None of the Muhadittin worth his
salt has vouched that they are infallible despite the fact that they discarded
those they thought were not reliable at all. In the early days of Islam
hypocrites mischievously narrated many fake hadiths.
Important thing is to understand the logic
and objectivity of any saying or action or practice rather than blind adherence.
Not all Hadiths can be given the force of generalized law or a mandatory
practice for all times to come. The same thing applies to different fatwas
and laws of sharia'h.
For instance in Bukhari Sharif we find
different hadiths giving different ways of wadu. Underlying principle in
all of them is cleanliness and piety.
Similarly the underlying principle in use
of miswak is keeping the teeth clean.
The moderate Muslims believe that the use
of alcohol as anti-septic or medicine for purposes other than mereintoxication
or inebriation is not prohibited. They also believe that all kinds of intoxicants,
whether or not actually named in the Holy Quran or Hadith are prohibited.
However, the orthodox tend to believe that all wines and alcohol are totally
prohibited and their use, sale and preparation is not allowed under any
circumstance. Strange part is that some of such bigots do not regard the
business of 'niswar' and heroine and similar other deadly drugs as prohibited
as they delude themselves that these are not specifically mentioned in
Holy Quran or Haidh.
Opposition to Printing: After invention
of modern printing the first bible known variously as the Gutenberg Bible,
Mazarin Bible, or 42-Line Bible, was published in 15th Century. But in
Muslim world bigoted Mullahs opposed printing and regarded it as sacrilege
of Holy Book. However some 25o years after printing of Bible, Muslims
started printing Holy Quran.
Photography and Painting: Until
19th Century photography and painting portraits were regarded as
sinful and prohibited by Sunnah whereas in essence the prohibition applies
to worship of images or statues of personalities and drawing imaginary
images of God, Prophets and angels or installing images at places where
they may cause distraction in prayers or meditation.
Graves and Tombs: In certain sects
construction of graves and tombs is prohibited whereas many Muslims specially
in South Asia seek intercession by departed souls of Pirs and Sufis and
express their devotion on their graves in a manner akin to virtual worship
whereas Holy Quran says that everybody would be judged on the day of judgment
on the basis individual deeds and no intercession would be allowed except
that of grace of the Holy Prophet (SWS).
Women: Confining women to the home,
not letting them to engage in any profession where men work is still the
norm in a few communities. Use of Burqa by women or hiding their face by
veil and the entire body under a garment continues to be a common practice
in some parts of the Muslim world, whereas the modesty in dressing is the
principle involved. Women who go out or meet people wearing tight fitting
dresses or such dresses that expose naval or part of breast or thighs certainly
violates the principle of modesty. History tells us that Muslim women used
to engage in trade and commerce and helped the warriors in the battlefields
at the time of Jihad.
Opposition to English Language:
After British rule in India English language became official language of
the state and business. But Muslims in the sub-continent continued their
opposition to learn English or to go to modern schools or colleges. Sir
Syed Ahmed Khan played a key role in popularizing modern education among
Muslims whereas some of bigoted Mullahs issued fatwas condemning his campaign.
But Sir Syed is still remembered for his
services and establishing Aligarh Muslim
University.
Dogmatic adherence to the ritual
of moon sighting has kept the Islamic calendar out of practical usage.
As often seen First of a month falls in Saudia say on Monday but on that
Monday we in Pakistan may still be 29th or 30 the of a month until the
Ruyite Hilal committee actually sees the moon. The underlying principle
of the Hadith is to follow lunar calendar. Many sects follow the Egyptian
lunar calendar for all religious festivities on this principle.
About music the Hadiths quoted gives
many Ulema the impression that Holy Prophet condemned musical gathering
where prostitutes performed but not the music itself. In case of paintings
and Statues and graves giving reverence or treating that object of worship
or idolatry was prohibited.
Within the concepts of non-compulsion,
justice without discrimination, repentance and mitigation and other relevant
commandments and prohibitions described in Holy Quran it is our duty to
eliminate all social evils and ensure prompt dispensation of justice. There
are different collections of Sharia'h laws and fatwas for different sects
and none of them is in a modern codified form suitable for modern courts
and law enforcement agencies. In Sharia ethical standards
and religious practices and obligations
are also covered.
Under such circumstances it is preferable
to inject the spirit of Sharia'h and Holy Quran in our laws with the approval
of Parliament. Progress in this regard is very slow. Hudood Ordinance was
a step in this direction but it needs to be modified as it has some defects
that need review by the jurist and the Ulemas as well as the parliament
and much more remains to be done.
Wide difference of opinions exists about
Blasphemy law and Hudood Ordinance based on penal code of sharia for various
crimes. There is a general misconception that the extreme punishments are
the only ones prescribed whereas in actual fact most of them are
meant for serious cases of incorrigible individuals. For instance severance
of hand is not prescribed for every type of theft. It is to be applied
in incorrigible cases of serious nature.
The constitution of Islamic Republic of
Pakistan stipulates that all its laws are to be based on Holy Quran and
Sunnah. The highest court in Pakistan is the Supreme Court, while a Federal
Shariat court administers Islamic laws and resolves the differences of
opinion on different sharia issues.
Interest or Usury: The Shariat Appellate
Bench of the Supreme Court of Pakistan has set aside its earlier judgment
in which it had directed the government to eliminate Riba (interest) from
economy by June 30, 2002. The bench remanded the case back to the Federal
Shariat Court for a fresh decision. This decision has delayed
implementation of Interest Free Banking
System. The government had sought reversal of the judgment, which the FSC
had delivered in 1992, declaring all forms of interest-based banking un-Islamic.
Pakistani bankers maintain that the Riba
as mentioned in verses of Holy Quran mean 'usury' and the modern banking
interest cannot be termed as usury and it is more like a compensation for
loss of purchasing power of the currency. In this regard see the article
"Nature
of Riba" at
http://www.magway.net/paklink/articles/riba2.html
As explained therein the prohibition relating
to Riba applies to banking interest also but abolishing banking interest
before modifying the monetary system would be like putting a cart before
the horse. An Islamic state must have a currency based on gold or other
commodity to keep an effective check on the purchasing power of the fiat
money. Printing of paper currency without a base is the modern form of
Riba.
Islamic System: Some politicians
talk about enforcing the Islamic system without providing any tenable description
of what their perceived system is. Holy Quran and Sunnah lay down broad
principles for moral and social issues relating to various aspects including
trade and finance and details have to be laid down.
While we talk about Islamization of one
thing or the other, but most of us and our politicians including those
in religious parties have not adopted Islamic ideals of conduct and have
not inculcated the spirit of Islamic brotherhood, justice, kindness, honesty
etc. Few of us fulfill our duty and obligations to Allah and our fellow
human beings as
enunciated in the Holy Quran. After all
these commandments and the laws of the land are meant to help us distinguish
between right and wrong and what is better in life against what is worse.
By itself, the law can never create anything better. Establishing respect
for the law does not utomatically ensure a better life for that, after
all, is a job for people and not for laws and institutions.
The difference of opinion that exist can
best be solved by Ijma and Ijtihad. And the constitution of Pakistan provides
that our laws cannot be inconsistent with the principles of Holy
Quran and Sunnah. And the progress in amending the laws is very slow and
Parliament should not neglect their obligations in this respect.
This is a summary of the paper appearing
at:
http://www.netvert.biz/paklink/articles/hadith.html
.