Freedom Bulwark | Evil triumphs when good people do nothing

This article has been published by SADIA DEHLVI in The Times of India dated June 6,2010.
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The e-mail address of Sadia Dehlvi is sadiafeedback@gmail.com.
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The article is...
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The Spirit of Islam
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The fatwa issued by the Deoband Dar-ul-Uloom seminary discouraging women from working was unfortunate and unwarranted. Even though the majority of Indian Muslims do not adhere to the Deoband creed, such edicts reinforce stereotypical perceptions of Islam and shariah law. Unfortunately, the inability to communicate alternative enlightened narratives of the inclusive nature of Islam is the collective failure of Islamic scholars, for they remain busy defending their narrow vision and legalistic interpretations.

Apart from the Quran and Sunnah, another source of shariah is ijma, consensus of the scholars. The Prophet's declaration, "Difference amongst scholars is a blessing", clearly encourages diversity of understanding in Islam. Through the centuries numerous Muslim scholars, Sufis, philosophers, theologians and jurists have elucidated and interpreted the nature of the original vision, importantly in keeping with the needs of their times.

Shariah literally means 'the road', signifying the outward path to righteous activity that prepares the body for the Tareeqah, the internal spiritual quest. Shariah law consists of guidelines that can be broadly classified as actions that are indifferent, recommended, required, reprehensible and forbidden, covering areas outside of defined modern legal systems. Some of the greatest Muslim authorities have recommended not spending too much time studying the shariah, for it can blind one to the essential spiritual dimensions of Islam, mainly ihsan, that commands purity of heart and excellence of character.

Similar to secular law, distinctions in shariah are made between the spirit and the letter of the law, based on the Prophet's most cited saying, "All actions are based upon intent". Shariah laws are contextual to environment, intention and circumstances. Barring mandatory rules of worship, Islamic rulings have changed through the centuries and have been rooted in varying social orders. Omar, the second ruler of the Muslim caliphate after the Prophet's demise, did not implement the prescribed punishment for theft during a famine that led to starvation. The fact that Islam is the fastest growing religion with almost 500 converts daily in today's world is testimony to its accommodative spirit.

Primarily an oral tradition, some Muslims protested when the Quran became a written document after the demise of the Prophet. Similarly, when loudspeakers were first introduced at mosques, some scholars ruled against their usage. The conservative viewed these changes as bidah, an innovation in Islam. However, these changes were accepted and implemented, the intent being to create ease for worshippers. Clearly, a head covering is preferred in the shariah, but even that can be contextual. In the aftermath of the 9/11 tragedy, some American Muslim scholars issued a fatwa that since Muslims were becoming the target of discriminatory behaviour, Muslim women could avoid wearing the headscarf.

Interestingly, two-thirds of the Quran was revealed in the Meccan phase before the Prophet's migration to Medina. The Meccan revelations largely consist of spiritual narratives calling Muslims to non-violent resistance. This took place at a time when Muslim men and women were being tortured and killed for no reason other than accepting Islam. Soumayya, a woman who was tortured to death under the blazing sun, became the first martyr of Islam. After 13 years of passive resistance, Prophet Muhammad migrated to Medina, where the rest of the Quran consisting of legal rulings was revealed. These rulings came after the new society had practised non-violence and taught social ideals of tolerance, brotherhood and, importantly, honouring women.

Prophet Muhammad had around 1,24,000 sahabah, companions who rank the highest in Muslim piety. Only 10 amongst them issued fatwas, the rest spent time working towards betterment of society. Muslim scholars could well follow this example and concentrate on the economic and educational progress of the community. Traditionally, fatwas required scholarship, caution, reflection and deep insights into Islamic philosophy. Enlightenment should accompany the study of religion, not dogma. We now have every other self-styled scholar rushing to issue headline-grabbing fatwas leading to unproductive sound-bite journalism.

In India, Muslims in general and Muslim women in particular are clearly facing an economic, educational and spiritual famine. There is a lack of competent leadership and opportunities in all areas. Edicts coming from Muslim seminaries must be more accommodating in their nature, particularly because we share secular space with Indian brethren of other religions.

Islamic history has countless role models of women's empowerment in the areas of politics, economics, social engagement and spirituality. Prior to his marriage, Prophet Muhammad worked for Khadijah, a woman trader who became the first financer of Islam. The Prophet decreed that a woman's wealth is discretionary and that she is not obliged to look after anyone. The ruling presumes that there are women entrepreneurs and working women. It also safeguards women from being forced to earn, placing the primary duty of providing for the family on men. However, contrary to the Dar-ul-Uloom ruling, there is nothing in the shariah that makes a woman's lawful earnings unlawful for the male members of her family.

It is important to remember that the shariah came to preserve and not to destroy, to make life easy, not difficult. The spirit of Islam lies not in compulsion, but free will, not in punishment but forgiveness, not in justice but compassion, not in extremism but moderation.

The writer is an author and commentator.