of those who were given the Book.
The statement is very general and broad in meaning. All types of food are included in it. The meat of animals slaughtered by them and all their other foods are halal. Thus, all of these remain permanently halal for us. However, anything that has been declared haram—such as carrion, flowing blood and pork—is not permissible to eat. This is the unanimously accepted view, whether it comes from a person of the Book or from a Muslim; there is no difference.
However, several matters require particular consideration by Muslims here.
1. Animals Slaughtered for Festivals at Churches and Fairs
The meat of an animal slaughtered by a person of the Book remains halal unless it becomes known that, at the time of slaughter, he pronounced the name of Jesus Christ, Ezra or some other being besides Allah. But when it becomes known that he pronounced the name of someone besides Allah while slaughtering, the jurists have held that that particular animal becomes haram.
Some, however, have said: “Allah has already made their food halal for us. Allah knows best what they say and whose name they pronounce when slaughtering. There is no need to concern ourselves with that.”
When Imam Malik was asked about animals slaughtered by the People of the Book for their Eid festivals, church ceremonies and similar occasions, he said: (Arabic***********)
I do not consider it makruh to eat it. [This is the fatwa in Imam Malik’s madhhab. Unlike some scholars of this era, he did not hasten to declare things haram; he was content merely to call them makruh.]
His considering it makruh was a matter of his own exceptional piety. He suspected that it had been slaughtered in the name of someone besides Allah, and therefore considered eating it makruh. But he did not consider it haram. According to him, in the case of the People of the Book, slaughtering in the name of someone besides Allah means slaughtering an animal for the worship of their deities and to gain nearness to them; they themselves do not eat such an animal. But animals they slaughter intending to eat themselves are counted among their food, which Allah Himself has declared halal for us. [The book al-Mughni states that if a person of the Book knowingly does not pronounce Allah’s name while slaughtering, it is not halal to eat the animal he slaughtered. This has been narrated from Hazrat Ali (RA).
Imam al-Shafi‘i, al-Nakha‘i, Hammad, Ishaq and the Hanafi jurists held the same view. The meaning of the Qur’anic verse concerning the food of the People of the Book is that it is halal to eat those animals slaughtered by them in which the prescribed conditions of slaughter have been fulfilled, just as they must be fulfilled by Muslims. However, if it is reliably known that the slaughterer did or did not pronounce Allah’s name, or pronounced or did not pronounce the name of someone besides Allah, then eating the animal he slaughtered is halal. Allah Most High has made the animals slaughtered by Muslims and the People of the Book halal for us, knowing that we cannot ascertain the circumstances of every slaughterer. (Al-Mughni, vol. 8, p. 571)
2. Animals Slaughtered by Electric Shock or Eating Canned Meat
The second matter is whether the method of slaughter used by the People of the Book—the Jews and Christians—must be like ours. Just as we cut the throat with a sharp instrument, must their slaughter also be performed in this way?
Most experts have imposed this condition in this matter. However, a group of Maliki scholars issued the fatwa that it is not an essential condition.
Qadi Ibn al-‘Arabi said in his tafsir of the verse of Surah al-Ma’idah:
This conclusively proves that the game and food of the People of the Book are included among the things Allah has declared permissible. They are unconditionally halal. This was stated specifically so that every doubt in this matter would be removed and not the slightest misconception would remain. I was asked: Christians kill chickens by twisting their necks, and then cook them. In such a case, may we share food with them? May we eat their food? I replied that it may be eaten, because it is the food of Christians and their priests and scholars. Although this method of slaughter is not correct according to us, Allah has generally made their food halal for us. Whatever they regard as permissible in their religion is also halal for us. However, those foods that Allah has declared them liars about may not be eaten. Our experts have said that these People of the Book give us their daughters in marriage, and intercourse with them is permissible. In that case, why should we not eat animals slaughtered by them? From the perspective of halal and haram, eating food is much less significant than sexual intercourse.
This same commentator wrote elsewhere:
They do not slaughter; they kill by strangling or crushing the head. Then they eat it. For this reason, it is carrion and haram for us. But there is no contradiction between the two matters—its being impermissible and its being permissible as described above. What the People of the Book regard as valid slaughter is certainly halal for us to eat, even though their method of slaughter is not correct in our view. But what they themselves regard as invalid slaughter is not halal for us either. Slaughter means taking the animal’s life with the intention of making it halal to eat.”
This is the view of a group of followers of the Maliki madhhab.
In light of this discussion, we can understand the Shariah ruling concerning the canned and preserved chicken or beef of the People of the Book. In their countries, chickens are slaughtered by electric shock. As long as they themselves regard these as halal food, they will be considered halal for us according to the general declaration of the verse. [But this view is not unanimously accepted. It is generally known that canned meat does not come from animals slaughtered according to the Shariah. Meat cut with a single stroke or slaughtered without consciously pronouncing Allah’s name cannot become halal for us merely because it comes from the People of the Book. A fatwa must be issued in light of what generally occurs. Therefore, it is not permissible to eat an animal that has not been slaughtered according to the Shariah, even if its slaughterer was a Muslim. —Translator]
However, canned meat produced in Communist countries can in no way be permissible for us to eat, because they have rejected and denied everything called religion. Therefore, they are not included among the People of the Book.
Animals Slaughtered by Fire-Worshippers and Others
Scholars have expressed different views regarding eating the meat of animals slaughtered by fire-worshippers, or adherents of the ancient Persian religion. Many have prohibited eating it because they are in fact polytheists. Other scholars have said that it is halal to eat, because the Noble Prophet (SAW) said: (Arabic******************)
Treat them as you treat the People of the Book. (Malik, al-Shafi‘i)
For this reason, jizyah was taken from the fire-worshippers of a place called Hجر. (Bukhari)
Ibn Hazm wrote in his book al-Muhalla: (Arabic**********************)
They too are People of the Book. Therefore, they must be treated like the People of the Book in every matter. [According to the majority of scholars, it is not permissible to eat animals slaughtered by the Magians—fire-worshippers or Persians. Hazrat Ibn Mas‘ud, Hazrat Ibn Abbas, Hazrat Ali, Hazrat Jabir, Imam Malik, Imam al-Zuhri, Imam al-Shafi‘i, the Hanafi jurists and Imam Ahmad, among others, held this view. According to Ibn Qudamah, the statement of the Noble Prophet (SAW), “Treat them as you treat the People of the Book,” applies only to imposing jizyah. It does not apply to eating animals slaughtered by them or marrying their daughters. (Arabic************************)
‘Allamah al-Jassas said that there is disagreement concerning the Magians. Most jurists hold that they are not People of the Book. Very few consider them People of the Book. The Qur’an calls only two communities People of the Book; if the Magians were also included, three communities would have been mentioned instead of two. The Noble Prophet (SAW) did not say that they were People of the Book. He merely instructed that they be treated like the People of the Book, and that too regarding the collection of jizyah from them. (Arabic*********) —Translator.]
According to Imam Abu Hanifah, the Sabians are People of the Book. (Some also consider the Brahmins People of the Book. It is said that a Book was revealed to them, although they lost it.)
There Is No Need to Investigate Matters Hidden from Sight
It is not the responsibility of a Muslim to question or investigate matters hidden from view—how the animal was slaughtered, whether all the conditions of slaughter were fulfilled, or whether Allah’s name was pronounced at the time of slaughter—or to try to learn such unknown matters. For if a Muslim has slaughtered it, then eating it is completely lawful, regardless of the other unknown matters or whether the slaughterer was ignorant, foolish, sinful, or a person of the Book. It has already been mentioned that the Companions asked, “O Messenger of Allah, people bring us meat, but we do not know whether they pronounced Allah’s name while slaughtering it. What should we do in this situation?” The Messenger replied, “Say Bismillah and eat.”
Experts have said regarding this hadith:
This hadith proves that all actions, dealings, and interventions must be considered sound and proper until conclusive evidence is found that they are wrong or invalid.
Hunting
A large number of people among the Arabs and other peoples of the world depend on hunting for their livelihood. For this reason, special importance has been given to this subject in the Qur’an and Sunnah. The authors of fiqh books have devoted separate chapters to it in their respective works. In them, they have recorded in detail what is halal and what is haram, and what is wajib and what is mustahabb in this matter. Such detail was necessary, because many of the animals and birds whose meat is pure and excellent are not under human control. Catching and subduing them is not easy, since they are not closely familiar with human beings. Therefore, Islam has not imposed on these animals the same condition it imposed for slaughtering domesticated animals—namely, cutting with a knife at the throat or below the throat—in order for them to be halal. Rather, it has prescribed an easier method for slaughtering them. In this way, people’s hardship has been considerably reduced and their dietary options have been broadened.
Islam has given full consideration to people’s natural needs. The purpose of the conditions imposed in this regard is that people submit to Islam’s fundamental beliefs and legal system. Just as a Muslim must observe Islam’s rules in all matters and circumstances, so too must he observe its rules properly in this matter.
Some of the conditions in this regard concern the hunter, some concern the hunted animal, and some concern the act of hunting.
Here we are discussing hunting land animals. The subject of hunting in the water has already been discussed in detail. Its essence is that Allah Most High has made everything lawful without any prohibition. It is stated:
(Arabic***************)
Lawful for you are game from the sea and its food. (Surah al-Ma’idah: 96)
Concerning the Hunter
The condition for a land hunter is the same as that specified for the slaughterer: he must be a Muslim or a person of the Book. The game hunted by someone considered among the People of the Book may also be eaten—for example, a Jew or a Magian.
Islam teaches that hunting without purpose—that is, hunting without the intention of eating the animal or of accomplishing some other beneficial purpose—is not desirable. Islam does not permit killing animals without reason or purpose. It is stated in a hadith: (Arabic********95***********)
Whoever kills a bird meaninglessly and without purpose, it will plead to Allah on the Day of Resurrection: “O Allah, so-and-so killed me meaninglessly; he did not kill me for any benefit.”
Another hadith states: (Arabic***********************)
Whoever unjustly kills a sparrow or a larger bird, Allah will certainly question him about it on the Day of Resurrection. A Companion asked, “O Messenger, what right do they have?” He replied, “Their right is that you slaughter and eat them, not that you cut off their heads and throw them away.”
Another condition for the hunter is that he must not be in a state of ihram for Hajj or Umrah. For while in ihram, a Muslim is in a state of complete peace, security, and protection from harm. In this regard, the prohibition is especially broad: all animals and birds around him are also granted complete security. Even if game comes within reach of the hand or arrow of a Muslim in ihram, he must still refrain from it. This is a means of training the Muslim in patience. Therefore, the Qur’an says: (Arabic***********************)
O believers, Allah will surely test you with game within reach of your hands and arrows, so that He may make known who fears Him unseen. Whoever transgresses after this will have a painful punishment.
(Arabic********************)
O believers! Do not hunt while you are in a state of ihram. (Surah al-Ma’idah: 95)
(Arabic*******************)
As long as you remain in a state of ihram, hunting on land has been made unlawful for you. (Surah al-Ma’idah: 96)
Conditions Concerning the Hunted Animal
The condition concerning the animal to be hunted is that it must be an animal which cannot be caught and slaughtered by cutting its throat or jugular veins. If that is possible, it must be slaughtered according to the prescribed rules; otherwise, it will not be halal.
If it was not hunted by shooting an arrow or using a trained dog, and it is found while it still has life in it, then it must be slaughtered in the customary manner by cutting its throat. But if it is found without any stable life remaining, it is better not to slaughter it. If it is left in that condition to die, there is no sin. Bukhari and Muslim have narrated this hadith:
(Arabic*****************)
When you send your hunting dog, pronounce Allah’s name over it. If it then holds the game for you and you find it alive, slaughter it.
Methods of Hunting
The methods by which hunting may be done are of two types:
1. Sharp, sharpened weapons, such as swords, spears, and the like. An indication of this is found in the Qur’anic verse:
(Arabic********)
Your hands and arrows reach it. (Surah al-Ma’idah: 94)
2. Predatory animals that have been properly trained for hunting, such as dogs and falcons. The Qur’an says: (Arabic******************)
Lawful for you are all pure and wholesome things, and the game caught for you by the hunting animals you have trained, teaching them from what Allah has taught you……… (Surah al-Ma’idah: 4)
Hunting with Sharp Weapons
There are two conditions for hunting with weapons:
First, the weapon must penetrate the body of the game in such a way that the wound itself causes its death. It must not die from the pressure or impact of the weapon. Hadhrat Adi ibn Hatim (may Allah be pleased with him) asked the Noble Prophet (peace be upon him):
(Arabic***************)
I hunt only with an arrow without a blade. It strikes the target; is it permissible to eat it?
The Noble Messenger (peace be upon him) replied: (Arabic*******************)
When you shoot an arrow, if its sharp end penetrates the body, then eat it. But if it strikes sideways and the animal dies from its impact, do not eat it. (Bukhari, Muslim)
This hadith shows that the essential consideration is that the weapon penetrate the body of the game. If the game dies after being crushed beneath a heavy object, it is not permissible to eat it. On this basis, an animal hunted with bullets from a gun, pistol, or revolver will be halal, because these bullets penetrate the body more sharply and deeply than arrows, spears, and swords. A hadith cited by Imam Ahmad in this connection states: (Arabic****************)
Do not eat an animal or bird hunted with a gun, unless you slaughter it; then you may eat it. Bukhari also cited a statement of Hadhrat Ibn Umar (may Allah be pleased with him): Game killed by a gun is haram like an animal killed by the impact of a stone or blunt stick; here, bunduqah means a lump of clay. An animal hunted by throwing such an object is certainly haram. Here, however, by gun we mean a modern firearm, and an animal hunted with it is certainly halal.
Objects resembling a bunduqah include a stone or a piece of baked brick. The Noble Prophet (peace be upon him) said:
(Arabic*********98***********)
Game cannot be hunted with a stone or a piece of brick, nor can an enemy be deeply wounded with it. However, it can break teeth and injure the eyes. (Bukhari, Muslim)
The second point is that Allah’s name must be pronounced when throwing the weapon or using it. This is what the Noble Prophet (peace be upon him) taught Hadhrat Adi ibn Hatim (may Allah be pleased with him). The hadiths he narrated on this subject are especially important.
Hunting with Dogs
When hunting with a dog, falcon, or other hunting animal is intended, the following conditions must be observed:
One condition is that the animal or bird must be properly taught and trained to hunt.
Second, the trained animal or bird must hunt for its owner, not for its own food. This can be understood from the Qur’anic indication.
Third, when it is sent to hunt, Bismillah must be pronounced over it.
All these conditions are stated in the following verse:
(Arabic******************)
They ask you what has been made lawful for them. Say: “Lawful for you are all pure and wholesome things, and the game caught for you by the hunting animals and birds you have trained, teaching them as Allah has taught you. So eat what they catch and hold for you, and pronounce Allah’s name over it.”
1. The matter of training a hunting animal or bird is also clear. It means exercising complete control over it, being able to direct it according to one’s commands, sending it wherever one wishes and having it ready to act accordingly; training it to bring the game to its owner after hunting; to guard the owner’s belongings in his absence; and to respond when the owner drives it forward. Some jurists do differ somewhat regarding the imposition of all these conditions, but the essential point is that the hunting animal or bird must be properly trained according to customary standards.
2. Keeping the game for its owner means that the hunting animal or bird does not eat the game itself but leaves it for its owner. The Noble Prophet (peace be upon him) said: (Arabic*******************)
When you send a dog for hunting and it catches some game and eats from it, do not eat that game. For this proves that it caught and kept the game for itself. But if, after being sent, it catches game and does not eat from it, you may eat it, for this proves that it caught and kept the game for its owner. (Ahmad)
Some jurists have distinguished between hunting animals—dogs—and hunting birds such as falcons and hawks. They have said that even if a hunting bird eats some of the game, it remains permissible to eat; but if a dog eats from it, it is not permissible to eat.
These two conditions have considerable rationale. Training a dog for hunting and having it catch and hold the game for its owner is consistent with the elevated status of human beings. This condition was imposed to keep people away from food left over by dogs. When a dog has been trained, hunts, and holds the game for its owner, it is merely a hunting instrument used by the hunter, just as a hunter uses an arrow, spear, or gun.
3. Saying Bismillah when sending the dog is like saying Bismillah when shooting an arrow or using a spear or knife. The Qur’anic verse gives this very instruction: (Arabic*******************)
4. Numerous sahih hadiths have also been narrated on this subject, such as the hadiths narrated by Hadhrat Adi ibn Hatim (may Allah be pleased with him).
It is also clear from the above condition that if another dog joins the dog that was sent, the game caught by the two will not be halal to eat. Hadhrat Adi (may Allah be pleased with him) asked:
(Arabic******************)
I send my dog for hunting, and later I find another unfamiliar dog with it. What should I do then?
The Noble Prophet (peace be upon him) said: (Arabic***************)
Then do not eat the game, because you pronounced Bismillah over your own dog that you sent, not over the other one. (And you do not know which of the two caught it.)
If one forgets to say Bismillah when shooting an arrow or sending the hunting animal, it is sufficient to rectify this omission when eating. Allah, out of mercy, has forgiven and continues to forgive many mistakes of the Muslim community. This is considered one of them.
Finding the Game Dead after Shooting an Arrow
It often happens, or may happen, that a hunter shoots an arrow at game and it strikes the game, but then the game passes out of sight and is lost. Some time later it is found dead; it is not uncommon for it to be found several days later. In such a situation, the game may be halal subject to several conditions:
1. It must not have remained in water. A hadith on this matter states that the Noble Messenger (peace be upon him) said:
(Arabic***********)
When you shoot your arrow at the game and then find it dead, eat it. But if you find it in water, do not eat it, because you do not know whether it died from your arrow or from drowning.
2. There must be no mark from another arrow on it, so that it can be known that no other arrow caused its death. Hadhrat Adi ibn Hatim (may Allah be pleased with him) said: (Arabic********************)
O Messenger! I shoot an arrow for hunting, and the next day I find the game with my arrow embedded in it.
The Noble Prophet (peace be upon him) said: (Arabic****************)
If you know with certainty that it was your arrow that killed it and there are no marks of a predatory animal on it, then you may eat it. (Tirmidhi)
3. The game must not be on the verge of rotting, because sound human nature dislikes eating rotten things. Besides, they are harmful. A hadith narrated in Muslim states that the Noble Prophet (peace be upon him) said to Hadhrat Abu Tha‘labah (may Allah be pleased with him):
(Arabic*****************)
If, after you shoot your arrow, the game remains out of sight for three days and you then find it, you may eat it as long as it has not begun to rot.
Alcohol
Khamr, or wine, refers to an alcoholic substance that causes intoxication when consumed.
At the outset of our detailed discussion of this subject, we wish to say that consuming this substance causes serious damage to a person’s intellect, judgment, and physical health. His religious devotion is also extinguished. He suffers severe hardship materially as well. His family too suffers enormous harm. Such a condition inevitably brings extreme misery to the material, moral, and spiritual life of the nation and society.
An expert rightly said that nothing has struck humanity as severely as wine. A survey of the hospitals of the world would show that many people have become insane because of drinking alcohol and have contracted illnesses that cannot be treated. Having lost mental and intellectual health, they commit murder; they suffer from nervous disorders and develop chronic stomach ailments. Some even squander their personal wealth and become completely destitute. Their number becomes so great that no matter how much advice they are given, it is all in vain. It becomes impossible to bring any change to their lives.
In the Age of Ignorance, the Arabs had become obsessed with drinking wine. There was no limit to their addiction to it. They had nearly a hundred names for wine in their language. Their poetry and verse mention various kinds of wine and describe the special qualities of each kind. They became absorbed in describing the beauty of those who drank and served it and in praising gatherings where wine was consumed.
Islam came and educated and guided them along a definite and sound path. For this reason, it adopted a gradual policy in declaring alcohol haram.
First, they were forbidden to pray while intoxicated. Then they were made to understand that the sin of drinking alcohol was much greater than its benefit. Finally, through a highly significant verse of Surah al-Ma’idah, drinking alcohol was declared haram permanently and decisively. The verse is: (Arabic*************************)
O believers, know with certainty that wine, gambling, stone altars, and divining arrows are nothing but filthy works of Satan. So avoid them, that you may succeed. Through wine and gambling, Satan only seeks to sow enmity and hatred among you and to hinder you from the remembrance of Allah and prayer. Will you not then desist from these things?
In these two verses, Allah Most High has declared drinking alcohol and gambling haram in stern language and issued an extremely emphatic command or exhortation to avoid them. The verses mention drinking alcohol and gambling together with sacrificial altars and means of divination in order to show the vileness and abomination of the two. In Qur’anic terminology, itرجسis called rijس and is described as the work of Satan. Needless to say, Satanic work is an extremely vile form of shamelessness. Thus, the verses command that both be avoided. Pointing to their collective harm, they state that as a result the drinker will be unable to pray and will forget Allah. Extreme hatred and hostility, even enmity to the point of wishing one another dead, will arise among people. By abandoning prayer and remembrance of Allah, people will lose these two means of spiritual excellence. After saying all this, the believers are asked in extremely stern language whether they will completely refrain from both practices.
In response to such a stern command and instruction, the believers can have only one thing to say. It is:
O God! We have refrained.
O God, we have abstained from it.
And in practice, the Muslims created a remarkable scene. Some Muslims had gathered in one place and were drinking alcohol. One of them had a vessel in his hand and had drunk some, but it was not yet empty. As soon as he heard this verse, he pulled the vessel away from his mouth and overturned it, pouring out what remained.
The harmful effects of alcohol, which severely affect the lives of individuals, families, societies, nations, and states, have led many modern states to try to prohibit it through law and authority. America once tried to stop drinking through the force of law. But it had to acknowledge complete failure in this effort. Islam alone has been able to wage war against drinking and achieve complete success in eradicating it.
There has been considerable disagreement among church authorities in determining the Christian position on drinking wine. They have based different views on individual phrases of the Gospel:
Drinking a small quantity of wine is beneficial for the stomach.
If this were true and wine really were good for the stomach, then, after beginning by drinking a small quantity, the drinker would inevitably start drinking larger and larger quantities. One cup of wine merely arouses a desire for many more cups. Thus he would become accustomed to drinking, while being unable to observe any limit in quantity.
But in this matter too, Islam’s position is clear and decisive. Not only is drinking wine itself haram; every kind of assistance and cooperation in that act is also completely haram.
All Intoxicants Are Haram
When the Noble Prophet first declared drinking wine forbidden, he paid no attention at all to what wine was made from. His attention was focused on its effects and consequences, namely intoxication. Therefore, anything containing an intoxicating effect is considered haram, regardless of what substance it is made from. This is Islam’s final word regarding wine. Accordingly, beer and every other intoxicating beverage like it are entirely haram.
The Noble Prophet was asked about wine made from honey, corn, and barley. In reply, he declared a fundamental principle and said: (Arabic******************)
Every intoxicating substance is khamr, and every khamr is haram. (Muslim)
Hazrat Umar al-Faruq (RA) announced while standing on the pulpit of the Noble Prophet:
(Arabic************)
Whatever substance clouds and distorts a person’s reason and judgment is khamr and forbidden. (Bukhari, Muslim)
Every Intoxicant Is Haram—Whether Little or Much
In Islam, every intoxicating substance has been declared haram. Its quantity is not considered at all in this matter. Thus, whether the quantity is small or large, it is haram in either case. This ruling is intended to prevent people from stepping onto this slippery path and being forced to suffer one fall after another. The Noble Prophet clearly said:
(Arabic****************)
Whatever intoxicates in large quantities, even a handful of it is haram. (Ahmad, Abu Dawud, Tirmidhi)
(Arabic*******************)
Whatever intoxicates even in a few rattis, a handful of it is haram.
The Wine Trade
The Noble Prophet did not stop at declaring the drinking of wine, whether in small or large quantities, haram. He also declared the wine trade haram. This trade is not permissible even with non-Muslims. Therefore, no Muslim may engage in the import or export of wine. Neither building a factory for producing wine nor opening a bar is permissible. Working in a wine shop is likewise forbidden. For this reason, the Noble Prophet invoked a curse upon ten people in connection with wine. They are: (Arabic**********************)
The producer of wine, the one who has it produced, the drinker, the carrier, the one to whom it is carried, the one who serves it, the seller, the one who receives its price and consumes it, the purchaser, and the one for whom it is purchased—all are cursed. (Tirmidhi, Ibn Majah)
(Arabic*******************)
Allah Most High has forbidden drinking wine. Therefore, whoever learns of this ruling may neither drink nor sell any wine he may possess. (Muslim)
The narrator of the hadith says that everyone who had wine stored at that time poured it into the streets and lanes of Madinah.
To close every avenue to drinking wine, it was declared that no Muslim should sell grapes to anyone known to use them to make wine.
It is stated in a hadith: (Arabic************************)
Whoever harvests grapes and stores them only to sell them to a Jew, Christian, or anyone else who will make wine from them has knowingly leapt into the Fire. (Al-Tabarani in al-Awsat)
A Muslim Cannot Give Wine as a Gift
It is not only forbidden for Muslims to sell wine and consume its price; it is also completely haram for any Muslim to give it as a gift to a non-Muslim. Such a gift cannot be accepted on his behalf either. A Muslim is pure: he may give others as gifts or hospitality only pure things, and he himself may accept only such things. A man intended to present wine as a gift to the Noble Messenger. When the Noble Prophet learned of this, he told him that Allah Most High had forbidden wine. The man then said, “Then shall I sell it?” The Messenger replied: (Arabic***********)
The One who has forbidden drinking it has also forbidden giving it as a gift to a Jew.
The man then asked, “What shall I do with it?” The Noble Messenger (PBUH) said, “Pour it into the streets of Madinah.”
Avoiding Gatherings Where Wine Is Drunk
For this reason, every Muslim has been commanded to avoid gatherings or assemblies where wine is drunk. They are also forbidden to associate with drinkers. Hazrat Umar (RA) narrated that the Noble Messenger (PBUH) said: (Arabic**********************)
A person who believes in Allah and the Hereafter must not sit together in a gathering or at a table where wine is served. (Ahmad)
On the other hand, every Muslim is duty-bound to try to stop wrongdoing and sin. But if he is truly unable to do so, he must at least leave that place himself.
Hazrat Umar ibn Abd al-Aziz used to lash not only the drinkers but also those who associated with them in their gatherings, even if they themselves did not drink. Once, several drinkers were brought before him. He ordered that they be punished. Someone said, “Then this person should be punished first.” Have you not heard Allah’s command:
(Arabic******)
A command has been revealed in your Qur’an: when you hear Allah’s verses being denied and mocked, do not sit with them any longer. If later they turn their attention to some other subject, that is different. But if you continue sitting with them at that time, you too will be guilty of a similar offense.
Wine Is Not a Medicine for Illness
On the basis of these decisive proofs, it is clear that Islam has adopted an extremely firm and uncompromising position in its struggle against wine. It seeks to keep Muslims away from it and to erect an impenetrable wall between Muslims and drinking wine, leaving not even the smallest opening or route. No opportunity has been left for Muslims to use wine for any purpose.
For a Muslim, drinking wine—even a small quantity—has not been made permissible. It may not be bought or sold. It may not be offered to anyone as a gift. Producing it is forbidden, and keeping it in one’s shop, office, or home is completely haram. It may not be served at celebrations, invitations, feasts, or hospitality gatherings. Nor may it be used to entertain non-Muslim guests. Likewise, Islam gives no permission to mix it with food or drink.
Whether wine may be used as medicine has nevertheless become a question for people today. The Noble Messenger (PBUH) was also asked this question. He replied: (Arabic*******************)
Wine is not a medicine; rather, it is itself an illness. (Muslim, Ahmad, Abu Dawud, Tirmidhi)
The Noble Messenger (PBUH) said: (Arabic*********************)
Allah has sent down both illness and its medicine. He has also provided treatment for your illnesses. Therefore, seek treatment, but not with anything haram. (Abu Dawud)
(Arabic*******************)
Allah has not placed healing for your illnesses in the things He has made haram for you.
Treatment with wine and other haram substances has been declared forbidden. This is not surprising. To declare something haram means to command that it be avoided and completely and entirely shunned. If it is then used as medicine, one must remain immersed in that haram substance and will be encouraged toward it. In that case, declaring it haram becomes meaningless. Imam Ibn al-Qayyim presented this very argument.
He also said: If permission were given to use haram substances as medicine, people’s interest in and attraction toward them would increase. The heart has a natural inclination toward them. Especially when they prove beneficial and appear to cure illness and promote health, it would be impossible to abstain from them. If permission were given to use wine as medicine, it would become a means of satisfying desire. Drawing attention here to an important psychological point, Imam Ibn al-Qayyim wrote:
To recover through medicine, one must use it with interest and sincerity, considering it beneficial and believing that one may receive the blessing of the healing Allah has placed in it. But a Muslim believes that wine is decisively haram. Because of this belief, he cannot recover through wine. Such a belief will not allow a favorable view of wine to develop, and it will be difficult to take it willingly. Rather, the more firmly a servant is grounded in faith, the more he will hate wine. He will regard it as evil and will be unable even to tolerate it. In such a condition, recovery from illness through wine is impossible; instead, his illness will only increase. (Arabic*******************)
All this is true. Nevertheless, necessity and desperate need are not insignificant in the view of the Shariah. Its rulings have therefore been formulated with them in view. If a disease threatens a person’s life, and wine or a medicine containing wine is identified as the only treatment, with no alternative medicine available, and it has been prescribed by a believing Muslim doctor possessing firm faith, only in such a situation may it be used as medicine. (Such a situation is not commonly encountered.) The Shariah brings ease to people’s lives and removes obstacles and hardship. This Islamic permission must, however, be used only within its specified and narrow limits and may not be exceeded. Allah has said: (Arabic*******************)
If someone is driven by severe necessity, while neither desiring it nor exceeding the limits, then Allah is Forgiving, Merciful.
Mind-Numbing Substances
Khamr is therefore whatever clouds human reason and judgment. This is a highly important and far-reaching fundamental principle. Hazrat Umar (RA) announced it while delivering a sermon from the pulpit of the Noble Messenger. In light of this statement, the significance of the word khamr used in the Qur’an can be understood, leaving no room for doubt or suspicion in this matter.خمرIts significance can be understood, leaving no room for doubt or suspicion in this matter. It is decisively known from this that any substance that clouds human reason and judgment, removes or in any way affects feelings, discernment, understanding, or the power of decision-making, is called khamr or wine. Allah and His Messenger have forbidden that substance forever.
Hashish, opium, cocaine, and similar substances belong to this category. They cloud human reason and judgment so thoroughly that distant things seem near and near things seem distant. Delusions and errors begin concerning what actually exists, while what does not truly exist is believed to exist. Thus the person flounders in a sea of extreme mistakes and baseless ideas and imaginings. Eventually, forgetting his own self, his religion, and the world, he begins wandering in a purely imaginary world.
In addition, consuming such intoxicants ruins one’s health. The nervous system loses consciousness, and the body becomes weak. Moreover, they produce a debilitated mentality, cowardice, moral decline, weakness of will, and impatience. As a result, a person accustomed to consuming these poisonous substances causes widespread decay in the body of society.
Besides all these faults and disasters, the waste of wealth and the breakdown and ruin of family life are inevitable consequences. Often, a person accustomed to consuming these anesthetic substances even spends the money needed for his children’s food on buying them. For this reason, he has no compunction or hesitation about adopting corrupt and dishonest methods.
As stated earlier, Islam’s fundamental principle is that haram things are the cause of every kind of disgrace, evil, baseness, and harm. In reality, it has been established that from the perspectives of health, psychology, society, and economics, these things are extremely harmful and destructive; there is no doubt about it. All the jurists during whose lifetimes these things began to spread were completely agreed regarding their disgrace and vileness. Shaykh al-Islam Ibn Taymiyyah was foremost among them. He wrote:
Hashish and marijuana are haram, whether or not they cause unconsciousness. Consuming them produces excitement of the heart, exhilaration, euphoria, and ecstatic joy. For this reason, it is primarily rebellious people who become accustomed to consuming them. In their effects and properties, they are stimulating like wine. They encourage people to quarrel. Marijuana causes mental confusion and extreme humiliation. It also corrupts a person’s reason and temperament, arouses sexual depravity, and causes people to lose their sense of self-respect. For these reasons, marijuana is even more vile and harmful than wine in its intoxicating effect. Its widespread use among people increased under the influence of the rise of the Tatar community. Whoever consumes it, whether in a large or small quantity, should receive the punishment for drinking wine: eighty or forty lashes.
Whoever is proven to have consumed marijuana must be considered guilty of the offense of drinking wine. In some respects, it is an even graver offense than drinking wine, so he must receive the punishment for drinking wine. The rule of the Shariah is that a hadd punishment must be imposed for haram things toward which desire and craving arise, such as wine and fornication. But for things toward which desire does not arise, such as eating carrion, ta’zir must be imposed. Marijuana is so beloved and tempting to its users that they can never abandon it, even though the decisive proofs of the Qur’an and Sunnah establish its prohibition just as decisively as they establish the prohibition of wine and other such things.
(Arabic**************)
Everything Harmful Is Haram
According to the general rule of the Islamic Shariah, a Muslim may not eat or drink anything that can destroy or ruin him immediately or gradually. All kinds of poison and other harmful substances are therefore haram. Excessive eating and drinking is also impermissible, since illness naturally results from it. A Muslim must not merely satisfy the demands of his nafs; his religion, community, life, health, wealth, and Allah’s countless blessings are entrusted to his care. He must fulfill their rights as well. Therefore, he has no right to destroy any one of these things. Allah Most High Himself has said: (Arabic**********************)
Do not kill yourselves. Surely Allah is Most Merciful to you. (Surah al-Nisa 4:29)
(Arabic*********************)
Do not throw yourselves into destruction with your own hands.
The Noble Messenger (PBUH) said: (Arabic********************)
Do not harm yourself or harm anyone else.
On the basis of these fundamental principles, we can say that if tobacco is harmful to its users, it is haram. (There is no direct evidence for calling it haram; at most, the available evidence allows it to be called makruh.) Especially if a physician declares tobacco harmful for a particular person, it is prohibited for him by the verse quoted above. Even if it is not harmful to health, there is no doubt that it involves extreme waste of wealth, with neither religious nor worldly benefit. It is stated in a hadith: (Arabic*************************)
The Noble Prophet (PBUH) prohibited wasting and squandering wealth.
But if someone is so poor that it is difficult for him to obtain even the expenses necessary for himself and his family, then this prohibition is even stricter and more emphatic for him.
Clothing and Dress
A Muslim should beautify his appearance and form by using the beauty, clothing, and fine dress created by Allah. In Islam, this is not merely permissible; it is fully desirable.
Islam seeks to achieve two aims through clothing. One is covering the private parts, and the second is attaining beauty. Allah Most High has greatly favored people by providing clothing and means of adornment. He Himself has said:
(Arabic*********************)
O children of Adam! We have sent down clothing for you that covers your private parts, as well as adornment for you. A balance and harmony must be established and maintained between covering the private parts and adornment, the two purposes of clothing. If this balance is destroyed, one abandons Islam’s straight path and adopts the satanic path. This is a matter of the utmost importance. In the following verse, Allah Most High explicitly forbids adopting the path of nudity and lack of beauty by following Satan’s footsteps: (Arabic*********************)
O children of Adam! Let not Satan trouble you, as he expelled your parents from Paradise and stripped them of their clothing to expose their private parts before them. (Surah al-A’raf 7:27)
In another verse He said: (Arabic*********************)
O children of Adam! Wear your adornment at every mosque, and eat and drink, but do not commit excess. (Surah al-A’raf 7:31)
Just as a civilized person is ashamed to expose the private parts of his body, Islam has made it obligatory for every Muslim to cover them and to adopt an appearance distinct from that of naked animals. Islam commands that the private parts be covered even in solitude, so that modesty and shame become a person’s habit and natural adornment.
Bahz ibn Hakim narrated from his grandfather: (Arabic*********************)
I asked, “O Messenger! How careful should we be regarding our private parts, and how much may we leave uncovered?” The Messenger said, “Guard your private parts from everyone except your wife and your slave woman.” I asked, “What if people are together during travel and the like?” He said, “Even then, cover your private parts as much as possible.” I asked, “What if one of us is alone?” He said, “Everyone should feel most modest before Allah Most High.” (Ahmad, Abu Dawud, Ibn Majah, Tirmidhi, Hakim, Bayhaqi)
A Religion Promoting Cleanliness and Beauty
Islam has placed greater emphasis on ensuring cleanliness before beauty, because cleanliness serves as the foundation for every kind of beauty, elegance, and brilliance. The Noble Messenger (PBUH) said:
(Arabic*******************)
All of you should maintain cleanliness, for Islam is a clean religion.
(Arabic*********************)
Cleanliness calls forth faith, and faith will take its companion to Paradise. (Tabarani)
The Noble Prophet (PBUH) encouraged keeping the body, clothing, homes, and roads clean. He especially instructed people to keep their teeth, hands, and head clean.
The importance Islam gives to cleanliness is not at all surprising. This religion has declared purity and cleanliness to be like a key for performing a foundational act of worship such as prayer. For this reason, a worshipper’s prayer is not accepted unless his body, clothing, and place are clean. The cleanliness and purity attained through bathing and ablution are a different matter from this cleanliness.
The Arab people lived in rural and desert environments. Consequently, many of them did not feel the need to be particularly careful about cleanliness and beauty. For this reason, the Noble Prophet (peace be upon him) always tried to awaken in them a sense of purity and cleanliness. Through training, he elevated them so greatly that they became the finest civilized nation in the world. Every kind of baseness and ignobility had vanished from their lives. As a result, balanced beauty blossomed in their character.
A man came to the Noble Prophet (peace be upon him). His beard and head hair were untidy. The Messenger (peace be upon him) gestured toward him in such a way that it seemed he was instructing him to arrange his hair and beard. So he did that and returned before the Messenger with his hair and beard in order. Seeing him, the Noble Prophet (peace be upon him) said: (Arabic**************)
Is this not better than someone coming with his head disheveled, as though he were a devil?
The Noble Prophet (peace be upon him) saw another man whose head hair was disheveled. He said: (Arabic**********)
Could this man not find anything with which to arrange his hair? Seeing another man wearing dirty clothes, he said: Could this man not find anything with which to clean and wash his clothes? (Abu Dawud)
The Noble Messenger (peace be upon him) saw another man wearing poor-quality clothes. He said to him, “Do you possess any wealth?”
The man said, “Yes, indeed.” He asked, “What kind of wealth?” The man said:
(Arabic******************)
Allah has given me every kind of wealth.
Then the Noble Prophet (peace be upon him) said: (Arabic**********************)
Since Allah has given you wealth, it is appropriate that the signs of Allah’s blessing and favor should be visible upon you. (Nasa’i)
The Noble Prophet (peace be upon him) gave special emphasis to maintaining proper cleanliness on occasions of public gathering, such as Friday and the two Eids. He said: (Arabic******************)
If possible, one should wear two different garments on Friday, in addition to the two garments worn during work. (Abu Dawud)
Gold and Silk Garments Are Forbidden for Men
Although Islam has declared beauty lawful and desirable and prohibited regarding it as forbidden, as stated:
(Arabic*******************)
Say, “Who has forbidden the adornment and the pure provisions that Allah has provided for His servants?” (Surah al-A‘raf: 32)
Two types of adornment have been forbidden to men, although they have been made completely lawful for women. First: the use of gold ornaments.
Second: wearing pure silk garments.
It has been narrated from Hazrat Ali (may Allah be pleased with him) that he said: (Arabic*******************)
The Noble Prophet (peace be upon him) took silk in his right hand and gold in his left hand and said, “These two things are forbidden to the men of my ummah.” (Ahmad, Abu Dawud, Nasa’i)
It is narrated from Hazrat Umar (may Allah be pleased with him) that he said, “I heard the Noble Prophet (peace be upon him) say: (Arabic**************)”
Do not wear silk garments, for whoever wears silk garments in this world will not be able to wear them in the Hereafter. (Bukhari, Muslim)
Regarding silk clothing, he said: (Arabic*****************)
This is the clothing of those who will have no share in the Hereafter.
The Noble Prophet (peace be upon him) saw a gold ring on a man’s hand. He pulled it off, threw it away, and said: (Arabic**********************)
Would you hold a spark of fire in your own hand?
After the Noble Prophet (peace be upon him) got up and left, the man was told, “Pick up your ring and make use of it.” He replied: (Arabic*********************)
No, by Allah. I will not pick up what the Noble Messenger (peace be upon him) threw away. (Muslim)
Like this gold ring, in modern times wealthy, luxury-loving people are seen using gold pens, gold cigarette lighters, gold cigarette cases, gold cigarette holders, and the like. All of these are forbidden.
However, the Noble Prophet (peace be upon him) made the use of silver rings lawful and permissible even for men. It is narrated in Sahih Bukhari from Hazrat Ibn Umar (may Allah be pleased with him). He said: (Arabic***********************)
The Noble Prophet (peace be upon him) had a silver ring made, and it adorned his hand. Later it adorned the hand of Hazrat Abu Bakr, then the hand of Hazrat Umar, and thereafter the hand of Hazrat Uthman. Eventually, it fell into a well called Aris. (Bukhari)
Moreover, using rings made of iron or other materials is not forbidden. No conclusive evidence establishes that they are forbidden, and a hadith narrated in Sahih Bukhari states that the Noble Prophet (peace be upon him) told a man regarding the bridal gift: (Arabic****)
Search for something and bring it, even if it is only an iron ring.
Imam Bukhari, on the basis of this hadith, expressed the view that using an iron ring is permissible.
However, wearing silk garments may be permissible when there is a genuine reason. The Noble Prophet (peace be upon him) permitted Hazrat Abd al-Rahman ibn Awf (may Allah be pleased with him) and Hazrat al-Zubayr ibn al-Awwam (may Allah be pleased with him) to wear silk garments because of illnesses such as scabies and itching.
The Reason Gold and Silk Are Forbidden for Men
The fundamental purpose of forbidding men to use silk and gold ornaments is to provide them with the finest moral training. The religion of Islam is a religion of jihad and the display of strength. Therefore, Islam aims to protect manliness from every kind of moral weakness, licentiousness, and decline. Allah the Exalted has given men a particular bodily form and structure distinct from that of women. Therefore, men should not begin wearing expensive ornaments and excessively glittering clothes in competition with beautiful women. In addition, collective and comprehensive welfare also lies at the root of this ruling.
Islam has fought against luxury, comfort, and ostentation. Forbidding gold ornaments and silk clothing to men is a particular part of this struggle. For luxury and ease may, in the Qur’an’s view, become causes of national destruction and ruin. They are also the product of collective oppression and exploitation. A small number of people accumulate mountains of luxury and enjoy limitless comfort by exploiting the great majority and the poor. This class of people has always stood as a powerful obstacle to every effort at social reform and collective welfare. At this point, the Qur’an declares: (Arabic************************)
When We decide to destroy a town, We command its affluent people who live in luxury and comfort, and they begin to disobey Allah therein. Then the decree of punishment takes effect against its people, and We destroy it completely. (Surah Bani Isra’il: 16)
(Arabic***********************)
Whenever We send a warner to a town and he begins his mission, its prosperous and luxurious leaders say, “We reject the message with which you have been sent.” (Surah Saba: 34)
In keeping with this Qur’anic outlook and spirit, the Noble Prophet (peace be upon him) declared articles of luxury and comfort forbidden in Muslim life. Thus we find that, just as he prohibited gold ornaments and silk clothing for men, he likewise prohibited all gold and silver utensils for both men and women.
There is also an economic reason behind this ruling. Gold is regarded as reserved capital in the international system, as a form of ready wealth. Therefore, it can by no means be desirable for men to use it as an ornament or utensil.
Why Are These Lawful for Women?
By not prohibiting women from using gold ornaments and silk clothing, importance has been given to aspects specific to women. The feminine nature is naturally inclined toward beauty. A desire for beautification, cosmetics, and the use of ornaments is natural to a woman’s character. However, Islam gives no permission or opportunity to use these things to attract unrelated men or arouse unlawful sexual desires in them. It is stated in a hadith: (Arabic****************)
Any woman who applies perfume and goes among unrelated men, so that they perceive her fragrance, is an adulteress, and looking at her becomes an adulterous gaze. (Nasa’i, Ibn Khara, Ibn Harayash)
Regarding warning women, Allah has said: (Arabic*******************)
Let women not strike their feet forcefully, lest the beauty they conceal become revealed and apparent. (Surah al-Nur: 31)
The Clothing of Muslim Women
Islam has forbidden women to wear clothing through which the beauty of the body may become visible. Likewise, it is completely forbidden for women to wear clothing that leaves particular parts of the body exposed and may cause men to feel sexual arousal upon seeing them. It is not permissible for a Muslim woman to dress while leaving her breasts, waist, thighs, back, or abdomen exposed.
Hazrat Abu Hurayrah (may Allah be pleased with him) narrated that the Noble Prophet (peace be upon him) said: (Arabic****************)
There will be two types of people in Hell. One type will be unjust rulers and administrators, with whips resembling ox tails hanging with them, with which they will strike people. The second type will be women who are clothed yet naked. They will try to attract men toward themselves, and they themselves will incline toward men. Their heads will be like the hump of a leaning camel. They will not enter Paradise, nor will they smell its fragrance, although the fragrance of Paradise will spread over a great distance. (Muslim)
Women who remain naked despite wearing clothes are so described because their clothing does not cover the whole body, or because it is so thin that the beauty of the body shows through it. It is also because they wear clothes while leaving exposed the parts of the body that arouse sexual desire. In both cases, the fundamental purpose of clothing is undermined. Modern women have become accustomed to wearing this kind of clothing.
Their heads are compared to the humps of camels because they tie their hair in a bun very high on top of their heads. It seems that the Noble Prophet (peace be upon him) had already clearly perceived the unseen future. For this fashion of arranging women’s hair is modern; it did not exist in those days. Today, modern-style salons have been established in particular cities for beautifying hair and tying it in fashionable buns. In Arabic, these salons are called (Arabic************) ‘qawafir.’ Almost everywhere, men are responsible for running them. They demand and receive substantial fees for their labor. Not only that, women consider the natural hair given by Allah insufficient, so they buy artificial hair and attach it to the hair on their heads.
The situation is that, on the one hand, a class of men has begun trying to surpass women in laughter, gentleness and softness, beauty, and physical appearance. On the other hand, women are trying in every way to become attractive and draw men toward themselves.
The hadith cited above points to an important matter. There is a profound connection between political tyranny or state despotism and moral decline. The present condition of the world proves this reality conclusively. Tyrannical politicians have always kept nations absorbed in sexually lustful activities and involved people in personal troubles and complications, diverting their attention from national problems so that no one notices their tyranny.
Creating Resemblance Between Women and Men
The Noble Prophet (peace be upon him) declared it completely forbidden for women to wear masculine clothing and for men to wear feminine clothing. (Ahmad, Abu Dawud, Nasa’i, Ibn Majah, Ibn Hibban)
Moreover, he cursed those who imitate women among men and those who imitate men among women. (Bukhari)
Resemblance includes speech, movements, manner of walking, sitting and standing, clothing, and every other such sphere. Denying one’s own nature and refusing to fulfill the demands of one’s disposition, while adopting contrary behavior, is the fundamental cause of disorder in human life and society. Man possesses a particular nature and disposition. Women’s nature and disposition are entirely distinct. There is no real similarity or resemblance between one’s nature and the other’s. But when men try to become ‘women,’ and women seek to adopt masculine conduct and disposition, the inevitable result is extreme moral and social disorder.
The Messenger of Allah (peace be upon him) cursed both the man whom Allah has made a man but who wishes to make himself a woman and resemble women, and the woman whom Allah has made a woman but who wishes to adorn herself with masculine characteristics. They are accursed in both this world and the Hereafter. Allah’s angels also join in this curse.
For this reason, the Noble Prophet (peace be upon him) prohibited men from wearing yellow-colored clothing. It is narrated from Hazrat Ali (may Allah be pleased with him) that he said: (Arabic****************)
The Noble Messenger (peace be upon him) prohibited me from using a gold ring, silk clothing, and yellow-colored garments. (Muslim)
It is narrated from Hazrat Ibn Umar (may Allah be pleased with him). He said: The Noble Messenger (peace be upon him) saw me wearing two yellow garments and said: (Arabic****************)
These are the garments of the disbelievers. Therefore, do not wear them.
Clothing of Fame and Arrogance
All pure things that are drunk, eaten, or worn are lawful for a Muslim. The condition, however, is that one must not exceed the limits in consuming them, and no arrogance or pride should be displayed.
In Arabic terminology, ‘israf’ means excessive use of lawful things that transgresses the limits. An arrogant and boastful attitude is also a matter of the mind, and its outward expression is rarely visible. Falling into self-conceit by considering oneself great is arrogance. Presenting oneself as greater than others is pride. Allah the Exalted has declared in the Qur’an: (Arabic****************)
Allah does not like or love anyone who is absorbed in self-glory and arrogance. (Surah al-Hadid: 23)
The Noble Prophet (peace be upon him) said: (Arabic****************)
Whoever drags his garment out of arrogance, Allah will not even look at him on the Day of Resurrection. (Bukhari, Muslim)
To keep Muslims away from arrogance and pride, the Noble Prophet (peace be upon him) prohibited wearing clothing of fame and distinction. Clothing that makes someone appear distinct from the general public and causes his superiority to be displayed because of his clothing is clothing of fame and distinction. The Noble Messenger (peace be upon him) said: (Arabic****************)
Whoever wears clothing of fame and distinction, Allah will dress him in clothing of humiliation and disgrace on the Day of Resurrection. (Ahmad, Abu Dawud, Nasa’i, Ibn Majah)
A man asked Hazrat Umar (may Allah be pleased with him), “What kind of clothing should I wear?” He replied: (Arabic****************)
Wear clothing that will not cause ignorant and foolish people to regard you as frivolous and insignificant—that is, inferior and low-quality clothing—and that intelligent people cannot find fault with; in other words, do not wear clothing that destroys balance. (Tabarani)
Distorting Allah’s Creation for Excessive Beauty
Islam does not approve at all of doing things in an attempt to increase beauty that result in the distortion of Allah’s creation itself. The Qur’an calls this the devil’s ‘inspiration’ or counsel. According to the Qur’an, Satan himself said regarding his evil incitement: (Arabic****************)
I will command my followers, and they will alter Allah’s creation. (Surah al-Nisa: 119)
Tattooing the Body, Sharpening the Teeth, and Undergoing Operations to Increase Beauty
Tattooing various designs on the body with special instruments and sharpening the teeth are prohibited in Islam. It is narrated in a hadith: (Arabic****************)
The Noble Prophet (peace be upon him) cursed every category of person involved: the woman who tattoos herself, the one who performs the tattooing, the one who files and sharpens teeth, and the one who asks for it to be done. (Muslim)
Blue dye is generally used for tattoos, and extremely ugly designs are made. As a result, the face and hands become disfigured. The Arabs, especially women, have gone very far in this practice. They have tattoos drawn over their entire bodies. Some followers of religions have images and symbols of their deities tattooed on themselves. Christians have crosses tattooed on their hands and chests.
Besides these evils, another major evil is that tattooing causes great pain and suffering because needles are inserted into the body. For this reason, both performing this act and having it performed are prohibited and accursed in Islam.
The Messenger of Allah (peace be upon him) cursed both the woman who files and sharpens her teeth and the one who asks for it to be done. A woman who has this done by another is also accursed. If a man does this, he too will undoubtedly fall under that curse.
Just as this is true regarding the teeth, the Noble Messenger (peace be upon him) also declared it forbidden to carve and create gaps between the teeth. It is narrated in a hadith: (Arabic****************)
The Noble Messenger (peace be upon him) also cursed women who create gaps and engravings between their teeth for the purpose of increasing beauty, because they distort the natural state of Allah’s creation.
Many women naturally have gaps between the teeth of their mouths, while many others do not. Those who do not have them create them artificially. As a result, they deceive people. This artificial alteration is undertaken solely to increase beauty. Consequently, in Islam’s view, artificiality also enters their natural disposition. Islam is not willing to tolerate this at all.
The hadiths cited above are authentic. On the basis of these hadiths, we can learn the ruling of the Shariah regarding undergoing operations to increase beauty. The body- and sexual-pleasure-worshipping civilization of the present age has introduced these operations. This must be regarded as one of the major contributions of today’s materialistic Western civilization. Influenced by this provocation, men and women spend thousands of units of money to make the shape of their noses, breasts, and other features as they desire and more alluring. In reality, such acts only draw Allah’s curse. They are painful and also amount to needlessly changing the form created by Allah. Moreover, the change that surgery can actually produce is extremely slight; genuine transformation is impossible. At most, a physical change can be made, not a spiritual one.
However, if someone has a defect that is additional to the original bodily structure and causes pain or continual psychological distress, there is no harm in treating it. The purpose must simply be to remove that difficulty, because the person is suffering from it and life has become unbearable. This is permissible because Allah has placed no hardship for us in the religion. (Arabic*****************)
Support for this view is also found in the Hadith. The Hadith prohibits surgery undertaken for the purpose of enhancing beauty. Therefore, anyone who undergoes surgery for this purpose must surely deserve the curse. But if it is performed to remove suffering or meet a genuine need, there can be no blame in it.
Thinning the Eyebrows
Another modern means of attaining excessive beauty is plucking out hair or body hair. Usually this means plucking the hairs of the eyebrows on the forehead and making the eyebrows as thin as possible. But Islam regards this act as unlawful. The Noble Messenger (peace be upon him) invoked a curse upon whoever does this. It is narrated in the Hadith: (Arabic**********************)
The Noble Messenger (peace be upon him) invoked a curse upon both the woman who plucks out hair or body hair and the woman who has it done by someone else. (Abu Dawud)
Plucking out hair or body hair becomes an even more serious unlawful act when it becomes a regular practice of immoral women and one of their distinguishing features. Some Hanafi scholars have said that women may remove facial hair, apply red coloring, draw designs, and use nail polish, provided that this is done with the husband’s permission, since these acts are considered adornments of beauty. But Imam Nawawi strongly opposed removing facial hair or body hair. On the basis of the previously cited Hadith, he declared this act unlawful. However, Abu Dawud wrote in his Sunan that the woman who makes designs and pictures on her eyebrows and thins them is called “namisah” in the Hadith.نامصهThis contradicts Imam Nawawi’s view, because removing facial hair or body hair is not counted among the acts that incur a curse.
A narration is recorded in al-Tabarani that the wife of Abu Ishaq was a young woman and fond of beauty. She came to Hadhrat Aishah (may Allah be pleased with her) and asked: May a wife remove facial hair for her husband? Hadhrat Aishah replied: “Remove whatever causes hardship as far as you are able. (Arabic******************)
Attaching Hair
It is also unlawful for a woman to enhance her beauty by attaching someone else’s hair (a wig or hair extension) to the hair on her own head, whether the hair is real or artificial.
Imam Bukhari cited a Hadith through the authorities of Hadhrat Aishah, Asma, Ibn Masud, Ibn Umar, and Abu Hurairah (may Allah be pleased with them):
(Arabic*********131************)
The Noble Messenger (peace be upon him) invoked a curse upon both the woman who attaches hair and the woman who has it done by someone else.
If this is the ruling concerning women, then it can undoubtedly be said that men who do this will also fall under this curse. The Noble Prophet (peace be upon him) called this actتد ليس deception. Even a woman whose hair has fallen out because of an illness may not attach someone else’s hair to her own head. This is also unlawful for a bride who is being sent to her husband.
It is narrated from Hadhrat Aishah (may Allah be pleased with her) that, after a girl from the Ansar was married, her hair fell out because of an illness. She wished to attach other hair to her head. When the Noble Prophet (peace be upon him) was asked about this, he said: (Arabic*********)
Allah Most High has invoked a curse upon both the woman who attaches hair and the woman who has it done by someone else.
When Hadhrat Asma (may Allah be pleased with her) expressed the desire to do this after her hair fell out because of a feminine illness, the Noble Prophet (peace be upon him) gave the same reply cited above.
Said ibn al-Musayyib said: Hadhrat Muawiyah came to Madinah—this was his final visit. He then delivered a sermon before us. During the sermon, he brought out a lock of hair and said: (Arabic******************)
I do not think anyone but the Jews follows this fashion. The Noble Prophet (peace be upon him) called this act falsehood and deception—that is, joining someone else’s hair to one’s own.
According to another narration, Hadhrat Muawiyah said to the people of Madinah: (Arabic**********************)
Where are your scholars now? I myself heard the Noble Messenger (peace be upon him) prohibit this kind of practice. I also heard him say that the destruction of the Israelite women began when they started this fashion. (Bukhari)
The Noble Prophet (peace be upon him) called this act falsehood and deception. This makes the significance of its prohibition clear. In reality, it is a form of deception and fraud, carried out through falsehood. If such an act were permitted, deception and fraud would also become permissible, whereas in Islam they are grave sins. The Noble Prophet (peace be upon him) said: (Arabic************)
Whoever deceives us is not one of my community.
Imam Khattabi said: This act is prohibited because it deceives and misleads people. Moreover, it changes Allah’s original creation, and that is the greater offense. This is what is indicated in the Hadith cited above, narrated by Hadhrat Ibn Masud. The joining and mixing of hair with hair mentioned in the Hadith—whether natural or artificial—is essentially an act of deception and fraud. However, if something other than hair, such as thread or a piece of cloth, is joined to the hair, it is not unlawful. It is reported from Hadhrat Said ibn Jubayr (may Allah be pleased with him) in this regard that he said: (Arabic************)
There is no harm in joining thread, silk, or hair used for making a braid.
Imam Ahmad ibn Hanbal also regarded this as permissible.
Applying Hair Dye
Applying dye to the hair of the head and beard is a form of beautification. The People of the Book, such as the Jews and Christians, do not favor applying dye to change the color of the beard and hair. They believe that beautification and enhancing one’s appearance conflict with religious devotion and worship of Allah. This is also the policy of those who go to extremes in religious devotion, such as ascetics, hermits, and Vaishnavas, by renouncing the world and exceeding proper limits. But the Noble Messenger (peace be upon him) prohibited following these people and adopting similar practices, so that Muslims could preserve the distinct identity, principles, ideals, characteristics, and special qualities of their inner and outer lives. It is narrated from Hadhrat Abu Hurairah (may Allah be pleased with him) that the Noble Prophet (peace be upon him) prohibited following these people and adopting similar conduct, so that Muslims could preserve their distinct identity and the characteristics of their principles and ideals, inwardly and outwardly. Hadhrat Abu Hurairah (may Allah be pleased with him) narrated that the Noble Prophet (peace be upon him) said: (Arabic************************)
The Jews and Christians do not apply dye. Oppose them.
The Companions considered this instruction to indicate desirability. Despite the instruction, not all the Companions applied dye. For example, Hadhrat Abu Bakr and Umar (may Allah be pleased with them) did so, but Hadhrat Ali and Ubayy ibn Ka’b (may Allah be pleased with them) did not. (Arabic*****)
But what should be used to apply the dye? Is black, or any other color, permissible? Or must black dye be avoided? The answer is that people who have reached old age should not use black dye. When, at the conquest of Makkah, Hadhrat Abu Bakr (may Allah be pleased with him) brought his father Abu Quhafah before the Noble Messenger, he saw that his father’s hair had become completely white. He then said: (Arabic*********************)
Change the color of this hair, but avoid black. (Muslim)
But if a person’s condition or age is not like that of Abu Quhafah, and he uses black dye, then according to the Hadith cited above it is not unlawful. Imam Zuhri expressed this view. He said: (Arabic*******************)
When our faces were fresh, youthful, and full of vitality, we used black dye. But when changes began to appear in our faces and teeth, we abandoned it. (Fath al-Bari)
S’ad ibn Abi Waqqas, Uqbah ibn Amir, Hasan, Husayn, and Jarir, among other Companions (may Allah be pleased with them), held that using black dye is generally permissible.
However, some other scholars hold that applying black dye is not permissible. Even according to them, it may be used during jihad to frighten the enemy, so that the opposing side will think that all the soldiers are young. This will make them feel considerably intimidated. (Arabic***********)
A Hadith narrated by Hadhrat Abu Dharr al-Ghifari (may Allah be pleased with him) states: (Arabic*********************)
The best substances for changing the white color of old age are henna and katam.
Katam is a Yemeni grass. Its color tends toward dark red, while henna is red. Hadhrat Hasan (may Allah be pleased with him) narrated that Hadhrat Abu Bakr used both henna and katam as dye, whereas Hadhrat Umar (may Allah be pleased with him) used only pure henna as dye.
Growing and Lengthening the Beard
Growing the beard is one of the matters under discussion. It is narrated from Hadhrat Ibn Umar (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said: (Arabic**********************)
Oppose the polytheists: grow the beard and trim the moustache. (Bukhari)
وفروا“Grow the beard,” that is, keep it, leave it, and allow it to grow naturally. The reason for this command is also given in the Hadith: opposition to the polytheists. By polytheists, the fire-worshipping Magians are meant, since they used to cut their beards. Some of them even shaved their beards. The Noble Messenger (peace be upon him) instructed Muslims to oppose them. He wanted to develop and train Muslims so that their distinctiveness would remain intact: just as they differed from the polytheists in faith and creed, they would also possess distinctive characteristics outwardly. Shaving the beard is an entirely separate matter. It opposes nature and creates resemblance to women, whereas the beard is a distinguishing sign of men. Outwardly, therefore, it differentiates men from women.
However, the instruction to leave and grow the beard does not mean that none of it may ever be cut. A beard can sometimes grow excessively long and look unattractive, causing considerable difficulty and inconvenience to the person. Therefore, it may be trimmed in length and breadth. A Hadith is cited in Tirmidhi Sharif: (Arabic********)
The Noble Prophet (peace be upon him) trimmed his beard in length and breadth.
Many people in earlier times did this. Iyad said: (Arabic************************)
Shaving the beard, or cutting and trimming it into an even shape, is makruh. But if it becomes long, it is good to trim it in length and breadth. (Arabic****************)
Abu Shamah said: In this age, some people can be seen shaving their beards, even though it is universally known that the fire-worshippers used to cut their beards.
At this point I would like to say that many Muslims have begun shaving their beards by following the imperialists—the enemies of Islam, such as the Jews and Christians. By doing so, they are conceding cultural defeat to them. It is the conquered who imitate and follow the culture of the conquering nation, yet they have completely forgotten that the Noble Messenger (peace be upon him) instructed Muslims to oppose the unbelievers and prohibited resembling them. The Hadith states: (Arabic***********************)
Whoever resembles a people is counted among them. In view of the Noble Messenger’s (peace be upon him) Hadith concerning growing the beard, many jurists have declared shaving the beard completely unlawful. This is because obeying this command is wajib. This specific command is based on opposing the polytheists, and opposing them is wajib for Muslims. There is no evidence that anyone in earlier times abandoned this wajib practice.
Nevertheless, some contemporary scholars, influenced by the age and by common practice, have begun saying that there is no harm in shaving the beard. They have also begun saying that keeping the beard long was merely the Noble Messenger’s (peace be upon him) personal habit, not a matter of Shariah or an act of worship. The truth, however, is that leaving and lengthening the beard is not established merely by the Prophet’s own practice; it is also connected with opposing the unbelievers. Imam Ibn Taymiyyah wrote that opposing unbelieving polytheists in all matters is among the specific objectives of Shariah. Outward resemblance generates affection, love, and friendship in the heart, just as love in the heart produces outward resemblance. Human feeling and experience establish this truth. He further wrote that the command to oppose unbelieving polytheists and the prohibition against resembling them are decisively established by the Quran, Hadith, and consensus. Anything in which a harmful cause is present may be declared unlawful. Resembling the outward conduct of unbelievers leads to following their bad character and actions. Indeed, such resemblance may affect even the sphere of creed and belief. This influence cannot be readily detected, because the underlying defect does not appear outwardly; but once it takes root, removing it becomes very difficult. Therefore, anything that leads to harm is unlawful according to Shariah—there is no doubt about this. (Arabic*******************)
Finally, three views should be noted regarding shaving the beard. The first is that shaving the beard is unlawful. The second is that shaving the beard is makruh.
This view is cited in Fath al-Bari in the name of Qadi Iyad. No second person’s name is mentioned there. The third view is that it is permissible.
Although a considerable number of contemporary scholars hold this view, the moderate, more accurate, and more just position is that shaving the beard is makruh, not unlawful. Not every command of the Noble Messenger automatically becomes absolutely wajib, even when opposition to unbelieving polytheists is cited as its basis. A clear example is the command to apply dye and change the whiteness of old age in opposition to the Jews and Christians. Some Companions did not carry out this command. This shows that the command at this level is mustahabb.
It is true that no Muslim of earlier times is known to have shaved his beard. This may also be because people in those days did not consider shaving necessary; rather, keeping the beard had become their habit.
The Home and Place of Residence
A home or place of residence is a secure shelter for people. It is in this home that their family and married life takes place. In his own home, a person feels free from all kinds of social restrictions. In his own home, he finds comfort and rest and experiences complete tranquility. For this reason, while mentioning His blessings to His servants, Allah Most High said: (Arabic******************)
Allah Most High has made your homes a source of peace for you. (Surah al-Nahl: 80)
The Noble Prophet (peace be upon him) liked spacious homes. He considered such homes a means of worldly good fortune. He said: (Arabic************************)
Four things are sources of blessing: a chaste and virtuous wife, a spacious home, a good neighbor, and a fine means of transport.
The Noble Prophet (peace be upon him) often supplicated: (Arabic*********************)
O Allah! Forgive my sins, grant me spaciousness in my home, and bless my provision for me.
A man asked: O Messenger of Allah, why do you often make this supplication? He replied:
(Arabic****************)
Is anything omitted from this supplication?
The Noble Prophet (peace be upon him) instructed that homes be kept clean and tidy, so that this concern for cleanliness would become an outward expression and characteristic of the religion of Islam, and so that Muslims could thereby attain a distinct status from those whose religion regards dirt and uncleanliness as the sole means of attaining nearness to Allah. The Noble Messenger (peace be upon him) said: (Arabic************************)
Allah Most High is pure, and He loves purity. He is gracious and benevolent, and He loves grace and benevolence. He is generous, and He loves generosity. Therefore, all of you keep the courtyards of your homes clean and tidy, and do not resemble the Jews. (Tirmidhi)
Luxury and the Manifestation of Idolatry
There is absolutely no prohibition for Muslims against decorating their homes with paint, polish, splendor, and lawful forms of beauty.
Allah Most High Himself has said: (Arabic**********************)
Who can declare unlawful the adornment that Allah has created for His servants?
Indeed, there is no prohibition or blame in a Muslim keeping his home, clothing, and everything connected with them beautiful, well-arranged, well-decorated, and attractive.
The Noble Prophet (peace be upon him) said: (Arabic****************)
Whoever has even a speck of arrogance in his heart will not enter Paradise. Someone then asked: O Messenger of Allah, one of us likes his clothes and shoes to be very beautiful; does this also count as arrogance? The Messenger replied: Not at all. Allah is beautiful, and He loves beauty. (Muslim)
Another narration states: (Arabic****************)
A handsome and well-dressed man came to the Noble Prophet (peace be upon him) and said: I love beauty, and as you can see, I have been given much of it. I do not even like anyone to surpass me in the matter of a shoelace. O Messenger, is this also considered arrogance? He replied: No. Rather, arrogance is rejecting the truth and considering people low and insignificant. (Abu Dawud)
Of course, Islam does not approve of excess or going beyond limits in any aspect of life. Nor did the Noble Prophet (peace be upon him) approve of Muslim homes becoming centers of luxury and ostentation. The Quran has prohibited this, and the manifestation of idolatry is likewise not acceptable, because Allah’s monotheistic religion has fought idolatry with full force.
Vessels of Gold and Silver
For precisely this reason, having vessels of gold and silver and bedding of pure silk in Muslim homes has also been declared unlawful. The Noble Prophet (peace be upon him) spoke in severe terms of the grave consequences of opposing this principle. Umm Salamah (may Allah be pleased with her) narrated that the Noble Prophet (peace be upon him) said: (Arabic****************)
Whoever eats or drinks from vessels of gold and silver will have the fire of Hell boiling in his stomach. (Muslim)
(Arabic****************)
The Noble Messenger (peace be upon him) prohibited us from eating and drinking from vessels of gold and silver, wearing silk and brocade garments, and sitting on them. He said: These are for the unbelievers in this world and for us in the Hereafter. (Bukhari)
Whatever is unlawful to use is also unlawful to give as a gift or offering, and it is likewise unlawful to use it for decoration and enhancing beauty.
Using vessels of gold and silver and having silk bedding are unlawful for both men and women. The sole purpose of declaring these unlawful is to free and purify homes from luxuries. Ibn Qudamah wrote very beautifully in this regard:
Since the Hadith mentions these matters in general terms, they are equally unlawful for both women and men. The purpose of declaring them unlawful is to prevent waste, pointless expenditure, pride and ostentation, and hurting the feelings of the poor. This applies equally to men and women. However, the use of jewelry is permissible for women so that they may adorn themselves for their husbands. Someone may ask: If this is the reason for the prohibition, why are vessels made of rubies, diamonds, jewels, and other precious stones not also unlawful? The answer is that poor people are unfamiliar with these things. Therefore, if wealthy people use them, there is no reason for the poor to feel hurt. Moreover, such precious stones are available only in very small quantities, so making vessels from them is hardly conceivable. Hence there is no remaining need to prohibit them. The case of gold and silver, however, is different. (Arabic****************)
Apart from these reasons, economic considerations also lie behind the prohibition of these objects. This was indicated earlier. In essence, gold and silver are regarded internationally as liquid capital. Allah Most High has designated them as the measure of the value of wealth. They possess a certain expressive power: they create and preserve the proper balance among values, and they also serve the function of exchanging foreign currencies. By explaining their proper use in this way, Allah Most High has blessed people with His favor. Allah wants people to keep them in circulation. He does not at all approve of their being locked away at home as liquid assets or left idle as vessels and ornaments.
Imam al-Ghazali wrote very beautifully on this subject:
Whoever makes vessels of gold and silver with gold coins such as dirhams or dinars—or purchases and keeps them—is ungrateful for Allah’s blessings. He commits an even greater offense than hoarding wealth. It is like assigning a city administrator the trivial task of weaving cloth or sweeping, which ordinary people can do. Rather than using them in this way, it would be better to save them. Gold and silver are substitutes for baked clay, iron, lead, copper, and other circulating materials in preserving such things. Utensils are made precisely to preserve circulating materials. But baked clay and iron cannot achieve the purpose of acquiring liquid wealth. Whoever is unfamiliar with this principle should have it clarified through the explanations and analyses provided by Allah, and should be made to hear this hadith: (Arabic****************)
Whoever eats or drinks from vessels of gold and silver fills his stomach with the fire of Hell. (Ihya’ Ulum)
It is incorrect to think that declaring these things unlawful will cause any kind of hardship in the household affairs of Muslims. The scope of pure and lawful things outside them is very broad. Vessels of glass, porcelain, copper, and many other metals of this kind are far better and more gleaming. Beds and pillows made of cotton, thread, and similar materials are much more comfortable.
Portraits Are Forbidden in Islam
Islam has forbidden keeping representations of living beings (statues) in the homes of Muslims. Pictures or statues of respected persons are also included. If such objects are present in someone’s home, the angels of Allah’s mercy flee from it. The Messenger of Allah (peace be upon him) said: (Arabic****************)
The angels of Allah’s mercy do not enter a house in which a picture or statue is present.
Scholars have explained the reason by saying that those who hang pictures of living beings on the walls of their homes act like the unbelievers. Unbelievers generally hang pictures and statues on the walls of their houses and show them respect, devotion, and reverence. Because the angels dislike this practice, they leave such houses and do not return to them.
Islam has also forbidden making statues. Even if they are made for non-Muslims, it is not permissible. The Messenger of Allah (peace be upon him) said: (Arabic****************)
Those who produce or make such pictures and statues will be subjected to the severest punishment on the Day of Resurrection.
Another narration states: (Arabic****************)
These are the people who try to imitate Allah’s act of creation.
The Noble Prophet (peace be upon him) warned: (Arabic****************)
Whoever draws a picture of a living being or makes a statue will be compelled on the Day of Resurrection to breathe life into it, but he will never be able to do so. (Bukhari)
He will be punished by being assigned the impossible task of bringing it to life with a real soul, for he will never be capable of doing this.
Reasons for Prohibiting Pictures and Statues
(a) There are many reasons why pictures and statues are forbidden. The first notable reason is the preservation of belief in tawhid and avoidance of practices resembling idolatry. Idolaters make pictures and statues with their own hands, then regard them as sacred, worship them, bow humbly before them, and prostrate themselves before them.
Islam is uncompromising and unyielding regarding the creed of tawhid. That is only natural. Nations that make pictures and statues as memorials to exemplary ancestors and national heroes begin, after some time, to regard those images and statues as greatly sacred and venerable. They begin to worship them as gods. Secretly, they fear them, try to gain their favor, seek fulfillment of their hopes and wishes, and begin appearing before them to obtain blessings. This is the history behind idols such as Wadd, Suwa, Yaghuth, Ya’uq, and Nasr.
Islam’s vigilance in this matter is no cause for wonder. Islam is determined to block every path to corruption and collapse. Its aim is to close forever all the openings through which manifest or hidden shirk may enter people’s minds, take root, and make them polytheists, as well as every path through which idolatry and religious excess may spread in society. Islam’s uncompromising policy and stance in this matter also arise from the fact that Islamic Shariah is not for one age, one era, one country, or one lineage; it is a way of life for all people of all times. Wherever they live in the world, all people can follow it properly until the Day of Resurrection.
(b) Another reason why making pictures and statues is forbidden is that their maker falls prey to the mistaken notion that he has brought something from nonexistence into existence, or created a living being from earth, stone, or ink and pen. Real events prove the truth of this notion. For example, a man made a statue and then continued working beneath it for a long time. When the statue was complete, he stood before it, gazed at the shape of its nose and its finely worked beauty, delighted in self-admiration, and, swelling with pride, began addressing the figure: Speak, speak! (as though it were a living being).
It is for this very reason that the Messenger of Allah (peace be upon him) said: (Arabic****************)
Those who make such statues and figures will be punished on the Day of Resurrection and told: Bring to life what you created. (Bukhari, Muslim)
It is stated in a hadith that Allah Most High said: (Arabic****************)
Who could be more unjust than one who seeks to create as I create? Let them create even a single grain of barley or wheat! (Then we would see what they are capable of.) (Bukhari, Muslim)
(c) Those who seek to fulfill their aims through this practice stop at nothing. They begin making nude and semi-nude pictures and statues of women. They do not hesitate in the least to make cross-shaped idols, symbols of idolatry and fire worship, or to create figures of nature; yet making such things is by no means permissible for a Muslim.
(d) There is no doubt that statues are a sign of a luxurious life. It has always been the practice of wealthy people who live in luxury and splendor to decorate their palace-like homes with statues and pictures. They cover the walls of their rooms by hanging picture after picture. They make statues from various metals to demonstrate and display their artistic skill and love of art. Islam has opposed all forms of luxury and the symbols that display and demonstrate it. Islam can in no way tolerate the gathering or presence of statues in Muslim homes, and it is not at all strange that it has declared them entirely unlawful.
Ways of Preserving the Memory of Great Men
Someone may ask: Should statues of the great men who have left everlasting achievements in national history not be erected to keep their contributions permanently alive in everyone’s mind, acknowledge their favors, and preserve their memory forever before future generations? A nation’s memory is not very strong; people forget everything. The passage of time causes them to vanish into the womb of oblivion. In such circumstances, what harm is there in making statues?
The answer is that Islam does not approve of excessive respect or devotion toward personalities, no matter how great or exalted they are, and whether they are dead or alive. The Noble Prophet (peace be upon him) said:
Do not exaggerate in praising me or go beyond bounds, as the Christians exaggerated in praising Jesus, son of Mary. Rather, say of me: Allah’s servant and His Messenger.
The Companions wished to stand out of respect for the Noble Prophet (peace be upon him), but he himself forbade them. He said: (Arabic****************)
Do not stand as non-Arabs stand for one another as a display of respect. (Abu Dawud, Ibn Majah)
After the Messenger of Allah (peace be upon him) departed from this world, he said that the members of his ummah should not exceed the bounds in showing him honor, respect, devotion, or reverence: (Arabic****************)
Do not turn my grave into a place of celebration.
He frequently prayed to Allah: (Arabic****************)
O Allah, do not let my grave become an idol to be worshipped.
Some people came to the Messenger of Allah (peace be upon him) and began saying:
O Messenger of Allah! O the best of our people;
O worthy son of the best of our people;
O our master, O son of our master;
Hearing this, the Noble Prophet (peace be upon him) said: (Arabic****************)
O people! Address me as you have always addressed me until now. Do not let Satan deceive you. I am Muhammad, Allah’s servant and His Messenger. Do not raise me above the position and rank Allah has given me. (Nasa’i)
Making statues of people, installing them like idols, showing them respect, and spending thousands of taka for that purpose—this practice of showing respect is in no way supported by Islam.
For ages, false claimants to superiority and fabricators of false, invented histories have misled the nations of the world through such conspiratorial means. They have never allowed the true servants and benefactors of the nation to come before the people; instead, they have hidden them away. They have given people no opportunity to know or recognize them.
The permanence that a believer desires can be obtained only from Allah. He knows every secret and hidden matter, and He never forgets anything. There can be no mistake or error on His part. The names of hundreds of great personalities are permanently recorded with Him, although people neither know nor recognize them. Allah loves the righteous, God-fearing, unknown, and obscure people—those who, when seated in an assembly, are not recognized, and whose absence no one even notices.
If permanence is what is desired, it cannot be achieved by erecting such statues or figures. There is only one way, and it is the way approved and supported by Islam: the memory of those personalities must be firmly planted in people’s minds. Their virtues and praises must be spoken and resound from mouth to mouth. Seeing the good and beneficial deeds they performed and the incomparable achievements they left behind, future generations will naturally continue praising and commemorating them forever.
The memory of the Messenger of Allah (peace be upon him), the Rightly Guided Caliphs, the historical leaders of Islam, and the mujtahid Imams has not been preserved and made everlasting through pictures or statues made of stone. Their figures were not carved from stone. Rather, the accounts of their enduring and incomparable achievements have passed from one generation to the next—from children, parents, uncles, and grandparents—by word of mouth and from memory to memory. Their noble deeds have been mentioned orally and explained and discussed in assemblies and gatherings. People’s hearts and minds are filled with accounts of their achievements, and this will continue forever. Without making any pictures or statues, they have become and will remain eternally memorable and unforgettable.
I quote here part of a discussion presented at a seminar held at Al-Azhar by Al-Ustadh Muhammad al-Mubarak, former head of the Shariah Department at Damascus University. He said: At present we are facing new environments, circumstances, organizations, and social customs. Many of them, however, are entirely inconsistent with our sound creed and faith and our traditional rules and principles. One of them is the practice followed in Europe and America of making statues to preserve national “heroes” forever in people’s memories. When we think independently and without outside influence, we see that the Arabs of ancient times preserved the memory of their great men’s remarkable and historic deeds—such as sacrifice for national interests, unparalleled generosity, benevolence, and boundless courage and valor—in a particular way. These were widely mentioned in their tales and gatherings and made unforgettable to generation after generation. Their high praises were recorded in their poetry. The generosity of the historic Hatim al-Ta’i and the valor of Unshaja became everlasting in this way.
Islam came and strengthened this very method. The best of Allah’s creation and the final Prophet was presented as a human being. He was made to declare with his own lips: (Arabic****************)
I am only a human being like you. However, revelation comes to me.
As a result, a person’s worth and standard became his deeds, not his body. The Messenger was established as an exemplary person whom everyone should follow, so that all people could follow him without hesitation. At the same time, the sanctity and superiority of a person—elevating him so far that it reaches the level of worship—were rejected. For that would indirectly reduce other people to inferiority and insignificance.
For this reason, when the Messenger of Allah (peace be upon him) died, the first Caliph proclaimed in a resounding voice: (Arabic****************)
Whoever worshipped Muhammad (peace be upon him) should know that Muhammad (peace be upon him) has died, and whoever worshipped Allah should know that Allah is Ever-Living and will never die.
Then he recited: (Arabic****************)
Muhammad (peace be upon him) is only a Messenger; many messengers passed away before him. If he dies or is killed, will you turn back?
Islam makes people permanently remembered through their righteous deeds benefiting the public and preserves them in the hearts of the Muslim people. People of all ranks remain equally remembered through the memory of their righteous deeds. Umar (may Allah be pleased with him) remains unforgettable in people’s hearts and minds because of his just and strong state policy and administrative skill; Abu Bakr because of his firm resolve and accurate foresight; and Ali because of his piety and courage. There was no need to rely on stone statues to make them permanently remembered. Their achievements made them unforgettable, as did their incomparable, pure character.
In fact, adopting the practice of making statues to preserve the memory of great men forever means turning back, not progressing; it is regression and decline from an elevated status. The Romans and Greeks were the first to adopt this practice. The Europeans later followed them, for all of them are naturally inclined toward idolatry. They did not properly value the remarkable deeds of individuals. Rather, they granted them the status of gods and made their gods into national heroes.
There Is No Harm in Children’s Toys
Some statues and figures are not made to show infinite devotion or reverence toward anyone, nor are they intended to display excessive luxury or wealth. Moreover, the danger mentioned in the preceding discussion does not arise in their case. Islam has not shown narrow-mindedness or intolerance regarding such statues and figures. They have not been deemed objectionable.
Figures made as toys for young boys and girls fall into this category, such as dolls and figures of animals including cats, dogs, and birds. There is no question of showing devotion or reverence toward them or harboring such feelings in the heart. Children merely play with them; they do not worship them. The Mother of the Believers, Aisha (may Allah be pleased with her), said: (Arabic****************)
I used to play with dolls in the presence of the Messenger of Allah (peace be upon him). My girlfriends would come to me and hide out of fear of the Messenger, but he was pleased when they came to me and played with me. (Bukhari, Muslim)
Another narration states that one day the Noble Prophet (peace be upon him) said to her: What are these? She said: These are my dolls. He said: What is that among them? She said: That is a horse. He asked: And what is on the horse? She said: Two wings. He said: Does a horse have wings?
Aisha (may Allah be pleased with her) said: “Have you not heard that Solomon, son of David, had winged horses?” Hearing this, the Noble Prophet (peace be upon him) laughed, and his blessed teeth became visible as he laughed. (Abu Dawud)
The dolls mentioned in the hadith are the kind with which boys and girls play. Aisha (may Allah be pleased with her) was a very young girl at the time of her marriage.
Imam al-Shawkani wrote: (Arabic****************)
The hadith containing the foregoing conversation proves that it is permissible to let children play with such figures.
It has nevertheless been reported regarding Imam Malik (may Allah have mercy on him) that he considered it makruh to purchase dolls and similar toys for children. Qadi Iyad said that it is permissible for little girls to play with dolls.
These toys also include dolls made of sweets and sold at fairs and markets. Children play with them for a while, then eat them themselves.
Incomplete and Distorted Figures
It is related in a hadith that Gabriel (peace be upon him) once refrained from entering the house of the Noble Prophet (peace be upon him) because a figure was kept at the doorway. He did not enter when he came the following day either. Then he said to the Noble Prophet (peace be upon him): (Arabic****************)
Cut off the head of the figure, and it will become like a tree. (Then there will be no obstacle to his entering.) (Abu Dawud, Nasa’i, Tirmidhi)
Based on this hadith, a group of scholars have said that only a picture or statue that is complete and fully formed is unlawful. If a picture or statue lacks a limb without which a living body could not survive, it is permissible.
The actual point is that Gabriel (peace be upon him) ordered its head to be cut off so that it would take the form of a tree. This shows that the issue is not merely whether a living body can survive without a particular limb. The essential point is to distort it, so that it does not retain a form capable of arousing feelings of devotion and reverence in the heart when seen.
If we reflect and reach a judgment based on fairness, we can say without doubt that the complete figures installed to decorate homes, and the half-length figures of kings, rulers, statesmen, soldiers, poets, and writers erected as memorials in fields, public grounds, and crossroads, must be even more unlawful.
Pictures and Statues Without Living Subjects
The Islamic perspective on statues has just been discussed. The question now is: What is Islam’s view regarding artistic pictures drawn on paper, cloth, curtains, walls, floors, stages, coins, and similar surfaces?
In answer, I would say that before determining the Shariah ruling on a picture, it is necessary to clarify what it depicts, where it is being kept, how it will be used, and for what purpose the artist made it.
If these artistic images are of deities other than Allah—for example, an image of Jesus (peace be upon him), whom the Christians have made their deity, or an image of a cow or ox, which is a deity of the Hindus—then, since the makers have produced these images precisely for this purpose, they are unbelievers. Their objective is to spread disbelief and misguidance through images. It is concerning the makers of such images that the Noble Prophet (peace and blessings be upon him) delivered severe warnings. At this point, his statement is: (Arabic****************)
The makers of images will be cast into the severest punishment on the Day of Resurrection. (Muslim)
Al-Tabari wrote:
Here, the maker of an image whose image is worshipped is being referred to. Knowingly making such an image is an act of disbelief. But whoever takes or makes an image for some purpose other than this will only be sinful.
This statement concerns the person who regards an image as sacred and hangs it on a wall. No Muslim can do this. But if someone abandons Islam altogether, his case is different.
A similar case is that of making an image of something that is not worshipped, but whose actual purpose is to imitate Allah’s act of creation; in other words, by making images, one seems to claim that one too possesses, like Allah, the power to create and originate.
Such a person is expelled from the religion of Islam because of his intention and resolve. It is concerning makers of this kind of image that the Hadith states: (Arabic****************)
Those who imitate Allah in creation will be cast into the severest punishment. (Muslim)
The matter is connected with the image-maker’s intention. Support for this statement is also found in the following Hadith, in which Allah’s words are quoted: (Arabic****************)
Who can be a greater wrongdoer than one who begins to create like My creation? Let them create a grain or a speck.
The wording of the Hadith indicates that what is meant is the intention to imitate and to match the distinctive attribute of divinity—equality in creation and origination. Allah, Most High, has challenged this act. He said: If you truly wish to imitate, then why do you not create a living being, a grain, or even a speck? This also shows that the person acted with this very intention. Therefore, on the Day of Resurrection, Allah will punish them by commanding them, before the people, to breathe life into the bodies they themselves created. But they will never be able to do so.
Making and preserving images or portraits that are regarded as extremely sacred from a religious perspective, or as worthy of honor from a worldly perspective, is forbidden. The first category may include images or portraits of prophets and messengers, angels, and righteous people—for example, images or portraits of Abraham, Isaac, Moses, Mary, and Gabriel, peace be upon them. In Christian societies, preserving images and portraits of this kind is widespread. Many innovating Muslims also imitate them. They make images or portraits of Ali and Fatimah, may Allah be pleased with them, and others.
The second category consists of kings, rulers, dictators, and artists and writers. Making their images or portraits involves somewhat less sin than making images or portraits of the first category. But if images or portraits are made of prominent unbelievers, tyrants, and immoral and debauched people, the sin becomes more serious. This includes images or portraits of rulers who do not govern according to Allah’s law; large images or portraits of leaders who call people toward something other than the way of life given by Allah; and images or portraits of artists and writers who promote false ideologies and spread shamelessness, nudity, and moral corruption among people.
In the era contemporary with the Messenger, images and portraits were made primarily to express sanctity and honor. Most of them were the work of the Romans and Persians—that is, Christians and fire-worshippers. Consequently, the imprint of religious devotion and reverence, and of sanctity toward rulers, was pronounced upon them. Abu al-Duha said: (Arabic****************)
I was in a room with Masruq. Many portraits and images were kept there. Seeing them, Masruq asked me, “Are these portraits of Kisra?” I replied, “No, this is a portrait of Mary.” Perhaps Masruq had thought that these portraits had been made by fire-worshippers, since they make images of their kings on vessels and the like. But it became known that these portraits had been made by Christians. At this point Masruq said, “I heard Abdullah ibn Masud, may Allah be pleased with him, say that the Noble Messenger, peace and blessings be upon him, said: The people most deserving of the greatest punishment from Allah are those who make images and portraits.”
Apart from these, there is no harm in making and keeping images of lifeless natural scenes, such as plants and trees, rivers, ships, mountains, the moon, the sun, and stars. There is no room for disagreement on this matter.
But if the image is of an animal, and there is no fear of the previously described implications—if it is not an image intended to arouse reverence, devotion, honor, or sanctity, and if there is no intention to imitate Allah’s creative power—then, in the view of the author of this book, there is no sin in it and it is not forbidden. Support for this is found in the following two Hadiths: (Arabic****************)
It is narrated from the Companion Abu Talhah that the Noble Messenger, peace and blessings be upon him, said: Angels do not enter a house in which there is an image. The narrator of this Hadith, Busr, said: Later, when Zayd fell ill, we went to visit him. We saw that there was an image on a curtain hanging at the door of his house. We asked Ubaydullah al-Khawlani, the foster son of the Prophet’s wife Maymunah, “What did Zayd tell us on the first day about images?” Ubaydullah replied, “When he declared images forbidden, he also mentioned this exception: there is no harm if they are depicted on fabric.”
Utbah narrated: He went to visit Abu Talhah al-Ansari and found Sahl ibn Hunaif there. Abu Talhah told a man, “Bring out the mattress from underneath.” Hearing this, Sahl asked, “Why are you taking it out?” He replied, “Because it has an image on it. You know what the Noble Prophet, peace and blessings be upon him, said about images.” Sahl said, “He also said that there is no harm if it is depicted on fabric.” Abu Talhah was correct, but I think it is better to remove it.
Do these two Hadiths not prove that the forbidden image means a statue? But it has not been established by any sound, explicit, and decisive Hadith that images painted on wooden panels, boards, stiff paper, fabric, bedding, or walls are forbidden.
However, it is established from sound Hadith that the Noble Prophet, peace and blessings be upon him, expressed displeasure toward such images, because they closely resemble and are fully associated with luxury, affluence, and the worship of worldly interests.
It is narrated from Abu Talhah, may Allah be pleased with him, who said: I heard the Noble Messenger, peace and blessings be upon him, say: (Arabic****************)
Angels do not enter a house in which there is a dog or a statue.
He said: Later I asked Aishah, may Allah be pleased with her. This man said that the Noble Messenger, peace and blessings be upon him, had supposedly said that angels do not enter a house in which there is a dog or a statue. Had you heard the Messenger, peace and blessings be upon him, say this? She replied, “No. But I will relate to you what I myself saw him do. The Noble Messenger, peace and blessings be upon him, went out on a military expedition. I hung a curtain at the door. When he returned and saw that curtain hanging at the door, signs of discomfort and displeasure appeared on his face. He then pulled it down and tore it, saying, ‘Allah has not commanded us to decorate stones and clay with cloth.’” Aishah, may Allah be pleased with her, said: “I made two cushions from that cloth and stuffed them with palm fiber.” In the end, he did not object to the matter.
The most that this Hadith proves is that decorating walls and the like with fabric bearing images is merely makruh tanzihi. Imam al-Nawawi wrote: (Arabic****************)
There is nothing in the Hadith that proves prohibition. The Hadith’s wording, “Allah has not commanded us to do this,” proves neither that it is obligatory nor that it is recommended; nor does it prove that it is forbidden.
This is also known from another Hadith narrated by Aishah, may Allah be pleased with her. The Hadith is as follows: (Arabic****************)
I had a curtain with a bird depicted on it. Whenever anyone entered the room, their gaze fell upon it. Seeing this, the Noble Prophet, peace and blessings be upon him, said to me, “Remove it, for when I enter the room my eyes fall upon it and the world comes before me.”
The Noble Prophet, peace and blessings be upon him, did not tell her to tear up the curtain; he told her to remove it. For this reason, he would keep away from his sight those things that remind one of worldliness, worldly splendor, comfort, and ease and increase attachment to them. He generally performed the Sunnah and supererogatory prayers in his own home. Curtains and coverings bearing the kinds of images mentioned above continually attract people toward themselves. As a result, wholehearted submission to Allah and absorption in sincere prayer and supplication are considerably hindered. The heart becomes heedless. Anas, may Allah be pleased with him, said:
Aishah, may Allah be pleased with her, had a curtain that she hung on one side of the room. The Noble Prophet, peace and blessings be upon him, told her, “Remove it, for the images depicted on it appear before me during prayer.”
It is clear from this that the existence of the cloth bearing an image of a bird and other images was tolerated by the Noble Prophet, peace and blessings be upon him. He did not order the cloth to be torn up.
On the basis of these Hadiths and others like them, the view of the people of the earlier period was that only images or portraits that cast a shadow—in other words, those possessing a physical body—are forbidden. Conversely, there is no harm in those that cast no shadow.
Imam al-Nawawi, in his commentary on Sahih Muslim, rejected this view and wrote that such a view is invalid and unacceptable. But Hafiz Ibn Hajar al-Asqalani criticized Imam al-Nawawi, saying that this view was proclaimed by Qasim ibn Muhammad, a distinguished jurist of early Medina, and was narrated with a sound chain of transmission.
Shaykh Bakheet quoted a statement by Imam al-Khattabi. It is as follows:
I believe that the severe warning mentioned above is not directed at one who makes the form of an animal or at an artist who paints trees and the like. Although all such actions are disliked, they cause a person’s attention to become directed toward unnecessary activities.
Quoting this statement of al-Khattabi, Shaykh Bakheet wrote:
The reason is that a person who creates the form of a living being does not actually originate the being’s form; he merely prepares an outline of its shape and appearance. In the images drawn in this way, many of the forms and limbs necessary for any living creature to remain alive are left out. Indeed, the body itself is absent. Thus, it is not the image of a living being whose maker could be deemed deserving, on the Day of Resurrection, of the punishment of being told to breathe a soul into it, although he would be unable to do so. The severe warning concerning image-making applies to the construction of a bodily statue that casts a shadow and lacks none of the important organs without which a living being cannot survive. It is only with such a statue that the question of breathing a soul into it could arise. The image-maker, however, is incapable of breathing a soul into it. This does not mean that the statue itself has no capacity to receive life; rather, it is the incapacity of the image-maker. Therefore, responsibility for this incapacity rests upon him.
Support for the permissibility of making non-bodily images is also found in the following Hadith. Allah, Most High, has said:
(Arabic******************)
Who can be a greater wrongdoer than one who creates like My creation? They should create a particle; they should create a grain of wheat.
In reality, Allah’s creation—as we observe it—is not merely lines on a flat surface; rather, it is the creation of bodies possessing length and breadth. As Allah Himself has said:
(Arabic*****************)
It is He who gives you form in the wombs however He wills.
The Hadith narrated by Aishah, may Allah be pleased with her, may be presented as evidence against this view. The Hadith is as follows:
(Arabic****************)
Aishah, may Allah be pleased with her, bought a cushion with an image on it. When the Noble Messenger, peace and blessings be upon him, saw it from outside, he did not enter the room but stood at the door. Aishah, may Allah be pleased with her, said: I noticed signs of discomfort and displeasure on the Noble Messenger’s blessed face and said, “O Messenger of Allah, I turn to Allah and His Messenger; what wrong have I committed?” He said, “Where did you get this cushion?” Aishah replied, “Those who make images of this kind will be punished on the Day of Resurrection and will be told, ‘Now give life to what you have created.’” Then he said, “Angels do not enter a house in which there is an image.”
The narration cited in Sahih Muslim contains this additional statement:
(Arabic****************)
Then I cut it up and made two small cushions. The Noble Messenger, peace and blessings be upon him, continued to use them in the house for reclining. Aishah’s statement means that she turned the cushion bearing the image into two small cushions.
But the following points conflict with this Hadith:
1. This Hadith has been narrated through various chains, and the narrations contradict one another. Some narrations state that the cushion bearing the image was cut into two small cushions, which he used. But another narration states that he did not use them.
2. Some narrations indicate that using it was merely makruh, and even that concerned decorating walls with cloth bearing images. This is a form of luxury and affluent display, which the Messenger did not like at all. He said:
(Arabic*************)
Allah has given us no command to clothe stones and clay.
3. In the Hadith about the curtain bearing an image, narrated in Sahih Muslim from Aishah herself, the Noble Prophet, peace and blessings be upon him, said: “Remove it, for when my gaze falls upon it, it brings the world to my mind.” This statement does not conclusively prove that it is forbidden.
4. There is also the Hadith to the contrary, which states that the Noble Messenger, peace and blessings be upon him, told Aishah to remove the curtain in her house because the image depicted on it appeared directly before him during prayer. Hafiz Ibn Hajar says: It is difficult to reconcile this Hadith with the Hadith concerning Aishah’s cushion. For this Hadith indicates that the Prophet, peace and blessings be upon him, ordered the curtain to be removed because the image came directly before his eyes during prayer. Otherwise, he did not give this instruction merely because of the image.
He then said, in order to reconcile the two Hadiths: The images mentioned in the first Hadith were images of animals, whereas the image mentioned in this Hadith was not an image of an animal.
But this reconciliation is not sound, because the Hadith concerning the curtain mentions an image of a bird.
5. The Hadith narrated by Abu Talhah is also contrary to the Hadith mentioned above. It does not declare an image depicted on cloth to be forbidden.
Allamah al-Qurtubi wrote:
One way of reconciling the two Hadiths is to say that the Hadith narrated by Aishah only establishes that it is makruh, while the Hadith narrated by Abu Talhah only establishes permissibility. This is not contrary to its being makruh.
According to Hafiz Ibn Hajar, this reconciliation is preferable.
6. The narrator of the Hadith concerning Aishah’s cushion was her nephew, Qasim ibn Muhammad ibn Abu Bakr. In his view, an image that casts no shadow was permissible. Ibn Awn said: I went to Qasim. He was staying in his house in the upper part of Makkah. I saw a decorated room in his house. Depicted on it were an aquatic creature called a qundus and a kind of bird called an umqa.
Hafiz Ibn Hajar said:
Perhaps he understood general permissibility from the Hadith containing the words, “but if it is depicted on cloth, it is not impermissible.” Perhaps, in his view, the explanation of the Hadith concerning the curtain in Aishah’s house was that the curtain cloth was also spread out and was used to cover the wall. This is what the Messenger’s statement referred to: “We have not been commanded to clothe the earth and stones.” Qasim ibn Muhammad was one of the seven distinguished jurists of Medina at that time. He narrated the Hadith concerning the cushion used for reclining. If he had not considered images permissible in a “decorated room” of this kind, he certainly would not have used one there. (Fath al-Bari)
But the Hadiths narrated concerning images and image-makers seem to indicate that, in the early period—when the age of polytheism, idol worship, and treating images as sacred had not yet long passed—the Noble Messenger, peace and blessings be upon him, adopted a very strict attitude toward images. Later, when the creed of monotheism had become firmly established in people’s hearts and minds, he permitted keeping non-bodily images, which are in reality only designs and lines. Otherwise, he would never have tolerated the existence of a curtain bearing an image in his own house, nor would he have declared images drawn on cloth for the sake of beautification permissible. The same may be inferred regarding images drawn on paper and walls.
Tahawi, one of the leading thinkers of the Hanafi school, wrote: At first, the Lawgiver declared every kind of image and portrait forbidden. This included even pictures drawn on paper or cloth, because the period of worshipping statues and portraits had not yet long passed. At that time, therefore, every kind of image and picture was prohibited. After this prohibition had taken effect, he declared designs and pictures drawn on cloth outside the scope of the prohibition, in view of ordinary need. Images that were not treated with particular honor or esteem were also made permissible. There was no fear that honor or esteem would be shown to images that were dishonored. But images that are not generally dishonored remain subject to the original prohibition. (Al-Jawab al-Shafi)
Disrespect toward an image makes it permissible
If an image is altered to such an extent that it is no longer worthy of honor and has become subject to disrespect, it falls within the scope of permissibility. It is stated in a Hadith that when Gabriel, peace be upon him, sought permission to enter the house, the Noble Prophet, peace and blessings be upon him, said:
(Arabic***************)
Gabriel said, “How can I enter the house when a curtain bearing an image is hanging in your home? If you must keep it, then cut off the head of the image, or tear the curtain into cushions or bedding.”
For this reason, when Aishah, may Allah be pleased with her, saw signs of discomfort on the Noble Prophet’s face because of the cushion used for reclining, she tore it up and made two small cushions. In this way, disregard for the image was demonstrated, and there was no fear that it would be shown any kind of honor.
It has been reported concerning people of earlier times that they did not consider it wrong to use images lacking honor. It is narrated from Urwah that he would recline on a cushion bearing images of birds and people. Ikrimah said that the scholars disliked setting images upright and elevating them. But he did not consider it wrong to use images that were ordinarily trodden underfoot. Images depicted on cushions and bedding are indeed trodden underfoot; for this reason, they are permissible.
Photographic images
It is clear that all the Hadiths narrated concerning the making of statues and image-makers concern statues that are carved or images drawn by hand. But the matter of photographs captured through light reflected by a camera is entirely new. Photography did not exist in the era of the Noble Messenger. The question here is whether the rules cited concerning statues and image-makers also apply to photography.
Those scholars who believe that only the making of bodily statues is forbidden hold that there is no harm in photographic images, especially when they are incomplete.
The view of the other scholars raises this question: Are these images created by reflection equivalent to an image that an artist paints with his own brush? Or, since some Hadiths state as the ‘illah (reason) that the image-maker imitates Allah’s act of creation, is this also present in photography? From the perspective of the principles of jurisprudence, when the ‘illah (reason) is absent, the ruling derived on its basis also no longer remains. (That is, when imitation is fundamentally absent, it cannot be forbidden.)
At this point, the fatwa issued by the late Shaykh Muhammad Bakhit, the Mufti of Egypt, is extremely clear. He wrote: A photograph taken with the aid of photography—which becomes possible by capturing the reflection of light in a particular manner—is not included among the portraits that have been declared forbidden. For the kind of portrait whose making has been prohibited refers to inventing and producing a portrait of something that did not previously exist or had not been made, thereby creating a likeness of a living creature created by Allah. But a photograph taken with a camera does not fall into that category.
(Arabic*****************)
In reality, this is the essence of photography and its ruling from the perspective of the Shariah. Nevertheless, many scholars have been very strict regarding pictures, whatever kind they may be, and consider them makruh (many explicitly consider them haram). They regard photography as impermissible. Even so, scholars also permit taking photographs for necessity and for national or civilizational benefit, such as identity cards or passports. In particular, photographs of suspects and pictures used for explanation, analysis, or clarification are permitted. Such pictures are not intended to show reverence or devotion toward anyone, nor is there any fear that they will corrupt belief. The Messenger of Allah (peace be upon him) did not consider pictures painted on cloth to be among the haram. Therefore, pictures of this kind, which are needed even more than those, will certainly fall outside the scope of the haram.
The Purpose of Pictures
There is no denying that the purpose for which a picture is made is a question of great importance in determining whether it is haram, and that this can be determined on that basis. No Muslim can disagree that pictures whose purpose is contrary to Islam’s beliefs, its Shariah, and its culture and customs are haram. Therefore, entirely nude or semi-nude pictures of women, pictures of those parts of the female body whose sight may increase sexual stimulation, and drawings of them are completely haram. There can be no doubt that the kinds of pictures or sketches published in newspapers and magazines with the aim of increasing sexual desire and arousal among people and heating base minds like a blazing fire are haram and extremely harmful. Widely publicizing, printing, preserving, hanging, exhibiting, or displaying such pictures in homes, offices, and public places, affixing them to walls, and looking at or observing them out of desire and inclination—all of this is included in the category of haram.
The same applies to pictures of kafirs, sinful people, and oppressors. It is neither proper nor appropriate for a Muslim to make or preserve portraits of such people. Pictures of atheistic leaders who deny Allah’s existence and reject Allah’s Shariah; idolaters engaged in associating partners with Allah; Jews and Christians who deny the prophethood of Muhammad (peace be upon him); people who, despite claiming to be Muslim, govern states, formulate policies, and administer justice while abandoning the laws revealed by Allah; and those who spread shamelessness and corruption in society—such as male and female actors, singers, and dancers—are also completely haram.
Pictures of the symbols of religions opposed to Islam—such as idols, portraits, crosses, and the like—that promote idolatry are in no way permissible. In the time of the Messenger of Allah (peace be upon him), such pictures were probably painted on most bedspreads, curtains, and pillow covers. For this reason, it is stated in a hadith:
(Arabic*************)
The Noble Prophet (peace be upon him) would not keep in his house anything bearing a picture of a cross or the like. If such an item was present, he would tear it apart and destroy it.
It has been narrated from Ibn Abbas (may Allah be pleased with him):
(Arabic***************)
In the year of the conquest of Makkah, when the Noble Prophet (peace be upon him) saw pictures inside the Haram, he did not enter. They were erased, and only then did he enter it.
The pictures there clearly represented the idolatry and ancient misguidance of the polytheists of Makkah.
Ali (may Allah be pleased with him) narrated that the Noble Prophet (peace be upon him) once attended a funeral. He then said:
(Arabic***********)
Who among you will go to Madinah, level every grave, leave not a single picture, and disfigure each one?
A man stood up and said, ‘O Messenger of Allah, I am ready to carry this out.’ Hearing this, the people of Madinah became frightened and alarmed. … Later, the man returned and submitted:
(Arabic****************)
O Messenger! I did not leave a single idol standing; I smashed them all. I did not leave out a single grave; I leveled them all. And I disfigured every picture; I spared none of them.
Hearing this, the Noble Prophet (peace be upon him) proclaimed:
(Arabic*********)
Whoever thereafter does any one of these acts will be disobedient to the guidance revealed to Muhammad (peace be upon him). (Musnad Ahmad)
The pictures that the Noble Prophet (peace be upon him) instructed people to disfigure and eliminate in this hadith were nothing other than symbols and signs of the kufr and shirk of the Age of Ignorance. For this reason, the Noble Prophet (peace be upon him) wished to free and purify Madinah from them. Therefore, he declared that repeating even one of these acts amounted to kufr and disobedience toward the laws revealed by Allah.
Summary of the Rulings Concerning Portraits and Their Makers
The essence of the rulings of Islamic Shariah concerning portraits and their makers, discussed in detail above, is as follows:
a. Portraits of those regarded as deities besides Allah are the most severely haram, and their sin is the greatest. A major example is the picture of Jesus, the deity of the Christians (and of his mother, Mary). Making such pictures is manifest kufr. If someone knowingly and deliberately makes such a picture, it must be understood that he has become a kafir. Making portraits of this kind is among the gravest sins and is extremely vile and detestable. Whoever promotes such pictures or shows them respect in any way shares in the sin according to the extent of his involvement.
b. Less sinful than that is making portraits of personalities who are not worshipped but are treated with respect, such as the kings, supreme leaders, administrators, and dictators of a country. Their portraits are made as memorials and erected in open places. Whether a portrait is incomplete or complete makes no difference with regard to the sin.
d. Still less sinful is making portraits of people who are not treated with reverence or sanctity. Nevertheless, this too is haram; there is no disagreement about that. However, things toward which contempt and disdain are shown do not fall into this category, such as children’s toys and portraits made of sweets and confectionery that are eaten.
e. Next comes the question of lifelike artistic pictures—portraits of personalities who are treated with respect, such as administrators, national leaders, and founders of states—especially when they are installed or hung somewhere. The degree and severity of the haram becomes even greater when the pictures are of oppressors, sinful libertines, atheists, and people of similar kinds. Showing reverence, respect, or praise toward such people is a crime equivalent to eradicating Islam.
f. From the perspective of sin, less serious still is taking pictures that depict full bodily form and proportion, including pictures of creatures toward whom no respect is shown. However, this expresses luxury. Covering doors and walls with cloth bearing such pictures is nothing more than makruh.
g. Making and preserving pictures of inanimate things—such as date palms, rivers, ships, mountains, the moon, the sun, and other natural and scenic views—involves no sin, provided they do not make people heedless of worshipping Allah or become mere symbols of luxury. Otherwise, such pictures are makruh.
h. Next come pictures formed by reflection—that is, photographs. In principle, they are mubah, provided no haram purpose underlies them, such as a photograph intended to show the religious sanctity or worldly honor of the person depicted. This is especially so if that person is a kafir, an idolater, a communist, or a misguided artist; in that case, it is not permissible.
i. Finally, if a haram portrait or picture is disfigured, or made dishonored and debased, it is removed from the list of haram things and regarded as halal. Examples include pictures painted on bedspreads or floors that are trampled underfoot or under shoes, and the like.
Keeping Dogs Without Necessity
The Noble Prophet (peace be upon him) prohibited keeping a dog in the house without necessity.
There is no shortage in the world of vulgar people who spend money lavishly on raising dogs, yet show stinginess and hesitation even when spending a small amount on human children. Some do not stop at spending money to preserve a dog’s pride and feelings; they also attach their emotions to it. This happens when they feel no affection for their own relatives and are beginning to forget their neighbors and brothers—although they cannot tolerate even a trace of neglect toward a dog.
When a dog is kept in a Muslim’s home, there is a fear that it may lick and render impure food, utensils, and the like. The Noble Prophet (peace be upon him) said: (Arabic**********************)
If a dog puts its mouth into anyone’s vessel, it must be washed seven times, one of them necessarily by scrubbing it with earth.
Some experts have said that dogs are prohibited in the home because they bark as soon as they see guests or visitors. They frighten beggars and do not hesitate to bite passersby.
The Noble Prophet (peace be upon him) said: (Arabic**********************)
The angel Jibril (peace be upon him) came to me and said: I came to you last night, but I did not enter because there was a portrait on the door, a curtain bearing pictures in the house, and also a dog in the house. Now order that the head of the portrait in the house be cut off, so that it will take the form of a tree; order that the curtain be cut into two cushions, which will be trampled day and night; and have the dog expelled.
The instruction given here concerns dogs kept without necessity.
Keeping Dogs for Hunting and Guarding
A dog kept for a need—such as a hunting dog or one kept to maintain and guard fields, farms, or domestic animals—is not included in this prohibition. The Messenger of Allah (peace be upon him) said: (Arabic***************)
Whoever keeps and maintains a dog without the purpose of hunting or guarding fields, farms, homes, or animals will have one qirat deducted from his good deeds every day.
Some jurists have expressed the view, based on this hadith, that the prohibition of keeping dogs means makruh only, not haram. For if keeping a dog were haram, it would be haram in every circumstance and would always have to be avoided, whether or not deeds were reduced.
The prohibition against keeping dogs in houses does not mean that they should be treated cruelly, nor is this command intended to exterminate or kill them. For the Noble Prophet (peace be upon him) said: (Arabic********************)
If dogs were not one of Allah’s created species, like the many other species, I would have ordered that they be killed.
By this statement, the Messenger of Allah (peace be upon him) supported the important view mentioned above. The real and greater truth is that the Noble Qur’an itself points to this, saying: (Arabic************************)
There is no creature that moves upon the earth, nor any bird that flies on its two wings, but they are species like you, each created in a different way. (Surah al-An‘am 6:38)
The Noble Prophet (peace be upon him) narrated to his Companions the story of a man. The man saw a dog in the desert. The dog was panting and licking the ground because of intense thirst. Seeing this, the man went to a well, drew water in a bucket, and gave it to the dog until it was satisfied. Allah accepted this deed of his and forgave his sin.
Keeping Dogs from the Perspective of Modern Knowledge and Science
We see people who, blinded by their love of Western civilization, consider themselves tenderhearted, great humanitarians, and compassionate toward all living beings. They object to Islam’s viewpoint, asking how it could instruct people to refrain from such an intelligent, friendly, and loyal animal. For the attention of such people, we wish to present an article written by a German intellectual and published in a German magazine. The article describes the various disputes inevitably caused by keeping dogs and coming into contact with them. It reads as follows:
In recent years, people’s interest in keeping dogs has increased greatly. It therefore seems absolutely necessary to draw people’s attention to the dangers that may result. This is especially so when people do not merely keep dogs, but play with them and kiss them. Moreover, dogs are allowed such freedom that they lick the hands of people, young and old alike. Often surplus food is placed before the dog in the very vessels or dishes used by people themselves. Besides, this habit is so bad that a sound conscience and good taste are not prepared to accept it. It is also contrary to the rules of cleanliness.
From the standpoint of health science, the danger to human health and life that may accumulate through keeping dogs and joking or playing with them should by no means be considered slight or insignificant. Many people are forced to pay a very heavy price for their ignorance. This is because dogs’ bodies contain germs that can cause diseases which are permanent and cannot be cured through treatment. It is impossible to count how many people are compelled to lose their lives after contracting these diseases.
These germs are shaped like ribbons. They cause diseases in the human body resembling abscesses and sores. Germs of this kind are also found in domestic animals, especially pigs; but only the germs in a dog’s body possess the capacity to grow after being hosted and nurtured.
Vultures and jackals also carry germs. They are not found to any significant extent in cats, however. These germs differ in nature from other ribbon-shaped germs. They are so minute and thin that they cannot be seen. Some information about them has been learned during the past few months.
The author of the article later wrote:
These germs enter the human liver, where they manifest themselves in various ways. They sometimes enter the lungs, ovaries, spleen, kidneys, and brain. Their form then changes considerably. A condition arises in which even specialists become unable to detect and identify them.
In any case, the lesion caused by these germs, wherever it occurs in the body, is extremely harmful and dangerous to health. No treatment for these germs has been discovered to date. Therefore, we must strive with all our strength to confront these incurable diseases. We must save people from this danger.
The German medical scientist Nöller said that the number of lesions caused in the human body by germs from dogs is certainly not less than one percent. In some countries, as many as twelve percent of people are affected by this disease. The best method of preventing it is to confine these germs to the dog’s body and prevent them from spreading. …
If people wish to protect their health and preserve their lives, they must avoid embracing and kissing dogs. Dogs must not be allowed to come close; children must be kept away from them. Dogs should not be allowed to lick people’s hands. Dogs must not be allowed in places where children play, walk, and enjoy themselves, or given the opportunity to spread filth there. Yet it is deeply regrettable that very large numbers of dogs are seen precisely in children’s play areas.
A dog’s food vessels must be completely separate and distinct. It is very improper to let dogs lick the vessels people use for their own food. Dogs should not be allowed to enter marketplaces, hotels, or kitchens. In short, by exercising caution regarding dogs, they must be kept away from everything connected with eating and drinking.
In light of this thoughtful account by a non-Muslim thinker, it is necessary to consider how practical and thoroughly scientific the prohibition issued by Muhammad (peace be upon him) against close interaction with dogs actually is. He also instructed people to take special precautions so that dogs could not put their mouths on vessels connected with food and drink. Moreover, he prohibited keeping dogs without necessity. Reflecting on the account above makes it clear what immense benefit for all humanity is contained in the regulations given by the Messenger of Allah (peace be upon him).
Indeed, the Noble Prophet (peace be upon him) was unlettered. Yet when we see how fully the teachings he presented correspond to the highly modern scientific theories and facts of this age—fourteen hundred years later—we cannot help but be filled with amazement. Along with recognizing this truth, the following declaration of the Noble Qur’an spontaneously resounds from our lips: (Arabic***************)
He does not speak from his own desire; whatever he says is nothing but revelation.
Earning and Occupations
(Arabic****************)
It is He who has made the earth humble, smooth, and submissive for you. So travel upon its shoulders and eat of Allah’s provision.
This is Allah’s fundamental guidance concerning earning a livelihood. For this purpose, Allah has placed the earth at the service of humanity. Therefore, this blessing must be fully utilized, and effort and striving must be devoted to every aspect of it, in search of the gifts of Allah’s grace.
It Is Haram for an Able Person to Remain Idle
It is absolutely impossible for a Muslim to refrain from earning a livelihood or become careless about it under the pretext of being absorbed in worship or relying upon Allah. Gold and silver will not rain down from the sky.
Likewise, it is in no way permissible to sit dependent on people’s charity and alms, and, despite possessing the means and resources to earn a livelihood, fail to use them and devote oneself to earning, thereby making no effort to fulfill one’s own needs and those of one’s relatives. In this regard, the Messenger of Allah (peace be upon him) said:
(Arabic*********************)
It is not permissible for a rich person to accept charity, nor for a strong and healthy person.
The Noble Prophet (peace be upon him) issued stern and severe words concerning a Muslim who stretches out his hand in begging before another person, thereby causing the brightness of his face to disappear and needlessly damaging the dignity and honor of his humanity. He said: (Arabic*****************)
Whoever begs without need performs the dreadful act of gathering embers in his own hand. (Bayhaqi, Ibn Khuzaymah)
He also said: (Arabic***************************)
Whoever begs from people with the aim of becoming wealthy has wounded his own face for the duration of the Day of Resurrection and will be compelled to consume the hot stones of Hell. Whoever wishes may gather much of these things for himself, and whoever wishes may gather little. (Tirmidhi)
He also said: (Arabic******************)
Whoever makes a habit of begging will meet Allah in a state where not even a piece of flesh will remain on his face. (Bukhari, Muslim)
To protect Muslims from this terrible consequence, the Noble Prophet (peace be upon him) safeguarded their honor and took measures to cultivate among them self-respect, avoidance of wrongful deeds, and the qualities of refraining from begging.
When Is Begging Permissible?
Nevertheless, the Noble Prophet (peace be upon him) fully took people’s genuine necessities into consideration. If someone is truly compelled to beg or seek assistance from the government or individuals, then he will certainly not be sinful. The Noble Prophet (peace be upon him) said:
(Arabic********************)
Begging is equivalent to wounding oneself. Whoever begs wounds his own face. So, whoever wishes may preserve his face in that condition, and whoever wishes may refrain from begging. However, if someone begs from an authoritative person or must ask for something absolutely necessary, that is an exception. (Abu Dawud, Nasa’i)
Abu Bashar Qubaysah ibn al-Mukhariq (may Allah be pleased with him) said:
(Arabic*************************)
I had undertaken responsibility for a financial guarantee. For this reason, I went to the Noble Messenger (peace be upon him) and asked for charity. He said, “Wait until the charity funds arrive; I will give you some of them.” Then he said, “Qubaysah, begging is not lawful for anyone except three kinds of people. First, one who has undertaken responsibility for a financial guarantee; he may beg until he receives the amount needed, after which he should stop. Second, one whose wealth has been destroyed by a calamity; he may beg until he has arranged the means of maintaining his livelihood. Third, one who is struck by extreme poverty, until three sensible people from his neighborhood testify that he is impoverished. In such a situation, he may beg until he has arranged the means of maintaining his livelihood.”
Apart from these cases, whatever wealth a person obtains by begging is unlawful for him to consume.
Labor Is Honorable
People regard certain kinds of work as degrading. But the Noble Prophet (peace be upon him) did not approve of this. He taught his Companions that honor and complete dignity lie in every kind of work, while dependence on people and relying on their assistance bring every kind of disgrace and humiliation. He said: (Arabic*********************)
For a person to take a rope to the forest, carry a load of firewood on his head, sell it, and earn a living—thereby preserving his dignity through Allah—is far better and more beneficial than begging from people, when there is no guarantee that they will give him anything.
Therefore, a Muslim should earn through agriculture, trade, industry, or any similar work or employment, provided that it does not involve participation in anything unlawful.
Earning Through Agriculture
In the Noble Qur’an, Allah Most High has given many fundamentally important teachings concerning agriculture while mentioning His favors and blessings upon humanity.
Allah Most High has made the earth’s soil and land suitable for cultivation and the production of crops. He has made it a bed and a floor, and this is a great blessing from Allah for His creation. It is essential to remember this blessing and understand its value.
It is stated: (Arabic***********)
Allah Most High has made the earth a bed and a floor for you, so that you may travel along its open roads. (Surah Nuh: 19–20)
He created the earth for all creatures. In it are fruits, date palms with covered clusters, grain with husks, and fragrant flowers. Which, then, of your Lord’s gifts will you deny?
He sends down water as rain, makes it flow through rivers and springs, and by means of it brings dead land to life.
(Arabic************)
He sends down water from the heavens. Then, by means of it, We produce every kind of plant, vegetation, and tree, and bring forth fresh, green branches from them—from which We produce layered grains.
(Arabic **************
People should pay attention to and reflect upon their food. We send down water in due measure. Then We split the earth open remarkably and produce grain, grapes, and vegetables in it.
Allah sends the winds as bearers of good news. Through them the clouds move, and the plants become laden with fruit.
(Arabic***************)
We spread out the earth, placed firm, lofty mountains in it, and produced everything in it in due proportion and perfect arrangement. We made your sustenance in it, as well as that of those whom you do not provide for. There is no thing whose stores are not with Us, and We send it down only in a known measure. We send the winds laden with fruit. Then We send down water from the heavens and give it to you to drink. You could not have stored it yourselves. (Surah al-Hijr: 19–22)
In all these verses, Allah Most High directs people’s attention to the blessings of agriculture and to the means by which it is made easy. The Noble Messenger (peace be upon him) said: (Arabic**********)
Whenever a Muslim plants a tree or cultivates a field, and birds or people eat from it, that becomes charity for him. (Bukhari, Muslim)
In other words, the reward for this deed continues as long as people continue to eat from that tree or field, even if the landowner or planter has died, or ownership has been transferred.
According to the scholars, it is not impossible, given Allah’s mercy and generosity, that He continues rewarding such a person after his death just as He rewarded him during his lifetime. The above statement applies to six deeds: ongoing charity, beneficial knowledge, a righteous child who continues to pray for him, a planted tree, cultivation, and guarding the frontier.
It is related in hadith that a man came to Abu al-Darda (may Allah be pleased with him) while he was planting a walnut sapling. The man said, “It will take many years for it to bear fruit.” Abu al-Darda replied, “What harm is there in that? Others will eat from it, while I will earn its reward.”
It is narrated from another Companion of the Noble Prophet (peace be upon him) that he said: I heard the Messenger of Allah with my own ears say: (Arabic ***************)
Whoever plants a tree and then protects and tends it until it bears fruit will receive reward from Allah for whatever benefit is derived from its fruit during that period.
On the basis of these and many other similar hadiths, the scholars have said that agriculture is far superior to other means of earning. However, some other scholars consider crafts and manual labor better. Still others regard trade as the best means.
Some scholars have said that different kinds of work may be preferable in different circumstances. For example, when food is severely scarce, agriculture is best, because its benefit is generally available to everyone. When banditry causes fewer goods to reach the markets, trade is preferable; and when manufactured goods are needed, industrial work is considered preferable. (Arabic******************)
This conclusion is completely consistent with modern economic knowledge and science.
Unlawful Agriculture
Cultivating any plant that Islam has declared unlawful to eat, or whose use is harmful, is also unlawful—for example, cannabis and opium.
The same applies to tobacco. Those who consider tobacco unlawful also consider smoking it unlawful, and many have given preference to this opinion. Those who consider smoking tobacco makruh likewise consider cultivating it makruh.
It is not lawful for a Muslim to cultivate an unlawful substance with the intention of selling it to non-Muslims and earning money. A Muslim can never promote unlawful things. Therefore, Muslims may not raise pigs for the purpose of selling them to non-Muslims, Christians, or others. We have already stated that, from the Islamic perspective, it is not lawful to sell lawful grapes to someone known to use them to make wine.
Industry and Other Matters
Islam has encouraged agriculture, described its virtues in detail, and stated that it brings abundant reward. However, it is not at all desirable for members of the Muslim nation to become absorbed solely in agriculture—like a shellfish confined within its shell. Islam does not approve of Muslims considering agriculture sufficient and merely following behind the oxen used for plowing. If that were the case, they would be unable to confront possible national dangers and calamities. Therefore, it is not surprising if the Noble Prophet (peace be upon him) described agricultural work as a cause of humiliation, for the realities of history have made the truth of those words clear. He said: (Arabic***********************)
If you engage in interest-based transactions, cling to the tails of cattle, and remain absorbed in agriculture while neglecting jihad, Allah will impose humiliation upon you. It will not be removed until you return to your religion. (Abu Dawud) For this reason, industrial and professional work must also be pursued alongside agriculture. Through these means, the requirements of a prosperous life and of an independent, powerful ummah, with a strong and self-sufficient system of government and state, can be fulfilled. From the Islamic perspective, industrial and professional work is not merely permissible—as some scholars have stated—it is also fard kifayah. That is, enough people in Muslim society must be proficient in all kinds of industries and trades so that national needs can be met without difficulty and all necessary tasks can be properly completed. If any branch of industry or profession becomes so deficient that no one can be found to perform it, the entire society and nation will be guilty and sinful; the leaders and administrators of the state will bear particular responsibility.
Imam al-Ghazali (may Allah have mercy on him) said:
Acquiring knowledge without which people’s worldly lives cannot continue is fard kifayah. For example, medicine is indispensable for maintaining bodily health. Mathematics and accounting are essential for transactions, wills, inheritance distribution, and all related matters. These are fields such that, if people qualified in them are not present, the public faces severe hardship. When some people undertake such work, the others are relieved of that responsibility. Therefore, in our view, medicine and accounting are fard kifayah. Basic occupations and crafts are likewise nothing other than fard kifayah, such as cultivating land, plowing, weaving cloth, and raising animals. Farming and tailoring are also fard kifayah. If these facilities do not exist in a country, allowing it to be pushed toward destruction is absolutely impermissible. (Arabic****************)
The Noble Qur’an gives clear indications of many kinds of industry and explicitly states that they are great blessings from Allah for the people of the world. For example, regarding David (peace be upon him), it states: The Provision of Halal and Haram in Islam (Arabic*******************)
We softened iron for him and instructed him: Make coats of armor and measure their links precisely. (Surah Saba: 10–11)
And We taught him the craft of making armor so that it might protect you in battle. Will you then be grateful? (Surah al-Anbiya: 80)
Regarding Solomon (peace be upon him), it is stated:
We caused a fountain of molten copper to flow for him and subjected to him jinn who worked before him by the command of Allah.
We caused a fountain of molten copper to flow for him and subjected jinn to him who worked before him by Allah’s command. Whoever among them disobeyed Our command, We made him taste the punishment of the blazing Fire. They made for him whatever he wished: lofty buildings, elevated structures, and firmly established cooking vessels. O family of David, work gratefully.
The Qur’an also mentions the construction of Dhu al-Qarnayn’s lofty, strong barrier. It states: (Arabic *********************)
What my Lord has given me is better. Help me only with labor, and I will build a barrier between you and them. Bring me sheets of iron. Then, when he had filled the gap between the two mountains, he said to the people, “Blow” —until, when he had made it blazing red like fire, he said, “Bring me molten copper to pour over it.” This barrier was made so strong that Gog and Magog could neither climb over it nor make a tunnel through it. (Surah al-Kahf: 95–97)
The Qur’an also relates the story of Noah’s ark. It contains an indication of the construction of a powerful ship, rising like a mountain on rivers and seas and capable of sailing upon the water. It states: (Arabic*************)
The ships sailing upon rivers and seas, raising their heads like mountains, are among Allah’s special signs. (Surah al-Shura: 32)
Many surahs of the Qur’an mention various forms of hunting knowledge and activity, such as fishing, hunting sea creatures, hunting land animals, and diving to obtain pearls and gems.
Above all, the Noble Qur’an mentions the proper value and usefulness of iron.
No mention of it is found in any earlier scripture or human-authored book. After mentioning the sending of messengers and the revelation of the Book, the Qur’an states: (Arabic************************)
And We created iron, in which there is great strength and countless benefits for people.
This verse occurs in Surah al-Hadid, “The Iron.” It clearly shows that Islam has placed special importance on the iron industry.
In reality, from Islam’s perspective, any industrial work undertaken to meet the needs of human society and bring about genuine benefit will be considered a righteous deed, provided sincerity is maintained and the skill and proficiency that Islam commands are fully employed.
Islam has given great honor to many occupations that human society considers extremely low and insignificant. For example, people did not regard shepherds who tended goats with respect. But the Noble Prophet (peace be upon him) said: (Arabic**************)
Every prophet sent by Allah tended goats. The Companions asked: (Arabic***********)
Messenger of Allah, did you also tend goats?
The Companions asked: (Arabic**************)
Messenger of Allah, did you also tend goats?
He replied: (Arabic***************)
Yes, I tended the goats of the people of Makkah in return for payment. (Bukhari)
The Seal of the Prophets, Muhammad (peace be upon him), tended goats. More importantly, those goats were not his own; they belonged to the people of Makkah, and he tended them for a specified wage. By mentioning this, the Noble Prophet (peace be upon him) taught his Companions that those who work and earn through work are the ones who deserve honor. Those who sit idle, remain without earnings, and live off others have no honor or dignity.
The Qur’an relates the story of Moses (peace be upon him). It states that he worked as a laborer for an elderly shaykh for eight consecutive years. His wage for this labor was that one of the old man’s daughters would be married to him. Moses (peace be upon him) was regarded as an excellent laborer and was a highly trustworthy worker. One of the old man’s daughters said very wisely: Arabic (******************)
Father, hire him for wages. The best person you can hire is one who is strong and trustworthy.
Ibn Abbas (may Allah be pleased with him) narrated that David was a maker of armor and utensils. Adam was a farmer. Noah (peace be upon him) was a carpenter, Idris (peace be upon him) was a tailor, and Moses (peace be upon him) was a shepherd.
Therefore, a Muslim may be content with any lawful occupation. Every prophet adopted some occupation or another. It is stated in an authentic hadith: (Arabic*****************)
No one can eat better food than that earned through his own labor. Allah’s Prophet David (peace be upon him) earned and obtained his food through his labor. (Bukhari)
Forbidden Work and Occupations
However, Islam has declared certain kinds of work and occupations unlawful for Muslims, because they severely destroy and harm people’s beliefs, faith, character, honor, and cultural values.
Prostitution
Prostitution is recognized and supported as an occupation in many Western and Western-oriented countries. Formal permission and licenses are granted for it, along with unrestricted opportunities and facilities. This occupation is given the status of an ordinary profession practiced in the country, and all rights associated with it are granted.
But Islam has struck at this occupation and has not permitted any woman, whether free or enslaved, to earn in any way through her sexual organs.
In the Age of Ignorance, some people imposed a daily “tax” on their female slaves. They were required to pay this tax regularly to their owners and therefore had to earn by whatever means they could. For this reason, many slave women were forced into prostitution to pay the imposed tax. Many slave owners directly placed their slave women in this work and earned substantial amounts in return. Later, Islam came and freed women from this extreme misery and compulsion to engage in vile acts. At that time, Allah’s command was revealed: (Arabic)
Do not compel your slave women or daughters into prostitution when they wish to preserve their chastity and purity, seeking thereby the gains of worldly life. (Surah al-Nur: 33)
Ibn Abbas (may Allah be pleased with him) narrated: Abdullah ibn Ubayy, the chief of the hypocrites, came to the Noble Messenger (peace be upon him). With him was an exceptionally beautiful slave woman named Mu‘adhat. He said, “Messenger of Allah, this girl is owned by such-and-such an orphan. Will you permit her to engage in prostitution? Then those orphans could earn a great deal.” The Noble Prophet (peace be upon him) replied clearly, “No.”
The Noble Prophet (peace be upon him) permanently closed the path to this abhorrent occupation. Regardless of who might benefit from its earnings, what great need might be fulfilled, or how noble the purpose might be, Islam’s objective is to keep Islamic society free and pure from the filth of every sinful act.
Dance and Sexual Art
Islam does not support adopting sexually provocative dancing as an occupation. Likewise, Islam does not permit activities that increase sexual arousal in the mind and temperament. Obscene songs, shameless acting, and other such meaningless activities fall into this category. Although in the present age these are given the attractive name of “art” and considered essential for progress and advancement, from Islam’s perspective they are nothing but extreme misguidance.
In reality, Islam has declared sexual relations between men and women completely unlawful except within marriage. Everything that opens the way to this is, from Islam’s perspective, entirely unlawful. This principle is implicit in the miraculous method the Qur’an employs in declaring fornication and adultery unlawful.
The Qur’an declares: (Arabic*****************)
Do not even approach fornication and adultery. Indeed, it is an outrageous act and an evil path. (Surah Bani Isra’il: 32)
In addition to what we have mentioned above, all those things that people regard as sexually stimulating bring one closer to fornication and adultery. Rather, they encourage a person toward it and intensify attraction to it. Therefore, there is no doubt that those who engage in any of these activities commit an extremely serious offense.
Sculpture, Portraiture, and Cross-Making
Portraiture is unlawful in Islam. Its analysis has been given in detail above. Producing portraits is even more emphatically unlawful. It is reported in Sahih Bukhari that Sa‘id ibn al-Hasan said: (Arabic****************)
I was present with Ibn Abbas (RA). At that time a man came and said, “O Ibn Abbas! My craft is my means of livelihood. I make such pictures.” Ibn Abbas (RA) said, “I shall tell you exactly what I heard the Noble Messenger (PBUH) say.” I heard him say: “Whoever makes a picture or portrait, Allah will punish him by commanding him to give it a soul, but he will never be able to give it a soul.” Hearing this, the man’s face became distorted and gloomy. Ibn Abbas said to him, “If you must make pictures or portraits, then make pictures of trees and other lifeless things.” (Bukhari)
The same ruling applies to idols, crosses, and all such things.
As for photographs, we have already said that the view consistent with the Shariah is that they are permissible. At most, they may be considered makruh. The condition, however, is that the act must not fundamentally serve any unlawful purpose—for example, photographing a woman’s sexually attractive body parts uncovered, photographing a man and woman kissing, or photographing things whose greatness or sanctity is being established, such as angels, prophets, and messengers.
Intoxicants and substances that destroy reason and understanding
It has already been stated that Islam has declared unlawful every kind of participation in, assistance to, or cooperation with the circulation of intoxicants and alcohol. Manufacturing and preparing them, distributing them, drinking them or making others drink them—all of this is completely prohibited. Whoever engages in these acts is accursed in the words of the Messenger.
Hashish, like opium, and all substances that eliminate conscience and reason are likewise haram, just like intoxicants. Trading in, buying and selling, distributing, and manufacturing these things—all of it is haram. From Islam’s perspective, it is completely disliked and undesirable for a Muslim to adopt any craft or profession based on a haram activity or through which any haram activity is promoted.
Earning through Business
Through Qur’anic declarations and the Sunnah of the Messenger, Islam has placed great emphasis on doing business and issued a strong call to engage in it. It has also encouraged travel abroad for this purpose and called it the seeking of Allah’s bounty. Moreover, those who travel abroad for business have been mentioned alongside those who strive in the path of Allah. It has been said: (Arabic********************)
Some people will travel abroad in search of Allah’s bounty, while others will fight and strive in the path of Allah. (Surah al-Muzzammil: 20)
Maritime communications and routes of travel are extremely important for international commerce. These routes have provided people and nations with free opportunities for domestic and foreign trade. Allah Most High has described this matter as a special favor bestowed upon humanity. Mentioning the favor of controlling the sea, making it favorable, and granting the opportunity to sail ships, Allah Most High Himself said: (Arabic******************)
And you see boats and ships moving through the rivers and seas, cleaving through the breast of the water, so that you may seek His bounty and give thanks to Him. (Surah Fatir: 12)
In some verses, the movement of the winds is also mentioned: (Arabic*******************)
Among His signs is that He sends the winds to give glad tidings and to acquaint you with His mercy, and also so that the boats and ships may sail by His command, and so that you may seek His bounty and give thanks to Him.
Allah Most High, out of favor to the people of Makkah, established such arrangements for them that their city, Makkah, became a special and distinguished center of commerce throughout the Arabian Peninsula. Prophet Ibrahim (AS) supplicated: (Arabic*******************)
So, O Allah, make people’s hearts inclined toward them and provide them with various kinds of fruits as sustenance, so that they may give thanks.
This supplication also proved highly beneficial for the people of Makkah. Similarly, Allah Most High favored the Quraysh by arranging orderly and secure commercial journeys during winter toward Yemen and during summer toward Syria. The security they enjoyed during these journeys was a special favor from Allah, granted because they served the House of the Kaaba. Therefore, they should worship Allah alone and give thanks for this favor. For He alone is the Lord of the Kaaba, the one and only Bestower of favors. (Arabic******************)
Since the Quraysh had become accustomed to this—that is, they regularly traveled abroad in winter and summer—it was their duty to worship Allah in this House, the One who fed them to relieve their hunger and granted them security from every kind of fear. (Surah Quraysh)
Islam has provided Muslims with a vast opportunity for international commercial transactions and travel and communication. This opportunity comes every year during Hajj. Allah Most High explicitly mentioned travel during Hajj, saying: (Arabic***************)
Among the beneficial arrangements mentioned in the verse, the most important is business. But Muslims used to feel reluctant to conduct business during Hajj. They thought that doing business during Hajj would introduce a defect into the sincerity of their intention for Hajj and destroy the purity and sincerity of their worship. At this point, the Noble Qur’an clearly stated: (Arabic****************)
If you seek bounty from your Lord during Hajj, there is no blame upon you. (Surah al-Baqarah: 198)
Regarding those who sit in the mosques, spend the evening reciting Allah’s tasbih, and recite the Qur’an, the Noble Qur’an says: (Arabic********************)
There are many people whom business or cash buying and selling cannot distract from the religious duties of remembering Allah, establishing prayer, and giving zakat. (Surah al-Nur: 37)
This means that, from the Qur’an’s perspective, a Muslim cannot be someone confined to the mosque. Nor are Muslims ascetics, dependents, world-renouncing monks, or recluses. Likewise, they are not people wholly absorbed in worldly affairs. In reality, they are people of action. Their distinctive quality is that their worldly work is religious; likewise, they are not people wholly absorbed in worldly affairs. In reality, they are people of work. Their distinctive quality is that their worldly work cannot prevent them from fulfilling or cause them to forget their religious responsibilities.
We have presented above some of what the Noble Qur’an says concerning business.
Now let us turn to the Sunnah and Hadith. The Noble Prophet (PBUH) himself strongly encouraged business activity. This matter was very important to him. Through his words and actions, he himself firmly established its basis.
At this point, we mention here a few principles from among the important statements: (Arabic**************)
A trustworthy and truthful merchant will be with the martyrs on the Day of Resurrection. (Arabic***********)
The honest and trustworthy merchant will be the companion of the prophets, the truthful, and the martyrs.
We are not surprised that the Noble Prophet (PBUH) mentioned merchants as having the same rank as those who strive and attain martyrdom in the path of Allah. For the experience of life has shown us that striving does not take place only on the battlefield. Such striving is also indispensable in the economic sphere.
The Noble Messenger (PBUH) promised that merchants would attain this high rank with Allah and receive this immense reward in the Hereafter. For in business, people are often seen enslaved by greed and desire. The tendency to seize profit by any means is especially intense in this field. Wealth creates more wealth, and profit urges people to seek still more profit. But the merchant who maintains honesty, justice, and trustworthiness is a person striving in Allah’s path. He is constantly battling greed and desire. Therefore, the rank of a mujahid is most fitting and desirable for him.
The nature of business is that it immerses people in heaps of wealth. They remain absorbed day and night in calculating capital and profit. Indeed, we see that while the Noble Prophet (PBUH) was standing on the pulpit delivering a sermon, a commercial caravan arrived there with merchandise and goods. As soon as the people heard that the caravan had arrived, they ran toward it without paying attention to the Messenger’s sermon. It was in this context that the following verse of the Noble Qur’an was revealed. (Arabic***************)
When they see a business transaction or an amusement, they rush toward it and leave you, O Prophet, standing. Whatever is with Allah is far better and more beneficial than this amusement and business, and Allah is the best of providers. (Surah al-Jumu‘ah: 11)
Therefore, whoever, despite being caught in this whirlwind, can remain firm in faith and conviction, with a heart filled with fear of Allah and immersed in the remembrance of Allah, will undoubtedly be counted among the prophets, the truthful, and the martyrs who have received Allah’s favor.
The conduct of the Noble Messenger (PBUH) is sufficient guidance for us regarding business. Just as he gave full importance to the spiritual dimension, he also established in Madinah a mosque founded upon taqwa and Allah’s pleasure. It was to become a center of worship of Allah, Islamic knowledge, education and study, and the propagation of religious da‘wah, as well as the center of the state and government—the headquarter. He also gave due importance to people’s economic affairs. He established a purely Islamic market over which the Jews could exercise no authority or domination. The previously existing market of Banu Qaynuqa was under Jewish control. The Prophet (PBUH) himself introduced the management and rules of the market he established and personally supervised it. The distinctive feature of this market was that there was no opportunity for deception, fraud, cheating, shortchanging in measurement or weight, or withholding goods and causing people hardship.
Alongside all this, we observe that among the Companions of the Noble Messenger there were experienced merchants, skilled craftsmen, farmers, and people who practiced all the occupations and possessed the skills in all the fields of knowledge needed by social life.
The Noble Messenger (PBUH) lived among the people. Allah’s commands—the verses of the Qur’an—were revealed to him. He recited them to the people. Jibril (AS) would come to him every morning and evening with revelation.
The Companions did not like to be separated from the Noble Messenger (PBUH) even for a moment. Despite this, we see that all the Companions were engaged in their respective work and professions. Some would travel for business, while others would become occupied with their date-palm gardens. Some, because they were occupied with their professions and crafts, were unable to attend the Noble Messenger to learn the religion. Consequently, they would learn everything from another brother who had been able to remain in the Messenger’s presence. This was also their duty, because the Noble Messenger (PBUH) had declared as a permanent principle: (Arabic*****************)
Let those who are present convey everything to those who are absent.
Most of the Ansar were engaged in agriculture, while the Muhajirun were generally merchants. Abd al-Rahman ibn Awf (RA) was a Muhajir. His conduct remains eternally radiant before us. His religious brother, Sa‘d al-Ansari, offered him half of his wealth, one of his two houses, and to divorce one of his two wives so that he could marry her.
He said to Sa‘d (RA): (Arabic*****************)
May Allah bless your wealth and family. I have no need of any of that. Now, if there is a market where business can be conducted, show it to me, and I will do business.
Sa‘d said, “Yes, there is the market of Banu Qaynuqa.” The next day he went to the market with cheese and clarified butter and sold them. Through this business he acquired considerable wealth. At his death, he left behind immense riches.
The example of Abu Bakr (RA) is even more illustrious. He was always engaged in business and worked extremely hard for it. Indeed, even on the day he was chosen as caliph, he intended to go to the market.
Umar (RA) said about himself: (Arabic*******************)
Buying and selling in the market kept me so occupied that I remained deprived of listening to the Hadith of the Noble Messenger (PBUH).
The same is true of Uthman (RA) and the other Companions.
The Church’s Role Regarding Business
In the manner described above, Muslims continued their worldly journey under the shelter of the religion of Islam. Believers in Islam engaged in business and buying and selling, but their busyness and absorption in this work did not make them heedless of Allah’s remembrance or cause them to deviate even a little from obedience to Allah. Yet during this period, the people of the major countries of medieval Europe and the Christian European states had become conflicted and hesitant regarding business. On one side was the view of “renunciation”: if one became absorbed in commercial activity, the soul would become sullied by many kinds of sin, so one had to protect oneself from it and remain distant from such activities. On the other side was the belief that if a person devoted himself to business and industry contrary to the teachings and views of religious leaders, he would become accursed. For this sin was not merely a bad deed; it was eternal sin and an everlasting curse, both on earth and in the heavens, in this world and in the Hereafter.
Saint Augustine said: Business is fundamentally a sin, because through its influence the soul or mind turns away from Allah, the ultimate Truth.
Another said: Whoever buys something with the intention of selling it in the same condition, without making any change to it, joins the group of buyers and sellers that has been cast far away from the higher level and environment of true worship.
In reality, these statements are nothing more than a continuation of the teachings presented by Saint Rols. The saint said that since no Christian should engage in quarrels or disputes with his fellow Christian, there should consequently be no commercial activity among Christians either.
Haram Business
But business is not haram in Islam. However, any business involving oppression, deception, fraud, cheating, profiteering, or the buying, selling, or production of anything prohibited is certainly haram.
Thus, the liquor trade, the buying and selling of substances that cloud the intellect, the pig trade, or trade in idols, portraits, or similar things is certainly prohibited. For consuming, drinking, using, and benefiting from these things has been made completely haram in Islam. Islam is not prepared to give any support whatsoever to such activities. Whatever is earned through these means is haram and vile. The Hellfire is the proper place for the flesh that grows in a person’s body from eating it. There can be no reason to regard those engaged in such prohibited trades as truthful, just, and trustworthy, because the very foundation of these businesses is detestable and haram. Islam declares war against them and is not at all prepared to allow such businesses to continue.
Trade in gold or silk and silk clothing is not haram. Although these two are not permitted for men, they are halal for women. However, dealing in items made from these materials that are used exclusively by men is not permissible.
A merchant has several duties in halal and permissible business. If he fails to fulfill these duties, he will be included among the sinners on the Day of Resurrection. These sinners will certainly enter Hell.
One day the Noble Prophet (PBUH) went out for prayer. He saw people buying and selling. He saw people buying and selling. He said to them:
O merchants! The people responded to the Messenger’s call. They looked up in that direction. Then the Noble Prophet (PBUH) said: (Arabic**********************)
On the Day of Resurrection, merchants will be raised as great sinners—except those who fear Allah and conduct their business with righteousness, honesty, and good manners. (Tirmidhi, Ibn Majah)
Wathilah ibn al-Asqa‘ (RA) said: The Noble Messenger (PBUH) would come to us while we were merchants and would say: (Arabic*****************)
O merchants, you must stay away from false speech and fraudulent dealings.
Therefore, it is the merchants’ duty to avoid falsehood completely. For it is a very great danger for merchants. Falsehood drags people onto the path of sin, and the outcome of the path of sin is Hell. They must also avoid excessive oaths, especially taking false oaths, which is extremely serious. For the Noble Prophet (PBUH) said:
(Arabic*****************)
On the Day of Resurrection, Allah Most High will not look at three people, nor purify them, and they will suffer a painful punishment. One of them is the person who sells his merchandise by taking false oaths.
It is narrated from Abu Sa‘id (RA) that he said: A Bedouin was taking a goat somewhere. I asked him, “Will you sell the goat for three dirhams?” The man said, “No, by Allah.” But later he sold the goat for that very price. I mentioned the matter to the Noble Messenger (PBUH). He heard it and said: (Arabic************)
The man has sold his Hereafter in exchange for this world.
A merchant should stay away from deception and cheating. For whoever deceives and cheats has left the community of Islam.
Shortchanging in weight and measurement is an extremely bad deed. He must avoid profiteering and hoarding. For if he does so, Allah and the Messenger will sever their relationship with him.
Usurious dealings are not permissible. For Allah Most High destroys and obliterates the profit obtained through usury. It is stated in the Hadith: (Arabic****************)
If anyone knowingly consumes even one dirham of usury, it is a greater sin than committing fornication thirty-six times. (Ahmad)
These matters will be discussed in detail later.
Employment
Earning a livelihood through employment is permissible for every Muslim, whether it is a government job, a position in an institution, or work for a private individual. As long as he is capable of fulfilling all the duties related to the job, employment is lawful for him. But a person who lacks the qualifications for a particular work may not seek appointment to it. This condition is especially important regarding important administrative and judicial positions. It is narrated from Abu Hurayrah (RA) that the Noble Prophet (PBUH) said: (Arabic****************)
Destruction is for administrators, destruction is for leaders, and destruction is for treasurers. Many people will wish on the Day of Resurrection that their hair had been tied to the Pleiades and that they had been suspended between heaven and earth; how much better that would have been.
It is narrated from Abu Dharr (RA): (Arabic***********************)
I said, “O Messenger, will you not appoint me to a position of responsibility?” Hearing this, he placed his hand on my shoulder and said, “O Abu Dharr, you are a weak man. This position is a serious trust. On the Day of Resurrection it will be a cause of disgrace and humiliation, except for the one who accepts it with complete integrity and properly fulfills the responsibilities and duties that fall upon him because of the position.”
The Noble Prophet (PBUH) also said: (Arabic******************)
Judges are of three types. One type will enter Paradise, while the other two types will enter Hell. The judge who recognizes the actual truth and decides and rules accordingly will enter Paradise. But the judge who recognizes the truth and then commits injustice will enter Hell. The one who settles cases on the basis of ignorance and lack of knowledge will also enter Hell.
Therefore, no Muslim should desire or request these major positions of responsibility or strive to obtain them, even if he is qualified for a particular position. For whoever makes a position his lord, that position will make him its slave. And whoever regards only outwardly visible worldly results as everything will be deprived of heavenly divine assistance.
Abd al-Rahman ibn Samurah (RA) said: (Arabic****************)
The Noble Messenger (peace be upon him) said to me: “O Abd al-Rahman! Do not seek any position of leadership. For if you receive it without seeking it, you will be helped in fulfilling its responsibilities. But if you obtain it through asking for it and striving for it, you will be left dependent upon it.”
It is narrated from Hazrat Anas (may Allah be pleased with him) that he said: (Arabic)
Whoever desired and sought the position of judge, and sought recommendations for it, would be entrusted to his own devices. But if someone was compelled to accept this position (without seeking it himself), Allah would send down an angel to assist him. (Abu Dawud, Tirmidhi)
These statements apply when other people are available to fill the vacant post. On the other hand, if no one but him is available to fill it, and it becomes clear that unless he offers himself for the task the general welfare will come to a standstill and national affairs will fall into disorder, then there is no harm in offering himself for it. The Holy Qur’an has related the story of Hazrat Yusuf. It mentions that he himself said to the king: (Arabic)
He said, “Appoint me as custodian over the treasuries of the kingdom and the state. I am indeed a careful guardian and knowledgeable in all matters.”
This, then, is Islam’s guidance regarding seeking a political position.
Unlawful Employment
What we have said so far about the permissibility of employment applies only to jobs whose duties do not entail harm to the Muslim population. Therefore, it is not permissible for a Muslim to hold any position in an army fighting against Muslims. Likewise, Muslims may not take employment in any institution or industrial plant engaged in manufacturing weapons for fighting against Muslims. The same applies to institutions conducting propaganda against Islam and Muslims.
Similarly, it is unlawful for a Muslim to accept employment in any institution or organization that assists in oppression or unlawful activities. Thus, employment in an interest-based financial institution, a liquor-producing factory or liquor shop, a dance hall, a theater, or film production, and similar activities cannot be permissible.
Those who accept employment in such places cannot escape responsibility by saying that they themselves are not performing unlawful acts. As I said earlier, a fundamental principle of Islam is that assisting in sin is also sin, regardless of the form or degree of that assistance. For this reason, the Noble Prophet (peace be upon him) invoked a curse not only upon those who record or witness contracts and accounts involving interest, but also upon those who consume interest. He likewise cursed those who distill and serve liquor, just as he cursed the one who drinks it.
This ruling and instruction apply when people are driven by severe hardship and compelled to accept such employment or work. But if a Muslim truly falls into such difficulty and cannot find any other lawful kind of employment, he may accept the job while inwardly detesting it. Nevertheless, he must continue making tireless efforts to find another lawful job, so that, by Allah’s grace, he may escape this work, obtain a completely lawful profession or employment, and avoid unlawful earnings.
A Muslim should always try to keep away from doubtful or questionable work, because it creates weakness in religious observance and creed. Therefore, even if such work could bring a very large income and abundant wealth, a Muslim avoids it. The Noble Prophet (peace be upon him) said: (Arabic)
“Avoid what causes you doubt, and accept what appears clear and free of doubt.” (Ahmad, Tirmidhi, Nasa’i)
He also said: (Arabic)
A person cannot attain the rank of the God-fearing until he abandons what contains doubt and accepts what is entirely free of doubt. (Tirmidhi)
In other words, in order to avoid wrongdoing, the God-fearing often abandon even things that are free of fault.
General Principles Regarding Earning
The general rule concerning earning is that Islam does not permit Muslims to try to earn by whatever means, path, or method they wish. Rather, Islam instructs them to distinguish between methods of earning that are sanctioned by the Shariah and those that are not. The essence of this principle is social and collective welfare. The basic criterion for this distinction is that any method of earning or gaining profit in which harm to others is inevitable is not a Shariah-sanctioned method; whereas methods in which profits are distributed among individuals on the basis of mutual satisfaction and consent, and distributed justly, are certainly sanctioned by the Shariah.
Allah the Exalted Himself declared this fundamental principle in the following verse of the Qur’an: (Arabic)
O you who believe! Do not consume one another’s property through false means, except that you may engage in trade by mutual consent. Do not kill yourselves. Surely Allah is Most Merciful to you. Whoever does this in transgression and oppression, We shall certainly make him enter Hellfire.
In this verse, trade has been declared permissible on the basis of two conditions:
First, the transaction must be completed on the basis of the full satisfaction and consent of both parties; and second, the profit of one party must not result from harm to the other. This is established by the words of the verse, “Do not kill yourselves.”
The two interpretations offered by the commentators for the verse cited above both apply here. The first meaning is that people must not kill one another. The second is that you must not kill yourselves with your own hands. In both respects, the essence of the verse is that whoever harms another in order to gain personal profit is as though he were sucking that other person’s blood; consequently, he opens the way to his own destruction. Thus, both causes are clearly present in theft, bribery, gambling and fraud, taking the price of good goods in exchange for inferior goods, and interest-based dealings. For this reason, none of these activities is sanctioned by the Shariah. In some cases, the condition of mutual consent may be present, but the other important condition—“Do not kill yourselves,” that is, causing no harm to others—is absent. Therefore, it is not permissible.
The Foundations of Economics, written by Maulana Maududi
Chapter Three
The Lawful and the Unlawful in Marriage and Family Life
The Proper Sphere for Satisfying Natural Desires
Marriage
The Mutual Relationship of Husband and Wife
Birth Control
Divorce
The Mutual Relationship Between Parents and Children
The Proper Sphere for Satisfying Natural Desires
Allah the Exalted created human beings in this world so that they would fulfill the responsibility of Allah’s vicegerency and the duty of cultivating the world. For this work to be successfully accomplished, the survival of the human species and the continuation of human life here are absolutely essential. Only then can people cultivate the land, establish industries, and produce the necessities required by their ever-changing needs. In short, it becomes possible to cultivate the earth, establish human society, fulfill the responsibilities entrusted by Allah, and discharge the rights owed to Him. To realize this purpose, Allah the Exalted has, by nature, placed within human beings certain fundamental needs, desires, longings, and inclinations from birth in an orderly manner. This is what enables the entire human species, individually and collectively, to survive and progress continuously. Human beings have been compelled toward this work.
One of these is the desire to eat. A person is inclined to eat until satisfied because of this natural desire, and through it survival in life becomes possible.
The second is sexual desire and longing. The survival of the human species and the continuation of the lineage depend upon it. This urge embedded in human nature is extremely intense, powerful, and difficult to control. Its particular characteristic is that it compels every individual to fulfill it as his or her own desire and longing.
The Human Role Regarding Sexual Desire
1. A person may let the reins of this urge loose. He will exercise no control or restraint over satisfying it at will and wherever he pleases. He will pay no heed whatsoever to any religious, moral, or social barrier or control, and will violate everything. One view in this regard is that everything is permissible and nothing is forbidden. Those who hold this view follow no religion and believe in no moral purity. They adopt precisely this attitude toward satisfying sexual desire. But this attitude reduces human beings to the level of animals and beasts, and brings comprehensive ruin upon the individual, the family, society, and the state.
2. The second possible attitude is to confront this urge, suppress it with great force, and eradicate it completely so that the desire can never raise its head. Those inclined toward ascetic discipline, renunciation, and depriving themselves of everything adopt the foregoing attitude in this matter. Under this approach, the natural inclination itself is extinguished. It is entirely contrary to the arrangement placed in human beings by nature for satisfying this urge. It is also entirely contrary to the contribution this urge is capable of making to the preservation of the human lineage.
3. The third possible attitude is to establish rules and controls for satisfying this urge. Within the limits of these rules and controls, it will remain free and open; it will not be eradicated, nor will permission be given to transgress the limits like a madman. The revealed religions have adopted this very principle. For this reason, adultery and fornication have been declared unlawful in nearly all religions, and a sound system of marriage has been established. In particular, Islam has recognized human desire as a natural force and devised means for satisfying it through lawful channels. It has condemned and prohibited the tendency to remain unmarried and avoid contact with women. On the other hand, fornication, adultery, and every associated act that draws people toward them have all been declared forbidden.
On reflection, one must acknowledge that the principle and approach adopted by Islam are moderate, just, and balanced. If the institution of marriage were not put into effect, this natural force would be unable to fulfill its role in continuing the human lineage. Conversely, if fornication and adultery were not prohibited, and women were not given the arrangement of being married and committed to a particular man, the family institution could not develop—the center of affection, intimacy, romance, and love. Without such a family institution, society cannot be established, nor can society have any opportunity for development and progress.
Do Not Even Approach Fornication
When we see that all the revealed religions have unanimously declared fornication and adultery completely unlawful and declared war against them, we are not surprised in the least. Islam is the final religion revealed from heaven. It has adopted great strictness in this matter, prohibiting and declaring it unlawful, and issuing emphatic warnings concerning all the causes that lead to intermingling and destruction of lineage, family breakdown and disorder, the loss of cordial relations, the spread of contagious diseases, the intensification of lust, and the destruction of character. For this reason, Allah the Exalted did not merely prohibit fornication; He said: (Arabic)
“Do not even approach fornication. Indeed, it is an outrageous deed and an evil path.” (Surah Bani Isra’il 17:32)
We see that whenever Islam forbids an act, it also closes and forbids every loophole leading to that forbidden act—that is, every act that brings people to it.
Therefore, Islam has prohibited and completely forbidden every act that increases sexual arousal, leads a woman or man toward moral decline, encourages shameless acts, brings a person close to them, or makes them easier. For if the path to a forbidden act remains open and easy, no one can be expected to remain safe from the fundamental forbidden act. Preventing ruin then becomes entirely impossible.
Seclusion with an Unrelated Woman Is Unlawful
An important matter at this point is being alone in seclusion with an unrelated woman who is neither one’s wife nor a mahram such as one’s mother, sister, paternal aunt, or maternal aunt. This is not merely a matter of suspicion; in such a situation, both people may fall prey to satanic whisperings and become involved in acts harmful to their character. This is a means of protecting them from that. When fire is applied to a wax thread, it is natural for the wax to melt from the heat. Likewise, when two unrelated young men and women meet alone in seclusion, it is not their inevitable mutual attraction that is abnormal; rather, the absence of such a situation is abnormal, since no third person is present. At this point, the saying of the Noble Messenger (peace be upon him) is worth recalling. It has been said: (Arabic)
“Whoever believes in Allah and the Last Day should not meet privately with a woman in such seclusion that no mahram (male or female) is present there. For at such a time Satan will be present as the third person between the two of them. And everyone knows Satan’s devices.” (Musnad Ahmad)
The Qur’anic verse concerning the Prophet’s wives says: (Arabic)
“If you ask the Prophet’s wives for anything, ask them from behind a curtain. This is a better way to keep your hearts and their hearts pure.” (Surah al-Ahzab 33:53)
In his commentary on this verse, Imam Qurtubi wrote:
This verse points to those feelings that naturally arise in men’s minds regarding women and in women’s minds regarding men. That is, if the principle of asking for things from behind a curtain is observed, no suspicion will arise. No one will be able to make a false accusation either. This arrangement is also more precautionary for safeguarding personal dignity. From this it can also be understood that when a man is alone in seclusion with a non-mahram woman, there is a greater danger that he will be unable to restrain himself. Therefore, it is better to avoid it. It is also easier to preserve one’s moral purity in this way.
At this point, the Noble Messenger (peace be upon him) also issued a warning regarding a wife’s close interaction with her husband’s near relatives. The husband’s brother, cousin, and the like are his near relatives, and close interaction with them is not unusual. In such cases, people are often seen adopting a negligent attitude and giving little thought to the consequences, although intimacy and close seclusion with relatives are even more dangerous. Slipping into wrongdoing in such circumstances is neither unusual nor rare.
For a “close relative” can enter a woman’s room far more easily—once he enters, no one has anything to say—whereas it is not so easy for a completely unrelated and unfamiliar man.
The same applies to the wife’s own non-mahram male relatives. Her paternal cousins and maternal cousins are included in this category. Therefore, it is not permissible to be alone in seclusion with any of them. The Noble Prophet (peace be upon him) said: (Arabic)
“Do not enter into close seclusion with unrelated women.” An Ansari Companion asked, “O Messenger, what do you say about the husband’s close relatives?” The Noble Messenger (peace be upon him) replied, “The husband’s close relatives are like death.”
That is, such close seclusion brings danger and destruction. If a sin actually occurs, there is destruction in terms of religion; and if the husband learns of it and divorces her, the breakdown of married life begins. Moreover, if suspicion, ill opinion, and distrust arise among close relatives, the bonds of social and collective life are torn apart. There is no doubt that this is total ruin.
The truth is that the effects of a man and woman unrelated to each other meeting alone in seclusion do not fall only upon human emotions and thoughts; their severe repercussions inevitably affect the entire family, the husband and wife, the stability of married life, their private conversations, and everything else. In addition, this gives false accusers and idle talkers a great opportunity to spread baseless claims. The aim of such people is not to restore stability to married life, but merely to create rupture and ruin.
Ibn Amir said that just as the Arabs say, “The lion is death,” and say, “The administrator is a serpent,” meaning that encountering these two things is for a person like encountering death and fire, so they say, “The husband’s close relative is like death.” That is, meeting the husband’s close relatives in seclusion is more serious and dangerous than meeting a completely unfamiliar, unrelated man in seclusion. For they often create in the wife’s mind demands that are very difficult and burdensome for her poor husband to fulfill. At times they become bold enough to behave badly. Moreover, the husband cannot possibly like his relatives entering the inside of his house in his absence and learning about his private circumstances.
Look Lustfully at the Opposite Sex
Islam has declared it unlawful for a man to look at an unrelated woman or for a woman to look at an unrelated man. For the eye is the heart’s window. The gaze is a force that announces the coming of ruin; it carries the message of fornication. An ancient Arab poet said: (Arabic)
Every kind of accident begins with a glance. A devouring fire blazes up from a tiny spark.
A modern poet said: (Arabic)
First comes a glance, then a sweet, gentle smile, followed by an exchange of greetings. Then conversation, then promises and pledges, and finally a meeting.
For this reason, Allah the Exalted instructed all believing men and women to lower their gazes from one another, and at the same time commanded them to preserve the purity of their private parts. He said: (Arabic)
Tell the believing men to lower their gazes and guard the purity of their private parts. That is purer for them. Allah is fully aware of what they do. Likewise, tell the believing women to lower their gazes and guard the purity of their private parts.
These two verses instruct both women and men to lower their gazes and preserve the purity of their private parts. The wording quoted in the Qur’an for lowering the gaze is: (Arabic), meaning that they are not instructed to lower their entire gaze, but only certain gazes. But regarding safeguarding the private parts, no particular part is specified; the instruction is to safeguard them completely and in their entirety, as this is what the Shariah requires. The matter of the gaze, however, is different. Allah has shown special leniency and latitude in it because of the necessity of fulfilling needs, removing danger, and finding the path to welfare. This is not so with regard to the private parts.
Therefore, lowering the gaze does not mean that a person must close his eyes or bow his head toward the ground so completely that he can see nothing but the ground. That is not what the verse says, nor is it possible. In verse 19 of Surah Luqman it is said: (Arabic)—“and lower some of your voices.” This verse does not command people to keep their mouths shut, nor does it say that every kind of voice must be faint. (Arabic) means that one must not allow the gaze to wander at will; it is not desirable for one’s eyes to fall upon everything nearby. Thus, when one’s gaze falls upon the opposite sex, one should neither fix one’s gaze and indulge in drinking in the person’s beauty, nor keep turning back to look at the person repeatedly. This is the true meaning of the verse.
The Noble Messenger (peace be upon him) said to Hazrat Ali (may Allah be pleased with him): (Arabic)
“O Ali, do not follow one glance with another. You may look the first time, but not the second.” (Ahmad, Abu Dawud, Tirmidhi)
He called looking at the opposite sex with a greedy, lustful gaze the adultery of the eyes. In the words of the hadith: (Arabic)
“The two eyes also commit adultery, and their adultery is looking.” (Bukhari)
Looking has been called fornication because it too provides an opportunity to savor a kind of pleasure. Through this means, sexual desire is satisfied in a way contrary to the Shariah. A similar statement is also quoted in the Gospel from the words of Hazrat Jesus:
You were previously told not to commit fornication, but I say that whoever looked with his own eyes has committed fornication.
This greedy, lustful gaze is dangerous not only to moral purity and chastity; it is also extremely harmful to single-mindedness of mind and peace and tranquility of the heart. For it inevitably creates intense discomfort and restlessness in the mind.
It Is Haram to Look at the Private Parts
The injunction to lower the gaze in Islam is a general injunction. Therefore, when one’s gaze falls upon the private parts, it is an important duty to turn one’s eyes away immediately. For the Noble Prophet (peace be upon him) prohibited looking at the private parts, whether those of a man or a woman, with or without sexual desire; and this injunction applies equally to both men and women. The Noble Prophet (peace be upon him) said: (Arabic****************)
No man shall look at another man’s private parts, nor any woman at another woman’s private parts. And no man shall become intimate with another man, nor any woman with another woman, under a single garment.
A man’s private parts refer to the part of the body from the navel to the knees. It is not permissible for any man or woman to look at this area. However, according to some imams, including Ibn Hazm, the thighs are not included in it.
For a woman, her entire body is considered private parts in relation to unrelated men, except for her face and both hands. As for mahram men—such as her father and brother—we will discuss a woman’s private parts later.
Moreover, the part of the body designated as private parts, which no other person may look at, may likewise not be touched by another person’s hand or any other part of the body.
Everything said here about looking at or touching the private parts concerns ordinary circumstances—when there is genuinely no need. But if a real need arises, it will not then be haram; such a need may arise during medical treatment or relief. The permissibility of looking mentioned above is conditional on such looking not causing any danger. Otherwise, permission to look will be revoked. For blocking the path to the original sin is a fundamental principle of the Shariah.
Looking at Men or Women
From what has been said above, it becomes clear that a woman may look at parts of a man’s body other than his private parts—that is, parts other than the area from the navel to the knees—as long as this does not arouse sexual desire or involve fear of any kind of danger. The Messenger of Allah (peace be upon him) permitted Aisha (may Allah be pleased with her) to watch the Abyssinians, who were performing with their weapons in the Prophet’s Mosque itself. Thus, she watched them from behind a curtain. Later, when she herself became tired, she left. (Bukhari, Muslim)
A man may look at a woman’s body parts other than her private parts—the face and the palms of both hands—provided that this is not accompanied by sexual lust or fear that sin may result.
It is narrated from Aisha (may Allah be pleased with her) that Asma bint Abu Bakr (may Allah be pleased with her)—her sister—came before the Noble Prophet (peace be upon him). She was wearing such a thin garment that the contours of her body showed through it. Seeing this, the Noble Prophet (peace be upon him) turned his gaze away and said: (Arabic****************)
O Asma, when a woman reaches maturity, nothing of her body should be visible except her face and the palms of her hands. (Abu Dawud)
Although this hadith is weak in terms of its chain of transmission, its weakness has been removed because numerous authentic hadiths have reported at this point that looking at the face and the palms of the hands is permissible when there is no fear of danger.
In summary, it is permissible and halal to look innocently at parts of a man’s or woman’s body other than the private parts. However, repeatedly looking and gazing intently with pleasure are not permissible, because there is a risk that danger may result from them.
However, there is no blame if one’s gaze accidentally falls upon a part that is not halal to look at. This is Islam’s generosity. It is narrated from Jarir ibn Abdullah (may Allah be pleased with him) that he said: (Arabic****************)
When the Messenger of Allah (peace be upon him) was asked about an accidental glance, he said: Turn your gaze away.
That is, he should not look a second time after the first glance.
The Problem of Women Displaying Their Beauty
The matter of turning away the gaze was discussed above. Two verses have laid down injunctions at this point for both women and men. The third verse mentions a specific injunction for women. The injunction is this: (Arabic****************)
They must not display their beauty, except what is naturally apparent. (Surah al-Nur: 31)
A woman’s ‘beauty’ means those things that make her beautiful and attractive. This includes natural beauty, such as the face, hair, and bodily complexion, as well as beauty and attractiveness acquired through clothing, jewelry, cosmetics, and similar means. In the verse cited earlier, Allah Most High instructed women to conceal their beauty and not allow it to be displayed. Exempted from this is only what becomes naturally apparent.
Exegetes have reached various conclusions in determining what is meant by ‘what becomes naturally apparent.’
The question has been raised: does ‘what becomes naturally apparent’ mean only what becomes exposed without any intention because of necessity—for example, something being exposed by a gust of wind? Or does it mean what is normally and habitually exposed? … The essential point in this matter is that it becomes exposed.
It has been reported that most of the scholars of earlier times held this latter view.
It is narrated from Ibn Abbas (may Allah be pleased with him) that, in explaining the phrase ‘what becomes naturally apparent,’ he said it refers to kohl, eyeliner, powder, rings, and the like. A similar view has also been narrated from Anas (may Allah be pleased with him).
Applying kohl to the eyes and wearing rings on the fingers are mubah. Therefore, these two areas necessarily become visible. They are the face and the palms of the hands. A similar view has also been narrated from Said ibn Jubayr, Ata, al-Awzai, and others.
Aisha, Qatadah, and others also included bracelets on both hands in this category. The part of the arm whose beauty it is forbidden to display is thereby excluded from it. There is disagreement over where to set the boundary—from the fist to halfway up the arm.
In contrast to this broad interpretation, others have adopted a narrower one. Abdullah ibn Masud, al-Nakhai, and others explained ‘what becomes naturally apparent’ as referring to the cloak and clothing worn over the body, because it is impossible to conceal and cover them.
However, many Companions and Followers clearly stated, on the basis of the phrase ‘what becomes naturally apparent,’ that it refers to the face and both palms, and whatever beauty beyond these remains uncovered. I consider all of these views worthy of preference. Rings on the hands and kohl in the eyes, and the like, are included.
Vermilion, nail polish, and powder are a different matter. Modern women use these on their cheeks, lips, and nails. But this is highly undesirable excess. They may be used only inside the home. Nowadays, however, women use them when going outside in order to attract men’s gazes. This act is entirely haram. It is not appropriate to think that ‘what becomes naturally apparent’ refers only to external items such as a shawl or burqa. For the exposure of such clothing is entirely natural; it cannot help but be visible. Therefore, there can be no command to conceal it. Nor is it acceptable to think that it refers only to what is exposed by a gust of wind, because that is beyond a person’s control. Thus, saying something or remaining silent about it is the same. What can readily be understood from the phrase is that, among what can be concealed, these things are exempted from the obligation of concealment. This is a concession for believing women. And it is certainly reasonable that this concession should concern the face and the wrists.
The rationale for this concession concerning the face and the palms must be understood. For it is extremely difficult for women to keep these two parts concealed at all times. In particular, when they need to leave the home for a lawful purpose, it cannot be denied that exposing these two parts becomes necessary. For example, a widow may need to obtain daily necessities for her orphaned children, and women from poor families may need to go outside to help their husbands; in such cases, uncovering the face and wrists becomes unavoidable. If the face and wrists were covered in such circumstances, moving about would become very difficult and burdensome.
Imam al-Qurtubi said:
The face and wrists are generally exposed, especially during acts of worship such as prayer, Hajj, and Umrah. Therefore, it is more appropriate to hold that these parts were excluded from the command to cover them by the words ‘except what becomes naturally apparent.’ The hadith narrated by Aisha (may Allah be pleased with her) indicates this. The hadith is as follows (it was also cited earlier): (Arabic****************)
When Asma, the daughter of Abu Bakr (may Allah be pleased with him), came before the Noble Prophet (peace be upon him), she was wearing a thin garment. The Messenger of Allah (peace be upon him) turned his gaze away from her and said: O Asma! When a woman reaches maturity, nothing of her body should be visible except her face and wrists.
Support for the statement above is also found in the following words of Allah Most High: (Arabic****************)
Tell the believing men to lower their gazes. (Surah al-Nur: 30)
This shows that, because women’s faces are not covered but exposed, men have been instructed to lower their gazes—that is, not to look at those faces.
For if the face, along with the entire body, were covered, there would be no meaning in commanding people to lower their gaze. There would be nothing there to look at.
Even so, a Muslim woman must strive with all her strength to conceal all her beauty and jewelry. She should not even uncover her face, because moral corruption begins with seeing the face. The widespread prevalence of defiance of God in this age has made this need even more urgent. If a woman is beautiful and attractive, there is no question of leaving her face uncovered. For it is the beauty of a woman’s face that attracts men most strongly.
(Arabic****************)
And let them draw their veils over their chests.
A Muslim woman must cover her head with her scarf, keeping the covering firmly over her head, and must cover her chest with whatever type of cloth is available. This is so that these body parts, which can cause danger, do not remain uncovered, and so that the searching gazes of wicked men and the lustful eyes of bees do not fall upon them.
(Arabic****************)
And they should not reveal their beauty before anyone other than their husbands and fathers. (Surah al-Nur: 31)
This command instructs believing women not to reveal their concealed beauty before unrelated men, but rather to keep it hidden. This concealed beauty refers to the ears, hair, neck, nape, chest, ankles, and so on. Although permission has been given to reveal the face and hands before unrelated men, the utterance of this prohibition is highly significant.
Twelve categories of people have been exempted from this prohibition:
1. Their husbands. Thus, it is completely permissible for a husband to see any part of his wife’s body. It is stated in a hadith: (Arabic****************)
Protect and cover your private parts from everyone except your husband.
2. Fathers, grandfathers, and great-grandfathers are included, whether on the father’s side or the mother’s side.
3. The husband’s father is like her own father.
4. Their sons, including the sons of their children—daughters as well.
5. The husband’s son—this is an unavoidable matter. Moreover, in that household she is indeed like a mother to them.
6. Their brothers, whether full or half-brothers—children of the same mother or the same father.
7. Their brothers’ sons, because marriage between an aunt and her nephew is completely haram.
8. Their sisters’ sons, because marriage between a maternal aunt and her sister’s son is permanently haram.
9. Their fellow women. Free association is permissible with all women, whether they are related by blood or by religion. However, it is not permissible for non-Muslim women to see the beauty of Muslim women. Only as much may be shown to them as may be shown to unrelated men.
10. Male and female slaves. Islam has made them part of the household. According to some Imams, this permission applies only to female slaves, not to male slaves.
11. Subordinate and disinterested men. They are subordinate, and secondly, they have no particular attraction toward women—either because of physical incapacity or because they are immature in intellect and judgment. This includes ordinary paid workers who perform household chores and are obliged to come and go in the home, while there is no fear of any danger because they lack sexual attraction.
12. Boys who have not yet developed any attraction toward women’s private parts. They are young and underage, and sexual awareness has not yet awakened in them. If it becomes apparent that this awareness has awakened, it is not permissible to expose a woman’s concealed beauty before them, even if they have not reached adulthood.
The paternal and maternal uncles are not mentioned in the Quranic verse because they are equivalent to fathers. It is stated in a hadith: (Arabic****************)
A paternal uncle is equivalent to a father.
The Private Parts of Women
From the preceding discussion, we have learned that those parts of a woman’s body which it is not permissible to expose constitute her private parts; covering them is obligatory, and leaving them exposed is completely haram.
Therefore, before unrelated men and also before non-Muslim women, the entire body of a woman, except the face and hands, is her private parts and must be covered. Since the face and hands must remain exposed for activities such as conducting transactions, leaving them uncovered is permissible, as Imam al-Razi has written. In addition, one has been commanded to cover those parts of the body that do not need to be exposed or uncovered. Permission has been given to leave uncovered what is naturally exposed and what needs to be revealed. This is because the rulings of Islamic Shariah are balanced and oriented toward human welfare. Imam al-Razi has written:
Everyone has agreed that the face and hands are not considered among women’s private parts because exposing them is necessary. However, exposing the feet is not necessary. Therefore, a difference of opinion has arisen as to whether they are considered among women’s private parts. (Arabic****************)
As stated in the verse of Surah al-Nur, before the aforementioned twelve categories of men, all parts must be covered except the ears, neck, hair, chest, arms, and ankles. The Shariah has permitted these parts to be exposed before them. Apart from these, other parts and portions of the body, such as the back, abdomen, genital area, and thighs, may not be exposed at all before any man or woman other than the husband.
This meaning of the verse is very close to the view of several Imams. For mahram men, a woman’s private parts consist only of the area between the navel and the knees. The limit is the same before other women. According to some experts, a woman’s private parts before mahram men consist only of what would not ordinarily remain exposed even while performing intimate acts. The parts of a woman’s body that are normally exposed while doing household work may also be looked at by mahram men; there is nothing impermissible in this.
Allah’s command to believing women is that when they go outside the home for their activities, they should cover their entire bodies with a large outer garment. As a result, their distinction from other unbelieving and immoral women will become apparent to everyone. Allah Most High instructed His Prophet to convey this to the entire ummah. It has been proclaimed: (Arabic****************)
O Prophet! Tell your wives, your daughters, and the believing women to draw their outer garments over themselves. That is a better way. Thus they will be recognized and not harassed by anyone.
(Arabic****************) is a plural word. Its singular form is (Arabic****************), meaning a spacious garment. The burqa of the present day falls within this category.
During the Age of Ignorance, when women went outside their homes, they would leave some of their beauty—such as the chest, neck, throat, and hair—uncovered. Men of wicked character would pursue them. It was in this circumstance that this verse was revealed. Believing women were instructed to place part of their outer garments over their heads so that these parts of the body would remain covered. Their outward appearance would also identify them as women of pure character. Consequently, no hypocritical or shameless man would harass them or dare to do so.
The verse clearly mentions one reason: protecting women from being harassed and molested by immoral and wicked people. It does not imply that women who look at them are necessarily fearful, nor does it attribute any distrust to them. If anyone thinks so, there is no basis for that view. For an unveiled, adorned woman, or a woman who moves seductively and coquettishly, has always aroused sexual excitement, lust, and desire in men’s minds. Those who grapple with women or hold their hands are the ones who become greedy and consumed by desire. Thus the Quran says: (Arabic****************)
Do not speak in a soft tone, lest the man whose heart is diseased become desirous.
Islam has adopted particular strictness in safeguarding the Muslim woman’s veil and chastity. Very little leniency has been shown in this matter. For example, regarding some leniency in the veil of elderly women, Allah Most High has said: (Arabic****************)
Elderly women—those who no longer hope to marry—will incur no sin if they set aside their outer garments, provided that they are not displaying their beauty and adornments. But if they exercise caution in this matter, that is better for them. And Allah hears all things and knows all things.
The verse refers by (Arabic****************) to those women who have retired due to old age, who no longer menstruate, and who have no hope of bearing children. For this reason, they are not sought after for remarriage. They have no desire, longing, or interest in men, nor do men feel any attraction toward them. Thus, the rule concerning the veil and covering the private parts of such women has been relaxed. They have been permitted to remove their outer and visible garments, such as an outer wrap or burqa.
Even this opportunity is conditional. The condition is that they may not remove their garments with the intention of displaying themselves before people. They may take advantage of this concession when necessary or convenient.
Despite this concession, it is better for them to adopt the superior course and exercise caution so as to remain free from every form of doubt and suspicion.
Women’s Entry into Public Bathhouses
Because Islam has adopted a strict policy to protect women’s veil and honor, the Messenger of Allah (peace be upon him) issued a very stern prohibition against women entering public bathhouses and removing their clothing before other women. This is because such women are accustomed to describing the physical attributes of other women at their public gatherings and meetings, taking great pleasure in doing so.
The Noble Prophet (peace be upon him) also prohibited men from entering public bathhouses without wearing a loincloth or wrap. For Islam does not approve at all of exposing oneself naked before others. It is narrated from Jabir (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said: (Arabic****************)
Whoever believes in Allah and the Hereafter should not enter a public bathhouse without a loincloth. And whoever believes in Allah and the Hereafter should not allow his wife to enter a public bathhouse.
It is narrated from Aisha (may Allah be pleased with her): (Arabic****************)
The Messenger of Allah (peace be upon him) initially prohibited entry into bathhouses in general. Later, he permitted men to enter while wearing a loincloth.
Women are permitted to enter public bathhouses in cases such as receiving treatment for an illness or recovering from postpartum bleeding.
It is narrated from Abdullah ibn Amr (may Allah be pleased with him):
Regarding public bathhouses, the Noble Prophet (peace and blessings be upon him) said that men should not enter them without wearing a waist wrapper. And forbid women from entering them. However, sick women and women experiencing postpartum bleeding may enter. (Ibn Majah, Abu Dawud)
There is some weakness in the chain of transmission of this hadith. However, in view of the general provisions of the Shariah—which grant patients many concessions and exempt them from performing many acts of worship and obligatory duties—the substance of this hadith becomes considerably stronger. For example, a famous principle of Islamic law states:
If the means or cause of preventing a prohibited act has itself been declared prohibited, it becomes permissible in cases of necessity and general public benefit.
The truth of the foregoing statement can also be understood from this perspective.
The hadith narrated by Ibn Abbas (may Allah be pleased with him) also supports this view. The hadith is as follows:
The Noble Prophet (peace and blessings be upon him) said: “Keep away from the place called a hammam.” The Companions said, “Messenger of Allah, a hammam removes dirt and benefits the sick.” He then said, “In that case, whoever enters it must cover his private parts.” (Al-Hakim)
Therefore, if a woman enters such a place without any excuse or necessity, she has committed a prohibited act and has become deserving of the stern warning given by the Noble Messenger (peace and blessings be upon him) for this. Abu al-Mulayth al-Hudhali (may Allah be pleased with him) narrated:
Some women from Hims or Syria came to Aishah (may Allah be pleased with her). She said, “Do you enter public bathhouses?” I heard the Noble Messenger (peace and blessings be upon him) say: “If a woman removes her clothes anywhere other than her husband’s home, she tears apart the veil between herself and her Lord.”
It is narrated from Umm Salamah (may Allah be pleased with her) that the Noble Prophet (peace and blessings be upon him) said:
If a woman removes her clothing somewhere other than her own home, Allah tears apart her veil. (Ahmad, al-Tabarani, al-Hakim)
When Islam is so strict about women entering public bathhouses, even though such places are enclosed by four walls and only women enter them, what can be said about those shameless and wanton women who expose their private parts in the streets, arouse the lust of honey-seekers, display their bodies on seashores, provide a spectacle for greedy, lustful eyes, and remain constantly engaged in arousing sexual desires? In reality, they have torn apart every veil of modesty and shame maintained between themselves and Almighty Allah. Men share equally in this sin, because they have been appointed responsible for and protectors of women. Alas! Will men’s common sense never return?
Women’s Nudity and Licentiousness Are Prohibited
A Muslim woman possesses a character distinct and different from that of unbelieving women or women of the Age of Ignorance. Moral character, purity, chastity, and the preservation of dignity and modesty are the distinguishing qualities of Muslim women.
By contrast, the character of a woman of the Age of Ignorance is marked by nudity, licentiousness, and skill in arousing sexual desire among men. The word used in the Quran means to open, become exposed, become manifest, or become visible to ordinary people. Because of this similarity, the Arabic expression is used:
This is because the heavens are elevated above and visible before those who look.
Allamah al-Zamakhshari said that the profound meaning of the word is to deliberately expose, with special care and preparation, something that ought to be kept concealed. An Arabic expression says, “a visible ship,” because it has no covering. In keeping with this meaning, the word is used for a woman uncovering herself and appearing naked before men, because by doing so she exposes all her beauty and physical radiance before them. Imam al-Zamakhshari pointed to a further aspect of this meaning: deliberately revealing something private even though it ought to have been kept concealed. Exposing particular parts of the body, the swaying and movement of the limbs, distinctive ways and gestures of speaking and walking, or ornaments before unrelated men is tabarruj.
Tabarruj has various forms and manifestations. Just as people in ancient times knew them, people today also know them well. The commentators on the following Quranic verse have mentioned them:
O women! Remain settled in your homes and do not flaunt yourselves as women did during the former Age of Ignorance.
Mujahid said: At that time, women walked with a coquettish gait.
Muqatil said: Women placed their scarves over their heads but did not fasten them securely. Consequently, their necklaces, earrings, and necks became exposed.
This was the tabarruj of the ancient Age of Ignorance: widespread mixing with men and pronounced coquettishness in movement and speech. Women wore their scarves in such a way that the beauty of their bodies and ornaments became visible. But modern ignorance has developed such forms and variations that it has left ancient ignorance far behind.
When Is It Not Tabarruj?
By observing the following rules, a Muslim woman can leave the bounds of tabarruj and enter the environment of Islamic civilization:
(a) Lowering the gaze—for modesty and shame are a woman’s most valuable beauty, and their clearest manifestation is lowering the gaze. Thus Allah has said:
And tell believing women to lower some of their gaze.
(b) Close intimacy with men must be avoided. Such mingling is fully evident today in cinemas, meetings and public gatherings, hotels and restaurants, and amid the crowds in college and university classrooms, corridors, and canteens. Maqil ibn Yasar (may Allah be pleased with him) narrated the statement of the Noble Messenger (peace and blessings be upon him):
It is better for a person to have an iron rod driven into his head than to touch a woman who is not lawful for him. (Al-Tabarani, al-Bayhaqi)
(c) Her clothing must conform to the etiquette, rules, and principles of Islamic Shariah. Clothing that conforms to the Shariah means clothing possessing the following qualities:
1. It must cover the entire body, except for what the Quran itself excludes as “that which is ordinarily apparent”—that is, everything must be covered except the face and the hands.
2. The body or its radiance must not be visible through the clothing. The Noble Prophet (peace and blessings be upon him) declared:
Women who are clothed yet naked, who incline toward men and make men incline toward them, will be inhabitants of Hell. They will not enter Paradise, nor will they smell its fragrance.
If, despite wearing clothes, the purpose of clothing—covering the body—remains unfulfilled because the fabric is so thin that everything about the body is clearly visible from outside, then the woman is naked despite being clothed.
Some women from the Banu Tamim came to Aishah (may Allah be pleased with her). They were wearing extremely thin clothing. Seeing this, Aishah (may Allah be pleased with her) said:
If you are believers, then know that what you are wearing is not the clothing of believing women.
A bride came to Aishah (may Allah be pleased with her) wearing extremely transparent, thin clothing. She said:
Whoever wears clothing of this kind has not believed in the injunctions set forth in Surah al-Nur.
3. Clothing must not be so tight that all the body’s contours and limbs become visible, even if the fabric is not transparent or thin. The clothing introduced by Western civilization is a major example of this. This civilization worships the body and sexuality; under its influence, fashion designers cut clothing in such a way that the breasts, buttocks, thighs, and other sexual features stand out prominently before observers. Such clothing is designed in a manner that creates agitation and arouses sexual feelings. A woman wearing this kind of clothing is also included among those who are “clothed yet naked.” Such clothing is even more dangerous and provocative than transparent, thin fabric.
4. Women must not wear clothing specifically intended for men, such as trousers. These are a distinctive type of clothing intended for men today. The Noble Prophet (peace and blessings be upon him) cursed women who imitate men, just as he cursed men who imitate women. For this reason, the Noble Prophet (peace and blessings be upon him) forbade women from wearing men’s clothing and men from wearing women’s clothing.
5. Women must not wear distinctive clothing of Jewish, Christian, fire-worshipping, or unbelieving women. Islam has prohibited resembling them. Just as Islam seeks to distinguish between men and women, it also seeks freedom, outwardly and inwardly, from blind imitation of unbelieving nations. For this reason, Islam has explicitly instructed Muslims to oppose unbelievers in many matters. The following statement of the Noble Messenger (peace and blessings be upon him) is relevant here:
Whoever imitates a people is counted as one of them.
(d) She must adopt dignity and firmness in her movements and speech. She must completely refrain from turning and moving her body and face in ways that arouse sexual feelings. Coquettishness and playfulness in movement and speech are characteristics of immoral unbelieving women, not of Muslim women. Allah’s statement should be reread in this context:
Do not be overly soft in speech, lest one whose heart is diseased should be tempted. (Surah al-Ahzab 33:32)
(e) She must not use perfume, attar, scented soap, powder, or similar things to create attraction in men toward her concealed beauty. Allah has said:
They must not stamp their feet on the ground, lest the beauty and ornaments they conceal become known.
During the Age of Ignorance, when women walked among people, they would strike their feet noisily on the ground. Their anklets would jingle, and people could hear the sound. For this reason, the Quran forbade them to do so. Such behavior causes sexual thoughts to arise intensely in the minds of lustful men. He begins to think that the woman wishes to attract men to herself.
The same applies to women who apply various perfumes, fill the air with their fragrance, arouse sexual feelings, and try to attract men to themselves. It is stated in a hadith:
When a woman applies perfume and attends a gathering, she is this and that—that is, an adulteress. (Abu Dawud, al-Tirmidhi)
From this detailed discussion, we have learned without doubt that Islam has not imposed any obligation requiring women to remain confined in the “prison” of their homes and never go anywhere except to the grave. Rather, it is entirely permissible for Muslim women to leave their homes to attend congregational prayers, acquire knowledge, and fulfill other biological and family needs. The women Companions and Muslim women of later generations did exactly this. Many of them went out to participate in battles. They went out with the Noble Messenger (peace and blessings be upon him), and afterward they went out with the caliphs and commanders of the Islamic armies. The Noble Prophet (peace and blessings be upon him) said to his wife, Sawdah (may Allah be pleased with her):
Allah has permitted you to go outside your homes for your needs. (Bukhari)
He also said:
If one of your wives asks you for permission to go to the mosque for prayer, do not prevent her. (Bukhari)
It is stated in another hadith:
Do not prevent the female servants of Allah from going to the mosques. (Muslim)
Some scholars are extremely strict on this matter. In their view, it is prohibited for women even to look at any part of an unrelated man’s body. As evidence, they cite a hadith narrated by Narhan, the servant of Umm Salamah. The hadith is as follows:
When Abdullah ibn Umm Maktum entered the home of Umm Salamah and Maymunah, the Noble Prophet (peace and blessings be upon him) said to both of them, “Observe the veil.” They said, “But he is blind.” The Noble Prophet (peace and blessings be upon him) said, “Are you both blind as well? Can you not see?”
However, according to specialists, this hadith is not authentic. The narrator of this hadith, Narhan, was Umm Salamah’s servant, and his narration is not acceptable as evidence.
Even if the hadith were authentic, it would have to be said that this was an additional strictness imposed by the Noble Prophet (peace and blessings be upon him) on his wives, in view of their status and honor. The Messenger’s strictness toward them regarding the veil was of this nature. Hadith experts such as Abu Dawud also indicated this. Thus, the hadith established as authentic remains the evidence. It is as follows:
The Noble Prophet (peace and blessings be upon him) instructed Fatimah bint Qays (may Allah be pleased with her) to observe her waiting period in the home of Umm Shurayk. Later, he revised this instruction and said: “My Companions fear that woman. Instead, observe your waiting period with Ibn Umm Maktum, for he is blind. You may remove your clothing, but he will not be able to see you.” (Al-Qurtubi)
A Wife Serving Her Husband’s Guests
The discussion so far also makes clear that, in her husband’s presence, a wife may serve his guests. The condition, however, is that her clothing, adornment, speech, conduct, and manner of movement conform to Islamic rules, civilization, and propriety. In such circumstances, it is entirely natural for the male guests to see her and for her to see them. There is no sin in this, because there is no fear in such a situation that either side will overstep the limits or that any danger will arise.
Sahl ibn Sa’d al-Ansari (may Allah be pleased with him) narrated:
Abu Usaid al-Sa’idi invited the Noble Prophet (peace and blessings be upon him) and his Companions to his wedding. On that occasion, his wife Umm Usaid prepared the food by cooking it and served it. She had placed some dates in a stone vessel to soak overnight. After the Noble Prophet (peace and blessings be upon him) had eaten, she uncovered it herself and presented it to him as a gift for him to drink. (Bukhari, Muslim)
As Ibn Hajar al-Asqalani said, this hadith conclusively proves that it is entirely permissible for a wife to come forward to serve her husband’s guests and invitees and to appear before them. Needless to say, this is permissible only when there is no fear of moral danger. At such a time, the body must be fully covered. In these circumstances, it is permissible for a husband to have his wife serve the guests and present them with food. But if the wife does not observe the restrictions and obligations prescribed by Islam regarding covering the body—as is often seen today—then it is not permissible for her to appear before men.
Acts Contrary to Nature Are Major Sins
Regarding the method Islam has adopted for controlling and organizing sexual desire, an important point is that just as zina and its means and causes have been declared prohibited in Islam, liwat, or the act contrary to nature practiced by the people of Lot, has also been made completely prohibited.
This vile and repulsive act is not only contrary to nature, defiling, and destructive of manliness; it is also a crime involving the violation of women’s rights, and is therefore a great injustice.
In any society where this vile practice spreads, public life will fall into extreme disorder. People will become accustomed to this ugly act and become its slaves. Moreover, they will lose everything—character, sound taste, and purity. In this regard, the Quranic account of the people of Lot is sufficient to provide correct knowledge. Those people initiated this vile and repulsive practice and spread it widely. They abandoned their lawful and pure wives and adopted this prohibited act. For this reason, the Prophet of Allah, Lot (peace be upon him), said to them:
Are you the only people in the world who approach men, while abandoning the wives Allah has created for you? Rather, you are a transgressing people. (Surah al-Shu’ara 26:165–166)
The Quran rejects this act and declares it oppression, excess, ignorance, corruption, and crime. It is the ultimate distortion of human nature and the greatest deviation from the path of guidance. It is the ultimate collapse of morality and a serious sickness of taste. Allah Most High sent angels in human form to test these people. In retaliation for the treatment the people of that nation inflicted upon them, Allah sent a severe punishment upon them. Thus the Quran states:
When Our angels came to Lot, he was distressed by their arrival and became deeply troubled. He said, “This is a day of great distress.” His people rushed spontaneously toward his house upon hearing of the guests’ arrival. They had long been accustomed to such wicked and vile acts. Lot said to them, “My brothers, here are my daughters; they are purer for you. So fear Allah and do not disgrace me concerning my guests. Is there no sensible person among you?” They replied, “You already know that we have no claim to your daughters. You also know that I could overpower you, or that I could take refuge in some strong support.” Then the angels said to him, “O Lot! We are messengers sent by your Lord. These people will never be able to harm you.” (Surah Hud 11:77–81)
The jurists hold different views regarding the punishment that may be imposed on one who commits this wicked and vile act. The question is whether the one who practices liwat should receive the punishment prescribed for adultery, or whether both the practitioner and the one upon whom it is practiced should be sentenced to death. If they are to be killed, by what means should it be done—by the sword, by burning, or by throwing them from a high wall?
Islam’s strictness regarding such crimes may be considered harsh. But preserving Islamic society from such filthy and loathsome practices is impossible without applying such severe punishments. This sin is contagious and harmful. If it becomes widespread in society, no consequence other than destruction upon destruction can result.
Masturbation
Many young men resort to their own hands to suppress sexual arousal. Through masturbation, they discharge semen and calm the nervous system. Today it is referred to as a “secret habit.”
Many scholars have declared this act prohibited. Imam Malik used the following verse from the Noble Quran as evidence in this matter:
And those who guard their chastity, except with their wives or those whom their right hands possess, are free from blame. But whoever seeks anything beyond that are the transgressors. (Surah al-Mu’minun 23:5–7)
According to Imam Malik, those who masturbate adopt a different means instead of the lawful means declared by the Quran. Therefore, it is prohibited.
It is narrated from Imam Ahmad ibn Hanbal that he regarded semen as a type of waste, like other bodily waste. He considered its expulsion by the aforementioned method permissible, such as when one is overcome by sexual desire. Imam Ibn Hazm also supported this view. Scholars of the Hanbali school have declared this act permissible under two conditions: first, that failure to do so would create a fear of falling into zina; and second, that the person is unable to marry.
In this context, we may adopt Imam Ahmad’s view only when sexual desire becomes irresistible and the fear that it may lead him to commit zina and adultery becomes acute—for example, a student pursuing his studies or a solitary person working abroad, especially when countless causes of sexual arousal are present before him. In such circumstances, it becomes extremely difficult and arduous for anyone to exercise self-restraint. For such a person, resorting to this means to suppress his sexual desire would not be greatly blameworthy. However, the condition is that he must not exceed the limits in this matter, nor may he adopt this method permanently; that is absolutely impermissible.
However, the Noble Prophet (peace be upon him) showed Muslim youths who were unable to marry the best course. That course is to fast frequently. Fasting disciplines and strengthens a person’s willpower, teaches patience, and habituates him to patience. Fasting increases the power of taqwa within a person and strengthens the consciousness of knowing Allah as ever-present and observing. In this regard, the statement of the Noble Prophet (peace be upon him) is: (Arabic****************)
O young men! Those among you who are capable of marital intercourse should marry, for marriage helps him become accustomed to lowering his gaze and keeps his sexual organ pure and protected. And whoever among the young men is unable to marry should fast, for fasting will serve as a shield for him.
There Is No Monasticism in Islam
Islam does not leave sexual desire unrestrained and free. For if it were left so, it would not be prepared to observe any limits or restraints, conditions, or restrictions. For this reason, zina, adultery, and every activity connected with it or drawing people toward it have been declared haram. On the other hand, Islam has not given the slightest support to an attitude that conflicts with this natural inclination and seeks to eradicate it completely. For this reason, Islam has encouraged marriage and strongly opposed remaining unmarried or celibate, or making oneself impotent. Therefore, it is not permissible at all for a Muslim man or woman, despite having the means, to remain unmarried with the intention of severing relations with the world and dedicating themselves to Allah, or of devoting themselves to the worship of Allah with complete undisturbed single-mindedness. Islam gives not the slightest support to such an attitude or policy.
Among some Companions of the Noble Messenger (peace be upon him), an inclination to renounce the world began to emerge. But whenever the Noble Prophet (peace be upon him) perceived it, he declared that renouncing the world amounted to abandoning the Islamic way of life and disregarding the Sunnah of the Messenger. In reality, it was a Christian-like tendency. The Noble Messenger (peace be upon him) declared this tendency completely opposed to Islam. It is narrated from Abu Qilabah: (Arabic****************)
A number of Companions resolved to renounce the world, abstain from relations with their wives, and adopt monasticism. But the Noble Prophet (peace be upon him) dealt with this matter very firmly. He said: Your predecessors adopted extreme severity and austerity in practicing their religion, so Allah also imposed severity upon them. The people who inhabit the churches, monasteries, and khanqahs of this age are their heirs. Therefore, worship Allah and do not associate anyone with Him. Perform Hajj, perform Umrah, and follow the straight and upright path; then you will be treated properly. (Abd al-Razzaq, Ibn Jarir, Ibn al-Mundhir)
The narrator of this hadith said: The following verse was revealed concerning these people: (Arabic****************)
O you who believe! Do not declare unlawful the pure things that Allah has made lawful for you, and do not transgress. Indeed, Allah does not love the transgressors. (Surah al-Ma’idah: 87)
Mujahid said: Uthman ibn Maz’un, Abdullah ibn Amr, and other Companions resolved to live without relations with their wives, castrate themselves, and wear garments made of sackcloth. The preceding verse and the verses that followed it were revealed on this occasion.
A group of Companions came to the house of the Noble Prophet (peace be upon him) and began asking his wives about his worship and devotion. After learning what they wished to know, they considered it very little and inadequate. They then began saying among themselves: (Arabic****************)
How can we compare ourselves with the Noble Messenger? Allah has forgiven all his former and latter sins. Then one of them said: I will fast all the time and never break my fast. The second said: I will remain awake and worship throughout the night and will not sleep at all. The third said: I will abstain from women and will never marry. Later, when the Noble Prophet (peace be upon him) learned of this, he explained their mistaken notions and the deviation in the principles they had adopted. He said: I know Allah more than you do, and I fear Him more than you do. Yet I both stay awake at night in worship and sleep. I fast and also break my fast, and I marry and live a married life. This is my way and my example. Whoever turns away from it is not among my community.
Hazrat Sa’d ibn Abi Waqqas (may Allah be pleased with him) said: (Arabic****************)
When Uthman ibn Maz’un wished to adopt a life without relations with his wife, the Noble Messenger (peace be upon him) rejected it. Had he permitted him, we would have castrated ourselves and become impotent.
In this context, the experts have expressed the view that marriage is obligatory for every Muslim. It is not permissible at all to avoid it as long as one has the desire and ability. Others hold that a person who wishes to marry and fears for the preservation of his character if he does not marry must marry.
It is unbecoming for any Muslim to refrain from marriage because of poverty, limited provision, or lack of courage to bear the burden of responsibility. Rather, he should strive with all his strength to obtain Allah’s help and grace. For Allah has promised to shower His grace upon those who marry in order to preserve the purity of their character. Allah Most High has said: (Arabic****************)
Marry off the unmarried among you and the righteous among your male and female slaves. If they are poor, Allah will enrich them from His bounty. (Surah al-Nur: 32)
The Noble Messenger (peace be upon him) said: (Arabic****************)
Allah is bound to help three kinds of people: one who marries in order to preserve the purity of his character; one who enters into a contract with his master to purchase his freedom for a specified amount, if he genuinely intends to pay that amount; and a warrior in the path of Allah.
Looking at the Proposed Bride
When a Muslim resolves to marry and proposes to marry a particular girl, it is sanctioned by the Shariah for the proposer to see her before the marriage ceremony. If he sees her, he can proceed with understanding and deliberation. It is by no means proper to proceed blindly in such a matter, for that may later become a cause of regret and may create frustration in his own heart. If this arrangement is implemented, there should be no reason for apprehension.
Indeed, the eyes or the gaze represent the heart. Thus, when two people’s eyes meet, it is very possible for their hearts to meet as well. Before marriage, it may be hoped that affection and cordiality will develop between the prospective husband and wife, which is absolutely essential for the stability of married life.
It is narrated from Hazrat Abu Hurairah (may Allah be pleased with him), who said: (Arabic****************)
I was present with the Noble Messenger (peace be upon him) when a man came there. He had decided to marry a woman from the Ansar. The Noble Prophet (peace be upon him) asked: Have you seen her? The man said: No. The Noble Prophet (peace be upon him) asked: Have you seen her? The man said: No. The Noble Prophet (peace be upon him) then said: Go now and look at her, for there is something in the eyes of the women of the Ansar.
It is narrated from Hazrat al-Mughirah ibn Shu’bah (may Allah be pleased with him) that he proposed to a girl. The Noble Prophet (peace be upon him) said: (Arabic****************)
Look at her first, for this pre-marital viewing is very likely to establish harmony between you. Al-Mughirah went to the girl’s parents and informed them of what the Noble Prophet (peace be upon him) had said. They did not regard the matter favorably. But when the girl herself heard this from behind the curtain, she said: If the Messenger of Allah himself has told him to look, then let him look. Al-Mughirah said: On hearing the girl say this, I looked at her and married her. (Ahmad, Ibn Majah, al-Tirmidhi, al-Darimi, Ibn Hibban)
The Noble Prophet (peace be upon him) did not specify in clear language any limit to how much of a proposed bride may be seen. Some experts have said that only the face and hands may be seen. But this is not a special ruling concerning a proposed bride; it also applies to looking at a woman who has not been proposed to. It is permissible to see her even without proposing marriage. Once a marriage proposal has been made, the permission to see the girl concerned itself proves that, in this situation, it must be permissible to see considerably more than is ordinarily permissible, and that it should be allowed.
It is stated in the hadith: (Arabic****************)
When any of you proposes marriage to a girl, he should, if possible, look at some part of her that will encourage him to marry her.
Some experts permit looking carefully at the proposed bride, while some other scholars take a very restrictive view on this matter. The moderate position between them is best and most balanced. Some experts hold that a man proposing marriage should be permitted to see the proposed bride in precisely the clothing she wears when appearing before her father, brothers, and mahram men. Moreover, in order to observe and assess the girl’s intelligence, judgment, and distinctive qualities, they may sit with one of her mahram men in a place where the girl normally comes and goes. The condition is that the place must be lawful and the proposed bride must be wearing Shariah-compliant clothing. The basis of this view is the aforementioned hadith, which says that he should look at some part of her that will encourage him to marry her. (Arabic****************)
The man proposing marriage may formally see the proposed girl after informing her and her family, or he may see her without informing anyone. However, having a genuine and firm intention to make a specific proposal and marry her is an essential condition. Hazrat Jabir ibn Abdullah said regarding his wife: I hid beneath a tree in order to see her.
The hadith narrated above by Hazrat al-Mughirah shows that if Muslim parents, in the name of some custom or tradition, prevent or refuse a man who genuinely wishes to marry their daughter from seeing her, then such customs must be consistent with the Shariah, not contrary to it. Making the Shariah subject to customs and traditions amounts to violating the Shariah. But parents may not permit a young man, taking advantage of this permission to look, to touch a young woman’s neck, or, under the pretext of a marriage proposal, go together with her to theaters, cinemas, sports grounds, or markets and roam about without a mahram man accompanying them. Nor is such unruliness permissible in any way for the proposer or the proposed bride. Yet the abject slaves of contemporary Western civilization are doing all these things in the name of looking at a girl.
The truth is that extremism, whether to the right or to the left, has no compatibility whatsoever with the Islamic way of life.
The Unlawful Ways of Making a Marriage Proposal
It is not permissible for any Muslim to propose marriage anew to a divorced woman or a widow during her iddah—that is, before her iddah has ended. The iddah is observed in order to honor the previous marriage. Therefore, no excess in this matter is permissible for anyone. However, during her iddah, one may try to indicate indirectly, through gestures and hints, whether the widow would be interested in marrying him after her iddah ends, but not openly or in explicit words. Allah Most High has said: (Arabic****************)
There is no sin upon you if you make an indirect reference to a marriage proposal.
It is not permissible to make a second marriage proposal before a decision has been reached on an existing proposal, if discussions regarding the first proposal are progressing toward success. It is the right of the first proposer that a decision be made regarding his proposal, and this right must be fulfilled. This is necessary to preserve relations among people and avoid discourteous conduct. Otherwise, the right of the first proposer would be taken away, which would certainly be an excessive act. But if the first proposer himself abandons his intention or withdraws his proposal, or gives permission for someone else to propose, then there is no harm in another person making a proposal. The Noble Messenger (peace be upon him) said: (Arabic****************)
A believer is the brother of another believer. Therefore, it is not permissible to outbid one’s brother in a purchase or to make a proposal over his marriage proposal.
The Noble Prophet (peace be upon him) also said: (Arabic****************)
It is not permissible for anyone to make a proposal before another person’s marriage proposal has been abandoned or permission has been given to propose over it. (Bukhari)
A Virgin Daughter’s Consent and Not Forcing Her
A young virgin daughter has the greatest right to consideration in the matter of her marriage. It is not at all permissible for her father or guardian to disregard her opinion or fail to consider her consent and permission. The Noble Prophet (peace be upon him) said: (Arabic****************)
A woman who has previously been married has more authority over her own affairs than her guardian. As for a virgin daughter, her permission must be sought regarding her own affairs.
A young woman came to the Noble Prophet (peace be upon him) and said that her father had married her to her paternal uncle’s son, but she did not approve of this marriage. The Noble Prophet (peace be upon him) gave her the authority to decide the matter. The girl said: My father carried out the relationship he established, but I have decided to inform all women that: (Arabic****************)
Fathers have no authority to decide anything concerning their daughters.
If a marriage proposal comes for a girl from a religious, virtuous, and suitable young man, her father has no right to delay her marriage. The Noble Prophet (peace be upon him) said: (Arabic****************)
Three matters must not be delayed: prayer, when its time arrives; the funeral prayer, when the body is present; and the marriage of a marriageable girl, when a suitable proposal is received.
He also said: (Arabic****************)
Marry them to those whose religious commitment and character please you. If you do not, there will be widespread discord and great corruption on earth.
Women Who Are Mahram
It is completely haram for every Muslim man to marry the following women.
1. The father’s wife—whether she is a wife whom the father divorced or one whom he left behind upon his death, the ruling is the same in both cases. In the era of pre-Islamic ignorance, it was customary to marry one’s father’s wife. Islam declared her haram. For the father’s wife is like a mother, and the fact that she has once been married to the father is sufficient to make her haram. The father holds a position of great dignity and honor in the eyes of his child. Since the father’s wife is permanently haram for the son, the son’s desire and lust toward her have also become categorically haram. Thus, a relationship of honor and dignity between the son and his father’s wife remains permanent, firm, and unchanging forever.
2. The mother—the biological mother, as well as the paternal and maternal grandmothers, are likewise haram.
3. The daughter—including a son’s daughter and a daughter’s daughter, however far the list may extend.
4. The sister—whether a full sister, a maternal half-sister, or a paternal half-sister.
5. The paternal aunt—the father’s sister, whether a full sister or otherwise.
6. The maternal aunt—the mother’s sister.
7. The brother’s daughter.
8. The sister’s daughter.
In Islam, all these women are called maharim or muharramat, because they are permanently haram for a Muslim man. They are never halal under any circumstances, and it is not permissible to marry them. In relation to these women, the man is also called a mahram.
Reasons Why Marriage to These Women Is Haram
a. The nature of a civilized and refined person can never agree or be prepared to use his own mother, sister, or daughter to satisfy his sexual lust. Even some animals, let alone human beings, are not prepared to do this. One feels the same reverence toward one’s maternal and paternal aunts as toward one’s biological mother, together with the same respect and devotion. Likewise, an uncle, whether paternal or maternal, is revered and respected like a father by every woman.
b. If the Islamic Shariah had not made a similar ruling concerning these muharramat, and had not permanently prohibited sexual desire toward them, sexual relations between them would not have been impossible, because normal family life brings them into frequent private seclusion and close interaction with one another.
c. Deep emotional bonds exist among these close relatives, which is why every person respects and honors them and feels deep and intense sympathy and affection for them. For this reason, it is desirable to establish marital relations with women outside this circle with love and affection. Through the new bonds of kinship, the circle of loved ones and relatives in society becomes much broader and more extensive, and the sphere of love and sympathy also expands. The Qur’an alludes to this, saying: (Arabic****************)
And He created bonds of friendship and love among you.
d. It is essential that the natural affection among these close relatives should remain permanent. In this way, the lasting relationship among them can remain firm and indestructible and reach maturity. A strong foundation can be established for their love, support, and the like. Conversely, if marriage between them were possible, differences of opinion, jealousy, hostility, quarrels, and conflict would inevitably arise. As a result, family life would suffer deep division and great disaster. Mutual separation and enmity would become an unavoidable outcome.
e. If marital relations were established between men and women who are such close relatives, the lineage they produced would naturally become weak and incapable in every respect. If there were any physical or intellectual weakness or defect in a family, it would be transmitted by heredity and remain confined within that lineage.
f. Every woman depends on a man who supports her, strives on her behalf, and stands up for her, and she relies on him to a considerable extent. If her relationship with her husband deteriorates, the need for such a person becomes acute. If no one is available to protect her interests and support her, the woman’s helplessness becomes tragic. But if she marries one of these very close relatives, she will have no one anywhere to speak on her behalf, because then her own relative will become her rival or enemy.
Marriage Prohibited Because of Breastfeeding
9. It is completely haram for a male child who suckled at a woman’s breast during infancy to marry that woman. By breastfeeding him, she became like his mother. Her breast milk became an important component in the muscles and bone marrow that developed in his body. Through breastfeeding, a new emotional relationship like that of mother and child developed between them. It is true that this relationship often remains hidden, but it continues in the person’s subconscious for a long time and becomes manifest when needed.
This ruling of the Shariah resulting from breastfeeding applies if the feeding takes place during infancy—that is, before the child completes two years of age. Since it is during this age that a child feeds on a woman’s breast milk, the ruling of the Shariah becomes effective. Its indication is that, while feeding, the child becomes full and stops drinking on his own, and the nipple slips from the child’s mouth by itself.
The condition of five separate feedings deserves preference on the basis of the various narrations of the hadith.
10. It is also haram to marry one’s milk-sister. Just as the woman becomes the milk-mother of the male child, the daughters born to that woman will become his milk-sisters. That woman’s sisters will be his milk-aunts. Her other relatives will likewise become relatives to him through the milk relationship.
At this point, the hadith of the Noble Prophet (peace be upon him) is: (Arabic****************)
Whatever is prohibited on account of blood relationship will likewise be prohibited on account of suckling relationship.
Just as marrying one’s paternal aunt, maternal aunt, niece, or sister’s daughter is prohibited because of blood relationship, marriage to the corresponding relatives also becomes prohibited because of suckling.
Marriage Prohibited Because of Marital Relationship
11. The wife’s mother—in other words, the mother-in-law. Marrying her is also prohibited. As soon as a man marries a woman’s daughter, that woman becomes prohibited to him, whether or not the marital relationship with her daughter has been consummated, because a mother-in-law is equivalent to a mother.
12. The stepdaughter—in other words, the daughter of a wife with whom the marital relationship has been consummated—is prohibited to the husband. If that relationship has not actually been consummated, there is no harm in marrying her daughter.
13. The wife of one’s biological son. The wife of an adopted son is not prohibited. For in Islam, even if a boy is raised and cared for, he does not become one’s biological son. This practice existed in the Age of Ignorance, but Islam abolished it, because it denies the actual and real state of affairs. It treats the lawful as unlawful and the unlawful as lawful. Allah Most High has said: (Arabic****************)
He has not made your adopted sons your real sons. That is merely what you say with your mouths. (Surah al-Ahzab: 4)
Reality and fact can never be changed merely by words. A stranger does not become a relative.
Marriage to these three is prohibited because of the marital relationship. Since this relationship is formed through marriage, it is entirely appropriate that such marriage be prohibited.
Making Two Sisters Wives at the Same Time
14. Taking two sisters as wives at the same time is prohibited. This was widespread in the Age of Ignorance, but Islam prohibited it. The reason is that the natural bond between two sisters cannot survive in such circumstances, whereas Islam seeks to preserve this bond intact and unchanged. When two sisters become co-wives, this relationship will naturally come to an end, and the two will become enemies of one another.
The Noble Qur’an has expressly declared it prohibited to take two sisters as wives at the same time. The Messenger of Allah (peace be upon him) further instructed: (Arabic****************)
A woman and her paternal aunt, or a woman and her maternal aunt, may not be taken as wives at the same time.
He also said: (Arabic****************)
If you do such a thing, you will commit the sin of severing the ties of close kinship.
Yet Islam is determined to preserve this close kinship bond (Arabic****************) intact. How, then, could it permit an act that produces such a consequence?
Married Women
15. Women who are already married to a man are completely prohibited from taking another husband in that state.
It can be permissible for another man to marry such a woman only in two circumstances:
a. Her present husband dies or divorces her, and thus his marriage bond with her comes to an end through death or dissolution.
b. Thereafter, the period of ‘iddah prescribed by Allah Most High for the woman is completed, her obligations toward her former husband have ended, and the required period of protection has been observed. If the woman is pregnant, this period ends when she gives birth, whether the period is short or long.
For a woman whose husband has died, this period of ‘iddah is four months and ten days.
If she has been divorced, her period of ‘iddah is three menstrual cycles. This period is essential to establish that she is not pregnant, since there remains the possibility that she is carrying a child by her former husband. Thus observing this ‘iddah is obligatory to prevent the mingling of two lines of descent. However, if the woman is very young or an elderly woman whose menstruation has ceased, her ‘iddah is only three months. Allah Most High says: (Arabic****************)
Divorced women shall wait by themselves for three menstrual cycles. It is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. (Surah al-Baqarah: 228)
He said: (Arabic****************)
If you are uncertain about those among your women who no longer expect menstruation, their ‘iddah is three months; and likewise for those whose menstruation has ceased. The ‘iddah of pregnant women lasts until they give birth.
He also said: (Arabic****************)
Those of you who die and leave wives behind—their wives shall observe a waiting period of four months and ten days. (Surah al-Baqarah: 234)
Marriage to the fifteen categories of women mentioned above is prohibited in Islam. They have been declared prohibited together in three verses of Surah al-Nisa of the Noble Qur’an. Those three verses are: (Arabic****************)
Do not marry women whom your fathers married, except what has already occurred. Indeed, it was an obscenity, hateful, and an evil way. Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brothers’ daughters, your sisters’ daughters, your mothers who nursed you, your sisters through nursing, your wives’ mothers, your stepdaughters under your guardianship from wives with whom you have consummated the marriage—but if you have not consummated the marriage, there is no blame upon you—and the wives of your biological sons, and that you take two sisters together, except what has already occurred. Indeed, Allah is Forgiving and Merciful. Also prohibited are married women……… (Surah al-Nisa: 22–24)
Idolatrous Women
16. It is also prohibited to marry an idolatrous woman. Idolatrous women are those who worship idols. The ancient Arab idolaters and the Hindu idolaters of India fall into this category.
Allah Most High has stated clearly: (Arabic****************)
Do not marry idolatrous women until they accept the faith of tawhid. Know that a believing bondwoman is far better than an idolatrous woman, even if she pleases and charms you. Do not give your daughters in marriage to idolaters until they believe. For a believing bondsman is far better than an idolater, even if he pleases you. They invite toward Hell, while Allah invites toward Paradise and forgiveness by His permission.
This verse clearly states that it is not permissible for a Muslim man to marry an idolatrous woman. Nor is it permissible for a Muslim woman to marry an idolatrous man. The faith of tawhid and the religion of idolatry differ fundamentally. A believer leads people toward Paradise, whereas idolaters lead them toward Hell. The former believe in Allah’s oneness, the Messenger, prophethood, and the Hereafter, while the latter associate partners with Allah, deny prophethood, and disbelieve in the Hereafter.
Yet marriage is a matter of peace of mind, stability, friendship, and harmony. Therefore, it is impossible for these two opposing outlooks to come together in it.
Women from the People of the Book
The Noble Qur’an has permitted Muslims to marry women from the two communities of the People of the Book, the Jews and the Christians. It has also instructed that special consideration be shown to them. Although they have altered much of their religion, it must nevertheless be acknowledged that they follow a heavenly religion. Thus, just as it has permitted eating animals slaughtered by them, it has also declared marriage to their women permissible. Allah Most High says: (Arabic****************)
The food of those who were given the Scripture is lawful for you, and your food is lawful for them. And lawful are chaste believing women and chaste women from those who were given the Scripture before you, when you give them their bridal gifts, seeking chastity, not fornication, and not taking secret lovers.
This is certainly a distinctive aspect of Islam’s liberal principles. Few examples of it can be found among the other nations and religions of the world. Although the People of the Book are described as unbelieving and misguided, Islam has declared that women belonging to these religions may remain steadfast in their own faith and yet become the wives and mistresses of Muslim men’s homes. They may become a Muslim man’s source of comfort, confidantes of his private life, and mothers of his children. Islam has permitted this even though, concerning the marital relationship and its inner reality, the Qur’an says: (Arabic****************)
Among His signs is that He created spouses for you from among yourselves so that you may find comfort in them, and He has placed between you affection, love, and mercy.
At this point, it is essential to issue a warning about one matter. A religiously committed Muslim woman—one sincerely devoted and attracted to the religion—is far better than a Muslim woman who is Muslim merely by ancestry. The Messenger of Allah (peace be upon him) taught us this. He said: (Arabic****************)
Marry a religious woman; she will be the cause of your success. Otherwise, may your hands be covered with dust.
This shows that any Muslim woman may be better as a wife for a Muslim man than a woman from the People of the Book.
Moreover, if such a wife’s beliefs influence her children and mislead them, and this danger is serious and certain, then, in order to preserve the religion, it is preferable to avoid these risks and not marry such a woman.
Furthermore, if Muslims are few in number in a country, then in such circumstances it should be completely prohibited for Muslim men to marry women from the People of the Book. For if Muslim men marry women from the People of the Book instead of Muslim women, Muslim women will be unable to marry and will consequently suffer extreme hardship. They cannot marry non-Muslim men, since that is not permissible. Then no one will remain to marry them. Such a situation would be extremely serious for Muslim society. Therefore, although marrying a woman from the People of the Book is permissible for a Muslim man, in such circumstances the only way to avert this danger is to allow no exception.
Marriage of Muslim Women to Non-Muslim Men
Giving a Muslim woman in marriage to a non-Muslim man is completely prohibited, whether he is a non-Muslim from the People of the Book or anyone else. It is not permissible for a Muslim woman under any circumstances. The Qur’anic ruling on this matter has already been cited. The ruling is: (Arabic****************)
Do not give your daughters in marriage to idolaters until they accept faith.
Regarding believing women who migrated, it has been said: (Arabic****************)
If you know the women who have migrated to be believers, do not send them back to the disbelievers. They are not lawful for them, nor are they lawful for these women.
The People of the Book were not excluded from this statement. Therefore, there is no room for disagreement that giving Muslim women in marriage to disbelieving, idolatrous, non-Muslim men is prohibited.
Islam has permitted marrying Jewish and Christian women, but has prohibited giving Muslim women in marriage to them, and there are sound reasons underlying this distinction. The man is the head of the household and has authority over the woman; he bears direct responsibility for everything. In addition, Islam has granted a wife from the People of the Book full freedom regarding her beliefs, protected her rights through the laws of the Shariah, and taken effective measures to safeguard her honor and dignity. But Jewish, Christian, or Hindu religion does not guarantee a wife from another religion any rights, dignity, or freedom, nor is there any promise that her rights will be protected. In such circumstances, how could Islam permit a Muslim woman to be married to a non-Muslim man and push her into this grave danger? It is utterly impossible to adopt a policy of entrusting her to a man who offers no assurance of preserving her religious beliefs and character.
In principle, a husband should respect and honor his wife’s religious beliefs and character. A good relationship between the two can be preserved only in this way. Muslims regard Jews and Christians as believers in a heavenly religion, despite the many fundamental changes made to their beliefs. They regard the Torah and the Gospel as Books of Allah, and believe that Moses and Jesus, peace be upon them, were great prophets and messengers of Allah. For this reason, it is quite possible for a woman from the People of the Book to remain firm in her own religion, live as a Muslim’s wife, and live in peace and happiness. Her husband acknowledges her religion, Book, and prophet. Not only that, he knows that a Muslim’s faith cannot be sound and correct without accepting them as true and correct. But the conduct of Jews and Christians is completely opposite. They do not recognize Islam at all; they do not accept its Book or its Messenger. How, then, can a woman who believes in Islam live happily and peacefully as the wife of such a man? She will observe her religion and Islamic worship, strive to preserve Islam’s honor and the reality of its rules, avoid what the Shariah has prohibited, and fulfill her obligations. But under the authority of such a husband, this will not actually be possible, because she will have to submit to the authority of her non-Muslim husband.
In this light, the rationale for Islam’s declaring it prohibited for a Muslim man to marry an idolatrous woman who worships idols can be understood. Islam is completely opposed to and entirely rejects polytheism and idol worship. Consequently, the desired deep affection, friendship, and love cannot develop and endure between such a husband and wife.
Women Accustomed to Adultery
It is not permissible for a believing Muslim to marry a woman accustomed to adultery, engaged in prostitution, and openly practicing that profession. Murthad ibn Abi Murthad (may Allah be pleased with him) asked the Messenger of Allah (peace be upon him) for permission to marry a prostitute with whom he had had a relationship during the Age of Ignorance. The woman’s name was ‘Inaq. Upon hearing this, the Messenger of Allah (peace be upon him) turned away from him. Then a Qur’anic verse was revealed: (Arabic****************)
The adulterer does not marry except an adulteress or an idolatress, and the adulteress is not married except by an adulterer or an idolater; that is prohibited to the believers.
The Messenger of Allah (peace be upon him) immediately recited the verse to him and said: (Arabic****************) No, you shall not marry her.
The reason is that Allah Most High has permitted believing men to marry believing women of good character and women of similar character from the People of the Book. This permission is conditional upon their being (Arabic****************) women taken in marriage, not adulteresses.
Therefore, whoever disobeys this command of Allah’s Book and refuses to follow it is an idolater. Only another idolater like him could agree to marry him; no believer could do so. And whoever accepts and acknowledges this ruling but nevertheless acts contrary to it and is prepared to enter into a marriage that has been prohibited has become an adulterer.
The aforementioned verse from Surah al-Nur is cited after another verse from the same surah. In that earlier verse, mentioning the punishment for adultery, it is said: (Arabic****************)
Flog each of the adulterous woman and man with one hundred lashes.
This is the physical punishment for adultery. What was stated above is the moral and disciplinary punishment for adultery. The main purpose of prohibiting marriage to an adulterous woman or man is to prevent them from occupying an important and honorable position and to deny their social standing. In contemporary terms, it is to deprive them of their rights and keep them from receiving them.
Imam Ibn al-Qayyim wrote after explaining the aforementioned verse:
Just as this Qur’anic ruling is explicit and binding, it is also consistent with reason and human nature. Allah Most High has completely prohibited His servants from becoming the husband, cuckold, or companion of an immoral woman. The nature in which Allah created human beings recognizes such conduct as extremely vile, blameworthy, and repulsive. For this reason, when someone is to be severely insulted, he is called ‘the husband of an immoral woman.’ Allah Most High has therefore truly prohibited a Muslim from becoming such a person. This prohibition also makes clear that the wife’s sin will gravely corrupt her husband’s bed and lineage, whereas Allah Most High wishes lineage to be established upon a pure and blessed foundation. He has declared this to be one of His special laws. Adultery, however, creates a means for the mixing of sperm and makes lineage doubtful. Thus, one characteristic of the Shariah is that it has prohibited marrying an adulterous woman. But if she repents and purifies her womb by waiting one menstrual cycle, the matter is different—that is, marriage then becomes permissible. (Arabic****************)
Another reason that marrying an adulteress is prohibited is that an adulterous woman is extremely ‘khabeeth,’ or impure. Yet Allah Most High has made marriage a pure bond of friendship, love, and harmony. Friendship is genuine love. An ‘impure’ woman cannot become the beloved wife of a man of pure character. A husband is called in Arabic (Arabic****************) ‘zawjun.’ This word derives from (Arabic****************) ‘izdiwaj,’ and its meaning is similarity and compatibility in every respect. But between ‘impure’ and ‘pure,’ a feeling of intense disgust and loathing inevitably appears. From the perspective of the Shariah and even by ordinary moral standards, the desired mutual sincerity, profound love, affection, and harmony cannot develop between the two. Thus Allah Most High has truly said: (Arabic****************)
Impure women are for impure men, and impure men are for impure women; and pure women are for pure men, and pure men are for pure women. (Surah al-Nur: 26)
Temporary Marriage
In Islam, marriage is a firm bond and an unbreakable covenant—the result of both parties’ profound desire and enthusiasm to live together forever. Its purpose is to establish tranquility of mind, friendship, love, and mercy between husband and wife. Its ultimate aim is to preserve the continuity of lineage and give permanence to humanity’s progress. Allah Most High says in the Noble Qur’an: (Arabic****************)
Allah Most High has made spouses for you from among yourselves and provided, through these spouses, for you children, grandchildren, and descendants.
For this reason, marriage should always be established on a permanent basis. Temporary or provisional marriage is not like that. It is for a specified period in exchange for a specified amount of payment. Consequently, the meaning of marriage described above in the light of the Qur’an is entirely absent here. The Messenger of Allah (peace be upon him) permitted such marriage before the rulings of the Shariah had reached their completion and stability. This permission applied during long journeys and military expeditions, but later he himself declared it prohibited forever.
There was a reason why such marriage was initially permitted. At that time, people were passing through a critical transitional period as they abandoned the Age of Ignorance and moved toward Islam. In the Age of Ignorance, adultery was easy, unrestricted, and free from every kind of constraint.
After the advent of Islam, when these same people had to travel to distant lands for long periods to fight in jihad, remaining separated and disconnected from their wives for so long became very difficult. Among the new Muslims were both people of very strong faith and people of weak faith. In particular, the danger that those with weak faith would fall into adultery became acute, although adultery is the most shameless of sins and a repulsive act.
On the other hand, people of strong faith resolved to castrate themselves and suppress their sexual desire. At this point, Ibn Mas‘ud (may Allah be pleased with him) said: (Arabic****************)
We would go on military expeditions with the Noble Messenger (peace be upon him). At that time, our wives did not accompany us. So we said, “Should we castrate ourselves?” But the Noble Prophet (peace be upon him) forbade us from doing so and permitted us to marry in exchange for clothing and the like for a specified period.
Thus, permission was given for this temporary marriage, which is called mut‘ah marriage in Arabic. It was intended to remove the temporary hardship and difficulty faced by both weak and strong believers. This was one step toward the legal system that Islam sought to establish for Muslims’ married and conjugal life. Islam’s aim was to present a marital and conjugal system that would fulfill all the purposes of marriage: purity of character, protection of chastity, stability in married life, continuation of the family line, and the expansion of love, affection, and family life through the bond of marriage.
Just as the Qur’an adopted a gradual method in prohibiting alcohol and usury—both of which were widespread throughout the Age of Ignorance—it likewise adopted a gradual approach in prohibiting fornication and protecting the sanctity of the private parts. Therefore, at first, the Noble Prophet (peace be upon him) permitted mut‘ah marriage in view of necessity. Later, he declared this kind of marriage completely forbidden. Hadiths on this matter have been narrated from Hazrat Ali and many Companions. It is narrated from Hazrat Ma‘badah al-Juhani: (Arabic: *************)
He had gone with the Noble Prophet (peace be upon him) on the expedition to conquer Makkah. At that time, he permitted them to take wives through mut‘ah. He further said: But the Noble Prophet (peace be upon him) prohibited it before leaving Makkah.
The wording of another hadith narrated by him is: (Arabic: *************)
And Allah Almighty has forbidden this marriage until the Day of Resurrection.
The question now arises: Is this prohibition still effective and continuing, like the perpetual prohibition of marrying one’s mother or daughter, or is this prohibition like that of carrion, blood, and pork?…… If so, when necessity arises and the fear of falling into fornication becomes intense, would such a marriage then become permissible?
In general, the entire community of the Companions unanimously held that mut‘ah marriage was permanently and conclusively forbidden, and that the earlier declaration of prohibition remained fully effective, continuing, and unchanged. Since the Shariah had reached its final form, there could now be no room in it for this kind of marriage.
However, Hazrat Ibn Abbas (may Allah be pleased with him) expressed a differing view. He said that even later it was permissible in cases of necessity. When a man asked him about taking a wife through mut‘ah, he permitted it. His slave asked him, “Is it permissible only when the situation becomes extremely difficult?” Ibn Abbas (may Allah be pleased with him) replied, “Yes.”
Later, when he himself learned that people had begun to go to excess in this matter and were adopting this method even without necessity, he withdrew this opinion and stopped issuing fatwas in its support. (Arabic: *************)
Taking More Than One Wife at a Time
Islam is a religion fully harmonious with nature, a comprehensive way of life capable of confronting reality. Just as it restrains people from excess, it contains no deficiency or incapacity in relation to their needs. We find practical proof of this in its permission to have more than one wife at a time. It has permitted Muslims to have multiple wives in response to many serious human, personal, and social needs.
Before Islam, it was widespread among various nations and religious communities for one man to take a large number of women as wives. At times their number exceeded ten and reached one hundred, two hundred, or three hundred, with no conditions imposed and no restrictions or restraints. But when the religion of Islam came, it introduced specific rules, conditions, and controls concerning the taking of multiple wives.
The first restriction is that Islam set the maximum number of wives that may be kept simultaneously at four. A man named Ghaylan al-Thaqafi embraced Islam. At that time, he had ten women as wives. The Noble Prophet (peace be upon him) told him: (Arabic: *************)
Keep four of them and separate from the rest.
Similarly, the Noble Messenger (peace be upon him) forbade anyone who had eight or five wives when he embraced Islam from keeping more than four.
The Noble Prophet’s (peace be upon him) own keeping of nine wives at one time was an entirely exceptional matter. Allah Almighty granted him special permission to do so, in view of the needs of his missionary work and the needs of the Muslim community after his death.
The Condition for Taking More Than One Wife at a Time—Justice
Islam has permitted taking more than one wife at a time on the condition that a man must have firm confidence that he will be able to maintain complete justice among his wives—in matters of food, clothing, spending the nights, and bearing expenses.
For a man who does not possess firm confidence that he can properly fulfill all these rights with complete justice, balance, and equality, taking multiple wives has been declared entirely forbidden. Allah Almighty says: (Arabic: *************)
If you fear that you will not be able to deal justly, then marry only one.
And the Noble Prophet (peace be upon him) said: (Arabic: *************)
Whoever has two wives and gives one of them preference over the other will come on the Day of Resurrection dragging one side of his body that has fallen or become crooked.
This hadith warns against inclining toward one of the two. Such inclination means depriving the other of her rightful rights and treating her unjustly. Mere inclination of the heart is not a sin, because a person has no deliberate control over the attraction or inclination of the heart. Therefore, Allah Almighty does not hold anyone accountable for this, and this shortcoming is not counted against him. Allah Himself has said: (Arabic: *************)
You will never be able to maintain perfect justice and balance among your wives, even if you strive to do so. So do not incline completely toward one of them.
For this reason, the Noble Prophet (peace be upon him) would distribute everything among his wives and deal justly in that distribution, while saying: (Arabic: *************)
O Allah, I have made a just distribution to the best of my ability. So do not hold me accountable for failing to achieve the justice that is beyond my ability and within Your power.
By what is beyond one’s ability, he meant the inclination and attraction of the heart: it is not at all unusual for a person to feel excessive attraction, love, and affection specifically toward one person. In this matter, a person may often be incapable and completely helpless.
Whenever the Noble Prophet (peace be upon him) intended to travel abroad, he would depart with whichever of his wives was selected by lot.
The Rationale for Permitting Multiple Wives
Indeed, Islam is the final religion of Allah Almighty and the way of life revealed through the final Prophet and Messenger. It has presented an eternal Shariah applicable to all people. It contains laws and regulations concerning every aspect and division of human life. It is applicable and certainly effective in every time, age, and land. Every person can find solutions to life’s problems in it. It is not a Shariah that provides rules for city dwellers but not for villagers or desert dwellers, or rules for people in cold countries while disregarding the needs of those in hot countries. Nor is it one that fulfills the needs of the people of one lineage in one era while people of another time or lineage cannot derive guidance from it.
Indeed, just as it fulfills the needs of individuals, it also fulfills those of society and the community. It provides a sound system for the welfare of all humanity without distinction.
People’s circumstances are diverse. Someone may wish to continue his family line, yet despite having a wife, he has no children at all, whether because of infertility or some other reason. In such a situation, would it not be honorable for the wife and better for the man for him to keep his first wife with him, continue to fulfill all her rights properly, and take another wife so that his natural desire and longing to have children may be fulfilled?
Some people may have extremely strong sexual vitality, with sexual desire and arousal that are difficult for them to control. Yet their wife may be disinclined, uninterested, or incapable in this respect, or she may be chronically ill and unable to fulfill her husband’s needs. A wife’s menstrual period may be prolonged, while her husband may be unable to remain patient for a long time because of it. In such circumstances, rather than taking a girl friend, would it not be more fitting for him to marry another woman in a manner sanctioned by the Shariah?
At times, the number of women in a country is much greater than the number of men. This is especially so in national wars, when young men die in large numbers, forcing many women to live as widows because no men suitable for marriage can be found. In such circumstances, the overall welfare of society, and especially of women, may best be served if they prefer becoming co-wives rather than being deprived of married life and remaining unmarried elderly women. As a result, they can live with the dignity of wifehood, a husband’s love and affection, peace of mind, and moral purity. They may also become mothers. Such a way of life is, in reality, the response of their own nature.
When the number of marriageable women exceeds the number of men, one of the following three situations must inevitably arise:
—Either they will continue drinking the bitter poison of deprivation throughout their lives and spend their entire lives in this way;
—or they will live as free, independent libertines, becoming playthings for men and fuel for their lust, until their lives are wasted;
—or it will be considered lawful for them to marry married men who are capable of providing maintenance and willing to adopt good conduct.
From the perspective of the impartial and prudent, it will undoubtedly be clear that this last situation is the just and balanced solution. It is also the better arrangement from the standpoint of social order and moral health. Islam has offered this solution to this complex human problem. Allah has truly said: (Arabic: *************)
Who can give a better law than the law given by Allah for those who have firm faith in Allah? (Surah al-Ma’idah: 50)
This is the basic principle and context of Islam’s permission to take more than one wife at a time. Yet Western Christian priests have used this very matter to spread slander against Muslims and raise a worldwide storm. Their own condition, however, is that they have granted men unrestricted opportunity and permission to keep countless lovers, girlfriends, and mistresses, without imposing any legal or moral control. The result of such immoral and irreligious practices is that they have countless illegitimate orphaned children. The social corruption produced by this is indescribable and extremely difficult to remedy. In light of this great truth, it deserves serious consideration which system is more humane and beneficial—the Western system or Islam’s.
The Mutual Relationship Between Husband and Wife
The Noble Qur’an has described the purpose and aim of marriage with great importance and clarity. The edifice of conjugal life is built upon this foundation. Rather than sexual licentiousness, the true aims of the marital bond are love between husband and wife; mental peace, comfort, and satisfaction; deep mutual love and harmony among the relatives and families of both spouses; the complete expression of human sympathy, kindness, and emotional sensitivity; and the development of sincere relationships with children as parents. The verse of Surah al-Rum points to this. It says: (Arabic: *************)
And among His signs is that He created spouses for you from among yourselves so that you may find tranquility and comfort in them, and He created affection and compassion between you. Indeed, in this are many lessons and matters for reflection for thoughtful people.
The Sensitive Relationship Between Husband and Wife
In addition to these aims and purposes, the Noble Qur’an has also shed light on the emotional and physical, or sexual, relationship between husband and wife. Here too, the Qur’an has guided people along a simple, straightforward, and upright path. By following it, people can fulfill their natural desires while avoiding filthy and vile false paths.
It is related in hadith that when their wives menstruated, the Jews and fire-worshippers would withdraw far from them and go to great excess in this matter. Christians, on the other hand, would have intercourse with their wives even during this condition. They showed no concern or aversion whatsoever toward menstruation. The people of the Age of Ignorance, when their wives menstruated, avoided eating and drinking together, sitting together, sleeping in the same bed, and even living in the same room—just like the Jews and fire-worshippers.
Seeing this, some Muslims wondered what was lawful and what was forbidden regarding intimacy with their wives in such a condition. They asked the Noble Messenger (peace be upon him), and then the following verse was revealed: (Arabic: *************)
They ask you about menstruation. Say: It is a state of great impurity and discomfort. So keep away from your wives during this state and do not approach them physically until they are pure. Then, when they are pure, approach them as Allah has ordained for you. Indeed, Allah loves those who repent and those who purify themselves.
From the command in this verse to keep away from their wives, the Arabs assumed that they could not even live with them. So the Noble Prophet (peace be upon him), explaining the correct meaning of the verse, said: (Arabic: *************)
I have only commanded you to avoid intercourse with your wives during menstruation. I have not commanded you to expel them from their homes as the non-Arabs do.
When the Jews learned of this, they said: This man has resolved to oppose us in everything.
Therefore, apart from intercourse with a wife during menstruation—avoiding the place of impurity—there is no blame on a Muslim for enjoying her in all other ways. Thus, between the two extreme practices of expelling menstruating wives from the home on the one hand and engaging in sexual intercourse with them on the other, Islam introduced a balanced and harmonious middle path.
Modern medical science has discovered that menstrual blood contains a kind of toxic substance which becomes very harmful if retained in the body. The wisdom behind avoiding sexual intercourse during menstruation has also been uncovered. It is known that during menstruation the female sexual organ becomes constricted because of the accumulation of blood. As the internal veins and small vessels become congested, the nervous system remains highly restless and abnormal. Therefore, intercourse in such a condition can prove harmful. At times menstruation may stop, resulting in nervous disorders. Burning in the sexual organ may also occur. (See Dr. Abdul Aziz Ismail’s work: (Arabic: *************)).
Avoiding Anal Intercourse
Regarding physical relations with wives, this verse of Surah al-Baqarah was revealed: (Arabic: *************)
Your wives are your fields, so go to your fields as you wish. Prepare something for your future. Fear Allah, and know that you will surely meet Him. Give good news to the believers.
There was a particular reason and wisdom behind the revelation of this verse. Shah Waliullah Dehlawi has mentioned it. He said:
The Jews had created unnecessary restrictions concerning intercourse with wives, without any instruction from Allah. The Ansar who lived near them followed their practice. They used to say that if intercourse was performed from behind while entering the wife from the front, the child would be cross-eyed. Then this Qur’anic verse was revealed: (Arabic: *************)
Go to your fields as you wish.
That is, intercourse must be with the wife’s sexual organ, whether from the front or from outside—that is, from behind. No particular position or method of sexual intercourse has any connection with social, cultural, or national matters. As for personal convenience and inconvenience, each person knows that for himself. In this matter, the Jews’ narrow outlook was the result of their excessive subtlety. For this reason, it is preferable to reject it. (Arabic: *************)
In reality, determining the manner and position of intercourse is not a religious duty. A person should fear Allah and know well that he will certainly meet Allah. Therefore, he must avoid the anus, since it is the passage for excrement. This act is akin to the filthy practice of the people of Lot. For this reason, the Shariah considered it necessary to declare it forbidden. The Noble Prophet (peace be upon him) said: (Arabic: *************)
Do not have intercourse with your wives through the anus.
The Noble Messenger (peace be upon him) said to one who had intercourse with his wife through the anus: (Arabic: *************)
A minor practitioner of the people of Lot.
When a woman from the Ansar asked about intercourse with one’s wife from behind, the Noble Prophet (peace be upon him) recited this verse to her: (Arabic: *************)
Your wives are your fields, so go to your fields in whatever manner and from whatever direction you wish.
Hazrat Umar (may Allah be pleased with him) asked: (Arabic: *************)
O Messenger, I am ruined! He asked, “What has ruined you?” He replied, “Last night I changed the direction of my mount.” (That is, I approached my wife from behind.)
Hearing this, the Noble Prophet (peace be upon him) gave no reply. Then the verse mentioned above was revealed. Afterward, the Noble Prophet (peace be upon him) said: (Arabic: *************)
Approach from the front, or you may do so from behind. But avoid menstruation and the anus. (Ahmad, Tirmidhi)
Preserving the Marital Secrets of Husband and Wife
In describing the qualities of righteous and God-fearing women, the Noble Qur’an says: (Arabic: *************)
They are humble and guard what Allah has kept hidden, under Allah’s protection and favor. (Surah al-Nisa: 34)
The hidden and private matters whose protection is mentioned in this verse include matters concerning the intimate relationship between husband and wife. Mentioning these private secrets in gatherings and meetings with friends and companions is forbidden.
It is stated in a hadith: (Arabic: *************)
On the Day of Resurrection, the person of the lowest status before Allah will be the one who fulfills his need with his wife and then publicizes the private matter.
Hazrat Abu Hurayrah (may Allah be pleased with him) said: The Noble Prophet (peace be upon him) led us in prayer, then turned toward us after giving the salutation and said, “Everyone remain seated and listen. Is there anyone among you who goes to his wife, closes the door of the room, and draws the curtain, then comes out and tells people, ‘I did this and that with my wife’?”
No one answered the Noble Messenger’s (peace be upon him) question. Then he addressed the women who had prayed and asked, “Is there anyone among you who speaks like this?” A young woman, kneeling on her knees and trying to see the Noble Prophet (peace be upon him) and hear him, said, “By Allah, men also speak in this way.” Hearing this, the Noble Prophet (peace be upon him) said: (Arabic: *************)
Do you know what the example of one who does this is? His example is like that of a male and female devil who meet on a public road and fulfill their needs while all the people look openly at this shameless spectacle.
The example presented to a Muslim is sufficient to inspire utter hatred for such foolish conduct. For it is an extremely vile act. No Muslim can wish to become a male or female devil.
Family Planning
The survival of the human race and the continuation of human lineage are the ultimate objectives of marriage and married life. This survival depends on the uninterrupted continuation of the line of descent. For this reason, Islam has placed great emphasis on procreation and declared it highly desirable. From Islam’s perspective, children—whether boys or girls—are a source of immense blessing and prosperity. At the same time, however, Islam has expressed the view that family-planning methods may be adopted for reasonable causes and important needs. During the time of the Messenger of Allah (peace be upon him), coitus interruptus—withdrawal and ejaculation outside the wife’s organ—was practiced to prevent or reduce the birth rate. The Companions practiced this method during the period of the Prophethood. It is narrated from Jabir (may Allah be pleased with him): (Arabic text)
We practiced coitus interruptus during the lifetime of the Messenger of Allah (peace be upon him), while the Qur’an was being revealed. The wording of another hadith is: (Arabic text)
We practiced coitus interruptus during the lifetime of the Messenger of Allah (peace be upon him). When this was reported to him, he did not forbid us from doing it.
Another hadith states: (Arabic text)
A man came to the Prophet (peace be upon him) and said, “O Messenger, I have one hundred slave women. I practice coitus interruptus with them and do not wish them to become pregnant. I also desire what men generally desire.” The Jews, meanwhile, were saying that coitus interruptus was a minor form of secret infanticide. The Prophet (peace be upon him) said, “The Jews are lying. If Allah wishes a child to be born, you cannot prevent it.”
The meaning of the Messenger of Allah’s (peace be upon him) statement is that, despite practicing coitus interruptus, sperm may reach the womb and conception may occur without one’s knowledge.
Coitus interruptus was being discussed in the assembly of Umar al-Faruq (may Allah be pleased with him). Someone said, “People consider it a minor form of secret infanticide.” Hearing this, Ali (may Allah be pleased with him) said: “It may be called burying a girl alive, that is, killing a child, only when the embryo has passed through seven stages: the extract of earth becomes sperm, then it becomes congealed blood, then a lump of flesh, after which the bones and marrow develop, and flesh grows over them. Only after passing through these stages does it acquire human form.” Umar (may Allah be pleased with him) said, “You have spoken correctly. May Allah grant you long life.”
When Is Family Planning Permissible?
Adopting family-planning methods may be permissible only for a few specific needs. One such need arises when illness or complications during childbirth threaten the mother’s life or health; in that case, this method may be adopted. The nature of such a complication or threat may be known through experience, or it may be confirmed by a trustworthy and reliable physician. Allah Himself has said: (Arabic text)
Do not cast yourselves into destruction with your own hands.
He said: (Arabic text)
Do not kill yourselves. Surely Allah is Most Merciful to you.
The second basis is the fear of falling into material difficulty, problems, uncertainty, and helplessness, such that religious difficulties may arise. As a result, because of having children, a person may resort to unlawful things and become involved in prohibited acts. Allah has said: (Arabic text)
Allah desires ease for you; He does not desire hardship for you. (Surah al-Baqarah: 185)
(Arabic text)
Allah does not desire to impose hardship or difficulty upon you.
The third is the fear that the children’s health may be harmed or that one may fail to provide for their proper upbringing and training. A relevant hadith is: (Arabic text)
It is narrated from Usama ibn Zayd that a man came to the Messenger of Allah and said, “O Messenger of Allah, I practice coitus interruptus with my wife.” He asked, “Why do you do that?” He replied, “I am concerned about her breasts.” The Prophet (peace be upon him) said, “If the fear of harm were truly valid, the Persians and Romans would have suffered harm.”
The meaning of this is that, according to the Prophet (peace be upon him), when individuals practiced this privately, it was not harmful to the Ummah as a whole. The strongest proof that it was not harmful is that the Persian and Roman peoples at that time possessed powerful governments and state systems, yet they suffered no harm because of this practice.
Another need may be mentioned from the perspective of the Shariah. If the mother of a nursing child becomes pregnant again, this may harm the child. For her milk may dry up, causing the child to become weak.
The Prophet (peace be upon him) guided the Ummah toward actions that were collectively beneficial. He instructed them to avoid all actions that might harm the Ummah. The Prophet’s (peace be upon him) statement in this regard is: (Arabic text)
Do not secretly destroy your children, for intercourse while a child is nursing may harm the child.
But the Prophet (peace be upon him) did not forbid this practice on the grounds that it was haram. For, during his time, people of other nations adopted this method, yet they suffered no harm from it. If intercourse during the period of breastfeeding had been categorically prohibited because of this, their husbands would have found it difficult. The period of breastfeeding continues for up to two years. Considering all these matters, the Prophet (peace be upon him) said: (Arabic text)
I intended to prohibit intercourse with the mothers of nursing children. But I learned that the Persians and Romans practiced it, and it did not harm their children.
Allama Ibn al-Qayyim offered an analysis to reconcile the two hadiths cited above. He said:
Two considerations were before the Prophet (peace be upon him). One was the possibility that intercourse with a nursing child’s mother in the child’s presence might harm the child. Although that harm would not amount to killing or destruction, he prohibited it because of the possibility of harm. However, it was not declared haram; rather, he later sought to discourage it as a preventive measure. But another consideration also became apparent to him: if intercourse during the breastfeeding period were prohibited, the resulting hardship and adverse consequences could not be prevented by such a prohibition. In particular, there was a strong fear that young men and those with powerful sexual urges would fall into grave disorder. He therefore held that preserving this benefit was far more important and deserved priority over the harm caused by preventive prohibition. He also had before him the practice of the two great established nations of that age. They had not abandoned this practice. For all these reasons, he did not prohibit it.
In modern times, many new methods and means of contraception have been invented. [It should be remembered that the author is discussing family planning here, not birth control or sterilization. Therefore, family planning using modern methods, or sterilization, cannot be declared permissible. Sterilization is fundamentally the crime of altering Allah’s creation. There is no doubt that it is sinful and haram, and that it constitutes the clear killing of children prohibited by Allah. However, the case of someone driven to an extreme necessity is separate.—Translator]
By applying and using it, it is possible to preserve the beneficial aspect, which is what the Messenger of Allah (peace be upon him) sought: protecting the nursing child from harm. He also sought to protect the Ummah from the danger that might result from prohibiting intercourse during breastfeeding.
In light of this discussion, Ibn Hanbal considers coitus interruptus permissible, provided that it is practiced with the wife’s consent. For she has a right both to the pleasure and satisfaction of intercourse and to having children. Umar (may Allah be pleased with him) prohibited practicing coitus interruptus without the wife’s consent.
This makes Islam’s distinctive perspective clear. The Prophet (peace be upon him) emphasized women’s rights at a time when the people of the world were entirely unfamiliar with the concept of women’s rights.
Abortion
Islam has permitted the use of contraceptive measures precisely when a pressing need for them arises. Nevertheless, once conception has occurred, harming the fetus is not permissible under any circumstances.
Jurists unanimously agree that, after life has entered the fetus, aborting it is completely haram and a crime. No Muslim may regard this act as permissible, for it is inhuman oppression against a living and complete being. For this reason, the jurists have said that if, during an abortion, the fetus is born alive and then dies, blood money must be paid. If the fetus is stillborn, a fine must be paid, though its amount is less than the blood money. However, they say that if it is reliably established that saving the fetus will result in the mother’s death and that there is no other way to save her life besides abortion, then abortion becomes necessary. The general rule of the Shariah is that, when faced with two harmful matters, the mother’s life must not be endangered in order to save the fetus. The mother’s life is the fundamental one, and her right takes precedence. Therefore, sacrificing the mother’s life to preserve the fetus’s life can in no way be desirable.
Imam al-Ghazali said:
A distinction must be made between contraception and abortion. Contraception is not equivalent to killing a child. Killing a child may be said to occur only after the child has come into existence in the womb. The child’s existence in the womb passes through several stages. The first stage is the sperm’s settling in the uterus and becoming capable of receiving life. Destroying it in this state is sinful. Once the spirit has been breathed into it and it has become sound and fully formed, destroying it is an even greater sin. The greatest degree of sin is killing the child after birth.
(But how could Imam al-Ghazali forget that destroying sperm is also certainly sinful, and that permitting it could completely frustrate Allah’s will to create human beings in the world, which can never be permissible? That very method is now being invented and widely practiced. In reality, the sperm emitted from a man’s body is the man’s child, and the Majestic Qur’an repeatedly forbids killing it. If it is done out of fear of food shortages, then this haram act becomes even more serious.)—Translator.
The Social Rights of Husband and Wife
Marriage is an organized bond and a firm pledge. Allah Most High established this institution precisely to create a strong bond between man and woman. After marriage, each becomes the other’s partner. Though distinct in personality, in reality they are counterparts to one another. Each is the other’s trustee. Each person’s desires, wishes, hopes, and aspirations are interconnected and joined with those of the other.
To convey the ultimate strength and inseparability of this relationship between husband and wife, the Majestic Qur’an says: (Arabic text)
Your wives are garments for you, and you are garments for them.
The essential message of this verse is that husband and wife should be closely bound to each other, conceal each other’s privacy, support and assist one another, and be a source of beauty for one another. In other words, each has rights over the other. Those rights must be fully fulfilled. These rights are entirely equal, apart from the particular rights granted to men in accordance with their nature; this is clear from Allah’s words. He says: (Arabic text)
Women have rights similar to the rights held against them, according to what is recognized and customary. However, men have a degree of precedence over them.
That degree of precedence consists in being responsible for directing, supervising, and being accountable. A man asked the Prophet (peace be upon him), “What rights do our wives have over us?” He replied: (Arabic text)
You shall feed them as you feed yourselves and clothe them as you clothe yourselves. Do not strike them on the face, insult them with vile or obscene abuse, or abandon them anywhere other than in their homes. (Abu Dawud, Ibn Hibban)
Therefore, no Muslim may show negligence or disregard regarding the maintenance and support of his wife. It is stated in a hadith: (Arabic text)
It is sufficient sin for a man that he utterly neglect those whose maintenance has been entrusted to him. (Abu Dawud, al-Nasa’i, Hafem)
Islam has granted no permission to strike a wife on the face, for this is contrary to human honor and dignity. It injures and degrades the body’s most honored and dignified part—the part in which all the body’s beauty is concentrated. In the case of a disobedient and rebellious wife, she may sometimes be struck lightly when necessary for her proper instruction and reform. But it is absolutely impermissible to hurt her or strike her in a way that wounds and disfigures her face. It is also impermissible to abuse one’s wife verbally. Causing her emotional pain, saying unbearable things to her, or even praying for misfortune to befall her, and similar acts, are all completely impermissible.
The following hadith is relevant concerning a husband’s rights over his wife. The Prophet (peace be upon him) said: (Arabic text)
A woman who believes in Allah may not permit anyone whom her husband dislikes to enter her husband’s home. Nor may she go outside the home without her husband’s permission. She should not obey anyone else in this matter, nor is it desirable for her to distance herself from her husband’s bed. If her husband is oppressive, she should strive as far as possible to please him. If her husband accepts this service, that is good. Allah will accept her excuse and make clear that she is in the right. If her husband does not accept it, her excuse of inability will reach Allah.
Mutual Patience Between Husband and Wife
Every Muslim husband has a duty to be patient with regard to his wife, especially when he notices something in her that he dislikes. It is his definite duty to become accustomed to tolerating the faults that naturally exist in human beings and the weaknesses associated with womanhood. Similarly, he should focus more on her virtues than her faults and on her good qualities rather than her shortcomings. It is stated in a hadith: (Arabic text)
No believing man should hate a believing woman. If he dislikes one quality in her, he will surely find other qualities that he likes. (Muslim)
And Allah Most High has said: (Arabic text)
Live with your wives honorably and treat them well. If you dislike them, it may be that Allah has placed much good and blessing in them.
Just as Islam instructs a husband to be patient and exceedingly tolerant of matters he dislikes in his wife, it likewise instructs wives to strive as much as possible to keep their husbands pleased and not to spend the night while their husbands are displeased with them. It is stated in a hadith: (Arabic text)
The prayer of three people does not rise even a handspan above their heads. One is a man who leads people in prayer while they dislike him. The second is a woman who spends the night while her husband is displeased with her. The third is two brothers who are engaged in fighting and quarrelling with each other. (Ibn Majah, Ibn Hibban)
When a Dispute Arises Between Husband and Wife
The man is the head, director, and controller of the home and family. He was created for this purpose, and because he possesses the necessary capacity, he has been given this position of honor in the struggle of life; he has also been placed in this position because he is responsible for paying the dower and bearing the expenses. Therefore, a wife has no right to disobey him, act contrary to his instructions, rebel against him, or overstep him. If this occurs, the relationship between them is bound to deteriorate severely. The household vessel will be tossed about, and in the absence of a true helmsman it may even sink completely.
When a husband observes that his wife is disobeying him and asserting herself against him, he must make every possible effort to reform her through good advice and rational, heartfelt conversation. If advice is ineffective, he should avoid and forsake her in bed, so that her feminine feelings may awaken and she may ultimately submit and become obedient.
If this measure is ineffective, he may strike her. But this does not mean that severe beating, oppression, or blows to the face are ever permissible; these must be completely avoided. For some women, light striking may prove beneficial and revitalizing. Striking does not mean hitting with a whip, rod, or stick. A clear indication of this is found in a statement of the Prophet (peace be upon him). One of his servants had angered him over a particular matter. He then said: (Arabic text)
If there were no provision for retaliation on the Day of Resurrection, I would strike you with this miswak. (Tabaqat of Ibn Sa‘d)
The Messenger of Allah (peace be upon him) did not approve of beating at all. He said: (Arabic text)
Why does one of you beat his wife as a master beats his slave, and then perhaps have intercourse with her that very night? (Musnad Ahmad)
Regarding those who beat women, the Prophet (peace be upon him) said: (Arabic text)
A person of this kind can never be regarded as a good person among you.
Hafiz Ibn Hajar wrote:
The Prophet’s (peace be upon him) statement that the best among you never beat their wives indicates that striking one’s wife is, in principle, permissible. However, the proper time for it is when a husband finds disobedience in his wife concerning a matter in which she is obliged to obey him. In such a situation, he may strike her in order to compel obedience. But if the matter can be resolved through reprimand, warning, or intimidation, then beating must certainly be avoided, for it intensifies the wife’s hatred toward her husband and conflicts with a harmonious married life. Yet harmony is the true objective of married life. If she must be struck for an act involving disobedience to Allah, that is a separate matter.
Aisha (may Allah be pleased with her) narrated in al-Nasa’i: (Arabic text)
The Messenger of Allah (peace be upon him) never struck any of his wives or servants. He never raised his hand to strike anyone else either. However, if he punished someone for Allah’s sake because of an offense against Allah’s cause or the sanctity of Allah, that was an entirely separate matter. (Fath al-Bari, vol. 9, p. 249)
But if these measures also fail and prove ineffective, and there is a fear that the mutual dispute and discord may spread and become deeper, then influential, authoritative, and well-meaning people in the Islamic society should intervene and try to bring about reconciliation. The method is to appoint one arbitrator from the husband’s side and one from the wife’s side, both of whom genuinely seek the welfare of the couple. They should try to reconcile the husband and wife and remove the dispute that has arisen; then Allah will surely create harmony between them. The declaration of Almighty Allah concerning this matter is: (Arabic text)
As for those women from whom you fear rebellion and disobedience, admonish them, abandon them in their beds, and strike them. Then, if they obey you, do not seek a means against them. Surely Allah is Most High and Most Great. If you fear a breach between the two of them, appoint one arbiter from his family and one from hers. If they genuinely seek reconciliation, Allah will bring harmony between them. Surely Allah is All-Knowing and All-Aware.
Only in Such Circumstances May Divorce Be Given
Only after all the efforts mentioned and analyzed above have failed may the husband, as a last resort and out of necessity, be permitted to adopt the method prescribed by Islamic Shariah so that all problems and complications may be removed—and that is divorce. Islam has permitted this method only with great reluctance and displeasure. It is neither a preferred act nor obligatory or obligatory-duty. The Noble Prophet (peace be upon him) said: (Arabic****************)
Among the lawful acts, the most hateful and disliked by Allah is divorce.
(Arabic****************)
Allah has not made lawful any act more disliked than divorce.
That divorce is lawful yet disliked becomes clear from the fact that divorce is a permission to be used only in severe necessity and when no alternative remains. When family life becomes unworkable and disrupted, when hatred and hostility between husband and wife become intense, when they can no longer remain within the limits prescribed by Allah or fulfill each other’s marital rights, there is no option but to adopt this method. When there is no way to achieve harmony, separation is better—this is a common saying. Allah has said: (Arabic****************)
If the two separate from each other, Allah will make both of them independent and free from need of each other through His vast bounty.
The Practice of Divorce Before Islam
Divorce is not a system introduced only by Islam. Before Islam, divorce was widely practiced throughout the world, though there were exceptions among one or two nations. When a husband became angry with his wife—whether for a reasonable or unreasonable reason—he would expel her from the house. The wife could neither say nor do anything in her own defense or support. Nor could she obtain any compensation from her husband; no other kind of right was recognized either. During the age of Greek fame and supremacy, when the banners of their civilization flew proudly, divorce in their society was also practiced without any condition or restriction. In Roman society, divorce was deemed to have taken place as soon as the marriage was performed. Even if the husband and wife stipulated that they would not divorce, the judge would rule that the marriage was annulled.
According to the ancient Roman tribes, divorce in a religious marriage was forbidden. However, the husband had unlimited authority over his wife. In some circumstances, he was even permitted to kill her. Later, their religion declared divorce lawful, just like civil law.
Divorce in Judaism
Although Judaism sought to improve women’s honor and status, it declared divorce lawful and gave its lawfulness extremely broad scope. Once the wife’s guilt was proven, the husband became religiously obliged to divorce her. Even if he forgave her sin, divorcing her became an essential duty for him. If, after ten years, the wife still did not give birth to a child, divorce was considered necessary by law.
Divorce in Christianity
Christianity has completely opposed divorce. In this respect, it opposed Judaism. The Gospel, in the name of Jesus, declared divorce entirely forbidden. Moreover, it also prohibited the marriage of the man who divorced and the divorced woman. The Gospel according to Matthew says:
And it was said, ‘Whoever divorces his wife, let him give her a certificate of dismissal (divorce document). But I say to you, whoever divorces his wife for any reason other than adultery makes her an adulteress, and whoever marries that divorced woman commits adultery. (Matthew, chapter 5, verses 31–32)
The Gospel according to Mark says:
Whoever divorces his wife and marries me commits adultery against her, and if she divorces her husband and marries another, she too commits adultery.
The Bible gives the following reason for this prohibition:
What God has joined together, let no human separate. (Matthew, chapter 19, verse 6)
This statement is intrinsically true and correct. But applying it to declaring divorce forbidden is very astonishing. The simple and straightforward meaning of Allah joining husband and wife is that He permitted marriage. If He has also permitted marriage to be dissolved through divorce, then this separation must likewise be regarded as occurring by Allah’s command—even though the act of separation is carried out by a human being. This makes clear that the One who separates those whom Allah has joined is not man, but Allah Himself.
Is it not Allah who separates the two when adultery occurs? Is there any other reason for separation besides adultery?
The Christian View Differing on Divorce
Although the Gospel does not call divorcing a wife in the event of adultery forbidden, but exempts it from the prohibition, Catholicism has explained this exception. They say that in reality there is no exception here at all. There is no opportunity for divorce anywhere. Christianity recognizes no existence of divorce. Rather, the correct meaning of divorce on account of adultery is that adultery itself breaks the marriage bond. For this reason, when adultery occurs, it is the husband’s duty to leave his wife.
The Protestant denomination gave a completely opposite ruling. Its followers consider divorce permissible in certain circumstances, such as the wife’s adultery or the husband’s betrayal of trust. Their view, however, goes beyond the principle stated in Matthew’s Gospel. Yet in such circumstances the Gospel declares it forbidden for the divorced man and the divorced woman to marry again.
At their religious council held in Egypt, followers of the Orthodox denomination declared divorce permissible on account of a wife’s adultery and other reasons. These included the wife’s remaining barren continuously for three years, contagious disease, and prolonged quarrels and disputes for which there was no hope of reconciliation. But these reasons go beyond the declaration of the Gospel. For this reason, the guardians of this denomination could not accept the view that divorce was permissible for such reasons. Consequently, a Christian court in Egypt rejected a Christian woman’s petition for divorce submitted on the grounds of her husband’s poverty. It also remarked that it was extremely astonishing that some religious leaders and members of this council had declared divorce permissible on grounds for which there was no authority whatsoever in the Gospel.
The Consequences of the Christian Position on Divorce
The controls and restrictions introduced by Christianity concerning divorce produced very bad consequences. The followers of Christianity began to deny their own religion. They separated those whom Allah had joined. Christian Western society enacted civil codes that made it completely lawful to evade these restrictions. In America and several other countries, divorce was made unrestricted and entirely voluntary. In effect, they challenged the Gospel itself. As a result, people began to use the weapon of divorce for ordinary reasons. When its ultimate consequence was extreme disruption in married life and the family system, thoughtful people in that society began asking: Where are we going? A distinguished judge in divorce cases was forced to say that it would not be long before married and family life disappeared from their country. Thereafter, complete anarchy and unrestricted sexual relations between men and women would prevail. Married life has now taken on the character of a business company. Its two partners may break their mutual contract and separate for any very ordinary and insignificant reason. This condition is compatible with no religion in the world and accords with none of them, because no religious faith can now keep them joined. Mere sexual pleasure became the sole basis of relations between men and women.
The Distinctive Role of Christianity in the Matter of Divorce
No example of transforming family law into civil law while excluding religious teachings can be found anywhere except in the Christian West. Only Christians made the religious teaching in this matter appear harmful. A powerful reason lay behind this: they themselves had come to believe that their religion’s regulations concerning divorce were contrary to reality and incompatible with human nature. Therefore, their application in human life was inappropriate. (Arabic****************)
The Temporary Nature of Christian Teaching
Even if everything stated in the Gospel concerning divorce is correct and sound, and even if no alteration was made to it in the early period, it is nevertheless clear that Jesus did not leave any permanent, everlasting, eternal law. It is not to be followed and accepted by all people for all time. The Jews had exceeded the limits regarding the facilities and permissions granted by Allah. Their excess in the matter of divorce was particularly conspicuous. Jesus merely wished to oppose it. The Gospel written by Matthew quotes the following: When the Pharisees wished to test Jesus, they asked him:
Is it lawful to divorce one’s wife for any reason? He answered, Have you not read that the Creator made them male and female in the beginning and said: Therefore a man shall leave his father and mother and cleave to his wife, and the two shall become one flesh? Thus they are no longer two, but one flesh. Therefore, what God has joined together, let no human separate. They said to him, Then why did Moses command that a certificate of dismissal be given and the wife be divorced? He said to them, Because of the hardness of your hearts Moses permitted you to divorce your wives, but it was not so from the beginning. And I say to you, whoever divorces his wife and marries another, except on account of adultery, commits adultery; and whoever marries the divorced woman also commits adultery. (The Gospel according to Matthew, chapter 19, verses 3–9)
It thus becomes clear that when the Jews went to excess regarding the divorce permitted by Moses, the Messiah made divorce forbidden for them as a punishment. Divorce remained only for the adulteress. This was a temporary measure, lasting only until the coming of Muhammad (peace be upon him) and the establishment of the comprehensive, eternal and everlasting Shariah.
It is not reasonable to say that Jesus the Messiah intended to present this ruling on divorce as an eternal Shariah. For his companions, the apostles and disciples, themselves declared this ruling unworkable. They said: If a man’s relationship with his wife is like this, it is better not to marry. (Matthew, chapter 19, verse 10)
For in such a situation, marrying would mean tying around one’s own neck a rope from which release would never be possible—no matter how hateful and hostile the man’s heart might become toward his wife, no matter how displeased he might be with her, and no matter how great the differences in their natures, temperaments, inclinations and tendencies.
Islamic Restrictions on Divorce
Islam has imposed various conditions and restrictions concerning divorce, making this field extremely narrow. In Islam, divorcing without using the means mentioned above and without a reason is entirely forbidden and prohibited. For doing so inevitably causes great harm and difficulty not only to the wife but also to the husband. It is contrary to his own welfare as well. Therefore, divorcing one’s wife in such circumstances is as forbidden as destroying wealth and property. The Noble Prophet (peace be upon him) said: (Arabic****************)
Neither harm yourself nor harm another, nor allow harm to be done.
In light of this hadith too, divorcing without a reason and needlessly is not permissible.
Allah and the Messenger do not approve of those who divorce excessively out of sheer indulgence. The Noble Prophet (peace be upon him) said: (Arabic****************)
I do not approve of a man or woman who goes about tasting one pleasure after another.
Hazrat Abdullah ibn Abbas (may Allah be pleased with him) said: (Arabic****************)
Divorce has been prescribed only because of necessity.
Divorce During Menstruation Is Forbidden
When the need for divorce arises, it is not permissible to divorce at just any time. It is necessary to wait for the appropriate time. In the view of Shariah, the appropriate time is when the wife is in a state of purity—that is, when she is not menstruating or experiencing postnatal bleeding, and when the husband has not had intercourse with her during that state of purity. If the wife is pregnant and her pregnancy has become apparent, that is a different matter.
This condition was imposed because during menstruation or postnatal bleeding the husband remains apart from his wife, and she is compelled to abstain from intercourse. In such a state, the husband may feel displeased or angry with her, and for this reason may be inclined to divorce her. Because of this possibility, he has been instructed to wait until his wife is completely pure before divorcing her, and then to divorce her after purification but before intercourse.
Just as divorcing one’s wife during menstruation is forbidden, so too is divorcing her during a state of purity in which intercourse has taken place. For if the husband knew that his wife had become pregnant, he might not divorce her at all. It is not unusual for him to decide not to divorce her because of the pregnancy.
But when the wife is pure and the husband has not had intercourse with her, or when she is pregnant and her pregnancy is becoming apparent, divorcing her means that his hatred toward her has become intense. Therefore, divorce is permitted in such a situation.
Hazrat Abdullah ibn Umar (may Allah be pleased with him) divorced his wife during menstruation during the lifetime of the Noble Prophet. Hazrat Umar (may Allah be pleased with him) asked the Noble Prophet (peace be upon him) about it, and he said: (Arabic****************)
Tell him to take his wife back. Then, when she is pure, if he wishes, he may divorce her before having intercourse with her.
This is divorce in accordance with the waiting period. Allah Most High has said the same in the following verse: (Arabic****************)
O Prophet! When you divorce women, divorce them with a view to their observing the waiting period.
It means divorcing during ‘tuhr’—the wife’s state of purity.
In another hadith, the Messenger’s statement is quoted in these words: (Arabic****************)
Tell him to take his wife back. Then let him divorce her when she is pure or pregnant.
Here, however, a question arises: if a woman is divorced during menstruation, does the divorce take effect? It is commonly known that whenever divorce is pronounced, it takes effect. But if it is pronounced at an improper time, the one pronouncing it is sinful.
Some jurists have said that a divorce pronounced at an improper time does not take effect, because Allah Most High did not prescribe this kind of divorce or grant permission for it. For this reason, such divorce is not sanctioned by Shariah. How, then, can it be called valid, and how can it take effect?
Hazrat Ibn Umar (may Allah be pleased with him) was asked: (Arabic****************)
What is your opinion concerning a man who divorced his wife during menstruation? In reply, he told the questioner the story of divorcing his own wife during menstruation and said that the Noble Prophet (peace be upon him) revoked that divorce and did not count it as a divorce.
It Is Forbidden to Swear by Divorce
It is not permissible to make ‘divorce’ into an oath—that is, to say that if a certain act is done or not done, ‘divorce will take place.’ Threatening one’s wife by saying, ‘If you do this, you are divorced,’ is completely impermissible. For in Islam an oath has a specific wording and expression; an oath is not established through any other language or expression, nor has Islam permitted this.
It is to swear by the name of Allah. The Noble Messenger (peace be upon him) said: (Arabic****************)
Whoever swears by anything other than Allah’s name commits shirk.
(Arabic****************)
Whoever takes an oath should swear by Allah’s name; otherwise, let him remain silent.
The Divorced Woman Shall Observe Her Waiting Period in Her Husband’s Home
According to Islamic Shariah, it is the duty of a divorced wife to observe her waiting period in her husband’s home—to complete the waiting period there. It is forbidden for her to leave that home and go elsewhere or to go outside. It is also forbidden for the husband to expel her from his home during the waiting period. For during this period the husband may take his wife back if he has pronounced one or two divorces. If she remains in the home near her husband in such a situation, she may have the opportunity to remove his anger or displeasure. The husband too will have the opportunity to reconsider the matter.
The command to observe the waiting period has been given to ensure certainty that the womb is clear—that there is no child in it—to emphasize the husband’s rights and to safeguard her status as his wife. The human mind is changeable. As circumstances change, a person’s mental state also changes, and he thinks from a new perspective. It is not at all unusual for anger and displeasure to disappear and satisfaction and harmony to arise in their place. A person carried away by emotion begins to think with a calm mind and temperament. As a result, he may come to like the one he disliked. The significance of requiring a divorced woman to observe her waiting period in her husband’s home is very broad and profound.
Allah Most High has said concerning divorced women: (Arabic****************)
Fear Allah, your Lord. Do not expel them from their homes, nor should they leave. Whoever transgresses the limits set by Allah has surely wronged himself. You do not know; perhaps Allah will bring about a new situation after this.
But if separation between husband and wife becomes unavoidable, then the two should separate from each other properly and according to customary practice.
She must not be harmed in any way, false accusations or blame must not be made, and no one’s rights may be taken away. Allah has said: (Arabic****************)
Then retain them honorably or separate from them honorably.
He said: (Arabic****************)
Divorced wives must be given some provision according to customary practice. This is their right and a duty upon the God-fearing.
One Divorce Followed by Another
Islam has laid down the rule that a Muslim should not give his wife three divorces at once, but should pronounce them separately. The rule is that during a tuhr—a state of purity—in which he has not had intercourse with his wife, he should pronounce one divorce and then leave her in that state. By remaining in this condition, her waiting period will come to an end. If, during the waiting period, the husband decides to retain her, he can easily take her back. But if he does not take her back and the waiting period ends in this state, he can still regain her later through a new marriage. If the husband feels no need to retain her, the wife may then accept another husband.
If, after the first divorce, the husband takes her back as his wife, but later their relationship deteriorates again and every avenue for reconciliation becomes closed, he may pronounce divorce a second time. Under the method described here, the husband still retains the right either to take her back during the waiting period or, after the waiting period ends, to take her as his wife through a new marriage contract.
But if, after taking her back a second time, he divorces her a third time, it will be conclusively established that hatred and hostility between the two have become so intense that there is no hope of reconciliation. In such a situation, after this third divorce, the husband cannot take his wife back. She is not lawful for him thereafter until she has married another husband and lived with him. That marriage must be valid and in accordance with Shariah. Marriage itself must be the objective; it will not suffice to marry solely with the intention of making her lawful for the former husband.
This is the Shariah-sanctioned rule and method for giving divorce. If anyone, instead of following this method, gives three divorces one after another at the same time, or gives three divorces in a single statement, that will be completely contrary to the rule and method prescribed by the Shariah. Such a person has abandoned the path of guidance and adopted the path of misguidance; he has lost the Straight Path. It is stated in an authentic hadith that the Messenger (peace be upon him) learned that a man had given his wife three divorces all at once. He stood up in anger and said: (Arabic******************)
Is this man playing with the Book of Allah while I am present among you? At that moment, a man stood up and said, “O Messenger! Should I not kill such a person?” (Nasa’i)
When a husband divorces his wife and the prescribed period of ‘iddah comes to an end, it is his duty to do one of two things:
Either he should retain her honorably and according to accepted custom—that is, take her back as his wife with good conduct and treatment, intending to reform her, without any intention of fighting, quarreling, or causing her needless pain.
Or he should separate from her honorably and according to accepted custom—that is, leave her until the ‘iddah ends. Then, without causing her any harm, and after fully granting her all her rights without any stinginess, he should let her go.
It is not at all permissible for a husband, after the ‘iddah has ended, to take her back with the intention of hurting and harassing her and prolonging her ‘iddah, thereby preventing her from marrying another husband for a long time.
People used to behave in this manner during the Age of Ignorance. But Allah Most High has forbidden causing wives pain in this way. He expressed this prohibition in a deeply moving manner: (Arabic******************)
When you divorce women and they have reached the end of their ‘iddah, then either retain them honorably or release them honorably. Do not hold them back intending to harm them, for then you would transgress. Whoever does this wrongs only himself. Do not make Allah’s revelations an object of ridicule and mockery. Remember Allah’s favor upon you, and remember the Book and Wisdom He has sent down for you. He admonishes you thereby. Fear Allah and know that Allah is fully aware of all things. (Surah al-Baqarah: 231)
If we read these verses with deep concentration, we can understand that they contain seven phrases, with warning after warning and admonition after admonition. They contain advice and exhortation. Allah’s blessings are recalled. Alongside these there are repeated messages of fear. Indeed, these verses are extremely valuable for anyone who has a heart, is prepared to reflect attentively, and possesses an alert perception.
Do not prevent a divorced woman from marrying as she wishes
When the ‘iddah of a divorced woman has ended, she must not be prevented from marrying anyone she wishes and chooses. Neither her former husband, her guardian, nor anyone else has the right to do this. If a marriage proceeds according to the Shariah and accepted custom, on the basis of a proposal and the consent of her family, no one has the right to object to it. Some men, even after divorcing their wives, continue trying to retain authority over them and exert influence. They threaten them regarding other men and warn them that marrying such a man will not end well. This is nothing but extreme ignorance, barbarism, and the character of the Age of Ignorance.
Similarly, if a wife wishes to marry her former husband again and both agree and decide to do so honorably and according to accepted custom, then neither her guardian nor anyone else in the household is permitted to obstruct it. Allah has said: Reconciliation is best.
He said: (Arabic******************)
When you divorce your wives and they complete their ‘iddah, do not prevent them from marrying their future husbands if they mutually agree to marry according to accepted custom, nor create difficulties for them. This is an admonition for those among you who believe in Allah and the Hereafter. This is purer, cleaner, and more wholesome for you. Allah knows, and you do not know. (Surah al-Baqarah: 232)
The rights of a wife who dislikes her husband
If a wife dislikes and detests her husband and does not think she can live with him in harmony and run a household together, she may purchase her freedom and release by offering compensation. She has the right to return everything—or whatever amount both parties agree upon—that her husband gave her as dower, gifts, or presents, and thereby free herself from the bond of marriage. However, she should not accept more than what the husband spent on her. Allah Himself has said: (Arabic******************)
If you fear that the two of them will not be able to observe Allah’s limits, then there is no sin upon either of them if she gives compensation to obtain separation. (Surah al-Baqarah: 229)
The wife of Hazrat Thabit ibn Qays came to the Messenger (peace be upon him) and said, “O Messenger! I do not criticize or accuse my husband, Thabit ibn Qays, regarding his character or religious commitment. But in fact, I do not like him.” The Prophet (peace be upon him) asked, “What did he give you?” She replied, “A garden.” When he asked whether he was willing to return the garden in exchange for divorce, he said, “Yes.” Then the Prophet (peace be upon him) said to Thabit: (Arabic******************)
Take back the garden and divorce her.
At this point, it is essential to remember that a wife should not hasten to seek divorce when there is truly no reason on the husband’s part. The Prophet (peace be upon him) said: (Arabic******************)
For any woman who asks her husband for divorce without a reason, even the fragrance of Paradise will be forbidden.
It is forbidden to torment one’s wife
It is completely forbidden for a husband to hurt his wife in order to make her return whatever he gave her, or to torment and harass her for that purpose. However, if she commits an openly indecent act, that is a separate matter. Concerning this, Allah Most High has said: (Arabic******************)
Do not hurt them in order to take back any part of what you have given your wives. But if they commit an openly indecent act, that is a separate matter. (Surah al-Nisa’: 19)
If the wife herself is disliked by the husband and he wishes to divorce her and marry someone else, then it is not permissible to take anything back from the wife. Allah Most High has said: (Arabic******************)
If you intend to replace one wife with another, and you have given one of them a great amount of wealth, you must not take any of it back. Would you take it back through slander and manifest wrongdoing? And how could you take it back when you have enjoyed intimacy with one another and they have taken from you a firm and solemn covenant?
It is forbidden to swear an oath to abandon one’s wife
Islam has placed special emphasis on fulfilling women’s rights. A vivid proof of this is that Islam has declared it entirely forbidden for a husband, in anger, to swear to abandon his wife in bed for such a long period that it would be extremely difficult for her to endure. If a husband swears an oath to stay apart from his wife, he is granted only four months. During this period, it may be hoped that his anger will cool, and he may change his mind. If he resumes relations with his wife before the four months have elapsed, Allah will forgive the sin he incurred on account of this and open His vast door of mercy to him. He must then offer expiation for this oath. But if, after this period has passed, he does not change his mind or break his oath, his wife will become separated from him. There is no doubt that this is the proper punishment for neglecting to fulfill the wife’s rights.
According to some jurists, divorce takes effect as soon as the aforementioned period expires. There is no need to await any judgment from a qadi or administrator.
Other jurists believe that once the period expires, the matter must be presented to the administrator. The administrator will give him the choice of adopting either of two courses: he may reconsider of his own will and retain his wife, or he may divorce her. He may choose whichever of the two he considers better.
In Shariah terminology, this oath not to approach one’s wife is called ‘ila. Concerning it, Allah Most High has said: (Arabic******************)
For those who swear to abstain from their wives, there is a waiting period of four months. If they reconcile, then Allah is Forgiving and Merciful. But if they resolve to divorce, then Allah is All-Hearing, All-Knowing! (Surah al-Baqarah: 226–227)
Four months have been allowed so that the husband may have a full opportunity to reconsider and act with wisdom and judgment. On the other hand, a wife without her husband can, at most, endure this period with patience.
Exegetes mention an incident involving Hazrat Umar at this point.
One night, while he was walking through the streets and alleys of Madinah to observe conditions, he heard a woman’s voice. Her husband had gone to a distant land for jihad. Overcome by separation from her husband, the woman was singing in a sorrowful voice.
The night has grown long, and darkness has enveloped everything.
And what makes me weep is that
my beloved is not with me, with whom I could
play.
By Allah, if I did not fear Allah’s punishment,
then
the arms of this bed would be moving
even now.
After hearing the woman’s lament, Hazrat Umar (may Allah be pleased with him) asked his daughter, Hazrat Hafsah (may Allah be pleased with her), “How long can a woman endure separation from her husband?” She replied, “Four months.” Then the Commander of the Believers issued an order that no man should be kept separated from his wife for more than four months.
The relationship between parents and children
Preservation of lineage
A child is the father’s secret essence, the bearer and transmitter of his characteristics. In life, the coolness of his eyes; after his death, the preserver of the continuity of his existence. A symbol of his memory. The heir to his good and bad qualities and distinctive traits; a piece of his heart, a beauty residing in the deepest recesses of his heart.
For this reason Allah has forbidden fornication and adultery and made marriage obligatory, so that lineage may be preserved and the semen of different people may not become mixed. A child should be able to know his father, and the father should be able to know his children. Through marriage, a woman becomes designated and protected for a particular man. Betraying her husband becomes forbidden for her. A child born in the home of a husband and wife after their marriage is recognized as the offspring of her husband. No separate proof is needed to establish this relationship. The father need not make a declaration, nor does the mother need to claim, “So-and-so is the father of my child.” For the Prophet (peace be upon him) said: (Arabic******************)
The child belongs to the one whose bed he was born in.
It is not permissible to deny the paternity of one’s own child
For these reasons, a husband cannot deny the paternity of a child whom his properly married wife has borne in his bed. It is not permissible for him to do so. Such denial is extremely shameful and harmful to both his wife and the child. Therefore, if, based merely on baseless suspicion, doubt, or supposedly undeniable signs from hearsay, the husband becomes firmly convinced that his wife has betrayed him, Islamic Shariah does not wish to place responsibility for raising the child on someone who does not acknowledge the child as his own offspring. Nor is it a rule of the Shariah to forcibly make this child his heir.
In short, Islamic Shariah does not favor leaving a husband in doubt and suspicion for his entire life. The method Islam has presented for escaping this difficulty is termed ‘li‘an’ (Arabic******************). Thus, if a man has a firm conviction or strong belief regarding his wife that she has defiled his bed by accepting the semen of another man and has conceived in her womb a child fathered by another man, but he cannot produce witnesses to establish the truth of the matter, it is his duty to present the matter. The judge will conduct li‘an between them. This is stated in Surah al-Nur in these words: (Arabic******************)
Those who accuse their wives of adultery and have no witnesses except themselves shall testify by swearing four times by Allah that they are truthful in their accusation. The fifth time they shall say that Allah’s curse be upon them if they are lying. The woman can avert the punishment by swearing four times by Allah that the man is lying, and the fifth time saying that Allah’s curse be upon her if the man is truthful in his accusation.
After that, the two of them will be separated forever, and the child will be affiliated with the mother.
It is forbidden to take an adopted son
Just as a father has no right to deny the paternity of his biological child, likewise he has no right to make a child who is not his biological offspring his own son, identify him as his son, or claim him as such. During the Age of Ignorance, the Arabs, like other nations, kept adopted sons and established a lineage relationship with them as they wished. They would make anyone they wished their son. The duties and rights of such an adopted son were exactly like those of biological sons. Such adoption was practiced even when the adopted son’s father and lineage were known.
The practice of adopting sons also existed in Arab society when Islam appeared. Before receiving prophethood, the Prophet (peace be upon him) had adopted Zayd ibn Harithah as a son during the Age of Ignorance. But Islam regarded the matter as an unreal and false situation. From Islam’s perspective, making an unrelated outsider a member of one’s lineage and allowing him to be alone in seclusion with the women of the household, like a mahram man, is improper, because in reality he does not possess that status and those women are not mahram to him.
Whoever adopts someone as a son also makes him his heir. In such a situation, the actual close relatives, despite being entitled to shares of the property, remain deprived of them. As a result, hidden resentment and jealousy toward this so-called son naturally arise in the hearts of the true relatives. Consequently, disputes, discord, and deterioration of relationships emerge. For these reasons, the Noble Qur’an abolished this ignorant system and declared it categorically and completely forbidden. Allah Most High has said: (Arabic******************)
Allah has not made your adopted sons your real sons. That is merely something you say with your mouths. But Allah speaks the truth and guides to the correct and straight path. Call them by their fathers’ names; that is more just in the sight of Allah. But if you do not know their fathers, then they are only your brothers in religion and your close friends.
The Qur’an says: “This clearly states that a son called by name or an adopted son is entirely an empty claim, having no true basis behind it.”
Indeed, words spoken by the mouth can neither change the truth nor alter reality. An unrelated person cannot thereby become a relative. A son called by name can never become a true biological child. Words cannot make the blood of the foster parent flow through the adopted son’s veins and arteries, nor can they create in the foster parent’s heart the paternal affection and love that a true father feels for his son. Similarly, they cannot create filial devotion in the heart of the adopted son. They are entirely incapable of creating in him the physical, intellectual, and psychological characteristics and distinctions of this family.
All aspects of this adoption system—including inheritance laws and the prohibition against marrying the divorced wife of an adopted son—were also completely abolished. The inheritance law presented in the Noble Qur’an gives no importance to relationships that are not based on blood, marriage, or true close kinship. No share was assigned to such a person in inheritance.
(Arabic******************) Blood relatives have greater rights to one another under Allah’s law.
Regarding marriage, the Qur’an has declared that only the wives of one’s biological sons are forbidden to one, not the wives of sons called one’s own.
(Arabic******************) The wives of your biological sons are forbidden to you.
Therefore, marrying the wife of an adopted son is not forbidden; rather, it is completely permissible. In reality, she is the wife of an unrelated person. Thus, when he divorces his wife—or dies—there can be no objection to marrying her.
The practical abolition of the adoption system
The matter was by no means simple. The adoption system in Arab society was firmly established. Its roots were deeply embedded in society and it was closely connected with people’s lives. For this reason, Allah Most High did not consider it possible or sufficient to uproot this system merely through verbal instruction. Therefore, along with the verbal command, He also arranged for it to be implemented in practice.
To fulfill this objective, Allah decided to involve the Messenger himself. To remove any doubt at this stage and eliminate the hesitation surrounding the permissibility of marrying the wife of a son called one’s own, no other method would have been possible, appropriate, or sufficient. This was an essential step in creating firm faith and conviction that whatever Allah has made lawful is definitively lawful, and whatever Allah has made forbidden is definitively forbidden.
Hazrat Zayd ibn Harithah was the adopted son of the Messenger. For this reason, he was well known in society as Zayd ibn Muhammad (peace be upon him). He married a woman named Zaynab bint Jahsh. She was the cousin of the Noble Prophet (peace be upon him). Zayd’s marital relationship with Zaynab deteriorated. Hazrat Zayd made many complaints about this to the Prophet (peace be upon him). The Prophet continued explaining and instructing him in various ways, although through what Allah had informed him, he knew that Zayd would divorce her and that he himself would later marry her. But human weakness appeared at certain moments, and he feared people’s slander and malicious criticism. Therefore, whenever Hazrat Zayd complained, he would say to him: (Arabic******************)
O Zayd, keep your wife and fear Allah.
The verse of the Qur’an revealed at this time did not reprimand the Messenger; rather, it encouraged him to confront society in order to remove the erroneous notions and superstitions prevailing in society regarding marrying the abandoned wife of an adopted son. It stated: (Arabic******************)
When you said to Zayd, whom Allah had favored and whom you had favored by freeing him from the bonds of slavery, “Keep your wife and fear Allah,” you concealed within yourself what Allah was going to reveal, and you feared people, whereas Allah is more deserving that you fear Him. Then, when Zayd had fulfilled his need from her, We married her to you so that there would be no restriction upon the believers concerning marriage to the wives of their adopted sons when they have fulfilled their need from them and divorced them. Allah’s command is bound to be carried out. (Surah al-Ahzab: 37)
The following verse refuted the accusations made against the Messenger for this act and stated forcefully that the act was completely permissible and contained no fault whatsoever. It said: (Arabic******************)
There was no blame upon the Prophet for carrying out what Allah had ordained. This has been Allah’s way from ancient times. Allah’s decree is always according to due measure. Those who faithfully convey Allah’s messages and fear Him, fearing no one but Allah—Allah alone is sufficient as an account-taker. Muhammad is not the father of any of your men; rather, he is Allah’s Messenger and the Seal of the Prophets. Allah is fully aware of all things.
Making someone a son solely for the purpose of upbringing, as discussed above, has been declared invalid and haram by Islam. In this practice, a man knows that the boy is not his son but belongs to another man, yet incorporates him into his own lineage and family, treating him as his own and applying to him all the rules and rights granted to a biological child. This causes lineages to become mixed, makes it haram for him to marry the man’s wife, and gives him a share of the inheritance.
There is also another practice of taking a boy into one’s family. Islam has not forbidden this kind of care. It consists of taking a foundling or an orphaned boy into one’s home and showing him the affection, tenderness, care, education, and training one would give one’s own son; feeding and clothing him, nurturing him, and raising him exactly like one’s own child. Yet, after doing all this, one does not call him ‘one’s own son’ or impose upon him the rules and rights that apply to a biological son. Such service and benevolence are highly praiseworthy and beloved in Islam. Whoever does this will surely receive boundless reward from Allah and will enter Paradise. On this occasion, the Noble Messenger (peace be upon him) said:
“I and the one who cares for and raises an orphan will be like this in Paradise”—saying this, he gestured with his index and middle fingers and held them slightly apart.
If someone finds a lost boy, he should regard him as an orphan. This term is also applicable, in a broad sense, to worldly relationships. Islam has strongly urged people to look after him.
If someone has no children and wishes to provide financial benefit to such a boy, he may give him whatever he wishes from his wealth during his lifetime, and before his death he may also bequeath to him something amounting to no more than one-third of his total assets and property.
Artificial Conception
By prohibiting zina—adultery and fornication—and making an adopted son one’s son, Islam has protected the honor of lineage. It has kept lineage pure from corrupt ideas.
For this reason, Islam has declared artificial conception haram when it is carried out using the semen of someone other than the husband. In such a case, there is no doubt that it is an unforgivable crime and a detestable act. Shaykh Shaltut gave this fatwa. In reality, it is nothing but a new form of zina, since the actual nature of both acts is entirely identical. Their result is also the same: the womb bears the sperm of a man who is not the husband. In the view of both natural law and the rulings of the Shariah, this act is extremely vile.
Artificial conception may not, outwardly, appear to be an act that violates the law. But that is a weakness and defect in the law. In reality, it is zina—an offense which, according to Islamic Shariah, warrants the imposition of hadd, severe punishment, upon the offender.
There is no doubt that this novel method of conception is an extremely serious and vile crime, even more serious than calling another man’s son one’s own. For the child born through this method will bear two kinds of vileness. The first is the vileness of calling another man’s son one’s own—that is, counting an outsider as part of one’s lineage. The second is moral corruption—the assumption of the form of zina. Neither the Islamic Shariah nor any law can support this act. It causes a person to lose the dignity of humanity and descend to the level of an animal. Such a person can scarcely acquire any awareness of social dignity.
Calling Someone Other Than One’s Real Father ‘Father’
Just as it is haram in Islam to deny the paternity of one’s biological child, it is likewise haram to call someone other than one’s biological father ‘father’—to claim to be the child of someone else. The Noble Prophet (peace be upon him) counted this among the vilest acts. As a result, such a person falls under the curse of both the Creator and creation. Hazrat Ali (may Allah be pleased with him) narrated that the Noble Prophet (peace be upon him) said:
“The curse of Allah, the angels, and all people is upon anyone who claims to be the child of someone other than his real father, or claims to be the slave of someone other than his own master. On the Day of Resurrection, Allah will accept neither repentance nor compensation from him.” (Bukhari, Muslim)
Hazrat Sa‘d ibn Abi Waqqas (may Allah be pleased with him) narrated that the Noble Prophet (peace be upon him) said:
Whoever knowingly claims to be the son of someone other than his father will be forbidden from Paradise.
Do Not Kill Your Children
In this way, Islam seeks to protect the human lineage and enable it to advance continuously. For this reason, it has made the mutual rights of every child and parent obligatory—rights appropriate and desirable insofar as each is a child or a parent—and, to preserve these rights fully, it has declared certain matters haram for both.
A child has the right to remain alive. Therefore, parents have no right to destroy a child’s life, whether by killing the child or by secretly obstructing the emergence of its existence. The parents of the Age of Ignorance used to do this, to both daughters and sons. For this reason, Allah the Exalted commanded:
“Do not kill your children for fear of poverty. I provide for them, and I provide for you as well. Killing them is a great sin and a grave error.”
“And when the girl buried alive is asked: For what crime was she killed?” (Surah al-Takwir 81:8–9)
Whatever the motive initiating this vile and horrific act—whether economic, such as fear of poverty and lack of food, or social, such as fear of disgrace—it remains the same. In pre-Islamic Arabia, girls were killed out of shame. Islam has made this barbaric and bestial act completely haram. For it results in the killing of a life, the violation of the rights of blood relations, and oppression and injustice against a weak human being. For this reason, the Noble Prophet (peace be upon him) was asked: Which sin is the greatest and most terrible?
In reply, he said:
“To set up a rival to Allah, even though He alone created you.” Then, when he was asked which sin was greatest after that, he said: “To kill your child for fear that he will share your food with you.”
The Noble Prophet (peace be upon him) took the pledge from women, just as from men, that this was a dreadful crime and completely haram, and therefore had to be avoided. It is quoted in the Majestic Qur’an:
“That they will not associate anything with Allah, that they will not steal, that they will not commit zina—adultery or fornication—and that they will not kill their children.” (Surah al-Mumtahanah 60:12)
The child’s second right over the father is that the father should give the child a beautiful name. Therefore, it is the father’s duty not to give the child a name that may cause shame or distress when the child grows up. Secondly, it is haram to give a name whose meaning is servitude or slavery to anyone other than Allah, such as Abd al-Nabi—servant of the Prophet—or Abd al-Masih—servant of Isa al-Masih—and the like.
Thirdly, the child has the right to receive complete affection and care, proper upbringing, and food and clothing. Therefore, no negligence or indifference in these matters is permissible in the slightest. At this point, the Noble Prophet (peace be upon him) said:
“Each of you is a shepherd, and each of you will be questioned about his flock.”
He said:
“It is sufficient sin for a person that he neglects those whose maintenance and clothing are his responsibility.” (Abu Dawud, Nasa’i, Hakim)
Allah the Exalted will question every person responsible about his responsibility—whether he fulfilled it, or neglected it and allowed it to be ruined. Indeed, every person will be questioned about his family.
Maintaining Equality Among Children
It is the father’s duty to adopt a balanced and impartial policy among his children in giving and receiving, to show equal affection and tenderness, and to seek the welfare of all of them equally.
Without cause, it is completely haram to give one child preference over another in affection, tenderness, care, gifts, or allowances, or to treat them unequally or with partiality. This awakens resentment in the hearts of children who are deprived or left behind. The fire of hostility and revenge may blaze fiercely in their hearts. In this matter, fathers and mothers bear equal responsibility. The Noble Prophet (peace be upon him) said:
“Deal with complete justice among your sons, maintain complete equality among your sons, and distribute everything equitably among your sons.” (Ahmad, Nasa’i, Abu Dawud)
There is an incident behind this hadith. The wife of Bashir ibn Sa‘d al-Ansari asked him to give special wealth, such as a garden and a slave, to their son Nu‘man ibn Bashir, and wished to have this gift confirmed. For this purpose, she went with him to the Noble Messenger (peace be upon him) and said:
“O Messenger, so-and-so’s daughter”—meaning his wife—“asks me to give my slave to her son.” The Noble Prophet (peace be upon him) asked: “Does he have any other brothers or sisters?” He replied: “Yes.” He then asked: “Would you give the same to each of them?” He replied: “No.” The Noble Prophet (peace be upon him) said: “Then this is not right at all. I cannot bear witness to anything except truth and justice.” (Muslim, Ahmad, Abu Dawud)
In another narration, the final part of the Messenger’s statement is:
“Do not make me a witness to injustice and wrongdoing. Among the rights your sons have over you is that you distribute things equitably among them, just as you have rights over them and they are obliged to serve you. Fear Allah and deal justly and equitably among your children.” (Bukhari, Muslim, Abu Dawud)
It is narrated from Imam Ahmad ibn Hanbal that he said: Differences in the distribution of wealth among children are permissible when there is a genuine reason, such as one having fallen into hardship and being in greater difficulty than the others.
[It is stated in Al-Mughni that, according to Imam Ahmad, it is permissible to give one child a certain amount or a particular item because of illness, need, blindness, having many children, or being occupied with acquiring knowledge; likewise, it is permissible to give nothing to a son because he has become corrupt. He says that dedicating something as waqf specifically to some children is permissible when required by need, and there is no fault in it. However, giving someone more or something special without cause or need is makruh. The same ruling applies to gifts.]
Following Allah’s Law in the Distribution of Inheritance
A similarly just policy must be followed in distributing inheritance. Therefore, it is not permissible for a father to deprive any child of inheritance. It is also completely haram to try, through schemes, to deprive a relative who is entitled to inherit. Inheritance is a system and ruling instituted by Allah. Knowingly, according to His principles of justice and wisdom, He Himself established this system. He has allotted each rightful claimant a share according to his entitlement. Whoever refuses to remain steadfast upon this ruling and acts contrary to it and violates it is thereby accusing Allah.
Allah the Exalted has stated all matters relating to inheritance in three verses of the Majestic Qur’an. At the end of the first verse, He said:
“You do not know which of your fathers and your sons is closer to you in benefit. This is an allotment and determination of shares from Allah Himself. Allah is All-Knowing and Most Wise.”
At the end of the second verse, He said:
“Without causing harm—an injunction from Allah. Allah is All-Knowing and Most Forbearing. These are Allah’s limits. Whoever obeys Allah and His Messenger, He will admit him into Gardens beneath which rivers flow, where they will remain forever. That is the great success. Whoever disobeys Allah and His Messenger and transgresses His limits, He will admit him into Hell, where they will remain forever. For him is a humiliating punishment.”
At the end of the third verse concerning inheritance, Allah the Exalted said:
“Allah makes everything clear to you for your benefit, so that you may not go astray. Allah is fully aware of all things.”
Therefore, whoever opposes the inheritance ruling given by Allah the Exalted has strayed from the truth that Allah has explained in detail. He has also transgressed Allah’s prescribed limits. Thus, he must await Allah’s punishment. It is:
“Hell, where he will remain forever, and for him there is an even more humiliating punishment.”
Severing Relations with Parents
Parents have many rights over their children. Obeying them, speaking to them kindly, and showing them honor and respect are among the children’s duties. Human nature itself urges this and inspires people to perform these acts properly. This duty is even more emphatic toward the mother. She carried him in her womb for ten continuous months, endured the severe and agonizing pain of childbirth, suckled him at her breast, fed him milk produced through her own blood, and cared for and raised him from infancy. Her suffering cannot be described in any language. Allah Himself has said:
“We have enjoined upon man kindness to his parents. His mother carried him with hardship and gave birth to him with hardship, and his bearing and weaning last thirty months.”
A man came and asked the Noble Messenger (peace be upon him):
“Who among all people has the greatest right to receive my best help and care?”
He replied: “Your mother.” When he asked, “Then who, and then who, and then who has the greater right?” the Noble Messenger (peace be upon him) each time replied: “Your mother, your mother, your mother.” Then the next person with the right was “your father.” (Bukhari, Muslim)
The Noble Prophet (peace be upon him) declared that severing relations with parents and causing them distress is among the greatest major sins. According to his declaration, after shirk, this is the greatest sin. The Noble Prophet (peace be upon him) said:
“Shall I not tell you which is the greatest of the major sins?” The Noble Prophet (peace be upon him) asked this three times. The Companions said: “Yes, yes, surely you will tell us.” He then said: “Associating partners with Allah and severing relations with parents.”
The Noble Messenger (peace be upon him) also said:
“Three people will never enter Paradise: one who severs relations with his parents, one who treats them badly, and a man who causes his wife to commit immoral acts, and a woman who adopts masculine behavior.”
In another hadith, he said:
Among sins, Allah may delay the punishment of whichever He wills until the Day of Resurrection. But He will make the punishment for severing relations with parents and treating them badly come swiftly in this life, before death.
Special emphasis has been placed on seeking the welfare of parents when they reach old age. At that time their strength and ability decline. It becomes necessary to pay greater attention to their daily affairs and to care for them more and more. At this stage, the need to care for them with deep compassion, sympathy, devotion, and respect becomes especially urgent. This is what Allah said in the following verse:
“Your Lord has decreed that you worship none but Him, and that you show kindness to parents. If one or both of them reach old age in your presence, do not say to them anything that causes them distress, nor rebuke or scold them; rather, speak to them respectfully. Lower to them the wing of humility and compassion, and say: ‘My Lord, have mercy on them, as they raised me when I was young.’”
In support of this verse, it is stated in a hadith:
“Had Allah known of any expression lesser than saying ‘Uff’ to parents that could constitute severing relations with them and treating them badly, He would also have forbidden it.”
Causing One’s Parents to Be Insulted Is Also a Major Sin
More than this, the Noble Prophet (peace be upon him) declared even causing one’s parents to be insulted to be haram. Indeed, it is a major sin.
He said:
“Insulting one’s parents is also among the greatest major sins.” People could not understand how an intelligent believer could curse his parents, through whom he had received life and existence. They asked in astonishment: “How can a person curse his parents?” The Noble Messenger (peace be upon him) replied: “A person insults someone else’s father, and that person insults his father. A person abuses someone else’s mother, and that person abuses his mother. Thus, the act of cursing is completed.”
What, then, can be said about one who himself abuses his parents to their faces?
Going to Jihad Without the Permission of One’s Parents
Going to Jihad without the permission of one’s parents has also been made haram. In Islam, the satisfaction of one’s parents is more important and more desirable. Compared with it, Jihad is a lesser act of virtue, although it contains far greater reward—reward that cannot be obtained even by praying all night and fasting throughout the year.
Hazrat Abdullah ibn Umar ibn al-As (may Allah be pleased with him) said: A man came to the Noble Messenger (peace be upon him) seeking permission to go to Jihad. He asked: “Are your parents alive?” The man said: “Yes.” The Noble Prophet (peace be upon him) then said:
“Then devote yourself wholeheartedly to serving them.” In another narration, a man came to the Noble Messenger (peace be upon him) and said:
“I will pledge allegiance to you for Hijrah and Jihad, and through this I wish to earn reward from Allah.”
The Noble Prophet (peace be upon him) asked: “Is either of your parents still alive?” He replied: “Yes, both are alive.” The Noble Prophet (peace be upon him) asked: “Do you truly wish to receive reward from Allah?” He replied: “Yes, I do.” The Noble Prophet (peace be upon him) then said:
“Then return to your parents and keep their company in the best manner.”
The wording of another hadith is as follows:
A man came to the Noble Messenger (peace be upon him) and said: “I have come to pledge allegiance to you for Hijrah, and I left my parents weeping.” Hearing this, the Noble Prophet (peace be upon him) said: “Return to your parents and make them smile just as you made them weep.”
It has been narrated from Hazrat Abu Sa’id (RA) that a Yemeni man migrated and came to the Noble Prophet (PBUH). He asked him, “Do you have anyone in Yemen?” He replied, “I have my parents.” The Noble Prophet (PBUH) asked, “Did they give you permission?” He replied, “No.” The Noble Prophet (PBUH) then commanded him:
“Return to your parents and ask their permission. If they permit you, then go for jihad; otherwise, devote yourself to serving them.”
Conduct toward Polytheist Parents
Since Islam places great importance on parents, it has declared it unlawful even to sever relations with them or mistreat them if they are polytheists. Even if they go to great lengths in polytheism, call people to it, actively propagate it, and seek to take their Muslim son into it, they still may not be mistreated or disowned in any way. The Noble Qur’an says:
“Give thanks to Me and to your parents. To Me is the return. But if they both pressure you to associate with Me that of which you have no knowledge, then do not obey them. Yet keep their company and treat them well in this worldly life. Follow the path of the one who turns to Me devotedly. Then to Me will be your return, all of you, and I will inform you of what you used to do.” (Surah Luqman: 14–15)
This verse clearly states that if polytheist parents tell someone to commit shirk and exert pressure for that purpose, they must not be obeyed or followed. For one can never obey anyone when doing so would involve disobedience to Allah. What sin could be greater than associating partners with Allah? Nevertheless, one is commanded to treat polytheist parents well in worldly life. Their state of faith is not to be taken into consideration; rather, one must continue to follow only the path of righteous people who obey Allah’s commands. For Allah is the greatest commander and the greatest judge—the Day when parents will be of no avail to their children, nor will any child be able to benefit his or her parents.
Indeed, this is such an elevated example of generosity, forgiveness, and justice that no other religion or ideology in the world can present anything comparable.
Chapter Four
Creed and Religious Blind Following
Mutual Dealings and Transactions
Games, Amusements, and Festive Gatherings
Social and Collective Relations
Relations with Non-Muslims
Creed and Religious Blind Following
A sound, correct, and precise creed is the foundation of the social system. Tawhid—the belief that Allah is wholly One, Unique, and Incomparable—is the essence of this creed and the life-force of the complete religion of Islam. Islam has made the preservation of a sound creed and pure tawhid its foremost objective in establishing its Shariah and laying the foundation of its teachings. At the same time, it had to oppose and uproot the ignorant beliefs that idol worshippers had widely propagated. This was absolutely essential to protect the Muslim community from the remnants of the filth, ugliness, and misguidance of shirk.
Establishing the Honor of Allah’s Sunnah
Islam first firmly established in the minds of its followers a worldview concerning this universe. Islam declared that human beings live within the vast order of this universe, upon the earth and beneath the heavens. This vast universe is not a lawless realm or a toy for children. It does not operate without guidance, nor does it wander randomly according to whim. Nor is it governed according to the desires of any created being, for the desires of created beings are neither one and identical nor mutually harmonious; rather, they conflict with one another. There is no doubt that they too are confused and directionless. The Noble Qur’an says:
If the true reality followed their desires, the heavens and the earth and everything within them would surely have been ruined and shattered. (Surah al-Mu’minun: 71)
Indeed, this universe is bound by the firm bonds of natural laws and the Sunnah ordained by Allah. These laws and the Sunnah ordained by Allah do not change, nor are there any exceptions in them. This has been strongly declared in several places in the Noble Qur’an. It says in Surah Fatir:
You will find no change or exception in Allah’s Sunnah—the laws and regulations established by Him.
The Qur’an and Sunnah have taught Muslims that it is their duty to respect these natural laws and preserve their dignity. They should strive and exert effort to obtain results by applying causes and means. For Allah has placed a cause at the root of every action and established a profound relationship between the two. No Muslim can pay the slightest heed to or accept the importance of the imaginary hidden causes that shrine custodians, professional deceivers, and religious profiteers have adopted as means of earning money in order to serve their own interests.
The Struggle Against Superstition and Baseless Beliefs
When the Prophet Muhammad (PBUH), the Prophet of the Universe, came into the world, he found groups upon groups of deceivers in society. They were known as diviners or astrologers. They claimed that they could learn, through jinn, matters of the unseen that had occurred in the past or would occur in the future. Since this deception was completely contrary to the Qur’an and Sunnah, the Noble Prophet (PBUH) declared war against it. He recited Allah’s word to everyone:
None of those in the heavens and the earth knows the unseen; only Allah knows all things. (Surah al-Naml: 65)
Therefore, neither angels, jinn, nor human beings can know the unseen.
The Noble Messenger (PBUH) also recited this declaration of Allah:
“If I knew the unseen, I would have secured abundant goodness for myself, and no harm would have touched me. I am only a warner and a bearer of glad tidings for believing people.”
Regarding the jinn who were assigned to serve Solomon, Allah Most High informed us:
Had they known the unseen, they would not have remained in humiliating punishment for so long. (Surah Saba: 14)
Therefore, whoever claims to know the true unseen makes a complete and manifest false accusation against Allah, against reality, and against all humanity.
Various delegations came to the Noble Prophet (PBUH). They apparently believed that the Noble Prophet (PBUH) also claimed to know the unseen. To test him in this matter, they concealed something in their fists and asked, “Tell us, what is in our fists?” The Noble Prophet (PBUH) told them plainly:
“I am not a diviner. Know that diviners, female diviners, and the entire community of diviners will all be cast into Hell.”
Believing a Diviner Is Kufr
Islam did not stop at speaking out against diviners and deceitful frauds. It also included among them those who, because of their superstitions and false beliefs, go to them, ask them questions, seek information from them, and believe them to be truthful. It declared that both groups would have the same fate. The Noble Prophet (PBUH) said:
Whoever goes to an astrologer, asks him about something, and believes him to be truthful in what he says will have none of his prayers accepted for forty days.
It is stated in another hadith:
Whoever goes to a diviner and believes what he says to be true has disbelieved in the religion revealed to Hazrat Muhammad and become a kafir. (Al-Bazzar)
This is because it was revealed to Muhammad (PBUH) that only Allah knows the unseen; Muhammad (PBUH) does not know the unseen, let alone others. The Noble Qur’an says:
Say, “I do not claim that I possess Allah’s treasures, nor do I know the unseen, nor do I tell you that I am an angel. I only follow what is revealed to me.”
When a Muslim learns clearly and decisively from the Noble Qur’an that only Allah knows the unseen, yet still believes that some created beings—human or jinn—are capable of uncovering the hidden mysteries of destiny and possess knowledge of the unseen world, then that person completely rejects the religion of Islam revealed to Hazrat Muhammad (PBUH) and expresses disbelief in it.
Seeking Knowledge of Fate Through Arrows
On the basis of the reasoning mentioned above, Islam has declared seeking knowledge of one’s fate through arrows completely unlawful.
Here, “arrows” refers to a number of arrows. In the Age of Ignorance, the Arabs used them to try to learn their fate. One had written on it, “My Lord has commanded me.” The second had written on it, “My Lord has forbidden me.” The third was completely blank; nothing was written on it. When they intended to travel abroad or undertake an act such as marriage, they would go to the house of an idol, where these arrows were kept. They would seek to know what had been written in their fate. If the first arrow—the one bearing “commanded”—came out, they proceeded. If the arrow bearing “forbidden” came out, they refrained from the proposed act. If the blank arrow came out, they would draw arrows repeatedly until they received a clear instruction.
Although this exact practice of the Age of Ignorance is not common in our society, quite a few similar practices are widespread. Examples include casting “raman” cowries, opening a book to obtain an omen, and reading playing cards or cups. Everything done in this category is completely unlawful in Islam.
After mentioning the foods Allah has forbidden His servants, He said:
You shall not seek knowledge of the future by means of arrows; that is unlawful and an act of disobedience to Allah’s law. (Surah al-Ma’idah: 3)
The Noble Prophet (PBUH) also said:
Whoever practices divination, tries to learn his fate through arrows, or turns back from a foreign journey because of taking a bad omen will never attain a higher rank. (Bukhari, Muslim)
Magic
Likewise, Islam confronted magic and magicians. Regarding those who learn magic, the Noble Qur’an says:
They learn that which harms them and brings them no benefit.
The Noble Prophet (PBUH) counted magic among the destructive major sins. It destroys nations before individuals. Before the Hereafter, magicians plunge this very world into extreme calamity. The Noble Prophet (PBUH) said:
“Avoid the seven destructive acts.” The Companions asked, “O Messenger, what are they?” He said, “Associating partners with Allah; magic; killing a person whom Allah has forbidden killing, except by right; consuming usury; consuming and misappropriating the wealth of orphans; fleeing from the battlefield; and falsely accusing chaste, unsuspecting believing women of adultery.” (Bukhari, Muslim)
Some jurists have called magic or the practice of magic kufr, or have said that it leads a person to kufr. Other jurists have held that it is obligatory to kill a magician in order to keep society pure from the magician’s evil.
The Noble Qur’an has taught us to seek refuge with Allah from the evil and harm of magicians:
“I seek refuge with You, O Allah, from the evil and harm of those women who blow upon knots and tighten them.”
Blowing upon knots is one method of practicing magic and a particular practice of magicians. It is stated in a hadith:
Whoever blows upon a knot has practiced magic; and whoever practices magic has committed shirk.
Just as Islam has declared it unlawful to go to diviners and seek to learn unseen and hidden matters, it has likewise made it completely unlawful to seek help from magic or magicians to treat an illness or solve a problem. The Noble Prophet (PBUH) declared his complete disassociation from this act. He said:
Whoever practices divination, or has divination practiced for him; whoever takes an omen, or has an omen taken for him; whoever practices magic, or has magic practiced for him, is not among my community.
Hazrat Ibn Mas’ud said:
Whoever goes to a diviner, magician, or person who claims to speak of the unseen, asks him, and believes what he says to be true has rejected the religion of Islam revealed to Muhammad (PBUH) and disbelieved in it.
The Noble Messenger (PBUH) also said:
A drunkard, one who believes in magic, and one who severs blood relations will never enter Paradise.
In light of these hadiths, it is known that not only is the magician’s practice unlawful; believing in magic and believing a person to be truthful because he is regarded as a diviner are also completely unlawful.
If this magic is used primarily for unlawful purposes, such as creating separation between husband and wife or causing physical harm, then it becomes an even graver unlawful act. Everyone knows that magicians generally engage in such practices.
Using Amulets
The use of amulets and talismans is also an act of this kind. It contains the belief that tying on an amulet will cure an illness or protect one from its attack. Even in this enlightened twentieth century, there are many people who hang a horseshoe at the entrance of their homes. In today’s world, there is no shortage of people who remain busy day and night exploiting the ignorance and illiteracy of the public to secure material and financial gain. They write amulets for them. These amulets contain lines and puzzles. In their presence, they swear oaths and affirm their truthfulness and firm resolve. They recite incantations and blow over the amulets. They claim that tying an amulet prevents the evil influence of jinn and protects against ghosts, evil eyes, envy, and similar harms. But these are not methods of treatment endorsed by Islam.
Islam has prescribed recognized methods for recovery from illness, preventing illness, and protection from its attack. It has condemned those who abandon and reject these methods and adopt the path of misguidance.
The Noble Prophet (PBUH) said:
Use medicine to treat illness, for the One who created the illness has also created its medicine. (Bukhari)
He also said:
Among all these medicines of yours, three things are especially beneficial: drinking honey, the knife used for bloodletting, and cauterization with fire. (Bukhari, Muslim)
A little reflection will show that these three especially beneficial treatments mentioned by the Noble Messenger are all included in modern medical practice. Treatment with orally administered medicine, recovery through surgery, and healing through cauterization. Treatment with electric heat or cautery falls within the third category and is a highly modern method. Therefore, all these treatments are lawful.
Tying on amulets or reciting magic spells for preventing or treating illness is manifest ignorance and misguidance, and is contrary to the Sunnah ordained by Allah and the creed of tawhid. Hazrat Uqbah ibn Amir (RA) said: A delegation of exactly ten people came to serve the Noble Prophet. He accepted the pledge of allegiance from nine of them but did not accept it from one. In answer to their question, he said:
“That man has an amulet tied around his arm.” Hearing this, the man tore off the amulet. The Noble Prophet (PBUH) then accepted his pledge of allegiance as well and said, “Whoever ties on an amulet has committed shirk.” (Ahmad, Hakim)
It is stated in another hadith:
Allah will not grant success to whoever ties on an amulet. And whoever wears a talisman, Allah will not grant him even a drop of peace or comfort. (Ahmad)
Imran ibn Husayn (RA) said that the Noble Prophet (PBUH) saw a brass talisman or bracelet tied around a man’s arm. He said, “Woe to you! What have you tied there?” The man replied, “I tied it to remove weakness.” The Noble Prophet (PBUH) then said:
“It will only increase your weakness. Throw it away. Otherwise, if you die while it is tied on you, you will never attain prosperity.” (Ahmad, Ibn Hibban)
These teachings had such a profound effect on the Companions that they themselves refused to adopt such devices and false methods.
Isa ibn Hamzah said: I went to Abdullah ibn Hukaym, who was suffering from erysipelas (an inflammation of the skin with redness). I asked him, “Why do you not wear an amulet or bracelet for this illness?” In reply, he said:
“I seek refuge with Allah from it.”
In another narration, his statement is:
A person who hangs or ties something has brought death nearer to himself; he will be left dependent upon that very thing.
Hazrat Abdullah ibn Mas’ud (RA) went to his wife and found something tied around her neck. He pulled it off and tore it apart. Then he said:
“The family of Abdullah has turned away from shirk for which Allah has revealed no proof.”
Then he said, “I heard the Noble Prophet (PBUH) say:”
“Amulets, bracelets, tawlah, and the like are all shirk.” The people asked, “What is tawlah?” He replied, “It is a device or practice that women use to gain greater love from their husbands.”
In simple terms, tawlah is also a type of magic.
The scholars’ view is that amulets not written in Arabic are prohibited because their contents cannot be known or understood; they may contain magic or words of kufr. However, if their meaning and significance can be understood and they contain the remembrance or name of Allah, then they are not prohibited or unlawful. In such a case, the amulet is considered a supplication—not a treatment or medicine, but merely an expression of hope for Allah’s help. The amulets used in the Age of Ignorance contained magic, shirk, or mysterious words whose meaning could not be understood. For this reason, they were declared unlawful.
Hazrat Ibn Mas’ud (RA) forbade his wife to use these incantations and amulets of the Age of Ignorance. In reply, she related an incident. She said, “One day I went outside, and so-and-so saw me. Tears began to stream from both my eyes.”
“Then, when I recited an incantation, the tears stopped. When I stopped reciting it, the tears began flowing again with force.” Ibn Mas’ud said:
This is Satan. When you obey him, he leaves you alone. But when you disobey him, he pokes you in the eye with his finger. However, if you do what the Noble Prophet (peace be upon him) used to do, that will be very good for you, and perhaps you may also recover. That is: put water in your eyes and say a supplication. (Ibn Majah, Abu Dawud)
Believing in Bad Omens
Taking a bad omen from anything—whether from a place, a person, or anything else—is nothing but baseless superstition. It has existed in human society since the earliest times and may perhaps continue for many more ages. Many individuals and groups can be found immersed in it. The people of Prophet Salih’s time said:
In our view, you and your companions are nothing but bad omens.
Whenever a calamity befell Pharaoh and his people:
They began to regard Moses and his companions as an evil omen.
Whenever a calamity befell the great numbers of unbelievers immersed in extreme error because they had rejected the call of the prophets and messengers, they would say:
We regard you as an evil omen.
In reply, the prophets and messengers would say:
Your evil omen is attached to you.
In other words, the cause of your misfortune is your own companion. It is your disbelief, your hostility toward Allah, and your rebellion against Allah and His Messenger.
The Arabs of the Age of Ignorance held a different belief concerning bad omens. But Islam came and declared all of that invalid, guiding them onto a firm and rational path.
The Noble Prophet linked believing in bad omens with soothsaying and magic. He said:
Whoever takes an omen himself, or has an omen taken for him, or practices divination, or practices magic or has magic practiced for him, is not one of my community. (Tabarani)
He also said:
Geomancy, taking omens from the flight of birds, and taking bad omens by casting pebbles—all these are forms of superstition.
Believing in bad omens is not based on knowledge or reason. Nor does it have any connection with reality. It is the product of human weakness of conscience, intellect, thought, and mind. Because of a superstitious mentality, people become ready to be guided by signs—whether evil or auspicious. Otherwise, what meaning could there be in regarding a particular person, a specific place, or the entry of a planet or star into a particular position as a bad omen? The belief that a journey will become inauspicious merely upon hearing a bird’s call, that good or evil lies in the twitching of an eyelid, or that hearing a particular word will weaken every resolve cannot have any connection with sound reason.
In reality, it is because of the weakness inherent in human nature that people take signs from certain things. Therefore, it is the duty of intelligent and alert people not to bow before any kind of weakness.
A marfu hadith states:
There are three things from which very few people can remain safe: suspicion, believing in bad omens, and envy. Therefore, if suspicion arises in your mind, do not accept it as true; if a bad omen creates hesitation in your mind, do not turn back halfway; and if envy arises, do not wish for what it desires. (Tabarani)
If this method taught by the Messenger is followed, these three things will be recognized as nothing more than baseless thoughts and imaginings arising in the mind and the whisperings of Satan, and they will have no effect on actual conduct. In such a state, Allah Most High will forgive them. It is narrated from Ibn Masud (may Allah be pleased with him) that the Noble Prophet said:
Believing in bad omens is shirk; believing in bad omens is shirk; believing in bad omens is shirk.
Ibn Masud said: There is no one among us in whose mind thoughts related to bad omens do not arise. But when one relies upon Allah, all such notions disappear. (Abu Dawud, Tirmidhi)
Striving Against the Blind Following of Ignorance
Just as Islam fought against the beliefs and superstitions of the Age of Ignorance—because they contradict reason, morality, and sound conduct—it likewise strove against the blind imitation and following of the Age of Ignorance, because these are based on hatred, hostility, pride, arrogance, and tribal chauvinism.
Hatred-Based Thinking Is Contrary to Islam
In this regard, Islam first struck at hatred-based thinking and buried all its forms and manifestations. It also declared it haram to create such thinking and to invite people toward it. The Noble Prophet proclaimed in a clear voice:
Whoever calls people toward hatred-based thinking, whoever fights on its basis, and whoever dies holding such a view is not one of my community. (Abu Dawud)
Therefore, in Islam, no particular skin color has any importance or distinction, nor is the superiority of any particular nation recognized. No region of the earth has superiority over its other parts. It is not halal for a Muslim to create hatred of one color against another. No nation has the right to establish its superiority over another. The same applies in Islam to particular regions, states, and empires. Islam is not prepared to make any distinction among people on the basis of differences in color, lineage, nationality, or region. Therefore, a Muslim cannot act on the basis of racial, national, or territorial hatred. Nor is it the conduct of a Muslim to support his own nation in every circumstance, whether the matter concerns right or wrong, truth or falsehood, oppression or justice. Wasila ibn al-Asqa (may Allah be pleased with him) said:
I asked, “O Messenger of Allah, what is asabiyyah?” He replied: “You support your people even though they are engaged in oppression; that is asabiyyah”—a hatred-based attitude against another nation.
Allah Most High declares:
O believers! Stand firmly for justice, as witnesses for Allah, even if it is against yourselves, your parents, or close relatives. (Surah al-Nisa, 135)
Do not let the hatred of any people induce you to act unjustly.
The Prophet’s principle of justice was spread everywhere in this sense during the Age of Ignorance and was understood in its outward meaning. He said:
Help your brother, whether he is an oppressor or oppressed.
Later, when Islamic faith became firmly established among the Companions, the unfavorable meaning of the above statement became apparent to them, causing alarm and astonishment in their minds. They asked:
O Messenger! According to your statement, if my brother is oppressed, I can help him, and I understand the meaning of your words in that case. But if he is an oppressor, how can we help him? We do not understand the meaning of this statement. He replied:
You must restrain him from oppression; that is what it means to help him.
From this we clearly learn that no claim of regional superiority or national superiority can be upheld in Muslim society. Appeals to the motherland, or pride based on regional, class, lineage, racial, or linguistic nationalism, are claims of the Age of Ignorance. They can have no connection with Islam, the Messenger, or the Book of Allah.
In fact, Islam does not support any alliance contrary to its creed, nor any brotherhood outside Islamic brotherhood. Apart from faith and disbelief, Islam recognizes no other basis for distinguishing one person from another. Therefore, an enemy of Islam is also an enemy of a Muslim, even if he is his countryman, fellow tribesman, or neighbor. Not only that—even if he is his own brother, father, or mother, he is not truly his own if he is an enemy of Islam. Allah Most High has stated this in the following verse:
You will not find a people who believe in Allah and the Last Day befriending those who oppose Allah and His Messenger, even if they are their fathers, sons, brothers, or kinsmen. (Surah al-Mujadilah, 22)
He said:
O believers! Do not take your fathers or brothers as allies if they prefer disbelief over faith. (Surah al-Tawbah, 23)
There Is No Glory in Lineage or Color
It is narrated in Sahih al-Bukhari that Bilal al-Habashi and Abu Dharr al-Ghifari (may Allah be pleased with them) were both early Companions. They became enraged with each other and began exchanging insults. In the intensity of his anger, Abu Dharr (may Allah be pleased with him) addressed Bilal (may Allah be pleased with him), saying, “O son of a black woman.” Bilal complained about this to the Noble Prophet. He said to Abu Dharr:
Did you insult his mother? It appears that some traits of the Age of Ignorance still remain in you.
It is also narrated from Abu Dharr (may Allah be pleased with him) that the Noble Prophet told him:
Consider yourself. You are in no way superior to people who are red or black. You can only attain superiority over him through piety. (Ahmad)
The Noble Prophet said:
You are all the children of Adam, and Adam was created from dust.
Through these teachings, Islam has completely forbidden Muslims from taking pride in lineage, color, and the superiority and honor of their forefathers, or from trying to prove their own greatness over others. These are the instruments of the Age of Ignorance. People do this only in subservience to base desires. Thus, there is no place in Islam for mutually exchanging hateful and hostile statements such as: “I am so-and-so’s son; I am descended from so-and-so; you belong to an inferior lineage; I am fair-skinned and you are black; I am Arab and you are non-Arab,” and the like.
Indeed, since all people originate from one and the same source, there is no meaning or right for later generations to take pride in lineage, tribe, or blood, or to claim superiority over others. Even if lineage is assumed to have some importance, what superiority can a person have merely by being born into that lineage, and what fault can be attributed to him? The Noble Prophet proclaimed in a powerful voice:
You cannot claim superiority over others on the basis of these lineages of yours. For all of you are the children and descendants of Adam. None of you has superiority over others except through religious devotion and fear of Allah. (Ahmad)
He also said:
All people are descendants of Adam and Eve. On the Day of Resurrection, Allah will not ask you about your lineage or nobility. In reality, the most honored of you in the sight of Allah is the one among you who is most mindful of Allah.
Warning those who take pride in the exalted status of their forefathers or lineage in severe terms, the Noble Prophet said:
O people! Abandon pride in your forefathers—those forefathers who died and became fuel for Hell. Otherwise, they will be more wretched and humiliated than insects. Allah Most High has eradicated the arrogance of the Age of Ignorance and pride in lineage. Now a person will either be a believing, God-fearing person or a sinful, immoral one. All people are the children of Adam, and Adam was created from dust. (Abu Dawud, Tirmidhi, Bayhaqi)
This hadith contains a very important lesson for those who take pride in their ancient forefathers, ancestral lineages, and the leaders of Arab and non-Arab ignorance, such as Pharaoh, Caesar, and Kisra, although in light of the Noble Prophet’s declaration they are nothing but fuel for Hell.
During the Farewell Pilgrimage, more than a hundred thousand Muslims gathered in the honored city of Makkah during the month of Hajj to hear the Noble Messenger’s powerful sermon. At the outset, he declared:
O people! Your God is One. No Arab has superiority over a non-Arab, and no non-Arab has superiority over an Arab. A person of a fair complexion has no superiority over a black person, nor does a black person have superiority over one of fair complexion, except through piety. Allah declares that the most honored among you in the sight of Allah is the one among you who is most God-fearing. (Bayhaqi)
Lamenting for the Dead
Among the practices of the Age of Ignorance against which Islam fought was the ignorant attitude toward the dead.
Lamenting for the dead and going to extremes in expressing excessive grief and mental anguish are among them.
Islam has taught its followers that death is nothing more than traveling from one world to another, or moving from one place to another. It is not complete destruction, annihilation, or extinction. Moreover, lamenting will not bring the dead back to life, nor will Allah’s decree be changed by any other decree. Therefore, just as a believer must face every calamity with patience, so must he exercise patience and endurance in the matter of death. Rather, he should learn a lesson from it and hope to repeat the words taught by Allah: “Indeed, we belong to Allah, and indeed, to Him we will return.”
Therefore, the lamentation for the dead practiced during the Age of Ignorance is haram and must be abandoned in Islam. The Noble Messenger declared his disassociation from it. He said:
Whoever wounds his own face while lamenting for the dead, tears his clothing to shreds, and cries and wails as in the Age of Ignorance is not one of my community. (Bayhaqi)
It is not halal or permissible for a Muslim woman, while mourning the dead, to wear mourning clothes, abstain from jewelry and ordinary clothing, or alter her appearance. However, what is required of a wife upon her husband’s death must be observed. For example, she must observe an iddah of four months and ten days. This prescribed mourning period for a wife is required because the marital life has ended. Since the bond of love and affection between them has been severed by the husband’s death, it is appropriate for her to express some grief. In this way, respect is shown for that sacred relationship. Therefore, she should not wear jewelry during this period, so that she does not become attractive in the eyes of the many men who may seek marriage during her iddah.
But if the deceased is someone other than her husband—such as her father, brother, son, or mother—it is not permissible for women to mourn for more than three days. It is narrated from Zaynab bint Abu Salamah, who narrated from the Prophet’s wife Umm Habibah (may Allah be pleased with her), that when her father, Abu Sufyan ibn Harb, died, and when the brother of Zaynab bint Jahsh died, they both used perfume and said that there had been no need to apply perfume at that time. But the Noble Prophet said:
It is not permissible for a woman who believes in Allah and the Hereafter to mourn for a deceased person for more than three nights. However, she must mourn for her husband for four months and ten days. (Bukhari)
This mourning period for the husband is obligatory, and it must not be disregarded. A woman came to the Noble Prophet and said, “My daughter’s husband has died. May I apply kohl to her eyes now?” The Noble Prophet replied, “No,” and repeated the same answer two or three times. This clearly shows that when a husband dies, it is haram for his wife to use beauty products and jewelry until the iddah ends.
However, simply feeling grief or sorrow without displaying agitation, and crying without screaming, is natural. There is no sin in this. Umar (may Allah be pleased with him) heard that women were crying for Khalid ibn al-Walid. Some men then intended to stop them. Seeing this, Umar (may Allah be pleased with him) said:
Leave them. Let them cry for Abu Sulayman—Khalid—as long as they do not put dust on their heads or cry out loudly.
Mutual Transactions
Allah Most High created human beings with a nature that makes them dependent on one another and entirely reliant on one another’s assistance. It is never possible for an individual to obtain everything he needs by himself. Someone may possess something that fulfills another person’s need, while each may depend on something available only to the other. For this reason, Allah Most High inspired people to adopt a system of exchanging goods and benefits through buying and selling. In this way all human needs are fulfilled, and human life gains stability. This is not merely a matter of interaction among individuals; nations and states can also exchange the products of mutual benefit and production.
When the Noble Prophet was sent, various forms of buying, selling, and mutual dealings were practiced in Arab society. Those arrangements and activities that conformed to Islamic Shariah were retained and declared permissible, while everything contrary to the Shariah was declared haram and prohibited. This prohibition falls into several categories, such as assisting in sinful acts, fraud and deception, the taking of excessive prices and profits, and acts that cause oppression to either party in a contract.
Selling Haram Things Is Haram
A. Using prohibited and declared-haram goods, and benefiting from them, is also haram and a grave sin. For this reason, buying, selling, or trading in them is haram. Pigs, wine, haram food and drink, idols, crosses, statues, and similar things fall into this category. If buying, selling, and trading in these things were declared permissible, such sinful practices would spread widely. People would be encouraged to engage in them, facilities would be created for doing so, and people would be led toward them. But since buying, selling, and acquiring these things have been made haram, people can avoid them. Thus, people will neither be drawn toward these things nor have reason to remember them. The aim is to keep people away from contact with such things. For this reason, the Noble Prophet said:
Allah and His Messenger have prohibited the sale of wine, carrion, pigs, and idols. (Bukhari, Muslim)
A hadith states:
When Allah prohibits something, He also prohibits the price received for it. (Ahmad, Abu Dawud)
Deceptive Sales Are Haram
B. According to the principle of blocking the means, a sale is prohibited when the goods are unknown, when there is a possibility of deception, or when one party may have the opportunity to harm the other, thereby creating a risk of dispute. Examples include selling what is on the back of a male camel, what is in the womb of a she-camel, a flying bird, fish in water, or other such unknown goods.
During the time of the Noble Prophet, the crops of fields and the fruits of orchards were sold before they ripened. After the sale had been concluded, the fruit would sometimes be destroyed by natural causes and the crops would be ruined, leading to disputes between the buyer and seller. The seller would say, “I have already sold it,” while the buyer would say, “The fruit you sold is no longer there.” For this reason, the Noble Prophet explicitly prohibited selling fruits and crops before they ripened. However, it may be permissible if it is agreed that the fruit will be harvested immediately. Selling grain before its ears or heads become white and safe from calamity has also been prohibited. He said:
Have you considered how it can be permissible for you to take your brother’s money when Allah Himself has stopped the produce?
It is not the case that every unknown aspect of a commodity makes buying and selling prohibited. In some matters, much of a commodity remains unknown. For example, if someone buys a completed house, the condition inside its foundations and walls remains unknown to the buyer. It is not possible for him to know anything about that. But he can properly inspect all its other aspects. Therefore, only that which is completely unknown, which may lead to disputes between the parties or provide an opportunity to consume people’s wealth through false means, is prohibited.
If something is only slightly unknown, and there is a customary practice of buying and selling such partially unknown things, then their sale is permissible—for example, the sale of radishes, carrots, onions and similar produce, or fields of cucumbers and watermelons. According to Imam Malik, this is permissible due to necessity, because the area of uncertainty is not extensive but ordinary and minor.
Imam Ibn Taymiyyah said that Imam Malik’s principle regarding buying and selling is better than the principles of others, because it is based on the view of Sa‘id ibn al-Musayyib. He is recognized as a great jurist in matters relating to buying and selling. (Arabic******************)
Imam Ahmad ibn Hanbal held a view close to this.
Manipulating Commodity Prices
Islam wishes to let the market and commodity prices proceed naturally. When the marketplace functions normally, prices regulate themselves; prices continue to rise and fall according to the supply of goods in the market and the level of demand. We see this during the time of the Noble Prophet. When prices rose, people came and said, “O Messenger, set prices for us.” The Noble Prophet (peace be upon him) said: (Arabic******************)
In reality, the One who sets prices is Allah Himself. He raises prices, and He makes them cheap. He is the Provider. I wish to meet Allah in such a state that no one will have a claim against me for any oppression, bloodshed, or seizure of wealth and property. (Ahmad, Abu Dawud, al-Tirmidhi, Ibn Majah)
Through this hadith, the Noble Prophet (peace be upon him) declared that imposing interference or control over individual freedom without any necessity is oppression, and he wished to meet Allah free and pure from such oppression.
But if abnormal pressure is brought to bear on market prices—for example, if the hoarding of essential goods begins and hoarders start manipulating prices—then prices must be fixed for the welfare of the community. This can protect the people from exploitation by those who charge excessive prices.
Therefore, the meaning of the aforementioned hadith is not that fixing prices is oppression and prohibited under every circumstance, even when it is done to remove people’s hardship or save them from clear oppression. Rather, Islamic scholars have said that price fixing is of two kinds. One kind oppresses people and is haram. In another situation, price fixing is demanded by justice and fairness; it is then permissible and necessary.
Therefore, if an unjust price is imposed on people against their consent, while they are prevented from dealing in permissible goods, that is haram. Conversely, if prices are fixed to establish justice and fairness among people—by requiring goods to be sold at the customary price (standard price), or by preventing sellers from charging more than the customary exchange value—then this is not merely permissible; it is obligatory.
The first-mentioned hadith is cited in relation to the first situation. Thus, when people sell goods according to customary practice without any oppression or excess, and prices rise because goods are scarce or the population has increased, the entire matter should be entrusted to Allah. In such a situation, forcing people to sell at a price fixed by the government is nothing but unnecessary excess.
In the second situation, if merchants do not sell goods despite people’s need, or demand more than the current price, then selling goods at the customary price is also obligatory. In this case, fixing the price means making the customary price binding for the people. It means compelling merchants to follow the justice that Allah has made necessary and obligatory.
(Arabic******************)
The Hoarder of Goods Is Cursed
Although Islam grants complete freedom in buying, selling and natural competition, it is not prepared to tolerate people, driven by selfishness and greed, outbidding others and continually inflating their own wealth. Islam is strict in all matters involving foodstuffs and goods of common and daily necessity for the people. For this reason, the Noble Prophet (peace be upon him) issued warnings against hoarding goods in various stern and forceful words. In one hadith he said: (Arabic******************)
Whoever hoards foodstuffs for forty nights has severed his relationship with Allah, and Allah has severed His relationship with him. (Ahmad, al-Hakim)
The Noble Prophet (peace be upon him) also said: (Arabic******************)
No one hoards goods except a sinful person. (Muslim)
The word “sinful” here does not carry a simple meaning. The statement “whoever hoards goods is sinful” is literally correct. In the Noble Qur’an, this word is used regarding great disbelievers and rebels against God, such as Pharaoh and Haman. It says: (Arabic******************)
Indeed, Pharaoh, Haman and their armies were great sinners.
Explaining the mentality and repulsive attitude of the hoarder, the Noble Prophet (peace be upon him) said: (Arabic******************)
A hoarder is an extremely bad person. If he hears that prices have fallen, he becomes very distressed. But if he hears that prices have risen, he becomes extremely delighted. (Razin)
He also said: (Arabic******************)
The one who brings goods into the market receives provision, while the hoarder is cursed.
The reason is that a trader can make a profit in one of two ways. One is to hoard goods in the hope of selling them at a higher price. That is, if he withholds the goods, a severe shortage will appear in the market and people will be placed in great difficulty. Then, whatever price he demands, no matter how high and excessive, people will be forced to buy them at that price.
The second is for the trader to bring goods to the market and sell them with only a small profit. He then uses this capital to bring in other goods, from which he also earns a profit. In this way his business continues, and as the goods sell more rapidly, he continues to earn small profits. This principle and method of earning profit benefits society as a whole. It increases blessing. As the Noble Prophet (peace be upon him) said, this trader receives provision.
How great a crime hoarding goods and manipulating commodities is becomes clear from another statement of the Noble Messenger. Ma‘qil ibn Yasar (may Allah be pleased with him) narrated that when he fell ill, the Umayyad governor ‘Ubaydullah ibn Ziyad came to visit him. Addressing him, he said, “O Ma‘qil, do you know what unlawful blood I have shed?” He replied, “I do not know.” He asked, “Do you know whether I have interfered in the commodities of the Muslims?” He replied, “I do not know that either.” Then Ma‘qil said to the people, “Sit me up.” They sat him up, and he said, “O ‘Ubaydullah, listen. I am going to relate to you a hadith that I did not hear from the Noble Messenger only once or twice. He said: (Arabic******************)
If anyone interferes with commodities for the purpose of raising their price for the Muslim people, Allah has the right to make him sit upon fire on the Day of Resurrection. (Ahmad, al-Tabarani)
Hearing this, the Umayyad ruler said, “Did you yourself hear this hadith from the mouth of the Noble Messenger (peace be upon him)?” He replied, “Yes—not merely once or twice.”
On the basis of these hadiths and their indications, the scholars have derived the ruling that hoarding goods is haram under two conditions. One is this:
Goods are hoarded in a place and at a time when this will cause great hardship to the people.
The second is that the purpose and aim is to obtain a higher price, causing the amount of profit to increase greatly.
Artificial Interference in the Freedom of the Market
The Noble Prophet (peace be upon him) prohibited another practice resembling the hoarding of goods: city dwellers buying goods from villagers. This occurred when someone from outside the city brought goods to the city market intending to sell them at the current price. A city resident would say, “Leave these goods with me; I will sell them later at a higher price and return the money to you.” If the person who came from the village had sold the goods himself, they would have been sold cheaply. He himself would have made a profit, and others—the buyers in the city—would also have benefited.
Such buying and selling was very widespread in the society of that time. Anas (may Allah be pleased with him) said: (Arabic******************)
We were forbidden for any city dweller to sell the goods of a villager—even if that person was his own brother, father or mother.
This shows that in Islam the importance of collective welfare is far greater than that of personal relationships and kinship.
The Noble Prophet (peace be upon him) said: (Arabic******************)
No city dweller should sell the goods of a villager. Leave the people alone. Allah will provide some of them with provision through others.
This statement of the Noble Messenger (peace be upon him) is important. It yields a major principle concerning commerce: the exchange of goods in the market and the natural process of exchange must be given a free opportunity to operate on their own. If there is no interference in this matter, people will naturally be able to obtain their own provision.
The correct meaning of the aforementioned hadith was asked of Ibn ‘Abbas. He replied: (Arabic******************)
There should be no broker between the seller and the buyer. (Bukhari)
This means that if someone informs him of the price, advises him, acquaints him with the market conditions, and takes no payment for it, there is no harm in that. His advice is offered purely for Allah’s sake. Giving advice is part of the religion; indeed, it is the whole of the religion. It is recorded in an authentic hadith: (Arabic******************) The religion is sincere counsel, or sincere counsel is the religion.
It is stated in another hadith: (Arabic******************)
When any of you is asked for advice, it is his duty to advise his brother.
A broker is generally eager to receive his fee. In such matters, he often forgets the welfare of ordinary people.
Brokerage Is Permissible
There is no harm in brokerage in other matters. It is a form of guidance, establishing contact between buyer and seller, and serving as an intermediary. Both parties benefit from it. Each party faces considerable difficulty in handling the matter alone. In the present age, there is a great need for intermediaries in import-export trade and between retail and wholesale traders. Compared with any earlier time or age, this need is more intense today. There is no denying the important role of the broker in this.
Therefore, there is no harm if the broker receives a specified fee in cash, a commission at an agreed rate from the profit, or any other payment mutually agreed upon by both parties. Imam Bukhari wrote that the renowned jurists Ibn Sirin, ‘Ata’, Ibrahim and Hasan saw no harm in accepting payment for brokerage. Ibn ‘Abbas (may Allah be pleased with him) said: If one person tells another, “Sell this cloth, and whatever extra you receive is yours,” that is completely permissible. Ibn Sirin said: “Sell this item at this price; whatever more you receive will be yours, or we will divide it between you and me.” If the sale is conducted on this basis, there is no harm in it. This brokerage business, a form of commission agency, is completely permissible. The Noble Prophet (peace be upon him) said: (Arabic******************)
Muslims are bound to abide by their mutual conditions. (Bukhari)
Profiteering and Deception Are Haram
Along with prohibiting artificial interference in the market or in natural commodity prices, the Noble Prophet (peace be upon him) also explicitly prohibited profiteering and deception. A term is used in the hadith to convey this meaning. Ibn ‘Umar (may Allah be pleased with him) explained it as offering more than the fair price of a commodity even though one does not intend to buy it, doing so so that others will follow one’s bid when they hear it. This is generally done with the aim of deceiving others.
In order to keep commerce free and pure from profiteering and commodity prices free and pure from deception, the Noble Prophet (peace be upon him) prohibited purchasing goods before they reached the market, outside the market, because otherwise the arrival of goods at the actual market would be obstructed. Consequently, the correct price could not be determined. The correct price can be determined in proportion to the supply of goods in the market and their demand. But in the situation described above, the seller cannot learn anything about market prices. For this reason, the Noble Prophet (peace be upon him) declared that after the goods reach the market, the seller has the right to cancel the earlier transaction. (Arabic******************)
Whoever Deceives Is Not One of Us
Islam has declared every form and method of deception and fraud haram. Whether in buying and selling or in other human dealings, a Muslim must adopt honesty and fairness. In Islam’s view, “sincere counsel within the religion” is far more valuable and important than every kind of material earning and livelihood.
The Noble Prophet (peace be upon him) said: (Arabic******************)
As long as the buyer and seller have not separated from their conversation, they retain the option to cancel the contract. If both are honest and disclose the defects of the goods, their transaction will be blessed. But if both resort to lies and conceal defects, the blessing of their transaction will be erased. (Bukhari)
He also said: (Arabic******************)
No one may lawfully sell a commodity without disclosing its defects. If a person knows of a defect but does not disclose it despite knowing, it is not lawful for him either. (al-Hakim, al-Bayhaqi)
The Noble Messenger (peace be upon him) went to the market and saw a man selling grain. He liked it very much. Then he put his hand into the pile and found that his hand became wet. He asked the seller, “O grain merchant, what is this?” He replied, “It was soaked by rainwater.” Then the Noble Prophet (peace be upon him) said: (Arabic******************)
Why did you not place the wet grain on top of the pile so that buyers could see it? … This is deception. Whoever deceives us is not one of us. (Muslim)
According to another narration, the Noble Prophet (peace be upon him) went to another food seller. He was sitting with very good goods. The Prophet put his hand inside them and found that very poor-quality food was underneath. He said to him: (Arabic******************)
Sell this food separately and that food separately. Know that whoever deceives us is not one of us. (Ahmad)
The Muslims of earlier times followed this principle. They clearly stated whatever defects the goods had. They concealed nothing. They always spoke the truth in buying and selling and did not resort to lies. They sought people’s welfare and did not deceive anyone.
The renowned jurist Ibn Sirin sold a she-goat. He told the buyer, “I want to discharge my responsibility by telling you that the goat has a defect: it scatters grass here and there with its feet.”
Hasan ibn Salih sold a female slave. He told the buyer that the girl had once spat blood. It had happened only once. Even so, his believing heart could not remain silent without mentioning it, although he feared that this might reduce the price.
Repeated Swearing of Oaths
When false swearing is combined with deception, the act becomes even more haram. The Noble Prophet (peace be upon him) explicitly prohibited merchants from swearing oaths in general, and especially from swearing false oaths. He said: (Arabic******************)
Goods may be sold through swearing oaths, but no blessing is received.
The Noble Prophet greatly disliked excessive swearing in sales. First, it creates the risk that the two parties to the contract will fall into deception. Second, it risks diminishing the honor of Allah’s holy name.
Shortchanging in Measure and Weight
Giving less when measuring goods with a container or weighing them on a scale is also a form of deception. The Noble Qur’an places great emphasis on this matter and includes it among the ten commandments at the end of Surah al-An‘am. The verse is: (Arabic******************)
Fill the measuring vessel and the scale of weight completely and with justice. We do not burden any person with a responsibility beyond his capacity.
He said: (Arabic******************)
And when you measure, measure fully, and weigh with a sound and accurate balance. That is most beneficial and best in outcome. (Surah Bani Isra’il: 35)
He said: (Arabic******************)
Great woe is for those who give short measure and weight. When they take a measure from people, they take it in full. But when they measure or weigh for them, they give less. Do they not think that they will be resurrected on that terrible day when all people will stand before the Lord of the worlds? (Surah al-Mutaffifin: 1–6)
It is the duty of every Muslim to adopt, to the best of his ability, complete justice and fairness in this matter. Perfect and absolute justice may be difficult to conceive. For this reason, while commanding full measurement, the Qur’an also says: We do not place responsibility for any task upon anyone beyond human capacity.
The Noble Qur’an mentions the stories of nations that acted unjustly in their dealings and transactions, especially those that violated justice in measurement and weighing and cheated people when selling goods to them. Allah sent prophets and messengers to these nations. They tried to reform them and lead them toward justice, just as they tried to make them believers in tawhid.
Among them are the people of the Prophet Shu‘ayb. He called them loudly and warned them about the consequences of disobedience. Addressing them, he said: (Arabic******************)
Give full measure and do not be among those who cause loss to people. Weigh with a sound balance and do not give people less of their goods, and do not spread corruption in the land by transgressing. (Surah al-Shu‘ara’: 181–183)
This instruction is obligatory for Muslim society. They must follow this principle in their relations with people and in all their mutual dealings. Therefore, it is not permissible for them to buy and sell using two different measures and two different standards of weight: one standard for themselves and another general standard for others; one kind of conduct for themselves and their loved ones and a different standard for ordinary people. Islam completely rejects this. Otherwise, a person will take his own and his followers’ due in full, and even take more, while giving less to others and causing them harm. There can be no greater injustice than this.
Buying Stolen Goods
Islam has declared war against crime and criminal tendencies. It has confined criminals within a narrow sphere. Therefore, it is not permissible for a Muslim knowingly to purchase property that has been abducted, stolen, or unjustly taken from its owner, because doing so would assist the abductor, thief, or robber in his crime. The Noble Prophet (peace be upon him) said:
Whoever knowingly purchases stolen property becomes a participant in the thief’s sin and wrongdoing. (Bayhaqi)
Even if a long time passes after property is stolen, its sin does not disappear. For in Islam, the passage of time does not make the unlawful lawful, nor does it nullify the right of the rightful owner. Human-made law has also adopted this principle.
Usury Is Unlawful
Earning profit on capital through trade is entirely permissible in Islam. Allah Most High has said:
O you who believe! Do not consume one another’s property wrongfully. However, if it is through trade conducted with the mutual consent of all concerned among you, there is no blame.
The Qur’an praises those who engage in trade and travel across different lands, saying:
And others who travel throughout the land, seeking Allah’s bounty. (Surah al-Muzzammil: 20)
But Islam has completely closed and prohibited the easy path of earning “profit” through usury. Whether the amount is small or large, all of it has been declared unlawful in Islam.
Whether the amount is small or large, it is all unlawful. The Jews were forbidden to engage in this usurious business, but despite that, they did so. For this they were reprimanded. Among the final verses revealed in the Qur’an is this verse:
O you who believe, fear Allah and give up whatever remains of usury, if you are believers. If you do not, then be prepared for war from Allah and His Messenger. But if you repent, you may have your principal back. You will neither commit injustice nor suffer injustice. (Surah al-Baqarah: 278–279)
The Noble Messenger (peace be upon him) declared war against usury, usurers, and those engaged in usurious dealings. He gave a clear explanation of the danger that results from usury and descends upon the life of society. He said:
When usury and fornication become widespread in a country or city, Allah’s punishment upon its people becomes inevitable. (Hakam)
This is not an isolated declaration of Islam among the heavenly religions. In the Old Testament of the Jewish scriptures, it is said:
If you lend money to any of my people who is poor and distressed, one of your own people, do not act toward him like a usurer; do not impose interest upon him. (Exodus, chapter 22, verse 25)
And it is said in the Christian scriptures:
Love your enemies, do good to them, and lend without ever losing hope; then your reward will be great. (New Testament, Luke, verse 35, chapter 6)
It is deeply regrettable that the Old Testament was altered so that the prohibition against lending money at interest was restricted only to the Jewish people. The word “brother” was understood to mean only them, while an unrestricted opportunity was created to conduct interest-based lending with others.
The Rationale for Prohibiting Usury
Islam has adopted great strictness regarding usury and has prohibited it in emphatic terms. In doing so, it has promoted human welfare as a whole and protected morality, society, and the economy from destruction.
In explaining the rationale for the prohibition of usury, the scholars have mentioned several serious reasons, which have become even more evident through modern analysis and reflection.
We consider it sufficient here to mention what Imam al-Razi wrote in his tafsir on this subject. He wrote:
First, usury takes money from people without giving anything in exchange. For whoever sells one coin for two coins receives one additional coin without having to give anything for it. People need money to fulfill their needs, and it also possesses a special and great dignity. It is stated in a noble hadith:
Human wealth has the same sanctity as human blood.
For this reason, accepting it without giving anything in exchange should rightly be completely unlawful.
Second, dependence on obtaining money through usury turns people away from and discourages them from earning through labor. When additional money can be obtained through usurious business or interest-based investment, whether immediately or later, people will feel no need to work, trade, or labor in industrial production. As a result, the system of collective welfare will be torn apart. If trade, commerce, industry, agriculture, construction, and similar activities are not carried out, no hope or thought of the welfare of humanity can remain.
In our view, this is the reason why usury is prohibited from an economic perspective.
Third, it disrupts the customary system of lending and borrowing among members of society. When usury is regarded as unlawful, people will be prepared to return exactly one coin when they borrow one coin. But if usury is lawful or customary, need will compel people to give and receive two coins instead of one. As a result, mutual kindness, goodwill, compassion, and mercy among people will cease to exist.
This is the moral reason why usury is prohibited.
Fourth, the lender is generally wealthy, while the borrower is poor. If an interest-based lending system is maintained, the wealthy person will be given the right to take additional money from the poor and weak person. But under the merciful system established by the Most Merciful Allah, this can never be permissible.
This is the reason for the prohibition of usury from a social perspective. It means that the usurious system provides the strong with unrestricted opportunity to exploit the weak. Consequently, the rich become richer, while the poor are cast into even greater poverty; one class in society grows wealthier day by day by exploiting and destroying many other classes. As a result, hatred and hostility among society’s various classes grow increasingly intense. The fire of conflict and struggle between people continues to blaze fiercely within society. Ultimately, this leads to total destruction and collective catastrophe. The history of modern society also proves the truth and validity of this statement. It is seen that usury and usurers themselves have become a major threat to politics, the state, administration, peace, and security.
The Usurer and the Writer of the Usurious Contract
It is generally wealthy people who consume usury and lend on the basis of interest. Lending money to a debtor in this way means requiring him to return an additional amount over the principal. Such a person is accursed both by Allah and by the people. But in Islam, not only those who consume usury are guilty; those who pay it and those who facilitate its payment also share in the offense. Those who write the usurious contract and those who witness it are no less guilty. It is stated in a hadith:
Allah Most High has cursed all those who consume usury, facilitate its payment, bear witness to it, or write its contract. (Musnad Ahmad, Abu Dawud, al-Nasa’i, Ibn Majah)
However, if an extreme necessity arises to take a loan on the basis of interest, only the usurer will be sinful. But:
1. There must truly be a necessity. The aim must not merely be to fulfill personal wants or expand developmental activities. Necessity means a condition from which a person cannot escape despite trying, except by preparing to destroy himself. For example, people may sometimes be compelled to take an interest-based loan to meet essential needs such as food, clothing, and medical treatment.
2. It must be limited solely to fulfilling one’s need. Thus, if ten coins are needed, eleven may not be taken.
3. One must make every possible effort to free oneself from usury. It is the duty of the Muslim community to help a person facing such hardship. But if a person in difficulty finds no alternative to taking an interest-based loan, he may take it, provided that he does not develop any desire for it and does not exceed the limits in this matter. In such a situation, Allah may forgive him.
4. If forced by hardship to do this, he must do so with extreme aversion. He must not be pleased with it, but should express his dissatisfaction. This may be done only until Allah provides him with another arrangement.
The Prophet Sought Refuge from Taking Loans
Every Muslim should know that Islam has instructed people to create balance in life and follow a moderate path in economic matters. Allah Most High has said:
Do not transgress, for Allah does not love those who transgress.
Do not spend wastefully, for those who spend wastefully are brothers and companions of Satan. (Surah Bani Isra’il: 26–27)
The Glorious Qur’an has instructed Muslims to spend wealth in the way of Allah. But it has not instructed them to spend all the wealth Allah has given them; rather, it has instructed them to spend a portion of it. A person who spends some portion of his earnings in the way of Allah will probably never become poor or needy. The necessary implication of adopting this moderate and balanced principle is that no Muslim should ever be compelled to take a loan. In particular, the Noble Prophet (peace be upon him) never approved of Muslims taking loans, because for a free and dignified person, debt becomes a cause of anxiety at night and humiliation during the day. The Noble Prophet (peace be upon him) always sought refuge in Allah from taking loans. He used to make this supplication:
O Allah! I seek refuge in You from the increasing burden of debt and from furious wrath.
He would say:
I seek refuge in Allah from disbelief and debt.
A man asked, “O Messenger, in your view, are disbelief and debt equal?” He replied, “Yes.”
He would often recite this supplication in prayer:
O Allah, I seek refuge in You from sin and debt.
Once he was asked:
O Messenger! Why do you seek refuge from indebtedness so frequently? He replied, “When a person becomes indebted, he speaks and lies, and he makes a promise and breaks it.” (Nasa’i, Hakim)
These hadiths conclusively and clearly demonstrate how serious indebtedness is from the perspective of morality.
When the body of a deceased person was brought to the Noble Prophet (peace be upon him) for the funeral prayer, and he learned that the person had died in debt without leaving anything with which it could be repaid, he would not perform the funeral prayer over him. By refraining from the funeral prayer, he merely wished to warn people of the grave consequences of indebtedness. Later, when abundant spoils and wealth came into the hands of the Noble Messenger (peace be upon him), he would arrange for the deceased person’s debt to be repaid from that wealth. He said:
All the sins of a martyr are forgiven, but debt is not forgiven. (Muslim)
In light of these statements, it must be said that a Muslim should never take a loan. An exception applies only when one faces an extreme and severe necessity. If he does become indebted in such a situation, he must always maintain a strong intention to repay it. It is stated in a hadith:
Whoever takes a loan from others with the intention of repaying it, Allah will arrange for its repayment. But whoever takes a loan intending not to repay it or to squander it, Allah will ruin him. (Bukhari)
Indeed, when a Muslim cannot be prepared to take a loan except under extreme compulsion, how can he be forced to take a loan on the basis of interest?
Buying on Deferred Payment at a Higher Price
Another matter here seems to require explanation. Just as purchasing goods for cash is permissible, purchasing them on deferred payment by mutual agreement is also not impermissible. However, a fixed term must be specified. The Noble Prophet (peace be upon him) himself purchased food on credit from a Jew for his household, and he pledged his armor as security for it.
But if a seller sets a higher price because payment is not made in cash and the purchase is deferred—as many major merchants sell goods at an increased price on the condition that payment be made in installments—many jurists consider such a sale unlawful. This is because the higher price is charged in exchange for delaying payment, and that is a form of usury. However, the majority of scholars and jurists consider such a sale permissible. They say that buying and selling is fundamentally lawful and permissible, and no evidence can be found to declare it unlawful. Such a transaction is also not identical in every respect to usurious dealings. They believe that, for several reasons, a seller may set an additional price because he is selling on deferred payment and has the right to do so. However, the price must not be excessively high, and no condition that amounts to injustice toward the buyer can be accepted. Otherwise, it too will be unlawful.
Imam al-Shawkani wrote: Apparently, such buying and selling is permissible, because there are several general proofs supporting it. It is also permissible according to the opinions of al-Shafi‘i, Abu Hanifah, Zayd ibn ‘Ali, and other jurists.
Paying the Price in Advance and Receiving the Goods Later
In Islamic terminology, giving a specified amount to the seller in advance and receiving goods in exchange after a specified period has passed is called a salam sale, and it is permissible. It was widespread in Madinah. However, the Noble Prophet (peace be upon him) imposed several conditions on it; when these are observed, it remains fully consistent with the Shariah.
Hazrat Ibn ‘Abbas (may Allah be pleased with him) said: The Noble Prophet (peace be upon him) came to Madinah and found that the people of Madinah were paying in advance so that they could receive crops in exchange after one or two years.
Then the Noble Prophet (peace be upon him) said:
Whoever enters into an advance purchase agreement must specify its weight, measure, and time.
If the quantity, weight, and time are specified beforehand, there is little danger of disputes and disagreements between the parties. The opportunity for deception is also greatly reduced. This is why the Noble Prophet (peace be upon him) prohibited advance purchases of the fruit of particular trees, because they carry the risk of deception and fraud. Sometimes, because of a natural disaster, a tree may not bear any fruit at all. This then creates a very serious situation.
The correct method for this type of transaction may be not to stipulate the produce of a particular tree or a particular field. The transaction may be made by specifying only the weight and quantity. But if an unlawful advantage is extracted from the owner of the tree or land—that is, if he is compelled to enter into the transaction—then there is a possibility that it will be unlawful.
Mutual Cooperation between Labor and Capital
Some say that Allah Most High, according to His own creative wisdom, has blessed people with His limitless bounties. There are many people with boundless knowledge, talent, and ability to work, but they have no money. Conversely, there are many people whose wealth is limitless, but who lack ability and competence. The question then arises: Why do those who possess wealth not place it in the hands of capable people? With it, they could work hard and make that wealth more beneficial. The owners of wealth could also become partners in substantial profit in exchange for their capital.
In answer to this question, we say that Islamic Shariah has created no obstacle to coordination and cooperation between capital and ability, or between capital and labor. Rather, on the basis of justice and fairness, it has devised a method of cooperation under a sound and accurate system of management. Therefore, if a wealthy person wishes to engage in a profitable business with his partner on the basis of partnership, he must responsibly accept all the consequences of that partnership. In the terminology of Islamic Shariah, this is called mudarabah or qirad. The jurists have stipulated that both parties in the business must share in everything, profit and loss alike, and divide the proportion between themselves. One party may receive fifty percent, one-third, or one-quarter, and the remainder belongs to the other party. Once the basic business arrangement has been established, any profit must be distributed between the two parties according to the agreement. If there is a loss, it must be deducted from the profit and divided according to the agreed proportion. If the loss exceeds the profit, the additional loss must be taken from the capital. There is nothing surprising in requiring the capital owner’s share of the loss to be deducted from his capital, because his partner must also bear the loss of his labor and effort.
This is Islam’s ruling on the matter. Setting a fixed profit for the owner of capital and guaranteeing it—continuing to pay him profit whether there is profit or loss—is entirely contrary to the principles of justice and fairness. It gives capital an unnecessarily excessive and unwarranted priority over ability and labor. Moreover, it conflicts with a way of life that provides people with profit while also exposing them to loss. Not only that, it supports the tendency to guarantee earnings. The person then has no need to work and no reason to bear the risk of loss. Consequently, it effectively becomes like usury and usurious dealings.
The Noble Prophet (peace be upon him) prohibited cultivating land under an arrangement in which one party would receive the produce from a particular section of the land and the other party the produce from another specified section. He also prohibited sharecropping based on a specified quantity of the crop. This is exactly like usury or gambling. It may happen that no crop grows in that particular section of land, or that the crop does not exceed the specified amount. Then one party may be completely deprived, while the other gains in full. Such an arrangement can never be just.
Mudarabah is permissible in Islam. But the condition is that, without regard to the actual profit or loss of the business, one party may not be guaranteed a fixed profit. There is consensus on this view. If such a condition is imposed, mudarabah will become impermissible for the same reason that makes it impermissible. Mutual cultivation of land also becomes impermissible for a similar reason. The jurists say that if one party stipulates a fixed amount of money as profit, and the business produces exactly that amount, it would mean that one party has received all the profit; indeed, there is also the possibility that no profit will be made at all. If the business is undertaken on the condition of receiving a larger profit, the other party will inevitably suffer a loss.
The reason stated above is entirely consistent with the fundamental spirit of Islam. Indeed, all Islamic principles and rulings are founded upon firm, clear, and unadulterated justice.
Mutual Partnership in Capital
Just as it is permissible for a person to invest his own capital, at his discretion, in any lawful activity and earn profit from it, and to give it to an experienced and qualified person to conduct business according to the rules of mudarabah, it is likewise entirely permissible for people who invest capital to join together by mutual agreement and establish an industrial concern, business firm, or organization, or to engage in another business on the basis of mutual partnership. Many types of business require the combined efforts of numerous intelligent hands and a large amount of capital. This can be achieved only through mutual cooperation and partnership. Allah Most High has said:
Cooperate with one another in goodness, righteousness, and piety toward Allah.
Any work undertaken to promote the welfare of individuals or society, or to prevent harm, is undoubtedly an act of goodness and piety toward Allah. The condition, however, is that it must be carried out with good intentions and a sound state of mind.
Islam has not merely declared mutual partnership permissible and proper; rather, it has said that blessing lies therein. Just as it promises Allah’s help in this world, so too there is hope of abundant reward in the Hereafter. However, partnership must be conducted within permissible limits and with careful avoidance of interest, deceit, fraud, oppression, greed, and betrayal. The Noble Prophet (peace be upon him) said regarding such business partners: ( Arabic******************)
Allah’s help remains with the two partners as long as neither of them acts treacherously toward the other. If one betrays the other, Allah withdraws and terminates that help.
The Noble Messenger (peace be upon him) quoted Allah’s words as follows: ( Arabic******************)
I am the third of two business partners as long as neither betrays the other. If one betrays the other, I withdraw from between them, and Satan enters there.
Insurance Companies
One very modern form of business is the insurance company. Insurance takes various forms, notably life insurance, accident insurance, and fire insurance. But the subject under discussion is the ruling of Islamic Shariah on this matter. Will Islam permit this kind of business? Before answering this question, it is necessary to understand the nature of insurance companies. It is also necessary to know what kind of relationship the person who takes out insurance has with the insurance company. In other words, is the policyholder considered a partner in the company’s principal organization? If so, the policyholder must share equally in the profits and losses of the principal business. In accident insurance, the policyholder must pay the company a fixed amount annually. If the business insured suffers no accident, the company takes and retains all the money paid by the owner of that business, returning none of it. If an accident does occur, however, the stipulated amount is collected as compensation. But this arrangement is not consistent with the nature of partnership or business.
The rule of life insurance is that if insurance is taken out for two thousand taka and death occurs after the first installment has been paid, the policyholder is entitled to receive the full two thousand taka. But if he were like a partner in the principal business, he should receive only the amount of the installments paid and the profit corresponding to that amount. Secondly, if the policyholder violates the company’s regulations and becomes unable to pay the installments, he must forfeit all or part of the money already paid. It goes without saying that this rule is unjust, oppressive, and based on an invalid condition.
Even if both parties accept this condition by mutual consent and enter into such a contract—after fully understanding their respective interests—it will still not be permissible. For those who charge and pay interest also enter into such contracts by mutual consent. Gamblers likewise consent to one another; such consent can never make the unlawful lawful. This kind of consent is unacceptable. It is not the case that it contains no deceit or transgression at all. The profit of one party is certain, while the other party’s gain is entirely uncertain. In such matters, the foundation must be complete, untainted justice and fairness. This must be ensured in every respect so that neither one is harmed nor others placed at a loss.
Is an Insurance Company a Mutual Aid Organization?
The relationship between the policyholder and the insurance company is not like a partnership. What, then, is the nature of their relationship? Is it a relationship of mutual assistance? Are these institutions mutual-aid organizations operated through the cooperation or partnership of donors? Is financial participation undertaken for the purpose of helping one another? Clearly, it is not.
A sound procedure should be adopted for mutual assistance. Its objective should be to help people in distress, and money should be collected for this purpose. Accordingly, attention must be paid to the following matters:
1. Each person should donate a specified amount as a contribution to brotherhood, and only those afflicted by need should be helped from this fund.
2. Only lawful means may be used to benefit from the fund.
3. No one should donate with the intention of receiving a fixed amount if an accident occurs. Rather, there should be an arrangement for payment from the institution’s fund according to its capacity, so that full or adequate compensation may be provided. ( Arabic******************)
4. A donation is a donation. It is entirely unlawful to reclaim it. Therefore, when an accident occurs, the matter must be considered and judged according to the rulings of Shariah.
These conditions can apply only to certain organizations and institutions established specifically for this purpose. Individuals would pay their monthly contributions as donations and have no right to reclaim them. There would be no condition stipulating that they must receive a specified amount in times of hardship.
But these conditions are not imposed at all by insurance companies, especially in life insurance. Its situation is entirely different.
1. Policyholders do not pay the installments as donations. The thought does not even occur to them.
2. Insurance companies invest their capital in unlawful interest-bearing transactions and earn profits. But no Muslim may participate in interest-based dealings. On this matter, both the lenient and the strict agree.
3. After the insurance contract expires, the policyholder takes back all the installment money. Along with it, he receives additional money. What else can this additional money be considered except interest?
Similarly, giving a wealthy, capable person more money than a needy, poor person is completely contrary to the spirit of mutual assistance. For it is seen that a wealthy person takes out insurance for a large amount. Consequently, at the time of death or an accident, he is given a correspondingly much larger sum. But the spirit of assistance would require money to be given according to need.
4. A person who wishes to terminate the insurance contract must suffer a substantial loss on the money he has paid. But from the standpoint of Shariah, there is no valid reason for imposing such a loss.
Changes and Amendments
Despite all this, it is possible to amend the accident-insurance system currently in use and bring it very close to Islamic principles and rules. For this purpose, the policy of accepting donations on the basis of a condition of exchange should be adopted. The policyholder would provide financial assistance to the company on the condition that, if an accident occurred, the company would compensate him; thus he would be helped and the severity of his hardship reduced. According to some jurists, such a contract is permissible. If such changes and amendments are implemented in insurance and the operations of insurance companies are made free of interest, it may be considered permissible. But the entire matter of life insurance lies very far from the rulings of Shariah.
The Insurance System in Islam
We have seen that insurance companies today do not operate according to Islamic rulings. But this does not mean that insurance itself is contrary to Islam. In fact, it is not. The point is that only the principles currently in practice are inconsistent with Islam. If Islamic rules and principles are adopted, it will certainly be acceptable from Islam’s perspective.
The truth is that the Islamic way of life has put in place an insurance-security system for the Muslim population and those living under the authority of an Islamic state, through a collective maintenance system or the public treasury, that is, the Bayt al-Mal. Islam’s Bayt al-Mal is, in reality, an insurance company for the people. It benefits all who live under its authority.
Islam has assumed responsibility for helping and assisting individuals during accidents and calamities. If someone falls into difficulty, he may present his problem to the responsible government official. The government will accordingly arrange compensation for him. Security has also been guaranteed for helpless heirs after death.
The Noble Prophet (peace be upon him) said: ( Arabic******************)
My relationship with every Muslim is closer than his relationship with himself. Whatever wealth a Muslim leaves behind will go to his heirs. But whoever leaves behind a debt or dependent young children, responsibility for paying that debt and caring for those children falls upon me.
An important security measure Islam has established for the Muslim population is the category designated for expenditure from obligatory zakat: ( Arabic******************) those burdened by debt. Some early Qur’an commentators explained this term as follows: ( Arabic******************)
A person whose house has completely burned down, or whose wealth has all been swept away by floods and storms, is included among the gharimin.
Producing Crops on Agricultural Land
When a Muslim acquires ownership of agricultural land in accordance with Shariah, it becomes his definite duty to cultivate it and obtain crops, or to plant trees and harvest their produce. Leaving land idle without cultivation is unlawful in Islam, because doing so shows disregard for the blessings given by Allah. It may also be called a waste of wealth and property. Yet the Noble Prophet (peace be upon him) explicitly prohibited destroying wealth and property. A landowner may adopt various methods and procedures to benefit from his land.
Various Ways of Utilizing Land
The landowner may cultivate the land himself. He may plant trees and arrange proper irrigation. As a result, crops will grow in the land or trees will bear fruit. This is indeed a highly commendable deed. The owner will receive the reward for all people, birds, and animals that benefit from these fields and orchards. It is well known that the great Companions of the Noble Messenger (peace be upon him) engaged in agriculture and the establishment of orchards.
The Second Method
The landowner may be unable to cultivate his own land. In that case, he may lend it to someone who will complete the cultivation using his own equipment, laborers, seeds, and animals. The landowner himself will take nothing from it. Lending land in this manner is desirable and praiseworthy in Islam. It is narrated from Abu Hurayrah (may Allah be pleased with him) that the Noble Messenger (peace be upon him) said: ( Arabic******************)
Whoever has land should cultivate it himself; otherwise, he should give it to his brother to cultivate.
Jabir (may Allah be pleased with him) narrated that he said: ( Arabic******************)
In the time of the Noble Prophet (peace be upon him), we cultivated land under the muzabara arrangement. As a result, after harvesting, we would find the grains remaining in the ears here and there. Then the Noble Prophet (peace be upon him) said: Whoever has land should cultivate it himself, or let his brother cultivate it without compensation. If he does neither, he should leave it uncultivated.
Muzabara means cultivating land on the basis of a share of the land.
Based on the apparent meaning of this hadith, some people have said that these are the two Shariah-compliant ways of benefiting from land: either one cultivates it oneself, or one lets someone cultivate it without any payment or exchange. This may be done such that the land belongs to the one who owns it, while the crop belongs to the one who cultivates it.
( Arabic******************)
It is not proper to lease land in exchange for money. Nor may land be given under any other kind of contract. There is only one way: either the owner cultivates it himself, or gives it to someone else without any exchange.
Abdullah ibn Abbas (may Allah be pleased with him) said that the instruction in these hadiths to give away land does not mean that doing so is obligatory. It is only recommended. Giving it away in this manner is a highly commendable act. Ibn Dinar narrated: I asked Tawus, the renowned student of Ibn Abbas: What do you think if I abandon muzabara (sharecropping)? Tawus replied: The greatest scholar, Ibn Abbas (may Allah be pleased with him), told me that the Noble Prophet (peace be upon him) did not prohibit it. He said this as follows: ( Arabic******************)
It is better for you to give your brother land without compensation than to collect ‘rent’ from him. (Bukhari)
Sharecropping
The third method is for a person to cultivate the land using his own equipment, seeds, and animals, while the landowner gives him the land on the condition that he will receive an agreed share of the crop, such as half or one-third. It is also permissible for the landowner to provide the cultivator with the seeds, equipment, and animals. When land is cultivated under this arrangement, it is called mutual sharecropping, sharecropping, mukhabara, musaqat, and so on.
The Noble Prophet (peace be upon him) himself gave the land of Khaybar to be cultivated on the condition of half the produce. (Bukhari, Muslim) The jurists who consider this kind of mutual cultivation permissible rely on the Messenger’s aforementioned practice as their evidence. They say: This is a famous, universally known, sound practice. The Noble Messenger (peace be upon him) practiced it throughout his life until his death. Those who came after him did likewise. After that, the Rightly Guided Caliphs continued to follow his example. There was no household in Madinah whose members did not cultivate in this manner. The wives of the Noble Prophet (peace be upon him) followed this principle as well. This is not something that could have been annulled or abrogated. Abrogation or a change of principle could only have occurred during the lifetime of the Noble Prophet (peace be upon him). Yet the practice he continued until his death was also followed by the caliphs afterward, and the Companions acted upon it by complete consensus, with not a single one opposing or objecting to the principle. How, then, could it have been abandoned and annulled? If it had been abandoned during the lifetime of the Messenger (peace be upon him), how could his followers afterward have continued to cultivate in this manner? How could the matter have remained unknown so that even the Rightly Guided Caliphs did not know it, when the matter of Khaybar was universally known? And where was the person who narrates that it had been abandoned, that he told no one about it? ( Arabic******************)
Mutual Cultivation under an Incorrect Arrangement
Another type of cultivation was practiced in the time of the Noble Prophet (peace be upon him). But it allowed room for deceit, fraud, trickery, and ignorance, which led to quarrels and disputes between the two parties. Therefore, the Noble Prophet (peace be upon him) declared this method of cultivation prohibited. Secondly, Islam seeks to establish clear justice and fairness; since the aforementioned method of cultivation was contrary to justice and fairness, he was obliged to prohibit it.
The method was that the landowner imposed a condition on the cultivator that a quarter of a specified section of land would be set aside and its boundaries fixed for him. From the entire crop, he would receive only the produce of that specified portion, however much it yielded. Alternatively, he would receive a specified measured or weighed amount of produce. The remaining crop would belong solely to the cultivator, or would be divided equally between the two.
But the Noble Prophet (peace be upon him) saw that justice and fairness required both parties to share in the total crop, whether it was small or large. It was not proper to designate a certain portion of land or crop in advance for either one of them. For that part of the land might sometimes yield no crop at all. Then one person alone would obtain what was due, while the other would be deceived and deprived. The specified plot might produce nothing, so one party would receive nothing while the other received everything. In such a situation, the fairest method would be for each party to take its share from the entire crop of the entire land according to their mutual agreement. If the land produced abundantly, both parties would benefit. If it produced little, both would receive less. If it produced nothing, both parties would share in that deprivation. There is no doubt that this method is better for both parties.
It is narrated from Rafi ibn Khadij that he said: ( Arabic******************)
Most of those among us who owned land practiced mutual cultivation. They leased land on the condition that the crop from one corner would be reserved for the landowner. But it would happen that the specified portion produced no crop while the other portion did, and sometimes the specified portion produced a crop while the other did not. For this reason, we were prohibited from cultivating in this manner.
This Rafi said: ( Arabic******************)
The people in the time of the Noble Prophet (peace be upon him) made cultivation contracts concerning the produce of land beside canals and at the mouths of watercourses, or in exchange for giving a portion of the crop. Later, it would turn out that the crop in one section had been destroyed while the crop in another had survived, or the reverse. There was no other method of leasing land available to the people. For this reason, it was prohibited. (Muslim)
The Noble Prophet (peace be upon him) asked: ( Arabic******************)
How do you cultivate and manage your agricultural fields?
The people replied: ( Arabic******************)
We make cultivation agreements in exchange for one-quarter and a specified amount of dates and wheat.
On hearing this, he said: Do not do that. They would first stipulate a specified measured amount and take it off the top. Then the remaining crop would be divided among the cultivators: one would take one-quarter and another three-quarters.
These incidents clearly show that the Noble Prophet (peace be upon him) was particularly eager to establish complete and comprehensive justice and fairness in the society he founded. He was determined to remove from the community of believers everything he feared might give rise to mutual quarrels and disputes.
Zayd ibn Thabit (may Allah be pleased with him) narrated: Two men disputed over land in the presence of the Noble Prophet (peace be upon him). He then said: ( Arabic******************)
If this is how you are situated, then do not lease out agricultural land.
Therefore, every landowner should be compassionate and respectful toward his partner and associate. The landowner should not claim most of the crop. Conversely, the cultivator should not cause the landowner loss with respect to his land. In this connection, it is narrated from Ibn Abbas: ( Arabic******************)
The Noble Prophet (peace be upon him) did not prohibit cultivating land on a mutual basis. Rather, he instructed each of the two parties to treat the other with compassion. (Tirmidhi)
For this reason, when Tawus was told, ‘O Abu Abd al-Rahman! It would be better if we abandoned this mukhabara, for people think that the Noble Prophet (peace be upon him) prohibited people from doing it,’ he said:
I will help them; I will give to them.
They did not think only of earning as much as possible from their own land. They did not want those who labored and toiled on the land to remain writhing in hunger. Rather, they helped them and gave to them. Indeed, this is the characteristic of Muslim society.
Often a landowner leaves the land idle. He neither cultivates it nor plants trees, yet he is unwilling to give the land to any cultivator for a small return. For this reason, Umar ibn Abd al-Aziz instructed the various officials of his caliphate: Let people cultivate land in exchange for one-quarter, one-third, or one-fifth of the crop; he even instructed them to give as little as one-tenth, and prohibited leaving the land uncultivated.
Leasing Land for Cash
The fourth method may be to allow a cultivator to work the land on the condition that he will pay the price in cash.
Many eminent jurists have declared this method permissible. Some other jurists, however, have prohibited it. Their evidence is the sound narration that the Noble Prophet (peace be upon him) prohibited leasing land. Abu Bakr, Umar, Rafi ibn Khadij, Jabir, Abu Said, Abu Hurayrah, and Ibn Umar (may Allah be pleased with them) narrated this hadith. They all say that the Noble Prophet (peace be upon him) categorically prohibited leasing land.
( Arabic******************)
An alternative to leasing land is sharecropping. During his lifetime, the Noble Prophet (peace be upon him) made precisely this agreement with the people of Khaybar, and he remained committed to it until the end. Nothing contrary to it was done during the era of the Rightly Guided Caliphs.
Those who have observed the gradual development of Islamic law at this stage will find Ibn Hazm’s statement entirely clear. He wrote that when the Prophet (peace be upon him) came among them, they used to lease out their cultivated lands. A similar report has also been transmitted from Rafi‘ ibn Khadij (may Allah be pleased with him). The practice of leasing out land continued after the Messenger’s presence just as it had before, without any change. No intelligent person can have the slightest doubt about this. Thereafter, it was authentically narrated from Jabir, Abu Hurayrah, Abu Sa‘id, Rafi‘, Zuhayr (may Allah be pleased with them), the Companions who took part in the Battle of Badr, and Ibn Umar (may Allah be pleased with him): (Arabic******************)
The Prophet (peace be upon him) categorically forbade leasing out land.
There is no doubt that this hadith abrogated the earlier principle of permissibility. Therefore, those who consider leasing land for a cash payment permissible are mistaken. Their view can never be authentically established. However, it may be permissible to lease land in return for a specified share of the crop produced. For it is established from the Prophet (peace be upon him) that, after forbidding the leasing of land, he made an agreement at Khaybar for cultivation in return for a share of the harvest, and this arrangement remained completely unchanged until his death. (Arabic******************)
Many early jurists held this view. Tawus, the renowned jurist of Yemen and eminent Successor, considered allowing land to be cultivated in return for gold or silver to be makruh. But he saw no harm in giving it in return for a share of the crop—whether one-third or one-quarter. When some people objected to this and said that the Prophet (peace be upon him) had forbidden leasing out land, he replied: “Mu‘adh came to us”—the Prophet (peace be upon him) had sent him to Yemen—and he allowed land to be cultivated on the condition of one-third or one-quarter of the crop. We have continued to do this to the present day.
It can be understood from this that, in Tawus’s view, what is forbidden is leasing land for a cash payment. There is no difficulty in allowing land to be cultivated on the condition of sharing the crop.
The same view is known from Muhammad ibn Sirin and al-Qasim ibn Muhammad ibn Abi Bakr al-Siddiq. However, some among the Successors considered leasing land in any form forbidden, whether for a cash payment or on the basis of sharing the crop. But this view is not very strong. For the Prophet (peace be upon him), the Rightly Guided Caliphs, and Mu‘adh (may Allah be pleased with him) themselves cultivated land, or had it cultivated, on the condition of sharing the crop. This undoubtedly establishes the permissibility of this method. In earlier periods, laws were in practice formulated for Muslims according to this principle. However, the prohibition of leasing land in return for a cash payment is established by hadith, and its reasonableness is also beyond doubt.
The Rationale for Prohibiting Cultivation of Land for a Cash Payment
When considered in the light of Islam’s fundamental principles and ideals, it seems preferable that leasing uncultivated land in return for cash should be impermissible.
A. The Prophet (peace be upon him) forbade leasing land in return for a specified portion of the crop produced. Leasing it solely on the basis of a crop ratio is permissible—that is, land may be leased on the basis of one-third or one-quarter of the produce. We believe it is best to establish the share as a percentage. Then both parties will benefit equally from the share of the crop produced. If the crop suffers damage due to some calamity, both parties will share that loss equally. But if one party’s entitlement is fixed, that party will escape the loss, while the other party will inevitably be left in uncertainty. Nothing may come to the latter except dried grass. This is entirely comparable to interest and gambling; there is no fundamental difference between them.
When the matter of leasing land for cash is considered from this perspective, no difference can be seen between it and the prohibited form of sharecropping mentioned above. The landowner certainly receives his payment in cash. But the person who takes the land for cultivation with this money places all his own labor, effort, and capital at serious risk. He has no assurance that he will receive anything from the land. He does not know whether it will yield a crop at all.
B. Moreover, when someone leases an item to another, he is its owner. He is entitled to receive rent because he hands the item over to the lessee after making it suitable for use and benefit. He is entitled to compensation for the depreciation that results from its use. But land requires no preparation in order to be leased for cultivation. The productive power of the land is not created by its owner; it is entirely a gift from Allah. Second, cultivation causes no depreciation of the land: unlike equipment, it does not become dirty, and unlike buildings, it does not grow old.
C. It is also true that when someone rents a house, he stays and lives in it and benefits from it directly. There is no obstacle in between. Similarly, when someone hires a machine, he benefits from that very object itself. But it is not possible to benefit directly from land, and obtaining benefit from it is by no means certain. Land is not like a rented house; gaining benefit from it is uncertain. Rather, when someone leases land, he does so in the hope of benefiting from it. It is with this hope that he puts in labor and effort and spends money and time, yet he may or may not benefit from it. Therefore, it is not correct to regard leasing land as equivalent to renting a house or similar property.
D. It is quoted in an authentic hadith:
The Prophet (peace be upon him) forbade buying and selling fruits while they were still in the fields and orchards, before they had ripened. He explained the reason by saying: “Consider this: if Allah deprives you of the fruit, how can the money you took from your brother be lawful for you? The fruits have begun to ripen, but there is still no assurance that you will obtain them safely, for they may fail to ripen because of some calamity. If this is the situation, then why should it not be forbidden to lease bare land—land on which not even a hoe has been used and into which no seed has been sown? In fact, the correct and just method is mutual cultivation on the basis of sharing the crop proportionately. In that way, both parties share equally in the profit or benefit, and if there is a loss, it falls upon both of them.”
(Arabic******************)
Imam Ibn Taymiyyah said that having land cultivated on the basis of sharing the crop proportionately is consistent with the fundamental principles of Islamic Shariah and its system of justice. An agreement based on sharing the crop is more equitable and just than leasing. For through this method both parties share in both profit and loss. Leasing land is different: the landowner receives the rent, while the lessee may sometimes harvest a crop and may at other times be deprived of it.
(Arabic******************)
Imam Ibn al-Qayyim wrote:
Muslims have practiced the equitable form of mutual cultivation according to the practice of the Messenger (peace be upon him) and the Rightly Guided Caliphs. The descendants of Abu Bakr, Umar, Uthman, and Ali (may Allah be pleased with them) did the same. The leading Companions all considered it permissible. Companions such as Ibn Mas‘ud, Ubayy ibn Ka‘b, and Zayd ibn Thabit (may Allah be pleased with them) held this view. Hadith scholars and jurists including Imam Ahmad ibn Hanbal, Ishaq ibn Rahwayh, Imam al-Bukhari, Dawud ibn Ali, Ibn Khuzaymah, Abu Bakr Ibn al-Mundhir, and Muhammad ibn Nasr al-Marwazi also declared this view correct. The renowned Muslim jurists al-Layth ibn Sa‘d, Ibn Abi Layla, Abu Yusuf, and Muhammad ibn al-Hasan likewise expressed this view.
Ibn al-Qayyim strongly protested the oppression inflicted on farmers by administrators and army personnel in his time. He said: “If these administrators and soldiers dealt with the farmers according to the Shariah given by Allah and His Messenger, they could all receive Allah’s abundant blessings bestowed from above and below. The doors of blessing from heaven and earth would be opened to them. Even if they took one-quarter of what they obtain through oppression and persecution, it would be far more than that. But they are ignorant and oppressive. Thus they have nothing to do except oppression and sin. As a result, they have been deprived of blessing and abundant provision, and because of this, punishment in the Hereafter has been amassed for them. They will receive no blessing in this world.”
If it is asked what ruling Allah and His Messenger gave in this matter, and what principle the Companions followed, what should be the answer?
The answer is: the proper method is the one that is mutually just, by which the landowner and the farmer attain one and the same standard of justice—not the customary practice in which one party is assured of his fortune while the other is cast into the risk of uncertainty. The customs generally prevalent in the world are based on a baseless principle. It is these that have brought so many calamities upon the earth and plunged the people into severe crises. Rain has ceased to fall, blessings have been withdrawn, and most administrators and soldiers have begun consuming what is haram. The Fire of Hell is certainly the fitting place for the flesh that has grown on their bodies from unlawful food.
This equitable agricultural system was the principle followed by the Muslim community, both in the time of the Prophet (peace be upon him) and in the time of the Rightly Guided Caliphs and thereafter. The Prophet (peace be upon him) himself made an agreement with the people of Khaybar to cultivate the land on this basis. This arrangement continued until Umar (may Allah be pleased with him) expelled them. The agreement was that they would cultivate his land at their own expense and provide the seed themselves.
For this reason, according to the scholars, although the farmer should provide the seed, it is permissible for either of the two parties to provide it. Umar (may Allah be pleased with him) made an agreement that if he provided the seed, he would receive half the crop. If the cultivator provided it, he would likewise receive half—that is, even more than half.
Among all the hadith reports concerning mutual cultivation of land, there is no mention that the cultivator should receive less than half; rather, some reports state that he should receive more than that.
In this context, reason suggests that the cultivator’s share should not be less than half. The Prophet (peace be upon him) and the Rightly Guided Caliphs dealt with the Jews of Khaybar in this manner. Therefore, when the crop is distributed, the share of the stone—the land—should not appropriately be greater than the share of the human being, the cultivator.
Partnership in Livestock Rearing
Another practice common in our country, especially in rural areas, is partnership in rearing livestock. One party provides all or part of the capital, while the other takes responsibility for looking after the animals. The proceeds or profit are then divided between them.
Before learning the Shariah ruling concerning this, it is necessary to analyze the various forms of this practice.
1. One form is that both parties join together purely for a commercial purpose: rearing calves to fatten them, or rearing cows and buffaloes to obtain milk.
In this arrangement, one party provides the capital and the other provides the labor and takes responsibility for care. Both bear the expenses of feeding and watering the animals. When the animals are sold, the expenses are deducted from the amount received. The remaining profit is then divided between them according to their agreement.
If one party is required to bear all the expenses and receives nothing in return, while the profit is divided equally between the two, then this cannot be considered an equitable business arrangement.
2. The second form is that one party provides the purchase price while the other bears the expenses and responsibility for care. The latter then benefits by taking the animal’s milk or using it for cultivation or transporting water.
There is no harm in doing this if the animal is large enough to provide milk or to be put to work. It is true that the milk and similar benefits received by the second party may not seem equal to the expenses he bears, and there is also a possibility of loss. Nevertheless, we have declared it permissible because it appears sound, without giving much weight to this slight possibility of loss. The Shariah does not object to tolerating things of this kind. The Messenger (peace be upon him) said: (Arabic******************)
A pledged animal may be ridden and its milk may be consumed in return for bearing its maintenance expenses. Whoever rides it and drinks its milk must bear the expenses. (Bukhari)
In this hadith, the Prophet (peace be upon him) regarded using the animal as a mount and drinking its milk as equivalent compensation for the expenses of feeding it and so forth.
The expenses of maintaining an animal may be much greater or much less than the benefit of riding it and drinking its milk. But since, according to customary practice, this situation has been considered permissible in the case of a pledge, there is no hesitation in considering the partnership in livestock rearing under discussion permissible when necessity requires it.
The conclusion we have drawn from the hadith quoted above is solely the view of this author. May Allah make this view correct.
But if one party provides the price and the other bears the expenses for rearing a small calf or similar animal—one that cannot be ridden and whose milk cannot be consumed—then this cannot be considered permissible in light of Islam’s fundamental principles. The party required to bear the expenses will suffer a loss, while the other party will receive nothing but benefit and profit. Thus it is clearly not based on justice, whereas Islam seeks to establish fairness and justice in every matter. However, if both parties share all the expenses by mutual agreement until the party bearing the expenses becomes entitled to benefit, then we believe it will be permissible.
Games and Recreation
Islam is a realistic way of life. It does not wish to confine people within a surrounding fog of unrealistic fantasies and varied speculations. Rather, Islam teaches people the principles and methods of living properly amid the cycles of events in this real world. It has not formulated laws for people on the assumption that they are angels moving through the heavens. Its laws have been given for people understood to eat and drink and walk through markets and bazaars.
Therefore, it cannot be imagined or expected that every word a person speaks must be dhikr, that even while silent he must remain immersed in deep study, that only the sound of the Qur’an may enter his ears, or that all his free time must be spent in the mosque. Islam has neither imposed such a duty nor made it obligatory upon people. The truth is that Islam gives full consideration to human nature and disposition. Allah Most High created people in such a way that, just as eating and drinking are demands of their nature, recreation, cheerfulness, contentment, happiness, laughter, joking, and play are also part of their natural disposition. This truth cannot be denied in any way.
One’s State Does Not Remain the Same at Every Moment
Because of the predominance of spirituality and their attaining the highest degree in it, some Companions began to think that it was their duty to remain immersed in worship at all times and that they ought to avoid worldly interests, pleasures, and enjoyments. They thought they should not participate in games, recreation, or amusement. They considered it absolutely necessary to remain wholly directed toward the Hereafter and devoted to fulfilling its concerns, responsibilities, and duties.
At this point, the story of the eminent Companion Hanzalah Usaydi (may Allah be pleased with him) is worth mentioning. He was a specially appointed scribe of the Messenger (peace be upon him). He said about himself:
Abu Bakr (may Allah be pleased with him) met me and asked, “How are you, Hanzalah?” I replied, “Hanzalah has become a hypocrite.” He said, “Glory be to Allah! What are you saying?” I replied, “Yes, that is how it is. When we sit in the presence of the Messenger (peace be upon him) and he reminds us of Paradise and Hell, we feel as though we are seeing them with our own eyes. But when we leave that gathering, we become occupied with our wives, children, families, and affairs, and we forget much of Paradise and Hell.” Hearing this, Abu Bakr said, “By Allah, my state is exactly the same.” Hanzalah said: Then the two of us—I and Abu Bakr—went to the Prophet and said, “O Messenger of Allah! Hanzalah has become a hypocrite!” The Messenger (peace be upon him) asked, “How so?” I replied, “O Messenger of Allah! When we are with you and you speak of Paradise and Hell, we reach such a state that we seem to see them clearly. But when we leave here, we become so occupied with our wives, children, families, and affairs that we forget much of it.”
On hearing this, the Prophet (peace be upon him) said: (Arabic******************)
By Him in whose hand is my life, if you were to remain continually in the state and frame of mind that you experience when you are with me and engaged in dhikr, the angels would come and shake hands with you in your beds and on the roads. But, O Hanzalah, there is a time for this and a time for that. One cannot remain in the same state all the time.” He repeated this three times. (Muslim)
The Messenger Was Human
The Messenger (peace be upon him) was human, and his elevated life was a radiant and shining model to be followed for a complete and highest-quality human life. He prayed in intense solitude and spent long periods in humility, awe, and weeping. Because he prayed standing for long periods, both his feet would swell. He was completely established upon the truth and had not the slightest fear of anyone besides Allah, yet he lived a human life. Like ordinary people, he enjoyed good things and pleasant fragrances, laughed, joked, and engaged in humor; this was a distinctive feature of his noble nature. But he never spoke anything contrary to the truth.
The Prophet (peace be upon him) greatly liked cheerfulness, recreation, and happiness, and disliked hardship and sorrow. He sought Allah’s protection from every evil. He would say: (Arabic******************)
O Allah! I seek refuge in You from anxiety and sorrow.
He also joked. An old woman came to him and said, “O Messenger of Allah, pray to Allah that He admit me into Paradise.” The Prophet (peace be upon him) said, “O mother of so-and-so, old men and old women will not enter Paradise.” On hearing this, the old woman trembled and began to weep. She was utterly heartbroken, thinking that she would not be able to enter Paradise. Seeing her condition, the Prophet (peace be upon him) explained that this meant that elderly men and women would not enter Paradise in that state. Rather, Allah would bless them with a new creation, and they would enter Paradise in the prime of youth. He then recited this verse to her: (Arabic******************)
We shall create them anew and make them virgins, loving and of equal age with their husbands. (Surah al-Waqi‘ah 56:35–38)
The Mind Becomes Tired
The Companions, who had pure hearts and noble character, also laughed and joked. They took part in games and amusements. They responded to the call of their innate nature, brought joy to their minds, and adopted means of giving their hearts peace and happiness. Through this they gained renewed energy, ability, and activity, became fresh again, and threw themselves into their work.
Ali (may Allah be pleased with him) said: (Arabic******************)
The mind becomes tired and weary just as the body does. Therefore, speak words of wisdom and wit to dispel this fatigue and weariness.
He also said: (Arabic******************)
Give the heart peace, happiness, and joy during periods of leisure. For discomfort in the heart makes it blind.
Abu al-Darda (may Allah be pleased with him) said: (Arabic******************)
I allow my mind some opportunity to joke and amuse itself with frivolity, so that this may help me along the difficult path of truth.
Therefore, there is no harm if joking conversation brings lightness to the heart. Nor is there any sin if permissible games provide comfort and peace of mind to oneself and one’s companions, provided that this does not become a permanent habit or create a tendency to remain occupied with it constantly. Otherwise, one would spend morning and evening in it, which would lead to reluctance in fulfilling one’s responsibilities. One might even begin joking in situations where seriousness is necessary. For this reason it has been said: (Arabic******************)
Mix exactly as much humor into conversation as the amount of salt needed in food.
For it cannot be the conduct of a Muslim merely to ridicule people without regard for their honor, dignity, and respect. For this reason Allah Most High said: (Arabic******************)
O believers, let no people ridicule or insult another people; it may be that they are better than them. (Surah al-Hujurat 49:11)
Nor is it proper or permissible to resort to lies in order to make people laugh. Warning against this, the Prophet (peace be upon him) said: (Arabic******************)
Woe to the one who speaks lies to make people laugh. Woe to him, woe to him. (Tirmidhi)
Permissible Types of Games
There are many forms and methods of amusement and sport that the Noble Prophet (peace be upon him) declared permissible for Muslims. Muslims can use them to lighten the burden of their minds and gain refreshment. These sports inspire people to engage actively in worship and the fulfillment of their duties. Through these physical exercises, they can receive strength-building training. As a result, people can also prepare themselves to participate in jihad. The following sports belong to this category:
Running competitions
The noble Companions used to compete in running. The Noble Prophet (peace be upon him) permitted them to do so. It is reported that Hazrat Ali (may Allah be pleased with him) was exceptionally swift at running.
The Noble Prophet (peace be upon him) himself took part in running competitions with his honored wife, Hazrat Aishah (may Allah be pleased with her), to please her and to teach the noble Companions (may Allah be pleased with them). Hazrat Aishah herself said: (Arabic******************)
The Noble Prophet (peace be upon him) competed with me in running. On that occasion I outran him. Later, when my body had become heavier, he raced me again, defeated me, and said: “This time I have taken revenge for that occasion.” (Ahmad, Abu Dawud)
Wrestling
The Noble Prophet (peace be upon him) wrestled with a renowned wrestler named Rukanah. He threw him to the ground several times. (Abu Dawud)
Another narration states that the man whom the Noble Prophet (peace be upon him) brought down was exceptionally strong. He defeated him three times in succession. On the basis of these hadiths, the jurists have opined that competing in running is completely permissible, and men may run together. Men and women within the prohibited degrees of marriage may compete together, and husbands and wives may also compete with one another. Running competitions and wrestling are not contrary to dignity, seriousness, learning, prestige, or old age. For when the Noble Prophet (peace be upon him) competed in running with Hazrat Aishah (may Allah be pleased with her), he was over fifty years old.
Archery
Archery and spear-throwing are also lawful according to the Shariah.
Whenever the Noble Prophet (peace be upon him) saw the noble Companions engaged in archery, he encouraged them in every way. He would say: (Arabic******************)
Shoot your arrows; I am with you.
In the view of the Noble Prophet (peace be upon him), archery was not merely a matter of sport and amusement. It was a means of gaining and demonstrating strength. Allah Most High has commanded it:
Prepare and gather whatever strength you can against the enemies.
In this regard, the Messenger of Allah (peace be upon him) said:
Know that archery is strength. Archery is strength; archery is strength.
He also said:
It is your duty to learn archery, for it is also an excellent sport for you.
However, he prohibited making domesticated animals targets. The Arabs used to do this in the Age of Ignorance. Seeing some people doing so, Hazrat Ibn Umar (may Allah be pleased with him) said:
The Noble Prophet (peace be upon him) cursed anyone who takes a living creature as a target for shooting arrows.
The reason for this curse is that it involves both the waste of wealth and causing suffering to living creatures, as well as bringing destruction upon oneself. Indeed, it can never befit human beings to celebrate and amuse themselves by inflicting pain on any living creature in the world.
For precisely this reason, the Noble Prophet (peace be upon him) clearly prohibited inciting animals and making them fight one another. (Abu Dawud, Tirmidhi) The people of Arabia at that time would set two goats or two bulls against each other in such a way that the animals, fighting repeatedly, would become ruined and fall into the jaws of death. They would rejoice at the sight and burst into loud laughter. Explaining the reason for prohibiting this practice, the experts have said: (Arabic******************)
This practice inflicts agonizing pain and suffering on the animals and casts them into severe distress. Moreover, it is nothing but a futile act.
Spear play
Like archery, spear play is also a lawful sport. The Noble Prophet (peace be upon him) permitted the Abyssinians to play with spears inside the mosque. He also permitted his wife, Hazrat Aishah (may Allah be pleased with her), to watch them from inside the house. To encourage them, he would say: “O sons of Arfada, strike! Strike hard! Your opponent is right there before you.”
Hazrat Umar (may Allah be pleased with him) was a stern man, so he did not like this sport. He wanted to forbid them, but the Prophet (peace be upon him) restrained him. Hazrat Abu Hurairah (may Allah be pleased with him) narrated: The Abyssinians were playing with spears in front of the Noble Prophet (peace be upon him). At that time Hazrat Umar came there. To stop them and prevent them from playing, he threw pebbles at them. The Noble Prophet (peace be upon him) said: “Let them play, O Umar.”
By permitting this sport in his sacred mosque, the Noble Prophet (peace be upon him) demonstrated tremendous openness and tolerance. As a result, both religion and worldly life were brought together and harmonized in the mosque. Thus, when Muslims play and enjoy humor, they should remember that this is not merely play. It is a means of recreation, but it is also physical exercise and training. In light of this hadith, the experts have opined: (Arabic*******************)
The mosque is the center of all the affairs of Muslim society. Therefore, any activity in which the welfare of religion and religious people lies is unquestionably permissible there.
In this context, Muslims today should reflect on how the mosques were made sources of life and strength in those days. Today, however, they have been turned into centers of idleness for the inactive. They provide neither the pulse of life nor any means of gaining strength. Moreover, guidance from the Messenger of Allah can also be found here concerning maintaining relations and good dealings with wives, and bringing joy to the heart through permissible amusement of this kind. The wife of the Noble Prophet, Aishah (may Allah be pleased with her), said: (Arabic*******************)
I was watching while the Messenger of Allah (peace be upon him) covered me with his cloak, and I watched the Abyssinians playing in the mosque. I continued watching until I became tired. Therefore, you may engage young girls who are enthusiastic about play in play. (Bukhari, Muslim)
She also said: I used to play with girls in his house in the presence of the Messenger of Allah. I had several girl friends who played with me. Whenever the Messenger of Allah (peace be upon him) entered the house, they would hide. Then the Noble Prophet (peace be upon him) would joke with them along with me, and as a result they felt encouraged to play with me. (Bukhari, Muslim)
Horse riding
Allah Most High has said: (Arabic*******************)
We created horses, mules, and donkeys for you to ride, and they are also a means of enhancing your beauty. (Surah al-Nahl: 8)
The Messenger of Allah (peace be upon him) said: (Arabic*******************)
Goodness is tied to the forelocks of horses. (Bukhari)
He also said: Shoot arrows and ride horses.
Anything in which there is no remembrance of Allah is mere play and futility. Four activities are exceptions: running between two targets, training horses, playing with one’s wife and family, and learning to swim. Hazrat Umar (may Allah be pleased with him) said: (Arabic*******************)
Teach your children swimming and archery. Accustom them also to leaping onto a horse’s back and sitting firmly. (Muslim)
Hazrat Ibn Umar (may Allah be pleased with him) said: The Noble Prophet (peace be upon him) arranged horse races and awarded a prize to the winner.
These are examples of the Messenger of Allah’s encouragement to excel in racing. They are both sport and training and exercise.
Hazrat Anas (may Allah be pleased with him) was asked, “Did you place wagers during the time of the Messenger of Allah?” He replied, “Yes. He himself placed a wager on a horse named Sarha. It came first of all, and he was delighted and encouraged by this.” (Arabic*******************)
The permissible form of wagering is that the prize is not announced by both participating parties. It may be offered by someone else or by only one of the parties. If it is offered by both parties, with the condition that whoever wins will receive the prize, then it is gambling. Gambling is prohibited. The Messenger of Allah called horses used in gambling “satanic horses.” He declared it sinful to accept their price, feed them grass, or ride on their backs. (Ahmad)
He said: Horses are of three kinds: Allah’s horses, people’s horses, and Satan’s horses. A horse devoted to jihad in the path of Allah is Allah’s horse. Feed it grass; there is goodness in everything—even its droppings and urine. A horse used for gambling, wagering, or racing is Satan’s horse! Horses that people raise for breeding are people’s horses. They serve to remove poverty.
Hunting
Hunting is a highly beneficial and wholesome sport. Islam has given this activity considerable importance. Indeed, it provides both useful goods and earnings, and it is also a form of exercise. Whether it is done with a weapon such as an arrow or spear, or with a hunting dog or bird, both forms of hunting are permissible. We have already discussed the necessary conditions and rules of this activity in detail.
Islam prohibits hunting only at two times; at all other times it is permitted. Those two times are while wearing ihram for Hajj and Umrah. This is because it is a time of absolute peace and complete security. During it, neither killing nor bloodshed is permitted. As Allah Himself has said:
O believers! Do not kill game while you are in a state of ihram. As long as you remain in ihram, land game has also been made unlawful for you.
The second condition is when one is within the Sacred Sanctuary of Makkah. Allah Most High has made the Sacred Sanctuary a center of peace and security in every respect. There is peace and security here for everyone. Even if a live animal takes refuge there, or a flying bird can be caught there, it may not be hunted. The Noble Prophet (peace be upon him) said:
Its game may not be hunted, its trees may not be cut, and none of its grass may be uprooted.
Dice playing
Every game involving gambling, in all its forms, is unlawful. Any game in which there is financial gain or loss is gambling. The Noble Qur’an mentions gambling together with wine, sacrificing at altars, and seeking knowledge of the future through arrows, among other forbidden acts.
The Noble Prophet (peace be upon him) said that if someone says, “Come, let us gamble,” he should give charity as expiation for the sin involved. For inviting someone to gamble is itself a sin, and expiation for that sin is desirable.
Dice playing is one of the games in this category. If gambling is involved, it is unanimously unlawful. Some, however, have said that it is reprehensible, not unlawful. Those who declare it unlawful cite the hadith narrated by Hazrat Buraydah (may Allah be pleased with him). The Messenger of Allah (peace be upon him) said: (Arabic******************)
Whoever plays with dice has dipped his hand in the flesh and blood of a pig.
The hadith narrated by Abu Musa is: (Arabic******************)
Whoever plays with dice has disobeyed Allah and His Messenger.
These two hadiths explicitly declare dice playing unlawful, whether or not gambling is involved.
Imam al-Shawkani wrote: According to Ibn Mughaffal and Ibn al-Musayyab, there is no harm in playing dice if gambling is not involved. The two of them considered the hadiths cited above to refer to dice playing combined with gambling.
Chess
Chess is a very well-known game. In Arabic it is called shatranj. The jurists have reached different rulings concerning it. Some have said it is permissible, some reprehensible, and others unlawful.
Those who have declared it unlawful rely on certain hadiths narrated from the Noble Prophet (peace be upon him). However, hadith critics and experts have denied the authenticity of those hadiths. They have said that chess became known and widespread during the era of the Companions; it did not exist before that. Therefore, no hadith concerning it from that earlier period can be accepted; all such reports are invalid. What, then, was the view of the Companions on this matter? It is known that their views were not uniform. Ibn Umar (may Allah be pleased with him) said: (Arabic******************) “Chess is worse than dice.” Hazrat Ali (may Allah be pleased with him) said: (Arabic******************) “This too is a form of gambling.” Some Companions considered it merely reprehensible.
Some Companions and Successors considered it permissible and harmless. Hazrat Ibn Abbas, Abu Hurairah, Ibn Sirin, Hisham ibn Urwah, Zayd ibn al-Musayyab, and Zayd ibn Jurayrah, among others, expressed this view.
In the view of the author of this book, the opinion of these last-mentioned eminent experts is correct. The truth is that no conclusive proof has been presented that this game is unlawful. Moreover, it provides considerable mental exercise and training in thought. For this reason, it must be regarded as different from dice. They therefore said that dice provides only amusement and recreation; that is its defining feature. But the distinctive feature of shatranj or chess is that it involves and requires the exercise of intellect and thought. Thus it should be regarded like archery.
Those who have declared this game permissible have imposed three conditions: (1) It must not cause neglect of prayer, since there is a serious risk that prayer may not be performed on time. (2) It must not involve gambling. (3) During the game, the players must keep their mouths free and pure from insults and ugly, obscene speech. If these conditions are violated, even in part, the game will also become unlawful.
Singing and musical instruments
[Here the worthy author has not mentioned the hadith concerning musical instruments in which the Beloved Prophet (peace be upon him) said, “I have been sent to eliminate musical instruments.” Musical instruments refers to those instruments that awaken people’s latent sexual desires. —Translator]
That which generally attracts people’s minds, brings satisfaction and tranquility to the heart, and pours honey into the ears is singing or music. From the Islamic perspective, there is no harm in using musical instruments along with it, provided that it is not combined with immodesty, ugly or obscene language, or encouragement and incitement toward sinful acts.
For expressing happiness and satisfaction on festive occasions, these things are not merely permissible but also desirable. Thus they may be used freely at Eid, weddings, the return of a lost relative, walimah and aqiqah ceremonies, and on the occasion of a child’s birth.
Hazrat Aishah (may Allah be pleased with her) said: A girl was being married to a man from the Ansar. The Noble Prophet (peace be upon him) said: “O Aishah, have you arranged any entertainment for them? The Ansar are fond of such things.” (Bukhari)
Hazrat Aishah (may Allah be pleased with her) married one of her close female relatives to a boy from the Ansar. The Noble Prophet (peace be upon him) came and asked, “Have you sent the bride off?” The people replied, “Yes.” He said, “Have you sent a singing girl with her?” They replied, “No.” Then he said:
The people of the Ansar are very fond of singing. Therefore, it would have been very good if you had sent a girl with the bride who would sing: “We have come to you; we have come to your home. May Allah preserve us and preserve you as well.” (Ibn Majah)
Hazrat Aishah (may Allah be pleased with her) said: Two girls were singing and playing musical instruments in her presence on the day of Eid al-Adha. The Noble Prophet (peace be upon him) was lying down wrapped in his garment. At that time Hazrat Abu Bakr (may Allah be pleased with him) came there. Seeing this, he rebuked the two girls. Hearing him, the Noble Prophet (peace be upon him) uncovered his face and said: “O Abu Bakr, let them continue. It is the time of the Eid celebration.” (Bukhari, Muslim)
In his book Ihya Ulum al-Din, Imam al-Ghazali has cited many hadiths concerning the singing of the two girls. He also mentioned the Abyssinians playing in the Prophet’s Mosque and the Noble Prophet (peace be upon him) encouraging them. At that time the Noble Prophet (peace be upon him) asked Hazrat Aishah: “Would you like to watch this performance?” He then stood with her and showed it to her. All these hadiths have been recorded in Sahih Bukhari and Sahih Muslim. They conclusively prove that singing and play are not entirely unlawful. There is also evidence of the concession granted by the Shariah in this matter.
First, the nature of the performance must be considered. The Abyssinians’ dancing and love of sport are well known. Second, it took place in the Prophet’s Mosque; and third, the praise and encouragement given to them by the Messenger of Allah (peace be upon him) are themselves proof that these activities are permissible. When all this is established, how can they be declared unlawful?
Fourth, Hazrat Abu Bakr and Hazrat Umar tried to stop them. But the Noble Prophet (peace be upon him) prevented both of them from doing so and allowed the performance to continue, explaining that it was the Eid festival and a time for enjoyment. These are means of obtaining happiness and recreation.
Fifth, the Noble Prophet (peace be upon him) waited for a long time so that she could watch it, and listened himself in order to accommodate Hazrat Aishah. This proves that entertaining women and children by showing them performances is an act of good character. It is much better than refraining from it or preventing others from it out of austere rigidity and the dryness of excessive piety.
Sixth, at the very beginning he said to Hazrat Aishah:
Would you like to watch?
Seventh, he permitted the two girls to sing and play musical instruments.
It has been reliably reported that a large number of Companions and Successors listened to singing and did not consider it objectionable. The hadiths prohibiting it that are cited in this connection have been battered by criticism. Not one of them is free from objections raised by hadith scholars and jurists. Qadi Abu Bakr Ibn al-Arabi said: Not a single hadith establishing that singing is unlawful is authentic. Ibn Hazm said: All the reports in this connection are invalid and fabricated.
Singing and musical instruments are generally used at luxurious and grand occasions, drinking parties, and gatherings devoted to staying awake at night. For this reason, many scholars have declared them unlawful or reprehensible. Other scholars believe that, in the language of the Qur’an, this singing and music are the “lahw al-hadith” mentioned in this verse: (Arabic*******************)
Among the people are those who purchase “lahw al-hadith” so that, without knowledge, they may lead people astray from the path of Allah and make it an object of ridicule and mockery. For such people there is a humiliating punishment.
Ibn Hazm said that the verse identifies as a disbeliever the person who acquires “lahw al-hadith,” because he mocks and ridicules the path of Allah. If someone buys a book in order to mislead people and mock and ridicule the path of Allah, he is undoubtedly a disbeliever. In the verse quoted above, Allah Most High speaks of the person’s fault. He does not blame or condemn the person who purchases “lahw al-hadith” not to mislead people, but solely for play, amusement, and recreation, and who uses it to achieve soundness and satisfaction of temperament.
In response to those who say that singing is improper and necessarily deviant, Ibn Hazm wrote: The Noble Messenger (peace be upon him) said that the merits and demerits of deeds depend on intentions. Therefore, if someone listens to singing with the intention of being encouraged thereby to commit sin, he is a transgressor. Conversely, if someone listens with the aim of attaining a sound disposition, gaining strength and courage for obedience to Allah, and increasing his interest and encouragement in good and righteous deeds, then his action is certainly neither wrong nor invalid. And whoever listens neither with the intention of obeying Allah nor with the intention of disobeying Him, his action is regarded as futile; Allah will forgive it. This is like going out to stroll in someone’s garden, an open field, or along a riverbank; sitting at the door of one’s house merely for a morning walk or evening outing, for amusement and relaxation; or dyeing one’s clothes red, green, or some other color, and the like.
However, several matters must certainly be kept in mind regarding singing:
1. The words or subject matter of a song must not contradict Islamic teachings and ideals. A song praising wine or inviting people to drink it is certainly haram, because it inspires people to commit a haram act.
2. It is often seen that a song may not be contrary to Islamic ideals, but the singer’s musical style and manner carry it beyond the limits of halal into the realm of haram—for example, presenting it with highly flirtatious and shameful gestures, swaying about, imitating shameless behavior, stirring a storm of excitement and agitation in the emotions, and rendering it provocative of lust and conducive to moral accidents.
3. Islam opposes excess and transgression in every matter. This applies to worship as well. No kind of excess can be tolerated regarding lahw either. One should never spend too much time on it, for time is the capital of life.
There is no doubt that when one exceeds the limits and goes to extremes even in permissible activities, neglect of the fulfillment of genuine duties is quite natural. For this reason, it has rightly been said: (Arabic*******************)
I have seen excess reach such a state that, before it, the real truth is being defeated and destroyed.
4. Some songs may provide a person with his own verdict against listening to them. If listening to a song excites the emotions and encourages dangerous behavior, and if animality appears to prevail over spirituality, then it should certainly be avoided; it is desirable to close the door from which the breeze of danger comes.
5. Everyone agrees that a song combined with any haram thing, such as drinking wine, sexual immorality, or depravity, is haram. Regarding this, the Noble Prophet (peace be upon him) gave news of a severe punishment. He said: (Arabic*******************)
Some people of my ummah will drink wine and give it a new and different name instead of its real name. Musical instruments will be played over their heads, and female singers will sing. Allah will cause the earth to swallow them and will transform some of them into monkeys and pigs. (Ibn Majah)
According to this statement, the transformation need not necessarily occur in physical form. It may also occur in mentality and outlook—in other words, the spirit and mentality of a monkey and the soul of a pig may inhabit a human body. In other words, human in appearance but monkey and pig in nature. [It should be remembered that, in support of the permissibility of singing, the author has mentioned conditions that are extremely difficult to observe. Yet the songs generally heard or played in our country and society, including songs from films, cannot meet those conditions. Therefore, there can be no question of their being permissible. They are major means of spreading shamelessness and sexuality and are extremely harmful to morality. Male and female singers captivate and enchant men and women through their singing. Islam, however, places the greatest emphasis on moral purity and innocence. It has not even permitted a woman to speak to a non-mahram man, or a man to a non-mahram woman, in a sweet, soft, honeyed voice. This has been clearly declared in the Noble Qur’an. In Islam, taking pleasure in the sweet voice of a strange woman has been described as adultery. Therefore, there can be no doubt that such songs are haram. However, the permissibility of songs that create a truly Islamic spirit and awaken the vigor and courage of jihad is universally acknowledged. —Translator]
Gambling, Wine, and Entertainment
Many kinds of games and forms of amusement have been declared permissible in Islam. At the same time, all games mixed with gambling, and all games in which financial gain and loss are included as an inseparable element, have been declared haram. In this regard, the saying of the Noble Messenger (peace be upon him) is noteworthy: If anyone says, “Come, let us gamble together,” it is incumbent upon him to give charity as expiation for that sin.
Therefore, just as it is not permissible for a Muslim to adopt gambling as a means of earning money, it cannot be adopted as a game or as a means of soothing and satisfying the mind or passing leisure time.
There are extremely compelling reasons and lofty objectives behind the prohibition of gambling.
1. It is essential for a Muslim to follow the rules and path laid down by Allah for earning money. One should seek results through causes and means. One must enter a house through its door and seek the result of the causes or deeds undertaken—this is Islam’s objective.
Gambling and lotteries also awaken in people a tendency to rely on luck and baseless hopes and aspirations. Allah has prescribed efforts, striving, labor, and
the adoption of causes for earning money, and has emphasized and commanded them; gambling does not encourage people to adopt them.
2. Islam has made the property of another person forbidden to a Muslim. Therefore, it may be taken from him only through a Shariah-approved exchange, or if he gives or gifts it willingly. Taking it by any other means is completely haram. From this perspective, gambling is an invalid and haram method of seizing another person’s wealth.
3. Gambling naturally creates deep hostility and mutual hatred among the gamblers and players, and there is nothing surprising about this. In words and outward appearance, they may seem friendly toward one another, but in reality the conflict and fire of mutual hatred between winner and loser continues to blaze every moment. Even when the loser remains silent, he continues to burn with anger, resentment, and the desire for revenge born of failure, for he has been defeated and has lost everything. If he begins arguing and quarreling, that suppressed resentment in his heart drives him to seek revenge.
4. When a person loses a wager in a game, he begins playing again. He then hopes that he will recover what he lost. He becomes absorbed in that thought. On the other hand, greed takes hold of the winner’s tongue, and his mouth waters. Thus he is compelled to play again and again. The desire to seize ever more money makes him blind and imprudent.
The game continues uninterrupted in this manner. Neither the winner nor the loser is willing to let the other go.
5. For this reason, just as addiction to gambling brings danger upon the individual, it also creates severe disorder in society. This addiction does not merely seize people’s wealth and property; it ruins their lives as well.
This game makes the players completely unproductive. They take much from life but give nothing to it. They consume but do not produce. A gambler becomes so engrossed in gambling that he completely forgets his own duties and responsibilities. He becomes unable to fulfill the duties and responsibilities Allah has imposed upon His servants. He becomes incapable of remembering his family, society, and people. Such a person does not hesitate to sell his own faith and religion, honor and sanctity, and country in exchange for his personal interests. The attraction of gambling is so intense, and his love and attachment to it become so great, that he begins gambling in every matter and every sphere. Eventually, falling into the hope of an uncertain and indeterminate income, he begins gambling even with his own honor and dignity and with the beliefs of himself and the entire nation—this is the natural outcome.
The Qur’an’s combining wine and gambling in one verse and command and declaring both haram offers such a high level of practical wisdom that it needs no further analysis. The harm and grave detriment of both affect the individual, family, country, and character alike. Addiction to gambling is as comprehensive and dangerous as addiction to wine. Moreover, wherever one of them is present, the other is inevitably present.
The Qur’an says that these two are works of Satan, and it mentions them together with sacrificing at altars and seeking knowledge of the future by arrows, directing that all of these be avoided and abandoned as very grave sinful institutions. The Qur’anic verse in this regard is: (Arabic*******************)
O believers! Wine, gambling, sacrificial altars, and divining arrows are impure, filthy, Satanic works. Avoid them so that you may prosper. Satan only wishes to create enmity and hatred among you by immersing you in wine and gambling and to keep you away from the remembrance of Allah and prayer. Will you then refrain from these things?
A Lottery Is Also a Form of Gambling
A lottery is also a form of gambling! To regard it as an ordinary matter and consider it permissible in the name of public-welfare institutions and human interests can never be correct. Those who consider lotteries permissible for such purposes do not hesitate to collect money for them through haram dancing, haram art, and the like. But this cannot be acceptable to any person of sound conscience. We wish to remind them: (Arabic*******************)
Allah Most High is pure and holy. He accepts only what is pure. (Hadith)
These people assume that the public has no inclination or tendency toward human compassion and welfare work. They understand nothing of the significance of righteous deeds. Nothing of a sense of duty remains in them; there are only animal desires, cravings, and lusts. For this reason, they think nothing can be accomplished without using the amusement of gambling and forbidden kinds of games as a means. But Islam does not support this attitude and outlook toward Muslim society, nor does it permit such means for any righteous work. Islam urges the use of pure methods and means for a noble and pure cause. Those means are calling people to righteous deeds, awakening pure human ideals, and inviting them to beneficial work on the basis of faith in Allah and the Hereafter.
Watching Films
Many people wish to know Islam’s view of modern cinemas and theaters, and whether entering and watching films in cinemas and theaters is permissible for Muslims.
There is no denying that cinemas, theaters, and similar things are major means of entertainment. At the same time, there is no doubt that these modern media can be used for both good and evil purposes.
From the Islamic perspective, it may be said that there is no inherent or intrinsic defect or evil in cinema or film. The essential question is what it is being used for and what purpose one seeks to achieve through it. For this reason, in the author’s view, cinema or film is a good and excellent thing. If used subject to the following conditions, it can be highly beneficial.
First, the purpose and objective reflected and conveyed through it must be completely free of shamelessness, nudity, obscenity, and fisq-fujur. That purpose and objective must also not contradict Islamic beliefs, Shariah, and its rules and regulations. If the story presented arouses base sexual emotions in viewers, creates an inclination toward sinful acts, encourages criminal behavior, or promotes erroneous ideas and beliefs, then such a film is certainly haram. Watching it is neither halal nor permissible for any Muslim, nor may anyone be encouraged to watch it.
[It cannot be believed that any film shown in our countries is free of these erroneous and dangerous purposes. Generally, the love of young men and women and conflicts over women are the main themes of films. Displaying men’s and women’s beauty and youth is their chief subject matter, glamour, and attraction. Along with this come captivating dances and music. The love-filled, shame-destroying, character-damaging dialogues of cinema contribute greatly to the moral collapse of the present age. Therefore, they can never be permissible. However, if a film is genuinely free of these uglinesses and possesses a beneficial outlook, there should be no objection to it. —Translator]
Second, no neglect of any religious or worldly duty should occur. In particular, nothing should obstruct the performance of the five daily prayers, which are obligatory upon every Muslim. Watching a film must not cause prayer—especially the Maghrib prayer—to be missed. If it does, watching it is in no way permissible. It would then fall under this Qur’anic verse: (Arabic*******************)
Woe to those who pray yet are heedless and neglectful of their prayer. (Surah al-Ma‘un)
In explaining the word (Arabic*******************) in this verse, it has been said that neglecting prayer means failing to perform it on time. In the verse previously cited, one of the reasons given for wine and gambling being haram is that these two activities prevent people from the remembrance of Allah and prayer and do not allow them to pay attention to them.
Third, it is the duty of cinema viewers to avoid every kind of mingling and fraternization with unrelated and non-mahram women and men, and to avoid places or situations of this kind. Such circumstances may cause moral danger and arouse suspicion in people’s minds, especially because films are generally watched in darkness. Although this hadith was cited earlier in another place, it is worth recalling here as well: (Arabic*******************)
It is better for a needle to be driven into the head of one of you than for him to touch a non-halal woman. (Bayhaqi, Tabarani)
Social Relations
Islam has founded the mutual relations among members of society upon two principles.
The first is the relationship of mutual brotherhood. This relationship serves as an extremely strong and unbroken bond among different individuals. The second is the preservation of rights and honor: the security and inviolability of every person’s blood, honor, reputation, and property. In Islam’s view, any words, conduct, or actions that undermine, damage, or adversely affect these two foundations are haram. It makes no difference whether the harm is material or cultural. Whatever its nature and degree, it will be haram to that corresponding degree. The following verse mentions those haram things that are harmful to mutual brotherhood and human dignity: (Arabic*******************)
Believers are brothers to one another. Therefore, reconcile between your brothers, and fear Allah so that you may receive mercy. O believers! Let no men mock other men, for the latter may be better than them. Do not hurt or grieve one another, nor call one another by offensive names. How evil is the name of transgression after faith! Those who do not repent are the wrongdoers.
O believers! Avoid many assumptions; indeed, some assumptions are clear sins. Do not seek one another’s faults, and let none of you speak ill of another in his absence. Would any of you like to eat the flesh of his dead brother? You would surely detest it. And observe taqwa of Allah. Surely Allah is Most Relenting, Most Merciful. (Surah al-Hujurat: 10–12)
In the first verse, Allah says that believers are brothers to one another. Alongside human brotherhood, this includes religious brotherhood; the two are united and integrated. The demand of this brotherhood is that they must not remain unrelated or strangers to one another. Deep unity between them is essential. They should not remain separated but should stay closely joined. There should be no hostility, envy, or hatred among them; rather, there should be sincere love, mercy, and compassion. There should be no conflict or disagreement among them; they should work in complete agreement. Thus it is said in the Hadith: (Arabic*******************)
Do not engage in mutual hatred and envy; do not pursue one another, and do not turn your faces away from one another. Do not indulge mutual anger and resentment. Rather, be servants of Allah and brothers to one another.
Do Not Sever Relations with a Muslim Brother
For this reason, treating a Muslim brother harshly and like a stone, boycotting him, and remaining turned away from him have been prohibited and declared haram. When hatred and resentment arise between two Muslims, only three days are allowed for suppressing the anger. Thereafter, it is necessary to strive to establish mutual reconciliation, agreement, and harmony and to remove the causes of anger and hatred. The Noble Qur’an describes the qualities of believing Muslims as follows: (Arabic*******************)
They are gentle, humble, and compassionate toward the believers. (Surah al-Ma’idah: 54)
The Noble Prophet (peace be upon him) said: (Arabic*******************)
It is not halal or permissible for a Muslim to sever relations with his brother for more than three days. When three days have passed, it is his duty to meet him and offer him salam. If he returns the greeting, both share in the reward. If he does not respond, he alone will be sinful, while the one who offered salam will be free of the sin of severing relations. (Abu Dawud)
Islam has declared maintaining ties with blood relatives obligatory. The closer the relationship, the stronger and more emphatic is the exhortation to preserve it. Severing this relationship is emphatically haram. Allah Most High has said: (Arabic*******************) And fear Allah, in whose name you appeal to one another, and respect and preserve the ties of kinship. Surely Allah is ever watchful over you. (An-Nisa: 1)
To explain the importance of close kinship and its value and honor before Allah, it has been expressed figuratively: (Arabic*******************) The womb—blood kinship—hangs from the Throne and says: Whoever preserves me, Allah will preserve him; and whoever severs me, Allah will sever him. (Bukhari, Muslim)
He said: (Arabic*******************)
The one who severs blood ties will never enter Paradise. (Bukhari, Muslim)
Scholars have given two interpretations of this hadith. One is the person who severs blood ties, and the other is a robber, highwayman, or roadside murderer—in other words, these two people are criminals of the same degree.
Maintaining blood ties does not mean that one close relative should treat another only reciprocally: if the other maintains the relationship, he will maintain it; if the other behaves well, he will behave well. Such stubborn insistence on reciprocity is undesirable. That is merely natural. What is obligatory is to maintain the relationship even when the other person severs it. The Noble Prophet (peace be upon him) said: (Arabic*******************) The maintainer of kinship is not the one who reciprocates equally; rather, the maintainer of kinship is the one who maintains it with the person who severs it. (Bukhari)
This applies when severing and boycotting the relationship are not for Allah, in Allah’s path, and for the sake of the true faith. Otherwise, a major means of strengthening faith is love for Allah and hatred and separation for Allah’s sake.
The Noble Prophet (peace be upon him) and his Companions severed relations for fifty days with those who had remained behind in the Battle of Tabuk. Eventually, the lives of these latter people became unbearable and they reached an agonizing state. No one sat with them, spoke to them, or even offered them salam. Then Allah revealed a verse announcing that He had accepted their repentance.
The Noble Prophet (peace be upon him) severed relations with some of his wives for as long as forty days. Abdullah ibn Umar (may Allah be pleased with him) severed relations with his son, who eventually died. The reason was that he had completely failed to act upon a hadith of the Noble Messenger (peace be upon him) that Abdullah had narrated from the Messenger. In that hadith, the Noble Messenger (peace be upon him) had prohibited women from going to the mosque. (Arabic*******************)
But if this mutual conflict and severing of relations arise from some worldly material cause, purely because of a conflict of interests, then it is a very insignificant matter. How can a Muslim engage in conflict with his Muslim brother when this may result in his being deprived of Allah’s forgiveness and mercy? It is stated in an authentic hadith: (Arabic*******************)
The gates of Paradise are opened on Mondays and Thursdays. Then Allah forgives every servant who does not associate anything with Him. However, He does not forgive the person between whom and his brother there is hostility, hatred, and resentment. Then Allah says: Leave these two until they reform; abandon these two until they reconcile; leave these two until they make peace with one another. (Muslim)
And whoever has a legitimate right against his brother comes to him seeking forgiveness, it is his duty to forgive him and refrain from quarrelling and disputes. If he asks forgiveness and offers an excuse, it is forbidden to reject him. The Noble Prophet (peace be upon him) warned such a person, saying that on the Day of Resurrection he would not be able to appear before him at the Pool of Kawthar. (Arabic*******************)
Bringing About Mutual Reconciliation
It is the duty of two disputing persons, in keeping with the demands of brotherhood, to remove their mutual disputes and establish reconciliation and agreement. Just as this is true, society also has a responsibility in this matter. For an Islamic society means a human collective whose members mutually assist and complement one another. Therefore, it is inconceivable that society should see two of its members in conflict and fighting, yet remain a silent spectator and keep itself at a safe distance. This can in no way be permissible. Otherwise, the two of them will continue to burn in the fire of quarrel and dispute, and that fire will gradually spread until it burns the whole society to ashes.
Rather, people of sound judgment and influence must intervene and strive to settle the dispute between the two parties and create reconciliation, purely for the sake of truth and justice, while keeping away from serving their passions. Allah the Exalted has commanded: (Arabic*******************)
So reconcile between your brothers and fear Allah, so that you may receive mercy. (Surah al-Hujurat: 10)
The Noble Prophet (peace be upon him) himself explained the high virtue of reconciliation and the evil consequences of mutual disputes, saying: (Arabic*******************)
Shall I tell you of an act better than voluntary prayer, fasting, and charity? The Companions said, “Yes, O Messenger of Allah, tell us.” He said, “It is bringing about mutual reconciliation. For mutual disputes are a scourer.” I do not mean that it shaves hair; rather, I mean that it eradicates the religion.
It Is Not Right to Mock Others
In the verse cited earlier, Allah the Exalted declared unlawful all such acts as destroy mutual brotherhood and harm human dignity.
The first matter in this category is mocking and insulting people and trying to humiliate someone. Thus, for a believer who knows Allah and seeks salvation in the Hereafter, it can never be permissible to mock, insult, disgrace, or torment anyone day and night, or to make someone the target of reproach and abuse. The person who does this may be considered to harbor concealed arrogance—a base mentality of considering himself superior to others. Such a person does not know at all what the standard of goodness is in the sight of Allah. That is why Allah the Exalted said: (Arabic*******************)
Let no man mock or insult another man, for the latter may be better than him. Nor should any woman mock or insult other women, for they may be better than her.
Indeed, the standard of goodness in the sight of Allah consists of faith, sincerity, and a good relationship with Allah. It is not based on appearance, physical form, honor, status, or wealth. It is stated in a hadith: (Arabic*******************)
Allah does not look at your forms or wealth, nor does He attach importance to them. He looks at your hearts and deeds; these are what matter to Him.
In such circumstances, can one man mock, ridicule, or insult another because of his physical build, bodily defects, poverty, or hardship? Can this ever be permissible?
It is related in a hadith that when the garment of Abdullah ibn Masud (may Allah be pleased with him) slipped, it was seen that his lower legs were very thin and slender. Some people present laughed mockingly at the sight. The Noble Prophet (peace be upon him) then said: (Arabic*******************)
Are you laughing at his thin, slender lower legs? By Him in whose hand is my soul, these two legs are heavier on Allah’s scales than Mount Uhud.
The Qur’an Majid describes how the criminal polytheists mocked and insulted the believing Muslims, particularly the weak among them, such as Bilal and Ammar. It also states how the scales will be overturned on the Day of Resurrection and how those who mock and insult today will themselves be objects of mockery then. It says: (Arabic*******************)
The criminals used to laugh mockingly when they saw the believers. When they passed by them, they exchanged gestures and signs. When they returned to their own people, they expressed great satisfaction and triumph. When they saw them, they said, “These are surely misguided people,” although they had not been sent as their guardians. So today the believers will laugh mockingly at the disbelievers.
The prohibition against women mocking and insulting one another is already included in the first part of this verse. Nevertheless, it was considered necessary to state it separately and explicitly concerning women, saying that no woman should mock or insult other women. This is because such conduct among women is extremely vile and repulsive, revealing a depraved character and mentality, and it is observed widely and conspicuously among them.
Slandering and Discrediting
The second prohibited act in this category is slandering and discrediting other people. Whoever slanders and discredits others is as though he wounds them with arrows or sword blows. But the wound caused by words is even more grievous. It is said in Arabic poetry: (Arabic*******************)
Wounds from spears and lances eventually heal, but wounds caused by words never heal.
The way the word is expressed in the verse is indeed a distinctive feature of Allah’s revelation. It says: (Arabic*******************)—Do not wound one another.
That is, do not wound and injure one another. This clearly shows that the Qur’an regards Muslim society as “a single indivisible personality.” For all its members are responsible for and complementary to one another. Thus, if one person wounds his brother, he is in reality wounding and injuring himself.
Calling People by Offensive Epithets
Just as injuring others is unlawful, calling one another by offensive epithets is also unlawful. This means calling someone by a word or name that hurts or displeases him. It humiliates, mocks, and wounds him, causing pain to his heart. No person should hurt his brother in this way. Such conduct sours people’s dispositions, violates the bounds of brotherhood, and is contrary to ordinary courtesy and good taste.
Bad Opinion
Islam wants the members of Muslim society to live with clean, pure, and innocent feelings toward one another. Complete mutual trust and reliance should be firmly established. They should not harbor any suspicion, distrust, or disbelief toward one another. No one should hold a bad opinion of another or make false accusations. For this reason, the previously cited verse mentions this as the fourth prohibited and unlawful act. Islam is never prepared to tolerate any impairment of human honor and dignity. It says: (Arabic*******************)
O believers, avoid much suspicion about people, for some suspicion is sinful. (Surah al-Hujurat: 12)
Needless to say, “suspicion” here means harboring bad opinions.
Therefore, no Muslim should harbor a bad opinion of his Muslim brother unless conclusive evidence is found.
People must fundamentally be presumed innocent. It is entirely wrong for the whisperings of bad suspicion to convict innocent people. The Noble Prophet (peace be upon him) therefore said: (Arabic*******************)
Keep away from suspicion concerning people, for suspicion is the most false of speech.
It is true that, because of human weakness, people are often unable to keep themselves entirely free of suspicion and the like. They may begin to doubt certain people, especially those with whom their relationship has deteriorated. But every Muslim must refuse to submit to such suspicion, give it no place, and not pursue it. A hadith has also been narrated in this regard: (Arabic*******************)
When suspicion arises in your mind, do not accept it as truth.
Searching for Faults
Distrust of others pushes a person toward a hidden psychological state, namely, harboring suspicion. He then becomes engaged in an outward activity: searching for faults. Yet Islam is firmly determined to keep human society clean and pure, inwardly and outwardly, within a wholesome environment.
For this reason, along with forbidding suspicion, Islam has also forbidden searching for the faults of others. Suspicion is the principal cause of such fault-finding.
Every person possesses honor and dignity. It is never permissible to search out his faults, violate that honor and dignity, and expose his hidden matters openly and shamefully before society. Regardless of what fault or sinful act someone may privately be involved in, as long as it remains concealed, it is entirely improper and undesirable for anyone to take the initiative to expose it.
Abu al-Haytham, the court scribe of Uqbah ibn Amir (may Allah be pleased with him), said: I told Uqbah ibn Amir, “I have some neighbors who drink wine, and I want to call the police and have them arrested.” He said, “Do not do that. Explain to them, advise them, and admonish them.” I said, “I have forbidden them many times, but they do not listen. In this situation, what else can be done besides calling the police and having them arrested?” He said, “No! Woe to you! Do not do that. I heard the Messenger of Allah (peace be upon him) say: (Arabic*******************)
Whoever conceals someone’s secret and does not disclose it is like one who brings a living person buried in his grave back to life. (Abu Dawud, al-Nasa’i, Ibn Majah)
The Noble Prophet (peace be upon him) counted searching for people’s hidden faults among the traits of hypocrites. Hypocrites are those who say with their mouths, “We have believed,” while their hearts have not truly believed. The Noble Prophet (peace be upon him) criticized such people harshly in public. It is narrated from Ibn Umar (may Allah be pleased with him) that he said: The Noble Prophet (peace be upon him) stood on the pulpit and called out in a loud voice: (Arabic*******************)
O those who have accepted faith and Islam with their tongues, but faith has not reached their hearts: do not harm the Muslims, and do not search for their hidden faults. Whoever searches for the hidden faults of his Muslim brother, Allah will search for his faults. And whoever’s hidden faults Allah searches for, He will disgrace and humiliate him, even if he remains in a corner of his house. (al-Tirmidhi, Ibn Majah)
To fully preserve and protect people’s honor and dignity, the Noble Prophet (peace be upon him) strictly prohibited entering anyone’s home without the permission of its occupants. He stated that if the occupants retaliated in such a case, they would incur no sin. He said: (Arabic*******************)
If someone looked into another person’s house without the occupants’ permission, it became completely lawful for the occupants to put out his eye.
Listening without people’s knowledge or permission to what they say while sitting in their home has also been declared unlawful. The Noble Prophet (peace be upon him) said: (Arabic*******************)
Whoever secretly listens to other people’s conversations, when they would not want anyone to listen in secret, will have molten lead poured into both his ears on the Day of Resurrection. (Al-Bukhari)
If someone goes to another person’s home intending to meet him, it is completely unlawful to enter without his permission and without first offering the greeting of peace. He must first give salam and ask permission to enter. This is obligatory. It has been commanded: (Arabic*******************)
O believers! Do not enter any houses other than your own until you have asked permission and greeted their occupants. That is better for you, so that you may remember. If you find no one there, then do not enter until permission is given to you. This is a purer course of conduct for you. Allah is fully aware of whatever you do. (Surah al-Nur: 27–28)
It is narrated in a hadith: (Arabic*******************)
Whoever uncovers something private and looks at it before permission is granted has entered a boundary that it is not lawful for him to enter. (Ahmad, al-Tirmidhi)
Searching for the faults of others—carefully seeking out hidden defects—is generally unlawful for everyone. This prohibition applies equally to rulers, administrators, and the governed; no one is exempt, and no one has permission to do it. Muawiyah (may Allah be pleased with him) narrated from the Messenger of Allah (peace be upon him), who said: (Arabic*******************)
If you search for people’s hidden faults, you will corrupt them or bring them close to corruption. (Abu Dawud, Ibn Majah)
He also said: (Arabic*******************)
When a ruler or administrator begins searching for words of doubt and suspicion among the people, he corrupts them. (Abu Dawud)
Backbiting
The sixth matter declared unlawful by the aforementioned verse is backbiting. The relevant passage is: (Arabic*******************)
Do not backbite one another. (Surah al-Hujurat: 12)
The Noble Prophet (peace be upon him) explained the meaning of the word “backbiting” to his Companions through questions and answers. He addressed them, saying: (Arabic*******************)—Do you know what backbiting is?
The Companions said, “Allah and His Messenger know best.” He then said: (Arabic*******************)
Backbiting is mentioning your brother in a way he dislikes. It was asked, “O Messenger of Allah, what if what I say about my brother is actually true?” He said, “If what you say is present in him, then you have backbitten him. If it is not present in him, then you have slandered him with a false accusation.” (Muslim, Abu Dawud, al-Tirmidhi, al-Nasa’i)
Saying about someone in his absence something he dislikes includes everything relating to his physical form and appearance, character, actions, lineage, and all matters connected with him. Aisha (may Allah be pleased with her) said: (Arabic*******************)
I said to the Messenger of Allah (peace be upon him), “The shortness of your wife Safiyyah is enough to describe her.” The Noble Prophet (peace be upon him) said, “You have said a word which, if mixed with the water of the sea, would change its color.” (Abu Dawud, al-Tirmidhi, al-Bayhaqi)
In reality, backbiting reveals the expression of a depraved inclination to demean others. It reflects a strong desire to damage their honor, reputation, and dignity by taking advantage of their absence. It exposes the backbiter’s base mentality, lowliness, and corrupt nature, for it is like striking from behind. It proves that the backbiter has no worthwhile work of his own; he displays his skill only in backbiting. The tendency to backbite is socially destructive, because very few people can escape the sword blows of the tongues of those accustomed to backbiting.
In these circumstances, there is no cause for wonder if the Qur’an Majid has exposed its horrific and vile nature and presented it in a form that arouses intense disgust in people’s hearts. That image is this: (Arabic*******************)
Let none of you backbite another. Would any of you like to eat the flesh of his dead brother? You would certainly detest it.
A person cannot possibly like eating human flesh. How, then, could he eat the flesh of his own brother—of his dead brother?
Whenever the Noble Prophet (peace be upon him) found an opportunity, occasion, and setting, he would expose this image of backbiting. He wanted this repulsive picture to remain constantly alive in people’s minds.
Ibn Masud (may Allah be pleased with him) said: (Arabic*******************)
We were present in the company of the Messenger of Allah (peace be upon him). A man then left the gathering. Another man said something insulting about him. The Noble Prophet (peace be upon him) said to this man, “Pick your teeth.” He asked, “Why should I pick my teeth? I have not eaten any meat.” The Noble Prophet (peace be upon him) said, “You have just eaten the flesh of your brother.”
Jabir (may Allah be pleased with him) narrated; he said: (Arabic*******************)
We were with the Noble Prophet (peace be upon him) when a very foul-smelling wind began to blow. The Noble Prophet (peace be upon him) said, “Do you know what this wind is?… It is the wind of those believers who backbite.” (Ahmad)
The Limits of Permissible Backbiting
All the Qur’anic verses and hadiths cited above conclusively prove that, in Islam, a person’s dignity is highly sacred and protected.
However, according to Islamic authorities, a few aspects of backbiting are exceptions to the prohibition. Where necessity leaves no means other than backbiting, this constitutes an exception, and it may be used only because of that necessity.
When an oppressed person complains against an oppressor, he may disclose facts about the oppressor that the latter dislikes, provided they are all true; he has the right to do so. If it becomes necessary to speak against someone in order to complain about such oppression, it must be done. Allah the Exalted has said: (Arabic*******************)
Allah the Exalted does not like the public utterance or propagation of evil speech, except by one who has been wronged; his case is distinct. Allah is All-Hearing, All-Knowing. (Surah al-Nisa: 148)
Someone may ask about a particular person in order to learn about his character before entering into business with him, or because someone wishes to marry his daughter to that man and wants information about the prospective groom. In such cases, there is on one side the duty to provide truthful information about the person’s actual condition, and on the other the duty to protect the absent person’s honor and reputation. There is a serious conflict between these duties. But since the first duty is more important and sacred, its priority must be acknowledged. Fatimah bint Qays informed the Noble Prophet (peace be upon him) of two marriage proposals she had received and asked his advice about which to accept. He said of one of them, “This man beats his wife severely. He never lowers his stick from his shoulder.”
Another exception is speaking in order to change wrongdoing and sin. According to the hadith, this is a duty.
If a person is known by a name he dislikes, but he cannot be identified without using that name—for example, Ara j, meaning “the lame,” Amash, meaning one with weak eyesight, or “the son of so-and-so”—then it may be used for the purpose of identification. Examining witnesses, hadith narrators, and informants, and discussing their character and qualities, also falls under this category.
There are two grounds on which backbiting may be permissible in this context:
First, necessity; second, intention and motive. No one should enter this prohibited sphere until the need to mention the absent person’s objectionable matter becomes urgent. If the need can be met by hints and indirect words, one must refrain from stating it explicitly. Alternatively, the matter may be expressed generally without naming a particular person, such as by asking, “What is your view of someone who does such-and-such?” One should not say, “So-and-so, the son of so-and-so.” Speaking about something that actually exists in the person is subject to conditions. But if something is said that does not exist in him, it is a completely false accusation and entirely unlawful.
Intention is the ultimate decisive factor in all matters at this stage. He himself knows better than others why he is speaking. It is on the basis of this intention that a distinction can be made between backbiting, criticism, advice, and publicizing faults. It is also true that a believer can—and does—take himself strictly to account regarding his own attitude.
From Islam’s perspective, it is also certain that whoever listens to backbiting must be regarded as participating in the act of backbiting. Everyone has the duty to help his brother in his absence and speak in his defense. It is stated in a hadith: ( Arabic*******************)
Whoever protects his brother’s honor and clears him of blame in his absence, Allah is bound to save him from Hell. (Ahmad)
( Arabic*******************)
Whoever protects his brother’s honor in this world, Allah will turn Hell away from him on the Day of Resurrection. (Tirmidhi)
One who lacks such courage and cannot protect his brother from the assault on his honor should at least leave that gathering and dissociate himself from those people until they turn their attention to another subject. If he does not do even that, he falls under Allah’s statement: ( Arabic*******************)—“Then you would indeed be like them.” (Surah an-Nisa 4:140)
Tale-bearing
Whenever backbiting is mentioned, another habit is mentioned alongside it that is equally sternly forbidden in Islam. That is tale-bearing: hearing something said against someone and conveying it to that person in such a way that a quarrel arises between them, mutual purity of feeling disappears, and filth and rancor develop—or the filth and rancor already present increase further.
Allah’s words were revealed in the Makkan surahs condemning this vile and destructive habit. It is stated: ( Arabic*******************)
Do not heed the word of one who swears excessively and is contemptible, who slanders people, spreads curses, and goes about as a tale-bearer. (Surah al-Qalam 68:10–11)
The Noble Prophet (peace be upon him) said: ( Arabic*******************)
A tale-bearer will not enter Paradise. (Bukhari, Muslim)
Here, the word “qattatun” means a tale-bearer. Some say that a tale-bearer is one who joins a group engaged in conversation and then carries tales about them to others. A “qattatun,” however, is one who secretly listens to people’s conversation and then begins speaking against them.
The Noble Prophet (peace be upon him) said: ( Arabic*******************)
The worst of Allah’s servants are those who carry tales, sow discord and division among friends, and strive to find faults in innocent people. (Ahmad)
Islam permits those who strive to settle disputes and reconcile people not to disclose the worst thing they know about one person. Moreover, they may add good things of their own, even if they did not hear them from one person about the other.
Islam’s intense anger and wrath fall upon those who hear an evil statement somewhere and immediately repeat it to others with the aim of conspiracy or creating hostility. They do this with the wicked intention of causing destruction and disorder in society.
Such people do not merely rely on what they hear; driven by an antisocial mentality, they do not hesitate to greatly embellish what they have heard or fabricate additions of their own. If they hear something good, they keep it secret. If they hear something bad, they spread it widely. And if they hear nothing, they lie.
A man conveyed to Caliph Umar ibn Abd al-Aziz something about another person that he disliked. Caliph Umar II said, “If you wish, I will investigate your matter. If you are lying, you fall under this Qur’anic verse: ( Arabic*******************)”
If a wicked person comes to you with news, verify its truth and accuracy.
And if you are truthful, you fall under this verse: ( Arabic*******************) And if you wish, we shall pardon you.” The man said, “O Commander of the Believers, forgive me. I will never do such a thing again.”
Preserving Honor and Dignity
We have seen how much importance Islam, through its sublime teachings, places on preserving people’s honor and dignity. It is also noteworthy that preserving human dignity extends to the limits of safeguarding its sanctity. Once, Abdullah ibn Umar (may Allah be pleased with him) looked toward the Kaaba and began saying: ( Arabic*******************)
O Kaaba! What more can I say about your immense honor and the greatness of your status? Yet the honor of a believer is far higher and greater than yours. The honor of a believer is reflected in his dignity, blood, and wealth.
In his Farewell Hajj sermon, the Noble Prophet (peace be upon him) addressed the vast Muslim gathering and said: ( Arabic*******************)
Know that your wealth, your honor and chastity, and your blood are sacred and inviolable to one another, just as the sanctity of this day, in this month, in this city of yours.
Islam has also protected a person’s honor and chastity by forbidding people to say about him in his absence something that is true but which he dislikes. How, then, could there be any room for saying something fabricated and baseless? If it is said, it is certainly a grave crime and sin. It is stated in a hadith: ( Arabic*******************)
Whoever says about someone something that is not in him, merely intending to disgrace him, Allah will imprison him in Hell on the Day of Resurrection until he proves the truth of what he said. (Tabarani)
It is narrated from Aisha (may Allah be pleased with her) that the Noble Prophet (peace be upon him) said to his Companions: ( Arabic*******************)
Do you know what the greatest usury is in the sight of Allah? The Companions said, “Allah and His Messenger know best.” He said, “The greatest usury in the sight of Allah is the desire to destroy the honor of Muslims.” Then he recited a Qur’anic verse, whose meaning is: Those who harm believing men and women without their having committed any offense bear the burden of a false accusation and a manifest sin. (Surah al-Ahzab 33:58)
The greatest sin at this level is attacking people’s honor and chastity, such as accusing chaste, virtuous believing women of immoral conduct. This may damage their reputation, lineage, and family honor and dignity, and may also bring danger upon their future. Moreover, such conduct reveals an inclination to spread shamelessness and immorality widely among the community of believers.
For this reason, the Noble Prophet (peace be upon him) counted this among the seven destructive major sins, and the Noble Qur’an promised a harsh and terrible outcome for it. It is stated: ( Arabic*******************)
Those who accuse unsuspecting, chaste believing women of immorality are cursed in this world and the Hereafter, and theirs is a great punishment. On the Day when their tongues, hands, and feet will testify against them concerning what they used to do, Allah will give them their full recompense, and they will know that Allah is the manifest Truth.
It is also stated: ( Arabic*******************)
Those who love to see immorality and sinful acts spread widely among the community of believers will have a punishment in this world and the Hereafter. Allah knows, and you do not know. (Surah an-Nur 24:19)
The Sanctity of Blood
Islam has made human life supremely honorable and dignified. It has proclaimed the sanctity of the human soul and identified violating it as, after disbelief, the greatest sin in Allah’s sight. The Noble Qur’an declares: ( Arabic*******************)
Whoever kills a person without that person having committed murder or corruption on earth, it is as though he has killed all mankind. This is because, in Islam’s view, all people belong to one family. Thus, when one of them is killed or wronged, the blow falls upon the entire human race, and its harmful consequences affect everyone.
But if the murdered person is a believer, the prohibition becomes even more severe and emphatic. The Noble Qur’an states regarding this: ( Arabic*******************)
Whoever intentionally kills a believer, his recompense is Hell; he will remain there forever. Allah will be angry with him, curse him, and prepare for him a great punishment.
The Noble Messenger (peace be upon him) said: ( Arabic*******************)
In Allah’s sight, the destruction of the entire world is a lighter matter than the killing of one Muslim. (Muslim, Nasa’i, Tirmidhi)
He said: ( Arabic*******************)
A believer remains within the expansiveness of his religion until he commits the unlawful killing of a person.
He said: ( Arabic*******************)
Allah Most High may forgive every sin, except that of one who dies as a polytheist or intentionally kills a believer.
On the basis of these verses and hadiths, Ibn Abbas (may Allah be pleased with him) held that the murderer’s repentance would not be accepted. In other words, he considered returning the rights of the persons concerned or satisfying them a condition for repentance to be accepted. But how can the right of the victim be returned, or how can he be satisfied?
Others have said that sincere repentance will certainly be accepted. Such repentance can even secure forgiveness for the sin of polytheism. Why, then, should a lesser sin not be forgiven through repentance?
Allah Most High has said: ( Arabic*******************)
Those who do not invoke another deity besides Allah, do not kill any person whom Allah has forbidden to kill except with due right, and do not commit adultery—and whoever does these things will meet the penalty of his sin. His punishment will be doubled on the Day of Resurrection, and he will remain there humiliated forever. Except for those who repent, believe, and do righteous deeds: Allah will transform their evil deeds into good deeds. Allah is Forgiving and Merciful. (Surah al-Furqan 25:68–70)
Both the Killer and the Killed Are Bound for Hell
The Noble Prophet (peace be upon him) declared engaging in bloody warfare with Muslims to be a gateway to disbelief and described it as an act of the Age of Ignorance. The people of that time were constantly engaged in warfare and did not hesitate to shed rivers of blood over a camel or a horse. The Noble Prophet (peace be upon him) said: ( Arabic*******************)
Insulting a Muslim is an act of wickedness, and engaging in bloody warfare with him is manifest disbelief. (Bukhari, Muslim)
Another statement of the Noble Prophet (peace be upon him) is: ( Arabic*******************)
After I am gone, do not revert to disbelief by turning against one another and beginning to cut one another’s throats. (Bukhari, Muslim)
Another hadith states: When one of two Muslims takes up a weapon against his brother, both of them stand at the brink of Hell. Then, when one kills the other, both enter Hell. It was asked, “O Messenger, the killer’s entering Hell is understandable, but why will the slain person enter Hell?” He said: ( Arabic*******************)
He too intended to kill his companion. (Bukhari, Muslim)
For this reason, the Noble Prophet (peace be upon him) prohibited every act that could lead to killing or bloody warfare. Pointing with a weapon also falls under this prohibition. He said: ( Arabic*******************)
None of you should point a weapon at his brother, for he may not realize when Satan causes the weapon to slip from his hand and he falls into a pit of Hell. (Bukhari, Muslim)
He said: ( Arabic*******************)
When someone points a weapon at his brother, the angels curse him until he desists, even if the person is his own brother. (Muslim)
He also said: ( Arabic*******************)
It is not permissible for a Muslim to frighten another Muslim.
The sin is not confined to the killer alone. Rather, whoever participates in it through any word or deed also shares in the sin of the killing. Allah’s anger, wrath, and displeasure fall upon him according to the extent of his participation. Even one who is present at the scene of the murder but remains inactive shares in this sin. It is stated in a hadith: ( Arabic*******************)
No one should remain present where a person is being unjustly killed without cause. Whoever is present at such a killing and does not try to save him will also be subject to a curse.
The Sanctity of the Blood of Covenant-Bound and Dhimmi Persons
These verses and hadiths warn against killing Muslims and engaging in bloody warfare with them. This is the ruling of the Shariah and the guidance for Muslims living in a Muslim society. But this does not mean that the blood of a non-Muslim is lawful! In fact, the blood of every human being must be protected. A non-Muslim may not be killed and must be allowed to live as a human being unless he engages in war against Muslims. If a non-Muslim declares war against Muslims, then his blood may be shed. But if that non-Muslim has a treaty with a Muslim state or is a dhimmi, the protection of his blood is obligatory. It will never be lawful for a Muslim to transgress. The Noble Prophet (peace be upon him) said concerning this: ( Arabic*******************)
Whoever kills a person bound by a covenant will not even smell the fragrance of Paradise, although its fragrance can be detected from a distance of forty years’ travel.
It is stated in another narration: ( Arabic*******************)
Whoever kills a dhimmi will not smell the fragrance of Paradise.
When the Sanctity of Blood Does Not Apply
Allah Most High has said: ( Arabic*******************)
Do not kill the person whose life Allah has made sacred, except with due right. (Surah al-An’am 6:151)
The due right mentioned here, which permits a person to be killed, means killing as punishment for a crime. There are three such crimes:
1. Unjust murder. When a person is proven guilty of murder, qisas becomes obligatory. Qisas means killing the murderer as punishment for the killing—in other words, a life for a life. The Qur’an states: ( Arabic*******************)
There is life for you in retribution for murder.
2. Committing adultery openly, such that four upright men testify that they witnessed it with their own eyes. The condition is that the person must be aware of lawful marriage. Even if no witnesses are found, the crime is established and the prescribed punishment imposed if the offender repeatedly confesses his crime before the judge.
3. After accepting Islam, declaring rebellion against the religion of Islam may also make a person liable to be killed as punishment. This occurs when his rebellion becomes a challenge to the Muslim nation. Islam does not compel anyone to accept it. But Islam cannot tolerate someone playing with the religion—accepting it and then rebelling against it. The Jews began such a practice. The Noble Qur’an states that they told their people: ( Arabic*******************)
Believe in what was revealed to the Muslims at the beginning of the day, and reject it at its end, perhaps they will turn back from their religion. (Surah Al Imran 3:72)
The Noble Prophet (peace be upon him) limited the grounds for making anyone’s blood lawful and permissible to these three. He said: ( Arabic*******************)
The blood of a Muslim is not lawful except for three reasons: (1) taking a life in retribution for a life; (2) when a married person commits adultery; and (3) one who abandons the religion of Islam and separates himself from the Muslim community.
However, shedding a Muslim’s blood as punishment for these three crimes is permissible only for the ruler or administrator. It is not permissible for individuals to carry out such punishment on their own. Otherwise, there would be no order or discipline, and complete anarchy would result. Every individual in society would then become his own judge and executioner. Qisas is obligatory in the case of intentional murder. Islam has nevertheless granted the victim’s heirs the right to carry out qisas themselves, even when the administrative authorities are present. This will relieve their grief, anger, and resentment, satisfy their desire for revenge, and fulfill Allah’s statement: ( Arabic*******************)
For the heirs of one who is killed unjustly and without cause, We have granted authority for retribution, but they must not exceed the limits in killing. Surely, he will be aided.
Suicide
The ruling that applies to murder as a crime applies fully to a person’s suicide, just as it applies to killing another person. Thus, whoever commits suicide, regardless of whose help he receives, has committed a form of homicide that Allah Most High has forbidden when done unjustly and without cause.
Indeed, no person’s life belongs to him. He did not create himself, nor did he make even one limb or cell of his body. His life and soul are a trust placed with him; Allah entrusted this trust to him. Therefore, he has no right to interfere with it in any way. How, then, can he kill it? Any self-initiated attempt to escape from this life would certainly be a crime. Allah Most High has said: ( Arabic*******************)
Do not kill yourselves. Surely Allah is ever Merciful to you. (Surah an-Nisa 4:29)
Islam wants Muslims to be extremely courageous, resolute, and steadfast in facing the harsh realities of life. No one has been granted the right, under any circumstances, to flee from life. No one may open this chapter of life and try to run away whenever danger, crisis, or difficulty appears, or reject life in disappointment when hopes fail. The believer was created for jihad and wholehearted striving, not to sit idle. His duty is to enter the battle before him; flight and retreat are unbecoming for him. His faith and character themselves refuse to let him flee from the arena of life or withdraw from it. He possesses a weapon that never grows old and an inexhaustible treasury that is never depleted. That weapon is faith, firm and strong, and that treasury is the store of steadfast morality.
The Noble Prophet (peace be upon him) warned in advance that whoever proceeds to commit the heinous crime of suicide will be deprived of Allah’s mercy and will fall into Hell, becoming subject to Allah’s intense wrath and displeasure. He said: ( Arabic*******************)
Among the people who lived before you there was a man who became wounded and began to writhe in agony. In that condition, he took a knife and cut his own hand. So much blood flowed that he died. Allah the Exalted said concerning this man: “My servant hastened his own end. Therefore, I have forbidden Paradise to him.” (Bukhari, Muslim)
Because he could not bear the pain of his wound and killed himself, Paradise was forbidden to him. When this is the case, it is easy to understand how serious and unforgivable before Allah must be the case of those who commit suicide because of a small loss in business, failure to advance in employment, failure to pass an examination, or frustration of their hopes. People of weak resolve should heed this warning, which is stated in a hadith of the Noble Prophet (peace be upon him):
Whoever throws himself from a mountain and commits suicide will remain forever in the Fire of Hell and will never escape from it. Whoever drinks poison and commits suicide will continue drinking poison with his own hand in the Fire of Hell forever. And whoever commits suicide with an iron weapon will continue striking himself with that iron object in Hell forever and ever. (Bukhari, Muslim)
The Status of Wealth
There is nothing blameworthy for a Muslim in earning and saving wealth through lawful means and increasing it by methods sanctioned by the Shariah. Whereas other scriptures have said that a rich person cannot enter the heavenly kingdom until a camel passes through the eye of a needle, Islam has proclaimed:
Islam has declared personal ownership of lawful wealth permissible. Therefore, with the support of Shariah law and guidance toward moral conduct, it has prevented transgressors from interfering with it and has forbidden abduction, theft, and robbery.
The Noble Prophet (peace be upon him) mentioned the sanctity of wealth, blood, and honor together, and declared theft contrary to faith. He said:
When a thief commits theft, he is not a believer.
Allah the Exalted said:
As for the male thief and the female thief, cut off their hands as a recompense for what they have earned and as a punishment ordained by Allah. And Allah is Almighty, All-Wise. (Surah al-Ma’idah: 38)
The Noble Prophet (peace be upon him) said:
It is not permissible for a Muslim even to take another person’s stick without that person’s willing permission.
A Muslim’s wealth is highly sacred to a Muslim, and taking it wrongfully is completely forbidden. The Noble Prophet (peace be upon him) spoke in this way precisely to convey the severity of this matter. Allah the Exalted further said:
O believers, do not consume one another’s wealth wrongfully. But there is no blame in any business conducted by mutual consent. (Surah al-Nisa: 29)
Bribery Is Forbidden
One means of consuming people’s wealth through false and wrongful methods is bribery. Giving wealth to a person of influence and authority, or to an ordinary official, so that he will rule in one’s favor, make one prevail over one’s opponent, give one a job, delay one’s enemy’s work, or for similar purposes—that is bribery.
Islam has forever forbidden rulers, administrators, and their assistants from resorting to bribery. Giving it to them, accepting it, or acting as an intermediary between the giver and the recipient—all of this is forbidden. Allah the Exalted said:
Do not consume one another’s wealth through false means, nor present it to administrators with the aim of consuming a portion of people’s wealth wrongfully and knowingly.
The Noble Prophet (peace be upon him) said:
Allah’s curse is upon both the one who gives a bribe and the one who takes a bribe in government and state affairs. (Ahmad)
Hazrat Thawban (may Allah be pleased with him) said:
The Messenger of Allah (peace be upon him) cursed the bribe-giver, the bribe-taker, and the one who establishes contact between them. (Ahmad, Hakim)
If a bribe-taker accepts a bribe in order to oppress someone, the degree of his offense increases many times over. And if he accepts it with the intention of administering justice, then administering justice is his duty, and he has no right to accept any wealth for it.
The Messenger of Allah (peace be upon him) sent Hazrat Abdullah ibn Rawahah (may Allah be pleased with him) to the Jews, assigning him to determine the amount of tax due on their date harvest. They then offered him some wealth as a bribe. Seeing this, Ibn Rawahah said to them, “The bribe you have offered is forbidden. We will never consume it.” (Imam Malik)
It is not surprising that Islam has forbidden bribery, nor that it has dealt severely with all who participate in it. For a society in which it becomes widespread is bound to be afflicted by oppression, and its destruction is inevitable. When someone administers unjustly or gives an unjust judgment, or when an administrator refuses to judge according to truth and justice; when the one who is behind is brought forward and the one who is ahead is pushed back, selfishness becomes dominant in that society instead of a spirit of duty.
Gifts for Rulers and Administrators
Bribery—in whatever form or under whatever name—is forbidden by Islam. Even if it is called a gift, a present, or an offering, it does not leave the realm of the forbidden and enter the realm of the lawful.
It is reported in a hadith that the Messenger of Allah (peace be upon him) said:
If we appoint someone to a position and determine and assign his salary, then if he takes anything beyond that, it is treachery. (Abu Dawud)
Some gifts were presented to Caliph Umar ibn Abd al-Aziz, but he rejected them. He was then told, “The Messenger of Allah (peace be upon him) himself accepted gifts, yet you do not?” He replied, “Yes, they were gifts for him, but for us they are nothing other than bribes.”
The Messenger of Allah (peace be upon him) sent a man to the tribe of Azd to collect charity and zakat. When he returned to him, he kept some of the wealth for himself and said, “This is for you, and these were given to me as gifts.” Hearing this, the Noble Prophet (peace be upon him) became very angry and said:
If what you say is true, then you should have remained sitting in your parents’ house, and then we would have seen who would give you gifts. He later said:
What is the matter with one of you? I appoint him as a government official, and then he says, “This portion of the wealth received is for you, and this portion was given to me as a gift.” Why did he not remain sitting in his mother’s house? If a gift had then been given to him, the truth of his claim could have been understood. By Him in Whose hand is my life, if any of you takes wealth unlawfully, he will come on the Day of Resurrection carrying it before Allah. So let none of you be forced to come on the Day of Resurrection carrying a camel, cow, or goat on his shoulders while the animal cries out. Then he raised both hands so high that the whiteness beneath his armpits became visible. Thereafter he said, “O Allah, have I conveyed the message?”
Imam Ghazali said: In view of this severity and intensity concerning bribery, it must be said that judges, administrators, and other officials like them ought to remain sitting in their parents’ homes. If, after being removed from office, gifts were given to them while they were in their mothers’ homes, accepting them might be permissible, even while they remained appointed to their positions. But anything known to have been given because of their office is completely forbidden to accept. If it is not known whether gifts from friends would have been given even after their removal from office, there is doubt concerning them. Therefore, they should be avoided.
Giving a Bribe to Stop Oppression
If matters reach such a state that there is no way to obtain one’s rightful due without paying a bribe, or one has fallen into such oppression that escape from it is utterly impossible without a bribe, then one should exercise patience and forbearance until Allah creates a better way for that person to obtain his right and be freed from oppression.
For this reason, when the path of bribery is taken, the bribe-taker alone will be sinful. In such a situation, the bribe-giver will not be sinful if he has tried all other lawful means without success, resorts to it only as a last resort, and is able to use it solely to remove oppression from himself and obtain his rightful due without interfering with the rights of others.
Some scholars have cited as evidence in support of this view hadiths reporting that a group of people would cling to the Messenger of Allah (peace be upon him) to obtain charity. Although they were not rightfully entitled to receive anything, he would give them something. It is narrated from Hazrat Umar (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said:
Some of you leave me carrying charity wealth under his arm, although it is fire for him. Hazrat Umar (may Allah be pleased with him) said, “When you yourself know that it is fire for him, why do you give it to him?”
He replied, “What can I do? They keep asking and clinging to me in such a way that they cannot be dismissed. And Allah, the Most Glorious, does not want me to be miserly.”
Since the Messenger of Allah (peace be upon him), because of persistent and insistent requests, would give a petitioner some wealth while knowing that it was fire for him, why should it not be permissible to give a bribe when necessary to stop oppression and obtain one’s rightful due?
Wasting One’s Own Wealth
Just as every person has a duty to respect other people’s wealth, and any wrongful interference with it, secretly or openly, is forbidden, everyone must likewise respect his own wealth. Therefore, wasting, squandering, destroying, or scattering one’s wealth with either hand is completely prohibited.
This is because the wealth of individuals contains a right belonging to the nation and society as a whole. The owner’s right of ownership must certainly be recognized above all others. For this reason, when a foolish owner destroys his wealth, society has the right and authority to establish control over him, because that wealth also contains a share belonging to society as a whole. At this point, the Noble Quran says:
Do not hand over your wealth to the foolish, which Allah has made a means of support and establishment for you; provide them with sustenance from it and speak to them good and kind words.
In this verse, Allah the Exalted is primarily addressing society as a whole: “Do not hand over your wealth.” Although outwardly this wealth is privately owned by individuals, each person’s wealth is in reality national property belonging to society as a whole.
Indeed, Islam is the religion of justice, fairness, and balance. The Muslim ummah is a moderate ummah, established upon the middle course. The Muslim ideal is to establish justice and fairness in every sphere. For this reason, Allah the Exalted has clearly and sternly forbidden believers both to waste and squander wealth and to be miserly and niggardly. He said:
O children of Adam, wear your adornment at every mosque. Eat and drink, but do not waste; surely Allah does not love those who waste.
Spending wealth on things Allah has forbidden is also wasteful spending, such as drinking alcohol, purchasing substances that cloud the mind, and buying vessels of gold and silver. Whether the amount spent in such matters is small or large, all of it is prohibited.
Islam gives no permission to squander wealth either on oneself or on others. The Noble Prophet (peace be upon him) explicitly forbade the destruction of wealth. (Bukhari)
Spending excessively on unnecessary things is nothing other than waste and extravagance. Such wastefulness reduces a person to poverty. Eventually, he may have so little wealth left that he cannot even meet his basic needs.
A verse of the Noble Quran says:
They ask you, O Prophet, what they should spend. Say: “Whatever is beyond your needs.” (Surah al-Baqarah: 219)
In his commentary on this verse, Imam Fakhr al-Din al-Razi wrote:
Allah the Exalted taught people the proper method of spending their wealth. In the cited verse, addressing the Noble Prophet (peace be upon him), He said: Give relatives their due, and also the needy and the traveler, and do not spend wastefully. Those who spend wastefully are counted among the brothers of Satan. (Al-Imran: 26) He also said: Do not keep your hand chained to your neck, nor extend it completely open. (Al-Imran: 29) He said: Those who spend neither wastefully nor stingily. (Al-Furqan: 67) The Noble Prophet (peace be upon him) said: If any of you possesses wealth, he should begin spending it on himself. Then he should spend on those whose maintenance is his responsibility, and after them on others. (Muslim) He said: The best charity is that which leaves a person self-sufficient. (Tabarani) Hazrat Jabir ibn Abdullah (may Allah be pleased with him) said: We were present before the Messenger of Allah (peace be upon him). A man came carrying gold about the size of an egg and said, “Accept this as a donation. By Allah, I possess nothing else.” The Noble Prophet (peace be upon him) turned away from him, but the man came forward again. He then said, “Give it.” He accepted it with great displeasure and anger and threw it toward the man so forcefully that, had it struck someone, it would have injured him. Then he said: One of you brings all his wealth and then sits before people with his hand extended, begging. Charity is only that which is given while preserving the giver’s financial sufficiency. Take this; I have no need of it. (Abu Dawud, Hakim) The Noble Prophet (peace be upon him) used to store a year’s food for the members of his household. (Bukhari) The intelligent say that the best policy lies between the two extremes: excessive extravagance and spending less than one’s needs. Spending beyond one’s needs is wasteful expenditure, while spending too little is miserliness and stinginess. A balanced policy is best, and this is what Allah the Exalted meant by saying, “Whatever is beyond your needs.” The Muhammadan Shariah depends upon understanding and preserving this subtle and profound truth. The Jewish Shariah is founded upon austerity and severity, while the Christian religious law follows complete generosity and leniency. In all these matters, the Muhammadan Shariah is the bearer and initiator of the middle course. For this reason, compared with the other Shariahs, it is an exceedingly complete and mature law. (Tafsir, Fakhr al-Din al-Razi, volume 6)
Relations with Non-Muslims
To summarize Islam’s principles and ideals concerning conduct toward opponents of the religion, it is sufficient to mention two verses of the Noble Quran. These two verses are suitable to serve as a comprehensive constitution in this matter. Allah the Exalted has said:
Allah does not forbid you from dealing kindly and justly with those who have not fought you on account of religion and have not expelled you from your homes. Surely Allah loves those who act justly. He only forbids you from befriending those who have fought you on account of religion, expelled you from your homes, and supported one another in your expulsion. Those who befriend them are the wrongdoers.
For those with whom Muslims have no war or hostility, who have neither fought Muslims because of religion nor expelled them from their homes, the first of the aforementioned verses does not merely encourage justice and fairness toward them; it also encourages kind and benevolent conduct and seeking their welfare. The word used in the verse conveys the broad meaning of goodness and benevolence and rises above justice and fairness. Muslims understand from this word the highest standard of human rights. For example, it denotes rendering the fullest goodness in fulfilling the rights of parents. At this point the Quran says: “Surely Allah loves those who act justly.” Every believer naturally loves and strives at all times to do what Allah likes and loves. This is universally known.
The words “Allah does not forbid you” do not imply anything contrary to the desirability of kind conduct. This form of expression was used because Muslims might think that opponents of the religion were not entitled to kind treatment and justice. To remove this mistaken notion, it was clearly stated that Allah does not prevent or forbid kind conduct, friendship, and justice toward opponents. He only forbids maintaining friendly relations with those who are engaged in war against Muslims and committing aggression against them.
The wording here is exactly like that of another verse. The verse is:
There is no blame upon those who perform Hajj or Umrah if they perform tawaf around Safa and Marwah.
The reason for this manner of expression is that some people, because of the traces of the Age of Ignorance, had hesitated to perform the ritual around the two mountains even in the Islamic period. The first aim was to remove that hesitation and reluctance. “There is no blame” was said to dispel their hesitation, although performing the ritual around these two mountains is obligatory and is counted among the essential rites of Hajj.
Granting Special Privileges to the People of the Book
When Islam does not forbid the highest standard of good conduct and justice even toward opponents of the religion—including idol-worshipping polytheists, as stated in the two verses quoted earlier, which were revealed concerning the polytheists of Arabia—it is entirely natural that Islam should grant special privileges to the People of the Book, Jews and Christians, whether they live in an Islamic country or outside it.
In the Noble Quran, these Jews and Christians are addressed as the People of the Book—those who were given a Book. This is meant to show that they are, in reality, people who uphold a religion revealed by Allah. Therefore, there is a close kinship between them and the Muslims. The fundamental religion and law with which Allah sent His prophets and messengers is, in reality, one and the same. One verse is worth mentioning:
He has prescribed for you the same religion He enjoined upon Noah, and which We have revealed to you, and which We instructed Abraham, Moses, and Jesus, saying: Establish this religion and do not become divided in it. (Surah al-Shura: 13)
Muslims have been commanded to believe in all the Books revealed by Allah. Therefore, it is the duty of a Muslim to believe in all the prophets and messengers. Otherwise, his faith cannot be true and sound. It has been said:
Say: We believe in Allah and in what has been revealed to us, and what was revealed to Abraham, Ishmael, Isaac, Jacob, and the descendants, and what was given to Moses, Jesus, and the prophets from their Lord. We make no distinction between any of them, and we submit to Him. (Surah al-Baqarah: 136)
When the People of the Book read the Quran, they see that it speaks highly of their religious scriptures and prophets and messengers. Therefore, when Muslims engage in debate with the People of the Book, they must refrain from words that increase mutual hatred and hostility. It has been said:
Do not argue with the People of the Book except in the best manner, except with those among them who are unjust. Say: We believe in what has been revealed to us and in what has been revealed to you. Our God and your God are one, and to Him we submit. (Surah al-Ankabut: 46)
We have discussed in detail the generous policy Islam has adopted by permitting eating and drinking with the People of the Book, eating animals slaughtered by them, and marrying their women—although marriage is the center of profound affection and love. At this point, the following verse is worth mentioning:
The food of the People of the Book is lawful for you, and your food is lawful for them. And chaste, protected women from among the Muslim women and those who were given the Book before you are also lawful. (Surah al-Ma’idah: 5)
This is Islam’s general principle regarding the People of the Book. However, a special policy has been adopted toward Christians. The Qur’an has said concerning them that they are close to the hearts of Muslims. It says: (Arabic*******************)
You will find those who say, “We are Christians,” to be the closest of people to the believers in affection. That is because among them are many learned scholars, and they are not arrogant. (Surah al-Ma’idah: 82)
Dhimmis
The teachings quoted above include all the People of the Book. Wherever they may live, there is no exception regarding anyone. However, Islam has made special arrangements for the non-Muslims who live under the protection of an Islamic state. In Muslim terminology, they are called “dhimmis.” The word “dhimmi” means “covenant” or “pledge.” This word indicates that Allah and His Messenger have given them a pledge. The Muslim community is bound to uphold that pledge. It is that they may live completely safe and secure under the cool shade of Islam.
In modern terminology, they are residents and citizens of the Islamic state. From the earliest days until now, Muslim society has been in complete agreement that in an Islamic state, non-Muslims have the same rights as Muslims. Whatever duties and responsibilities are assigned to Muslims are likewise assigned to them. However, there is no similarity or agreement with them only in matters of creed, belief, and religion. For Islam has granted them complete freedom to remain upon their own religion.
The Noble Prophet (peace be upon him) advised Muslims in very stern terms concerning the dhimmis and declared that Allah’s displeasure was inevitable if this advice was opposed or violated. The words of the Noble Prophet are quoted in a hadith: (Arabic*******************)
Whoever causes a dhimmi pain or distress is as if he has caused me pain and distress. And whoever causes me pain and distress has caused the Almighty Allah pain. (Al-Tabarani fi al-Awsat)
(Arabic*******************) Whoever causes a dhimmi harm, I will be his claimant. And against whoever I am a claimant, I will litigate on the Day of Resurrection. (Al-Khatib)
(Arabic*******************) Whoever wrongs a person bound by covenant, diminishes his rights, burdens him beyond his strength, or takes any of his property without his will and permission, I will litigate against him on the Day of Resurrection. (Abu Dawud)
The caliphs of the Noble Messenger (peace be upon him) were always attentive and vigilant in securing the rights and protecting the dignity of these non-Muslim citizens. Despite their differences of opinion, the jurists of Islam placed special emphasis on these rights and this dignity.
The Maliki jurist Shihab al-Din al-Qarafi said:
The covenant made with the dhimmis makes certain rights of theirs obligatory upon us. For they have become our neighbors and come under our protection and security. Allah, the Messenger, and the religion of Islam have granted them security. Therefore, whoever commits any excess against them, even to the slightest degree, will be guilty of destroying the security granted by Allah, His Messenger, and the religion of Islam. Speaking ill of them, backbiting any of them, causing them any kind of pain or distress, or assisting in such acts—all of these constitute a violation of this security.
The Zahiri jurist Ibn Hazm said:
If someone comes to attack the dhimmis, it is our duty to advance to fight them with arms and to die defending them. Only then can we protect those whom Allah and the Messenger have placed under security. For in such a situation, allowing them to remain helpless and easy prey would be extremely harmful to the fulfillment of our duty to provide security.
The Nature of Relations with Non-Muslims
The question may arise: How is it possible to treat non-Muslims well and establish good relations with them when the Qur’an itself forbids forming friendly relations with the unbelievers and making them one’s allies and friends?
As it is said in the Qur’an: (Arabic*******************)
O believers! Do not take the Jews and Christians as friends and patrons. They are friends of one another! So whoever among you takes them as friends and patrons will be counted among them. Surely Allah does not guide the wrongdoers. You see those in whose hearts is a disease rushing among them.
The answer to this question is that these verses do not apply universally. Nor are all Jews, Christians, and unbelievers alike. If this were assumed, it would conflict with the other verses and proofs in this regard, which declare the permissibility of treating benevolent and virtuous people of any religion well and maintaining good relations with them. Permission has also been given to establish marital relations with the People of the Book and to marry their women. Yet concerning marriage Allah Most High has said: (Arabic*******************)
He has created between husbands and wives a relationship of deep affection, love, mercy, and compassion.
And concerning Christians He has said: (Arabic*******************)
You will find those who say, “We are Christians,” to be close to the believers in friendship.
Indeed, the prohibition against forming friendly relations with certain People of the Book applies to those who are enemies of the religion of Islam and are at war with Muslims. It is not permissible for any Muslim to help or patronize such people, disclose their secrets to them, or bring them close by making them allies against national interests. This is stated clearly in other verses. One verse may be cited: (Arabic*******************)
O believers! Do not take as intimate friends anyone other than your own people. They spare no effort to harm you. Whatever causes you pain, harm, or danger pleases them; their hostility, envy, and anger have already appeared from their mouths. And what they conceal in their hearts is even greater and more terrible. We have made the law clear to you, if only you would understand and act wisely. Beware: you love them greatly, but they do not love you at all.
The people with whom friendly relations are forbidden have been identified in clear terms in the verse cited above. In reality, they conceal intense hostility toward Muslims in their hearts. Nevertheless, signs of it emerge from their mouths.
Allah Most High has said: (Arabic*******************)
You will never find those who believe in Allah and the Last Day befriending those who oppose Allah and His Messenger, even if they are their fathers, sons, brothers, or other relatives. (Surah al-Mujadilah: 22)
Indeed, hostility toward Allah and His Messenger is not merely unbelief. It is aggression against Islam and the Muslims.
Allah has said: (Arabic*******************)
O believers! Do not take My enemies and your enemies as friends and patrons. You show them deep affection, while they have rejected the truth that has come to you. They expel the Messenger and you only because you believe in Allah, your Lord.
The polytheists of Mecca who had declared war against Allah and the Messenger and expelled the Muslims from their homes did so only because they said, “Our Lord is Allah.” The verse quoted above was revealed concerning them. Therefore, it is never permissible for Muslims to establish friendship and affection with such people. Nevertheless, the Qur’an has not expressed complete despair regarding the cleansing and purification of their hearts. Rather, it expresses hope that their attitude and mentality may change and that their present hostility may one day cease. Immediately after the verse quoted above, it says: (Arabic*******************)
It may well be that Allah will create affection between you and those whom you regard as enemies and whose hostility you fear. Allah is All-Powerful, and Allah is Forgiving and Merciful. (Surah al-Mumtahanah: 7)
This is the Qur’an’s warning. It clearly shows that it is absolutely necessary to set a limit to hostility and disputes. Judged in this light, the degree of hostility is greatly reduced. The hadith likewise says: (Arabic*******************)
Moderate your hatred toward your enemy somewhat, for he may one day become your friend.
When the opposing side becomes so powerful that people both hope to gain from them and fear them, forming friendly and affectionate relations with them becomes even more emphatically unlawful. In such circumstances, it is the hypocrites and those with diseased hearts who will be most eager to befriend them. They will maintain a secret relationship with them so that it may benefit them later. As Allah has said: (Arabic*******************)
You will see those in whose hearts is a disease rushing among them, showing eagerness. They say, “We fear that a misfortune may befall us.” But perhaps Allah will grant you victory or bring about something else by His command, and then they will regret and be ashamed of what they concealed in their hearts. (Surah al-Ma’idah: 52) (Arabic*******************)
Give the hypocrites the news that a painful punishment has been prepared for them. They are those who take the unbelievers as friends and patrons instead of the believers. Do they seek honor, strength, and power from them? Indeed, all honor, strength, power, and dominion belong to Allah. (Surah al-Nisa: 138–139)
Seeking Help from Non-Muslims
A Muslim may seek help from a non-Muslim in scientific matters such as medicine, industry, and agriculture, apart from religious matters; there is no harm in that. This permission applies to both governing authorities and ordinary people. However, it is extremely important that Muslims strive to attain self-reliance and self-sufficiency in all these fields.
The Noble Prophet (peace be upon him) himself sought help from non-Muslims in various tasks and fields in exchange for payment, and had work done by them. During the Hijrah, he sought the assistance of Abdullah ibn Ariqat, a polytheist of Mecca, to guide him on the journey. The scholars say that it is not necessarily the case that a person who is an unbeliever cannot be trusted in any matter whatsoever. The use of a polytheist’s help to guide them when leaving Mecca for Medina readily dispels every doubt in this matter.
Most importantly, scholars have stated that it is completely permissible for a Muslim leader to seek help from non-Muslims, especially from the People of the Book. They included them in war and, when victory was achieved, gave them a share of the spoils like the Muslims. In the Battle of Hunayn, Safwan ibn Umayyah fought alongside the Noble Messenger (peace be upon him) despite being a polytheist.
The condition, however, is that the non-Muslim whose assistance is accepted must have a favorable opinion and attitude toward the Muslims. If he cannot be trusted, then accepting his help is not permissible. For if accepting the help of an untrustworthy Muslim is prohibited, there is certainly no question of accepting the help of an untrustworthy unbeliever.
A Muslim may give gifts to a non-Muslim and may also accept gifts given by him. The Noble Prophet (peace be upon him) accepted gifts presented by non-Muslim kings. Numerous hadiths have been narrated and cited on this subject. The Noble Prophet (peace be upon him) told his wife Umm Salamah (may Allah be pleased with her): (Arabic*******************)
I sent the Negus gifts including a silk cloak and other items.
Indeed, Islam honors and respects human beings simply as human beings. Why, then, should similar dignified treatment and conduct not be shown toward any person from the People of the Book, a dhimmi, or a person bound by covenant?
A funeral procession was passing by the Noble Prophet (peace be upon him), and he stood up when he saw it. He was told, “O Messenger of Allah, this is the body of a Jew!” He said, “Why—was the Jew not a human being?” In Islam, every human being possesses honor and dignity.
Islam Is a Universal Mercy
Islam commands mercy toward every living creature. It even forbids showing any cruelty toward mute animals. How, then, could it be permissible for Muslims to mistreat a non-Muslim human being?
For thirteen hundred years, Islam has commanded mercy toward animals. It has declared showing them mercy to be part of faith, and has announced that causing them any kind of suffering is a cause of entering Hell.
The Noble Prophet (peace be upon him) related to his Companions that a dog was panting in distress from thirst. Seeing this, a man descended into a well, removed his shoe, filled it with water, and gave the dog water until it was satisfied. The Noble Messenger (peace be upon him) said that Allah Most High approved of this deed and forgave his sins. The Companions asked: (Arabic*******************)
O Messenger! Will we receive a reward even for doing good to animals? He replied: Whoever treats any living creature well will surely receive a good reward. (Bukhari)
Alongside this bright picture of making Allah’s forgiveness inevitable, the Noble Prophet (peace be upon him) depicted another picture—that of making Allah’s punishment and wrath inevitable. He said: (Arabic*******************)
A woman entered Hell because of her cruel treatment of a cat. She imprisoned it, neither feeding it nor releasing it, so that it could not even survive by eating insects. (Bukhari)
We see the utmost emphasis regarding animals in the conduct of the Noble Prophet. He saw a donkey whose face had been branded. He protested and said: (Arabic*******************)
By Allah, branding in this manner is not right. I brand only far away from the face. (Muslim)
Another hadith relates that a donkey passed by him. He saw that the donkey’s face had been branded, and said: (Arabic*******************)
Do you not know that I have cursed the person who brands an animal’s face or strikes it on the face? (Abu Dawud)
As mentioned earlier, Ibn Umar (may Allah be pleased with him) saw some people using a chicken as a target and practicing shooting arrows and hitting the mark. He then said: (Arabic*******************)
The Noble Prophet (peace be upon him) cursed anyone who uses a living creature as a target for shooting practice.
Abdullah ibn Abbas (may Allah be pleased with him) said: (Arabic*******************)
The Noble Prophet (peace be upon him) forbade setting animals against one another in combat. (Abu Dawud, Tirmidhi)
He also narrated: (Arabic*******************)
The Noble Prophet (peace be upon him) sternly forbade castrating animals. (Al-Bazzar)
In the Age of Ignorance, people would cut and slit the ears of animals. The Qur’an protested against this abhorrent practice and clearly stated that it was purely satanic—an act carried out at Satan’s prompting.
In discussing slaughter, we have shown that Islam places considerable emphasis on bringing peace and ease even to the animal being slaughtered. It commands that the knife be sharpened very well and kept out of the animal’s sight before slaughter.
It has also forbidden slaughtering one animal in sight of another. Has any religion or ideology in the world given such importance to showing mercy to animals?
Conclusion
In this book, we undertook to present in detail the issues of halal and haram concerning Muslims’ activities and outward conduct, and we have completed that task to the best of our ability. We had no plan to discuss the operations of the mind, the workings of psychology, or which desires, wishes, and imaginings are halal or haram, and which are intensely haram—such as envy, hatred, jealousy, pride, arrogance, ostentation, hypocrisy, greed, covetousness, and miserliness. Although these psychological states are grave haram matters, Islam has fought and opposed them fiercely, and the Noble Prophet (peace be upon him) warned against their harms. Some have been identified as deadly diseases for the Muslim ummah and described as destructive. However, they have not been included within the scope of this discussion.
Indeed, the Noble Qur’an and the Sunnah of Muhammad sought to purify and refine the human inner world and make it the foundation of comprehensive welfare for the individual and society and of salvation in this world and the Hereafter. Indicating this, the Noble Qur’an says: (Arabic*******************)
Allah Most High will not change the collective condition of a people until they change what is within themselves—their minds, hearts, and inner selves.
(Arabic*******************) On the Day of Resurrection, wealth and children will not benefit anyone; only the person who comes before Allah with a sound and innocent heart will attain benefit.
With this perspective, the Noble Prophet (peace be upon him) said in his famous hadith: (Arabic*******************)
The halal is clear, and the haram is clear. Between them are many doubtful matters. Whoever protects himself from them and avoids them will preserve his religion and honor. Whoever falls into them risks falling into clear haram. Every king has a protected domain, and Allah’s protected domain on earth is the matters He has made haram.
Then he spoke of the importance of the heart in the human body. He also indicated the restraints, inclinations, tendencies, and desires that arise from it and whose prompting shapes a person’s outward conduct. He said: (Arabic*******************)
Know that there is a piece of flesh in the human body. If it is sound, the entire body becomes sound; and if it becomes unsound, the entire body becomes unsound. Know that it is the heart—the inner self.
According to this hadith, the heart is the principal and most important organ. All the other organs are directed by it. If this driving force is good, the entire body and its members will be good; and if it is bad, everything will become bad. This is entirely natural.
The standard by which a person’s deeds are accepted by Allah is the heart—one’s attitude or intention. A person’s outward appearance and spoken words have no recognized importance in this regard, for Allah does not look at people’s forms and appearances. He looks at the state of the heart and the mind. This is also the meaning of the Messenger’s hadith: All actions are judged according to intentions. A person receives only what he intended to receive.
This, then, is the true position of all matters related to the heart, and it becomes clear from this how greatly Islam values psychological matters. But we have not mentioned them in this book, because they belong to the field of morality. They too involve questions of halal and haram. Muslim scholars of ethics and the people of tasawwuf have emphasized their importance. In their terminology, the haram matters in this sphere are called “Amraz al-Qulub,” the diseases of the heart. They have identified their causes and prescribed remedies for them, based on the Qur’an and Sunnah. One-quarter of Imam al-Ghazali’s book Ihya al-‘Ulum is devoted to this discussion. He called it “al-Muhlikat”—destructive matters—because, from the perspective of tasawwuf, these are the causes of widespread destruction, ruin, and loss in this world and the Hereafter.
When we speak of forbidden things, we intend only the positive prohibitions. For the forbidden is of two kinds. One is committing wrongful acts; these are negative. Matters of this second kind are not essentially the subject of this book, except when mentioned incidentally. To discuss them would have led us into a different subject. It would then have become necessary to mention all the duties prescribed by Allah, for neglecting or ignoring them is undoubtedly forbidden. For example, acquiring knowledge is the duty of every Muslim. If a Muslim is left in ignorance, it is quite natural for him to fall into what is forbidden. The obligatory acts of worship—prayer, fasting, zakat, pilgrimage and the like—are the foundational pillars of Islam. No Muslim may abandon them without a valid excuse. Nevertheless, if anyone abandons them, he commits a major sin. And whoever disregards them and does not acknowledge them as obligatory has removed the cord of Islam from his neck and cast it far away.
Acquiring as much strength and capability as possible to defend the ummah and strike fear into its enemies is a very great Islamic duty of the entire nation. Above all, this duty rests upon the responsible head of state. If this duty is not fulfilled—if it is neglected—a major prohibition and a grave offense will have been committed. This applies to all the particular and general duties of life.
We do not claim that this book discusses every important matter, great or small, relating to halal and haram. However, we have discussed them in such a way that every Muslim can understand what is halal and what is haram for him, both in his personal life and at the collective level. We have explained and analyzed many important matters whose basic causes and reasoning concerning halal and haram are entirely unknown to ordinary people. We believe that this makes the book sufficient for our purpose.
I believe that this book has presented many essential points concerning the profound underlying causes of the halal and haram decreed by Islam. From it, every discerning person will clearly understand that it is utterly wrong to think that Allah intended to humiliate people through what He made halal or to constrict their lives through what He made haram. In reality, this is entirely Allah’s law, and He has given it on the basis of whatever He deemed beneficial for humanity. Through it He has protected their religion and arranged to make their worldly life sound and beautiful. Through it He has provided for the preservation and regulation of their minds, consciences, understanding, character, honor, modesty and wealth. He has made provision for humanity’s development and progress, both individually and collectively.
One point must always be remembered. The formulation of human laws is a symbol and reflection of human weakness. Such laws are highly defective and incomplete. Whether their author is an individual, a government or a parliament, the law is formulated solely from the perspective of material and worldly welfare. Their attention is not then drawn to the demands of religion, the imperatives of character and morality, and the like. People always think within the narrow confines of their homeland and geographical nationality. They do not possess the ability to think in the broad, open setting of humanity and the wider world and formulate laws in that context.
People formulate laws to solve present problems and for today; formulating laws to meet the needs of tomorrow, the future and eternity is beyond human capacity. Above all, human beings are full of human weakness and narrowness. Human laws are inevitably marked by their creators’ incapacity, narrow vision, personal desires, inclinations and tendencies.
Consequently, human law is confined to a narrow environment and burdened with a crude outlook and material, temporary ideas. It is noteworthy that in human law, halal and haram are determined according to people’s own desires and wishes; their aim is merely to calm and satisfy public opinion. Even when they see and understand that this may bring severe danger and cause immense harm, they proceed to formulate such laws. The repeal in America of the law prohibiting alcohol and the subsequent passage of a law making alcohol consumption legal is sufficient as an appropriate example here. But none of these defects, incapacity or narrowness has any place at the root of Islamic lawmaking.
Islamic law is the law formulated by the Great Creator. The Creator is fully and perfectly informed about all things. The Creator alone knows what constitutes humanity’s true welfare and how people can be beneficial to themselves and to the entire created world. He has said: (Arabic*******************)
Allah alone knows what is destructive and ruinous and what is beneficial.
It is only natural that the Creator should be informed of everything concerning His creation.
(Arabic*******************) Know that the Creator knows. He is Subtle and All-Aware of everything.
Islamic law is formulated by Allah, the All-Wise and All-Knowing. He does not declare anything haram without purpose, nor does He declare anything halal arbitrarily. He has created every thing in due proportion and formulated His law with everything weighed precisely on the scales.
Islamic law is the law formulated by Allah, the Most Merciful and Nurturing. Through this law He has arranged an easy and beautiful way of life for His servants. He cannot intend to cause people any hardship or difficulty. He is even more merciful toward the humans He created than parents are toward their children.
Islamic law is formulated by the Almighty King. He is not dependent on or in need of His servants. He is not partial to anyone, nor is He confined by any group, nation or lineage, or by anything at all. Only He can be qualified to prescribe halal and haram for others, for He alone is the Lord of all the worlds.
Every Muslim holds the belief that the regulations of halal and haram prescribed for Muslims are true. This belief is entirely rational and acceptable to the conscience. A Muslim accepts it with complete satisfaction and conviction. He should possess the full will and determination to implement these regulations. A Muslim’s faith is that his good fortune in this world and his salvation and success in the Hereafter lie entirely in properly observing and fulfilling the limits defined by Allah’s commands and prohibitions.
Therefore, his very first duty is to properly know those limits—the matters of halal and haram. By knowing them and observing them correctly, it is possible to attain welfare, good fortune and success in both worlds.
To explain this point, I would like to present here two examples from the lives of the early Muslims. They will clearly show how they strove with all their strength and competed with one another to observe the limits of halal and haram prescribed by Allah and to implement Allah’s law.
We have already mentioned one example in discussing the prohibition of alcohol. The Arabs were passionately addicted to drinking. Love of alcohol was rooted in their very nature. For this reason, they arranged special drinking vessels and special drinking gatherings. Allah knew their condition very well. Therefore, He adopted a gradual method in prohibiting it. At last He announced its definitive prohibition. He said: (Arabic*******************)
It is an abomination of Satan’s work; therefore, avoid it.
Accordingly, the Noble Prophet (peace be upon him) declared drinking it, selling it and giving it as a gift to non-Muslims to be haram. At that time, the Muslims possessed large quantities of alcohol and vessels. As soon as they heard this prohibition, they poured the alcohol into the streets and lanes of Madinah and abandoned it forever.
A remarkable example of their intense spirit of obedience in observing the rulings of the Shariah was witnessed. When the prohibition was announced, someone had a vessel filled with alcohol in his hand. He had drunk some of it, while some remained to be drunk. Yet as soon as he heard the announcement of the prohibition, he threw it away. Allah asked: (Arabic*******************)—Will you then abstain?
In response, they effectively said: Yes, O Allah, we have abstained.
If the history of the struggle against drinking in Islamic society and its final settlement is compared with America’s prohibition of alcohol, it will be clearly proved that nothing other than Allah’s law is compatible with human nature. Only through that law can the human mind attain peace and stability. It is not difficult to understand that, without force, domination and authority, faith alone is the more successful instrument in this matter.
The second example is the readiness of the Muslim women of the early period to observe the veil. Allah forbade them the wantonness and unrestricted movement of the Age of Ignorance. They were required to preserve their dignity and go about with their bodies covered, whereas during the Age of Ignorance women went outside their homes with their breasts exposed. They covered none of their limbs. Their throats and necks remained bare. Their hair floated behind them over their backs like clouds, and their ears glittered with gold. Allah declared such conduct haram. They had to follow a distinct and different way from that of the past. They had to stop following and imitating the Age of Ignorance. They had to go about with their bodies fully covered. They had to fasten a scarf or dupatta over their breasts and cover their heads as well. Hazrat Aisha (may Allah be pleased with her) narrated how the women of the Muhajir and Ansar households welcomed this law of Allah and implemented it swiftly and without hindrance in Islamic society. This law and command of Allah brought a fundamental change to women’s lives, affecting their appearance, adornment and beauty. Hazrat Aisha (may Allah be pleased with her) said: May Allah shower mercy on the early Muhajir women. When the Qur’anic verse (Arabic***************)—‘Let them draw their veils tightly over their shoulders and breasts’—was revealed, they were seen covering their breasts with their outer garments. (Bukhari)
One day, several women were sitting with her. The women of the Quraysh and their honor and status were discussed. She said: The women of the Quraysh certainly have their status. But, by Allah, I have never seen women better than those of the Ansar. They put Allah’s Book into practice and immediately believed in whatever was revealed. After the above-mentioned verse of Surah al-Nur was revealed, their men recited it to them. Each man recited it to his wife, daughter and sister. Thus every man conveyed this command of Allah to his close female relatives. Then every woman of the Ansar firmly tied her patterned and brightly adorned dupatta over her head. In this way they implemented Allah’s command, and the next day all the women who took part in the Fajr prayer had tightly covered their heads with dupattas.
This was how believing women responded to Allah’s law. They hastened to obey Allah’s command without delay. Whatever they were forbidden to do, they abandoned; there was not even the slightest hesitation, reservation or indecision. They did not wait or delay obedience. They did not spend a day, two days or more saying that they would later buy new clothes and wear them accordingly. Rather, at that very moment they used whatever clothing they already had, whatever type or color was available, to obey Allah’s command. If no suitable cloth was available, they tore whatever cloth they had and tied it firmly over their heads.
At this point we wish to remind you that it is not enough merely to know and understand halal and haram. In reality, halal and haram are clear matters, and no Muslim is unaware of them. Yet despite this, many Muslims fall into the whirlpool of haram. As a result, they knowingly and deliberately prepare themselves to become fuel for Hell, having seen, heard and understood everything.
What is actually needed is taqwa—the fear of Allah in the heart. Taqwa is the essential driving force for observing Allah’s Shariah. In contemporary language, what is needed is a living state of mind. That alone can keep a Muslim within the bounds of halal and enable him to refrain from haram acts. Such a state of mind can arise only through training in faith in Allah and the Hereafter.
If, on the one hand, a Muslim has strong awareness of the limits of religion and Shariah, and, on the other hand, an alert state of mind guards those boundaries and does not allow him to cross them or even approach them, then the doors of comprehensive welfare may open for him. The Noble Prophet (peace be upon him) truly said: (Arabic*******************)
When Allah desires good for a person, He creates within him an adviser for his own benefit.
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O Allah! Save us from what You have made haram through what You have made halal; save us from disobedience to You through obedience to You; and save us through Your grace from everything besides You.
— The End —