TABLE OF CONTENTS

FORWARD ........................................................................................................................................3

AUTHOR’S PREAMBLE ................................................................................................................5

EDITOR’S NOTE .............................................................................................................................7

TRANSLATOR’S PROLOGUE ......................................................................................................8

INTRODUCTORY NOTE ................................................................................................................9

PIVOT I: THE STRENGTH WITHIN AND THE PATH TO THE OTHER ...........................11 1.1 REVITALIZATION OF MATERIAL AND MORAL POWER WITHIN US ................................ 12 1.2 REVITALIZATION OF UNITY OF THE NATION ...................................................................... 14 1.2.a. Revival of loyalty and solidarity with the faithful ....................................................................... 14 1.2.b. Revival of the spirit of Islamic brotherhood .............................................................................. 15 1.2.c. Revival of the principle of mutual rights ..................................................................................... 19 1.2.d. Revival of the principle of mutual equality ................................................................................. 20 1.2.e. Revival of the principle of mutual justice ................................................................................... 20 1.2.f. Revival of the principle of ‘inevitability of unity and illegitimacy of disunity’ .......................... 20 1.2.g. Underline the need for acceptance of others’ interpretive judgments, rallying around the constant values of Islam, toleration in what is variable, and tolerance to what might be described as legitimate or objectionable in case of a disagreement. ..................................................................... 21 1.2.h. Correlating Jurisprudence of Constants and Variables with unity of the Nation ........................ 22 1.3 GENUINE DIFFERENCE AS A FACTOR OF UNITY ................................................................. 24 1.3.a. Preamble ...................................................................................................................................... 24 1.3.b. Disagreement Denotes Diversity, not Contradiction ................................................................... 26 1.3.c. No Condemnation in Issues of Disagreement ............................................................................. 27 1.3.d. Difference of Opinion in Details is Mercy. ................................................................................. 28 1.3.e. A Resolution of the Academy of Islamic Jurisprudence .............................................................. 28 1.3.f. Recommendations ........................................................................................................................ 31 1.4 PROJECT OF POWER AND MERCY AS A FACTOR OF POWER WITHIN ............................ 37

PIVOT II: INTELLECTUAL AND DOCTRINAL BASIS FOR THE ACCEPTANCE OF THE OTHER ...................................................................................................................................39 2.1 NATURAL AGREEMENT BETWEEN ME (MUSLIM) AND THE OTHER .............................. 40 2.2 NATURAL DISSIMILARITIES AND DIFFERENCES BETWEEN ME AND THE OTHER .... 42 2.3 INTELLECTUAL, RELIGIOUS AND DOCTRINAL DIFFERENCES ....................................... 42 2.4 RECOGNITION OF THE HUMAN DIGNITY AND HUMAN RIGHTS IN ISLAM .................. 44 2.5 RECOGNITION OF UNANIMITY OF THE HEAVENLY RELIGIONS AND THEIR SINGLE REVEALER ............................................................................................................. 44 2.6 RESPECT OF THE HUMAN BEING WHETHER ALIVE OR DEAD ........................................ 45 2.7 PEACE NOT WAR, IS THE DEFAULT CHOICE OF ISLAM ..................................................... 46 2.8 PREFERENCE OF PEACE OVER WAR DESPITE GRIEVANCES ............................................ 46 2.9 THE PRINCIPLE OF JUSTICE AND EQUITY FOR ALL ........................................................... 49 2.10 RECOGNITION OF DIFFERENCES AND DIVERSITY ........................................................... 50 2.11 DIALOGUE AS THE DEFAULT CHOICE FOR RESOLVING DISPUTES AND DEALING WITH OTHERS ....................................................................................................... 51

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2.12 ISLAM’S LAUDING OF THE HEAVENLY RELIGIONS, THEIR BOOKS AND THE PROPHETS .................................................................................................................................. 52 2.13 PRECISION OF THE QURAN ABOUT DESISTANCE FROM SWEEPING GENERALIZATIONS ......................................................................................................................... 52 2.14 EXTENDING THE SCOPE OF PARTNERSHIP BETWEEN MUSLIMS AND NON-MUSLIMS TO INCLUDE EVEN ATHEISTS ........................................................................... 53 2.15 JIHAD FOR FREEDOM OF RELIGION ..................................................................................... 53 2.16 COMBAT IS THE LAST STAGE OF JIHAD .............................................................................. 54 2.17 THE PURPOSE OF DIVERSITY IS ACQUAINTANCE, NOT CONFLICT ............................. 54

PIVOT III: MUSLIMS RELATIONS WITH OTHERS IN TIMES OF PEACE .....................55 3.1 PROPHETIC APPROACH TO RELATION WITH THE OTHER ................................................ 56 3.2QURĀNICPRINCIPLESUNDERLYINGFOREIGNRELATIONS ........................................... 63 3.3 CITIZENSHIP RIGHTS FOR THE OTHER IN LIGHT OF MEDINAN COVENANT ............. 66 3.4 APPLIED DIPLOMACY IN TIMES OF PEACE .......................................................................... 70 3.5 NON-MUSLIM RIGHTS IN ISLAMIC TERRITORIES .............................................................. 72 3.6 NON-MUSLIM DUTIES IN ISLAMIC TERRITORIES .............................................................. 78

PIVOT IV: MUSLIMS RELATIONS WITH OTHERS IN WAR ..............................................82 4.1SUBSTANTIATIONOFJIHĀDINISLAM .................................................................................. 83 4.2 PRECEPTS REGULATING THE RELATION DURING CONFLICT AND POST CONFLICT TIMES ................................................................................................................... 85 4.3 COMPARISON BETWEEN THE INTERNATIONAL LAW AND ISLAMIC JURISPRUDENCE .............................................................................................................................. 89

PIVOT V: MUSLIM MINORITY RELATIONS WITH NON-MUSLIM STATE ...................90 5.1 MUSLIM DUTIES IN NON-MUSLIM STATES ........................................................................... 91 5.2 MUSLIM RIGHTS IN NON-MUSLIM STATES .......................................................................... 93 5.3TWOQURĀNICANDHISTORICALMODELSOFTHEMUSLIMMINORITY THAT CONTINUE TO REMAIN THE IDEAL ................................................................................ 95 5.3.a.Model of Joseph for a Muslim under Non-Islamic states ............................................................. 95 5.3.b.Model of migrants to Abyssinia/Habasha for Muslims in Non-Islamic states .......................... 101

PIVOT VI: WE AND THE WEST: CONFLICT OR DIALOGUE? CONFRONTATION OR COEXISTENCE? ..............................................................................104 6.1 TARGETING OF MUSLIMS AFTER THE FALL OF COMMUNISM ...................................... 105 6.2 NEED FOR CONFLICT IN THE WESTERN THOUGHT ......................................................... 107 6.2.a. The Western reality and intellectuals output suggest the need for clash .................................. 107 6.2.b. Report of the Rand Corporation ............................................................................................... 116 6.2.c. Fukuyama ................................................................................................................................. 121 6.2.d. Samuel Huntington ................................................................................................................... 122 6.2.e. Pope Benedict XVI ................................................................................................................... 125 Communiqué No. 1 ............................................................................................................................. 125 Communiqué No. 2 ............................................................................................................................. 130 6.2.f.IslamandtheWest-Whoisfightingwho? ............................................................................... 132 6.2.g. The Dilemma ............................................................................................................................ 134 6.2.h. Major threats to the Muslim-European relations ....................................................................... 135 6.3 ISLAMIC POSITION REGARDING CLASH OF CIVILIZATIONS ......................................... 137 6.3.a. Existence of Clash-is it a Myth .................................................................................................. 139 6.3.b. Reciprocating with what is best ................................................................................................. 145

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Foreword

Religion of Islam was revealed only as mercy for the whole of existence. It came addressed to the whole humankind, calling them to wherein lies their advantage and wellbeing in this world and in the hereafter. Whosoever believes in it, believes out of his own choice and whosoever rejects it, rejects it out of his own choice. This choice results in the existence of two groups of people i.e. those who adopt Islam as their religion and those who do not do so and prefer other religions or choose not to have any religion.

If by choosing Islam as their religion, Muslims consider themselves as having been guided to the truth, then all others always remain subject of their call to the truth. Consequently the relation between the two – the caller and the called – is the relation of human brotherhood, relation of cooperation and col-laboration towards wherever lies the common good. It is in no way the relation of animosity except if someone chooses the path of transgression of their own free will. This is why Islamic regulations definethecourseofinteractionbetweenMuslimsandothers.Theseregulationsarebasedonwhatiscommon between human beings and as a whole hinge on peace and cooperation. If there happens to be transgression and this relation turns to be the relation of war, then there too are regulations that govern the relevant situation and without leaving the matter to whims and fancies of people.

However, the history, modern as well as ancient, has witnessed many a circumstances in which the reality happened not to be consistent with the proscriptions of Shariah. As a consequence, those ac-tual circumstances might have eclipsed the very genuine proscriptions, because given provisional cir-cumstances transformed into regulations and received approval from those who happened to handle the affairs related to Shariah. Thus as a result of the state of affairs an admixture came into being that wasinconflictwiththespiritoftheShariah.Thishashappenedtobeprevalentmostlyatthosejunc-tures of history when Muslims were subjected to misdemeanor at the hands of others. In fact in our present day circumstances too a great deal of that phenomenon can be witnessed due to consequences of the developments taking place or what had previously received endorsement as regulations in temporal circumstances.

These days we witness a great amount of perplexity in the relation of Muslims (Us) with others (the Other). The perplexity takes two extremely different directions. One goes to the extreme right where some people feel the need to eliminate the differences and obliterate the identities so that the whole mankind becomes equal in relating themselves to what may be called as Humane Religion or Abra-hamic Religion or any other name. On the contrary, others take extreme left direction wherein some dig in to a principle position of animosity with non-Muslims whether the latter were aggressors or otherwise. Both these extreme standpoints manifest in extreme positions and behaviors driven by convictions and perceptions that have nothing to do with the essence of the religion. Such standpoints are derivatives of the cultural aggression or repercussions of hostile behavior disposed of nations, peoples and non-Muslim states towards Muslims, which in turn has negative affects on some in the formofculturaldetachmentorasother reactions.Both thesepositionsafflictgreatdamageuponMuslims especially and upon human relations in general. The state of affairs calls for correction to set the equation right in light of judicious Islamic Shariah.

In this context we bring to you this third publication (We and the Other, by Dr. Ali Mohiuddin Al-Qa-radaghi) as part of the series named: Issues Concerning the Muslim Nation. The book deals with this vital issue among other issues concerning our Nation at a time when relations with others have been marred for quite some time by circumstances of transgression by some of them against Muslims. This

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hassometimescauseddisproportionatereactionsandstemmedtojuristicaffirmationsthatcouldbefar from genuine pertinence and thereby led to other circumstances on the ground. The situation thus calls for corroboration of the subject in light of the Islamic jurisprudence so that authentic authority is restored. We believe that this book has suitably discharged that duty.

Since dealing with the Other primarily calls for fruitful interaction based on self reliance, the book, at the very outset, deals with the ideal internal state of Muslims that could lead to self-assured inter-action with others. Self assuredness must be based on unity, cooperation within Muslims drawing on adherence to the laws and means of material and spiritual awakening. It is from there that we can effectivelylaunchourselvesfordealingwiththeOtherfromtheconvictionthatthereissufficientenough common space between Muslims and others in what is related to shared human grounds, mu-tualinterestsandsharedbenefitsthatcanberealizedfrommutualacquaintancebetweennationsandtribes,assuch.ThisconvictioncontinuestobeemphasizedbytheversesoftheHolyQurānandthegloriousTraditionofthefinalMessengerofAllah(pbuh)andtherebyprovidessolidbasisforguid-ing Muslims in interacting with others from the position of recognition, respect and cooperation in principle. We believe that this notion has been thoroughly and exceptionally dealt with in this book. In addition to the elaborate description of the regulations of Shariah that govern the relation of Mus-limswithnon-Muslimsinpeaceandinwar,thebookproducesasignificantcomparisonbetweentheactual demeanor of Muslims when these regulations were implemented - which amounts to a very idealistic situation of safeguarding the rights of non-Muslims living in the Islamic society - and be-tween the actual conduct of many non-Muslim nations when they were dominant over Muslim lands andoppressedandtyrannizedMuslims,theevidenceofwhichisclearlyavailableinthehistoryofAndalusia and of the Western colonialism in general besides being obvious today through the tyranny perpetuated on Muslims by arrogant international powers. Certainly this comparison highlights the practical aspect of the Islamic teachings in this regard and is hoped to be a beacon to the whole world as to what should be the basis of relations between nations - between Us and the Other.

While the relation between Us and the Other is thoroughly in focus with regard to Muslims living as minority in non-Muslim societies as the Muslim existence in these societies represents a point of highfrictionbetweenthetwosidesandbecausetherelationbetweenthetwotodayischaracterizedby apprehension and skepticism, the book has devoted ample attention to this aspect of the issue. Among the best deliberations in this regard are those inferences that the researcher has brought forth as being the statutory fundamentals for how a Muslim should deal with the non-Islamic society he dwellsin.Inthisregard,theresearchercitestwoimportantmodels.ThefirstmodelisthatofJoseph(may peace be upon him) and how he dealt with the Egyptian society he lived in; the second model is that of those who migrated to Ethiopia and how they interacted with the society they migrated to. This truly scales to a profoundly eloquent Islamic lesson to those of Us - the Muslims – who live with the Other in non-Muslim societies.

WhilewethankProfessorYusufAl-Qaradāwi,SheikhFaisalMawlawiandProfessorAliMohiud-din Al-Qaradaghi who contributed to this series through their research, we call upon the scholars, researchers and intellectuals to come forward with their studies on issues concerning the Muslim Nation and to augment this series and thereby enlightening their Muslim brethren about the issues faced by them and the problems and solutions thereof. To play the role of beacons is indeed a duty ofMuslimscholarsandweenvisagethebenefitsofthat.ToAllahdowedevoteoureffortsandHeis the One who grants success.

Committee for Studies and Translation International Union of Muslim Scholars

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Author’s Preamble

Praise be to Allah – Cherisher of the whole existence. Peace and blessings be upon His Messenger – Muhammad, son of Abdullah –upon his family, his righteous companions and those who shall con-tinue to follow him prudently until the Day of Judgment.

When we look at our contemporary history, it becomes evident that there has hardly been any period whenfalseallegationsandaccusationswerenotleveledagainstIslam.Alotofmudandvilificationhas been targeted towards Islam in the form of suspicions about the Prophetic Tradition, Islamic leg-islation, Islamic stipulations about women and children, and about retributions and penalties. In the very recent past, misgivings have been focused on relations of the Muslims with others. Calculated efforts have been made to distort Islam’s beauty of toleration, justice, simplicity and its wonderful ethical attitude towards non-Muslims. The ferocious distortion campaign - perpetrated by Zionists, radical right wing Judeo-Christians and some Orientalists - has been aimed at disregarding Islam, the religionofmercy,righteousnessandhumandignity,soastodisfigureanddisregarditandportrayitas being a religion of savagery that does not know of any mercy and concept of mutual coexistence with others and which is rather tantamount to a gloomy and unrelenting sword meant for nothing but bloodshed.

TheyhavebeenaidedbythedemeanorofsomeintransigentsfromamongsttheMuslimsorbyinfil-tratorsintosomeoftheIslamicgroupswho,throughtheirbehavior,depicteduncivilizedimagesthatare unacceptable to Islam itself, crossed the limits of human dignity and reached the climax of sav-agery. On the other hand, during the last few centuries much of these relations have been shaken and blemishedwithalotoftheorization,corroborationandframing,inmostofwhichwedetectimmod-erationanddisproportionoroversimplificationandcomplicationorexaggerationandmarginaliza-tion. In other words, the relations have been diluted by emotions and prejudices and thereby changed to suit situations and circumstances, power and feebleness, and conviction and temper. Thereby the constantshaveblendedwithvariables, fundamentalswith ramifications,and textswith traditions,customs and dispositions of peoples.

It is essential to focus on these relations by describing their general rudiments without going into details,exceptwhatmightbenecessaryinagivencontextandneededfordealingwithramificationsand elements thereof. Leaving these relations in disorder and without deliberation certainly leads to anarchyinthoughtanddeedandtoflawsinthejurisprudenceofdiligenceandequilibration.

International Academy of Islamic Jurisprudence has taken up study and substantiation of this subject so that it can be presented to the whole world. The aim is to manifest to all people of the world the realpictureofIslamthroughtheHolyQurān,thelifeofMessengerofIslam(peaceandblessingsbeupon him) and of his Rightly Guided Caliphs (May Allah be pleased with them), and what has been penned by diligent jurisprudents throughout centuries, equally in times of peace and war. Similarly theconsiderationgivenbyInternationalUnionofMuslimScholarstothissubjectisreflectedintheirkindgesturetopublishthisbookinthisperspectiveanditreflectstheimportanceofstudyandsub-stantiation of this subject for being so vital to the relations. This study is based on primary Islamic sources and deals in detail with the following six main pivots:

Pivot 1: The right path for dealing with the Other. This path takes its course through a strong integrated self, which requires activation of principles and maxims that govern

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Islamic relations.Pivot 2: Doctrinal and intellectual basis in Islam that prepare the right atmosphere for peaceful coexistence and dialogue. These tantamount to vital vanguards and facilitators towards acceptance of the Other.Pivot 3: Relation of Muslims with non-Muslims in circumstances of peace.Pivot 4: Relation of Muslims with non-Muslims in circumstances of war.Pivot 5: Relation of Muslims (in minority) with non-Muslim state. Pivot 6: WeandtheWest:ConflictorDialogue?ConfrontationorCoexistence?

The methodology adopted will be based on focusing on the general principles that govern the above pivotswithout indulging in details and fine points, exceptwhatmight be necessary to elucidate,explain and substantiate theseprinciples.We shall be recliningon theHolyQurān,on the estab-lished Prophetic Tradition, unanimity of the scholars and what suits our times from the previous dili-gentinterpretativejudgments.WeshallutilizetheJurisprudence of Diligence and Equilibration (Fiqhu Al-Mīzān)thatwefoundthroughin-depthstudiesstretchingoverthelastfifteenyears.

At the end we stretch our hands in supplication to Allah to cover our effort with an attire of sincerity, make it a cause of our deliverance and bless this modest effort with His acceptance so that I may be one amongst those adherent to piety. He alone is the best to be asked and the most generous to be aspiredfor;HeismylordandHeissufficienttomeasthebestmasterandthebestadvocate.

Ali Mohiuddin Al-QaradaghiDoha, Shawwal 1, 1425 Hijra / November 14, 2004

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Editor’s Note

We congratulate Dr. Ali Mohiuddin Al-Qaradaghi for bringing this valuable scholarship to the public and we also laud the tireless efforts of the translator Dr. Syed Bashir Ahmad Kashmiri for the excel-lent rendering into English. We have made only slight editorial changes to the original translation received by us.

No doubt this work will prove a useful guide for Muslims living everywhere and for non-Muslims as well to get an appreciation of the mainstream Muslim position on dialogue. This is one of a series of translations and original research that the Doha International Center for Interfaith Dialogue is in the process of preparing for publication.

The usual linguistic attempts at differentiating group identities between us and them are here distin-guished from the everyday case by referring to sacred sources and read in such a way that the mean-ings are completely transformed.

This approach neither calls for an appreciation of the other as he appears in an encounter. Nor does this approach require a radical decentering of the self in order to understand the perspective of the other. Rather, the main thrust of the book concerns the ethic and aesthetic underlying the encounter withtheotherasoneconfidentinhisownidentity.Theapproachasksforempathytowardstheotherbased on self-understanding. It does not prioritise the face-to-face encounter over the abstract other. ItisfirmlyrootedintheinterpretativeunderstandingofthescripturalhermeneuticsofIslamthatledtothedevelopmentoflegalpluralisminthecivilizationalhistoryofIslamiclaw.Asthetranslatoreloquently interprets from the original Arabic,“If the self itself is non-existent or irresolute, it cannot resist nor can it stand in the face of the Other; one is reminded here of the Quranic view of a Muslim self rooted in firm understanding of the divine.”

This becomes the basis of interfaith dialogue and dialogue in general. This book provides the Islamic inspiration that underlies all our work at DICID. We are working completely within the international interfaith paradigm while completely operating within the recommendations as stipulated by Shariah or Islamic Law as described here by the translator: “It can be said with confidence that the strategy of Islam is to expand the area of coexistence to include all with the exception of only the aggressors.”

Thisbook’scompletionintheformthatyoufinditincouldnothavebeenpossiblewithoutthesup-port and encouragement of Dr. Ibrahim Saleh AlNaimi as the Chairman of Doha International Center for Interfaith Dialogue who has been crucial to bring this Islamic-inspired vision of intra- and inter-faith dialogue to the world at large.

Adeel KhanManaging Editor - Journal Religions/AdyanDoha International Center for Interfaith DialogueAugust 9, 2014

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Translator’s Prologue Unlike most other texts, rendering religious texts to a different language is a unique exercise and an exclusive experience. If as is claimed by some that translation amounts to breach and betrayal of the source text, was to be true, it must be truer about religious texts, especially when the source text is characterizedwithrhetoricaleloquencetoo.ItisespeciallyexigenttodojusticewhenArabicsyntaxand expression make the source text even more intricate.

Translating Dr. Ali Mohiuddin Al-Qaradaghi’s book “Nahnu Wa Al-Ākhar” (We and the Other) by interpreting the intended meanings and then conveying it using my own delivery and expression, would have been smoother for those readers of English who did not read the original Arabic text, but it would not have done justice to the author. The subject being sensitive involving doctrinal sophis-tication I have dared to adhere to the author’s style in order to preserve accuracy of the meaning and the sophistication of the author’s style and delivery. I haven’t resorted to escapism by truncating or clipping on the pretext of doing away with repetitive expression in the source text. Thus, initially at least, it may be felt somewhat bumpy and unfamiliar, but being novel in original Arabic aroma, I hope that the reading will make a uniquely delightful experience. Certainly it is not a literal translation of the source text, but I believe that it is imperative to remain faithful to the author and not to overdo the translation as if it was to rewrite the original and thus deprive the reader of relishing the essence of diversity.

I have not imitated the use of terminology usually adopted for translating Arabic Islamic terminology intoEnglish.Ihave,rather,triedtobeclosertothemeaninginafreshwayineveryspecificcontexttoreflectthepreciseshadeofthemeaning.Ibelieveitwillbeacceptedbythereadersasanenrichingexperience.Afterall,thesubject–i.e.religionofIslam–itselfisuniqueanditdoesnotsynchronizewith the perceptions accrued around other creeds, with which the English readers are generally famil-iar. In fact Islam is not a “religion” as perceived commonly by non-Muslims. It is, rather, an uncom-plicated system of belief and a precise way of life with absolute freedom marked by a few restrictions. Forcingitintoborrowedformssimplydoesnotmakethembefititsuniqueness.

Translation of the Quranic verses has been inspired from the matchless work of Abdullah Yusuf Ali (May Allah bestow His mercy upon him).

Nizwa – Oman June 8, 2010

Dr. Syed Bashir Ahmad Kashmiri Assistant Professor of Translation & InterpretationUniversity of Nizwa – Sultanate of OmanEmail: almoomin@gmail.com

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Introductory Note

Definition of the Title:

In this book by “We” stand to mean the Muslims and “the Other” stands for non-Muslims, including People of the Book (Jews and Christians) and others as well. It goes without saying that “Other” can be used in a very broad sense. It can mean anything contrary in anyway, whether in self, in attributes, in creed, in nation or in tribe etc. But here in this book, by Other, we mean non-Muslims; we did not use expressions like “the Opposite” or “the Enemy”. The intention is to connote that “the Other” need not necessarily be an enemy or an opposite, but may share many things with us. Since “Other” is as-sociated with us for being the addressee of the call of Islam, the bond of Islam with every “Other” requires from us to convey the Mercy to them “We sent thee not, but as a Mercy for all creatures” (Al-Qurān,21:107)

“The Other” as Used in the Holy Qurān:

TheHolyQurānhasused“Other”,“theOther”and“Others”veryfrequently.Onesuchplaceis:((saidthe other: «I see myself (in a dream) carrying bread on my head, and birds are eating, thereof.» «Tell us»(theysaid)«Thetruthandmeaningthereof))(Al-Qurān,12:36).The“other”heremeansthesec-ond young co-prisoner of Joseph. Another such place is: ((let two others stand forth in their places)) (Al-Qurān,5:107).The“others”heremeanstwowitnessesfromamongstnon-Muslims.Hence,“theOther”intheHolyQurānimpliesoppositeofwhatwasmentionedpreviouslyandhassomeaspectofdifference with it, whether personal or otherwise.

The Rationale for Selecting the Word “Other”:

We selected this word because it conveys feelings of integration, diversity and difference, as willed by Allah the Almighty. The divine law has prescribed the imperativeness of difference of religions, of creeds and of ideas, just as difference is natural in the world of materials and colors. Allah the Almighty says, “If Allah had so willed, He would have made you a single people, but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is to Allah.itisHethatwillshowyouthetruthofthemattersinwhichyedispute”(Al-Qurān,5:48).ThisparticularversedirectstheMuslimstoseekbenefitoutofthedifferenceandordersthemtohurryup,strive and compete as in a race in all virtues. In fact Allah the Almighty has made the difference in community, religion and creed a norm of His own. Allah says, “If thy Lord had so willed, He could have made mankind one people: but they will not cease to dispute. Except those on whom thy Lord hathbestowedHisMercy:andforthisdidHecreatethem:andtheWordofthyLordshallbefulfilled:«IwillfillHellwithjinnsandmenalltogether”(Al-Qurān,11:118-119).

The Motivation and Approach of this Research:

In this research, we set out with the approach of toleration and clemency encompassing the spirit of prideinIslam–withitsprinciples,tenetsandappropriatenessforalltimes-andbenefitingfromall

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that is wise and advantageous – irrespective of the source. Our launch pad is our belief that Islam is the religion of mercy and a blessing for the whole of humanity. We are not with the obstinate as to absolutely reject acquiring from the East or the West, nor are we with the secularists who, because of their inferiority complex, are indistinguishable in the melting pot of Western culture, nor are we with thosewhoseekuntruejustificationsandfeignedcompatibilitiesforeverything,evenifmanifestlypretentious. In this manner, we start off from duality of understanding, evenness of vision and the sense of need for comprehensive awareness of tools, means and consequences.

Objective of the Research:

The objective of this research is to describe the relations between the two sides in situations of peace andwarandintreatiesinlightoftheHolyQurān,theTraditionandlifeoftheMessenger(pbuh),lives of the Rightly Guided Caliphs - as much as possible – and what the great jurisprudents of Islam across the spectrum of juristic schools have mentioned.

We shall try, Allah willing, to identify and elaborate the most important principles and rudiments that govern this subject and to authenticate the major issues while indicating our preference, on the basis of substantiation, without prejudice to the past or to the actuality, setting off from proactive initiative, not from reaction to what we see around us in the Muslim lands and the rest of the world.

But the road to the Other passes through the road of the self (i.e. the Islamic self and intra-Muslim relations). Hence we are going to mention the important principles that regulate these relations, be-cause if the self itself is non-existent or irresolute, it can’t resist nor can it stand in the face of the Other. How can there be a just dialogue to guarantee securing of rights; how can we (Us) stand in the faceoftheOtherifwearenotunited,tenaciousandstrong?!AllahtheAlmightyordersusthatweprepare for war as a single consolidated row of infantry – if war was imposed on us - that we enter the war as a single reinforced column of warriors and that we resist as a single entity as in one indivisible body.Allahsays,“TrulyGodlovesthosewhofightinHisCauseinbattlearray,asiftheywereasolidcementedstructure”(Al-Qurān,61:4).Therealityisthatthematerialworlddoesnotholdinesteemanyone except those who are strong and competent.

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Pivot IThe Strength Within and the Path to the Other

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The Strength Within and the Path to the Other

Strengthwithinrequiresrevitalizationandbolsteringofthefollowingprinciplesandrudiments:

1.1Revitalizationofthefoundationsofmaterialandmoralpower(includingscientific,intellec tual and economic).1.2Revitalizationofunityofnationthrough: 1.2.a Revival of loyalty and solidarity with the faithful 1.2.b Revival of the spirit of Islamic brotherhood 1.2.c Revival of the principle of mutual rights 1.2.d Revival of the principle of equality 1.2.e Revival of the principle of justice 1.2.f Revival of the principle of ‘inevitability of unity and illegitimacy of disunity’ 1.2.g Underline the need for acceptance of others’ interpretive judgments, rallying around the constant values of Islam, toleration in what is variable, and tolerance to what might might be described as legitimate or objectionable in case of a disagreement. 1.2.h Correlating Jurisprudence of Constants and Variables with unity of the Nation.

1.3 Setting up of a comprehensive project based on balance between power and mercy.

1.1 Revitalization of material strength and moral power:Every indicator of the great religion of Islam and all previous experiments point out that we need to fulfilltwobasicconditionstocommanddignityandrespect.Theseare:

a)Revitalizationofthefoundationsofmoralpowerthroughadherencetothegenuinebelief,augustmorals and sublime values.

Regardingrevitalizationofthefoundationsofmaterialpower,weneed:

1) Power of knowledge in order to be competent and capable of creativity and of contribut-ing innovation and inventions that can serve humanity. It is ironic that the Nation of “Iqra (read)”1 does not read and the ratio of illiteracy in it is tremendous.

2) Economic power, covering useful small, medium and large scale industries, as well as agricul-ture,notonlyforbeingself-sufficientandalsotobeabletoexporttheagriculturalproduceandindustrial products. Certainly a nation that depends on others for its food requirements can not be independent in its resolutions. All this should lead to our successful commercial presence.

3) Military Power: covering preparation, manufacturing and deterrence to deter the enemies from anyevildesignsagainstus.ItisworthmentioningwhatImāmMuhammadAbduhhassaid,“IwenttoEuropeandsawthemhavingenormousfleetsandsquadrons,whiletheirreligiontellsthem to turn the left cheek to the one who might slap on their right cheek. Whereas on our own streetswefindfleetsofthenarcotizedpeople,whileourreligioncommandsusto:preparefortheenemytotheutmostofourstrength(Al-Qurān,8:60).”

1TheTranslator:“Iqra”connotestothefirstwordofthefirstQurānicrevelation.IqrainArabicmeans:read.InotherwordsthefirstthingAllahcommanded his Messenger, and through him Muslims, was to read.

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b) Revitalizationof“TheSingleNation.”TheHolyQurānemphasizesthattheMuslimNationisa Single Nation, that it is a Moderate Nation designed to witness over the entire humankind, thatitistheBestofNationsthathasbeenraisedforthebenefitandadvantageofhumanity,andthat it is the Nation that was raised by Allah with His will and mercy.

Thisunitycannotactualizewithoutspecifiedrightsanddutiesalongwithseriousendeavorsandsacrifices.Certainly,ifweaspireforsuccessinbuildingabalancedandrespectablere-lation with non-Muslims and to have a fruitful dialogue with them, it is inevitable that we strengthen and consolidate intra-Muslim relations across the spectrum of schools of juris-prudence, traditional factions, and right through the canvass of present ideological group-ings-likeIkhwan(MuslimBrotherhood),Salafia(ConformiststotheTradition)andTablēgh(Preachers of Islam) etc.

If we Muslims cannot come together and join our forces on the basis of a set of our constants andifwedonotconfirmtoforbearanceandtolerateeachotheroverthecontestedvariablesofinterpretative judgments, we shall have no credence and credibility while addressing the Other and in dialogue with them. This is exactly what the representatives of churches and other reli-gions prey on among us. They leave no stone unturned to carve Islam and divide it into sects, cults and factions and even further down to individual whims and fancies. They label it as: Sunni Islam and Shiite Islam, Fundamentalist Islam and Conventional Islam, Modernist Islam andDemocraticIslam,IkhwaniIslam,SalafiIslamandTablēghiIslam,andsoon.

AllahtheAlmightyclarifiesthatsincenon-MuslimsconfrontMuslimsasasingleblocandasa single community, it is imperative that the Muslims must face them as a single consolidated column with one and only one allegiance. Allah the Almighty says, “The Unbelievers are protectors, one of another: Unless ye do this, (protect each other), there would be tumult and oppression on earth, and great mischief.”(Al-Qurān,8:73).Thisrealityhasrepeateditselfinearlierandmodernhistory.IntheBattleofAhzābtheJews(whoarePeopleoftheRevealedBook) banded together with pagan and idol worshiping polytheists to eliminate the Messenger of Allah (pbuh) and to eradicate the newly founded state of Medina. To this end and to remove any ideological barriers between the invaders, they (the Jews) pronounced that their idol wor-shiping allies were better guided than the Muslims. Allah the Almighty registered this perjured stance saying, “Have you thou not turned Thy vision to those who were given a portion of the Book? They believe in sorcery and Evil, and say to the Unbelievers that they are better guided in the (right) way Than the believers!”(Al-Qurān,4:51).

In modern history, the Vatican renounced the primary belief consistently held over the centu-ries that the Jews were the ones who killed Jesus Christ (peace be upon him). In order to pave the way for unity, in 1965, Jews were acquitted of the blood of Jesus. Thereupon the Christian peoples joined hands with the Jews in their war against Arabs and Muslims. In fact, as a con-sequence, Christian Zionist movement, which is more perilous than Zionism itself in their war against Islam and Muslims, came to surface.

Indeed, unity between Muslims is one of the most important Islamic obligations and an intel-lectual and pragmatic requisite imposed by our ground reality given the political and economic globalization.Certainly,weMuslimshavenootherwayexceptreallyestablishingourbeingthe Moderate Nation competent of defending itself, its religion, its sovereignty and riches. This implies that the only way forward for us is the way of unity, whatsoever it may cost and whatsoeversuitablewaytheremaybetorealizeit.Wehavetostartwithseriouslyeffective

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cooperation to reach integrative unity; else our destiny will be nothingness in real terms and nothingbutlefttoremainasremnantsofhistory.ThenAllahaloneistheRescuer!

The approach of Islam is pragmatic and deals with the subject from its roots. When it speaks aboutsomeofthedefeatsafflicteduponMuslimsduringthelifeoftheMessenger(pbuh),itascribes the causes to the Muslims themselves; it does not divert the blame to the Other nor does it make the Other a scarecrow to be reprimanded for all that befalls on Muslims. Allah the Almighty says, “What! When a single disaster smites you, although ye smote (your enemies) with one twice as great, do ye say?- “Whence is this?” Say (to them): “It is from yourselves: For God hath power over all things” (Al-Qurān,3:165).Thisdoesnotmean ignoring theotherside.TheintentionratheristoemphasizethatiftheMuslimNationadoptedthemeansof strength, renaissance, progress and creativity, it would be at the forefront and worthier of es-tablishingthecivilizationandbeingpowerfulandtriumphant.Onthecontrary,iftheydidnotembrace the laws of Allah in the nature, required for triumph and powerfulness, they would face the undesired.

1.2 Revitalization of unity of nation through Among the most effectual courses towards achieving strength within is the course of unity of

the Muslim Nation. The pursued goal of unity cannot be achieved except through adherence to pertinent rudiments. The most outstanding of these rudiments are:

1.2.a Revival of loyalty and solidarity with the faithful This means that the loyalty of the faithful must be to Allah the Almighty, to His Mes

senger and then to the communion of the faithful. Allah the Almighty says, “Your (real) friends are (no less than) Allah, His Messenger, and the (fellowship of) believers,- those who establish regular prayers and regular charity, and they bow down humbly (in worship). As to those who turn (for friendship) to Allah, His Messenger, and the (fellowship of) believers,- it is the fellow-ship of Allah that must certainly triumph” (Al-Qurān,5:55-56)and,“The Believers, men and women, are protectors one of another: they enjoin what is just, and forbid what is evil: they observe regular prayers, practise regular charity, and obey God and His Apostle. On them will God pour His mercy: for God is Exalted in power, Wise.” (Al-Qurān,9:71).

Loyalty of a faithful to the communion of the faithful means that his love should be dedicated to them, that he adores their triumph over others, that he does not prefer others to them and that his support must be dedicated to them whenever they need him. In other words this loyalty means: love, cooperation, support, unity and undeterred unyielding solidarity.

This loyalty, love and solidarity with the faithful have two aspects:

Aspect of war: A faithful must support Muslims, boycott the aggressors, be tough on them, renouncethemandnotshowanyaffectionorlovetowardsthem.ThisiswhattheHolyQurānexplains, “O ye who believe! Take not my enemies and yours as friends (or protectors),- offer-ing them (your) love, even though they have rejected the Truth that has come to you, and have (on the contrary) driven out the Prophet and yourselves (from your homes), (simply) because ye believe in God your Lord! If ye have come out to strive in My Way and to seek My Good Pleasure, (take them not as friends), holding secret converse of love (and friendship) with them: for I know full well all that ye conceal and all that ye reveal. And any of you that does this has strayed from the Straight Path”(Al-Qurān,60:1).

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Aspect of peace: Wherein a faithful must deal with the Other with benevolence and benefac-tion; it is lawful for him to peacefully coexist and deal with them. The detail shall come in the following chapters.

Hence, there is no contradiction between loyalty and solidarity with Muslims and being be-nevolentandbeneficenttonon-aggressors;noristhereanyinconsistencywithpersonalaffec-tion (i.e. love with others on basis of personal relations rather than on the basis of disbelief). The detail shall come under Pivot II.

1.2.b Revival of the spirit of Islamic brotherhood TheprincipaltextsofIslam(theQurānandtheHadīth)substantiatethatintra-Muslimrela-

tions which are based on the brotherhood founded on the religion take precedence over all other relations without nullifying the latter. The order of precedence is that if the brotherhood based on the faith contradicts with blood relations and other kinships and it is not possible to achieve harmony between the two, the brotherhood based on faith must take primacy. This principleissubstantiatedbytheHolyQurānandtheHadīthandthereisaccreditedunanimityoveritamongMuslims,theMessengerofAllah(pbuh)raisedthefirstgenerationofIslamonthis and the Rightly Guided Caliphs and the Companions (May Allah be pleased with them) followed the same path.

This faith based brotherhood, which forms the melting pot of all Muslims, is not a mere slogan to be raised or a sermon to be delivered on the pulpit, it must be a substantial reality so that the following consequences stem out of it.

A Single Body and a Single Hand: Islam requires a Muslim to form like a single body with another Muslim, just like a single

construction block holding together with its components, rather like a single hand. The Mes-senger of Allah (pbuh) says, “The example of the faithful in their mutual affection, empathy and mercifulness is that of one single body, when any of its organs complains, all other organs reciprocate to it with malaise and restlessness.”2 He further says, “A faithful to another faith-ful is like a single construction block holding together with its components. (While saying this he crossed his fingers)”3.

Humbleness and Mutual Humility: It is quite clear that groveling and cringing before others is renounced in Islam and that self-

esteem and dignity are desired, but there are only two incidences where Allah the Almighty hascommendedservility.Thefirstistowardsonesparentsandthesecondistowardsthefel-low faithful. Allah says, “And, out of kindness, lower to them the wing of humility”(Al-Qurān,17:24) and “O ye who believe! Iif any from among you turn back from his Faith, soon will Allah produce a people whom He will love as they will love Him,- lowly with the believers, mighty against the rejecters” (Al-Qurān,5:54).

In other words Allah stipulates that from the love of those chosen by Him for Him and from His love for them should stem a mindset wherein they lower themselves to the fellow believers yet they are mighty in the face of the rejecters of the faith. “Humility” here means the humility of facilitation and resilience; a believer is tractable, pliable and docile for his fellow believer; he is malleable to his brother in faith without any ignominy or disgrace. In fact it is mutual and

2 NarratedbyBukhāri(FathulBāri):(10/367);Muslim:2586(throughNu’manBinBasheer) 3 NarratedbyBukhāri(FathulBāri):(5/72and10/376);Muslim:2585(Abu-MoosaAl-Ash’ari)

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from every faithful for every other faithful; it is not one-way; it is as Salman Al-Farisi put it, “Indeed a believer to another believer is like one hand to another – one washes another.” This brotherhood removes the barriers, eliminates pretentiousness, it blends a soul with another so that nothing intractable or obstinate remains between the two; this brotherhood eradicates negative sensitivities between the brothers in faith, because howsoever big, rich or powerful a faithful may be, he is modest to the extreme towards his brother irrespective of the latter’s position or social status.

How can there be any ill feeling between the believers when they had become brethren by the grace of Allah, when they together love Allah and He loves them, when they had become like a single body, like a single hand and like a single building; is there any rationale to imagine any ignominyordisgracetoanyoneorganofthebodywhenithumblesitselftoanotherorgan!?

Furthermore, this humility to fellow believers and dignity in the face of the rejecters is not a matter of following whims and fancies; it is, rather, obedience and compliance with the obliga-tionsoffaithandwithexigenciesofaffirmativebrotherhood.

Unity of Ranks and Banner: Allah the Almighty did not like to describe the collective community of the Muslims as being

many arrays together; He assimilated them to a single array. Allah says, “Truly God loves those who fight in His Cause in battle array, as if they were a solid cemented structure”(Al-Qurān,61:4). In fact Islam attaches a great deal of unparalleled importance to harmony between Mus-lims.HundredsofQurānicversesandsayingsoftheMessengerofAllah(pbuh)emphasizethe importance of unity among Muslims as being a religious obligation and a realistic require-ment, and that disunity and schism between their ranks leads to nothing but laceration, feeble-ness and ignominy in the face of others. Allah the Almighty says, “… and fall into no disputes, lest ye lose heart and your power depart”(Al-Qurān,8:46)and “And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves; and re-member with gratitude God’s favour on you; for ye were enemies and He joined your hearts in love, so that by His Grace, ye became brethren; and ye were on the brink of the pit of Fire, and He saved you from it. Thus doth God make His Signs clear to you: That ye may be guided.Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong: They are the ones to attain felicity. Be not like those who are divided amongst themselves and fall into disputations after receiving Clear Signs: For them is a dreadful penalty”(Al-Qurān,3:103-105).

Mercifulness and Honoring the Rights: Muslims’ being brethren like a single body implies that none of them should oppress another;

every one of them ought to honor the rights of his brother, as he is like a part of his own self; he oughtnottotyrannize,betray,cheat,envy,abhor,desert,scornnorcommitaggressionagainsthis brother – neither against his belongings, nor against his honor, nor against his self, nor against his body; instead of abandoning him, he must defend him; he should like for him what he likes for himself; he ought to advise him, visit him when ailing; he must shield him and not expose him; he ought to cater to his needs, intercede for him and reconcile between him and his Muslim brother.

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AllthisisaffirmedbytheHolyQurānandcorroboratedbytheTraditionoftheMessenger(pbuh). Let me quote some here from the latter4:

a) Jundub Bin Abdullah (mAbpwh) narrates from the Messenger of Allah (pbuh) that he said, “He who offers the Fajr (dawn) prayers, falls under the protection of Allah. So let Him not seek you for anything on behalf of His protected; he who is sought by Him for anything on behalf of His protected, He shall get him and then toss him headlong into the Hellfire.”5

Ibn ‘Omar (mAbpwh) narrates from the Messenger (pbuh) that he said, “A Muslim is a brother of another Muslim, he does not do injustice to him nor does he betray him; he who stands by his brother in hour of need, Allah looks after him in hour of need; he who relieves a Muslim from an anguish, in reward, Allah shall relieve him from an anguish of the day of judgment; he who shields a Muslim, Allah shall shield him on the day of judgment.”6

Abu-Hurairah narrates from the Messenger (pbuh) that he said, “A Muslim is a brother of another Muslim, he does not betray him, lie to him nor abandon him. Every belonging of a Muslim is inviolable for another Muslim – be it his honor, his possessions or his life; piety lies here (in the heart); it is enough of evil that a Muslim scorn his brother Muslim.”7

Abu-Hurairah also narrates from the Messenger (pbuh) that he said, “Do not envy each other, do not be agitated with each other, do not abhor each other and do not impede others’ sale’s in favor of your sale; be slaves of Allah while being brethren. A Muslim is a brother of another Muslim: he does not aggrieve him, abhor him nor abandon him; piety lies here (pointing thrice to his chest); it is enough of evil that a Muslim scorns his brother Muslim; every belonging of a Muslim is inviolable for another Muslim – be it his life, his possessions or his honor.”8

Anas (mAbpwh) narrates from the Messenger (pbuh) that he said, “One of you can’t be a be-liever until he likes what he likes for his brother (in faith).”9

Anas (mAbpwh) also narrates from the Messenger (pbuh) that he said, “Support your brother whether he is an oppressor or oppressed.” Someone asked, “O Messenger of Allah, I shall stand by him when he is the oppressed; how come I should support him when he is the oppres-sor?” The Messenger of Allah replied, “Restrain him from his oppression; this is to support him.”10

Abu-Hurairah (mAbpwh) narrates from the Messenger (pbuh) that he said, “A Muslim owes five things to another Muslim: replying the greetings, visiting the sick, participating in the funeral, accepting the invitation and invoking mercy for the sneezer.”11

Muslim narrates this as, “Rights of a Muslim are six: when you meet him, greet him; when he invites you, accept his invitation; when he seeks advise from you, advise him; when he sneezes and praises Allah, invoke mercy for him; when he is sick, visit him; and when he dies, follow his funeral.”

4 Most of what is quoted here, is from “Riyadhu Saleheen” – Edited by Sheikh Shu’aib Al-Arnaoot5 Narrated by Muslim: 657, 6266NarratedbyBukhāri:(5/70,71)andbyMuslim:25807NarratedbyTirmizi:1928,categorizingitasacceptable8 Narrated by Muslim: 25649NarratedbyBukhāri:(1/53/54)andbyMuslim:4510NarratedbyBukhāri:(5/71)and(12/289)11 NarratedbyBukhāri:(3/90)andbyMuslim:2162

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Abu-AmmārAl-BarrāBinA’azib(mAbpwh)narratesfromtheMessenger(peaceandbless-ings be upon him) that he said, “The Messenger of Allah commanded us to do seven things and forbade us from seven: commanded us of: visiting the sick, following the funeral, invoking mercy for the sneezer,12 accepting (the swearing of) he who swears, standing by the oppressed, accepting the invitation, and being generous with the Salam (greeting); he forbade us from: wearing gold rings, drinking in silver (goblets), vainglorious red cushions, ostentatious at-tires, and wearing silk, brocade and silk brocade.”13

Abu-Hurairah (mAbpwh) narrates from the Messenger (pbuh), “When a slave of Allah covers another slave of Allah, Allah (guarantees that He) will cover him on the day of judgment.”14

Abu-Hurairah (mAbpwh) also narrated saying, “I heard the Messenger (pbuh) saying: whole of my nation shall be forgiven except those who are shameless – shamelessness means that a person does a deed at night, having been covered by Allah he then wakes up and declares: O, so-and-so, last night I did such and such thing. Although he spent his night under the cover of his Lord, yet he wakes up to expose himself out of the cover of Allah.”15

Abu-Hurairah (mAbpwh) also narrates from the Messenger (pbuh), “He who relieves a faith-ful of an agony of this world, Allah shall relieve him of an agony of the day of judgment; he who eases the suffering of a sufferer, Allah shall ease for him in this world and in the hereaf-ter; Allah rescues his slave as long as the slave stands by his brother; he who pursues a path seeking knowledge, Allah eases for him the path to paradise. Whenever a group of people get together in a house of Allah (mosque) reciting Allah’s book, deliberating together over it, surely tranquility descends over them and mercy shrouds them, the angels enfold them and Allah mentions them to those who are close to Him; he who is slackened by his deeds, his pedigree shall not accelerate him”16. Likewise Abu-Moosa Al-Ash’ari (mAbpwh) narrates saying, “The Messenger of Allah (pbuh), whenever a requester used to come to him seeking fulfillment of a need, would address those sitting with him: intercede (for the needy), you will be rewarded (by Allah); Allah grants the request of His Messenger as He likes.”17

Abu-Hurairah (mAbpwh) also narrates from the Messenger (pbuh), “Every sound person owes a charity on every day on which the sun rises: that you treat two (conflicting sides) with justice, is a charity; that you assist a person ride his riding animal by lifting him onto it, or that you lift for him his load onto it, is a charity; an amiable word is a charity; every step you walk to (offer prayers) is a charity; removing a harm from the way is a charity.”18

Preventing the Harm: Hence it is not comprehensible that Muslims - being “a single body, one single hand, a solid

reinforced structure” - can harm each other. A Muslim must not offend a Muslim so long as he had been reared on the basis of this comprehensive belief, the belief that has fused the faithful into the crucible of the divine love. Thus a Muslim restricts himself from everything that could hurt his brother in faith, especially in the following areas:

12 (Thetranslator:AccordingtoIslamicetiquetteswhensomeonesneezes,heshouldsay,“praisebetoAllah(fornotafflictingmewithanythingworse)”;those hearing, should respond by saying, “Allah shower His mercy upon you”; upon this he should respond saying, “upon us and upon you”).

13NarratedbyBukhāri:(3/90)andbyMuslim:(3/90;5/72,9/210;10/84,97,259,266,497;11/15,16)andbyMuslim:206614 Narrated by Muslim: 2590, 7215NarratedbyBukhāri:(10/405,406)andbyMuslim:299016 Narrated by Muslim: 2699 and by Ahmad: (2/407)17NarratedbyBukhāri:(3/238)andbyMuslim:262718NarratedbyBukhāri:(5/226)and(6/93,94);andbyMuslim:1009

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He restricts himself from harassing his brother, whatsoever be the case, for the sake of effec-tuating the true brotherhood and in abidance of the divine forbiddance which prescribes, “And those who annoy believing men and women undeservedly, bear (on themselves) a calumny and a glaring sin” (Al-Qurān,33:58).

Hence Allah has proscribed upon every Muslim harming his brother in his self, honor, dignity, possessions, family and in everything that belongs to him. The real motto of a Muslim is: “A Muslim is the one from whose tongue and hand Muslims stay unimpaired.”19 In fact, a Mus-lim’s tongue usually refrains and abstains from speech with exception of utterance of good. The Messenger of Allah (pbuh) says, “Whosoever believes in Allah and in the Day of Judg-ment, must say good or else keep silent.”20 Allah has elucidated that whatsoever a human be-ing utters is recorded for him or against him, “Not a word does he utter but there is a sentinel by him, ready (to note it)”(Al-Qurān,50:18)and“And pursue not that of which thou hast no knowledge; for every act of hearing, or of seeing or of (feeling in) the heart will be enquired into (on the Day of Reckoning)”(Al-Qurān,17:36).

ImāmNawawisays,“Know that every responsible person must guard his tongue from every utterance except where there lies the advantage. And when talking is equivalent to avoiding talking, the prophetic Tradition is to refrain from it, because a permissible talk may drag to unpermitted or to abhorrent acts or speech, which happens a lot usually. Certainly, for safety’s sake nothingness is better.”21

ThisissubstantiatedbyanarrationofAbu-Hurairah-reportedbyBukhāriandMuslim-thathe heard the Messenger of Allah (pbuh) saying, “A slave carelessly utters a word, as a result of which he goes deep down the Hell, deeper than the space between East and West.”22 He is also reported to have said, “By the grace of Allah, a slave innocently utters a word, as a result of which Allah elevates his status; by the ire of Allah, a slave unmindfully chatters a word, as a result of which he falls into the Hell.”23Mu’āzBinJabalnarrateshisconversationwiththeMessenger of Allah (pbuh) wherein he asked, “O, Messenger of Allah, advise me of a deed which would admit me to the Paradise and keep me away from the Hellfire” Towards the end of the conversation, the Messenger of Allah (pbuh) said, “O, Mu’āz, does anything else other than the produce of their tongues toss people somersaulting into the Hellfire!?”24

1.2.c Revival of the principle of mutual rights The rights between Muslims are based on reciprocation of these rights. In Islam, there is no

one who enjoys rights without shouldering obligations, nor is there anyone subjected to duties without enjoying rights. Such is the Islamic society wherein everyone bears his responsibility whatsoever his status be – whether young or old, poor or rich, ruler or subject, warden or pris-oner. No one is an exception to this fair system. This balance does not exist in other societies; capitalistic society is based on dominance of rights, whereas the socialistic society is based on dominance of duties. Islamic society on the other hand is the society of rights and duties; everyMuslimmustfulfillhisdutybeforeclaiminghisright,henceeveryfaithfulisobligatedtodischargehisdutyfirst.Onthecontrary,inothersocietiesonedemandshisrightfirstand

19NarratedbyBukhāri:(1/51,52)andbyMuslim:4220NarratedbyMuslim:48andpartiallybyBukhāri(FathulBāri):(10/373)21 “Riyadhu Saleheen” – Edited by Sheikh Shu’aib Al-Arnaoot – Page: 42722NarratedbyBukhāri(FathulBāri):11/265,266;byMuslim:2988;byMalik:2/985;andbyTirmizi:231523NarratedbyBukhāri(FathulBāri):11/266,26724NarratedbyTirmizi:2619;byAhmad:(5/231);IbnMajah:3973

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thereafter he discharges his duty, this is why dissension proliferate there, whereas dissension is sparse in Islamic societies that abide by the divine law.

Hence the Islamic society does not rest on mere altruism and volunteering. In fact altruism is an additional characteristic of the Islamic societies to strengthen the society and to gel in togetherness. Allah the Almighty says, “But those who before them, had homes (in Medina) and had adopted the Faith,- show their affection to such as came to them for refuge, and en-tertain no desire in their hearts for things given to the (latter), but give them preference over themselves, even though poverty was their (own lot). And those saved from the covetousness of their own souls,- they are the ones that achieve prosperity”(Al-Qurān,59:9).

Hence reciprocated rights form the basis of the Islamic social contract. Altruism is just a bo-nus and compliment. This leads to the spirit of competition in righteousness, pursuit towards excellence,emulationtowardsfurtherattainment,growth,civilizationandprogress.Asare-sult of this process the righteous is distinguished from the wicked, the strong from the feeble, pleasant from tarnished and so on. Above and beyond, this leaves no room for exploitation between the people; everyone must get his right as long as he discharges his duty.

1.2.d Revival of the principle of equality One of the most important principles established by Islam is the principle of equality between

Muslims – equality in rights and duties and equality in rules, status and dignity. Muslims are like the teeth of a comb; no one of them is preferred over another on the basis of race or color or shape or nationality and tribe or region. Here whole of the humanity stands equal; all of them are from Adam and Adam was created from dust; an Arab enjoys no favor over a non-Arab, a non-Arab enjoys no favor over an Arab, a white enjoys no favor over a black nor does a black enjoy any favor over a white, except by the virtue of piety. It is worth mentioning that piety lies in the chest and no one except Allah the Almighty is aware of what lies in the chests. ThroughmultipleversesoftheHolyQurānandsayingsoftheMessengerofAllah(pbuh),Is-lam eradicated all manifestations of discrimination on any basis whatsoever, as all expressions of discrimination are deplorable in Islam. Same is true of equality in front of judiciary and the courtsoflawandinrealizingjusticeandreturningtheduestothedeservingwhosoeverhemaybe, whether strong or weak. Abu Bakr (mAbpwh) has rightly said, “The strong in your eyes is weak to me until I take back the right of the weak from him and the weak in your eyes is strong to me until I return back to him his right from the strong.”

1.2.e Revival of the principle of justice Facilitation of relations on the basis of the maxim of justice is of prime importance. Justice is

the cornerstone of Islam and on it stood the heavens and the earth. After belief, nothing has been attached as much importance as justice.

1.2.f Revival of the principle of ‘inevitability of unity and illegitimacy of disunity’ Allah the Almighty has enjoined the unity based on belief and forbidden discord over rudi-

ments.Hehas,rather,reckonedthistobeofthekindofinfidelity,althoughinfidelityofalesserdegree.Textualevidenceinthisregardisimmense.Itwillsufficetosummarizebysaying:Islam, as it is, is the religion of unity embedded in faith; it is the religion of unity of the Islamic Nation; it is the religion of unity of expression of monotheism; it is the unity of expression. In fact, Islam takes its advent from oneness of the God the Lord and leads to oneness of His slaves. Allah says, “Verily, this brotherhood of yours is a single brotherhood, and I am your

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Lord and Cherisher: therefore serve Me (and no other).”(Al-Qurān,21:92).ThatiswhyIslamunifiedthedirectionoftheirprayers,unifiedthepillarsoftheirfaith,unifiedtheauthority(theQurānandtheSunnah)andordainedthemtoholdfast,alltogether,bytheropeofAllahtheAlmighty, saying, “And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves.” (Al-Qurān, 3:103-105).ActuallyHe theAlmightycalledthedissensionasinfidelity,althoughinfidelityofalesserdegree.ThishappenedwhensomeJewstriedtoinstigatethepre-IslamicpaganenmitybetweentheAwsandKhazrajtribesof Medina; Allah revealed, “O ye who believe! If ye listen to a faction among the People of the Book, they would (indeed) render you apostates after ye have believed! And how would ye deny Faith while unto you are rehearsed the Signs of God, and among you Lives the Apostle? Whoever holds firmly to God will be shown a way that is straight.”(Al-Qurān,3:100-101).

LikewisetheMessengerofAllah(pbuh)too–duringhisfinalpilgrimage-nameddissensionasinfidelity,“Do not return to infidelity - decapitating each other.”25

1.2.g Underline the need for acceptance of others’ interpretive judgments, rallying around the constant values of Islam, toleration in what is variable, and tolerance to what might be described as legitimate or objectionable in case of a disagreement.

Most of the problems arise out of non-acceptance between us. Dissension between us leads toostracism,whichinturnleadtoinfightinganddisunity.Wearesupposedtorecognizeeachotherthroughacceptanceoflegitimatediversity.OurIslamicCivilizationiscreditedwithac-commodating intellectual multiplicity even to the extent of some aspects of the belief, just as it embraced the jurisprudential differences and existence of diverse schools of thought without any embarrassment. In some cases something was seen by one school to be absolutely lawful, whereas the same thing was considered null and void by another school. Why then can’t we acceptpoliticalandintellectualdiversityinlightoftherecognizedconstants?

The Islamic Nation today is very much in need of search for commonalities within. Certainly these are in abundance. All schools of Islamic jurisprudence and Islamic groups share the roots of the belief and pillars of faith (in Allah, in His angels, in His revealed books, in His Mes-sengers, in the Day of Judgment and in good and bad of the destiny), as they share agreement onfivepillarsofIslam(declarationoffaith,dailyprayers,Zakāt,FastingandHajj).TheyalsoprayindirectionofthesameK’abainMecca).Allofthem,withoutanydisagreement,confirmtooneandthesameQurānastheholybook.Theysharethesameenemyandtheirinterestsare common – they unanimously consider Zionism, Crusaders’ Christianity, Secularism and sexual deviance as their worst enemies. The major issues of the Islamic Nation (like Palestine) are the causes for which they are ever ready to lay down their lives. They are all aware that theirenemiesdonotsingleoutanyoneofthem.TheinfluentialRANDCorporation,whichplays a vital role in formulating the American strategy, its latest report states that all Muslims (traditionalists, fundamentalists, liberals, mystics, Shia and Sunnis) are unreliable; American policy should not be to ally with them except as a tactic to eliminate the most dangerous groups amongst them. The report puts them all together in one basket and then suggested a new type of Islam, namely Civil Democratic Islam that would accept all the Western values.26

Aren’tallthesecommonalitiesbetweenMuslimsadequateenough?Tobringthemtogether,aren’t the adversities, perils and numerous enemies - who have rallied together against their Nationjustascarnivoresstormacarcass-,sufficientenough?

25NarratedbyTirmizi 26 Report of the Rand Corporation for year 2003-2004, titled “Civil Democratic Islam.”

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1.2.h Remedy of the Nation Lies in Rallying around the Constants and in accepting the Op-posing Interpretations that go Against Variables:

TheprincipaltextsofIslamhavefocuseddefinitelyonthebasisandpillarsonwhichthisreli-gion stands and on which sound belief, values, sublime morals and rudiments of dealings and transactions with all people are founded. The details in most of the things have been left for presumptive attestations or for human interpretations in light of the general principles and the comprehensive norms.

Thus the Shariah has combined the constants which are not susceptible to any change (that are like the skeleton of the human body) and the variables which cover the day-to-day affairs (that are subject to change). And thus has the Shariah, which has been sent by Allah the Almighty, harmonizedwiththehumanbeing,towhomitwassent.Allahsays,“Should He not know,- He that created? and He is the One that understands the finest mysteries (and) is well-acquainted (with them).”(Al-Qurān,67:14).

The human being is constant in his reality, essence, the origin of his intellect, spirit, self, mysteries, and in his needs and general requirements of food, drink and clothing. Although the characteristics vary, yet the common human origin remains the same till today since his creationforthefirsttime.Buthumanbeingsvaryintheirlore,inpossibilitiesofutilizingtheirpossessions, in their knowledge, dress, drink, food and housing. Human being did tread on the moon,yethecontinuestobeinneedofthedivineguidanceandofthebelieftofillthevoidbetween his spirit and his self. He continues to be in need of the divine values and morals to prevent him from duplicity, racism, cruelty and tyranny, to motivate him to justice, equality, fairness, and to deter him from humiliating and scorning his fellow humans and from extortion andembezzlement.27

Duetothemajorcharacteristicofbeingabletosimultaneouslybenefitfromthetraditionandreason and from constants and variables, the human being is privileged to combine worldly welfare and triumph in the hereafter. We achieve harmony, love and effective social conver-gence when we cooperate and unite on the basis of the constants which we agree upon and when we excuse each other regarding what we disagree, because the latter falls in the category of interpretative variable which are liable to multiple perspectives.

By constants here we mean the Islamic principles established by irrefutable denotations and evidenceorbyestablishedgenuineunanimityrealizedbytheIslamicNationduringthefirstthree centuries of the Islamic Calendar.

In light of this, the constants include the six rudiments of the faith (faith in Allah, in His angels, in His revealed books, in His Messengers, in the Day of Judgment and in good and bad of the destiny)andthefivepillarsofIslam(declarationoffaith,fivedailyprayers,Zakāt,fastingthemonthofRamadhānandHajjwhenafforded).Constantsalsoincludetheestablishedvaluesand morals, the general principles and fundamentals of the Islamic family law, of the dealings andtheJihād,oftherelationswithothersandofjudiciaryetc.Inbrief,whenanyprinciplefromamongsttheIslamicprinciplesinanyfieldoflifeisprovenbyirrefutabledenotationsandevidence or by established genuine unanimity of the Islamic Nation based on corroboration rather than on customary convention, that is one of the constants that must be abided by and must not be underestimated, except wherein exigencies temporarily justify impermissibility.

27YusufAl-Qaradāwi–MadkhalilāDirāsatiAsh-Sharee’ah–Page:257

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On the other hand the variables mean the conventions based on hypothetical evidence (wheth-er hypothetical in interpretation of the text and in its evidence or in both), or on interpretation anchored in juristic reasoning or in amenable advantages or in customary convention or on the rationales or the Shariah etc.

ThescopeofvariablesinFatwā(religiousjuristicopinion)andinhypotheticaljuristicedictsis quite vast. It includes all the previous juristic interpretations besides the area of Legislative Vacuum which is evidently resilient to changes according to respective juristic interpreta-tions.AccordingtoImāmAl-Haramain,“Major part of the Shariah is the product of diligent interpretation (of jurisprudents and scholars), and the primary texts (from the Qurān and the Hadith) do not amount to even one-tenth of it.”28

As long as previous juristic interpretations of our revered jurisprudents are not unanimously agreed upon, these are subject to review. In fact these ought to be reviewed and sieved – with all due regard and respect – through selective diligent interpretation and objective comparison between them in order to identify the preponderant amongst them and then the same be applied totheissuesofourtimeswithallfinenessandfairness.

These hypothetical texts can be reviewed once again in light of Arabic grammar, fundamentals of jurisprudence, context and syntax. With that, we can derive new meanings and edicts, which were neither perceived by the predecessors nor favored by the masses or which were possibly mentioned only by a few.

So faras theLegislativeVacuumisconcerned,diligent interpretation (Ijtihād)needs tobestructuralandinvolveexistenceofprerequisitesandqualificationsoftheexpertiseinwhoso-ever embarks upon it.

The ambit of variables encompasses what is out of the domain of fundamentals and absolute constants, especially what relates to the beliefs and acts of worship. Most of it manifests in the realmslikeeconomicdealings,financialtransactions,politicalandmedicalissuesandforeignrelationsetc.AccordingtoImāmAsh-Shātibi, “The genuine scope of diligent interpretation (Ijtihād) lies between what fluctuates between two ends, so that on the one side it appears as if the intention of the lawgiver is to approve a certain position, while on the other side it ap-pears as if the lawgivers intended to disapprove that position, but it has not been categorically approved nor disapproved.”29ImāmGhazalisays, “The subject of diligent interpretation is every legal edict that is not corroborated by categorical evidence.”30

28 Al-Bahrul Muheet – Kuwait – (4/472)29Al-Muwafiqāt(2/519)30Al-Mustasfā(2/354)

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The Dilemma Lies in Superimposition of the Revealed, not in the Revelation Being the Criterion:If we consider that superimposition of the TEXT on a new development is the diligent inter pretation(Ijtihād)andthejobofaninterpreterassuch,andthattheTEXTinitselfisnotthesubject of the act of interpretation, the ambit of acceptance broadens and the domain of vari ables extends. This is because the revelation represents the paradigm values for scheming thecourseandsettingtheframework.Thesevaluessymbolizethecriterionandthebalance, not programs and plans of the regular life. Hence programs, plans and administrative meas ures are open for discussion and there is scope for disagreement, as these are not considered religion which is not open for discussion, criticism or change; these are, what the jurisprudents call, “changing of the edicts (fatwa) with the changing circumstances (of the time and the place).”31

However the complexity aggravates with confusion between the TEXT itself and its super imposi-tion on a new situation that was not mentioned in the TEXT, confusion between the value and the program; confusion between the criterion and the interpretation, confusion between the innocent paradigm and the fallible interpretation, confusion between the absolute and the relative, and confu-sion between the abstract and the corporeal.

1.3 Genuine Differences as Factors for Unity

1.3.a Preamble AmongtheconstantsanddefinitedoctrinesofIslamistheinevitabilityofunity,solidarityand

association between Muslims, and illegitimacy of disunity and disarray amongst Muslims. Unity of the Islamic Nation is a religious obligation ordained by the true religion and dictated by the reality we live in – especially when because of its disunity and disarray, this nation’s existence, entity and sovereignty are in a pitiable state; the greedy crave to extort the Islamic Nationandmajorpartsof its landsarepreponderatedbymalevolentcolonizers.Unityandconcord are of utmost priority in today’s world of conglomeration of forces, particularly when more than ever Islam has turned to be the main target of malice.

There has not been any religion or system that would have cared so much about unity and abhorredthedisunityasIslamhasdone.ManyversesoftheHolyQurānandsayingsoftheMessenger (pbuh) stress upon the need for cooperation and unity and despise dissension and discord. In one such verse, Allah the Almighty says, “And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves; and remember with gratitude God›s favour on you; for ye were enemies and He joined your hearts in love, so that by His Grace, ye became brethren; and ye were on the brink of the pit of Fire, and He saved you from it. Thus doth God make His Signs clear to you: That ye may be guided. Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong: They are the ones to attain felicity. Be not like those who are divided amongst themselves and fall into disputations after receiving Clear Signs: For them is a dreadful pen-alty.”(Al-Qurān,3:103-105).

TheseverseswererevealedaboutAwsandKhazraj-thetwomajortribesofMedina–afterIslamcametoMedina.ShāsBinQais-aJew-triedagreatdealtoincitethepagansectarianbias between the people of the two tribes using a young Jew to remind them of the enmity and the long war they had fought. The young man recited rabble-rousing poetic verses and suc-

31‘IlāmulMuwaqi’een(3/3)

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ceeded in his attempt when people from the two tribes disputed and started boasting of their tribalsuperiority.ThematterledtoanimminentclashbetweenAwsandKhazrajandwhentheMessenger of Allah (pbuh) came to know, he addressed them saying, “O you, the community of Muslims, watch Allah, watch Allah; how come this slogan of paganism while I am amongst you?! Is it after Allah guided you and ennobled you with Islam, terminated with it the state of your ignorance, rescued you from infidelity and conciliated between you, that you return back to the same old infidelity that you were in?.”Thereuponthepeoplerealizedthatithadbeena propensity of Satan and a dirty trick of an enemy of theirs. They laid down their arms and burst into tears; they embraced each other and dispersed along with the Messenger of Allah (pbuh) embodying comprehension and obedience. Thus Allah the Almighty put out the ordeal of the turmoil that their common enemy had instigated. It was then that the above mentioned threeversesoftheQurānwererevealedprefacedwiththefollowingthreeverses:“O ye who believe! If ye listen to a faction among the People of the Book, they would (indeed) render you apostates after ye have believed! And how would ye deny Faith while unto you are rehearsed the Signs of God, and among you lives the Apostle? Whoever holds firmly to God will be shown a way that is straight. O ye who believe! Fear God as He should be feared, and die not except in a state of Islam.”(Al-Qurān,3:100-102).

TheseversesoftheQurānrevealedinthegivencontextsubstantiatethefollowingfacts:

1. That the enemies of Islam spare no effort to break apart the Islamic Nation and that they keep trying to instigate dissension. This applies especially to Zionists and Crusaders as well as to thecolonizerswhosemottoof“divide and rule” is no secret.

2. ThatfollowingthoseenemiesandobeyingthemimpliesastateofunbeliefastheQurānsays,“they would (indeed) render you apostates after ye have believed! ”(Al-Qurān,3:100).

This is the strongest condemnation of disunity, especially if the cause was subordination to the infidels.ThatiswhathasbeennamedbyAllahasinfidelity.

3. It is regarded as strange and outlandish to fall apart from the Muslim community; causing dis-sensionwhileQurānisexistentandtheMessengerofAllah(pbuh)isalive(orwhilehisTradi-tionisinexistenceafterhispassingaway)isconsideredinfidelity.Thismeansthattheonlypath for this Nation is the path of pursuing the Holy Quarn and the Sunnah of the Messenger (pbuh). Certainly the course of solidarity must be the feasible course if will and determination exist, while indeed the instruments of unity do very much exist.

4. Importance of piety and sincerity. Necessity of getting rid of the perilous caprices of tribal, factional and sectarian prejudices and fanaticism, which breed abominable discord and sinister dissension and have really been the lethal diseases that degenerated the physique of the Nation andoxidizeditsskeleton.

5. Intensive care of the duty of enjoining what is right, and forbidding what is wrong; reforming the people, doing good deeds, calling people to righteousness and promoting benevolence and solidarity between Muslims. These are the great effective means of protecting the Nation and uniting it on the path of guidance and salvation.

6. Importanceofholdingtogetherfirmlythehardly-wearyingropeofAllahandbeingengrossedinmissionaryworkandinstruggleforunificationoftheNation,asbeingthepreceptsubstanti-atedbymanyversesoftheHolyQurān,forexample:

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“As for those who divide their religion and break up into sects, thou hast no part in them in the least: their affair is with God: He will in the end tell them the truth of all that they did.” (Al-Qurān,6:159).And“and fall into no disputes, lest ye lose heart and your power depart.” (Al-Qurān,8:46).

Authentic sayings of the Messenger (pbuh) also corroborate this precept, for example:

“He who dissociated himself from the community (to the extent of) a span of a hand and died (in that state), he died the death of a pagan.”32

“Do not hate each other, do not be jealous of each other, do not turn your faces from each

other; be brethren in slavery of Allah; it is not legitimate for a Muslim to desert his brother for more than three days.”33 Likewise there are numerous sayings of the Messenger of Allah (pbuh) in this regard.

Hence the damned disagreement is the disagreement that goes against the constants and the categorical - disagreement on rudiments and constants of the religion or the kind that entails hatred, abomination and discord.

Sofaraslegitimatedisagreementisconcerned,thatisthedisagreementonramifications,noton rudiments; that is the disagreement on means, not on ends; that is the disagreement on mechanisms, not on purposes; that is the disagreement on diversity of courses towards right-eousness, not on general goals of the Shariah; that is the disagreement on procedures, methods andpreferences,notonauthorityandgeneralscientificmethodology.Suchdisagreementisacceptableandnaturallyjustifiable;itbelongstothereligionandnotoutlandish,becausethereligion of Islam – as mentioned earlier – absorbs it within its texts and general principles.

1.3.b Disagreement Denotes Diversity, not Contradiction Since there is unanimity among all Muslims on the constants, their disagreement is the disa-

greement of diversity, not the disagreement of contradiction, provided it is based on disci-plinedanddiligentinterpretation(Ijtihād).AccordingtoImāmAsh-Shātibithedisagreementthat leads to discord and hatred indicates that that is the disagreement based on whims and fancies and thus unacceptable in Islam, “Hence it indicates the dimension of camaraderie, affection and empathy between those who might disagree on matters of interpretation, which restrains from sectarianism and partisanship, simply because they are unanimous on seeking the intent of the lawgiver and as such disagreement on these ways is harmless.”TheImāmgoes further writing, “Thus it is apparent that the disagreement emanating from perverting whims and fancies rather than from objective exploration of intent of the lawgiver through overall substantiation and evidence on detail, is the disagreement of the narcissistic. And when narcissism comes in, it leads to following the allegories in order to look triumphant and to save face by trying to justify the disagreement; it leads to discord, enmity and hatred simply because of the differing caprices. In fact the divine guidance came to uproot unjustified whims and fancies.”34

ItiswellknownthattheextentofdifferencesinIslamicjurisprudencetestifiestotheease,am-plitudeandmagnificenceoftheShariah,simplybecauseitstextsabsorballthesedifferencesfor the sake of resilience and purges perturbation. In fact difference in jurisprudence, intellect

32NarratedbyBukhāri:(5/13);byMuslim:(3/14777),No:1849);andbyAhmad:(2/82,92,95,123,154)33NarratedbyBukhārithroughAnas(FathulBāri):(10/413);andbyMuslim:256034Al-Muwafiqāt(2/576)

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and politics are necessary as long as the difference is based on legitimate diligent interpreta-tion (Ijtihād). In suchacase thedifferences revolvealongwith the interpretation,whetherexistent or nonexistent, due to the diversity of intellects, thoughts, conventions and external as wellasinternalinfluences.

Hence when Muslims are aware and conscious of these facts, disagreement does not lead to hatred.AccordingtoImāmIbnTaymiyah,“So far as disagreements in regulations are con-cerned, these are beyond the limit of being strictly made regular; if difference of opinion of two Muslims always required their desertion of each other, there wouldn’t remain any mutual bond or brotherhood between Muslims.”35 This great scholar of authority has broadened the scope to accommodate even such groups and individuals from whom perilous utterances may ema-nate. According to him even an individual from such groups should not be termed as outcast from Islam. He says, “The fact in this case is that the utterance may amount to infidelity and thereupon it may be termed as an utterance of infidelity and people may say that he who says as such is an infidel. But that particular person who uttered that utterance must not be termed as infidel until the fulfillment of his argument. Same is true about other utterances, wherein the person responsible may be termed as infidel, but he might not have been aware of the texts that are vital for realization of the truth; or he might have had access to those texts, but these did not establish the truth to him or he could not comprehend them; he might have come across some doubts for which Allah may forgive him. Whosoever from amongst the believers strives in search of the truth and errs, Allah shall forgive him for his error whatsoever it may be, whether in theoretical or practical issues. This is what has been the position the companions of the Messenger of Allah (pbuh) and of majority of the leading scholars of Islam.”36

1.3.c No Condemnation in Issues of Disagreement It is an established fact that condemnation of abominable acts, whether by tongue (through

advice or protest) or by hand (in case of those who enjoy authority) is applicable, according to Shariah, only on acts unanimously considered as abominations. So far as issues of genuine disagreement are concerned, condemnation is not applicable. Instead, dialogue, discussion, wisdom, astute advice, eloquent and effective style of communication and prudent argument arepreferredforthesakeofguidancetothebetter,thentothepreferredandfinallytothebest.ThisiswhywhenMoses(pbuh)scoldedanddraggedhimwithhisbeard,Aaron(pbuh)justifiedhis silence towards the Children of Israel (whom Samiri misguided and made them worship the image of a calf) saying, “Truly I feared unless you should say, ‘You have caused a division among the children of Israel, and you did not respect my word!’”(Al-Qurān,20:94).HearinghisexcuseMosesImmediatelyreleasedAronandconceded tohis justification.Amongthequalificationofgenuinedisagreementisthattheintentionofthedisagreeingmustbesincere,free of whims, oriented to righteousness, detached from blind bias towards individuals, creeds andsects;itmustenvisionpositiveviewsaboutothers,desistfromslanderandvilification,shun squabble and wrangling and the dialogue must be carried out with the spirit of “respond with what is better.”37

35MajmooulFatāwā(24/173)36 Ibid: (23/345-346)37YusufAl-Qaradāwi–As-SahwatulIslamia–Page:193

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1.3.d Difference of Opinion in Details is a Mercy Thishasalwaysbeenthesloganofourrighteousancestors.OmarBinAbdulAzizhassaid,“I

wouldn’t be quite impressed if companions of the Messenger of Allah (pbuh) had not differed in opinion; had they not differed, we would not have had any concessions.”38 When Qasim Bin Muhammad, who was one of the seven leading jurisprudents in Medina, was asked about recitation of the Fatihah while following the leader of the congregational prayers, he replied saying, “If you recite it, you will be following the example of companions of the Messenger (pbuh); if you do not recite it, you will (still) be following the example of companions of the Messenger (pbuh).”39 Yahya Bin Saeed has said, “Scholars continue to issue Fatwa (religions opinion or edicts); one permits a thing and another prohibits it; no forbidder considers that anyone who permitted shall perish because of his permitting nor does one who sanctions con-siders that anyone who forbade shall perish because of his forbiddance.”40

InterpretersoftheHolyQurān,whileinterpretingthe59thverseofchapter4(Oyewhobe-lieve!ObeyGod,andobeytheApostle,andthosechargedwithauthorityamongyou.Ifyediffer in anything among yourselves, refer it to God and His Apostle, if ye do believe in God andtheLastDay:Thatisbest,andmostsuitableforfinaldetermination.)havequotedHasanAl-Basari as saying, “So far as those who deserve the mercy of Allah are concerned, they do not differ to the extent that would damage them.”41 This is because their aim is to explore the truth and the accuracy as best as possible and (their sincerity leads them) to bring to light the genuine as they are able to conceive it, even if it were to be through those who differed with them; certainly the opinion that is not devised by caprices is not prejudiced by its holder.

1.3 e A Resolution of the Academy of Islamic Jurisprudence: The following resolution was passed by the Academy of Islamic Jurisprudence at its 10th

session (held Safar 24th - 28th, 1423 Hijra / Octover 17th – 20th, 1987 A.D.). We hereby quote its complete text: “The Academy of Islamic Jurisprudence has carefully considered the differences of opinion between the schools of Islamic jurisprudence. It has deliberated on the intolerant fanaticism manifested by some followers of these schools to the extent of leap-ing beyond the limits of moderation, which at times leads to slandering of other schools and scholars holding differing opinion. The Academy examined the dilemmas that occur in the minds and intellect of the contemporary youth regarding the differences between the schools of Islamic jurisprudence. Since the youth do not know the basis, meaning and purpose of these differences, they are deluded by those with fallacious intention that if the religion of Islam was one,itsfundamentalswererootedintheHolyQurānandtheauthenticTraditionoftheMes-sengerofAllah,whythenisthisdisagreementbetweenthevariousIslamicschools?Whythenare they not uniting so that Muslims could come together as a single school, with a unanimous understandingoftheregulationsoftheShariah?TheAcademyanalyzedtheissueoffactionalintolerance and the problems that emanate from it, especially among the followers of some of thecontemporarytrendswhocallforanewcourseofinterpretation(Ijtihād)andslandertheexisting schools which have received approval from the Muslim Nation since the early times; these people even disparage some of the scholars of these schools attributing aberration to

38FaizulQadeer:(1/209)39 Jami’u Bayanil ‘Ilm: (2/80)t40 Ibid.: (2/80)41PleaserefertotheInterpretationofIbn‘Atiyyah–Qatar:(4/108);FathulQadeerofAsh-Shawkāni:(1/481-482);andtheInterpretationofAl-Māwardi–Kuwait:(1/400).

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them and thus infatuate people with strife. While studying this subject, its phenomenon, cir-cumstances and repercussions in the form of delusion and sedition, the Academy, as part of its efforts to caution and enlightenment, resolved to address the following declaration to all such deluders and fanatics:

Firstly: Difference between various schools: The difference between various schools found in Muslim lands is of two types: 1. Difference between faith based schools and 2. Difference between jurisprudence based

schools.

So far as the faith based difference is concerned, it indeed is a misfortune which brought disas-ters to the Muslim lands, broke the ranks of Muslims and diffused their discourse. This indeed is a matter to be sad about. It should not have happened. The Nation must unite on the doctrine oftheTradition(Sunnah)andcreed(Jamā’ah)oftheMessengerofAllah(pbuh),whichrepre-sentsthepureandbona-fideIslamicideologythatprevailedduringthetimeoftheMessengerof Allah (pbuh) and the time of his Rightly Guided Caliphs, about which the Messenger of Al-lah (pbuh) had declared that it will be the extension of his Tradition, saying, “It is incumbent upon you to adhere to my Tradition, and to the tradition of the Rightly Guided Caliphs after me, do hold fast to it and cling to it with your molar teeth.”

So far as the jurisprudence based difference between schools on some issues is concerned, it hasitsscientificreasonswhichnecessitatedit.ConceivablythewisdomofAllahtheGloriousis behind this. Apparently it is His mercy to broaden the scope of derivation of regulations from the TEXTS. Moreover it is a blessing and a treasure of juristic and legislative wealth, which provides the Islamic Nation with amplitude within its religion and legal system. It does not leave it restricted within a single case of application of Shariah wherein it could not have optionsundertheumbrellaofShariah;ifthejuristicschoolofacertainImāmhappenedtobenarrowfortheNationatacertainpointoftimeoronacertainissue,itwouldfindspace,leni-ence and ease in another school, be it in matters related to acts of worship, dealings, family, judiciary and criminology – with due substantiations.

This second type of difference between various schools of jurisprudence is not an imperfection or inconsistency of any sort in our religion. It certainly cannot be so, as there is no nation on the face of the earth which has a legal system complete with its jurisprudence and interpreta-tion, but does not have juristic and interpretative differences.

As a matter of fact, this difference cannot be nonexistent. The reason is that the basic texts very often bear more than a single meaning. Similarly the text cannot embrace all possible de-velopments, simply because the texts are limited and the developments are unlimited – as was saidbysomescholars(mAbpwt).Henceitisinevitabletoseekrefugewithal-qiyās(juristicreasoning) and consider the reasoning behind the regulations, the intent of the lawgiver and the overall objectives of the Shariah, and then apply all this to the developments and to the new occurrences. It is quite natural that the perceptions of the scholars and their preferences on probabilities vary in this regard. Hence their judgments vary on a single issue although every one of them sought the truth and strived for it. Whosoever from them hit the mark deserves double reward from Allah and whosoever missed the mark merits one reward. Due to this, spaciousness evolves and perplexity vanishes.

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So where then is the imperfection or inconsistency in this juristic difference, given the aspects of advantage and mercy of which we have mentioned. It certainly is a grace and mercy of Al-lah upon His faithful slaves; it certainly is a legislative treasure and a point of merit, in which the Islamic Nation should duly take pride.

But the fallacious outsiders who exploit the lack of Islamic knowledge and awareness among some Muslim youth, especially among those who study abroad, portray to them these differ-ences among the schools of jurisprudence as if they were differences in belief. Their aim is to make them believe them by hook or by crook that these differences imply contradiction within the Islamic Shariah, without letting them come anywhere close to knowing the difference be-tween absolutely different types of disagreement.

Secondly: So far as the second category is concerned, the category of those who call for renunciation

of the schools of jurisprudence and wants to take the people to a new course of interpretation of their own; those who slander the prevalent schools of jurisprudence, their founders and scholars, what has been mentioned in this declaration regarding the schools of Islamic juris-prudence, their characteristics and their founders and great scholars, should be an eye-opener for them and it is imperative upon them to shun this obnoxious and vain manner which they have adopted and by which they mislead people, split their ranks and cause division in their common voice, where as we are in dire need of unity within our ranks in order to face the grave challenges from the enemies of Islam.

Peace and plenty of blessings be upon the Messenger of Allah – Muhammad –, his family and his righteous companions. Praise be to Allah, the Cherisher of the whole universe.

F. Another Resolution of the International Academy of Islamic Jurisprudence:

A number of resolutions were issued by International Academy of Islamic Jurisprudence about thesignificanceofunitywithintheIslamicNationandincondemnationofinstigatingfaction-alism and sectarianism. One of these is the Resolution (No: 189/11), which states:

Firstly: There is no doubt that Islamic unity is an obligation ordained by Allah the Almighty. He has

made it mandatory upon the whole Muslim nation. Allah says, “And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves.”(Al-Qurān,3:103). He also says, “Verily, this brotherhood of yours is a single brotherhood.”(Al-Qurān,21:92).LikewisethesayingsandpracticesoftheMessengerofAllah(pbuh)emphasizeuponthis. He says, “The blood of all Muslims is equal; they are a single hand over others; with their joint protection even the lowest (among them in social status) is privileged.” He accomplished this unity in actualityby establishing (muwākhāt) fraternal relationsbetween themigrantsfromMeccaandtheirsupportersatMedina.Thiswasdocumentedinthefirstlegaldocumentratifying an establishment of the Islamic city-state of Al-Medina. The document mentions Muslims as “a single distinct nation.”

AllthesetextsfromtheHolyQurānandfromthenoblesayingsoftheMessengerofAllah(pbuh) necessitate that the faithful must unite under the banner of Islam, holding steadfastly totheHolyQurānandtheTraditionoftheMessengerofAllah(pbuh);theymustshunallpast

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malice, tribal feuds, personal greediness and ethnic prejudices. When they did so in the past undertheguidanceoftheMessengerofAllah(pbuh)andthenduringtheperiodofthefirstguided generation, the religion of Allah spread to far and wide, its rule sprung from the East to theWestandthenIslamicCivilization–whichwasthegreatestcivilizationbasedonservitudetoAllahaloneeverseenonthefaceoftheearth-ledthewholehumancivilizationtonewheightsandestablishedjusticeandactualizedfreedomandequality.

Secondly: TheessenceofIslamicunityliesinactualizingservitudetoAllahtheGlorious,inbelief,in

wordsandindeeds-inlightofthefinalbookofAllahandtheTraditionofHisfinalMessenger(pbuh) -, by upholding the religion of Islam, which unites Muslims in spheres of intellectual, economic, social and political life on the basis of a single discreet declaration of faith. (It is evident that) whenever the Nation distanced itself from the essentials of its unity, the causes of dissonance popped up, which gradually penetrated deeper as a result of the dirty tricks of ‘divideandrule’bythecolonizers?TheimperialistsdividedtheMuslimNationintobitsandpieces connecting them on the ethnic and racial basis and by separating Arabs and Muslims. Most efforts of the Orientalists were devoted to reinforcing this dispersion through their stud-ies that were circulated among Muslims.

Thirdly: Existence of differences in jurisprudence, for its being based on interpretations of the com-

prehensionofthebasictexts(i.e.theQurānandtheHadīth)andtheirconnotations,isquitenatural in itself. These differences have in fact contributed to enrichment of the treasure of legaleruditionfulfillingobjectivesoftheShariahandactualizingitscharacteristicsofeaseandelimination of perplexity.

Fourthly: Necessity of commitment to hold in esteem all companions of the Messenger of Allah (pbuh)

and calling upon the scholars to highlight their status and virtuous position of transmitting the Shariah to the Nation and thereby underlining the need of gratitude to them. Calling upon the governmentstoenact lawsforpenalizingthosewhoslandertheirgreatnessinanymanner,which will not only hold them in esteem that they deserve but also remove one of the causes of dissension.

Fifth: NecessityofabidancebytheHolyQurānandtheTraditionoftheMessengerofAllah(pbuh),

by following the example of the noble companions (mAbpwt) and those who followed them righteously, by shunning perversities, by avoiding sedition and whatever could cause dis-sension within Muslims, and by exploiting positively all potentials for calling to Islam and spreading awareness among non-Muslims about its doctrines.

1.3 f Recommendations It goes without saying that our time is the time of alliances and groupings which have their

intellectual,socialandeconomicunderpinningsunderthepretextsofglobalization,secularismand modernity. This, coupled with unlimited freedom of the media makes the Islamic world a target to eliminate its peculiar characteristics, obliterate its rudiments and eradicate the land-marksofitsspiritualandintellectualcivilization.OurNationcannotbeguardedfromthesedangers without internal unity and removal of the roots of discord. It is feasible and viable as

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ourNationischaracterizedwithfundamentalsandnitty-grittyofconcordfordoctrinal,social,economic, legislative and cultural unity.

In view of the above, International Academy of Islamic Jurisprudence recommends the fol-lowing:

Firstly:Affirmationof theresolutionof theAcademy[No:48(10/5)]regardingimplementa-tion of rules of the Islamic Shariah, of the subsequent recommendations, and of the resolution [No:69(7/7)]regardingintellectualideologicalinvasion-mentionedinthefirstrecommenda-tion.

Secondly:PressuponthegovernmentsofMuslimcountriestosupporteffortsofOrganiza-tionofIslamicConferene(nowcalledOrganizationofIslamicCooperation)andInternationalAcademyofIslamicJurisprudenceconsideringthatthesetwosymbolizepoliticalandintel-lectual unity between Muslims.

Thirdly:Goingpastthehistoricalcontentions,becausefomentingthemdoesnotinflictuponthe Nation anything other than stirring up malice and deepening the dissension.

Fourthly: Adherence to positive assumptions and cementing of mutual trust between Muslims countries and peoples by directing the mass media to develop the spirit of harmony and propa-gate and promote the ethics and etiquettes of dialogue and tolerance to others’ interpretive judgments.

Fifthly: Turn to advantage the momentous issues that have the potential of uniting the Nation. At the forefront of these issues in our times is the issue of Al-Quds (Jerusalem) and the Al-AqsaMosque[thefirstfocaldirectionoftheregulardailyMuslimprayersandthestageofascensionoftheMessengerofAllah(pbuh)].TheseissuesmustbeturnedtotheadvantageofrepellingthedangersthatthreatentheIslamiccharacteroftheNationandtoemphasizethatthese are the common issues of all Muslims.

The participants in the conference called upon the governments of the Muslim countries to pay increased attention and intensify their efforts regarding the vital issue of Palestine and similar other issues of the Nation and to take initiatives towards suitable measures (for their just reso-lutions), for example:

a) Condemnation of what the occupied Palestine and its people are subjected to in the form of the policies of expulsion, settlements, change of demography, besides what they suffer from the occupation, atrocities, suppression, deprivation, massacres, ostracism, humiliation and violation of basic human rights.

b) Unequivocal support to the just struggle of people of Palestine in their struggle for libera-tion of the Holy Land and the Al-Aqsa Mosque, and standing by them in their steadfast resist-ance.

c) Incrimination of the Zionism and Israeli occupation for their various types of criminal re-pressionandhorrifictransgressionsonthepeopleofPalestinestrugglingfortheirfreedomandliberation of their holy places.

Sixthly:Seriouslyconsider themechanismsofpriority towardsgradualactualizationof Is-

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lamic solidarity, for example:

1. Preparation of educational curriculum based on Islamic principles. 2. Setting up a common media strategy. 3. Setting up a common Islamic market. 4. Setting up an Islamic court of justice.

Seventhly: International Academy of Islamic Jurisprudence shall set up a committee compris-ing of its members and experts to come up with practicable studies taking into consideration the ground reality of the Islamic Nation, covering cultural, social and economic aspects, and to setupmechanismforactualizationofunityintheseareaswhiletakingadvantageoftheexist-ingeffortswithintheframeworkoftheArabandIslamicorganizationsandbenefitingfromtheexpertsinvariousfields.

Toguaranteeseriousnessoftheactivityofthisproposedcommitteeandtoexecutethefindingsof its study, we recommend that the formation of the committee and its mission be approved bytheOrganizationofIslamicConference.42

Likewise,Resolution[No:152(1/17)]whichaffirmedthepreviousresolution,added:“Recog-nition of the schools of jurisprudence, emphasis on dialogue and concurrence between them is what shall guarantee temperance, moderation, toleration, mercy and dialogue with others.”

The resolution called for renunciation of discord between Muslims and urged to unite the ranksandstances,toemphasizeonmutualrespect,reinforcingofsolidaritybetweentheMus-lim peoples and countries, and to strengthen the bonds of brotherhood that unite them on the basis of ‘love for the sake of Allah’. They must not leave any scope for sedition or for interfer-ence of others, as Allah the Almighty says, “The Believers are but a single Brotherhood: So make peace and reconciliation between your two (contending) brothers; and fear God, that ye may receive Mercy.”(Al-Qurān,49:10).

Firmness and Variability (or Evolution in the Opinions of Our Predecessors) and its Impact on Islamic Unity:

ByPredecessors,wemean thescholarsof thefirst threecenturiesof Islamicera43. This is basedontheauthenticHadīthreportedbyAbdullahBinMas’oodasnarratedbyBukhāriandMuslim, “The best of the centuries is my century, then those who succeed them and then those who succeed them.”44 Scholars have explained that this preference is due to the nearness to the fountainheadoftheprophethood,guidance,candor,andpurity(personifiedbytheMessengerof Allah - pbuh). Those predecessors of ours did not represent a particular school nor are they the monopoly of a certain group. Surely they were people of varying scholastic stances and views conforming to the Holy Book and the Tradition of the Messenger of Allah (pbuh).

It was the will of Allah that the Islamic sciences would consummate during these three cen-turies, schools of jurisprudence would be instituted at the hands of great diligent scholars, the

42Al-Majma’Magazine(Issue:11/Vol:3,P:5)43PleaserefertoFathulBāri(7/3-7);andtoMuhammadSa’eedAl-Buti’sbook“As-SalafiyatuMarhalatunZamaniyatunMubarakatun,LāMazhabunIslamiyun”/P:9/DārulFikrDamascus.44NarratedbyBukhāri:(7/3)

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IslamicNationwouldadvanceandthemagnificentIslamicCivilizationwouldbeestablished.During thesefirst three centuries theNation attained a strong structure, itwas the exaltednationof the time,andadvanced in sciences, cultureand thearts.Agreatcivilization thatactualizedwithinashortspanoftimeandbecametheglobalpioneerandleader;infactthepredecessors progressed during those three centuries much more than the successors could in their very long tenure.45 It was then that the theoretical and practical Islamic jurisprudence developedenormously,sothatitwasabletograspallthecivilizationsandideologiesbyre-structuringthemtoconfirmtotheIslamicfundamentals,preceptsandregulations.Itdidnotfall short of coming up with a juristic solution for any given problem or a development what-soever the level of its novelty or complexity. Likewise, the Islamic thought was not only able to steadfastly withstand with its rudiments, but to advance further through reconstruction and by challenging the dissenting ideologies, like atheism and sophistry. It resorted to citation of the authentic source texts and to rational reasoning to reach the levels of certainty and absolute contentment, as it turned the argument against the dissenters and sustained a certain viewpoint.

On the other hand those three centuries were marked with the characteristics of simplicity and ease in issues of jurisprudence. The methodology then was based on jurisprudence of quali-fiedfacilitation,orasputbyourmentorSheikhYusufAl-Qaradāwi,“TheMessengerofAllah(pbuh) was the exemplary ideal for those who facilitate ease in regulations and for being the cheerful harbingers in calling to Allah, (whenever the Messenger of Allah was given a choice, he would go for the easiest option, unless it was a sin).46 The companions of the Messenger (pbuh) and their successors conformed to the same approach. This was especially true about the four Rightly Guided Caliphs. However as the generations kept passing, each generation opted for more and more guarded prudence until we were left with a huge stack of circumspec-tiveJurisprudence(Al-A’hwatiyāt)47.

AccordingtoMuhammadSa’ēdAl-Butithepredecessorsadvancedduringthosethreecentu-ries much more than the successors could in their very long tenure. They strictly adhered to theconstantsanddisagreedincaseofvariables.Thatiswhytheiredicts(fatāwā)variedevenin methodologies, for example some edicts were very close to literal adherence to the constant textsoftheHolyQurānandtheSunnah,whereasotherswereclosertorelianceonrationaljudgmentanddiligentinterpretation(Ijtihād).Moreoverwefindthattheambitofdiligentin-terpretation(Ijtihād)widensinconjunctionwiththenewdevelopmentsandoccurrencesafterlands of Persian and Roman Empires came under Islamic rule along with the frills and mani-festationsoftheircivilizationsandwhatsoeverwasinvolvedintheformofrudimentsoftheireconomy and other systems and traditions.48

It was due to the wide-ranging comprehension of the Companions and their successors of the constants and the variables that the problem of banishing opponents from faith did not have currency with them. When a section of the army of the third caliph Ali Ibn Abi Talib (mAbpwh)revoltedagainsthimandbanishedhimasinfidelforhisagreeingtoappointtwo

45MuhammadSa’eedAl-Buti’sbook“As-SalafiyatuMarhalatunZamaniyatunMubarakatun,LāMazhabunIslamiyun”/P:946NarratedbyBukhāri(FathulBāri):(10/524);andbyMuslim:(4/1813)47Inauguralspeechofthe10thSessionofEuropeanCouncilforIftāandResearch–January24thto27th,200348MuhammadSa’eedAl-Buti’sbook“As-SalafiyatuMarhalatunZamaniyatunMubarakatun,LāMazhabunIslamiyun”/P:32-84

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arbitratorsatthebattleofSiffēn,heorhisassociatesdidnottermthoseKharijites49asinfidels,butsanctionedspecialsetoflawsforfightingthem,whichareknownasregulationsforthemutineers(’AhkāmAl-Bughāt).50 On the other hand a number of sects and factions appeared, forexample:M’utazilites(withtheirmorethan10divisions);Al-Jabriyah(withalltheirdi-visions); Kharijites (with their many divisions); Al-Murjiah (with their many types); Shiites (withtheirmanydivisions).ButthescholarsofIslamdidnotbanishthemasinfidels;theyrather opened the door of opinion to solve the problems; they unbolted the gates of debate, argument and disagreement with refuters and the skeptical, using styles and discourse they were familiar with. Ali Ibn Abi Talib (mAbpwh) said, “Talk to the people with what they know, leave aside what they are ignorant of; do you want that Allah and His Messenger be belied!”51

Correlating Jurisprudence of Constants and Variables with unity of the NationThe relation of the jurisprudence of Constants and Variables with unity of the Islamic groups, schools and parties is evident from the following:

Firstly: That the categorical constants represent common principles, genuine methodology and unanimous legitimacy with all Islamic groups and parties. These tantamount to the com-monreligionandwhosoeverdoesnotrecognizetheseconstantsisanoutcastfromIslamandarenegadeinaberration.Wearenotindialoguewiththosewhomthesedefinitiveconstantsdonotunitewith theNation.Wearedialoguingwith thosewhoadhere to thesedefinitiveconstantsofIslambutwhodifferinthedetailsandmeansetc.AccordingtoImāmIbnTay-miah, “The fundamentals authenticated with the Holy Qurān, the Sunnah and the Unanimity, tantamount to the common religion that can not be violated and whosoever enters into their domain belongs to the genuine Islam; the diversity of their legitimate deeds and words is just like how the prophets were diverse. Diversity at times may be found in obligations and at times in desirables. The schools, approaches and strategies of the scholars, chieftains and the rulers are acceptable as long as they are meant to seek the pleasure of Allah and to rise above their whims and fancies in order to cling to the Nation and to the unifying religion; as long as they – after diligent interpretation according to their capability – follow what has been revealed in the Holy Qurān and prescribed in the Sunnah, it is in some ways like the Shariah and courses of the prophets (sent by Allah to various peoples). This way they shall be rewarded (by Allah for the genuineness of their intent).”52

In light of the above, the Islamic Nation should unite on the basis of its categorical constants, cooperate within itself to get to know each other and bind together. Being the common unani-mousbasisrecognizedbyall,thesecanbethelaunchingpadandthesolidrockbasetobuildthe relations. If Western Europe could unite on the basis of the common market and common economic interests and took all the required steps in that direction, are all the common con-stants along with many common interests not enough for the Islamic Nation to unite within andconsolidateitself?

Secondly: Through the ‘Jurisprudence of Constants and Variables’ every group should rec-ognizetheotherandeachfactionshouldacknowledgetheotheraslongastheconstantsarecommon and as long as the variables are acceptable and legitimate, rather required. Thus it is quite natural that they should excuse one another or attempts must be made through dialogue and positive debate to reach the circumspective and the best. The biggest quandary between Muslimsbeingthattheydonotrecognizeeachother,ifawarenessaboutthe‘JurisprudenceofConstantsandVariables’ispropagatedandpeoplebecomeawareofit,theywillrecognize

49Al-MilalWa-AnNahalbySharistāni(Died548Hijri)–PublishedbyMustafaAl-Halabi,Cairo–1/114;Al-KāmilbyAl-Mubarrid,PublishedAl-Halabi–3/919;Al-KhawarijWa-AlHaqeeqatuAl-Ghāibah–Amman–P:139-188;andAl-TakfeerbyDr.Nu’mānAs-Sāmarāei– Published by Al-Manar – P: 27 Islamiyun”/ P: 25. 50PleaserefertoAl-BughātFiKutubAl-MazāhibAl-Fiqhiyah;andDefinitionofAl-BughātinAl-MawsooahAl-FiqhiyaAl-Kuwaitiyah51MuhammadSa’eedAl-Buti’sbook“As-SalafiyatuMarhalatunZamaniyatunMubarakatun,LāMazhabun52Majmu’ulFatāwa:(19/1117-118/126-128).

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each other. Among the obstacles is the nonexistence of direct mutual exchange of knowledge about the opinions of the schools; each side superimposes an exaggerated or imperfect or inac-curate image on the other side; for example a single deviant opinion of a particular person may besuperimposedonthewholeschoolofhisaffiliationetc.

Thirdly: Through the ‘Jurisprudence of Constants and Variables’ it can be appreciated that the heavy luggage of differences is acceptable to the Shariah as long as it is within the domain of variables.

Finally the knowledge of constants common between the Islamic groups and factions shall bring them closer and lead to constructive cooperation and renunciation of enmity and ten-sions.

SheikhYusufAl-Qaradāwihaselaboratedtheimportanceofcooperationonmattersofuna-nimity and the need for focusing research on them, delivering lessons on them and conducting dialogues regarding them. He says, “I do not desist from discussing the issues of difference in an academic and comparative way, but what I hate is that our discussion on issues of differ-ence becomes our greatest concern and culmination of our knowledge or that we exaggerate them to the extent that they consume our times, efforts and energies and if it is at the cost of being involved in the basic issues.”

Among the examples Professor Qaradhawi has mentioned is that someone compiled a study titled “Descending on Knees to Prostration - Forbiddance by the Holy Companions.” The matter is related to postures in regular daily prayers. Another such study is titled “Retreat in Sitting Posture (of Prayers).”

The drawback of the Nation lies in squandering the rudiments that are unanimously agreed uponbyallschoolofjurisprudenceandthought,paralyzingcompliancewiththeShariah,col-lapse of the moral system, congealing the intellect and disregarding the rights. The problem is not the problem of interpreting the verses related to the attributes of Allah, in that regard the approach of our predecessors is profound and unimpaired; the problem lies in those who are absolutely denying the Exalted being of Allah along with His attributes, like those who suffer from inferiority complex towards Western thought or Eastern philosophy. Problems do not lie with those who try to construe the verses related to the state of mounting to the Throne of divine authority; the problem is in those who disbelieve in the divine throne and the Lord of the throne altogether.

Hence it is an obligation upon the conscious propagators of Islam to apprise people of the scope and prospects of solidarity before anything else. This solidarity is an obligation of Sha-riah obligated by the religion of Islam; it is a real need necessitated by the ground reality of the Nation.

Certainly what we Muslims agree upon can not be underestimated nor is it scanty. It calls for relentless efforts, unwearied struggle, sustained determination, brilliant brains, strong resolu-tions,proudspiritsandconstructiveendurances.Itiscontemptibleforanygroupsororganiza-tionsaffiliatingthemselvestoIslamtofightbetweenthemselvesovertrivialitieswhileleavingthose vast frontiers unmanned without phalanxes of earnest believers.53

Indeed the constants of this religion which are common between all Islamic groups and schools are numerous and cover the areas of fundamentals of belief, values and morals, principles of dealingsandramifications,polityaswellaschallengesfacedbytheNation–likethechal-lengeofatheism,infidelityandsecularism,challengeofculturalandintellectualaggression,challengeofWesternizationandobliterationofidentity,challengeofinternationalarrogance,challenge of new crusades, challenge of Zionistic aggression against Muslims and occupation of Palestine and its pearl – Jerusalem – , challenge of the pagan Hindu aggression against

53As-SahwatuAl-IslamiyahBynaAl-IkhtilāfAl-Mashroo’waAt-TafarruqAl-Mazmoom:P:145-157

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Kashmir, and challenge of radical Christianity and atheism in Chechnya and Philippines. How much we are in need of solidarity, cooperation, camaraderie, mutually exchanging roles,

accepting each other, uniting on the basis of common constants and political positions, and non-provocation of dissension, especially in our times when enemies madly rush upon us and calluponeachothertochargeuponusjustasapredatorchargesuponacarcass!

Are we going to comprehend the lesson, to feel the seriousness of the situation, to shun greed andselfishness,andtoleaveasidethepettypartisanshipstoembracethevastdomainofIslam?Are we to adopt the approach of our righteous predecessors of facilitating ease in regulations, of being cheerful harbingers in calling to Allah, of being patient with our contestants within, of calling to Allah with wisdom and beautiful manner of preaching and of arguing in ways that arebestandmostgracious?

This is what we wish; our prayers are to Allah to unite this Nation on what would restore its honor and dignity and lead it to progress and prosperity.

Rallying Around Islam instead of Partisanships and Factionalism: After having remained scattered in the form of parties, groups, factions and sects, the Islamic

Nation cannot rally around anything other than Islam alone without any reservations – noth-inglessandnothingmore–i.e.aroundIslamoftheHolyQurān,theauthentictraditionofthe Messenger of Allah (pbuh) and genuine unanimity, far from partisanships, factionalism, sectarianism and denominationalism. It being very hard to remove these differences, the only cure is to rally around the banner of all-inclusive Islam and accept one another along with respective interpretations; we need to cooperate in what is unanimous with the whole Nation, tolerate one another, excuse one another in what we differ in. In this cause, Islamic groups and parties have to be only the means of serving the Nation as programs to empower it and as methods for its development and growth.

1.4 The project of Power and MercyIn the contemporary world, states and people are governed through strategic plans and structured reasoning. It is imperative upon the Nation to rally around a strategic plan that has clear milestones and procedures. This should be formulated by its scholars and rulers based on clear evidences and convictions while providing for strong refutation of the adversary projects. The most important of pointers and milestone of such a strategic plan are supposed to be: 1) Balancing between power and mercy, between rights and duties, between individual, so-

ciety and state, and between war and peace; balance in everything; justice and moderation in everything.

2) Preparation and nurturing of the Nation to become the nation of power and a model of val-ues, mercy and benevolence for the whole world; foster it to become competent for bearing the trust, not to be ignorant and tyrannical, but to be erudite and just.

3) Providing conducive environment for creativity through reform of the political and educa-tional systems.

4)Bequeathing of knowledge, civilization, innovation, power and righteousness from onegeneration to the next generation so that the bequest keeps passing on with added value, Al-lah says, “Then We have given the Book for inheritance to such of Our Servants as We have chosen.”(Al-Qurān,35:32).

This is how, Allah willing, we can anticipate a generation of bearers of keys of power, virtue and mercy, just as history witnessed the appearance of the generation of Saladin. His genera-tionappearedinconsequenceoftheeffortsinitiatedsincethetimeofAl-Ghazali,Al-JēlaniandthenNooruddinAz-Zanki.ThepioneeringgenerationhadlaidthefoundationsofaprojectpurelyforrehabilitationandrevivaloftheNation–forrevivalofitssciencesandcivilizationbased on the belief, principles and genuine Islamic doctrines, and substantiated with elabora-

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tion of inconsistencies of the intellectual structures of all contrary and adversary projects. This is how Europe advanced through bequeathal of knowledge to the succeeding genera-

tions.Thefirstgenerationofpioneerspreparedtheenvironmentconduciveforinnovationbyreforming the political and educational system. This resulted in what is evident in emergence ofvalueslike:sanctificationofwork,respectoftimeandpersonalcreativity.

The coming generations inherited all these values and did the value addition of transforming creativity of individuals to innovation of establishments. This process continued until we see a generation adopting plans and strategies with a focus on the best possible scenarios in industry, agriculture and commerce as well as in politics and economy.

TheHolyQurānhintstothisintheveryfirstrevelation(iqra)emphasizingthattheNation,foritsrenaissanceandforwelfareinthisworldandblissinthehereafter,needstorealizetheimportance of reading and knowledge and of reform in the educational and political systems. InfacttheconcludingversesofChapterAl-Anbiyāexplainstheprerequisitesofrenaissanceand empowerment saying, “Before this We wrote in the Psalms, after the Message (given to Moses): My servants the righteous, shall inherit the earth.” Verily in this (Qur’an) is a Mes-sage “for people who would (truly) worship God. We sent thee not, but as a Mercy for all creatures.” (Al-Qurān,21:105-107).TheseHolyversesindicatethefollowingfacts:

1) Empowerment on earth takes place through bequeathal. Perhaps this becomes evident from the mention of previous prophets, in these verses, concluded by the mention of the concluding Messenger(Muhammad-pbuh).Isn’tthatbequeathaltohim?InanotherverseoftheChapterFātir,Allahsays,“Then We have given the Book for inheritance to such of Our Servants as We have chosen: but there are among them some who wrong their own souls; some who follow a middle course; and some who are, by God’s leave, foremost in good deeds; that is the highest Grace.”(Al-Qurān,35:32).HencetheconcludingMessengerofAllah(Muhammad-pbuh)inherited the entire bequest of all the previous prophets, starting with knowledge of Adam to patience and argument of Noah to determination of Moses to clemency of Jesus to comprehen-sion of David and Solomon, encompassing as well the solutions entrusted by Allah with all the earlier prophets – like solutions to religious, political, moral and economic problems. Thus he deserved to inherit the whole globe.

2) ThesecondprerequisiteforempowermentisactualizationofservitudetoAllahtheAlmightyapparent in obedience to Him in all aspects of religious and worldly life. In fact this is the ba-sic condition for achievement of absolute justice and adherence to values, morals and decent conduct.

3) The third prerequisite is complete preparedness for bearing the trust and capability for its ef-fectuation. The trust is implied in appointment as vicegerent for development of the earth in lightofthedivineguidance–byadheringtothedivinerubricsoftriumph,powerandciviliza-tion.

4) Thefourthprerequisiteisactualizationofmercyforthewholeexistence.ThisNationisthena-tion of call to virtue. It is the nation of mercy. It is the nation of life. Allah says, “To the right-eous (when) it is said, ‘What is it that your Lord has revealed?’ they say, ‘All that is good’.” (Al-Qurān, 16:30). “O ye who believe! give your response to God and His Apostle, when He calleth you to that which will give you life; and know that God cometh in between a man and his heart, and that it is He to Whom ye shall (all) be gathered.”(Al-Qurān,8:24).Nodoubtthat Allah established this Nation, after the rubric of servitude to Him, on the basis of serving thepeopleandextendinggoodnesstothem.ThisiswhatqualifieditforthevirtueofbeingthebestoftheNationsevolvedforthebenefitofhumanity,“Ye are the best of peoples, evolved for mankind.”(Al-Qurān,3:110)

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Pivot IIIntellectual and Doctrinal Basis for the Acceptance of

the Other

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Intellectual and Doctrinal Basis for the Acceptance of the Other

2.1 Natural agreement and partnership between (Me the Muslim) and (Other the non-Muslim)2.2 Natural dissimilarities and differences between Me and the Other2.3 Intellectual, religious and doctrinal differences2.4 Recognition of the human dignity and human rights in Islam2.5 Recognition of unanimity of the heavenly religions and their single revealer 2.6 Respect of the human being whether alive or dead2.7 Peace, not war, is the default choice of Islam2.8 Preference of peace over war despite grievances2.9 The Principle of Justice and equity for all2.10 Recognition of differences and diversity2.11 Dialogue as the default choice for resolving disputes and dealing with others2.12 Islam’s lauding of the heavenly religions, their books and the prophets 2.13PrecisionoftheQurānaboutdesistancefromsweepinggeneralizations2.14 Extending the scope of partnership between Muslims (Us) and non-Muslims (the Other) to include even atheists2.15Jihādforfreedomofreligion2.16CombatisthelaststageofJihād(strivinginAllah’scause)2.17Thepurposeofdiversityisacquaintance,notconflict

Islamhasdefinedanumberofintellectual,theoretical,logicalandreligiousbasisforpartnershipand agreement between (me the Muslim) and (the other the non-Muslim) and substantiated them in a superb pioneering manner. These are considered to be of paramount importance for acceptance of the other. It has also provided with the methodology for dealing with various natural and religious dissimilaritiesanddifferences,whichweshallmentionbelowbriefly:

2.1 Natural Agreement Between Myself and the OtherA. Allah the Almighty created all humans from the single source of dust. He says, “O

mankind! if ye have a doubt about the Resurrection, (consider) that We created you out of dust…”(Al-Qurān,22:5).Versesthatunderlinethisreality,aremany.Thenextstages of the common source of creation were: sticky clay, then mud moulded into shape and then the sounding clay. Allah says, “Them have We created out of a sticky clay!” (Al-Quaran, 37:11). “We created man from sounding clay, from mud moulded into shape…” (Al-Quaran, 15:26). “He created man from sounding clay like unto pot-tery,” (Al-Quaran, 55:14). These stages of the human creation - from dust to sticky claytomudmouldedintoshapetosoundingclayandfinallythestageofbreathingfrom the divine spirit – are common for all humans without exception.

B. Me (the Muslim) and the Other (the non-Muslim), all of us were created by Allah from water – whether as original source (water) or as direct source of creation (spermatic fluid)and(dropofmingledsperm).Allahsays,“And God has created every animal from water.” (Al-Quaran, 24:45). “It is He Who has created man from water: then has He established relationships of lineage and marriage.” (Al-Quaran, 25:54). “Now let man but think from what he is created! He is created from a drop emitted-.” (Al-Quaran, 86:5-6). “And made his progeny from a quintessence of the nature of a fluid despised.” (Al-Quaran, 32:8).

C. Me (the Muslim) and the Other (the non-Muslim), into all of us Allah has breathed from His spirit and thus he blessed all of us with this honor, distinguished us with

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intellect and will; He chose us for superior virtues and bestowed upon us the capabili-ties with which we can develop the universe. Allah says, “He Who has made every-thing which He has created most good: He began the creation of man with (nothing more than) clay, And made his progeny from a quintessence of the nature of a fluid despised: But He fashioned him in due proportion, and breathed into him something of His spirit. And He gave you (the faculties of) hearing and sight and feeling (and understanding): little thanks do ye give!”(Al-Quaran, 32:7-9). From here originates the dignity for everyone having a soul and therefore it is illicit to commit aggression on any being with a soul. One with a soul must be respected and his rights secured, except if he commits aggression, whereupon penalty is in kind and with same degree without any excess.

D. Me (the Muslim) and the Other (the non-Muslim), all of us were created by Allah from AdamandEve.Ourfatherisone;ourmotherisone.ManyversesoftheHolyQurānconfirmthisfactasdothesayingsoftheMessengerofAllah(pbuh),like,“All people are children of Adam; Allah created Adam from dust.”54

E. The belief of Muslims is based on the fact that the creator and the cherisher of whole mankind is one and only one. This belief is shared by all the heavenly religions and thebelievers inAllah theAlmighty.Besides theHolyQurān, thishasbeenclearlyemphasizedbytheHadīth.

F. Every perfect and mature human being is similar to others in structure and body in general; normally everyone is similar to others in basic congenital constituents, in the systems of intellect and psychology, in the origin of emotions and passions and in feel-ings and sentiments. No human being was created from stone nor were others created from iron or gold; all humans belong to the same constant common source of their creation. Whatsoever and howsoever some racialists might have tried to prove their being the chosen people because of their race and blood, it has been futile; science, civilizationandhistorywerenotontheirside.Assuchtheyhavefailedincomingupwith a single sound evidence for their claims.

Repercussions and advantages of these commonalities (and objectives of the Shariah therein):Sincethesecommonalitieshavebeenmentioned,substantiatedandemphasizedbytheHolyQurānthroughanumberofverses,theQurānicdiscourseinthisregardhasadeepimpactonMuslimpsy-chology.Theyreadtheseverses,recitethemintheirregulardailyprayersandfinddevotioninutter-ing and implementing them as being part of the Holy book revealed by Allah. Hence it is quite innate intheirpsychologytofeelclosetoothers,aspsychologyconfirmsthatthemoretwohumanbeingsbecome conscious of the common attributes between them, the higher is the degree of closeness, homogeneity and familiarity.

Hence none of these verses was revealed without any intended devout purpose. Certainly among their objectives must be acceptance of others as fellow human beings, and every human being is a depository of the divine spirit, which was breathed into it at the time of creation. Thus human beings are siblings in humanity besides any other relations of kin or descent. This is implied in the verses that speak of messengers and prophets sent to their respective peoples who generally rejected them. The Holy Quarn says, “To the ‘Ad people, (We sent) Hud, one of their (own) brethren: He said: O my people! worship God! ye have no other god but Him will ye not fear (God)?” (Al-Quaran, 7:65). “To the Thamud people (We sent) Salih, one of their own brethren: He said: “O my people! worship God: ye have no other god but Him.” (Al-Quaran, 7:73). “To the Madyan people We sent Shu’aib,

54NarratedbyAbu-Dawood,TirmiziandAhmad.See‘SunanAt-Tirmizi’:(9/155);Ahmad:(2/261,534)

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one of their own brethren: he said: “O my people! worship God; Ye have no other god but Him.” (Al-Quaran, 7:85).

Inotherwords,brotherhoodinIslamisnotconfinedtoIslamicbrotherhoodalone,althoughthelattertakesprecedencewhenitconflictswithotherbrotherhoods.

2.2 Natural Difference Between Myself and the OtherAlthough all human are sons and daughters of Adam and Eve, there are several substantial dissimi-larities, for example: A. I (personally) am different from others in my personality and personal characteristics. This

hasbeen establishedbymodern science in the formof thegeneticfingerprint,whichmeanthat every human being has a unique genetic code of his own and that no one else shares his code.TheConferenceonGeneticsandGeneticEngineeringheldatKuwait in1998definedthegeneticfingerprintas:“the unique genetic or hereditary structure that spots the identity of every individual.”55 Academy of Islamic Jurisprudence at the Islamic World League, in its 15th session,confirmedthisdefinitionandaddedthatresearchandstudiessuggestthatfromthesci-entificaspect,geneticfingerprintisanaccuratetoolthatsimplifiesthejobofforensicmedicineand investigating the personality and unique genetic characteristics of an individual. Discovery ofgeneticfingerprinthascategoricallyproven thateveryhumanbeinghasauniquegeneticpersonality which is shared by no one else from amongst the billions of humans.

B. Although every person has many commonalities with the members of his family, tribe and nation,56 yet he is different in the following aspects:

The congenital aspect: All of us are different in structure, shape, look, color, speech and mate-rial capabilities.

Incorporeal aspect: Every one of us is different in mental and intellectual capabilities as well as in feelings, sensitivities and sentiments etc.

By mentioning these natural dissimilarities and differences in context of the objectives of Shariah, I intend to pave the way for psychological and religious acceptance of the divergence and to treat it as normalbesidesconsideringutilizingthedifferencesforsocialintegration,diversityandallotmentofroles.

2.3 Intellectual, religious and doctrinal differencesAccording to the divine law, people (me and the other) are different in their religions, thoughts, ideologies and perceptions. There are hundreds, rather thousands of ideologies, religions, dogmas, schools of thought and other divergences in different aspects of life.

This diversity is out of the divine will and based on His operative laws. He made the people different in eternal adjudication. He says, “And among His Signs is the creation of the heavens and the earth, and the variations in your languages and your colours: verily in that are Signs for those who know.” (Al-Quaran, 30:22).

In the context of diversity of religions, sects and ideologies, Allah the Almighty says, “Mankind was one single nation, and God sent Messengers with glad tidings and warnings; and with them He sent

55ConferenceonGeneticsandGeneticEngineering–OrganizedbyIslamicOrganizationforMedicalSciences–Kuwait–October15,199856 Dr. Ali Mohiuddin Al-Qaradaghi – Genetic Fingerprint and its Legal Implications – A research paper submitted to the 15 session of the Academy of Islamic Jurisprudence of the Islamic World League, Mecca.

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the Book in truth, to judge between people in matters wherein they differed; but the People of the Book, after the clear Signs came to them, did not differ among themselves, except through selfish con-tumacy. God by His Grace Guided the believers to the Truth, concerning that wherein they differed. For God guided whom He will to a path that is straight.”(Al-Quaran, 2:213). Further more, Allah explains that His laws ordain the existence of this divergence: “If thy Lord had so willed, He could have made mankind one people: but they will not cease to dispute. Except those on whom thy Lord hath bestowed His Mercy: and for this did He create them: and the Word of thy Lord shall be fulfilled: “I will fill Hell with jinns and men all together.” (Al-Quaran, 11:118-119).

This assertion is repeated in Chapters 16, 42 and 5 as follows: “If God so willed, He could make you all one people: But He leaves straying whom He pleases, and He guides whom He pleases: but ye shall certainly be called to account for all your actions.” (Al-Quaran, 16:93). “If God had so willed, He could have made them a single people; but He admits whom He will to His Mercy; and the Wrong-doers will have no protector nor helper.” (Al-Quaran, 42:8). “To each among you have we prescribed a law and an open way. If Allah had so willed, He would have made you a single people, but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues.” (Al-Quaran, 5:48).

These verses clearly indicate the makeup of human affairs and they imply acceptance of this diver-gence along with efforts to narrow it. From situation to situation the levels of these differences may decrease or increase, slacken or intensify between ‘me’ and ‘the other’.

A. As a matter of fact, in relation to a person who does not believe in any religion at all, the dis-tance between me and him is much bigger than the distance between me and anyone other than him. However we share the same above mentioned attributes besides both of us seeking the truth.

B. In relation to a person who generally believes in God, the distance between me and him is less than the distance between me and an atheist, however it is longer than the distance between me and People of the Book.

C. In relation to the People of the Book, the differences are less than with the above mentioned last category and bigger than with the following category. Even with regard to the People of the Book, my differences with Christians are less than those with Jews.

D. So far as the relation between me (the Muslim) and hostile non-Muslim, it will be governed by the nature of aggression but the Islamic principles and morals that control war in Islam, shall prevail. However, with regard to non-Muslims (under protection of the Islamic state or cov-enants), they enjoy full rights in light of the relevant magnanimous Islamic ideals.

Similarly the nature of my relation (as a Muslim) living in a non-Muslim state with which I haveacovenantandwhichfulfillsitsobligationstowardsme,isdifferentfromwithothers.Myrelation with that state is bigger than the above relations. Likewise, with peacefully coexisting non-Muslims,myrelationwillbetherelationofcallingthemtotheIslam,ofvirtue,ofbenefi-cence and of guarding the covenants and agreements.

E. So far as Muslims, with their different schools and factions, are concerned, I am considered to be one of them. However, I am not a ‘true copy’ of anyone of them. Between us is a space, although small, depending upon the elements of the agreement or disagreement within the Is-lamic schools of jurisprudence and factions.

Objectives of the Shariah in mentioning these differences:It appears to me that among the objectives of the Shariah in mentioning these religious and doctrinal dissimilarities between a Muslim and an ‘other’ are the following:

A. Knowledge of these realities in order to accept them and deal with them correctly.

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B. That on each of the above situations a relevant criterion should be used. For example the crite-rionofrelationofaMuslimwithanatheisticinfideldiffersfromthecriterionofdealingwithPeople of the Book. Likewise the criterion of war is different from the criterion of peace, just as criterion of the minority is different from the criterion of the majority.

C. That difference is one of the divine laws and it is comprehensible keeping in view human nature. As Allah has bestowed upon the humans with intellect, free will and choice, it is quite natural that a human being differs from another in his thinking, belief and perceptions.

2.4 Recognition of Dignity and Rights of a Human BeingIslamrecognizeshumandignityconsideringthatheisahumanbeingirrespectiveofhis ideologyand belief. Allah the Almighty says, “We have honoured the sons of Adam.” (Al-Quaran, 17:70). Allah has appointed the human being His vicegerent on the earth and provided him with free will andchoice.Allahsaidtotheangels,“Iwillcreateavicegerentonearth.”(Al-Qurān,2:30).Whenthe angels intervened and asked for the rationale of creating the human being on earth, He proved to them that Adam was more knowledgeable than them in the domain of his being vicegerent on earth and developing it.Allah honored the human being with freedom of choice to believe. Allah says, “Let there be no compulsion in religion.”(Al-Qurān,2:256).HeliberatedhimfromservitudeofanyoneotherthanHis own self and prompted him to let the slaves free. He forbade inhuman acts, like mutilation of the dead, torture and terrorism. He accorded high stature to sanctities, privacies, rights and possessions of the human being. He put all humans on equal footing and linked superiority to nothing but righteous-ness.HesaysintheHolyQurān,“O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you.”(Al-Qurān,49:13).Hetreatedresponsibilityasonesownpersonalobligation,“That man can have nothing but what he strives for.”(Al-Qurān,53:39).And“no bearer of burdens can bear the burden of another.”(Al-Qurān,6:164).

2.5 Recognition of unanimity of the heavenly religions and their single revealerIslam traces back all the heavenly religions to the single source of divine revelation; it ascribes all divine laws to a single source of light. This is the reason that Islam calls upon its followers to believe in all previous prophets and messengers and previously revealed heavenly books. Allah says, “The Apostle believeth in what hath been revealed to him from his Lord, as do the men of faith. Each one (of them) believeth in God, His angels, His books, and His apostles. “We make no distinction (they say) between one and another of His apostles.” And they say: “We hear, and we obey: (We seek) Thy forgiveness, our Lord, and to Thee is the end of all journeys.”(Al-Qurān,2:285).And“Say ye: ‘We believe in God, and the revelation given to us, and to Abraham, Isma’il, Isaac, Jacob, and the Tribes, and that given to Moses and Jesus, and that given to (all) prophets from their Lord: We make no dif-ference between one and another of them: And we bow to God (in Islam)’.” (Al-Qurān,2:136).

Allah says that He prescribed for the Islamic Nation the same basic laws which He had prescribed for other Prophets, “The same religion has He established for you as that which He enjoined on Noah - the which We have sent by inspiration to thee - and that which We enjoined on Abraham, Moses, and Jesus: Namely, that ye should remain steadfast in religion, and make no divisions therein.” (Al-Qurān,42:13).

Allah condemns those who make factions in their religion, “As for those who divide their religion and break up into sects, thou hast no part in them in the least: their affair is with God: He will in the end tell them the truth of all that they did.” (Al-Qurān,6:159).InfacttheHolyQurāncallsuponitsfol-

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lowers to follow the laws of the prophets, “Those were the (prophets) who received God’s guidance: [follow] the guidance they received.”(Al-Qurān,6:90).

FurthermoretheHolyQurānascribedthenameof‘Islam’toallheavenlyreligions;thisnamewasasenunciated by most of the prophets. For example, in case of Abraham, it says, “Behold! his Lord said to him: ‘Bow (thy will to Me):’ He said: ‘I bow (my will) to the Lord and Cherisher of the Universe’.” (Al-Qurān,2:131).IncaseofJacob,itsays,“Were ye witnesses when death appeared before Jacob? Behold, he said to his sons: ‘What will ye worship after me?’ They said: ‘We shall worship Thy God and the God of thy fathers, of Abraham, Isma’il and Isaac,- the one (True) God: To Him we bow (in Islam)’.”(Al-Qurān,2:133).Yetanotherversereads, “The Religion before God is Islam (submission to His Will): Nor did the People of the Book dissent therefrom except through envy of each other, after knowledge had come to them.”(Al-Qurān,3:19). We can sum up the above as follows:1. Islamrecognizesthetrueheavenlyreligions, includingallmessengersandprophetswhether

mentionedintheQurānornotmentioned.BydoingsoIslamhasgivenawidelatitudetopeopleof those faiths to live (in peace) in the shade of Islam.

2. Islam prescribes toleration in dealing with non-Muslims without compulsion or aggression. Al-lah says, “Let there be no compulsion in religion.”(Al-Qurān,2:256).And“Thereforedothougiveadmonition,forthouartonetoadmonish.”(Al-Qurān,88:21).

DefiningthemissionofHisMessenger,Allahsays, “The Messenger’s duty is but to proclaim (the message).”(Al-Qurān,5:99).And“Nowthen,forthat(reason),call(themtotheFaith),and stand steadfast as thou art commanded, nor follow thou their vain desires; but say: “I be-lieve in the Book which God has sent down; and I am commanded to judge justly between you. God is our Lord and your Lord: for us (is the responsibility for) our deeds, and for you for your deeds. There is no contention between us and you. God will bring us together, and to Him is (our) Final Goal.”(Al-Qurān,42:15).(TotheadamantrejectersofIslam)theMessengerofAllah was told to say, “To you be your Way, and to me mine.”(Al-Qurān,109:6).Thishasbeenfurtheremphasizedinversesthatwererevealedin(theperiodoftheIslamicstateof)Medina,“And say to the People of the Book and to those who are unlearned: “Do ye (also) submit your-selves?” If they do, they are in right guidance, but if they turn back, Thy duty is to convey the Message;andinGod’ssightare(all)Hisservants.”(Al-Qurān,2:20).

On the practical side, the Covenant of Medina was like constitution of the state of Medina to govern the heterogeneous people who followed Islam, polytheism and Judaism as religions; they did not belong to a single race either but a mix of Qahtanis, Adnanis and Jews. The treaty treated all of them equally in their general rights and duties, like good neighborliness and col-laborationandwhatisknowninmoderntimesastherightsofcitizenship.

Thestatekeptguardingfullytherightsofit’snon-Muslimcitizens(thoseunderprotectionoftheIs-lamic state and covenants). They had their special status and some positions of authority in ministries too57.AccordingtoDr.WillDurant,thecitizensunderprotectionoftheIslamicstateenjoyedahighlevel of toleration that is unprecedented in the Christian lands even in these days. They were free to practicetheirritualsandorganizedmassesintheirchurchesandplacesofworship58.

2.6 Respect of the human being whether alive or deadSayings of the Messenger of Allah (pbuh) establish the principle of respecting a human being for

57Dr.Abu-Hilalah–Ta’amulAl-MuslimēnMa’aGhairihim–DarAdh-Dhiyā2002-Page:5558WillDurant-TheStoryofCivilization-Vol:13,P:131.

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being a human being. This is equally true regarding the dead whosoever it be, even a non-Muslim. Al-Bukhari and Muslim have narrated through Abdur-Rahman Bin Abi-Laila: “Sahal Bin Hanēf and Qais Bin Sa’ad were sitting at Qadisiyyah when a funeral procession passed by them. Upon this they stood up. When they were asked (why they stood up whereas) the funeral was (only) of a protected (non-Muslim) belonging to the worldly people, they replied that (in a similar situation) when a fu-neral procession passed by the Messenger of Allah (pbuh), he stood up and when he was asked (why he stood up whereas) it was the funeral of a Jew, he replied: Wasn’t he a human being!”59

Further to this, it is not allowed to compel anyone to embrace Islam even if it was the case of ones own child. At-Tabari and As-Suyuti have reported through Ibn ’Abbas: “An Medinite named Abu-AlHassēn had two sons. Before migration of the Messenger of Allah (pbuh) to Medina, they had turned to Christianity and traveled to Syria (Levant). When the two returned to Medina, he (the father) stayed constantly with them and insisted upon them to embrace Islam. The sons refused. He then approached the Messenger of Allah (pbuh) to oblige them to embrace Islam with the plea ‘O the Messenger of Allah (pbuh), how can I see my sons go to hell fire?’ Upon this Allah revealed ‘Let there be no compulsion in religion’ (Al-Qurān, 2:256) and he let them go.”60

2.7 Peace, not war, is the default choice of IslamIn Islam war is not to be resorted to except when absolutely indispensable. In principle, it is not a favorite choice; it is rather a loathsome option in the hearts of the faithful. Allah says, “Fighting is prescribed for you, and ye dislike it.” (Al-Qurān,2:216).Thisisfurthersubstantiatedbytheverse:“It may be that God will grant love (and friendship) between you and those whom ye (now) hold as enemies. For God has power (over all things); And God is Oft-Forgiving, Most Merciful...” (Al-Qurān,60:7).

Allah reminds the faithful of His favor of making a likely war avoidable, “And it is He Who has re-strained their hands from you and your hands from them in the midst of Makka, after that He gave you the victory over them. And God sees well all that ye do.”(Al-Qurān,48:24).AtanotherplaceAl-lah says, “And God turned back the Unbelievers for (all) their fury: no advantage did they gain; and enough is God for the believers in their fight. And God is full of Strength, able to enforce His Will.” (Al-Qurān,33:25).

These verses clearly indicate that Islam is the religion of peace and belief. It is a system that aims at covering the whole world with bliss of it blessed shade. It wants to establish its system and to bring together the humankind under the divine banner, as brethren cordial and concordant. Being a divine wish,ithadtoactualize;anditdidactualizeinreality.WhenQuraishandothersurroundingtribesembraced Islam, all stood under a single banner and the historic feuds of tribal revenge and vainglory were buried for good.

2.8 Preference of peace over war despite grievancesAllah the Exalted has termed peaceful settlement as a blessing, “and amicable settlement is best.” (Al-Qurān,4:128).And“And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.”(Al-Qurān,2:224)

It is quite obvious that the above verses do not speak about the faithful alone. Settlement and peace-

59NarratedbyBukhāri-HadīthNo:1250;andbyMuslim–No:96160TafsirAt-Tabari–EditedbyAhmadShākir–Vol:3-P:20-22–DārulKutubAl-‘Ilmiyah–Beirut2004.

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making is desired for all and it is virtuous and more advantageous. Allah says, “In most of their secret talks there is no good: But if one exhorts to a deed of charity or justice or conciliation between men, (Secrecy is permissible): To him who does this, seeking the good pleasure of God, We shall soon give a reward of the highest (value).”(Al-Qurān,4:114).

Islam elucidated the danger of depravity on the earth and of not striving for reform and righteous-ness. It treats them as major proscribed sins that lead to the doom of destruction. Allah says, “When he turns his back, His aim everywhere is to spread mischief through the earth and destroy crops and cattle. But God loveth not mischief.”(Al-Qurān,2:205).And,“Who make mischief in the land, and mend not (their ways).”(Al-Qurān,26:152).Reformhasbeenthemissionoftheprophetsandthemessengers. Prophet Shu’aib (pbuh) tells his people, “I wish not, in opposition to you, to do that which I forbid you to do. I only desire (your) betterment to the best of my power; and my success (in my task) can only come from God. In Him I trust, and unto Him I look.” (Al-Qurān,11:88).Successis an ally of those who seek reform. Allah says, “if they wish for peace, God will cause their recon-ciliation: For God hath full knowledge, and is acquainted with all things.”(Al-Qurān,5:35).Allahhas linked destruction with corruption and salvation with reform. He says, “Nor would thy Lord be the One to destroy communities for a single wrong-doing, if its members were likely to mend.” (Al-Qurān,11:117).

In Islam, reconciliation and reform are not mere slogans. These were rather passionately applied by theMessengerofAllah(pbuh)inhisownlifefirstofall.Whenhealongwithalargecontingentofhis companions, traveled from Medina to Mecca for performing the pilgrimage of Umrah, although all obvious indications and inferences were that their basic aim was nothing but to perform Umrah, yet the ruling tribe Mecca (Quraish) prevented him from entering Mecca. They were wearing the at-tireofthepilgrimsandhasbroughtwiththemtheanimalsforsacrifice.UponreachingHudaibiyah(aplaceontheoutskirtsofMecca)theshecamelQuswākneeleddown(andtheycampedthere).TheMessenger of Allah (pbuh) said, “By Allah, in whose hands lies my soul, whatever plan they ask me for with the intention of glorifying the sanctities of Allah, I shall provide it to them.”61 When he tried to enter Mecca, Quraish prevented him. One after the other, he sent his envoys to explain his motive andstance;hesentKharāshBinUmayyahAl-Khuza’ei,butQuraishsoughttoassassinatehimhadthe(influentialgroupofMeccan)Ahābēshnotrestrainedthemfromthat.ThenhedeputedOthmanBin Affan (mAbpwh) to explain to them that the purpose of their visit was nothing but pilgrimage and to dignify the Holy K’abah. He was held back till the camping Muslims thought that he had been killed. Upon this the Messenger of Allah called an entourage for pledge of allegiance under a tree. All pledgedforallegianceuntildeath,withexceptionofoneAl-JaddBinQais(ahypocrite),butfinallythe matter ended with a treaty which prima-facie looked like a surrender of Muslims in favor of the polytheists of Mecca, for example when on the orders of the Messenger of Allah (pbuh) when Ali Ibn Abi Talib started drafting the treaty document and wrote “In the name of Allah, The Gracious, The Merciful”, the representative of the Quraish, Suhail Bin ‘Amr, objected saying “As per ‘The Gra-cious’, we are not familiar with it” just write “With your name O Lord.” Muslims replied, “By Allah, we shall not write anything but ‘In the name of Allah, The Gracious, The Merciful’.” The Messenger of Allah (pbuh) said (to Ali), “Do write “With your name O Lord.” Next Suhail objected to (the text reading) “This is with what Muhammad, the Messenger of Allah entered into a treaty with…”, saying, “ Had we accepted to your being the Messenger of God, we would not have turned you away from the House of God, nor would we have fought against you. Write ‘Muhammad Bin Abdullah.” Upon this the Messenger of Allah (pbuh) said, “By Allah, I am the Messenger of Allah, irrespective of your

61NarratedbywithFathulBāri–(5/329)

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refutation of me. (O Ali) do write ‘Muhammad Bin Abdullah.” When Ali sought to be excused from omitting ‘The Messenger of Allah’, took the document and omitted it with his own hand.62

Subsequently Suhail objected to the Clause stating “That you shall withdraw from between us and the house of God so that we (Muslims) shall circumambulate it”, saying, “By God, Arabs should not say that we were coerced” or intimidated to do so.63

Next Suhail laid a despotic tyrannical condition saying, “Whenever a man of ours comes to you, even a believer in you, you must deport him to us”, “whereas if someone of Muslims comes to the Quraish, he will not be returned.”64

In spite of all this intimidation the Messenger of Allah (pbuh) agreed to the treaty even though Mus-lims griped against it as they could not bear its coercive terms, the language and the format. Omar wailed, “Are you not really the Messenger of Allah?.” He replied, “Certainly, I am.” Omar said, “Are we not on the right and our enemy on falsehood?” He replied, “Certainly, so.” Omar said, “Why then are we let down regarding our religion?” He replied, “I am the Messenger of Allah. I am not to disobey Him; He is my upholder.”65

Whataddedinsulttoinjurywasthatwhilethetreatywasbeingfinalized,AbuJandalBinSuhail(aMeccan Muslim) appeared tied in shackles. Having escaped from lower side of Mecca, he threw him-self in the midst of Muslims. Suhail said, “O Muhammad he is the first one I want you to take action against and return him to me.” He replied, “We have not signed the treaty yet.” Suhail Said, “By God, if that is the case, then (imagine that) I never agreed with you on anything.”Bukhārireports,“When Suhail strongly insisted on this, Muslims detested this, resented it and criticized it. When Su-hail remained adamant, the Messenger of Allah (pbuh) finalized the treaty with him. Abu Jandal was repatriated to his father. Whenever anyone came to the Messenger of Allah (pbuh), he returned him within the agreed time, even if he was a Muslim.”66

Looking at the treaty, Muslims felt disgusted with the obligation of having to return the Muslims per-secuted for their religion. They said, “O Messenger of Allah, are you going to sign this?.” He replied, “Yes, if anyone goes to them, (it means) Allah has banished him (from us) and if someone escapes from them (to us), Allah shall relieve him and make a way out for him.”67

This treaty wetted by the Messenger of Allah (pbuh) in spite of all the terms which enraged Muslims and made them feel disgusted, if it attests to anything, that is nothing but the importance attached by the Messenger of Allah (pbuh), rather by Islam, to peacemaking. Allah the Almighty sent down the revelation from the heavens and termed the treaty as “victory” The Messenger of Allah (pbuh) ex-claimeddeclaring,“OvernightaSurah(achapteroftheHolyQurān)hasbeenrevealedtome,whichis dearer to me than (the whole world) on which the sun rises.” Then he recited the newly revealed chapter (Al-Fat’h) starting with the verse, “Verily We have granted thee a manifest Victory.”(Al-Qurān,48:1).

Certainly the treaty proved to be a blessing in disguise. It was a great victory for hearts and minds. Be-

62NarratedbyMuslim–KitabAl-Jihad–Vol:3–Hadīthno:1410-141163AbdurRazzaq–(5/343)64NarratedbyBukhāriwithFathulBāri–(7/453)65 Narrated by Muslim – (3/1412)66NarratedbyBukhāriwithFathulBāri–KitābAL-Maghāzi(7/453)67 Narrated by Muslim – (3/1412)

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tween the year of the treaty in 6th year of Hijra and the year of conquest of Mecca in 8th year of Hijra thousands embraced Islam. At the time of the Treaty of Hudaibiyah, there were only 1500 Muslims with the Messenger of Allah (pbuh), whereas eight thousand accompanied him when he conquered Mecca.

The Messenger of Allah (pbuh) complied with what was agreed upon in the Treaty of Hudaibiyah and strictly adhered to its clauses. When a band of eighty reckless youth from Quraish took the Muslim camp by surprise, they were captured. The Messenger of Allah (pbuh) pardoned the assailants and released them.68 He could have used the incident as an excuse to terminate the agreement. Likewise, he released seventy prisoners who had been captured by Muslims after the Treaty of Hudaibiyah, be-sides four others who tried to assault the Messenger of Allah (pbuh). These four were overpowered by Salama Bin Al-Akw’a69. Muslim narrates through Anas Bin Malik that eighty assailants from Mecca assailedtheMuslimcampatHudaibiyahfromtheMountTan’ēmside.Theirintentionhadbeentotake the Messenger of Allah (pbuh) and his companions by surprise. However they were captured alive but were let to live. Upon this Allah the Almighty revealed, “And it is He Who has restrained their hands from you and your hands from them in the midst of Makka, after that He gave you the vic-tory over them. And God sees well all that ye do.”(Al-Qurān,48:24).

The above verse has yet another denotation in favor of peace and against warmongering. In the verse Allah mentions warding off of war as a favor from Him, which connotes to peace as being a great blessing from Him and that war, as it is, is not something lovable in Islam. Sheikh Dr. Muhammad AbdullahDarāzhasputitprecisely: “Hence we observe that in the eyes of Islam war is a vice and an option only for the coerced. Concluding of negotiations by Muslims for achieving peace, even though with some sort of injustice concerning their rights, but avoiding bloodshed, is better than a victory for truth in which souls perish.”70

2.9 The Principle of Justice and equity for allThis principle is considered to be one of the greatest principles on which the Islamic Shariah is based, rather on which the heavens and the earth rest. The word ‘Justice’ and its derivatives occur twenty-eighttimesintheHolyQurān,whereasitssynonym‘equity’anditsderivativesarementionedtwen-ty-seven times. At these places the importance of justice and equity has been dealt with and Muslims areorderedtodealwithothersjustlyandwithbeneficence.Forexample,Allahsays,“God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and in-justice and rebellion.” (Al-Qurān,16:90).And“O ye who believe! stand out firmly for Allah, as wit-nesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear Allah. For Allah is well-acquainted with all that ye do.”(Al-Qurān,5:8).And“whenever ye speak, speak justly, even if a near relative is concerned.” (Al-Qurān,16:152).And“and I am commanded to judge justly between you.”(Al-Qurān,42:15).

Islamfirmlyforbidsinjusticeagainstopponents,eventhoughtheymayhappentobeenemies.Allahsays, “O ye who believe! stand out firmly for Allah, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear Allah. For Allah is well-acquainted with all that ye do.”(Al-Qurān,5:8).AllahordainsMuslims

68 Narrated by Muslim – Al-Jihad - (3/1442)69 For details of the Treaty, please see Saheeh Muslim (3l1433-1441) 70DirāsātIslāmiyahbyDr.MuhammadAbdullahDarāz–DarAl-Qalam–Kuwait,1979–P:142

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that their governance should be based on justice between all people. He, rather, prescribed justice as basis of the Islamic governance. He said, “God doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For God is He Who heareth and seeth all things.” (Al-Qurān,5:58).

Likewise, Islam strongly condemns following lusts, desires and personal interests because these lead to miscarriage of justice. Allah says, “O ye who believe! stand out firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for God can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily God is well-acquainted with all that ye do.”(Al-Qurān,4:135). Muslims are ordered to adhere to justice even in the case of the combatant subversives who rebel against the rule of law. Allah says, “But if it complies, then Make peace between them With justice, and be fair; For God loves those Who are fair (and just).”(Al-Qurān,49:9).Allahevende-terred Muslims from polygyny if it causes injustice and discrimination. Allah says, “but if ye fear that ye shall not be able to deal justly (with them), then only one.”(Al-Qurān,4:3).SimilarlyHemadejustice a prerequisite for acceptance of witness and verdict etc. He says, “and take for witness two persons from among you, endued with justice, and establish the evidence (as) before God. Such is the admonition given to him who believes in God and the Last Day.”(Al-Qurān,65:2).

Theword‘equity’anditsderivativeshavebeenmentionedtwenty-seventimesintheHolyQurānwherein Allah commands Muslims to implement justice unconditionally. Allah says, “O ye who be-lieve! stand out firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for God can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily God is well-acquainted with all that ye do.” (Al-Qurān,4:135).And “If thou judge, judge in equity between them. For Allah loveth those who judge in equity.”(Al-Qurān,5:42).Allahcommandedequityindisputeseven with those who rebel, “Make peace between them With justice, and be fair; For God loves those Who are fair (and just).”(Al-Qurān,49:9).

Allahdeclaredhellfireandpainfulpunishmentasdestinyofthosewhoassassinatethosewhoseekenforcement of justice, “As to those who deny the Signs of God and in defiance of right, slay the prophets, and slay those who teach just dealing with mankind, announce to them a grievous penalty.” (Al-Qurān,3:21).Heorderedtoweighandmeasurewithaccuracy,bothinmerchandiseandservices“give measure and weight with (full) justice.”(Al-Qurān,6:152).Inanotherverse,Hecommands,“And weigh with scales true and upright.”(Al-Qurān,26:182).

On the practical side, history relates to us how the Messenger of Allah (pbuh) dealt with all people and judged with highest standards of justice and fairness. Same is true about the Rightly Guided Ca-liphs too.

2.10 Recognition of differences and diversityThe pragmatism of Islam is evident from its recognition of diversity of beliefs, ideologies, colors andcomplexions,althoughitaspiresforunityofthenationandwellbeingofall.TheQurānassertsthat mankind was one single nation until they dissented, “Mankind was one single nation, and God sent Messengers with glad tidings and warnings; and with them He sent the Book in truth, to judge between people in matters wherein they differed.”(Al-Qurān,2:213).

After mentioning the Jews and Christians and their dissension, Allah says, “If Allah had so willed,

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He would have made you a single people, but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues.”(Al-Qurān,5:48).

TheHolyQurānaffirmsthatdiversityisoneofthesignificanttoolsoftesting,“If thy Lord had so willed, He could have made mankind one people: but they will not cease to dispute. Except those on whom thy Lord hath bestowed His Mercy: and for this did He create them”(Al-Qurān,11:118-119).

TheseandmanyothersimilarversesoftheHolyQurānandsayingoftheMessengerofAllah(pbuh)prepare the hearts and minds of Muslims for acceptance of others who disagree with them in belief, ideology, in fundamentals and in details, and to coexist with them in peace and harmony. This is what the case was throughout Islamic history. Non-Muslims lived under protection of the powerful Islamic state enjoying all their rights. They even held high positions. This has not happened in other theo-cratic empires, like the Roman Empire that persecuted Jews and non-Christians. History shall never forget what the Crusaders did to Muslims and Jews in Andalusia.

2.11 Dialogue is the default choice for resolving disputes and in dealing with othersTheHolyQurānfocusesonhabituationoftheNationtocalltothepathofAllahwithwisdomandastute advice, “Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious.”(Al-Qurān,16:125).

ThisisreaffirmedyetagainwithprohibitionfromargumentwiththePeopleoftheBook,exceptwithbetter (than theirs), “And dispute ye not with the People of the Book, except with means better (than mere disputation)”(Al-Qurān,29:46).

(Inthiscontext,itisimportanttopointoutthat)theHolyQurāndidnotusethewordslike‘clash’or‘conflict’(Ssira’a)butusedrootword“dafa’a”anditsderivatives(meaning:repel,wardoff,repulse,reciprocate, check, defend, deter, push, drive back, drive away), for example:“Verily God will defend (from ill) those who believe: verily, God loveth not any that is a traitor to faith, or show ingratitude.”(Al-Qurān,22:38).And“By God’s will they routed them; and David slew Goliath; and God gave him power and wisdom and taught him whatever (else) He willed. And did not God Check one set of people by means of another, the earth would indeed be full of mischief: But God is full of bounty to all the worlds.”(Al-Qurān,2:251).And“Did not God check one set of people by means of another, there would surely have been pulled down monasteries, churches, synagogues, and mosques.”(Al-Qurān,22:40).

These verses bespeak the natural law of checking (or warding off) as the divine way (of regulating) by which Allah wards off the tyrannical, but these do not instill the notion of clash in the hearts of the Muslims that would cause them to take to the clash mentality as becoming their attitude in their dealings. Just as though disagreement and dissimilarity are a natural law, but Muslims must not adopt it as their attitude in their dealings.

Inotherwords,whattheHolyQurānaccentuatesabouttheMuslimnation’sapproachofdealingwithothers in the circumstances of war is that theirs is the approach of “repelling” as long as that is the option feasible. Allah says in the Chapter ‘Al-Mu’minûn’ of His book, “Repel evil with that which is best:Wearewellacquaintedwiththethingstheysay.”(Al-Qurān,23:96).AndtheChapter‘Fussilat’He says, “Nor can goodness and Evil be equal. Repel (Evil) with what is better: Then will he between whom and thee was hatred become as it were thy friend and intimate! And no one will be granted such goodness except those who exercise patience and self-restraint,- none but persons of the greatest good fortune.”(Al-Qurān,41:34-35).

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2.12 Islam’s laudation of the heavenly religions, their books and the prophetsTheHolyQurānhaspaidagreatdealof attention to lauding thepatriarchAbraham(pbuh) - theprogenitor of all Israelite prophets - and of his sons and descendents. It lauds Moses (pbuh) so much thathisstoryhasbeentouchedtwenty-fourtimesthroughoutthechaptersoftheHolyQurān.Fam-ily of ’Imran has been generously acclaimed and a whole long (3rd) chapter has been named after them. Another Chapter (19th) has been named after Mary the mother of Jesus. Jesus himself has beenfrequentlymunificentlymentionedthroughouttheBook–peacebeuponthemall.Hehasbeencalled the Word of Allah and commended with great attributes. In fact Children of Israel have been eulogizedfor(whenthey)strivedtopropagatethedivinemessageandthattheywerepreferredoverthe people of their times. Allah says, “O Children of Israel! call to mind the (special) favour which I bestowed upon you, and that I preferred you to all others (for My Message).”(Al-Qurān,2:47).Likewise Christians, in general, have been admired, “(You will find) Strongest among men in enmity to the believers wilt thou find the Jews and Pagans; and nearest among them in love to the believers wilt thou find those who say, “We are Christians”: because amongst these are men devoted to learn-ing and men who have renounced the world, and they are not arrogant.”(Al-Qurān,2:82).

TheQurānhasmentionedtheTorahandtheBiblewithbeautifulattributesandhighregard.Forex-ample, Allah mentions the Torah saying, “It was We who revealed the law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the prophets who bowed (as in Islam) to Allah’s will, by the rabbis and the doctors of law: for to them was entrusted the protection of Allah’s book, and they were witnesses thereto: therefore fear not men, but fear me, and sell not my signs for a miserable price. If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) Unbelievers.”(Al-Qurān,5:44).SimilarlywithregardstotheBibleHesays,“And in their footsteps We sent Jesus the son of Mary, confirming the Law that had come before him: We sent him the Gospel: therein was guidance and light, and confirmation of the Law that had come before him: a guidance and an admonition to those who fear Allah.”(Al-Qurān,5:46).

The truth is that for veracity of belief and for consummation of the pillars of faith it is imperative to believe in all previous Messengers. Allah says, “The Apostle believeth in what hath been revealed to him from his Lord, as do the men of faith. Each one (of them) believeth in God, His angels, His books, and His apostles. “We make no distinction (they say) between one and another of His apostles.” And they say: “We hear, and we obey: (We seek) Thy forgiveness, our Lord, and to Thee is the end of all journeys.””(Al-Qurān,2:285).

All this should have won the hearts and minds of the Jews and the Christians and dissuaded them from strife,buttheydidnotheedtotheconcordantgesturesoftheHolyQurānaboutthepreviousreligions,their books, their messengers, Children of Israel and the Christians.

2.13 Precision of the Qurān about desistance from sweeping generalizations AmongthemosteffectivemeansofbringingpeoplenearertoeachotheristhattheHolyQurānhasleft a huge scope for dialogue and coexistence with others. It has not branded them all with a general label of ill-tempered or wicked or treacherous. For example, Allah says, “Not all of them are alike: Of the People of the Book are a portion that stand (For the right): They rehearse the Signs of God all night long, and they prostrate themselves in adoration. They believe in God and the Last Day; they enjoin what is right, and forbid what is wrong; and they hasten (in emulation) in (all) good works: They are in the ranks of the righteous.”(Al-Qurān,3:113-114).And,“Among the People of the Book are some who, if entrusted with a hoard of gold, will (readily) pay it back; others, who, if entrusted with a single silver coin, will not repay it unless thou constantly stoodest demanding, because, they say, “there is no call on us (to keep faith) with these ignorant (Pagans).” but they tell a lie against

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God, and (well) they know it.” (Al-Qurān,2:75).And,“If only the People of the Book had faith, it were best for them: among them are some who have faith, but most of them are perverted transgres-sors.”(Al-Qurān,2:110).

All these verses prepare suitable atmosphere for coexistence, dialogue and cooperation.

2.14 Extending the scope of partnership between Muslims (Us) and non-Muslims (the Other) to include even the atheistsHaving made so vast common room for relation between Muslims (Us) and people of other heav-enly religions (Christianity and Judaism) does not mean that Islam has declared an open war against atheistsorpolytheistsandidolatersetc.ItcanbesaidwithconfidencethatthestrategyofIslamistoexpand the area of coexistence to include all with exception of only the aggressors.

InthiscontextAllahcallsuponallopponents,includingatheists,idolatersandinfidels,tocometoacommon platform shared by the whole humankind - the search for truth. Allah says, “Say: ‘…certain it is that either we or ye are on right guidance or in manifest error!’ Say: ‘Ye shall not be questioned as to our sins, nor shall we be questioned as to what ye do’.”(Al-Qurān,34:24-25).This verse is an explicit and unreserved call to all without any exception to hunt for knowledge about truth,guidanceaswellasperversity.ItisobviousthatduringthewholeargumenttheHolyQurān,instead of asserting that Islam was the truth (although it is) or declaring that the polytheists along with their rituals were aberrant (although they are), left the door wide open for dialogue and debate.TheeloquenceofthismiraculousQurānicstyleisthatitpromptedtheMessengerofAllah(pbuh)andhiscompanionstosupposedlydescribetheirtruefaithasbeingijrām(criminality)andtodescribethestateoftheinfidelsasnormalhumanactivity,althoughthelatterwereaberrantandinuttersinfulness,because they were to bear the responsibility for their deeds. This implies that in dialogue with oth-ers, Muslims must respect what others possess; the opposite must not be prejudged while in debate. Certainly thisverse represents thebest,broadest,finest,wisestandmostcomprehensivebasis fordialogue and coexistence.

ItisevidentthatIslamacknowledgesanumberofframeworksofengagementandaffiliation,inspiteofthefactthatittreatstheaffiliationofbeliefandbrotherhoodinfaithasthebasisforassociation.Through this candidness of magnanimity it seeks common ground for mutual approximation coexis-tence, cooperation and call to truth. These frameworks are:a. Framework of humanity: All humans descent from Adam and Eve. Qurān addresses the humanssaying,“Oyepeople!”b. FrameworkofNationality:Qurāntermsitasbrotherhood(asmentionedearlier).c. Framework of People of the Book.d. Finally the framework of those who genuinely seek truth.

2.15 Jihād for freedom of religionThedeclarationofJihād,accordingtotheveryfirstverserevealedtoprescribeJihād,wasforuphold-ing freedom of religion and sanctity of places of worship. This fact deserves to be given due attention it merits for its study. The verse reads, “those against whom war is made, permission is given (to fight), because they are wronged;- and verily, God is most powerful for their aid;- (They are) those who have been expelled from their homes in defiance of right,- (for no cause) except that they say, “our Lord is God.” Did not God check one set of people by means of another, there would surely have been pulled down monasteries, churches, synagogues, and mosques, in which the name of God is commemorated in abundant measure. God will certainly aid those who aid his (cause);- for verily God is full of Strength, Exalted in Might, (able to enforce His Will). (They are) those who, if We es-

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tablish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid wrong: with God rests the end (and decision) of (all) affairs.”(Al-Qurān,22:39-41).

2.16 Combat is the last stage of Jihād (striving in Allah’s cause)TheemphasisofIslamthatJihādinAllah’scausedoesnotmeancombataloneandthatcombat–withall its conditions and regulations - is the last option, means that it provides numerous other chances for calling to Allah using means of wisdom and astute advice etc.

2.17 The purpose of diversity is acquaintance, not combatAmong the objectives of the Shariah behind recognition of diversity is acquaintance, not the clash andwranglingbetweenpeoples.TheHolyQurānreads, “O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you. And God has full knowledge and is well acquainted (with all things).” (Al-Qurān,49:13).

The SummaryCertainly,alltheseintellectualmeritsanddoctrinalgroundsinfluencethepsychologyofthefaithfulin favor of embarking upon the path of peace, acquaintance, coexistence, mutual acceptance and posi-tivecivilizedinteractionbenefitingall.Islamichistoryisawitnesstothefactthatthiswasactuallyachieved on the ground.

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Pivot IIIMuslims Relations with Others in Times of Peace

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Muslims Relations with Others in Times of Peace

3.1 Life of the Messenger (pbuh) and history3.2 Three essential principles of foreign relations in Islam3.3 Covenant ofMedina as the first constitution in the history conferring right of citizenship to Others3.4 Practical applications for foreign relations in times of peace3.5 Non-Muslims rights in Islamic territories3.6 Non-Muslims duties in Islamic territories

3.1 Prophetic Approach to relations with the otherIslamcametoorganizetherelationofthehumanbeingwithhisLord,withhisfellowhumanbeings– Muslims as well as non-Muslims – and with the universe surrounding him. To this effect it laid down a comprehensive system with general guiding principles and wide-ranging norms suitable for all times and spaces evolvable and adaptable for changing circumstances without compromising on authenticity or constant values.

During the Meccan period of Islam, there existed no state, relations were of personal nature and the Messenger of Allah (pbuh) called everyone to embrace the religion of Allah and follow the right path; he called to belief in the one and only God – Allah -, to build the personality rooted in the sound belief and in comprehensive upbringing encompassing spiritual, psychological, physical and social aspects of human life.

The Messenger of Allah and his noble companions had to bear numerous ordeals ranging from psy-chological harassment and physical torture for preaching the true Call, however their motto then was “hold back your hands (from fight) but establish regular prayers.”(Al-Qurān,4:77).Theyprayedfor the polytheists who used to persecute them “O Allah guide my people; they are ignorant (of the essence of my message).”WhenMuslimsmigratedtoMedinaandthefirstIslamicstatewasestab-lished, the Messenger of Allah (pbuh) strived to strengthen the civil society and consolidated the internal front on two sides:

a) On the side of theMuslims he accomplished their bona-fide brotherhood throughmakingoffraternalrelationsamongtheMeccanmigrantsatfirstandthenbetweenthe migrants and the proponent hosts. The hosts made the migrants partners in their possessions and plantations.71

b) On the common front covering all those who resided in the state of Medina – Mus-lims, Jews and others – he consolidated the relations based on the Covenant of Medina whichgovernedtherelationbetweencitizensofMedinaonthebasisofequalityofrightsofcitizenship,dutiesanddefenseofMedinaetc.72

Relation with Quraish and the surrounding entities: 1) The relation between the newly established Islamic state and Quraish along with other

surrounding tribes was a relation of hostility and of war from the latter against the former. The stance of the Messenger of Allah (pbuh) (as head of the state) was the

71 As-Seerah An-Nabawiyah As-Saheehah by Dr. Dhiya Al-Omari’s – Qatar (1/240)72 Ibid. - (1/272-289)

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stance of defending Islam and its newly founded state. However he was very keen on propagating the Call to these adversaries and to make peace with them, although they seldom adhered to the agreements and covenants they signed.

2) So far as the policy of the Messenger of Allah (pbuh) towards the neighboring coun-tries surrounding the Arabian Peninsula is concerned, to start with he invited the heads of these states, through his letters, to embrace Islam so that they could continue to rule in line with the reforms and justice required by Islam. In fact his mission was to spread thecallofIslamtothewholeworldinordertoactualizetheIslamicvisionofmercyupon all mankind. Allah says, “We sent thee not, but as a Mercy for all creatures.” (Al-Qurān,49:107).

Universal call and human brotherhood even in straitened circumstances as well as in triumph and in power:It never slipped from the memory of the Messenger of Allah (pbuh) that his mission was universal, that his message was Allah’s mercy for the whole existence and that whole humankind is correlated withthebondsofhumanbrotherhood,singleoriginandhumandignity.Indeedhekeptemphasizinguponthesevaluesandprinciplesintimesofdifficultyandadversityaswellasupontriumph,achieve-ment and while in power. In the sermon of his last Hajj, he said, “O people, the Lord of all of you is one; the father of all of you is one; all of you belong to Adam; Adam was created from dust; an Arab has no superiority over a non-Arab nor does a non-Arab have any superiority over an Arab – except through piety”73 This was what he said at the time of the climax of his victories and triumphs. Usu-ally on such occasions an undistinguished human being would be shoved by elation of victory to megalomania and to swerve from being reasonable, but these magnanimous principles featured in his farewell sermon and last testament, the fact which demonstrates that his is the mission delegated by Allah as His mercy upon the whole mankind. It meant that his message meant welfare, benefaction and advantage to all humans so that they all could live in peace, prosperity and tranquility; besides ad-vantagesinthisworlditqualifiedthenfortheexcellentrewardsoftheHereafter.Itimpliedthatevenhe who did not seek the Hereafter, Islam guaranteed peace and security for him as long as he did not commit outrage upon anyone, transgress against anyone and did not spread depravation in the lands.

Actuality of the treatment of non-Muslims at the hands of Muslims throughout their history:The relation of Muslims with others is not something new. It started with the inception of Islam in MeccawhenAllahsentHisfinalMessengertothewholemankind.Initiallyhewasaloneandthenanumber of all kinds of people believed in him. This faithful group was persecuted, but they remained patiently persistent in their mission till, by the grace of Allah, they triumphed over the whole Arabian Peninsula and then over major parts of the earth.

The relation of the polytheists of Mecca with the Messenger of Allah (pbuh) and his companions was thatofpersecution,tyrannyandextremenuisance.Laterontheyimposedfiercehostilitiesandleftno stone unturned to eliminate Muslims and wipe out Islam. With all given means, they sought to eradicate Islam and succeeded in slaying to death a number of noble Companions. Finally when their eyes fell on the Messenger of Allah (pbuh) himself to assassinate him, he managed to get away from them and migrated to Medina. Even at Medina, they did not leave him alone and sent their armies to exterminatehimatthelocationofBadrandlaterinthebattleofAhzābetc.

The relation of the polytheists with Islam thus was based on their goal of eradicating Islam by hook or by crook. In their wars against Muslims at Medina, they did not conform to any principles or morals.

73 Narrated by Ahmad in his Musnad: 5/411

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The Messenger of Allah (pbuh) and his companions were in the state of self-defense defending their freedomofreligionandstrivingtowardoffbeingafflictedintheirfaith.

In spite of all these bitter realities, the Messenger of Allah (pbuh) persevered in making Medina a cradle of peace and coexistence between all its residents. He granted complete freedom of religion, setupthefirsteverconstitutioninthehistoryrecognizingtherighttocitizenshipfortheJews.Theparadox was that the latter not only broke the covenant and attempted to murder the Messenger of Allah (pbuh), they acted treacherously and allied with enemies of the state – the polytheists -, allured themtowars,contributedtowarmongeringwithcorroborationandincitementandfinallyparticipatedinpracticeinthebattleofAhzābseriouslyattemptingtoeliminatetheMessengerofAllah(pbuh)andhis companions. Thus they committed a grave crime deserving harsh punishment.

Notwithstanding such atmosphere, charged with outrage, coercion and evident intent of extermina-tiononpartoftheenemies,therecomestherevelation,verseafterverse,emphasizingadherencetojustice, equity and not responding to aggression beyond its degree; in fact it sought to repel evil with thatwhichisbetterorbest.Itremindedthatallinfidelsarenotalike.

After the Messenger of Allah (pbuh) passed away, the Islamic caliphate secured the principle of free-dom of religion, human dignity and human rights.

Throughout the whole epoch of the Islamic rule history has not registered any cases of coercion or forced entry of anyone into Islamic faith. What better proof can be there of this reality than the fact that the caliphates of the Rightly Guided Caliphs, Omayyads, Abbasids and Ottomans ruled major parts of the world for centuries, yet all existing religion there remained intact. Christians remain present in the Arab world (especially in Egypt, Levant and Iraq) enjoying the freedom of their faiths. Likewise, Jews too enjoyed absolute freedom until their occupation of Palestine. Had the Islamic state taken to coercion to forced entry into Islam, they would not have survived till today. This was in quite contrast to what happened to Muslims in Andalusia where they ruled for eight centuries. There, Muslims ruled so long, yet the majority of the population remained Christian, yet when Crusaders came to power, not even a single Muslim or a Jew was left except to accept one of the three options of beingslaughteredorburnttodeath,orbeChristianizedorinstantbanishmentfromtheland.Thusthehistory saw the state of Andalusia cleansed from Muslims within a very short period of time, so much so that they did not exist even as a small minority there, not even individuals survived.

Even during the modern times all know what the Communists did to Muslims in the Soviet Union and inYugoslavia,andwhatSerbsinflicteduponMuslimsofBosniaandHerzegovina–hundredswerehacked to death and hundreds of their women were violated and raped.

LetusbrieflydescribewhatthepeopleofdifferentreligionsdidtoeachotherbeforeIslam.LetustalkabouttheJizyah(capitation)-aboutwhichdoubtshavebeenspread-andabouttheterm“Zimmah”(protection under Islamic rule), which implies high denotation, but which has been distorted by the prejudiced media with various sensitivities and dubiousness. We will also mention some of the trea-ties written by the Messenger of Allah (pbuh) for People of the Book – Jews and Christians.

Persecution and genocide committed by people of different faiths against each other before advent of Islam:Historians have written about religious strife and persecutions that took place at the hands of peo-ple of different religions against each other. According to Thomas Arnold the history of Nestorians speaks of a wonderful renaissance in religious life and other activities after coming under Muslim

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rule. Persian kings used to pamper this sect at times and humiliate them at times. Most people of this sect lived under the rule of these Persian kings. They even witnessed worse of perilous times. They werepersecutedwithrowdinesswhen,duringthewarbetweenPersiaandByzantine,theyweresus-pected by the Persians of supporting the Christian enemies. But the peace they enjoyed in their lands during the era of Caliphs enabled them to move forward in their missionary activity outside. They sent missionary delegations to China and India. They even got elevated to the ranks of archbishop in theeighthcentury.DuringthesameperiodtheyfirmedtheirfeetinEgypt.AfterwardstheyspreadChristian faith in Asia until in the eleventh century they had attracted large numbers from amongst Tartars to Christianity. If other Christian sects had failed to demonstrate such a strong activity, Mus-lims must not be blamed for that as the central government was equally forbearing towards all of them.Theyevenpreventedthemfromoppressingeachother.DuringthefifthcenturyBersama–aNestorian bishop had allured the Persian king to perpetuate harsh persecution against the Orthodox Church. He had portrayed himself as a friend of the Persians and deluded them that his own principles were more inclined to those of theirs.

It is said that about 7800 of followers of the Orthodox Church along with a large number of secular-ists were hacked to death during that persecution. Khusrau II perpetuated yet another persecution against the Orthodox population after Heracles invaded Persia. Khusrau II had been incited by one of theJacobitesdeludinghimthattheOrthodoxwillbesympatheticandsupportivetotheByzantines.Values and principles of Muslims are different from those of others, as it is evident that they never left a stone unturned to treat all their Christian subjects with justice and equity. An example of this isthataftertheconquestofEgyptandroutoftheByzantines,theJacobitesavailedofthechancetoseizetheOrthodoxchurches,butMuslimsreturnedthembacktotheirlegitimatecustodiansaftertheOrthodox proved their ownership.

Besides historical evidence, a proof of the fact that the conversion of Christians to Islam in Egypt was not under coercion is that when the patriarchal seat fell vacant, Christians enjoyed absolute freedom to perform their rituals. They were allowed to rebuild their churches and even to build new churches. They were able to get rid of the restrictions – like riding only donkeys and mules - that prevailed over them.TheyweretriedinspecialcourtswhilethemonkswereexemptedfrompayingJizyah(capita-tion) and had special privileges.74

We may add that historians have reported that it was Romans who forced Egyptians (Copts) to em-brace Christianity. Gustave Le Bon writes, “Egypt was forced to embrace Christianity. It brought her down to the depth of decline, misery and misfortune, from which it was rescued only the Arab conquest. Because of the differences between themselves, Egyptians used to wrangle and curse each other; they harbored hatred against Romans and eagerly waited for the day when they would be liber-ated from the clutches of the tyrannical Caesars of Rome.”75

It is worthwhile to refer to the worthy book of Sheikh Abul Hasan An-Nadawi “Mādhā Khasira Al-’Ālam Bi-Inhitāt Al-Muslimēn” (What the World Lost with the Downfall of the Muslims).

Holocaust of the Muslims in Andalusia:What the Crusaders perpetuated against the Muslims upon their occupation of Andalusia, should make

74 (Back translated from Arabic) The Preaching of Islam - Thomas Arnold – Arabic Translation by: Hasan Ibra him – Cairo, 1971 – P:79 / Please refer alsoto:Al-MuslimWaAl-Ākhar(TheMuslimandtheOther)–ImādudDeenKhaleel–Al-M’arifahMagazine–IssueNo:33-34,200375GustaveLeBon–ArabCivilization–Translatedby’ĀdilZa’aitar–Dār’IhyāulKutubAl-’Ilmiyah-Cairo1956–P:336

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thehumanitybowinshame.ItissufficienttorefertowhatMuhammadAbdullah’Inānhasmentionedin his worthy book “Nihāyat Al-Andalus Wa-Tarēkh Al-’Arab Al-Munassarēn (End of Andalusia and the History of Christianized Arabs)”76,inwhichhehasscientificallydocumentedtheircrimesthatsurpass what is known as Holocaust. From this book and another book of the same author – published in the series named “Kitāb Al-Ummah” -, we may excerpt about hideous events and heinous crimes perpetuated against the Muslims who lived in Andalusia for about eight centuries, spread knowledge, civilizationandlightinEuropeandallowedtheChristianstostaywithfullfreedom:

When Ferdinand and his fanatic wife Isabella conquered Granada (in 897 Hijra / 1492 AD), the priests were urging him to wipe out the Muslims from Spain and opt them to choose between Chris-tianizationandexpulsiontoNorthwestAfrica.Theyjustifiedforhimthatinsodoingtherewasnobreach of what he had covenanted to them and that it would rather save their lives because they would not be able to live with Christians.77

Ferdinand who had covenanted to Muslims to grant them freedom of religion saw in this extermina-tion a way to end their insurgencies. Thus with complete support of the Church and its cardinals, withthebeginningof1500AD,hedeclaredthepolicyofobligatoryChristianization.Mosqueswerelocked and then converted into churches. Tens of thousands of books of Muslims were piled up and setablazeintheAr-RamlahSquare–thebiggestpublicsquareofGranada.Thesamescenewasre-peatedinvariouspartsofGranada.ForcedChristianizationandincinerationturnedrampant.Therewere some instances of revolts from the Muslims, but these were disproportionate. Crusader soldiers committedbrutalhomicideoftheMuslims,capturedtheirwomenandChristianizedtheirchildren.78

On 20-06-1501 Ferdinand and his wife declared that God had chosen them to cleanse the kingdom ofGranadaofinfidelsandthustheexistenceofMuslimswasoutlawed.AfterexterminationofthestrongerMuslims,whentheweakerofthemwereChristianizedinlargenumbers,thekingfearedofarevolt in Granada. He issued his orders banning their entry into Granada, their residing there or seek-ingrefugethere.Hewhodaredtodosowaschastenedwithdeathandconfiscationofpossessions.79

Theauthorof“AkhbārAl-’AsrFiInqidhā’IDawlatiBaniNassr”80 has portrayed their pitiful state of affairs in a lamenting style, “In 904 the king of Qishtala called upon the Muslims to embrace Christi-anity. They were forced to do so. The whole of Andalusia was Christianized and their remained none to utter the declaration of faith (there is no God, but the one only Allah; Muhammad is His Messen-ger), except those who did so in the hearts of their hearts away from others. Bells took the place of the Azān, pictures and crosses were fixed inside the mosques instead of Qurāns and their recitation. How many eyes were there to weep and how many hearts were filled with pain. How many feeble and unable to flee could not follow the footsteps of their Muslim brethren. Their hearts blazed with gloom, their eyes shed tears while seeing their sons and daughters praying to the cross. They saw them pros-trating in front of idols, eating pork and dead meat and drinking alcohol – considered in Islam to be the mother of all impurities and abominations. They just couldn’t do anything to stop them. He who dared to try, met with worst chastening. What a catastrophe of bitterness; what a tragedy of magni-tudes.”

Thereafter the inquisitions started to wipe them out completely from their roots and to cleanse Anda-

76 Cairo - 195877 Ibid. P: 297 – 30078 Ibid. P: 301 onwards79 bid. 80Pleasereferalsoto:Al-MuslimWaAl-Ākhar(TheMuslimandtheOther)–ImādudDeenKhaleel–Al-M’arifahMagazine–IssueNo:33-34,2003

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lusia of Islam thoroughly. The manner was as follows:

1) Calumny with the priests, against those who were suspected of sticking to Islam, who would investigate into the matter and write their reports based on confessions and witnessesorontheirpersonalconvictionsconfirmingthecharges.Thiscouldalsobedone through secret investigations ordered by the priests who were utterly malicious against Islam.

2) Upon completion of a report the investigation authority of the church used to issue orders of arrest against the accused to be put in the secret prison of the authorities, a notoriously terrible place of torture and hideousness. Then he would be shackled and allhispropertyandpossessionsconfiscated.

3) In this prison, the detained were promised clemency if they confessed; they were threatened of serious consequences and severe punishment if they refused to confess in front of the innocent sacred church authority. This was a shockingly treacherous process. If the accused were to confess, he would be sentenced with a suitable punish-ment; if one confessed to being a Muslim, he would be sentenced to death in spite of the promise of leniency given to him; if he did not confess, he would be remanded to humiliating torture until he broke and confessed or died. Lemortni, one of the Western historians, has reported these shame trials and persecution thus: “This torture cannot be described in words. Numerous shameful cases were disgusting and frightening. Most known of the types of torture in the Middle Ages were prevalent in the inquisition courts. For example, besides use of burning skewers on feet and abdomen, an accused used to be tied by his legs and arms, his head lowered down and then big gulps from large clay jar put in his mouth so that he would almost suffocate.”81

4) At the end of the torture (if the tortured survived), he used to be carried wounded and bleeding to the courtroom to answer to the inquisition on accusations against him. Subsequently judgment would be passed by the bishops and priests without announc-ing it to the accused. In all probability it used to be execution by charring to death if theinfidelity(ofbelievinginIslam)wasestablished.Theexecutionusedtobeintheform of mass incineration in a large public square. It used to be a grand celebration under the personal aegis of the Catholic King Ferdinand. Although a Catholic, he was a great fan of these sadistic executions.

5) The proceedings to the inquisition courts used to be dawdling. The jury enjoyed abso-lute immunity, which made it possible for them to molest the daughters and wives of the accused with impunity and without any fear of penalty.82

What is the essence of Jizyah (capitation)?JizyahinArabicmeansrecompenseinreturnorinexchangeofsomething.83 Islamic jurisprudents meanbyitthechargescollectedfromtheZimmis(protectednon-Muslimcitizens).AccordingtothedefinitionoftheShāfi’iSchoolofjurisprudence,itmeans“the charges collected consensually from them for sheltering them in our territories or for sparing their lives, their children and their posses-sions, and for our desisting from combating them.”84

Alikeorneararethedefinitionsofmostofthejurisprudents85 and this denotation is closest to its lexi-cal meaning.81MuhammadAbdullah’Inān-“NihāyatAl-Andalus…”–P:304-32282 Ibid.83Al-QamoosAl-Muheet,LisānAl-’Arabandotherlexicons84Al-Qalyubi’scommentaryonSharhuAl-Muhallā–4/22885Al-FatāwāAl-Hindiyah–(2/244);JawāhirAl-Ikleel–(1/266);Al-Mughni–(8/495)

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Theprécisofthedefinitionsisthatitisthefeescollectedfromthenon-MuslimslivingintheMuslimlands in lieu of providing safety and security to them. We can say, “It is in lieu of the right of citizen-ship. Just as Zakāt (mandatory charity) is collected from the Muslim citizens’ possessions and Charity of the Fast of Ramadhān (Sadaqatu Al-Fitr) is duly paid by every individual Muslim, just like that is payment of Jizyah necessitated from non-Muslims and tribute (Kharāj) from their lands. This is sub-stantiated by the fact that when some Christians (the tribe of Banu-Taghlib) did not accept the term ‘Jizyah’ to be used in their case and accepted instead to pay Zakāt (like Muslims) or even double of it, the Rightly Guided Caliph Omar (mAbpwh) accepted their proposition.”86

OntheotherhandpaymentJizyahwasacleardenotationofrecognitionoftheIslamicstateanditspolitical authority. This was a sort of assurance of trust between the two parties.

ScholarsdifferaboutthebeginningoflegislationaboutJizyah.Somesaythatitwasinthe8thyearof the Hijri calendar while some suppose that it was in the 9th year.87ItwasfirstlycollectedfromtheChristiansofNajranandtherespectivelyfromMagisectofHajr,peopleofAylahandAzrah,and some Jewish tribes of Tabuk. It was within one Dinar (i.e. about 4.5 Grams of gold) per year for every sane male adult. It was not collected from children, insane, monks and women. According to Abu Obaidah and others the letter of the Messenger of Allah (pbuh) addressed to the people of Yemen included, “From Muhammad to the people of Yemen…, any Jew or Christian accepting Islam is a faithful, his rights and duties are same as those of Muslim; he who continues to be on his Judaism or Christianity, he shall not be lured away from that, (however) he shall have to pay Jizyah.”88

Whether Jizyah is a bribe or a citizenship tax?Astateofanysort(whetherreligiousorsecular)enjoysrightsoveritscitizensandowestothemtheresponsibilitiesofsafety,securityandinternalsolidarityetc.Itsrightsoverthecitizens,forexample,aretobesupportedbyhumanandfinancialresourcesinordertobeabletoachievethetargetsfruit-fulforallcitizens.Thisisbecause,otherwise(inabsenceofrightsandresponsibilities),insecurity,political uncertainty and economic chaos will obliterate everything and reduces all achievements to nothingness. This is a historical fact and very well evident from what has been happening in recent times in Iraq and other places.

Based on this reality Islamic state, in this regard, just like any other state, whether primitive, modern oradvancedorotherwise,imposeditsfinancialrightstoensuresafetyofindividualsandthesocietyandintheinterestofsolidarityofitscitizens.Howeverithasdistinguishedbetweentwokindsoftheobligatory rights as follows:

Firstkind:Financialrightswhichimplydevoutness(asinZakāt)andhavebeenobligatedonMuslimstorealizesolidarity.Primarilyandinprincipletheserequiredevoutintentthatisexpectedonlyfromone who has embraced Islam as his creed, canon and way of life.

Thusitisquitenaturalthatthiskindofobligationshouldbespecificinapplication,inproportionofobligation and with regard to the obligated. In spite of this, if non-Muslims accede to this in lieu of the second kind - mentioned below -, the Islamic state would welcome it, simply because it is more

86PleaserefertoAl-AmwālbyAbiUbaid–P:541/KharājbyAbuYusuf–P:143/FiqhuAz-ZakātbyYusufAl-Qaradāwi–1/118–Maktabat Wahba, 200687ZādAl-Ma’adbyIbnAl-Qayyim–(2/288);TafseerIbnKatheer–(2/347)88Al-Amwāl–P:37,Qatar

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than the second.

Second kind: Financial rights in which the devotional connotation is basically not perceived and thus its expenditure and proportion etc. are different. In this kind of obligation, the following two consid-erations are observed:

1) Recognition of the Islamic state and its authority makes rights and responsibilities incumbent upon both sides (the state and the residents). This is how many leading ju-risprudents,likeShāfa’i,haveinterpretedthedivinesaying,“until they pay the Jizya with willing submission, and feel themselves subdued.” (Al-Qurān,9:29),meaninguntil they submit to the authority of the state with motivation and accept what has been imposeduponthembyAllahintheformofpayingJizyahtothestate.

2) Contribution to shouldering part of the responsibilities of the Islamic state in estab-lishingpeaceandsecurityforallitscitizensandtodefendagainstthosewhomaykeeplurking with obnoxious designs. It is the contribution in peacekeeping and defense besides being a contribution towards progress, social solidarity and security for the needy. The proceeds go to the exchequer and are spent on development projects, in-frastructure and social security for all those who live in the state including Muslims as well as protected non-Muslim.

Inotherwords,linguisticallyspeaking,JizyahmeansJizā(tribute)fortheabovementionedbenefits;it certainly does not imply any ill intentions towards anyone. However, since the media hype against it aroused sensitivity against it, there is no harm in calling the collection from non-Muslims as tax or asimilarname.EvenifitweretobecalledZakāt,itwillnotamounttoanyviolationoftheShariah.Infactthereisaprecedencetothisi.e.duringthecaliphateofOmarIbnAl-Khattāb(mAbpwh)–whentheArabChristiantribeofBanuTaghlibrefusedtopaytheseduesunderthenameofJizyahandinsteadvolunteeredtopaydoubletheamountunderthenameofZakāt,Omargrantedtheirpeti-tion. Hence the name in itself is not of prime importance as much as the collecting of the due and spendingitintheinterestofthestate,thecountryandthecitizens.

The term “Zimmah”:JustasahypehasbeencreatedregardingJizyah,thebeautifulexpressionof“Zimmah”,whichhasa sublime connotation and humane denotations, has also been slandered. Zimmah, in Arabic idiom, means neck, soul and covenant. In the primary sources of Islam it has been explicated as “guarantee of inviolability offered by Allah and His Messenger (pbuh). In other words it means that Allah and His Messenger (pbuh) have pledged peace and protection to the concerned. The truth is that Islam’s admittance of another religion – while wielding power and authority - was an upheaval of all previ-ously prevalent concepts. Prior to it, history had not recorded any religion as having admitted coexis-tence with any other religion even if this had been the religion of a section of the same people. Jews, not only did not approve of the religion of Jesus Christ, they, instead, persecuted his companions and disciplesandtyrannizedthem.TheykilledsomeandtriedtokillandexecuteJesushimself(pbuh)bycrucifixion,butAllahrescuedhimbyraisinghimupuntoHimself.LikewisedidtheChristians;whenthey attained statehood and wielded power, they persecuted the Jews time and again. They killed them, tortured them, dislodged them and frightened them away.

3.2 Qurānic Principles underlying foreign relationsIn timesofpeaceand incircumstancesofwar thesecanbesummarizedwith the following threeverses of the Chapter Al-Mumtahinah of the Holy Book:

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“It may be that God will grant love (and friendship) between you and those whom ye (now) hold as enemies. For God has power (over all things); And God is Oft-Forgiving, Most Merciful. God forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for God loveth those who are just. God only forbids you, with regard to those who fight you for (your) Faith, and drive you out of your homes, and support (others) in driving you out, from turning to them (for friendship and protection). It is such as turn to them (in these circumstances), that do wrong.”(Al-Qurān,60:7-9).

ThefirstverseelucidatesthatIslamaspires,withallgivenmeans,forremovalofenmityandrealiza-tionoflove.ThesecondverseclarifiesaboutrelationsbetweenMuslimsandothersintimesofpeaceandcessationofhostilitythattheserelationsstandonbeneficence,benevolence,justiceandequity.The third verse explicates the relation between Muslims and others in circumstances of war and hostility that it is grounded on the need of Muslims uniting and devoting their allegiance of love and collaboration to the Almighty Allah and to the believers in Him; and that their collaboration must not bewiththehostileinfidels.However,itisimportantthateveninsituationsofwarandhostilitythefoundations of justice and fairness must be honored and not allowed to erode.

Theamazingthingintheseversesisthattheseareapartofthechapterthatstartswithamentionofwhat the enemies of Allah did with the Muslims and what they really intend to do with them. Here are thefirsttwoversesofthischapter:

“O ye who believe! Take not my enemies and yours as friends (or protectors),- offering them (your) love, even though they have rejected the Truth that has come to you, and have (on the contrary) driven out the Prophet and yourselves (from your homes), (simply) because ye believe in God your Lord! If ye have come out to strive in My Way and to seek My Good Pleasure, (take them not as friends), hold-ing secret converse of love (and friendship) with them: for I know full well all that ye conceal and all that ye reveal. And any of you that does this has strayed from the Straight Path. If they were to get the better of you, they would behave to you as enemies, and stretch forth their hands and their tongues against you for evil: and they desire that ye should reject the Truth.”(Al-Qurān,60:1).

Next, Allah says, “If they were to get the better of you, they would behave to you as enemies, and stretch forth their hands and their tongues against you for evil: and they desire that ye should reject the Truth.”(Al-Qurān,60:2).

InspiteofthatAllahemphasizeduponJusticeandfairness.Forexample,Allahsaid, “and let not the hatred of some people in (once) shutting you out of the Sacred Mosque lead you to transgression (and hostility on your part). Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah, for Allah is strict in punishment.”(Al-Qurān,5:2).

EvenmoreamazingisthattheChapter60(Al-Mumtahinah)wasrevealedaftertheChapter9(At-Taubah), the fact that removes any likelihood of abrogation of the verses of the former, which testi-fiedtothefactthatthosepolytheistsdidnothonortheircovenantsandthattheyhadactedtreacher-ouslytowardsAllahandthefaithful.However,evenheretheversesemphasizeupontheMuslimstodealalwayswithothersonthebasisofjustice,beneficenceandbenevolenceprovidedtheydonot commit tyranny, expulsion, carnage and terror against Muslims. The major Islamic fundamental in internationalrelationsisthatseveranceoftiesandbeinghostileisspecificonlytothecircumstancesofenmityandaggressionandthatotherwisetherelationhastobeofbeneficenceandbenevolenceonly. Islam does not seek hostility or dissociation from others. In fact Islam prompts to keep the con-stituent of love intact in hearts and minds with disposition of chaste behavior and just conduct, while

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dealing with the adversaries, in anticipation of the day when hearts and minds would convene on love and peace.

Sayyid Qutb puts it thus: “This standard for dealing with non-Muslims is most just of all standards that could be in harmony with the nature of this religion, with its direction and with its perception of the human life, rather with its overall perspective of the universe which has been designed and created by the single creator and converges to Him alone and which, in spite of all dissimilitude and diversity, is synergic in its core design and eternal meticulousness. This is the basis of its international law, through which it bolsters the state of peace between itself and all people and makes it enduring, the state that is not changed by anything except by occurrence of belligerent aggression and the compul-sion of repulsing the aggression or by apprehension of treacherousness after a treaty – which means a threatofaggression-,orbydeliberatehindranceoffreedomtopreachandjeopardizingthefreedomofbelief–,whichisanaggression.Inallothersituationsitisnothingbutpeace,love,beneficence,benevolence and justice for all without exception or exclusion.

“Secondly this is the standard that is in harmony with the Islamic ideology where all issues between the faithful and their opponents converge into the issue of this belief alone. There is nothing between themtofighton,exceptthefreedomtocall,freedomofbelief,establishingthedivinesystemintheworld and exalting the word of Allah.

“This direction is in agreement with the theme of the whole Chapter (Al-Mumtahinah) aiming at ac-centuationofthevalueoffaithandmakingitthesingleflagunderwhichMuslimsmuststandunited;whosoeverstandsbythemisoneofthem,whosoeverfightstheminthatistheirenemy,whosoeverreconciles with them – leaves them with their belief and their Call, does not hinder others from this faith, does not obstruct between them and the listening to the Call and does not allure the faithful away from the faith – is peaceable and Islam does not forbid from dealing kindly and justly with him.

“A Muslim lives in this world for his faith, he makes it his issue with his own self and with the people around him; there is no antagonism for any personal interest, there is no (Jihād) struggle for the cause of race or land or clan or lineage; Jihād is for nothing except for exalting the word of Allah and for effective establishment of the belief as the way of life.”89

Islam never took to arms to impose its belief with coercion or duress. Allah says, “Let there be no compulsion in religion.” (Al-Qurān,2:256).Certainlythenotionofhegemonyandsubjugationofothers is absolutely unacceptable in Islam, as Allah says, “That Home of the Hereafter We shall give to those who intend not high-handedness or mischief on earth: and the end is (best) for the righteous.” (Al-Qurān,28:83).WarinIslamisonlyfordefendingjusticeandremovinginjustice.Allahsays,“To those against whom war is made, permission is given (to fight), because they are wronged;- and ver-ily, God is most powerful for their aid.”(Al-Qurān,22:39).Warisforstandingupfortheoppressed.Allah says, “And why should ye not fight in the cause of God and of those who, being weak, are ill-treated (and oppressed)?- Men, women, and children, whose cry is: “Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from thee one who will protect; and raise for us from thee one who will help!.”(Al-Qurān,4:75).

89SayyidQutb-FeeZilālAl-Qurān–DarAsh-Shrooq,Cairo–(6/3544-3545)

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3.3 Citizenship rights for foreigners in Light of Medinan Covenant:ThefirstIslamicstatethatwasestablishedinMedinawasfoundedonthebasisof(muwākhāt)fra-ternity between Muslims comprising of the migrants from Mecca and their supporters at Medina; in essence it meant that they were a single nation distinct from others, that they were like a single body and that they were a single hand in the face of whosoever dared to act with hostility towards them, yet thecommongroundwithnon-Muslimswasthegroundofjustice,citizenshipandmutualrightsandresponsibilities. The Covenant of Medina is a document dictated by the Messenger of Allah (pbuh) comprising of 47 clauses, a big number of which are related to the rights of the Jews. These include:

1. That the protection by Allah is one and inseparable; (even) the lowest of them is privi-leged with it. All the believers are defenders of each other distinct from others.

2. Those who follow us from amongst the Jews, shall be supported just like Muslims; they shall not be treated unjustly or with bias against them.

3. AnymoveofpeacebyMuslimsshallbe(strictly)collective;whenfightingfor thecause of Allah, no believer shall make peace individually without involving other believers, except on equity and justice between them.

4. In every invasion undertaken, all of them shall be at the back of each other.5. Whatsoever you may disagree on must be referred to Allah and His Messenger.6. TheJewsshallcontributefinanciallywiththefaithfulaslongasbothfightalongside

each other.7. Jews shall spend on their own and Muslims shall spend on their own; both shall sup-

port each other against those who commit aggression against the signatories of this covenant; they shall sincerely advise and consult each other and be faithful to each other without any wrongdoing.

8. No one shall offend his ally; the wronged shall be supported.9. No woman shall be sheltered except with the consent of her family.10. If ever an incident takes place or a dispute erupts between the signatories of this cov-

enant and it is feared to lead to discord, the matter shall be referred to Allah and His Messenger.Allahisthebestwitnessofthepietyandbeneficenceofthiscovenant.

11. They shall support each other against anyone making a raid on Yathrib.12. Whenever they are called to make peace and live peacefully, they shall do so; should

they too call to the same, Muslims shall be obliged to do so, with exception of anyone whofightstheirreligion.

13. Every group of people shall have their portion reciprocally.14. The Jews of Aws and their allies are entitled to the same as that of the signatories of

thiscovenant;beneficenceisunlikeasin–whosoevercommitsitcommitsitagainsthisownself.Allahisthewitnessoverthesincerityandbeneficenceofthiscovenant.

15. This covenant shall not come in the way of punishing a tyrant or a guilty; whosoever goes out shall enjoy safety; whosoever stays home at Medina shall also be safe, except he who aggrieves or offends. Surely Allah is the protector of those who are truthful and pious.90

The covenant plainly laid emphasis on religious freedom stating that Muslims have their own religion and Jews their own. When some of the Supporters (Muslims of Medina) tried to force some of their clansmen who turned Jewish to revert back to Islam, Allah revealed, “Let there be no compulsion in religion.”(Al-Qurān,2:256).

90Fortextofthecovenant,pleasereferto“Majmoo’atAl-WathāiqAs-Siyāsiyah”byMuhammadHamēdullah–Beirut,1389Hijra–P:41-47/As-Seeratu An-Nabawiyah As-Saheehah by Akram Al-’Umari – Qatar, 1411 Hijra – P: 282-285. (Paraphrased from the authentic sources. The original document is called Saheefah, in the books on biography on the life of the Messenger and on history).

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One of the clauses of the Covenant of Medina stated, “To Jews is their religion and to Muslims is their own religion; they and their allies alike (shall be safe) except he who transgresses against himself and sins, such a person shall harm none but himself.”91Thedocumentalsoemphasizedonpersonalresponsibilities in light of the Divine saying, “no bearer of burdens can bear the burden of another.” (Al-Qurān,6:164).

Sanctity of the covenant aside, the Jews did not honor it in text nor in spirit. They contravened their pacts with the Messenger of Allah (pbuh) and as a result of their treachery they got their due.

So far as other tribes – the Quraish being the foremost – and the believers of other religions surround-ingthestateofMedinaareconcerned,theydidnotrecognizeitsexistence.Withallmeansattheirdisposal, they fought it tooth and nail to wipe it out. Hence the relation with them could not be cordial or cooperative. On the contrary, it was a relation of hostility, war and enmity. In spite of all that Islam successfully nurtured its believers to adhere to justice and equity. It was quite natural for this faith basedstatetodefenditselfasthefirstrevelationconcerningrulesofJihādimpliedtheinevitabilityof the spirit of defense. It stated, “To those against whom war is made, permission is given (to fight), because they are wronged;- and verily, God is most powerful for their aid.”(Al-Qurān,22:39).

ThesubsequentversementionsthejustificationsforJihādandcombatfortheirbeingsubjectedtotyrannyandbeingdrivenoutfromtheirland.Hencetheyarejustifiedindefendingthemselves,inrepelling the transgression and in defending their faith and places of worship – including even the places of worship of non-Muslims. The verse reads, “(They are) those who have been expelled from their homes in defiance of right,- (for no cause) except that they say, “our Lord is God”. Did not God check one set of people by means of another, there would surely have been pulled down monasteries, churches, synagogues, and mosques, in which the name of God is commemorated in abundant mea-sure. God will certainly aid those who aid his (cause);- for verily God is full of Strength, Exalted in Might, (able to enforce His Will).”(Al-Qurān,22:39).

Obviously, war in the eyes of Islam is an exigency imposed by others. Islam does not resort to war ex-cept when all peaceful ways are blocked, when the channels of calling others to Islam are obstructed orwhentheauthorityofitsstateisnotadmittedthroughthegestureofpayingJizyah.Asmentionedpreviously,Jizyahisdenotedparticipationofthenon-Muslimsinshoulderingtheresponsibilitiesofpeaceandcitizenship,whileMuslimsthemselvespaymuchhigherfinancialduesintermsofZakātetc.Inotherwords,Muslimsdonotinitiateanywaragainstothers,butfirstproposestheCalltothem;iftheaddresseesaccepttheCall,wellandgood,elsetheyoughttopayJizyahasagestureofpeaceand reconciliation.

ThisspiritwithitssublimesignificanceisvindicatedbytheTreatyofHudaibiyahwherebytheMes-senger of Allah (pbuh) accepted a number of conditions which were obviously tyrannical and op-pressive, but irrespective of that he said, “By Allah, whatsoever proposal Quraish may put before me seeking to brace the bond of kinship, I will grant it to them.”92 Even more marvelous is that Allah the Almightylabeledthetreatyas‘manifestvictory’andrevealedawholechapteroftheQurān(namedVictory).TheHolyQurānhasreiterateduponthesoundnessofthisapproachinmorethanoneverse,for example, “But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in God: for He is One that heareth and knoweth (all things).”(Al-Qurān,8:61).

91 Ibid. 92NarratedbyBukhāri(FathulBāri):(5/329)

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Majorityofthejuristsbelongingtotheforemostschoolsofjurisprudence(Hanafi,Māliki,Shāfa’eiand Hanbali) underline the inevitability of the need to calling to Islam before declaration of war.93 They base this inference on the divine saying, “No bearer of burdens can bear the burden of another: nor would We visit with Our Wrath until We had sent an apostle (to give warning).” (Al-Qurān,17:15). The approach of the Messenger of Allah (pbuh) was based on the same principle and when he deputed his companions on a mission, he used to spell this code, even regarding the case of polythe-ists. He is reported to have said, “When you meet with your enemy from amongst the polytheists, call them to one of the three qualities; if they respond to that positively, do accept that and hold back from them. Then call them to Islam”94

InfactIbn’Abbas-thefirstinterpreteroftheQurān–(mAbpwh)hasunequivocallysettledthisissueby reporting that, “The Messenger of Allah (pbuh) never combated any people without having called them to Islam.”95

SofarastheraidagainstBani-Al-Mustalaqisconcerned,scholarshavejustifieditbysayingthattheraid was carried out against them because they initiated the aggression by preparing to invade the state of Medina although the call of Islam had already reached to them.96

Pacts and Agreements of the Messenger of Allah (pbuh) With Christians and Jews:In addition to the aforementioned Covenant of Medina that was approbated by the Messenger of Al-lah (pbuh) to detail the relation between him and the Jews – which represented situation of peace – andacknowledgedallthelegitimaterightsofcitizenship,healsoratifiedquiteafewotherpactsandagreements with Jews as well as Christians. Some of those are:

ThepactconcludedwiththeChristiansofNajrānuponhisreturnfromthebattleofTabukintheyear9Hijri.Thepactsignifieshigheststandardofjustice,tolerationandfreedom.Itgrantedfreedomofbelief and protection to them and safeguarded their interests. Nothing was imposed upon them except amodestJizyahpayableinkind.97Amongotherterms,itincluded:“Najrānandtheircollateralrela-tivesareundertheprotectionofAllah…Whosoeverfromamongstthemseeksarightshallhaveequi-ty; they shall not wrong nor shall they be wronged. None of them shall be punished for a transgression of another. The content of this charter is safeguarded with guarantee in the name of Allah provided for good by His Messenger as long as they remain faithful and honest to what they have undertaken.”98

The Messenger of Allah (pbuh) granted this pledge and protection to the Jews in spite of their treach-eryatthetimeofinvasionofAhzābagainstMedina.SometimeaftertheassaultonKhybar,hewroteto a number of Jewish communities living in the northern areas of Arabian Peninsula. Among such communications was the one with Bani Junbah of Miqnah that falls in the vicinity Aylah near the Gulf of ’Aqabah, wherein he wrote, “As for now, your emissaries had stopped over with us and they are re-turning back to your place. When this letter of mine reaches you (through them), you stand protected, you are safeguarded with guarantee in the name of Allah provided by His Messenger. The Messenger

93PleaserefertoMajma’uAl-Anhār(1/635);Ash-SharhuAl-KabeerwithDasuqi(2/176);RawdhatuAs-Saliheen(10/239);Al-Mughni–IbnQudāmah,(10/379)94Muslim–KitābAl-Jihad:(3/1357)95MusnadAhmad:(1/231);As-SunanAl-Kubrā:(9/107)96Muslim–KitābAl-Jihad:(3/1356);SeeratIbanHishām:(3:228)97ImādudDeenKhaleel–DirāsatunFeeAs-Seerah,Beirut199798At-TabaqātAl-KubrābyIbnSa’d–(2/1/36,84-85);FutoohAl-Buldān–Balāzuri,Cairo–1957(1/76-78);TareekhAl-Ya’qoobi,Najaf–1964(2/17-72);ImādudDeenKhaleel–Al-M’arifahMagazine–IssueNo:33-34,2003

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of Allah is forgiving you for your misdeeds. You shall not be aggrieved nor treated unjustly. The Mes-senger of Allah shall safeguard you against what he safeguards himself against. To you is the produce of your date palms. If you listen and obey, it shall be binding on the Messenger of Allah to honor your honorable and to forgive your wrongdoer. There shall not be an Emir appointed to you but from amongst you or from amongst the companions of the Messenger of Allah.”99

LikewisewasdonetowardstheJewsofBaniGhadiyā,HarbāandAzrah.100 “This is how he managed to transform these ghettoes of the Jews to clusters of citizens of the Islamic state. They paid to it what was prescribed to them in the form of capital taxes or in kind. They took protection under its power and authority and enjoyed its justice and toleration. There are a number of accounts and historical texts which signify that after the assault on Khybar, the Messenger of Allah (pbuh) used to deal with the Jews with the spirit of toleration to the extent that he asked his envoy Mu’az Bin Jabal, “not to lure away the Jews from their Jewry.” Jews of Bahrain were dealt with the same spirit of toleration. They too were not required of anything except payment of Jizyah. They remained holding fast to their ancestral creed.’’101

Thomas Arnold, in his famous book ‘The Preaching of Islam’ infers that Islam starts off from the con-victionofinevitabilityofdifference(basedonverses118and119oftheChapter11oftheQurān)102 leading totheacceptanceoftheOtherandtoprotecthim;thatJizyahisnothingbutatokenofacceptanceoftheOther,recognitionofhiscitizenshipandobligatinghimtopayhisfinancialduesagainstenjoyingpeace and security.” Since this book (‘The Preaching of Islam’ by Thomas Arnold) contains analysis substantiated with authentically documented evidence about Islam’s strategy for dealing with follow-ers of other religions, we shall excerpt from it to convey our perspective:

“When the people of Heirah submitted the dues they had agreed to pay, they mentioned frankly that theyhadpaidtheJizyahontheconditionthatthey(Muslims)andtheirEmirshallprotectthemfromanytransgressionfromMuslimsaswellasfromothers.KhalidBinWalēd(mAbpwh)didlikewisewhen he signed a pact with the people of the towns around Heirah. History registered his famous statement to them, “If we are able to protect you, we shall have the Jizyah, otherwise no.”

The forthright acknowledgement of Muslims of this condition can be substantiated with the incident thattookplaceduringthecaliphateofOmarIbnAl-Khattāb(mAbpwh),whenHercules,theemperorof Rome, deployed a huge contingent of his forces to repulse the Muslim advance; Muslims had to focus all of their military activity towards the encounter in waiting.

When Abu ’Obaidah – the commander of Muslim forces - came to know this, he wrote to the admin-istratorsoftheconqueredlandsinLevantrequiringthemtoreturnbacktheJizyahcollectedfromtheir cities. He wrote to the people, “we are returning back the dues collected from you; what has been collected on our behalf from the people, has come to our notice. Since you have conditioned on us protecting you and (at this stage) we are not able to protect you, we are returning to you what we had collected from you; however, if Allah grants us victory over (Romans), we remain committed to our promise and to what was agreed between us.” Thus huge amounts of money were returned back 99At-TabaqātAl-KubrābyIbnSa’d–(1/2/28-30)100Ibid.;ImādudDeenKhaleel–DirāsatunFeeAs-Seerah,Beirut1997101ImādudDeenKhaleel–Al-M’arifahMagazine–IssueNo:33-34,2003;ImādudDeenKhaleel–DirāsatunFeeAs-Seerah,Beirut1997-(P:358)102 “If thy Lord had so willed, He could have made mankind one people: but they will not cease to dispute. ExceptthoseonwhomthyLordhathbestowedHisMercy:andforthisdidHecreatethem:andtheWordofthyLordshallbefulfilled:«Iwillfill Hell with jinns and men all together.»’’

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from the state treasury. Upon this the Christians prayed for the Muslim commanders saying, “May God bring you back to us safely and grant you victory over the Romans. Had they (Romans) been (our rulers), they would not have returned back anything; they would rather have robbed us of everything we had.”

Calling to Islam with wisdom and astute advice is all inclusive:The message of Islam is a message of bliss and welfare and salvation in this world as well as in the hereafter. It is truly a mission of mercy for all creation because he tells His messenger (pbuh), “We sent thee not, but as a Mercy for all creatures”(Al-Qurān,21:107)

Keeping that in view, the believers of Islam are required to pass it on to others, not with coercion and violence but with a sense of mission, astute advice and wisdom, as Allah commands, “Let there be no compulsion in religion.”(Al-Qurān,2:256)and“Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious.”(Al-Qurān,16:125). Yet Allah has distinguished the people of the Book cautioning that argument with them about religious issues should be with better argument (than theirs), “And dispute ye not with the People of the Book, except with means better (than mere disputation), unless it be with those of them who inflict wrong (and injury): but say, ‘We believe in the revelation which has come down to us and in that which came down to you; Our God and your God is one; and it is to Him we bow (in Islam)’.” (Al-Qurān,29:46).Onthepracticalside,theHolyQurānreferstotheapproachthatMosesandAronwereadvised to adopt while addressing the tyrant Pharaoh – the approach of mild and easy discourse laced with wisdom, “Go, both of you, to Pharaoh, for he has indeed transgressed all bounds; But speak to him mildly; perchance he may take warning or fear (God).”(Al-Qurān,20:43-44).AndAllahtellsHis Final Messenger (pbuh), “Thou art not one to manage (men’s) affairs.”(Al-Qurān,88:22).Hetellshimthathiscallshouldbecharacterizedbywisdomandastuteadvice.

3.4 Applied Diplomacy in Peace Time:Islam seriously aspires for maintenance of peace and security and adherence to treaties and covenants signed between the state of Islam or Muslims and others, as individuals and as groups. A number of explicit textsseekstrictadherencetocovenantsandfulfillmentoftreaties.Allahsays,“O ye who believe! fulfill (all) obligations.” (Al-Qurān,5:1)and“and fulfill (every) engagement, for (every) engagement will be enquired into (on the Day of Reckoning).”(Al-Qurān,17:34).

Fulfillmentoftreatiesandcovenantsisoneofthebasiccharacteristicsofthefaithful,whereasbreachand infringement thereof is deemed to be a trait of hypocrites. Allah describes the righteous believers as, “Those who faithfully observe their trusts and their covenants.”(Al-Qurān,23:8).

InnowaydoestheHolyQurānallowtheIslamicstatecommitabreachortransgressagainstanon-Islamic state with which it is bound with agreements or treaties as long as they do not commit any breach or treachery.

Twenty verses (55th to 75th) of the 8th Chapter (Al-Anfâl) – which is one of the last revealed chap-tersoftheHolyQurān-portraytheclearpictureofexternalrelationsbetweentheIslamicstateandthestates,groupsandblocsaroundit.Thechoiceofratificationofagreementsforpeacefulcoexis-tence with various entities has been established as long as it is possible to safeguard such agreements against breach and are seriously upheld and truly honored103. This is substantiated through the fol-lowing concepts:

1. Obligation of upholding the agreements: Allah says, “O ye who believe! fulfill (all)

103SayyidQutb-FeeZilālAl-Qurān–DarAsh-Shrooq,Cairo–(3/1539)

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obligations.” (Al-Qurān, 5:1). It is essential to safeguard the agreements and cov-enants from breach and infringement. Allah says, “For the worst of beasts in the sight of God are those who reject Him: They will not believe. They are those with whom thou didst make a covenant, but they break their covenant every time, and they have not the fear (of God).”(Al-Qurān,8:55-56).

2. If the Islamic state having an agreement with other people fears their treachery, it has to formally renounce the obligation; it cannot contravene unilaterally without having notifiedthem,becauseAllahdoesnotlikethetreacherous.Islamwantsagreementstobe honored, accords to be safeguarded and covenants to be adhered to; if the other par-tydoesnotupholdtheagreementandinsteadoffulfillingtheobligationsshowsatraitof treachery and deceit, even the Muslims are not allowed to pay for the treachery with a treachery or a betrayal with a betrayal from their side; they, rather, have to declare it to them, renounce the agreement or grant them another chance. Allah says, “They are those with whom thou didst make a covenant, but they break their covenant every time, and they have not the fear (of God). If ye gain the mastery over them in war, disperse, with them, those who follow them, that they may remember. If thou fearest treachery from any group, throw back (their covenant) to them, (so as to be) on equal terms: for God loveth not the treacherous.”(Al-Qurān,8:56-58)ThisishowIslamraisesthehumankindhightothehorizonsofhonoranduprightnessandascendswiththemtotheheights of peace, tranquility, stability and fearlessness from turbulence and treachery.

3. Need for preparedness with strength so that the enemies of the Islamic state do not envisage being covetous due to what is called deterrence in contemporary terminol-ogy. Allah says, “Against them make ready your strength to the utmost of your power, including steeds of war, to strike terror into (the hearts of) the enemies, of God and your enemies, and others besides, whom ye may not know, but whom God doth know. Whatever ye shall spend in the cause of God, shall be repaid unto you, and ye shall not be treated unjustly.”(Al-Qurān,8:60).

4. If the adversaries incline towards peace, the state should opt for peace by putting trust in Allah, “But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in God: for He is One that heareth and knoweth (all things).” (Al-Qurān,8:61).

5. Dealing with others should not be based on skepticism and suspicion. That is why the HolyQurānemphasizesontheneedtooptforjustpeaceandencouragesinclinationtowards it even with a fear of treachery as long as the Nation remains strong and com-petent of deterring the aggression. Allah says, “Should they intend to deceive thee,- verily God sufficeth thee: He it is That hath strengthened thee with His aid and with (the company of) the Believers.”(Al-Qurān,8:62).

6. Need for establishment of solemnity of Islam, of strong will and lasting preparedness to protect the nation, not of ferociousness, because Allah does not like the transgres-sors.

7. Need for emphasis on the principle of loyalty amongst the faithful complemented with loveand solidarity in the faceof loyaltybetween the infidels.TheMuslimNationshould not remain disunited and ragged while their enemy is united and darts at them fromasinglebow.ItisafflictingthattheMuslimsfailtograsptheimperativeprin-ciple of mutual loyalty. Allah says, “The Unbelievers are protectors, one of another: Unless ye do this, (protect each other), there would be tumult and oppression on earth, and great mischief.”(Al-Qurān,8:73).

8. Those whose agreements and guarantees cannot be relied upon and whose viciousness is apprehended, their due reward is intimidation and severe retribution till they give up

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their wicked deeds.9. Necessity of establishing relations on the basis of explicitness, safeguarding treaties

and covenants, and renunciation of treachery and Machiavellian deceitfulness. Sayyid Qutb puts it thus, “Islam aspires to elevate the humankind; it wants the humankind to be chaste and virtuous so that it does not legitimize betrayal to triumph. Islam strives for superior goals and noblest objectives. Islam does not allow the use of mean means with intention of achieving noble ends. Islam abhors treachery and despises the treacherous who disregard their vows. Hence Muslims must not disregard the trust behind an agreement in order to achieve a goal whatsoever noble that may be. Human personality is a single unit that cannot be partitioned; when someone deems mean means permissible for himself, it will not be possible for him to stand guard for a noble cause. One who justifies means with ends cannot be a perfect Muslim; such a norm will be strange to the Islamic conscience as well as to Islamic sensitivity.”104

10. The evidence of the fact that Muslims honor their agreements with others is that if some Muslims, who were not able to join the Islamic state, turn to it for help, it is bound to help them with the condition that supporting them does not violate any of its agreements with the concerned entity even if it were to be tyrannical on those Muslim personnel regarding their religion and belief. Allah says, “As to those who believed but came not into exile, ye owe no duty of protection to them until they come into ex-ile; but if they seek your aid in religion, it is your duty to help them, except against a people with whom ye have a treaty of mutual alliance. And (remember) God seeth all that ye do.”(Al-Qurān,8:72).

3.5 Non-Muslim Rights in Islamic TerritoriesIn light of the methodology adopted in this study (i.e. the Methodology of Jurisprudence of Diligence and Equilibration), the status and rights of non Muslims in the circumstances of war differ from their status and rights in times of peace. Hence we can say the following:

Firstly:Thenon-MuslimswhohavebeenlivingintheMuslimcountriesforgenerationsarecitizenswithlegitimaterightsofcitizenshipanduponthemareduties.Thereisnoexceptiontothisexceptwithagenuineanddefinitivetextorwithwhatmayberelatedtothespecialrightsbasedonbeingthereligious majority or the religious minority.This exception is considered reasonable even according to the modern political system, some or most of which (in Europe and the West) insist, for example, that the head of state must be a Christian. Hence the condition that the head of the state must belong to the religion of the majority is genuine, reasonable and being applied even in modern democracies. This is because such exceptional condi-tions do not affect the essence of the principle of equality of rights and responsibilities and, certainly, donotaffecttherightsofcitizenshipintheirfoundationsorrudiments.This is denoted by the following:

1. The Covenant of Medina – or the First Constitution of Medina – granted the rights of citizenshipandreligiousfreedomalongwiththerightofalliancewithanyoneexceptwith enemies.105

2. The general principle regarding rights of the non-Muslims under Protection is that, “Tothemiswhatistous;uponthemiswhatisuponus.”AliibnAbiTālib(mAbpwh)hasputitthus,“SincetheyacceptedpayingJizyahsothattheirpossessionsarelikeour possessions and their life is like ours.”106

106Badā’iuAs-Sanā’I(6/111);Al-QawāneenAl-Fiqhiyah(p:105);Al-MazhadbySheerāzi(2/256);Al-AhkāmAs-SultāniyahbyAl-Māwardi– P:247; Al-Mughnee (8/445). 104SayyidQutb-FeeZilālAl-Qurān–DarAsh-Shrooq,Cairo–(3/1542)105AbdulQadir’AwdahhascalledtheProtectednon-Muslimsas“CitizensHoldingIslamicNationality”(seehisbook“IslamandCriminalJustice);

Dr.AbdulKareemZaidan–AhkāmuAz-ZimiyeenwaAl-Musta’mineenFeeDāriAl-Islam–P:63-66;Dr.J’afarAbdAs-Salam–’IlāqatuAd-DuwalAl-IslamiyahbiAd-DuwalAl-Ukhrā–P:17(SubmittedtoInternationalAcademyofIslamicJurisprudence,17thSession).

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3. What Islamhas imposedon theProtectednon-Muslims in the formof Jizyah andcapitation,fallsunderthepurviewoftherightsofcitizenship.

Itisworthcautioningthattheterm“AhluAz-ZimmahortheProtectednon-Muslims”denotes that that they are under covenant and responsibility of Allah guaranteed by His Messenger (pbuh).

Secondly: Scholars, past and contemporary, belonging to various schools of jurisprudence, have recounted these rights in detail and the books of jurisprudence elaborate them at length. Among those who have substantiated these rights with textual evidence from theHolyQurānand theTraditionof theMessengerofAllah (pbuh)areDr.AbdulKarēmZaidānandDr.YusufAl-Qaradāwi107. Let’sbrieflysummarizebelowwhatthey have said:

1. It is an obligation of the state to protect them from external aggression, defend them and rescue their prisoners. Scholars are unanimous on the need of deployment of forc-esforcombatingthosewhomayfightthem[theprotected]eveniftheywerescatteredas individuals at various places108.AccordingtoAl-Qurāfi,“Formally undertaking the responsibility of Az-Zimmah (Protecting the non-Muslim citizens) imposes upon us responsibilities towards them, because they are then sheltered and guarded by us; they come under the shield of Allah, His Messenger (pbuh) and the religion of Islam. Whosoever commits aggression against them, even with a verbal abuse or backbiting against any one of them, or harms them in any manner or becomes accomplice in that, his action amounts to squandering the custody granted by Allah, His Messenger (pbuh) and the religion of Islam. Likewise has Ibn Hazm mentioned (in his Marātib Al-Ijmā’): when someone comes under the protection and invaders invade our lands seeking him, we become obliged to deploy for combating the invaders with all given ability in personnel and arms and to fight till death in order to secure the one who is under the shelter of Allah and His Messenger (pbuh).”109 There are many instances of when the Islamic state rejected the offer of the Muslim prisoners being released unless the prisoners from amongst the Protected were also released.110

2. Ensuring for their six necessities and their needs. In that they are just like Muslims. Jurists are unanimous on this justifying this with the fact that the Protected, as a con-sequenceofthedeedofprotection,becomethelegitimatecitizensoftheDārAl-Islam(the Islamic state). Hence it is obligatory to provide protection for their lives, their honors and their possessions to the extent that the state must protect what they con-sider their wealth (according to their perception), for example their alcoholic bever-ages and their pigs. On the other hand if these belonged to a Muslim they must be destroyed. However if a Muslim destroys the alcoholic beverages or kills the pigs belonging to the Protected non-Muslims, he must be made to compensate for the loss. 111

The state must ensure their religious freedom, their possessions and their honors, in this they are just like Muslims. The Messenger of Allah (pbuh) says, “He who murders a someone with whom there is a covenant, he shall not get a whiff of the fragrance of

107Dr.AbdulKareemZaidan–AhkāmuAz-ZimiyeenwaAl-Musta’mineenFeeDāriAl-Islam;Dr.YususfAlQaradhawi–GhairAl-MuslimēnFee Al-Mujtma’ Al-Islami 108MatālibuUliAn-Nuhā(2/602-603)109Al-Furooq–DāruAl-Ma’rifah–Beirut(3/14-15)110YususfAl-Qaradhawi–GhairAl-MuslimēnFeeAl-Mujtma’Al-Islami–P:10111ThisisthestandofthepositionoftheHanafiSchoolofIslamicjurisprudence.PleaserefertoBadā’iuAs-Sanā’I(5/143);JawāhirAl-Ikleel

(1/470);HāshiyatAl-Jumal(3/481);Al-AhkāmAs-SultāniyahbyAl-Māwardi–P:145;Al-AhkāmAs-SultāniyahbyAbuY’alā–P:143;Al-Mughnee (5-223).

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the paradise although its fragrance can reach the walking distance of forty years.”112

Somejurists,includingthosefromtheHanafiSchool,areoftheviewthataMuslimis killed if he kills a Protected. This is the opinion of scholars like Ash-Sh’abi, An-Nakha’ei,IbnAbiLailāandOthmānAl-ButtibasedonthenarrationofAliIbnAbiTalib(mAbpwh)andOmarBinAbdulAziz(mAbpwh),and thiswas theprevalentstandduringmostperiodsoftheAbbasidandOttomanrule.AccordingtotheMālikiSchool, the killer of a Protected is killed through assassination.113

3. Dealing with them with justice and protecting them from oppression with all its types and forms. This is denoted by all the texts which imply the sweeping obligation of governance and dealing on the basis of justice and of forbiddance from oppression, as wellasbythetextsspecificaboutthepeopleunderprotection,forexamplethesayingof the Messenger of Allah (pbuh), “Behold, he who commits oppression against some-one under covenant or violates his right or obliges him with something beyond this capacity or takes away something from him against his free will, I shall plead against him on the Day of Judgment..”114

The Rightly Guided Caliphs and others after them took a great care of warding off injustice from them. Caliph Omar Ibn Al-Khattab (mAbpwh) was so serious on this is-sue that he would make it a point to enquire about them (the protected) from those who came from far away Muslim lands under his caliphate. The reply he used to get, “we know of nothing except faithfulness.”115Al-BukhārihasnarratedthroughJuweriyahBin Qidmah At-Tamimi saying, “I heard Omar Ibn Al-Khattab (mAbpwh). I asked: O the Commander of the Faithful, advise us. He said: ‘I advise you about [those who are under] the protection of Allah and of His Messenger (pbuh); the obligation to them must be fulfilled, they must be fought for from behind them [to safeguard them] and they must not be obliged with what is beyond their capacity.”116

4. Ensure social solidarity with them in cases of poverty, disability and old age. If a (non-Muslim)citizenbecomespoor,disabledorgrowsveryold, thestatemustnotleave him for humiliation or deprivation; he must, rather, be treated justly, protected andensuredadignifiedlife.Thisisnothingnovelorcontemporaryofourtimes;infact,duringthecaliphateofAbuBakrAs-Siddīq(mAbpwh)hewrotetothelegendarycommandersKhalidIbnAl-WalēdregardingthepeopleofHeerahinIraq,whohap-pened to be Christians, “It is hereby decreed: any aged person turning unable, or af-flicted with an affliction, or impoverishing after having been rich, or when the people of his own religion start spending on him, his Jizyah must be written off, he and his dependents must be supported from the treasury of the Islamic state as long as he stays within the Land of Migration or within the Islamic state.”117

AbuYusufandothershavenarratedthatOmarIbnAl-Khattāb(mAbpwh)passedbythe gateway of some people. There was a needy very old blind man seeking alms. Omar stroked his upper arm from behind saying, “Which sect of the People of the

112NarratedbyAhmadandBukhāri–BookofJizyah(FathulBāri)–(6/269);Ahmad(5/46,277,283).113HashiyahbyIbn’Ābideen(3/249);Al-Badāy’e(7/236);Al-Muhazzab(2/185);Al-Kharshi(8/3-6);Al-Mughni(7/652).114NarratedbyAbuDawood–Sunan–(3/437)–HadīthNo:3052;Al-Iraqi–TanzeehuAsh-Shareeah(2/182);Baihaqi–SunanAl-Kubrā(5/205)115 Tareekh At-Tabari (4/218)116NarratedbyBukhāri-(FathulBāri)–(6/267)117Al-KharajbyAbuYusuf-editedbyDr.MuhammadIbrāheemAl-Bannā–DārAl-Islāh,P:290

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Book you belong to? He replied: ‘I am a Jew’. Omar asked: ‘What brought you to this state?’ He replied: ‘My begging for (payment of) Jizyah, my need and my old age.’ Omar held his hand and took him towards his residence and called the treasurer. He said: ‘Look at this man and his pitiable condition; by Allah, we haven’t done justice to him; how can we take advantage of his youthfulness and then abandon him in his old age!”118

ThisrepeatedinthecaliphateofOmarIbnAbdulAzēz(mAbpwh)alsoandhenceitcan be described as a sort of Unanimity (between scholars): that social security is a fundamental provision covering all members of the society – Muslims as well as non-Muslims; it is not acceptable that there be a human being destitute of the needs and requirements of life.119JurisprudentsoftheShāfi’eiSchoolmaintainthatfendingoffharmfromtheMuslimsisoneoftheSufficingObligations(Fardhual-Kifāyah)–whereasthisdoesnotincludetheProtectednon-Muslimcitizens–becausefendingoffharm from them is a Mandatory Obligation (Fardhu al-’Ain) (of the state). Fending offharmmeans:achievingsufficiencyinneedsoflife,housing,medicineandfood,not just providing with a bare existence, as is prescribed in the rules (of contemporary states).120

5. Honoring the covenants and agreements with the Islamic state: Abu Yusuf (who died in 182 Hijra) has reported that Abu ’Obaidah (mAbpwh) entered into a peace treaty with non-Muslims of the Levant on given conditions in exchange that he will provide them security and protection from the enemies. It so happened that Romans deployed a big contingent of their troops and Abu ’Obaidah (mAbpwh) feared that he would not be able to protect them in those circumstances. He wrote to his administrators of the conquered lands to return back to the people the region that had been collected from themintheformofJizyahandtributeandtoconveytothem:‘Wearereturningbackthe dues collected from you; what has been collected on our behalf from the people, has come to our notice. Since you have conditioned on us protecting you and (at this stage)wearenotabletoprotectyou…;however,ifAllahgrantsusvictoryover(Ro-mans), we remain committed to our promise and to what was agreed between us.” When this was conveyed to them accordingly, they said, “May God bring you back to us safely and grant you victory over the Romans. Had they (Romans) been (our rul-ers), they would not have returned back anything; they would rather have robbed us of everything we had.”121 Abu Yusuf adds, “When the Protected saw Muslims devoted to their obligations towards them and upright in their interest, they turned harder on the enemies of the Muslims than the Muslims themselves were on the enemies. (It is reported that) non-Muslims of every city - with whom Muslims had signed treaties - sent their men for spying on Romans, their state and their intentions…”122

6. Preservingtheirfreedomofreligion:Inmanyofitsverses,theHolyQurānhasem-phasizedupon thefreedomof religionandshunningcoercionfor forcedentry intoIslam, for example: “Let there be no compulsion in religion: Truth stands out clear from Error.”(Al-Qurān,2:256)and“The truth is from your Lord”: Let him who will believe,andlethimwhowill,reject(it).”(Al-Qurān,18:29)“will thou then compel mankind, against their will, to believe!”(Al-Qurān,10:99).Althoughwehavealreadydealt with this subject above, the point we want to make here is that the agreements

118 Ibid. P: 259119YususfAl-Qaradhawi–GhairAl-MuslimēnFeeAl-Mujtma’Al-Islami–P:17120NihāyatAl-MuhtājSharahuAl-Minhāj(8/46)121 Al-Kharaj by Abu Yusuf - P: 282-283122 Ibid. P: 282

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and pacts that were signed between the Muslims and non-Muslims with the scope of peaceandJizyaharenothingbuttoemphasizethatthenon-Muslimsshallrespectthesentiments of the Muslims, the inviolability of their religion and shall not provoke them nor spur disturbance.123

TheFair-mindedamongsttheOrientalistsandWesternthinkershavetestifiedtothisextent of freedom of religion, which is unparalleled in history, for instance Gustave Le Bon says, “We have found through the Qurānic verses mentioned above that the tol-eration of Muhammad towards Jews and Christians was magnanimous; like that was never said by the founders of the previous religions especially Judaism and Christian-ity. We shall also see how his caliphs followed his tradition. This has been acknowl-edged by several European scholars…”124

7. Freedom of work, dealings, agreements and matrimony according to their belief: The general principle is that in dealings, freedom of work and earning, the Protected non-Muslims are like Muslims, but they enjoy dealing in the items that are impermissible inour religion.According toJassasAl-Hanafi,“In dealings and trade, like selling and other dispositions, the Protected are like Muslims.”125Kāsānielaboratessaying,“whatever is legitimate for Muslims in trading is also legitimate for the Protected; whatever is unlawful or immoral for Muslims to deal in is unlawful and immoral for them too, except alcoholic beverages and pigs.”126 Exemption of alcoholic bever-agesandpigs,accordingtotheHanafiSchoolof jurisprudence, isconditionalwithwhether the dealing is between the Protected; if the dealing is between them and some Muslims, than that shall be null and void.127 On the other hand majority of the juris-prudentsdonotexemptanyone.AccordingtoImāmShāfi’ei,“All the trade deals that are unlawful between Muslim are unlawful for them too. If the deal had already taken place and the items were already consumed, we shall not invalidate those transaction; If two persons from amongst them, for example, closed a deal on alcoholic beverages, but the payment was not yet made, we shall annul that deal; but if the payment had al-ready taken place, we shall not annul the deal, because it had already taken place.”128

Howeverthejurisprudents–notonlyfromtheHanafiSchool–assertthattheIslamicstate does not get involved in their deals regarding alcoholic beverages and pigs as long as these deals are mutual between them, because the spirit of the agreement on Jizyahwithnon-Muslimscallsfornoninterferencewithwhattheybelievepermissiblefor them.129 However the difference of opinion between the majority of the jurispru-dentsandthejurisprudentsbelongingtotheHanafiSchoolisaboutwhetherthealco-holic beverages and pigs should be considered as legitimate wealth for them and as a consequence thereof if a Muslim destroys it, he should be required to compensate for that and held responsible. The scholars derive this inference from what Omar Ibn Al-Khattāb(mAbpwh)wrotetohisadministrativerepresentativesinLevantforbiddingthem to accept dead carcasses, pigs and alcoholic beverages (as due collection), say-ing, “Avoid it, however assign their owners selling them and then take the value”130

These scholars endorse their marriages within their communities as per their beliefs, besides their endorsement of a Muslim male marrying a female from People of the

123Al-KharajbyAbuYusuf-P:281;YususfAl-Qaradhawi–GhairAl-MuslimēnFeeAl-Mujtma’Al-Islami–P:20124TheWesternCivilization–Translatedby:Adil–P:128125Jassās–Al-Ahkām(2/346);HashiyahbyIbn’Ābideen(3/276)126 Al-Mabsoot (10/84) 127JawahirAl-Ikleel(2/52,181);HashyatAl-Jumal(3/481);Al-AhkāmAs-SultāniyahbyAl-Māwardi–P:145;Al-Mughnee(5/223).128KitābAl-Umm(4/211)129 Ibid. ; Al-Mawsoo’atu Al-Fiqhiyatu Al-Kuwaitiyatu - (7/132)130KharājbyAbuYusuf–P:260;KitābulAl-AmwālbyAbuObaid–P:61-62

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BookinlightoftheQurānictext,“(Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time,- when ye give them their due dowers, and desire chastity, not lewd-ness, nor secret intrigues...”(Al-Qurān,5:5).

8. Holding the state positions: The Protected have the right to take up state positions with exception of those positions which have predominantly religious nature or, as men-tioned earlier, those which may be necessitated by the religion of the majority. Juris-prudents have validated their taking up charge of the ministries of executive nature131 which are dissimilar to the ministries which enjoy delegated authority. In other words, in case of the latter, the Leader of the Faithful (the Chief Executive of the Islamic state) delegates the authority to a minister to run a ministry according to his prudence. Such an authority is nearly plenipotentiary. So far as the former (ministries of the ex-ecutive nature) are concerned, they implement the orders of the Leader of the Faithful. In this sense the former include all ministries of our times, even the prime-ministers office,becausetheyaresimplyboundbythelawsandregulationsauthorizedbythestate institutions which derive their authority from the Chief Executive of the Islamic state.AccordingtoAl-Māwardi, “An executive ministry enjoys weaker authority and its stipulations are less, because the discretion and disposition lie with the Chief Ex-ecutive and his prudence. Such a minister is a link between him and the citizens and the governors; such a minster enforces and implements as directed by the Chief Ex-ecutive, enforces as ordered, notifies appointment of governors and of preparation of troops, and to him are reported matters of importance and whatever new events takes place” He goes on to say, “it is permissible that such a minister be from amongst the Protected non-Muslims.”132

Islamic History is a witness to many instances when non-Muslims were entrusted with ministries and public positions. During the Abbasid period many Christians – like Nasr Bin Haroon (who died in 369 Hijra) and Eisa Bin Qastooras (who died in 380 Hijra)133 - held ministerial positions. Accord-ing to the eminent historian Adam Mines, “Among the astonishing things is the sheer large number of non-Muslim employees – administrators, high officials and bureaucrats – in the Islamic state; Christians used to rule Muslims in the land of Islam. Complaint (by Muslims) against the arbitration of the Protected non-Muslims over Muslims is an old grievance…”134 And Sayyuti says, “Abu Sa’d At-Tastari Al-Yahudi administered the (Obaidiyah) state and a poet versified it thus:

The Jews of our time have reached, The pinnacle of their prospect Glory is with them and wealth too, From amongst them is the advisor and ruler O people of Egypt I had advised you, Turn Jewish, as the even sky turned Jewish”135

Sayyuti mentions a number of ministers who continued to remain devoted to Judaism or Christianity, like Bahram Al-Armani who became so powerful (in the Obaidiyah state of Egypt ) and earned a bad reputation.”136

131Al-AhkāmAs-SultāniyahbyAl-Māwardi–P:27132Al-AhkāmAs-SultāniyahbyAl-Māwardi–P:27-28133 Husnu Al-Muhadharah – Printed by Eisa Al-Halabi - 1389 H (2/201)134AdamMines–TheIslamicCivilization(1/118)135 Husnu Al-Muhadharah - 1389 H (2/201)136 Ibid. (2/205)

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3.6 Non-Muslim Duties in Islamic TerritoriesWe mentioned above the responsibilities of the state and Muslims towards non-Muslims (i.e. the Protected non-Muslims). Now, let us look at other side of the equation, their duties – what are their duties?

Their duties are as follows:

Firstly:Paymentofthefinancialdues(Jizyahforsoundadultmen,tributeKharājforlandandtithefortrade).ThesecouldbetermedastaxesorevenasZakāt,asmentionedearlier.137 TheJizyahcanbedroppedinthefollowingcircumstances:

1. If the Islamic state becomes unable to protect them, as detailed above.2. Their actual participation in combat and defense of the nation. According to Professor

YusufAl-Qaradāwi,“The Jizyah becomes void also by participation of the Protected non-Muslims alongside the Muslims in combat and defense of the House of Islam from the enemies of Islam. This was clearly laid down in some of the accords and covenants entered into between Muslims and the Protected during the caliphate of Omar (mAb-pwh)138. It is reported that an envoy of Abu Ubaidah made peace with a Christian community called “Jarājimah” stipulating that they will support Muslims and spy on their enemy against the dropping of Jizyah.”139

Since Christians, in our countries, participate these days in the duty of defending the nation,itisnotrelevanttotalkaboutJizyahinthiscontext.

Secondly: Abidance by the Islamic laws enforced in the Islamic state with exception of the laws re-lated to family affairs, alcohol and pigs as mentioned above.

This principle is called territoriality of law and it is applied these days in all countries of the world. In fact modern sovereign states consider it one of the pillars of their sovereignty and authority and that is why they do not allow implementation of any laws other than the laws of their lands (national laws) even within the scope of personal and family affairs. Because these laws of the lands are not the laws of Shariah, Muslim minorities in most of the non-Muslim countries suffer severely in the area of family affairs.ButtheIslamicShariahallowedthenon-Muslimcitizens(theProtected)exemptionregardingmat-ters of ‘permitted and forbidden’, worship and personal law. Actually a number of jurisprudents have endorsed allowing them to implement all their laws if they wished so.140 This endorsement is based on the divine saying, “If they do come to thee, either judge between them, or decline to interfere.” (Al-Qurān, 5:42). Imām Shāfi’ei construes that this option is regarding the reconcilers like the Jews of Medina with whom the Messenger of Allah (pbuh) signed an accord and exempted them from payment of Jizyah because they had not accepted its implementation on them. This is clear from the circumstances of the revelation and implied by the verse 43 of the same chapter: “But why do they come to thee for decision, when they have (their own) law before them?.”(Al-Qurān,5:43).Sofarasverse49isconcerned,thatreferstotheProtectednon-Muslims.ImāmShāfi’eisays,“If one of them approaches the Islamic court, the Leader of the Faithful has no choice but to implement the divine law on him (the one under covenant). Similarly if some one of them rejects to settle the dues on him to the rightful among them and as a result the rightful approaches the court seeks his right,

137Dr.AbdulKareemZaidan–AhkāmuAz-Zimiyeen–P:155138Dr.YususfAl-Qaradhawi–GhairAl-MuslimēnFeeAl-Mujtma’Al-Islami–P:35139FutoohuAl-BuldānbyBalāzuri,Beirut–P:317140Fordetailssee‘Mabda’uAr-RidhāFiAlUqoodbythisauthor(1/52-53)andothersourcesmentionedtherein

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it is obligatory on the Leader of the Faithful to pronounce in favor of the rightful irrespective of the absence or willingness of the indicted or even if he shows contempt to the verdict. It is not permis-sible whatsoever for anyone who does not submit to the verdict to stay in the House of Islam. So the verse explicitly commands implementation of the law on all, “And this (He commands): Judge thou between them by what Allah hath revealed.” (Al-Qurān,5:49).HoweverImāmShāfi’eiderivesfromthis verse provisions and goes on to say, “If a woman approaches claiming that she was divorced by her husband, I would pass my judgment on him just as I do in case of Muslims… (likewise) unlawful trade deals between them become void just as they become void between Muslims…”141

According to Ibn Al-’Arabi, “The People of the Book, if they approach our courts, it will be noth-ing but concerning an injustice, which is not justified in any law, like coercion or murder etc., which they could not settle between themselves. If there is a difference between the laws (i.e. theirs and the Shariah), the Leader of the Faithful shall exercise his discretion.”142

To sum up, we can say that the jurisprudents have differed in this regard. Majority of them (from the Hanafischool–withexceptionofAbuHanēfahhimself-,Shāfi’eischool,Ahmad’sSchoolandZa-hiria) judge that the Islamic Shariah has to be implemented on them and that the judge of the Islamic court shall pronounce execution on them. This opinion is traced to Ibn ’Abbas, Mujahid and ’Ikrimah. IncaseofoneofthenarrationsAbuHanēfahandjurisprudentsofMālikiandAhmad’sschoolinferthattheLeaderoftheFaithfulenjoysthediscretion.HowevertheMālikischoolspecifiesthediscre-tion to something that is not forbidden unanimously in religions; so far as matters of unanimity are concerned, like illicitness of fornication for example, the Leader shall implement the divine law on the perpetrator. The former opinion deserves preference over the latter, because the Protected were not guaranteed protection but after their willingness to being subject to the Islamic law. There is no contradiction between the two verses. The Verse of Discretion (5:42) is relevant to those who rec-oncile and make peace with us without an accord of Protection – just like the Jews of Medina, who reconciled to peace with the Messenger of Allah (pbuh) upon his settling down at Medina. So far as the Verse of Implementation (5:49) is concerned, it is relevant to those under covenants who will-inglysettleforpaymentofJizyahtous.Onthebasisofthis,ifsomeonefromamongsttheProtectedis produced to the court being accused of having committed a forbidden act and is found guilty and convicted, the penalty must be imposed on him. The same applies to the regulations of dealings, how-ever the matters of matrimony and matters related to the permissible in their religion are left to them. ItisestablishedbytheauthenticatedsayingsoftheMessengerofAllah(pbuh)narratedbyBukhāriand Muslim, that: the Messenger of Allah (pbuh) condemned two Jews to death by stoning for hav-ing committed fornication.143AccordingtotheAndalusianscholarIbnHazmAl-Andalusi(Died456Hijri), “He who leaves the Protected to their conventions, he follows their whims and violates the command of Allah the Almighty.”144 Thirdly: Respecting the sentiments of the Muslims and the authority of the state. They are not allowed toinsultthereligionofIslam,theMessengerofIslam(pbuh),theHolyQurānanditsprinciples;they

141AhkāmuAl-QurānbyImanShāfi’ei(2/78)142AhkāmuAl-QurānbyIbnuAl-Arabi(2/617)143AhkāmuAl-QurānbyImanShāfi’ei(2/78);AhkāmuAl-QurānbyIbnuAl-Arabi(2/617);AhkāmuAl-QurānbyJassas(434-437);TafseerAt- Tabari(6/177);KitābAl-UmmbyShāfi’ei(4/130);FathulQadeer(2/502);BidāyatuAl-Mujtahid(2/435);Al-GhāyatuAl-Quswā(2/927); Al-MughnibyIbnQudāmah(8/214)144Al-MuhallahbyIbnHazm(13/69-72)

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are not permitted to propagate their beliefs and ideologies among Muslims, drink alcohol, eat pork or display immoral acts contradicting with Islam amid Muslims.145

Superior Islamic Etiquettes for Dealing with Others:Islam does not solely depend on obligatory regulations and strict laws in its implementation of rights and responsibilities among Muslims and non-Muslims, it basically draws on the moral and doctri-nal aspect of the human personality. Islam implants in the inner self of the Muslim noble character, decency of discourse, cheerfulness, spirit of tolerance, mercy, clemency, forbearance, compassion, benevolence,beneficence,benefactiontoall,forgiveness,avoidanceofthelewd,enduranceofharm,repelling with what is better, and reciprocation of insult with kindness with capability and self-es-teem. Allah says, “Nor can goodness and Evil be equal. Repel (Evil) with what is better: Then will he between whom and thee was hatred become as it were thy friend and intimate! And no one will be granted such goodness except those who exercise patience and self-restraint,- none but persons of the greatest good fortune..”(Al-Qurān,41:34-35).TocultivatethiskindofcharacterIslamresortsto motivation of the great reward Allah has prepared for such merciful and benevolent human be-ing, “Be quick in the race for forgiveness from your Lord, and for a Garden whose width is that (of the whole) of the heavens and of the earth, prepared for the righteous,- Those who spend (freely), whether in prosperity, or in adversity; who restrain anger, and pardon (all) men;- for God loves those who do good;- And those who, having done something to be ashamed of, or wronged their own souls, earnestly bring God to mind, and ask for forgiveness for their sins,- and who can forgive sins ex-cept God?- and are never obstinate in persisting knowingly in (the wrong) they have done. For such the reward is forgiveness from their Lord, and Gardens with rivers flowing underneath,- an eternal dwelling: How excellent a recompense for those who work (and strive)!” (Al-Qurān,3:133-136).This is besides the obligation of adherence to justice in all circumstances and situations. It is worth reminding that this morality and ethicality is not exclusive for Muslims, but for the whole humankind and even for other creatures and the environment. Authentic narrations report that a widow entered thehellfireforignoringherconfinedpetcatandignoringittodie146 while another unchaste woman entered the paradise for giving water to a thirsty dog.147

Promotion of Tolerance and Clemency:A. AmongtheimportantmeansofpromotingtoleranceandclemencyisthatIslamlegitimizedfor Muslim men marrying the woman from People of the Book. Thus a Jewish or Christian woman becomes his spouse and mother of his children; her brothers become his in-laws and maternal uncles of his children; her mother becomes his deemed mother and grandmother of his children; her father becomesthegrandfatherofhischildrenandsoforth.Consequentlythereemergesabondofaffin-ityandkinshipbetweenMuslimsandPeopleoftheBook,fromwhichstemsocialrights,financialresponsibilitiesandspritofsolidarity.TheHolyQurāncommandskindnesstoparentseventhoughthey happen to strive to coerce their children to wrongdoing. Allah says, “But if they strive to make thee join in worship with Me things of which thou hast no knowledge, obey them not; yet bear them company in this life with justice (and consideration), and follow the way of those who turn to me (in love): in the end the return of you all is to Me, and I will tell you the truth (and meaning) of all that ye did..”(Al-Qurān,31:15).

145 Regarding the details on duties of non-Muslims in the Islamic State as construed by the jurisprudents, which are mostly their diligent interpreta-tions(Ijtihad)-takingintoconsiderationthespecificcircumstancesoftheirtime,pleasereferto:Al-Bināyatu’AlāAl-Hidāyah(4/840);

Al-Badāye’(7/113);JawāhiruAl-Ikleel(1/268);MughniAl-Muhtāj(4/256);KashshāfuAl-Qinā’(3/126);Al-AhkāmAs-Sultāniyahby Al-Māwardi(P:140);Al-AhkāmAs-SultāniyahbyAbuY’alā(P:144);Al-Mawsoo’atuAl-FiqhiyatuAl-Kuwaitiyatu(7/135);Ghair Al-MuslimēnFeeAl-Mujtma’Al-IslamibyDr.YususfAl-Qaradhawi–P:41-42146NarratedbyBukhāri(FathulBāri):(6/356);Muslim–HadeethNo:2619147NarratedbyBukhāri–KitābuAl-MazālimandKitābuAl-Adab–BābuRahmatinNāsWaAl-Bahāim;Muslim–HadeethNo:2245.Some

authentic narrations mention it as a man. The Hadeeth concludes with “in every live liver is reward (i.e. being merciful to any living being entitles to reward).”

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B. Similarly Islam enjoined rights even for a non-Muslim neighbor and thereby all the ethics related to righteous neighborhood in general covers non-Muslim neighbors as well.148

C. Adherence to superior Islamic etiquettes while arguing; especially about arguing with People of the Book, Allah has prescribed that they aught to be argued with means better than theirs in format, style, expression and logic. Allah says, “And dispute ye not with the People of the Book, except with means better (than mere disputation), unless it be with those of them who inflict wrong (and injury): but say, ‘We believe in the revelation which has come down to us and in that which came down to you; Our God and your God is one; and it is to Him we bow (in Islam).’” (Al-Qurān,29:46)D. Compliance with exquisite Islamic morality in dealings. In his dialogues and dealings with People of the Book, the Messenger of Allah (pbuh) observed it. He used to visit them, treat them with kindness and call on their sick. At times he even incidentally allowed them to offer their prayers in his mosque at Medina. Scholars of his biography and tradition narrate, “when a delegation of the (Chris-tians of) Najran called on him, he received them after the ’Asr (afternoon prayers) in his mosque. Meanwhile it was the time of their prayers and they stood up to offer their prayers. When people were about to hold them back (from offering their prayers inside the mosque), the Messenger of Allah (pbuh) said, ‘leave them alone’; they faced the East and offered their ritual prayers.”149

Ibn Al-Qayyim has commented on this incident saying, “in this (incident) is a (precedence of) per-mission for them to the mosques of Muslims; it makes it possible for them to offer their prayers in presence of Muslims and in their mosques too if the situation incidentally demands that.”150

Ibn Al-Qayyim goes on to say, “The purpose is to say that the Messenger of Allah continued to argue with the infidels, with their variant sects and creeds, until he breathed his last. Same was the case of his companions after him as the Holy Qurān, through verses revealed in Mecca as well as in Medina, commanded to keep arguing with them in a manner better than theirs. Even the use of sword had the purpose of making way for the convincing argument and this is how the mission was fulfilled.”151 Even a step further, the Messenger of Allah (pbuh) accepted gifts from People of the Book and hon-ored them whenever a chance occurred, to the extent that he used to stand up when a funeral proces-sion of anyone of their dead happened to pass by. On such an occasion when he was asked about the motive behind his standing up, he exclaimed, “Isn’t it a soul?!”BukhāriandMuslimhavenarratedthroughJābirBinAbdullah,“A funeral procession passed by us and the Messenger of Allah (pbuh) stood up for it and we too stood up. We exclaimed saying, ‘O the Messenger of Allah, it was the fu-neral of a Jew’. He said, ‘whenever you see a funeral procession, do stand up.”152 Bukhāri and Mus-lim have also narrated through Sahal Bin Hanēf and Qaid Bin Sa’d that a funeral procession passed by the Messenger of Allah (pbuh) and he stood up. Upon this he was asked, “It was the funeral of a Jew!” He asked back, “Isn’t it a soul?!”AccordingtoHafidhIbnHajar, “the exclamatory justifica-tion ‘isn’t it a soul?!’153 implies that this etiquette is desirable for every funeral.”154 Asthecommandhasbeennarratedbythe twomostauthenticbooksofHadīth155 through several instances, a number of jurisprudents conclude that it is obligatory. The preferred opinion is that the noble gesture is desirable, not obligatory, because yet another narration reported through Ali Ibn Abi Tālibreads,“The Messenger of Allah (pbuh) stood up and then sat down”156, wherein sitting down after getting up has been understood to imply only permissibility.157

148 Please refer to ‘Riyadhu Sualiheen – P:126 149SeeratuIbnHisham(1/573,584);SeeratuIbnKatheer(4/100,108);TafseerIbnKatheer(1/367,371);TabaqātuIbnS’ad(1/357); ZādAl-M’ād(3/629)150ZādAl-Ma’ad(3/638)151 Ibid, (3/642)157FathulBāri(3/181)

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Pivot IVMuslims Relations with Others in War

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Muslims Relations with Others in War

4.1 SubstantiationofJihādinIslam4.2PreceptsregulatingrelationsduringconflictandPost-conflicttimes4.3 Islamic principles and the international law

4.1 Substantiation of Jihād in Islam

Linguistic and doctrinal definition of Jihād in Islam:LexicallytherootofJihādisJahd,whichmeansdisgorgingallgivenintellectualandeffectualcapa-bilities and competence.158OneoftheamusingparadoxesisthatthewordJihād(struggle)andIjtihād(diligent interpretationof theprimarytexts)arederivedfromthesameroot.Thefirstone impliesstruggle and combat against enemies and evil; the second one implies struggle and combat against ignorance and retardation, accomplishment of scholarship and creativity. Both are complimentary to each other.159ThewordJahdanditsderivativeshaveoccurredintheHolyQurān41timesandnu-merously in the tradition of the Messenger of Allah (pbuh).160 From all these occurrences in the two primary texts of Islam, we can deduce the following about this subject:1. ThemeaningofJihādisnotrestrictedtocombatalone,butrepresentsstrugglewithposses-

sions, knowledge, pen and eloquence, argument and evidence, and power with all its denota-tionsandtypes;infact,intheHolyQurān,inmostoftherelatedverses,mentionofJihādwithpossessionshasprecededthementionofJihādwithperson.

2. JihādisnotconfinedtoJihādagainstassailinginfidels,butincludesJihādagainstalltheen-emies,like,forexampleagainst‘soulpronetoevil’andagainsttheSatan.JihādhasvariouslevelsstartingwithJihādagainstone’sownselfandSatanandendingwithcombatagainstthelurkingenemies.ThisiswhyIbnTaymiyahhasdefinedJihādsaying,“Jihād is to strive seeking what Allah loves and shunning what he detests…”161

3. Just as all the obligatory acts of worship in Islam have stipulations, regulations and stages, Jihādtoohasitsstipulations,regulationsandstages.

Stipulation of Jihād in Islam:SinceJihādismultifariousandhasseveraldegrees,itsprovisionsvaryrespectivetoitstype,degreeandstages.SincewearedealingwithJihādinthesenseofcombatinthecauseofAllah,thiskindofJihādhastwotypes:

Firstly: Jihād to repulse i.e. Jihād for repelling the enemies occupying theMuslim lands.Jurisprudents are unanimous over that this obligation is mandatory to every capable person by virtue of his capability and depending on his role. This is supported by numerous authentications from the HolyQurān,theHadīthandconsensusofthescholars.Evenworldlyregulationandsystemsandin-ternational laws support this and the unimpaired human nature and sound intellect corroborate it.

Secondly:Jihādofsummoni.e.Jihādtosummontheinfidelstocombat(forgenuinereasons).There has been a great deal of difference of opinion between jurisprudents on this subject. The scope of this study does not allow us to indulge in those opinions and arguments. However we shall sum-

158Pleaserefertolexiconslike:LisānuAl-Arab;Al-QāmoosAl-Muheet;Al-Mu’jamAl-Waseet159 Pleasereferto:YususfAl-Qaraddhawi–GhairAl-MuslimēnFeeAl-Mujtma’Al-Islami–P:7;Dr.AliMohiuddinAl-Qaradaghi–NadharātfeeAl-Quwwah waAl-Jihād(JournaloftheCenterforResearchonSunnah&Seerah–Vol:10,1422Hijra,P:270-272160 Dr. Ali Mohiuddin Al-Qaradaghi – Ibid.161 Al-’Aboodiyah, P: 104

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marizewhatwefindobviouslypreponderantinthisregard:

1. ThatJihādinitsbroadersenseisanobligationandshallcontinuetilltheDayofResurrection.Itcannotbeabandoned;whenevertheIslamicNationhasshunnedJihād,ithassufferedhumili-ationandfeebleness.ButJihādwhichisadutyandanobligation(whetherasSufficingObliga-tionorasMandatoryObligation)inIslam,isthecomprehensiveJihādthatincludes‘preparingthe strength’ (with all its comprehensiveness covering morale as well as material aspects) and struggling with all given capabilities (with possessions, pen, knowledge and media) besides being ready to scarify the self - upon existence of the prerequisites and the requirements. Such Jihādisneitheranoutragenoraggressionagainstothers,buttowardoffanddetertheaggres-sors.

2. Jihād–inthesenseofcombat–is,initsessence,todefendtheIslamicNationincludingitsreligion, dignity, land, wealth, sovereignty and awe.

3. Strength in Islam has not been desired for aggression, tyranny or outrage against others but to defend justice, religious freedom, places of worship and the downtrodden. This is substantiated bymanytextsandwehaveseenthattheHolyQurānseekspreparationofstrengthtopreventbreaking out of wars. As mentioned earlier, this is what is known these days as strategic deter-rence.TheveryfirstverserevealedregardingJihādbearsthedenotationtodefendingjustice,places of worship and freedoms, and warding off oppression and savagery. The verse (and its subsequent verse) read: “To those against whom war is made, permission is given (to fight), because they are wronged;- and verily, God is most powerful for their aid;- (They are) those who have been expelled from their homes in defiance of right,- (for no cause) except that they say, “our Lord is God”. Did not God check one set of people by means of another, there would surely have been pulled down monasteries, churches, synagogues, and mosques, in which the name of God is commemorated in abundant measure. God will certainly aid those who aid his (cause);- for verily God is full of Strength, Exalted in Might, (able to enforce His Will).” (Al-Qurān,22:39-40).

4. All nations and civilizations, from ancient tomodern,were not established except throughstrengththatnurturedanddefendedthem;nationsandcivilizationsshallnotendurewithoutthe strength to protect and reinforce them. History has never witnessed emergence of a global civilizationorempowermentofafeeblenationthatwasnotcapableofprotectingitselfandits achievements. Today we see the United States spending hundreds of billions of dollars on itsmilitarymight;itspendsevenmoretomaintainitsscientificsuperiority.Previouslyitusedto be in a never-ending tussle with the Soviet Union (USSR) until it overpowered it with its scientific,economicandtechnologicalsuperiority.HenceIslam’sstrivingforstrengthisquitenaturalespeciallyforitsbeingthereligionbasedonjustice,equityandcivilizedassertion.

5. Jihādinthesenseofarepellingcombat,isnotanopendoorforanyonewhowantstoenter.There are rules and regulations and the foremost among those are: that it should be endorsed by the people of sound judgment, deliberation, authority and those in charge of religious regula-tion. According to Ibn Taymiyah, “In matters related to Jihād, it is obligatory that guidance be sought from devout religious scholars, who are experienced in the worldly affairs of the people.”162

6. ‘InformationJihād’–fordefense,solidarity,cogencyandsubstantiation–throughpropagationof Islam using modern communication media (like printed media, broadcasting, television and internetetc.)isoneofthemostimportantkindsofJihādinourtimes.InfactitistheJihādthathasbeennamedbyAllahas‘theutmoststrenuousnessJihād’.Allahsays,“but strive against

162Al-IkhtiyārātAl-Fiqhiyah,P:309-311

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them with the utmost strenuousness, with the (Qur’an).”(Al-Qurān,25:52).InPrécis,thecon-ceptofJihādisquitevastandembraceseveryeffortmadewiththepurposeofhoistingtheflagof Islam, advocating its cause, championing its rule, propagating its mission and refuting its enemies and thwarting their military, political, economic, educational, social, and intellectual designs with all given legitimate means.

AllthisisJihādintheeyesofIslam.Wehavealreadyadducedconsiderableattestationstoitsbeingcomprehensive of all these faces of toil. It is incumbent upon the Islamic Nation to be discharging the obligationofJihādinallmaterialandnon-materialfieldsinordertobecompetenttorise,todevelopthe world in light of the divine guidance, and to liberate the humankind from oppression and deprav-ity so that the mercy and justice prevail, so that tumult and corruption becomes banished, so that the divine course is the prevailing course setting the sway.

EverytypeofJihādhasitsownmeanstoaccomplishitinitsbestmannerandcompleteform.ThemeansofarmedJihādarethematerialstrength,logisticalpreparedness,advancedordnanceindustryand sophisticated arms besides being spiritually strong and morally high. So far as paraphernalia of the intellectualJihādareconcerned, theseare latent insoundknowledge,academicnurturingandaptitude, personal talents, mental capabilities, means of expression – like books, studies, publications and multimedia – visual, written and audio etc. In fact the Messenger of Allah (pbuh) has indicated thiscomprehensivenessinmeansofJihādinhissaying,“Struggle against the polytheists with your possessions, corporeally and with your tongues.”163Asmentionedearlier,hehasratedtheJihādwithwordastheutmostJihād.Similarlyweknowthroughwhatprecededinterpretingthedivinesaying,“but strive against them with the utmost strenuousness, with the (Qur’an).”(Al-Qurān,25:52)thatitmeansJihādwithevidence,communicationandsubstantiation.

Thefact is that thecomprehensiveadvancementofanynationmaterializes throughembracingallmeansofJihād,includingmaterialandmoral,military,scientificandtechnologicalmeans.Conse-quentlywecomprehendthegreatnessofthereligionofIslam;ithaschosenthewordJihād(struggle)whichembracesallthesemeaningswhilethewordJihāditselfisaderivativeofthesamerootasofIjtihād(diligentinterpretationoftheprimarytexts),whichimpliesprimeofintellectualdevelopmentthatqualifiestheinterpretertoeduceandinferandbeingcreativeinvariousdisciplinesofknowledge.This assimilation of virtues leads to development of the world in light of the divine guidance and thereby His mercy spreads to all without exception.

4.2 Precepts regulating relations during conflict and Post-conflict timesIslamhasconstrainedthelegitimatecombatwithintheframeworkofJihādforthecauseofAllahwithconventions and regulations and thereby abrogated all sorts of combat that may not be for His cause, whatsoever the other causes might be. Fighting for booty and worldly gains, for hegemony or domi-nation of a nation or tribe, or for achieving imperialistic or economic gains etc. is illegitimate. Let us enumeratetheseconventionsandregulationsforbothwartimeandpost-conflictperiod:

Firstly: During the war and through its inferno

Theprimarytexts–theHolyQurānandtheHadīth-,themarvelouslifeoftheMessengerofAllah(pbuh) and the practical implementations during the Rightly Guided Caliphate, all denote the follow-ing:

163NarratedbyAhmad,Nasaei,IbnHabbānandHākimthroughAnas;At-TyseerbyAl-Munāwi(1/1485)

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1. Proscription of killing anyone other than those in combat. Allah says, “Fight in the cause of God those who fight you”(Al-Qurān,2:190).

2. Forbiddance of transgression even during the hostilities or actual combat. Allah says, “but do not transgress limits; for God loveth not transgressors.”(Al-Qurān,2:190).

3. Endorsement of declaration of Islamic faith by anyone who was in combat against them till that moment and faced defeat even if he had happened to have killed Muslims. The Messenger of Allah (pbuh) says, “I have been ordered to fight them till they witness that there is no God but one and only Allah and that Muhammad is the Messenger of Allah. If they do so, their blood and possessions become unimpeachable except by the right of the faith and their account lies with Allah.” 164 Allah says, “O ye who believe! When ye go abroad in the cause of God, investigate carefully, and say not to anyone who offers you a salutation: ‘Thou art none of a believer!’” (Al-Qurān,4:94).

4. Endorsement of an erstwhile enemy combatant into the fold of Islam turns his minor children too as protected by the shield of Islam.165

5. Proscription of killing the envoys, hostages whatsoever may be the nature of the country they represent.AccordingtothenarrationsofHākimandAbuDawood,Na’ēmBinMas’oudreports,“I heard the Messenger of Allah (pbuh) asking the two envoys of ‘Musailamah the Imposter’ upon reading the latter’s letter, ‘what do you two yourself say’. They replied, ‘we too say what he has said’. The Messenger (pbuh) said, ‘If it was not that envoys are not killed, I would have slashed your necks.”

6. Proscription of killing women, children, aged, monks, farm workers, laborers, tillers and those like them who do not participate in the combat. Allah says, “Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors.” (Al-Qurān,2:190).Inviewof theimportanceof thismatter, ImāmMuslimallocatedaseparatechapter(Chapter–InterdictionofKillingWomenandChildrenDuringWar)inhisSahēh.Thereinhenarrated through Abdullah that during one of the expeditions of the Messenger of Allah (pbuh) a woman was found slain; then he repudiated murdering of women and children.166 Likewise Abu Dawood has narrated through Ibn ’Abbas saying, “Do not kill decrepit nor small chil-dren.”167 Ahmad also has narrated through Ibn ’Abbas, “Whenever the Messenger of Allah (pbuh) used to send a military mission, he would say, ‘set out with the name of Allah…do not kill children nor hermits’.”168InhisdirectivetoYazēdBinAbiSufyān,CaliphAbuBakrsaid,“You will come across a people who would have confined themselves for the sake of Allah; leave them alone to what they imagine they have dedicated themselves for.”169 According to IbmMājah’snarrationfromtheMessengerofAllah(pbuh),hehascommanded:“Do not kill children or laborer.”170

7. Detestation of killing parents or relatives except for legal requirement or exigency. This is the standpointoftheHanafi,Shāfi’eiandZaidischoolsbased171 on genuine validations. Regarding the parents they refer to the divine command, “yet bear them company in this life with justice (and consideration).”(Al-Qurān,31:15).

8. ImāmMuhammadBinHasanAsh-Shaibānihasnarrated:“Hanzallah Bin Abi ’Āmir and Abdul-lah Bin Abdullah Bin Salool sought permission from the Messenger of Allah (pbuh) to slay their

164Bukhāri(FathulBari)–BookofFaith(1)165 Al-Mughni with Sharhu Al-Kabeer (10/413)166 Muslim – Book of Jihad (3/1364)167 Sunan Abi Dawood – Book of Jihad (3/371)168 Musnad Ahmad (1/300)169Ma’rifatuSunanWaAl-ĀthĀrbyBaihaqi(13/249)170SunanIbnMājah-BookofJihad(2/948)171An-NutafbySaghadi(2/710);NihāyatuAl-Muhtāj(8/64)172KitābuAs-SayrAl-Kabeer(1/106)

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fathers; he forbade them.” Subsequently he has cited some more narrations reporting someone havingslainhisfatherinthebattlefieldandtheMessengerofAllah(pbuh)havingkeptsilentabout that, which denotes that if the son did not intend killing his father but the situation or the exigency of combat called for that, he shall not bear a sin for his killing.172

9. Acts like scorching, drowning, cutting of trees etc. are prohibited except if the exigency of war demands any such thing or if it is envisaged that doing so shall lead to reducing the bloodshed.173

10. Forbiddance of the use of weapons of mass destruction (WMDs) that cause damage to noncom-batant population of women, children, animals and even to the coming generations. There is amplelegalevidencefromtheHolyQurānandthetraditionoftheMessengerofAllah(pbuh)disapproving use of WMDs. The only exception is their use as a strategic deterrence. Some of thejurisprudents,includingthosefromtheMālikischool,haveruledagainstuseofpoisoninfightagainstenemies.174

11. Forbiddanceofkillinganimals.ThefirstRightlyGuidedCaliphAbuBakr(mAbpwh)usedtoadvise the commanders of expeditions: “Do not kill even a goat or a camel, except for food.”175

12. Forbiddance of damaging the environment, like felling of trees etc., with exception of what mayberequiredpurelyforwarfare.AboutthistoothefirstCaliphAbuBakr(mAbpwh)usedtoadvise the commanders of expeditions: “Do not burn trees; do not fell the fruitful trees.”176

13. Protection and asylum. Islam has, in principle, given right to every faithful, of granting shelter toanyinfidel.ThisisattestedbyalargenumberofsayingsoftheMessengerofAllah(pbuh),for example, “with their joint protection even the lowest (among them in social status) is privi-leged.”177 Allah the Almighty says, “If one amongst the Pagans ask thee for asylum, grant it to him, so that he may hear the word of God; and then escort him to where he can be secure.” (Al-Qurān,9:6).ImāmMuhammadBinHasanAsh-Shaibānihasdealtwiththissubjectatlengthand in an extremely elegant style.178

14. Peacemaking and truce. We have mentioned in detail herein earlier the importance of peace-making and truce in light of the treaty of Hudaibiyah.

Secondly: At the end of warfare and in the event of victory of the Muslims

Islam intercede regarding the manner in which the defeated, especially the prisoners of war (POWs), mustbetreated,andcommandsbeingbeneficenttowardsthemandprovidingfortheirbasicneedsoffood,clothingandshelter.Allahhasclassifiedfeedingtheprisonersasoneofthebestmeansofbecoming closer to Him, “And they feed, for the love of God, the indigent, the orphan, and the cap-tive,- (Saying) ‘We feed you for the sake of God alone: no reward do we desire from you, nor thanks’.” (Al-Qurān,76:8-9).SimilarlyIslamintercedesimposingrespecttowardsthedeadbyburyingthemand by not demanding payment against returning the dead bodies or against burying them.

Among the marvelous examples in this regard is the stance of the Messenger of Allah (pbuh) towards the polytheists of Mecca, who had harassed him and persecuted his companions and troubled him in every possible manner for over two decades. In spite of all that he did not resort to gloating over their disgrace nor did he turn to vengeance. He, instead, asserted from the position of sublimity and exaltedness, “Go, you are exaltedness.”

173 But for deterring and warding off the enemy from aggression these acts can be permitted 174 Mawwahib Al-Jaleel (3/352)175 Ma’rifatu As-Sunan by Baihaqi (13/249) 176 Ibid.177 Mentioned earlier hereinbefore 178KitābuAs-SayrAl-Kabeer(2/420)

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Thirdly: Islamic principles and International Humanitarian Law

International Humanitarian law is a set of rules and regulations that put restrictions on use of force in stoppingthearmedconflict.Thepurposeisto:

a) Limit the effects of violence on the combatants so as not to exceed the exigencies imposed by the compulsion of war.

ThisprincipleisrootedintheHolyQurānandtheSunnah.Manytextsthereofforbidexceed-ingthelimitsandcommittingtransgressionevenwhenthewarisstillblazingandaggressionfrom the enemy has not subsided. Allah says, “Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors.”(Al-Qurān,2:190).And“and let not the hatred of some people in (once) shutting you out of the Sacred Mosque lead you to transgression (and hostility on your part). Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment.” (Al-Qurān, 5:2). And “If then any one transgresses the prohibition against you, Transgress ye likewise against him. But fear God, and know that God is with those who restrain themselves.” (Al-Qurān,2:194).And“but commit no excess: for Allah loveth not those given to excess.” (Al-Qurān,5:87).

b) Sparing those who are not directly involved in warfare.179 We have cited the guidelines set by the Messenger of Allah (pbuh) and from the legacy of the Rightly Guided Caliphs in this regard.

c) Honoring the agreements, treaties and covenants even when war has not come to an end. We have mentioned hereinabove many texts denoting this. In fact Islam goes to the extent of strong-ly encouraging to expand the scope of those who could provide shield of protection and asylum. Lets cite some texts as evidence:

•AllahsaysintheHolyQurān,“If one amongst the Pagans ask thee for asylum, grant it to him, so that he may hear the word of God; and then escort him to where he can be secure. That is because they are men without knowledge.”(Al-Qurān,9:6).

•AndHe says,“(But the treaties are) not dissolved with those Pagans with whom ye have entered into alliance and who have not subsequently failed you in aught, nor aided any one against you. So fulfil your engagements with them to the end of their term: for God loveth the righteous.”(Al-Qurān,9:6).

•TheMessengerofAllahisreportedtohavesaid,“OUmmuHāni,wehavegrantedasylumtothose you granted asylum.”180ThishappenedwhenUmmuHāniBintAbiTālibgrantedasylumto one or two polytheists. In other words he granted this right to all including women.

•Heisalsoreportedtohavesaid,“Ifamanshieldedamanforhislifeandthenkilledhim,Iacquit myself from any responsibility towards the killer even if the killed happened to be an infidel.”181

•And,“The protection of Muslims is one; (even) the lowest of them is privileged with it. He who undermines (the protection given by) a Muslims, upon him shall be the curse of Allah, the angels and all mankind.”182

179Dr.J’afarAbdusSalām–Al-QānoonAd-DuwaliAl-Insāni–JournaloftheCollegeofShariahandLaw,Al-Azharuniversity–Vol:2, 1406 Hijra – P:166180Unanimouslyagreedupon,narratedbyBukhāri–BookofJizyah–No:300;BookofPrayersofthe

Traveling-HadīthNo:336181NarratedbyBaihaqi–SunanAl-Kubrā–No:18203-KitābuAs-Sayr(9/142)–Mecca–EditedbyMuhammadAbdulQādir’Atā

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Jurisprudents are unanimous upon that sheltering by every free sensible adult Muslim, male or fe-male,isvalidaslongastheshelteringisforindividuals.JurisprudentsbelongingtotheHanafiSchoolgo to the extent that sheltering by anyone besides the leader of the faithful is valid, even if it were for a big group of people.183 4.3 Comparison between International Law and Islamic JurisprudenceTheterm“InternationalHumanitarianLaw”isafairlynewconcept.ItwasusedforthefirsttimebyInternationalCommitteeofRedCross(ICRC)inthedocumentsitpresentedtothefirstsessionoftheconference of governmental experts held at Geneva in 1971. The reason for using this new term was to project the purely humanitarian nature of the norms of war.184

In the works of Islamic jurisprudence, I have not come across this term or the term ‘International Law’, but as we have seen, Islamic jurisprudence has preceded the conventional laws by establish-ing the foundations and rudiments of the international relations and of the international humanitarian law.ButithasusedthetermJihād(struggle)andtheterm‘Sayr’(behavior/conduct/observance)inthiscontext.Greatscholars,especiallyMuhammadBinHasanAsh-Shaibāni(132–189Hijra)–whopennedamarvelousbookoffivevolumeson‘Sayr’orinotherwordsontheinternationallaw,and‘internationalhumanitarianlaw’.Heissupposedtobethepioneerinthefieldofcompilationoninternationallaw.Withhisbook(KitābuAs-SayrAl-Kabēr),hehasprecededbycenturiestheDutchjurist Hugo Grotius (1583-1645 AD) who, in his time, was named as ‘the father of international law’.

It is fair to appreciate those scholars of international law from various parts of the world who estab-lishedintheGermancityofGöttingenanassociationbythenameof“Ash-ShaibāniAssociationfroInternationalLaw.”Inhistime,therenownedEgyptianjuristDr.AbdulHamēdBadawiwaselectedas the association’s president, as was also Dr. Salahuddin Munjid – who edited the luminous book (KitābuAs-SayrAl-Kabēr)-subsequentlyelecteditspresident.185

The International humanitarian Law is a compilation of principles, conventions and procedures which provideprotectiontospecificgroupsintimesofwarandarmedconflictsandhencecoversthefol-lowing:1. LahaiConventionpassedin1899andratifiedin1907,whichregulatestherightsandresponsi-

bilities of the combatants in warfare.2. Geneva Convention, which aims at providing protection and humane treatment to the civilians

who are not involved in warfare. The convention comprises of four Geneva agreements of 1949 regarding victims of war with two additional protocols approved and appended in 1977.186

These agreements aim at guarding the human rights in circumstances of war, protecting the civilians andtoascertainwhetherthewarinitselfwasjustified,etc.WehavealreadydealtindetailwithIs-lam’s humane treatment, rather the divine approach, in these areas.

182Unanimouslyagreedupon,narratedbyBukhāri–BookofJizyah–No:3009;Muslim–bookofHajj-HadīthNo:1371183Badā’iuAs-Sanā’I(7/107);FathulQadeer(4/298);FatāwāAl-Hindiyyah(2/198);HāshiyatuAd-Dasooqi(2/186);MughniAl-Muhtāj(4/238); Al-Mughni with Ash-Sharhul Kabeer (10/434)184 Ibid.185Pleaseseetheprefaceofthebook(KitābuAs-SayrAl-Kabeer),publishedbyOrientalAdvertisingCompanyin1971(1/3)186Dr.AbdulGhaniMahmoud–Al-QānoonAd-DuwaliAl-Insāni–P:5

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Pivot VMuslim Minority Relations with Non-Muslim State

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PreludeMuch has been written on this subject in the form of books and valued research. Those who have car-riedoutagreatdealofresearchonthissubjectincludescholarslikeDr.YusufAl-Qaradāwi,SheikhFaisal Mawlawi, Dr. Taha Jabir Al-Alawani, Dr. Jamaluddin ’Atiyyah and others. Hence we shall not take up what they have elaborated. However, we shall mention a group of general maxims and comprehensive principles relevant to our subject. These can be précised in one rudiment, that is: “En-dorsement of mutual rights between the Muslim minority and the majority state.”

In this study we have already substantiated this rudiment covering all types of relations between the MuslimandtheOther.Infactthismaxim,asmentionedhereinabove,hasbeenaffirmedbytheMes-senger of Allah, (pbuh) even with regard to the relation between the Muslim and Allah the Almighty, in light of the divine guidance. A number of rights and duties ramify from this general and compre-hensive rudiment, like:

5.1 Muslim Duties in Non-Muslim StatesTheseresponsibilitiescanbesummarizedasfollows:a) Obligation of honoring the agreements and covenants that have been signed and conceded to,

except what might be contradicting with a text of categorical denotation and certitude or what is known as invariables.

ObligationofhonoringagreementsandfulfillingcovenantswithMuslimsaswellaswithnon-Muslims is amply substantiated and the scope of this study does not allow to cite all those texts. However following are some of the most explicit corroborations:

Allah says, ““O ye who believe! fulfill (all) obligations.” (Al-Qurān, 5:1) and “and fulfil (ev-ery) engagement, for (every) engagement will be enquired into (on the Day of Reckoning).” (Al-Qurān,17:34)and«Oyewhobelieve!Whysayyethatwhichyedonot?GrievouslyodiousisitinthesightofGodthatyesaythatwhichyedonot.”(Al-Qurān,61:2-3).

Allah commanded his messenger to honor even the agreement that was signed by him with the tribes who were expected to commit transgression against some of the Muslims, saying,“As to those who believed but came not into exile, ye owe no duty of protection to them until they come into exile; but if they seek your aid in religion, it is your duty to help them, except against a people with whom ye have a treaty of mutual alliance. And (remember) God seeth all that ye do.”(Al-Qurān,8:72).Theversedenotesthathonoringtheagreementstakesprecedenceoverthe rights of those Muslims who might not have migrated.187 According to the interpretation ofIbnKathēr, “If they seek your aid in religious combat against an enemy of theirs, you must; that is an obligation upon you, because they are your brethren in Islam. However if they seek your assistance against an infidel people between whom and you there is a covenant, you must not undermine the trust put in you; you must not violate your covenant with them. This has been reported by Ibn Abbās (mAbpwh).”188

Allah says, “As long as these stand true to you, stand ye true to them: for God doth love the righteous.”(Al-Qurān,9:7).

IbnKathērinterpretsthisbysaying,“As long as they hold on to the no-war agreement agreed and signed between you, ‘stand true to them, certainly Allah loves those who are righteous’. The Messenger of Allah (pbuh) and the Muslims did exactly the same and the agreement of truce with the people of Mecca was upheld until when Quraish violated the agreement and incited

187Jām’iuAl-BayanbyTabari–EditedbyAsh-SheikhShākir(20/66-70)188TafseerAl-Qur’anAl-Azeem–(2/1318)

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their allies - the tribe of Banu Bakr - against the tribe of Khuzā’a who were allies of the Mes-senger of Allah (pbuh) and killed their people within the bounds of the Sacred Mosque….”189 So far as authentically narrated sayings of the Messenger of Allah (pbuh) in this regards are concerned, these are numerous. Here are a few examples: “Signs of the hypocrite are three: when he speaks, he lies; when he promises, he does not keep his promise; when he is trusted, he betrays … (even if he fasts, offers prayers and thinks that he is a Muslim )”190 and “Four things, when these exist in a person, he is certainly a hypocrite; he who bears one of these four traits, in him is a trait of hypocrisy until he gets rid of it. These are: when he is trusted, he betrays; when he speaks, he lies; when he promises, he acts treacherously; when he disputes, crosses the limits.”191

b) Shunningabhorredactslikeswindling,lyinganddeceivingthestate,organizationsorindividu-als, because swindling, betrayal, deception, fraud and treachery are absolutely illicit in Islam.

MostscholarsoftheHadīthhaveassignedseparatechapters,intheirworks,inabhorrenceoftreachery, swindling, deception, fraud and dishonesty, wherein they have cited sayings and stances of the Messenger of Allah (pbuh) abominating these vices. Among these is the unani-mouslyagreedauthenticHadīth:“For every treacherous act there will be a banner on the day of resurrection; it will be announced: ‘this is the treachery against so and so’.”192Bukhārihasnarrated through Abu Hurairah that the Messenger of Allah said, “Allah says, ‘Three people will find me as their opponent on the day of resurrection: one of them is the one who was given in may name, yet he acted treacherously…”193

Regarding swindling, the saying of the Messenger of Allah (pbuh) is unequivocal: “He who carries arms against us, does not belong to; he who swindles, does not belong to us.”194 Hence the absolute renunciation of swindling and that those who perpetrate hideous deeds do not representthecreedofMuhammadasenvisionedbyhim(pbuh).TheHolyQurāndidnotleaveany scope for imagining that Messenger of Allah (pbuh) could swindle or deceive regarding the agreements and covenants even when the enemies committed betrayal and treachery. Allah says, “Should they intend to deceive thee,- verily God sufficeth thee: He it is That hath strength-ened thee with His aid and with (the company of) the Believers.”(Al-Qurān,8:62).

So far as lying is concerned, we have mentioned hereinabove in light of the sayings of the Mes-senger of Allah (pbuh) that it is a trait of hypocrisy. It is rather one of the grave sinful wrongdo-ingstotheextentthathecalledittobetheguideandconductorleadingtothehellfire,“Truthleads to piety and piety leads to paradise; when a man observes truthfulness, he is designated by Allahastruthful.Lyingleadstoimmoralityandimmoralityleadstohellfire;whenamankeepslying, he is designated by Allah as untruthful.195

Since uprightness, besides being a right due from the Muslim towards fellow humans, is a right owed to Allah as well, hence any transcendence against this right is considered transcendence against the rights of Allah. Besides this, any violation of the Islamic morality tarnishes the reputation of Islam and Muslims in the eyes of non-Muslims and presents a distorted image of

189 Ibid. – (2/1130)190NarratedbyBukhāri(FathulBāri):(1:83-84);Muslim:59191NarratedbyBukhāri(FathulBāri):(1:84);Muslim:58192NarratedbyBukhāri(FathulBāri)throughseveralCompanions:(10/464),(2/299)and(6/202);Muslim:1735,1736,1737,1738; Riyadhu Saliheen - P: 449-450.193NarratedbyBukhāri(FathulBāri):(4/346-347)194 Narrated by Muslim: 101, 102195NarratedbyBukhāri(FathulBāri):(10/423);Muslim:2607

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Islam, which drives them away from it instead of winning them over and bringing them into the fold of Islam. Experience shows that nobility of morals has been the catalyst to entry into Islam.TheHolyQurānrelatestheprayerofAbrahamsupplicating,«OurLord!Makeusnota(testand)trialfortheUnbelievers,butforgiveus,ourLord!forThouarttheExaltedinMight,theWise.»(Al-Qurān,60:5).Asifnon-adherenceofMuslimstosublimemoralitybecomingahurdletoothers’embracingIslamisasortoftrial.Allahforbid!

c) Abidance by the rules and regulations operative in the country of domicile as long as these do not contradict with the constants of Islam. Among these are the taxation laws, as the revenues from taxes are usually spent on common welfare.

d) Maintaining peace and safety in the society.e) Calling the people wisely to rightfulness, justice and Islam. This should be done in a calm and

purposeful manner without any provocations.f) Presenting a truly positive image of Islam and Muslims; reinforcing the spirit of solidarity,

peaceful coexistence, cooperation, integration and brotherly association.

5.2 Muslim Rights in Non-Muslim StatesThe most important of the rights of the Muslim minority that a non-Islamic state of their domicile must honor are:1. Effectuation of justice and equality, granting liberties within the framework of the law, interdic-

tion of racial notions which can damage the interests of the Muslims, respecting the sensitivities of Muslims and avoiding provoking them, banning insulting the fundamentals of all religions under any pretext, and passing legislations to protect rights of the Muslims and their religious freedom.

2. Among the important rights is the right to establish Islamic Courts competent to handle the cases related to family and personal affairs of the Muslims, and to their religious matters, as is actually the case in the Muslim countries, wherein courts special to non-Muslims have been established to handle their cases falling in the above categories.

In this regard we must appreciate the positive step taken by the British government approving establishment of Shariah courts competent to look into the civil cases of the Muslim communi-ty. According to London based Sunday Times, “The approval of the government has been quite mature by empowering Shariah judges the right to adjudicate in cases ranging from divorce to financial disputes related to domestic violence. Previously, it was not possible to execute the rulings of these courts in Britain and thus they had continued to rely on the voluntary consensus between Muslims. It has become clear that Shariah courts with these competencies have been established in London, Birmingham, Bradford, Manchester with their headquarters at Newing-ton and Yorkshire. It has been decided to setup two more courts in Glasgow and Edinburgh.”196

We also commend other governments that have allowed establishment of Islamic banks or of Islamic branches of conventional banks.

3. Safeguarding the identity of the Muslim minority and its characteristics in order to protect the desired diversity. A state aught not to strive to forcibly dissolve the Muslim minority or try to use negative approaches to integrate it into the social setup of the majority, be it European, Western or any non-Muslim society, because it denotes rejection of diversity and multiplicity. This in fact has proved to be a dangerous exercise towards changing the religion, identity and affiliation.

In this context, we may say that history witnesses proudly, honestly and frankly the toleration exercised by the Islamic state, towards the minorities, since the time of the Messenger of Allah

196 http://web.alquds.com/node/02698 (Text backtranslated from the Arabic translation)

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(pbuh) until today. It has never tried to fuse the religious minorities. This is evident from the fact that these minorities have lived honorably in the places where they have been since long. EvenJews,aftertheirexodusfromEurope,didnotfindrefugeanywhereelseotherthanintheIslamic state and in Muslim lands. We are for positive integration which safeguards the Mus-lims’ religion and belief while belonging to his new homeland with all love, sincere toil, and contribution within the framework of absolute harmony between him and his loyalty to Allah and to the faithful, without any contradiction or clash.

Mutual rights between the state and the minorityThe most important mutual rights between the minority and the non-Muslim state that can promote coexistence, peace, social harmony, social development and a viable common space for growth, progress and stability, are the following:

1. Acquaintance at close proximity and mutual recognition as enlightened by the divine saying: “O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you.”(Al-Qurān,49:13). Through this verse Allah addresses the whole humankind, both faithful and faithless that they all belong to the same origin. This calls for mutual recognition between the people; it implies that no one should behave arrogantly with a fellow human being considering him his brother in humanity through his father Adam and mother Eve. When “All of you belong to Adam and Adam was created from soil”, why then be there vainglory, arrogance, wrangling and belligerence?

Furthermore,Allahelucidatesthatfromthisfirstorigin,hecreatedprogenythattooktheformof nations, peoples and tribes. His purpose was to privilege every people, community and tribe with certain complimentary qualities and characteristics. This reality calls for identifying these qualities and characteristics, realizing the related sentiments and emotions, and acquaintingwith religions and sects. Upon achieving such mutual acquaintance between individuals and communities and upon gaining such consciousness about the people of every religion in the vi-cinity,cantherealconvergence,cooperationandcollaborationbeactualized.Thiswillprovidebasis for peaceful coexistence; everyone will be engaged and busy with his natural specialty; thusthesocietyshallbenefitfromallthegivencharacteristics,qualitiesandingredientsofev-erycommunity,tribeandreligion.Whenthisisrealized,civilizationandadvancementshallbenaturally consummated.

Inlightofthisanon-MuslimstateaughttostrivetobecognizantoftheMuslimsastheyareinreality of their religion, commune and culture; it aught to positively exploit their characteristics. LikewiseshouldtheMuslimminorityreciprocate;itmustunderstandandbecomecognizantofthe European milieu - or wherever they may be in the West (or anywhere else), of the people, theircharacteristics, innatedispositions,civilizationand their systemsandapproaches; theymust positively exploit them to the best and in light of this knowledge, mold their dealings with therealitytheylivein.Thiswaythedesiredpositiveinteractionshallbeactualized.

Muslims who live in the West should correct their outlook towards the European society, rather than about the Western society in general, in the sense that although the Western societies are secular, yet the authority of religious factors there is a reality that can not be denied. That is why in these societies Islamic cultural activity is allowed to the extent that it does not threaten to change the structure of the society and to the level that it does not lead to emergence of an Islamic oriented political setup or to an independent Islamic entity.197 Hence exercising caution

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against provocation is very much required. What is needed is serious goal oriented work based onastrategythatrealizesthattheWesternsocietyisnotonesinglesociety.Henceitisimpera-tivetobenefitfromthediversityofitspolicies, itsfastchangingidealsandstandards.Theymustbearinmindthatthesearesocietiesofscientificdevelopment,scientificculture,knowl-edgeandinformation.Theymustrealizethatreligioustrendsandestablishmentscontinuetoenjoyinfluenceandleverage.TheymustbemindfulthatfearofIslamanditsdistortedimagehas been deep rooted in minds of many generations of Western society since the days of the Crusades. Furthermore the terrorist acts in USA and Europe and some dreadful acts committed in Iraq in the name of resistance have corroborated the distorted image of Islam and Muslims, which is quite unfortunate.

2. Cooperationinpromotingrighteousnessandpietyandwhateverisbeneficialtothehumankindas a whole. Allah says,“Help ye one another in righteousness and piety, but help ye not one another in sin and rancour.”(Al-Qurān,5:2).

3. Allah has obligated upon Muslims that the basis of cooperation should be righteousness, kind-ness, benevolence, benefaction and piety. Based on that, He has granted freedom for coopera-tion with anyone. In other words, a Muslim can cooperate with anyone and everyone as long as the basis of cooperation is based on righteousness and piety; and that is why Allah did not specify with whom Muslims should cooperate, as this was not important, whereas setting the guidelinewasvital.ThisisthereasonwhytheMessengerofAllah(pbuh)emphasizedtheim-portance of principled cooperation even with the pagan polytheists. He is reported to have said, “I witnessed in the house of Abdullah Bin Jad’ān a treaty. To me, I value that higher than a herd of red camels. And If I was called to attend that in Islam, I would consent (to that).”198 This was before Muhmmad’s being entrusted with the prophethood (pbuh). The Chieftains of Quraish had become conscious of the fact that there were people who were subjected to injustice, needy who died of destitution and those who were disadvantaged but no one helped them. Thereupon their (the chieftains’) conscience woke up and met at Hilf Al-Fadhool. The attendees entered into a covenant that they would come to the help of the weak, succor the destitute, help the needy and stand for the weak; they pledged to uphold such noble standards.199

5.3 Two Qurānic and historical models of the Muslim minority that continue to remain the ideal

Whenwe read theHolyQurān,wecomeacrossapioneeringandmarvelousmodelofaMuslimwhom the circumstances drove to live in a non-Muslim society. This model is none other than Proph-et Joseph (pbuh). Likewise the books on biography of the Messenger of Allah (pbuh) report that sev-eral of his companions migrated to Abyssinia and lived there for quite some time. It is worthwhile to mention these two models along with some commentary and analysis.

5.3.a Model I: Model of Joseph for a Muslim under Non-Muslim statesTheHolyQurānhasdealtwiththemodelofProphetJosephelaborately.Whatisofimportancetous

is that we derive from this case study what is relevant to us within the scope of this study.1. Joseph (pbuh) lived in Egypt while guarding his faith, belief and morality. In spite of intense

pressurefromthewifeof(thegreat)’Azizandotherwomen,hedidnotgiveinnorslippedtowards lust and cravings. In the face of his resistance, the matter got to the extent of, “But she in whose house he was, sought to seduce him from his (true) self: she fastened the doors, and said: ‘Now come, thou (dear one)!’ He said: ‘God forbid! truly (thy husband) is my lord! he

197 “Strategy of Islamic Cultural in the West”, approved by the 9th Islamic Summit Conference, held in Doha in November 2000 – P: 32 198NarratedbyBaihaqi–As-SunanAl-Kubra(6/367);Al-Ma’ārif–IbnQutaibah–P:604199Ibid.;FaisalAl-Mawlavi–MuslimasacitizeninEurope–P:32,PublishedbytheInternationalUnionofMuslimScholars

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made my sojourn agreeable! truly to no good come those who do wrong!’” (Al-Qurān,12:23).Joseph paid the heavy price of guarding his morality not only by loosing many of the privileges he had enjoyed but was thrown into prison for several years.

The Muslim minority should take Prophet Joseph (pbuh) as their exemplar and its foremost concern must be to guard its religion, belief, morals and the morality of the younger genera-tions. To this end they must use all given material and spiritual means and exploit all available educationalandscientificmechanisms.Thisdenotesthevitalimportanceofsteadfastnessandof guarding the identity and the personnel, otherwise there is no value for any worldly goal whatsoever great and grand that might be if that results in loosing ones religion and morality. This is exactly what joseph (pbuh) whispered: “O my Lord! the prison is more to my liking than that to which they invite me…”(Al-Qurān,12:33).ItisnotablethatJoseph(pbuh)didnotqualify the type of prison so that it is understood to mean that any imprisonment even if it meant life term incarceration, was the better liked and preferred option than to fall into sinfulness leadingtowrathoftheAlmightyAllah.Onecanimaginetheseverityoffallingintoinfidelity,fusion and loosing his spiritual personality or that of the subsequent generation. However, it must be remembered that faithfulness is due to everyone who has been kind in any way even if thathappenedtobeaninfidel.When(thegreat)’AzizofEgypthadpurchasedJoseph,hehadasked his wife: “Make his stay (among us) honourable: may be he will bring us much good, or we shall adopt him as a son.”(Al-Qurān,12:21).

Joseph(pbuh)hadnotforgottenthatgenerousgestureof’Azizandthattoowasoneofthemo-tives behind his disobeying the command of his wife – after his God-fearingness; his reply was, “God forbid! truly (thy husband) is my lord! he made my sojourn agreeable! truly to no good come those who do wrong!”(Al-Qurān,12:23).SomeinterpretersoftheQurānunderstandthatthepronouninthefirstclauseoftheaboveverserefersto’Aziz;evenifitwasunderstoodtorefer to Allah the Almighty, the second clause implies that Joseph could not imagine to be dis-loyal to the one who had done good to him – he considered disloyalty as transgression. “truly to no good come those who do wrong!”(Al-Qurān,12:23).

2. No transgression against the people of the domicile even if some of them or their rulers or their allied countries commit oppression against the migrants or against the minority or against Is-lamic countries in the form of occupation. Injustice is not matched with downright wrongdoing. Uponinsistenceofthewifeof’Aziz,Josephreactedsaying,“truly to no good come those who do wrong!” (Al-Qurān,12:23).

3. In this is a strong rebuttal to those some of the Muslims who justify aggression against interests oftheEuropeancountriesorthoseofUSAunderthepretextthatthesecountrieshadcolonizedthe Muslim World and robed their wealth, believing thereby that what they take from them is only a fraction of what these countries have done in the past. This is an invalid understanding against the spirit of Islam. Hence in light of much evidence mentioned hereinabove, this is a mere wrongdoing. One of these evidences is the divine saying, “no bearer of burdens can bear the burden of another.”(Al-Qurān,6:164).Onemoreevidenceisthatthosemigrantsdonotrepresent the Muslims who suffer under Western colonialism.

4. Love for the country of domicile. It must be observed that when Joseph (pbuh) was besieged and harassed by the lustful women, he did not say in his prayer that migration or the way out of Egypt was preferred to him than falling into the women’s trap; he rather said, “O my Lord! the prison is more to my liking than that to which they invite me…” (Al-Qurān,12:33).Thissub-stantiates that he having taken Egypt as domicile, he loved it and preferred being imprisoned there instead of departing it. Moreover, upon being released, he sought to be made in-charge of

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the store-houses to serve the people of Egypt; he even called his parents and all of his brothers to Egypt to settle there in spite of the fact that Egyptians did not follow the monotheistic reli-gion of Abraham (pbuh).

5. Fulfillingtheobligationof thecall toIslamwithwisdomandastuteadvice.ProphetJoseph(pbuh)didnot forsake theobligationof thecalling toAllah inspiteof thedifficultcircum-stances surrounding him. He was unjustly bought as a slave and was initially treated according to that status. He did not abandon his missionary work even while in prison, but turned his detention to the advantage of his mission and succeeded in that brilliantly. Two of his prison mates, who were jailed there along with him, at one point in time dreamed and he interpreted their dreams, but before interpreting their dreams, he mentioned to them the signs that the Al-mighty had conferred upon him in the form of exceptional knowledge revealed to him. He then explained to them the religion of Abraham (pbuh) which was based on monotheism, shunning polytheism and on sound magnanimous creed. He exposed to them the danger of ascribing partners to the one and only God, and how the falsely ascribed partners of God – taken as dei-ties – are worthless and helpless; that sovereignty and authority belong to the one and only God. Only after this prologue did he come to interpret the dreams of his prison-mates.200

A Muslim minority should conduct itself along the lines of Prophet Joseph (pbuh). They must call to Allah with wisdom and astute advice, and argue in ways that are the best possible man-ner, because calling to Allah is a religious obligation on all Muslims – on every one as per his knowledge and capability – even if it was to be merely a single verse. The Messenger of Allah says, “Convey on my behalf, even if it was to be a single verse (of the Holy Qurān).”201 In fact Allah has limited salvation to those who enjoin what is right, and forbid what is wrong, “Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong: They are the ones to attain felicity.”(Al-Qurān,3:104).

6. All non-Muslims should not be stereotyped; among them there are those who are just, decent and upright in their worldly dealings; among them there are those who consent to a Muslim to takeupthehighestexecutiveofficeintheircountryandoccupyhighpositions;therearethosewhoarelessmagnanimous.Henceonemustnotgeneralizeandpasssweepingjudgmentsaboutthem.

The ’Aziz of Egyptwas high-minded in his dealings and conscious of justice. In the verybeginning of Joseph’s incoming, he told his wife, “Make his stay (among us) honourable” (Al-Qurān,12:21).WhenhefoundJosephandtheladyracingtothedoorandwhenaninsidersuggestedthesolutiontothepuzzlethatclearedJosephofanysuspicion,’AzizsuggestedtoJoseph to ignore the incident, “O Joseph, pass this over!”(Al-Qurān,12:29),whileatthesametime chided her, “(O wife), ask forgiveness for thy sin”(Al-Qurān,12:29).Whenshetriedtotrap Joseph, saying, «What is the (fitting) punishment for one who formed an evil design against thy wife, but prison or a grievous chastisement?” (Al-Qurān,12:25),’Aziz(herhusband)didnot believe her.

200Thedetailsofthisepisodearefromverse36to41ofthe12thChapter(Jospeh)oftheHolyQurān:((Nowwithhimtherecameintotheprisontwo young men. Said one of them: «I see myself (in a dream) pressing wine.» said the other: «I see myself (in a dream) carrying bread on my head, and birds are eating, thereof.» «Tell us» (they said) «The truth and meaning thereof: for we see thou art one that doth good (to all).» He said: «Before any food comes (in due course) to feed either of you, I will surely reveal to you the truth and meaning of this ere it befall you: that is part of the (duty) which my Lord hath taught me. I have (I assure you) abandoned the ways of a people that believe not in God and that (even) deny the Hereafter. «And I follow the ways of my fathers,- Abraham, Isaac, and Jacob; and never could we attribute any partners whatever to God:that(comes)ofthegraceofGodtousandtomankind:yetmostmenarenotgrateful.«Omytwocompanionsoftheprison!(Iaskyou):aremanylordsdifferingamongthemselvesbetter,ortheOneGod,SupremeandIrresistible?«IfnotHim,yeworshipnothingbutnameswhichye have named,- ye and your fathers,- for which God hath sent down no authority: the command is for none but God: He hath commanded that yeworshipnonebutHim:thatistherightreligion,butmostmenunderstandnot.«Omytwocompanionsoftheprison!Astooneofyou,hewill pour out the wine for his lord to drink: as for the other, he will hang from the cross, and the birds will eat from off his head. (so) hath been decreed that matter whereof ye twain do enquire.”))

201NarratedbyBukhāri–BookofProphets–Section:“WhathasbeenmentionedaboutPeopleoftheBook.”

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He called a spade a spade, rebuked her and described her deed as snare; he played fare about Joseph; his stance was: “So when he saw his shirt,- that it was torn at the back,- (her husband) said: ‘Behold! It is a snare of you women! truly, mighty is your snare! O Joseph, pass this over! (O wife), ask forgiveness for thy sin, for truly thou hast been at fault!’” (Al-Qurān,12:28-29)

The truth is that a similar situation, if repeated in today’s world in front of one of the oppressive tyrants,hewouldjustendorsetheclaimofthefirstladyagainstanordinarystrangerandmakeJoseph a scapegoat in the name of saving his honor and execute him or torture him in the worst everknownmanner.Butunliketheordinary,’Azizwasnottakenbyarrogancetobeadamanton sin; he did not blindly endorse the claim of his stunningly attractive wife; he listened to the witness,confirmedhisreasonability,basedhisjudgmentonit,pronouncedthatshewaswrong,described her deed as a repulsive snare, and made an apology to Joseph saying, “O Joseph, pass this over”(Al-Qurān,12:29).

Similar too was the evenhandedness of the high-minded and clearheaded King. He was prin-cipled in his worldly affairs, preferred the interests of his people and did not forget the sublimity of knowledge and augustness of men of knowledge. When Joseph (pbuh) interpreted the dream of the King and elucidated its details to the royal representative, saying, “For seven years shall ye diligently sow as is your wont: and the harvests that ye reap, ye shall leave them in the ear,- except a little, of which ye shall eat.” (Al-Qurān,12:47),thekingorderedforanaudienceofJoseph with him. Again if it was to happen in our times, the king would attach all the credit of wisdom and farsightedness to himself without even considering to give any credit to that unfor-tunate stranger rotting behind the prison walls for a baseless accusation. How could a sovereign disclaim such wisdom and credit for such an ill-fated stranger instead. What a great difference between him and people of power today who leave no stone unturned to claim all acumen for themselves.

However when Joseph (pbuh) linked the offer of audience with a condition that an enquiry be set up about the women who perpetrate his being sent behind the bars. The King did not respond with arrogance but responded positively. An enquiry was setup and Joseph’s innocence was established.

In the wake of this Joseph was called for the audience so that the King would offer him an ad-visory position in the royal court saying, “Bring him unto me; I will take him specially to serve about my own person.”(Al-Qurān,12:54).HoweverthewittyKingwasabletoappreciatethegreat capabilities of foresight, analysis and implementation in Joseph (pbuh) and he immedi-ately pronounced, “Be assured this day, thou art, before our own presence, with rank firmly established, and fidelity fully proved!”(Al-Qurān,12:54).Itwasanopenroyalofferofanykeyexecutive position with full authority based on his knowledge and honesty. Upon this Joseph (pbuh)himselfspecifiedthesuitablepositionhewouldliketotakeup.Hesaid,“Set me over the store-houses of the land: I will indeed guard them, as one that knows (their importance).” (Al-Qurān,12:55).Thiswasactuallylikeseekingaportfolioofmultipleministriesintoday’sterms including Finance, Agriculture, Economy and Commerce, Social Affairs and Supplies. On the other hand Allah’s mention of the dreams of the Egyptian king – in spite of his being anon-Muslim–impliesthatthoseweretruedreams,whichdenotesthataninfidelmayenjoyfinenessandpurityandmayhavedreamsthatcouldbetrue.

7. The minority has the right to assume top positions, ministries etc. As mentioned above, they havetheright–iftheydon’thaveanyobligationunfulfilled–tostrivereachingthosepositionsjust as Joseph sought to be the overall in-charge of «the store-houses of the land.”

8. A Muslim is obligated to promote and protect life wherever he may be, not to cause death and destruction. Prophet Joseph (pbuh)promotedandprotectedlifeofaffluenceforapeoplethat

201NarratedbyBukhāri–BookofProphets–Section:“WhathasbeenmentionedaboutPeopleoftheBook.”

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did not share his monotheistic faith. With his God-given foresight and planning, he rescued them from drought and death that was otherwise facing them. He presented to them the brilliant ideas, or in other words, shared with them the blessings of the divine revelation, inspiration and prophecy, with which he rescued them by the grace of Allah. Muslim minorities have an obligation to their respective countries; they must produce and present all their innovations, knowledge, skills and services to their advantage and development. This is what Joseph did. He rescued the people of Egypt and its neighboring areas from the tragedy of famine that was otherwise going to create a widespread devastation. Through his contribution of knowledge, innovation, planning and effective implementation under his personal supervision, he made the difference.

9. Not to neglect their original motherland, but maintain the love and belongingness by lending their helping hand to their kith and kin as much as possible. This is exactly what Joseph (pbuh) did when he helped his brothers, treated them with kindness and offered gifts and foodstuff to them; he called his parents and brothers to come and settle down honorably in peace in Egypt: “Then when they entered the presence of Joseph, he provided a home for his parents with him-self, and said: ‘Enter ye Egypt (all) in safety if it please God’.”(Al-Qurān,12:99).

10. Forgetting and forgiving the offense and injustice of the people of his motherland – if ever that had happened to take place – and staying away from the vicious circle of revenge and dwelling in the past. Not only should a migrant Muslim forget and forgive the excesses of the people of his original country but he should shun the mentality of revenge and vengeance; he ought not to carry with him the negative baggage of his motherland. Once his domicile has changed, he is supposed to change himself to a higher and better person. This is what Joseph did with his brothers who had wanted to kill him, but then changed their design and dumped him in a pit, which led to his bondage and being sold as a slave. The evil deed of his brothers had not only endangered his life, but his honor and dignity too; not only that, but they had retained their ab-horrence of him in their hearts and minds, which was evident from their demeanor even years after dumping him in the pit. When the king’s measuring pot was retrieved from the baggage of Benjamin (the full-brother of Joseph) they could not restrain from expressing their hidden hatred for Joseph and stated falsely, “If he steals, there was a brother of his who did steal before (him).” (Al-Qurān,12:77).

This lie denoted their odium, continued jealousy and detestation of Joseph and slander of him. However and in spite of all that, Joseph (pbuh) did not reciprocate in kind with vengeance for what they had committed against him. He even did not rebuke them or call them wicked, but just called them ‘worse situated’: “Ye are the worse situated; and God knoweth best the truth of what ye assert!”(Al-Qurān,12:77).Although,itwasabsolutelysimpleforJosephtoseizethe opportunity to establish their perpetration or even to castigate them just on the basis of the accusation, yet he did not resort to vengeance.

When the clouds disappeared, the facts manifested and the shame of the brothers was appar-ent, Joseph (pbuh) treated them with sublime disposition and high morality. “He said: ‘Know yehowyedealtwithJosephandhisbrother,notknowing(whatyeweredoing)?’Theysaid:‘ArtthouindeedJoseph?’He said, ‘I am Joseph, and this is my brother: God has indeed been gracious to us (all): behold, he that is righteous and patient,- never will God suffer the reward to be lost, of those who do right.’ They said: ‘By God! indeed has God preferred thee above us, and we certainly have been guilty of sin!’ He said: ‘This day let no reproach be (cast) on you: God will forgive you, and He is the Most Merciful of those who show mercy!‘Go with this my shirt, and cast it over the face of my father: he will come to see (clearly). Then come ye (here) to me together with all your family’.”(Al-Qurān,12:89-90).

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Jospeh (pbuh)justifiedtheconductanddeedsofhisbrothersinsuchmannerthatrelievedthemofembarrassment, like:

Firstly:Herationalizedtheirdeedasbeinganactofignoranceinsteadofbadintentionandwicked-ness, although he knew the motivation. He said, “Know ye how ye dealt with Joseph and his brother, not knowing (what ye were doing)?”(Al-Qurān,12:89).

Secondly: He started his discourse with a mention of the blessings of Allah on him without mention-ingwhathewasinflictedwith.Hesaid,“I am Joseph, and this is my brother: God has indeed been gracious to us (all): behold, he that is righteous and patient,- never will God suffer the reward to be lost, of those who do right.” (Al-Qurān,12:90).ThissubtletyofJosephalleviatedtoalargeextenttheir guilty conscience, as if he was telling them that what they did to him was instrumental in his achieving the advantages and status of authority in Egypt.

Thirdly: He was explicit in declaring his forgiveness: “He said: ‘This day let no reproach be (cast) onyou.”(Al-Qurān,12:92).Inotherwords,heelucidatedtothemthathewasnotblamingthemnorcastigating them for settling his personal scores. In the face of their heinous crime, Joseph’s sublimity was so eminent that it lightened their guilty conscience.

Fourthly: His wish “God will forgive you” (Al-Qurān,12:92)denotedhiscareandloveforthem.His praying for them implied that the matter was with Allah and he implored for their forgiveness by Him as He was the Most Merciful and Omnipotent to forgive all their excesses.

Fifthly:Hisaffirmation“He is the Most Merciful of those who show mercy!” (Al-Qurān,12:92)indicated that when he (Joseph) had been so kind to them, wasn’t it all the more rational to hope for theforgivenessoftheMostGraciousofthosewhoshowmercy?

Sixthly: When the parents and the brothers prostrated in respect of the throne, Joseph said, “O my father! this is the fulfillment of my vision of old! God hath made it come true! He was indeed good to me when He took me out of prison and brought you (all here) out of the desert, (even) after Satan had sown enmity between me and my brothers. Verily my Lord understandeth best the mysteries of all that He planneth to do, for verily He is full of knowledge and wisdom.”(Al-Qurān,12:100).Thisstate-mentofJosephhadanumberofsedativesandpsychologicaltranquilizersforhisbrothers,rathermo-tivating connotations of the need to be thankful to the Almighty. This is evident from the following:a) Seizingtheopportunityoftheblissfulculminationoftheepisode,Josephsetouttoopenanew

chapter.Asifemphasizingthatallwaswellasitendedsowellforallofthem.Hedidnotgointo the details of what had befallen upon him in the form of agony and incarceration.

b) Heascribedallthathadcomehiswaytotheactualizationofhisdream,“O my father! this is the fulfillment of my vision of old! God hath made it come true!”(Al-Qurān,12:100).Thismeantthat it was the divine plan to elevate him.

c) He mentioned the good outcome, kindness and graciousness of Allah. “He was indeed good to me when He took me out of prison and brought you (all here) out of the desert.”(Al-Qurān,12: 100). He did not dwell in the past, but started with his gaining release from the prison and attaining authority in the land.

d) He imputed to insinuations of Satan whatever had happened, “(even) after Satan had sown enmity between me and my brothers.”(Al-Qurān,12:100).

e) WhileascribingtheenmitytotheinsinuationsofSatan,Josephmadefirstperson(himself)pre-ceded them, although he was a minor and unable to do something. By this he intended to say that all humans are vulnerable to evil temptation.

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f) He used the expression “me and my brothers” which suggested the brotherly bond and affection thereofandhisoverflowingsentimentstowardsthem.

This is the great model that aught to be the ideal for all Muslim minorities all over the globe. They must invoke the role model of Joseph (pbuh) in their attitude towards their domicile where Allah had made them to settle as well as towards their motherlands and their kith and kin.

There is no doubt that if we Muslims behave as Joseph did, the whole world will embrace Islam seeking their salvation in it, just as the masses of East Asia did when they were so impressed by the morality of the traders and their calling.

5.3b Model II: Model of migrants to Abyssinia for Muslims in Non-Muslim statesBooks on biography of the Messenger of Allah (pbuh) report that when Quraish increased their atrocities and harassment of his Companions at Mecca to a horrendous level, he permitted some of them to emigrate. Eminent historian Ibn Katheer reports through Muhammad Bin Ishaq: “When the Messenger of Allah (pbuh) saw the ordeal his companions were undergoing, while he himself was being protected by the Almighty and his uncle Abu Tālib, and that he was not able to ward off their ordeal, he told them: ‘what if you migrate to the land of Abyssinia? The king there does not oppress anyone; Being a land of truth, Allah may drive away your ordeal.’ Upon this a number of Muslims comprising several of his companions set out on their way to Abyssinia to avoid further affliction and to flee with their faith in Allah. This was the first migration in the history of Islam; the first among the Muslims to migrate was Othmān Bin Affāan and his wife Ruqayyah the daughter of the Messenger of Allah – (pbuh).”202

Ibn Ishaq reports: “Then migrated Ja’far Bin Abi Tālib and his wife Asmā Bin Umais; there she gave birth to their son Abdullah Bin Ja’far. Then many Muslims followed suit until they com-muned in the land of Abyssinia.”203

ImāmAhmadnarratesinhisMusnadthroughIbnMas’oodsaying, “The Messenger of Allah (pbuh) delegated us to Najāshi (Negus the king of Abyssinia). We were about eighty men in-cluding: Abdullah Bin Mas’ood, Ja’far, Abdullah Bin ’Arfatah, Uthmān Bin Maz’oon and Abu Moosa. These people went to Najāshi. (Coinciding with this) Quraish sent ’Amr Bin Al-’Ās and ’Amārah Bin Al-Walēd with a present. When they called on Najāshi, they prostrated in front of him and then hastened to his right and left and said to him, ‘A group of our cousins have arrived in your land turning away from us and our creed’. The king asked about where they were? They said, ‘in your land; you may call them’. The king called them. Ja’far told his comrades that he would speak on their behalf and they followed him. When he entered, he greeted the king but did not prostrate. They asked him, ‘What is to you that you do not prostrate before the king?’ Ja’far replied, ‘we prostrate to none but Allah the Almighty, we have been enjoined to offer prayers and pay Zakāt’. ‘Amr said to the king, ‘They are against you regarding Jesus Christ’. He said, ‘What do you say about Jesus the son of Mary and his mother?’ Ja’far said, ‘We say as Allah said: he is the word of Allah bestowed on Virgin Mary who was never touched nor impregnated by a man’. He said: he then picked up a twig from the ground and said, ‘O people of Abyssinia, priests and monks, by God, they are not exceeding on to what we say except the (size of this)

202Al-BidāyahWa-Annihāyah–Hafidh’ImāduddeenAd-Dimashqi(701-774)–EditedbyDr.AbdullahAbdulMuhsinAt-Turki–DāruHijr1997–(4/166-167)203SeeratIbnIshāq–P:208;SeeratIbnHishām–(1/323)

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twig. We welcome you and all those who came from him (Muhammad). I bear witness that he is a prophet, he is the one whose mention we find in the Bible. He is the prophet about whom Jesus the son of Mary gave glad tidings. Settle down wherever you may like; by God, had I not been in this state of being king, I would go to him and lift his shoes’. He then ordered the gifts of the adversaries to be returned and it was returned to them. Then Abdullah Bin Mas’ood hur-ried (back) and was able to participate in the battle of Badr. It is reported that when told about his death, the Messenger of Allah (pbuh) prayed for him seeking Allah’s forgiveness for him. According to Ibn Kathēr, “this is a good and strong attribution and proper context. It implies that Abu Moosa was among those who had migrated from Mecca to Abyssinia although some of the narrators have not mentioned his name. Allah is most knowledgeable.”204

It is worth mentioning here about an aggression against Abyssinia and the stance of the migrated Companions thereof. Ummu Salamah, who was one of the migrants, reports: “We stayed with a virtuous shelter provider in a very good house. It was not late when an Abyssinian revolted against him seeking kingship for himself. By God, we had not experienced grief worse than that, fearing that the rebel may overpower Negus and the new king may not know our worth as Negus knew. We continued praying for Allah’s support for Negus. When Negus set out with his forces, the Companions said to each other: ‘Who can go and be present at the battle and see who isdefeated?Zubair–whowastheyoungestmigrant–said,‘me’.Theyinflatedaskinbottleforhim which he tied on his chest. With it he began to swim the Nile till he came out at the other bank and met the people (of Negus) and was present at the battle. Allah defeated the rebel king and he was killed. Negus triumphed over the rebel. Zubair returned waving his garment and shouting, ‘Rejoice, Allah has made Negus triumphant.’ Ummu Salamah said: ‘We swear by Allah, we had not ever been so happy with anything as with the triumph of Negus. We then stayed with him till some of us left and returned back to Mecca while others stayed there.”205

Morale of the story:1) Admittance to others hearts is achieved through common constant values and by describing the

good aspects of their icons. In the court of Negus, Ja’far read out the forepart of the ‘Chapter Mary’oftheHolyQurānwhichdescribesthenoblenessofJesusChrist(pbuh)andhismotherVirgin Mary (pbuh) so that the king was moved to tears. In that situation, he did not rather read whattheHolyQurānrelatesaboutthebeliefofsomeChristiansintrinitynorthecriticismoftheChristians.ThisdenotesthattheMuslimminorityshouldalwaysstrivetofindthecommongrounds and the pleasant aspects.

2) Adherence to constant values of the religion whatsoever be the circumstances. We learn that the Companions of the Messenger of Allah (pbuh) did not prostrate in front of the king of Abys-siniainspiteoftheirdifficultsituationandprecariousstatealthoughthetraditionandprotocoldemanded them to prostrate. They entered into the king’s court just after the delegation of the Quraish presented their precious gifts, prostrated to the king and pleaded for repatriation of the Muslim migrants. The Muslim migrants entered and greeted without prostrating. When the king asked, “Why did you not greet me as did these comers from your people.” Ja’far said, “So far as greeting is concerned, the Messenger of Allah (pbuh) had informed us that the greeting of the people of paradise is ‘peace be unto you’; he has commanded us to greet like that and we greeted you how we greet each other.” According to another narration, “He has also com-

204 Musnad Ahmad (1/461).205Al-BidāyahWa-Annihāyah–Hafidh’ImāduddeenAd-Dimashqi(701-774)–EditedbyDr.AbdullahAbdulMuhsinAt-Turki–DāruHijr1997–(4/185-186).

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manded us to prostrate to none but Allah.”206

This requires the Muslim minority to necessarily commit themselves to their religion and not to give up their beliefs and religious constants; they must not accept what contradicts with those beliefs and constants or leads to their fusion loosing their religious identity. This is a very vital issue, else what is the value of staying and living a peaceful and comfortable life while the be-liefandconstantvaluesmaybeinperil.Hencetheymustgiveupallthatisvaluedandsacrificeeverything in protection of their Islamic identity and the identity of the coming generations.

3) Permissibilityofmigratingtothe‘landofinfidelity’anddomicilingthere.WeobservethattheCompanions of the Messenger of Allah (pbuh) stayed there till the year of Khyber incident. Ja’far says, “We left and reached Medina. I was received by the Messenger of Allah (pbuh); he embraced me and said, “I can’t say whether I am happy for the triumph of Khyber or for arrival of Ja’far.”207

4) Love for the new homeland that opened its arms to them; grieving for triumph of its enemies over its people and sovereignty; praying for its triumph and feeling glad for that; delegating representatives to witness the incident and praying for its victory.208Thissignifiesthatthereis no contradiction between this and allegiance to Allah, to His Messenger and to Muslims in general.

5) Faithfulnesstothedomicile.BaihaqiandothersreportthroughAbuAmāmah:“Adelegationof Negus of Abyssinia paid a visit to the Messenger of Allah (pbuh). When he himself served them,theCompanionssaid,‘OMessengerofAllah,wesufficeyou(toservethem)’.Hesaid,‘They treated my companions with honor; it is my pleasure to honor them’.209 In this kind hospitality of the Abyssinian delegation by the Messenger of Allah (pbuh), although they were not Muslims, there is further substantiation to the proposition that a Muslim must be faithful to whosoever has been kind to him whatsoever be his religion and be thankful to Allah for that.

This is what could be derived from this beautiful episode. It sheds light on the brilliant model of Ja’far and his comrades in the land of emigration. May Allah be pleased with all of them.

206MusnadAhmad(1/461);Al-BidāyahWa-Annihāyah(4/173)207Al-BidāyahWa-Annihāyah(4/179);‘Al-Mu’jamAl-KabeerbyTabarāni(2/1478);Majma’uZawāid(6/30)208Al-BidāyahWa-Annihāyah(4/185-186);SeeratIbnIshāq–P:197;SeeratIbnHisham(/339)209DalāiluAn-nubuwwahbyBaihaqi(2/307);Al-BidāyahWa-Annihāyah(4/194)

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Pivot VIWe and the West: Conflict or Dialogue?

Confrontation or Coexistence?

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We and the West: Conflict or Dialogue? Confrontation or Coexistence?

6.1 After having participated in obliterating Communism, WE became the victim.6.2TheWesternrealityandtheconflict(TheCrusades,Imperialism,Christianization,Orientalism). 6.2 a Samples from Western intellectuals of clash 6.2 b Report of the RAND Corporation 6.2 c Fukuyama 6.2 d Samuel Huntington 6.2 e Pope Benedict XVI 6.2fIslamandtheWest–Whoisfightingwho? 6.2 g The Dilemma. 6.2 h Major threats to mutual relation between the two.6.3StanceofIslamtowardsclashofcivilizations. 6.3aIstheclashnon-existent? 6.3 b The natural law of positive struggle and ‘repelling with what is better’.

6.1 After the participation of Muslims (Us) with the West (the Other) in wiping out Commu-nism, we became the victim.Not many would have believed that the clash of Capitalism with the Communist block would come to an end so swiftly, that the cold war which continued for about half a century after World War II would be buried along with its imprints so quickly, and that the Soviet Union (USSR) will cease to exist in 1992 and that it would fall in the arms of the capitalist West; no one would have imagined that the socialist economy and extremist Communism would give way to capitalistic free market economy andthatglobalization,G8andWTOwouldholdsway.210

Manyhadthoughtthatwiththeendofthatbitterconflict,whichtookhundredsofmillionsoflivesand siphoned trillions of dollars, will really end the age of bloody strife and with that a new age of mutual understanding, dialogue and international peace and global tranquility will become a reality. People had expected that as a result of that anticipated transformation humankind would enjoy seren-ity and harmony so that the rich world will be free to come to the rescue of the poor world – compris-ing more than two thirds of the whole world – and spend a part of the hefty cost of the warmongering to bliss the underprivileged by providing for their basic needs so that they too could live a fairly decent life worthy of a human being; so that they can spare something for the miserable, sick and af-flictedchildrenoftheworld,whosufferfrompoverty,malnutritionanddearthofmedicine.

All these expectations were shattered against the rock of the reality which rather swayed most of the Westernrulersandintellectualstofabricateyetanotherevenbitterconflict–theclashwithIslamanditscivilizationandmarkthemtheEnemyNo.1inplaceoftheEx-SovietUnion.Thisisinspiteof the reality that Islam played a very vital role in nullifying the atheistic ideology of Communism and in quelling the polemical materialism on which the communist philosophy is grounded. Muslims playedthemajorrolethroughAfghanJihādindefeatingtheUSSR.EvenWesternintellectuals(likeBrejensky, Advisor for National Security to President Carter) acknowledged that that without Afghan JihādagainstUSSR,thelatterwouldnothavecrumbledsoswiftly.Henceitwasexpectedthatthe

210 This study was compiles in 2002 and updated subsequently for this book.

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West would reconcile with Islam and Muslims on the basis of justice and peaceful coexistence instead of clash and aggression.

It seems that given the present situation, the Western intellectuals are headed in two different direc-tions.Thefirstisinclinedtothinkthattherelationmustbebasedondialogue,coexistenceandgoodneighborliness, while the other trend (which is the dominant trend), especially during the 1990s lead-ingtoadoptionof‘TheClashofCivilizations’andtreatingIslamasthemajormenacethreateningtheWesternCivilization,securityoftheWesternstatesandtheWesternvaluessystem.ThelatterarepropelledbytheexcessivelyoverblownegointheaftermathofthewarsandconflictsofCrusades,provocations of the churches against Islam and Muslims since the decline of Roman empire in Levant andEgyptwhichledtothefallofConstantinopletoIslamandMuslims,affirmingtotalcrumblingoftheRomanEmpireatthehandsofSultanMuhammadAl-Fāteh,andbyjustificationsoftheOriental-ists shoring up support for the imperialists to invade Muslim lands.

Throughout the era of cold war, most of the Western political leaders and intellectuals did not express their intentions because the Enemy No. 1 in their eyes was the red ideology of Communism behind which stood a giant nuclear super power dominating half of the European continent with immense influenceinmostcountriesoftheworld.

During those long years they wanted the Muslim World to stand with them against the Soviet Union and to that end exploited the religious strength of Islam. It is absolutely true that, to achieve their goals,inmanycasestheyweresuccessfulinpushingtheMuslimcountriesintotheconflictbetweenCapitalism and Communism. Through Christian-Muslim dialogue and through contacts between for-malgovernmentalIslamicorganizationsandtheChurch,theywereabletohitsevereblowstotheatheistic communist ideology.

According to my personal belief the Christian ideology could not have harmed Communism anyway worth mentioning. What really dealt a serious blow to Communism, unraveled its system and make it crumble,was Islamic belief and the comprehensive Islamic ideologyharmonizingbetween thereligious texts and the intellect.

This does not mean that what those Muslim thinkers contributed was with the intention of serving the Western strategy, because they did what they did was only with the intention of serving their religion in the face of the atheistic ideology which branded all religions – including Islam – as opium of the peopleanddidnotrecognizeanymoralvaluesregardingfamilyandwealth;hencethisdefensewasan Islamic obligation before being anything else.

WhatweintendtoemphasizeisthattheWesternleadersbenefitedfromeveryintellectualblowhittothe atheistic Communist ideology; they also gained from every clash between Muslims and the Com-munism.ThiswasnowheremoreunmistakablethaninAfghanistanwhereintheymobilizedalltheirabilities and capabilities to defeat the Soviet Union or to undermine it. Afghanistan, where USSR got trapped provided a golden opportunity to beat it so much so that the wealth of all those counties which orbit the trajectory of the West, was drudged to avail that opportunity. The fear of Soviets reaching those countries through warm waters and toppling their systems – some of whom were dependent on the West for their survival – was tremendously exaggerated to make the best of the historic opportu-nity.

The long-pursued goal of bringing down the Soviet Union with Muslim wealth and Muslim blood wasactualizedfortheWest.ButallresultsofthevictorywenttotheadvantageoftheWestalone.

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EventheMujahidēnwhohadfoughtvaliantly,theirdifferencesledthemtomutualfightingandthescenario eventually ended up in the form of Taliban Movement, which too dwindled and terminated inshambles.NeitherMujahidēnnorTalibancouldbenefitnorachieveanythingworthmention.Theycould neither establish the Islamic state nor could they protect their system; for others, they could notprovetobeanidealmodelofsacrifice,selflessnessandputtingthewiderinterestsoftheMuslimUmmah before their own narrow interests.

SofarastheArabMujahidēn(ArabAfghans)areconcerned,theirfatewastheworstandmostpite-ous.Thesamerulerswhoencouragedthemandsupportedthemwithfinancial,moralandlogisticalsupport turned against them and thwarted their return back to their own motherlands, so that they do not become a source of another trouble that could be exploited in the interest of imperialistic powers.

FromthisrealityweunderstandtheQurānicguidanceforMuslimsthattheyshouldnotrejoiceoverthe defeat of one power by another or for victory of one over other if they themselves are not going tobenefitinanywayfromtheclashoftwopowers.Allahsays,“A. L. M. The Roman Empire has been defeated- In a land close by; but they, (even) after (this) defeat of theirs, will soon be victori-ous- Within a few years. With God is the Decision, in the past and in the Future: on that Day shall the Believers rejoice- With the help of God. He helps whom He will, and He is exalted in might, most merciful. (It is) the promise of God. Never does God depart from His promise: but most men under-stand not.”(Al-Qurān,30:1-6).

The faithful should rejoice when they themselves triumph by the grace of Allah, as He granted them triumph when they were able to bring down two empires which had been engrossed in bickering be-tween themselves for long, namely the Roman and Persian empires in early Islamic times.

How the West (especially USA) treated Muslims throughout the Cold War is mirrored precisely in thewordsoftheAmericanintellectualSamuelHuntington–authorof“TheClashofCivilizations”.Aftermentioningvariouscivilizations–Islamic,Chinese,Japanese,Indian,SlavicOrthodox,LatinAmerican,African–hevehementlysuggeststhattheWesternCivilizationshouldunitewithallothercivilizationstosubduetheIslamicCivilizationandtohumbleChinasothatothercivilizationstoocancometotheirsensesandtheWesternCivilizationaloneprevailsmarvelously.211

6.2.a The Western reality and intellectual output suggest the need for clash:Aprécisoftherealityandthehistory(TheCrusades,Imperialism,ChristianizationandOrientalism).

WhenwelookattheWesternsrealityandtheconflictoftheWestwiththeMuslimWorld,andatmost of the Western intellectual output, it becomes evident that it is the West which craves for clash toachieveitsambitionsandtorealizeitsimperialistichegemonyovernotonlytheMuslimWorldbut the East as a whole for occupation, exploitation and complete subjugation. The West started this process with invasion of the Middle East by Alexander the Great. The Greek and Roman occupiers stayed here for about a millennium until the Islamic conquests dislodged them. Then starting with 489 Hijra came the Crusades, one after the other, without having ceased till today. Levant was subjugated by Crusaders for about two centuries, during which they occupied Al-Quds (Jerusalem) until it was liberatedbySalāhuddēnAl-Ayyubi(Saladin–591Hijra).WhentheyweredisappointedwithMuslim

211Article:SamuelHuntington–TheClashofCivilizations–Publishedin“As-SiyasahAd-Duwaliyyah”Magazine(Al-AhramCenterforPolitical&Strategic Studies”, Cairo – No: 116, April 1994.; “Al-Hilal” Journal – November 993 –Special Issue; Dr. Ahmad Al-Qididi – Islam and the Clash ofCivilizations–Al-UmmahBookSeries–No:44,P:52

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Middle East, the Western Crusaders focused their efforts to detour the Muslim World with the purpose ofuprootingIslamandIslamicCivilizationinsteadfromWesternEurope.Thiswasachievedbyin-vading Andalusia (897 – 1492 Hijra) and annihilating Muslims through ethnic cleansing. Not even a single Muslim was left but confronted with two options of being killed or burnt to death or convert to Christianity.OnlythosewhofledtoAl-Maghrib(NorthWesternAfrica)tosavetheirfaith,wereableto save their skin. There after they again came back to invade the heart of the Muslim World (Egypt and Levant). Napoleon Bonaparte’s (1769-1821 A.D.) invasion of this region resulted in severe long ranging consequences; it was followed by British, French, Dutch, Italian and Australian imperial occupationoftheIslamicWorldthroughoutthelasttwocenturiesandfinallyculminatedinthefallof the Ottoman Empire - the last symbol of Islamic political unity - and in laceration of the Muslim Worldtopettyinsignificantcountries.

In précis, the historical experience of the Muslim World with the Western has been marred with clashes based on ignorance about Islam, fear from Islam, clash for political dominance and economic interests,andbecauseoftheChurch’sinflamingofdisorderbecauseofitsfearthatChristiansmaybe affected by Islam and its teachings and thereby embrace it. This is why they even labeled Mu-hammad, the Final Messenger of Allah (pbuh), as imposter. One such instance was portraying Jesus Christ (pbuh) being slaughtered by Muhammad (pbuh).212ForinflamingsentimentsofrevengefromMuslims, the Slogan of Pope Urban II was: “The endorsed holy war is not for conquering just a single city, but whole regions of Asia.”213 The Pontiff even misrepresented the text of the Bible to limit the denotation of truly complying Christians to only those who participated in the Crusades. He said, “He who does not carry his cross and follow me, is not worthy of being a pupil”214 He even passedanedictpronouncingthatcollectiveannihilationoftheinfidels(meaningMuslimandothernon-Christians) is legitimate and equivalent to offering immolation to seek pleasure of the Lord. It was said, “A Christian who annihilates the enemies of his religion, really presents sacrifice to please the Lord.”215ThatiswhytheCrusaderslegitimizedtheholylandofAl-Quds(Jerusalem)wherebythey not only occupied it in 492 Hijra but slaughtered about seventy thousand worshipers, ascetics, women and children. Their horses ran over the blood of those slaughtered between the debris of the devastation.IbnKathērandotherhistoriansreportthattheCrusadersdesecratedAl-Quds(Jerusalem)forafullweeklegitimizingmurder,plunderandrape.Morethansixtythousandwerekilled,amongthemwereImāmsofmosques,scholars,worshipersandasceticswhohadbeenthereawayfromtheirnative places. The crusaders looted all that was in the Mosque and then converted it into a stable for their horses.216Incontrasttothis,whenSalāhuddēn(Saladin)prevailedoverthem,hedealtwiththemwithbeneficence,treatedtheirsick,helpedtheirpoortosecurethereleaseoftheirprisonersandthusmarvelouslyestablishedhismagnificence,bothinwaraswellasinpeace.

What the Crusaders did in Andalusia (Muslim Spain) in the form of genocide, scorching to devasta-tion and burning helpless Muslims to death in public celebrations is a black spot of disgrace on the face of the humankind.

What the English did Palestine and was followed by American patronage of the Zionist perpetrator in all their stances, deeds, terrorist actions, mass killings, destructions, expulsions, massacres – like the ones in Sabra and Shateela – and numerous day to day heinous crimes, all express the West’s attitude

212 Abdul Fattah Abdul Maqsood – As-Saleebiyyah Ilal-Abad – Egypt, 1975 - P: 44213AliAbdulHaleemMahmoud–Al-GhzwAth-Thaqāfi–SaudiArabia,1982–P:27214 Luke: 14/27215 Abdul Fattah Abdul Maqsood – As-Saleebiyyah Ilal-Abad – P:44 216BidāyahWa-Annihāyah–(12/135);Al-Kāmil(8/164)

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ofcontinuingwithisodiousdiscordtowardsthetyrannizedMuslims.

What we all witness and heard in our own time about the Christian Serbs’ brutality against the Mus-limsofBosniaandHerzegovina,didnotonlysurpassanyone’simaginationofmassacreandgeno-cide but even the people of West themselves were astounded, which led to prosecution of the Serb leader at the International War Crimes Tribunal.

What America (USA) is perpetuating these days against Muslims in Afghanistan, needless to mention the inhuman treatment of the detainees at Guantanamo, and what is being carried out in the form of destruction, use of weapons of mass destruction, killing of the injured in mosques, disgusting treat-ment of the captives in the Abu-Ghareeb prison at the hands of soldiers in uniform is all appalling and denotes the intensity of a depraved antagonism.

Are all these heedless dispositions and devastating wars not enough for arousing and triggering ma-levolence and revulsion among Muslims of the world. According to the American historian Kevin Reilly, “The bloodbaths have taught the Muslim to hate the West as they never did… in brief we find the Islamic civilization which was destroyed by the Crusaders in Jerusalem, was so refined that it should have opened the eyes of the invaders and desisted them (from doing what they did) in favor of peace.” He adds, “The people whose fathers, sons, brothers, daughters and sisters we killed or tortured to death, whose lands we confiscated and whom we made to march naked from their homes, the same people were kind enough to give us from their own food after we were routed, they gave us life when we were starving and showed benevolence when we were at their mercy.”217

Continuous patronage of everyone who rebels against Islam:Muslims alsonotice that anyonewho rebels against Islamhasbeenfinding theWest at his backsupporting with money and protection. This has been obvious at the level of parties, governments, intellectualsandindividuals.WehaveseenhowtheWestdignifiedSalmanRushdi,honoredhim,re-wardedhimandconferredgenerouslyuponhimtheirprizesandmedals,justastheydidtohislikes.This has not just been a matter of tactic but strategy, as we learnt from the RAND Corporation’s report for the year 2003 titled “Civil Democratic Islam – Partners, Resources and Strategies.”

Campaigns of Christianization:ThewestneverdesistedfromitsintenseattemptstoChristianizetheMuslimWorldwithallgivenmeans while exploiting the cursed trilogy (of ignorance, disease and poverty) to tame the underprivi-leged and convert them to Christianity, even though there are hundreds of millions of idol worship-ers whom they could have targeted with their campaigns. Right since the days of the Crusades, the WesthasleftnostoneunturnedtoChristianizetheMuslimWorld.TheyhavebeendeputingmissionsthroughouttheMuslimWorld,spendingbillionsofdollarsonthemandorganizinghundredsofcon-ferencestoponderonthismission.OnesuchconferencewasorganizedintheStateofColoradounderthesloganof“DonateaDollar–ChristianizeaMuslim.”218

Orientalism:TheSimplifiedEncyclopediaofContemporaryReligionsdefinesOrientalismas: “The intellectual trend that set on to study the Islamic East from various aspects covering its civilization, religions, literatures, languages and cultures.”219

217CavinRaylay–TheWestandtheWorld–TranslatedbyAbdulWahhābAl-Maseeri–Kuwait,1405Hijra/1981AD.(backtranslatedfrom Arabic to English) 218 Please refer to the proceedings of the “Colorado Conference”219(TheSimplifiedEncyclopediaofContemporaryReligions)–PublishedbyDārun-NadwahAl-’ĀlamiyahPressandPublishing,Riyadh

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Although the concept of Orientalist studies had come into existence long back, but major part of it took the Christian religious composition in Vienna in 1312 A.D. when the Church decided to establish a chair for Arab, Islamic and related subjects in the universities of Paris and Bologna etc. in order to learnabouttheIslamicCivilizationanddeteritsinfluenceonChristians.Butthefocuswasonlearn-ingtheArabiclanguagetotranslatetheHolyQurān,theSunnahandotherIslamicsciencesintotheEuropean languages in a distorted manner so that these distorted translations could become a major barrier in the face of Islam’s spread. That was exactly what the early Orientalists had done even be-foretheViennaResolution.PeterMigueltranslatedtheHolyQurāntoSpanishlanguagein1143inan aggressively distorted manner with the objective of exploiting it as a trumpet to shore up support for the Crusades.220HecalledonthewholeofEuropetofightthis“barbaricreligion”.BesidesthisCrusadicdimensionofOrientalism,mostoftheOrientalistswereignorantofthefinesseoftheArabiclanguage and other basic branches of Islamic knowledge which are essential tools for understanding Islam and its Law. They seldom hid their subjectivity, fabrication and arrogance.

Orientalism played a great and vital role in shaping the Western perspective of the Orient in general, andoftheIslamicWorldinparticularanditreflectstheintellectualbackgroundofthetheoryofClashofCivilizations.221Thisaccountofoursisnotaimedtocarryoutsweepinggeneralizations;certainlytherehavebeenOrientalistscharacterizedwithfairnessandobjectivity.

The intellectual output:Before saying anything about this output, I would like to elucidate the reality that not all Western intellectuals including the Orientalists are the same and similar. Among them are those who have characterizedthemselveswithfairnessanddependedonscientificfactswithoutfallingpreytothegeneralmilieuandnothavingbeenpushedbydubiouscovertorganizationsandmissionaries.Thesehave been a minority; the vast majority of intellectuals and Orientalists has been of those who look at Islamand IslamicCivilizationwithcontemptandenmity.Thismajorityhavebeen tryingwithvarious means to distort its realities, concepts, actuality and history to create psychological barriers todeterpeoplefromIslam.Dr.MuhammadAmārahwritesinthiscontext,“There are innumerable writings that speak of the West being the axis (of the human civilization) and due to this paradigm the Western Civilization been tending to contain others, taming them, fusing them into the pattern of its own civilization and value system. This tendency of the West has led it to adopt the path of clash in its relation with others. It has, rather, given its clash with others the notion of a noble cultural mission from which it hurls to civilize others, contain them and obliterate their individuality, traits, identity and advantages.”222

WhenwelookintotheinfrastructureoftheWesternphilosophywefindthatthetendencyofconfron-tation with others is predominantly its most important pillar and the strongest theoretical palisade. The Hegelian theory (Hegel, 1770-1831) of the philosophy of history stands on the notion of the mod-ern age superseding the ancient time through clash with the latter’s constituents, eliminating them and replacing them with itself.Likewise was the Darwinian theory (Darwin, 1809-1882) of Origin and Evolution which is based on thephilosophyofstruggleofthecreaturestowardssurvivalofthefittestandextinctionoftheweak-ness and annihilation of the weakest.

220 Ibid.221 Ibid.222Dr.Muhammad’Amārah–Forewordofthebook“HiwāruAl-Hadhārāt”byAtiyyahFathi–Al-ManarPublishers–P:8

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Above all these comes the philosophy of struggle between social classes whether in the form of Com-munism or in the liberal capitalistic form.223

MostoftheWesternphilosophersandleadersbelievethattheircivilizationisthefittestandthebestqualifiedtosurviveandthatthepeopleofothercivilizationsmustsubmittotheWesternCivilizationanditsvaluessothattheycanliveinblissandpower.Accordingtothemobliterationofotherciviliza-tions, and even their people if needed, as they did with the red Indians - is a genuine requirement like mercy killing of a terminally sick, which implies that death is better and more merciful than suffering from pain.ButtherealityandfactsspeakthattheWestneveraimeditsarrowstowardsanyothercivilizationasitdidtowardstheIslamicCivilizationandasithasbeenslanderingitandharmingitforcenturies.Thereason, perhaps, lies in more than one motivation. Most important among these are:

1. TheIslamicCivilizationischaracterizedwithconstituentsofinnatestrengths,defiance,com-prehensiveness and integrity which qualify it to be treated by the West as the biggest challenge to its fabricated fallacious strife with others.2. TheWest,throughitsinterimtacticsisattemptingtoutilizeallitsgivencapabilitiestosup-pressIslamandIslamicCivilizationfollowedbyothercivilizations.ThisiswhatSamuelHuntingtonexpressedunequivocallyinhisbook“TheClashofCivilizations”whenheproposedtothedecisionmakersintheWest,especiallyinUSA,tostartwithshatteringoftheIslamicandChineseCiviliza-tions followed by others.After the fall of Soviet Union and the end of Cold War, the West, especially USA, did not make redundant its intelligence agencies – which enjoy huge budgets and have a big army of intellectuals, Orientalists, journalists and writers on their payrolls – but targeted all these capabilities and facilities towards the new enemy in the form of the Green Enemy (Islam). This was systematically orchestrated through Global War Against Terror (or so called 3rd World War) starting with the “Fundamentalist Islam”,thenthe“PoliticalIslam”andfinallyIslamitselfasitis.In order to maintain their hefty budgets, it is never in the interest of these secret services and intel-ligence agencies to reduce the level of threat from this new enemy or to trim down their privileges insteadofinflatingthem.Theirperksandprivilegeshave,infact,shotupandtheirdominanceonthoughts and opinions of the political leaders, intellectuals and the society in general remains unde-terred.Thiswhytheyexpressedunambiguously:“InthePastIslamhasbroughtdowntwociviliza-tionstogether–theRomanCivilizationintheWestandtheSassanideCivilizationofPersiaintheEast. Today even with its feebleness and dispersion it was able to rout the Soviet Union (one of the two Super Powers). Hence it is not improbable that it can trounce yet another remaining single Super Power.Thusitisimperativetomobilizethemilitaryforcesanddirectallintellectual,informativeandeconomic capabilities to bring down Islam (and to consume it before it dines on us).”

The whole cavalries of the Capitalist-Communist Clash along their men and horses have set their direction towards the domain of Islam to combat it with full force and in it they are well reinforced withpower,financeandmedia.Throughanyterroristactperformedbyanindividualbelongingtothe Muslim nation, even just by name, they have been trying to portray Islam (not the individual/s) as fanatic, undemocratic and anti-West. They have been condemning and denouncing it for being vio-lent,brutal,anduncivilizedinordertoinfuriatethepublicopinionandsensitivityagainstIslamandthereby prepared it to accept wholeheartedly any action against Islam.224

223 Ibid224AtiyyahFathiAl-Weshi–TheDialogueofCivilizations–Al-ManārahPublishers,Kuwait,1422H–P:62

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All means of mass media have been put at the behest of this campaign. In its issue of April 16, 1979, theTIMEMagazinepublishedthepictureofaMu’azzincallingtoPrayerswithaclearcaptionun-derneathreading:ReturnofaMujahid(holywarrior).TheMagazinedealtindetailwiththeIslamicrenaissance and concluded that this uprising represents the spirit of fanaticism and return to barbarism of the Middle Ages.

TheMagazineobservedsomeminorthings,yetitconstruedbigandstrangeinferencesontheirbases.Forexample,itobservedaboutrevival,inEgypt,oftheuseofIslamicexpressionslike‘inshāAllah’(Allah willing), ‘Bismillah’ (I begin with the name of Allah) and ‘Al-Hamdulillah’ (Praise be to Al-lah) at the time of eating and riding a vehicle. It observed about Algeria that young boys regularly attend the congregational prayers in mosques. It observed about Tunisia that the students there over-lay with paint nude or exposed pictures painted on walls. It observed about Muslim women taking to dressing themselves in the Islamic manner, and so on. Such phenomenon, observed by TIME Magazine(blownoutofproportion),arequiteregularandordinaryinanyMuslimsocietyandpeopleare used to these, and in no way do such things denote the spirit of bigotry or return to barbarism as purportedbytheTIMEMagazine.

Luis Bernard, the historian with Jewish roots, along with his disciples (most of whom too are Jewish) led the campaign on the academic and theoretical fronts; on the journalistic front, it was led by Judith Miller. According to Dr. Edward Said, these people were able to project Islam as the lone candidate for being “the chatter stock for the media to be interlinked with terror.”225 They succeeded in depict-ing Islam as the new enemy for whom America and its military and intelligence apparatuses had been huntingsodesperately.ThiswasconfirmedbytheWashingtonPostin1991,statingthatastudywasbeingcarriedoutbythePentagonandtheCIAemphasizingtheneedtofindoutthenewenemyandthat Islam was the main candidate.226 Prior to that report, ex US Secretary of State Henry Kissinger hademphasizedinthespringof1990attheAnnualInternationalConferenceofChambersofCom-merce, “The new front that the West will have to face is the Arab and Islamic World considering it to be the new enemy of the West. The World must wakeup and watch out the dangers looming over from the side of Islam.”227

In fact in 1990 and 1991, British newspaper “Sunday Telegraph” and many other American, French andEuropeannewspapersandmagazineshadpublished several articles incontemptof Islam i.e.beforethecollapseofSovietUnion.ThatwasasignalandpreludetovilificationofIslamasenemyand antagonist in place of Communism; pictures were published of men in Arab costumes standing in front of mosques in Europe with their guns pointed to Europeans. On October 21, 1991, Mary Frances Stribua (an MP from French National Front) called upon her supporters to stand up as Crusaders of the twentieth century to wage a war against Islam in France so that France does not become the land ofIslam.HercallwasaclearincitementtoaruthlessfightagainstIslam.

A pretentious question, “Why they Hate Us?”:TheWesternmediawasabletocunninglyputastatementintheformofaquestionaffirmingindi-rectlywithatoneofcertainty,“WhyMuslimshateus;whydoArabshateus?”Theunmistakableconnotation of the question was skillfully infused into the minds of the Westerns masses as: “All

225Al-Mujtama’Magazine,Kuwiat,1417Hijra,P:45226 Ibid.227AtiyyahFathiAl-Weshi–TheDialogueofCivilizations–Al-ManārahPublishers,Kuwait,1422H–P:65

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Muslims, especially the Arabs, hate the West.” The irony is that not only was this fabrication turned into a reality, but instead of ascribing the causes of hatred to the imperial and tyrannical attitude of the West; instead of attributing its roots to the West’s support of oppression and repression in the Muslim World and to implantation of the strange state of Israel in the heart of the Muslim World, they related its causes to Muslims’ detestation of Western liberties: freedom of expression, freedom of belief and freedom to choose the government etc. President George W. Bush too expressed similarly and his Secretary of State, General Colin Powell said, “They hate the American value system, the system that upholds the human rights. They neither like our political system nor our democracy; in fact they abhor our achievements as a society.” Although President Bush and his Secretary of State, were speaking specificallyaboutterrorists,butasJameelMatarputsit,theattitudearticulatedthroughrelatingter-rorists and America’s respect for democracy is not at all new; in fact this is what even the fathers and forefathers in the West have been venting.228

The Western media, especially the American media, has been successful in getting through this lie to the America public and to most of the European peoples making them believe that we hate them, theirpoliticalandscientificinstitutions,theirdemocraticsystem,theirlibertiesandtheirtechnologi-calandscientifictriumphs.EssentiallythetruthisthatMuslimsdonothatethepositiveaspectsoftheWestern life, they only hate the attitude and actions of those Western leaders who represent tyranny, occupation and double standards in their dealings.

In this context we may mention the study carried out by two Western thinkers, Ian Buruma and Av-ishai Margalit, in which they have left no stone unturned to delve for conformity and congruence be-tweenArabsandMuslimsandNazisintheirabhorrenceoftheWest.Thetwowritershaveconcludedthat there are four factors that constitute the basis of this hatred, namely: civility, intellect, bourgeoisie and women’s rights.229

There are writers and researchers who focus on reinforcing the roots of this hatred in order to turn the whole Western world against Islam and Muslims. One of them is Brooks who quotes Bin Laden expressinghisabhorrenceoftheWestandthengeneralizesthosequotesforallMuslims.Likewise,therearemanytelevisionanchorsandpresenters,likeDanRazor,LetoutKohleen,DanielPipes,PeterBergen, Hail and many others.230

Role of the Cinema:For quite a long time Western cinema too has played a very effective role in defaming and slander-ingIslamandMuslims.Forexamplethefilm“TheDanceoftheSevenVeils”isfullofwinks,glints,gesticulations,suggestionsandoffensestoIslamandtheMessengerofIslam(pbuh).ThefilmisaHollywoodproduction.Anothersuchfilmis“TheSheikh”,1921,“CoffeeHouseinCairo”,1924,“TheBrideoftheDesert”,1928and“Casablanca”,1942.AresearcherhascountedtheWesternfilmsabout Islam and Muslims in the 1920s to be 87.231

MostofthesefilmswereMelodramaticfullofstuntsrevolvingaroundadventuresaboutsexandvio-lence in the desert, portraying Arabs and Muslims as barbaric, unsophisticated and savagely obsessed with dance, abduction of women and raiding for looting and robbery, as if they were bands of bandits.

228JamēlMatar-Researchpublishedaspartofthebook“Sinā’iyatuAl-Karāhiyah”–CentreforArabUnityStudies,2004–P:268;(thequotesofPresident Bush and Colin Powell have been backtranslated from Arabic)

229 Ibid. – P: 217-276230 Ibid.231Ibid.AtiyyahFathiAl-Weshi–TheDialogueofCivilizations

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Yetanotherfilmnamed“Phoenix”,1962,depictsMuslim-Arabpersonalityasconscienceless.Inthefilm,aplaneemergencylandsintheLibyandesertandthepilotandhiscrewseekhelpfromacaravanof Arabs. Instead of lending a helping hand, the Arabs come and slit their throats without any pity or mercy.

TheFilmtitled“Exodus”,1966,portraysthecharacterofaruthlessArabwhokillsafifteenyearoldIsraeligirlincoldblood.Thefilm“CastaGiantShadow”,1966,showsArabslaughingandglorify-ing God upon killing an Israeli girl who fails to come out of the car. In 1973, when Arabs threatened the use of oil as weapon, Jane Fonda, who had pleaded against the Vietnam war, played the lead role inthefilm“Rollover.”ThefilmdepictstheArabsasreligiousbigots,antifeminine,anticivilizationwhowanttodestroytheWesterncivilization.

Onemorefilm“TheWindandtheLion”,1975,showsArabskidnappingawomanandseekingfromtheAmericanpresidentahugeransomforfreeingher.Inthefilm“Network”,1977,ArabsareshownasfanaticsfromtheMiddleAgestakingovertheUSA.Thethemeofthefilm“BlackSunday”,1977,is about Arab terrorists planning to kill football fans, including the US president, at a major soccer event,butanIsraeliofficerthwartstheconspiracyandrescuesallthosewhoweredoomedtodie.

Thefilm“WrongisRight”,1982,revolvesaroundanArabkingwhopreparestohandovertwosmallnuclear devices to the leaders of a revolutionary group and seeks from them to explode the bombs in IsraelandNewYorkunlesstheAmericanpresidentresigns.Thefilm“Sahara’,1982,showsanArabSheikh muttering mantras over a young girl he had just raped.

ThetwopartsoftheHollywoodfilm“IronEagle”,1985,1988,representstheturningpointtowardsportrayingIslamastheEnemyNo.1oftheWestinplaceofCommunism.ThisfilmwasfollowedbyaseriesoffilmsfocusedondepictingtheparanormalMuslimArabenemyinpossessionofnuclearweaponsofmassdestruction.Theseincludefilmslike“TheDeltaForce”and“Revenge”,1986,“TheDeath before Disgrace”, 1986, “Stealing Heaven”, 1988, and “Anna in Seals”, 1990.232

After the incident of World Trade Centre bombing in September 1992, the interest of Hollywood in portraying Muslims in General and Arabs in particular as bands of wicked fanatics ready to destroy everything, took greater strides.

This role did not remain contained to the written media and cinema only, but television networks too joinedtheforayandplayedtheirroleinslanderinganddefamingIslamandMuslims.Inthefilm“Par-adiseRoad”whichfilmstheWorldTradeCentrebombinginSeptember1992theleadactorplayingtheroleofaUSintelligenceofficersays,“HereistheSheikhcomingalongwithhisdisciples.Theybelieve that we are devils and that the road to Paradise passes through our destruction. Thereupon the officerhurlsdirtyabusesuponMuslims.ThefilmconcludeswithaSheikhrecitingtheQurānandthen saying, “Wait for the coming blasts.”

Thefilm“JihādinAmerica”malignsthehistoricalaswellascontemporaryIslamiciconsslanderingthemwithworstvilificationandsymbolizesArabsandMuslimsasthesourceofeverymenaceaf-flicteduponthisworld.Anotherfilm“ExecutiveOrder”paintsArabsasmurderersandthosewhoer-ratically blast bombs provoked some Americans to the extent that they went on rampage of a mosque and killed all those who were in at that time.232 Ibid.

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Hollywoodfilm“TheSiege”wasmadewithaheftybudgetandpromotedthroughavastaggressivepropagandaandmarketingcampaign.ThefilmattemptstosendunequivocalmessagestotheAmeri-cancitizens infirstplaceand toWesternviewers ingeneral to theeffect thatArabsandMuslimsareterroristsbynature,upbringing,cultureandreligion,andthatthecivilizedworldwhichhostedmillionsofthemiscapableofrestrainingthembyvirtueofthegenuineAmericanbravery.Thefilmunmistakably instigates to clash and confrontation.233

Inthefilm“IslamandtheSword”wasshowninEuropecontinuouslyforfiveyears.ThefilmpresentsIslamasacreedessentiallycallingtoviolenceandcruelty,acreedthatisagainstcivilization,progressandcivility.Thefilmshowsscenesdepictingextremistgroups,scenesoffemalecircumcisioninadisgustingmanner,andscenesofunhygienicdwellingsandprimitivelybackwardandfilthyplacesin the Muslim World intentionally and relates these scenes to the nature of Islam. According to Al-HayātNewspaper,WaltDisneyhasproducedafilmtitled“ThreeDaysoftheCondor”whichdepictsArabs as evil mercenaries and merchants of white slaves. There are two Arab Muslims who act in a ridiculously ludicrous manner and are nicknamed as “Soldiers of Faith”. The duo speaks broken and flawedEnglish,wearlousylaughableoutfits,arepicturedlikeutteridiotsanddubbedas“bloodsuck-ers”.Theyaremadetosay,“WeshallnevergiveupourstruggleforJihād.”234

Study of IslamEgyptian daily Al-Ahram Newspaper published a study about the manner of studying Islam in the Western schools and universities and the curriculum of Islamic Studies taught. The study found that Islam is taught in a distorted and amputated manner; generally, it is not presented as a major heavenly religion,itispresentedthroughhistoryinamannerthatbelittlesitscivilization.Al-Ahrammentionsthe case of a female teacher at a school who distributed to the students a handout containing some of the glorious attributes of Allah along with some adjectives opposite to the attributes. The teacher asked the students to suitably relate the attributes and adjectives to Islam and Christianity. It was found that the students were taught the positives glorious attributes and adjectives to Christianity and the remaining, which implied toughness and force, to Islam.235

The role of Muslims in our own defamationNodoubtthatthiskindofWesternattitudeandfierceonslaughtagainstIslamandwhatitstandsforalong with the negative role of the media and the cinema clearly lack credibility and are obviously blunt in their prejudices, but these alone were not instrumental in slandering and distorting the image of Islam and Muslims. The disposition and conduct of some of the Muslim groups and individuals, especially in the West, certainly facilitated the remonstrating malicious elements in marketing their venomous merchandise. We have seen and heard in the West that among the Muslim communities there, there are thosewhowithout soundknowledge andqualifications issueFatwās legitimizingthe eating up of others’ possessions while in the West; and that they really plan to destroy the West although they have been living there and those countries sheltered them from the persecution they faced in their motherlands.

Likewise the harshness and crudeness of some Algerian groups with Muslims and others in the form ofslaughteringwomenandchildren,inexistenceofFatwāslegitimizingsuchacts,causedascriptionofaccusationsofhideousnesstoallMuslims.InIraqtooinfiltratorsfromamongtheBa’thistsandforeign secret services committed hideous crimes of slaughtering, murdering and kidnapping of those who were never proven guilty, which is a prerequisite in the Islamic law for sentencing someone to

233 Ibid.- P:73234Al-HayātNewspaper–September7,1997235 Al-Ahram Newspaper, July 12, 1996

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death. All these irresponsible acts had a colossal impact and it should not be surprising when in the nearfuturefilmsproducedwithahighlyprofessionalandeffectiveproductiontechniqueswillshowus these acts attributed to Islam and Muslims and thereby convince the West of the distorted image of Islam and Muslims being the reality.

IncontrasttheMuslimcountriespreviouslydidnotriseuptotheirresponsibilityofrebuffingthesefalseaccusationswithscientificmeansandeffectiveprofessionalmedia.TheMuslimWorlddidnotcomeupwithseriousresearchandqualifiedstudiestobepublishedandcirculatedinthemajorin-ternationallanguages.ItseffortsinpresentingIslaminanappropriatescientificmanneratthegloballevelareinsignificantascomparedtotheimmenseandenormousworkoftheopponentsofIslamandMuslims at all levels, be it academic, curricular, intellectual or through mass media. We Muslims as a whole are undoubtedly guilty of disregarding our responsibilities. The Western World today does not know about Islam more than what the adversaries of Islam have presented to it about it. This is substantiated clearly by the studies and statistics indicating the extent of ignorance of the people in the West about Islam in general, let alone about the real essence of Islam.

Need for clash - Samples from Western intellectuals of clashTherearenumerousWesternthinkerswhohaveembracedthetheoryofclashofcivilizations.Weshallbrieflymentionthreesamples,oneinstitutional-inlightofwhathasappearedintheRANDCorporation’s recent report - and the other two from the writings of two prominent American intel-lectualswhoplayavitalroleininfluencingandformulatingtheAmericanforeignpolicy.

6.2.b The Report of the RAND Corporation 2003-2004In presenting a précis of this report, we shall mention the important sections related to the subject of clash with brief commentary on each:

Theveryfirstparagraphofitssummaryprecedingtheactualstudyasserts,“Thereisnoquestionthatcontemporary Islam is in a volatile state, engaged in an internal and external struggle over its values, its identity, and its place in the world. Rival versions are contending for spiritual and political domi-nance.Thisconflicthasseriouscostsandeconomic,social,political,andsecurityimplicationsforthe rest of the world. Consequently, the West is making an increased effort to come to terms with, to understand,andtoinfluencetheoutcomeofthisstruggle.”

We may comment on this assertion as follows:a) If the ‘internal struggle’ here means intellectual, political and social differences, then they ought to know that these differences are not a product of this century or of the previous centuries. Some of these differences have emerged out of nature of the acceptable interpretative differences while others have risen out of the endeavors and interferences of Others (especially through ide-ologies of Liberalism, Communism, Socialism, Atheism and Permissiveness). Immense efforts have been put in by Orientalists and Islam adverse intellectuals, supported by Western policies (including those of Communism) designed to extirpate Islam with all given means. These efforts took the form of onslaught of Western occupations and Communist invasions of the Muslim World.

Wherever the Westerns imperialists went, in Asia, Africa or elsewhere, they imposed their own laws, systems, habits and traditions on the occupied peoples. Same was true in case of the Communist ag-gression against many Muslim countries. The occupation took the form of intellectual invasion as well as military takeover of many Muslim lands by both, the West as well as the Soviet Union.

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Consequent to various factors (which are beyond the scope of discussion herein) many in the occu-piedMuslimlandswereaffectedbytheimportedideologies,whichinturnledtoconflictbetweenthealien ideologies and the pristine Islamic creed and value system.

Hencethisinternalconflict,ifitwasrighttocallitso,isaconsequenceofthemilitaryandintellectualoccupationofourIslamicWorldbyOthers.Asitis,sinceitisaninternalconflict,theMuslimWorldshould be left alone to determine its own intellectual course and conduct its value system by itself without any external intervention.

Secondly,thisconflictisnotaboutbenefitingfromthenewandgainingfrommodernity;theconflictis between preserving the constants and between efforts of obliterating the constants, simply because Islamurgesuponitsfaithfultobenefitfromallthatisadvantageousfromthepastaswellasfromallthatisbeneficialinthepresent.

b) InstigatingtheworldofOther(non-Muslimworld)towardsthisconflictandalarmingitasbeingthreatened.Howaretheysupposedtoreact?Thereportwarnsonpage8:“Thisconflicthasdangerous costs attached to it and serious economic, political and security related implications on the remaining parts of the World.”

c) ThereportfromitsbeginningtoitsendascribestheconflicttoIslamitself,toitsinabilitytodevelop and to non-communication with the major international trend (P: 8). Likewise (on P: 10) it labels it as radical Islam or conservative (orthodox) Islam etc.

This is a blunder and strange intermingling. These attributes, if applicable, can be applied on Muslims notonIslamitself.IslamisjustoneintactentityrepresentedintheHolyQurānandtheSunnah.Sofaras interpretations are concerned, those are of Muslims. As far as the derogatory attributes of behavior and attitude - like being radical or conservative - are concerned these can be attributed to individuals only, not to Islam as a creed.

1. The report does not give Islam its due for being extremely concerned and caring about knowl-edgeandbuildingamarvelouscivilizationandthenleadingthatcivilizationforcenturies.Accordingto the American thinker, Paul Kennedy, “Islam, for centuries prior to the European renaissance, led the world in mathematics, cartography, medicine and several other aspects of science and industry; Islamic World had its libraries, universities and centers of learning when Japan and America did not haveanythingofthatsortandevenEuropepossessedverylittle…”.236

The report divides Muslims into three major groups:1. The Radical Fundamentalists who want the society to be conservative and are suspicious about modernity, innovation and change.2. The Modernists who want the Muslim World to be part of the progress the whole world is witnessing.TheywanttomodernizeIslamandintroducereformstoitinordertomakeitgoalongwith the time.3. The Mainstream Secularists who want the Muslim World to accept the notion of separating the religion from the state as is the case of the Western democracy.

ThenthereportdealswiththesegroupsandemphasizesupontheWest(includingtheUSA)tostudythesegroupsindetail.Thereportconcludesthatitisnotsoundtosidewiththeradicals.Itcategorizesthe Wahhabi ideology in Saudi Arabia and the Iranians among the radicals for simply and generally

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being anti-West and anti USA in particular. It declares that among these traditionalists there is no one who sincerely accepts modern democracy; hence peace with them shall not endure. It declares the modernists and the secularists as the nearest to the West from amongst these groups and recommends that they should be supported. The report puts forward a plan about the manner of supporting them through encouragement, printing their books, supporting them with money and media, introducing theirpointofview in thecurricula,publicizing theirviews throughallpossiblemedia,providingthem a political program through which they can operate and assisting them in building independent organizationsofthecivilsociety.(P:10-11).

The report adopts (promoting the notion that separation of religion and state is viable in Islam too).

ItisveryobviousthatthereportsuggeststotheWestthatitshouldnotrecognizeanythingelseotherthan Civil Democratic Islam (and this is very much the theme of the report) just like Civil Democratic Christianity. In West there are many political parties bearing names like Christian Democratic Party or Democratic Christian Party, which in fact do not belong to Christianity in any way except by name and some sentiment. According to the report the West should shun cooperating with even traditional Muslims (including the conservatives and the reformists). (P: 22).

WecansaythatthereportistryingtoinstigateyetanothermoredangerousconflictagainstIslamandMuslims, which could even prove to be the worst in the whole of history because it targets the essence of the religion itself. As if the report suggests to the West that there is no feasibility of coexistence withthisreligionbecauseitproduceswhatisdetrimentaltotheWesterncivilizationandiftheyre-ally want to coexist with the Muslim countries, they must revamp it to be like Christianity. This is exactly to what some of the Western thinkers have called to. Samuel Huntington had published an article much before the September, 11 disaster, in which he mentioned that all other religions except Islamhadbeensecularized.AccordingtothatarticleIslamistheonlyreligionisthehistorywhichhaspreserveditstextspristineastheywere,henceitwasimperativethatallofusjoinforcestosecularizethis religion.

Spreading misgivings about the Qurān:ThereportvehementlyinstigatedandstronglypersuadedforchangeeventotheQurānictext.OnPage 42, the report states, “We must strive to find a better interpretation for this subject (admonishing / beating wives) because neither the traditionalist Islamists nor the reformists among the conformists are able to do so”.

Thereportdidnotstophereatseekingbetter interpretationof theQurānic textsbutattempted tospread suspicions about their being genuine claiming that distortion and deletion had taken place therein, as there were at least two chapters that were lost in the process of its assembling together. On Page 40, the report reads, “The Qurān was not recorded in writing until well after the Prophet’s death. It was then assembled by collecting various scraps of bark or bone upon which witnesses to the revelations had recorded them and by locating individuals who had memorized certain chapters and sections and having them dictate the text as best they recalled it. This project eventually resulted in the production of several versions of the Qurān , which differed from each other. Eventually, to pre-

236 For details, please refer to Dr. Ahmad Al-Qadidi’s book “Al-’Eidaad Lil Qarn Al-’Ashreen; Kitaab Al-Ummah – Al-Islam Wa Ssiraa’ Al-Had haaraat – P:60-61

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vent discord, all versions but one was destroyed (see Parwez, 2002). It is widely accepted that at least two chapters were lost in that process. Modernists point out that some may also have been falsely or inaccurately recorded. To traditionalists, however, who revere it as infallible and divine, each letter of the Qurān and even the paper it is printed on, that notion is anathema.”

ThisstatementofthereportclearlycontradictstheQurānicassertion:“We have, without doubt, sent down the Message; and We will assuredly guard it (from corruption).”(Al-Qurān,15:9).Further-more this is one of the worst things to infuriate Muslim nation as a whole because all Muslims, including Sunnites and Shiites, even just non-Mulims, believe that it is the only holy book that has remained uncorrupted.237

ThereportgoesontoexplainthatitisimperativetofindoutpartnersforsupportingdemocraticIslamthrough alliances with secularists who are our best partners in the Islamic World (P: 44), whereas all Islamists, even the traditionalist among them (like conformists to various schools and mystics) are not suitable for being our agent trustees who can help make democratic Islam a reality. (P: 45).

ThereportencouragestheWesternleadersdotheirbestforsecularizationofIslam,justasMustafaKamal Ataturk did in Turkey, and that they need not consider it arduous. The report seems to have forgotten that Mustafa Kamal Ataturk failed miserably at the grass root level in spite of the military state of seventy years. Whatever little he achieved was through force, intimidation and worst kind of persecution of the faithful Muslims. Above all, the report seems to have missed that one of the impor-tant reasons of hatred towards the West is its support to the tyrannical dictatorial systems which keep workingtowardsactualizingitsinterests.

The prescriptions prescribed for the West by its thinkers and institutes of strategy are not prescrip-tionsforhealingandrecoverybutareselfsameofdiseases.TheseplaytheroleoffuelofbenzeneandgasolinepouredoverflamesofblazingpyreofclashandthereforeMuslimsdonottrustinanysolu-tion put forward by the West. The Western solutions, even if correct, are not favored with any trust at all because Muslims know that the West does not relish true Islam of any sort and that the West – premeditatedlyandwithalldefiance–wantsthemtochangetheirreligionitself.

When we ponder over the treatises of the political decision makers in the West, especially of the Americans, or those who design policies for the decision makers, and of the institutes of strategy whicharesoclosetothekitchensofdecisionmaking,wefindthattheWestdoesnotwanttosolvetheproblem of terrorism and extremism in the Muslim World, because terrorism and extremism provide itanexcusetocarryoutwhateveritdesigns.Itgivesitjustification(unlawfulthough)foroccupyingAfghanistan, Iraq and any other place it wants. It provides it a pretext for controlling strategically importantlocations,oilfieldsandstrategicwaterwaysetc.

Solutionofterrorismorextremismdoesnotlieinformalinternationalterrorismorofficialintellec-tual extremism. It must be treated through sound deliberations in the form of innovative reformist and moderate ideology which is embraced by most of the Muslim peoples and major trends of Muslim thought. However the report fails to mention this aspect. The menace of terrorism and extremism can-not be tackled but through wiping out the reasons of terrorism and extremism, the foremost among which is the terrorism of the state of Israel against the Palestinian people in their occupied land, their assassinations and expulsions, and destruction of the scale that has not seen it’s like in the history of

237ForexampleDr.MauriceBucailletheauthorofthebook“TheBible,theQurānandScience”hasscientificallysubstantiatedthattheHolyQurānisdivinelyguarded.

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criminal tyranny. In spite of all this the United States of America stands by Israel with all its given materialandfinancialpower,militarymightandwiththePowerofVetoattheUNSecurityCouncil.The treatment of the Muslim World and the Islamic movements too is featured with the same attitude.

The attitude and behavior of Britain, France, Italy, Holland, Spain and other countries, which occu-pied the Muslim lands and continue to occupy some, towards the occupied lands and the subjugated peoples, too was not different. All this has left deep impressions of hatred, antagonism and antipathy, butthematterisnotMuslimspecific;humanbeingsingeneraleverywherehatetheoccupierswhoso-ever the occupier may be. Sheikh Ahmad Yasin once said, “If my brother occupies my land and takes over my house, I shall fight him”. When Saddam Hussain occupied Kuwait, the people of Kuwait detested the Iraqi regime and its disciples. Not only the people of Kuwait did so but even within Iraq the Kurds and Shiites strongly abhorred the Ba’th Party’s regime, its supporter and its associates for their heinous deeds. Even Allah exceptionally excused the oppressed saying, “God loveth not that evil should be noised abroad in public speech, except where injustice hath been done; for God is He who heareth and knoweth all things.”(Al-Qurān,4:148).

In view of all this, the West should comprehend that Muslims abhor it only because they have been a victim of its injustices. Hence if it wants to mend and repair, it needs to eliminate the sources and causes of hatred, ensure justice and equity between all, measure all with one yardstick and give up its obvious double standards to which the whole world stands witness. Oppression, even if it is from par-ents to their own children, breeds hatred, malignity and sentiment of revenge. The biggest evidence to this effect is that the report itself mentions (on page: 66-67):

“In Eastern Europe, Balkan Muslims have developed and now practice an orthodox yet assimilated, secularized, modernist variant of Islam (Schwartz, 2002). Eastern Europe also provides dramatic instances of Western-Islamic friendship and cooperation, such as the (albeit belated) interven-tion of the West on behalf of persecuted Bosnian and Albanian Muslims. Non-Muslim European civil society rallied impressive support and displayed a high amount of solidarity and initiative. A Catholic organization, Caritas, raised a million dollars in one day just by asking Austrian super-market shoppers to add a donation to their bill. Interestingly, the campaign played on the notion that the beleaguered Bosnians should be helped because they were “neighbors”—religion was not mentioned. This chapter of recent history deserves more prominence. Hundreds of thousands of Bosnian refugees were warmly taken in by Western European communities and individual families during that conflict.”

“International criminal courts are applying the principles of secular human rights in an effort to pun-ish those who perpetrated ethnic cleansing against Muslims in the Balkans, seeking justice for them on secular grounds. Balkan Muslims enjoy a higher level of development than most of the Muslim world. This can demonstrate that friendship with the West is possible and that embracing democratic values leads to desirable outcomes and a better quality of life.”

ItispositivethatMuslimswhohavenaturalizedinEuropeandAmericahaveadaptedthemselvestotheir domiciles as their own countries and are patriotic to those countries within the limits of consis-tency with the glorious Islamic Law.

Spreading incredulity about the Sunnah of the Messenger of Allah (pbuh):ThenobleTraditionoftheMessengerofAllah(pbuh)hasbeenfiercelyslanderedinmanyways,forexample:

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1. The above mentioned RAND report hints to forging of sayings by people of different opinions and politicians and attributing them to Muhammad. It reads (on P: 77): “Almost since the inception of Islam, proponents of opposing views have put their own visions and interpretations forward on the basis,primarily,ofhadith.Wecanrefertothisformofideologicalconflictasthe“hadithwars.”ThisgeneralizationcontradictsnotonlywiththerealityaboutHadīthandthepainstakingeffortsofitsscholars,butconflictswiththescientificmethodologyofresearch,whichtheRANDCorporationwassupposedtohavefollowedinpreparationofthereport.Fornotfollowingthescientificmeth-odology, the report concludes that those who engaged in “hadith wars” lost those wars. Even as the report ascribed the reason of losing to prevalent illiteracy among Muslim, the truth is that this prior generalizedverdictagainstthenobleHadīthbythereportisnotatalljustified,needlesstomentionthatHadīthisthesecondsourceoflegislationinIslamandinterpretstheHolyQurān.This conclusion could be due to ignorance, of those who prepared the report, about the great efforts ofscholarsofHadīth,sincethefirstcentury(Hijra)untilthisdayinserviceanddefenseofHadīth-sifting the authentic and the acceptable and rejecting the forged and the feeble using extremely strict standards. This is why the report acknowledged: “Hadith is supposed to be judged by multiple com-plicated variables, the first of which is the context and reliability of the hadith.” (P: 77).2. The report says, “In theory, the study of hadith is a science and, indeed, a highly complex one. But in practice, the rigorous standards are meaningless, and politics reign supreme.” (P: 78).3. SpreadingincredulityaboutthemostreliablebooksofHadīth(Al-Bukhāri).Thereportsaysthat the Muslims claim Al-Bukhari was the most truthful and reliable compiler who collected six hundred thousand hadith and then sifted them and selected just seven thousand and six hundred of them. The report inquires scathingly about this work, “If we allow one single hour to process each hadith, Al-Bukhari would have had to work non-stop for about seventy years. Yet he is said to have completed this work in sixteen years. Was it physically possible for Al-Bukhāri to have examined that many hadith? The answer is no.” (P: 81).

The report ignores that this equation is based on ignorance about the veracity and essence of Al-Bukhari’sworkaswellasaboutthenumberofHadīth.Actuallythisnumberincludesnarrationsandthechainsofnarration.Therecouldbe,forexample,asingleHadīthwithtwentychainsandnarra-tionswhilebeingjustasingleHadīth.Furthermore,AllahhadgiftedAl-Bukhāriwithextraordinarywisdom, great talent and huge memory; he would not have needed all those hours when the narrators were of a limited number and he knew them. Based on his expertise, he could have reached his con-clusionaboutaparticularHadīthinjustafewminutes.Besidesthis,therearecertainHadīthwhichare well known for their feebleness and being forged or others which are famous for their authenticity. Both these categories do not need a great effort. Above all the divine benediction which is bestowed in the life of people (like Al-Bukhari) for their sincerity, devotion and dedication to service of the nobletraditionofthefinalMessengerofAllah(pbuh)(makesthemachievewhatmostpeoplecan’tjust imagine).

Succinctly speaking, harping on the incredulity already spread by some Orientalists does not kindle the candles of love and security but lead to hatred, disgust and more of clash and collision.

6.2.c Fukuyama:238 Francis Fukuyama published his famous article “The End of History” in the Summer 1989 issue of the American Interest journal and latter expanded it to a book published in 1991. According to him the movement of the history shapes within the framework of philosophy of clash between opposites;

238AJapaneseAmericanprofessoratGeorgeMasonUniversityspecializinginSociology.HeworkedasDeputyDirectorofPolicyPlanningatStateDepartment (Ministry of Foreign Affairs) before working at RAND Corporation for Strategic Studies. He became famous after publishing his article “The End of History” which was expanded and published in the form of a book in 1991 under the same title. The book was translated to Arabic by Hussein Ash-Sheikh: Beirut 1993. For details about his other publications, please refer to: Fathi Al-Weshis’s above referred book (The DialogueofCivilizations),P:43

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when one overpowers the other, the movement ends there. Hence the defeat that the Communist block facedandthedefinitetriumphtheWesterndemocracyandCapitalismwitnessedglobally,theprocessled to disappearance of the causes of clash. As a result of this overwhelming global victory, Western democracyandCapitalismreignsupremewithoutanyrival,henceallothercivilizationshavetosuc-cumb to the West.239

In the perception of Fukuyama, the West, after the triumph of liberal democracy, has reached the peak of intellectual and material power and military and political ascendancy. This is evident from the fall of regions and countries of Eastern Europe in the lap of the West. Rest of the countries of the world will have to follow the suit if they want to have progress and advancement. Communism, which posed the biggest challenge to the capitalistic democracy, has gone and the followers of Communist ideology have adopted the course of the West.

In his book, Fukuyama has focused on Islam as well. According to him, in spite of the talk about the globalappealofIslam,theobviousanddefiniterealityremainsthatthereligionofIslamdoesnothave any appeal beyond the regions dominated by the Islamic culture. The days of Islamic cultural in-vasionarebygone;althoughthereareaboutabillionpeoplewiththeiraffinitytotheIslamicculture,they are not able to challenge the liberal democracy at the intellectual or theoretical level.240

Fukuyama considers Saddam Hussein and his Ba’thist regime to be representing Islam and hence his defeat and fall mean the defeat of Islam. He goes on to say that with the end of the Cold War, the West saw a blatant challenge from Iraq under the leadership of Saddam Hussein, in whose ideological formation Islamic religion is an important factor.241

FukuyamahasthusdroppedthecurtainofthehistoryonallcivilizationswithexceptionoftheWest-erncivilizationwhichisbasedondemocraticcapitalism.Hesaysthatcertainlythelifeshallcontinuefrom birth to death; incidents shall continue to outbreak but there shall not be any advancement or progress with regard to principles, beliefs and institutions.242

Herationalizeshistheorybysayingthatallotherphilosophiesareinferiorandthusunabletoresist;Westernliberalvaluesareatthepeak,howcanothercivilizationsstandagainstthem,andiftheyhap-pen to stand in their face, they shall perish for good.

The philosophy of Fukuyama must not be understood that the clash has ended for good. It is based oninevitabilityofclashofcivilizations,whichinturnisbasedoninevitabilityofthehistory.ButtheWesterncivilizationhasreachedtodaytoastagewhereitiscapableofcontainingallotherciviliza-tions and values and to annihilate them.

6.2.d Samuel Huntington:243

239 Francis Fukuyama. The End of History. Translated by: Hussein Ash-Sheikh, Beirut. P:239240Ibid.P:226;AtiyyahFathiAl-Weshi–TheDialogueofCivilizations–P:62241 Ibid. (Fukuyama) P:61242 Ibid. (Fukuyama) P:16243 A Jewish America intellectual and a university professor. He worked as director of John Olin Institute at the Harvard University. He rose to fame

forhistheoryofClashofCivilizations.In193hewroteanarticleonthatsubjectandlaterexpandedittoabooktitled“TheClashofCiviliza-tions”.Hehasotherpublicationstohiscredit,like“TheThirdWave”,whichwastranslatedtoArabicandpublishedbySu’adAs-SabāhPublish-ingHouse,Cairo;Fordetailsabouthisotherpublications,pleasereferto:FathiAl-Weshis’sabovereferredbook(TheDialogueofCivilizations),P:43

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This Jewish American thinker is credited for unequivocally articulating the actuality of the Western attitude towards the Islamiccivilization,prevalentat least inmodern times.Hecouldexpress theWesternmind-setwhichistendentioustowardsthephilosophyofclashbetweencivilizations,notashis own stance he preferred and heralded, but as an actual inevitability of the Western attitude towards othercivilizations.Dr.Muhammad’Amārahsays,“While we reject the philosophy of clash, I had wished that we look at what Samuel Huntington has presented, as truthful expression of the reality of Western stance in its relation with others. That is the reality that we have experienced through history. What Huntington has explicitly disclosed to us as being constant and is going to continue in the near and distant future, the man deserves credit for not cheating us, as is the case of other Western writers and of most of our own westernized people.”244

In spite of this, the theory of Samuel Huntington spurred a massive storm of criticism and rejection from most of the writers and intellectuals in the Muslim World. They wrote extensively about it, but thestanceofDr.Muhammad’Amārahisrealisticanddeservesconsiderationandcontemplation.Thematter is not of the opinion of one or many of the Western intellectuals; it is rather the perception of institutes of strategic studies and policy designers. As a matter of fact realities on the ground stand witness to it.

LetusbrieflyannotatethemainthemesofSamuelHuntington’stheory:245 Firstly,accordingtotheauthor,moderntimesaremarredbyclashes.Conflictbetweencivilizationsisprevalentoninternationalpolicies;andthedividinglinesbetweenthecivilizationsshallbethebattlelines of future.

Theauthordiscussesthephenomenonofconflictbetweencivilizationsinthepastandassertsthatalong with the end of the Cold War, the international policies have been turning West oriented and movingwest-wards in such amanner that interaction between theWestern civilization andothercivilizationsisbecomingthemainfocusofthesepolicies.Butheidentifiesthisinteractionwithclashbetween theWesterncivilizationononehandand IslamicandChinesecivilizationson theother.WhentheWestwillhavewipedthesetwocivilizationsanotherroundofclashwillstartbetweentheWestandotherremainingcivilizations,namelyIndian,Japanese,SlovakOrthodox,LatinAmericanandAfricancivilizations.

TheauthortracesbackthehistoryofclashbetweentheWesterncivilizationandIslamtotheincep-tion of Islam and it’s spreading out and says that the clash along the fault line between the Western andIslamicCivilizationshasbeengoingonsince1300years.Theepicenteroftheclashinthefuturewill again be between the West and the Islamic and Asian countries.

Theauthordefinescivilizationasculturalentityandtheculturalidentityisthewoofandwarpofthisentity; it includes the religion, identity and history; it is diverse and distinct because of the language,

244Ibid.(Dr.Muhammad’Amārah.P:9)245ThisisbasedonthetranslationbyAs-SiyāsahAd-Duwalia,No:116,April1994

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history, culture and traditions, religion being the most important. Then he inquires about the causes ofclashbetweencivilizations.Why do civilizations clash? He replies that the reason lies in following things:1. Thebasicandsubstantialdifferencesbetweencivilizationsintermsofreligion,history, lan-

guage, culture, traditions and definition of relation betweenGod and humans and betweenindividual, group and family.

2. Transformation of the world into a smaller place. The world has become a small village whose sides and centre react to everything taking place anywhere on the globe. In other words inten-siveinteractionbetweencivilizationshasbeentakingplace.

3. Economicmodernizationandsocialchangetakingplacethroughouttheworldhavebeenstripingpeopleoftheiridentitiesandthereligionhasbeencomingintofillthevacuum,whichleadstoclash.

4. Consciousness of the West of its being at the peak of its power and that it certainly has the powerandwill;yettheMiddleEasternpeoplewantre-islamizationwhichleadstoclash.

5. Cultural characteristics and differences are the least of things that can be changed. These are fol-lowed by the religion. The writer says that religion is the biggest disuniting factor in severity and extent, it is a factor bigger than even race. A person may be half French and half Arab. A person maybearesidentoftwocountriesandholddualnationality,butitisdifficulttobehalfCatholicandhalfMuslim.Itisobviousthattheclashbetweencivilizationstakesplaceattwolevels.Atthemicrolevelneighboringgroupsclashviolentlyacrossthelineofvaluesbetweencivilizations.

After accounting these details, Huntington says that on both sides the interaction between Islam and theWestisconsideredclashofcivilizations.Theauthorfinallyconcludesthatincomparisonwithothercivilizations,theWestrightnowisattheextraordinarilypeakofitspower.Itsopponentsuperpower has disappeared from the global scene. A military clash between the western countries them-selves is inconceivable; western military might has no competitor. In future, the West is going to be thepivotoftheinternationalpoliciesregardingconflictbetweentheWestandtherestoftheworlduntilnon-WesterncivilizationsareturnedtoadoptWesternsystemofvalues.

ThisverybrieflyisthesummaryofHuntington’stheoryofclashbetweencivilizationsortheircon-flict.HoweversomethinkersareoftheviewthatthisisnotHuntington’sowntheory.246 According to them it is just an expression of the reality of Western standpoint and that there are incalculable writ-ingsthatareWestcentricandhavemadetheWesterncivilizationinclinedtocontainmentofothers,tamingthemandfusingthemintoitsownpatternofcivilizationandvaluesystem.Thistendencyhasadopted the path of clash in relation with others; it has rather made the clash with others, containing them and negating their individuality, specialty and identity “the noble mission of the Westerner is itscivilization”,civilizationthatcivilizesthoseothers.Islam,itsnations,itscivilizationanditsworldhavehadasuperabundantportionfromtheWesternendeavorthroughtheclashofcivilizations.Theman (Samuel Huntington) has not tried to deceive us in any way, but expressed the western standpoint whichistendentioustothephilosophyofclashbetweencivilizations,notashisownperceptionbutas a real inevitability. He simply is a describer. He is a describer when he says that the clash across thefaultlinebetweentheWesternandIslamiccivilizationshasbeengoingonsince1300years.SameapplieswhenhespecifiesthattheepicenteroftheclashinthenearfutureshallbebetweentheWestand the Muslim countries,247 or when he proposes to the decision makers to handle the clash in two stages:tostartwiththereisnootherwayexcepttostartexterminatingtheIslamiccivilization.On

246Dr.MuhammadAmārah–Forewordofthebook“HiwāruAl-Hadhārāt”byAtiyyahFathi–Al-ManaraPublishers247Ibid.P:8,9,11247 Ibid. P:8,9,11

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the other hand Samuel Huntington tries to evoke and revive the phenomenon of crusades. He often comesupwiththeterm“Christianity”whiledealingwiththesubjectofWesterncivilization.Heandhis likes eagerly try to resurrect, in the hearts and minds of Christians, those who died in the name of Christianity so that they can confront the religion of Islam. They strive for this cause keeping in mind that iron is dented only with iron and with purpose of psychological preparation for religious clash. This of course is the most dangerous of all clashes, yet they want to rally the comprehensive apparatus ofclash,includingmoral,religiousandmaterialmobilizationtoconfronttheimminentdangertotheWesterncivilizationposedbyIslamanditsfollowers.248

6.2.e The stance of Pope Benedict XVI towards IslamSoon after Benedict XVI was chosen to head the Catholic Church, the world was taken by surprise when he delivered his speech in front of a large congregation of his disciples at South Germany’s GutenbergUniversityonSeptember12,2006.RelatingadialoguebetweentheEmperorofByzantinewith a Persian man, the Pope vehemently attacked Islam, in the guise of the words of the Emperor, withoutany justificationor reasonability.The lecturecausedanuproarand infuriated theMuslimworld reminding them of the bitter memories of acts of the Christian Crusaders, especially the Catho-lics, against Islam and Muslims and of what was done not only to Muslims but even to the followers of other religions in Spain and Levant etc.A large number of Muslim scholars rebuffed those controversial allegations. Through his valuable book“ThePopeandIslam”,hiseminenceSheikhYusufAl-Qaradāwi,presidentoftheInternationalUnionofMuslimScholarstoorespondedandscientificallyrefutedthesuggestiveallegationsofthePope. 249

In the following pages, we are quoting the two credible communiqués of the International Union of Muslim Scholars:

Communiqué No. 1

Rebuttal of the assertions of Pope Benedict XVICommuniqué of president of the International Union of Muslim Scholars250

Islam the religion of reason and mercy

In the name of Allah, the Gracious, the Merciful

I was taken by surprise and Muslims across the globe were astonished by the assertions of the pope Benedict XVI, during his visit to Germany, about Islam and its relation to intellect on one hand and to violence on the other hand.

BeingthehighestauthorityofChristendom,weexpectedthePopetodeliberate,scrutinizeandcon-sult when he had to talk about a great religion like Islam which has been existent on the globe for fourteen centuries, is followed by one and a half billion humans and possesses the divine document containingthefinaltestamentrevealedtothehumankind–theHolyQurān–whichcontinuestobereadjustasinscribedduringthecaliphateofUthmān(mAbpwh),isrecitedaswasrecitedinthelife-timeofMuhammad,thefinalmessenger,(pbuh)andislearntbytensofthousandsofheartsacrossthe world.

248AtiyyahFathiAl-Weshi–TheDialogueofCivilizations–P:85249 Published (in Arabic) by Al-Wahbah Publishers, Cairo, 1428 A.H. / 2007 A.D.250ThecommuniquéwasissuedonSha’bān21,1427Hijra/September14,2006ADwiththesignatureofthePresidentoftheInternationalUnion

ofMuslimScholarsandbroadcastbyAlJazeeraSatelliteChannel,publishedbyperiodicalsandnewsagencies.Fordetails,pleaserefertoIUMSwebsite: http://www.iumsonline.net/articles/2006/09/07.shtml

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But the Pope – who is reported to be holding the professorship of Theology and History of Belief at the University of Ratisbon since 1969 – hastily disparaged Islam, rather attacked its belief and law, in a manner that is not appropriate to come from a personality like his.

In a swarming congregation of more than two hundred thousand persons the Pope spoke of Islam withoutreferringtoitsHolybook,theQurānorquotingfromthetraditionofitsmessenger,Muham-mad (pbuh). The Pope, instead, settled for mention of a dialogue of the 14th century between the then emperorofByzantineandaPersianMuslimintellectual,whereintheemperorhadridiculedthemansaying, “Show me what is new that was brought by Muhammad? You will not find anything other than villainous inhuman substance, like his orders to spread the religion - that he preached - with the blade of sword!”

ThePopeforgotthatMuhammad(pbuh)hadcomewithwhatisbyfarmuchmoreprolificthanwhatChristianity or Judaism before that came with; that he had come with a system of harmony between spirituality and materialism, between this worldly life and the life hereafter, between the light of the intellect and the light of revelation; that he had come to set equilibrium between the individual and the society, between rights and responsibilities; that he unmistakably established brotherhood among different social classes in the society and between societies and diverse peoples; and that the book he came with said, “O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you.”(Al-Qurān,49:13).

The Pope forgot that even though the religion of Muhammad (pbuh) prescribed matching an offense with a similar offence, but it preferred forgiveness and; that it called to peace while at the same time commanded its believers to be always prepared for war, “to strike terror into (the hearts of) the ene-mies, of God and your enemies”(Al-Qurān,8:60);thatIslamestablishedwomen’srightsandhonoredher as human being, as woman, as daughter, as spouse, as mother and generally as a member of the society; and that Islam abolished many regulations that had become yokes of Judaism, “allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure); He releases them from their heavy burdens and from the yokes that are upon them.”(Al-Qurān,7:157)

SofarastheslanderousdialogueoftheByzantineemperor-claimingthatMuhammadcamewithnothing but wickedness and anti-humanism and ordered his disciples to spread his religion with sword – is concerned, that had been a fabrication based on sheer ignorance of the history or an un-diluted lie. History has not seen any one who fought wickedness, called to righteousness, prescribed dignity of a human being and revered human nature as was done by Muhammad (pbuh) who was sent as“Mercyforallcreatures”(Al-Qurān,21:107)

Claiming that Muhammad (pbuh) ordered his followers to spread his religion with the blade of the sword,isthebiggestdeceit.HereiswhathisHolyQurānorderedhimandhisfaithful,“Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious.”(Al-Qurān,16:125).ThefactisthatIslamneveroverpoweredapeoplebysword,it rather overpowered the sword which was unsheathed against it right from the day one. Muhammad, theMessengerofAllah (pbuh)continuedbearing theharassmentandordeal inflictedagainsthimand his companions on the path of Allah until it was revealed to him, “To those against whom war

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is made, permission is given (to fight), because they are wronged;- and verily, God is most powerful for their aid; (They are) those who have been expelled from their homes in defiance of right,- (for no cause) except that they say, ‘our Lord is God’”.(Al-Qurān,22:39-40).

IslamprescribedJihādforself-defenseandtoresistpersecution–persecutionbeingmorecriminalthanmurderandgraverthankilling.AllahsaysintheHolyQurān,“Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors.” (Al-Qurān,2:190).Atanother place He says, “Therefore if they withdraw from you but fight you not, and (instead) send you (Guarantees of) peace, then God Hath opened no way for you (to war against them).(Al-Qurān,4:90).

Islam does not acknowledge the faith of someone who enters into its fold coercively, Allah says, “Let there be no compulsion in religion: Truth stands out clear from Error.”(Al-Qurān,2:256).

What does his holiness say about what is mentioned in the Bible – in the Book of Deuteronomy, “A town where Moses and those with him enter, they must kill all its males with the edge of the sword …Sofarasthepromisedlandisconcerned,itisareligiousrequirementthattheyleavenohumanbeing alive there.” This means genocides and exterminations similar to those executed by Christian Europeans with the Red Indians, when they entered America, or with Aborigines, when they entered Australia.

We had high expectations from his holiness that even from his out of context talk about Islam and the Messenger of Islam (pbuh), he would deduce something objective, for example about the violence carried out by some Muslims, that it was partly legitimate and in accordance with religions, laws, rules and morality, as in case of the national resistance in Palestine or Lebanon or Iraq etc., and that branding it all as violence and terrorism was an obvious injustice and distortion of the facts. We ex-pected him to state that some of the violence has been condemned by Muslim masses everywhere –liketheepisodesofSeptember11–andthatmostoftheunjustifiableviolenceemanatedfromtheinjustices perpetrated against Muslims world over before the very eyes of religious leaders of the West, who hush up and close their eyes towards these and some of them even bless these.

However, in his mass the Holy Father said that God in the Islamic belief was ultimately exalted and Hiswillwasnotassociatedwithanythingofourexpressionsoffaithorevenwithintellect!ThePopecompared Islam with Christian thought saturated with Greek philosophy and thereupon asserted that Christianity rejected inaction on what was logical and against nature.

Had the pontiff bothered himself or delegated to one of his disciple to refer– even cursorily – to the springheadofIslam(theholyQurān),hewouldhavefoundtensofverses,ratherhundreds,whichex-tol the intellect and call for contemplation and meditation and which reject dubiousness in the sphere of beliefs just as they disapprove following the desires and blindly patterning after the predecessors andthemenofinfluence.ReasoningissoimbibedintotheIslamicbeliefthatoneofthegreatwriters[AbbāsMahmoudAl-Aqqād]pennedabooktitled“Deliberation–anIslamReligiousObligation”.

Itsufficesustoquotetwoofthedivinesayings:“Say:‘Idoadmonishyouononepoint:thatyedostandupbeforeGod,-(Itmaybe)inpairs,or(itmaybe)singly,-andreflect(withinyourselves)’.”(Al-Qurān,34:46)“DotheyseenothinginthegovernmentoftheheavensandtheearthandallthatGodhathcreated?”(Al-Qurān,7:185).

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Had the Pope referred to the sayings of some of the great Muslim scholars, like Al-Ash’ari, Al-Māturīdi,Al-Bāqillāni,Al-Juweini,Al-Ghazzāli,Ar-Rāzi,Al-’Āmidi etc, hewouldhavecertainlyfound them saying, “Intellect is the basis of citing the sources; had there been no intellect there would not have been corroboration with the sources nor would have revelation been substantiated, because verificationofprophethoodtooactualizesthroughintellectonly;prophethoodofaparticularpersonalso is ascertained through nothing but intellect.”

PrudentscholarsofIslamdonotrecognizethefaithofsomeonewhobelievesinIslamjustpattern-ing after his ancestors without using his own mind and pondering over its substantiations, even in a general sense. The author of Al-Jawharah says, “Whosoever imitates (others in belief) in oneness of Allah, his faith can be subject to refutation.”

Ifitwasdesirabletocomparethetworeligions-IslamandChristianity-,wewouldfindthatitisChristianity which does not reckon with the intellect in the sphere of beliefs and it commands: “be-lieve first and then know; believe blindly; close your eyes and follow me.” In Islam, on the other hand, knowledge precedes faith and faith is the fruit of knowledge.” Allah says, “And that those on whom knowledge has been bestowed may learn that the (Qur’an) is the Truth from thy Lord, and that they maybelievetherein,andtheirheartsmaybemadehumbly(open)toit”(Al-Qurān,22:54).

ImāmMuhammadAbduhpennedhisbook“IslamandChristianitywithScienceandCivilization”torebuff the claims of one of the eastern Christians who said that Christianity accommodated science andcivilizationunlikeIslam.Therebuttalwasscientificandsubstantiatedwithlogic,historyandre-ligiousauthenticityandscientificfacts.Hesaid,“The foundations on which Islam stands are the ones right fertile for fruitfulness of civilization and civility. This includes faith in the intellect, rejection of religious clout, and synergizing between the worldly life and the life hereafter. This is in contrast with Christianity which is founded on preternatural and does not believe in observance of the laws as emphasized by Islam. One of the Christians theologians (Augustine) says, “I believe in it because it is inconceivable or unreasonable!”

Had Islam discarded the intellect or disregarded it, how could they have established the marvelous civilizationthatintegratedknowledgeandfaith,materialcreativityandspiritualtranscendence,fromwhichthewholeworldkeptdrawingandderivingformorethaneighthundredyears?EuropewasthemainbeneficiaryandacquiredfromittheinductiveexperimentalapproachinsteadofAristoteliansyllogisticapproach.Thishasbeentestifiedbyhistoriansofscience,likeGustaveLeBon,RobertBriffault, George Sarton and many others.

Itwas through Islamiccivilization thatEuropecame toknowofAristotle’sphilosophyas itwaselaborated by the great Muslim philosopher Ibn-Rushd. Had Ibn-Rushd not existed, Europeans would nothaveknownAristotle!

The assertion of the Pope that the will of God in Islam was absolute and unrestricted, although cor-rect in general, but the scholars of Islam are unanimous that the will of Allah is coupled with his knowledge and both are correlated; He does not will anything contrary to wisdom; one of His attri-butesfrequentlyappearingintheHolyQurānis“Al-Hakīm”(theJudicious/theWise).Heiswisein His creating and in His lawgiving; He does not create anything in vain nor does He set a law just forfutility;Hedoesnotenactanythingthatcouldnotbebeneficentandvirtuousforhiscreation.HisfinalMessenger,Muhammad(pbuh)saidinhisinvocation,“Beneficence lies in Your presence and wickedness does not find its way to You”.

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MuslimtheologiansoftheMu’taziliteschoolgototheextentofassertingthattheactofbeneficenceand highest virtuousness is an obligation upon Allah the Almighty.

ThishasnotbeenthefirsttimewhenthecurrentPontiffhastakenanegativestanceagainstIslamandMuslims which depicts negligence or apprehension or something more.

Inhisfirstpontificalmass,afterhiselectioninlateApril2005,hedidnotmentionMuslimsevenwitha single world, whereas he mentioned “the dear brethren” from the Jewish people with words brim-ming with love and honor.

During the celebrations of the International Day of the Youth in the German city of Cologne, in late August (of that year), he met with representatives of the Muslim community of the metropolis and expressed his deep concern about the spread of terrorism. In this meeting he stressed upon Muslims the need to tear out the spitefulness from their hearts and to confront all expressions of intolerance anddiscardwhateverviolentbehaviormaymanifestfromthem!

This reprehensive tone had a peevish impact on the hearts of Muslims because of what it manifested ofnarrowvisionandthesuperficialperceptionofthesourcesandreasonsofterrorism.

Similar impact was left by the audience of his holiness to the US resident Italian writer (Oriana Fal-laci)whoisknownforherincitingfierybooksandblazingarticlesagainstIslamandMuslimsandbelieves that there is no such thing like radical Islam or moderate Islam. According to her the whole of Islam is extremist and that the difference between Christianity and Islam is substantial.

Previously all such stances used to be considered negative towards Muslims, however in modern timesthematterhastakenthemanifestationofbeingagainstIslamitself.InlightoftheHolyQurān,weMuslimsconsiderChristiansasbeingnearesttoMuslims(Al-Qurān,5:82).MuhammadtheFinalMessenger of Allah said, “I am the most intimate of all to Jesus the son of Mary.”

TheHolyQurānhasdedicatedawholefullchaptertoMarythemotherofJesus.OneofthemajorchaptersoftheQurān(Āl-’Imrān/theHouseof‘Imrān)dwellsuponthefamilyofJesus.WhodoesnotknowofthereveredstatusofJesusandhisbookinIslam?WeMuslimsdonotwanttoescalatethe situation, but we seek an interpretation for what is happening and what is the purpose of all this. We also seek from the Pontiff to make an apology to the Muslim nation for having affronted their religion.

We had wished from his holiness to call for a positive dialogue between religions and to a real dis-coursebetweencivilizationsinsteadofconfrontationandclash.Wehavepreviouslyrespondedposi-tively to the invitation from Saint Jedio Association of Rome for a Muslim-Christian dialogue. We have also witnessed a session of dialogue with Christian clerics in Rome and Barcelona at what was called ‘Muslim-Christian Summit’. We also participated in Muslim-Christian dialogue conferences at Doha. After all that, does his holiness want us to shut the doors of dialogue and prepare for clash inwarorrenewedcrusades?

President George W. Bush of USA renewed the crusades and declared them unambiguously in the name of Christianity. We Muslim, on our part, call to peace because our religion instructs us to do justthat.Howeverifwarisimposedonus,weshallhavetoreluctantlyfightitandthereinweshallbelookingforeitherofthetwopleasantoutcomesasmentionedintheHolyQurān(Al-Qurān,9:52).OurHolyQurāntellsus, “Fighting is prescribed for you, and ye dislike it. But it is possible that ye

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dislike a thing which is good for you, and that ye love a thing which is bad for you. But God knoweth, and ye know not.”(Al-Qurān,2:216).

Our Messenger (pbuh) tells us, “do not wish meeting the enemy; seek safety from Allah; but when you happen to come face to face (with your enemy), be steadfast and know that that the paradise lies under the shade of swords.”251

We hereby call to toleration, not to bigotry, to dialogue, not to confrontation, and to peace, not to war. However, we shall not accept that anyone attack our belief, our Law and our values or blaspheme our beloved Messenger of Allah (pbuh) with a word of affront, in which case Allah has permitted us to defend ourselves, because He does not love the oppressors.

Chairman of the International Union of Muslim ScholarsDr. Yusuf Al- Qaradhawi

Communiqué No. 2

Communiqué of the International Union of Muslim Scholars252 Regarding the position of Pope Benedict XVI

towards Islam and the Messenger of Allah (pbuh)

Praise be to Allah; peace and blessings be upon the Messenger of Allah, his family, his companions and those who pursue his path.

The International Union of Muslim Scholars, although, provided a chance to the Pope Benedict XVI to omit the untrue utterances which were offensive to Muslims, to their religion, to their Holy Book and to the Messenger (pbuh), and in spite of the communiqués issued by the Chairman of Interna-tionalUnionofMuslimScholars–Prof.Dr.YusufAl-Qaradāwi–anditsSecretaryGeneral–Prof.MuhammadSalīmAl-’Awā,theUnionseesthatthereisnoneedforthePontiff’sapology,becauseanapology after insult is of no use; the Union had sought only omission of the indicated text from the formal speech.

The International Union of Muslim Scholars, although, provided a chance to the Pope to omit the untrue utterances which were offensive to Muslims, to their religion, to their Holy Book and to the Messenger (pbuh), and in spite of the subsequent communiqués issued by the Chairman of Interna-tionalUnionofMuslimScholars–Prof.Dr.YusufAl-Qaradāwi–anditsSecretaryGeneral–Prof.MuhammadSalīmAl-’Awā,wherein theUniondeclared that therewasnoneed for thePontiff’sapology, because an apology after insult was of no use, the Union had sought only omission of the in-dicated text from the formal speech, however, these calls fell on deaf ears and there was no response.

Since then whenever the Pope has spoken, he has been just alluding to misunderstanding of his utter-ances as having accused Muslims, and that the Muslims were outraged – in support of their religion, their book and their prophet – simply for not having understood him. The Pope repeated time and againthatwhathehadsaidwasnothingbutquotingtheByzantineOrthodoxemperor(whomthePope considers non-Christian) and that those quotations did not represent his own views, even though

251 Unanimously accepted as authentic252 The communiqué was issued on Wednesday, September 26, 2006 Please refer to IUMS website: http://www.iumsonline.net/articles/2006/09/15.shtml

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the whole lecture from A to Z was based on the Emperor’s utterances, which clearly meant that the Popeintendedtoadoptwhathereportedfromtheemperor,buildonthatandemphasizeonitsmoldycontent in the minds of his audience throughout the Catholic world.

The International Union of Muslim Scholars has taken notice of the fact that all the themes of his lecture and its content, although very offensive towards Islam, mentioned other religions by name butfailedtomentionIslamevenonce.Instead,itmentioned‘Muslims’.WhiletheUnionrealizesthestance of Catholicism about all religions and belief systems of the world, it is not acceptable to ex-clude Islam alone from amongst the major world religions (which according to Catholic doctrine are blasphemous); it was in plain sight that he mentioned all religions one after the other, except Islam, and when it came to Islam, irrespective of Vatican’s own stance about it, he mentioned Muslims only as groups and peoples – not as the people of a religion.

TheUnionwas takenabackthatwhen,onMonday,2ndRamadhān1427Hijra /25thSeptember,2006, the Pope met with ambassadors of the Muslim countries at Vatican, he did not make any men-tion of his lecture whatsoever and called for dialogue as it was the need of the future, as he claimed.

In view of the above, the Union declares that the dialogue to which the Pope is calling is neither vi-ablenorlogicalastheHolyQurānguides,“AnddisputeyenotwiththePeopleoftheBook,exceptwithmeansbetter(thanmeredisputation),unlessitbewiththoseofthemwhoinflictwrong(andinjury)”(Al-Qurān,29:46).Yes,wehavebeenwrongedandseverelyoffendedbytheutterancesofthe Pope and that is not going to be undone by what he has said in his meeting with the ambassadors.

TheHolyQurānpreventsMuslimsfromsittingwiththosewhomakeamockeryoftheirbook,say-ing,“AlreadyhasHesentyouWordintheBook,thatwhenyehearthesignsofGodheldindefianceand ridicule, ye are not to sit with them unless they turn to a different theme: if ye did, ye would be likethem.”(Al-Qurān,4:140).

Based on these facts, the Union has decided not to engage in any contact whatsoever with the Vatican oritsrepresentativeorganizationsoritsdiplomatsintheArabandIslamiccountriesoranywhereelseuntil a new stance of the Pope comes to light which shall make a constructive and feasible dialogue possible. The Union declares this decision for information of the whole Muslim World and calls upon those responsible for religious and political affairs to take a stand that is in line with their faith, conscience,honoroftheirnationandtheirbelongingtothefinalMessengerofAllah(pbuh)andhisnoble companions (mAbpwt). This cultural boycott is the least they must do towards insistence (of the Pope) on not accepting the truth and towards obvious egotism apparent in not withdrawing the untrue utterances from his speech that have offended Muslims.

ItisimperativethattheUnionremindthePopeandallChristiansofhowtheHolyQurānhasde-scribed the Christian pontiffs as well as the common Christians. Allah says, “and nearest among them in love to the believers wilt thou find those who say, ‘We are Christians’: because amongst these are men devoted to learning and men who have renounced the world, and they are not arrogant. And when they listen to the revelation received by the Messenger, thou wilt see their eyes overflowing with tears, for they recognise the truth: they pray: ‘Our Lord! we believe; write us down among the wit-nesses’.”(Al-Qurān,5:82-83).

The least that Muslims expect from Christians is comparable equity, without which positive relation between the two sides shall not be viable nor shall any dialogue bear virtuous fruits.

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Praise is due to Allah, the Lord and Cherisher of all existence.

Signed by:

The Secretary General ChairmanMuhammadSalīmAl-’Awā ProfessorYusufAl-Qaradāwi

6.2.f Islam and the West - Who is fighting the other?Through their enormous media machines, armies of media workers and skilled analysts, most of the Western political leaders can change facts and depict truth as untruth and establish unreality as reality tillthevictimappearstobetheoppressorandthetyrantlookslikethetyrannized.Thisiswhatwehave been seeing in most parts of the Muslim world, in Palestine and elsewhere.

ThushavetheybeenabletodepictIslamasreligionofterrorandMuslimsasaggressorswhofighttheWestingeneral,hateit,itscivilizationanditsdemocraticvalues.

However, the truth is quite opposite of this impression. As mentioned hereinabove, Islam in its es-sence and practice is the religion of mercy and magnanimity. Muslims have been the victims of the Western tyranny (including occupation, plundering of wealth, looting of heritage, obliteration of identity and supporting of dictatorship), and they continue to be in the stage of resistance to the occupiers as they have not yet regained their complete freedom; they, in fact, are going through the weakest phase of the entire history of the Muslim Nation.

Despite all this, most of the Western leaders look at Islam and Muslims as the worst enemy of the Westandofitscivilization.InJuly,1990,whenNATOheadsofstatesheldtheirfirstsummitmeetingin London after the fall of Soviet Union and disintegration of Warsaw Pact (the military arm of the Communist Block), to which - as mentioned previously - Islam and Muslims contributed a great deal, the meeting was described to be the most important in the history of NATO since 1949. During the meeting, confrontation with Islam was not only part of the deliberations but was very much high on the agenda. This was indicated in the statement of the Italian Foreign Minister who happened to be theheadoftheEuropeanMinisterialCouncilthatterm.Newsweekmagazinepublishedit’sinterviewwith him (in the issue of July 2, 1990; P: 56). The interview touched several issues about NATO under thetitle‘WhyshouldNATO’sMissionChange?’Oneofthequestionswas:SincetheWestnolongerfacesamilitarythreatfromtheEast,whydoesEuropethenneedNATO’sstrikingforce?

TheMinister’sreplywas:Itwillbewrongtoforfeitthesecurityorganizationthathasbeenbuiltoverforty years. Although we are going to witness a phase of peace but the tension between some of the NATOcountriescontinuestoexist,likeincaseofGreeceandTurkey.[…]Itistruethattheconfron-tation with Communism no more exists, but yet there is a possibility of another confrontation replac-ing the confrontation with Communism, that is the confrontation between the West and the Islamic World.

Whenthemagazineaskedanotherquestion:Howcouldsuchconfrontationbeavoided?theMinisterreplied: Europe has to solve its problems so that the Western model becomes most attractive and more acceptable to others in various parts of the world.

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Commenting on this, Fahmi Huwaidi said, “We do not want to exaggerate in this regard… We want to put the utterances in their context without sounding alarming or sycophantic, especially when these are the utterances of a high official of an important European country, besides his capacity of repre-senting the political will of whole of the European Union. These were issued and publicized on the eve of the European Union’s summit meeting. The speaker is important and the occasion too is important, hence we must deal with what he has said with due seriousness and responsibility.”

“The Minister’s utterances confirm what we have been saying that this is not the first instance when this subject has been touched. In fact such discourse has been constantly present in the European and American media ever since the Iranian Islamic revolution took place in 1979. This discourse reached its peak recently subsequent to the hubbub that followed the publication of Salman Rushdi’s book ‘The Satanic Verses’. British newspaper Daily Telegraph was among those who unequivocally expressed this stance. The newspaper, in its issue of Sunday, 19th February 1989, published two ar-ticles titled “Why Can’t the West forget its Antagonism to Islam?” and “We Are in Need of Lessons for Confrontation of Islam”. Another article that has come to my attention among many such writings is an article published by Washington Post on February 16, 1990, titled “The New Arch of Crisis – The International Islamic Intifaada”.

“Over and above what the Western media has been publishing in this regard, I have heard loud voices from Washington, when in January of this year there were politicians and academics who unambigu-ously said exactly similar to what the Italian Minister has said. According to all of them the confron-tation with Islam and Muslims is the substitute candidate for the confrontation that ended against the Eastern Communist Block, especially when the latter has actually ceased to be a block, its Com-munist ideology is fast waning and its Eastern-ness has turned to be nothing more than geography!”

“I have also noticed that this point has been appended to the inquisitions of the Westerners in Egypt including diplomats and journalists. Usually their inquiries used to revolve round three themes: what is the stance of the Islamists towards terrorism, non-Muslims and women? Especially during the last two years a third theme has been added to the inventory: position towards the West!”

“We do not want to go into the details of evidences and witnesses; the matter has been dogmatized and confrontation between the West and Islam has now become a hot issue of pondering for Western strategic thought more than any other time in the past.”253

It is important to underline that neither our own assertions nor those of Islamic thinkers are meant to generalize;thesubjectmatteristheWesternpoliticalstrategywhichisdominatedbythemajorpow-ers and is intended to be implanted. Similarly one must distinguish between Islam as being a religion which the Almighty designed to be mercy for whole existence and Muslims of our times who have been suffering the oppression, occupation, persecution and highhandedness, wherein it is possible that someone of them may happen to behave irresponsibly. In spite of all that, the alleged resentment of Muslims against the West is nothing but political; it is not ideological; there are no Muslims who hate the West just for being the West, whereas the hate of the Westerners is political and ideological. (It was more than 14 centuries ago) when Muslim were deeply saddened upon Romans (who repre-sented the West and Christianity) being defeated by idolaters, but then Allah revealed His glad tidings saying, “A. L. M. The Roman Empire has been defeated - In a land close by; but they, (even) after (this) defeat of theirs, will soon be victorious - Within a few years. With God is the Decision, in the

253 Fahmi Huwaidi – Ash-Sharq Newspaper, Qatar – ZulHijjah 25, 1410 Hijra / July 17, 1990

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past and in the Future: on that Day shall the Believers rejoice - With the help of God. He helps whom He will, and He is exalted in might, most merciful.”(Al-Qurān,30:1-5).

The discourse andmethodology of reformist Islamists, like JamāluddinAl-Afghāni,Muhammad’Abduh,RashīdRida, scholarsofmoderateapproachandcontemporary temperate Islamicpartiesdo not manifest any enmity or hatred towards the West for its being the West. They, rather, call to benefitingandadvantagingfromthescienceswhichhavepropelledtheWesttoprogress,theycalltorespect of human rights, civil and economic liberties and mechanisms of democracy and other virtues that do not contradict with the glorious Shariah, and they call to dialogue and peaceful coexistence. Certainly, all of them are against oppression, occupation, unjust political positions and double stan-dards in dealings.

IftherearesomepeopleorgroupsorstatesthatattacktheWest,theyhavetheirownspecificcir-cumstancesthatmustnotbesweptingeneralizationoverIslamitselforoverallMuslims.Accordingto Fahmi Huwaidi, “Islamic revolution in Iran, through its discourse and stances continues to be model of anti-Western Islamic position. To be accurate, this description applies especially to the first republic that was led by Ayatullah Khomeini; (in other words) currently it is now the second republic, which is subject to revision of what we wrote last week.”

“Even if the Iranian position continues to remain as it was, it will be of arbitrariness and coarsening to generalize it over all Muslims or world or over Islam itself; it will be appropriate to understand such a position within the frame of Iranian experience, which suffered the worst of the subjugation by the West and of the tyranny of the Shah’s regime supported and sustained by the West.”

“Perhaps the problem and the complex of the West’s contemporary enmity of Islam are that it does not want to turn away its eyes from Iran nor from the extremist groups in the Arab world, which (the latter) rejects all – Islamist as well as non-Islamist – and consequently antagonizes the West. How-ever, if the Islamic sphere is seen from a wider angle and scope of the view is broadened to cover its vast expanse, what will be revealed will be quite contrary to the general impression. What will be uncovered shall be transcending above the overt and unjustified enmity. This will clear the vision towards a totally different topography for relation varying between curves of acceptance and tension, which in all circumstances remain relative and justifiable.”254

6.2.g Dilemma of the Western LeadersThe dilemma of most of the Western leaders lies in the triad which dominates their train of thought, which is:1. Necessity of existence of an enemy in front of them or to create one to justify all that they seek,

as is the case of the USA – which through its declaration of war on Islamic terror, occupied, directly or indirectly, most parts of the Muslim World.

2. Passivity to the religious policies of the international Zionism and of far-right Christian Zion-ism.

3. Imposition of the Western values and the Western model – including all that is good and bad, right andwrong, virtuous and bizarrely perverted - on theworld.Thiswas proclaimed, asmentioned hereinabove, in July 1990 by the then head of the NATO for setting up the post Soviet Western strategy. This has also been corroborated by theorists like Samuel Huntington, Fukuyama, Bernard Lewis etc. and substantiated by RAND Corporation’s report, as mentioned

254 Fahmi Huwaidi – Ash-Sharq Newspaper, Qatar – ZulHijjah 25, 1410 Hijra / July 17, 1990

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earlier. All of them are unanimous about the threat to the world if the Western model is not ap-plied.

ThisiswhattheHolyQurānhadexpressedabout,“Nor will they cease fighting you until they turn you back from your faith if they can.”(Al-Qurān,2:217).

TheWestdoesnotrejectIslamonlyasreligionandfaithbutsnubsthecivilizationalprojectofIslamas well; it not only fails to acknowledge the cultural independence of Muslims but disregards overall independence of Muslim states to have their own political and economic resolve.

The political West does not also want to implement even Western democracy in a free and fair man-ner,becauseitfearsthatitwillbenefitthosewhodonotfollowtheircourse,likeIslamistandother.RAND Corporation’s report also suggests that the West ought not to support the Secularists too (like traditionalist Muslims) unconditionally because some of them too hate the West or have their own agendas.255 This is why the major Western powers have been supporting any regime or system – how-soever dictatorial, military or monarchist that might be – under one precondition of protecting their interests. Certainly in most cases, if not all, the record of these imperialistic countries with Muslim peoples is not based on principles or morality.

In a nutshell and to make a long story short, most of the Western political leaders (especially Ameri-can, British, French and Italian) want just one thing from the Muslim countries, and that is nothing but completecompliancetotheirdictation.ThisiswhattheHolyQurānhasunambiguouslyelucidated:“NeverwilltheJewsortheChristiansbesatisfiedwiththeeunlessthoufollowtheirformofreligion.”(Al-Qurān,2:120).Theworldusedinthisverseis‘millat’which(althoughtranslatedbyAbdullahYusuf ’Ali as religion) means religion, values and socio-cultural model.

Hence the ball is in the West’s court; they are the ones who foment clashes. The day these policies and attitudes change and the strategy regarding Muslims turns to be fair, the world shall be merry in peace. Without such paradigm shift, the whirligig of the reactions and clashes shall continue to whirl. ItistruethatsomeoftheWesterncountriesbenefitfromtheseclashes,butinthelongruntheyshallhave to bear the consequences of their wrong doings. It is but natural that the corollaries shall bring about the curse and end to their power. This has been the law of the Almighty for nations, empires and civilizations.Allahsays,“Suchdays(ofvaryingfortunes)Wegivetomenandmenbyturns:thatGodmay know those that believe, and that He may take to Himself from your ranks Martyr-witnesses (to Truth).AndGodlovethnotthosethatdowrong.”(Al-Qurān,3:140).

6.2.h Major threats to the Muslim-European relationsThere is a fear being instigated by the West towards Muslims in general and towards Arabs in par-ticular.Thisfearhastwomanifestations.Thefirstmanifestationisdisposedintheperceptionofthreatfrom extremist and fundamentalist Islamic movements – as they express – and from the Islamic ter-rorism. They justify this fear because the responsibility for the episodes of September 11 was ascribed tothesemovementsortoAl-Qāida,aswastheresponsibilityofotherblastsandexplosionsinEuropeand other places attributed to them, especially Madrid Train Bombing, blasting of American embassy in Kenya besides other destructions and devastations in USA and Europe which took thousands of European and American lives.

255 RAND Report, as referred to earlier hereinabove

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Secondly, they do not hide the fear from the radicals who live in the West itself based on political asylumorthroughnaturalizationinWesterncountries.Theyareafraidoftheirissuanceofradicalfatwas(religiousedicts)permittingthepossessionsofthoseinfidelsandlegitimizingtheirwomen.

However, the real manifestation of threat of the Europeans and Americans is about Islam itself. They fearthatIslamisspreadingamongstthemandmovingtowardsbecomingthefirstreligionaftertherole of other religions had ended and people had been suffering from spiritual vacuity and emptiness, whichcanbefilledonlybyabalancedreligionthatmaintainsequilibriumbetweentheneedsofbody,soul, mind and intellect at the same time. This can be achieved through Islam alone. Experiments cor-roborate that whosoever comes to know the reality of Islam fails to resist embracing it, when Allah wills. They are also afraid of the real threat of the monster’s awakening – as they name it – from the deep slumber, uniting its forces and setting up a single state or federation or union consisting of more than a billion and four hundred million Muslims and then dominate over the geographical area that is supposed to be most strategic and dangerous from all aspects. The geographical region is located at the heart of the North, South, East and West and most of the shipping ways and straits, and highways and communication lines between ends of the globe pass through it. Needless to mention that Allah has bestowed the Muslim World with major deposits of important raw materials, like oil, gas and iron etc, on which the whole global economy depends on and is tantamount to being the spinal cord of the modernwesterncivilization.

A nation with such a huge population and with all those capabilities, if it unites, the West would imag-ine that it will target all its strength against them. They would be disregarding that Muslims are the nation of mercy for the whole of existence and that they are the bearers of the message of humanity, beneficence,virtueanddignityforallhumanbeings.

The West is scared of the Islamic unity and potency. They are scared that the oil supplies may be dis-ruptedagainasithappenedin1973duringthewaron10thofRamadhān.TheWestignoresthatthisright was exercised to support the genuine Arab-Palestinian right in the land of Palestine.

The West is nervous about Islam for being a comprehensive and all-encompassing message for hu-mankind without discrimination, covering all components of the human personality including soul, body, intelligence, emotions and intellect. They are nervous that Islam is capable of challenging the Westernphilosophyandideologies.Islamisfearedforitspowerfulmessage,foritsinfluenceonitsbelievers, for its potential to bring bliss and contentment through its guidance and direction. Muslims are feared that if they abide by Islam, the West’s power will shake, its interests will be enfeebled, its domination over the Muslim world will wane, it will be deprived of the bounties from the Muslim worldandfinallyitsexploitationandimperialisticsupremacyofmorethantwocenturieswillend.

The West is made to believe that its interests lie in weakness, disintegration and laceration of Muslims (divide and rule). Had the West been just and fair, it would have known that whatsoever long be the tenure of tyranny, it has to confront the downfall; howsoever dark black the night may be, it has to give way to the dawn.

The West is scared of Muslims because it wronged them over centuries; it wronged them by occu-pation,byexploitation,bysuckingtheirbloodandbybuildingitscivilizationwiththeirrichesandtoil. It is scared of them for having transplanted the state of Israel in the heart of their land and then supported it with all given means. It is scared of them because it wronged them by snatching their freedom, by collaborating with and supporting the despotic, tyrant and oppressive rulers as long as they remained accomplishing the interest and advantages of the West.

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The West is scared because it has had many experiences with earnest and devoted Muslim resisting fighters(mujāhidēn)anditiswellawarethatthroughoutthehistory,especiallythemodernhistory,theoccupiersofMuslimlandsweredrivenoutbynoneotherthanthoseself-sacrificingmen.

The West is scared of the Muslim world, because when it vacated it after occupation, it left behind innumerable and countless problems – problems of poverty and backwardness, problems related to neglecting the infrastructure, problems of border disputes with neighboring states, problems of dis-crepancies in geographical maps of every state and problems out of inciting the national and sectarian strife.

This is what the Western politics has done against Muslims throughout the recent centuries. How couldthenMuslimslettheimperialisticWestcontinueabusingtheMuslimlandsthroughcoloniza-tionandoccupation?

This is the question that calls for answer.

6.3 Islamic Position Regarding Clash of CivilizationsWhatweunderstandfromtheQurānictextsandfromthelifeoftheMessengerofAllah(pbuh),isthatIslamcallstodialogueinsteadofclashandtocoexistenceinsteadofconfrontation.TheHolyQurān,from cover to cover, represents a message of dialogue and call to reciprocating with that which is better; war is only the last resort to effectuate justice after all the means of understanding would have been thwarted and all windows of dialogue would have been shut.

This is what was done by the Messenger of Allah himself (pbuh) when he was delegated with the divinemessage.Hestartedwithdialogueanddebateandcontestedwiththefinestargument.Allahrevealed to him, “Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious.”(Al-Qurān,16:125).

The Messenger of Allah (pbuh) and his noble companions (mAbpwt) observed patience upon being severely persecuted by the pagans with their material and abstract means. A number of them were killed through inhuman treatment and torture, yet the faithful responded to the tyrants with what the Almighty commanded them: “To you be your Way, and to me mine.”(Al-Qurān,109:6).WhentheMessengerofAllah(pbuh)wasassaultedandinjuredinTāif,theangelin-chargeofmountainsof-feredtodestroythepeopleofTāifbyobliteration,heturneddownthesuggestion.Bukhāri,Muslimandothershavenarratedthrough’ĀishathatsheaskedtheMessengerofAllah(pbuh),“Did you wit-ness a day worse than the day of Uhud? He replied, ‘of all that I experienced from your people, the experience of the day of ’Aqabah (at Tāif) was the hardest. That day I introduced myself to Ibn ’Abd Yālail bin ’Abd Kilāl, he did not consent to what I wanted. Thereupon I left with a troubled face. I recuperated only at (the place named) Qarn Ath-Thaālib; when I raised my head, I saw a cloud was shading me and when I looked into it, I saw Gabriel. He called out to me saying, ‘Allah the Almighty heard the talk of your nation to you and what they replied to you; Allah has sent the angel of moun-tains to you to order him whatsoever you wished about them.’ He said, ‘The angel of mountains called out to me, greeted me and then said, ‘O Muhammad, Allah has heard the talk of your nation to you; I am the angel of mountains and your Lord had sent me to you to order me whatsoever you wish; if you wish, I would place the two nearby mountains over them.’ The messenger of Allah replied to him saying, ‘But I pray to Allah to bring out from their loins who would worship Allah alone and ascribe

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not anything as partner to Him’.”256 This authentic Hadeeth clearly establishes that the Messenger ofAllah(pbuh)neverwisheddestructiontotheinfidels,eventothosewhoharmedhim;hewishedguidance to them because his message is the message of guidance. Allah says, “A.L.M. This is the Book; in it is guidance sure, without doubt, to those who fear God.”(Al-Qurān,2:2)And,“We sent thee not, but as a Mercy for all creatures.”(Al-Qurān,21:7).

Some young men argued with me saying did Noah (pbuh) not pray for destruction of his people as theHolyQurānnarrates, “And Noah, said: ‘O my Lord! Leave not of the Unbelievers, a single one on earth! For, if Thou dost leave (any of) them, they will but mislead Thy devotees, and they will breed none but wicked ungrateful ones’.”(Al-Qurān,71:26-27)?

I replied to them saying, “Firstly, Noah (pbuh) did not pray thus but after having lived with them for ninehundredandfiftyyearscallingthemtotherightpath;hekeptcallingthemwithallgivenovertandcovertmeansandbyconvincingandbywarningthem,asAllahsays,“Hesaid:“OmyLord!IhavecalledtomyPeoplenightandday:‘Butmycallonlyincreases(their)flight(fromtheRight).And every time I have called to them, that Thou mightest forgive them, they have (only) thrust their fingersintotheirears,coveredthemselvesupwiththeirgarments,grownobstinate,andgiventhem-selves up to arrogance. So I have called to them aloud; Further I have spoken to them in public and secretly in private, Saying, “Ask forgiveness from your Lord; for He is Oft-Forgiving; He will send rain to you in abundance; Give you increase in wealth and sons; and bestow on you gardens and bestow on you rivers (of flowing water). What is the matter with you, that ye place not your hope for kindness and long-suffering in God.”(Al-Qurān,71:5-13).

Secondly, Noah (pbuh) did not pray thus but only after having been told by Allah the Almighty, “None of thy people will believe except those who have believed already! So grieve no longer over their (evil) deeds.”(Al-Qurān,11:36).Ithentoldthoseyoungmen,“Have we first done what Noah (pbuh) did? Has any revelation come to us that none of the addressees of our call will believe any-more?”

Thirdly, the approach of the Final Messenger of Allah, Muhammad (pbuh) varies from the approach of Noah and Moses (pbut) who invoked against Pharaoh and his people that they do not believe until they see the painful doom. His approach coincided with that of Abraham (pbuh), who was his model in line with the divine guidance. This is apparent from his preference to the opinion of Abu-Bakr (mAbpwh) and those who were in favor of being kind to the prisoners of the battle of Badr. He preferredtheiropiniontothatofOmarIbnAl-Khattāb(mAbpwh)whohadsuggestedexecutingtheprisoners. On that occasion he had likened his stance of kindness to that of Abraham (pbuh).257

In light of this, we can assert, “The general basis and principle in Islam is to reciprocate with what is better instead of clash and conflict unless called for by the dire exigency”.

According to Islam, competing leads to mutual benefit and civilized interaction, not to clash of civilizations:ThephilosophyofIslamaboutcivilizationsisbasedonshovingtowardsbetter,thisleadstothepro-cessofsuccessionandcivilizedinteraction,nottoclashbetweencivilizations.

IfwelookatthesourcetextsofIslam,wefindthemunmistakablyindicativeoftheneedtoseizetheopportunityforeverythingthatisbeneficialandvirtuous;wehavebeencommandedtoseekknowl-

256AuthenticHadeeth,narratedbyBukhāri(FathulBāri):(6/312);Muslim:(3/1420)257Forthisstory,pleaserefertoSharhuAn-NuwawiAlāMuslim(12/86-87);Dr.KaramAl-Omari–As-SeerahAn-NabawiyahAs-Saheehah–Qatar

University – P:368

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edge with all its useful types and disciplines and to read and study texts and ponder over the universe and its phenomenon. There are numerous insistent texts in this regard.258 ThisiswhyIslamemphasizesupontheneedforinteractionofcivilizationsthroughknowledge,read-ing, traveling through the earth and pondering over it, its peoples and the nations living on it in order tograspthedivinelawsthatgoverntheuniverseandtheexistenceofnationsandcivilizations–howthey advance, triumph, consolidate, get defeated and fall into backwardness. Allah says, “Many were the Ways of Life that have passed away before you: travel through the earth, and see what was the end of those who rejected Truth.”(Al-Qurān,3:137).TheMessengerofAllah(pbuh)tooemphasizeduponitinhisowneloquentway,“Wisdomisthestraycamelofafaithful;whereverhefindsit,hedeserves it most”.259

Throughknowledge, readinganddeliberatingoverhistory interactionbetweencivilizations takesplacewherebysucceedingcivilizationsbenefitfromprecedingcivilizationsandbuildonthem.ThisiswhatMuslimsdidbydrawinguponallpreviouscivilizationswithoutanysensitivityorembarrass-ment as long as there was virtue, knowledge or wisdom. We even learn from the history astonishing episodes of honoring knowledge and men of knowledge by Muslim Abbasid caliphs. That was the reality; precious gifts, awards and valued remuneration were bestowed for works of translation and science whatsoever the sources were.

This interaction can take place through an attitude of moderation between isolation and reticence and betweenblindapinganddocility,whereinIslamiccivilizationdrawsuponthatisadvantageouswithothercivilizationswhilepreservingitsidentityandcivilizationaluniqueness.260

AllahtheExaltedhaselucidatedthewisdombehindthedifferencesanddiversityofcivilizationsasbeing:

Firstly, “To each among you have we prescribed a law and an open way. If Allah had so willed, He would have made you a single people, but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is to Allah. It is He that will show you the truth of the mattersinwhichyedispute”(Al-Qurān,5:48).Allahhasthusillustratedthatvictoriousarethepeoplewho compete in all virtues, worldly as well as otherworldly.

Secondly, competition and movement towards the better, or in other words, the law of shove between peoples brings out the best and the most virtuous. The earth being the sphere of human activity, em-powering thereon takes place through this law of shove.

6.3.a Existence of Clash – is it a Myth?To answer this question to is a plain NO. The clash is a reality and it certainly does exist. Similarly difference is a reality and a fact. However, Islam demands unity instead of discord; it calls for coex-istence instead of confrontation and to dialogue instead of strife, although clash continues to remain a divinelawforlife.Thisishowwecanharmonizetheunderstandingofthoseversesthatspeakabout

258Fordetailsof’Ilm(knowledge)andQirā’ah(reading)andtheirderivations,pleaserefertoAl-Mu’jamAl-MufahrasliAlfāzAl-QurānAl-KareemWa-As-SunnahAn-Nabawiyah;Wa-As-SunnahAn-Nabawiyah;YusufAl-Qaradāwi–Ar-RasoolWa-Al-’Ilm–P:3(HumankindhasnotknownanyreligionlikethatofIslamcaringsomuchaboutseekingknowledge);Abdul’AzizAt-Tuwaijari–Al-HiwārMinAjlAt-Ta’ayush–P:23

259NarratedbyTirmidhiandIbnMājah–SunanIbnMājah,KitābAz-Zuhd–BābAl-Hikmah(4/1395)

260Dr.Muhammad’Amārah–Al-’Atā’Al-Hadhāri–Doha,P:105

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clash and shove towards better and best.

InlightoftheHolyQurānandthesayingsoftheFinalMessengerofAllah(pbuh)Muslimsarenotsupposed to foment clash or be pleased with clashes. Muslims are there to disseminate guidance, to portray divine mercy for whole of mankind and creatures and to rescue the wondering and wander-ingtothestraightpath.ThisexactlywastheunderstandingofthefirstgenerationofMuslims.WhenRib’eiBin’ĀmirwassentasanenvoyoftheMuslimarmytoRustum,thecommanderinchiefofthePersianSassanidemilitary,thelatteraskedhimofhispurpose,whetheritwaswealthorposition?Rib’ei replied saying, “Allah has sent us to liberate the people from worship of the slaves (of Allah) to the worship of Allah alone, from melancholy of the worldly life to the abundance of the world and of the hereafter, and from tyranny of the religions to the justice of Islam”.

So the phenomena of clash is existent. It is rather one of the social laws at the level of religions, na-tions, groups and even at the level of individuals, but Islam seeks to force it out as far as possible, to decelerate its intensity and impact and to turn it into impetus for reciprocation with better in order to reach to the better results in both the cases, i.e. in case clash takes place in reality on the ground, or in case it does not take place. It turns the phenomena of clash to be a vehicle of positive movement, vigor, growth, augmentation and to be a sign of life and its continuity.

In other words, Islam aims at shoving Muslims to turn the phenomena of clash, if and when it takes place, in spite being undesirable, to an engine of life and to a persistent movement of acceleration towards readiness for dialogue, debate, argument and preparedness for combat and to prevail, so that the Nation does not fall in the state of languor and self-indulgence leading to departure of grace and obstruction of progress.261

SoIslamhasillustratedtoitsNationthatworld’smaterial,intellectual,socialandeconomicfieldsarethefieldsofcontrastrealitiesofcompetitionandemulation,ofprogressandretardation;thesearebattlefieldsoftriumphanddefeat;thesearespheresofcollisionbetweenvirtueandvice,justiceandinjustice, truth and untruth, love and hatred, purity and vengeance, and right and wrong. This rubric shall not cease except if life itself ceases to be, as it is one of the secrets among many secrets of the existence,survival,continuity,progress,civilizationandbuilding.

Insubstantiationoftheabove,therearemanyversesoftheHolyQurān:

Firstly,regardingthephenomenonofclash,Allahtellsthefaithful,“Norwilltheyceasefightingyouuntiltheyturnyoubackfromyourfaithiftheycan.”(Al-Qurān,2:217).ThisverseisexplicitthattheenemiesofIslamandMuslimswillcontinue,withallcapabilitiesofcombatattheirdisposal,tofightagainst them until they turn them back from their religion (Islam) to any other religion and expel them from their creed to any other creed, if they could. What is important with them is to banish Muslims from Islam. This being their goal, it won’t be viable to please them except by following their creed. Allahsays,“NeverwilltheJewsortheChristiansbesatisfiedwiththeeunlessthoufollowtheirformofreligion.”(Al-Qurān,2:120).And,“ThushaveWemadeforeveryprophetanenemyamongthesinners:butenoughisthyLordtoguideandtohelp.”(Al-Qurān,25:31).And,“Wehavemadesomeofyouasatrialforothers:willyehavepatience?”(Al-Qurān,25:20).AndtheQurānnarratesIblīs(the Satan) telling Allah, “Then, by Thy power, I will put them all in the wrong, Except Thy Servants amongst them, sincere and purified (by Thy Grace).”(Al-Qurān,38:82-83).

261 Omar’Obaid Hasanah – Foreword of the book of Dr. Ahmad Al-Qadidi referred to earlier – P: 10-11

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Secondly, Being a reality of life, the phenomenon of clash cannot be dismissed as being non-existent, Islam aim at handling it through the following steps:1. Looking for common attributes between Muslims and others so that they accept each other in

principle; stepping on that commonalty, they can agree to have a dialogue. These common at-tributes are:

a. People of the Book (Jews and Christians) share with Muslims the source of religion, Allah the Almighty. As there are common issues, there comes the need to call them to the common grounds between us and them. Allah says, “O People of the Book! come to common terms as between us and you: That we worship none but God; that we associate no partners with him; that we erect not, from among ourselves, Lords and patrons other than God. If then they turn back, say ye: Bear witness that we (at least) are Muslims (bowing to God’s Will).” (Al-Qurān,2:136).

Based on this principle, Muslim men have been allowed to marry women of from amongst the People of the Book. Thereby a Jewish or a Christian woman becomes wife of a Muslim and her brothers become uncles of his children and her father and other become his kith and kin. This is in addition to common human grounds and the honor granted to human being as children of Adam and Eve. Allah says, “We have honoured the sons of Adam”(Al-Qurān,17:70).

b. People other than the People of the Book share with Muslims humanity and the instinct of search for truth. Allah says, “Say: ‘Who gives you sustenance, from the heavens and the earth?’ Say: ‘It is God; and certain it is that either we or ye are on right guidance or in manifest error!’ Say: ‘Ye shall not be questioned as to our sins, nor shall we be questioned as to what ye do’.” (Al-Qurān,34:24-25).

c. Permission to non-Muslims to reside in the land of Islam and Muslims upon their acknowledg-ing the political authority of the state. Thereupon only the capable pay a reasonable amount of dues–knownasjizyah-againsttheguaranteeofpeaceandsecurity.Jizyah(capitation)islikewhat in today’s terminology is called tax.

2. Taking off from this position about common attributes with others we move to dialogue and un-derstanding towards coexistence. This is what is known as “Zimmah” (protection under Islamic rule). Zimmah implies that non-Muslims living under the protection of Islamic state enjoy full rights. They are allowed to perform their religious rituals, breed their pigs and brew their li-quor (although, in Islam, both are considered mother of all impurities and abominations). It is prohibitedtocommitaggressionagainsttheirliquorsandpigs.ScholarsoftheHanafiSchoolof jurisprudence hold the view that if anyone destroys something of these two, he must be held responsible to pay the damages besides bearing reprimand.262

3. If inspiteofallendeavorspeacefulco-existence isnotpossible, thenJihād inIslamhas itsrules, regulations, etiquettes and sublime ethics, which no people other than Muslims, espe-ciallytheirfirstgeneration,wereabletoimplement.

4. Substantiation of the law of shove: This natural law means that clash does take place between virtue and vice, truth and untruth, and congenial and abominable, just as it takes place between oppressors and oppressed, between a tyrant and another tyrant, between despotic and subju-

262BadāiuAs-Sanāye’–MuassasatuAt-TārīkhAl-’Arabi,Beirut(6/169)

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gated, among the imperious elements themselves, and in-between those who posses clout, au-thority and power.

So clash, from the Islamic perspective, does not exist except between truth and untruth or among the commune of vice themselves; the phenomenon of clash is to continue as long as untruth continues to hit at the truth.

So far as the law of shove is concerned, it means that “it is usual for the divine laws of Allah the Almighty to terminate the untrue at the hands of the true or at the hands of their likes or (at times) by espousing truth through a person of lewdness.263 This is why some scholars believe that among the divine laws is that Allah does not leave the world at the mercy of a single tyrant (i.e. a dictator or a state) to rule for a long time. Allah either drives him away through another despot or at the hands of the people of truth and justice.

Hence the law of shove is nothing but a manifestation of the mercy of Allah the Almighty and oneoftheequationsthroughwhichdivinejusticeisactualized, truthbecomesunmistakableand depravity and untruth are shoved. Allah says, “By God’s will they routed them; and David slew Goliath; and God gave him power and wisdom and taught him whatever (else) He willed. And did not God check one set of people by means of another, the earth would indeed be full of mischief: But God is full of bounty to all the worlds.” (Al-Qurān,2:251).

This verse bespeaks about the exalted divine wisdom in tussle of forces and competing of powers, which is to safeguard the aptness of the earth, prevent its decay, stagnation and being ruined. This is how the secret unfolds to the humans about the vast expansive realms of this world swelling with people who are in constant strife, competition and extreme multiplicity of objectives. “The secret is that behind all the happenings there is that wise designing hand that holds all the strings to ultimately lead this fiercely competing and emulous pageant towards virtue, viability and growth.”264

Hence the life without shove stagnates and rotes; without competition, struggle, friction and diverse movements, energies are obstructed and not released. In nonexistence of this natural law, life would be stricken by lassitude and sluggishness, and its abundant hidden assets would notbemobilizednorwoulditadvanceandprogress.

According to ImāmAr-Rāzi,“Interest of an individual does not materialize except when a community is formed. That is why it is said that the human being is social by nature. However congregation leads to contention, which that pilots to rivalry first and then to fighting. Hence it is imperative for the divine wisdom to have devised the divine law to be implemented between the created…” He then goes on to say that those who are shoved away by the despotic and the

263Both,BukhāriandMuslimhavenarratedthroughAbuHurairah:“Wewitnessed(abattle)alongwiththeMessengerofAllah(pbuh)whereinhementionedaboutamanwhoclaimedtobeaMuslimthathewasfromamongstthepeopleofhellfire.Duringthefightthemanfoughtfiercelyandwasinjured.WhentheMessengerofAllah(pbuh)wastoldaboutthefightthemanputupandthathehaddied,theMessengerofAllah(pbuh)said:tohellfire.Thereuponsomepeoplesuspected;meanwhileitwasreportedthatthepersonhadnotdied,butwashasbeenbadlywounded.When at night, the person could not endure his wounds and killed himself. When this was mentioned to the Messenger of Allah (pbuh), he exclaimed: Allah is the Greatest; I bear witness that I am the servant of Allah and His Messenger. He then ordered Bilal to call out to the people: noneshallentertheparadiseexceptwhenfaithful;Allah(attimes)supportsthisreligionthroughalewdman.”See:Al-Bukhāri(FathulBāri)–KitābAl-Jihad–Chapter:AllahSupportstheReligionThroughaLewdMan–(6/179),HadithNo:3062;Muslim–KitābAl-Eimān(1/105);Ahmad – (2/309), 5/45).

264SayyidQutb-FeeZilālAl-Qurān–(1/270)

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tyrantsareeithertheingenuousorotherwise…shove,inthissense,doesnottakeplacebe-tween the truthful.265

Allah the Almighty has elucidated other aspects of wisdom in the shove, for example: “Did not God check one set of people by means of another, there would surely have been pulled down monasteries, churches, synagogues, and mosques, in which the name of God is commemorated in abundant measure.” (Al-Qurān,22:40).Inotherwords, thischeckingwasmeanttosafe-guards the divine laws, people of virtue and places of worship.

ThroughtheaforementionedtwoversesoftheHolyQurān(2:251and22:40)itbecomesevi-dent that the law of shove has great advantages and abundant wisdom behind it, for example:

Firstly: repelling corruption from the earth, maintaining it viable and revamping it.

Secondly:Emphasizeuponfreedomofbeliefandworshipalongwithfreedomofintellectualchoice.Theabovementionedlastverse(Al-Qurān,22:40)explicatesthattheshoveistosafe-guardtheplacesofworshipandthatAllahhaspermittedJihādtoMuslimsinordertoprotectfreedom of belief and religion through securing the places of worship. In this lies a clear de-notation that the religion of Islam genuinely protects freedom of religion and safeguards the places of worship.

Thirdly: Urging upon the faithful to continue with constant movement, maintain unwavering vigilance, steer the movement of life towards awakening, advancement and progress with jus-ticeandequityinordertoaccomplishflourishingofthecivilizationintheshadeoffaith,knowl-edge and virtue. This is because forces of falsehood are ever ready and prepared to overtake anddominatewheneverachanceisgiven;theyarecapableofcomingupwithjustificationsandchargingthevirtuousandthejustwithcorruptionandaberrance,justastheinfluentialamongthe people of Pharaoh said to him, “Wilt thou leave Moses and his people, to spread mischief in the land, and to abandon thee and thy gods? He said: ‘Their male children will we slay; (only) their females will we save alive; and we have over them (power) irresistible’.” (Al-Qurān,7:127)

Fourthly: The shove does not necessarily go in favor of Muslims unless they leave no stone unturned to achieve triumph by equipping themselves with necessary means of triumph. To elaboratethispoint,letuslookatthenarrativeaboutTalutandGoliathintheHolyQurān.Itstarts with the verse 2:243 “Didst thou not Turn by vision to those who abandoned their homes, though they were thousands (In number), for fear of death? God said to them: ‘Die’: Then He restored them to life. For God is full of bounty to mankind, but Most of them are ungrateful.” And concludes with verse 2:251 “By God’s will they routed them; and David slew Goliath; and God gave him power and wisdom and taught him whatever (else) He willed. And did not God check one set of people by means of another, the earth would indeed be full of mischief: But God is full of bounty to all the worlds.”

The story contains the keys of the triumph of a small force over a big force, which are:1. True and effective faith which keeps the ‘human being the slave’ anchored with his Master Al-

lah the Almighty in all circumstances.

265At-TafsīrAl-Kabīr–DārIhyāiAt-TurāthAl-Arabi,(6/190-191)

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2. Jihād(strivingandstruggling)inthepathofAllahtoactualizetruthandjusticeandavertop-pression.

3. Full and complete preparation to the maximum extent possible with the given means and capa-bilities.

4. Selectingwiseleadershipcharacterizedwithmaterial,physicalandintellectualstrength.5. Obedienceandcompliancewithpatienceagainstcravingsanduponafflictionandcalamities.6. Initially people are found to be enthusiastic but only the well nurtured and patient can be trusted.

In this case, at the outset, all showed enthusiasm for combat “they said to a prophet (That was) among them: ‘Appoint for us a king, that we May fight in the cause of God.”(Al-Qurān,2:246).Theyevenjustifiedtheirenthusiasmthus:“Hesaid:‘Isitnotpossible,ifyewerecommandedtofight,thatthatyewillnotfight?”Theysaid:“How could we refuse to fight in the cause of God, seeing that we were turned out of our homes and our families?”(Al-Qurān,2:246).

7. ButwhenAllahcommandedthemtofightandthematterbecameserious,theybacktracked“butwhentheywerecommandedtofight,theyturnedback,exceptasmallbandamongthem.”(Al-Qurān,2:246).ThereafterTaluttestedthatsmallgrouptoobyaskingthemtoavoiddrinkingwater from the stream and yet a number of them failed the test: “but they all drank of it, except afew.”(Al-Qurān,2:249).

8. What is important is to keep rearing and nurturing the men.9. SacrificingpossessionsandlifeinthepathofAllahandtrustinAllahtheAlmightyforgrant-

ing success and triumph. “but those who were convinced that they must meet God, said: ‘How oft, by God’s will, Hath a small force vanquished a big one? God is with those who steadfastly persevere’.” (Al-Qurān,2:249).

Another Quranic verse (22:40) to which we referred above, came in sequence after mentioning whatwasinflictedontheMessengerofAllah(pbuh)andhisnoblecompanionsintheformofharassmentandyethowcomprehensively-materiallyandotherwise-theypreparedforJihādinthepathofAllahandofferedgreatsacrificesintheformofpossessionsandself.Theyweredriven out of their native place but remained patient on what all they suffered in the cause of monotheism and establishing Islam.

Fifthly: What is required from Muslims in context of the law of shove is to keep striving to-wardsthebestandacceleratingtowardsexcellenceineverything.ThisiswhattheHolyQurāncommands them. Many verses seek to compete and accelerate towards the better, worthier and more virtuous. Allah says, “Be ye foremost (in seeking) Forgiveness from your Lord.” (Al-Qurān,2:57)and“And those Foremost (in Faith) will be Foremost (in the Hereafter).” (Al-Qurān,2:56).

By‘foremost’theHolyQurānmeanstheforemostineveryrighteousandadvantageousdeed,towards every better and more virtuous endeavor for the worldly life and the otherworldly life. Allah describes those who are admitted to paradise: “It is these who hasten in every good work, and these who are foremost in them.”(Al-Qurān,23:61).

When we deliberate over the expression ‘hastening’ in this verse and then over the description of the faithful that they stay ahead of good deeds (although translated by Abdullah Yusuf ’Ali as “who are foremost in them”), the eloquent Quranic expression connotes to the intensity of se-

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riousness to keep striving in a better and more virtuous manner, as if they always stayed ahead ofthegooddeedsandasifvirtueitselffollowedthem!

6.3.b Reciprocating with what is the bestReciprocating with what could be the best possible is yet another rubric of the divine course to achieve progress and to safeguard the most virtuous and most pious. This is to accomplish higher degree of welfare for the land, society and the people. This has been commanded by Allah the Al-mightyintwoverses,thefirstbeing: “Repel evil with that which is best: We are well acquainted with the things they say.”(Al-Qurān,23:96)HerethecontextisthatofaddresstotheMessengerofAllah(pbuh): “Say: ‘O my Lord! if Thou wilt show me (in my lifetime) that which they are warned against,- Then, O my Lord! put me not amongst the people who do wrong!’ And We are certainly able to show thee (in fulfillment) that against which they are warned. Repel evil with that which is best: We are well acquainted with the things they say.”(Al-Qurān,23:96)

The second verse (41:34) complimented by the following verse (41:35), reads: “Nor can goodness and Evil be equal. Repel (Evil) with what is better: Then will he between whom and thee was hatred become as it were thy friend and intimate! And no one will be granted such goodness except those who exercise patience and self-restraint,- none but persons of the greatest good fortune.” (Al-Qurān,41:34-35)

Both these divine commandments are unambiguous to the effect that Allah the Almighty directed His Messenger (pbuh) to repel with what is better and not to return like for like. Unquestionably this address through him is meant for his Muslim Nation too and the following rules and wisdom can be derived from it:

1. Obligationofreciprocatingwiththatisbetter.Islambeingthereligionofmercy,beneficenceandexaltedmorality, itseekstoshunwaras longas it ispossible.Waris likecauterizationresorted to after all medication fails, as the Arabic adage goes “the final medicine is cauteriza-tion”. This is why Allah counts it as a great favor to the faithful that He prevented combat from them; He says, “And it is He Who has restrained their hands from you and your hands from them in the midst of Makka, after that He gave you the victory over them. And God sees well all that ye do.”(Al-Qurān,48:24).

Thisverse isexplicit in that theachievementof triumphandfulfillmentofpurposewithoutcombat are from amongst the greatest benefactions of Allah. In other words even avoidance of combat along with assurance of triumph is one of the great blessings of Allah, because Allah counted it as a favor from Him that after granting them the victory, He restrained the hands of thefaithfulfromtheinfidels.Theverseimpliesthatkillingofaninfideleveninwarisnotapur-pose in itself and hence a Muslim should not be desirous of killing even an enemy combatant; a Muslim should, instead, be concerned about achieving the desired goal. Guarantee of triumph without combat as being one of the greatest blessing of Allah has been substantiated through thefollowingverseoftheHolyQurān:“O ye who believe! Call in remembrance the favour of Allah unto you when certain men formed the design to stretch out their hands against you, but ((Allah)) held back their hands from you: so fear Allah. And on Allah let believers put (all) their

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trust.”(Al-Qurān,5:11).

In this context (i.e. the context of reciprocating with that is better) the Treaty of Hudaibiyah is a signpost. The Messenger of Allah (pbuh) was keen on signing it even when Quraish set sup-pressive conditions against Muslims and were not ready to treat Muslims as a party of equal standing. The treaty was marred by the doggedness of the representative of Quraish (Suhial Bin ’Amr) not allowing the document be started with “In the Name of Allah, The Gracious, The Merciful” and to delete the title of “Messenger of Allah” - from doing of which Ali (mAb-pwh) excused himself. Upon that the Messenger of Allah (pbuh) himself held the document and crossed them out with his own noble hand. The most despotic clause for Muslims was that if a Muslim became a renegade, he would not be repatriated by Quraish to Muslims, but if a Quraishite embraced Islam and entered the State of Islam, he must be repatriated to Quraish. What added insult to injury was that during the process of preparing the treaty document Abu Jandal Bin Suhial Bin ’Amr (a Meccan Muslim) appeared overstrained tied in shackles. Having escaped from lower side of Mecca, he threw himself in the midst of Muslim. Suhail (who hap-pened to be his father) said, “O Muhammad he is the first one I want you to take action against and return him to me.” The Messenger of Allah (pbuh) replied, “We have not signed the treaty yet.” Suhail Said, “By God, if that is the case, then (imagine that) I never agreed with you on anything.” The Messenger of Allah (pbuh) said, “Leave him for me.” Suhail said, “I am not going to allow that to you…”. In short, he returned Abu Jandal to Mecca.266

Inspiteofallthat,thetreatywassigned.TheHolyQurāndubbeditas‘thevictory’asawholechapter named al-Fath (meaning the victory) was revealed while Muslims returned back to Medina. The chapter starts with the verse “Verily We have granted thee a manifest Victory”. Upon that the Messenger of Allah (pbuh) said, “Tonight a chapter (of the Holy Qurān) has been revealed to me and that is dearer to me than anything which has seen the sunlight.”267 He then recitedittothemat(aplacenamed)Kurā’ulGhameem.Uponthatamansaid,“OMessengerofAllah,isthat(really)avictory?”Hereplied,“Yes, By Allah in whose hands my soul lies, that is a victory.”268

HistoryandtherealityconfirmthattheTreatyofHudaibiyah,inspiteofitsevidentlysuppres-sive terms and bitterness of some of the prominent companions, was in real terms a manifest victory.EvenOmarIbnAl-Khattābhadexclaimed:whyshouldwebehumiliatedinourreli-gion. However it proved to be a great triumph and win for Muslims. It implied recognition of the Muslim entity by Quarish and opened doors for calling Arab tribes to Islam and for alliances with them. The Messenger of Allah (pbuh) had gone to Hudaibiyah in 6th year of Hijra with just fourteen hundred. Then just after two years when Mecca was conquered, he had with him astrongforceoftenthousand.DescribingtheTreatyofHudaibiyahImāmZuhriwrites,“The treaty of Hudaibiyah was a bigger victory than any other earlier victory in Islam. It used to be fighting wherever people met. When it was ceasefire and the war came to an end and people felt safe with each other, they met and negotiated about their issues and mutual disputes; any rea-sonable person who was told about Islam, embraced it. Just in those two years as many people entered into Islam as had entered throughout all previous years.”269 Commenting on this Ibn Hishāmwrites, “Evidence to Zuhri’s claim lies in fact that the Messenger of Allah (pbuh) had

266Fordetails,pleaserefertobooksonbiographyoftheMessenger(pbuh)andtoBukhāri(FathulBāri),HadeethNo:2731,2732,2698,2699;Musnad Ahmad (4/325); As-Seeratu An-Nabawiyah As-Saheehah by Akram Al-’Umari – P: 434-448.

267Bukhāri(FathulBāri),HadeethNo:4177268SunanAbuDawood–KitābAl-Jihād–HadeethNo:2736;MusnadImāmAhmad(3/420);Al-Mustadrak(2/456)269SeeratIbanHishām:(3:322);As-SeeratuAn-NabawiyahAs-Saheehah-AkramAl-’Umari–P:457

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left for Hudauibiyah with one thousand and four hundred, whereas at the time of conquering Mecca, just two years later, he left with ten thousand.”270

On the other hand, had combat and martyrdom been desired goals in themselves, the intran-sigence of Quraish with the Messenger of Allah (pbuh) and his noble companions - who hap-pened to be miserably oppressed, being prevented from pilgrimage to the House of Allah and being dictated suppressive conditions – provided the best opportunity for a martyrdom project so that whosoever laid down his life would be duly rewarded by Allah. But the Messenger of Allah (pbuh) wanted to achieve what Allah the almighty wanted from him and his companions, i.e.establishingIslamiclife,guidingpeople,developingtheearthandrealizingthegoalsofbe-ing Allah’s vicegerent on the earth; it was not death-craft for whatsoever noble reasons, as long asdeath-craftdidnothelprealizethedesiredgoalofspreadingtheCall,establishingIslam,developing the earth and attaining the position of being Allah’s vicegerent on the earth.

2. The obligation is to practice the best and strive towards the optimum in everything. In dialogue, it is imperative to communicate with superior approach; in dispute, it is essential to argue with better; in dealing with others it is desired to be superior; in building, construction, service to humankind and to the society, it is of the essence to be the best; in sciences and arts it is crucial toadheretothefinest.

[TheArabicequivalentfor‘better’(comparative)aswellas‘thebest’(superlative)is‘ahsan’.While dealing with others and reciprocating to them, a Muslim is supposed to deal with the best].Thebestheremeansthesuperlative,themostvirtuousandtheworthiest.Thatistheop-timumdesiredlevelinallwalksandfieldsoflifeuntilitisimpossibletogoanyfurther,beitintellect,visualization,performance,conductanddeedsrelatedtotheworldlylifeaswellastothe otherworldly life, not just one of them. Islam is the religion of well-being and bliss of both phases of the life.

On the other hand, if taken in the sense of comparative, it would mean reciprocation with better; it is fairer than fair, superior to pleasant, and worthier than worthy. In other words, it is rela-tive to another deed or attribute. Something considered better today may turn to be just good tomorrow or it may subside even to the level of being just acceptable or even inferior. Hence it is of importance to the Muslim Nation to consciously observe the degree of superiority from the perspective of both place and time, but the movement must be upwards only.

Atthepersonal,social,groupandnationallevels, theHolyQurānhasemphasizedupontheimportance of adhering to the best, the worthiest and the most robust (approach) with the objec-tive of defense, protection, progress, advancement and creativity. Allah says, “He Who created Death and Life, that He may try which of you is best in deed: and He is the Exalted in Might, Oft-Forgiving.”(Al-Qurān,67:2)and“That which is on earth we have made but as a glittering show for the earth, in order that We may test them - as to which of them are best in conduct.” (Al-Qurān,18:7).

270 Ibid.

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So the trials and test in this world are for ascending to better, not to mere good. In other words, forsupersedingandsurpassingbetweencivilizations,justdoinggooddoesnotsuffice,insteadone needs to do better than others. Allah describes his faithful and those who deserve glad tid-ingsofadvantageinthisworldandparadiseinthehereafterthattheyarethosewhoutilizetheirintellect upon hearing and do not follow anything but the best. Allah says, “Those who eschew Evil,- and fall not into its worship,- and turn to God (in repentance),- for them is Good News: so announce the Good News to My Servants, Those who listen to the Word, and follow the best (meaning) in it: those are the ones whom God has guided, and those are the ones endued with understanding.”(Al-Qurān,39:17-18).

In the same chapter, Allah commands of following the best: “And follow the best of (the cours-es) revealed to you from your Lord, before the Penalty comes on you - of a sudden while ye perceive not”(Al-Qurān,18:55).

Allah orders Muslims to adhere to the best course in everything: “And spend of your substance in the cause of God, and make not your own hands contribute to (your) destruction; but do good; for God loveth those who do good.”(Al-Qurān,2:195).Likewise,theyaresupposedtoutter nothing but the best: “Say to My servants that they should (only) say those things that are best” (Al-Qurān, 17:53). When arguing, their argument is required to be superior to that of their contestants: “and argue with them in ways that are best and most gracious”.(Al-Qurān,16:125).

When we deliberate over the numerous relevant verses of the Holy Quran in this context, we explore that Allah the Exalted seeks from His slaves to follow the principle of contributing their best in every aspect of life: in speech, deeds, dealings, attitude, knowledge and creativity as thisisinharmonywithHisownattributes(mentionedintheHolyQurān)asbeing:“the best to create”; “We have indeed created man in the best of moulds”; “He Who has made every-thing which He has created most good”; He Who “has given you shape, and made your shapes beautiful”; that His law is the best of all laws, that His religion is the best of all religions; He Who will “certainly bestow, on those who patiently persevere, their reward according to the best of their actions.” ; that he “shall not suffer to perish the reward of any who do a (single) righteous deed.”; that for those who “who do right is a goodly (reward); Yea, more (than in measure)!”;thatHerewardsbenevolentlythosewhodogood “To those who do good, there is good in this world, and the Home of the Hereafter is even better and excellent indeed is the Home of the righteous.” All this substantiates nothing other than the importance of superseding and surpassing others towards superior quality and optimum performance, of acting in the best possible way while dealing with Muslims as well as others, whether in peace or in adversity, and of dealing with the universe and exploiting its riches and treasures.

In modern times the Western World has been leading in science and technology, just because it is always on its path of reaching and achieving the best and that it proactively works on envis-aging different possible scenarios for everything in order to select the best possible actions and solutions.

3. In calling to the straight path of Allah and effectively spreading His religion, the positive results of reciprocating in a superior manner are guaranteed by Allah, as He says, “Nor can goodness and Evil be equal. Repel (Evil) with what is better: Then will he between whom and thee was hatred become as it were thy friend and intimate!”(Al-Qurān,41:34).

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The syntax and semantics of the verse imply constancy and permanence, which means that the re-sults, by the grace of Allah, are certain to be positive, wherein yelling turns to humbleness, rage to tranquility, provocation and anger to good word, and placid tone and merciful smile surface on the fuming face of the scornful, unruly and ignoramus.271 On the contrary, if an offence is confronted in kind, the matter would get worse and aggravate to open antagonism wherein arrogance leads to crime and the things go out of control towards nothing but belligerence and warfare.

4. This approach (of reciprocating with the superior deportment and acting virtuously come what may) is a hard arduous task of which only those are capable who have been well nurtured in patience, commitment, composure and purposefulness. Allah says, “And no one will be granted such goodness except those who exercise patience and self-restraint,- none but persons of the greatest good fortune.”(Al-Qurān,41:35).

Such magnanimity, certainly, requires rearing and cultivating that make a human being truly a slave of Allah, not of his whims and fancies, capable of pinning down his rage, competent to forgive and respond with righteousness while being conscious of his marked purpose of spread-ing the divine message of Islam and serving the cause of Islam. It requires a Muslim to have a big heart that is compassionate and magnanimous in spite of being in the position of retaliation in kind. It also necessitates balancing between the high-minded tolerance allowed in Islam and subservient docility rejected by the faith, wherein the moderator’s role must go towards the interest of Islam, its directives, its prohibitions and its values, not to the personal interests, self-ish whims and fancies or to transitory stormy emotions. The following verse connotes to this solemnity of purpose: “If a suggestion from Satan assail thy (mind), seek refuge with God; for He heareth and knoweth (all things).”(Al-Qurān,7:200).

This certainly is an exhausting course to pursue – a course of maneuvering through desires of human self, its tendencies, its complications and its intricate gullies – until a herald of the mis-sion can get hold of the steering spot and the point of docility thereof.272

Inmyownopinionthepreceptofreciprocatingwiththebestisnotspecifictosituationsofanindividual facing the rage of another individual. It applies to all situations of confrontation and clash, wherein it is imperative to adopt the approach of reciprocating in a better manner for reaching to the ideal situation. Unquestionably, espousing this method is not so painless; indeed it is the portion of those who are privileged with the greatest good fortune. “Who is better in speech than one who calls (men) to God, works righteousness, and says, ‘I am of those who bow in Islam?’ Nor can goodness and Evil be equal. Repel (Evil) with what is better: Then will he between whom and thee was hatred become as it were thy friend and intimate! And no one will be granted such goodness except those who exercise patience and self-restraint,- none but persons of the greatest good fortune.”(Al-Qurān,41:33-35).

This is what I have tried to elucidate. If I have been right, that must the grace of Allah the Almighty; if otherwise, I beg for His pardon and seek His forgiveness. I supplicate to Him to accept this modest contribution of mine and reward me benevolently. I conclude my invocation by saying: Praise is due to Allah the Cherisher and Sustainer of all existence and may peace andblessingsofAllahbeuponHisfinalMessenger,Muhammad,hisfamilyandallhisnoblecompanions.

271SayyidQutb-FeeZilālAl-Qurān–(2/3122)

272SayyidQutb-FeeZilālAl-Qurān–(2/3122)

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