Letters to the Editor

Is there a hadith which says that the Ummah spread over the continents should observe `Eid on a single day?

Next, is there a single common day for the entire earth? Are they aware that when it is day at Makkah, it is night at other parts of the world?

You seem to have a simplistic approach. The two-page stuff you have sent us is not a research article that demands attention. This is the reason why we did not produce it in full. Research articles are written in Arabic. They are first published in scholarly magazines, where they receive attention of the scholars. Or they are presented in seminars. If on examination the scholars feel that it is worthwhile, they discuss the evidences and the conclusions among themselves, and seek a consensus of opinion. If that is gained, the issue will turn into a ruling, which might be incorporated in Fiqh books.

But, our conclusion is that the paper you have sent on behalf of a group is far below the standards of scholarship, and, therefore, is not worth paying any attention.

We cannot make out why you should feel confused. The Ummah has been observing its `Eids on various days, in accordance with the appearance of the moon in various regions, throughout its 1400 years history. No one ever felt uncomfortable about the Ummah observing `Eid on different days anytime in history, nor the issue was ever discussed hotly. So, what’s the new thing that has happened now to confuse you?

That outsiders wish to see Muslims disunited is a cause of concern of many; but what about insiders who are ever ready to part ways on the smallest pretext?

As regards unification of Islamic calendar, no one can take away from the Ummah the freedom that the Shari`ah has granted it. When the Prophet said, “Fast with its sighting, and break (at the end of the month) with its sighting,” then, he gave freedom to observe fasts and celebrate `Eid in accordance with the people’s own sightings in their own regions. This freedom is Shari`ah-given. The Ummah will not allow it usurped because some people are uncomfortable about it.

Also, the great majority of Muslims are a simple people. They do not know much of astronomy and computer calculations that people educated on modern lines cite. They merely understand that there could be people in parts of the globe that cannot be reached by ordinary means. So, why bother on their behalf? Let them sight the moon and act accordingly. In this regard, we are nature-bound, and not authority-bound, even if that authority is in Makkah.

But perhaps what bothers you is the division of the people at the time of moon sighting. Yet if this is a matter of worry, then, it is a matter of serious reflection. For, as we notice, the people disagree within a city even after clear sighting of the moon has been reported. Scholars of a certain group sit down in a circle, and wait for the news. As soon as they are told that those they differ with have sighted the moon, and will celebrate the `Eid the next day, they announce, “Then, our `Eid is going to on be the day after.” What they mean by saying “our” is their breakaway group and its adherents. The moon in the sky is ignored, and the command of the Shuyukh is followed. What can be done for such a people?

But, perhaps something can be done after all. It is to reduce the following of the corrupt religious leaders. This can be achieved through Islamic education and reformation activities. Education and reformation will instill in the people fear of Allah. It is fear of Allah that will prevent them from acting against religious instructions.

But what follows the conclusion is more interesting as also more saddening. Those who cry out aloud over the division of the Ummah, discuss the issues from their armchairs or over the Net, show no interest whatsoever to participate in any work of education or reformation. They are there for discussion. Arriving at them, we have made a full circle.

It might also be pointed out that unity of the Ummah does consist in these affairs. Muslims of every region might observe their own festivals according the moon sighting, or, they might follow different Madhaahib, they may work for different reformation gropes, they might hold different opinions about how to understand a hadith, and so on. The unity consists in unity over the basics of Islam such as: Allah is One, the Prophet was a Messenger and a slave of Allah, the Qur’an is the Final Revelation, five daily Prayers are obligatory, zakah must be paid out, viewing films, porno, drinking wine, women going about without hijab, prostrations before the graves, etc., are prohibited. In other words the desired unity consists in agreement over the very basics of Islam, followed by practice according to their dictates. You as an individual must get active about these things, ignoring the divisions that you see around you.

To say the wearing of said clothing is haraam (although worn under the conditions of burqa and niqab) is going a bit too far.

The laws of “sitr” that are applicable to women happen to be different for different situation. When faced with “ghayr mahram” (or those a woman can anytime marry), or when faced with family members, or women in general, her sitr is covering all except hands, face, hair, feet and those areas that are exposed in work such as the arms, legs a little before ankles, etc. Among women, or parents, brothers and sisters, the “sitr” demands “much lees coverage” than the above.

At best it might be said that wearing jeans and tops might be undesirable (even under burqa and niqab) since they were designed for men. The Prophet has disapproved that women should appear like men. In this costume plays its part.

But if women appear before the ghayr mahram in this attire, then that would be haraam, without any doubt, even if the woman has a scarf around here head. This is in vogue now among the Muslims of the Arab world, USA and Europe, where women wear jeans and tops, exposing their mid-torso, but covering their heads with a scarf. They think this is being in hijab. They are wrong for more than one reason. The central – and the most provocative – part of a woman in jeans and tops should be covered with a shawl and not left exposed.

If the skirts reached below the calf, and the dress for private regions of the house, there is nothing wrong in it.

We have stated above that within a burqa and niqab, jeans and tops should be alright. It should also be alright, if it is within the confines of the house, where they do not encounter but close blood relatives: brothers, uncles, and so forth.

There are two elements governing the minds of those who object: one, conservatism, and second precaution. Both elements have the approval of Islam. However, halal and haram are not decided on the basis of the two. There should be room for what is approved by Islam even if we think conservatism and precaution do not allow it.

Bid`ah is that act of worship which is not sanctioned by the Shari`ah, but which is performed under the impression that it is indeed a Shari`ah requirement.

The use of beads for Dhikr purposes does not fall under this definition. It is a kind of tool, just as the clock is a tool to determine time. The Shari`ah did not prescribe use of clocks in the mosques.

Had you stated the exact circumstances that you are facing at your personal level, you would have put us in a better position to offer some sort of advice. And the question is of such class which cannot be discussed at length with some assumptions from our side. All the same, let us look at a few points of general nature.

We are sure you are aware the separation of a married pair is disapproved by Islam, especially when there are children, since they suffer most.

A man or woman might remember that there are no perfect or near to perfect, men and women around. The modern culture does not produce them anymore. You have to live with the less than average of today’s world. If you dropped one because he or she is intolerable, you will end up with one of the same class, or worse. If you find the new one hasn’t got any those abhorring qualities that the last one had, you will also discover in time that the new one has another of the abhorring qualities that the previous one was free of.

Do not make any decision when you are at war with the other one. There might be daily disagreements, jibes, bickering and quarrels making it intolerable to share the roof with the other. But, this will gradually cool off. There will be less of talking, and so quarrelling, each having concluded that the other one can never be reformed. This phase will last for a while, may be one or two years. But, gradually, conversations will open up, points of differences will be avoided, and both will be able to conduct the affairs of life more amicably than before. So, patience will pay up the dividends in the end.

If the man is unlivable, despite years of trial, and separation is the only way out, then, involve the parents and family. Let them work out a deal. They will work out the terms of Khul`, which is separation on women’s request, while the husband does not agree to separation. If you have taken any money from him at the time of marriage, or expensive gifts, you will have to return them. If he has been hermaphroditic, and has, instead of giving taken from you or your parents, the family will try to get back from him. In short, let the family deal with the man. If you did, you might not achieve your objectives.

Obviously, according to Islamic laws, you have no share in his wealth, just as he has no share in your wealth. You cannot demand that he support you until you find another husband. Children of course, where sustenance is involved, are his. If a male is less than eight year old, or a girl until she is matured, stay with you, but whose maintenance is born by their father, which includes housing, food, clothes, medicine, sport, education, and marriage costs.

We hope we have answered a few questions that might have been in your mind.

We regret we do not have any such immediate plan. But the suggestion is not ruled out. If one of our staff is able to be ready with something printable, you will see it on these pages, Allah willing.

In brief, he was at the start a revolutionist and a successful freedom fighter, but who, under the pressures of the enemies of Islam, politics of the friends, and a complete lack of sympathy for Palestinian cause on the part of the rest of the humanity, turned into a secularist politician. He was used, discarded, and then murdered by those very people who persuaded him to enter into peace-talks with the usurpers of his lands.

It is of course a matter of comfort that while in prison you are attempting to guide people aright. This will endow you with a few qualities that you will greatly need when you are out into a very difficult, enticing and distracting world.

We do not see anything wrong in the acceptance of gifts coming from non-Muslims. It strengthens ties of friendship and lifts the doubts that surround relationship at the start of the contacts with reference to the motives. However, in your case, since they come after preaching, and might be construed by others as wages for your efforts, they should be accepted on condition that you are full owners of the gifts if accepted, and have the right, as well as the intention, to give them away to someone else. If they agree to the condition, you might accept them and pass them on to others. Giving them away to others would also help keep your intentions clean and pure.

If they insist that the gifts are intended for you, then, as a compromise, you might tell them that if they deliver the promise that they will read such and such a book, say on Tawheed, or an introduction to Islam, then their gifts are acceptable. In such a situation, you could use the accepted gifts for yourselves.

As we understand, and perhaps in view of the protests, the distribution has been withheld. It was also on sale on Amazon.com, but it seems it did not do well. Sales were negligible. By now it could have been withdrawn.

You have appealed to the Muslims to wake up? Wake up and do what? You have not touched on this issue. Let us do it. Young Muslims who wake up on several occasions, seem to wake up like a person sleeping in a railway compartment. Something wakes a man up. He hears the noises of the ticket collector making his rounds, of the winds howling outside the carriage, of the steel wheels grinding against the rails, and so on. In a few minutes he is back into deep sleep.

This is the first time a forged Qur’an has been brought out. It will not be the last time. If there is a wake up, it should be followed by some action such as: taking up the Qur’an for study at the personal level (meaning and explanation), attending Qur’anic halqas, and teaching it to the children of the slums who cannot afford a teacher.

The question of “can” or “cannot” has been getting varying answers from the scholars. The main reason for the varying answers is that the exact words employed while seeking the Prophet’s “waseelah” (means of access), and intention to be maintained, before, during, and after, determine the legality or illegality of the act. Ibn Abi al-`Izz, the famous Hanafiyy commentator of `Aqeedah-articles as articulated by Imam Tahawi, also a Hanafiyy, but which is accepted by all schools of thought, modern as well as ancient, devotes quite a few pages to the question of “waseelah” to expose the complication involved.

The many conditions that are placed, and the grave risks that are involved in availing the “waseelah” tell us plainly that it is best not to resort to it. It is like telling a sugar patient that occasionally, a little bit of sugar “might” not do him any “great” harm, provided he ate only such and such things, in such and such quantity, at such and such time of the day, cooked under such and such conditions, without such and such additional ingredients, provided he took such an such other precautionary measures to neutralize such and such dangerous side effects and attempted such and such exercises. When the allowableness is surrounded by so many conditions, the sugar patient would like to avoid it altogether. Such is the example of “waseelah”. It is best to avoid it altogether.