Table of Contents

The Lawful and the Prohibited in IslamError! Bookmark not defined.

Reviewers Note.........................................................................1
Definitions................................................................................2
Introduction.............................................................................2
Islamic Principles.....................................................................8
1. Food and Drink..................................................................25
Clothing and Adornment......................................................51
The Home...............................................................................62
The Home...............................................................................62
Work and Earning Livelihood..............................................80
1. The Physical Appetites......................................................93
2. Marriage...........................................................................109
3. The Relationship Between Husband and Wife..............123
4. Contraception...................................................................125
5. Divorce..............................................................................128
6. The Relationship Between Parents and Children..........140
1. Beliefs and Customs.........................................................149
2. Business Transactions......................................................158
3. Recreation and Play.........................................................182
4. Social Relationships.........................................................193
5. Social Relationships.........................................................210

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 Concluding Remarks...........................................................215

Muslim scholars who have lived in the West, and who possess
ConcludingRemarks mastery of the Islamic fiqh, introduce into English a fiqh which
will
meet our Islamic needs in this part of the world, one which will
Reviewers Note
demonstrate the ability of Islam, as Allah's final message to
The methodology of this book is unique in dealing with the
mankind, to meet the changing requirements of human society.
many
We
subjects it covers. In fact, Sheikh Yusuf al-Qaradawi is a
hope that this call to our brothers and sisters will not be lost,
pioneer,
and
the first to handle this subject using this particular approach.
that the Muslims in North America will carry out the
He has
responsibilities
attempted, with considerable success in the Arabic original, to
which confront them in a forceful and dynamic fashion.
collect and summarize the issues from both ancient and modern
Insha'Allah
Islamic references. Being himself a recognized Islamic scholar,
the day will not be far off when the major reference works
he
available
has had to make a judgement in selecting those points of view
in the Islamic languages -Arabic, Urdu, Persian, Turkish, etc.
which he strongly felt meet the needs of Muslims in reference
-will
to the
be accurately translated into English, giving the English-
changing circumstances of this time. However, this by no
speaking
means presents all dimensions of the
Muslims the privilege of drawing their own conclusions
"discussion relating to each issue, which it is impossible to
concerning
cover in
the many issues which confront them today. We pray that
a book of this modest size. Although the present volume is very
Allah will forgive us, and that He will bless our work
useful, it cannot by itself fill the gaps, meet the challenges, or
and make it useful for the Muslims of the English-speaking
answer the multitude of questions which face Muslim
world. Sheikh Ahmad Zaki
communities
living in the Western world. It is time that sincere and qualified Definitions

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Al-Halal (the lawful): That which is permitted, with respect to He has sent down no authority, and that you say concerning
which no restriction exists, and the doing of which the Law- Allah that about which you do not know. (7:32-33) The
Giver, Allah, has allowed. Al-Haram Al-Haram (the prohibited General Institute of Islamic Culture of al-Azhar University has
or unlawful): requested me to participate in an academic project of writing
That which the Law-Giver has absolutely prohibited; anyone easily
who engages in it is liable to incur the punishment of Allah in understandable books or pamphlets which, when translated into
the Hereafter as well as a legal punishment in this world. Al- the English language, would introduce Islam and its teachings
Makruh Al-Makruh (the detested): That which is disapproved to Europe
by and America, educating the Muslims who reside there and
the Law-Giver but not very strongly. The makruh is less in attracting
degree the non-Muslims toward Islam. Assuredly this project of
than the haram, and the punishment for makruh acts is less than producing books and pamphlets has both a
for those that are haram, except when done to excess and in a lofty aim and a broad scope. It should have been initiated long
manner which leads an individual toward what is haram ago,
since many Muslims in Europe and America have very little
In the name of Allah, the Compassionate, the Merciful
knowledge of Islam, and even that little has not remained safe
from distortion and confusion. Recently a friend from al-Azhar
Introduction who was sent to one of the states in the United States of
Say: Who has forbidden the adornment of Allah which He has America wrote to
brought forth for His servants, and the good things of His us, saying, "Many Muslims in this state run bars and earn their
providing? living through the sale of liquor, not even knowing that this is a
Say: They are, on the Day of Resurrection, exclusively for major sin in Islam." He adds, "Muslim men marry Christian,
those who believed during the life of this world. Thus do we Jewish and sometimes mushrik (Ascribing partners, or
explain the signs for those who know. Say: What my Lord has associating others,
indeed prohibited are shameful deeds, whether open or secret, with Allah. (Trans. women, passing over the Muslim women,
and sin and rebellion without just cause, and that you associate who remain unmarried and have to fend for themselves." If this
with Allah that for which is the state of the Muslims, what can be said of the non-

3
Muslims? People in the West have a very distorted and ugly chapters in books on Islamic jurisprudence (fiqh), and between
picture of Islam, its Prophet (may Allah's peace and blessings the lines in the
be on him), commentaries on the Qur'an and in books of the Prophet's
and its followers, a picture painted by Christian missionaries ahadith. Such a subject, moreover, compels the writer to be
and the definitive
representatives of the imperialist powers. They have used all concerning many matters about which earlier scholars have
means of propaganda at their disposal to malign Islam and to differed and contemporary scholars are confused.
prejudice the minds of people against it, while we, at the same Consequently, to prefer one opinion over another in matters
time, have been heedless and neglectful of combating this relating to the halal and the haram in Islam requires patience,
malicious propaganda. thoroughness in research, and
It is indeed high time to launch an educational project in order intellectual exertion on the part of the researcher -all this after
to remedy this situation, to inform people about the truth of he
Islam, and to invite them toward it. We welcome this blessed has purified his heart from all desires except to please Allah
step, commending these devoted people of al-Azhar; we Subhanahu wa Ta'ala and to seek the truth. It is my observation
request them to redouble their efforts in this direction, and pray that most contemporary researchers and
to Allah to bless and writers about Islam fall into one of two groups. The vision of
one
help them always. The Institute of Islamic Culture assigned me
group has been blinded by the glamour of Western civilization.
the task of writing on
Overawed by this great idol, they worship it, approach it
the subject of the lawful (al-halal) and the prohibited (al-
imploringly, and stand before it humbly, with downcast eyes,
haram) in Islam, requesting that I present the subject in a
accepting Western principles and customs as unassailable and
simple and easily
proven beyond doubt. Accordingly, if some aspect of Islam
understandable manner which was also to include a comparison
agrees
with other religions and cultures. At first glance the subject of
with these principles and customs, they praise and extol it,
the lawful and the prohibited may
while if some aspect opposes them, they try to find similarities
seem easy to write about, but it is, in fact, extremely difficult.
and agreements, offer excuses and apologies, or resort to far
No previous author, either early or modern, has compiled a
fetched explanations and distortions, as if Islam had no choice
book dealing specifically with this topic. The student will find
except to surrender to the philosophy and customs of Western
material pertaining to this subject scattered throughout various
civilization.

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When we examine their views, we find that they permit things any who guides to the truth? Say: Allah guides to the truth.
which Islam has prohibited, such as statues, lotteries, interest, Then does He Who guides to the truth have more right to be
being in privacy with a non-mahrem woman, a man's wearing obeyed, or the one who is not guided unless he receives
gold and silk, and so on. They frown upon things which Islam guidance? Then what is wrong with you all? How do you
has permitted, such judge? (10:35) The other group is frozen in its fixed opinions
concerning questions
as divorce and plurality of wives, as if, in their view, whatever
about the halal and the haram, following a statement in a text
is legal in the West is halal and what is illegal is haram. They
which they assume to be Islam. They do not budge a hair's
forget that Islam is the word of Allah and that His word is
breadth from their position, nor do they try to weigh their
always uppermost. Islam came to be followed, not to follow; to
opinion against the arguments of others, and to arrive at the
be dominant, not subordinate. How can the Lord of men follow
truth after a
men and how can the Creator submit to the whims of His
comparison and critical evaluation of all opinions. If one of
creatures? If the reality had been in accord with their desires,
them were to be asked his opinion concerning music, singing,
the heavens and
chess,
the earth, and whosoever is therein, would have been in women's education, a woman's showing her face and hands,
corruption... (Holy Qur'an 23:71) (The numbering of Qur'anic and similar matters, the most likely word to issue from his
chapters and verses used throughout this book is the standard tongue would be Haram. This group has forgotten the caution
numbering used in all editions of the exercised by our righteous forebearers in such matters, who
Qur'an. The sole exception is in relation to Surah al-Maidah, never applied the
the fifth Surah, the numbering of which differs slightly haram to anything unless they knew it to be definitely
between the translations of A. Yusuf'Ali and those of other prohibited. If there were the slightest doubt concerning the
translators. Where verses from this surah are cited, the matter they would only say, "We disapprove of it" or "We do
numbering used by Yusuf 'Ali is not like it," or some other similarly mild statement. I have
given first and the numbering used by such translators as endeavored not to be in either of these two groups.
Pickthall,
I cannot compromise my religion by taking the West as my god
Maududi, M. Asad and others is given in brackets immediately
after accepting Allah as the Lord, Islam as the religion, and
following it. (Trans. Say: Is there among your partners (whom
Muhammad (peace be on him) as the Messenger. At the same
you associate with Allah)
time, I cannot

5
compromise my intellect by following one particular school of strong arguments and a valid proof deserves to be followed,
jurisprudence in all its judgements, whether right or wrong, while the one
suspending my own faculty of reasoning and discernment. "A with weak arguments and incorrect proofs should be rejected,
blind regardless of who he is. On this point, Imam 'Ali says, "Truth
follower," in the words of Ibn al-Jawzi, "does not have any is not to be learned on the basis of authorities. Learn the truth
trust in what he follows. To imitate is to suspend the use of the and then you will know who the truthful ones are."
intellect, whereas the intellect is created for thinking and
reasoning. It is stupidity when a person is given a light to show
I have tried, to the best of my ability, to follow the guidelines
him the way, he
of the Institute of Islamic Culture. Thus I have presented the
should extinguish it and walk in darkness.''(Talbis Iblis, p. 81.)
material supported by arguments, proofs, and comparisons,
This is why I have not confined myself to any one of the
utilizing the
several schools of jurisprudence (madhahib, singular madhab)
prevalent in the Islamic world, for the truth is not the monopoly latest scientific ideas and contemporary knowledge.
of any one Alhamdulillah,
school. The leading scholars of these schools never claimed
Islam is like the radiant sun, whose light bears the proof that it
that they were infallible; they were, in fact, researchers who
is an eternal religion for all mankind. The hue imparted by
sought to know the truth. If they erred in a ruling they will have
Allah -and who is better than Allah in imparting a hue? (Holy
a reward,
Qur'an 2:138) The concept of the lawful and the prohibited has
while if they were correct, their reward will be twice as great.
been known to every people since ancient times. However,
Said Imam Malik, "The word of any person other than the
people have differed in defining the scope, variety, and causes
Prophet (peace be on him) is sometimes accepted and
of taboos and prohibitions,
sometimes rejected. " And Imam Shafi'i commented, "My
opinion is correct with the most of which were a product of their primitive beliefs,
possibof its being in error. An opinion different from mine is in superstitions, and myths. Then came the divinely-revealed
error with the possibility of its being correct." While it is not religions,
worthy of a Muslim scholar who is capable of (According to the Qur'an there has been only one true,
comparing and choosing to tie himself to a single school of authentic faith, Al-Islam. Islam means the attainment of peace
jurisprudence or to submit to the opinion of a particular jurist, through conscientious and loving submission to the Will and
he must give weight to arguments and proofs. The jurist with Guidance of Allah.

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 This was the mission of all Prophets and Messengers in human Islam came with its complete, comprehensive, and eternal
history. It is the same fundamental faith which was revealed Shari'ah (law) for the whole of mankind.
to Moses, Jesus, and Muhammad (peace be upon them). The Concerning this, after mentioning what He has prohibited
original revelations given to Moses and Jesus are no longer as food, Allah says, ...This day I have perfected your religion
available in their complete, original and unadulterated form. for you and have completed my favor upon you, and have
The Qur'an is the only divine revelation which was chosen Islam for you as the religion... (5:3) The Islamic view
meticulously preserved in it's complete, original, and of the halal and the haram is very simple and
unadulterated form. clear. It is a part of that great trust which Allah offered to the
As such, it is to be used as the criterion to judge the heavens, the earth, and the mountains, which they declined but
authenticity of the present forms of which man accepted. This trust requires man to carry out the
previous revelations.) with their laws and injunctions duties placed on him by Allah as His viceregent on earth and to
concerning the halal and the haram, uplifting the human being assume accountability concerning them. This responsibility is
from the level of superstition, myth, and tribalism to the level the basis on which the human individual will be judged by
of dignity which befits Allah and given his reward or punishment. Because of this
a human being. However, in the religions revealed prior to trust, Allah gave man intellect, will power, and freedom of
Islam there were some choice; because of this, He sent His messengers and revealed
prohibitions and permissions which were legislated for a His Books.
temporary period, in relation to the specific conditions of the It is not for man to ask, "Why is there halal and haram? Why
people and their environments. For example, Allah prohibited am I not left free to do as I please?" for this is precisely the test
some good things to the Children of Israel as a punishment for of his freedom of choice and action. Moreover, man is neither a
their rebellious attitude; thereafter, Jesus (peace be on him) told purely spiritual being like the angels nor simply a creature of
the people that he had instinct like the animals.
come ...confirming the truth of what was before me of the Rather he occupies a position between the two: he can attain or
Taurat and to make lawful to you some of what was prohibited even surpass the spiritual heights of the angels, or he can sink
to you... (3:50) (Taurat refers to the original scripture revealed to the level of the beasts, or even lower. From another
to the Prophet Moses by God.) Finally, when mankind had perspective, the halal and haram are part of the total legal
reached the stage of intellectual maturity and was ready to system of Islam, its Shari'ah, a system whose primary objective
receive the last message from Allah Subhanahu wa Ta'ala, is the good of mankind.

7
The Islamic Shari'ah removes fromhuman beings harmful, criteria with regard to the halal and haram are embodied in the
burdensome customs and superstitions, aiming to simplify and following two verses, which we have placed at the beginning
ease the business of day-today living. of this book:
Its principles are designed to protect man from evil and to Say: Who has forbidden the adornment of Allah which He has
benefit him in all aspects of his life. And they are designed to brought forth for His servants, and the good things of His
benefit everyone in the community -the rich and the poor, the providing? Say: They are, on the Day of Resurrection,
rulers and the ruled, the men and the women -as well as to exclusively for those who believed during the life of this world.
benefit the whole of humanity throughout the earth in various Thus do we explain the signs for those who know.
countries and climes, with its multitude of groupings, and in Say: What my Lord has indeed prohibited are shameful deeds,
every period of time throughout succeeding generations. whether open or secret, and sin and rebellion without just
This religion came as a mercy from Allah to include all His cause, and that you associate with Allah that for which He has
servants in the final stage among the various stages of man. sent down no authority, and that you say concerning Allah that
Concerning His Messenger (peace be on him) Allah says, And about which you do not know. (7:32-33) In view of the fact
we have not sent thee except as a mercy for all the worlds. that the halal and haram constitute such an important subject, I
(21:107) and the Prophet (peace be on him) himself said, "I am believe that this book, in spite of its modest
a merciful gift". (Reported by al-Hakim on the authority of size, will fill a gap in the library of the contemporary Muslim;
Abu Hurairah; al-Dhahabi classifies this hadith as authentic.) that it will solve many problems which he faces in his personal,
One aspect of this mercy is that Allah removed from the family, and social life; and that it will answer many questions
Muslim ummah (nation or community) all traces of fanaticism of this kind: is permitted to me?
and zealotry, as well as all the means of declaring things to be What is prohibited to me? And what is the reason for
halal and haram; permitting this and prohibiting that? In bringing this
contrary to the case of the idolatrous and the People of the introduction to a close, I would like to express my thanks to the
Book scholars of al-Azhar and the Institute of Islamic Culture for
(Jews and Christians), whose priests had prohibited the good placing their trust in me to deal with such a vital subject.
things I hope I have proved worthy of their trust and have achieved
and permitted the foul. Allah says: ...My mercy embraces all their objective.
things. Thus I shall ordain it for those who I pray to Allah Subhanahu wa Ta'ala to benefit those people
are conscious (of me) and who give the purifying alms (zakat), who read this book, to give us truthfulness in what we say and
and those who believe in our revelations. (7:156) The Islamic do, to keep our thoughts and our pens from aberrations, and to

8
guide us in all our affairs. It is He alone who listens to principles of the mortification of the flesh, abstention from
supplications. Dr. Yusuf al-Qaradawi Safar 1380 / August 1960 good food, and avoidance of other enjoyments of life which
1. Islamic Principles Pertaining to Halal and Haram Allah has provided for human beings.
Christian monasticism attained its peak during the Middle
Islamic Principles
Ages when the avoidance of good and pure things among the
monks, thousands in number, reached the point at which
1. The Basic Asl Refers to the Permissibility of Things
washing one's feet was considered a sin and entering a bath
2. To Make Lawful and to Prohibit Is the Right of Allah Alone
was something to regret and repent. On the extreme left, the
3. Prohibiting the Halal and Permitting the Haram Is Similar to
Mazdak philosophy emerged in Persia, advocating absolute
Committing Shirk
freedom and allowing people to take whatever they wanted and
4. The Prohibition of Things Is Due to Their Impurity and
do whatever they pleased, even exhorting them to violate what
Harmfulness
is naturally held inviolable by human beings.
5. What is Halal Is Sufficient, While What is Haram Is
Superfluous
6. Whatever Is Conducive to the Haram Is Itself Haram The Arabs of the pre-Islamic era provide a noteworthy example
7. Falsely Representing the Haram as Halal Is Prohibited of utter confusion regarding the criteria for making lawful or
8. Good Intentions Do Not Make the Haram Acceptable prohibiting things and actions.
9. Doubtful Things Are To Be Avoided
They permitted the drinking of alcohol, the taking of usury at
10. The Haram Is Prohibited to Everyone Alike
exorbitant rates, the torturing and secluding of women, and
11. Necessity Dictates Exceptions
many similar practices. Those who had diabolical minds made
Islamic Principles The question of what ought to be halal
alluring to many of them the killing of their own children,
(lawful) and haram (prohibited) was one of the matters
until, suppressing their natural paternal feelings, they obeyed
concerning which, prior to the advent of Islam, the peoples of
them.
the world had gone very far astray and were utterly confused,
permitting many impure and harmful things and prohibiting As Allah Subhanahu wa Ta'ala says: Thus have their partners
many things that were good and pure. made alluring to many of the idolaters the killing of their
They erred grievously, going either far to the right or far to the children, in order to destroy them and to confuse for them their
left. On the extreme right was the ascetic Brahmanism of India religion. (6:137) These "partners" from among the guardians of
and the self-denying monasticism of Christianity. In addition to the idols had devised many impressive arguments to persuade
these two, there were other religions which were based on the fathers to kill their

9
children; among them were the fear of actual or anticipated therefore, to establish certain legal principles and measures for
poverty, the impending shame in case of a daughter, and the rectifying this important matter; these principles were then
closeness to the gods to be attained by the sacrifice of a son. It made the determining criteria on
is strange that these same people who permitted the killing of which the questions of what is halal and what is haram were to
their children by cutting their throats or burying them alive had be
prohibited to themselves the eating of certain agricultural based. Thus this vital aspect was determined according to the
produce and the flesh of cattle. correct perspective, and rules related to matters of halal and
Stranger still is that they considered such haram were established on the basis of principles of justice.
prohibitions as part of their religion, attributing them to Allah's
command. (It should be noted that while worshipping and The ummah (nation) of Islam thus became an ummah
ascribing powers to numerous male and female deities the occupying a position between the extremist deviations to the
pagan Arabs of the pre-Islamic era possessed the concept of a right and left, which Allah Ta'ala describes as a "middle
supreme Deity, Allah, ascribing to Him many false attributes ummah, the best ummah that has
and laws. (Trans. But Allah rejected their false claim: And they ever been brought forth for mankind." (3:110)
say, 'These cattle and crops are sacred; none shall eat of them 1. The Basic Asl Refers to the Permissibility of Things
except those whom we wish', -so they assert -'and cattle whose The first asl (Asl, plural usual, denotes origin, source,
backs are prohibited (to burden), as well as cattle on which(at foundation, basis, fundamental or principle. (Trans., or
slaughter) the name of Allah is not mentioned' a forgery principle, established by Islam is that the things which Allah
against Him. has created and the benefits derived from them are essentially
He will assuredly recompense them for what they have forged. for man's use, and hence are permissible.
(6:138) Moreover, the Qur'an exposed the error of those who Nothing is haram except what is prohibited by a sound and
made halal what should have been prohibited and made haram explicit nas (Nas denotes either a verse of the Qur'an or a clear,
what should have been permitted: Lost are those who kill their authentic, and explicit sunnah (practice or saying) of Prophet
children in folly, without knowledge and prohibited what Allah Muhammad. These are the two main sources of Islamic law,
has provided them, forging (lies) against Allah. i.e., its Shari'ah. (Trans. from the Law-Giver, Allah Subhanahu
They have indeed gone astray and are without guidance. wa Ta'ala.
(6:140) When Islam came, the errors, confusions, and If the nas is not sound, as for example in the case of a weak
deviations with respect to the question of halal and haram were hadith, or if it is not explicit in stating the prohibition, the
very widespread. One of Islam's initial accomplishments was, original principle of permissibility applies. The scholars of

10
Islam have derived this principle of the natural usability and al-Hakim, classified as sahih (sound), and quoted by al-
permissibility of things from the clear verses of the Qur'an. Bazzar.) Salman al-Farsi reported that when the Messenger of
For example, Allah says: It is He who created all that is in the Allah (peace be on him) was asked about animal fat, cheese,
earth for you.... (2:29) He has subjected to you, from Himself, and fur, he replied, "The halal is that which Allah has made
all that is in the heavens lawful in His Book and the haram is that which He has
and all that is on the earth.... (45:13) forbidden, and that concerning which He is silent He has
permitted as a favor to you." (Reported by al-Tirmidhi and Ibn
Do you not see that Allah has subjected to you whatever is in
Majah.)
the heavens and what is on earth, and has showered upon you
Thus, rather than giving specific answers to what the
His favors, both apparent and unseen? (31:20) It cannot be that
questioner had
Allah, may He be glorified, would create all these
asked, the Prophet (peace be on him) referred to the general
things, give man control over them, count them as His favors criterion for determining the halal and the haram. Accordingly,
upon him, and subsequently inform him that their use is it is
prohibited; how could this be when He created all this for sufficient for us to know what Allah has made haram, since
man's use and benefit? what is not included in it is pure and permissible. The Prophet
Indeed, He has prohibited only a few things for specific (peace be on him) also said:
reasons, the wisdom of which will be discussed later. In Islam Allah has prescribed certain obligations for you, so do not
the sphere of prohibited things is very small, while that of neglect them; He has defined certain limits, so do not
permissible things is extremely vast. There is only a small transgress them; He has prohibited certain things, so do not do
number of sound and explicit texts concerning prohibitions, them; and He has kept silent concerning other things out of
while whatever is not mentioned in a nas as being lawful or mercy for you and not because of forgetfulness, so do not ask
prohibited falls under the general principle of the permissibility questions concerning them. (Reported by aI-Darqutni and
of things and within the domain of Allah's favor. In this regard classified as hasan (good) by al-Nawawi.)
the Prophet (peace be on him) said:
I would like to emphasize here that the principle of natural
What Allah has made lawful in His Book is halal and what He
permissibility is not only limited to things and objects but also
has forbidden is haram, and that concerning which He is silent
includes all human actions and behavior not related to acts of
is allowed as His favor. So accept from Allah His favor, for
worship, which may be termed living habits or day-to-day
Allah is not forgetful of anything. He then recited, "And thy
affairs. Here again, the principle is that these are allowed
Lord is not forgetful.(19:64) (This hadith was reported by
without restriction, with the exception of a small number of

11
things which are definitely prohibited by the Law-Giver, Allah Here the principle is freedom of action; nothing may be
Subhanahu wa Ta'ala, Who says: ...He (Allah) has explained to restricted in this regard except
you what He has made haram for you.... (6:119) including both what Allah Subhanahu wa Ta'ala has restricted. This is the case
objects and actions. The case is different, however, in relation because commanding and prohibiting are both in Allah's hands.
to acts of worship. These are purely religious acts which can be As far as worship is concerned, there has to be a command
taken only from what Allah Himself reveals. from Him concerning it. Thus, when it requires a command
(from Allah) to establish something, how can we say that
Concerning this we have a sound hadith: "Any innovation in
something is restricted without His command? This is why
our matter (worship) which is not a part of it must be rejected.''
Ahmad (bin Hanbal) and other jurists, who base their
(This hadith is classified as muttafaq'alayh ("agreed upon" by
judgements on ahadith, (Plural of hadith. (Trans. say: In
the two great scholars al-Bukhari and Muslim).)
relation
Anyone who invents or originates a form of worship on his
own has gone astray and must be repudiated, for only the Law- to acts of worship, the principle is limitation (tawqeef); that is t
Giver Himself has the right to originate acts of worship through say, nothing can be legislated in this regard except what Allah
which human beings may seek nearness to Him. Living habits Himself has legislated. To do otherwise is to incur the risk of
and day-today matters, however, did not originate with the being included in the meaning of the ayah: 'Do they have
Law-Giver; they were originated and acted upon by human partners (with Allah) who have prescribed for them in
beings themselves. religion that concerning which Allah has given no permission?'
Thus the Law-Giver intervenes only to rectify, to moderate, or (42:21) But as far as living habits are concerned, the principle
to refine them, and occasionally to identify some practices is freedom because nothing can be restricted in this regard
which are harmful or which may lead to strife. The great except what Allah Himself has prohibited. Here, to do
Islamic scholar Ibn Taymiyyah states, Peoples' sayings and otherwise, is to be included in the meaning of His saying: 'Say:
actions are of two kinds: acts of worship by which their Do you see what Allah has sent down to you for sustenance?
religion is established, and customary practices which are Yet you have made some part of it halal and some part haram.'
required for dayto-day living. (10:59) This is a great and beneficent principle, on the basis of
From the principles of the Shari'ah, we know that acts of which we can say that buying, selling, leasing, giving gifts, and
worship are those acts which have been prescribed by Allah or other such matters are necessary activities for people, as are
approved by Him; nothing is to be affirmed here except eating, drinking, and the wearing of clothes. If the Shari'ah says
through the Shari'ah. However, as far as the wordly activities something concerning these mundane matters, it is in order to
of people are concerned, they are necessary for everyday life. teach good behavior.

12
Accordingly, it has prohibited whatever leads to strife, has Assuredly the Prophet's Companions (may Allah be pleased
made obligatory that which is essential, has disapproved that with them) had a perfect understanding of the Shari'ah.
which is frivolous, and has approved that which is beneficial. Accordingly, this great principle that no worship can be
All this has been done with due consideration for the kinds of legislated except by the command of Allah, and no practice can
activities involved, their magnitudes, and properties. Since this be prohibited except by His prohibition -is firmly established.
is the stand of the Shari'ah, people are free to buy, sell, and
2. To Make Lawful and to Prohibit Is the Right of Allah
lease as they wish, just as they are free to eat and to drink what
Alone
they like as long as it is not haram.
Although some of these The second principle is that Islam has restricted the authority to
things may be disapproved, they are free in this regard, since legislate the haram and the halal, taking it out of the hands of
the Shari'ah does not go to the extent of prohibiting them, and human beings, regardless of their religious or worldly position,
thus the original principle (of permissibility) remains. (Al- and
Qawa'id al-Nuraniyah al-Fiqhiyah by Ibn Taymiyyah, pp. 112-
reserving it for the Lord of human beings alone.
113. In accordance with this principle, Ibn Taymiyyah, his
Neither rabbis nor priests, kings or sultans, have the right to
pupil, Ibn al-Qayyim, and the Hanbali jurists in general hold
prohibit something
that contracts and the conditions laid down in them are
permanently to Allah's servants; if someone does this, he has
essentially permissible, as any contract not involving any
certainly exceeded his limits, usurping the sovereignty which,
matter which is textually established as haram is valid.)
with respect to legislating for the people, belongs to Allah
This principle is also supported by what is reported in a sound Subhanahu wa Ta'ala alone. Others who acquiesce with this
hadith by the Prophet's Companion, Jabir bin 'Abdullah. He transgression of such usurpers and act upon what they have
said, "We used to practice 'azl (coitus interrupts, or withdrawal legislated thereby elevate them to the rank of partners or
before ejaculation during intercourse) during the period when associates with Allah:
the Qur'an was being revealed. If the practice were to have Do they have partners (with Allah) who have prescribed for
been prohibited, the Qur'an would have prohibited it." He them in religion that concerning which Allah has given no
therefore concluded that if the divine revelation was silent permission?
about something, it was permissible and people were free to (42:21) They have taken their rabbis and priests as lords
practice it. besides Allah, and the Messiah, son of Mary, although they
were commanded to worship no one except the One Allah.

13
There is no Deity but He, glory be to Him above what they will not prosper. (16:116) From these explicit verses of the
associate with Him! (9:31) Qur'an and from clear ahadith of the Prophet (peace be on
The Qur'an took to task the People of the Book, that is, him), the jurists of Islam grasped with certainty that it is Allah
Christians and Jews, for putting the power to make lawful and Subhanahu wa Ta'ala alone Who has the right to make lawful
to prohibit things and actions into the hands of their rabbis and or to prohibit a matter, either through His Bookor through the
priests. 'Adi bin Hatim, who had been a Christian before tongue of His Messenger (peace be on him).
accepting Islam, once came to the Prophet (peace be on him). The jurists' task does not go beyond explaining what Allah has
When he heard him reciting the above ayah he said, "O decreed to be halal or haram "when He has explained to you in
Messenger of Allah, but they do not worship them." detail what He has made haram for you." (6:119) It is definitely
The Prophet (peace be on him) replied, Yes, but they prohibit not their task
to the people what is halal and permit them to decide what is to be allowed and what is to be prohibited to
what is haram, and the people obey them. This is indeed their
human beings. Thus the great jurists, in spite of their
worship of them. (Reported and classified as hasan by al-
scholarship
Tirmidhi
and others.) Christians still claim that Jesus (peace be on him), and ability of ijtihad (deduction from analogy), shied away
before ascending from pronouncing judgements concerning matters of halal and
to heaven, vested in His apostles the authority to declare things haram, passing the problem from one to the other out of fear of
permissible or prohibited as they saw fit, as reported in committing the error of declaring halal what is actually haram
Matthew and vice-versa.
18:18: I tell you this: whatever you forbid on earth shall be
In his book Al-Umm, Imam Shafi'i narrated that Abu Yusuf, a
forbidden in heaven, and whatever you allow on earth shall be
companion of Abu Hanifah and a chief judge (qadi), said: I
allowed in heaven. The Qur'an also took the pto task for
know that our knowledgeable teachers avoided saying, 'This is
legislating and prohibiting
halal and that is haram,' apart from what they found clearly
things without any authority from Allah: Do you see what
stated without requiring an interpretation in the Book of Allah.
Allah has sent down to you for sustenance and yet you have
We have been told by Ibn al-Saib that al-Rabi' bin Khaytham,
made some part of it halal and some part haram?(10:59)
one of the greatest of the second generation Muslims, said,
And do not say, concerning the falsehood which your tongues
'Beware that none of you says,
utter, 'This is halal and that is haram,' in order to fabricate a lie
against Allah; assuredly those who fabricate a lie against Allah

14
"Allah has made this lawful or approves of it," and that Allah Similar reports are narrated concerning Malik, Abu Hanifah,
may then say that He did not make it lawful nor approve it, or and all the other imams (may Allah be pleased with them).
that you say, "Allah has prohibited this," and that Allah may (This is a lesson to the followers of such imams who freely use
then say, "You lie! I did not prohibit it nor disapprove of it." the word "haram' without having a proof, or even a semblance
Some companions of Ibrahim alNakh'i, a great jurist of Kufah of proof.)
among the second generation Muslims, have told us of his 2. Prohibiting the Halal and Permitting the Haram Is
mentioning his colleagues as saying, when they gave a Similar to Committing Shirk
judgement concerning something, 'It is disapproved' or 'There While Islam reprimands all those who, on their own authority,
is no harm in it,' rather than, 'It is haram' or 'It is halal,' as declare what is lawful and what is prohibited, it is more strict
haram and halal are terms of much greater import. with respect to those who voice prohibitions; for the tendency
to set up prohibitions results in hardship for human beings,
(AI-Umm, vol. 7, p. 317.) This is what Abu Yusuf has reported unjustifiably narrowing what Allah has made spacious for His
concerning our righteous creatures.
forebearers and what al-Shafi'i has quoted from him, in Moreover, this tendency is prevalent among some of those who
agreement go
with his position. Similarly, Ibn Muflih reported the great to extremes in matters of religion and must be checked. The
scholar Ibn Taymiyyah, as saying that the jurists of the early Prophet (peace be on him) fought against this pseudo-pietism
days of Islam did not term anything haram unless it was and zealotry by every means, warning those who indulged in it
definitely known to be so. with the words, "The zealots will perish," repeated three times.
(This is further supported by the fact that the companions did (Reported by Muslim, Ahmad, and Abu Daoud.) The Prophet
not give up the drinking of alcohol after the revelation of the (peace be on him) characterized his Message by saying, "I have
Qur'anic verse, "They ask thee concerning wine and gambling. been sent with what is straight and easy".
Say: In them is great sin and some benefit," (2:219) since this (Reported by Ahmad) The straightness of his Message consists
verse did not definitely prohibit drinking prior to the revelation of belief in tawheed (the unity of Allah) and its ease in practice
of the verses in Surah al-Maida. (5:93-94 (90-91 In the same and legislation, in contrast to shirk (Ascribing partners, or
spirit, the great imam Ahmad ibn Hanbal, when asked about associating others, with Allah. (Trans. and to the prohibiting of
some matter, would say, "I disapprove of it" or "It does not good things of this life. The Prophet (peace be on him) has
appeal to me," or "I do not like it" or "I do not prefer it." mentioned all this in a hadith qudsi (A hadith in which the

15
Prophet (peace be on him) refers a saying to Allah, the Prophet Saibah referred to a male or female camel which was released
himself being merely the narrator. Unlike the Qur'an, one to roam freely because of a vow, usually made following a safe
cannot say of a hadith quasi that "Allah said it." In the case of a return from a journey, the cure of an illness, or for some other
hadith quasi, the meaning is from Allah but the words are the reason. As for wasilah, if the firstborn of a female goat were a
Prophet's, transmitted to him either through a vision or male, the polytheists would sacrifice him to their gods, while if
revelation. it were a female they would keep her for themselves. In the
(Trans., reporting the saying of Allah Ta'ala: They prohibited case of twin offspring, one female and the other male, they
to people what I had made lawful for I created people upright would say, "He is her brother," and instead of sacrificing the
(hunafah). Then the evil ones came to them and led them astray male they would release him to roam free; he was known as
from their religion them and commanded them to associate wasilah.
with Me that for which I had not sent down any authority.
And if a male camel's second generation offspring was capable
(Reported by Muslim.)
of carrying a rider, they would let the older camel go free,
Prohibiting something which is halal is similar to committing
saying, "He saved his back," and calling him al-ham. While
shirk, and this is why the Qur'an censures the idolaters of
there are other interpretations of these four terms, they are
Arabia for their polytheism, their idols, and for prohibiting to
themselves, without any authority from Allah, the eating and all of a similar nature.
the use of certain kinds of produce and cattle. Among these The Qur'an rejected these prohibitions and left no excuse for
prohibited animals were those which were called bahirah, those who practiced them to follow the errors of their
saibah, wasilah, and ham during the pre-Islamic period of forefathers: Allah did not institute bahirah or saibah or wasilah
jahiliyyah. (The state of mind and conditions of life prior to the or ham; but those who disbelieve forge a lie against Allah, and
advent of Islam, characterized by deviation from the guidance most of them donot use their reason. When it is said to them,
of Allah and the adoption of ungodly systems and ways of life. 'Come to what Allah has revealed and to the Messenger,' they
(Trans. Bahirah (the slit-eared) denoted a female camel which say, 'What we found our fathers doing is enough for us.' What!
had given birth to five calves, the last of which was a male. And even though their fathers did not know anything and were
not rightly guided? (5:103-104) In Surah al-An'am, there is a
The ear of such a camel was slit and she was loosed to roam
detailed discussion of what such people claimed to be haram of
freely; she was not to be ridden, milked, or slaughtered, and
camels, oxen, sheep, and goats.
was free to eat anddrink from any place she liked without
In this context the Qur'an uses an ironic style of rhetorical
hindrance.
questioning to convince them of their error: Eight pairs (of

16
cattle), two of sheep and two of goats. Say: Has He forbidden You who believe! Do not make haram the good things which
the two males or the two females or that which the wombs of Allah has made halal for you, and do not transgress; indeed,
the two hold? Allah does not like the transgressors. And eat of what Allah has
Inform me with knowledge if you are truthful. And two (pairs) provided for you, lawful and good, and fear Allah, in Whom
of camels and two of oxen. Say: Has Heforbidden the two you are believers. (5:87-88)
males or the two females? (6:143-144) In another discussion
contained in Surah al-A'raf, Allah Subhanahu wa Ta'ala rejects 4. The Prohibition of Things Is Due to Their Impurity and
the claims of all prohibitors, laying down the final criteria Harmfulness
governing prohibitions:
It is the right of Allah, the One Who created human beings and
Say: Who has forbidden the adornment of Allah which He has
bestowed innumerable gifts on them, to legalize or prohibit as
brought forth for His servants, and the good things of His
He deems proper, and to place obligations and responsibilities
providing?...Say: What my Lord has indeed prohibited are
upon them as He sees fit.
shameful deeds, whether open or secret, and sin and rebellion
As His creatures, they have neither the right to
without just cause, and that you associate with Allah that for
question nor to disobey Him. But Allah Subhanahu wa Ta'ala is
which He has sent down no authority, and that you say
not
concerning Allah that about which you do not know. (7:32-33)
arbitrary in what He commands. Because He is merciful to His
A significant aspect of these discussions is that they were
servants, He makes things halal and haram for a reason, with
revealed in Makkah. The Makkan revelations invariably dealt
peoples' well-being in view.
with matters of faith, the oneness of Allah Ta'ala, and the
Accordingly, He has neither permitted anything except what is
Hereafter. We may therefore deduce that, in the sight of Allah,
pure nor has He prohibited anything except what is impure. It
this matter of declaring things to be prohibited without any
is true that Allah Ta'ala had prohibited certain good things to
authority from Him was not a minor matter but one which
the Jews, but this was only as a punishment for their
pertained to the fundamentals and general principles of the
rebelliousness and transgression of the limits set by Allah.
faith. In Madinah certain Muslims showed a tendency toward
asceticism, denying themselves some permissible pleasures.
Thus He says: And to the Jews We forbade every animal with
Then, in order to keep them within the limits set by Himself
claws, and of cattle and sheep We have forbidden them their
and bring them back to the straight path of Islam, Allah
fat, except what is carried on their backs or entrails, or what is
revealed the following strongly-worded verses:
connected to the bone; thus did We recompense them for their
rebelliousness, and indeed, We speak the truth. (6:146)

17
Elsewhere in the Qur'an Allah has described other good deeds, which compensate for evil ones; spending in
manifestations of this rebellious attitude: charity, which extinguishes fire; and trials and sufferings,
Because of the wrongdoing of the Jews, We prohibited to which disperse sins as the winter wind disperses dry leaves.
thesome of the good things which had been permitted to them,
and because of their hindering many from the path of Allah, Accordingly, we know that in Islam things are prohibited only
and their taking usury although they had been forbidden to do because they are impure or
it, and their wrongfully devouring peoples wealth... (4:160- harmful. If something is entirely harmful it is haram, and if it is
161) When Allah sent His final Messenger (peace be on him) entirely beneficial it is halal; if the harm of it outweighs its
with the eternal complete religion to humanity after it had benefit it is haram, while if its benefit outweighs its harm it is
developed to a state of maturity, He demonstrated His mercy halal.
by removing these prohibitions, which had been a temporary This principle is explained in the Qur'an in relation to wine and
penalty for a rebellious, stiff-necked people. gambling: They ask thee concerning wine and gambling. Say
(See, for example, Exodus 32:9. (Trans. And the coming of the (O Prophet): In them is great sin and some benefit for human
Prophet (peace be on him) who would relieve them of this beings, but the sin is greater than the benefit.... (2:219) By the
burden was foretold to the Jews and Christians, who, as the same logic, if it is asked, what is halal in Islam, the answer is,
Qur'an states: ...they find described in their own scriptures, in the good things. Good things are those which moderate people
the Taurat and the Injeel. acknowledge to be wholesome and which are approved by
He commands them what is right and forbids them what is evil; human beings in general without relation to the habits of a
He makes lawful to them what is good and makes unlawful particular group. Allah Ta'ala says: They ask thee what is
what is foul; He releases them from their burdens and from the lawful to them (as food). Say: Whatever is good is lawful to
yokes which were upon them... (7:157) (Taurat refers to the you.... (5:4) He also says: Today whatever is good is made
original scripture revealed to the Prophet Moses by God, and lawful to you....(5:5) The Muslim is not required to know
Injeel to what He revealed to the Prophet Jesus. exactly what is unclean or harmful in what Allah has
prohibited; it may be hidden from him but be apparent to
These are not to be confused either with the existing Torah or someone else, or its harm may not have been discovered during
Old Testament, or the four Gospels of the New Testament. his lifetime but may be understood at a later period.
(Trans. In Islam, ways other than prohibiting the good things What is required of a Muslim is simply to say, "We have heard
were prescribed by Allah Ta'ala for the eradication of sins: and we shall obey." Do we not observe that Allah prohibited
sincere repentance' which cleanses sins as water cleanses dirt; the eating of pork without the Muslims being aware of the

18
reason for its prohibition apart from the fact that the pig is a one who puts things aright. And if Allah had willed, He could
filthy animal? Centuries passed, and then scientific research have put you into difficulties; indeed, Allah is Mighty, Wise.
discovered the presence of parasites and deadly bacteria in its (2:220)
flesh.
Yet even if scientific research had discovered nothing in pork, 5. What is Halal Is Sufficient, While What is Haram Is
or if it had discovered much more than this, the Muslim would Superfluous
still continue to believe it to be unclean. Another example of
One of the beauties of Islam is that it has prohibited only such
this is in the Prophet's saying: "Avoid three abominable acts
things as are unnecessary and dispersible, while providing
(that is, the one who does them is cursed by Allah and by the
alternatives which are better and which give greater ease and
people): defecating in streams, defecating on roadways, and
comfort to human beings.
defecating in shaded places." (Reported by Abu Daoud, Ibn
Majah and al-Hakim, and classified as sahih by Baihaqi.) This point has been explained by Ibn al-Qayyim: Allah has
prohibited seeking omens by drawing lots but has provided the
People of earlier times merely knew that these were filthy acts,
alternative of istikhara (Islam teaches that if the Muslim faces a
abhorrent to civilized taste and public manners. With the
problem he should consult with others and seek
advancement of science, we now know that these "three
guidance of Allah. The meaning of istikhara is to ask guidance
abominable acts" are hazards to public health, as they are the
from Allah in making a choice between two conflicting
root cause of the spread of such dangerous diseases as
decisions. For this there is a salat and a du'a (supplication).)
hookworm (ankylostoma) and bilharzia (schistosomiasis).
which is a supplication for seeking Allah's guidance. He has
prohibited usury but has encouraged profitable trade. He has
Thus, as the light of knowledge penetrates more deeply and
prohibited gambling but has permitted betting on forms of
new discoveries are made, the beneficial aspects of the Islamic
competition which are useful for their (the Muslims)
legislation relating to the lawful and the prohibited -in fact, the
religiousstriving, such as horse or camel racing and competing
benefits of all its legal injunctions -become apparent to us.
in marksmanship.
How could it be otherwise when they come from the Wise, All-
He has prohibited (to men) the wearing of silk but has given
Knowing, and Merciful God? ...and Allah knows the mischief-
them the choice of other materials such as wool, linen, and
monger from the one who puts things aright. And if Allah had
cotton. He has prohibited adultery, fornication, and
willed, He could have put you into difficulties; indeed, Allah is
homosexuality but has encouraged lawful marriage. He has
Mighty, Wise...and Allah knows the mischief-monger from the
prohibited intoxicating drinks in order that they may enjoy

19
other delicious drinks which are wholesome for the body and whatever is conducive to or leads toward the haram is itself
mind. And He has prohibited unclean food but provides haram.
alternative wholesome food. (Rawdah al-Muhibbeen, p. 10,
A similar principle is that the sin of the haram is not limited
and A'alam al-Muwaqq'in, vol. 2, p.111.)
only to the person who engages in it but extends to others who
Thus, when we survey the Islamic injunctions in their totality,
have supported him in this, materially or morally; each is held
we find that if Allah limits the choice of His servants in
accountable according to his share. For example, in the case of
relation to some things, He provides them with a still wider
intoxicating drinks, the Prophet (peace be on him) cursed not
range of more wholesome alternatives in relation to other
only the one who drinks them but also the one who produces
things of a similar kind.
them, the one who serves them, the one to whom they are
For assuredly Allah has no desire to make peoples' lives
served, the one to whom the price of them is paid, etc.
difficult, narrow, and circumscribed; on the contrary; He
This point will be discussed again later. Again, in the matter of
desires ease, goodness, guidance, and mercy for them,
usury, the Prophet (peace be on him) cursed the one who pays
according to His saying: Allah desires to make clear to you and
it, the one to whom it is paid, the one who writes the contract,
to guide you to the ways of
and the one who acts as a witness
the (righteous) people before you and to turn to you in mercy;
thereto. Accordingly, we derive the rule that anything which
and Allah is Knowing, Wise. And Allah desires to lighten your
assists in the doing of what is haram is itself haram, and
burden, for man was created weak. (4:26-28)
anyone who helps another person to do it shares in the sin of it.
6. Whatever Is Conducive to the Haram Is Itself Haram
7. Falsely Representing the Haram as Halal Is Prohibited
Another Islamic principle is that if something is prohibited,
anything which leads to it is likewise prohibited. By this means
Just as Islam has prohibited whatever leads toward the haram,
Islam intends to block all avenues leading to what is haram.
it has also prohibited resorting to technical legalities in order to
For example, as Islam has prohibited sex outside marriage, it
do what is haram by devious means and excuses inspired by
has also prohibited anything which leads to it or makes it
Satan. It has reprimanded the Jews for resorting to such
attractive, such as seductive clothing, private meetings and
practices. The Prophet (peace be on him) said: "Do not do what
casual mixing between men and women, the depiction of
the Jews did in order to (technically) legalize Allah's
nudity, pornographic literature, obscene songs, and so on.
prohibitions by flimsy excuses.'' (This hadith is in Ighathat al-
Accordingly, Muslim jurists have established the criterion that
Lahfan by Ibn al-Qayyim, vol. 1, p. 308. The author says:"This

20
was reported by 'Abdullah bin Battah on good authority, and intentions. The Prophet (peace be on him) said, "Actions will
al-Tirmidhi classifies a similar hadith as sahih.") be judged by intentions, and everyone will be recompensed
This is a reference to the fact that Allah had prohibited the according to what he intended." (Reported by al-Bukhari.)
Jews to hunt on the Sabbath (Saturday). To get around this Indeed, in Islam the routine matters of life and its mundane
prohibition, they would dig ditches on Friday so that the fish affairs are transformed into acts of worship and devotion to
would fall into them on Saturday, to be caught on Sunday. Allah by good intentions.
Those who resort to rationalizations and excuses to justify their Accordingly, if one eats food with the intention of sustaining
actions consider such practices to be permissible, but the jurists life and strengthening his body in order that he may be able to
of Islam consider them haram, since Allah's purpose was to carry out his obligations to his Creator and to other human
prevent them from hunting on the Sabbath, whether by direct beings, his eating and drinking are considered worship and
or indirect means. devotion to Allah Ta'ala. Again, if one enjoys sexual intimacy
Calling a haram thing by a name other than its own or with his wife, desiring a child and seeking to keep himself and
changing its form while retaining its essence is a devious tactic, his wife chaste, it is considered an act of worship on his part,
since obviously a change of name or of form is of no deserving of reward in the
consequence as long as the Hereafter. Concerning this the Prophet (peace be on him) said:
thing and its essence remain unchanged. Thus, when some When you satisfy your desire with your wife, it is counted for
people invent new terms in order to deal in usury or to you as an act deserving of reward. Those who were listening to
consume alcohol, the sin of dealing in usury and drinking him said:
remains. As we read in the collections of ahadith, A group of Messenger of Allah, how can it be that one of us satisfies his
people will make peoples' intoxication halal by giving it other desire and will then be rewarded for it? The Prophet (peace be
names. (Reported by Ahmad.) on him) replied: Would he not be sinful if he had satisfied it in
A time will come when people will devour usury, calling it a prohibited manner? Consequently, if he satisfies it in a
"trade." (Reported by al-Bukhari and Muslim ) And among the permissible manner, there is a reward for him. (Reported by al-
strange phenomena of our time is that people term obscene Bukhari and Muslim. )
dance "art," liquor "spirits," and usury "interest." He also said: Anyone who desires what is permissible from the
world, keeping himself away from sins, working for the sake of
8. Good Intentions Do Not Make the Haram Acceptable his family, and taking care of his neighbor, will meet his Lord
In all its legislations and moral injunctions, Islam lays great with a face shining like the full moon. (The text of the hadith
stress on nobility of feelings, loftiness of aims, and purity of was narrated by al-Tabarani. )

21
 In this manner, whenever any permissible action of the sky (and saying), 'O Lord! O Lord!' while eating what was
believer is accompanied by a good intention, his action haram, drinking what was haram, wearing what was haram,
becomes an act of worship. But the case of the haram is and nourishing himself through haram means.
entirely different; it remains haram no matter how good the
How then could his prayers be accepted? (Reported by Muslim
intention, how honorable the purpose, or how lofty the aim
and al-Tirmidhi on the authority of Abu Hurairah.) He also
may be. Islam can never consent to employing a haram means
said: If anyone amasses wealth through haram means and then
to achieve a praiseworthy end.
gives charity from it, there is no regard for him and the burden
Indeed, it insists that not only the aim be honorable but also
of sin remains. (Reported by Ibn Khazimah, Ibn Hibban, and
that the means chosen to attain it be pure. "The end justifies the
al-Hakim on the authority of Abu Hurairah) Again he said: If a
means" is not the maxim of the Shari'ah, nor is "Secure your
person earns property through haram means and then gives
right even through wrong-doing." This can never be, for the
charity, it will not be accepted (by Allah); if he spends it there
Shari'ah demands that the right should be secured through just
will
means only. If someone accumulates wealth through usury,
forgery, gambling, be no blessing on it; and if he leaves it behind (at his death) it
prohibited games, or in any other haram manner in order to will be his provision in the Fire. Indeed, Allah Ta'ala does not
build a mosque, establish a charitable foundation, or to do any obliterate one bad deed by another bad deed, but He cancels
other good work, the guilt of having done what is haram will out a bad deed by a good deed. An unclean thing does not wipe
not be lifted from hbecause of the goodness of his objective; in away another unclean thing. (Reported by Ahmad and others
Islam good aims and intentions have no effect in lessening the on the authority of Ibn Mas'ood.)
sinfulness of what is haram. This is what the Prophet (peace be
on him) taught us when he said: 9. Doubtful Things Are To Be Avoided
Allah is good and does not accept anytbut good, and Allah has It is Allah's mercy to human beings that He did not leave them
commanded the Believers, as He commanded His messengers, in ignorance concerning what is lawful and what is prohibited.
saying 'O you messengers! Eat of whatever is good and work Indeed, He has made explicit what is halal and explained what
righteousness. Indeed, I am aware of what you do.' (The Qur'an is haram, as He says: ...He has explained to you what He has
35:31.) He also said, 'O you who believe! Eat of the good made haram for you.... (6:119) Accordingly, one may do what
things which We provide for you. (2:172.) The Prophet (peace is lawful and must avoid what is prohibited insofar as he has
be on him) then said, A man travels far, unkempt and dust- the choice. However, there is a gray area between the clearly
stained (for hajj, umrah, or the like), raising his hands to the halal and the clearly haram.

22
This is the area of what is doubtful. Some people may not be Arab but permitted to an Arab, nor anything which is restricted
able to decide whether a particular matter is permissible or to a Black but allowed to a White. For in Islam there are no
forbidden; such confusion may be due either to doubtful privileged classes or individuals who, in the name of religion,
evidence or because of doubt concerning the applicability of can do whatever they please according to their whims.
the text to the particular circumstance or matter in question. In Muslims do not have any privilege of making something haram
relation to such matters, Islam considers it an act of piety for for others while it is lawful for themselves; this cannot be, for
the Muslim to avoid doing what is doubtful in order to stay truly Allah is the Lord of all, and the Shari'ah of Islam is the
clear of doing something haram. guide for all. Whatever Allah has legislated through His
This is similar to what was discussed earlier concerning the Shari'ah is lawful for all human beings and whatever He has
blocking of the avenues which lead to what is haram. Such a prohibited is prohibited to all human beings until the Day of
cautious approach, moreover, trains the Muslim to be Resurrection. As an example, stealing is equally haram for the
farsighted in planning and increases his knowledge of affairs Muslim and the
and people. The root of this principle is the saying of the non-Muslim; the punishment for it is the same, regardless of
Prophet (peace be on him): The halal is clear and the haram is the family or the origin of the thief. The Prophet (peace be on
clear. Between the two there are doubtful matters concerning him) firmly enforced this rule, proclaiming, "By Allah, if
which people do not know whether they are halal or haram. Fatimah, the daughter of Muhammad, were to steal, I would
One who avoids them in order to safeguard his religion and his have her hand cut off." (Reported by al-Bukhari.) A case of
honor is safe, while if someone engages in a part of them he theft was brought before the Prophet (peace be on him)
may be doing something haram, like one who grazes his involving two suspects, the one a Jew and the other a Muslim.
animals near the hima (the grounds reserved for animals Some relatives of the Muslim advanced circumstantial
belonging to the King which are out of bounds for others' evidence to cast doubt on the Jew in order to save their man
animals); it is thus quite likely that some of his animals will while he was, in fact, guilty.
stray into it. Truly, every king has a hima, and the hima of The Prophet (peace be on him) was almost persuaded to
Allah is what He has prohibited. (Reported by al-Bukhari' believe that the Muslim was innocent. Then a revelation was
Muslim, and others; the narration is taken from al Tirmidhi.) sent down exposing the conspiracy, clearing the Jew of the
crime and directing the Prophet (peace be on him) to establish
10. The Haram Is Prohibited to Everyone Alike justice without any bias: Indeed, We have sent down to thee the
In the Shari'ah of Islam the haram has universal applicability; Book with the truth, so that thou mightest judge between the
here there is no such thing as that which is prohibited to a non- people as shown by Allah; then do not be an advocate for the

23
treacherous, and seek forgiveness of Allah; indeed, Allah is neither religion nor a divinely revealed scripture.)
Forgiving, Merciful. And do not plead on behalf of those who They have unquestionably uttered falsehood in what they have
deceive themselves; indeed, Allah does not like the one who is ascribed to Allah, for the law of Allah does not discriminate
treacherous and sinful. between one people and another, and insofar as cheating is
They may hide from men, but they cannot hide from Allah, for concerned, Allah has condemned it through the tongue of all
He is with them even when they hold, by night, discourse not His messengers and prophets. With due apologies, we may say
pleasing to Him, and Allah encompasses what they do. Ah! that this tendency to use a double standard, one for one's
You are the ones who pleaded for them in the life of this world, "brother" and another for a "foreigner" or outsider, is a
but who will plead for them with Allah on the Day of characteristic of primitive ethics. It can never be ascribed to a
Resurrection, or who will be their guardian? (4:105-109) In the divinely revealed religion, for high morality -that is, true
distorted scripture of the Jews, it is alleged that while usury morality -is distinguishable by its universality and
or interest is prohibited to the Jew when lending money to a comprehensiveness and by its lack of a double standard. The
brother Jew, there is no harm in charging it to a gentile, as distinction between us and primitive peoples is not in the
stated in Deuteronomy 23:19-20: You must not lend on interest existence or absence of a moral code but in the enlargement of
(usury) to your brother, whether the loan be of money or food the area of its application. As an example, such people also
or anything else that may earn interest. You may demand consider honesty as a praiseworthy quality, but they restrict its
interest on a loan of a foreigner, but you must not demand practice to the people of their own tribe. When dealing with
interest from your brother, so that Yahweh your God may bless people from outside their tribe or clan, they see nothing wrong
you in all your giving in the land you are to enter and make with cheating them, or in fact recommending or even requiring
your own. The Qur'an also speaks about another similar it. The author of The Story of Civilization writes, Almost all
tendency among the Jews, that of cheating others who are not groups agree in holding other groups to be infer to themselves.
of their race or faith without feeling anything wrong in it.
The American Indians looked upon themselves as the chosen
The Qur'an says: And among the People of the Book is he people, specially created by the Great Spirit as an uplifting
who, if entrusted with a single gold coin, would not return it to example for mankind. One Indian tribe called itself 'The Only
thee unless thou constantly stood over him. This is because Men;' another called itself 'Men of Men;' the Caribs said, 'We
they say: We have no duty toward the gentiles, but they utter a alone are people.'
falsehood concerning Allah, and they know it. (3:75) The Eskimos believed that the Europeans had come to
(Gentiles" here refers to the Arabs, who before Islam possessed Greenland to learn manners and virtues. Consequently, it

24
seldom occurred to primitive man to extend to other tribes the similar verse of the Qur'an, Islamic jurists formulated an
moral restraints which he acknowledged in dealing with his important principle, namely, that "necessity removes
own; he frankly conceived it to be the function of morals to restrictions."
give strength and coherence to his group against other groups.
However, it is to be noted that the individual experiencing the
Commandments and taboos applied only to the people of his
necessity is permitted to eat the haram food with the stipulation
tribe; with others, except when they were his guests, he might
that he is "neither craving it nor transgressing." This is
go as far as he dared (Will Durant, The Story of Civilization,
interpreted to mean that he should not desire to relish it nor
Simon and Schuster, New York, 1935, vol. l, pp. 5455.).
transgress by eating more than the bare amount needed to
11. Necessity Dictates Exceptions satisfy his hunger. From this stipulation, jurists have derived
another principle, that "The quantity permitted is determined
While Islam has narrowed the range of what is prohibited, it is,
by the (magnitude) of the necessity." Here the underlying idea
at the same time, very strict in seeing that its prohibitions are
is that, even though compelled by necessity, a person need not
observed. Accordingly, it has blocked the ways, apparent or
surrender to it or embrace it with eagerness; rather he must live
hidden, leading to what is prohibited. Thus, what is conducive
with what is essentially halal and seek a way to return to it so
to the haram is itself haram, what assists in committing the
that he may not become accustomed to the haram or begin
haram is haram, any rationalization for engaging in the haram
enjoying it under the pretext of necessity. In permitting the use
is haram, and so on, to the last of the principles which we have
of the haram under necessity, Islam is true to its spirit and
elucidated.
general principles.
At the same time, Islam is not oblivious to the exigencies of
This spirit, which we find permeating its laws, is to make life
life, to their magnitude, nor to human weakness and capacity to
easy and less oppressive for human beings, and to lift the
face them. It permits the Muslim, under the compulsion of
burdens and yokes imposed by earlier systems and religions.
necessity to eat a prohibited food in quantities sufficient to
True is the saying of Allah, the Almighty: ...Allah desires ease
remove the necessity and save himself from death. In this
for you, and He does not desire hardship for you.... (2:185) ...It
context, after listing the prohibited foods in the form of dead
is not Allah's desire to place a burden upon you, but He desires
animals, blood, and pork, Allah Ta'ala says: ...But if one is
to purify you and to perfect His favor on you in order that you
compelled by necessity, neither craving (it) nor transgressing,
may be thankful. (5:6) Allah desires to lighten your burden, for
there is no sin on him; indeed, Allah is Forgiving, Merciful.
man was created weak. (4:28)
(2:173) And this is repeated at four places in the Qur'an after
each mention of the prohibited foods. On the basis of these and

25
Chapter 2: The Halal And The Haram In The Private Life of -Animals Slaughtered for Churches and Christian Festivals
Muslim -Animals Slaughtered By Electric Shock and Other Methods
-The Meat of Zoroastrians and Others Like Them
1. Food and Drink
-A Rule. What We Do Not See Should Not Be Probed Into
The Attitude of the Brahmins Toward Slaughtering Animals
Hunting
and Eating Meat Animals Prohibited to the Jews and Christians
Conditions Pertaining to the Hunter
Conditions Pertaining to the Game
The Attitude of the Pre-Islamic Arabs
Conditions Pertaining to the Instrument
Islam Permits What Is Wholesome
Hunting with Weapons
-The Prohibition of Eating What Is Dead and Its Wisdom
Hunting with Dogs and the Like
-The Prohibition of Flowing Blood
-Pork
When the Game is Found Dead Intoxicants
-That Which Is Dedicated to Anyone Other Than Allah
-All That Intoxicates Is Haram
-Types of Dead Animals
-Whatever Intoxicates in Large Amounts is Haram in Any
-Reasons for the Prohibition of the Foregoing Categories
Amount
-Animal Sacrifices
-Trading in Alcohol
-The Exemption of Sea Food and Locusts
-Alcohol Cannot Be Given as a Gift
-Making Use of the Skin, Bones, and Hair of the Animal
-Avoiding Drinking Parties
Necessity Dictates Exceptions
-Alcohol, Itself a Disease, Cannot Be a Medicine Drugs
Medical Necessity
-The Consumption of Harmful Things is HaramFood and
Necessity Does Not Exist if the Society Possesses Excess Food
Drink
Since ancient times, peoples have differed in their eating and
The Islamic Manner of Slaughtering
drinking habits and in relation to what is to be allowed and
-All Marine Animals Are Halal
avoided, especially with regard to food of animal origin.
-Prohibited Terrestrial Animals
Concerning food and drink of vegetable origin, the peoples of
-The Requirement of Slaughtering in the Islamic Manner
the earth have been close to a consensus. Islam does not
-The Conditions of Islamic Slaughtering
prohibit vegetable foods, with the exception of what is
-The Wisdom of the Islamic Manner of Slaughtering
fermented, whether it be grapes, dates, barley, or any other
-The Significance of Mentioning Allah's Name
substance, as long as it remains in the unfermented state;
-Animals Slaughtered by the People of the Book

26
similarly, Islam prohibits anything which intoxicates, affects saved from death and destruction; it will either become prey to
the functioning of the brain, or harms the body, as we shall see some other animal or will die in some other way, possibly in a
later. However, with regard to foods derived from animal much more painful manner than by a quick stroke of a sharp
sources peoples and nations have held widely varying attitudes. knife.
Animals Prohibited to the Jews and Christians
The Attitude of the Brahmins Toward Slaughtering
Animals and Eating Meat Among the people possessing a religion based on a divinely
revealed scripture, Allah prohibited to the Jews the eating of
The Brahmins and a group of philosophers, subsisting on
many
vegetarian
land and marine animals; for a description of these one may
food, only prohibit to themselves the killing and eating of
refer to the Old Testment book of Leviticus, chapter eleven.
animals.
The Qur'an mentions some of the things which Allah
They claim that the slaughtering of animals is a cruelty
prohibited to them, as we mentioned previously, to punish
inflicted by men on these creatures, who are living beings like
them for their transgressions and sins: And to the Jews We
themselves and that they must not deprive the animals of their
forbade every animal with claws, and of oxen and sheep We
right to live. However, when we ponder the creation, we realize
have forbidden them their fat, except what is carried on their
that these animals have not been created for their own sake,
backs or entrails or what is connected to the bone; thus did
because they have not been endowed with intellect or freedom
We recompense them for their rebelliousness, and indeed We
of choice; we also see that their natural position is such that
speak the truth. (6:146)
they have been subjected to the service of man. It is therefore
These prohibitions applied to the Jews, and it may be assumed
not to be doubted that man should benefit from their flesh after
that the Christians were also supposed to observe them since
slaughter just as he benefits from their service while they are
the Injeel declares that Jesus (peace be on him) did not come to
alive. Again, we realize that it is the law of Allah in His
abolish the Law of Moses but to fulfill it. However, the
creation that the lower order of species be sacrificed for the
Christians made permissible things which had been prohibited
benefit of the higher. Thus green plants are cut and fed to an
in the Torah, although not abrogated in the Injeel, or scripture
animal, the animal is
revealed to Jesus (peace be
laughtered to be food for man, and a man must also fight and
on him). The Christians followed the teachings of Paul, who
risk his life for the sake of the group. Moreover, even if a man
declared all foods and drinks permissible with the sole
refrains from slaughtering an animal, it will not thereby be
exception of the flesh of animals sacrificed to idols, (1 Cor.

27
8:4-10,10:19-29; Col. 2:1314,16,1 Tim. 4:4-5. (Trans since "to have provided for you, and be thankful to Allah if it is He alone
the pure everything is pure." (Rom. 14:14-17; Tit. 1:15. (Trans. whom you worship.
Accordingly, Christians permitted to themselves the eating of Indeed, what He has forbidden to you is the flesh of dead
pork, despite the fact that the text of the Torah prohibits it to animals and blood and the flesh of swine, and that which has
this day. been sacrificed to anyone other than Allah. But if one is
The Attitude of the Pre-Islamic Arabs compelled by necessity, neither craving (it) nor transgressing,
The pre-Islamic Arabs prohibited certain animals as being there is no sin on him; indeed, Allah is Forgiving, Merciful.
unclean, together with some other animals which were (2:172-173) In this particular message to the Believers, Allah
considered sacred and Subhanahu wa Ta'ala tells them to eat of the good things of His
dedicated to their gods; we have already mentioned bahirah, providing and to give thanks to Him for His favors. He then
saibah, wasilah, and ham, which fall into the latter category. In explains that no food is haram to them except the four kinds
contrast to this, they permitted many kinds of impure foods, mentioned in the ayah. The same four kinds, with some further
such as the flesh of dead animals and flowing blood. details, are mentioned at other places in the Qur'an: Say: I do
Islam Permits What Is Wholesome not find in what is revealed to me anything prohibited to an
This was the state of the world in relation to the eating of food eater in his food unless it be (the flesh of) that which is dead, or
at the advent of Islam. At one extreme every kind of meat was flowing blood, or the flesh of swine, for that is indeed foul, or
permitted and at the other all meat was prohibited. Then Allah the abomination which has been dedicated to anyone other than
addressed all human beings saying, O mankind! Eat of what is Allah. But if one is compelled by necessity, neither craving (it)
permissible and good on earth, and do not follow the footsteps nor transgressing, then, indeed, thy Lord is Forgiving,
of Satan; truly he is an open adversary to you. (2:168) Merciful. (6:145) And in even greater detail: Forbidden to you
are the flesh of dead animals and blood and the
Thus He speaks to all the people on this globe, calling on them
flesh of swine, and that which has been dedicated to any other
to eat of the good things which He has provided for them on
than Allah, and that which has been killed by strangling or by
this vast, outspread table, the Earth, and not to follow the ways
beating or by falling or by being gored, and that which has
of Satan, who has made it alluring to some people to prohibit
been (partly) eaten by a wild beast except that which you make
for themselves various wholesome things which Allah has
lawful by slaughtering (before its death), and that which has
made halal, thus leading them toward the pitfalls of self-
been sacrificed to idols.... (5:4 (5:3
destruction. Then Allah addressed the Believers in particular
There is no contradiction between this verse, which lists ten
saying, O you who believe! Eat of the good things that We
prohibited categories, and the previous verse which lists four,

28
since animals which are killed by strangulation, by a blow, by a slaughtering an animal or hunting it as game both require an
fall, by being gored, or which are partly eaten by wild animals intention followed by effort and subsequent action.
all belong in the category of dead animals. Similarly, what is c. If the animal died a natural death, it is quite likely that it
sacrificed to idols died of some acute or chronic disease, through eating a
falls into the category of that which is dedicated to anyone poisonous plant, or other similar causes; hence eating its flesh
other than Allah. Accordingly, the foods which are prohibited would probably be harmful. The same is the case when the
fall into four broad categories which may be reclassified into cause of death is old age or starvation. d. By prohibiting the
ten detailed categories, as follows: flesh of a dead animal to human beings, Allah in His Mercy
provides source of food to animals and birds, who, in
The Prohibition of Eating What Is Dead and Its Wisdom 1. the words of the Qur'an, constitute an ummah (nation) like
The first thing mentioned in these verses concerning prohibited themselves. The truth of this is demonstrated by the fact that
foods is the flesh of "dead animals," that is, the beast or fowl the carcasses of animals lying out in the open are devoured by
which dies of natural causes, without being slaughtered or birds and animals. e. This prohibition encourages the owner of
hunted by men.There are obvious reasons for this prohibition: an animal to guard it from disease and malnutrition lest it die
a. Eating the flesh of a dead animal is repugnant to civilized and be wasted. Accordingly, in the case of disease, he will be
taste and is considered by thinking people in all societies to be quick to seek a cure for it or will hasten to slaughter the animal.
contrary to human dignity. We also observe that all peoples
possessing a revealed scripture have prohibited it and that they The Prohibition of Flowing Blood
do not eat the flesh of an aunless it is slaughtered. However, 2. The second prohibition relates to flowing or liquid blood. (It
the methods of slaughter may vary. b. In whatever he does, the is not prohibited to eat the blood which remains in the flesh of
Muslim acts with a set purpose and; intention; he does not use the slaughtered animal after one has done his best to remove it.
a thing nor reap its benefit without directing his intention, aim, (Trans. Ibn Abbas was asked about the spleen and he replied,
and effort toward it. "You can eat it." The questioners said, "But it is blood." (In
The significance of slaughtering, which is a purposeful act, the early times the spleen was believed to be congealed blood.
intention of which is to take the life of the animal in order to (Trans. He answered, "Only flowing blood is prohibited to
use it as food, is to remove the slaughtered animal from the you." The reason for this prohibition is both that the drinking
category of "dead animals." Allah Subhanahu wa Ta'ala does of blood is repugnant to human decency and that it may
not desire that man should eat of what he did not intend or likewise be injurious to health.
think of eating, as is the case with the dead animal; conversely,

29
During the period of jahiliyyah, a person who felt hungry slaughtering an animal, the Arab polytheists would invoke the
might jab a bone or sharp object into the flesh of his animal, names of their idols, such as al-Lat or al-Uzza.
and collect and drink the flowing blood. It was concerning this Such a practice is a devotional act addressed to someone other
that the poet al'Ashi said: Never approach animals that are than Allah and is a form of worship in which His glorious
dead, Nor take a sharp bone to pierce the live one. Thus, since name is not mentioned. In this case the reason for the
piercing the flesh of a living animal injures and weakens it, prohibition is entirely related to faith: to safeguard the belief in
Allah Ta'ala prohibited such a practice. the Oneness of Allah, to purify worship, and to fight shirk and
Pork 3. The third prohibited food is pork, that is, the flesh of polytheism in whatever form they may be expressed. Indeed, it
swine. Since is Allah who created man and gave him control over everything
the pig relishes filth and offal, its meat is repugnant to persons on the
of decent taste; moreover, recent medical research has shown earth, subjecting the animal to his power and permitting him to
that eating swine-flesh is injurious to health in all climates, take its life for food on the condition that His name be
especially hot ones. Scientific research has also shown that pronounced at the time of slaughter. Pronouncing the name of
pork carries a deadly parasite (trichina), among others, and no Allah while slaughtering the animal is a declaration that one is
one can say what science may discover in the future which will taking the life of this creature by the permission of its Creator,
shed more light on the wisdom of this prohibition. while if one invokes any other name, he has forfeited this
Allah the Almighty spoke the truth in describing His permission and must be denied the use of its flesh.
Messenger, Muhammad (peace be on him), as the one who
"makes unlawful what is foul." (7:157) In addition to this, there Types of Dead Animals
are also some scholars who say that eating pork frequently The preceding are the four principal categories of prohibited
diminishes the human being's sense of shame in relation to animal foods. As revealed in the verse of Surh al-Maidah (5:4
what is indecent. (3, to these four are added five more categories which pertain
That Which Is Dedicated to Anyone Other Than Allah to further classifications of the "dead animal," as follows:
5. The strangled: an animal which has been strangled, for
4. The fourth prohibited category refers to an animal which is example, by a rope around its neck, or suffocated, as for
dedicated to anyone other than Allah, that is to say, one which instance by putting its head into something which produces
is slaughtered with the invocation of a name other than the suffocation.
name of Allah -for example, the name of an idol. When 6. The beaten: an animal which has been beaten to death by a
club or similar object.

30
7. The fallen: an animal which dies as a result of a fall from a One should not neglect it so that it can be strangled, fall from a
high place, or by falling into a gully or ravine. high place, or be gored in a fight with other animals, nor torture
8. The gored: an animal which dies as a result of being gored it by severe beating, possibly resulting in its death, as vicious
by the horns of another animal. herdsmen, particularly hired ones, sometimes do, even goading
9. That which has been (partly) eaten by wild beasts: an animal animals such as two bulls or sheep to fight each other until one
which has been partially devoured by wild animals and dies as wounds or gores the other to death.
a result. After naming these five categories, Allah makes an It is solely for this reason that Islamic jurists have prohibited
exception of "that which you make lawful by slaughtering," the eating of the flesh of an animal which has been gored to
meaning that if one comes upon such an animal while it is still death,
alive, slaughtering renders it halal as food. The correct even if it was wounded by the horns of the other and its blood
understanding of "still alive" is that some sign of life remains has flowed; this prohibition holds even if the blood flowed
in it. 'Ali ibn Abu Talib said, "If you can slaughter the beaten, from a wound in the usual site of slaughter, the throat.
the fallen or the gored animal while it (still) moves its hoof or According to my understanding, the purpose behind this is to
leg, you may eat it." penalize the owner of such animals who has left them
Commented al-Dahak, "The people of the time of jahiliyyah unattended to gore each other to death; he is not to be rewarded
used to eat them (dead animals); then Allah prohibited them in for this negligence by being permitted to make use of their
Islam, excepting what is slaughtered. If it is slaughtered while flesh for food. The reason for prohibiting the eating of animals
it (still) moves a leg, its tail, or an eye, it is halal (Some jurists partially devoured by wild beasts is to preserve human dignity;
have said that there must be life in it, the signs of which are the a Muslim is not to degrade himself by eating the leavings of
flow of blood and reflex movements) animals. The people of the period of jahiliyyah were in the
habit of eating what had been left by wild animals, wof sheep,
Reasons for the Prohibition of the Foregoing Categories camel or cow, but subsequently Allah prohibited this to the
We need not repeat the reasons stated in the preceding Believers.
discussion concerning dead animals, with the possible Animal Sacrifices
exception of the danger to health, which is not clear in such 10. The tenth caof prohibited animal food is that which has
cases. However, we wish to emphasize again the significance been sacrificed to idols. During the period of jahiliyyah, stone
of prohibitions 5 through 9 above. The All-Wise Law-Giver altars stood in front of the idols around the Ka'aba, and the
wants to teach people to be kind to the animal and to protect it polytheists would slaughter animals on or close to these altars
from harm.

31
in order to seek nearness to the deities to which the altars were the Prophet (peace be on him) once sent some of his
assigned. Companions on an expedition.
Such immolation is similar to "that which has been dedicated They found a dead whale by the sea and subsisted on it for
to anyone other than Allah," as both involve the glorification of more than twenty days. On their return to Madinah, they told
false deities. The difference is that in case of "that which has the Prophet (peace be on him) about this and he said, Eat the
been dedicated to anyone other than Allah," the slaughtering food which Allah has brought forth for you, and feed us from
did not take place in the vicinity of the idol and only its name it if you have any left. They then brought him some whale meat
was mentioned over the object of sacrifice, while in the latter and he ate it. (Reported by al-Bukhari.) By the same token,
case the immolation was done in front of the idol or on the altar locusts are exempted from the category of
assigned to it, and it was therefore "dead animals." The Prophet (peace be on him) gave
unnecessary to mention its name. Since these altars were in the permission to eat dead locusts, as the question of slaughtering
vicinity of the Ka'aba, it was possible to imagine that these them does not arise. Said Ibn Abu Awfa, "We went with the
sacrifices were meant to render homage to the Sacred House. Prophet (peace be on him) on seven expeditions, and we ate
The Qur'an, through an explicit declaration, removed this locusts with him." (Reported by all the authentic collections of
possibility from the minds of people, classifying this practice in ahadith excepting that of Ibn Majah.)
the same category as that which is dedicated to anyone other
than Allah. Making Use of the Skin, Bones, and Hair of the Animal
The Exemption of Sea Food and Locusts The prohibition concerning the dead animal is limited to the
eating of its flesh. One can -in fact, one should -make use of its
The Islamic Shari'ah has exempted fish, whales, and other sea skin, horns, bones and hair, for throwing them away is a waste,
creatures from the category of "dead animals." When the and waste is not permitted. Concerning this, Ibn 'Abbas
Prophet (peace be on him) was asked about the sea, he replied, narrated: The freed maid-servant of the Prophet's wife,
Its water is pure and its dead are halal. (Reported by Ahmad Maymunah, was given a sheep, and it died. The Prophet (peace
and other compilers of the Sunnah.) Says Allah Ta'ala: The be on him) passed by its carcass and said, 'Why did you not
game of the sea is permitted to you and so is its food.... (5:99 take its skin to be tanned and use it?' They replied, 'But it is
(96 and 'Umar explained, "Its game is what is caught from it deed.'
and its food is what is thrown out from it," while Ibn 'Abbas The Prophet (peace be on him) said, 'What is prohibited is
said, "Its food is its dead (animals)." In the two Sahihs of al- eating it.' (Reported in all the authentic collections of ahadith
Bukhari and Muslim, it is reported on the authority of Jabir that excepting that of Ibn Majah) The Prophet (peace be on him)

32
made it clear that the way to purify the skin of a dead animal is other than the prohibited food is available, some jurists holding
to tan it. He is reported to have said, "The tanning of the skin is the opinion that at least one day and one night should pass
its slaughtering," (Reported by Abu Daoud and al-Nisai) without food. In such a situation a person may eat as much will
meaning that just as slaughtering makes the eating of the flesh satisfy his hunger and thus save himself from death. Said Imam
of a sheep or cow halal, likewise tanning makes the use of the Malik, "The amount of it is what will alleviate his hunger, and
skin halal. he should not eat more than what will keep him alive." This,
He also said, "Tanning removes its impurity," (Reported by al- perhaps, is the meaning of Allah's words, "neither craving (it)
Hakim.) And "If the skin is tanned, it is purified." (Reported by nor transgressing," -that is, neither
Muslim and
desiring it nor eating more than necessary. That hunger can be
others.) The application of these latter ahadith is quite general,
a compelling need is expressly mentioned in the Qur'anic ayah:
including the skin of the dog or the pig. This was the opinion of
...but if one is compelled by hunger, without any inclination to
the jurists of the Zahiri school, of Abu Yusuf, the pupil of Abu
sin, then indeed Allah is Forgiving, Merciful. (5:4 (3
Hanifah, and of al-Shawkani. Sawdah, the wife of the Prophet
(peace be on him), said "One of our sheep died, so we tanned
Medical Necessity
its skin and used it as a waterskin, putting dates in it to sweeten
Concerning the question of whether some of the prohibited
the water. We used it until it wore out." (Reported by al-
food substances can be used as medicine, there is a difference
Bukhari and others.)
of opinion among jurists. Some do not consider medicine to
Necessity Dictates Exceptions
belong in the category of a compelling necessity like food, and
All the above-mentioned prohibitions apply in situations in
in support of their position they cite the hadith: "Assuredly
which one has a choice. However, in case of a necessity a
Allah did not provide a cure for you in what He has prohibited
different rule applies, as was discussed earlier. Allah Ta'ala
to you." (Reported by al-Bukhari on the authority of Ibn
says: ...He has explained to you what He has made haram for
Mas'ood.) Others consider the need for medicine equal to that
you, except that to which you are compelled... (6:119) And
of food, as both are necessary for preserving life.
after mentioning the prohibitions concerning the flesh of dead
In support of their position that prohibited food substances
animals, blood, and so, He says: ...but if one is compelled by
may be used as medicine, they argue that the Prophet (peace be
necessity, neither craving (it) nor transgressing, there is no sin
on him) allowed 'Abd al-Rahman bin 'Awf and al-Zubair bin
on him; indeed, Allah is Forgiving, Merciful. (2:172-173)
al-'Awwam to wear silk because they were suffering from
The consensus of the jurists is that necessity in this case scabies. (The text of this hadith is quoted in the subsection of
signifies the need for food to alleviate hunger when no food this book entitled "Clothing and Ornaments.")

33
Perhaps this latter view is closer to the spirit of Islam which, in single body supporting its members or like a fortified wall in
all its legislations and teachings, is concerned with the which each brick strengthensthe other.
preservation of human life. However, taking medicine
The concept of social solidarity is expressed very forcefully by
containing some of the haram substances is permissible only
the great jurist Imam Ibn Hazm, who said, The Muslim is not
under the following conditions:
in a state of necessity such that it becomes permissible for him
1. The patient's life is endangered if he does not take this
to eat the
medicine.
2. No alternative or substitute medication made from entirely flesh of dead animals or swine as long as someone else,
halal sources is available. whether a Muslim or a dhimmi, has excess food. It is
3. The medication is prescribed by a Muslim physician who is obligatory on the person having food to feed the one who is
knowledgeable as well as God-fearing. We may, however, add hungry, and that being the case, the hungry person is not
that on the basis of our own observations and the opinions of compelled to resort to the flesh of dead animals or swine. If the
expert physicians, we have arrived at the conclusion that there person having excess food denies it to him, he has a right to
hardly exists any medical necessity which requires ingesting fight for it. If he (the hungry person) is killed, the killer is
what is haram, as for example, taking medicine. Nevertheless, guilty of murder and consequently subject to qisas (retaliation),
we have stated this principle in case a Muslim happens to be in while if he kills the denier of food he has dispatched him to the
a place where he cannot find medications other than those curse of Allah, as he denied him his right and was one of the
which contain haram substances. rebellious.
Allah Ta'ala says: 'And if one of them transgresses against the
other, fight against the one who transgresses until he complies
Necessity Does Not Exist if the Society Possesses Excess
with the command of Allah.' (49:9) One who denies the rights
Food
of his brother is a rebel against Allah. That is why Abu Bakr al-
Consider a situation in which an individual does not have Siddiq fought against those who refused to pay zakat (while
enough to eat but other people, Muslims or dhimmis, professing to be Muslims). (Al-Muhalla by Ibn Hazm, vol. 6, p.
(Dhimmis: non-Muslims living under the protection of an 159.)
Islamic government. (Trans. in his community have excess The Islamic Manner of Slaughtering All Marine Animals
food. In such a case he does not fulfill the stipulation of being Are Halal
in a state of necessity and consequently haram foods do not Depending on their habitats, animals are of two kinds: either
becpermissible to him, for an Islamic community is like a marine or terrestrial. Marine animals, that is, those which live

34
in water and cannot survive outside it, are all halal. It does not some individuals may like them, people generally find
matter in what way they are obtained: whether they are taken detestable. As an instance of this, on the day of the
out of the water dead or alive, whole or in pieces, whether they confrontation of Khaibar, the Prophet (peace be on him)
are fish or marine animals, whether they are called sea dogs or forbade the eating of the flesh of domesticated donkeys.
sea hogs, or whether they are caught by a Muslim or a non- (Reported by al-Bukhari. Concerning this hadith, it is said that
Muslim. the
The Most Generous Lord has opened wide His bounty upon prohibition of eating donkeys was temporary and was due to an
His servants by permitting them to eat all marine animals, emergency, as donkeys were needed for riding. This is similar
without the requirement of bleeding; man has been left free to to a situation in which, due to a shortage of meat, a government
catch them in whatever manner he is able, avoiding any may prohibit the slaughtering of young animals so they may
unnecessary cruelty as far as possible. grow bigger or the hunting of deer in a particular season, etc.)
Reminding us of His favors, Allah Ta'ala says, And it is He Another example of the same thing is provided by a hadith
Who has subjected the sea (to you) in order that you may eat narrated by both al-Bukhari and Muslim, which states that the
fresh meat from it.... (16:14) The game of the sea is permitted Prophet (peace be on him) "forbade the eating of any wild
to you and so is its food, a provision for you and for travelers animals with a canine tooth and of any bird with talons." "Wild
by sea.... (5:99 (96 Praise be to Him for not having excluded animals" denotes those which prey on others and devour them
anything, for Thy Lord is not forgetful. (19:64) by tearing them apart, e.g., the lion, leopard, wolf, and the like;
birds with talons such as
Prohibited Terrestrial Animals the hawk, eagle, falcon, etc., do the same. According to Ibn
As far as terrestrial or land animals are concerned, Allah has 'Abbas, nothing is haram other than the four categories
prohibited only the eating of pork, the flesh of any animal mentioned in the Qur'an, while what the Prophet (peace be on
which dies of itself or is sacrificed to anyone other than Allah, him) forbade, such as beasts of prey, are to be regarded as
and the drinking of blood. These prohibitions are explicitly makruh (detestable) rather than reaching the degree of haram.
mentioned in the text of the Qur'an, comprising, as we have Said Ibn 'Abbas: The people of the time of jahiliyyah ate
seen, four major and ten minor categories. At the same time, certain foods and avoided others, according to their whim.
the Qur'an says concerning the Messenger of Allah (peace be Then Allah sent His Prophet (peace be on him) and revealed
on him): His Book, and He legislated what is permissible and what is
He...makes lawful to them what is good and makes unlawful prohibited.
what is foul.... (7:157) Foul things are those which, although

35
Accordingly, what He permitted is halal, what He prohibited is the sharp object is a stone or a piece of wood. 'Adi bin Hatim
haram, and that concerning which He is silent is allowed. Ibn narrated that he said to the Prophet (peace be on him), "O
'Abbas then recited, Say: I do not find in what is revealed to me Messenger of Allah, we go hunting and sometimes we do not
anything prohibited to an eater in his food. Say: I do not find in have a knife with us. We may find a sharp rock or a piece of
what is revealed to me anything prohibited to wood or a reed." The Prophet (peace be on him) said: "The
an eater in his food. Say: I do not find in what is revealed to me object is to make it bleed with whatever you have and mention
anything prohibited to an eater in his food. (6:145) (Reported the name of Allah over it.'' (Reported by Ahmad, Abu Daoud,
by Nisai, Ibn Majah, al-Hakim, and Ibn Hibban.) 2.
Abu Daoud as the saying of Ibn 'Abbas.) On the basis of this Theslaughtering is to be done by cutting the throat of the
ayah, Ibn 'Abbas argued that the flesh of domesticated donkeys animal or by piercing the hollow of the throat, causing its
is permissible. Imam Malik agrees with him on this matter, death. The best way is to cut the windpipe, the gullet, and the
considering beasts of prey makruh rather than haram. The two jugular veins.
jurists agree that cutting the throat of a prohibited animal does (Some jurists have cited further conditions, but we have
not render it halal. However, it then becomes permissible to use omitted them as we did not find explicit texts mentioning them.
its skin without tanning it. The slaughtering of animals is known instinctively to all
people, and to go into depth and detail concerning it does not
The Requirement of Slaughtering in the Islamic Manner accord with Islam, which keeps matters easy and simple. The
Land animals which are permissible as food are of two kinds. more details these jurists have attempted to list, the more
The first consists of those animals which are tame or confusion they have caused; for example, is it necessary to cut
domesticated, such as camels, cows, goats, poultry, and other all four parts -the windpipe, the gullet and the two jugular veins
fowl which are raised on a farm or in the house, while untamed -or only some of them?
and wild animals are of the second type. In order to render their Should the knife point downward or upward? Can the hand be
flesh halal, Islam requires that animals of the first category be raised before the slaughtering is completed or not? and so on,
slaughtered in the manner prescribed by Islam. without end, with each alternative answer to these questions
The Conditions of Islamic Slaughtering finding support among some jurists.)
According to the Shari'ah, the legal purification of the flesh of However, if it becomes impossible to slaughter the animal in
animals requires that the following conditions be met: 1. The the specified manner, this second condition is cancelled; for
animal should be slaughtered by a sharp object which is example, the animal may have fallen headlong into a well so
capable of making it bleed by severing blood vessels, even if

36
that its throat is inaccessible, or it may become wild and start words al-Rahman al-Raheem (the Compassionate, the
kicking and running. Merciful) do not follow Bismillah as they ordinarily do, since
slaughtering is not an act of mercy. (Trans. This is clear from
Such cases are treated in the manner of game animals and it is
Qur'anic texts and ahadith. Allah Ta'ala says:
sufficient to wound the animal at any place to make it bleed.
Then eat of that over which the name of Allah has been
On the authority of Raf'i ibn Khadij, both al-Bukhari and
mentioned, if you believe in His signs. (6:118)
Muslim report the former as narrating: We were on a journey
And do not eat of that over which the name of Allah has not
with the Prophet (peace be on him) when one
been
of the camels bolted away. As the people did not have a horse,
mentioned, for truly that is impiety.... (6:121) And the
a
Messenger of Allah (peace be on him) said: If the blood is
man shot an arrow which struck the camel and wounded it. The
drained (from the animal) and the name of Allah has been
Prop(peace be on him) said, 'Some of these animals are like
mentioned over it, you may eat of it. (Reported by al-Bukhari
wild
and others.) This condition is further supported by other sound
beasts. If any of them behaves like this, treat it in this fashion.'
ahadith which state that Allah's name must be pronounced
(Reported by al-Bukhari and Muslim.) 3. No name other than
while hunting just before an arrow is shot or a hunting dog is
Allah's should be mentioned over the animal
sent for the chase.
at the time of slaughter; concerning this condition there is a
This point will be discussed later in the section on hunting.
consensus among all the jurists. The people of the time of
Some scholars are of the opinion that although the name of
jahiliyyah sought to propitiate their deities and idols by
Allah must be mentioned, it is not necessary to mention it at
sacrificing animals to them, either by invoking their names
the time of slaughtering the animal; one can mention it at the
while slaughtering or by immolating them on altars specified
time of eating, since in that case it cannot be held that it was
for them. As mentioned previously, the Qur'an prohibited all
eaten without mentioning the name of Allah over it. In the
this in the words,
Sahih of al-Bukhari we find a hadith narrated by 'Aisha, who
Forbidden to you are...that which has been dedicated to anyone
said, Some people who had recently become Muslims said to
other than Allah...and that which has been sacrificed to idols.
the Prophet (peace be on him), 'People bring us meat and we do
(5:4 (3 4. The name of Allah should be mentioned while
not know whether they have mentioned the name of Allah over
slaughtering the animal. (The correct manner of mentioning the
it or not.
name of Allah at slaughtering is, "Bismillah Allahu akbar" (in
the name of God, God is the most great). On this occasion the

37
Shall we eat of it or not?' The Prophet (peace be on him) theProphet (peace be on him) saw a man who was sharpening
replied, 'Mention the name of Allah (over it) and eat." (The his knife after laying down a sheep to be slaughtered.
correct invocation when one begins to eat or drink is Bismillah
The Prophet (peace be on him) rebuked him saying, "Do you
ar-Rahman ar-Raheem, "In the name of God, the
intend to make it die two deaths? Why did you not sharpen
Compassionate, the Merciful," coupled with a supplication
your knife before laying it down?" (Reported by al-Hakim,
such as, Allahumma, barik lana fi ma razaqtana wa qina adhab
who classified it as "sound" according to the standard of al
an-nar, "Our Lord, bless us in what You have provided for us
Bukhari.) Once 'Umar saw a man dragging a sheep by its leg to
and save us from the punishment of the Fire." (Trans.
be slaughtered.
He said, "Woe to you! Lead it to its death in a decent manner."
The Wisdom of the Islamic Manner of Slaughtering (Reported by 'Abd ur-Razzaq.) Thus the main intent here is to
be kind to the unfortunate animal and spare it unnecessary
The wisdom of the Islamic rules of slaughtering is to take the suffering insofar as this is possible. The people o f jahiliyyah
animal's life in the quickest and least painful way; the were fond of cutting off the humps of live camels and the fat
requirements of using a sharp instrument and of cutting the tails of live sheep in order to eat them. In order to put a stop to
throat relate to this end. It is forbidden to rend the throat by this barbaric practice, the Prophet (peace be on him) forbade
using teeth or nails since this will cause pain to the animal and the eating of any part obtained in this fashion, saying, "Any
is likely to strangle it. part cut off a living animal is dead flesh," (Reported by
The Prophet (peace be on him) recommended sharpening the Ahmad, Abu Daoud, al-Tirmidhi, and al-Hakim.)
knife and putting the animal at ease, saying, Allah has ordained
The Significance of Mentioning Allah's Name
kindness (or excellence) in everything. If killing is to be done,
do it in the best manner, and when you slaughter, do it in the
Mentioning the name of Allah to purify the act of slaughtering
best manner by first sharpening the knife and putting the
has a subtle significance which we would do well to ponder.
animal at ease. (Reported by Muslim on the authority of
First, this practice is in opposition to the practice of the
Shaddad bin Aus.) In another hadith narrated by Ibn'Umar, the
idolaters and the people of jahiliyyah, who mentioned the
Prophet (peace be on him) said, "When one of you slaughters,
names of their non-existent deities while slaughtering animals.
let him complete it," (Reported by Ibn Majah.) meaning that
Since the polytheist mentions the name of a false deity, how
one should sharpen his knife well and feed, water, and soothe
can the Believer fail to mention the name of the true God?
the animal before killing it. Ibn 'Abbas reported that once

38
Second, these animals, like human beings, are creatures of be treated in the same manner as idolaters. Thereupon Allah
Allah, and like them they have life. Ta'ala granted special permission to Muslims in the matter of
How then can a man take control of them and deprive them of eating with the People of the Book and in the matter of
life unless he first obtains permission from his, and their, marriage to their women.
common Creator, to Whom everything belongs? Mentioning In Surah al-Maidah, the last surah of the Qur'an to be revealed,
the name of Allah while slaughtering the animal is a Allah says, Today whatever is good is made lawful to you.
declaration of this divine permission, as if the one who is And the food of those who were given the Scripture (before
killing the animal were saying, "This act of mine is not an act you) is
of aggression permitted to you and your food is permitted to them.... (5:5)
against the universe nor of oppression of this creature, but in The meaning of these verses is, in brief, that from this day
the name of Allah I slaughter, in the name of Allah I hunt, and forward all good, pure, and wholesome things are permitted to
in the name of Allah I eat. you Muslims; consequently, there can be no more bahirah,
saibah, wasilah, or ham. Since Allah did not prohibit it, the
Animals Slaughtered by the People of the Book food of the Jews and the Christians is permitted to you on the
basis of the original permissibility of things, and likewise you
We have seen that Islam emphasizes that the animal must be can share your food with them.
slaughtered in a prescribed manner. The polytheists of Arabia Accordingly, you can eat the flesh of the animals they have
and other nations had made animal sacrifice an act of worship, slaughtered or hunted, and they can eat what you have
or rather an integral part of their belief system and a pillar of slaughtered or hunted. While Islam takes an uncompromising
their religion, seeking to propitiate their deities by sacrificing attitude toward polytheists, it is lenient toward the People of
animals either at their special altars or by mentioning their the Book, for they are closer to Muslims in their belief in
names over them. divine revelation, prophethood, and other fundamentals of .
Islam abolished these pagan rites and ordained that no name Islam permits us to eat with them, to marry their women, and,
except that of Allah be mentioned while slaughtering, and it in general, to have social relations with them. It may be that, by
prohibited what was sacrificed at an altar or dedicated to interacting with Muslims in an Islamic environment and
anyone other than Allah Subhanahu wa Ta'ala. Now although observithe beliefs, practices, and characters of Muslims, they
the People of the Book -the Jews and Christians are essentially may come to realize that Islam is in truth their own religion but
believers in one God, some Muslims nevertheless supposed with a higher level of spirituality, a more perfect Shari'ah, and
that in matters related to food the People of the Book were to books of greater authenticity, (That is, the Holy Qur'an, the

39
books of Ahadith, and the Sirah (biography) of the Prophet. for them? He then told the person to eat it. (Reported by al-
(Trans. while also free of the influence of paganism, man-made Tabari.)
concepts, and falsehood. Imam Malik was once asked about eating the flesh of animals
slaughtered for Christian festivals and churches. He replied, I
The application of the phrase, "the food of those who were
classify it as makruh but not haram: makruh because I am
given the Scripture," is general and includes their meats,
afraid it may have been dedicated to someone other than Allah
produce, and other foods. All of these are halal for us excepting
but not haram because perhaps, with respect to the People of
what is haram in itself, e.g., the flesh of a dead animal, pork,
the Book, the
and flowing blood, as these are haram regardless of whether
meaning of the phrase, 'that which has been dedicated to any
they are obtained from a Christian,
other than Allah,' applies only to those animals which they
a Jew or a Muslim. We now turn to various questions which slaughter for the purpose of seeking the pleasure of their deities
are of sufficient importance (This may refer to Jesus, Mary, or to other saints. (Trans. and
to Muslims to require an answer here. not to eat. As for what they slaughter to eat, it is their food, and
Animals Slaughtered for Churches and Christian Festivals Allah says, 'The food of those who were given the Scripture is
If one does not hear from a Christian or a Jew that a name other permitted to you.' (This ruling by Imam Malik demonstrates his
than Allah's such as that of Jesus or a saint, was mentioned at humility, piety, and caution in religion. He did not rush to the
the time of slaughter, the meat he offers is halal. If, however, conclusion that it was haram, as some jurists do today but
he says that a name other than Allah's has been mentioned, it is confined himself to stating that it was makruh.
haram, according to the opinion of some jurists who argue that As we can see, faced with the problem of reconciling two
it falls under the heading of what has been dedicated to other conflicting general categories, that which is dedicated to
than Allah. anyone other than Allah and the permissibility of the food of
Some others hold the opinion that the food of the People of the the People of the Book, he exercised caution and deliberation.)
Book has been permitted to us by Allah, Who is aware of what (5:7)
they say when slaughtering an animal. Someone asked Abu al-
Darda whether he could eat the flesh of a lamb, slaughtered for Animals Slaughtered By Electric Shock and Other Methods
the Church of St. George, which had been given to him. Abu
al-Darda answered, "O Allah, may You pardon us! Are they The second question is this: Is it necessary that the method of
not the People of the Book, whose food is halal for us and ours slaughter of an animal employed by the People of the Book so
that it is halal in their religion be the same as ours, which is to

40
cut the throat? A majority of jurists stipulate this as a condition, meant here is that what they consider as religiously lawful to
while a number of Maliki jurists have ruled that it is not a eat is halal for us, even though the method of killing the animal
condition. in their religion may be different from ours, and what is not
Qadi Ibn al-Arab), in explaining the verse of Surah al-Maidah, religiously lawful to them is haram for us.
"The food of those who were given the Scripture is permitted What is meant by killing the animal in their religion is killing it
to you," (5:7) says: This is a decisive proof that the game and with the intention of making it lawful as food according to their
food of the People religion. This is the opinion of a
of the Book are among the good things which Allah has group of Maliki jurists. In the light of this ruling, we know that
allowed for us. He, the Most High, has repeated it twice in imported meats, such as chicken and canned beef, originating
order to allay doubts and to seal the mouths of those with the People of the Book are halal for us, even though the
mischievous objectors, who would raise questions and prolong animal may have been killed by means of electric shock or the
the discussion. I was asked: 'If a Christian kills a chicken by like. As long as they consider it lawful in their religion, it is
cutting off its head and then cooks it, is it permissible to eat halal for us. This is the application of the above verse from
with him or to partake of his food?' I said: 'Eat it, as this is his Surah al-Maidah.
food and the food of his priests and monks.
Although this is not our way of slaughtering the animal, yet The Meat of Zoroastrians and Others Like Them A
Allah has permitted their food to us unconditionally, and also difference of opinion exists among jurists concerning the meat
other things in their religion excepting those which Allah says of animals slaughtered by the Zoroastrians or Parsees (Majus).
they have falsified.' Our scholars have said: They give us their The majority forbids the eating of it because they are
women in marriage and it is permissible to engage in sexual polytheists, while others say that it is halal because the Prophet
intercourse with them. (peace be on him) said, "Treat them as you treat the People of
In matters concerning halal and haram, sexual intercourse is of the Book." (Reported by Malik and al-Shafi'i.
graver import than eating; how then does it make sense to say What comes at the end of this hadith, "Do not marry their
that their food is not halal? This is the opinion of Ibn al-Arab). women nor eat their meat," is not considered authentic by the
On another occasion he says: "What they eat without intending compilers of Ahadith.) The Prophet (peace be on him) accepted
to make it lawful for eating, as for example by strangling the jizyah from the Zoroastrians of Hajar. (Reported by al-Bukhari
animal or smashing its head, is haram." There is no and others.) In the chapter on slaughtering in Ibn Hazm's book,
contradiction between these two statements of his. What is Al-Muhalla, (Vol. 7, p. 456.) the author says, "They are also a
People of the Book; hence all the rules related to the People of

41
the Book apply to them." (Ibn Hazm's opinion undoubtedly Prophet (peace be on him): "People bring us meat and we do
carries great weight. not know whether they have mentioned the name of Allah over
He was very meticulous in applying the texts of the Qur'an and it or not. Shall we eat it or not?" and the Prophet (peace be on
Ahadith, as well as being knowledgeable concerning the him)
history of nations and their customs. Al-Baghdadi, in his book replied, "Mention the name of Allah (over it) and eat."
Al-Farq Bayn al-Firaq, states: Concerning the application of this hadith, scholars say: This is
"The Magians (Zoroastrians) claim that Zoraster was a proof
prophet" Some modern Islamic scholars who have conducted that the actions and practices of people are ordinarily
researches into ancient cultures, such as Abul Kalam Azad, considered to be correct and appropriate, while deviation or
support this view.) Likewise the Sabeans are classified by Abu error must be proved.
Hanifah as belonging to the category of People of the Book. Hunting
(Some researchers of our time have attempted to extend the Many Arabs and peoples of other nations formerly lived by
circle of People of the Book to include idolatrous such as hunting; hence the Qur'an and Sunnah have addressed
Hindus and Buddhists, but they are stretching the matter too themselves to this matter. Muslim jurists have always treated
far. See, for example, Tafsir al-Manar, vol. 6, in the the subject of hunting under a separate heading, explaining
interpretation of the ayah, "The food of those who were given what is lawful and what is prohibited, what is obligatory and
the Scripture is permitted to you," in the chapter dealing with what is commendable in this regard, since many animals and
the food of idolatrous and marriage to their women.) birds whose flesh is wholesome are neither tamed nor under
man's control.
A Rule: What We Do Not See Should Not Be Probed Into
In order to render eating them halal, Islam does not require that
the throats of such creatures be cut or that the hollow of their
It is not required of the Muslim to inquire about what he has
throat be pierced, as is required for the slaughter of tame and
not witnessed, i.e., How was the animal killed? Did the manner
domesticated animals. It is sufficient to do something of this
of 6laughter meet the Islamic conditions? Was the name of
sort but to a lesser degree, as the circumstances of the hunt
Allah mentioned while slaughtering or not? If the animal was
permit.
slaughtered by a Muslim, even if he is ignorant or sinful, or by
People have always followed their instincts while hunting, and
someone from among the People of the Book, eating it is halal
Islam does not oppose what is natural and instinctive, but
for us.
merely adds a few conditions in order to bring hunting, as it
We have already narrated a hadith in which it was said to the
brings all the other affairs of Muslims, in accord with its

42
general belief system. Some of these conditions apply to the spiritual, of the Muslim who is performing hajj, the obligatory
hunter, others to the game, and still others to the instrument of pilgrimage, or 'umrah, the lesser and voluntary pilgrimage.
hunting. (Trans. for hajj or 'umrah, for at that time he is in a state of
These conditions apply, naturally, only to land game. As for total peace and serenity, the sphere of which extends to the
sea game, Allah has permitted all of it without restriction, as animals and birds around him. Even if some game should
was mentioned earlier: The game of the sea is permitted to you appear right in front of him so that he could catch or kill it with
and so is its food, a provision for you and for travellers by a spear, it is not permissible for him to do so. This is to test and
sea.... (5:99 train the Believer in order to make him strong and patient. As
(96 Allah Ta'ala says: O you who believe! Do not kill game while
Conditions Pertaining to the Hunter you are in the state of ihram.... ihram.... (5:98 (95 ...And
The conditions pertaining to the hunter are the same as those hunting is haram for you while you are in the state of ihram....
which pertain to the butcher: that he should be either a Muslim, (5:2(1
a Jew, a Christian, a Zoroastrian, or a Sabean. Islam teaches the
Conditions Pertaining to the Game
hunterthat he should not hunt merely for sport, taking the life
of animals without intending to eat them or otherwise benefit One of the conditions pertaining to game is that it should be an
from them. animal which man is not able to bring under control in order to
The Prophet (peace be on him) said: If someone kills a sparrow slaughter it properly, for, according to principle, if it is possible
for sport, the sparrow will cry out on the Day of Judgement, 'O to slaughter it, this must be done, and no other choice remains.
Lord! That person killed me in vain! He did not kill me for any Similarly, if one shoots an arrow at the animal or if his hunting
useful purpose.' (Reported by al-Nisai and by Ibn Hibban in his dog has brought it down, as long as he reaches the animal
Sahih.) Again, he said: Whoever kills a sparrow or anything while there is still abundant life remaining in it, its throat must
bigger than that without a just cause, Allah will hold him be cut. However, although cutting the throat is preferable, if it
accountable on the Day of Judgement. The listeners asked, O is barely alive and the hunter leaves it to die without cutting the
Messenger of Allah, what is a just cause? He throat there is no harm in it.
replied, That he kill it to eat, not to simply chop off its head
According to the two Sahih's of al-Bukhari and Muslim, the
and then throw it away. (Reported by al-Nisai and al-Hakim
Prophet (peace be on him) said: When you set your dog (for the
who said that its transmission is sound.)
chase), mention the name of Allah. If he catches the game, and
Another condition is that the Muslim should not be in the state you reach it while it is still alive, cut its throat.
of ihram (Ihram refers to the state of consecration, physical and

43
Conditions Pertaining to the Instrument that banduqah here refers to a ball of clay and not to the
modern bullet.
Instruments of hunting are two kinds:a. Weapons, such as
The Prophet (peace be on him) likewise forbade throwing
swords, arrows, and spears, as mentioned in the ayah: ...in the
stones at the hunted animal, saying, "Throwing stones will not
game which you take with your hands and your spears....
hunt the game or kill an enemy, but it may break a tooth or
(5:97 (94 b. Hunting animals which can be trained, such as the gouge out an eye." (Reported by al-Bukhari and Muslim. )
dog and the leopard among beasts, and the falcon and hawk The second condition to be met when hunting with a weapon is
among birds. Allah Ta'ala says: Say: Whatever is good is that the name of Allah must be mentioned when hurling or
lawful for you. And eat of what is caught for you by those you striking with the weapon, as the Prophet (peace be on him)
have trained among hunting animals, teaching them as Allah instructed 'Adi bin Hatim, whose reports of a hadith are the
has taught you.... (5:5 (4 source material for this topic. (The above instructions likewise
Hunting with Weapons apply to hunting with a gun. (Trans.
Two conditions must be met if the game is killed by a weapon.
Hunting with Dogs and the Like
First, the weapon should pierce the body of the animal, making
a wound; death by mere impact does not render it halal. 'Adi If hunting is done with a dog or falcon or the like, the
bin Hatim narrated, "I asked the Messenger of Allah (peace be following is required: first, it should be a trained animal;
him) about game killed with a weapon (m'irad). He said, "If second, it should catch the game for its owner and not for itself,
you hurl the weapon and it pierces the game, eat it, but if it is as the Qur'an specifies; and third, the name of Allah must be
killed by the blow of its side, do not eat it." (Reported by al- mentioned while sending it for the chase. The source of these
Bukhari and Muslim.) conditions is the following ayah: They ask thee (OMuhammad)
This hadith is proof that what makes the game halal is that the what is lawful to them (as food). Say: Whatever is good is
body of the animal be pierced, even if the weapon is blunt. lawful for you.
Accordingly, game killed by a rifle or pistol or the like is halal
And eat of what is caught for you by those you have trained
as the bullet will penetrate its body even more deeply than an
among hunting animals, teaching them as Allah has taught you,
arrow, spear, or sword. With reference to the hadith reported
and mention the name of Allah over it.... (5:4)1. The definition
by Ahmad, "Do not eat what is killed by a banduqah unless you
of "training" is well known. It means that the animal so trained
slaughter it," and the one reported by al-Bukhari on the
is under the control of its owner so that when he calls it, it
authority of Ibn 'Umar, which states that the animal killed by a
responds; when he sends it toward the game, it hunts it;
banduqah is like an animal killed by a blow, it should be noted

44
and when he restrains it, it halts. The jurists have laid down mandatory nature of this condition has also been demonstrated
various criteria for this; however, common sense is a better by the fact that if a dog other than that of the hunter is found at
guide in the game, eating of it is not
deciding whether a hunting animal is trained or not. 2. The lawful. 'Adi said to the Prophet (peace be on him), "Suppose I
definition of "catching the game for its owner" is that it does send my dog but I find another dog at the game, and I do not
not itself eat the game. The Prophet (peace be on him) said: know which dog caught it?" The Prophet (peace be on him)
"If you send your dog after the game, and it eats part of it, you replied, "Do not eat it, for while you mentioned the name of
should not eat of it, for the dog has hunted the game for itself Allah over your dog, you did not mention it over the other
andnot for you; but if you send the dog and it kills the game dog." However, if one forgets to mention Allah's name while
without eating it, you can eat it, as it has caught it for its dispatching his weapon or the hunting animal, he can make up
master." for it by mentioning it at the time of eating, for Allah has
(Narrated by Ahmad; also reported by al-Bukhari and Muslim.) forgiven the Muslim ummah for the errors it commits due to
Some jurists make a distinction between hunting animalssuch forgetfulness or error.
as dogs and hunting birds such as falcons. Their opinion is that As was mentioned earlier, this also applies in the case of
eating game which has been partly eaten by a bird is forgetting to pronounce the name of Allah at the time of
permissible, while if a dog has eaten from it, it is not allowed. slaughtering. The significance of mentioning the name of Allah
over the animal need not be repeated here, as it was explained
The reason for laying down these two conditions is, first, to earlier in connection with slaughtering.
emphasize that the hunting dog should be well-trained, always
being under the control of its master, and second, to preserve When the Game is Found Dead
human dignity by not allowing man to eat the leavings of It may happen that although the game is struck by the arrow it
animals. Finally, we note that a well-trained dog which catches may nevertheless escape; the hunter may find it some time
the game for its master is very similar to an inanimate weapon -perhaps even days -later, dead. In such a case, the game is
in his hands such as an arrow. lawful l s food under the following conditions: 1. That it is not
3. Mentioning the name of Allahwhile sending the dog for the found in water. The Prophet (peace be on him) said: "If you
chase is like mentioning His name while shooting the arrow, shoot an arrow and it kills the animal, you can eat it.
hurling the spear, or striking with the sword. The Qur'anic But if it is found in water, you do not know whether its death
injunction, "mention the name of Allah over it," has also been was caused by drowning or by your arrow." (Reported by al-
emphasized in ahadith, such as that of 'Adi bin Hatim. The Bukhari and Muslim ) 2. That it has no wounds other than the

45
wound inflicted by the arrow. 'Adi bin Hatim asked the Prophet use of alcohol. If statistics were collected worldwide of all the
(peace be on him), "What if patients in
I shoot an arrow and find the game the next morning with my hospitals who, due to alcohol, are suffering from mental
arrow in it?" The Prophet (peace be on him) replied: "If you disorders, delirium tremens, nervous breakdowns, and ailments
know that your arrow killed it, and you do not find any wound of the digestive tract, to which are added the statistics of
inflicted by wild beasts, you may eat it." (Reported by al- suicides, homicides, bankruptcies, sales of properties, and
Tirmidhi, who classifies it as sahih. ) 3. That the game has not broken homes related to the consumption of alcohol, the
reached the stage of decay. number of such cases would be so staggering that, in
People of sound taste are naturally revolted and nauseated by comparison to it, all exhortation and preaching against drinking
rotten meat, and eating it is also likely to be injurious. It is would seem too little.
narrated in the Sahih of Muslim that the Prophet (peace be on The Arabs during the period of jahiliyyah were very fond of
him) told Abu Th'alabah al-Khashini, "You shoot an arrow but wine and drinking parties. This love of wine is reflected in their
the game disappears for three days. If you then come upon it, language, which has nearly one hundred names for it, and in
you may eat what is not decayed of it." their poetry, which celebrates the praises of wine, goblets,
drinking parties, and so on. To eradicate this pervasive evil
Intoxicants from society, Allah Subhanahu wa Ta'ala adopted a wise
The Arabic word khamr signifies any alcoholic drink which course of education and training, prohibiting it in measured
causes intoxication. We would be stating the obvious if we stages.
were to discuss the harmful effects of drinking on the First, He made it clear to them that the harm of drinking wine
individual's mind, his health, his religion, and his work; or if is greater than its benefit; next, He told them not to come to
we discussed the disasters which he brings upon his family by salat while intoxicated; and finally, He revealed the verse in
neglecting their needs and by not fulfilling his obligations, as Surah al-Maidah which prohibited it totally and decisively: O
the head of the family, toward his wife and children; or if we you who believe! Truly, intoxicants and gambling and
elaborated on the spiritual, material, and moral evils which divination by arrows are an abomination of Satan's doing:
proliferate in societies and nations due to the widespread avoid it in order that you may be successful.
consumption of alcohol. Assuredly Satan desires to sow enmity and hatred among you
A researcher in this area has rightly stated that: Mankind has with intoxicants and gambling, and to hinder you from the
not suffered any greater calamity than that brought about by the remembrance of Allah and from salat. Will you not then desist?
(5:93-94 (90-91 In these two verses, Allah strictly prohibited

46
wine and gambling, linking them to idols and seeking omens enforce, laws prohibiting the drinking of alcohol. It is only
by means of divining Islam which has
arrows, and declared them to be rijs (abominable or filthy), a succeeded in combating and eradicating it. The churchmen
term which the Qur'an reserves for extremely indecent and evil hold differing opinions concerning the position of alcohol in
things. He ascribes them to the work of Satan, which indeed Christianity. Some argue that the Biblical text permits drinking
consists only of obscenity and evil, and commands the in small quantities, since it is good for the digestion. (See, for
Believers to abstain from them as the only way to attain example, I Tim. 5:23.) But if this should be true, even though a
success. little wine may be beneficial to the digestion, this little must be
Allah Ta'ala then mentions the harmful effects of wine and prohibited, as a small amount leads to large amounts and one
gambling on society, namely, the breaking of relationships and glass to other glasses, until one becomes' addicted to it. For this
ensuing enmity and hatred, in addition to the harm they do to reason Islam's stand in prohibiting alcohol and in blocking all
man's soul by causing him to neglect the religious obligations avenues which lead to drinking is very clear and unequivocal.
of remembering Allah and of performing salat.
The verses end with a very stern admonition to abstain: "Will All That Intoxicates Is Haram
you not then desist?" And when the Prophet (peace be on him) The first declaration made by the Prophet (peace be him)
had finished reciting these verses for the first time, the listeners concerning this matter was that not only is wine prohibited but
answered with the fervent cry, "We have desisted, O Lord! We that the definition of khamr extends to any substance which
have desisted!" The response of the Muslims to these verses intoxicates, in whatever form or under whatever name it may
was remarkable indeed. appear.
At the time some people were drinking, with partly-filled cups Thus, example, beer and similar drinks are haram. The Prophet
in their hands. As soon as they heard someone announcing, (peace be on h) was once asked about certain drinks made from
"Wine has indeed been prohibited," they poured the remaining honey, corn, or barley by the process of fermenting them until
drinks upon the ground and broke the big clay pots in which they became alcoholic. The Messenger of Allah (peace be on
other drinks were being fermented. Many present-day him), blessed as he was with the best of speech' replied
governments throughout the world are convinced of the succinctly, "Every intoxicant is khamr, and every khamr is
harmful effects of alcohol on individuals, families, and society. haram." Reported by Muslim. ) And 'Umar declared from the
Some governments, such as that of the United States, have pulpit of the Prophet, "Khamr is that which befogs the mind."
even tried to abolish alcohol by passing, and attempting to (Reported by al-Bukhari and Muslim. )

47
Whatever Intoxicates in Large Amounts is Haram in Any was revealed, the Prophet (peace be on him) announced: Truly,
Amount Allah has prohibited khamr. Therefore, whoever hears this
Islam takes an uncompromising stand in prohibiting verse and possesses some of this substance should neither drink
intoxicants, regardless of whether the amount is little or much. it nor sell it. The narrator of this hadith says, "The people
If an individual is permitted to take but a single step along this brought forth whatever they possessed of it and poured it out in
road, other steps follow; he starts walking and then running, the streets of Madinah." (Reported by Muslim.) Since the
and does not stop at any stage. This is why the Prophet (peace Islamic method is to block all avenues which lead to the haram,
be on him) said, "Of that which intoxicates in a large amount, a it is also haram for a Muslim to sell grapes to a person whom
small amount is haram." (Reported by Ahmad Abu Daoud, and he knows will make khamr from them.
al-Tirmidhi. ) And again, "If a bucketful intoxicates, a sip of it A hadith states: If someone stockpiles grapes during harvest
is haram." (Reported by Ahmad Abu Daoud, and al-Tirmidhi.) time and holds them in order to sell them to a Jew or Christian
or anyone else (even if he be a Muslim) who produces
Trading in Alcohol
khamr, he will be leaping into the Fire with his eyes open.
The Prophet (peace be on him) did not stop at prohibiting the (Reported by al-Tabarani in Al-Awsat, and classified as sahih
drinking of alcohol, whether much or little, but he also forbade by al-Hafiz in Bulugh al-Maram.)
any trading in it, even with non-Muslims. It is not permissible Alcohol Cannot Be Given as a Gift
for a Muslim to import or export alcoholic beverages, or to Just as the sale of alcohol or receiving the price of it is haram
own or work in a place which sells them. In connection with for the Muslim, likewise giving it as a gift to anyone, such as a
alcohol, the Prophet (peace be on him) cursed ten categories of Christian or Jewish friend, is haram. Alcoholic beverages
people saying: cannot be received or given by a Muslim as gifts because a
Muslim is pure and neither gives nor receives anything except
Truly, Allah has cursed khamr and has cursed the one who
what is pure. It is reported that a man brought a cask of wine to
produces it, the one for whom it is produced, the one who
the Prophet (peace be on him) as a gift.
drinks it, the one who serves it, the one who carries it, the one
The Prophet (peace be on him) informed him that Allah had
for whom it is carried, the one who sells it, the one who earns
prohibited it. 'Shall I not sell it?' asked the man. 'The One Who
from the sale of it, the one who buys it, and the one for whom
Prohibited drinking it has also prohibited selling it,' replied the
it is bought. (Reported by al-Tirmidhi and Ibn Majah, on
Prophet (peace be on him). 'Shall I not give it to a Jew as a
reliable authority. ) When the above verse of Surah al-Maidah
gift?' asked the man. 'The One Who has prohibited it has also
prohibited that it be given as a gift to the Jew,' said the Prophet.

48
'Then what shall I do with it?' asked the man. 'Pour it on the between him and it so that no opening, either wide or narrow,
ground,' the Prophet replied. is left for him
(Reported by al-Hameedi in his Musnad. )
either to consume alcohol or to touch it. The Muslim is not
Avoiding Drinking Parties
allowed to drink it in large or small amounts; he is not
In the same spirit, the Muslim is ordered to stay away from
permitted to handle it through selling or buying,
drinking parties or gatherings at which drinks are served.
manufacturing, or giving it as a gift; he is not allowed to bring
'Umar narrated that he heard the Messenger of Allah (peace be
it to his home or shop; he is not allowed to serve it at
on him) saying, "Whoever believes in Allah and the Last Day
gatherings, for a joyous occasion or otherwise, or to serve it to
must not sit at table at which khamr is consumed." (Reported
a non-Muslim guest; and he is not allowed to mix it with any
by Ahmad; al-Tirmidhi also reports something similar to it.)
food or beverage. A question raised by some people which still
While it is the duty of a Muslim to eradicate the evil he sees, if
remains to be answered concerns the use of alcohol as a
he is unable to do so, he must stay away from it, leaving the
medicine.
place where people are engaged in such things.
This question was answered by the Prophet (peace be on him)
It is reported that the rightly-guided Caliph 'Umar ibn
when a man told him that he used wine as a medicine. The
'Abdul'Aziz used to flog not only those who drank but those
Prophet (peace be on him) said, "It is not a medicine but a
who sat with them as well, even if they were not themselves
disease,'' (Reported by Muslim, Ahmad, Abu Daoud, and al-
drinking. When once he was told of a group of people who
Tirmidhi.) He also said, Allah has sent down the disease andthe
were at a drinking party, he ordered that all of them be flogged.
cure, and for every disease there is a cure. So take medicine but
He was told that a person who was fasting was among them.
do not use anything haram as medicine. (Reported by Abu-
"Begin with him," he said. "Have you not heard Allah's saying,
Daoud.) With regard to intoxicants Ibn Mas'ud said, "Allah has
'And He has revealed to you in the Book that when you hear
not made a cure for you in what He has prohibited to you."
the revelation of Allah rejected and mocked, you are not to sit
(Reported by al-Bukhari as a comment on the preceding
with them until they turn to some other theme; for if you do so,
hadith.)
you will be like them....' " (4:140)
It is therefore not surprising that Islam forbids the use of
Alcohol, Itself a Disease, Cannot Be a Medicine alcohol and other prohibited substances as medicines. As
explained by Ibn Qayyim, the prohibition of a thing implies
From all the explicit texts of the Qur'an and ahadith quoted
avoiding and staying way from it by every means, while taking
above, we see that Islam is very firm in combating alcohol, as
it as a medicine renders it desirable and reuires keeping it on
well as in keeping the Muslim away from it by erecting barriers
hand, and this is against the Law-Giver's purpose. Ibn Qayyim,

49
said, "If alcohol were permitted as medicine when people are would then find no alternative except to prescribe a medication
already inclined toward it, it would provide them with an containing alcohol. As
excuse to drink it for pleasure and enjoyment, especially since its aim is always the welfare of human beings, the Shari'ah
people have the impression that it is beneficial for their health, permits the taking of such a medicine in such a case. However,
alleviates their complaints, and cures their diseases." (Zad al- one must be aware that this concession is strictly limited to that
Ma'ad, vol. 3, pp. 115-116.) One may also mention that the quality which is deemed essential: ...But if one is compelled by
attitude of the patient toward the medicine he takes has a necessity, neither craving (it) nor transgressing, then, indeed,
considerable effect in hastening or delaying the cure. thy Lord is Forgiving, Merciful. (6:145)
Ibn Qayyim, who had considerable insight into human
psychology, elaborates on this point in the following manner: Drugs "Khamr is what befogs the mind." These are the words
One condition for the efficacy of the medicine is that the spoken by 'Umar ibn al-Khattab from the pulpit of the Prophet
patient believes in its efficacy and that Allah has placed the (peace be on him), providing us with a decisive criterion for
blessing of cure in it. defining what falls under the prohibited category of khamr.
There remains then no room for doubts and questions: any
Now the Muslim patient's belief that a particular substance,
substance which has the effect of befogging or clouding the
such as alcohol, is haram prevents him from believing that it
mind, impairing its faculties of thought, perception, and
can at the same time be beneficial or blessed. Thus he will not
discernment is prohibited by Allah and His Messenger (peace
have any trust in it nor will he take it approvingly. On the
be on him) until the Day of Resurrection.
contrary! The stronger the Muslim's faith, the greater will be
Drugs such asmarijuana, cocaine, opium, and the like are
his aversion to it and the greater his mistrust of it. If hethen
definitely included in the prohibited category of khamr. It is
grudgingly takes what he hates and loathes, it will not be a cure
well known that the use of such drugs affects the sensory
for him but a disease. (Adapted from his discussion in Zad al-
perceptions, making what is near seem distant and what is
Ma'ad, vol. 3.)
distant seem near; that their use produces illusions and
Having said this, we must again mention the exempted case of
hallucinations, so that the real seems to disappear and what is
necessity; the Islamic Shari'ah has a different ruling for such
imaginary appears to be real; and that drug usage in general
acase. Supposing a ma's life were in danger and no substitute
impairs the faculty of reasoning and decision-making.
for a medication containing alcohol were available; a Muslim
Such drugs are taken as a means of escape from the inner
physician, who was at once an expert in his field and at the
reality of one's feelings and the outer realities of life and
same time zealous in safeguarding the commands of religion,
religion into the realm of fantasy and imagination. Added to

50
this psychological fact are the physical effects: bodily of it has spread among the people after the coming of the
lassitude, dullness of the nerves, and decline in overall health. Tartars. The hadd punishment (The Qur'an
The moral consequences, moral insensitivity, weakening of the specifies the punishments for certain crimes, such as lashing
will-power, and neglect of responsibilities are also well known. for drinking wine and equal retaliation or compensation in the
Eventually, addiction to drugs renders a person a diseased case of murder or injuries. These punishments are called hadd
member of society. (plural, hudud), meaning "the limit set by Allah." (Trans. for
Furthermore, drug addiction may result in the destruction of the smoking hashish, whether a small or large amount of it, is the
family or even in a life of crime. Since obtaining drugs same as that for drinking wine, that is, eighty or forty lashes.
involves a great outlay of money, a drug addict may well He explained the imposition of hadd for smoking hashish in the
deprive his family of necessities in order to buy drugs and may following manner:
resort to illegal means to pay for them. When we recall the
It is the rule of the Islamic Shari'ah that any prohibited thing
principle that impure and harmful things have been made
which is desired by people, such as wine and illicit sexual
haram, there can be no doubt in our minds concerning the
relations, is to be punished by imposing hadd, while the
prohibition of such detestable substances such as drugs, which
violation of a prohibited thing which is not desired, such as
cause so much physical, psychological, moral, social and
(eating) the flesh of a dead animal, calls for ta'zir. (For crimes
economic harm.
concerning which no specified punishment is mentioned in the
The Muslim jurists were unanimous in prohibiting those drugs
Qur'an or Ahadith, the Muslim government may introduce its
which were found during their respective times and places.
own punishments, such as fines or imprisonment. Such a
Foremost among them was Sheikh al-Islam Ibn Taymiyyah,
punishment is called ta'zir. (Trans. Now hashish is something
who said, This solid grass (hashish) is haram, whether or not it
which is desired, and it is hard for the addict to renounce it
produces intoxication. Sinful people smoke it because they find
Accordingly, the application of the texts of the Qur'an and
it produces rapture and delight, an effect similar to
Sunnah to hashish is similar to that of wine. (Fatawa Ibn
drunkenness.
Taymiyyah, vol. 4, p. 262 f. Also see his book, Al-Siyasah al-
While wine makes the one who drinks it active and
Shar'iyyah.)
quarrelsome, hashish produces dullness and lethargy;
furthermore, smoking it disturbs the mind and temperament, The Consumption of Harmful Things is Haram
excites sexual desire, and leads to shameless promiscuity, and
A general rule of the Islamic Shari'ah is that it is haram for the
these are greater evils than those caused by drinking. The use
Muslim to eat or drink anything which may cause his death,

51
either quickly or gradually, such as poisons, or substances -The Wisdom of These Two Prohibitions Concerning Men
which are -Why Gold and Silk are Permitted to Women
The Dress of the Muslim
injurious to health or harmful to his body. It is also haram to
-The Dress of the Muslim Woman
eat or drink large quantities of a substance if large quantities of
-Concerning Woman's Imitating Man and Vice Versa
it cause illness. For the Muslim is not entirely his own master;
-Dressing for the Sake of Ostentation and Pride
he is also an asset to his religion and his ummah (the Muslim
Artificial Changes of Features
nation), and his life, health, wealth, and all that Allah has
-Going to Extremes in Beautification by Changing What Allah
bestowed upon him are a trust with him which he is not
Created
permitted to diminish. Says Allah Subhanahu wa Ta'ala: And
-The Prohibition of Tattooing, Cutting the Teeth, and
do not kill yourselves; indeed, Allah is ever Merciful to you.
Undergoing
(4:29)
Surgery for Beautification
He also says: And do not be cast into ruin by your own
-Plucking the Eyebrows
hands.... (2:195) And His Messenger (peace be on him) said:
-Wigs and Hairpieces
"Do not harm yourself or others.'' (Reported by Ahmad and Ibn
-Dyeing the Hair
Majah.) As an application of this principle, we may say that if
-Letting the Beard Grow
it is proved that the use of tobacco is injurious to health, it is
Clothing and Adornment Islam permits, and in fact requires,
haram, especially for a person whose physician has advised
that the Muslim be careful about his appearance, dress
him to stop smoking. Even if it is not injurious to health, it is
decently, maintain his dignity, and enjoy what Allah has
still a waste of money, spent neither for religious nor for
created for the purpose of clothing and adornment. From the
secular benefit, and the Prophet (peace be on him) forbade
Islamic point of view, clothing has two purposes: to cover the
wasting of property. (Reported by al-Bukhari.)
body and to beautify the appearance.
This becomes the more serious when the money is otherwise
Allah Subhanahu wa Ta'ala counts His bestowal of clothing
needed for the sustenance of oneself or one's family. Chapter 2:
and adornment upon human beings as one of His favors to
The Halal And The Haram in the Private Life of Muslim
mankind: O children of Adam! Verily, We have bestowed upon
Clothing and Adornment you clothing to cover your shame as well as to be an adornment
Cleanliness and Beautification Are Characteristics of Islam to you.... (7:26) Whoever neglects either of these two aspects,
Gold and Silk covering or adornment, has deviated from the way of Islam
-Gold and Pure Silk are Haram for Men toward the path of Satan.

52
 Accordingly, Allah warns people concerning both nakedness
and neglect of good appearance, as these are snares of Satan, in Before directing its attention to the questions of adornment and
the following verses: good appearance, Islam addressed itself in considerable depth
to the question of cleanliness, for cleanliness is the essence of
O children of Adam! Do not let Satan seduce in the same
good appearance and the beauty of every adornment. It is
manner as he expelled your parents (Adam and Eve) from the
reported that the Prophet (peace be on him) said: "Cleanse
Garden, stripping them of their raiment in order to expose their
yourself, for Islam is cleanliness." (Reported by Ibn Hayyan.)
shame.... (7:27)
"Cleanliness invites toward faith, and faith leads its possessor
O children of Adam! Wear your beautiful apparel at every to the Garden." (Reported by al-Tabarani.) The Prophet (peace
place of worship, and eat and drink, but do not be wasteful.... be on him) placed a great emphasis on keeping the body,
(7:31) Islam has made it obligatory on Muslims to cover their clothing, houses, and streets clean, and he laid special stress on
private parts, which everyone naturally feels a sense of shame cleaning the teeth, hands, and hair.
at exposing in order that they may be distinguished from the This emphasis on cleanliness is not to be wondered at in a
naked animals; in fact, it instructs them to avoid uncovering religion which makes cleanliness the key to its principle form
these parts of their bodies even when they are alone so that of worship, salat, for the Muslim's salat is not acceptable unless
they may attain perfection in morals and religion. his body, clothing, and the place where he performs his salat
are all clean. In addition to this requirement' there are the
Bahaz ibn Hakim, on the authority of his grandfather, reported
obligatory types of cleansing, either of the entire body in the
the latter as saying: I asked, 'O Messenger of Allah! What
form of ghusl (total washing), or of those parts of the body
should we conceal and what can we show of our private parts?'
which are exposed to dirt, in the form of wudu (ablution for
He replied, 'Let no one see them except your wife or your
salat).
bondwoman.' I then asked, 'What if some people live together
The desert environment of Arabia and the nomadic life of its
(e.g., during travel, or camping)?'
people were not very conducive to cleanliness and refinement,
He replied, 'If you can manage it, try not to let anyone see and most of them neglected these aspects. The Prophet (peace
them ' I then said, 'And what if no one is present (meaning if be on him), with his lively instruction and to-the-point
one is alone)?' He said, 'Allah Tabarak wa Ta'ala is most admonition, gradually led them out of their uncouth habits and
deserving of your modesty.' (Reported by Ahmad, Abu Daoud, taught them refinement and civil manners. Once a man
al-Tirmidhi, and Ibn Majah.) approached the Prophet (peace be on him) with his hair and
Cleanliness and Beautification Are Characteristics of Islam beard disheveled. The Prophet (peace be on him) made some

53
gestures as if asking the man to comb his hair. He did so, and women. These are, first, gold ornaments and, second, clothing
when he returned the Prophet (peace be on him) said to made of pure silk. 'All reported that the
him, "Is not this better than that one should come with Prophet (peace be on him) took some silk in his right hand and
disheveled hair, looking like a devil?" (Reported by Malik in some gold in his left, declaring, " These two are haram for the
Al-Muwatta.) On another occasion the Prophet (peace be on males among my followers." (Reported by Ahmad, Abu
him) saw a man with unkept hair and remarked, "Does he have Daoud, al-Nisai, Ibn Hayyan, and lbn Majah, who reports the
nothing with which to comb his hair?" (Reported by Abu additional phrase, "but halal for the females.") 'Umar reported
Daoud.) Upon seeing another man with dirty clothes he that he heard the Prophet (peace be on him) say, " Do not wear
remarked, "Cannot he find anything with which to wash his silk, for those who wear it in this life shall not wear it in the
clothes?" (Reported by Abu Daoud.) A man came to the Hereafter." (Reported by al-Bukhari and Muslim. A Similar
Prophet (peace be on him) wearing cheap-looking garments. hadith is reported by them on the authority of Anas.) On
"Do you have property?" the Prophet (peace be on him) asked another occasion, referring to a silken garment, he said, "This
him. "Yes," the man replied. "What kind of property?" asked is the dress of a man who has no character.'' (Reported by al-
the Prophet (peace be on him). Bukhari and Muslim.)
"Allah has given me all kinds of wealth," he said. The Prophet The Prophet (peace be on him) once sawa gold ring on a man's
(peace be on him) then said to him, "Since Allah has given you hand. He immediately took it from him and threw it down
wealth, let Him see the effects of His favor and bounty upon saying, 'Does a person pick up a piece of burning coal and hold
you.'' (Reported by al-Nisai.) The Prophet insisted that people it in his hand?' After the Prophet (peace be on him) had left the
come to general gatherings, such as the Friday and the 'Eid place, someone asked the man, 'Why do you not pick it up and
prayers, nicely dressed and well-groomed. He said, If you can benefit from it?' He replied, 'No, by Allah! I shall not pick it up
afford it, it is befitting that you wear garments other than your after the Messenger of Allah (peace be on him) has thrown it
working clothes to Friday prayer. (Reported by Abu Daoud.) away.' (Reported by Muslim.) The same prohibition which
Gold and SilkGold and Pure Silk are Haram for Men applies to the gold ring likewise applies to what we observe
Beautification and elegance are not merely permitted but are among conspicuous spenders, i.e., the gold pen, gold watch,
required by Islam, and in general it repudiates any attempts to gold cigarette case and lighter, gold teeth, etc.
prohibit them. Say: Who has forbidden the adornment of Allah The Prophet (peace be on him), however, permitted men to
which He has brought forth for His servants, and the good wear silver rings. On the authority of Ibn'Umar, al-Bukhari
things of His providing? (7:32) Islam has, however, prohibited reported the former saying, " The Messenger of Allah (peace
two kinds of adornment for men, while permitting them to

54
be on him) wore a silver ring. After him, Abu Bakr and then From the Qur'anic point of view, luxurious living leads to
'Umar and 'Uthman wore it, until it fell off weakness among nations and to their eventual downfall; the
his finger into the well of Arees." (Reported by al-Bukhari in existence of luxury is also an
the chapter on "Clothing" (Al-Libas).) As for other metals such expression of social injustice, as only a few can afford
as iron, there are no sound texts prohibiting them. On the luxurious items at the expense of the deprived masses of
contrary, in the Sahih of al-Bukhari we find that the Messenger people. In addition to this, luxurious living is an enemy of
of Allah (peace be on him) advised a man who wanted to marry every call towards truth, justice, and social reform. The Qur'an
a woman to, " Present her with a gift, even if it be ring made of says: And when We intend that We should destroy a township,
iron." On the basis of this hadith al-Bukhari inferred the we permit its luxury-loving people to commit wickedness
permissibility of iron rings. The Prophet (peace be on him) therein. Then the word is proved true against it, and We then
made concessions in the wearing of silken garments for destroy it utterly.(17:16) and again, And We did not send a
medical reasons, as he gave 'Abd al-Rahman bin 'Auf and al- warner to anytownship without its luxury-loving people saying,
Zubayr bin al-'Awwam, both of whom suffered from scabies, 'Assuredly we are disbelievers in that with which you have
permission to wear silk. (Reported by al-Bukhari.) been sent.' (34:34) In keeping with the spirit of the Qur'an, the
Prophet (peace be on him) forbade Muslims any indulgence in
The Wisdom of These Two Prohibitions Concerning Men conspicuous consumption.
He not only forbade the use of gold and silk to men but also
By means of these two prohibitions which concern men,
forbade men and women alike the use of gold and silver
Islam's aim is to achieve certain noble educational and moral
utensils. Finally, economic considerations also carry some
objectives. Since it is the religion of jihad (striving) and
weight here. Since gold is a universal medium of exchange,
strength, Islam must safeguard the manly qualities of men from
using it to make household utensils or ornaments for men does
any show of weakness, passivity, and lethargy. Allah has made
not make sense in economic tenn6.
the physique of the man different from that of the woman, and
it does not befit a man to wear clothes made of fine material or
Why Gold and Silk are Permitted to Women
to adorn his body with costly ornaments. There is, however, a
Woman has been exempted from this prohibition out of
social aim underlying these prohibitions. The prohibition of
consideration for her feminine nature, as the love of jewelry
gold and silk to males is part of a broader Islamic program of
and ornaments is quite natural and becoming for a woman.
combating luxuriousness in living.
However, she is not to use her adornments to attract men and
arouse their sexual desires. According to a hadith, When a

55
woman puts on perfume and goes among people so that its him) likened their hair-style to the hump of a special breed of
scent reaches them, she is an adulteress, and any eye which is camel (bakht) which has very large humps, because they
attracted to her is that of an adulterer. (Reported by al-Nisai, put up their hair in a beehive shape from the middle of their
and also by Ibn Khazimah and Ibn Hayyan in their respective heads. It is as if the Prophet (peace be on him) were looking
Sahih's.) And Allah Ta'ala warns women ...that they should not beyond the centuries to the present age, when dressing the hair
stamp their feet in order to make apparent what is hidden of of women and styling it in variety of shapes has become a
their adornment.... (24:31) profession dominated by men who charge top prices for their
work. And this is not all. Many women, not satisfied with what
Dress of a MuslimThe Dress of the Muslim Woman Allah gave them in the way of natural hair, buy wigs made of
Islam makes it haram for women to wear clothes which fail to artificial hair to add to their own in order to increase its body,
cover the body and which are transparent, revealing what is beauty, and luster, imagining that this renders them better
underneath. It is likewise haram to wear tightly fitting clothes looking and more sexually attractive.
which delineate the parts of the body, especially those parts The astonishing thing about this hadith is the connection of
which are sexually attractive. Abu Hurairah narrated that the political oppression with moral laxity. This connection is borne
Messenger, of Allah (peace be on him) said, I will not be a out by facts, since it is the way of rulers to keep people
witness for two types of people who are destined for the Fire: preoccupied with their personal desires and lusts so that they
people with whips, like the tails of cows, who beat the people have no time to think about public affairs.
(i.e., tyrannical rulers who are the enemies of their own
people), and women who, although clothed, are yet naked, Concerning Woman's Imitating Man and Vice Versa
seducing and being seduced, their hair styled like the tilted
The Prophet (peace be on him) declared that a woman should
humps of camels.
not wear a man's clothing nor a man a woman's. He cursed men
These will not enter the Garden nor will its fragrance even
who imitate women and women who imitate men. (Reported
reach them, although its fragrance reaches a very great
by al-Bukhari and others.) Aspects of such imitation include
distance. (Reported by Muslim.) The Prophet (peace be on
the manner of speaking, walking, dressing, moving and so on.
him) described such women as being clothed, yet naked, since
The evil of such conduct, which affects both the life of the
their clothing, being transparent and fine, does not do the job of
individual and of society, is that it constitutes a rebellion
conceling the body but is rather intended to reveal it; such is
against the natural ordering of things. According to this natural
the dress of the women of our time. The Prophet (peace be on
order, there are men and there are women, and each of the two
sexes has its own

56
distinctive characteristics. However, if men become effeminate "On the Day of Resurrection, Allah will not look at the person
and women masculinized, this natural order will be reversed who trails his robe behind him out of pride." (Agreed upon by
and will disintegrate. Among those who are cursed by Allah Bukhari and Muslim.) In order to avoid even the suspicion of
and His angels, both in this world and in the Hereafter, the pride, the Prophet (peace be on him) forbade Muslims to wear
Prophet (peace be on him) has mentioned the man whom Allah garments of "fame" that is, clothes which are worn in order to
has made a male but who becomes effeminate by imitating impress others and which generate competition in vain and idle
women, and a woman whom Allah has made a female but who pursuits. According to a hadith, On the Day of Resurrection,
becomes masculinized by imitating men. (Reported by al- Allah will clothe the one who wears garments of fame with the
Tabarani.) For this reason the Prophet (peace be on him) garments of humiliation. (Reported by Ahmad, Abu Daoud, al-
forbade men to wear fabric decorated with large, loud, or bold Nisai, and Ibn Majah.) A man asked Ibn 'Umar, "What kind of
designs. clothes shall I wear?" Ibn 'Umar replied, "Such as would
In his Sahih, Muslim reported 'Ali as saying, The Messenger of neither invite the scorn of the weak-minded (because of their
Allah (peace be on him) forbade me the wearing of a gold ring, being cheap and ugly) nor the blame of the wise (because of
a silken garment, and clothing with bold designs. Muslim also their being immoderately expensive)." (Reported by al-
reports a hadith from Ibn 'Umar, who said, "The Messenger of Tabarani.)
Allah (peace be on him) saw me wearing two garments having
Artificial Changes of Features
bold designs, and he said, "This is what unbelievers wear. Do
not wear such things." Going to Extremes in Beautification by Changing What Allah
Created Islam denounces such excesses in beautifying oneself
Dressing for the Sake of Ostentation and Pride as require altering one's physical features as Allah created
The general rule for the enjoyment of the good things of life, them. The Qur'an considers such alterations as inspired by
such as food, drink, and clothing, is that their use should be Satan, who ...will command them (his devotees) to change
without extravagance or pride. Extravagance consists of what Allah has created... (4:119) The Prohibition of Tattooing,
exceeding the limits of what is beneficial in the use of the Cutting the Teeth, and Undergoing Surgery for Beautification
halal, while pride is something related to the intention and the Among such excesses are tattooing and shortening the teeth. (A
heart rather than to what is apparent. Pride is the intention to beautification practice of the pre-Islamic Arabs. (Trans. The
look superior and above others, and Allah does not love any Messenger of Allah (peace be upon him) cursed the tattooer
proud boaster. (57:23) The Prophet (peace be on him) said: and the

57
one who is tattooed, the shortener of teeth and the one whose materialistic outlook of Western civilization, a civilization
teeth are shortened. (Reported by Muslim.) As far as tattooing stressing the body and its desires. Men and women spend
is concerned, it permanently disfigures the face and other parts hundreds and thousands of dollars to reshape their noses or
of the body with blue pigment and repulsive designs. Some breasts, or whatever they consider misshapen. This behavior
Arabs, especially women, were in the habit of tattooing large most certainly belongs in the category of excessive
portions of their bodies, while people of certain religious sects beautification, unnecessarily changing what Allah has created,
tattooed pictures of their deities or religious rituals on their and it merits the curse of Allah and His Prophet (peace be on
hands and chests. To all these abominations is added the pain him). It likewise involves torture, pain, and waste of money
and agony which the person being tattooed must undergo from merely for the sake of one's appearance; it is, moreover, an
the pricking of the needles. expression of an individual's preoccupation with form rather
Because all of this, both the tattooer and the one who is than substance, with body rather than with spirit. It may happen
tattooed have been cursed. As for cutting or shortening the that a person has an unusual physical defect which attracts the
teeth, the Prophet (peace be on him) cursed both the men and attention of others to the point of inflicting physical and
the women who do it and the women who request it. If a man psychological pain every time he meets people. In this case, he
does it, he merits an even greater curse. Similarly, the Prophet may treat the defect and thus alleviate the embarrassment
(peace be on him) prohibited widening the spaces between the which made his life miserable. Allah the Most Merciful has
teeth, and he cursed ...Women who widen the gaps between imposed no hardship on us in religion.... (Al Bahee al-Khooly,
their own or others' teeth for the sake of beauty, changing what Al Mar'ah Bain al-Bait wal-Mujtama', 2nd edition, p. 105.)
Allah has created. This statement is perhaps supported by the hadith concerning
Now, Allah obviously created some women with gaps between widening the gap between the teeth for the sake of
their teeth and others without. Some women who have no such beautification, for what is disapproved here is doing this
gaps desire to create them artificially, either by filing or by merely for the sake of
cutting away parts of the adjoining teeth. Islam considers this a
achieving good looks and artificial beauty. However, if it is
form of deception and excessive involvement with personal
needed
beauty, both of which it discourages. From these ahadith of the
Prophet (peace be on him), we also know the ruling of the to eliminate pain or distress, there is nothing wrong with it; but
Islamic Shari'ah concerning plastic surgery.
Allah knows best. Plucking the Eyebrows Among the
Surgeries for beautification are in vogue today as the result of
extremes of beautification prohibited by Islam is alnams,
the
which denotes removing the hair of the eyebrows by plucking

58
in order to thin or shape them. The Prophet (peace be on him) Messenger of Allah (peace be on him) cursed al-wasilah and
cursed both the women who do the plucking and those who almustawsilah," al-mustawsilah," wasilah denoting a woman
seek to have it done. (Narrated by Abu Daoud on good whose profession is making wigs and hairpieces' and
authority.) This practice is particularly frowned upon because it mustawsilah a woman who uses them. Men are prohibited such
is customarily done by prostitutes. According to some Hanbali things to an even greater degree, whether they are a wasil
scholars, if the husband approves it, the removal of facial hair (coiffeur or hairdresser) or a mustawsil, like today's effeminate,
(other than that of the eyebrows) and the use of powder, long-haired young men of the "hippie" mould. The Prophet
creams, and other beauty aids are permitted to women, as this (peace be on him) was very strict in combating such
is part of feminine adornment. deceptions, so much so that if a woman lost her hair due to
Al-Nawawi is somewhat more strict, considering the removal some illness, he did not permit her to add other hair to that on
of facial hair to be al-nams and hence forbidden. In contrast to her head, even if she were soon to be married.
his opinion, we may, however, mention Abu Daud's statement
Al-Bukhari reports 'Aisha's narrative concerning a girl of the
in his Sunan that "al-nams is plucking the eyebrows in order to
Ansar who was married and subsequently fell ill, losing her
thin them," from which wemay conclude that al-nams does not
hair. Some people wanted to add other hair to her own, but
include the removal of facial hair. Al-Tabari reports a narrative
when they asked the Prophet (peace be on him) about this he
concerning the wife of Abu Ishaq, who loved to beautify
replied, Allah has cursed the wasilah and the mustawsilah
herself.
(Reported by al-Bukhari, in his book Clothing, in the chapter
Once she visited 'Aisha and asked, "What if a woman removes
entitled "Adding to the Hair") Al-Bukhari also reports Asma's
the hair from her forehead to please her husband?" 'Aisha
narrative concerning a woman who said to the Prophet (peace
replied, "Remove what is harmful from yourselves whenever
be on him), "O Messenger of Allah, since my daughter has had
possible."(Fath al-Bari, under the explanation of the hadith by
measles, her hair has fallen out, and I am about to give her in
Ibn Mas'ood in the chapter entitled "Pluckers of Eyebrows," in
marriage.
the book Clothing.)
Wigs and Hairpieces Shall I add some strands of hair to her hair?" and the Prophet
In the category of female adornments, the addition of any other (peace be on him) replied, "Allah has cursed the wasilah and
hair, real or artificial, to one's own hair -that is, the wearing of the mustawsilah. (Reported by al-Bukhari.) Sa'id ibn al-
wigs and hairpieces -is also prohibited. It is reported by al- Musayab narrated that Mu'awiyah delivered a public address
Bukhari on the authority of 'Aisha, her sister Asma, Ibn during his last visit to Madinah. In the course of it he took out a
Mas'ood, Ibn 'Umar, and Abu Hurairah that "The strand of hair, saying, "I have not seen anyone using this

59
besides the Jews. Indeed, the Prophet (peace be on him), the authority of Abu Daoud.) meaning the use of wool or silk
referring to the adding of hair to one's own hair, called it to make braids. Imam Ahmad bin Hanbal haalso commented
forgery." According to another report, he said to the people of on its permissibility. (Fath al-Bari.)
Madinah, "Where are your scholars? I heard the Prophet (peace
be on him) prohibiting the use of this and saying, 'The Children Dyeing the Hair
of Israel were destroyed when their women started using this.' " Another aspect of beautification relates to dyeing the gray hair
The Prophet's terming the use of false hair "a forgery" indicates of the head or the beard. It was reported that the Jews and
the reason for its prohibition. Christians refrained from dyeing the hair, regarding such
beautification and adornment as contrary to piety and devotion,
It is, in fact, fraud, falsification, and deception, and Islam
and not befitting rabbis, priests, and ascetics. The Prophet
condemns deception and dissociates itself from those who
(peace be on him) forbade Muslims to imitate these people or
practice it either by material or psychological means, for "The
follow their ways, in order that Muslims might develop their
one who deceives us is not of us." (Reported by a number of
own distinctive and independent characteristics in appearance
sahabah (Companions of the Prophet).) Khattabi said, Harsh
and behavior.
punishments are promised (in the Hereafter for such practices
Al-Bukhari, on the authority of Abu Hurairah, reported the
because they involve deception and fraud.
Messenger of Allah (peace be on him) as saying, "The Jews
If any of these is allowed, the door will be open for other types and Christians do not dye their hair, so be different from them."
of forgeries. Moreover, this involves the alteration of God- (Reported in al-Bukhari's chapter on "Dyeing the Hair" in his
given features, as mentioned in the hadith of Ibn Mas'ood book Clothing.) This is, however, not a command but only a
concerning 'The alterers of Allah's creation. (Fath al-Bari, in recommendation, as is evident from the actions of the sahabah,
the chapter entitled "Adding to the Hair.") What is prohibited such as Abu Bakr and 'Umar, who used to dye their hair, while
in these ahadith is the addition of other hair whether natural or others, such as 'All, Ubay ibn Ka'b, and Anas did not. The
artificial, to one's own, as this is a form of deceit and fraud. question now remains as to what type of dye is to be used.
What is not included in this prohibition is the use of material
other than hair, such as thread or cloth, which can be Should its color be black or can there be other colors? Or
interwover with natural hair. should black be avoided? If a man is of a very advanced age,
with white hair and beard, it would hardly be appropriate for
On the authority of Sa'id ibn Jubair, we have the saying of the
him to use black dye. On the day of the conquest of Makkah,
Prophet (peace be on him): There is nothing wrong with
Abu Bakr brought his
tawamil, (Mentioned in Fath al-Bari on

60
aged father, Abu Qahafah, carrying him until he had seated him saying, "Be different from the polytheists (mushrikeen): let the
in front of the Prophet (peace be on him). On seeing Abu beard grow and trim the moustache." The purpose here, as the
Qahafah's snow-white hair, the Prophet (peace be on him) said, hadith states, is to be different from the polytheists, who, in the
"Change this, but avoid black." (Fath al-Bari, in explaining the particular instance cited, were Zoroastrians, the worshippers of
above mentioned hadith (in the chapter on "Dyeing) However, fire, whose practice was either to clip or shave their beards.
if a man is not of such advanced age or feebleness as Abu The Prophet's command to be different from them was
Qahafah then was, there is no harm in his using black dye. In intended to train the Muslims in developing an independent
this regard al-Zuhri said, "We dyed our hair black when the personality, distinct in its inner reality as well as in outward
face looked young, but discarded it when the face became appearance, in substance as well as in form.
wrinkled and the teeth decayed." (Reported by Ibn Abu 'Asim At the same time, shaving the beard is an affront to the
in the book on "Dyeing the Hair.") masculine nature, as it is an attempt to resemble women, while
Some of the early Muslims, including some sahabah such as the beard is an integral part of masculinity and a distinctive
Sa'd ibn Abi Waqqas, 'Uqbah ibn 'Amr, al-Hassan, al-Hussein, feature of the male sex. However, letting the beard grow does
Jarir, and others permitted the use of black dye. Some scholars, not mean letting it grow wild or so long that it becomes a
on the other hand, do not consider the use of black hair dye as nuisance. One should certainly trim it in both length and
permissible except during time of war, when the enemy might breadth.
be impressed by the fact that all the soldiers of the Muslim This has been recommended in a hadith reported by al-
army look young. Abu Dharr narrated the hadith, The best Tirmidhi; moreover, the Muslims of the first generations did
thing with which to dye gray hair is henna and katm. so. Said 'Ayyad, (The twelfth century author of a well known
(Mentioned in Fath al-Bari.) book about the characteristics of the Prophet. (Trans. "It is
Henna makes the hair red, while katm, a plant from Yemen, makruh to shave the beard or to drastically cut or shorten it, but
colors it black tinged with red. Said Anas, "Abu Bakr dyed his it is mustahab (commendable) to remove something from its
hair with henna and katm, and 'Umar dyed it with henna only." length and breadth if it grows big." Abu Shamah voiced the
complaint that"Some people have started shaving their beards,
Letting the Beard Grow and that is a step further than the Zoroastrians, who used only
The growing of beards is also related to our topic. Al-Bukhari, to trim them." (Fath al-Bari, in the chapter entitled "Growing
on the authority of Ibn 'Umar, reported the Prophet (peace be Beards.") In my view it is regrettable that at the present time
on him) as the majority of Muslims shave their beards in

61
imitation of the foreign elements who have occupied their produces resemblance in outward appearance. This
lands. It is an unfortunate fact that the conquered always psychological fact is borne out by experience and observation.
imitate their conquerors. Today's Muslims have ignored the Says Ibn Taymiyyah: The Qur'an, the Sunnah, and the
Prophet's command that they be different from non-believers consensus of Muslim scholars all teach Muslims to be distinct
and avoid imitating them. from nonbelievers and in general to avoid resembling them.
Indeed, anyone who "imitates a people is one of them." (A Anything which is likely to cause corruption in a hidden and
hadith reported by Abu Daoud on the authority of Ibn 'Umar.) diffuse manner is related to this matter and is likewise
A large number of jurists consider shaving the beard to be prohibited. The imitation of the appearance of the non-
haram on the basis of the Prophet's command. This command believers will lead to imitation of their immoral behavior and
to let the beard grow renders it an obligation, especially evil qualities -indeed, even of their beliefs. Such influences can
because it is for the purpose of being different from non- neither be brought under control nor easily detected, and
Muslims, since maintenance of this distinction from those who consequently it becomes difficult or even impossible to
do not believe is obligatory for Muslims. eradicate them.
Accordingly, whatever is a cause of corruption has been
It has never been reported that any of the Muslims of the
prohibited by the Law-Giver. (Refer to Kitab Iqtida al-Sirat al-
earliest generations neglected this obligation. However, some
Mustaqeem.) Thus, we note that there are three opinions with
modern scholars permit the shaving of the beard under the
regard to the shaving of the beard: one, that it is haram, which
impact of events in response to public opinion, arguing that the
is the opinion of Ibn Taymiyyah and others; two, that it is
growing of the beard was a personal preference of the Prophet
makruh, the opinion of 'Ayyad as mentioned in Al-Fatah al-
(peace be on him) which was not related to religious practice,
Bari but of no one else; and three, that it is permitted, which is
and hence it need not be followed. But the truth of this matter
the opinion of some modern scholars. Perhaps the second
is that growing the beard is required not merely because the
opinion, that it is makruh, is nearer to the truth and more
Prophet (peace be on him) had one but because he explicitly
moderate.
commanded it in order to maintain the distinction from non-
As the stated reason for growing the beard is to be different
believers. Ibn Taymiyyah has convincingly argued that to make
from the non-believers, it is similar to the matter of dyeing gray
the Muslims different from non-believers was the aim of the
hair in order to be distinct from the Jews and Christians; it is
Law-Giver, for resemblance in appearance produces love,
known that some of the sahabah did not dye their gray hair,
friendship, and affinity in feeling, just as love in the heart
signifying that it was commendable rather than obligatory.
Similarly, growing the beard may be regarded as

62
commendable but not obligatory, and, accordingly, shaving it the elements and in which he finds freedom from the
would be classified as makruh rather than haram. It is true that restrictions and pressures of society. It is a place of rest for the
none of the sahabah was known to have shaved his beard. body and relaxation for the mind. That is why Allah Ta'ala, in
Perhaps there was no need to shave, and perhaps growing the mentioning His favors to His servants, says: And Allah has
beard was a custom among them. made for you in your houses, places of rest.... (16:80) The
Prophet (peace be on him) loved spaciousness in the home and
Chapter 2: The Halal And The Haram in the Private Life
considered it as an element conducive to happiness in this life,
of Muslim
saying, Happiness has four elements: a good wife, a spacious
The Home house, a good neighbor, and a comfortable riding beast.
(Reported by Ibn Habban in his Sahih.) He often used to pray
Items Related to Luxurious Living and Paganism fervently, "Our Lord, forgive me my sin, make my house
The Use of Gold and Silver spacious, and bless me in my sustenance." He was asked, "O
-Gold and Silver Utensils Satutes Islam Prohibits Statues Messenger of Allah, why do you supplicate so often in these
-The Wisdom of Prohibiting Statues words?" He replied, "Is anything left out?" (Reported by al-
-The Islamic Manner of Commemorating the Great Nisai and Ibn al-Sunni with a sound chain of transmitters.) The
-The Exemption of Children's Toys Prophet (peace be on him) urged people to keep their houses
-Incomplete or Defaced Statues clean as a vital expression of Islam, which is a religion of
-Paintings and One-Dimensional Ornaments cleanliness.
-The Permissibility of a Debased Figure Photographs Cleanliness is a distinctive characteristic of a Muslim. The
-The Subject Matter of Photographs Messenger of Allah (peace be on him) said, Assuredly, Allah
-A Summary of the Rulings Pertaining to Figures and Their Ta'ala is good and loves goodness, is clean and loves
Makers cleanliness, is generous and loves generosity, is hospitable and
Dogs loves hospitality. So keep your rooms and courtyards clean,
Keeping Dogs Without Necessity and do not be like the Jews. (Reported by al-Tirmidhi.)
The Permissibility of Keeping Hunting Dogs and Watch Dogs
Items Related to Luxurious Living and Paganism
The Findings of Scientific Research Relative to Keeping Dogs
The Home The Muslim may adorn his house with various kinds of
The home is the place in which an individual protects himself flowers, decorated fabrics, and other permitted ornamental
from objects: Say:

63
Who has forbidden the adornment of Allah which He has punishment in the Hereafter. On the authority of Umm Salmah,
brought forth for His servants? (7:32) The Muslim is certainly Muslim reported in his Sahih the Prophet's saying, "Whoever
free to desire beauty in his home and elegance in his clothing, eats or drinks from gold or silver utensils is indeed filing his
shoes, and other items related to personal appearance. Once the stomach with the fire of hell.'' (Reported by Muslim.) Al-
Prophet (peace be on him) said, 'Anyone who has an atom of Bukhari reported on the authority of al-Hudhaifah that "The
pride in his heart will not enter the Garden'. Messenger of Allah (peace be on him) forbade us to drink or
A man then asked, 'What about the one who likes to wear a eat from gold or silver dishes or to wear silken garments or to
handsome robe and good shoes?' The Prophet (peace be on sit on silken cloth. He said, 'They are for them (the unbelievers)
him) replied, 'Surely Allah is beautiful and loves beauty.' in this world and for us in the Hereafter.' (Reported by al-
(Reported by Muslim.) In another version of this hadith, a Bukhari.)
handsome man came to the Prophet (peace be on him), saying, Moreover, what is prohibited for practical use is also forbidden
"I love beauty and have been given some of it, as you can see, to be given as a gift or used as an ornament. These prohibitions
to the extent that I dislike anyone's having a better pair of concerning utensils, spreads, and similar articles apply to men
sandals than I. and women alike, for the purpose of this legislation is to rid the
Is this pride, O Messenger of Allah?" The Prophet (peace be on house of excessively luxurious items. Ibn Qudamah expresses
him) replied, "No. Pride is to reject the truth and to view other this idea in clear terms as follows: Men and women are equal
people with contempt." (Reported by Abu Daoud.) However, in this regard because of the generality of the hadith, and
Islam disapproves of excess, and the Prophet (peace be on him) because the reason for this prohibition is theshow of
disliked the Muslim's filling his house with items of luxury and extravagance and pride on the one hand and the injury to the
extravagance, traits condemned by the Qur'an, or with items feelings of the poor on the other.
related to paganism, the very thing against which the religion The wearing of gold and silk has been permitted to women so
of the Oneness of God has fought with every weapon. that they may beautify themselves for their husbands; this is an
exemption which does not extend to other uses. If it is said, 'If
Use of Gold and Silver Utensils Gold and Silver Utensils the reason you have stated is correct, then utensils made of
In accordance with what has been stated above, Islam has rubies and other precious materials would also have been
prohibited the use of gold and silver utensils, and of pure silk prohibited because they are more expensive (than gold and
spreads in the Muslim house. The Prophet (peace be on him) silver)' to this we reply, 'The poor are not familiar with such
warned that anyone who deviates from this path may incur things, and their feelings will not be injured even if they see
severe

64
the rich using them.' Moreover, the rarity of such things in knowledge), we would tell him that the spokesman of Allah
itself makes their use prohibitive, and hence the need for has explained it: 'Whoever eats or drinks from gold or silver
prohibiting them on the basis of extravagance becomes utensils is indeed filling his stomach with the fire of hell.' (lhya
superfluous. (Al-Mughni, vol. 8, p. 323.) Earlier we mentioned al-'Ulum al-Din. see vol. 4, Thanksgiving and Praise.) Let no
the economic reasons for prohibiting the use of gold ornaments one suppose that this prohibition constitutes a severe restriction
for men. In the present case this reason is even weightier and on the Muslim in his own home, for among wholesome and
more obvious. Gold and silver are universal monetary permissible things there is a great variety from which to choose
standards which facilitate the establishing of prices and the What beautiful vases, containers, and pots have been made of
carrying out of transactions between nations, thus promoting glass; porcelain, copper, and many other materials! Likewise,
trade and commerce. bedspreads, cushions, and tablecloths of great beauty are
It is Allah's favor that He guided people to use them as a means fabricated from cotton, linen, and various other materials.
of exchange. The proper economic usage of gold and silver,
then, is their free circulation; they are not to be hoarded in Statues Islam Prohibits Statues
houses as coins or, worse yet, to be tied up in household Islam has prohibited the keeping of statues in the Muslim
articles and ornamental objects. Imam al-Ghazzali has home. By statues is meant complete, solid figures which have
beautifully enunciated this point in the chapter entitled "Al- not been disfigured or otherwise defaced. Their presence in a
Shukr" (Thankfulness) in his book, Ihya al'Ulum al-Din, in the house is considered sufficient to drive away the angels, who
following manner: represent Allah's mercy and His pleasure. As the Messenger of
Anyone who melts down gold and silver coins to make vases Allah (peace be on him) said, "Assuredly the angels do not
and containers is ungrateful for Allah's bounty and is worse enter a house in which there are statues (or figures)." (Reported
than the one who hoards them. It is like using the mayor of a by al-Bukhari and Muslim; the wording is from Muslim.)
city for sweeping its streets or for sewing garments, or to do According to the commentary of scholars, a person who keeps
jobs which are normally carried out by the lowliest of people. statues in his house is similar to unbelievers, whose practice it
To imprison him would be less insulting. Now, materials such is to keep and venerate idols in their homes.
as porcelain, iron, lead, and copper can replace gold and silver The angels are repelled by this; they do not enter such a house
for making vases and containers, but they cannot replace them and abandon it. It is also forbidden to the Muslim to engage in
as money or as standards of exchange. manufacturing statues, even if he makes them for non-
If a person cannot grasp this point (through his own reasoning Muslims. The Prophet (peace be on him) said: "Among the
and people receiving the harshest punishment on the Day of

65
Resurrection will be the makers of figures," or, in another translation of the Holy Qur'an, Appendix XIII, following Surah
version, "the of Allah's creation." (Reported by al-Bukhari and Nuh(71). (Trans. It is not surprising that a religion which seeks
Muslim.) He also said, On the Day of Resurrection, the maker to haltall corruption should block every passage through which
of a figure will be asked to breathe a spirit into it, and he will shirk(polytheism), either open or hidden, may slip into the
never be able to do so, (Reported by al-Bukhari and others.) minds andhearts of the people. Among such passageways is the
meaning that he will be asked to bring it to life in order to imitation ofidolaters or of the followers of other religions who
reproach and humiliate him. have exaggeratedrespect for their saints. Moreover, Islam's
legislation is not merelyintended for one or two generations but
The Wisdom of Prohibiting Statues is for all mankind for aslong as it shall exist on this planet.".
a. One of the reasons for this prohibition, although not the What may seem unlikely in oneenvironment may become
only one, as some people may suppose, is to safeguard the acceptable in another, and what appearsimpossible at one time
belief in the Oneness of God and to be far-removed from may materialize into reality at another.
the practices of idolaters, who fashion statues and idols
b. Another reason for this prohibition concerns the maker
with their own hands and then sanctify them, standing
ofstatues, the sculptor, himself. Sculptors tend to feel pride
before them in adoration. Islam's sensitivity in
in theirwork, as if they had created something out of
safeguarding the belief in the Unity of God is very acute,
nothing or had givenlife to clay or stone. A sculptor once
and assuredly this caution and concern is quite justified. In
completed a figure after a greatdeal of labor; it was so
the final analysis, the worship of idols originated when
perfect and d so beautiful that he stoodbefore it, lost in
people began making statues of their dead or pious
admiration of its fine lines and features until,overwhelmed
ancestors in order to remember them.
with pride and exhilaration, he 8 said to it, "Speak!Speak!"
Gradually they began to venerate them, adding tothis
This is why the Noble Messenger (peace be on him)
veneration little by little until they had made the statues
said,Those who make figures will be chastised on the Day
intogods, worshipping them besides God, asking them for
ofResurrection.
help, fearingtheir anger, and imploring them for blessings.
They will be e told, 'Put life into what you havecreased.'
This is whathappened, among earlier communities such as
(Reported by al-Bukhari and Muslim.) And in a hadith
the people of Wadd,Suwwa' Yaghuth, Ya'uq, and Nasra.
qudsi, Allah Ta'ala says: Who does greater wrong than he
(Names of pagan deities ofantiquity who are mentioned in
who desires to create the like of what I create? Let them
the Qur'an (71:23). For anexplanation, see for example, the
create an atom! Let them create a grain of barley!
commentary in Yusuf 'All's
(Reported by al-Bukhari and Muslim.)

66
c. Those who engage in this art stop at nothing, producing his death, saying, "Do not make of my grave a site for
statues of nude or erotic figures and the deities and saints festivals," (Reported by Abu Daoud.) and he prayed to his
of other religions. Lord, "O my Lord, do not let my grave be made into an idol to
be worshipped." (Reported by Malik in Al-Muwatta.) Once
A Muslim is not permitted to acquiesce in regards to such
some people came to the Prophet (peace be on him) and
practices. d. Finally, statues have been, and still are, symbols of
addressed him in the following words: "O Messenger of Allah,
aristocratic and luxurious living". People in high places fill
the best of us and the son of the best of us, our leader and the
their palaces, halls, and chambers with statues fabricated of
son of our leader."
many materials. It is not surprising that a religion which
He said, O people, say what you said previously or a part of it,
declares war on luxury in all its manifestations, should prohibit
and do not letSatan mislead you. I am Muhammad, a slave of
the Muslim from having statues in his home.
Allah and His Messenger. I do not like your raising my status
The Islamic Manner of Commemorating the Great above the status which Allah, the Mighty and Glorious, has
Now someone may ask, "Is it t not an expression of a people's given me. (Reported by al-Nisai on good authority.) A religion
loyalty to the memory of its heroes, whose great deeds are whose teachings concerning even the Messenger of Allah
recorded in the annals of history, to erect statues in their honor (peace be on him) is one of such moderation can never tolerate
as a reminder to future generations of their achievements and the erecting of idol-like statues for some individuals, involving
greatness? Peoples' memories are short, and the passage of expenditures running into thousands of dollars so that people
time will make them forget the past." The answer is that Islam may point to them with admiration and esteem.
abhors excessive glorification of people, no matter how "great" Many pretenders to greatness and self-proclaimed makers of
they may be, whether they are living or dead. history have slipped into the hall of fame through this open
The Prophet (peace be on him) said, Do not glorify me in the door, since anyone who is able to do SQ erects statues or
same manner as the Christians glorify Jesus, son of Mary, but monuments to himself, or lets his admirers do it for him, so that
say, 'He is a slave of Allah and His Messenger.' (Reported by people are misled from appreciating those who are truly great.
al-Bukhari and others.) When his Companions wanted to stand The Believers aspire only to that true immortality which can be
up to greet him out of respect, he forbade them, saying, "Do bestowed by Allah alone, Who knows the secret and the
not stand up as the Persians do, some people honoring the hidden, Who neither misleads nor forgets. In His register of
others." (Reported by Abu Daoud and Ibn Majah.) And immortality there is the name of many a person whose
hewarned his followers against praising him excessively after greatness has remained unrecognized by the people. Indeed, the
Most High loves those

67
Godfearing and religious souls who remember Him in the whatever comes from the West, and reflect on ways of
secrecy of their hearts, who do great service without fanfare, commemorating the lofty achievements of the great, we find
whose presence is not felt in a gathering of people and whose the Arabs, in particular, memorializnothing of their great
absence is not missed When the greatness of some of these personages except their noble deeds and good qualities such as
noble souls is recognized by the people, its perpetuation for fidelity, generosity, and courage. Their manner of perpetuating
coming generations is not to be achieved by erecting statues of their memories was to recount tales of their heroes, passing
them. The correct Islamic method of commemoration is to keep them down form one generation to another, and to compose
their memory alive in the hearts and minds by speaking about and recite eulogies in the form of poetry. In this manner the
their good deeds, ideas, and achievements. generosity of Hatim and the bravery of 'Antarah became
The Messenger of Allah (peace be on him), the caliphs, the proverbial in the days before Islam. When Islam came, it
leaders, and the imams of Islam were never immortalized in emphasized the meaning underlying this method. It declared
figures or statues. In this faith the fathers tell their children, and that the best of Allah's creation and the last of His Messengers
they in turn pass on to their own children, the stories of such (peace be on him) was but a mortal man: 'Say: Indeed, I am a
peoples' achievements and ideas. At meetings and gatherings mortal like you; my Lord inspires me.' (18:111) It emphasized
these stories are like breaths of fresh air, filling the hearts and that the worth of human beings lies in their deeds and not in
minds of Muslims without any need for pictures or statues. I their physical form; it made the Messenger (peace be on him)
quote here part of a lecture entitled "Toward a New an example for all mankind to follow; and it forbade such
Understanding of Islam," by Professor Muhammad al- sanctification and exaggerated respect for men which
Mubarak, Dean of the College of the Shari'ah, University of resembles adoration and which, by implication, signifies the
Damascus, delivered at al-Azhar University. The section denigration of the rest of mankind.
quoted here contains an incisive analysis of the whole question When the Messenger of Allah (peace be on him) passed away
of how to perpetuate the memory of the great. to meet his Lord, the first caliph drew peoples' attention to this
We are faced with the situation that many new modes, systems, fact, saying, 'If anyone worshipped Muhammad, then (know
and habits which are inconsistent with our correct beliefs and that) Muhammad is dead, but if anyone worshipped Allah, then
established moral principles have found their way into our Allah is living and does not die.' He then recited the words of
social life. Among these is the manner in which Europeans and Allah Ta'ala: 'Muhammad is but a messenger, messengers (the
Americans like of whom) have passed away before him. If, then, he dies or
commemorate the* heroes by erecting statues of them. If we is killed, will you turn back on your heels?' (3:144) Islam
examine this matter with an open mind, free of subservience to immortalizes the memories of people because of their good

68
and beneficent deeds; the remembrance of them remains in the (may Allah be pleased with her): I used to play with dolls in
hearts of Muslims. Thus, the literate and illiterate, the young the house of the Messenger of Allah (peace be on him) and my
and the old, know about the justice of 'Umar, the firmness and friends would come over to play with me. They would hide
wisdom of Abu Bakr, and the piety and courage of 'Ali. No when they saw the Messenger of Allah (peace be on him)
statue made of stone was needed to commemorate any of them approaching, but he was in fact very happy to see them with
because their deeds and qualities are inscribed in peoples' me, and so we played together.
hearts. Commemoration by means of erecting statues is in (Reported by al-Bukhari and Muslim.) 'Aisha also reported,
reality a regression to the remote past, a descent from a higher One day the Messenger of Allah (peace be on him) asked me,
plane; it was the method of the Greeks and Romans which was 'What are these?' 'My dolls,' I replied. 'What is this in the
adopted by Europeans.... In respect to the concept of the nature middle?' he asked. 'A horse,' I replied. 'And what are these
of man and his true worth, they are far inferior to the Muslims, things on it?' he asked. 'Wings,' I said. 'A horse with wings?' he
even to the pre-Islamic Arabs, since because of their inability asked. 'Have not you heard that Solomon, the son of David,
to grasp the true stature of man and his potentialities, they are had horses with wings?' I said.
able only to conceive of great men as gods, and of their gods as
Thereupon the Messenger of Allah (peace be on him) laughed
men incarnate.
so heartily that I could see his molars. (Reported by Abu
What we are pointing out is that it does not befit us to imitate
Daoud.) The dolls mentioned in the above hadith are the dolls
this alien practice which is inferior to our own, and we must
with which children play, as 'Aisha was quite young when she
not deviate from the ruling of the Shari'ah that making statues
married the Prophet (peace be on him). Al-Shawkani says that
is haram and is harmful to human psychology and morals.
these ahadith are sufficient proof of the permissibility of
children's playing with statue-like three-dimensional figures
The Exemption of Children's Toys
(i.e., dolls of human or animal shape). It is reported that once
If there are some kinds of three-dimensional figures which are
Imam Malik saw a man buying dolls for his daughter and he
not intended to be accorded respect or to be displayed as an
disliked it, but Qadi 'Ayyad says that it is permissible for girls
expression of high living, then the above cautionary statements
to play with dolls. (Because girls are more likely to play with
do not apply. Islam does not close its mind to them, nor does it
dolls than boys, only girls have been mentioned here.
see any harm in their use. Children's playthings such as dolls,
in the form of humans, animals, and the like fall into this However, this does not imply any prohibition for boys to do so.
category. Said the Prophet's wife 'Aisha (Trans. This permission also applies to figures made of sweets
for festive occasions since they are used only as food.

69
Incomplete or Defaced Statues currency, and the like? Concerning this issue, we say that no
It is reported in the books of Hadith that the angel Gabriel general ruling is possible here and that each case is to be
(Jibril) once refused to enter the house of Allah's Messenger judged individually. What does the picture depict? Where is it
(peace be on him) because there was a statue by its door. He placed? What is its use? What was the artist's purpose in
did not enter it again the following day but said to the Prophet making the picture? It is these questions which must be looked
(peace be on him), "Order that the head of the statue be broken into. If the pictures become objects of worship, as for example
off so that it resembles the trunk of a tree." (Reported by Abu the cow does for Hindus, whoever makes them with this
Daoud, al-Nisai, al-Tirmidhi, and Ibn Hibban.) purpose is in reality nothing but an unbeliever propagating
On the basis of this hadith some scholars have argued that what shirk and error. Again, the Prophet (peace be on him)
is haram are complete figures, but if some part of them is threatened such people with dire
missing without which a human being cannot survive, they are punishment in the Hereafter saying, "On the Day of
allowed However, the true and correct interpretation of Jibril's Resurrection the most severe chastisement will be for the
asking that the head be broken off in order to make it look like makers of figures." (Reported by Muslim.) Al-Tabari,
a tree trunk is not that without the head life is impossible, but explaining the meaning of this hadith, says, "What is meant
that the statue was then defaced and consequently viewing it here by makers of figures are those who make figures in order
would not generate feelings of respect toward it. that they may be worshipped besides Allah, and this is unbelief
(kufr).
If we ponder over the matter objectively, we will undoubtedly As for those who do not make them for this purpose, they will
conclude that it is more haram to set up busts in public places be guilty only of making a representation (suar)." Similarly, if
in order to perpetuate the memory of kings and great men than someone hangs such pictures on the wall in order to venerate
to have full figured statues in the home for the purpose of them, his act is not that of a Muslim, for Islam has
decoration. departed from his heart. We next examine the case of the
person who makes pictures not so that they should be
Paintings and One-Dimensional Ornaments
worshiped but so that they may be likened to Allah's creation;
We have explained the Islamic position concerning the solid he feels a sense of pride that he has created as Allah, the
figures we term "statues," but what about figures and art work Exalted and Mighty, has created. Such an individual has
executed on plane surfaces such as paper, cloth, curtains, walls, rebelled against belief in tawheed, and concerning him the
coins, paper Prophet (peace be on him) said,
The most severely punished among people (on the Day of

70
Resurrection) will be those who try to create something similar according to what Allah has revealed, leaders who call people
to what Allah has created. This pertains directly to the intention to a message other than the message of Allah Subhanahu wa
of the artist. Perhaps the hadith qudsi cited earlier, Who does Ta'ala, and artists who glorify falsehood and propagate
greater wrong than he who desires to create the like of what I lewdness and immorality among people. It appears that many
create? Let them create an atom! Let them create a grain of of the portraits made during the time of the Prophet (peace be
barley! bears this out as well. Again, what is referred to here is on him) and thereafter were of the kind which glorify
the intention of those artists who want to imitate Allah's personages; most probably they were painted by Greeks or
attributes of Creator and Originator. Allah's challenge to them Persians, and consequently were never free of the imprint of
to create an atom or a grain of barley points to the fact that their beliefs and the sanctification of their saints and rulers.
their artistic work implies an intention to create something Muslim reported that AbuDuha said, I was with Masrooq in a
similar to what He has created. house which had statues. Masrooq asked me, 'Are these statues
of Khosrau?" (The ruler of Persia. (Trans. said, 'No these are
To shame them for this on the Day of Resurrection, they will
statues of Mary.'
be told publicly, "Bring to life what you created," which of
Masrooq assumed them to be the handiwork of a Magian,
course they can never do. It is prohibited to make or to acquire
because the Magians used to portray the figures of their kings
portraits of individuals who are either revered in a religion or
even on jars, but when it became clear that they were the work
respected for their wordly status. Examples of the first category
of a Christian, he said, 'Abdullah ibn Mas'ud said that he heard
are representations of prophets such as Abraham, Isaac, David,
the Messenger of Allah (peace be on him) say, "Among the
and Jesus; of angels such as Jibril and Mika'eel (Michael); and
people receiving the harshest punishment on the Day of
of saints and righteous individuals such as Maryam (Mary) and
Resurrection will be the makers of figures." ' Drawing,
the like. This is a Jewish or Christian custom. Unfortunately,
painting, and acquiring pictures of plants, trees, and inanimate
some Muslims, making innovations in religion and imitating
objects such as lakes, oceans, ships, mountains, the sun, moon,
the People of the Book, have begun to make and to acquire
stars, and the like from scenes of nature is permitted.
portraits of 'All, Fatimah, and others.
There is no difference of opinion in this regard. Moreover, if
The second category includes portraits of kings, leaders, and someone wants to make a picture of an animate being with no
artists in our time. Although there is less evil in this case, intention of competing with Allah as creator or for its
nevertheless we must emphasize its evil, especially if those glorification or respect, there is no prohibition of doing so;
portrayed are nonbelievers, tyrants, or wrong-doers, such as there are numerous sound
rulers who do not judge

71
ahadith in this regard. Muslim reported in his Sahih, on the because they are reminiscent of those who live in luxury and
authority of Basr ibn Sa'id, who heard it from Zayd ibn Khalid, love things of inferior value. Muslim reported from Zayd ibn
who heard it from Ibn Talha, a Companion of the Prophet Khalid al-Juhani, who quoted Abu Talhah al-Ansari as saying,
(peace be on him), that the Messenger of Allah (peace be on I heard the Messenger of Allah's statement, 'The angels do not
him) said, "The angels do not enter a house in which there are enter a house in which there is a dog or statues.' I then went to
figures." (Reported by Muslim.) Basr said, "Thereafter Zayd see 'Aisha and asked her, 'Are you aware that the Messenger of
became ill and we went to visit him. Allah (peace be on him) said, "The angels do not enter a house
There was a picture on the curtain of his door. I said to my in which there is a dog or statues?" Did you hear the
companion' 'Ubayd Allah al-Khulani, who was the servant of Messenger of Allah (peace be on him) mention this?' She
the Prophet's wife Maymunah, 'Was it not Zayd who told us replied, 'No, but I will tell you what he did. Once when he had
about pictures the other day?' 'Ubayd Allah replied, 'Did you gone on an expedition I draped the door with a curtain having
not hear him when he said, "Except if it is made of cloth?" ' " pictures on it.
Al-Tirmidhi reported on the authority of 'Utbah that once the When he returned and saw it, I could discern from his face that
latter went to visit Abu Talhah al-Ansari, who was ill, and he he disliked it. He pulled it down and tore it apart, saying,
found Sahl ibn Hanif (another Companion) there. Abu Talhah "Allah has not commanded us to clothe stone and clay." 'She
called someone to come and tear up the sheet which was under said, 'We cut it and made two pillows out of the cloth, stuffing
him. "Why tear it up?" Sahl asked. "There are pictures on it, them with palm fibres. He did not criticize me for that.'Nothing
and you know what the Prophet (peace be on him) said can be inferred from this hadith except that to decorate walls
concerning that," Abu Talhah replied. "Did he not also say, and such things with curtains on which there are pictures is
'Except if it is made on cloth?' " Sahl asked. "Yes, but it makes mildly disapproved. Al-Nawawi said, "There is nothing in the
me feel better," Abu Talhah replied. al-Tirmidhi classifies this hadith implying prohibition. In fact, the crucial words are,
hadith as good and sound (hasan wa sahih). Do not these two 'Allah has not commanded us to do that.'
ahadith prove that the figures which are prohibited are those
which are solid, that is to say "statues?" As for figures drawn This implies that such a thing is not obligatory or meritorious;
or printed on wood, paper, cloth, rugs and carpets, walls, and in no way does it imply prohibition." Muslim has also reported
the like, there is no sound, explicit, and straightforward text to from 'Aisha that she said, "We had a curtain with the figure of
prove that they are forbidden. True, there are sound ahadith a bird on it. When the Messenger of Allah (peace be on him)
which merely indicate the Prophet's dislike for such types of entered the house, he saw it right in front of him
pictures

72
and he said, 'Remove it from here. When I enter and see it, I which Allah Ta'ala says, Who does greater wrong than he who
am reminded of this world.' " The Prophet (peace be on him) desires to create the like of what I create? Let them create an
did not tell 'Aisha to tear up the curtain but only to remove it atom! Let them create a grain of barley! As is evident, Allah's
from the place where it hung facing the entrance; he disliked creation does not consist of two-dimensional drawings on a
seeing it there because it brought to his mind the world and its plane surface, for He fashions three-dimensional corporeal
attractions. beings. As he says, It is HeWho fashions you in the wombs as
This is not strange, since the Prophet (peace be on him) used to He pleases.... (3:6) There is only one hadith, narrated by both
perform the sunnah and nafil (voluntary) salat at home. al-Bukhari and Muslim on the authority of 'Aisha, which poses
Curtains and bedspreads or statues perhaps would have some difficulty. 'Aisha said that she bought a cushion with
distracted him from concentration in his salat and complete pictures on it.
attention in his supplications. Al-Bukhari also reported Anas as When the Messenger of Allah (peace be on him) saw it, he
saying, "Aisha had covered a part of her apartment with a stopped at the door and did not enter her apartment. She saw
drape. signs of displeasure on his face and said, "O Messenger of
The Messenger of Allah (peace be on him) told her, 'Take it Allah, I turn to Allah and His Messenger in repentance. What
away from my sight because its figures keep distracting me have I done wrong?" He said, "What is this cushion?" She said,
from my salat.' " It is quite clear from the preceding ahadith "I bought it for you to sit on or to rest your head." The
that the Prophet (peace be on him) did not disapprove of Messenger of Allah (peace be on him) then said, The makers of
having a curtain with a picture of a such figures will be punished and will be told, 'Bring to life
bird and a drape with figures in his house. On the basis of this what you have created.' He continued, 'The angels do not enter
and other similar ahadith scholars of earlier times have a house in which there are figures.'
commented, "What is prohibited are figures which cast In the version of Muslim there is the addition, " 'Aisha said that
shadows (meaning those which are solid) and not those which she then cut it and made two pillows to recline upon."
do not cast shadows (meaning on plane surfaces)." (Al-Nawawi However, this hadith is objectionable on several counts: 1. The
mentions this opinion in his Sharh Muslim but rejects it, saying content of this hadith has been transmitted in many versions
that it represents a wrong position. In Fath al-Bari, al-Hafiz has which appear to be mutually contradictory. Some of them say
traced this opinion on sound authority back to al-Qasim ibn that the Prophet (peace be on him) used the curtain with
Muhammad ibn Abu Bakr, who was a jurist of pictures after it was cut and made into cushions. In other
Madinah and the best of his time.) In further support of this versions there was no
position we again quote the hadith qudsi in

73
curtain to begin with. 2. According to some versions, only his 'Aisha's hadith indicates the disapproval of the Prophet (peace
disapproval of covering walls with printed curtains is be on him), while Abu Talhah's hadith indicates absolute
established, the reason for his disapproval being that they were permissibility, and these two are not contradictory." Al-Hafiz
a sign of luxury. In the version by Muslim he is reported to ibn Hajar agreed with this statement. 6. The transmitter of the
have said, "Allah has not commanded us to clothe stone and hadith of the cushion from 'Aisha was her nephew al-Qasim
clay." ibn Muhammad ibn Abu Bakr. Al-Qasim himself permitted
3. Then there is the hadith from 'Aisha herself, transmitted by pictures on a plane surface. Ibn 'Awm said, "I entered
Muslim, about the curtain with the picture of a bird on it and alQasim's house, which was in the outskirts of Makkah, and I
the Prophet's saying, "Remove it from here. When I enter and saw a cloth canopy with figures of a beaver and a phoenix."
see it, I am reminded of this world." This statement does not (Fath al-Bari, reported on the authority of Ibn Abi Shaybah,
say anything concerning its prohibition. who quotes al-Qasim ibn Muhammad ibn Abu Bakr. The
4. There is also the hadith concerning the drape in 'Aisha's transmitters are sound.) Al-Hafiz explains, "He probably
house which distracted the Prophet's attention from his prayers, adhered to the generality of the Prophet's saying, 'Except if it is
whereupon he instructed her to remove it. Al-Hafiz says, made on cloth,' and understood the Prophet's stand toward
"There is a problem in reconciling this hadith and the hadith of 'Aisha's curtain as a special case.
the cushion, both of which are ascribed to 'Aisha. This hadith
That is, the Prophet (peace be on him) disapproved of the
indicates that he had allowed the drape to remain in the house
combination of draping the wall and of the cloth having
as long as it had not distracted his attention from prayer; he did
pictures on it. This is supported by the remark, "Allah has not
not have any particular objection to the pictures on it." Al-
commanded us to clothe stone and clay." Al-Qasim ibn
Hafiz then tries to reconcile the two ahadith by saying that the
Muhammad ibn Abu Bakr was one of the seven jurists of
cushion had a picture of a living creature while the drape had
Madinah and the best of his time; it was he who transmitted the
pictures of inanimate objects. However, his attempt at
hadith of the -cushion. Consequently, if he had not been
reconciliation fails with respect to the hadith concerning the
convinced of the permissibility of this cloth canopy he would
curtain with the picture of the bird on it.
not have had it.
5. The hadith concerning the cushion contradicts the hadith
reported by Abu Talhah in which figures on cloth were (See the section on "Figures and Artists" in Fath al-Bari) There
exempted. Al-Qurtabi says, "Reconciliation is possible is another way of reconciling these ahadith. Probably in the
between the two (ahadith), as early period of Islam the Prophet (peace be on him) was very
strict

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in prohibiting all pictures, as the Muslims had only recently detestability into that of permissibility. It is reported in the
come out o f the state of polytheism and idol-worship, and hadith that Jibril sought permission of the Prophet (peace be on
were prone to sanctifying figures and statues. As the belief in him) to enter; when he bade him come in, Jibril said, "How can
the Oneness of Allah became deeply rooted in their hearts and I enter while there is a curtain with figures in your house? If
minds, he allowed them two-dimensional figures, that is, you have need of it, cut off the heads (of the figures), or cut it
drawings and prints. As for himself, he disliked having curtains into pieces and make cushions, or use it as a floor-mat." (Al-
or drapes with figures and pictures in his house, not exempting Nisai, as well as Ibn Hibban in his Sahih.)
even drawings or prints on, cloth, paper, or the wall. One of the These words explain why, on observing the Prophet's dislike
great Hanafi jurists, al-Tahawi, says, "In the beginning the of the cushion with the pictures, 'Aisha changed it into smaller
Prophet (peace be on him) prohibited all types of figures, even cushions for reclining upon, in order that by such use there
if they were two dimensional, since the Muslims had only would not be the slightest imputation of respect for what was
recently converted from the worship of images. depicted. We have evidence that the early generations of
Accordingly, everything of this type was prohibited. Later he Muslims used objects with pictures on them but only in a way
lifted the prohibition from cloth with prints because of the which did not denote respect. 'Urwah used arm cushions with
necessity of wearing clothes. He also permitted figures which pictures of birds and men on them. 'Ikrimah said, "We detested
were not treated in a respectful manner, (As is evident from seeing figures in the upright position but did not mind if they
these ahadith, this would include figures which are made into were in rugs or mats, since to tread on them was to debase
pillows or cushions on which to sit or recline, figures them.
in rugs or carpets which are trod upon and the like. (Trans. " Photographs Thus far the word picture (suar) has been used
since there was no danger that the ignorant would venerate in reference to what is drawn, painted, or imprinted on a flat
what was debased. surface. Photography is a recent invention which was
obviously non-existent in the time of the Prophet (peace be on
The prohibition of figures which are not debased was never
him) and the early generations of Muslims. Thus, the question
lifted." (This has been reported by Sheikh Bakhit in AI-Jawab
naturally arises whether the Islamic rulings concerning pictures
al-Shafi.)
and artists apply to photographs and photographers. Those
The Permissibility of a Debased Figure jurists who consider the prohibition to be restricted to statues
Any change in a figure which keeps it from being treated with alone do not see anything objectionable in photographic
respect and renders it debased transfers it from the sphere of pictures, especially if they are not of the full figure. Others
raise many

75
questions. Are photographs similar to drawings? Is it not true whose portrayal is against the beliefs, morals, and laws of
that the reason stated in some ahadith concerning the Islam. Thus there cannot be any doubt concerning the
punishment of figure-makers, namely, imitation of Allah's prohibition of photographs, drawings, and paintings of nude or
attribute of Creatorship, does not apply in the case of semi-nudes, of those parts of the male or female body which
photographic pictures? Does not the absence of the cause of excite lust, or of pictures of men and women in sexy poses
prohibition nullify the prohibition? The late Sheikh such as one sees in various magazines, newspapers, and on the
Muhammad Bakhit, the Egyptian jurist, ruled that since the billboards of movie "heaters. It is haram to make such pictures,
photograph merely captures the image of a real object through to publish them, to buy them, to take them into homes, offices
a camera, there is no reason for prohibition in this case. or shops, or to hang them on walls. It is haram to have the
Prohibited pictures are those whose object is not present and intention of looking at them.
which is originated by the artist, whose intention is to imitate The above applies to pictures of tyrants. The Muslim is
Allah's animal creation, and this does not apply to taking required to detest such people and to feel enmity toward them
photographs with a camera. for the sake of Allah. A Muslim is not permitted to make or
'See the pamphlet, Al-Jawab al-Shafi fi Ibahat al-Taswir al- acquire a picture of a "great" man or leader who is an atheist
Fotografi. Even those who are very strict in classifying all and denies the existence of God; of an idolater who worships
kinds of figures, including photographs, as detestable, exempt, cows, fire, or anything else; of a Jew or Christian who denies
according to necessity, pictures retained for identity cards, the Messengership of Muhammad (peace be on him); or of a
passports, keeping a record of suspects and criminals, pictures professed Muslim who does not decide matters according to
for instructional purposes, and so on, with the proviso that what Allah has revealed.
there is no intention of respect or sanctification of these Likewise, a Muslim should not make or acquire pictures of
pictures which would affect Islamic belief. The need for such immoral individuals who propagate obscenity and lewdness in
pictures is definitely greater than the "prints" on cloth which society, such as singers, actors, and other entertainers. Similar
were exempted by the Prophet (peace be on him). is the case of pictures which portray polytheistic rituals or
symbols of other religions abhorrent to the Islamic teachings,
The Subject Matter of Photographs such as idols, crosses, and the like. Probably during the time of
Accordingly, if any kind of photograph is to be prohibited, the the Prophet (peace be on him) a great majority of rugs,
subject matter will be the determining factor. No Muslim curtains, and cushions bore these types of pictures.
would disagree concerning the prohibition of photographing Al-Bukhari reported that the Prophet (peace be on him) broke
subjects everything in his house which was made in the shape of a

76
cross. (Reported by al-Bukhari.) Ibn Abbas narrated that, remnants of idolatry, and that is why he described a return to
during the conquest of Makkah, the Messenger of Allah (peace any such practice as rejection of the message revealed to him.
be on him) did not enter the Sacred House (the Ka'aba) until all A Summary of the Rulings Pertaining to Figures and their
the figures in it were destroyed. (Reported by al-Bukhari.) Makers We summarize here the rulings pertaining to figures
There is no doubt that these figures and images represented the and figure-makers. 1. The most strictly prohibited figures are
idolatrous practices of the Makkans and were the legacy of those which are made to be worshiped in the place of or in
generations of unbelief and error. 'All ibn Abu Talib narrated, addition to Allah Subhanahu wa Ta'ala. If the one who makes
The Messenger of Allah (peace be on him) was attending a them does it intentionally for this purpose, he is going in the
funeral and he said, 'Who among you is capable of going to direction of unbelief (kufr).
Madinah and leaving no idol unbroken, no grave unleveled, The most detestable among such figures are statues. Anyone
and no picture undefaced?' A man said, 'O Messenger of Allah, who has a share in propagating or glorifying them will bear the
I am able to do it.' sin proportional to his part. 2. Next to this in sinfulness are
He went, and after a time returned and reported, 'O Messenger figures which are not made to be worshiped but which are
of Allah, I left no idol unbroken, no grave unleveled, and no intended to imitate Allah's creation. If the artist claims that he
picture undefaced.' Then the Messenger of Allah declared, originates and creates as Allah does, he is an unbeliever. This
'Anyone who returns to this sort of practice will have rejected matter pertains solely to the intention of the artist.
what was revealed to Muhammad.' (Reported by Ahmad. Al- 3. After this are statues which are erected in public places in
Mondhari commented, "It has insha'Allah good transmitters." order to commemorate great personalities such as kings,
Muslim reported on the authority of Hayyan ibn Hasein that the leaders and celebrities; this applies equally to full-length
latter said, " 'Ali told me, 'I shall tell you what the Messenger statues and to busts.
of Allah (peace be on him) told me: 4. Next are statues of living beings which are neither
worshipped nor reverenced. There is general agreement that
"Do not leave any figure without mutilating it or any grave
they are haram, except those which are not treated in a manner
without leveling it." ' ") What could these pictures have been
indicative of respect. Dolls or figures made of chocolate or
which the Prophet (peace be on him) commanded to have
sugar are clear exceptions.
defaced and mutilated except a representation of the idolatry of
5. Next are portraits of great people such as rulers and political
the period of jahiliyyah? The Prophet (peace be on him) was
leaders, especially when they are displayed or hung on walls.
determined to purify Madinah of the
Strongly prohibited among these are portraits of tyrants,

77
atheists, and immoral individuals, for to respect them is to unhygienic due to their licking of them. The Prophet (peace be
degrade Islam. on him) said, "If a dog licks a plate (or pot), clean it seven
times, of which one time should be with sand (or earth)."
6. Next are pictures of people or animals which are not
(Reported by al-Bukhari.) Some scholars are of the opinion that
accorded respect but constitute a display of luxury and high
the reason for prohibiting the keeping of dogs may be because
living, as, for example, when they cover a wall or the like.
they bark at visitors, scare away the needy who come to ask for
These are classified as detestable only.
charity, and chase and try to bite passers-by.
7. Making and acquiring drawings or paintings of trees, lakes,
The Prophet (peace be on him) said, Jibril came to me and said,
ships, mountains, and landscapes of this sort is permitted.
'I came to you yesterday but what stopped me from entering
However, if they distract from worship or lead toward
was that there was a statue at the door, a curtain with figures on
extravagant living, they are disapproved.
it in the house, and a dog inside the house. So order that the
8. Photographic pictures are basically permissible. They
head of the statue be broken off so that it resembles the trunk
become haram only when the subject matter is haram, as, for
of tree, that the curtain be cut and made into two pillows to
example, in the case of idols, individuals who are revered
recline on, and that the dog be taken out.' (Reported by
either because of their religious or worldly status, especially
AbDaoud, al-Nisai, al-Tirmidhi, and by Ibn Hibban in his
the leaders of idolaters, Communists or other unbelievers, or
Sahih.)
immoral individuals such as actors and entertainers.
9. Finally, if the prohibited statues and pictures are defaced or
This prohibition is limited to keeping dogs without need or
degraded, their use becomes permissible; an example of this
benefit. The Permissibility of Keeping Hunting Dogs and
are figures on a rug or carpet, because they are walked upon.
Watch Dogs
Dogs which are kept for a purpose, such as hunting, guarding
Dogs Keeping Dogs Without Necessity
cattle or crops and the like are exempted from the above ruling.
Keeping dogs inside the house without any necessity merely as
In a hadith reported by both al-Bukhari and Muslim, the
pets was forbidden by the Prophet (peace be on him). When we
Prophet (peace be on him) said, Whoever keeps a dog except
observe how lavishly the well-to-do treat their dogs while
for hunting or for guarding crops or cattle will lose one large
despising their relatives, and how much attention they give
measure (qirat) of his reward each day. On the basis of this
their dogs while neglecting their neighbors, we realize the
hadith some jurists argue that the keeping of dogs as pets can
wisdom of this prohibition.
be classified as makruh rather than haram, as the haram is
Moreover, the presence of a dog makes the household utensils
absolutely prohibited without regard to whether there is a

78
decrease in reward or not. However, the prohibition of keeping He says: The increasing interest shown by many people in
dogs in the house does not mean that dogs may be treated recent times in keeping dogs as pets has compelled us to draw
cruelly or that they should be eradicated. Referring to the public attention tothe dangers which result from this, especially
following verse of the Qur'an, There is not an animal on the because pet dogs are hugged and kissed and permitted to lick
earth, nor a bird flying upon two wings, but comprise nations the hands of the young and the old, and what is worse, to lick
like yourselves. (6:38), the Prophet (peace be on him) said, "If the plates and utensils which are used by human beings for
dogs were not a nation (ummah) amongnations, I would have eating and drinking.
ordered that they be killed.'' (Reported by Abu Daoud and al- Besides being unhygienic and uncouth, this practice is bad
Tirmidhi. (This was said by the Prophet following Jibril's manners and abhorrent to good taste. However, we are not
remark that angels do not enter a house in which there is a dog. concerned with such matters. leaving them to be addressed by
Trans. The Prophet (peace be on him) told his Companions a teachers of etiquette and good taste. Rather this article is
story concerning a man who found a dog in the desert panting intended to present some scientific observations. From the
and licking the dust due to thirst. The man went to a well, filled medical point of view, which is our main concern here, the
his shoes with water, and relieved the dog's thirst. Said the hazards to human health and life from keeping and playing
Messenger of Allah (peace be on him), " Allah appreciated this with dogs are not to be ignored.
and forgave him all his sins." (Reported by al- Many people have paid a high price for their ignorance, as the
Bukhari.) tapeworm carried by dogs is a cause of chronic disease,
sometimes resulting in death. This worm is found in man, in
The Findings of Scientific Research Relative to Keeping cattle, and in pigs, but it is found in fully-developed form only
Dogs in dogs, wolves and rarely in cats. These worms differ from
Some lovers of the West in Muslim countries claim to be full others in that they are minute and invisible, consequently, they
of love and compassion for all living creatures and they wonder were not discovered until very recently. He continues,
why Islam warns against this "best friend" of man. For their Biologically the developmental process of this worm has some
benefit, we quote here a lengthy excerpt from an article by the unique characteristics.
German scientist, Dr. In the lesions caused by them, one worm gives rise to many
Gerard Finstimer, (Translated from the German magazine heads which spread and form other and varied kinds of lesions
Kosinos.) in which the author sheds light on the dangers to and abscesses. These heads develop into full-grown worms
human health resulting from keeping dogs or coming in contact only in dogs' tonsils. In humans and in other animals
with them.

79
they appear as lesions and abscesses completely different from southeastern Australia, and Holland, where dogs are used for
the tapeworm itself In animals the size of an abscess may reach pulling sleds, the incidence rate of tapeworm among dogs is 12
that of an apple, while the liver of the infected animal may percent. In Iceland the number of people who suffer from the
grow from five to ten times its normal size. In human beings inflammation caused by this worm has reached the rate of 43
the size of the abscess may reach that of a clenched fist or even percent. If we add to this the human suffering, the loss of meat
the head of an infant; it is filled with yellow fluid weighing because of infection of cattle, and the permanent danger to
from ten to twenty pounds. human health because of the presence of tapeworms, we cannot
be very complacent toward this problem.
In the infected human it may cause diverse kinds of
Perhaps the best way to combat the problem is to limit the
inflammations in the lungs, muscles, spleen, kidneys, and
worms to dogs and not let them spread, since in actuality we
brain, and appears in such different forms that specialists, until
need to keep some dogs. We should not neglect to treat dogs
very recently, had difficulty in recognizing it. In any case,
when necessary by getting rid of the tapeworms in their tonsils
wherever this inflammation is found, it poses great danger to
and perhaps repeating this process periodically on shepherd
the health and life of the patient. What is worse is that, in spite
dogs and watchdogs. Man can protect his life and health by
of our knowledge of its life history, origin, and development,
keeping a safe distance from dogs.
we have not been able to devise a cure for it, except that in
He should not hug them, play with them, or let them come
some instances these parasites die out, possibly because of
close to children. Children should be taught not to play with
antibodies produced in the human body.
dogs or to fondle them. Dogs should not be permitted to lick
Unfortunately, cases in which such parasites die without children's hands or come to places where they play.
causing damage are rare indeed. Moreover, chemotherapy has Unfortunately, dogs are allowed to roam about everywhere,
failed to produce any benefit, and the usual treatment is especially in places where children play, and their bowls are
surgical removal of the abscessed parts of the body. For all scattered throughout the house. Dogs must have their own
these reasons we should use all possible resources to fight separate bowls, and they must not be allowed to lick bowls and
against this dreadful disease and save man from its dangers. plates used by humans.
Professor Noeller, through post-mortem dissection of human They should not be allowed inside grocery stores, restaurants,
bodies in Germany, found that the incidence of infection with or marketplaces. In general, great care must be taken that they
dogs' worms is at least one percent. In some places such as do not come in contact with anything which is used by people
Dalmatia, Iceland, for eating and drinking. We already know that the Prophet
(peace be on him) forbade mixing with dogs, and that he

80
warned against their licking plates and against keeping them Work and Earning Livelihood
without necessity. How is it possible that the teachings of an It is He Who has made the earth submissive to you; so traverse
unlettered Arab, Muhammad, should agree with the latest its paths and eat of what He provides you.... (67:15) The
findings of scientific research? Truly, we cannot say anything fundamental attitude of Islam toward man's position in the
except to repeat the words of the Qur'an: Nor does he world is that Allah Subhanahu wa Ta'ala has made the earth for
speakfrom (his own) desire. It is nothing other than a revelation the benefit of man, to whom He has given control over it. It is
sent down. (53:3-4) the duty of man to profit from this favor and to exert himself to
seek Allah's bounties throughout the earth.
Chapter 2: The Halal And The Haram in the
The Obligation to Work If One Is Able
Private Life of Muslim It is not permitted to the Muslim to avoid working for a living
Work and Earning Livelihood on the pretext of devoting his life to worship or trust in Allah,
as gold and silver certainly do not fall from the sky. It is also
Work and Earning Livelihood not permissible for him to depend on charity while he is able to
The Obligation to Work If One Is Able earn what is sufficient for his own and his family's needs
When Begging is Allowable through his own efforts.
Dignity of Work In this regard, the Prophet (peace be on him) has said, "Charity
Agriculture is halal neither for the rich nor for the able bodied." ('Reported
-Earning Through Agriculture by al-Tirmidhi.) The Prophet (peace be on him) made it haram
-Prohibited Crops for the Muslim to beg from others without dire necessity thus
Industries losing his honor and his dignity. He said, "He who begs
-Industries and Professions without need is like a person holding a burning coal in his
-Industries and Professions Condemned by Islam hand.'' (Reported by al-Bayhaqi and by Ibn Khazimah in his
Trade Sahih.)
-Prohibited Kinds of Trade He also said, Anyone who begs from people in order to
-Salaried Employment increase his wealth will have his face scratched on the Day of
-Prohibited Types of Employment Resurrection, and will eat burning stones from hell; so let him
A General Rule in Earning a Living reduce it (his punishment) or let him increase it as he pleases.

81
(Reported by al-Tirmidhi. (The meaning here is that it is up to For a man who suffers calamity and loses his property, it is
him to decrease his punishment by not begging, and vice-versa. permissible for him to ask until he is able to stand on his own
Trans. Again, he said, "A person keeps on begging until he feet. For a man who is starving, until three reliable persons
meets Allah (on the Day of Resurrection) with no flesh on his from his community say, "That man is reduced to hunger; it is
face." (Reported by al-Bukhari and Muslim.) By such strong permissible for him to ask until he is able to stand on his own
admonitions, the Prophet (peace be on him) intended to train feet." Except for these, Qubaysah, begging is fire, it is eating
the Muslim to safeguard his dignity, to develop self-reliance, fire.' (Reported by Abu Daoud and al-Nisai.)
and to be far-removed from dependence on others.
Dignity of Work
When Begging is Allowable Some people regard certain kinds of work or professions as
The Prophet (peace be on him) was, however, aware of contemptible. However, the Prophet (peace be on him) denied
situations of necessity. If, under the pressure of need, one is the validity of this notion. He taught his Companions that the
forced to ask for financial help from the government or from whole of a human being's dignity is tied up with his work -any
individuals, he is blameless. Said Allah's messenger (peace be sort of work and that real disgrace and humiliation consist of
on him): Begging is similar to scratching the flesh off your depending on other people's help. He said, It is better that a
face; so if someone wants to save his face he should avoid it, person should take a rope and bring a bundle of wood on his
except for asking from the ruler or asking in case of dire need. back to sell so that Allah may preserve his honor, than that he
(Reported by Abu Daoud and al-Nisai.) should beg from people, (regardless of) whether they give to
In his Sahih, Muslim reported Abu Bishr Qubaysah ibn al- him or refuse him. (Reported by al-Bukhari and Muslim.) The
Makharaf as saying, "I agreed to pay himalah (an amount of Muslim can earn his livelihood by agriculture, trade, or
money paid to two quarreling parties in order to make peace industry or by any profession or employment as long as it does
between them) and came to the Messenger of Allah (peace be not involve doing, supporting, or propagating anything haram.
on him) asking for help. Thereupon the Prophet (peace be on
him) said, 'Wait until alms (sadaqah) are brought to us and we Agriculture Earning Through Agriculture
will give you from that. Qubaysah,' he continued, 'asking for In the Qur'an, while referring to His bounties and favors to
money is not permissible except in three cases: for a man who man, Allah Ta'ala mentions the principles required for the
takes it upon himself to pay himalah, he may ask people for pursuit of agriculture. He has spread out the earth and made it
help until the designated amount is received and then he should suitable and fertile for cultivation and production; this is a
stop asking. bounty to human

82
beings which they ought to recall and to be thankful for: And human being eats from it without its being accounted as a
Allah has spread out the earth for you, so that you may make (rewardable) charity for him. (Reported by al-Bukhari and
your way through its spacious paths. (71:19-20) And He has Muslim.) He also said, When a Muslim plants a plant, anything
spread out the earth for (His) creatures. In it is fruit, and date eaten of it or stolen from it, until the Day of Ressurection, is
palms with spathes, and husked corn, and scented herbs. Then accounted as a charity for him. (Reported by Muslim.) The
which of the favors of your Lord will you deny? (55:10-13) He implication of these ahadith is that the reward of the person
has also provided water in abundance. who plants a tree or a crop continues as long as the produce of
He sends it down as rain and makes it flow in streams to revive this tree or crop is eaten or used, even though he may have sold
the earth after it is dead. And it is He Who sends down water it to someone else.
from the sky. With it We then bring forth vegetation of all The scholars have said, It is Allah's generosity that He
kinds; from some We produce green (crops) out of which We continues to add to the reward of a person even after his death,
produce grain heaped up at the harvest.... (6:99) Then let man just as when he was alive, for six things: for the charity whose
look at his food, how We pour forth water in abundance, then benefits continue, for knowledge which is used, for righteous
We split the earth into fragments and produce therein corn and children who pray for him, for the trees he planted, for the
grapes and nutritious plants. (80:24-28) crops he sowed, and for territorial borders he guarded. Once a
Further, He sends the winds, with "good tidings" to drive the man passed Abu al-Darda while he was planting a walnut tree.
clouds and scatter the seeds: And We have spread out the earth The man said, "Are you planting this even though you are a
and placed firm hills therein, and produced in it all kinds of very old man?
things in due balance. And We have made means of sustenance
This tree will not bear fruit for many years." "What of it?" Abu
in it for you and for those whom you are not the providers. And
al-Darda replied. "Others will eat of its fruit, and the reward
there is not a thing but its sources are with Us, and We send it
will be mine." One of the Companions of the Prophet (peace be
down only in appointed measures. And We send the fertilizing
on him) said that he had heard the Messenger of Allah say, If
winds, and send down the rain from the sky and give it to you
anyone plants a tree, patiently protects it, and looks after it
to drink, although you are not the guardians of its stores.
until it bears fruit, Allah the Mighty and Glorious will count as
(15:19-22)
charity for him anything for which its fruits are used. (Reported
In all these Qur'anic verses there is encouragement for man to
by Ahmad.)
engage in agricultural activity, for it has been made easy for
him as a divine favor. The Prophet (peace be on him) said, On the basis of these sayings of the Prophet (peace be on him),
When a Muslim plants a plant or cultivates a crop, no bird or some scholars have argued that agriculture is the best of

83
occupations. Others say that manufacturing and working with point of view it would be extremely undesirable if people
the hands are best, while still others consider trade to be the limited their economic efforts solely to agriculture, a situation
best. (See al-Qastalani's commentary on al-Bukhari.) In trying analagous to supposing that the inexhaustible oceans had no
to reconcile these positions, some researchersay that it all use other than the extraction of pearls from their depths.
dependupon circumstances: if food is scarce, agriculture is the Warning Muslims that confining their activity only to
best if people need goods, trade is the best; while if agriculture and pastoral pursuits would expose them to various
manufactured goods are needed, industry is the best. This dangers such as defeat, humiliation, and the loss of religious
conditional preference seems to be in the closest agreement freedom, the Prophet (peace be on him) said, If you deal in
with modern scientific thought. usury, calling it by other names, and hang onto the tails of
cows, being satisfied with cultivation and ceasing to perform
Prohibited Crops jihad, (Striving or fighting in the cause of Allah. (Trans. Allah
It is haram to cultivate a plant, such as hashish and the like will inflict a disgrace upon you which will not be removed
which is haram for eating or which has no other known use until you return to your religion. (Reported by Abu Daoud.)
except what is harmful. The case of tobacco is of this nature; Thus, in addition to agriculture, the Muslim must develop such
whatever be the classification of smoking, whether haram or industries, crafts, and professions as are essential for the life of
makruh, the growing of tobacco is similarly classified. We a community, for the strength of a free and powerful nation,
ourselves prefer to classify smoking as haram. and for the posterity and wealth of a country. As the great
It is not a valid excuse for the Muslim to say that he is growing scholars and jurists have explained, the essential industries and
the haram crop in order to sell it to non-Muslims, for the professions are not merely permitted by the Islamic Shari'ah,
Muslim is never permitted to be a party to the propagation of they are in fact an obligation on the Muslim community as a
what is haram. This is similar to a Muslim's raising pigs in whole.
order to sell them to Christians, which is clearly unlawful. As Such obligations are termed "the obligations of sufficiency"
we have seen, even a halal item such as grapes cannot be sold (fard kifiyah); that is to say, the Muslim community must
to others if it is known that they will use them to make wine. include among its members people engaged in every essential
science, industry, and profession in numbers sufficient to meet
Industries Industries and Professions its needs. If there is a shortage of qualified persons in some
Agriculture is essential, and Islam persuades people to engage field of essential science or industry, the entire Muslim
in it by pointing to the benefits in this world, and the rewards community is blameworthy, especially those in positions of
inthe Hereafter resulting from it. However, from the Islamic authority. Imam al-Ghazzali says: Sciences whose

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knowledge is deemed fard kifayah comprise every area which Will you then be thankful? (21:80) He says about
is indispensable for the welfare of this world, such as the Solomon: ...And We made a fountain of molten copper flow
following: medicine, which is necessary for the life of the for him; and of the jinn there were those who worked in front
body; arithmetic, for daily transactions and the division of of him by his Lord's permission. And if any of them turned
legacies and inheritances, as well as others besides. These are aside from Our command, We made him taste the penalty of
the sciences without which, because of their absence, a the blazing fire. They worked for him as he desired, (making)
community would be reduced to narrowstraits. synagogues and statues, basins as large as reservoirs and
But should one who can practice them arise in the community, boilers built into the ground.
it would suffice, and the obligation to acquire their knowledge Give thanks, O House of David.... (34:12-13) And He says
would cease to be binding upon the rest of the community. No about Duhl-Qarnayn and his building the high dam: He said,
one should be surprised when we say that medicine as well as 'That in which my Lord has established me is better (than
arithmetic are of the sciences which are fard kifayah, as are the tribute). Therefore, (if you) help me with your strength, I will
basic industries, such as agriculture, weaving, politics, and erect a barrier between you and them. Give me blocks of iron.'
even cupping and tailoring. Then when he had filled up the space between the two cliffs, he
For if a town should lack a cupper, extinction would overtake said, 'Blow (with your billows).' Then when he had set it afire,
its people and they would be driven to expose themselves to he said, 'Give me molten copper to pour on it.'
destruction. Has not He Who has sent down the malady also Thus, they were unable to scale it, nor were they able to dig
sent down the remedy, given guidance for its use, and prepared through it.' (18:95-97) Allah mentions the story of Noah (Nuh)
the means for administering it? It is not, therefore, permissible and the construction of the ark, and He also mentions great
to expose oneself to destruction by neglecting the remedy. ships the size of mountains which sail the seas: And among His
(Ihya 'Ulum al-Din, vol. 1 (The Book of Knowledge) translated signs are the ships on the sea, like mountains. (42:32) The
by Nabih Amin Faris Sh. Muhammad Ashraf, Lahore, Qur'an also mentions hunting in all its varied forms, from the
Pakistan, 1966, p. 37) catching of fish and the pursuit of land animals to diving in the
The Qur'an mentions many industries, terming them Allah's deep for pearls, coral, and the like. In addition to this, the
favor and bounty. Allah Ta'ala says concerning David (Daoud), Qur'an has informed us about the value of iron in such
...And We made iron soft for him (commanding): Make thou emphatic terms as are apt to be found in any other previous
coats of mail and balance the links.... (34:10-11) And We book, religious or secular.
taught him the art of making garments (of mail) to protect you After mentioning the sending of prophets to the people and
from your violence. revealing the scriptures, Allah Ta'ala

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says: ...And We send down iron, in which there is great Adam was a farmer, Noah a carpenter, Idris a tailor, and Moses
strength and benefits for mankind.... (57:25) It is not surprising a shepherd.''(Reported by al-Hakim.) Since every prophet of
that the surah containing this verse was given the title of Al- Allah had some occupation, the Muslim should derive
Hadid (Iron). Any sort of work which fills a need in the society satisfaction in his occupation or profession. A hadith states:
or brings real benefit is regarded as good, provided the person Noone earns his food better than the onewho worked with his
performs it in a proper manner, as is required by Islam. Islam hands, and the prophet of Allah, David earned his food by
gave dignity to many professions which people considered working with his hands. (Reported by al-Bukhari and others.)
lowly and degrading -for example, the occupation of
shepherding. Industries and Professions Condemned by Islam
Although people do not usually look upon shepherds with Islam has prohibited certain professions and industries to its
esteem or honor, the Prophet (peace be on him) said, ' Allah followers because they are harmful to the beliefs, morals,
did not send a prophet without his having tended sheep', They honor, or good manners of the society. Prostitution:
asked, 'You too, O Messenger of Allah? He replied, 'Yes. I Prostitution, for example, is legal in many countries of the
tended sheep for wages for the people of Makkah'. ('Reported West; permits and licenses are issued to those who ply this
by al-Bukhari.) Muhammad (peace be on him), the Messenger trade, and prostitutes enjoy rights similar to other professionals.
of Allah and the Seal of the Prophets, used to tend sheep! Islam absolutely rejects and condemns this practice, and
Moreover they were not even his own sheep but belonged to forbids any female, free or slave, to earn money by selling her
the people of Makkah, and he tended them for fixed wages. He sexuality.
told his Companions this in order to teach them that honor During the period of jahiliyyah some people used to exact a
belongs to those who work, and not to those who sit idle and daily tribute from their female slaves without caring in what
are parasites. manner they earned this money to pay their masters. A
The Qur'an tells the story of the Prophet Moses (Muse) (peace majority of them had to resort to prostitution; some masters
be on him) who worked for eight years as a hired man to gain even forced their slave-girls to prostitution in order to earn a
the hand of an old man's daughter in marriage. Moses was an paltry fee. When Islam came, it lifted this disgraceful burden
excellent worker and employee; the old man's daughter had from its sons and daughters. Allah Ta'ala revealed, ...And do
displayed real insight into his character. She said, O my father, not force your slave-girls to prostitution if they desire chastity,
employ him; truly, the best for thee to employ is the strong and in order that you may seek the pleasures of this world's life....
trustworthy one. (28:26) Ibn 'Abbas said, "David was a maker (24:33) Ibn 'Abbas narrated that Ibn Ubayy, the chief of the
of coats of mail and shields, hypocrites of

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Madinah, came to the Prophet (peace be on him), bringing with and Similar Articles: As we have already seen, Islam prohibits
him a very beautiful slave-girl named M'uadhah, and saying, the acquisition of statues and even more strongly the making of
"O Messenger of Allah! She belongs to such and such orphans. them. Al-Bukhari reported on the authority of Sa'id ibn Abu al-
Will you not allow her to commit fornication so that they may Hasan that the latter said, "I was with Ibn 'Abbas when a man
receive the price of it?" "No!" replied the Prophet (peace be on came and said to him, 'O Ibn 'Abbas, I earn my living with my
him). (Tafsir of Fakhr al-Deen al-Razi, vol. 23, p. 320.) Thus own hands. I make these figures.' 'I shall tell you,' said Ibn
the Messenger of Allah (peace be on him) forbade this 'Abbas 'only what I heard from the Messenger of Allah (peace
abominable profession, regardless of who might derive benefit be on him). I heard him say, 'Allah will punish anyone who
from it, rejecting any claim concerning need, distress, or any makes figures until he breathes spirit into them, which he can
other worthy purpose in order that Muslim society might never do.' Seeing the man extremely upset, Ibn 'Abbas added,
remain pure of such degrading practices. 'What ails you? If you must make figures, then make them of
trees or of something which has no soul.' ''(Reported by al-
Dancing and Other Erotic Arts: Bukhari.)
Similarly, Islam does not permit sexually exciting dancing or And the same obviously applies to the making of idols and the
any other erotic activity, such as suggestive or obscene songs, like. As for drawing, painting, or photography, we stated
provocative dramas, and every type of rubbish which some previously that they are either permitted or at worst
people today term "art" and "progress." The fact is that Islam disapproved, depending on what comes closest to the spirit of
prohibits every sort of sexual contact and sexual relationship the Islamic legislation. Of course, as was explained earlier,
outside marriage. This is the secret behind the significant their subject matter should not be sexually provocative, as, for
words of the Qur'an prohibiting fornication and adultery (both example, the erotic parts of the female body or a man and
of which are known as zina in Arabic). And do not come near woman in a state of intimacy, and should not be of someone
zina; indeed, it is an abomination and an evil way. (17:32) This sacred or respected, such as the angels or the prophets.
indicates that not only is zina forbidden, but likewise anything Manufacturing Intoxicants and Drugs: Earlier we saw that
which brings one near to it. Islam prohibits any participation in the promotion of alcoholic
Everything to which we have referred above, as people are beverages, whether it be in their manufacture, distribution, or
well aware, for example, provocative dances and songs, consumption, and that anyone who participates in any of these
constitutes "coming near zina;" these things are certainly is cursed by the Messenger of Allah (peace be on him). The
intended to tempt, excite, and lead one toward such sin. And case of other intoxicants and drugs, such as hashish, cocaine,
what havoc they wreak in the lives of people! Making Statues and the like, is the same;

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manufacturing, distributing, or consuming any of them is among His signs are the ships on the sea, like mountains.
haram. In short, Islam prohibits the Muslim to work in any (42:32) Allah reminds the people of Makkah that He caused
industry, business or profession which deals in, or promotes, their city to become a commercial center of the Arabian
anything which is haram. peninsula: ...And have We not established for them a secure
sanctuary, to which is brought produce of all kinds, provision
Trade The Qur'an and the Hadith of the Prophet (peace be on from Ourselves...? (28:57) Thus was answered Abraham's
him) urge Muslims to engage in trade and commerce, and to prayer: Our Lord! Verily, I have settled some of my progeny in
undertake journeys for what the Qur'an refers to as "seeking the a valley without cultivation by Thy Sacred House, Our Lord, in
bounty of Allah." In fact, Allah mentions those who travel for order that they may establish salat.
the purpose of trade side by side with those who fight in His Then incline the hearts of some of the people with love toward
cause: ...Others travel through the land, seeking the bounty of them, and provide them with fruits in order that they may be
Allah, and still others fight in the cause of Allah.... (73:20) grateful. (14:37) Allah counted it as His favor upon the Quraish
Allah mentions merchant ships, which are the principal means that He facilitated for them their two commercial journeys each
of transporting goods throughout the world, as one of His year, the journey to Yemen in winter and to Syria in summer;
favors to mankind, encouraging people to engage in exports they traveled in security because of their guardianship of the
and imports. He says: ...And thou sees the ships in it (the House (Ka'aba).
ocean), cleaving the waves, that you may seek of His bounty Accordingly, they should show their gratitude to the Lord of
and that you may be thankful. (35:12) the House by acknowledging and worshipping Him alone: For
In other places He describes the winds, associating them with the security of the Quraish, their security in journeying by
the movement of ships: And among His signs is that He sends winter and summer, let them worship the Lord of this House,
the winds as heralds of good tidings and in order that you may Who provides them with food against hunger and makes them
taste His mercy, and that the ships may sail by His command safe against fear. (106:1-4) Islam has provided a great
and that you may seek of His bounty, and in order that you may opportunity for international trade each year. The annual Hajj
be thankful. (30:46) season brings together at one place millions of Muslims from
The Qur'an mentions this at other places as a reminder of all over the world: ...They will come to thee (Makkah) on foot
Allah's power and wisdom: Verily, in the creation of the and on every (kind of) lean camel; they will come from every
heavens and the earth, and the alternation of night and day, and deep ravine, in order that they may witness the benefits
in the ships which sail upon the ocean with what is of benefit to (provided) for them and celebrate the
mankind...are signs.... (2:164) And

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name of Allah.... (22:27-28) Commercial activity is martyr in the cause of Allah. His evaluation is confirmed by the
unquestionably one of these benefits. Al-Bukhari reported that experiences of life, since striving in the cause of Allah is not
the Muslims were reluctant to do business during the hajj, limited to the battlefield but extends to the economic front as
fearing that this might compromise the sincerity of their well. The Prophet (peace be on him) promised merchants a
intentions or the purity of their worship. The verses of the high status with Allah and a great reward in the Hereafter. We
Qur'an were then revealed, stating clearly and distinctly that It observe that the motivating force behind much trading activity
is no sin for youto seek the bounty of your Lord (during the is greed and profitmaking by any means; "Money makes
hajj).... (2:198) The Qur'an lauds those who go to the mosques money" and "Business begets business" are the motives of
often, glorifying their Lord morning and evening: Men whom much trading activity. Any merchant who remains within the
neither business nor sale can divert from the remembrance of bounds of honesty and fair-dealing in such an atmosphere is a
Allah, nor from regularity in salat or from giving zakat.... fighter against his desires, meriting the status of a warrior in
(24:37) In the view of Islam, the true believers are not those the cause of Allah.
who remain in the mosques, nor the mystics or recluses in their The lure of business is great, and it can turn a businessman's
places of retreat. attention exclusively to numbers, counting his capital and the
The true Believers are men of action, whose distinguishing profits of his business. Even during the Prophet's own lifetime
characteristic is that the affairs of the busy world do not make the following incident occurred: while the Prophet (peace be on
them forget their obligations to their Creator. These are some him) was addressing a gathering, the news came that a caravan
of the teachings of the Qur'an concerning trade and commerce. of merchandise had arrived. The people rushed out, leaving the
The Prophet (peace be on him), by his words and deeds, Prophet (peace be on him) behind, upon which Allah Ta'ala
delineated the rules of trade, encouraging, indeed, urging the admonished them: But when they see some business or
Muslims to engage in it. Among some of his sayings are the amusement, they disperse to it and leave thee standing.
following: "An honest and trustworthy merchant will be with Say: 'What is with Allah is better than amusement and than
the martyrs on the Day of Resurrection." (Reported by Ibn business; and Allah is the best of providers.' (62:11)
Majah and al-Hakim, who classified it as "sound.") Accordingly, a person who, in a vortex of commercial activity,
"An honest and trustworthy merchant will be with the prophets, can remain steadfast, with the fear of Allah in his heart and the
the truthful, and the martyrs." (Reported by al-Hakim and al- mention of Him on his lips, most certainly deserves to be in the
Tirmidhi, with good transmitters.) It is not surprising that the company of the favored of Allah: the prophets, the witnesses to
Prophet (peace be on him) held the status of an honest the truth, and
merchant to be equal to that of a soldier or a

89
the martyrs in His cause. The example of the Prophet (peace be disliked nothing more than being parted from him. Yet we find
on him) in relation to business and trade is sufficient in itself. that each of them was busy with his work, this one journeying
On the other hand he was eager to nurture the spiritual aspect; over the earth on a business trip, that one working in his palm-
thus, he built the mosque in Madinah on the foundation of piety grove and farm, and yet another busy with his craft. Anyone
and seeking the pleasure of Allah, as a gathering place for who missed any part of the teaching of the Messenger (peace
worship, as a university for teaching and learning, as the be on him) asked his friends about whatever he could, and the
headquarters for the call toward Islam, and as the seat of the Prophet told those who listened to him to pass on his
government. instructions to those who were absent.
On the other hand, he was equally eager to develop the
Among his Companions, the Helpers (Ansar, or people of
economic aspect; thus, he established an Islamic marketplace
Madinah) were, by and large, farmers and growers of date-
in which the Jews had not the authority they had previously
palms, while the majority of the Immigrants from Makkah
possessed in the marketplace of Banu Qaynqa'.
(Muhajireen) were engaged in trade and business. Here is
The Prophet (peace be on him) himself organized the rules of
'Abdur Rahman ibn 'Auf, the Muhajir, and here is Sa'd ibn al-
business dealing, explaining and teaching its various aspects.
Rabi', the Ansar, who were made brothers-in-Allah by the
There was to be no cheating nor misrepresentation, nor
Prophet (peace be on him) when the Muslims of Makkah
hoarding, nor undercutting, and the like. These topics will form
migrated to Madinah. S'ad offered 'Abdur Rahman half of his
the subject of our discussion under the heading of "Human
property, one of his two houses, and asked him to choose one
Affairs" in the chapter entitled "The Halal and the Haram in the
of his two wives so that he might divorce her.
Daily Life of Muslims."
Among the Companions of the Prophet (peace be n him) we This noble sacrifice was gratefully declined by a noble excuse.
find skilled traders as well as craftsmen, farmers, and every "May Allah bless you in your wealth and your family,'' said
other kind of professional person and worker. In their midst 'Abdur Rahman to Sa'd. "I have no need for them. Only tell me
was the Messenger of Allah (peace be on him) to whom the which market has the most trading activity." "The Bani
Speech of Allah came down, who was visited by Jibril, the Qaynqa' Market," said Sa'd. 'Abdur Rahman went to the market
Trustworthy Spirit, bringing the revelations from Allah, and with some cheese and butter, and spent the day buying and
who guided the people by the Light of these heavenly selling. He continued his trading activity until he became one
messages. Each of the Companions loved this noble Messenger of the wealthiest men among the Muslims, leaving behind a
(peace be on him) from the depths of his being; he wished huge estate
nothing more than to be in his company and

90
when he died. And here is Abu Bakr al-Siddiq who was a called out to them. When they turned their faces toward him,
trader. Even on the day on which he was elected caliph by the some of them craning their necks to listen to what he had to
Muslims, he had been planning to go to the market. And here is say, he said, Merchants will be raised up on the Day
'Umar, who said about himself, "Going to the market kept me ofResurrection as wicked people, with the exception of those
from listening to the hadith of Allah's Messenger (peace be on who fear Allah, do righteous deeds, and are truthful. (Reported
him)." And here are also 'Uthman and great many others who by al-Tirmidhi Ibn Majah, Ibn Hibban, and al-Hakim.)
were engaged in trade and commerce. Waithelah ibn al-Asqa' said, "We were business people. The
Prophet (peace be on him) frequently came to us, and he would
Prohibited Kinds of Trade say, "Merchants, beware of lying." (Reported by al-Tabarani)
Islam does not prohibit any trade except those which involve Thus, he warned tagainst lying about their merchandise, since
injustice, cheating, making exorbitant profits, or the promotion this is the weakness of merchants.
of something which is haram. It is haram to do business in Lying leads to wrongdoing, and that in turn leads to the Fire.
alcoholic beverages, intoxicants, drugs, swine, idols, statues, or The Prophet (peace be on him) warned in general against
anything of this sort whose consumption and use Islam has swearing and, in particular, against swearing to a lie, saying,
prohibited. Any earnings from such business are sinful On the Day of Ressurection Allah will not look at three (kinds
earnings, and the Fire is likely to be the abode for the flesh of) persons nor purify them. One of them is the person who
which has been nourished on such earnings. Honesty and swears (to the truth) while lying about his merchandise.
trustworthiness in such businesses will not be counted as (Reported by Muslim and others.)
meritorious' for Islam came to fight and destroy such practices. Abu Sa'id narrated, "An Arab with a sheep passed by me and I
said, 'Will you sell it for three dirhams?' He replied, 'No, by
However, there is no objection to trading in gold and silk Allah!' but then he sold it to me. I mentioned this to the
because they are permitted to women, except if something is Messenger of Allah (peace be on him), who remarked, He sold
made of these materials exclusively for the use of men. Even if his Hereafter for this world. (Reported by Ibn Hibban in his
the trading is in entirely halal things, a merchant must still Sahih.) The merchant should beware of cheating, for the
adhere to many moral considerations so that he may not join cheater is outside the community of Islam; he should beware of
the ranks of the wicked, for "Indeed, the wicked will be in tampering with the scales when weighing; beware of hoarding
hell." (82:14). One day when the Prophet (peace be on him) lest he forfeit the protection of Allah and His Messenger (peace
was going to the mosque, he saw some people engaged in be on him); and
selling. "O merchants," he

91
beware of dealing in usury or interest (riba), for Allah has The one who will be in the Garden is a man who knew the truth
prohibited it, and the Prophet (peace be on him) has said, "A and judged accordingly. The one who knew the truth but
dirham of riba which a person consumes knowingly is worse misjudged and the one who judged for the people in ignorance
than committing zina thirty-six times." (Reported by Ahmad on will be in the fire. (Reported by Abu Daoud, al-Tirmidhi, and
the authority of sound transmitters.) We will elaborate on all Ibn Majah.) It is better for the Muslim not to aspire to a high
these matters when we come to the topic "Human Affairs." position, even though he may be suited for it, and to seek for
something else; for whoever considers the position as a means
Salaried Employment of fording it over others is a slave of that position, and whoever
The Muslim is free to seek employment in the service of the turns his face toward worldly glories will not receive guidance
government, an organization, or an individual as long as he is from heaven.
able to do his work satisfactorily and carry out his duties.
Narrated 'Abdur Rahman ibn Samrah, "The Messenger of Allah
However, he is not permitted to seek a job for which he is
(peace be on him) told me, Abdur Rahman, do not ask for
unfit, especially if the job carries judicial or executive
governorship, for if you are appointed to it without asking, you
authority. Abu Hurairah reported the Prophet (peace be on him)
will be helped, while if you are appointed to it at your request,
as saying, Woe to the rulers, the leaders, and the trustees! On
you alone will be held responsible. (Reported by al-Bukhari
the Day of Resurrection some people will wish that they could
and Muslim.) Anas narrated that the Prophet (peace be on him)
be suspended between heaven and earth rather than having had
said, He who seeks the office of a judge, collecting
the burden of their responsibilities. (Reported by Ibn Hibban in
recommendations, is left to himself, but for him who is
his Sahih, and by al-Hakim who authenticated its transmitters.)
compelled to accept it, Allah sends an angel to guide him.
(Reported by Abu Daoud and al-Tirmidhi.) If, however, a
Abu Dharr narrated, "I said, 'Messenger of Allah! Will you not
person knows that there is no one else qualified to do a
appoint me?' The Prophet (peace be on him) patted me on the
particular job except himself, and that if he does not come
shoulder and then said, Abu Dharr, you are a weak person, and
forward to take it, public interests will be damaged, he should
this is a trust; and on the Day of Resurrection it will be a cause
come forward. The Qur'an tells us the story of the prophet
of regret and shame except for the one who qualifies for it and
Joseph in which Joseph tells the ruler, Set me over the
fulfills his I responsibilities." (Reported by Muslim.) The
storehouses of the land; I am surely a knowledgeable
Prophet (peace be on him) said, There are three classes of
custodian. (12:55) These are the Islamic guidelines in relation
judges, one of whom will be in the Garden and the other two in
to seeking positions in government and the like
the Fire.

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 indeed Allah does open the door for those who sincerely seek
Prohibited Types of Employment to avoid what is haram. The Muslim is always to be on guard
What we have said above concerning the permissibility of against temptation which may lead him toward doubtful
working as an employee of a government, organization, or activities, thereby weakening his faith and compromising his
individual, excludes those jobs which are injurious to the cause religion, no matter how large a profit or gain may be involved.
of Islam or which harm Muslims. Accordingly, it is not The Prophet (peace be on him said), "Leave alone what
permissible for a Muslim to be an officer or soldier in an army putsyou in doubt and turn toward what does not put you in
which is fighting against Muslims, nor to work in a corporation doubt.'' (Reported by Ahmad, al-Tirmidhi, al-Nisai, al-Hakim,
or factory which manufactures armaments to be used against and Ibn Hibban in his Sahih.) He also said, "A person does not
Muslims, nor in an organization which is hostile to Islam and reach the rank of the God-fearing (muttaqeen) until he
fights its adherents. Similarly, any service rendered in support abandons what is harmless out of fear that it may be harmful."
of injustice or in promoting what is haram is itself haram. For (Reported by al-Tirmidhi.)
example, it is prohibited to the Muslim to be an employee in an
organization which deals in interest, in a bar or liquor shop, A General Rule in Earning a Living
nightclub, dance hall, and the like. The general rule in regard to earning a living is that Islam does
It is not a valid excuse to say that one is neither using what is not permit its followers to earn money in any way they like,
haram nor directly involved with it. As we have stated rather it differentiates between lawful and unlawful methods
previously, it is a basic principle of Islam that whatever aids based on the criterion of the overall well-being of the society.
and assists the haram is itself haram. For this reason, the One may formulate as a general rule that any transaction in
Prophet (peace be on him cursed the person who writes the which one person's gain results in another's loss is unlawful,
document of interest and the person who witnesses it, as well while any transaction which is fair and beneficial to all the
as the person who consumes it. parties concerned and which is transacted by mutual consent is
Similarly cursed is the person who brings the wine, the one lawful. O you who believe, do not consume your property
who serves it, as well as the one who drinks it. Again, under among yourselves wrongfully, but let there be trade by mutual
the compulsion of unavoidable necessity, the Muslim may seek consent, and do not kill yourselves; indeed, Allah is ever
temporary employment in such activities to the extent of what merciful to you.
is required, but he should in the meantime be searching for And whoever does so in enmity and injustice, we shall cast
other gainful employments until Allah opens a way for him, for him into the Fire; and that is easy for Allah. (4:29-30) This
verse lays down two conditions for a transaction: first, that the

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transaction should be with the mutual consent of the two How a Muslim Woman Should Conduct Herself
parties; second, that the benefit to one party should not be a A Woman's Serving Male Guests
loss to the other. In explaining the meaning of "Do not kill Sexual Perversion: A Major Sin
yourselves," scholars give two interpretations, both of which A Ruling Concerning Masturbation
are generally applicable here.
The first is, "Do not kill each other," and the second is, "do not The Physical Appetites
kill yourselves by your own hands." In either case, a person Allah Subhanahu wa Ta'ala created man as His vicegerent on
who makes someone else suffer for his own benefit is, in earth in order that he might populate and rule it. Obviously this
effect, shedding his blood and opening the door for others to do purpose cannot be realized unless the human species
the same to him, thus leading to his own eventual ruin. Theft, perpetuates itself, living, thriving, cultivating, manufacturing,
bribery, gambling, cheating, fraud, misrepresentation, and building, and worshipping its Creator. Accordingly, the Creator
interest, although some of these may carried out by mutual has placed certain appetites and impulses in man so that he is
consent, do not satisfy the second condition implied in the impelled toward the various activities which guarantee the
saying of AlTa'ala, "And do not kill yourselves.'' (See Abul survival of the species. Among the appetites which an
'Ala Maududi's book, Asas al-lqtisad (Economic Principles), individual must satisfy for his personal survival is that of food
p.152.) and drink.
Chapter 3: The Halal And The Haram In The sexual appetite, however, is for the purpose of the survival
of the species. Sex is a strong driving force in the human being
Marriage And Family Life which demands satisfaction and fulfillment. Human beings
1. The Physical Appetites have responded to the demands of the sexual appetite in three
different ways:
The Prohibition of Approaching Zina 1. One way is to satisfy ones sexual need freely with
KhulwahLooking With Desire at the Opposite Sex whomever is available and whenever one pleases, without any
The Prohibition of Looking at the 'Awrah of Others restraints of religion, morality, or custom. This is the position
What May Be Seen of the Man or Woman of the advocates of free sex, for they do not believe in any
The Display of Women's Adornment: What Is and What Is Not religion. This philosophy reduces the human being to the status
of an animal, and, if practiced universally, would result in the
Women's 'Awrah Concerning Women Going to Public Baths destruction of the family structure and of all society as we
The Prohibition of the Display of Women's Attractions know it.

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 Thus, if there had been no family system, there would have
2. The second approach is to suppress, and try to annihilate, the been no society through which mankind would be able
sexual drive; this approach is advocated by ascetic religions to progress toward perfection.
and other-worldly philosophies, approaches which lead toward
monasticism and an escape from the world. Such advocacy of The Prohibition of Approaching Zina
suppression of a natural appetite, or rather annihilation of its It is not surprising that all the revealed religions (According to
functioning, is contrary to Allah's plan and purpose, and is in the Qur'an there has been only one true, authentic faith, Al-
conflict with the course of the natural order which requires the Islam. Islam means the attainment of peace through
use of this appetite for the continuity of life. 3. The third conscientious and loving submission to the Will and Guidance
approach is to regulate the satisfaction of this urge, allowing it of Allah. This was the mission of all Prophets and Messengers
to operate within certain limits, neither suppressing nor giving in human history. It is the same fundamental faith which was
it free rein. revealed to Moses, Jesus, and Muhammad (peace be upon
them).
This is the stand of the revealed religions, which have
The original revelations given to Moses and Jesus are no longer
instituted marriage and have prohibited fornication and
available in their complete, original and unadulterated form.
adultery. In particular, Islam duly recognizes the role of the
The Qur'an is the only divine revelation which was
sexual drive, facilitates its satisfaction through lawful marriage,
meticulously preserved in it's complete, original, and
and just as it strictly prohibits sex outside of marriage and even
unadulterated form. As such, it is to be used as the criterion to
what is conducive to it, it also prohibits celibacy and the
judge the authenticity of the present forms of previous
shunning of women. This is the just and intermediate position.
revelations.) have prohibited fornication and adultery (zina)
If marriage were not
and have fought against these crimes against society. Islam, the
permitted, the sexual instinct would not play its role in the last of the divinely revealed religions, is very strict in
continuation of the human species; while if fornication and prohibiting zina, for it leads to confusion of lineage, child
adultery were not prohibited, the foundation of the family abuse, the breaking-up of families, bitterness in relationships,
would be eroded. Unquestionably, it is only in the shade of a the spread of veneral diseases, and a general laxity in morals;
stable family that mercy, love, affection, and the capacity to moreover, it opens the door to a flood of lusts and self-
sacrifice for others develop in a human being, emotions gratifications.
without which a cohesive society cannot come into being.
Assuredly, the command of Allah Ta'ala, And do not come
near zina; indeed, it is an abomination and an evil

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way, (17:32), is just and true. As we know, when Islam privacy with woman without there being a mahrem (of hers)
prohibits something, it closes all the avenues of approach to it. with her, for otherwise Satan will be the third person (with
This is achieved by prohibiting every step and every means them). (Reported by Ahmad on the authority of 'Amir ibn
leading to the haram. Accordingly, whatever excites passions, Rabi'ah.) Allah Ta'ala tells the Companions of the Prophet
opens ways for illicit sexual relations between a man and a (peace be on him), ...And when you ask them (the Prophet's
woman, and promotes indecency and obscenity, is haram. wives) for anything, ask them from behind a curtain; that is
purer for your hearts and for their hearts.... (33:35) In an
Khulwah explanation of this verse, Imam al-Qurtabi says, "This means
Islam prohibits khulwah (Privacy or khulwah denotes a man such thoughts as occur to men regarding women and to women
and woman's being alone together in a place in which there is regarding men.
no fear of intrusion by anyone else, so that an opportunity This will remove any possibility of suspicion and accusation,
exists for sexual intimacy such as touching, kissing, embracing and will protect (their) honor. This command implies that no
or even for intercourse.) between a man and a woman who are one should trust himself to be in privacy with a non-mahrem
outside the degree of a mahrem relationship. (Mahrem denotes woman; the avoidance of such situations is better for one's
a relationship either by marriage or by close blood ties of such purity of heart, strength of soul, and perfection of chastity."
degree that marriage is permanently prohibited. (Tafsir of al-Qurtabi, vol. 14, p. 228.) The Prophet (peace be on
With reference to a woman, a mahrem is either her husband or him) particularly warned women concerning khulwah with
any male relative with whom marriage is permanently male-in-laws such as the husband's brother or cousin, since
forbidden, such as her father, grandfather, son, brother, uncle people are quite negligent in this regard, sometimes with
or nephew. For the purposes of this discussion, all other disastrous consequences.
relationships will be referred to as "non-mahrem." (Trans. The It is obvious that a relative has easier access than a stranger to
reason for this is not a lack of trust in one or both of them; it is a woman's quarters, something concerning which no one would
rather to protect them from -wrong thoughts and sexual question him. The same is true of the wife's non-mahrem
feelings which naturally arise within a man and a woman when relatives, and it is prohibited for any of them to be in khulwah
they are alone together without the fear of intrusion by a third with her. The Prophet (peace be on him) said: 'Beware of
person. entering where women are.' A man from the Ansar asked, 'O
Messenger of Allah, what about the in-law?' He
The Prophet (peace be on him) said: Whoever believes in Allah replied, 'The in-law [Al-Nawawi explains, "The in-law here
and the Last Day must never be in means a relative of the husband other than his father and sons

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(who are mahrem to his wife), such as his brother, nephew, and member of the opposite sex with desire; for the eye is the key
cousins, etc., with whom marriage would be permissible for to the feelings, and the look is a messenger of desire, carrying
her, if she were to be divorced or widowed." Al-Mazari is of the message of fornication or adultery. A poet of ancient times
the opinion that it includes the husband's father as well. See has said, "All affairs begin with the sight; The raging fire a
Fath al-Bari, vol. 11, p. 344.] is death.' (Reported by al-Bukhari spark can ignite," while a contemporary poet declares, "A look,
and Muslim.) then a smile, then a nod of the head, Then a talk, then a
He meant that there are inherent dangers and even destruction promise, then the warmth of a bed." This is why Allah
in such privacy: religion is destroyed if they commit sin; the Subhanahu wa Ta'ala has commanded the believing men and
wife is ruined if her husband divorces her out of jealousy; and the believing women alike to lower their gaze together with His
social relationships are torn apart if relatives become command to guard their sexual parts:
suspicious of each other. The danger lies not merely in the Tell the believing men that they should lower their gazes and
possibility of sexual temptation. It is even greater in relation to guard their sexual organs; that is purer for them. Indeed, Allah
the possibility gossip about what is private and personal is well-acquainted with what they do. And tell the believing
between the husband and wife by those who cannot keep women that they should lower their gazes and guard their
secrets to themselves and relish talking about others; such talk sexual organs, and not display their adornment, except that
has ruined many a marriage and destroyed many a home. which is apparent of it; and that they should draw their head-
coverings over their bosoms, and not display their adornment
except to their husbands or their fathers or their husbands'
In explaining the meaning of "The in-law is death," Ibn al-
fathers, or their sons or their husbands' sons, or their brothers
Atheer says, "It is an Arabic figure of speech like, 'The lion is
or their brothers' sons or their sisters' sons, or their women, or
death' or 'The king is fire,' which means that meeting a lion is
those whom their right hands possess, or male servants who
similar to facing death and a confrontation with a king is like
lack sexual desire, or children who are not aware of women's
being in the fire. Thus privacy between an in-law and a woman
nakedness; and that they should not strike their feet in order to
is far more dangerous than in the case of a stranger because he
make known what they hide of their adornment.... (24:3031)
might persuade her to do things against her husband's wishes,
Several divine injunctions are contained in these two verses.
such as asking him for things he cannot afford, nagging him,
Two of them pertain to both men and women, namely, the
and the like
lowering of the gaze and the guarding of the sexual organs,
." Looking With Desire at the Opposite Sex while the rest are addressed exclusively to women. A
difference is to be noted here between the expressions, "lower
What Islam prohibits in the sphere of sex includes looking at a

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their gazes" and "guard their sexual organs," signifying that his heart. (Matt. 5:2728) Indeed, such hungry and lustful looks
while the sexual organs must be totally guarded without any are not merely a danger to chastity but they also result in
leeway, the lowering of the gaze is only partial, because agitation of the mind and disturbed thoughts. The poet says, If
necessity and the general interest of the people require that you let your looks go a-wandering, Many charming sights will
some looking at members of the opposite sex be allowed. make your heart pine. The one you see cannot belong to you
altogether, Nor will your heart remain content with the little
"Lowering the gazes" does not mean that in the presence of the
you saw.
Opposite sex the eyes should be shut or that the head should be
bowed toward the ground, since this would be impossible; in
The Prohibition of Looking at the 'Awrah of Others
another place the Qur'an says, "Lower thy voice" (31:19),
Looking at the 'awrah (Awrah (lit., that which is to he hidden)
which does not mean sealing the lips. Here "lowering of the
denotes those parts of the body which Islam requires to be
gazes" means to avert one's gaze from the faces of the passers-
covered in front of others whether of the same or the opposite
by and not to caress the attractive features of the members of
sex. (Trans. of another person must be avoided. The Prophet
the opposite sex with one's eyes.
(peace be on him) forbade that any person should look at the
The Prophet (peace be on him) told 'Ali ibn Abu Talib, "Ali, do 'awrah of another, whether of the same or the opposite sex, and
not let a second look follow the first. The first look is allowed whether with or without desire, saying, A man should not look
to you but not the second.''(Reported by Ahmad, Abu Daoud, at the 'awrah of another man, nor a woman of a woman, nor
and al-Tirmidhi.) The Prophet (peace be on him) considered should a man go under one cloth with another man, nor a
hungry and lustful looks at a person of the opposite sex as "the woman with another woman.
zina of the eye," according to his saying, "The eyes also (Reported by Muslim, Abu Daoud, and al-Tirmidhi. Scholars
commit zina, and their zina is the lustful look." (Reported by have inferred from this that two men, or two women, should
al-Bukhari and others.) He termed the lustful look zina because not lie under the same covering so that parts of their bodies
it gives sexual pleasure and gratification in an unlawful way. touch) The 'awrah of a man referred to in this hadith is from his
This is also what Jesus (peace be on him) is reported to have navel to his knee, although some scholars, such as Ibn Hazm
said in the Gospel of Matthew: You have heard that it was and some Maliki jurists, do not include the knee. With respect
said,'You shall not commit adultery'. to a man who is not her mahrem, a woman's 'awrah is her entire
body excepting only her face and hands, while with respect to a
But I say to you that everyone who so much as looks at woman
mahrem such as
with evil desire for her has already committed adultery with her
in

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her father or brother it is different. This we will discuss later. if they can be viewed without temptation. In summary, the
What it is haram to look at is also of course haram to touch innocent look at what is other than the 'awrah of a man or a
with the hands or with any other parts of the body. What we woman is permissible as long as it does not become an intent
have said concerning the prohibition of looking at or touching look or is repeated with perhaps a taint of pleasure and lust. It
the parts of the body which must be covered becomes void in is the reasonableness of the Islamic Shari'ah that a glance
case of need or necessity such as first aid or medical treatment. which accidentally falls on something which it is not
At the same time, what we have said about the permissibility of permissible to see is forgiven. Jarir ibn 'Abdullah narrated, "I
looking becomes void in case of lust, as the ways leading to sin asked the Messenger of Allah (peace be on him) about the
must be blocked. unexpected glance. He replied, 'Avert your eyes,' meaning, do
not look back deliberately." (Reported by Ahmad, Abu Daoud,
What May Be Seen of the Man or Woman
Muslim, and al-Tirmidhi.)
It is clear from the above discussion that a woman may look at
a man's body, apart from his 'awrah, which is from the navel to
The Display of Women's Adornment: What Is and What Is
the knee, provided that her looking is free of lust and that no
Not
temptation is feared. The Prophet (peace on him) let 'Aishah
Thus far we have discussed the subject of the lowering of the
watch the Abyssinians while they were engaging in spear play
gaze, which is commanded for both menand women in the two
in the t courtyard of the Prophet's mosque; she watched their
verses cited. These verses also contain other divine
performance until she had enough and retired. (Reported by al-
instructions. Says Allah Subhanahu wa Ta'ala: That they
Bukhari and Muslim.) Similarly, a man is permitted to look at a
should...not display their adornment, except that which is
woman's face and hands, since they are not part of her 'awrah,
apparent of it. (24:31) The adornment of women includes both
provided that the looking is without lust and that no temptation
natural features such as the face, hair, and other attractive parts
is feared.
of the body, and artificial enhancement of beauty, such as the
'Aishah narrated that her sister Asma once came to the Prophet
dress, ornaments, make-up, and the like.
(peace be on him) clad in transparent clothes which revealed
In this noble ayah Allah Ta'ala commands women not to show
her body. The Prophet (peace be on him) averted his gaze and
their adornment "except that which is apparent of it." There is
told her, 'Asma, when a woman begins to menstruate, nothing
some difference of opinion among scholars concerning the
should be seen of her except this and this,' and he pointed to his
extent of this exception. Does it mean what is exposed by
face and hands. (Reported by Abu Daoud.) This hadith is
necessity
classified as weak, but there are other sound ahadith which
support the thesis that only the face and hands may be seen

99
and without intention, for example, if the wind exposes some We consider these cosmetics to be excessive, and they must not
part? Or does it mean what is customarily, or instinctively, or be used except within a woman's own home when non-mahrem
by its very nature exposed? The majority of the early Muslim men are present. The aim of women in using these cosmetics
jurists accept the latter meaning. Ibn 'Abbas interprets "except when going out of the house is obviously to attract the attention
what is apparent of it" to mean kohl and a ring, and Anas has of men, which is haram. At the same time, however, the
said something similar; the permissibility of showing the face interpretation of "what is apparent" as being the outer garment
and hands is implicit in the permissibility of showing kohl and or covering is not acceptable, for this is not something which
a ring. Sa'id ibn Jubayr, 'Ata and al-Awzai have stated can possibly be concealed so that an exemption must be made;
explicitly that the showing of the face and hands is permissible. similarly, what the wind blows cannot be controlled, whether
an exemption is made or not.
'Aishah, Qatadah, and others have added bracelets to what may What strikes the mind is that the purpose of the exemption was
be shown of the adornments; this interpretation implies that a to provide some concession for the believing woman by
part of the arm may also be shown. Various scholars have permitting her to show something which it is possible to
allowed the exposure of the lower part of the arm up to a length conceal. Reason would indicate that it is the face and hands
varying between about four inches to one-half of the arm. On which are exempted from covering. Assuredly a woman is
the other hand, others such as 'Abdullah ibn Mas'ud, have permitted to show her face and hands because covering them
restricted the application of "what is apparent" to what would be a hardship on her, especially if she must go out on
necessarily appears, such as the outer garment (abaya, jilbab, some lawful business. For example, a widow may have to work
chaddor, burqa, and the like). to support her children, or a woman who is not well-off may
My own preference lies with that group of the Companions have to help her husband in his work; had covering the face
and their immediate followers (This is the preferred opinion of and hands been made obligatory, it would have occasioned
al-Tabari, al-Qurtabi, al-Zamakhshari, al-Razi, and others from such women hardship and distress.
among the interpreters of the Qur'an, one may refer to their Al-Qurtabi says, It seems probable that, since the face and
explanations of this verse of Surah al-Nun) who include the hands are customarily uncovered, and it is, moreover, required
face, the hands, and their ordinary adornments, such as kohl that they be uncovered during acts of worship such as salat and
and a ring in the application of the Qur'anic phrase, "except hajj, the exemption (referred to in the verses of Surah al-Nur)
that which is apparent of it." This permissibility, however, pertains to them. This conclusion is supported by what Abu
excludes such cosmetics which women today use for their Daoud has transmitted on the authority of 'Aishah. She
cheeks, lips and nails. said that 'Asma, the daughter of Abu Bakr, once came to the

100
Prophet (peace be on him) wearing transparent clothes. The 1. "Their husbands:" The husband and wife can see whatever
Prophet (peace be on him) turned his face away from her and they please of each other. A hadith states "Guard your
told her, 'Asma, when a woman begins to menstruate, nothing nakedness ('awrah) except in front of your wife."
should be seen of her except this and this,' and he pointed to his 2. "Their fathers," including the grandfathers from both
face and hands. In addition to this, we may infer from Allah's mother'sand father's sides as well.
words, "Tell the believing men that they should lower their 3. "Their husbands' fathers," for these are regarded as fathers
gazes," that the faces of the women of the Prophet's time were to women.
not veiled. 4. "Their sons," as likewise the grandsons from both sons and
Had the entire body including the face been covered, it would daughters.
have made no sense to command them to lower their gaze, 5. "Their husbands' sons (stepsons)," a necessity for normal
since there would have been nothing to be seen. In spite of all interaction, since the woman is regarded as their mother.
this, however, because of the widespread immorality and laxity 6. "Their brothers," including half -and step-brothers.
in obeying the Islamic injunctions in our time, the best thing 7. "Their brothers' sons," since marriage is permanently
for the Muslim woman is to conceal all her adornments prohibited
including her face if she can. Obviously, more caution in this between a man and his paternal aunt.
regard is necessary for a woman who is beautiful. Allah Ta'ala 8. "Their sisters' sons," since marriage is permanently
also says, ...That they should draw their head-coverings over prohibited between a man and his maternal aunt.
their bosoms.... (24:31) It is obligatory for the Muslim woman 9. "Their women," meaning female relatives and sisters-in-
to cover her head, breasts, and neck completely so that nothing faith, that is, other Muslim women. As for non-Muslim
of them can be seen by onlookers. women, they are not allowed to see the Muslim woman's
In addition, Allah Ta'ala says, ...And not display their adornments other than what is allowed for non-mahrem men,
adornment except to their husbands or their fathers.... (24:31) and the correctness of this opinion is verified.
This injunction prohibits women to show their concealed
10. "Those whom their right hands possess," refers to
adornments, such as the ears, hair, neck, breasts, or ankles, to
bondservants, because in Islam they are considered as members
men who are outside the mahrem relationship, before whom
of the family. Some scholars restrict this permission to female
they are permitted to expose only the face and hands (of "that
bond-servants only.
which is apparent").
Twelve categories of persons are exempted from this 11. "Male servants who lack sexual desire," refers to hired
prohibition: hands or

101
household servants who, because of some physical or mental in accordance with the flexibility of Islam. Says al-Razi, "Since
condition, are devoid of sexual desire. This is applicable only the showing of the face and hands is necessary, the jurists had
under the following two conditions: that they are the servants no choice but to agree that they are not 'awrah, and since the
of those into whose houses they are given entry and that they showing of the feet is not necessary, they have differed
lack sexual desire. concerning whether or not they are 'awrah.'' (Tafsir of Fakhr al-
12. "Children who are not aware of women's nakedness." Deen al-Razi, vol. 20, pp. 205-206.) With respect to the above-
These are small children whose consciousness of sex is not yet mentioned twelve categories of mahrem relatives, a woman is
developed. But if evidence of the sexual urge is noted among permitted to expose her hair, ears, neck, upper part of the chest,
them, a woman should treat them like non-mahrem men even arms, and legs.
though they may not have reached puberty. This verse does not
Other parts of her body, such as the back, abdomen, thighs and
mention maternal and paternal uncles because they customarily
two private parts, are not to be exposed before anyone, man or
occupy the same status as the father. A hadith states, "The
woman, excepting her husband. The above interpretation of the
man's uncle is like his father." (Reported by Muslim.)
ayah is closer to its intent than that of some other scholars who
say that, with respect to her muharramah (Plural of mahrem.
Women's 'Awrah
(Trans. and other Muslim women, the woman's 'awrah is the
Whatever of the woman's body is not allowed to be shown
area between her navel and knee.
constitutes her 'awrah. It must be covered, for exposing it is
haram. Consequently, with respect to non-mahrem men and Rather, the intent of the ayah seems to support the opinion of
non-Muslim women, a woman's 'awrah is her entire body with some scholars who say that with respect to her muharramah the
the exception of her face and hands, according to the woman's 'awrah is that part which is not exposed while she is
interpretation we have preferred. We agree with al-Razi's doing her housework; that is, whatever is exposed during the
argument that Islam has permitted her to expose those parts of course of her daily chores may be seen by men who are her
the body, the face and hands, which need to be exposed in muharramah. That is why Allah Subhanahu wa Ta'ala
order to carry out daily busiand for giving and taking; it has commands the believing women to cover themselves with a
commanded her to cover what it is not necessary to expose, and loose over-garment whenever they go out, for in this way they
has forgiven her accidental, inadvertent exposures or such may be distinguished from non-believing and loose women.
exposures as are required by necessity. Allah Ta'ala commanded His Prophet (peace be on him) to
All this is convey to the whole ummah of Islam this divine message: O
Prophet! Tell thy wives and daughters and the believing

102
women that they should put on their outer garments them to be modest. And Allah is Hearing, Knowing. (24:60)
(jalabeebihinna); (That is, whenever they are outside the home By "the elderly among women" is meant such post-menopausal
or inside it when nonmahrem men are present. (Trans. that is women as have no desire for marriage or sex, and to whom
most convenient in order that they may be recognized (as men are not attracted. Allah has made this concession for them
Muslims) and not be molested.... (33:59) so that they can put aside their covering garments, such as the
chaddor, abaya, burqa, jilbab, and the like. However, the
During the period of jahiliyyah some women used to go out Qur'an makes the condition that this should not be for the
with the attractive parts of their bodies, such as the neck, upper purpose of displaying the* adornment but only for ease and
part of the breast and hair, exposed, and the loafers and lechers comfort. Despite this concession, it is preferable and better for
would follow them about. Accordingly, this noble ayah came them to be more perfect in their dignity and far removed from
down, commanding the believing woman to cover herself with any suspicion: "but it is better for them to be modest." (24:60)
her garment so that no provocative part of her body would be
visible, because her appearance would make it clear to Concerning Women Going to Public Baths
everyone that she is a chaste, believing woman, no lecher or In consideration of Islam's concern for women's 'awrah and its
hypocrite would dare to molest her. proper covering, the Prophet (peace be on him) warned the
It is clear from this verse that the reason for this injunction is Muslim woman against entering public baths and disrobing in
not the fear of women's misbehavior or mistrust of them, as front of other women, who might subsequently make her
some people claim, but the danger to them from lecherous and physical characteristics a topic of their gossip and vulgar
evil men; for the woman who decks herself out, walks comments. Similarly, the Prophet (peace be on him) warned
seductively, or talks invitingly always attracts men who lust the Muslim man against entering public baths without a waist
after her. This verifies the Qur'anic verse, ...Then do not be too wrapper.
pleasant of speech, lest one in whose heart Jabir narrated that the Messenger of Allah (peace be on him)
there is a disease should feel desire (for you).... (33:32) said, Whoever believes in Allah and the Last Day must not
Accordingly, Islam insists that the Muslim woman cover, and enter the public bath without a lower garment (to cover his
so protect herself; no concession is made in this except to private parts), and whoever believes in Allah and the Last Day
reduce it somewhat for old women. Says Allah Ta'ala: And the must not let his wife go to the public bath. (Al-Mondhari in Al-
elderly among women who are past (the prospect) of marriage Targheeb says that this was reported by al-Nisai and by al-
-there is no blame on them if they lay aside their (outer) Tirmidhi, who classified it as "good.", Al-Hakim reported it
garments without displaying their adornment; but it is better for and called it "sound.") And 'Aishah said, At first the Messenger

103
of Allah (peace be on him) prohibited people from going to from Homs or Damascus came to visit 'Aishah and she said,
public baths, but later allowed men to enter them wearing a "Are you from a place where women go to the public baths? I
lower garment. (The wording is from the report of Abu Daoud; heard the Messenger of Allah (peace be on him) saying, A
also reported by al-Tirmidhi and Ibn Majah.) woman who removes her clothes (i.e., goes naked) outside her
Exception to this prohibition is made for the woman who husband's house tears down the veil (hijab) between herself and
suffers from some illness for which warm baths are beneficial her Lord.'' (Reported with this wording by al-Tirmidhi; also
and for women following childbirth. 'Abdullah ibn 'Amr reported by Abu Daoud, Ibn Majah, and al-Hakim, who
narrated that the Prophet (peace be on him) said concerning classified it as "sound" (al-targheeb).) And Umm Salmah
public baths that Men must not enter them without a lower narrated that the Prophet (peace be on him) said, "If any
garment. Prevent women from entering them except when sick woman takes off her clothes outside her own house, Allah will
or after childbirth. (Reported by Ibn Majah and Abu Daoud. tear His covering from her.
One of the transmitters is Abdur-Rahman Ziyadah ibn 'An'am " When Islam takes such a strict view of women's entering
al-Ifriqi.) public baths which are, after all, buildings with four walls in
There is some weakness in the transmission of this hadith, but which only women are allowed, imagine its judgement
it is supported by the rules of the Shari'ah which makes concerning the nearly-nude women lying about on beaches and
concessions in worship and other obligations for a sick person, the swimming pools, exposing their nakedness to the hungry
and by the well-known principle that what is prohibited as a and lustful eyes of every passer-by without any sense of shame.
precaution becomes permissible in the case of need or benefit. Assuredly they have torn down every veil between themselves
It is also supported by a hadith reported by al-Hakim on the and their most Merciful Lord. And their men are partners in
authority of 'Abdullah ibn 'Abbas, who narrated that the their sin, since they are responsible protectors of their women.
Prophet (peace be on him) said, 'Beware of a building called If only they knew!
the Public Bath.' Some people said, 'O Messenger of Allah, it
certainly removes dirt and benefits the sick.' He then said, The Prohibition of the Display of Women's Attractions
'Then whoever enters should cover his nakedness.' (Reported The morals and manners of the Muslim woman are quite
by al-Hakim, who classifies it as "sound.") different from those of non-Muslim women and the women of
If a woman enters a public bath without a valid reason or need, the time of jahiliyyah. The Muslim woman is chaste, dignified,
she has committed a haram act and deserves the censure of the self-respecting, and modest, while the woman who is ignorant
Prophet (peace be on him). Abul Malih al-Hadhali reported that of thedivine guidance may be vain, showy and anxious to
some women display her attractions.

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Such display includes exposing the attractive parts of the body, lowering of the gaze, as Allah Subhanahu wa Ta'ala says,
walking or talking in a seductive manner, displaying her ...And tell the believing women that they should lower their
ornament", wearing revealing and sexy clothes, and the like. gazes.... (24:31)
The variety of ways in which women display their attractions is B. Not intermingling with men in such way that their bodies
no secret to people, ancient or modern. In commenting on the come in contact or that men touch women, as happens so often
verse concerning the women of the Prophet's household, And today in movie "heaters, university classrooms, auditoriums,
be in your houses, and do not make a display of yourselves in buses, streetcars, and the like. Ma'qal ibn Yasar narrated that
the manner of display of jahiliyyah...., (33:33) Mujahid the Messenger of Allah (peace be on him) said, It is better for
remarks, "Women used to walk about among men Qatadah one of you to be pricked in the head with an iron pick than to
says, 'They used to walk in a seductive and sensuous manner;' touch a woman whom it is unlawful to touch (Al-Mondhari
while Maqatil says, 'The displaying of attractions means says, "It (this hadith) is reported by al-Tabarani and al-
putting a cloth on the head without tying it, and toying with the Bayhaqi, and al-Tabarani's transmitters are authentic and
necklace, earrings, and other ornaments in a provocative sound.)
fashion."' C. Her clothing must conform to the standards laid down by
The ways in which women displayed themselves during the the Islamic Shari'ah, which are as follows:
period of pre-Islamic jahiliyyah included mingling freely with 1. Her dress must cover her entire body with the exception of
men, walking seductively, and wearing a head-covering in a "that which is apparent," which, according to the most
manner which exposed the ornaments and beauties of the head preferable interpretation, refers to the face and hands.
and neck. But during the present period of ignorance of the 2. It must not be transparent, revealing what is underneath it.
divine guidance the display of feminine attractions has gone to The Prophet (peace be on him) has informed us that, Among
such vulgar extremes that the women of the pre-Islamic era the dwellers of hell are such women as are clothed yet naked,
appear in contrast to be models of chastity and dignity! seduced and being seduced.
These shall not enter the Garden, nor shall (even) its fragrance
How a Muslim Woman Should Conduct Herself reach them. Here the meaning of "clothed yet naked" is that
The correct Islamic behavior required of Muslim women which their light, thin, transparent garments do not conceal what is
keeps them from wantonly displaying their attractions is underneath. Once some women of Bani Tamim, who were clad
characterized by the following: in transparent clothes, came to see 'Aishah, and she remarked,
A. Lowering the gaze: Indeed, the most precious ornament of a "If you are Believers, these are not the clothes which befit
woman is modesty, and the best expression of modesty is in the believing women." On another occasion, when a bride wearing

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a sheer and transparent head-covering was brought into her " D. The Muslim woman walks and talks in a dignified and
presence, she commented, "A woman who dresses like this businesslike manner, avoiding flirtatiousness in her facial
does not believe in Surah al-Nur." (Surah 24, which together expressions and movements. Flirting and seductive behavior
with Surah 33 (al-Ahzab) contains many injunctions are characteristics of wrong-minded women, not of Muslims.
concerning purity and propriety, man-woman relations, and Allah Ta'ala says: ...Then do not be too pleasant of speech, lest
dress. (Trans. 3. Her dress must not be too tight so as to define one in whose heart there is a disease should feel desire (for
the parts of her body, especially its curves, even though it may you).... (33:32)
not be transparent. E. She does not draw men's attention to her concealed
This describes many of the styles of clothing current in the adornment by the use of perfume or by jingling or toying with
sensuous, materialistic civilization of the Western world, her ornaments or other such things. Allah says: They should
whose fashion designers compete with one another in devising not strike their feet in order to make known what they hide of
clothing for women which tantalizingly emphasizes the their adornment.... (24:31) The women of the time of jahiliyyah
bustline, waist, and hips, etc., in order to elicit the lustful used to stamp their feet when they passed by men so that the
admiration of men. Women who wear such clothes likewise jingling of their ankle-bracelets might be heard. The Qur'an
fall under the definition of "clothed yet naked," since such a forbade this, both because it might tempt a lecherous man to
dress is often more provocative than one which is transparent. pursue her and also because it demonstrates the evil intention
4. She must not wear clothes which are specifically for men, of the woman in attempting to draw the attention of men to
such as trousers in our time. The Prophet (peace be on him) herself.
cursed women who try to resemble men and men who resemble Similar is the Islamic ruling concerning the use of fragrant
women, and prohibited women from wearing men's clothing perfumes, since here again the intention is to attract men by
and vice-versa. exciting their desire. A hadith states, The woman who
5. In her choice of clothing she should not imitate non- perfumes herself and passes through a gathering is an
Muslims, whether they are Jews, Christians, or pagans, for adulteress. (Al-Mondhari says, "This is reported by Abu Daoud
Islam disapproves of conformity to non-Islamic modes and and al-Tirmidhi, who classifies it as sound and good.
desires its followers to develop their own distinctive " It has also been reported by al-Nisai, Ibn Khazimah, and Ibn
characteristics in appearance, as well as in beliefs and attitudes. Hibban in the following words: "Any woman who perfumes
This is why Muslims have been asked to be different from non- herself and passes by a group of people so that her scent
Muslims in many aspects, and why the Prophet (peace be on reaches them is an adulteress." Al-Hakim also reported this and
him) has said, "Whoever imitates a people is one of them. said, "It has sound transmitters.") From all this we know that

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Islam does notrequire, as some people claim, that a woman they said. The Prophet (peace be on him) replied, "But are you
should remain confined to her house until death takes her out to blind,
her grave. On the contrary, she may go out for salat, for her too? Do you not see him?" However, researchers say that the
studies, and for her other lawful needs, both religious and manner in which this hadith has been transmitted renders it
secular, as was customary among the women of the families of unsound. While the narrator here is Umm Salmah, the
the Companions and the women of later generations. transmitter is her slave Nabhan, who had no concern with the
incident nor any need to report it. Even if the hadith is sound, it
Moreover, this early period of Islam is considered by all simply shows that the Prophet (peace be on him) was very
Muslims to be the best and most exemplary period in the strict in respect to his wives because their exceptional status
history of Islam. Among the women of this time were those required greater modesty on their part; Abu Daoud and other
who took part in battles in the company of the Prophet himself great scholars have commented on this exceptional position of
(peace be on him), and after that under the caliphs and their the wives of the Prophet (peace be on him).
commanders. The Messenger of Allah (peace be on him) told
his wife Saudah, "Allah has permitted you to go out for your In any case, the significance of the following well-established
needs." (Reported by al-Bukhari in his book Marriage in the and sound hadith remains uncontested: The Prophet (peace be
chapter entitled "Women May Go Out For Their Needs," on on him) instructed Fatimah bint Qais to spend the required
the authority of 'Aishah.) period of confinement ('iddah) following the death of her
He also said, "If someone's wife asks his permission to go to husband at the house of Umm Sharik. But he later changed his
the mosque, he should not deny it to her." (Reported by al- mind, saying, My Companions gather in her house. Go and
Bukhari, on the authority of 'Umar.) On another occasion he stay with Ibn Umm Maktum, since he is a blind man. If you
said, "Do not prevent the bond-maids of Allah from (going to) uncover yourself he will not see you. (Tafsir of al-Qurtabi, vol.
Allah's mosques." (Reported by Muslim.) Some very strict 11, p. 228.)
scholars are of the opinion that a woman is not allowed to see
any part of a man wis not her mahrem. They base their ruling A Woman's Serving Male Guests
on a hadith reported by al-Tirmidhi on the authority of Nabhan, A woman may serve her husband's guests in his presence as
the slave of Umm Salmah, that the Prophet (peace be on him) long as she adheres to the Islamic standards in her dress,
told Umm Salmah and Maymunah, his wives, to veil movements, and speech. They will naturally see her and she
themselves when Ibn Umm Maktum entered. "But he is blind," will see them, and there is no harm in this as long as there is no
danger of involvement on either side. Al-Bukhari, Muslim, and

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others have reported Sahl ibn Sa'd al-Ansari as saying, Abu The story of the people of the prophet Lut (Lot) as narrated in
Usayd al-Sa'adi invited the Prophet (peace be on him) and his the Qur'an should be sufficient for us. Lut's people were
Companions to his wedding. The food was prepared and served addicted to this shameless depravity, abandoning natural, pure,
by none other than his wife, Umm Usayd. She had soaked lawful relations with women in the pursuit of this unnatural,
some dates in milk in a stone pot overnight. When the Prophet foul and illicit practice. That is why their prophet, Lut (peace
(peace be on him) had finished his meal, she mashed the dates be on him), told them, What! Of all creatures, do you approach
and brought the drink to him. Shaikh al-Islam Ibn Hajar males and leave the spouses whom your Lord has created for
commented that, "From this hadith we conclude that a woman you? Indeed, you are people transgressing (all limits)! (26:
is permitted to serve her husband and his male visitors, just as 165-166) The strangest expression of these peoples' perversity
the husband is permitted to serve his wife. of nature, lack of guidance, depravity of morals, and aberration
It is evident that her serving the visitors is allowed only if of taste was their attitude toward the guests of the prophet Lut
there is no fear of temptation and if she is properly dressed; if (peace be on him) who were angels of punishment in human
the wife is not properly dressed (as is the case with a majority form sent by Allah to try these people and to expose their
of women in our time) her appearing in front of men is haram." perversity.
The Qur'an narrates the story thus: And when Our messengers
Sexual Perversion: A Major Sin came to Lut, he was grieved on their account and did not know
We must be aware that in regulating the sexual drive Islam has how to protect them. He said, 'This is a day of distress.' And his
prohibited not only illicit sexual relations and all ways which people, who had long since been practicing abominations,
lead to them, but also the sexual deviation known as came rushing toward him. He said, 'O my people, here are my
homosexuality. This perverted act is a reversal of the natural daughters. They are purer for you, so fear Allah and do not
order, a corruption of man's sexuality, and a crime against the disgrace me in front of my guests. Is there not a single upright
rights of females. (The same applies equally in the case of man among you?' They said, 'Thou knowest well that we have
female homosexuality. (Trans. The spread of this depraved no right to thy daughters, and certainly thou knowest what we
practice in a society disrupts its natural life pattern and makes want.'
those who practice it slaves to their lusts, depriving them of He said, 'If only I had strength to resist you or had some
decent taste, decent morals, and a decent manner of living. powerful support!' Said (the angels) 'O Lut, truly, we are
messengers of thy Lord; they shall not reach thee....'(11:77-81)
The jurists of Islam have held differing opinions concerning
the punishment for this abominable practice. Should it be the

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same as the punishment for fornication, or should both the does not do it excessively or make it into a habit. Yet better
active and passive participants be put to death? While such than this is the Prophet's advice to the Muslim youth who is
punishments may seem cruel, they have been suggested to unable to marry, namely, that he seek help through frequent
maintain the purity of the Islamic society and to keep it clean fasting, for fasting nurtures will-power, teaches control of
of perverted elements. desires, and strengthens the fear of Allah. The Prophet (peace
be on him) said, Young men, those of you who can support a
A Ruling Concerning Masturbation wife should marry, for it keeps you from looking at women
The pressing need to relieve himself of sexual tension may (lit., lowers your gaze) and preserves your chastity; but those
drive a young man to masturbation. The majority of scholars who cannot should fast, for it is a means of cooling sexual
consider it haram. Imam Malik bases his judgement on the passion. (Reported by al-Bukhari.)
verse, Those who guard their sexual organs except with their
spouses or those whom their right hands possess, for (with Chapter 3: The Halal And The Haram In
regard to them) they are without blame. But those who crave
something beyond that are transgressors, (23:5-7) arguing that
Marriage And Family Life
the masturbator is one of those who "crave something beyond 2. Marriage
that.
" On the other hand, it is reported that Imam Ahmad Ibn No Monasticism in Islam
Hanbal regarded semen as an excretion of the body like other Seeing the Woman to Whom One Proposes Marriage
excrete and permitted its expulsion as blood letting is Prohibited Proposals
permitted. Ibn Hazm holds the same view. However, the The Consent of the Girl
Hanbali jurists permit masturbation only under two conditions: Women To Whom Marriage is Prohibited
first, the fear of committing fornication or adultery, and -Marriages Prohibited by Reason of Fosterage
second, not having the means to marry. -In-Law Relationships
We are inclined to accept the opinion of Imam Ahmad in a -Sisters as Co-Wives
situation in which there is sexual excitation and danger of -Married Women
committing the haram. For example, a young man has gone -Mushrik Women
abroad to study or work, thereby encountering many Marriage to the Women of the People of the Book
temptations which he fears he will be unable to resist, may The Prohibition of a Muslim Woman's Marrying a Non-
resort to this method of relieving sexual tension provided he Muslim Man

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Fornicatresses The Prophet (peace be on him) told them with asperity, People
Temporary Marriage (Mut'ah) before you perished because of their asceticism; they made
Marrying More Than One Woman excessive demands on themselves until Allah brought
Justice Among Wives -A Condition hardships on them: you can still see a few of them remaining in
Why Marriage to More Than One Woman is Permitted in Islam monasteries and temples. Then worship Allah and do not
associate anything with Him, perform the hajj and the 'umrah,
Marriage No Monasticism in Islam be righteous, and all affairs will be set right for you." (Reported
The stand of Islam is, on the one hand, against sexual license; by 'Abdur Razzaq, Ibn Jarir, and Ibn al-Mundhir.) Abu
consequently' it prohibits fornication and adultery, and blocks Qulabah said the following verse was revealed concerning
all ways leading to them. On the other hand, Islam is also them:
against suppressing the sexual urge; accordingly, it calls people O you who believe! Do not make haram the good of things
toward marriage, prohibiting renunciation and castration. which Allah has made halal for you, and do not transgress;
(Renunciation means remaining celibate and renouncing indeed, Allah does not like transgressors. (5:90 (87 Mujahid
worldly activity for the sake of devoting oneself to the worship narrated, "Some people, including 'Uthman ibn Maz'un and
of God. 'Abdullah ibn 'Umar, intended to renounce their wives, castrate
Castration denotes suppressing sexua1 desire by removing the themselves, and wear coarse clothing. Then the above verse
testicles.) As long as he possesses the means to marry, the and the verse following it were revealed." (Reported by Ibn
Muslim is not permitted to refrain from marriage on the Jarir in his Tafsir.)
grounds that he has dedicated himself to the service or the It is reported by al-Bukhari and others that three people came
worship of Allah and to a life of monasticism and renunciation to the Prophet's wives and asked how the Prophet (peace be on
of the world. The Prophet (peace be on him) noted a tendency him) conducted his worship. When they were told about it, they
toward monasticism among some of his Companions. seemed to consider it but little, saying, "What a difference
Declaring this to be a deviation from the straight path of Islam there is between us and the Messenger of Allah (peace be on
and a rejection of his sunnah (recommended practice), he him), whose past and future sins have been forgiven him by
thereby rid Islam's conceptual framework of such a Christian Allah!" One of them said, "As for me, I will always pray
notion. Abu Qulabah narrated "Some of the Companions of the during the night." The other said, "I will have nothing to do
Prophet (peace be on him) decided to relinquish the world, with women and will never marry.
forsake their wives, and become like monks. " When the Prophet (peace be on him) heard about this, he
explained to them their error and deviation from the straight

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path, saying, I am the one who fears Allah the most among wishes to pay the sum, and the one who fights in the cause of
you, yet I fast and I break my fast, I pray and I sleep, and I Allah. (Reported by Ahmad, al-Nisai, al-Tirmidhi, Ibn Majah,
marry women. He who turns away from my sunnah has and al-Hakim.)
nothing to do with me. S'ad ibn Abi Waqqas said, Allah's
Messenger (peace be on him) objected to 'Uthman ibn Maz'un Seeing the Woman to Whom One Proposes Marriage
living in celibacy. If he had given him permission (to do so), It is permissible for a Muslim man to see the woman to whom
we (others) would have had ourselves castrated. (Reported by he intends to propose marriage before taking further steps so
al-Bukhari and Muslim.) that he can enter into the marriage knowing what is ahead for
Addressing the young men of all times, the Prophet (peace be him. Otherwise, if he has not seen her before marriage, he may
on him) said, 'Young men, those of you who can support a wife not find her looks to his liking and may have regrets after he is
should marry, for it keeps you from looking at women and married to her. The eye is the messenger of the heart; when the
preserves your chastity.' (Reported by al-Bukhari.) From this eyes meet, the hearts and the souls of man and woman may
statement some scholars have inferred that marriage is meet as well.
obligatory for the Muslim who is able to support a wife and Muslim reported Abu Hurairah as saying that a man came to
that the avoidance of it is not permissible, while other scholars the Prophet (peace be on him) and told him that he had
add the further condition for its obligatoriness that he should be contracted to marry a woman of the Ansar. "Did you look at
afraid of falling into sin. In fact, it is not befitting that a her?" the Prophet (peace be on him) asked. "No," he said,
Muslim should refrain from marriage out of fear of poverty or 'Then go and look at her,' said the Prophet (peace be on him),
of not being able to meet his obligations. 'for there is something in the eyes of the Ansar,' meaning that
some of them have a defect of their eyes AlMughira ibn
He should make every possible attempt to find employment,
Shu'bah said, I asked for a woman in marriage and Allah's
seeking help from Allah, for He has promised to help those
Messenger (peace be on him) asked me whether I had looked at
who marry in order to protect their chastity and purity. Says
her.
Allah Ta'ala: And marry those among you who are single and
When I replied that I had not, he said 'Then look at her, for it
the virtuous ones among your slaves, male or female. If they
may produce love between you.' I went to her parents and
are in poverty, Allah will enrich them out of His bounty....
informed them of the Prophet's advice. They seemed to
(24:33) And the Messenger of Allah (peace be on him) said,
disapprove of the idea. Their daughter heard the conversation
There are three who have a right to the help of Allah: the one
from
who marries out of the desire to live a chaste life, the slave
whose master has agreed to his buying his freedom when he

111
her room and said, 'If the Prophet (peace be on him) has told hadith, "...to look at what will induce him to marry her." (Al-
you to look at me, then look.' I looked at her, and subsequently Bahee al-Khooly, Al-Mar'ah Bain al-bayn al-bait wal-
I married her. (Reported by Ahmad, Tirmidhi, Ibn Majah, Ibn Mujtamah'.) If the man's intention of marriage is sincere, he is
Hibban, and Darimi.) The Prophet (peace be on him) did not permitted to see the woman with or without her and her
specify either to Mughirah or to the other man how much of the family's knowledge. Jarir ibn 'Abdullah said concerning his
woman they were permitted to see. Some scholars are of the wife, "(Before marriage) I used to hide under a tree to see her."
opinion that looking is limited to seeing the face and hands. From the hadith concerning al-Mughira we understand that the
However, it is permissible for anyone to see the face and hands father of a girl cannot, out of deference to custom and tradition,
as long as no desire is involved; therefore, if asking for woman prevent a suitor who is in earnest from seeing her, for customs
in marriage is an exemption, obviously the man making the and traditions must be governed by the Shar'ah.
proposal should be able to see much more of the woman than How is it possible that the Divine Law shbe subjected to the
that. whims of human beings? On the other hand, however, neither
The Prophet (peace be on him) said, When one of you asks for the father, the suitor, or the fiancée can stretch this permission
woman in marriage, if he is able to look at what will induce to such an extent that the young man and woman, under the
him to marry her, he should do so. (Reported by Abu Daoud.) pretext of betrothal or engagement, go to movie "heaters, clubs,
Some scholars have gone to one extreme or another in relation and shopping places together without being accompanied by a
to this permission, but the best course seems to be the middle mahrem of hers, a practice which has become common today
one. One researcher considers it quite appropriate in our time among Muslims who are fond of imitating Western civilization
that the man who is proposing be allowed to see the woman as and its customs.
she normally appears before her father, brother, and other
muharramah. Prohibited Proposals
He says: In the context of the above hadith, he may even It is haram for a Muslim man to propose to a divorced or
accompany her, together with her father or some other mahrem widowed woman during her 'iddah (that is, the waiting period
as chaperone, on her usual visits to relatives or to public places, during which she is not allowed to remarry), for this waiting
while clad in full hijab. (Hijab denotes the proper Islamic dress. period is part of the previous marriage and may not be violated.
(Trans. In this way he will have the opportunity to get an Although one may, during this period, convey his desire for
insight into her reasoning, behavior, and personality. this is a marriage through indirect hints or suggestions, it may not be
part of the meaning of the done through an explicit

112
proposal. Says Allah Ta'ala: And there is no blame on you in (Reported by al-Bukhari and Muslim.) Ibn Majah and some
what you proclaim or hide in your minds concerning betrothal other transmitters report the following hadith: A girl came to
to women....(2:235) It is likewise forbidden to the Muslim to the Prophet (peace be on him) and informed him that her father
propose to a woman who is already betrothed to a brother had married her to her cousin against her wishes, whereupon
Muslim; the one whose proposal has already been accepted has the Prophet (peace be on him) allowed her to exercise her
acquired a right which must be safeguarded in consideration of choice. She then said, 'I am reconciled to what my father did
goodwill and affection among people, especially among his but I wanted to make it known to women that fathers have no
brother Muslims. say in this matter.' The father of a girl must not delay marriage
of his daughter if a proposal is received from a man of equal
However, if the first suitor terminates his betrothal or gives the
status who is of sound religion and character.
second suitor his permission, there is no harm in proceeding
The Prophet (peace be on him) said, Three matters should not
with it. Muslim reported that the Messenger of Allah (peace be
be delayed: salat when its time comes, burial when the funeral
on him) said, A Believer is a brother to another Believer. It is
has arrived, and the marriage of a single woman when a man of
therefore not lawful for him to outbid his brother in buying
equal status has proposed. (Reported by al-Tirmidhi.) He
something or to propose to a woman when his brother has done
further said When someone with whose religion and character
so, unless he gives him permission.
you are satisfied asks for your daughter in marriage, accede to
And al-Bukhari reported that the Prophet (peace be on him) his request. If you do not do so there will be corruption and
said, A man must not propose to another man's betrothed great evil on the earth. (Reported by al-Tirmidhi.)
unless he withdraws or gives him permission.
Women To Whom Marriage is Prohibited
It is permanently haram for a Muslim to marry a woman who
The Consent of the Girl belongs to one of the following categories:
It is the girl's right to make a decision concerning her marriage, 1. The father's wife, whether divorced or widowed. During the
and her father or guardian is not permitted to override her period of jahiliyyah such marriages were allowed. Then Islam
objections or ignore her wishes. The Prophet (peace be on him) prohibited them, for once a woman is married to a man's father
said, A woman who has been previously married has more she acquires the status of his mother, and this prohibition is out
right concerning her person than her guardian, and a virgin's of honor and respect for the father. Moreover, as this inviolable
consent must be asked about herself, her consent being her prohibition leaves no room for sexual attraction between the
silence. son

113
and his step-mother, they are able to develop a relationship of and kinship by prohibiting incest and thereby directing the
respect and honor. man's search for women outside the family. Thus each
2. The mother, including the grandmothers on both sides. marriage extends the sphere of love, bringing new people
3. The daughter, including the granddaughters from the son or within this ever-expanding network of affection: "And He has
daughter. put love and mercy between you." (30:21)
4. The sister, including the half, and step-sisters. D. The natural sentiments of love and affection between a man
5. The paternal aunt, whether she is the real, half, or step-sister and the above-mentioned female relatives must be kept strong
of the father. forever. If marriage were permitted between such relatives, it
6. The maternal aunt, whether she is the real, half, or step- would cause jealousies, dissensions, and the disruption of
sister of the father. families, destroying the very sentiments of love and affection
7. The brother's daughter, i.e., his niece. 8. The sister's which give cohesiveness and permanence to the family
daughter, i.e., his niece. All these female blood-relatives are a structure.
man's muharramat and he is E. The offspring of marriages to such close blood relatives
mahrem to his corresponding female relatives. Marriage to any would most probably be defective and weak. Moreover, if
mahrem whomsoever is permanently prohibited. The reasons physical or mental defects are present in the members of a
for this prohibition are as follows. family, they would become more pronounced among the
A. Entertaining any sexual thoughts concerning such close children of such marriages.
relatives as one's mother, sister, and daughter is instinctively F. The woman needs someone to champion her rights and
abhorrent to human nature; there are even certain animals support her case against her husband, especially when relations
which avoid mating with such closely-related animals. The between the two of them become strained. If those women who
respect a man feels for his aunts is like the respect he has for could defend her became rivals, how would this be possible?
his mother, and likewise uncles are regarded as fathers. Marriages Prohibited by Reason of Fosterage
9. The foster mother: It is haram for a Muslim to marry a
B. Since the family must live together in intimacy and privacy
woman who has suckled him during his infancy, for suckling
but without incestuous relations, the Shari'ah intends to cut at
makes her like his real mother, since milk has gone into the
the roots of any sexual attraction among such close relatives.
making of his flesh and bones. Nursing consciously or
C. Since there is natural love and affection among such close unconsciously produces feelings of motherhood in a woman
blood relatives, the intent of the Shari'ah is to expand the circle and of kinship in a child, and although these feelings might
of love seem to disappear as the child grows and becomes a man, they

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remain hidden in the unconscious. However, the prohibition of 13. The daughter-in-law: That is, the wife of the real son, not
marriage based on fosterage is effective only if the suckling that of the adopted son. In fact, Islam abolished the
occurred before the time of weaning; that is, when milk was the permissibility of the system of legal, formalized adoption,
primary source of food. Another condition is that the child has because this is contrary to fact and to reality, resulting in the
suckled his fill on five separate occasions, a fill being defined prohibiting of what is essentially halal and the permitting of
as when the child leaves off suckling of his own accord. what is essentially haram. Allah Ta'ala says: ...Nor has He
After a survey of all the ahadith on this subject, the fixing of made your sons by adoption your (real) sons. Those are simply
five sucklings as the minimum seems to be the preferred view. words from your mouths....(33:4) meaning that it is merely an
10. Foster sisters: Just as a woman become a mother to a child expression of the language which does not alter reality nor
by virtue of suckling, likewise her daughters become his transform an outsider to the family into a blood relative. These
sisters, her sisters his aunts, and so on. The Prophet (peace be three types of female relatives are forbidden in marriage in
on him) said: "What is haram by reason of genealogy is haram order that peaceful relationships may be maintained among the
by reason of fosterage.'' (Reported by al-Bukhari and Muslim.) in laws.
Thus the foster-sisters, foster-aunts, and foster-nieces are all Sisters as Co-Wives
muharramat and marriage to them is permanently prohibited. 14. As opposed to the practice of the period of jahiliyyah,
Islam forbade taking two sisters as co-wives, at the same time
In-Law Relationships because the feeling of love and sisterliness which Islam wants
11. The mother-in-law: Marriage to the wife's mother is to maintain between sisters would be destroyed if one sister
permanently prohibited from the time a man enters into a became the co-wife of the same husband. While the Qur'an
marriage contract with a woman, whether he and hiwife have mentioned the two sisters, the Prophet (peace be on him)
engaged in sexual intercourse or not. The act of marriage itself added, A man may not be married to a woman and her paternal
gives the mother-in-law the same status as the mother. aunt (at the same time), nor to a woman and her maternal aunt.
12. The step-daughter: A man cannot marry his step-daughter (Reported by al-Bukhari and Muslim.) and he said, If you do
(his wife's daughter by a previous marriage) if sexual this, you will sever your ties of kinship,(Reported by Ibn
intercourse has taken place with her mother, his wife. Hibban.) and how could Islam permit the breaking of such
However, if a man divorces his wife without having had kinship ties when it places so much importance on them?
intercourse with her, it is permissible for him to marry her
daughter by a previous marriage. Married Women

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15. As long as a woman is married, her marriage to any other daughters, and your sisters and your father's sisters and your
man is prohibited. She may marry another man only when two mother's sisters, and your brothers' daughters and your sisters'
conditions are fulfilled: daughters, and your foster mothers and your foster sisters, your
1. Her marriage tie is broken either because of the death of her wives' mothers, your stepdaughters under your guardianship
husband or because of divorce; born of your wives to whom you have gone in -and if you have
2. She has completed the period of waiting ('iddah) ordained not gone into them there is no blame on you -and the wives of
by Allah. For a pregnant woman this period ends when she your sons proceeding from your loins, and that you should
delivers the baby. If she is widowed but not pregnant, the marry two sisters at one time, except what is past; indeed Allah
period of 'iddah is four months and ten days, while if she is is Forgiving, Merciful. (4:22-23) The prohibition against being
divorced and it is not known whether or not she is pregnant, the married to a woman and any of her aunts at the same time is
'iddah is three menstrual cycles. This 'iddah relates to the derived from the hadith cited above.
woman who has menstrual periods; for a woman who does not
menstruate, the 'iddah is three months. Mushrik Women
Allah Ta'ala says: And divorced women shall wait concerning 16. A woman who is mushrik (Mushrik denotes someone who
themselves for three monthly periods. And it is not permissible commits shirk, or ascribes partners to Allah by his polytheistic
for them to conceal what Allah has created in their wombs, if beliefs or idolatrous practices. (Trans., that is, who worships
they believe in Allah and the Last Day. (2:228) and As for idols or associates other deities with Allah, is also among those
those who have no further expectation of menstruation among who are pprohibited. Allah Ta'ala says, And do not marry
your women, if you are in doubt, the waiting period is three mushrik women until they believe, for a believing bondmaid is
months, as well as for those who have no menses. better than a mushrik woman, even though you may admire
And for those who are pregnant, their period is until they her. And do not marry (your girls) to mushrik men until they
deliver their burdens,(65:4) and, For those of you who die and believe, for a believing bondsman is better than a mushrik,
leave behind widows, they shall wait concerning themselves even though you may admire him.
for four months and ten days....(2:234) Of these fifteen They (mushrikeen) invite you to the Fire, but Allah invites you
categories of female relatives to whom marriage is prohibited, to the Garden and to forgiveness by His grace....(2:221) This
fourteen are mentioned in Surah al-Nisa: And do not marry verse proclaims that a Muslim man may not marry a mushrik
those women whom your fathers married, except what is past; woman nor may a Muslim woman marry a mushrik man,
indeed, it was an indecency and an abomination, and an evil because there is a great, unbridgeable gulf between the two
path. Forbidden to you are your mothers and your systems of

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belief. Islam invites people to the Garden of Paradise, while his companion for life, retain her own faith -all this, while the
shirk (idolatry or polytheism) leads them to the Fire of Hell. Qur'an says concerning marriage and its mystique, And among
While Muslims believe in God, His messengers, and the His signs is that He created for you mates from among
Hereafter, mushrikeen associate others with God, reject His yourselves, that you may dwell with them in tranquility, and
messengers, and deny the Hereafter. Marriage means living He has put love and mercy between you....(30:21) However, a
under one roof in harmony and love; how then would it be warning is in order here.
possible for such conflicting beliefs and practices to co-exist In order of preference, a believing, practicing Muslim woman
peacefully together in one abode? who loves her religion is preferable to a nominal Muslim
woman who has inherited Islam from her parents. The Prophet
Marriage to the Women of the People of the Book (peace be on him) said, "Get the one who is religious and
Islam has made marriage to Jewish or Christian women lawful prosper." (Reported by al-Bukhari.) It is also obvious that a
for Muslim men, for they are Ahl al-Kitab, that is, People of Muslim woman, regardless of who she is, is better suited to a
the Book, or people whose tradition is based upon a divinely Muslim man than a woman of Christian or Jewish faith,
revealed Scripture. Although they have distorted and altered it, regardless of her merits. If a Muslim man has the slightest
they do possess a religion of divine origin, and hence Islam has suspicion that a non-Muslim wife might affect the beliefs and
made some exceptions in dealing with them. attitudes of his children, it becomes obligatory on him to
The Qur'an says: ...And the food of those who were given the exercise caution.
Scripture (before you) is permitted to you and your food is If the number of Muslims in a country is small -for example, if
permitted to them. And (lawful to you in marriage are) chaste they are immigrants residing in a non-Muslim country -their
women from the Believers and chaste women from those who men ought to be prohibited from marrying non-Muslim women
were given the Scripture before you, when you give them their because, since Muslim women are prohibited from marrying
due cowers, desiring chastity, not lewdness or secret non-Muslim men, their marriage to non-Muslim women means
intrigues....(5:6: (5) ) that many Muslim girls will remain unmarried. Since this
Tolerance of such a degree is a characteristic of Islam which is situation is injurious to the Muslim society, this injury can be
hardly to be found among other faiths and nations. Despite the avoiby temporarily suspending this permission.
fact that Islam takes the People of the Book to task for their The Prohibition of a Muslim Woman's Marrying a Non-
unbelief and error, it permits the Muslim to marry a Christian Muslim
or Jewish woman who may, as his consort, the mistress of his
Man
house, the mother of his children, the source of his repose, and
It is haram for a Muslim woman to marry a non-Muslim man,

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regardless of whether he of the Peopleof the Book or not. We Christianity originated in divine revelation, although later
have already mentioned the saying of Allah Ta'ala, ...And do distortions were introduced into them. He also believes that
not marry (your girls) to idolaters until they believe....(2:221) God revealed the Taurat to Moses and the Injeel to Jesus,
And He said concerning the immigrant Muslim women, ...Then (Taurat refers to the original scripture revealed to the Prophet
if you know them to be Believers, do not send them back to the Moses by God, and Injeel to the Prophet Jesus.
unbelievers. These are not to be confused with either the existing Torah or
They are not halal for them (as wives), nor are they halal for Old Testament, or the four Gospels of the New Testament.
them (as husbands). (60:10) No text exists whichmakes (Trans. and that both Moses and Jesus (peace be on them) were
exceptions for the People of the Book, hence, on the basis of among the messengers of Allah who were distinguished by
the above verses, there is a consensus among Muslims their steadfast determination. Accordingly, the Christian or
concerning this prohibition. Thus, while a Muslim man is Jewish wife of a Muslim lives under the protection of a man
permitted to marry a Christian or Jewish woman, a Muslim who respects the basic tenets of her faith, her scripture, and her
woman is not allowed to marry a Christian or Jewish man. prophets, while in contrast to this the Jew or Christian
There are many sound reasons for this difference. First, the recognizes neither the divine origin of Islam, its Book, or its
man is the head of the household, the one who maintains the Prophet (peace be on him). How then could a Muslim woman
family, and he is responsible for his wife. live with such a man, while her religion requires of her the
And while Islam guarantees freedom of belief and practice to observance of certain worships, duties, and obligations, as well
the Christian or Jewish wife of a Muslim, safeguarding her as certain prohibitions.
rights according to her own faith, other religions, such as It would be impossible for the Muslim woman to retain her
Judaism and Christianity, do not guarantee the wife of a respect for her beliefs as well as to practice her religion
different faith freedom of belief and practice, nor do they properly if she were opposed in this regard by the master of the
safeguard her rights. Since this is the case, how can Islam take house at every step. It will be realized from this that Islam is
chances on the future of its daughters by giving them into the consistent with itself in prohibiting the Muslim man to marry a
hands of people who neither honor their religion nor are mushrik woman, for since Islam is absolutely opposed to shirk,
concerned it would obviously be impossible for two such people to live
to protect their rights? A marriage between a man and woman together in harmony and love.
of different faiths can be based only on the husband's respect
for his wife's beliefs; otherwise a good relationship can never Fornicatresses
develop. Now, the Muslim believes that both Judaism and

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17. Here "fornicatresses" (al-zaniyah) denotes women who for the unmarried fornicator and his partner, while the
earn money through prostitution. It is reported that Marthad ibn punishment of death by stoning, if the crime is proved either by
Abu Marthad asked the Prophet's permission to marry a four male adult eye witnesses to the act or by self confession,
prostitute named 'Anaq with whom he had relations during the has been prescribed for the married adulterer and his partner.
pre-Islamic period. The Prophet (peace be on him) did not give (Trans.: Flog the woman and the man guilty of fornication each
him an answer until Allah revealed, The fornicator shall not with a hundred stripes....(24:2)
marry anyone except a fornicatress or an idolatress, and the While this is a corporal punishment, the punishment mentioned
fornicatress shall not marry anyone but a fornicator or an in 24:3 is a civil punishment, for depriving fornicators of the
idolater, and that (marrying them) is haram for the Believers. right to marry chaste women is like depriving someone of
(24:3) citizenship, nationality, or some other civil right as a
The Prophet (peace be on him) then recited this verse to punishment for a crime.
Marthad and said, "Do not marry her." (This story is reported Ibn al-Qayyim, after explaining the meaning of the previously-
by Abu Daoud, al-Nisai, and al-Tirmidhi.) Allah Subhanahu cited verse goes on to say: This explicit injunction of the
wa Ta'ala has permitted Muslims to marry chaste believing Qur'an is what human nature and reason demand. Allah Ta'ala
women or chaste women of the People of the Book. Similarly, prohibits His slave (the Muslim man) to become a pimp to his
He has made marriage lawful to men on the condition that wayward wife, as He made man's nature with an instinctive
they seek it "in honest wedlock, not in lust." (4:24). abhorrence and contempt for acting as a pimp. This is why,
Accordingly, if someone does not accept this command from when people want to abuse someone in the most disparaging
the Book of Allah, nor considers it binding, he is a mushrik (As manner, they call him 'the husband of a whore;' and Allah does
we saw in Chapter One in the discussion concerning Allah's not permit the Muslim to be like that.
sole right to legislate the halal and
Further light is thrown on this prohibition by considering the
haram for His servants, anyone who disobeys or disregards this
crime of the woman against her husband and society. She
explicit command of Allah Ta'ala is considered a mushrik or an
defiles the bed of her husband and perverts the lineage which
associator), and no one will agree to marry him except another
Allah desires to preserve for the integrity and
mushrik. If someone accepts this command as binding, but
smoothfunctioning of society, which He counts as one of His
despite this he marries a fornicatress to whom marriage has
favors upon mankind.
been prohibited, he becomes a fornicator himself. This ayah
just cited comes after the ayah prescribing the punishment of Adultery leads to the confounding and doubting of parentage.
flogging for fornicators (This punishment has been prescribed It is thus one of the beauties of the Islamic Shari'ah that it

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prohibits marriage to a prostitute until she repents and the two parties to lafor a specified period of time in exchange
demonstrates that she is not pregnant (that is, until she has a for a specified sum of money, the above-mentioned purposes of
menstrual period in order to ascertain that she is not carrying a marriage are not realized.
child). (lghathat al-Lahfan, vol. 1, pp. 66-67.) Moreover, a While the Prophet (peace be on him) permitted temporary
prostitute is a vile and degraded woman. Allah has ordained marriage during journeys and military campaigns before the
that marriage be a source of affection and mercy between the Islamic legislative process was complete, he later forbid it and
spouses. made it forever haram. The reason for it was permitted in the
beginning was that the Muslims were passing through what
How then could a vile woman be the object of love of a
might be called a period of transition from jahiliyyah to Islam.
virtuous man, since the partners in a marriage must be akin in
Fornication was very common and wide-spread among the pre-
their ideas, attitudes, and characters if true love and
Islamic Arabs. After the advent of Islam, when they were
understanding are to develop between them. As vileness and
required to go on military expeditions, they were under great
virtue are antithetical to each other both by nature and by
pressure as a result of being absent from their wives for long
considerations of morality, there cannot even be a sympathy,
periods of time.
much less love and affection, between the two. Indeed, Allah
Among the Believers were some who were strong in faith and
Subhanahu wa Ta'ala has spoken truly in His saying, Vile
others who were weak. The weak ones feared that they would
women are for vile men, and vile men are for vile women;
be tempted to commit adultery, a major sin and an evil course,
virtuous women are for virtuous men and virtuous men are for
while the strong in faith, on the other hand, were ready to
virtuous women. (24:26)
castrate themselves, as stated by Ibn Mas'ud: We were on an
Temporary Marriage (Mut'ah) expedition with the Messenger of Allah (peace be on him) and
Marriage in Islam is a strong bond, a binding contract, based did not have our wives with us, so we asked Allah's Messenger
on the intention of both partners to live together permanently in (peace be on him), 'Should we not castrate ourselves? (The
order to attain, as individuals, the benefit of the repose, reason for this request was the desire to maintain their purity of
affection, and mercy which are mentioned in the Qur'an, as mind and body, which was in danger of being affected by their
well as to attain the social goal of the reproduction and unmet needs. (Trans. He forbade us to do so but permitted us to
perpetuation of the human species: And Allah has made for our contract marriage with a woman up to a specified date, giving
spouses of your own nature, and from your spouses has made her a garment as a dower (mahr) (Reported by al-Bukhari and
for you sons and grandsons....(16:72) Now, in temporary Muslim.) Thus temporary marriage provided a solution to the
marriage (known in Arabic as mut'ah), which is contracted by

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dilemma in which both the weak and the strong found held the view that after the completion of the Islamic
themselves. legislation, temporary marriage was made absolutely haram.
It was also a step toward the final legalization of the complete Ibn 'Abbas, however, held a different opinion, permitting it
marital life in which the objectives of permanence, chastity, under necessity. A person asked him about marrying women on
reproduction, love, and mercy, as well as the widening of the a temporary basis and he permitted him to do so. A servant of
circle of relationships through marriage ties were to be his then asked, "Is this not under hard conditions, when women
realized. We may recall that the Qur'an adopted a gradual are few and the like?" and he replied, "Yes." (Reported by al-
course in prohibiting intoxicants and usury, as these two evils Bukhari.) Later, however, when Ibn 'Abbas saw that people
were widespread and deeply rooted in the jahili society. In the had become lax and were engaging in temporary marriages
same manner' the Prophet (peace be on him) adopted a course without necessity, he withdrew his ruling, reversing his
of gradualism in the matter of sex, at first permitting temporary opinion. (Zad alMi'ad,vol.4,p. 7. Bayhaqi transmitted it and
marriage as a step leading away from fornication and adultery, Muslim as well.)
and at the same time coming closer to the permanent marriage
relationship. Marrying More Than One Woman
He then prohibited it absolutely, as has been reported by 'All Islam is a way of life consonant with nature, providing human
and many other Companions. Muslim has reported this in his solutions to complex situations and avoiding extremes. This
Sahih, mentioning that al-Juhani was with the Prophet (peace characteristic of Islam can be observed most clearly in its stand
be on him) at the conquest of Makkah and that the Prophet concerning the taking of more than one wife. Islam permits the
(peace be on him) gave some Muslims permission to contract Muslim to marry more than one woman in order to resolve
temporary marriages. Al-Juhani said, "Before leaving Makkah some very pressing human problems, individual as well as
the Messenger of Allah(peace be on him) prohibited it." In social. Many peoples and religions prior to Islam permitted
another version of the hadith we find the Prophet's own words, marriage to a host of women, whose number reached tens and
"Allah has made it haram until the Day of Resurrection." sometimes hundreds, without any condition or restriction.
The question then remains -Is temporary marriage (mut'ah) Islam, on the other hand, laid down definite restrictions and
absolutely haram, like marriage to one's own mother or conditions for polygamy.
daughter, or is it like the prohibition concerning the eating of With regard to the restriction, it limited to four the maximum
pork or dead meat, which becomes permissible under real number of wives a man might have. When Ghailan al-Thaqafi
necessity, the necessity in this case being the fear of accepted Islam, he had ten wives. "Choose four of them and
committing the sin of zina ? The majority of the Companions divorce the rest,'' (Reported by al-Shafi'i, Ahmad, al-Tirmidhi,

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Ibn Majah, Ibn Abi Shaybah, al-Darqutni, and Bayhaqi.) the pertains to the rights of the wives, not to the love the husband
Prophet (peace be on him) told him. feels towed them, for equality in the division of love is beyond
Similarly, some men who had eight (Reported by Abu Daoud human capacity and any imbalance in this regard is forgiven by
in his Musnad.) or five (Reported by Ahmad, al-Darimi, Ibn Allah Ta'ala who says: And you will not be able to do justice
Hibban, al-Hakim, and the compilers of Sunan (Abu Daoud, al- among (your) wives, however much you may wish to. But do
Nisai, and Ibn Majah).) wives at the time of embracing Islam not turn away (from one of them) altogether....(4:139) This is
were told by the Prophet (peace be on him) to retain only four. why the Prophet (peace be on him) used to divide his time
The case of the Prophet (peace be on him), who himself had among his wives equally, saying, O Allah, this is my division
nine wives, was exempted from this by Allah for the sake of in regard to what I can control. Then do not take me to task
da'wah (the propagation of the message of Islam) during his regarding what Thou controllest and I do not control (Reported
lifetime and because of the need of the Muslim ummah after by the compilers of Sunan.) referring to the attachment and
his death. affection which he felt for one particular wife. And when he
planned to go on a journey, Allah's Messenger (peace be on
Justice Among Wives -A Condition him) would cast lots among his wives, and the one who was
The condition which Islam lays down for permitting a man to chosen by lot would accompany him. (Reported by al-Bukhari
have more than one wife is confidence on his part that he will and Muslim.)
be able to deal equitably with his two or more wives in the
matter of food, drink, housing, clothing and expenses, as well
Why Marriage to More Than One Woman is Permitted in
as in the division of his time between them. Anyone who lacks
the assurance that he will be able to fulfill all these obligations Islam
with justice and equality is prohibited by Allah Ta'ala from
Islam is the last and final word of Allah Subhanahu wa Ta'ala,
marrying more than one woman, for Allah Ta'ala says: ...But if
ending the series of His messages to mankind. It therefore
you fear that you will not be able to do justice (among them),
came with a general law suitable for all times and places, and
then (marry) only one....(4:3)
for the whole of humanity. It did not legislate for the city
And the Prophet (peace be on him) said, Anyonewho has two
dweller only, while neglecting the nomad, nor for the cold
wives and does not treat them equally will come on the Day of
regions while ignoring the hot ones, nor for one particular
Resurrection dragging one part of his body which will be
period of time, forgetting later times and the generations to
hanging down. (Reported by the compilers of Sunan and by Ibn
come. Islam recognizes the needs and interests of all people, of
Hibban and al-Hakim.) The equal treatment mentioned here

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individuals as well as groups. And among human beings one remedy for this problem, and that is the judgement of Islam:
finds that And Who is better than Allah in judgement, for a people who
have certain faith? (5:53 (50) ) For this is the Islamic
individual who has a strong desire for children but whose wife
"polygamy" which people in the West consider so abhorrent
is barren, chronically ill, or has some other problem. Would it
and to which they react with such hostility, while their own
not be more considerate on her part and better for him the
men are free to have any number of girlfriends, without
marry a second wife who can bear him children, while
restriction and without any legal or moral accountability, either
retaining the first wife with all her rights guaranteed? Then
in respect to the woman or to the children she may bear as a
there may also be the case of a man whose desire for sex is
result of this irreligious and immoral plurality of extra-marital
strong, while his wife has little desire for it, or who is
relationships.
chronically ill, has long menstrual periods, or the like, while
Let the two alternatives -plurality of wives or plurality of illicit
her husbis unable to restrain his sexual urge. Should it not be
affairs -be compared, and let people ask themselves which is
permitted to him to marry a second wife instead of his hunting
the proper course of action, and which of the two groups is
around for girlfriends? There are also times when women
correctly guided!
outnumber men, as for example after wars which often
decimate the ranks of men.
In such a situation' it is in the interests of the society and of Chapter 3: The Halal And The Haram In
women themselves that they become co-wives to a man instead
Marriage And Family Life
of spending their entire lives without marriage, deprived of the
peace, affection, and protection of marital life and the joy of
motherhood for which they naturally yearn with all their hearts. 3. The Relationship Between Husband and Wife
Only three possible alternatives exist for such surplus women
who are not married as first wives: The Sexual Relationship Prohibited Intercourse Guarding the
Secrets Between the Husband and Wife The Relationship
1. to pass their whole lives in bitter deprivation,
Between Husband and Wife The Qur'an emphasizes the
2. to become sex objects and playthings for lecherous men; or spiritual objectives of marriage, making them the foundations
3. to become co-wives to men who are able to support more of marital life. These objectives are realized in the peace of
than one wife and who will treat them kindly. Unquestionably, mind which comes through wholesome sexual experience with
the last alternative is the correct solution, a healing the spouse whom one loves, in the enlargement of

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the circle of love and affection between the two families united you may go in to them in the manner ordained by Allah;
through marriage, and in the nurturing of affection and indeed, Allah loves those who turn to Him and He loves those
tenderness among the children under the loving care of their who are clean. (2:222) Some people understood the phrase,
parents. These are the objectives mentioned by Allah Ta'ala: "Refrain from women," as meaning that they should not live
And among His signs is that He created for you mates from together in the same house during the menstrual periods. The
among yourselves, that you may dwell with them in tranquility, Prophet (peace be on him) then explained the correct meaning
and He has put love and mercy between you. Indeed, in this are of this verse, saying, I ordered you only to refrain from having
signs for those who reflect. (30:21) intercourse with menstruating women and did not tell you to
send them out of the house as the foreigners do.
The Sexual Relationship
When the Jews of Madinah heard this they said, "This man
At the same time, the Qur'an does not neglect the sensual
does not like to leave any part of what we do unchanged, but
aspect and the physical relationship between husband and wife.
does the opposite." ('Tafsir of al-Razi, vol. 6, p. 66.) Thus the
It guides human beings to the best path, fulfilling the demands
Muslim can fondle and enjoy his menstruating wife, avoiding
of the sexual urge while avoiding harmful or deviant practices.
only the place of hurt. The Islamic position in this regard is, as
It is reported that the Jews and Zoroastrians used to go to
always, a middle one, between the one extreme of expelling the
extremes in avoiding any physical contact with menstruating
menstruating woman from the house and the other extreme of
women, while the Christians continue to have sexual relations
having intercourse with her. Recent medical researchers have
with them without regard to the flow of blood. The Arabs of
discovered that the menstrual flow contains a toxic substance
the period of jahiliyyah would not eat, drink, or sit with women
which, if undischarged, may be harmful to the body. Likewise,
who were menstruating and would send them to separate
they have discovered the reason why intercourse should be
dwelling just as the Jews and Zoroastrians did.
avoided during this time.
Accordingly, some Muslims asked the Prophet (peace be on
him) about what is permitted and what is forbidden in relation The reproductive organs become highly congested and the
to menstruating women. The following verse was then nerves very sensitive due to the secretion of the internal glands;
revealed: And they ask thee about menstruation. Say: It is a consequently, intercourse may irritate them, possibly impeding
hurt, so refrain from women during their menstruation and do the menstma1 flow and causing inflammation of the sexual
not approach them until they are cleansed. And when they have organs. (See Al-Islam wal-Tibb al-Hadith (Islam and Modern
cleansed themselves Medicine) by the late 'Abdul 'Aziz Isma'il.)

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Prohibited Intercourse Tirmidhi, al-Nisai, and Ibn Majah.) Again, he referred to such
Concerning the sensual relationship, these words of Allah an act as "minor sodomy." (Reported by Ahmad and al-Nisai.)
Ta'ala were revealed: Your wives are a tillage to you, so go in A woman of the Ansar asked him concerning vaginal
to your tillage as you will, and send (ahead something) for your intercourse from the back; he then recited to her, 'Your
souls; and fear Allah and know that you will (one day) meet wivesare a tilth to you, so go in to your tilth as you will,' but
Him, and give glad tidings to the Believers. (2:223) The Indian with only one receptacle. (Reported by Ahmad.) 'Umar came to
scholar, Waliullah Dehlavi, in explaining the Occasion of the him one day saying, "O Messenger of Allah, I am ruined!"
revelation of this ayah and its significance says: The Jews had "What has ruined you?" asked the Prophet (peace be on him).
unnecessarily restricted the postures of sexual intercourse He replied, "Last night I turned my wife over," meaning that
without any divine authority. he had had vaginal intercourse with her from the back. The
The Ansar (of Madinah) being their friends, followed their Prophet (peace be on him) did not say anything to him until the
practice and used to say, 'If a man has intercourse with his wife verse cited above was revealed. Then he told him, "From the
through the vagina while he is on her back, the child will have front or the back, but avoid the anus and intercourse during
a squint.' Thus the verse, 'So go in to your tillage as you will' menstruation." (Reported by Ahmad and al-Tirmidhi.)
was revealed; that is, it is immaterial whether the husband is on
top of his wife or on her back as long as intercourse is through Guarding the Secrets Between the Husband and Wife
the vagina, which constitutes the tillage. This is so because The Qur'an praises virtuous wives, ...Who are obedient,
these matters have nothing to do with religious or social policy guarding in secret what Allah has guarded....(4:34) Among
but are entirely a matter of personal taste. those secrets which must be guarded is the intimate
relationship with the spouse which it would be wrong to
Such sayings were among the absurdities of the Jews and Allah discuss in a gathering or speak about to friends. The Prophet
Ta'ala abolished them. (Hujjat Allah al-Baligah, vol. 2, p. (peace be on him) said: Among those who will occupy the
134. ) It is not a function of religion to define the postures of worst position in the sight of Allah on the Day of Resurrection
sexual intercourse. However, a Muslim who fears Allah in his is the man who has intercourse with his wife and she with him,
relationship with his wife and possesses the certainty that he and then he spreads her secret. (Reported by Ahmad, Abu
will meet Him avoids the anus because the Prophet (peace be Daoud, and al-Bazzar.)
on him) said, "Do not approach women from the anus." Abu Hurairah narrated, Allah's Messenger (peace be on him)
(Reported by Ahmad, al- led us in prayer, and when he had finished he turned toward us
and said, Remain seated. Is there among you the man who

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comes to his wife, closes the door, and draws the curtain, and (peace be on him) was coitus interruptus, or withdrawal of the
then goes out and speaks about it, saying, "I did this and I did penis from the vagina just before ejaculation, thus preventing
that with my wife?" the entrance of semen. The Companions of the Prophet (peace
They remained silent. Then he turned toward the women and be on him) engaged in this practice during the period the
asked, 'Is there among you one who tells about such things?' A Qur'an was being revealed to him. Narrated Jabir, We practiced
girl raised herself on her knees so that the Messenger of Allah coitus interruptus during the time of the Messenger of Allah
(peace be on him) could see her and listen to what she said. She (peace be on him) while the Qur'an was being revealed.
said, 'Yes, by Allah, the men talk about it and the women do, (Reported by al-Bukhari and Muslim) In a version transmitted
too.' Then the Prophet (peace be on him) said, 'Do you know by Muslim, he said, We practiced coitus interruptus during the
what those who do this are like? The ones who do this are like time of the Messenger of Allah (peace be on him).
a male and female devil who meet each other in the road and
satisfy their desire while the people look on. (Reported by the He came to know about it, but he did not prohibit it. A man
compilers of Sunan.) came to the Prophet (peace be on him), saying, "I have a slave
This emphatic way of expressing the matter should be girl. I desire what men desire, but I do not want her to become
sufficient to turn the Muslim away from such ill-considered pregnant, so I practice coitus interruptus with her. The Jews say
and degraded behavior, which would make him or her resemble that this is a minor form of burying your children alive". The
a devil! Prophet (peace be on him) said, "The Jews are wrong.

4. Contraception If Allah wishes to create a child, you cannot prevent it,"

(Reported by Abu Daoud, Ibn Majah; al-Nisai, and al-
Valid Reasons for Contraception Tirmidhi.) meaning that despite the employment of coitus
Abortion Contraception The preservation of the human interruptus, a drop of semen might have been deposited in the
species is unquestionably the primary objective of marriage, vagina without his awareness, resulting in conception.
and such preservation of the species requires continued In a gathering at which 'Umar was present, someone remarked,
reproduction. Accordingly, Islam encourages having many "Some say that coitus interruptus is a minor form of burying a
children and has blessed both male and female progeny. child alive." 'All then said, "This is not so before the
However, it allows the Muslim to plan his family due to valid completion of seven stages: being a product of the earth, then a
reasons and recognized necessities. The common method of drop of semen, then a clot, then a little lump of tissue, then
contraception at the time of the Prophet bones, then bones clothed

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with flesh, which then become like another creation." (Ali was have harmed the Persians and the Greeks." Another valid
paraphrasing the Qur'an 23:12-14, considering the creation of reason is the fear that the new pregnancy or a new baby might
Adam from wet earth as the first stage of development of every harm a previous suckling child. The Prophet (peace be on him)
human foetus. (Trans. "You are right," said 'Umar. "May Allah termed intercourse with a nursing mother, or rather the
prolong your life." intercourse which results in pregnancy while the mother is still
nursing a baby, "gheelah," thinking that pregnancy would ruin
Valid Reasons for Contraception the milk and weaken the suckling infant. Since he was greatly
The first valid reason for employing contraception is the fear concerned with the welfare of his ummah, he dissuaded them
that the pregnancy or delivery might endanger the life or health from what was harmful.
of the mother; past experience or the opinion of a reliable
Among his personal opinions (The Prophet sometimes
physician are the guides in determining this possibility. Allah
expressed his personal opinions in worldly matters, which he
Ta'ala says: ...And do not be cast into ruin by your own
distinguished from his binding judgments in matters of
hands....(2:195) ...And do not kill yourselves; indeed, Allah is
religion. (Trans. was the saying, "Do not kill your children
ever merciful to you. (4:29) Another reason is the fear that the
secretly, for gheelah overtakes the rider and throws him from
burden of children may straiten the family's circumstances so
the horse." (Reported by Abu Daoud.
much that one might accept or do something haram to satisfy
their needs. It is said that the child who nurses from a pregnant mother will
Allah says: . ..Allah desires ease for you, and He does not suffer from it in later life like a horseman who is thrown from
desire hardship for you....(2:185) ...It is not Allah's desire to his horse. (Trans The Prophet (peace be on him) did not,
place a burden upon you....(5:7 (6 Again, fear that the however, go so far as to prohibit intercourse with a nursing
children's health or upbringing may suffer may be a valid mother, as he noted that the Persians and Greeks, the two most
reason. On the authority of Usama ibn Zayd, Muslim in his powerful nations of his time, practiced it without any resulting
Sahih reported that a man came to the Messenger of Allah injury to their children.
(peace be on him), saying, "I practice coitus interruptus with
Moreover, he feared that it would be a great hardship for
my wife." "Why do you do that?" asked the Prophet (peace be
husbands to abstain from their wives during the period of
on him). He said, "I fear for her child," or he may have said,
suckling, which may last up to two years. He said, I intended to
"for her children." The Messenger of Allah (peace be on him)
prohibit gheelah, but I considered the Persians and the
then said, "If it (the pregnancy of a nursing mother) were
harmful, it would

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Greeks and saw that they suckled their children during well. (Trans. while at the same time avoiding the hardship to
pregnancy without any injury being caused to their children as the husband in abstaining from sexual relations with his
a result. (Reported by Muslim.) Ibn al-Qayyim, in discussing nursing wife. From this we may conclude that from the Islamic
the relationship of this hadith to the one quoted just before it, point of view the ideal spacing between two children is thirty
"Do not kill your children secretly..." says, The Prophet (peace months, or, if one wants to nurse the baby for two full years,
be on him) saw that pregnancy harms the suckling infant in the (Two full years is the maximum period for the suckling of an
same way as being thrown off a horse harms a rider: it is infant in Islam. (Trans. thirty-three months. Imam Ahmad bin
injurious, but not to the extent of killing the baby. Hanbal is of the opinion that contraception requires the consent
He advised them to avoid intercourse leading to pregnancy of the wife, because she has a right both to sexual enjoyment
while the woman is nursing an infant but did not prohibit it. He and to decide whether or not she wants a child. It is reported
then intended to prohibit it in order to save the health of the that 'Umar forbade the practice of coitus interruptus without the
suckling child but realized that the resulting hardship to the consent of the wife. This was, on the part of Islam, a
husband, especially for young ones, would be much more noteworthy step toward establishing the rights of women in an
injurious to the society. On balancing these matters, therefore, age in which they had no rights.
he preferred not to prohibit it.
Moreover, he saw that (in) the two most powerful and Abortion
populous nations of his time, (women) suckled their children While Islam permits preventing pregnancy for valid reasons, it
during pregnancy without its affecting their strength or does not allow doing violence to the pregnancy once it occurs.
numbers, and accordingly he refrained from prohibiting it. Muslim jurists agree unanimously that after the foetus is
(Miftah Dar al-Sa'adah by Ibn al-Qayyim, p. 620; also see Zad completely formed and has been given a soul, aborting it is
al-Mi'ad, vol. 4 p. 26) haram. It is also a crime, the commission of which is prohibited
In our time new methods of contraception are available which to the Muslim because it constitutes an offense against a
realize the objective intended by the Prophet (peace be on complete, live human being. Jurists insist that the payment of
him), that of protecting the suckling infant from any possible blood money (diya) becomes incumbent if the baby was
harm which may Occur due to the pregnancy of its mother, aborted alive and then died, while a fine of lesser amount is to
(Although the primary issue discussed here is the welfare of the be paid if it was aborted dead. However, there is one
child, the mother's health and well-being is also an object of exceptional situation.
concern here as If, say the jurists, after the baby is completely formed, it is
reliably established that the continuation of the pregnancy

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would necessarily result in the death of the mother, then, in Divorce in the Pre-Islamic Period Divorce in Judaism
accordance with the general principle of the Shari'ah, that of Divorce in Christianity
choosing the lesser of two evils, abortion must be performed. -Differences Among Christian Denominations Regarding
For the mother is the origin of the foetus; moreover, she is Divorce
established in life, with duties and responsibilities, and she is -Consequences of the Christian Stand on Divorce
also a pillar of the family. It would not be possible to sacrifice -The Christian Stand on Divorce: A Temporary Injunction, Not
her life for the life of a feotus which has not yet acquired a a Permanent Law
personality and which has no responsibilities or obligations to The Islamic Limits for the Regulation of Divorce The
fulfill. (Al-Fatawa by Shaikh Shaltut p. 164.) Imam al-Ghazzali Prohibition of Divorcing During Menstruation Taking an Oath
makes a clear distinction between contraception and abortion, of Divorce Where the Divorcee Resides During the Waiting
saying, Contraception is not like abortion. Period Repeated Divorce
Abortion is a crime against an existing being. Now, existence Reconciling Honorably or Separating with Kindness The
has stages. The first stages of existence are the settling of the Divorced Woman's Freedom to Remarry The Woman's Right
semen in the womb and its mixing with the secretions of the to Demand Divorce The Prohibition of ill-treatment
woman. (It was then believed that the mingling of the semen The Prohibition of the Oath of Desertion Divorce Marriage, as
with the secretions of the woman in the uterus caused stated previously, is a strong bond by means of which Allah
pregnancy. (Trans. It is then ready to receive life. Disturbing it joins a man and a woman. While they are "single" as individual
is a crime. When it develops further and becomes a lump, human beings, after marriage they are termed a "couple."
aborting it is a greater crime. Marriage makes of them a pair, and thus the sorrow and joy of
When it acquires a soul and its creation is completed, the crime the one are equally the sorrow and joy of the other.
becomes more grievous. The crime reaches a maximum
seriousness when it is committed after it (the foetus) is The Qur'an describes this bond in beautiful and vivid language:
separated (from the mother) alive. (AI-Ihya, book of "Al- ...They (wives) are your garments and you are their garments....
Nikah" (Marriage), p. 74.) (2:187) meaning that each is the protection, the covering, the
support, and the adornment of the other. (AI-Tirmidhi
5. Divorce transmitted that Abu Hurairah reported Allah's Messenger
Mutual Tolerance Between Husband and Wife Rebelliousness (peace be on him) as saying, "The Believers who show the
and Strife When Divorce Becomes Permissible most perfect faith are those who have the best disposition, and
the best of you are those who are best to their wives." In a

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hadith narrated by 'Aishah, the last words are "and are kindest permitted to revile, curse, or say insulting words to his wife.
to their families," as transmitted by al-Tirmidhi. (Trans. Each Concerning the rights of the husband, the Prophet (peace be on
of the two spouses has rights in regard to the other which must him) said, It is not lawful for a woman who believes in Allah to
be recognized and which are not to be diminished. These allow anyone in her husband's house while he dislikes it. She
mutual rights are equivalent except in relation to what is should not go out of the house if he dislikes it and should not
particular to men by virtue of their natural position, as Allah obey anyone who contradicts his orders. She should not refuse
says: ...And they (women) have (rights) similar to those (of to share his bed. (Meaning that she should not deny him sexual
men) over them in an honorable fashion, but men have a degree access when he desires it. (Trans She should not beat him (in
over them. (2:228) This "degree" (darajah) is related to men's case she is stronger than he).
role as the maintainers and leaders of the family. If he is more in the wrong than she, she should plead with him
A man asked the Prophet (peace be on him), "O Messenger of until he is reconciled. If he accepts her pleading, well and
Allah, what rights may a wife demand of her husband?" He good, and her plea will be accepted by Allah; while if he is not
replied, That you should feed her (with the same standard) as reconciled with her, her plea will have reached Allah in any
you feed yourself, clothe her as you clothe yourself, that you case. (Reported by al-Hakim.)
should never hit her face or put her down, or cut yourself off
Mutual Tolerance Between Husband and Wife
from her unless it occurs in the house. (Reported by Abu
Daoud and by Ibn Hibban in his Sahih.) Accordingly, it is not A husband must be patient with his wife if he sees something
permissible for the Muslim husband to neglect to provide his in her which he disapproves and dislikes. He should recognize
wife with food and clothing. that he 1S dealing with a human being with natural
A hadith states, "Wasting thesustenance of his dependents is imperfections, and he should balance her good qualities with
sufficient sin for a man." (Reported by Abu Daoud, al-Nisai, her failings. The Prophet (peace be on him) said, Let a
and al-Hakim.) Striking her on the face is also prohibited, since believing man not dislike a believing woman.
it is an insult to her human dignity as well as being a danger to
If something in her is displeasing to him, another trait may be
the most beautiful part of her body. And if the Muslim is
pleasing. And Allah Ta'ala says, ...And consort with them in
pushed to discipline his wife in the event of open rebellion,
kindness, for if you dislike them, it may be that you dislike
when all other methods have failed, he is not allowed to beat
something in which Allah has placed much good. (4:19) While
her in a manner which causes pain or injury, and he is most
on the one hand Islam requires the men to be tolerant and
certainly not permitted to touch her face or other easily injured
parts of her body. Similarly, the Muslim is not

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patient with what he dislikes in his wife, on the other it any other instrument which might cause pain and injury. Rather
command the wife to try to please her husband as far as her this "beating" should be of the kind which the Prophet (peace
ability and charm l allow, and warns her not to let a night pass be on him) once, when angry with his servant, mentioned to
during which her husband remains angry with her. A hadith him, saying, If it were not for the fear of retaliation on the Day
states: There are three (persons) whose salat does not rise even of Resurrection, I would have beaten you with this miswak
a single span above their heads: a man leading a congregational (tooth-cleaning stick). (Reported by Ibn Sa'd in his Tabaqat.)
salat while the people hate him, a woman passing the night The Prophet (peace be on him) admonished men concerning
while her husband is angry with her, and two quarreling beating their wives, saying, "None of you must beat his wife as
brothers. (Reported by Ibn Majah and by Ibn Hibban in his a slave is beaten, and then have intercourse with her at the end
Sahih.) of the day." (Reported by Ahmad; al-Bukhari has something
similar to it.)
Rebelliousness and Strife
It was reported to the Prophet (peace be on him) that some of
Because of his natural ability and his responsibility for
his Companions beat their wives, whereupon he said,
providing for his family, the man is the head of the house and
"Certainly those are not the best among you." (Reported by
of the family. He is entitled to the obedience and cooperation
Ahmad, Abu Daoud and al-Nisai. Ibn Hibban and al-Hakim
of his wife, and accordingly it is not permissible for her to
classify it as sound, as narrated by Iyas ibn 'Abdullah ibn Abu
rebel against his authority, causing disruption. Without a
Dhiab.) Says Imam al-Hafiz ibn Hajar, The saying of the
captain the ship of the household will flounder and sink. If the
Prophet (peace be on him), 'The best among you do not beat,'
husband senses that feelings of disobedience and rebelliousness
could imply that beating wives is in general permissible. To be
are rising against him in his wife, he should try his best to
specific, one may beat only to safeguard Islamic behavior and
rectify her attitude by kind words, gentle persuasion, and
if he (the husband) sees deviation only in what she must do or
reasoning with her.
obey in relation to him.
If this is not helpful, he should sleep apart from her, trying to
awaken her agreeable feminine nature so that serenity may be It is preferable to warn (her), or something of the sort, and as
restored and she may respond to him in a harmonious fashion. long as it is possible to achieve things through warning, any
If this approach fails, it is permissible for him to beat her use of force is disallowed because force generates hatred,
lightly with his hands, avoiding her face and other sensitive which is inimical to the harmony expected in marriage. Force
areas. In no case should he resort to using a stick or is applied only when sin against Allah Ta'ala (masiyah) is
feared. Al-Nisai has reported 'Aishah as saying, 'The Prophet

131
(peace be on him) never beat any of his wives or servants; in Shari'ah of Islam. In response to the bitter realities of life, when
fact, he did not strike anything with his hand except in the difficulties cannot be resolved except through the separation of
cause of Allah or when the prohibitions of Allah were violated, the two parties in an honorable fashion, Islam has made the
and he retaliated on behalf of Allah.'(Fath al-Bari, vol. 9, p. provision of divorce. Islam has permitted divorce reluctantly,
249.) If all of these approaches fail, and the rift between the neither liking nor commending it. Said the Prophet (peace be
husband and wife deepens, the matter then devolves on the on him), "Among lawful things' divorce is most hated by
Islamic society for solution. Allah."(Reported by Abu Daoud.)
That a thing is lawful yet detested by Allah means that it is
permissible under unavoidable circumstances, when living
Two individuals of good will and sound judgement, one from
together becomes a torture, mutual hatred is deep-seated, and it
the wife's and one from the husband's side, should meet with
becomes difficult for the two parties to observe the limits of
the couple in order to try to resolve their differences. Perhaps
Allah and to fulfill their marital responsibilities. In such a
the sincerity of their efforts may bear fruit and Allah may bring
situation separation is better, and Allah Ta'ala says, But if they
about reconciliation between the spouses. These various
separate, Allah will provide for each of them out of His
approaches are stated by Allah Ta'ala in the following
abundance.... (4:130)
ayah. ...And as for those women on whose part you fear
stubbornness, (first) admonish them; then refuse to share their
Divorce in the Pre-Islamic Period
beds; and (finally) beat them (lightly).
Islam is not alone among religions in permitting divorce. Prior
to its advent, apart from a very few societies, divorce was
Then if they return to obedience, do not seek for a waagainst
allowed everywhere in the world. It was a common occurrence
them; indeed, Allah isMost High, Great. And if you fear breach
that when a man became angry with his wife, he would turn her
between the two of them, appoint an arbiter from his family
out of the house, with or without a just cause, and the wife had
and an arbiter from her family. If they desire to set things
no legal recourse against him nor any claim on his property,
aright, Allah will bring about reconciliation between them;
nor even a right to support money or compensation.
indeed, Allah is Knowing, Aware. (4:34-35)
Unconditional and unrestrained divorce was allowed among
the ancient Greeks when their civilization was ascendant.
When Divorce Becomes Permissible
Under Roman law a judge was empowered to annul a marriage
If all these efforts fail and every course tried proves to be of no
even if the two parties had included a provision against divorce
avail, the husband may resort to the final solution permitted by
in their marriage contract, since the possibility of divorce was
the

132
regarded as a part of the marriage contract. During the earlier commits adultery.' " (Mark 10:11-12) The reason for this is
period of Roman civilization the religious marriage made no given in the Gospels in the words, "What therefore God has
provision for divorce, but at the same time the husband was joined together, let no man put asunder.'' (Matt. 19:6, Mark
given absolute power over his wife; for example, under certain 10:9.) This statement is correct in the sense that, since the
circumstances it was lawful for him to kill her. As time passed, husband and wife are married by God's permission and
the religious law was brought into conformity with the civil legislation, one may say that God has joined them together,
law, which permitted divorce. although it is the man who enters into the marriage contract.
In
Divorce in Judaism similar fashion, since God has permitted and legislated divorce
Judaism improved the status of the wife but it also broadened in relation to certain reasons and circumstances, one may say
the scope of divorce. The religious law requires that the that God has separated them, even though the man implements
husband divorce the wife if moral delinquency is proved the divorce. It thus becomes clear that no man puts asunder
against her, even though he may prefer to forgive her; likewise, what God has joined together, for joining together and putting
he is required to divorce her if she does not bear him children asunder is in the hands of Almighty God, and is it not God
throughout a period of ten years of married life. Himself Who puts them asunder due to the reason of sexual
immorality?
Divorce in Christianity
Christianity stands alone among the religions we have Differences Among Christian Denominations Regarding
mentioned, in distinction even to Judaism, in prohibiting both Divorce
divorce and marriage to divorced men and women. Jesus The New Testament Gospels do make an exception with regard
(peace be on him) is reported to have said, "It was also said, to the prohibition of divorce in the case of sexual immorality.
'Whoever divorces his wife must give her a certificate of Some Catholics, however, try to explain away even this
divorcement. But I tell you, whoever divorces his wife, except exception by saying, "The meaning here is not that adultery is
on the grounds of adultery, causes her to commit adultery; and an exception in the case of which divorce is permitted, because
whoever marries a woman who has been divorced commits in Christian law there is no divorce. The phrase, 'Except for
adultery. (AI-Islam Din 'Am Khalid by Farid Wajdi, p. 172.) " unchastity,' means that the marriage itself is annulled, since its
(Matt. 5:31-32) "And he said to them, 'Whoever divorces his legality and correctness have been violated; thus, while it is
wife and marries another, commits adultery against her; and if seemingly a marriage, in actuality it is adultery.
a woman divorces her husband and marries another, she

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 Consequently, in such a case it is permissible for the husband, or love between such a pair, they will be united only by their
or rather incumbent upon him, to leave the woman." (In a lusts and the desire to experience a variety of pleasures, a type
commentary on the Gospel According to Matthew, Institute of of relationship which is against the teachings of every religion:
Coptic Catholic Research.) The Protestant denominations This phenomenon of regulating personal affairs through civil
permit divorce on the grounds of adultery, betrayal of the law is against the teachings of every religion and is not to be
husband, and some other specified reasons, in addition to those found anywhere in the world except among the peoples of the
mentioned in the text of the Gospels. Christian West; even Hindus, Buddhists, and Zoroastrians
However, some of these denominations prohibit the remarriage observe religious injunctions in the ordering of their personal
of a divorced man or woman. The councils of the Orthodox affairs.
Church in Egypt permit its followers the right of divorce on the Although we may find among them those who have made
grounds of adultery, as provided by the Gospels, and for some innovations in the teachings of their religions in matters of
other reasons such as sterility extending over a period of three public concern, such innovations are not undertaken in
years, chronic illness, and prolonged dissension which appears personal affairs, that is to say, in marriage, divorce, and what
to be irresolvable. pertains to family life. (As quoted in Huquq al-insan fil-lslam
(Human Rights in Islam), by 'Abd al-Wahid Wafi, p. 88.) The
Consequences of the Christian Stand on Divorce Christian Stand on Divorce: A Temporary Injunction, Not a
As a result of this uncompromising stand of Christianity with Permanent Law A serious student of the Gospels cannot escape
regard to divorce, people in Western countries were obliged to the conclusion that what Jesus (peace be on him) taught was
resort to civil legislation in order to legalize it. Unfortunately, intended to correct excesses introduced into the divine law by
many of them, the Americans, for example, went to an extreme the Jews.
of permissiveness in the matter of divorce so that it is granted His teachings, including his statements concerning divorce,
for quite trivial reasons. Some Western philosophers warn that were never intended to be taken as permanent law for the
this ease in divorce will dilute the sanctity of the marital bond whole of mankind. In the Gospel according to Matthew we find
and erode the very foundations of family life. the following dialogue between Jesus and the Pharisees: And
A well-known judge declared that the time is not too far off the Pharisees came to him and put him to the test by asking, 'Is
when, in Western countries, marriage will be replaced by a it lato dismiss one's wife for any cause?' He replied, 'Have you
loose and tenuous relationship between men and women, never read that "He Who made them fthe beginning made them
similar to a commercial transaction, which can be broken for male and female, and said, 'For this reason a man shall leave
the most trivial reasons. Since there will be no bond of religion his father and mother and shall be

134
joined inseparably to his wife, and the two shall become one life together may become because of mutual hatred and
flesh? ' " (Gen. 1:27, 2:24) So they are no longer two but one incompatibility of temperaments. As a wise man has aptly said,
flesh. What therefore God has joined together, let not man put "The greatest torment in life is a companion who neither agrees
asunder.' They said to him, 'Why then did Moses command with you nor leaves you alone."
(us) to give a certificate of divorce, and thus to dismiss a wife?'
(Deut. 24:1-4). He said to them, 'Because of the hardness of The Islamic Limits for the Regulation of Divorce
your hearts Moses permitted you to dismiss your wives; but The Islamic Shari'ah has placed a number of obstacles in the
from the beginning it has not been so (ordained). way of divorce in order to confine it within the narrowest
I say to you: whoever dismisses his wife, except for possible compass. Divorce without lawful necessity and
unchastity, and marries another, commits adultery, and he who without first exhausting all the other means mentioned earlier
marries a divorced woman commits adultery.' The disciples of resolving the conflict is unlawful and is prohibited in Islam.
said to him, 'If the case of a man with his wife is like that, it is Some jurists maintain, it is injurious to both husband and wife,
neither profitable nor advisable to merry.' (Matt. 19:3-10) unnecessarily damaging the interests of the two, which, like the
wasting of property, is haram.
From this dialogue it is clear that by restricting the " Do not harm yourself or others,"(Al-Mughni by Ibn
permissibility of divorce to the case of unchastity alone, Jesus Qadamah, vol. 7, p. 77. This hadith is transmitted by Ibn Majah
intended to correct the excesses of the Jews in the and al-Darqutni.) the Prophet (peace be on him) has instructed
indiscriminate application of divorce, which was permitted us. People who divorce their spouses and marry others in order
under Mosaic Law. This was obviously a temporary remedy, to enjoy a variety of sexual partners are liked neither by Allah
abrogated by the permanent and universal law of Islam brought nor by His Messenger (peace be on him). The Prophet (peace
by Prophet Muhammad (peace be on him). be on him) called them "the tasters," saying, "I do not like the
To suppose that Jesus (peace be on him) intended to make this tasters, men and women," (Reported by al-Tabarani and al-
an eternal law for all mankind does not appeal to reason. We Darqutni ) and, "Allah does not like the tasters, men and
see that his disciples, the most sincere of his followers, were women." (AI-Tabarani in al-Kabir, on the authority of good
aghast at such a harsh decree, saying, "If the case of a man with transmitters.) Said 'Abdullah bin 'Abbas, "Divorce is (only) in
his wife is like that, it is neither profitable nor advisable to the case of necessity."
marry," that is, the moment a man marries a woman he puts a
yoke around his neck which it is impossible to remove, The Prohibition of Divorcing During Menstruation
regardless of how miserable their When divorce becomes necessary, it is not permissible for the

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Muslim to implement it any time he pleases; he must wait for a transmitted that 'Abdullah bin 'Umar divorced his wife during
suitable time. According to the Shari'ah, this suitable time is her menstrual period. When 'Umar mentioned the matter to the
when the woman is clean following her menstrual period or the Messenger of Allah (peace be on him) he became angry,
period of puerperal discharge following childbirth and before saying, He must take her back. If he still wishes to divorce her
her husband has resumed sexual relations with her, or when she he may do so when she is clean of the menstrual discharge
is pregnant and her husband is aware of her pregnancy. The before having intercourse with her, for that is the period of
reason for prohibiting divorce during menstruation or the waiting which Allah has prescribed for divorce, referring to the
period of puerperal discharge is that, since during such periods ayah, 'O Prophet, when you (men) divorce women, divorce
sexual intercourse is haram, the idea of divorce may come to a them during the prescribed periods.' (65:1) Another version of
man's mind because of sexual frustration and nervous tension. this hadith reads, Command him to take her back and then
divorce her when she is clean from the menstrual discharge or
He is therefore advised to wait until his wife is clean and to (otherwise) is pregnant.
divorce her then, if he is intent on divorce, before the A question now remains: If a person does divorce his wife
resumption of marital relations. Just as divorce during during these prohibited periods, does the divorce become
menstruation is haram, it is likewise haram between effective or not? The prevailing opinion is that it does become
menstruation periods (i.e., "the period of purity") if the effective, although the husband will be considered sinful.
husband has had intercourse with his wife following the However, some jurists hold that, as Allah did not legislate it, it
termination of her previous period. Because it is possible that does not become effective, and whatever is not legal cannot be
she may have become pregnant from this union, the husband correct nor enforced. Abu Daoud, on sound authority, has
may change his mind concerning divorce when he knows that transmitted that when 'Abdullah bin 'Umar was asked, "What
his wife is carrying a child, desiring to stay married to her for would you say if a man were to divorce his wife during
the sake of the embryo in her womb. menstruation?" he related his own story of divorcing his wife
However, when the wife is in the period of purity but he has during her period and the Prophet's commanding him to take
not had intercourse with her following the termination of her her back, disregarding his pronouncement of divorce.
menses, or when she is pregnant and he is aware of it, he will
be able to ascertain that his intention to divorce her is the result Taking an Oath of Divorce
of deep-seated antipathy, and accordingly is permitted to carry It is not permissible for the Muslim to take an oath of divorce,
through with the divorce. In the Sahih of al-Bukhari, it is vowing that if a particular event does not occur his wife will be

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divorced, or to threaten her by saying that if she does this or her pregnancy obvious, which may be a further inducement to
that particular thing she will be divorced. In Islam an oath may him to change his mind. In any case, ample time is at their
be expressed only in one specific manner, that is, in the name disposal to rthe whole situation. With the healing effect of
of Allah alone; apart from this, no other form of oath-taking is time, feelings of antipathy may give place to affection and
permitted. reconciliation, and the revitalization of their love may
The Prophet (peace be on him) said, " Anyone who swears by occur. ...And fear Allah, your Lord. Do not turn them out of
(anything) other than Allah has committed shirk,'' (Reported by their houses, nor shall they leave (of their own accord) unless
Abu Daoud, al-Tirmidhi, and al-Hakim.) and, "Whoever wants they commit some clear immorality; and these are the limits set
to take an oath should take it in the name of Allah or keep by Allah. And whoever transgresses Allah's limits indeed
silent." (Reported by Muslim.) wrongs his own soul.
Thou knowest not; it may be that Allah will afterwards bring
Where the Divorcee Resides During the Waiting Period some new thing to pass. (65:1) If then they must separate, it
The Islamic Shari'ah requires that the divorced woman remain should be done with dignity and kindness, without mutual
in her home, that is to say, her husband's house, for the abuse, injury, recrimination, or infringement of rights. Says
duration of her 'iddah (waiting period). It is no/permissible for Allah Ta'ala: ...Either retain them in kindness or part with them
her to move from the house, as it is likewise not permissible for in kindness....(65:2) ...Then (either) retain her in honor or
her husband to evict her without a just cause. This requirement release her with kindness....(2:229) For divorced women a
leaves the way open, during the 'iddah following a first or provision (shall be made) in kindness, a duty for those who are
second pronouncement of divorce (In the Islamic Shari'ah the conscious of Allah. (2:241)
pronouncement of divorce by the husband constitutes a
complete act of divorce in itself, to be followed by the required Repeated Divorce
'iddah or waiting period. The Muslim is allowed three chances, that is to say, three
In order to simplify the discussion, the word divorce is here pronouncements or acts of divorce on three different occasions
used to denote the divorce pronouncement, i.e., the act of provided that each divorce is pronounced during the time when
divorce itself (Trans., for the husband to revert to his wife the wife is in the period of purity and he has had no intercourse
without the requirement of remarriage. Her presence in the with her A husband may divorce his wife once and let the
same house with him makes it quite probable that the mutual 'iddah pass During the period of 'iddah the two have the option
sympathy and love between them may be rekindled, while if of being reconciled without the necessity of remarriage. If,
she is pregnant the passing of mwill make however, this waiting period expires without reconciliation,

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they are now fully divorced. Each of them is free to marry you? As a result, a man stood up and said, O Messenger of
someone else or to remarry each other; should they want to Allah, shall I not kill him? (Reported by al-Nisai.)
remarry each other, a new marriage contract is required. If after
Reconciling Honorably or Separating with Kindness
the first divorce the husband is reconciled with his wife but
later the hostility and conflict begin all over again, all efforts at When the husband has divorced his wife and the period of
reconciliation and arbitration resulting in failure, he may 'iddah i6 passing, he has two alternatives: either to reconcile
divorce her a second time in the same manner as described with her honorably -that is, to return to her with the intention of
above. living in peace and harmony, and not in order to torment or
In this case, too, he can return to her during the 'iddah without harm her -or to free her and part with her in kindness by
remarriage, or after the 'iddah has expired through a new allowing the iddah to expire without arguments and harsh
marriage contract. But it may happen that although he is words, and without setting aside any of their mutual rights. It is
reconciled with his wife again after the second divorce' he may not lawful for him to return to her just before the 'iddah is due
later divorce her for the third time. This will then be a clear to expire in order to torment her by prolonging the waiting
proof that the hostility between the two of them runs very deep period, thus depriving her of the opportunity to marry someone
and that they are incapable of living together. else.
If this third divorce takes place, it is not permissible for the
This was what was done in the period of jahiliyyah. Allah
husband to return to his wife during her 'id d ah, nor may he
Ta'ala then prohibited this injury to women in a very decisive
remarry her after the 'iddah unless she has been married to
manner, using a style of expression which makes the heart
another man, to live with him as a permanent and true wife,
quake: And when you have divorced women and they have
and he then subsequently divorces her. It is, however, totally
fulfilled the term (of their 'iddah), either retain them honorably
prohibited for the other man to marry and divorce her simply in
or release them honorably; but do not retain them in order to
order to make her halal for her first husband.
injure them, for this is transgression, and whoever does this has
Those Muslims who utter three divorce pronouncements at one wronged his own soul.
time or in one statement are rebels against Allah's law and are
And do not take the revelations of Allah in mockery, but
deviating from the straight path of Islam. Once the Prophet
remember Allah's favor upon you and what He has sent down
(peace be on him) was informed about a man who had
to you of the Book and the Wisdom, to instruct you by means
pronounced three divorces at one time. He got up in anger,
of it. And be conscious of Allah, and know that Allah is aware
saying, Is sport being made of the Book of Allah while I am
of everything. (2:231) A little reflection upon this noble ayah
(yet) among

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of seven phrases, containing warning after warning, reminder more or less than that according to their mutual agreement. It
after reminder, ought to be sufficient for anyone who has any is, however, preferable that he should not ask for more than he
feeling in his heart or any hearing when it is recited. has given her. Allah Ta'ala says: ...And if you (the judges) fear
that the two may not be able to keep to the limits ordained by
Allah, there is no blame on either of them if she redeems
The Divorced Woman's Freedom to Remarry
herself (from the marriage tie by returning all or part of the
After the expiration of the divorced woman's 'iddah, neither her
mahr)....(2:229) The wife of Thabit bin Qais came to the
ex-husband, guardian, nor anyone else can prevent her from
Prophet (peace be on him) and said, "O Messenger of Allah, I
marrying anyone she chooses. As long as she and the man who
do not approach Thabit bin Qais in respect of character and
proposes to her follow the procedure required by the Shari'ah,
religion, but I do not want to be guilty of showing anger to
no one has the right to interfere. What some men of today do in
him.''(Her meaning was that although Thabit was a good man,
attempting to prevent their ex-wives from remarrying,
she was unable to get along with him and thus might not be
intimidating them and their families, is in fact something
able to show him the respect due to a husband. (Trans.
pertaining to jahiliyyah; likewise, what some families or
The Prophet (peace be on him) asked her about what she had
guardians of divorced women do to prevent them from
received from him. She replied, "A garden." He asked, "Will
returning to their husbands when they want to be reconciled, as
you give him back his garden?" "Yes," she said. The Prophet
indeed "Peace is better," (4:128) is also of jahiliyyah.
(peace be on him) then told Thabit, "Accept the garden and
Allah Ta'ala says: And when you divorce women and they
make one declaration of divorce." (Reported by al-Bukhari and
complete their term ('iddah), do not prevent them from
al-Nisai.) It is not permissible for woman to seek divorce from
marrying their (former) husbands if they agree among
her husband unless she has borne ill-treatment from him or
themselves in an honorable manner. This is to instruct those
unless she has an acceptable reason which requires their
among you who believe in Allah and the Last Day. That is
separation. Said the Prophet (peace be on him), If any woman
more virtuous and pure for you; and Allah knows and you do
asks her husband for a divorce without some strong reason, the
not know. (2:232)
fragrance of the Garden will be forbidden to her. (Reported by
Abu Daoud.)
The Woman's Right to Demand Divorce
The woman who cannot bear to live with her husband has the The Prohibition of ill-treatment
right to free herself from the marriage bond by returning to her It is haram for the husband to torment and mistreat his wife in
husband the mahr (required marriage gift) and gifts he has order to compel her to seek a divorce so that she will return to
given her, or him all or part of the property he has given her. Only if the

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wife is guilty of clear immorality may her husband demand the him as a just punishment for his neglect of her rights. Some
return of part of the mahr. In this regard Allah Ta'ala says: jurists hold that the divorce is automatic at the expiration of
...Nor should you treat them with harshness inorder that you four months and that no judgement from a court is needed.
may take away part of what you have given them, (for you may Others, however, require that at the end of the period the matter
not take it back) unless they are guilty of open lewdness. (4:19) should be referred to the judicial authority, who will then give
them the option of reconciliation or divorce. Such an oath of
It is also haram for a husband to take back anything from his abstention from the wife is technically known in the Shari'ah as
because he hates her and wants to divorce her so he can marry eela.
another woman. As Almighty Allah says, But if you decide to Concerning it Allah Ta'ala says: For those who take an oath of
take one wife in the place of another, even if you have given abstention from their wives, a waiting period of four months (is
one of them a heap of gold, do not take (back) anything of it; ordained); if they return, indeed, Allah is Forgiving, Merciful.
would you take it back by slander and a manifest wrong? And But if their intention is firm for divorce, then, indeed, Allah is
could you take it back, when each of you has been privately Hearing, Knowing. (2:226-227) This period of four months has
with the other, and they (the wives) have taken a solemn been specified to give the husband ample time to calm himself
covenant from you? (4:20-21) and to restore the relationship of his own volition.
Moreover, four months is normally regarded as the maximum
The Prohibition of the Oath of Desertion period a woman can endure separation from her husband.
One of the aspects of Islam's concern for the rights of women Commentators on the Qur'an narrate the following incident in
is that it prohibits a man to be so angry with his wife as to support of this opinion: One night during his caliphate, while
discontinue sexual relations with her for a period which she 'Umar was making a round of Madinah, he heard a woman
cannot bear. If this abandonment of sexual relations is singing, The night is long, the darkness all around me; I am
accompanied by an oath on his part, he is given a limit of four sleepless, for I have no friend to play with. I swear by Allah
months in which to calm down and revert to her. that had there been no fear of Him, This cot would be shaking
If he comes to his senses and resumes sexual relations before from side to side.
the expiration of the four months, it is possible that Allah may Upon investigation, 'Umar found that the woman's husband had
forgive him for his excess and open the door of repentance to been gone on a military expedition for a long time. He then
him; however, he must still do the penance prescribed for a asked his daughter Hafsah, the widow of the Prophet (peace be
broken oath. If, on the other hand, this period expires and he on him), "How long can a woman endure separation from her
has not returned to her, his wife is divorced from husband?" She replied, "Four months." Subsequently, the

140
caliph of the Believers decided that he would not send a woman is reserved for one man; it is haram for her to be
married man away from his wife for a period exceeding four unfaithful to him or to let anyone else have access to what
months. belongs exclusively to him. Thus, every child born to her in
wedlock will be her husband's child, without any need for
6. The Relationship Between Parents and Children
recognition or public proclamation of the fact by him or a
The Protection of the Lineage The Prohibition of Denying
corresponding claim on the part of the mother. "The child is
Paternity The Prohibition of Legal Adoption A Practical
attributed to the one on whose bed it is born," (Reported by al-
Example of the Abolition of Legal Adoption Adopting a Child
Bukhari and Muslim. Literally: "The child belongs to the
to Rear and to Educate Artificial Insemination Attributing the
bed.") declared the Prophet of Islam (peace be on him).
Child to a Man Other Than the Child's Father "Do Not Kill
Your Children" Equal Treatment of Children Observing the
The Prohibition of Denying Paternity
Limits of Allah Regarding Inheritance Disobedience to
It is not permissible for the husband to deny his paternity of
Parents: A Major Sin Insulting Parents: A Major Sin The
any child born to his wife as long as they are married to each
Parent's Consent for Jihad Non-Muslim Parents
other. Such a denial would bring the ugliest shame imaginable
upon both the wife and the child. He is, therefore, not allowed
The Relationship Between Parents and Children
to take such a step on the basis of a mere suspicion, a sudden
The Protection of the Lineage
notion, or an evil rumor.
The child is an extension of his father and the bearer of his
If, however, on the basis of evidence which has come to his
characteristics. During his lifetime he is the joy of his father's
attention, he is convinced that his wife has betrayed him, the
eyes, while after his death he represents a continuation of his
Shari'ah of Islam has no desire to force him to raise a child
existence and an embodiment of his immortality. He inherits
whom he believes not to be his own or to let the child be his
his features and stature as well as his mental qualities and
heir, or -at the very least -to allow him to suffer from suspicion
traits, both the good and the bad, the beautiful as well as the
and doubt the rest of his life. A way out of this dilemma,
ugly, from his father. The child is a part of his father's heart
known in Islamic jurisprudence as li'an, is provided by the
and a piece of his body.
Shari'ah. If a man is convinced or strongly suspects, although
Allah Subhanahu wa Ta'ala has ordained marriage and has
without having proof, that his wife has had sexual relations
forbidden adultery so that paternity may be established without
with another man and is carrying his child, he can take the case
doubt or ambiguity and that the child may be referred to his
to a Muslim judge (qadi). The qadi will ask the man and his
father and the father to his sons and daughters. Through
wife to invoke the curse of Allah on one another in the
marriage a

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manner prescribed in Surah al-Nur: As for those who accuse him) had himself adopted Zaid bin Harithah, who had been
their wives but have no witnesses except themselves, the captured as a child during one of the raids on his tribe which
testimony of one of them shall consist of bearing witness by were common occurrences during the period of jahiliyyah.
Allah four times that he is of the truthful, and a fifth(time) that Hakim bin Hizam had bought him for his aunt Khadijah, and
the curse of Allah be upon him if he is one of those who lie. after her marriage to the Prophet (peace be on him) Khadijah
And it shall avert the punishment from her if she bear witness presented Zaid to him. When Zaid's father and uncle learned
by Allah four times that he is indeed of those who lie, and a his place of residence, they came to the Prophet (peace be on
fifth (time) that the wrath of Allah be upon her if he is among him) to demand Zaid's return.
the truthful. (24:6-9) After this the two shall be separated The Prophet (peace be on him) gave Zaid a choice, and he
permanently, and the child shall be identified by the name of chose to stay with the Prophet (peace be on him) in preference
his or her mother. to his father and uncle. The Prophet (peace be on him) then set
him free and adopted him as his son in the presence of others.
The Prohibition of Legal Adoption He was thereafter called Zaid ibn Muhammad and became the
Just as it is haram for a man to deny his paternity of a child first of the freed slaves to accept Islam. Now what is the
born to his wife in wedlock, it is likewise haram for him to judgement of Islam concerning such a system of adoption?
legally adopt a son of whom he is not the natural father. Like Islam rightly views this sort of adoption as a falsification of the
peoples of other societies during the course of history, the natural order and of reality.
Arabs of jahiliyyah used to add anyone they wished to their Taking a stranger into the family as one of its members; and
lineage and family through adoption. allowing him privacy with women who are not his muharrmat,
A man would adopt (tabanna, "to make one's son") any boy of nor he theirs, is a deception, for the man's wife is not the
his liking as son (mutabanna), announce the fact to the public, adopted son's mother, nor is his daughter the boy's sister nor is
and the boy would become like a son to him, sharing the his sister his aunt, since all of them are non-mahrem to him.
responsibilities and rights of his adopted family and taking its
name. The adoption was effective despite the fact that the Moreover, the adopted son acquires a claim on the inheritance
adopted son might have a known father and come from a of the man and his wife, depriving the rightful, deserving
known lineage. This practice was widespread in Arab society at relatives of their inheritance. Such a situation arouses the anger
the advent of Islam. Before receiving the call to prophethood, of the real relatives against the intruder who encroaches upon
the Prophet (peace be on them and usurps their rights, depriving them of their full
inheritance. (Since the Islamic Shari'ah specifies the share of

142
an individual's property to which each near blood relative is Qur'an does not recognize any claim except those based on
entitled, the legal adoption of a child who is not among such relationship through blood and marriage: ...But blood relatives
relatives, but who, by virtue of adoption, is one of the heirs are nearer to each other in the ordinance of Allah....(8:75) With
would naturally create bitterness and hostility among the regard to marriage, The Qur'an declared that only the wives of
rightful heirs. (Trans. Frequently such anger leads to quarrels one's real sons, "the wives of your sons who are from your
and to the breaking of relations among relatives. (own) loins" (4:23) not the wives of the adopted sons, are
That is why the Qur'an abolished this jahili system, prohibiting permanently forbidden in marriage. Accordingly, it is
it totally and eradicating all its consequences. Says Allah permissible for a man to marry the divorced wife of his
Ta'ala: ...Nor has He made your adopted sons your (real) sons; adopted son, since she has been, in actuality, the wife of a
that is simply a saying of your mouths. But Allah speaks the "stranger" not related by blood.
truth, and He guides you to the (right way). Call them by (the
names of) their fathers; that is more just in the sight of Allah. A Practical Example of the Abolition of Legal Adoption
But if you do not know their fathers, they are your brothers-in- The practice of adopting sons was very deeply rooted in the
faith and your wards....(33:4-5) Let us ponder the Qur'anic society of pre-Islamic Arabia, and it was not easy for people to
words, "He has not made your adopted sons your (real) sons; give it up. But Allah Ta'ala wanted to eradicate it and its
that is simply a saying of your mouths." This signifies that the effects, not only by words but also by . In order that all doubts
declaration of adoption consists of words having no concerning matter might be dispelled, that the Believers might
corresponding objective reality. feel at ease with respect to marrying the ex-wives of their
adopted sons, and, more importantly, that they might know
A mere pronouncement does not change realities, alter facts, or
with certainty that the halal is that which is permitted by Allah
make a stranger a relative, or an adopted individual a son. A
and that the haram is that which is forbidden by Him alone,
mere verbal expression or figure of speech cannot make the
Allah Ta'ala chose the Prophet (peace be on him) himself for
blood of a man run in the veins of the adopted son, produce
this important task.
feelings of fatherly affection in the man's heart or filial
Now Zaid bin Harithah, who was known as Zaid ibn
emotions in the heart of the boy, or transfer either the genetic
Muhammad, had married the Prophet's cousin, Zainab bint
characteristics or physical, mental, or psychological traits.
Zahsh. Zaid and Zainab were not happy together, and Zaid
Islam abolished all the effects of this system of adoption which
became increasingly dissatisfied with his wife, complaining
relate to inheritance and to prohibition of marriage to the
frequently to the Prophet (peace be on him). Although the
widowed or divorced wife of the adopted son. In matters of
Prophet (peace be on him) knew, through divine
inheritance, the

143
revelation, that Zaid would divorce Zainab and that he would but Allah; and Allah suffices in keeping account. Muhammad
afterwards marry her himself, human weakness occasionally is not the father of any man among you, but he is the
overcame him, and he was afraid of facing the people. Thus, Messenger of Allah and the Seal of the Prophets; and Allah is
whenever Zaid complained to him about his wife, the Prophet the Knower of all things. (33:38-40)
(peace be on him) would tell him, "Hold on to your wife and
fear Allah." At that point Allah Subhanahu wa Ta'ala revealed Adopting a Child to Rear and to Educate
some verses of the Qur'an admonishing the Prophet (peace be As explained above, the type of adoption which has been
on him) and at the same time fortifying his will to face society abolished by Islam is that kind which makes a boy a member of
in demolishing the remnants of this ancient system, in this case, the family, with all the rights of inheritance, the permissibility
the established practice which prohibited a man from marrying of mixing freely with other members of the household, the
the ex-wife of a stranger who had been adopted as a son. prohibition of marriage and so on. But the word "adoption" is
Saye Allah Ta'ala: And when thou didst say to him who had also used in another sense, one which is not prohibited by
received the favor of Allah and thy favor, 'Retain thy wife and Islam -that is, when a man brings home an orphan or a
fear Allah,' thou didst hide within thyself what Allah was about foundling to rear, to educate, and to treat as his own child; he
to make manifest, fearing the people; but Allah has more right protects, feeds, clothes, teaches, and loves the child as his own.
that thou shouldst fear Him.
Then, when Zaid had carried out the necessary formality (of However, he does not attribute the child to himself, nor does he
divorce) from her, We gave her to thee in marriage so that (in give him the rights which the Shari'ah reserves for natural
the future) there might be no difficulty for the Believers with children. This is a meritorious act in Allah's religion, and the
respect to (marriage to) the wives of their adopted sons when man who does it will be rewarded by being admitted to
the latter have carried out the necessary formality (of divorce) Paradise. Said the Prophet (peace be on him), "I, and the one
from them; and Allah's command must be fulfilled. (33:37) who raises an orphan, will be like these two in the Garden" and
The Qur'an goes on to support the Prophet (peace be on him) in he pointed to his middle and index fingers with a slight gap
this action, confirming its lawfulness and removing any stigma between the two.
attached to it: There is no fault in the Prophet in what Allah has A foundling (laqeet) is regarded as an orphan (yateem), and
made obligatory for him. That was Allah's practice with those one may also apply the term wayfarer (ibn al-sabeel),(The
of old who passed away, and the command of Allah is a decree "Wayfarer" is one of several categories of people mentioned as
determined -those who delivered the messages of Allah and deserving of charity in various Qur'anic verses, notably 2:176
feared Him, fearing none

144
and 9:60. A foundling or orphan can also be considered as (such) insemination incorporates in itself the result of adoption
belonging in this -the introduction of an alien element into the lineage -in
category and hence as doubly deserving of help and charity. conjunction with the offense of adultery, which is abhorrent
both to the divinely revealed laws and to upright human
(Trans. one of those who must also be cared for, to him as well.
nature.By this action the human being is degraded to the level
If a man has no children of his own, and he wishes to benefit
of an animal, who has no consciousness of the noble bonds (of
such a child from his wealth, he may give him whatever he
morality and lineage) which exist among the members of a
wants during his lifetime and may also bequeath to him up to
human society (AI-Fatwa (Islamic Legal Decisions), by Shaikh
one-third of his inheritance before his death.
Shaltut, p. 300)
Attributing the Child to a Man Other Than the Child's
Artificial Insemination
Father
Islam safeguards lineage by prohibiting zina and legal
Just as Islam prohibits a father to deny his paternity of his own
adoption, thus keeping the family line unambiguously defined
child without a justifiable reason, it likewise forbids the child
without any foreign element entering into it. It likewise
to claim a lineage other than his own, or to claim as father
prohibits what is known as artificial insemination if the donor
someone who is not his real father. The Prophet (peace be on
of the semen is other than the husband. In such a case, as the
him) listed this practice among the abominable evils deserving
well-known professor, Shaikh Shaltut, says, It is a despicable
the curse of both the Creator and His creatures. Once 'All,
crime and a major sin, to be classified in the same category as
speaking from the pulpit, read from some pages on which he
adultery.
had written various ahadith.
Both (adultery and artificial insemination by anyone other than
One of the Prophet's statements was the following: The one
the husband) are similar in nature and in effects; that is, in both
who claims descent from someone other than his (real) father,
cases the tillage which belongs exclusively to the husband is
and the slave who attaches himself to someone other than his
intentionally inseminated by a stranger. Had the form of this
(real) master, are cursed by Allah, His angels, and the people.
crime not been of a lesser degree, such insemination would
Allah will accept neither repentance nor ransom from such a
have been punishable by the same hadd punishment as is
person on the Day of Resurrection. (Reported by al-Bukhari
prescribed for adultery in the divinely revealed Shari'ah. There
and Muslim.) And Sa'd bin Abi Waqqas narrated that the
is, however, no doubt that insemination by a donor other than
Prophet (peace be on him) said, If someone claims a person as
the husband is a more serious crime and detestable offense than
his father with the knowledge that he
adoption, for the child born of

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is not his father, the Garden will be forbidden to him. children and would consider it an absolutely prohibited crime:
(Reported by al-Bukhari and Muslim.) "Do Not Kill Your ...That they will not steal nor commit zina nor kill their
Children" After safeguarding the lineage in this manner, Islam children....(60:12) It is the right of a child in relation to its
imposed certain mutual rights, which proceed naturally from parents that they should give it a good name, not one which
the parent-child relationship, upon children and parents, will cause it embarrassment when it grows older. It is haram to
making certain things haram for them in order to protect these give a name which denotes a slave or worshipper of someone
rights. The child has a right to life. other than Allah, as for example 'Abd al-Nabi, 'Abd al-Masih,
Neither the father nor the mother have the right to take the life and the like. A child has a right to sustenance, education, and
of the child, whether a boy or a girl, by killing it or burying it proper care.
alive, as was done by some Arabs of jahiliyyah. Says Allah The parents are not permitted to neglect the child's needs nor to
Ta'ala: And do not kill your children out of fear of poverty; We abuse it The Prophet (peace be on him) said: "Each one of you
shall provide for them and for you. Truly, the killing of them is is a caretaker (ra'iy) and is responsible for those under his
a great sin. (17:31) ...When the female child who was buried care." (Reported by al-Bukhari and Muslim.) "Wasting the
alive is asked for what crime she was killed. (81:8-9) sustenance of his dependents is sufficient sin for a man."
Whatever the motive for this crime may be, whether (Reported by Abu Daoud, al-Nisai, and al-Hakim) "Allah will
economical, such as fear of poverty and lack of provision, or ask every caretaker (ra'iy) about the people under his care, and
non-economic, such as fear of disgrace in the case of a the man will be asked concerning the people of his household."
daughter, Islam absolutely prohibits this savage act which is (Reported by Ahmad, al-Nisai, and Abu Daoud)
nothing but premeditated murder and the oppression of a
feeble, helpless humabeing. That is why, when the Prophet Equal Treatment of Children
(peace be on him) was asked, "What is the greatest sin?" he It is obligatory for a father to treat all his children equally
replied, 'To ascribe divinity to someone other than Allah, when especially in the matter of giving gifts. Accordingly, he is
He is the One Who created you.' 'What next?' he was asked. prohibited from bestowing more favors on some of his children
than on others without any necessity or valid reason, since this
'To kill your child out of fear that it will share your food, he will produce jealousy and may even arouse enmity and hatred
replied. (Reported by al-Bukhari and Muslim.) The Prophet among them. This applies equally to the mother. The Prophet
(peace be on him) took an oath of allegiance from both men (peace be on him) said, 'Do justice among your sons,' and
and women at the time of their accepting Islam. This oath of repeated it thrice. (Reported by
allegiance included the condition that they would not kill their

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Muslim, Ahmad, and Abu Daoud) The story behind this hadith It is haram for a father to deprive his children of inheritance, as
is that the wife of Bashir bin Sa'd al-Ansari requested her for example, to deprive the females or the children of a wife
husband to give a gift of a garden or a slave to her son, al- who is not a favorite with him. Likewise, it is haram for one
Nu'man bin Bashir. She asked Bashir to go to the Prophet relative to deprive another eligible relative of his inheritance by
(peace be on him) and request him to be a witness. Bashir went means of a trick. It is Allah Subhanahu wa Ta'ala Himself,
to him, saying, "The daughter of such and such -meaning his Who, out of His knowledge, wisdom and justice, has
wife -has asked me to give a slave to her son." "Does he have established the distribution of inheritance in order to give each
brothers?" the Prophet (peace be on him) asked. "Yes," he eligible person his or her share, and He has commanded
replied. mankind to remain within the limits of His legislation; hence,
"Did you give the same to each of them?" inquired the Prophet anyone who deviates from His system in the distribution of
(peace be on him). "No," said Bashir. The Prophet (peace be on shares offends his Lord.
him) then said, "This is not correct, and I can never bear Allah Ta'ala has mentioned matters ofinheritance in three
witness to other than what is just." (Reported by Ibn Hibban in verses of the Qur'an. At the end of the first verse He says,
his Sahih.) Some other ahadith in this regard are as follows: Do ...Your fathers or your sons: you do not know which of them is
not ask me to be a witness to injustice. Your children have the nearer to you in benefit. This is an obligation ordained by
right of receiving equal treatment, as you have the right that Allah; indeed, Allah is Knower, Wise. (4:11) After the second
they should honor you. (Reported by Abu Daoud) such verse He says, ...Which is not injurious (to the rightful
"Fear Allah and treat your children with equal justice." heirs): a charge from Allah, and Allah is Knowing, Forbearing.
(Reported by al-Bukhari and Muslim.) Imam Ahmad bin
Hanbal said that preferential treatment of a child is permitted if Those are the limits of Allah, and whoever obeys Allah and His
he or she is handicapped while others are not. (In Al-Mughni, Messenger, He will admit him to Gardens beneath which rivers
vol. 5, p. 605, it is stated that special treatment of a child is flow, to abide therein, and that is the supreme achievement.
permissible due to a need, a handicap, blindness, his or her But whoever disobeys Allah and His Messenger and
being from a large family, being engaged in studies, or transgresses His limits, He will admit him to Fire, to abide
something of the sort, as it is aIso permitted to withhold from a therein, and he shall have a humiliating punishment. (4:1214)
child who would spend what he is given on sinful or wicked And at the end of the third such verse He says, ...Allah makes
things.) clear to you (His laws) so that you do not err; and Allah has
knowledge of all things. (4:176) Accordingly, whoever
Observing the Limits of Allah Regarding Inheritance disobeys Allah's laws of inheritance has deviated from the just

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course made plain by Him, transgressing His limits, and must from the reclining position, he continued, 'and telling lies and
expect the punishment promised him: ...theFire, to abide false testimony; beware of it.' He also said, "Three persons
therein, and his shall be a humiliating punishment. (4:14) shall not enter the Garden: the one who is disobedient to his
parents, the pimp, and the woman who imitates men.''
Disobedience to Parents: A Major Sin (Reported by al-Nisai, al-Bazzar on the authority of excellent
It is the right of parents that their children should treat them transmitters, and al-Hakim) and, "Allah defers (the punishment
with kindness, obedience, and honor. Devotion to parents is a of) all sins to the Day of Resurrection excepting disobedience
natural instinct which must be strengthened by deliberate to parents, for which Allah punishes the sinner in this life
actions. The rights of the mother are stressed the more because before his death."(Reported by al-Hakim, on the authority of
of her suffering during pregnancy and childbirth, her suckling sound transmitters.) Moreover, Islam emphasizes treating
of the child, and her role in rearing it. In the words of Allah parents kindly, especially when they grow old. As their
Ta'ala: And We have enjoined on man kindness to his parents. strength fails, they require more attention and care, and more
His mother carries him in pain and she gives birth to him in consideration of their even more sensitive feelings. Concerning
pain, and (the period) of carrying him and weaning him is this the Qur'an says, Thy Lord hath decreed that you worship
thirty months....(46:15) none but Him and that you be kind to parents. If one or both of
Once a man came to the Prophet (peace be on him) and asked, them attain old age with thee, do not say a word of annoyance
'Who is most deserving of my good companionship?' 'Your (Literally, "Do not say Uff! (an expression of annoyance) to
mother,' replied the Prophet (peace be on him). 'Who next?' the them." (Trans. to them nor repulse them, but speak to them in
man asked. 'Your mother,' replied the Prophet (peace be on gracious words and in mercy lower to them the wing of
him). 'Who next?' he asked. 'Your mother,' replied the Prophet humility and say, My Lord, bestow Thy mercy othem, as they
(peace be on him). 'Who next?' asked the man. 'Your father,' cherished me when I was little....(17:23-24) In explaining this
replied the Prophet. (Reported by al-Bukhari and Muslim.) The verse, a commentator says, "If a lesser thing than saying
Prophet (peace be on him) declared disobedience to parents to 'Uff!'tparents were known to Allah, He would have prohibited
be a major sin, second only to ascribing partners to Allah, as (even that)."
has been stated in the Qur'an. Insulting Parents: A Major Sin
Al-Bukhari and Muslim report his saying, 'Shall I not inform In addition tothe foregoing, the Prophet (peace be on him) not
you about the three major sins?' Those who were present only prohibited insulting or cursing one's parents but declared
replied, 'Yes, O Messenger of Allah.' He said 'Associating it to be a major sin. He said, 'Among the major sins is a man's
partners with Allah and disobedience to parents,' and sitting up cursing his parents.'

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The people who were present wondered how a sane and Allah?' 'Yes,' the man said. The Prophet (peace be on him) then
believing individual could curse his own parents, and enquired, said, 'Go back to your parents and be a good companion to
'How is it possible for a man to curse his own parents?' The them.'(Reported by Muslim.) 'Abdullah further narrated, A man
Prophet (peace be on him) replied, 'He insults another man's came to the Prophet (peace be on him) and said, 'I have come
father, and then the other insults his father, and he insults the to swear allegiance to you for hijrah, and I have left my parents
other's mother, and the other returns the insult to his mother.' weeping.' The Prophet (peace be on him) said to him, 'Return
(Reported by al-Bukhari and Muslim.) to them and make them laugh as you made them weep.'
(Reported by al-Bukhari and others.)
The Parent's Consent for Jihad
Abu Sa'id reported that A man from Yemen migrated to
Pleasing one's parents is considered so important in Islam that
Madinah to be with the Prophet (peace be on him). The Prophet
the son is forbidden to volunteer for jihad without his parent's
(peace be on him) asked him, 'Do you have any relatives in
permission, in spite of the fact that fighting in the cause of
Yemen?' He answered, 'My parents.' 'Did you get their
Allah (jihad fi sabeel Allah) has such great merit in Islam that
permission?' the Prophet (peace be on him) asked. On his
the merit of a person who spends his nights in prayer and his
replying that he did not, the Prophet (peace be on him) told
days in fasting falls short of it. Narrated 'Abdullah bin 'Amr bin
him, 'Go back to them and ask their permission. If they agree to
al-'As, A man came to the Prophet (peace be on him) and asked
it, go on jihad. Otherwise stay and serve them.' (Reported by
his permission to go for jihad.
Abu Daoud.)
The Prophet (peace be on him) asked, 'Are your parents living?'
'Yes,' he replied. The Prophet (peace be on him) then said, Non-Muslim Parents
'Then strive in their service,' (Reported by al-Bukhari and
It is one of the beauties of Islam that, with respect to the
Muslim.) meaning that taking care of parents is a greater
treatment of parents, it forbids the Muslim to be disrespectful
obligation than '`had in the cause of Allah. 'Abdullah also
to them even if they should be non-Muslims who are fanatical
narrated, A man came to the Prophet (peace be on him) and
to the point of arguing with him and putting pressure on him to
said, 'I take the oath of allegiance to you for hijrah (emigration
renounce Islam. Says Allah Ta'ala: ...Be grateful to Me and to
to Medinah) and jihad, seeking reward from Allah.' The
thy parents; to Me is (the final) goal. But if they strive to
Prophet (peace be on him) enquired whether either of his
compel thee to associate with Me that of which thou hast no
parents were living. On his replying that both of them were, the
knowledge, do not obey them; but keep company with them in
Prophet (peace be on him) said, 'Are you (really) seeking
this life in a kind manner and follow the way of those who turn
reward from
to Me. Then to Me will be your return and I will inform you (of

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the meaning of) all that you did. (31:14-15) In these two verses Mourning for the Dead
the Muslim is commanded not to obey his parents in what they
try to tell him to do in this regard, since there cannot be Beliefs and Customs
obedience to a creature in sin against the Creator -and what sin Faith (iman) is the foundation of the Islamic society, and
could be greater than associating partners with Allah? At the tauheed (the belief in the existence and unity of God) is the
same time, he is commanded to treat them honorably in this essence of this faith and the very core of Islam. The
world, unaffected by their stand against his faith, and to follow safeguarding of this iman and of this pure tauheed is the
the path of those righteous Believers who turn to Allah and to primary objective of all the Islamic teachings and legislation.
leave the judgement between himself and his parents to the In order to keep the Muslim society purified of all traces of
Most Just of Judges, on a Day when the parents will not be able shirk and remnants of error, a continuous war must be waged
to benefit the child nor the child the parent. Indeed, such against all belief-systems which originate in man s ignorance
tolerant and beneficent teachings are not to be found in any of the divine guidance and in the errors of idol worship.
other religion.
Respect for Allah's Laws in the Universe
One of the fundamental beliefs which Islam inculcates in the
Chapter 4: The Halal And The Haram In The soul of Muslims is that this vast universe does not run itself
Daily Life of The Muslim without any control and guidance, nor does it follow the
misguided, blind, conflicting, and contradictory desires of men
1. Beliefs and Customs
or of any other creatures residing in it. The Qur'an says: If
Reality had been in accord with their desires, the heavens and
Respect for Allah's Laws in the Universe
the earth, and whosoever is therein, would have been in
The War Against Superstitions and Myths
corruption.... (23:71)
Believing in Those Who Foretell the Future Constitutes Kufr
Quite to the contrary, the universe is bound by permanent laws,
Divination With Arrows
as the Qur'an states elsewhere: Thou wilt not find any changes
Magic
in the sunnah (practice or rule) of Allah, nor wilt thou find in
Charms and Amulets
the sunnah of Allah any turning aside. (35:43) Muslims have
Omens
learned from the Book of their Lord and the practice of their
The War Against Jahili Customs
Prophet (peace be on him) to respect these laws of the universe,
No Chauvinism in Islam
to understand and to use the causes and relationships which
Lineage is Without Significance
150
Allah has established among things, and to reject the alleged Prophet (peace be on him) to tell them what it was. The
esoteric causes propagated by priests, charlatans, and Prophet (peace be on him) told them in plain words, "I am not
imposters. a diviner. The diviner, (what pertains to) the divination, and the
The War Against Superstitions and Myths soothsayers will all be in the Fire."
A class of deceivers known as soothsayers or diviners existed Believing in Those Who Foretell the Future Constitutes
in Arab society during the Prophet's time; they pretended to Kufr
know the events of the past and future through their contact
Islam's campaign was not confined to the soothsayers and
with the jinn or through other secret sources. The Prophet
diviners but included all those who go to them, ask their help,
(peace be on him) then declared war on this deception, which
and believe in their superstitions and errors. The Prophet
had no basis in knowledge, divine guidance, or a revealed
(peace be on him) said, The salat of one who goes to a
scripture. He recited to them what Allah had revealed to him:
soothsayer, asks him something and believes in what he says
Say: No one in the heavens and the earth knows the Unseen
will not be accepted for forty days. (Reported by Muslim.) He
except Allah.... (27:65) Accordingly, the Unseen is known
also said, "Whoever goes to a soothsayer and believes in what
neither to the angels, the jinn nor human beings.
he says has denied what was revealed to Muhammad,"
Acting on the command of his Lord, the Prophet (peace be on (Reported by al-Bazzar, from good and strong transmitters.) for
him) proclaimed, ...If I had knowledge of the Unseen, I should what was revealed to Muhammad (peace be on him) asserts
have had abundance of good and no evil should have touched that the knowledge of the Unseen belongs to Allah alone and
me. Truly, I am but a warner and a bringer of good tidings to that Muhammad (peace be on him) has no knowledge of it,
those who have faith. (7:188) Concerning the jinn who labored much less anyone else:
for Solomon, Allah Ta'ala says: ..It became clear to the jinn
Say: I do not tell you that the treasures of Allah are with me or
that if they had known the Unseen, they would not have
that I know the Unseen, nor do I tell you that I am an angel; I
continued in the humiliating punishment (of their task). (34:14)
follow only what is revealed to me....(6:50) If, after being
Accordingly, anyone who claims to know what pertains to the aware of this clear and explicit statement of the Qur'an, the
Unseen utters a falsehood against Allah and the truth, Muslim believes that some people can foretell future events
deceiving the people. Once a delegation came to the Prophet and know the secrets of the Unseen, he has indeed denied what
(peace be on him) and, supposing him to be one of those who was revealed to the Messenger of Allah (peace be on him).
claimed to have knowledge of the Unseen, they concealed
something in their hands, asking the

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Divination With Arrows said, He who consults with soothsayers or divining arrows, or
For the reason mentioned above, divination with arrows was returns from a journey because of an ill omen, shall not attain
prohibited by Islam. The Arabs of jahiliyyah used three arrows the high rank (in Paradise). (Reported by al-Nisai.) Magic In
for divination; on one arrow was written, "My Lord like manner, Islam condemns magic and those who practice it.
commanded me," on another, "My Lord forbade me," and the Concerning those who learn magic the Qur'an says: ...They
third was left blank. If they planned to go on a journey, to learned (only) what harmed them and what did not benefit
marry, to carry out a raid, etc., they would go to the temple them....(2:103) The Prophet (peace be on him) counted the
where these arrows were kept. One arrow would be selected practice of magic among those major deadly sins which destroy
randomly. nations before destroying individuals and which degrade those
If they selected the "commanding" arrow they would proceed who practice them in this world prior to the Hereafter. Said he,
with their plan; if they selected the "forbidding" arrow they 'Avoid the seven destroyers.' The listeners asked, 'O Messenger
would not proceed with it; while if the blank arrow was drawn of Allah, what are they?'
they would replace it and repeat the process until they received He said, 'Associating (partners) with Allah (shirk), magic,
a clear indication. The practices in our society of making taking a life which Allah has made sacred except in the course
decisions on the basis of what is observed in sand, seashells, of justice, devouring usury, appropriating the property of the
tea leaves, cards, palms, of opening a book at random, and the orphan, fleeing from the battlefield, and slandering virtuous
like are similar to this practice. (This also indicates the practice believing women who are indiscreet.' (Reported by al-Bukhari
of astrology, belief in horoscopes, and related matters. and Muslim.) Some jurists consider magic as unbelief (kufr) or
as leading toward unbelief, and some have even advocated that
The Prophet (peace be on him) said, "If anyone acquires any those who practice it should be put to death in order to purify
knowledge of astrology, he acquires a branch of magic." the society of their evil.
(Ahmad, Abu Daoud, and Ibn Majah) He also said, "The The Qur'an has taught us to seek refuge in Allah from the evil
astrologer is a diviner, the diviner is a magician, and the of the practitioners of magic: (Magic should be understood to
magician is an unbeliever." (Razi Islam has prohibited all such denote witchcraft, sorcery, and all related practices.) ...From
practices and considers them sinful. After mentioning the the evil of those who blow on knots.... (113:4) since blowing
prohibited foods, Allah Subhanahu wa Ta'ala says: ...And (also on knots is one of the methods which such employ. The
forbidden) is predicting the future by means of divining arrows, Prophet (peace be on him) said, "Whoever blows on knots
for that is impiety....(5:4 (3 And the Prophet (peace be on him) practices magic, and whoever practices

152
magic is a mushrik (polytheist)." (Reported by al-Tabarani In the same category is the hanging of charms, seashells and
through two chains of transmitters, one of which is reliable.) the like in the belief that they will bring about the cure of a
Just as it is haram for the Muslim to consult with diviners or disease or act as a protection from it. There are still some
fortune-tellers concerning the secrets of the Unseen, it is people in the twentieth century who hang a horseshoe on the
likewise haram for him to seek the help of magic, or those who door. Moreover, we still find today charlatans in various
practice it, to cure an illor to remove a difficulty. The countries who exploit the ignorance of simple people by
Messenger of Allah (peace be on him) disowned such persons, writing amulets and charms for them, drawing lines and
saying He is not of us who seeks an omen or for whom an talismans and reciting strange incantations, with the claim that
omen is sought, who divines or for whom divination is made, these practices will protect the bearer from the aggression of
who practices magic or asks someone to practice magic for evil spirits, the influence of demons, the evil eye, envy, and so
him. (Reported by al-Bazzar on good authority.) on.
Says 'Abdullah bin Mas'ood, Anyone who goes to a diviner, a As far as the prevention and treatment of disease are
practitioner of magic or a soothsayer, asking something and concerned, Islam has prescribed measures which are well
believing in what he says, denies what was revealed to known, condemning those who turn away from them to the
Muhammad. (Reported by al-Bazzar and Abu Y`ala on good deceitful methods of swindlers. The Prophet (peace be on him)
authority.) And the Prophet (peace be on him) said, "The said, "Seek the remedy, for He Who created illness also created
alcoholic, the believer in magic, and the one who breaks the its cure." (Reported by Ahmad.) He also said, "There is a
ties of kinship will not enter the Garden." (Reported by Ibn remedy in three things: a drink of honey, bleeding by a cupper,
Hibban in his Sahih.) and cauterization by fire." (Reported by al-Bukhari and
The sin of such things is not limited to the practitioner of magic Muslim.) In our time these three types of cures include, by
alone but includes those who believe in his magic, encourage analogy and extension, all medicines which are taken by
him, and trust in what he says. The sin becomes greater and mouth, surgical intervention, and therapies utilizing heat or
more flagrant if the magic is used for purposes which are electricity.
haram in themselves, such as sowing discord between a As for wearing beads, seashells, charms and amulets, or
husband and wife, inflicting bodily injury, and other evil uses, reciting certain incantations to treat or prevent illness, such
which are popular among those who practice magic. practices are sheer ignorance and error, are contrary to the laws
of Allah Ta'ala, and constitute a denial of tauheed. 'Uqba bin
Charms and Amulets 'Amir narrated that he came to the Prophet (peace be on him) in
a group of ten persons. The Prophet (peace be on him) accepted

153
the oath of allegiance (bay'ah) from nine of them, withholding Tirmidhi.) 'Abdullah bin Mas'ood once saw his wife wearing a
himself from the tenth. "What about him?" they asked There is knotted thread around her neck. He pulled at it and broke it,
an amulet on his arm," the Prophet (peace be on him) replied. saying, "The family of 'Abdullah is free of associating anything
The man tore off the amulet and the Prophet (peace be on him) with Allah for which He has sent no authority." Then he said,
then accepted his oath, saying, "The one who wears it is a "I heard the Messenger of Allah (peace be on him) say,
polytheist." (Reported by Ahmad and al-Hakim; the words are 'Incantations, amulets and spells are shirk.' Someone once said
from al-Hakim. Ahmad's transmitters are reliable) to him, "Abu 'Abdur-Rahman (as he was commonly called), we
The Prophet (peace be on him) also said, May Allah not fulfill are familiar with incantations and amulets, but what are
the hopes of the one who wears a charm; may Allah not protect spells?" He said, "Something which women employ to make
the one who hangs seashells. (Reported by Ahmad, by Abu their husbands love them.'' (Reported by Ibn Hibban in his
Y'ala with good transmitters, and by al-Hakim, who classified Sahih.
it as sound.) 'Umran bin Hasin narrated that the Prophet (peace Al-Hakim has a shorter version, and he says it has sound
be on him) saw a man wearing a brass bracelet on his arm and transmitters.) Accordingly, a spell denotes a kind of magical
he said to him "Woe to you, what is this?" He replied, "To practice. Scholars say that if incantations are in a foreign
protect me from weakness." language so that one does not know what is being said, they are
The Prophet (peace be on him) said, Indeed, this only increases prohibited out of fear of their being mixed with unbelief and
your weakness. Throw it away, for if you die wearing it, you magic. However, if what is being said can be understood and
will never attain success. (Reported by Ahmad, by Ibn Hibban there is mention of Allah in it, it is commendable because it is
in his Sahih, and by Ibn Majah without "Throw it away" to the then a supplication to Allah and is not meant to be a cure or a
end.) These teachings of the Prophet (peace be on him) medicine. The incantations of jahiliyyah were intermixed with
penetrated the minds of his companions, and they rejected such magical formulae, polytheistic phrases, and nonsensical
erroneous and false practices, neither accepting nor believing utterances.
in them. 'Isa bin Hamzah narrated, "I visited 'Abdullah bin
It is reported that 'Abdullah bin Mas'ood forbade his wife to
Hakim who had a fever.
utter such jahili incantations. She told him, "I went out one day
I said, 'Why do you not wear a charm?' He replied, 'I seek
and saw such and such person. One of my eyes then began to
refuge in Allah from that.' " In another version he said, "Death
water (meaning that it was the effect of his evil eye and envy).
is preferable to that." The Messenger of Allah (peace be on
But when I recited an incantation it stopped watering, and
him) said, " Whoever wears a charm will be left to rely on it."
when I left off reciting it, the eye started watering again." Ibn
(Reported by al-
Mas'ood said, "That is Satan. When you obey him he leaves

154
you alone, but when you disobey him he stabs your eye with classified the auguring of evil omens with divination and magic
his finger. But if you do as the Prophet (peace be on him) did, in his saying, He is not of us who seeks for evil omens or for
it will be better for you and will most probably cure your eye. whom evil omens are sought, who divines or for whom
Bathe your eye with water and say, Remove the hurt, O Lord of divination is made, who practices magic or for whom magic is
mankind. Heal me; Thou art the Healer. There is no cure practiced. (Reported by al-Tabarani on the authority of Ibn
except Thy cure which leaves behind no disease. (This is Ibn 'Abbas through good transmi.) The Prophet (peace be on
Majah's wording. Abu Daoud has a shorter version of this him)also said, "Augury from drawing lines in the sand, from
hadith, and al-Hakim a shorter one than either of the the flight of birds, and from stones pertains to shirk." (Reported
preceding.) by Abu Daoud, al-Nisai, and Ibn Hibban in his Sahih.) The
auguring of omens has no basis in science or in reality but is a
Omens
weakness of the mind and a superstition.
Drawing evil omens from certain articles, places, times,
How can a sane human being believe that a certain person or
individuals, and the like was, and still is, a current superstition.
place, the cry of a bird, the flick of an eyelid, or the hearing of
In antiquity, the people of the Prophet Salih (peace be on him)
a certain word can bode something evil? Even if there is some
said to him, We augur an evil omen of thee and those with
weakness in human nature which is conducive to the seeking of
thee....(27:47) And whenever a calamity struck them, Pharaoh
omens from certain things, one should not surrender to this
and his people ...ascribed it to evil omens connected with
weakness, especially when a decision is to be made or an
Moses and those with him. (7:31) Many times, when Allah
action is to be taken. It is stated in a hadith that No one is free
Ta'ala tried the unbelievers by sending a calamity, they would
of three things: suspicion, auguring evil omens, and envy.
say to the messengers of Allah (peace be on them all),
Thus, if you have a suspicion, do not pursue it; if you augur an
...Indeed, we augur an evil omen from you. (36:18)
evil omen, do not turn back; and if you are envious, do not
The reply of the messengers was, Your auguring of evil omens
transgress. (Reported by al-Tabarani.)
is with yourselves (36:19) meaning, "The cause of your evil
In this way these three things will remain mere thoughts which
omens is in your own attitude, stemming from your unbelief,
cross the mind without affecting the actual behavior, and Allah
stubbornness, and arrogance in regard to Allah and His
Ta'ala will forgive them. Ibn Mas'ood reported the Prophet
messengers." The Arabs of jahiliyyah had a long history of
(peace be on him) as saying three times, "Auguring evil omens
such practices associated with a variety of beliefs which
is shirk (polytheism)." And Ibn Mas'ood added, "None of us
persisted until the coming of Islam, which abolished all such
fails to be affected by this, but Allah removes such influences
notions and brought the people back to the way of sound
through our trust in Him" (Reported by Abu Daoud and al-
reason. The Prophet (peace be on him)

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Tirmidhi.), meaning that although there is no one among us people without regard for whether they are right or wrong, just
who is not affected by this weakness at one time or another, or unjust. Wathilah bin al-Asq'a narrated, "I asked, 'O
this weakness is removed from the heart of the person who Messenger of Allah, what is chauvinism?' and he replied, That
turns to Allah, trusting in Him and not letting such ideas obsess you should help your people in wrongdoing." (Reported by
him. Abu Daoud.) And Allah Ta'ala says: O you who believe, be
steadfast in justice, as witnesses for Allah, even though it be
against yourselves or parents or kindred. (4:135) ...And do not
The War Against Jahili Customs
let hatred of (other) people cause you to deviate from justice.
On the one hand Islam launched an attack on jahili beliefs and
(5:9 (8 "Help your brother, whether he is the oppressor or the
superstitions which were a threat to reason, morals, and
oppressed," was a well-known proverb in pre-Islamic
manners, and on the other, on jahili customs, which were the
jahiliyyah which people used to take literally.
product of chauvinism: boastfulness, pride, and the
The Prophet (peace be on him) changed its meaning in a subtle
glorification of the tribe.
fashion. After the faith was firmly established in the hearts of
his Companions, he once repeated this proverb to them. They
No Chauvinism in Islam
were shocked, saying, "O Messenger of Allah, we know how to
Islam's first step in this direction was to reduce every kind of
help the oppressed, but how can we help the oppressor?" He
group chauvinism to dust, forbidding the Muslim to revive any
replied, "Stop him from wrongdoing; that is helping him."
of the disputes of such chauvinism or to summon others toward
(Reported by al-Bukhari.) We know from these statements that
it. The Prophet (peace be on him) declared himself free of
a call toward nationalism or racism is a call of jahiliyyah, and
responsibility for anyone who practices it, saying, He who calls
Islam, its Prophet (peace be on him), and its Book have totally
others to group chauvinism does not belong to us; he who
rejected it.
fights for the sake of group chauvinism does not belong to us;
Islam does not recognize any loyalty other than to its belief,
and he who dies upholding group chauvinism does not belong
any relationship other than that of its brotherhood, or any
to us. (Reported by Abu Daoud.)
differentiation among human beings other than on the basis of
There is no special distinction for a certain color of skin, a
belief and unbelief .Even though he may be a fellow
particular race of mankind, or a special region of the earth. The
countryman, a relative, or one's own blood brother, the
Muslim is forbidden to be a partisan of one race against
unbeliever who shows hostility to Islam is an enemy to the
another, one people against another, or one country against
Muslim. Says Allah Ta'ala: Thou wilt not find any people who
another. It is not permissible for a believer in Allah and the
believe in Allah and the Last Day loving those who resist Allah
Last Day to support his

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and His Messenger, even if they are their fathers or their sons are all children of Adam. No one has superiority over another
or their brothers or their kindred....(58:22) O you who believe, except in religion and taqwa (the fear of Allah). (Reported by
do not take your fathers or your brothers as friends if they love al-Bazzar) Mankind is descended from Adam and Eve....On the
unbelief more than faith....(9:23) Day of Resurrection Allah will not ask you about your kinships
and genealogies. The most honorable among you in the sight of
Lineage is Without Significance Allah is the one who is the most God-fearing (mutaqqi).
Al-Bukhari reported that Abu Dharr and Bilal, the Abyssinian, (Reported by Ahmad.) The Prophet (peace be on him) launched
both of whom were among the earliest Muslims, once a fierce attack on those who boast about their fathers and
quarreled and insulted each other. Carried away by his anger, grandfathers, saying, Let people cease to boast about their
Abu Dharr said to Bilal, "You son of a black woman!" Bilal ancestors who have died, who are merely fuel in hell, or they
complained about this to the Prophet (peace be on him), who will certainly be of less account than the beetle which rolls
turned to Abu Dharr, saying, "Are you taunting him about his dung with its nose.
mother? There is still some influence of jahiliyyah in you!'' Allah has removed from you the pride of jahiliyyah and its
(Reported by al-Bukhari.) Abu Dharr narrated that the Prophet boasting about ancestors. One is either a God-fearing Believer
(peace be on him) said to him, "Look! You are no better than a or a wicked sinner. All people are children of Adam, and Adam
white or black man unless you excel in the fear of Allah." was created from dust. (Reported by Abu Daoud and al-
(Reported by al-Bukhari.) Tirmidhi; the wording is from the latter, who classified it as
The Prophet (peace be on him) also said, "You are all children good. It is also reported by al-Bayhaqi through good
of Adam, and Adam was created of dust." (Reported by transmitters.) People who boast about their remote ancestors
Ahmad.) Thus Islam made it haram for the Muslim to boast among the pharaohs or the choesroes (the rulers of ancient
about his genealogy and kinship, mentioning his forefathers Persia) and the like should take note of this hadith.
and saying, "I am the son of such and such," or "I am white and As the Messenger of Allah (peace be on him) has stated, these
you are black, I am an Arab and you are a non-Arab." What is ancestors of theirs, whether Arab or non-Arab, or pre-Islamic
the value of kinships and genealogies when all people come jahiliyyah, are nothing but the fuel of hell. During the
from one single origin? And even supposing that genealogy FarewellPilgrimage, while thousands of Muslims gathered in
had value, how does it add to the credit or debit of a person to the sacred place, during the sacred month, the Prophet (peace
have been born to this or that father? Said the Prophet (peace be on him) delivered his last public address, emphasizing the
be on him), These genealogies of yours are not a reason to basic principles: O people, your Lord is One. Know that there
revile anyone. You is no superiority of an Arab over a non-Arab or of non-Arab

157
over an Arab, nor of a white over a black or of a black over a any new proposals of marriage during this period. Thus, she is
white, except through consciousness of Allah (taqwa). Verily, required to refrain from adorning herself during that time both
the most honorable among you in the sight of Allah is the one as a sign of mourning and in order to keep the thought of
who has most taqwa. (Reported by Ahmad.) remarriage out of her own mind and that of her potential
suitors. However, if the deceased is someone other than her
Mourning for the Dead husband, for example, her father, brother or son, it is haram for
Among the customs of jahiliyyah which were denounced by her to mourn for more the three days. Al-Bukhari reported
Islam was the prof wailing, lamenting, and showing excessive concerning Umm Habeebah and Zaynab bint Jahsh, both of
grief for the dead. Islam's teaching concerning death is that it is whom were wives of the Prophet (peace be on him), that at the
not the annihilation of an individual, causing him to become time of the deaths of Umm Habeebah's father Abu Sufyan bin
non-exis, but that it is a journey from one world to another and Harb, and Zaynab's brother, each of them perfumed herself,
that no amount of mourning will bring the dead back to life or saying
change the decree of Allah Subhanahu wa Ta'ala. The Believer
By Allah, I am not in need of perfume, but I heard Allah s
should receive death, as he receives any other calamity which
Messenger (peace be on him) say, It is haram for a woman who
may befall him, with patience and dignity, repeating the ayah,
believes in Allah and the Last Day to mourn for a deceased
To Allah we belong and to Him do we return. (2:156)
person for more than three nights, except for the husband (for
The pre Islamic manner of mourning for the dead is strictly
whom the period of mourning is) four months and ten days.
forbidden to the Muslim. The Prophet (peace be on
(Reported in the Book of "Funerals" in al-Bukhari's Sahih.)
him)declared, " He who slaps his cheeks, tears his clothes, and
The period of mourning for the deceased husband is obligatory
cries out in the manner of jahiliyyah is not of us." (Reported by
and should not be violated. A woman came to the Prophet
al-Bukhari.) The Muslim is not permitted to wear a mourning
(peace be on him) and said, "My daughter's husband has died,
band, discard his adornment, or change his usual attire to
and her eye is infected.
express his sorrow and grief. (The wearing of black as a sign of
mourning is prohibited in Islam, even in the case of a widow in May she use kohl?" (In addition to being an adornment, kohl
mourning for her husband. (Trans. However, a wife must also possesses medicinal value for the eye.) The Prophet (peace
observe a mourning period ('iddah) of four months and ten be on him) said, No, and repeated it twice or thrice. (Reported
days for her deceased husband in loyalty to the sacred ties of in the Book of Divorce in al-Bukhari's Sahih. The narration
marriage; in Islam this period is considered an extension of her here is that of Umm Habeebah, and Zainab's narrative is
previous marriage and she is not allowed to receive similar.) This demonstrates that adorning or beautifying herself

158
during the prescribed period of iddah is prohibited to the Payment in Advance Partnership Between Capital and Labor
widow. As grief and the expression of it are natural, she may Partnership Among Owners of Capital
mourn and weep but without wailing and shouting. Upon the Insurance Companies
death of Khalid bin Walleed, 'Umar heard some women -Do Insurance Companies Constitute Cooperatives?
weeping. Some people wanted to stop them from it but 'Umar -A Modification
said, "Let them weep for Abu Sulayman (the name by which -The Islamic System of Insurance
Khalid was called), as long as they do not throw dust on their
The Use of Cultivable Land
heads or start crying out."
-1. Cultivating the Land Himself
-2. Lending the Land to Others for Cultivation
2. Business Transactions -3. Taking a Proportion of the Crop
-The Prohibited Form of Share-Cropping
Business Transactions -4. Renting the Land for Money
The Prohibition of Selling Haram Goods Reasoning by Analogy Implies No Leasing for Money
The Prohibition of a Sale Involving Uncertainty Partnership in Raising Animals
Price Manipulation
The Condemnation of Hoarding
Business Transactions
Interference in the Free Market
Allah Subhanahu wa Ta'ala has created human beings in a state
The Permissibility of Brokerage
of dependence upon one another. Each individual does not own
Exploitation and Fraud
all the things he needs one person has something which he can
"He Who Deceives Us Is Not of Us"
spare while at the same t me he may need something which
Frequent Swearing
others have and which they can spare. Allah has directed
Withholding Full Measure
people toward exchanging goods and utilities through buying
The Prohibition of Buying Stolen Property
and selling because such transactions make social and
The Prohibition of Interest
economic life function smoothly and encourage people to be
The Wisdom of Prohibiting Interest
productive.
The Borrower on Interest and the Writer of the Deed
Various types of transactions and exchanges of property were
Concerning the Prophet's Seeking Refuge with Allah from
current among the Arabs at the dawn of the Prophet's mission.
Debt
He
Sale for Deferred Payment (Credit)

159
approved and confirmed such types of transactions which did Involving Uncertainty)" in Muslim and others.) or which
not conflict with the principles of the Shari'ah and disapproved involved an unspecific quantity to be exchanged or delivered.
and prohibited those business practices which were against the This includes the sort of transaction in which there is no
purposes and aims of the Shari'ah. The prohibitions were due to guarantee that the seller can deliver the goods for which he
specific reasons, as, for example, trading in haram goods, receives payment. Accordingly, the Prophet (peace be on him)
transactions involving fraud or exorbitant profits, or injustice to forbade accepting money for a stallion's or male camel's
one of the contracting parties. covering, for fish in the water or birds in the air which one has
not caught, or for the offspring of a camel still in the female's
The Prohibition of Selling Haram Goods womb, since there is an element of uncertainty as to the
Trading in goods which are normally used for committing sin outcome in all such transactions.
is haram. Examples of such things are swine, intoxicants, and The Prophet (peace be on him) observed that people sold
other prohibited foods in general, as well as idols, crosses, unripened fruits which were still in the fields or orchards; if the
statues, and the like. Permitting the sale or trade of such crop were destroyed by blight or some natural calamity, the
articles implies promoting and propagating them among buyer and seller would quarrel over who was to bear the loss.
people, and consequently encouraging them to do what is Hence, the Prophet (peace be on him) prohibited the sale of
haram, while prohibiting their sale implies suppressing and fruit until they were clearly in good condition (Reported by al-
ignoring them, thereby preventing people from coming into Bukhari and Muslim.), unless they were to be picked on the
contact with them. The Prophet (peace be on him) said, spot Similarly, he forbade selling ears of corn until they were
"Surely, Allah and His Messenger have prohibited the sale of white and safe from bright, (Reported by Muslim) saying, "Tell
wine, the flesh of dead animals, swine and idols," (Reported by me why, if Allah withholds the fruit, any of you should take his
al-Bukhari and Muslim.) and also, "When Allah prohibits a brother's property." (Reported by al-Bukhari and others.)
thing, He prohibits (giving and receiving) the price of it as
well." (Reported by Ahmad and Abu Daoud.) However, not every sale involving what is unknown or
uncertain is prohibited; for example, a person may buy a house
The Prohibition of a Sale Involving Uncertainty without knowing the condition of its foundation or what is
The Prophet (peace be on him) forbade any kind of transaction inside the walls. What is prohibited is selling something about
which could lead to a quarrel or litigation due to some which there is an obvious element of uncertainty which may
uncertainty (See the chapter on "The Prohibition of al-Gharar lead to dispute and conflict, or may result in the unjust
(Transactions appropriation of other people's money. Again, if the risk of

160
uncertainty is small -and this is determined by experience and interfere in the free market, public interest takes precedence
custom -the sale is not prohibited. For example, one may sell over the freedom of such individuals. In such a situation price
root vegetables such as carrots, onions, and radishes while they control becomes permissible in order to meet the needs of the
are still in the ground, or fields of cucumbers, watermelons and society and to protect it from greedy opportunists by thwarting
the like. In the opinion of Imam Malik, all such sales of needed their schemes, for the above hadith does not mean that price
items in which the margin of risk is bearable are permissible. control is prohibited regardless of the circumstances, even if it
(In Al-qawa'id al-nuraniyyah, p. 118, Ibn Taimiyyah says: "The removes harm and prevents obvious injustice. Researchers
principles laid down by (Imam) Malik concerning sales are among scholars have concluded that, depending on the nature
superior to those of others, because he took them from Sa'id of the circumstances, price control may at times be unjust and
ibn al-Musayyib, who is the best authority on the fiqh prohibited, and at other times may be just and permissible. If
(jurisprudence) of sales." Imam Ahmad bin Hanbal's opinion is price control compels people to sell their goods at a price
close to that of Malik.) which is not acceptable to them or denies them the reasonable
profit permitted by Allah, it is haram.
Price Manipulation If, on the other hand, price control establishes equity among
In Islam the market is to be free and permitted to respond to people, for example, by forcing sellers to accept a price equal
the natural laws of supply and demand. Thus, when the prices to that commanded by other comparable commodities and
became high in the Prophet's time and people asked him to fix restraining them from taking more than this, it is allowed
prices for them, he replied, Allah is the One Who fixes prices, -indeed necessary. The hadith cited above relates to the first
Who withholds, Who gives lavishly, and Who provides, and I type of situation. Accordingly, if merchants are selling a
hope that when I meet Him none of you will have a claim commodity in the customary fashion without any wrong-doing
against me for any injustice with regard to blood or property. on their part and the price subsequently rises due to the scarcity
(Reported by Ahmad, Abu Daoud, al-Tirmidhi, Ibn Majah, al- of the commodity or due to an increase in population
Dari and Abu Y'ala.) (indicating the operation of the law of supply and demand), this
With these words the Prophet of Islam (peace be on him) circumstance is from Allah, in which case to force them to sell
declared that unnecessary interference in the freedom of the commodity at a fixed price would be unjust compulsion.
individuals is injustice and that one should meet Allah free of
blame for such a thing. If, however, any artificial forces, such In relation to the second type of situation, should the dealers in
as hoarding and manipulation of prices by certain merchants, a commodity refuse to sell it, despite the fact that people are in
need of it, unless they secure a price higher than its known

161
value, they must be compelled to sell it at a price equal to the bounty, but he who withholds them is cursed." (Reported by
price of an equivalent commodity. Price control here means Ibn Majah and al-Hakim.) There are two ways of making a
nothing more than establishing comparable prices for profit in a business. One is to withhold the commodity from the
equivalent commodities and it is therefore in conformity with market until it becomes scarce and those who need it are
the standard of justice demanded by Allah Ta'ala. (Refer to unable to find it; then, compelled by their need, they come to
Risalat al-hisbah by Ibn Taimiyyah, as well as to Al-turuq al- the hoarder and pay him the price he demands, although it may
hikmiyyah by Ibn al-Qayyim, p. 214 ff.) be unreasonably high. The other way is to put the commodity
The Condemnation of Hoarding on the market, sell it for a reasonable profit, buy more goods
and sell them in like manner, and so on. Since this latter
Freedom for individual and natural competition in the
practice serves the public interest, a merchant who practices it
marketplace is guaranteed by Islam. Nevertheless, Islam
is both blessed by Allah and well-provided for, as the
severely condemns those who, driven by ambition and greed,
foregoing hadith states.
accumulate wealth at the expense of others and become rich by
manipulating the prices of food and other necessities. This is A very important hadith concerning hoarding and manipulating
why the Prophet (peace be on him) denounced hoarders in very prices has been narrated by M'aqal bin Yassar, a companion of
strong words, saying, "If anyone withholds grain for forty days the Prophet (peace be on him). The Umayyed governor,
out of the desire for a high price, Allah will renounce him." 'Ubaidullah bin Ziyad, came to visit M'aqal when he was
(Reported by Ahmad, al-Hakim, Ibn Abu Shaybah, and al- bedridden due to a grave illness. After inquiring about his
Bazzar.) He also said, "If anyone withholds goods until the condition, 'Ubaidullah asked him, "Do you know of any
price rises, he is a sinner." (Reported by Muslim.) And the term instance of my having wrongfully shed someone's blood?"
"sinner" here is not to be tlightly. M'aqal replied that he did not. "Do you know of any instance,"
'Ubaidullah continued, "in which I interfered with the prices of
It is thesame epithet which Allah Ta'ala has applied to some of
the Muslims' goods?" M'aqal again replied that he did not
the great tyrants in history, for example: ...Assuredly Pharaoh
know.
and Haman and their hosts were sinners. (28:8) The Prophet
(peace be on him) also said, "The man who hoards goods is Then M'aqal asked the people to help him to sit up, which they
evil. If prices fall he is grieved and if they rise he is happy" did. He then said, "Listen, O 'Ubaidullah, and I will tell you
(Razi has mentioned this hadith in his Jami'ah.) thereby something which I heard from the Messenger of Allah (peace
exposing the selfish and greedy mentality of hoarders. Again, be on him). I heard the Messenger of Allah (peace be on him)
he said, "He who brings goods to the market is blessed with say, 'Whoever interferes with the prices of the Muslims' goods

162
in order to raise them deserves that Allah should make him sit from the desert. If people are left alone, Allah will give them
in the Fire on the Day of Resurrection.' "Did you hear this from provision from one another. (Reported by Muslim.) This
Allah's Messenger (peace be on him)?" asked 'Ubaidullah, and significant expression of the Prophet's, "If people are left alone,
M'aqal replied, "More than once or twice." (Reported by Allah will give them provision from one another," establishes a
Ahmad and al-Tabarani.) On the basis of the text and content basic principle in the field of commerce: that the market, its
of these foregoing ahadith, scholars have deduced that prices, and sales, should be left free to respond to internal
hoarding is prohibited under two conditions: one, that hoarding economic forces and natural competition without manipulation.
at a given time is injurious to the people of that country, and When Ibn 'Abbas was asked about the meaning of "A resident
two, that the hoarder's aim is to force the price up in order to must not sell for a man from the desert," he replied, "The
make more profit. resident should not be a broker for him."(Reported by al-
Bukhari.) From this we understand that if someone were to
Interference in the Free Market
inform the man from the desert about prices, proffering him
Another practice related to hoarding which was prohibited by good advice and telling him about prevailing market prices
the Prophet (peace be on him) was a townsman's selling on without charging him acommission, there would be no harm in
behalf of a man from the desert. Scholars have explained the it, for giving good advice is part of the religion; in fact, a sound
situation in the following manner: a stranger would bring some hadith states, "Religion is the giving of good advice,"
goods to be sold in town at the current market price. A (Reported by Muslim.) and, "If someone asks your advice,
townsman would approach him, saying, "Leave them with me advise him." (Reported by Ahmad). However, with regard to
for a while. I will sell them for you when the price is better." the broker, it is quite probable that, in a situation such as that
Had the non-resident himself sold his goods, he would have described above, he might neglect the public interest for the
done so for a lower price, thereby benefiting the people, while sake of his own profit.
he himself would have made a reasonable profit.
The Permissibility of Brokerage
This sort of practice was very common in Arab society when With the exception of such cases, brokerage is permissible,
Islam came. Anas says, "Sale by a resident on behalf of a since it is a sort of mediation and connection between the buyer
desert-dweller was prohibited to us, even though he might be a and the seller, which in many cases facilitates a profitable
blood brother." (Reported by al-Bukhari and Muslim.) From transaction for at least one of them or for both. In modern
this we learn that for the Muslim the public interest takes times, middlemen have become more necessary than at any
precedence over personal relationships. Said the Prophet (peace time in the past because of the complexities of trade and
be on him), A resident (of the town) must not sell for a man commerce, which involve all types of exports and imports, and

163
wholesale and retail sales and purchases; brokers play a very purpose of deceiving others. Among the variety of measures
important role in keeping things moving. There is nothing which the Prophet (peace be on him) took to keep business
wrong, therefore, with the broker's charging a commission for transactions as far removed as possible from all kinds of
his services. exploitation and fraud was that of prohibiting people from
The commission may be a fixed amount or proportional to the going out of town to buy merchandise which was on its way to
volume of sales, or whatever is agreed upon among the parties the market, telling them to wait until it was brought to the
involved. Al-Bukhari states in his Sahih. Ibn Sirin, 'Ata, marketplace. (Reported by Muslim, Ahmad, and Ibn Majah.)
Ibrahim, and Hassan saw nothing wrong with commissions The reason for this prohibition is that the market place, where
charged by brokers. Ibn 'Abbas said, 'There is no harm if one the forces of demand and supply determine prices, is the best
person says to another, "Sell this robe, and if you sell it for place for trading transactions.
more than such and such a price, you may keep the extra If someone goes out of town to buy from a trader who is
amount."' Ibn Sirin said, 'There is nothing wrong if one person bringing merchandise, there is a possibility that the seller, not
says to another, "Sell it for this price and keep the profit, or the knowing the current price of his merchandise, may be
profit will be shared between you and me."' The Prophet (peace defrauded. If anyone does buy some of his merchandise in this
be on him) said, 'The Muslims must abide by their terms.' (This manner, the seller has the option of canceling the transaction
hadith is reported by al-Bukhari with the chain of transmitters after arriving at the marketplace. (Reported by Muslim.) "He
which does not reach back to the Prophet (peace be on him); Who Deceives Us Is Not of Us" Islam prohibits every type of
however, Ahmad, Abu Daoud, al-Hakim, and others have a fraud and deception, whether it be in buying and selling or in
complete chain of transmitters) any other matter between people.
In all situations the Muslim must be honest and truthful,
Exploitation and Fraud holding his faith dearer than any worldly gain. The Prophet
In order to prevent the manipulation of the market, the Prophet (peace be on him) said, Both parties to a butransaction have a
(peace be on him) also prohibited what is termed najash. right to cancel it as as they have not separated. If they tell the
(Reported by al-Bukhari and Muslim.) Ibn 'Umar explained truth and make everything clear, they will be blessed in their
that najash signifies someone's bidding for an item in excess of transaction, but if they lie and conceal anything, the blessing
its price without having any intention of actually buying it, but will be blotted out. (Reported by al-Bukhari.) He also said, It is
merely in order to induce others to bid still higher. Many times not permissible to sell an article without making everything
this is pre-arranged for the (about it) clear, nor is it permissible for anyone who knows
(about

164
its defects) to refrain from mentioning them. (Reported by al- of a lie, saying, "Swearing produces a ready sale but blots out
Hakim and al-Bayhaqi.) Once, when passing by a grain the blessing." (Reported by al-Bukhari.) He disapproved of
merchant, the Prophet's curiosity was aroused. He thrust his frequent swearing in business transactions because first, it is
hand into the heap of grain and found it wet. "What is this, O probably done to deceive people, and second, because it
merchant?" he asked. "It is because of rain," the man replied. reduces respect for the name of Allah.
The Prophet (peace be on him) then said to him, "Why did you
not put it on top so that the people could see it? He who Withholding Full Measure
deceives us is not of us." (Reported by Muslim.) In another One way of defrauding the customer is to measure or weigh
report it is said that he passed by a heap of grain which was incorrectly. The Qur'an emphasized this aspect of business
made to look good by the merchant. transactions and included it among the ten obligations
The Prophet (peace be on described in the last part of Surah al-An'am: ...And give full
him) put his hand into it and found it to be bad. He told the measure and (full) weight, in justice; We do not burden any
merchant, "Sell the good and the bad separately. He who soul beyond what it can bear.... (6:152) And elsewhere in the
deceives us is not of us." (Reported by Ahmad.) The Muslims Qur'an Allah Ta'ala says, And give full measure when you
of earlier times strictly observed the practices of exposing the measure and weigh with the straight balance; that is most
defects of what they sold, of telling the truth, and of giving fitting and best in the final determination. (17:35) He also says,
good advice. When Ibn Sirin sold a sheep, he told the buyer, "I Woe to the defrauders -those who, when they take the measure
would like to tell you about a defect it has: it kicks the fodder." from people take it in full, but when they measure for them or
And when al-Hassan bin Salih sold a slave girl he told the weigh for them give them short.
buyer, "Once she spat up blood." Although she had done this
only once alHassan's Muslim conscience required that he Do they not realize that they will be raised up again on a
mention the fact, even if it resulted in his receiving a lower mighty Day, a Day when mankind will stand before the Lord of
price. the worlds? (83:1-6) The Muslim should try to do justice in
Frequent Swearing measuring and weighing as far as it is humanly possible,
The sin of deceiving is the greater when the seller supports it although absolute accuracy in this regard is unattainable. This
by swearing (This means swearing that something is true in the is why, following the command to give full measure, the
name of Allah. (Trans. falsely. The Prophet (peace be on him) Qur'an adds, "We do not burden any soul beyond what it can
told the merchants to avoid swearing in general and, in bear." A story is narrated in the Qur'an concerning a people
particular, in support who were dishonest in their business dealings, deviating from

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justice in weighing and measuring, and being miserly with each into the halal nor does it deprive the original owner of his right
other. Allah Subhanahu wa Ta'ala sent a messenger to bring to it.
them back to justice and honesty, as well as to the belief in His
Unity. These were the people of the prophet Shu'aib (peace be The Prohibition of Interest
on him), who as a warner and preacher, called on them to Give Islam permits increase in capital through trade. Allah
full measure, and do not be of those who give less (than what is Subhanahu wa Ta'ala says, O you who believe, do not consume
due). And weigh with the straight balance, and do not diminish your property among yourselves wrongfully, but let there be
people's goods nor do evil on the earth, making mischief. trade by mutual consent.... (4:29) At the same time, Islam
(26:181183) What is correct in relation to weighing and blocks the way for anyone who tries to increase his capital
measuring is correct in relation to all other human affairs and through lending on usury or interest (riba), whether it is at a
relationships. The Muslim is not permitted to have two low or a high rate, reprimanding the Jews for taking usury,
standards, one for himself and one for other people, this for the even though they had been prohibited to do so. Among the last
near and dear and that for the public, demanding in full his revelations are the following verses of Surah al-Baqarah: O
rights and the rights of those who support him, but when it you who believe, fear Allah and give up what remains due to
concerns others, diminishing or depriving them of their rights. you of interest if you are indeed Believers.
And if you do not, then be warned of war (against you) by
The Prohibition of Buying Stolen Property Allah and His Messenger, while if you repent you shall have
In order to combat crime and to confine the criminal within a your capital. Do not do wrong and you shall not be wronged.
very narrow sphere of activity, Islam has prohibited the (2:278-279) The Prophet (peace be on him) declared war on
Muslim to buy any article which he knows to have been usury and those who deal in it; he pointed out its dangers to
usurped, stolen, or taken unjustly from its owner; anyone who society, saying, When usury and fornication appear in a
does so abets the usurper, the thief, or the one committing community, the people of that community render themselves
injustice in his respective crime. Said the Prophet (peace be on deserving of the punishment of Allah. (Reported by al-Hakim;
him), He who buys the stolen property, with the knowledge Abu Y'ala has reported something similar on good authority.)
that it was stolen, shares in the sin and shame of stealing.
(Reported by al-Bayhaqi.) The passage of time does not render Among the revealed religions (According to the Qur'an there
a piece of stolen or misappropriated property lawful, for in has been only one true, authentic faith, Al-Islam. Islam means
Islam the mere passage of time does not transform the haram the attainment of peace through conscientious and loving
submission to the Will and Guidance of Allah. This was the

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mission of all Prophets and Messengers in human history. It is this prohibition, and recenstudies have confirmed their
the same fundamental faith which was revealed to Moses, opinions, with some additions and extensions of their
Jesus, and Muhammad (peace be upon them). The original arguments. We confine ourselves to what Imam al-Razi says in
revelations given to Moses and Jesus are no longer available in his Tafsir of the
their complete, original and unadulterated form. The Qur'an is Qur'an: First: The taking of interest implies appropriating
the only divine revelation which was meticulously preserved in another person's property without giving him anything in
it's complete, original, and unadulterated form. As such, it is to exchange, because one who lends one dirham for two dirhams
be used as the criterion to judge the authenticity of the present gets the extra dirham for nothing. Now, a man's property is for
forms of previous revelations.), Judaism, prior to Islam, had (the purpose of) fulfilling his needs and it has great sanctity,
also prohibited interest. according to the hadith, ' A man's property is as sacred as his
In the Old Testament we read, If you lend money to any of My blood' (Transmitted by Abu Na'eem in Al-hilbah.) This means
people with you who is poor, you shall not be to him as a that taking it from him without giving him something in
creditor, neither shall you require interest from him. (Ex. exchange is haram.
22:25) As for Christianity, the Gospel according to Luke reads,
Second: Dependence on interest prevents people from working
Give away to every one who begs of you, and of him who takes
to earn money, since the person with dirhams can earn an extra
away from your goods, do not demand them back again. (Luke
dirham through interest, either in advance or at a later date,
6:30) It is, therefore, sad to see that the Old Testament has been
without working for it. The value of work will consequently be
subjected to such distortions that the meaning of "My people,"
reduced in his estimation, and he will not bother to take the
which originally had a broader application, later became
trouble of running a business or risking his money in trade or
restricted to the Jews alone, as we read in Deuteronomy, You
industry. This will lead to depriving people of benefits, and the
may lend on interest to a foreigner, but to your brother you
business of the world cannot go on without industries, trade
shall not lend on inters". (Deut. 23:20)
and commerce, building and construction, all of which need
capital at risk. (This, from an economic point of view, is
The Wisdom of Prohibiting Interest
unquestionably a weighty argument.)
The strict prohibition of interest in Islam is a result of its deep
concern for the moral, social, and economic welfare of Third: Permitting the taking of interest discourages people
mankind. Islamic scholars have sound arguments explaining from doing good to one another, as is required by Islam. If
the wisdom of interest is prohibited in a society, people will lend to each other
with good will,

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expecting back no more than what they have loaned, while if the one who writes the contract, and the one who witnesses the
interest is made permissible the needy person will be required contract. (Reported by Ahmad, Abu Daoud, al-Nisai, Ibn
to pay back more on loans (than he has borrowed), weakening Majah, and al-Tirmidhi, who calls it sound.) However, if a
his feelings of good will and friendliness toward the lender. person is driven to borrowing money on interest due to some
(This is the moral aspect of the prohibition of interest.) Fourth: pressing need, the sin will be on the lender alone. Now, to
The lender is very likely to be wealthy and the borrower poor. establish such a pressing need certain conditions must be met:
If interest is allowed, the rich will exploit the poor, and this is
against the spirit of mercy and charity. (This is the social aspect 1. The need must be real, not merely an extension of the scope
of the prohibition of interest.) (Tafsir by al-Fakhr al-Deen al- of one's needs and the desire for luxury. It must be so basic that
Razi, vol. 7, p. 4.) Thus, in a society in which interest is lawful, life is not possible without it, for example, food, clothing, and
the strong benefit from the suffering of the weak. As a result, medical treatment.
the rich become richer and the poor poorer, creating socio- 2. This concession is limited to the exact amount needed. Thus,
economic classes in the society separated by wide gulfs. for example, if nine dollars is sufficient, borrowing ten dollars
Naturally this generates envy and hatred among the poor is not lawful.
toward the rich, and contempt and callousness among the rich 3. The borrower must continue to search for ways to escape
toward the poor. Conflicts arise, the socio-economic fabric is from his predicament, and his brother Muslims should help him
rent, revolutions are born, and social order is threatened. in this. If no other means are found, he can resort to borrowing
Recent history amply illustrates the dangers to the peace and on interest with no intention of liking it or transgressing the
stability of nations inherent in interest-based economies. limits, and hope for forgiveness from Allah, as indeed He is
Forgiving and Merciful.
The Borrower on Interest and the Writer of the Deed 4. He must continue to hate it and regret doing it until Allah
Unquestionably the money-lender who takes interest, getting opens a way out for him.
more from the borrower than his capital, is accursed in the
sight of Allah and the people. But Islam, with its characteristic
Concerning the Prophet's Seeking Refuge with Allah from
method of dealing with the haram, does not confine the sin to
Debt
the lender on interest alone; it considers the borrower who pays
him interest, the writer of the promissory note, and the witness The Muslim must be aware that his religion commands him to
to it to be among his accomplices. A hadith says: Allah has be moderate in his living habits and thrifty in his financial
cursed the one who takes interest, the one who pays it, affairs ...And do not be extravagant; indeed, He does not like

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those who are extravagant. (6:141) ...And do not squander your enriched him from the spoils of war, he paid the debts of such
wealth wantonly; truly, those who squander are the brothers of persons and led their funeral prayers. (This is from what is
the evil ones. (17:26-27) When the Qur'an asked Muslims to narrated by Jabir and Abu Hurairah.) He said, "Everything will
spend in the way of Allah, it did not ask them to spend all but be forgiven to the shaheed (martyr in the cause of Allah)
merely a part of their wealth. If a person spends only a part of except debt." (Reported by Muslim.) The Muslim who
what he earns, it is not likely that he will become destitute; isinformed of these ahadith will never resort to borrowing
thus, with moderation in his living habits and control of his except in the case of dire need, and if he does borrow will
spending, the Muslim will not be compelled to borrow The always remain mindful of the obligation of repayment. A
Prophet (peace be on him) disliked the Muslim's being in debt hadith states, If a man borrows from people with the intention
of repaying them, Allah will help him to repay, while if he
because debt is a worry by night and a humiliation by day.
borrows without intending to repay them, Allah will bring him
to ruin. (Reported by al-Bukhari.) Accordingly, if a Muslim is
He always asked Allah's protection from indebtedness, saying,
not to resort to the kind of borrowing which is halal (that is,
"O Allah, I seek refuge in Thee from the burden of debt and
without interest) without a compelling need, what can we say
from the anger of men." (Reported by Abu Daoud.)
concerning his borrowing money on interest?
He also said, 'I seek refuge in Thee from unbelief and debt.' A
man asked him, 'Do you equate debt with unbelief?' He replied,
Sale for Deferred Payment (Credit)
'Yes.' (Reported by al-Nisai and al-Hakim.) In his prayers he
While it is best to buy an article by paying cash, it is also
would frequently say, 'O Allah, I seek refuge in Thee from sin
permissible to buy on credit by mutual consent. The Prophet
and debt.' He was asked, 'Why do you so often seek the
(peace be on him) bought some grain from a Jew, to be paid for
protection of Allah from debt?' He replied, 'One who is in debt
at specific time, pledging his coat of mail as security.
tells lies and breaks promises.' (Reported by al-Bukhari.)
(Reported by al-Bukhari.) A group of jurists are of the opinion
that, should the seller increase his price if the buyer asks for
From these statements it becomes clear that borrowing can
deferred payments, as is common in installment buying, the
endanger one's morals.
price differential due to the time delay resembles interest,
The Prophet (peace be on him) would not pray the funeral
which is likewise a price for time; accordingly, they declare
prayer for a person who had died in a state of indebtedness, not
such sales to be haram.
leaving behind enough property to repay his loans; he did this
However, the majority of scholars permit it because the basic
in order to discourage others from such an end. In later years,
principle is the permissibility of
when Allah had

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things, and no clear text exists prohibiting such a transaction. removes uncertainty and misunderstanding. Similar to this was
Furthermore, there is, on the whole, no resemblance to interest the practi4 of paying in advance for the fruit of a certain
in such a transaction, since the seller is free to increase the number of palm trees, which the Prophet (peace be on him)
price as he deems proper, as long as it is not to the extent of prohibited because of the possibility of unforeseen losses due
blatant exploitation or clear injustic, in which case it is haram. to blight. The proper form of advance trade is therefore to
Al-Shawkani says, "On the basic of legal reasons, the followers specify the measure of weight, rather than selling the fruits of a
of Shafi'i and Hanafi schools, Zaid bin 'Ali, al-Muayyid Billah, certain number of trees or the crop of a certain acreage of sown
and the majority of scholars consider it lawful." (Nayl al-awtar, field. However, such a transaction is haram if the owner of the
vol. 5, p. 153. Al-Shawkani said, "We have compiled a treatise trees or the farm land is clearly being exploited because he
on this subject and have called it 'Shifa al'ilal fi hukum ziyadat needs money.
al-thamam li mujarrad al-ajal' (The Reason for Increasing the Partnership Between Capital and Labor
Price Due to Lapse of Time), and have researched it It may be said that Allah Subhanahu wa Ta'ala has distributed
thoroughly.") talents and wealth among human beings according to a wise
plan of apportionment. We find many a talented and
Payment in Advance experienced individual who does not possess much wealth or
The Muslim is allowed to make an advance payment of a none at all, while others have a great deal of money but little or
specified price for a specified quantity of merchandise to be no talent. Why, therefore, should not the wealthy person turn
delivered at a fixed time in the future. This type of transaction over to the one possessing talents some of his wealth to invest
was prevalent in Madinah when the Prophet (peace be on him) in a profitable business, so that the two may benefit from one
arrived, and he introduced certain changes and conditions in another and share the profits according to some agreed-upon
this type of transaction in order to bring it into conformity with formula?
the Islamic Shari' ah. Ibn Abbas narrated, "When Allah's In particular, business ventures on a large scale require the
Messenger (peace be on him) came to Madinah, they were cooperation of many investors. Among the populace we find a
paying one and two years in advance for fruits, but he then large number of people who have savings and excess capital
said, Those who pay for anything in advance must do so for a but who lack time or the capability of investing it. Why should
specified measure and weight, with the fixing of a specified not this money be pooled and placed under the management of
time. (Reported by al-Bukhari, Muslim and others.) This capable people who will invest it in significant, large-scale
limitation of specifying the measure or weight and time projects? We maintain that the Islamic Shari'ah did not prohibit
cooperation between capital and management, or between

170
capital and labor as these terms are understood in their Islamic cultivable land which was known as al-muzara'ah (share-
legal sense. In fact, the Shari'ah established a firm and cropping) (Reported by Muslim.), in which the contract would
equitable basis for such cooperation: if the owner of capital give one partner the produce of a specified area of a farm or a
wishes to become a partner with the working man, he must fixed amount of grain such as one or two tons. He prohibited
agree to share all the consequences of this partnership. The this because such a transaction is similar to usury or gambling;
Shari'ah lays down the condition that in such a partnership, for if the farm produced less than the specific amount or
which is called al-mudaribah or al-qirad, the two parties should nothing at all, one partner would still get his share, while the
agree that they will share the profit if there is profit and loss if other would suffer a total loss, which is contrary to justice.
there is loss in a proportion agreed upon in advance.
The explicit hadith invalidating share-cropping because of this
This proportion can be one-half, one-third, one-fourth, or any condition is, in my opinion, the basis of consensus among
other proportion for one party and the remainder for the other jurists that no partnership is valid which specifies a fixed profit
party. Thus the partnership between capital and labor is that of for one partner in every case, regardless of whether or not the
two parties with joint responsibility, each having his share, investment was profitable. They say, "Suppose one of the
whether of profit or loss, and whether much or little. If, in the partners makes a condition that he is to receive a specified
balance, the losses exceed the profits, the difference is to be amount of money. In case the profit does not exceed that
charged against the capital. amount, he would receive the entire profit, and even if there is
This arrangement is not surprising, for while the owner of the no profit, he would receive that much; on the other hand, if the
capital has suffered a loss in his wealth, the working partner profit is large he will be hurt by the condition of getting only
has lost his time and effort. This is the law of Islam concerning the specified amount. " (In his treatise, Al-Islam wa
partnership contracts. Conversely, were the owner of the mushkilatina al-mu'asirah (Islam and Contemporary Problems),
capital to be guaranteed a fixed profit on his capital regardless
of the magnitude of the profit or loss, it would be a clear Dr. Muhammad Yusuf Musa quotes Sheikh Muhammad
violation of justice and a bias in favor of capital against 'Abduh and Sheikh Abdul Wahhab as disagreeing with the
investment experience and labor; it would also be contrary to jurists concerning partnership contracts. They argue that this
the realities of investment, which always contain elements of has no basis in the Qur'an and the Sunnah. With due respect to
risk. To guarantee to the person who did not toil or take any their opinions, I maintain that the analogy to share-cropping is
risk is the very essence of abominable usury. The Prophet sufficient to apply it to other partnerships. But Allah knows
(peace be on him) forbade the type of partnership on best.) This reasoning is in accordance with the spirit of Islam,

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which bases all human affairs on clearly defined principles of Prophet (peace be on him) also stated in a hadith qudsi that
justice and fairness. Allah, the Great and Glorious says, I make a third with two
partners as long as one of them does not cheat the other, but
Partnership Among Owners of Capital when he cheats him I depart from them. (Reported by Abu
Just as it is lawful for the Muslim to use his own wealth for any Daoud and by al-Hakim, who calls it sound.) Razi's version
permissible purpose or to give it to a capable, experienced adds, "and Satan comes." (Reported by Razi in his Jami'ah.)
person to invest in a joint venture, it is also lawful for him to
pool his capital with the capital of others for investment, trade, Insurance Companies
or any lawful business ventures. There are all kinds of We now turn to the important relating to present-day
activities and projects, some requiring intensive labor, others companies which issue life insurance and insurance against
intensive mental expenditure, and still others large capital. By hazards and accidents. What is the Islamic position and ruling
themselves individuals may not be able to accomplish much, concerning such companies? Before answering this question
but when joined with others, they can achieve many things. we must first inquire into the nature of such companies and the
Allah Ta'ala says, ...and help each other in righteousness and nature of the relationship between the insured and the
God-consciousness. (5:3 (2 insurance firm; in other words, is the insured individual a
Any deed which produces good results for the individual or partner of the firm's owners? If this is the case, every
society, or which removes some evil, is righteousness, and a individual insured by the firm should have a share in its profits
righteous deed becomes piety if a good intention is added to it. or losses since this is the meaning of a partnership in Islam.
Islam is not content with merely allowing such joint endeavors With regard to insurance against hazards, the insured pays a
but encourages and blesses them, promising Allah's help in this specified premium during the year.
world and His reward in the Hereafter as long as these If no accident of the type specified in the insurance policy
endeavors are within the sphere of what Allah has made halal, occurs to the property (shop, factory, ship, etc.) during the
far removed from usury (interest) and from ambiguity, year, the company keeps the premiums received and nothing is
injustice, fraud, and cheating in any form. In this connection returned to the insured. If, on the other hand, some calamity
the Messenger of Allah (peace be on him) said, Allah's hand is occurs, the insured individual is paid the agreed-upon sum.
over two partners as long as one of them does not cheat the This kind of transaction is far removed from either trade or
other, but when he cheats his partner, He withdraws it from partnership. In relation to life insurance, supposing a person
both. (Reported by al-Darqutni.) "Allah's hand" refers to His takes out insurance for twenty thousand dollars and dies soon
help, inspiration, and blessing. The after paying the first premium, his beneficiaries are then

172
entitled to the entire sum of twenty thousand dollars. Had this group which desires to help its members in the event of
been a business partnership, they would have been entitled only unforeseen calamity, the following conditions must be met in
to the amount of the premium which was paid, plus the profit regard to the money collected:
on it. Again, if the insured person fails to pay his premiums 1. Every member who pays his allotted share of money pays it
after having paid a few of them, according to the terms of as a donation, in the spirit of brotherhood. From this pool of
insurance contracts he will lose all or a great part of what he donations help is given to those who are in need.
has already paid. The least one can say about this is that it is, 2. If any part of this money is to be invested, it should be
inthe context of the Islamic legal system, an invalid condition. invested in halal businesses only.
The argument that the two parties, the insured and the 3. It is not permitted to the member to donate his share on the
insurance firm, enter into this contract willingly in accordance condition that he will receive a pre-determined amount in the
with their respective self-interest carries no weight; so do the event of an unforeseen calamity. Rather, he will be paid an
lender and the borrower on interest and two gamblers. The amount which will compensate his loss or a part of it,
mutual agreement of the two parties has no validity in a depending on the resources of the group, from the pooled
transaction which is not based on justice and equity, and which monies.
is not devoid of any trace of ambiguity or exploitation.
4. What has been donated is gift from the donor, and taking it
Moreover, since justice, with no harm either to oneself or
back is haram.(Taken from the book, Al-Islam wal-manahij
others, is the ultimate criterion here, a transaction is invalid if it
alishtirakiyyah (Islam and Socialism), by Muhammad al-
stipulates that in certain situations one party is to take all, with
Ghazzali, p. 131.) Apart from some of the Muslim cooperatives
no benefits guaranteed to the other.
and associations in which the individual pays a certain sum
monthly as a donation without any right to take it back and
Do Insurance Companies Constitute Cooperatives?
with no condition that he will receive a pre-determined amount
It is clear to us that the relationship between the insured and the
in case of an unforeseen calamity, these conditions are not met.
insurer does not constitute a partnership. The question then is,
As far as insurance companies especially life insurance -are
What is the nature of this relationship? Is it a relationship of
concerned, they do not satisfy these conditions in any respect
cooperation? Are insurance firms to be regarded as
because:
cooperatives which are organized by their members to help one
another, each member paying a certain amount as his share? In 1. The insured individuals do not pay the premium as
order to establish a cooperative system on a sound footing in donations; such a thought never occurs to them.
any

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2. Insurance firms invest their monies in businesses which insurance against hazards to be a lawful contract. However, as
operate or lend their money on interest. All this is haram and far as life insurance is concerned, I see it as being very remote
the Muslim is prohibited to participate in such activities; the from Islamic business transactions.
strictest and most permissive jurists alike all agree on this
The Islamic System of Insurance
point.
Our observation that the modern form of insurance companies
3. In the event that the insured survives the term of the
and their current practices are objectionable Islamically does
contract, he gets back all the premiums he paid plus some
not mean that Islam is against the concept of insurance itself;
additional sum, which is nothing but interest.
not in the least
Furthermore, insurance is contrary to the whole concept of
-it only opposes the means and methods. If other insurance
cooperation among people. While the principle of cooperation
practices are employed which do not conflict with Islamic
requires that the poor and needy be paid more than the rich, the
forms of business transactions, Islam will welcome them. In
rich, who can afford higher premiums, get back much more in
any case, the Islamic system has already insured the Muslims
the event of death or an accident than the poor. (In the 6th
and others living under its governance in its characteristic
(1972) edition of the present volume, Dr. al-Qaradawi has cited
fashion, the characteristic which permeates all its teachings and
three additional references about insurance published in the
legislation. This provision is accomplished either through
'40's and '50's. (Trans.
mutual help among individuals or through the government and
A Modification
its treasury, for the treasury, known as the bait al-mar, is the
In my view insurance against hazards can be modified in a
universal insurance company for all who reside within the
manner which would bring it closer to the Islamic principle by
Islamic domain.
means of a contract of "donation with a condition of
compensation." The insured would donate his payments to the In the Islamic Shari'ah we find insurance for individuals
company with the stipulation that the company would against hazards and provision for assisting them to overcome
compensate him, in the event that he is struck by calamity, with disasters which may befall them. Earlier we mentioned that a
an amount which would assist him and reduce the burden of his person who' is rendered destitute due to a calamity is permitted
loss. Such a type of transaction is allowed in some Islamic to ask for financial help, particularly from the administrative
schools of jurisprudence. If such a modification is effected, and authorities, until he is fully compensated or is able to stand on
if the company is free of usurious business, one may declare his own feet again. (See the hadith from Qubaisah on pp. 127
of this book in the section on "Work; and Earning a

174
Livelihood.") We also find the concept of insurance for the produce of his farm or garden. As we mentioned earlier, the
heirs of a deceased person in the Prophet's saying, I am nearer Ansar among the Companions of the Prophet (may Allah be
to each Muslim than his very self. If he leaves behind some pleased with them) were farmers.
property it is for his heirs, and if he leavesbehind a debt or a
family with young children, he leaves them to me and they are 3. Lending the Land to Others for Cultivation
my responsibility (Reported by al-Bukhari and Muslim.) If the land owner is unable to cultivate the land himself, he
meaning that they are the responsibility of the Islamic may lend it to another person who is able to cultivate it by
government. The greatest form of insurance which Islam has employing the latter's own equipment, helpers, seeds, and
legislated for its followers among those deserving to receive animals. In such a case the land owner is very desirable in
zakat funds relates' to the category of gharimeen (those in Islam. Abu Hurairah narrated that the Prophet (peace be on
debt). Some of the early interpreters of the word gharim say, "It him) said, "If anyone has land, he should cultivate it or lend it
denotes one whose house has burned down or whose property to his brother.'' (Reported by al-Bukhari and Muslim) Said
otrade has been destroyed by flood or other disasters." Some Jabir, "In the time of the Prophet (peace be on him) we used to
jurists hold that such a person may be given, from the zakat do planting on a piece of land and in return would get what
fund, an amount whicwould restore his previous financial remained in the ears after they were threshed. In this way, as
position, even though the amount may reach the Prophet (peace be on him) said, If anyone has land, he
should cultivate it or lend it to his brother for cultivation, or
thousands of dollars.
otherwise release it from his ownership. (Reported by Ahmad
The Use of Cultivable Land
and Muslim. "Lending it to his brother for cultivation" means
If the Muslim owns a piece of cultivable land, he must make
without receiving anything in return for it.)
use of it by planting crops or trees. It is not consonant with
Some early scholars, going by the apparent meaning of this
Islam that such lands not be used for cultivation, as this is
hadith, held the opinion that cultivable land can be used in one
tantamount to rejecting the bounty of Allah and wasting
of two ways: either the owner cultivates it himself or he lends it
wealth, which the Prophet (peace be on him) prohibited. In this
to someone else for cultivation, with no return for himself In
regard a number of options are available to the land owner:
the latter case, the piece of land remains the property of the
owner but the produce belongs to the one who cultivates it. In
1. Cultivating the Land Himself The first option available to
the opinion of Ibn 'Abbas, the Prophet's order to lend the
the landowner is that he himself cultivate the land. This is
cultivable land to others if one does not farm it himself was not
commendable, and the owner will be rewarded by Allah for
intended as command which must be obeyed but only as the
whatever men, beasts, and birds eat of the

175
recommendation of a laudable act. Al-Bukhari reported that them) continued this practice after the death of the Prophet
'Amr bin Dinar said, "I said to Taous (one of the closest himself (peace be on him) until the last one of them had died,
companions of Ibn 'Abbas), 'I wish you would leave off share- and so on. This practice cannot be considered to be abrogated
cropping since people claim that the Prophet (peace be on him) because an abrogation is valid only if it was implemented by
prohibited it.' Taous replied, 'The most knowledgeable among the Prophet himself (peace be on him)during his own lifetime.
them (that is, Ibn 'Abbas) informed me that the Prophet (peace Now, if he practiced a thing until his death, and thereafter his
be on him) did not prohibit it but said, "Lending it free to Your successors and all the Companions (may Allah be pleased with
brother is better than asking a fixed sum from him.'' (Reported them) acted on it and none of them opposed it, how then is
by al-Bukhari.) anyone else entitled to invalidate it? And if it was (actually)
abrogated during the lifetime of the Prophet (peace be on him),
4. Taking a Proportion of the Crop why then did he continue to practice it after abrogating it? And
The third alternative for the landowner is to let out his land to how was it possible that his closest Companions and successors
a person who will cultivate it, using the cultivator's own should remain ignorant of its abrogation while the story of
equipment, seeds, and animals on the condition that he is to get Khayber was circulating widely and they were (themselves)
a specified percentage, such as half, a third, or whatever is acting according to it? And where was the narrator of (the
agreed upon, of the total produce of the land; the owner may report on this abrogation, that none of them knew him or had
also make available to the cultivator his own seeds, equipment, heard about him? (AI-mughni by Ibn Qudadmah, vol. 5, p.
animals, or other help. Such an arrangement is termed share- 384.)
cropping. Al-Bukhari and Muslim report on the authority of
The Prohibited Form of Share-Cropping
Ibn 'Umar, Ibn 'Abbas and Jabir bin 'Abdullah that the Prophet
(peace be on him) gave the people of Khayber the land to work The Prophet (peace be on him) prohibited his Companions to
and cultivate, in return for which they were to get half of what practice another form of share-cropping which was quite
it produced. common at that time. The land owner would give out his land
In support of their position, scholars who consider share- conditional to his getting the produce of one part of it and the
cropping permissible say, It is established and well-known that cultivator the produce of the remaining part or perhaps half, or
the Prophet (peace be on him) practiced it until his death and to the owner's getting a specified weight or measure of the
that after him the rightly guided Caliphs practiced it until their grain produced and the cultivator the rest. But sometimes one
deaths, as likewise those who came after them. The wives of part of the land produced a crop while the other did not, so that
the prophet (may Allah be pleased with one of the two would receive nothing or

176
very little, while the other took everything. Similarly, if the lands?" The people replied, "We let them out for (the produce
total produce did not exceed the specified weight or measure, on the quarter of their area or for a measure of barley or dates."
the owner would get everything while the cultivator would get He said "Do not do that." What is meant here is that the land
nothing. Such a transaction clearly involves great uncertainty owner would take this fixed quantity as "overhead" and would
and risk, and is contrary to the spirit of justice. The Prophet also share in some proportion of the remainder, for example,
(peace be on him) saw that justice demands that both should the entire produce of the specified one-fourth of the area, plus
share the total produce, whether this total is much or little, one-half of the produce of the remaining three-fourths of the
according to the agreed-upon ratio. Proportions of the total area. We observe from this that the Prophet (peace be on him)
produce must be specified so that if the crop is bountiful, it is was eager to establish perfect justice in his society and to
bountiful for both; if it is meager it is meager for both, and if remove every source of conflict and discord from the
nothing is produced, neither of them receives anything. This is community of Believers.
the fair distribution for both parties. Zaid bin Thabit narrated that two people came to the Prophet
Al-Bukhari reported that Rafi' bin Khadij said, "We had the (peace be on him) disputing about some la, and he said, "If this
most agricultural land in Madinah, and one of us would rent is what happens among you, then do not let out your farms."
out his land, designating a part of it for himself. Sometimes a (Reported by Abu Daoud.) The landowner and the cultivator
calamity would hit that part while the rest of the land was safe, must therefore be mand generous to one another; the
and sometimes the other way around. Consequently, the landowner should not demand too high a share of the yield and
Prophet (peace be on him) prohibited us from doing so." the worker should take proper care of the land. Ibn 'Abbas said
Muslim reported Rafi' bin Khadij as saying, "People used to let that the Prophet (peace be on him) did not prohibit share-
out land in the time of the Prophet (peace be on him) in cropping but advised the owner and the cultivator to be
exchange for what they grew by the streamlets or at the borders considerate of each other. (Reported by al-Tirmidhi, who calls
of the fields, or for a fixed quantity of produce. Sometimes it it sound.)
would happen that the part so set aside was destroyed while the And when someone said to Taous, "O Abu 'Abdur Rahman,
other was safe and sometimes the opposite, and the people had why do you not give up share-cropping, since they claim that
no investments other than this. the Prophet (peace be on him) forbade it?" he replied, "I help
Hence the Prophet (peace be on him) forbade this practice. them (the cultivators) and provide for them." (Reported by Ibn
Again, Al-Bukhari reported from Rafi' bin Khadij that the Majah.) His concern was not simply that he should earn
Prophet (peace be on him) asked, "What do you do with your something from his land regardless of whether those who were
agricultural employed on it got something or suffered hunger; rather, he

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helped them and took care of them. That was the true Muslim practice share-cropping on a proportionate basis. The student
society. There may be a landowner who prefers to keep his of the legislative development of this problem comes across a
land idle, not planting any crops or fruit trees on it, rather than clear exposition by Ibn Hazm, who stated: When the
renting it to a farmer for a small proportion of the yield, since Prophet(peace be on him) arrived (in Madinah), the people
he may consider the return too little. With this in mind, the used to lease their farms, as is reported by Raf'i and others.
caliph 'Umar bin 'Abdul-Aziz issued a decree to all concerned This practice had undoubtedly been common among them
saying, "Let out your land for one-third, one-fourth, one-fifth before the time of the Prophet (peace be on him), and it
and up to one-tenth of the yield, but do not leave the land continued after he became the Messenger; it is not permissible
uncultivated." for any sane person to doubt this fact. Then, as is authentically
transmitted by Jabir, Abu Hurairah, Abu Sa'id, Zahir al-Badri,
5. Renting the Land for Money and Ibn 'Umar, the Prophet (peace be on him) totally prohibited
The fourth option available to the Muslim landowner is to lease the leasing of land, thus nullifying this practice; this is certainly
the land to the cultivator for a fixed amount of money, gold, or correct and there is no doubt concerning the matter.
silver. Some well-known jurists have declared this to be
permissible, while others consider it haram on the basis of He who asserts that what was nullified (i.e., the leasing of land)
sound ahadith of the Prophet (peace be on him) which prohibit has been restored and that the certainty of nullification is not
renting out land for money. Among the narrators of these established is a liar and denies the veracity of others saying
ahadith are two Companions who participated in the Battle of what he does not know. According to the Qur'an, making such
Badr, as well as Raf'i bin Khadij, Jabir, Abu Sa'id, Abu an assertion is haram unless one brings proof for it. And he can
Hurairah, and Ibn 'Umar; all of them report that the Prophet never find a proof for it except in the instance in which the land
(peace be on him) absolutely prohibited the renting of is let for a given proportion (such as one third or one-fourth) of
agricultural land for money. (See Al-muhallah, vol. 8, p. 212.) the total yield, as it is authentically reported that the Prophet
(peace be on him) did this with the people of Khayber after
Exempted from this prohibition is share-cropping for a prohibiting it for several years, and he continued to give them
specified proportion of the total yield, as is demonstrated by land on a share-cropping basis until his death. (AI-muhallah,
the Prophet's transaction with the people of Khayber. He turned vol. 8, p. 224.) A group of early jurists hold the same opinion.
land over to them to cultivate for one-half the total yield and Taous, the jurist of Yemen and one of the greatest of the
continued to do this until his death; after his death, the rightly second generation Muslim scholars, disliked renting land for
guided Caliphs continued to silver or gold but saw no harm in

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renting it for one-third or one-fourth of the yield. When gamble his effort and labor, not knowing whether he will gain
someone disputed with him, saying that the Prophet (peace be or lose.
on him) had prohibited this, he replied, "Mu'ad bin Jabal, the B. When the owner of an article lends it to another person and
governor of Yemen appointed by the Prophet (peace be on charges rent for the use of it, he is rightfully entitled to this rent
him), arrived here and gave out the land for one-third or one- in consideration of the fact that he prepared the article in
fourth (of its yield), and we continue this practice to this day." question for the renter's use; as the article becomes worn out by
Thus, in his opinion, renting land for gold or silver was usage and depreciates over time, the owner deserves
disapproved but share-cropping was permissible. compensation. But as far as land is concerned, in what way has
the owner made it ready for the lessee's use, since indeed, it is
Reasoning by Analogy Implies No Leasing for Money Allah and not the owner who makes the land ready for
Correct reasoning by analogy (qiyas) based on Islamic cultivation. Again, how does land become worn out or
principles and sound and clear texts leads to the conclusion that depreciate by cultivation, since land is not like buildings or
the leasing of cultivable land for money is haram: machinery which depreciate over a period of time or get worn
A. The Prophet (peace be on him) prohibited the leasing of out by being used?
land for a fixed amount of the yield such as one or two tons,
C. The person who rents a house lives in it, thus receiving an
and permitted share-cropping only on the basis of a proportion
immediate benefit, while the man who rents a piece of
such as one-half, one-third, or one-fourth -that is to say, on a
machinery uses it and thus derives an immediate benefit. But
percentage basis. Such a basis is just and equitable, as both
the man who rents a piece of land does not benefit from it at
partners share in the profit if the land is productive and in the
once, nor are his benefits assured. When he rents it he receives
loss if blight strikes the crop. However, if one party is
no direct benefit from it, as in the case of renting a house, but
guaranteed a profit while the other has to take the risk of
works hard, plowing and planting, in the hope of benefiting
ending up with nothing for his effort and toil, the whole
from it at a later date. His hope may be fulfilled or it may not;
transaction resembles gambling or a usurious contract. If we
consequently, any analogy between renting land and renting a
reflect on the matter of leasing land for money in this light,
house and the like is a false one.
what difference do we find between the last-mentioned practice
and the type of share-cropping which is prohibited? In both the D. In the two Sahihs of al-Bukhari and Muslim it is reported
owner of the land is guaranteed his share in the form of money that the Messenger of Allah (peace be on him) forbade the sale
regardless of what happens to the land, while the lessee must of fruits until

179
they were obviously in good condition and of ears of grain more akin to the justice of the Shari'ah and its principles,
until they were ripe and safe from blight. He gave the reason saying "Share-cropping is preferable to renting and closer to
for this prohibition by saying, "Tell me why, if Allah withholds justice and to the principles of the Shari'ah, since in this case
the fruit, any of you should take his brother's property." If this both parties share in the profit or loss, in contrast to leasing for
is the position relative to selling fruits which have appeared, rent, under which the land owner takes his rent, while the
but the safety of which is not assured, so that if they are ruined lessee may or may not receive the harvest. (From Ibn
by some calamity their sale would be nullified, how is it Taymiyyah's treatise, Al-hasbah fi al-Islam, p. 21.)
possible for a person to take money for the use of a piece of Another great thinker, Ibn al-Qayyim, commenting on the
cultivable land which has not yet been plowed or planted? Is it oppression perpetrated by the rulers and military personnel on
not more appropriate that he be told, "Tell me why, if Allah farmers during his time, says: Had the soldiers and the rulers
withholds the fruit, you should take your brother's property?" I relied on what Allah and His Messenger (peace be on him)
myself have witnessed how certain cotton fields were struck by have legislated and followed the practice of the Messenger
an infestation of caterpillars known as doodah until nothing (peace be on him) and of the rightly-guided Caliphs in their
was left of them except dry stalks. dealings with the farmers, Allah would have showered His
Ne, the owners of the land demanded the rent, and the lessees blessings on them from the sky and the earth; they would have
had no choice except to pay it, obliged by the conditions of the been given to eat from above their heads and from beneath
contracts which they had signed under grave necessity. Wthen their feet, and from that one-fourth of sharecropping would
is the equality and justice so eagerly sought by Islam? have received many times more than they receive by
Consequently, there is no denying the fact that justice cannot oppression and tyranny.
be achieved except through share-cropping on a proportionate But their ignorance and greed prevented them from doing
basis,_ according to which the gain or loss accrues to both anything but committing oppression and injustice, and thus
parties alike. Allah withheld His blessings and His provision from them. In
(Concerning this subject, refer to what has been said by Ibn addition to being deprived of Allah's blessing in this world,
Hazm in Al-muhallah vol. 8, Ibn Taymiyyah in Al-qawaid al- they will receive His punishment in the Hereafter. If it is asked,
nuraniyyah; Abul 'Ala Maududi in Milkiyyat al-ard fil-lslam; What is the legislation of Allah and His Messenger (peace be
and Professor Mahmoud Abu Sa'ud in his article, "Istighlal al- on him) and the practice of the Companions in this regard so
ard fil-Islam," published in Al-Muslimoon.) Although Shaikh that one may follow it' the reply is this: The equitable form of
al-Islam Ibn Taymiyyah considers the leasing of land to be share-cropping is that in which both the landowner and the
halal, he nevertheless remarks that share-cropping is cultivator are on equal footing,

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neither of them enjoying any of those privileges for which seed may be provided either by the worker alone or by both the
Allah has sent down no authority. These customs which they partners are entirely correct. Al-Bukhari in his Sahih mentions
(the soldiers and rulers) have introduced are ruining the that 'Umar ibn al-Khattab employed people with the stipulation
country, corrupting the people, and have kept away Allah's that if he ('Umar) provided the seed, his share would be half
help and blessings. Many of the rulers and soldiers are and if they brought the seed their share would be more than
consuming what is haram, and if the body is nourished by what half. (AI-turuq al-hikmiyyah fil-lslam by Ibn Qayyim, pp. 248-
is haram, the Fire is its fitting abode. Such equitable share- 250.) In all the reports-which have reached us from the time of
cropping was the practice of the Muslims during the time of the the Prophet (peace be on him) and his Companions, we find
Prophet (peace be on him) and during the time of the rightly- that the cultivator's share was never less than one-half, and in
guided Caliphs. some cases it was more. This division, according to which the
cultivator's share would not be less than half, as was allotted by
Such was the practice of the families and descendants of Abu
the Prophet (peace be on him) to the Jews of Khayber (Refer to
Bakr, 'Umar, 'Uthman, 'All and of the families of other
what is said by Ibn Hazm in Al-muhallah, vol. 8; Abul 'Ala
emigrants (muhajireen). Great Companions of the Prophet
Maududi in Milkiyyat al-arc fil-Islam, and Mahmoud Abu
(peace be on him) such as Ibn Mas'ood, Ubay bin K'ab, Zaid
Sa'ud in his article, "Istighlal al-ard fil-Islam," published in Al-
bin Thabit, and others expressed their opinions favorably
Muslimoon.), appeals to the mind, for it is not appropriate that
concerning it, and this was also the opinion of the jurists who
the share of the land, which is an inanimate thing, should be
rely on the hadith, such as Ahmad bin Hanbal, Ishaq bin
greater than the share of the human, the cultivator.
Rahawait, Muhammad ibn Isma'il al-Bukhari, Daoud bin 'All,
Muhammad bin Ishaq bin Khazimah, and Abu Bakr bin Nasr Partnership in Raising Animals
al-Maruzi. Other great Muslim scholars, such as al-Laith bin
Partnership in raising animals is quite common in Muslim
Sa'd, Ibn Abu Laila, Abu Yusuf, Muhammad bin al-Hasan and
countries, especially in villages. One of the partners puts up all
others, have all expressed the same opinion.
or a part of the price of the livestock and cattle, while the other
The Prophet (peace be on him) made an agreement with the partner raises them; the two then share the yield and the profits
people of Khayber that they would work the land for half of the of this joint venture. In order to form an opinion concerning
produce of fruit and crops, spending their own money for the this partnership, we should first look at its various forms:
preparation of the land and the seed. This agreement remained
1. In the first form of such a business, the partnership is entered
in effect during his lifetime and thereafter until 'Umar exiled
into for purely commercial purposes, for example, raising
them from Khayber. Accordingly, the scholars who say that the
calves for

181
beef or cows and water buffalo for milk production. It is authority of Abu Hurairah.) In this hadith theProphet (peace be
supposed here that one partner contributes the price of the on him) equated spending on feeding the animal with using it
animals and the other contributes the effort, that is to say, the for riding or milking. Accordingly, if this type of mortgage is
management and supervision; the expenses of feeding, allowed for people's mutual benefit, with the possibility that
watering, and the like are borne by the joint partnership and not the expenses of feeding may be more or less than the benefit
by one partner alone. After a sale is made, the feeding expenses derived from the animal by using it for riding or milking, we
are deducted from the proceeds before dividing up the profits see no harm in allowing a similar arrangement in the case of
in the agreed-upon proportions. It is not just that one partner partnerships in raising animals, as the needs of people are
alone be required to bear all the feeding expenses better served in this manner. This is my own deduction from
withoutreceiving any commensurate return, while the profits this hadith, and I hope it is correct. However, if the partnership
are divided between the two; this point is quite clear. is in raising young calves which cannot be used for work ofor
milk with the stipulation that the price is to be paid by one
2. The second form of such a business is the same as the first partner and the feeding expenses by the other, the rules of
except that the partner who manages the business also bears the Islam do not permit such an arrangement. The partner who
feeding expenses and in return benefits from the milk or makes bears the cost of feis the only loser, receiving no return in the
use of the animals in the field for plowing, irrigating, or form of work or milk, while the other partner has the clear
planting; this is the situation when large animals are involved. advantage. Such an arrangement is contrary to the justice
We see no harm in such a contract. Although one may not be which Islam seeks to establish in every transaction. However,
able to balance exactly the cost of feed with the benefits if the two partners share the cost of feeding and raising the
derived from milking or working the animal, so that there is an animal until it reaches the age of usefulness, such an
element of uncertainty about it, we still prefer to consider this arrangement is, in our view, halal.
arrangement halal. The element of risk is negligible, and there
are other examples of such contracts which are permitted by 3. Recreation and Play
the Shari'ah.
In the sound ahadith concerning mortgages, the Prophet (peace "A Time for This and a Time for That"
be on him) stated the permissibility of using an animal which is The Humanness of the Messenger of Allah
mortgaged for riding or milking, saying, "A mortgaged animal Relaxing the Mind
may be used for riding or milking by the person who bears the Permissible Sports
expenses of feeding it.'' (Reported by al-Bukhari on the -Foot Racing

182
-Wrestling worship, turning their backs on all the enjoyments of life and
-Archery the good things of the world, neither playing nor relaxing but
-Spear Play keeping their eyes and their minds fixed on the Hereafter and
-Horseback Riding its concerns, away from common life and its amusements. Let
-Hunting us listen to what this great Companion and scribe of the
Playing with Dice: Backgammon Prophet (peace be on him), Hanzalah al-Usaidi, has to say
Playing Chess about himself:
Singing and Music Abu Bakr met me and asked, 'How are you, Hanzalah?' I
Gambling, the Companion of Drinking replied, 'Hanzalah has become a hypocrite.' He said,
The Lottery, a Form of Gambling 'Subhanallah! What are you saying?' I replied, 'When we are
Movies with Allah's Messenger (peace be on him), he mentions the
Recreation and Play Fire and the Garden until it is as if we can see them. But when
Islam is a practical religion, it does not float in the stratosphere we leave the Prophet's company and play with our wives and
of imaginary ideals but remains with the human being on the children or busy ourselves with our properties, we forget
ground of realities and day-to-day concerns. It does not regard much.' Abu Bakr said, 'By Allah, I have experienced the same
people as angels but accepts them as mortals who eat food and thing.' He and I then went to visit the Messenger of Allah
walk in the marketplace. Islam does not require of Muslims (peace be on him), and I said, 'O Messenger of Allah, Hanzalah
that their speech should consist entirely of pious utterances, has become a hypocrite.'
that their silence should be a meditation, that they should listen He asked, 'And how is that?' I replied, 'O Messenger of Allah,
to nothing except the recitation of the Qur'an, nor that they when we are with you, you talk about the Fire and the Garden
should spend all their leisure time in the mosque. until it is as if we can see them. Then we go out and play with
Rather, it recognizes that Allah has created human beings with our wives and children and deal with our properties, and we
needs and desires, so that, as they need to eat and drink, they forget much.' The Messenger of Allah (peace be on him) then
also need to relax, and to enjoy themselves. "A Time for This said, 'By Him in Whose hand is my soul, if you were to
and a Time for That" Some of the Companions of the Prophet continue at the same level at which you were when with me
(peace be on him) attained great spiritual heights. They and in remembering Allah, the angels would shake hands with
believed that in order to remain at such a spiritual level they you when you are resting and when you walk about, but, O
should always be serious, engaged in constant Hanzalah, there is a time (for this) and a time (for that).' He
repeated this phrase three times. (Reported by Muslim.)

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The Humanness of the Messenger of Allah Following the Prophet's example, his noble and pure
The life-pattern of the Messenger of Allah (peace be on him) is Companions also enjoyed humor and laughter, play and sport,
a perfect example for every human being. When he was in which relaxed their bodies and minds and prepared them the
private he would worship his Lord with such intense devotion, better to travel on the long, arduous path of striving in the
standing for long hours in salat, that his feet would become cause of truth and justice. 'All bin Abu Talib said, "Minds get
swollen; in matters pertaining to truth or justice he did not care tired, as do bodies, so treat them with humor," and "Refresh
about anyone's opinion, seeking only the pleasure of Allah. But your minds from time to time, for a tired mind becomes blind."
in his living habits and dealings with people he was a human And Abu al-Darda said, "I entertain my heart with something
being, enjoying good things, participating in small talk, smiling trivial in order to make it stronger in the service of the truth."
and joking, yet never departing from the truth.
The Prophet (peace be on him) liked happiness and disliked Accordingly, there is no harm in the Muslim's entertaining
grief; he sought refuge with Allah from difficulties and himself in order to relax his mind or refreshing himself with
troubles which result in sorrow, supplicating, "O Allah, I seek some permissible sport or play with his friends. However, the
refuge in Thee from distress and grief" (Reported by Abu pursuit of pleasure should not become the goal of his life so
Daoud.) Concerning his sense of humor, it is reported that once that he devotes himself to it, forgetting hie religious
an old woman came to him, saying, "O Messenger of Allah, obligations. Nor should he joke about serious matters. It has
pray to Allah that He admit me to the Garden." The Prophet been aptly said, "Season your conversation with humor in the
(peace be on him) said, "O mother of such a person, no old same proportion as you season your food with salt." The
woman will enter the Garden." The woman broke down and Muslim is forbidden to joke and laugh about other people's
wept, supposing that she would not enter Paradise. values and honor.
The Prophet (peace be on him) then explained to her that no Allah Ta'ala says: O you who believe, let not some people
old woman would enter the Garden as an old woman, for Allah mock at other people; it may be that they are better than thee...
would restore her youth and admit her to the Garden as a young (49:11) Nor is it appropriate for the Muslim to tell jokes based
virgin. He then recited to her the verse, We created them as a on what is untrue in order to make people laugh. The Prophet
(new) creation, and made them virgins, lovers, friends. (56: 35- (peace be on him) warned against this, saying, "Woe to the one
37) (Reported by 'Abd bin Humaid and al-Tirmidhi.) who says something which is false in order to make people
laugh! Woe to him, woe to him!" (Reported by al-Tirmidhi.)
Relaxing the Mind
Permissible Sports

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There are many kinds of games and sports which the Prophet the Prophet (peace be on him) did not accept the bet and hence
(peace be on him) recommended to the Muslims as a source did not enforce its terms.) The Prophet (peace be on him) then
ofenjoyment and recreation which, at the same time, prepare threw him. The man said, "The same again." The Prophet
them for worship and other obligations. These sports, which (peace be on him) threw him again, and the man said, "The
require skill and determination, and which also involve same again." The Prophet (peace be on him) threw him a third
physical exercise and bodybuilding activity, are related to the time. The man then said, "What shall I tell my wife? One sheep
martial arts, training Muslims for the battlefields of jihad in the was eaten by the wolf, one ran away, but what about the third"
cause of Allah. Among them are the following: Then the Prophet (peace be on him) said, "We are not going to
defeat you and take something from you as well. Take your
Foot Racing sheep!" From these reports concerning the Prophet (peace be
The Companions of the Prophet (May Allah be pleased with on him), jurists have deduced the permissibility of foot racing,
them) used to race on foot and the Prophet (peace be on him) whether it be between men against each other or between men
encouraged them in this. It is reported that 'All was a fast and women who are their muharammat or wives. They have
runner. The Prophet (peace be on him) himself raced with his also concluded that foot racing, wrestling, and sports of this
wife 'Aishah in order to please her, to enjoy himself, and to set type do not compromise the dignity of scholarship, piety, or
an example for his Companions. 'Aishah said, I raced with the age.The Prophet (peace be on him) was more than fifty yearold
Prophet (peace be on him) and beat him in the race. Later, when he raced with 'Aishah.
when I had put on some weight, we raced again and he won.
Then he said, 'This cancels that (Reported by Ahmad and Abu Archery Among the permissible sports is competition in
Daoud.), referring to the previous occasion. archery or with other

Wrestling The Prophet (peace be on him) once wrestled with a weapons. The Prophet (peace be on him) once passed by a
man called Rukanah who was well-known for his strength, group of his Companions who were competing in archery. He
throwing him down more than once. (Reported by Abu encouraged them, saying, Shoot, and I am with you. (Reported
Daoud.) In another report of this incident, the Prophet (peace by al-Bukhari ) He realized that archery was not just a hobby or
be on him) started wrestling with him. As the fight was hard, a sport but, more importantly, constituted that kind of force
Rukanah said, "A sheep for a sheep." (This must have occurred which Allah has commanded to be mustered: And make ready
before the prohibition of gambling, or perhaps for them all thou art able of (armed) force....(8:60) The Prophet
(peace be on him) said, "The missiles (arrows) are the force,"

185
repeating it three times. (Reported by Muslim.) He also said, and Muslim from Abu Hurairah that while the Abyssinians
"Practice archery; that is good for you." (Reported by al-Bazzar were performing their show with spears in the presence of the
and by al-Tabarani on good authority.) However, the Prophet Prophet (peace be on him), 'Umar entered. He picked up some
(peace be on him) warned archers against using chickens and pebbles and started throwing them at them but the Prophet
the like as targets for practice, as the Arabs of jahiliyyah used (peace be on him) said, "Leave them alone, O 'Umar." This
to do. Once 'Abdullah bin 'Umar saw a group of peoples doing indulgence on the part of the Prophet (peace be on him) in
this and he told them, "The Prophet (peace be on him) cursed permitting and encouraging such a sport in his mosque was to
the one who takes anything possessing life as a target.'' demonstrate that the mosque serves both worldly and religious
(Reported by al-Bukhari and Muslim.) purposes.
He cursed such an individual because this sort of act involves Muslims congregate in the mosque not only to worship but also
the torturing and unnecessary killing of an animal, and a to play. However, this play is not to tee merely for fun but
human being has no right to have fun and sport at the expense should involve physical exercise and some sort of training.
of a living creature. For the same reason the Prophet (peace be Commenting on this hadith, scholars have said that the mosque
on him) forbade making animals fight each other. (Reported by is the center of the Muslim's community affairs, and any
Abu Daoud and al-Tirmidhi.) Some Arabs used to laugh and activity which combines benefits for religion and for the
find it amusing to see two rams or bulls fight each other until Muslims may be carried out in it. Muslims of the present time
one of them was gored to death. Scholars have said that the should note how devoid mosques today are of vitality and
prohibition of making animals fight recognizes that such a strength, often having become havens for the elderly and the
practice causes them unnecessary suffering merely for the fun lazy.
of it, without any benefit. The above incidents also provide an example of the Prophet's
concern for his wife's amusement and recreation. 'Aishah, his
Spear Play Spear play is similar to archery. The Prophet wife, said, "The Messenger of Allah (peace be on him) covered
(peace be on him) allowed some Abyssinians to display their me with his cloak while I watched the Abyssinians play in the
skill with spears in his mosque; he let his wife 'Aishah watch mosque. He then stood (in his place) for my sake until I was
their show and encouraged them by saying, "Carry on, O Bani the one who got tired, so estimate the time a young girl eager
Arfidah," (as the Abyssinians were known to among the for amusement would wait." (Reported by al-Bukhari and
Arabs). 'Umar, with his serious disposition, wanted to stop Muslim) She also said, "I used to play with dolls in the house
them but the Prophet (peace be on him) prevented him from it. of the Messenger of Allah (peace be on him) and my friends
It is reported in the two Sahibs of al-Bukhari would come over to play with me. They would hide when they

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saw the Messenger of Allah (peace be on him) approaching but condition that the winner is to take all, this is gambling and is
in fact he was very happy to see them with me, so we played consequently prohibited. The Prophet (peace be on him)
together." (Reported by al-Bukhari and Muslim) termed racing a horse on which bets are laid "the horse of
Satan" and considered the price of it, its fodder, and riding it as
Horseback Riding Allah Ta'ala says, And (He created) horses, sinful (Reported by Ahmad.), saying, Horses are of three kinds:
mules, and donkeys for you to ride and as adornment....(16:8) the horse of al-Rahman (the Most Merciful, i.e., Allah), the
and the Prophet (peace be on him) said, "There is blessing in horse of man, and the horse of Satan. As for the horse of the
the forelocks of horses." (Reported by Ahmad.) He also said, Most Merciful, it is dedicated to jihad in the cause of Allah, so
"Practice archery and horseback riding." (Reported by feeding it, cleaning its urine and dung, and everything related
Muslim.) And again, Any action without the remembrance of to it are counted as good deeds. As for the horse of Satan, it is
Allah is either a diversion or heedlessness excepting four acts: that on which people bet and gamble. As for the horse of man,
walking from target to target (during archery practice), training it is that which is for breeding, and it is a protection against
a horse, playing with one's family, and learning to swim. poverty. (Reported by al-Bukhari and Muslim.)
(Reported by al-Tabarani on good authority.) Said 'Umar,
Hunting Hunting is among the beneficial sports which are
"Teach your children swimming and archery, and tell them to
encouraged by Islam. It is a sport, an exercise, and also a
jump on the horse's back." Ibn 'Umar reported that the Prophet
means of livelihood, regardless of whether it is done with
(peace be on him) organized horse races and gave a prize to the
weapons or with hunting animals such as dogs and hawks. We
winner. (Reported by Ahmad.)
have already discussed the Islamic conditions and rules for
All this was done by the Prophet (peace be on him) to
hunting in an earlier chapter. However, Islam prohibits hunting
encourage competition in sports involving physical exercise
in two situations. The first is when a person is in the sacred
and discipline. Anas was asked,"Did you bet during the time of
state of consecration (ihram) for the performance of hajj or
the Prophet (peace be on him)? Did the Prophet (peace be on
'umrah, because this is a state of total peace in which one is not
him) bet?" "Yes," Anas replied. "By Allah, he bet on a horse
permitted to kill or shed blood, as commanded by Allah: O you
called Subhah. The horse won the race and the Prophet (peace
who believe, do not kill game while you are in ihram....
be on him) was very pleased about it.'' (Reported by Ahmad.)
(5:98(95) ...But to hunt on land is forbidden to you as long as
Betting on horses is permissible if the one who is paying the
you are in ihram.... (5:95-96) The second situation exists when
money is not one of the competitors or if it is paid by one of
a person is within the limits of the sacred territory of Makkah.
the competitors; however, if each person bets an amount on the
Islam has declared this to be a region of

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peace and security, a sanctuary for every living creature, interpreting the above ahadith to refer to those who played for
whether beast, bird, or plant, since the Prophet (peace be on money.
him) prohibited hunting its game, cutting its trees, or disturbing Playing Chess Chess is a very popular game, and the opinion
its airspace. (Reported by al-Bukhari and Muslim) of jurists concerning it varies. Some consider it halal, others
makruh, and still others haram. Those who consider it haram
Playing with Dice: Backgammon Any sort of game played cite some ahadith in support of their position, but researchers
with money which has an element of gambling is haram. The have proved that chess did not appear until after the death of
Qur'an classifies gambling in the same category as the Prophet (peace be on him), thus all such ahadith must have
drinking,idolatry, and divining with arrows. The Prophet been fabricated.
(peace be on him) said, "He who says to his friend, 'Come, let The Companions of the Prophet (May Allah be pleased with
us gamble,' must give charity (sadaqah)" (Reported by them) themselves held differing views about playing chess. Ibn
alBukhari and Muslim) meaning that merely to invite someone 'Umar said that it is worse than backgammon and 'All regarded
to gamble is a sin requiring penance. Playing backgammon it as gambling (perhaps meaning when it is played for money),
while betting with money is clearly haram Some scholars while some others merely expressed disapproval of it.
consider it haram even if no betting is involved, while others However, some Companions and some of the second
consider it makruh rather than haram. generation scholars allowed it. Among these were Ibn 'Abbas,
Those who consider it haram base their judgemeon the hadith Abu Hurairah, Ibn Sirin, Hisham bin 'Umrah, and Sa'id bin al-
transmitted by Baraidah in which the Prophet (peace be on Musayyib. We agree with these great jurists, since the original
him) said, "He who plays with dice is like the owho handles the principle is the permissibility of acts and no text is to be found
flesh and blood of swine." (Reported by Muslim, Ahmad and prohibiting it.
Abu Daoud.) The same scholars cite the hadith from Abu Musa
al-Ashari in which the Prophet (peace be on him) said, "He Moreover, in addition to being a game and a recreation, chess
who plays with dice disobeys Allah and His Messenger." is also a mental exercise which requires thought and planning.
(Reported by Ahmad, Abu Daoud, Ibn Majah, and Malik in his In this respect it is the opposite of backgammon, for while
Almuwatta.) These two sayings of the Prophet (peace be on backgammon is a game of chance and therefore comparable to
him) are clearly applicable to all players of backgammon, divining with arrows, chess is a game of skill and strategy
whether they gamble in playing or not. Al-Shawkani says that which may be compared to archery. However, playing chess is
Ibn Mughaffal and Ibn al-Musayyib allowed playing with dice permissible only if the following three conditions are met:
if it did not involve gambling, apparently 1. One should not get so absorbed in it that he delays his salat;

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chess is well-known to be a stealer of time. The Prophet (peace be on him) was present, listening to them
2. There should be no gambling involved. with his head under a shawl. Abu Bakr then entered and
3. The players should not utter obscenities or vulgarities. scolded the girls. The Prophet (peace be on him), uncovering
If any of these conditions are not met it should be considered as his face, told him, "Let them be, Abu Bakr. These are the days
haram. of 'Eid." (Reported by al-Bukhari and Muslim.) In his book,
Singing and Music Ihya ulum al-deen, (In the quarter on "Habits", in the book
Among the entertainments which may comfort the soul, please Listening to Singing.), Imam al-Ghazzali mentions the ahadith
the heart, and refresh the ear is singing. Islam permits singing about the singing girls, the Abyssinians playing with spears in
under the condition that it not be in any way obscene or the Prophet's Mosque, the Prophet's encouraging them by
harmful to Islamic morals. There is no harm in its being saying, "Carry on, O Bani Arfidah," his asking his wife,
accompanied by music which is not exciting. In order to create 'Aishah, "Would you like to watch?" and standing there with
an atmosphere of joy and happiness, singing is recommended her until she herself became tired and went away, and 'Aishah's
on festive occasions such as the days of 'Eid, weddings and playing with dolls with her friends. He then says: All these
wedding feasts, births, 'aqiqat (the celebration of the birth of a ahadith are reported by al-Bukhari and Muslim in the two
baby by the slaughter of sheep), and on the return of a traveler. Sahihs, and they clearly prove that singing and playing are not
'Aishah narrated that when a woman was married to an Ansari haram.
man, the Prophet (peace be on him) said, " 'Aishah, did they From them we may deduce the following: First: The
have any entertainment? The Ansar are fond of entertainment.'' permissibility of playing; the Abyssinians were in the habit of
(Reported by al-Bukhari.) dancing and playing. Second: Doing this in the mosque. Third:
Ibn 'Abbas said, " 'Aishah gave a girl relative of hers in The Prophet's saying, 'Carry on, O Bani Arfidah,' was a
marriage to a man of the Ansar. The Prophet (peace be on him) command and a request that they should play; then how can
came and asked, 'Did you send a singer along with her?' 'No,' their play be considered haram? Fourth: The Prophet (peace be
said 'Aishah. The Messenger of Allah (peace be on him) then on him) prevented Abu Bakr and 'Umar from interrupting and
said, The Ansar are a people who love poetry. You should have scolding the players and singers. He told Abu Bakr that 'Eid
sent along someone who would sing, 'Here we come, to you we was a joyous occasion and that singing was a means of
come, greet us as we greet you.' " (Reported by Ibn Majah.) enjoyment. Fifth: On both occasions he stayed for a long time
'Aishah narrated that during the days of Mina, on the day of with 'Aishah, letting her watch the show of the Abyssinians and
'Eid al-Adha, two girls were with her, singing and playing on a listening with her to the singing of the girls. This proves that it
hand drum. is far better to be

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good-humored in pleasing women and children with games people astray, he would be an unbeliever. It is this type of
than to express such disapproval of such amusements out of a behavior which is condemned by Allah and not the idle talk in
sense of harsh piety and asceticism. Sixth: The Prophet (peace which one may indulge for mere relaxation, without intending
be on him) himself encouraged 'Aishah by asking her, "Would to lead people astray from the path of Allah. Ibn Hazm also
you like to watch?" (Reported by al-Bukhari and Muslim.) refutes the argument of those who say that since singing is not
Seventh: The permissibility of singing and playing on the of "the truth" it must be of "error," referring to the verse, "And
drum... and what follows, to the end of al-Ghazzali's discussion what is beyond the truth except error?" (10:32) . He comments,
on singing. It is reported that many Companions of the Prophet The Messenger of Allah (peace be on him) said, 'Deeds will be
(may Allah be pleased with them) as well as second generation judged according to intentions, and everyone will get what he
Muslim scholars used to listen to singing and did not see intended.' (Reported by al-Bukhari and Muslim.) Accordingly,
anything wrong with it. the one who listens to singing with the intention of using it in
As for the ahadith which have been reported against singing, support of a sin is a sinner, and this holds true of anything other
they are all weak and have been shown by researchers to be than singing (as well), while one who listens to singing with
unsound. The jurist Abu Bakr al-'Arabi says, "No sound hadith the intention of refreshing his soul in order to gain strength to
is available concerning the prohibition of singing," while Ibn do his duty toward Allah Ta'ala and to dogood deeds, is a good
Hazm says, "All that is reported on this subject is false and and obedient servant of Allah, and his action is of the truth.
fabricated " However, since singing is in many cases associated And he who listens to singing intending neither obedience nor
with drinking parties and night clubs, many scholars have disobedience is doing something neutral and harmless, whicis
declared it to be haram or at least makruh. similar to going to the park and walking around, standing by a
They state that singing constitutes that kind of idle talk which window and looking at the sky, wearing blue or green cloths,
is mentioned in the ayah, And among the people is the one who and so on. However, there are some limitations to be observed
buys idle talk (at the expense of his soul) in order to lead in the matter of singing:
(people) astray from the path of Allah without knowledge, 1. The subject matter of songs should not be against the
holding it in mockery; for such there will be a humiliating teachings of Islam. For example, if the song is in praise of
punishment. (31:6) Says Ibn Hazm: This verse condemns a wine, and it invites people to drink, singing or listening to it is
particular behavior, that of doing something to mock the path haram.
of Allah. Anyone who does this is an unbeliever; if he even 2. Although the subject matter itself may not be against the
should buy a copy of the Qur'an, doing so in order to make it Islamic
the object of his mockery and thereby leading

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teachings, the manner of singing may render it haram; this and soul, carrying the heart of a monkey and the soul of a pig
would be the case, for example, if the singing were in their human bodies.
accompanied by suggestive sexual movement.
3. Islam fights against excess and extravagance in anything, Gambling, the Companion of Drinking
even in worship; how, then, can it tolerate excessive While permitting a variety of games and sports, Islam prohibits
involvement with entertainment? Too much time should not be any game which involves betting, that is, which has an element
wasted in such activities; after all, what is time but life itself? of gambling in it. We have already quoted the saying of the
One cannot dispute the fact that spending time in permissible Prophet, "He who says to his friend, 'Come, let us "gamble,'
activities consumes time which ought to be resaved for must give charity." It is not lawful for the Muslim to seek
carrying out religious obligations and doing good deeds. It is relaxation and recreation in gambling, nor is it lawful for him
aptly said, "There is no excess except at the expense of a to acquire money through it. There are sound and noble
neglected duty." objectives behind this strict prohibition of gambling:
4. Each individual is the best judge of himself. If a certain type 1. The Islamic teachings urge the Muslim to follow Allah's
of singing arouses one's passions, leads him towards sin, directives for earning a living, to use natural laws and direct
excites the animal instincts, and dulls spirituality, he must means for the attainment of his objectives, and to employ such
avoid it, thus closing the door to temptations. causes as produce the desired effects. Gambling, which
5. There is unanimous agreement that if singing is done in includes raffling or the lottery, on the other hand, makes a
conjunction with haram activities -for example, at a drinking person dependent on chance, "luck" and empty wishes, taking
party, or if it is mixed with obscenity and sin -it is haram. The him away from honest labor, serious work and productive
Prophet (peace be on him) warned of a severe punishment for effort. The person who depends on gambling loses respect for
people who sing or listen to singing in such a situation when he the laws of causation which Allah has established and
said, Some people of my ummah will drink wine, calling it by commanded people to use.
another name, while they listen to singers accompanied by 2. In Islam, an individual's property is sacred; it may not be
musical instruments. Allah will cause the earth to swallow taken from him except through lawful exchange or unless he
them and will turn some of them into monkeys and swine. gives it freely as a gift or in charity. Accordingly, taking it
(Reported by Ibn Majah.) This does not mean that they will be from him by gambling is unlawful.
physically transformed into the bodies and outward form of 3. It is therefore not surprising that gamblers develop hatred
monkeys and swine but rather in heart and enmity toward one another, although they may claim that
losing

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does not trouble them. There is always a winner and a loser. alcoholism than addiction to gambling? This is why one
The loser may seem composed but behind his composure is usually is not found without the other. Again, how correct the
frustration, anger, and regret: frustration due to disappointment, Qur'an is when it teaches us that both of these, drinking and
anger at the loss of money, and regret for not having played a gambling, are inspired by Satan, that they are akin to idolatry
winning game. and divining by arrows, and that they are filthy and abominable
4. Gambling has its own compulsion. The loser plays again in habits which must be shunned: O you who believe, truly
hope of winning the next game in order to regain his earlier intoxicants and gambling and divination by arrows are an
losses, while the winner plays again to enjoy the pleasure of abomination of Satan's doing; avoid them in order that you
winning, impelled by greed for more. Naturally, luck changes may be successful. Assuredly Satan desires to sow enmity and
hands, the loser becomes the winner and the winner the loser, hatred among you by means of intoxicants and gambling, and
and the joy of winning changes into the bitterness of loss. Thus to hinder you from the remembrance of Allah and from salat.
the gamblers may persist at playing the game, unable to bring Will you not then desist? (5:90-91)
themselves to leave it; this is the secret of the addiction to
gambling. The Lottery, a Form of Gambling
5. Because of this addiction, gambling is a danger to the What is known as the lottery or raffle is likewise a form of
society as well as to the individual. This habit consumes gambling. There should be no laxity or permissiveness toward
gamblers' time and energy, making them non-productive idlers it in the name of "charitable institutions" or "humanitarian
and parasites on society, who take but do not give, who causes." Those who consider it permissible in relation to such
consume but do not produce. Moreover, due to his absorption causes are similar to people who raise funds for the same
with gambling, the gambler neglects his obligations toward his causes by means of haram dances or "artistic" shows. To both
Creator and his duties toward his community. such groups we say, "Allah is pure and does not accept
It often happens that a gambling addict sells his honor, religion, anything except what is pure."
and country for the sake of the gaming table, since his devotion People who resort to such means of raising money assume that
to this table dulls his sense of values and kills all other members of society have become devoid of goodness of heart
devotions. How correct the Qur'an is in mentioning drinking and feelings of charity, compassion and mercy, as a result of
and gambling together in its verses, since their harmful effects which there is no other way of getting money from them except
on the individual, the family, and society are very similar. through gambling and sensuous entertainment. But Islam does
What is more like not assume this for its society. It believes in the basic goodness
of man and

192
appeals to that goodness, seeking nothing but pure means for Again, one of the most important reasons mentioned in the
noble causes. The Islamic means of raising money are to invite Qur'an for the prohibition of drinking and gambling is that they
toward righteousness, to appeal to human sympathy, and to keep people away from the remembrance of Allah and from
recall to peoples' minds the implications of the belief in Allah salat. Third: Physical intermingling and free mixing among
Subhanahu wa Ta'ala and the Hereafter. men and women in movie theatres must be avoided in order to
prevent sexual undertones and temptation, particularly because
Movies Many Muslims ask about Islam's stand concerning the showing a film requires a darkened hall. We have already
watching of movies, dramatic performances and the like. Is it mentioned the hadith, It is better for one of you to be pricked in
permissible or not? No doubt movies are important tools of the head with an iron pick than to touch a woman whom it is
instruction and recreation. Their situation is like that of any unlawful to touch. (Reported by al-Bayhaqi and al-Tabarani on
other tool which in it self is neutral and harmless, and any sound authority.)
ruling concerning it will depend on how it is used.
Consequently, movies may be regarded as permissible and 4. Social Relationships
good in fact, desirable -if the following conditions are met:
First: The content must be free of sin and immorality -indeed,
of anything which is against the Islamic beliefs, morals, and Social Relationships
manners. Portrayals which excite sexual desire or greed, glorify The Unlawfulness of Severing Ties with a Fellow Muslim
crime, or propagate deviant ideas, false beliefs, and the like are Settling Disputes
haram, and it is not permissible for the Muslim to watch or to "Let Not Some People Mock at Other People"
encourage them. "Do Not Slander"
Second: The watching of movies should not result in the "Do Not Revile by Nicknames"
neglect of religious obligations or worldly responsibilities. Suspicion
Thfive daily prayers constitute the foremost of the religious Spying
obligations; hence it is haram for the Muslim to miss any Backbiting
prayer -for example salat al-Maghrib -in order to watch a Spreading Gossip
movie. Allah Ta'ala says, Then woe to the worshiperswho are The Sacredness of Honor
neglectful of their prayers (107:4-5) referring to those who The Sacredness of Life
postpone a prayer until its time is past. "The Murderer and the Murdered Will Be in Hell"
The Sanctity of the Lives of Allies and Non-Muslim Residents

193
Capital Punishment not turn away (from doing this), those are wrongdoers. O you
Suicide who believe, avoid (indulging in) much suspicion; truly, some
The Sanctity of Property suspicion is a sin. And do not spy or backbite one another;
The Prohibition of Bribery would any of you like to eat the flesh of his dead brother? You
Gifts to Officials would abhor that. And be conscious of Allah; indeed, Allah is
Bribery to Redress a Wrong Wasteful Spending Relenting, Merciful. (49:1012) Here Allah proclaims that the
Believers are indeed brothers to one another united through the
Social Relationships brotherhood of Islam in addition to their brotherhood in
The relations among the members of the Islamic society are humanity. This brotherly relationship requires that they get to
based on two fundamental principles: first, awareness of the know each other and do not avoid each other, that they
strong bond of brotherhood which links one individual to establish ties and do not break them, that they love and do not
another, and second, the protection of the rights of the hate, that they be sincere and not superficial, and that they
individual and the sanctity of his life, honor, and property, as come together and do not separate from one another. And the
guaranteed by the Shari'ah of Islam. Any words, deed, or Prophet (peace be on him) says, Do not be envious of each
behavior which contravene or threaten these two principles is other, nor backbite nor hate one another, but become brothers
prohibited by Islam, the degree of prohibition depending on the in the service of Allah. (Reported by al-Bukhari and others.)
magnitude of material or moral injury which might result from
The Unlawfulness of Severing Ties with a Fellow Muslim
it.
In the following ayat we find some examples of those It is haram for the Muslim to shun a brother Muslim, to break
prohibited acts which are injurious to the brotherhood and ties with him, or to turn away from him. If two Muslims
sanctity of human beings. Allah Subhanahu wa Ta'ala says: quarrel with each other, they are allowed a cooling-off period
Verily, the Believers are brothers. Then set matters right of three days, after which they must seek out means of
between your brothers and be conscious of Allah in order that reconciliation and peace, overcoming their pride, anger and
you may obtain mercy. O you who believe, let not some people hatred. One of the characteristics of the believers praised in the
mock at other people, for they may be better than themselves, Qur'an is that they are "humble toward the Believers."
nor (let) women (mock) at women who may be better than (5:57(54. The Prophet (peace be on him) said, It is not
themselves. And do not slander yourselves, nor revile by permissible for a Muslim to keep apart from his brother for
(offensive) nicknames; evil is a name connoting wickedness more than three days. If three days pass, he should meet him
after believing; and whoever does and

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greet him, and if he replies to it, they will both have shared in requites others, but he is the one who joins such ties (even)
the reward, while if he does not reply, he will bear his sin while when they are severed by others. (Reported by al-Bukhari) This
the Muslim (who offered him the greeting) will have been applies as long as such shunning or boycotting is not for the
freed from the sin of keeping apart. (Reported by Abu Daoud.) sake of Allah, while if it is for the sake of Allah and in the
The prohibition of severing ties is even more emphatic in the cause of justice these injunctions do not apply. The strongest
case of blood relatives. Islam has made it obligatory upon bond among the believers is established through loving for the
Muslims to strengthen the ties of relationship (Literally, "the sake of Allah and hating for the sake of Allah. For fifty days
ties of the womb." (Trans., holding them sacred. the Prophet (peace be on him) and his Companions boycotted
three men who stayed behind from the Battle of Tabuk. This
Says Allah Ta'ala: And be conscious of Allah, in Whom you
boycott was so total that the three did not know what to do or
claim your rights of one another, and of the wombs (that bore
where to turn, and felt that the earth, in spite of its vastness had
you); indeed, Allah is Watcher over you. (4:1) Using
become a prison to them.
picturesque language, the Prophet (peace be on him)
emphasized the value of this relationship in the sight of Allah No one visited them, spoke to them, or greeted them. This
by The womb is tied to the Throne (of Allah) and it says, 'With boycott continued until Allah accepted their repentance and
him who keeps me united, Allah will keep connection, but with revealed to the Prophet (peace be on him) that He had
him who severs me, Allah will sever connection.' (Reported by pardoned them. (Reported by al-Bukhari and Muslim.) On
al-Bukhari and Muslim.) He also said, "One who cuts will not another occasion, the Prophet (peace be on him) stayed away
enter Paradise." (Reported by al-Bukhari.) from some of his wives for forty days. 'Abdullah bin 'Umar
boycotted one of his sons for the remainder of his life because
In explaining the meaning of this, some scholars say it means
his son did not abide by the hadith, narrated to him by his
one who cuts the ties of relationship," while others say that it
father, in which the Prophet (peace be on him) prohibited men
means "one who cuts the road," that is, the highway robber.
to prevent their women from going to the mosque. (Reported
The Prophet's ahadith imply that both pertain to the same
by Ahmad.
category. Joining the ties of relationship does not merely mean
returning a visit for a visit or one good turn for another, since Al-Suyuti wrote an article entitled, "Al-zajar lei al-hajar,"
this much is quite natural and to be expected; rather, it means ("Punishment by Boycott"), justifying it on the basis of several
to persist in friendly relations even with those relatives who ahadith and actions of the Prophet's companions.)
shun you. The Prophet (peace be on him) said, The one who Estrangement and enmity between Muslims must never be for
joins the ties of relationship is not the one who merely any worldly reason, for in the sight of Allah and the Muslim,

195
the whole world is of such little value that it is not worth emotionally involved with one side or the other. Allah Ta'ala
abandoning and breaking the relationship with a brother says, Verily, the Believers are brothers.Then set matters right
Muslim. How can it be otherwise, when the penalty of such between your brothers and be conscious of Allah in order that
rancor is the deprivation of the forgiveness and mercy of Allah you may obtain mercy. (49:10) The Prophet (peace be on him),
Subhanahu wa Ta'ala? The Prophet (peace be on him) said: explaining the merit of such mediation and the danger of
The gates of the Garden are opened on Mondays and conflict and hostility, said, 'Shall I not inform you of something
Thursdays, and Allah forgives every person who does not more excellent in degree than fasting, charity and salat?' On
associate anything with Allah excepting a man between whom receiving the reply, 'Certainly,' he said, 'It is puthings right
and his brother there is enmity. betpeople, for to incite people to dispute is like a razor. And I
do not mean that is shaves off the hair but that is shears the
Thrice the command will be given: 'Leave the two of them
religion. (Reported by al-Tirmidhi and others.)
until they are reconciled.' (Reported by Muslim) It should
suffice for the aggrieved person that his brother come to him "Let Not Some People Mock at Other People" In verses 49:10-
and apologize; he must then accept the apology and be 12, Allah has prescribed a number of things related to the
reconciled. It is haram for him to rebuff his brother by not preservation of brotherhood and what this implies with regard
accepting his apology. The Prophet (peace be on him) warned to what is to be held sacred among human beings. The first
against this by saying that the one who does so will not meet among these is the prohibition of mocking, deriding, and
him, the Prophet, at the Fountain in Paradise on the Day of scoffing at others. The Believer who fears Allah and hopes to
Resurrection. (Reported by al-Tabarani.) attain the Garden in the Hereafter will not scoff at any
individual nor make people the object of his jokes, scorn,
Settling Disputes
sarcasm or mockery, because this is nothing but pride,
While it is incumbent upon the disputants to settle their arrogance, and contempt for others, as well as ignorance of the
differences in a brotherly fashion, the Muslim community also scale by which Allah measures goodness. Says Allah
has a responsibility in this regard. As the Muslim society is Subhanahu wa Ta'ala:
based upon mutual caring and cooperation, it cannot stand
Let not some people mock at other people, for they may be
passively by watching its members disputing and quarreling,
better than themselves, nor (let) women (mock) at women who
permitting the conflict to grow larger. It is the responsibility of
may better than themselves. (49:11) In the scale of Allah,
those who command respect and authority in the community to
goodness is measured by faith, sincerity, and the quality of the
come forward in order to set things right, with absolute
relationship with Allah Ta'ala, not by physical
impartiality and without allowing themselves to become

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appearance, wealth, or power. Said the Prophet (peace be on " Here it is used to mean finding
him). Allah does not look at your physical features or your faults, as the person who finds faults in others is doing
wealth, but He looks at your hearts and your deeds. (Reported something similar to piercing them with a sword or stabbing
by Muslim.) How, then, can it be permissible for a person to them with a dagger -and perhaps the wound inflicted by the
laugh at someone's physical handicap, deformity, or poverty? It tongue is more lasting. A poet has said, The wounds of blades
is reported that 'Abdullah bin Mas'ood had thin, weak legs. may heal one day, But the wounds of the tongue? They never
Once, upon seeing his leg uncovered, some people laughed, may. The form of prohibition expressed in this verse is very
whereupon the Prophet (peace be on him) said, Are you subtle, saying, "Do not slander yourselves," that is, one
laughing at the frailty of his legs? By Him in Whose hand is another. For the Qur'an regards the community of Muslims as
my soul, in the scale of Allah they are weightier than Mount one body in its mutual concerns and responsibilities, so that
Uhud. (Reported by al-Tiyalisi and Ahmad.) whoever slanders his brother in effect slanders himself.
The Qur'an speaks of how the criminal idolaters used to laugh
at the faithful Muslims, especially at the weak and oppressed "Do Not Revile by Nicknames"
ones like Bilal and 'Ammar, and how the tables will be turned One form of slandering is calling others by derogatory
on the Day of Reckoning, when the mockers will become the nicknames of the sort which highlight some defect and are used
mocked: Verily,the criminals used to laugh at those who to mock and deride a person. A Muslim should not call his
believed and wink at one another when they passed them, and brother by a name which is offensive to him, thereby causing
when they returned to their families they would return joking him pain and thus trampling on the feelings of Islamic
(about them). And when they saw them they would say, 'Surely brotherliness.
these people are astray.' But they had not been sent as watchers
over them. Suspicion
Then on this day those who believe will laugh at the Islam aims at establishing its society on clearness of
disbelievers. (83:29-34) Although it has already been implied conscience and mutual trust, not on doubts, suspicions,
in the first part of the verse 49:11, nevertheless this ayah goes accusations and mistrust. Hence this ayah mentions the fourth
on to state explicitly that women should not mock at other prohibition by which what is to be held sacred among people is
women. This emphasis is due to the fact that mocking at others safeguarded: O you who believe, avoid (indulging in) much
is quite common among women. suspicion; truly some suspicion is a sin. (49:12) The kind of
"Do Not Slander" The second of these prohibitions is against suspicion which is a sin is the ascribing of evil motives, and it
lamz, which literally means "piercing and stabbing. is not permissible for a Muslim to impute such motives to his

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brother Muslim without justification and clear evidence. the Messenger of Allah (peace be on him) say, If one conceals
Because the basic assumption concerning people is that they the private affairs (of others), it is like reviving a girl who has
are innocent, a mere suspicion should not be allowed to result been buried alive from her grave. (Reported by Abu Daoud' al-
in the accusation of an innocent person. Regarding this the Nisai, Ibn Hibban in his Sahih, and al-Hakim. The wording is
Prophet (peace be on him) said, "Avoid suspicion, for airing from Ibn Hibban.) The Prophet (peace be on him) classified
suspicion is the most lying form of speech." (Reported by al- those who search out other peoples' faults as being among the
Bukhari and others.) Human weakness is such that no one is hypocrites, who proclaim their belief with their tongues while
free of suspicion and wrong thoughts especially concerning their hearts do not confirm what they say. He denounced such
those with whom relationships are not good. However, one people publicly.
must not give in to such thoughts nor go beyond thoughts to Ibn 'Umar narrated, "Allah's Messenger (peace be on him)
action, as stated in the hadith, "If you have a suspicion, do not mounted the pulpit and called out in a loud voice, O you who
pursue it." (Reported by al-Tabarani.) declare Islam with your tongues but whose hearts have not
been reached by faith, do not annoy the Muslims nor seek out
Spying Inwardly, mistrust of others produces evil thoughts in their faults, for he who seeks out the faults of his brother
the mind while outwardly it leads a person toward spying. But Muslim will have his faults sought out by Allah, and when
Islam establishes its society on the purity of both what is inner Allah seeks out someone's faults, He exposes them, even
and what is outer. Therefore, just as spying follows suspicion, though he should be in the interior of his house. (Reported by
the prohibition of spying comes immediately after that of al-Tirmidhi, and Ibn Majah has reported something similar.) In
suspicion. Prying into other peoples' private affairs and spying order to safeguard peoples' privacy, the Prophet (peace be on
on their secrets is not permitted, even if they are engaged in him) strictly forbade that anyone should look into other
sin, as long as they do it privately and not openly. peoples' houses without their permission and absolved the
Abu Haitham, the scribe of 'Uqbah bin 'Amir, a Companion of residents for any injury they might inflict upon one who so
the Prophet (peace be on him) narrated, "I said to 'Uqbah bin looks.
'Amir, 'Some of our neighbors drink wine, and I am going to He said, If someone peeps into the house of a people without
call the police and have them arrested.' He said, 'Do not do so, their permission, it becomes allowable to them to gouge out his
but advise them and warn them.' I said, 'I told them to stop it eye. (Reported by al-Bukhari and Muslim.) Likewise, he
but they do not listen to me. I am therefore going to inform the prohibited listening clandestinely to peoples' conversation
police and have them arrested.' 'Uqbah then said, 'Woe to you! without their knowledge or approval, saying, Hewho listens
Do not do that, for I heard clandestinely to peoples' conversation against their wishes will

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have molten lead poured into his ears on the Day of of backbiting to his Companions through questions and
Resurrection. (Reported by al-Bukhari and Muslim.) Allah answers. He asked them, 'Do you know what backbiting is?'
Subhanahu wa Ta'ala has made it obligatory on the person who They replied, 'Allah and His Messenger know best'. He said, 'It
wants to visit someone at his home not to enter the house until is saying something about your brother which he would
permission is given and he has greeted its inhabitants: O you dislike'. Someone asked 'What if I say something about my
who believe, do not enter houses other than your own until you brother which is true?' The Prophet (peace be on him) replied,
have asked permission and offered salam (greeting) to its 'If what you say of him is true, it is backbiting and if it is not
people; that is best for you in order that you may be heedful. true you have slandered him.' (Reported by Muslim, Abu
And if you do not find anyone therein, do not enter until Daoud al-Tirmidhi, and al-Nisai.)
permission is given to you. And if you are to, 'Withdraw,' then When a person dislikes someone, he is likely to find faults in
do 60; that is purer for y; and Allah knows what you do. (24: his appearance, behavior, lineage, and anything else which
27-28) pertains to him. 'Aishah narrated that she said to the Prophet
Said the Prophet (peace be on him), He who pulls the curtain (peace be on him), "Do you see that Safiyyah (another wife of
and l looks into a house before he is granted permission to E the Prophet) is such and such?" meaning that she was short.
enter has committed an offense. (Reported by Ahmad and al- The Prophet (peace be on him) replied, "You have spoken a
Tirmidhi.) The texts prohibiting spying and searching out word such that, if it were mixed in the water of the ocean, it
people' faults apply equally to the government and to would darken it." (Reported by Abu Daoud, al-Tirmidhi, and
individuals. Mu'awiyah reported the Prophet (peace be on him) al-Bayheqi.) Backbiting is nothing but a desire to belittle
as saying, " If you seek out peoples' faults, you will corrupt people, to slander their honor, and to deride their
them, or bring them very near to corruption" (Reported by Abu accomplishments in their absence.
Daoud and by Ibn Hibban in his Sahih.) and Abu Imamah Since this is stabbing in the back, it is an expression of
reported that the Prophet (peace be on him) said, The ruler narrow-mindedness and cowardice. Backbiting is a negative
whosows suspicion among the people corrupts them. (Reported trait, and only those engage in it who themselves are not
by Abu Daoud.) achievers. It is a tool of destruction, for one who is addicted to
it leaves no one without throwing a dart at him and wounding
Backbiting The sixth evil prohibited in the verses cited above him. It is no wonder then, that the Qur'an paints such a
is backbiting (gheeba): And do not...backbite one another. repulsive picture of this vile habit as would make people shrink
(49:12) The Prophet (peace be on him) wanted to drive home from it in horror:And do not...backbite one anther; would any
the meaning of you like to eat the

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flesh of his dead brother? You would abhor that. (49:12) Since one who has been wronged; and Allah is Hearing, Knowing.
one feels sick at the very thought of eating human flesh, how (4:148) If someone wants to investigate the character or
much more revolting it is to think of eating the flesh of one's suitability of a person with whom he wants to enter into
dead brother! Whenever an opportunity arose, the Prophet partnership, who has asked for his daughter in marriage, or
(peace be on him) stressed this Qur'anic imagery in order to who is seeking employment with him, it is permissible for
imprint it on peoples' hearts and minds. Ibn Mas'ood narrated, those who have been asked to give their frank and honest
"We were sitting with the Prophet (peace be on him). Then a opinion. Here there is a conflict between two obligations: one,
man got up and left. Whereupon another person spoke ill of to give good advice to the person who seeks the information,
him. The Prophet (peace be on him) told him, 'Pick your teeth.' and two, to protect the honor of the person about whom the
The man replied, 'Why? I haven't eaten any meat.' The Prophet opinion is sought.
(peace be on him) replied, 'You have eaten your brother's But the first obligation takes precedence over the second, as it
flesh.' " (Reported by al-Tabarani on sound authority.) is more important and more sacred. Fatimah bint Qais asked
Jabir narrated, "While we were with the Prophet (peace be on the Prophet (peace be on him) about two men who had asked
him) the wind brought a foul odor in our direction, whereupon for her hand in marriage. The Prophet (peace be on him) told
the Prophet (peace be on him) said, 'Do you know what this her about one of them, "He is good for nothing and has no
odor is? It is the odor of those who backbite the Believers.' " property," and about the other, "He does not put his stick down
(Reported by Ahmad on reliable authority.) All these textual from his shoulder," meaning that he frequently beat the women
quotations demonstrate the sanctity and dignity which is of his household.
accorded to one in Islam. It is also permissible to speak about a person without his
However, scholars have listed some exceptions, necessarily knowledge if a legal opinion or religious ruling is required
limited to certain circumstances, when concerning him or if help is needed to combat some evil he
talking about a person in his absence is permitted. Among may be causing, or to refer to him by a name, title, or
these exceptions is the instance of a person who has been characteristic which he dislikes but without which he cannot be
wronged and who complains about the wrongdoer. While he identified, as for example, "the lame person" or "the person
must then speak about what the other dislikes, it is his right to with one eye." Likewise, cross-questioning a witness or
do so in order to secure justice; consequently, he is given criticizing the reporters of ahadith and news is permissible.
permission to describe the wrong he has suffered. Allah Ta'ala (See al-Ghazzali's discussion of the uses and abuses of speech
says: Allah does not like the announcing of evil in public in his Ihya; al-Nawawi's Commentary on the Sahih of Muslim;
speech except by and al-Shawkani's treatise on what is permissible and what

200
is prohibited in talking behind the backs of others.) The general be (his) due from Allah to set him free from the Fire. (Reported
rule concerning the permissibility of speaking about someone by Ahmad on good authority.) And again, If anyone defends
in his absence is governed by two considerations: (1) the need his brother's honor in this world, Allah will shield his face from
and (2) the intention. the Fire on the Day of Resurrection. (Reported by al Tirmidhi
1. When there is no compelling need to mention the third on sound authority.) If a person does not have the courage to
person in a manner in whicl1 he would dislike, one must speak out in defense of his brother against malicious tongues,
refrain from violating the sanctity of his personality and honor. the least he can do is to withdraw from such company until
If there is a need to mention him but the need can be met by an they turn to some other topic otherwise, the verse, "Truly, you
indirect reference, one must not be explicit. If a general would then be like them" (4:140) would apply to him.
discussion is sufficient, the mentioning of specific persons
Spreading Gossip
must be avoided. For example, in seeking a juristic opinion,
one can phrase the question as, "What would your opinion be if Another bad , which usually accompanies backbiting and is
someone did such and such a thing?" rather than, "This person strictly prohibited by Isla, is gossiping. This means passing on
is doing such and such. What do you think about it?" Again, if to others what you hear from someone in such a manner that
one must identify the person, he must mention only what is will cause dissension among people, sour their relationships, or
true, since ascribing anything false to him is haram. increase already-existing bitterness between them. From the
very early Makkah period of revelation, the Qur'an condemned
2. In anyevent, the intention is the decisive factor. The speaker this trait saying, And do not obey any despicable man, ready
knows his own motives better than anyone else -whether it with oaths, a slanderer, going among the people with
constitutes a genuine complaint against wrongdoing or mere calumnies. (68: 10-11)
spite, an inquiry concerning an issue or a slander, a scholarly
And the Prophet (peace be on him) said, "The one who spreads
criticism or envious backbiting, 9. piece of good advice or the
gossip which he has overheard will not enter the Garden"
spreading of a rumor. It is said in this connection that the
(Reported by al-Bukhari and Muslim.) and, The most evil
Believer is a sterner judge of himself than a tyrannical ruler or
among Allah's slaves are those who go about spreading gossip
a greedy partner could be. Islam has decreed 1hat the listener is
dividing those who love each other and desiring to defame
the partner of the one who is absent, and he must defend his
those who are innocent. (Reported by Ahmad.) In order to
absent brother by repudiating the slander being spoke!,. The
foster peace and reconciliation, Islam permits a mediator to
Prophet (peace, be on him) said, If anyone defends his brother
conceal the bad words said by one person against another and
who is slandered in his absence, it will

201
permits him to add some good words which, in fact, neither of sacred. Once, while looking at the Ka'aba, 'Abdullah bin Umar
them remarked, "How great and sacred you are! But the sanctity of
the Believer is greater than yours" -and the sanctity of the
has said. This is not considered to be lying, for the Prophet
Muslim includes the sanctity of his life, his honor, and his
(peace be on him) said, "He is not a liar who makes peace
property. During the Farewell Pilgrimage the Prophet (peace be
between two persons, saying what is good or adding something
on him) addressed the assembly of Muslims, saying, Your
good." (Reported by al-Bukhari and Muslim.) Islam's anger is
lives, your honor, and your property are as sacred to each other
particularly directed against those people who, as soon as they
as the sacredness of this your day, in this your month, and in
hear something bad, hasten to recount it for the sake of
this your city. (Reported by Muslim.)
currying favor or merely out of love of causing trouble and
dissension. Indeed, many such people are not satisfied to Islam safeguards the sanctity of a person's honor against
simply repeat what they have heard but add to it or invent backbiting even if what is said about him is true. How much
something of their own. As a poet has said, If they hear a good more abhorrent it is, then, if what is said is false and baseless;
word they hide it, And if a bad word they shout it, And if this is a sheer wrong and a great sin. The Prophet (peace be on
nothing is heard they make up a lie. him) said, If anyone says something about a person which is
A man came to 'Umar bin 'Abd al-'Aziz and told him not true in order to defame him, Allah will confine him in the
something about another person which the latter would have fire of Hell until it extinguishes his utterance. (Reported by al-
disliked being mentioned. Thereupon 'Umar said to him, "Let Tabarani) 'Aishah reported that the Prophet (peace be on him)
us examine your case: If you are lying, you are one of those said to his Companions, 'Do you know what the worst form of
who is mentioned in the ayah, 'If a wicked person brings you usury is in the sight of Allah?'
some news, investigate it' (49:6) and if you are telling the truth,
They said, 'Allah and His Messenger know best' The Prophet
you are one of those mentioned in the ayah, 'A slanderer, going
(peace be on him) replied, 'The worst form of usury is the
among the people with calumnies.' (68:11) But if you wish we
violation of the personal honor of a Muslim.' He then recited,
may forgive you." The man replied, Please forgive me, O
'Those who harm believing men and believing women
Ameer al-Mu'mineen (Leader of the Believers). I shall never
undeservedly have laid upon themselves a calumny and a
do it again.
manifest sin.' (33:58) (Reported by Ibn Abu Hatim, Ibn
Murdawai and al-Bayhaqi.) The vilest kind of attack on
The Sacredness of Honor
personal honor is that of accusing a virtuous believing woman
We have noted that the Islamic teachings safeguard human
of immorality. Such an accusation not only ruins her reputation
dignity and honor, regarding them, in fact, as inviolable and

202
and that of her family, destroying her future, but also And for the one who kills a Believer intentionally, his
broadcasts scandals within the Muslim society. This is why the recompense is Hell, to abide therein; and the wrath of Allah is
Prophet Muhammad (peace be on him) listed it among the upon him and His curse, and a tremendous punishment has
seven most heinous sins and the Qur'an threatened its been prepared for him. (4:93) The Prophet (peace be on him)
perpetrators with dire punishments: T hose who accuse said, "The passing away of the world would mean less to Allah
chastebut careless (or indiscreet) believing women shall be than the murder of a Muslim man." (Reported by Muslim, al-
accursed in this world and in the Hereafter, and theirs will be a Nisai, and al-Tirmidhi.) He also said, "A Believer remains
grievous punishment on the Day when their tongues, their within the scope of his religion as long as he does not kill
hands, and their feet will bear witness against them concerning anyone unlawfully. (Reported by al-Bukhari.)
what they did. And again, Allah may forgive every sin except in the case of
one who dies a mushrik or one who kills a Believer
On that Day Allah will pay them in full their just due, and they
intentionally. (Reported by Abu Daoud, Ibn Hibban, and al-
will show that Allah is indeed the manifest Truth. (24:23-25)
Hakim.) On the basis of these verses and ahadith, Ibn 'Abbas
Indeed, these who love that a scandal should be spread
deduced that the repentance of the murder will not be accepted
concerning those who believe will have a painful punishment
by Allah. For, he argued, since in the case of an offense against
in this world and in the Hereafter, and Allah knows and you do
another individual, the wrongdoer's repentance is not accepted
not know. (24:19)
unless the wrong done to others is righted or their satisfaction
The Sacredness of Life secured, the question is how, in the case of murder, one can
Islam has made human life sacred and has safeguarded its restore the murdered person to life or secure his satisfaction.
preservation. According to its teachings, aggression against
human life is the second greatest sin in the sight of Allah, Others say that sincere repentance is accepted by Allah; if it
second only to denial of Him. The Qur'an declares, .. If anyone erases even the greatest sin, that of shirk or ascribing partners
kills a person for any reason other than for (the killing of) a to Allah, why not lesser sins? Allah Ta'ala says: ...Those who
person or for sowing corruption in the land, it will be as if he do not invoke, together with Allah, any other deity, nor take the
had killed the whole of mankind....(5:32 ) Because the human life which Allah has made sacred except in (the course of)
race constitutes a single family, an offense against one of its justice, nor commit zina. And whoever does that shall pay the
members is in fact an offense against the whole of humanity. price (of his sin). The punishment shall be doubled for him on
The crime is more serious if the slain is a believer in Allah. the Day of Resurrection and he will abide in it in disgrace,
except for him who repents and believes and does righteous

203
deeds. As for them, Allah will change their evil deeds to good or by word, will be the recipient of Allah's punishment in
deeds, and Allah is Forgiving, Merciful. (25:68-70) "The proportion to his share in it; even a person who happened to be
Murderer and the Murdered Will Be in Hell" The Prophet at the scene of the murder will receive a share of the sin. A
(peace be on him) considered a Muslim's fighting another hadith states, None of you should remain in a place where a
Muslim to be a door to unbelief and a deed pertaining to pre- man is being killed unjustly, for the curse (of Allah) descends
Islamic jahiliyyah, during which people used to wage wars and on anyone who was present and did not defend him. (Reported
shed blood over a camel or a horse. He said, " Insulting the by al-Tabarani and by al-Bayhaqi on good authority.) The
Muslim is wickedness and fighting him is unbelief." (Reported Sanctity of the Lives of Allies and Non-Muslim Residents
by al-Bukhari and Muslim.) Thus far we have quoted those texts which warn Muslims
"Do not become unbelievers after I pass away, killing one against killing or fighting fellow Muslims.
another." (Reported by al-Bukhari and Muslim.) He further But let no one get the impression that the life of a non-Muslim
said, 'When two Muslims draw weapons against each other, is not safe in a Muslim society, for Allah has declared the life
they are at the brink of Hell. If one of them kills the other, they of every human being to be sacred, and He has safeguarded it.
both enter it together.' Someone asked, 'O Messenger of Allah, This applies as long as the non-Muslim does not fight against
this one wthe murderer, but what was the fault of the the Muslims; if he does so, shedding blood is permissible.
murdered?' He replied, ' He was eager to kill the oth.'
(Reported by al-Bukhari and Muslim.) Because of this the However, if the non-Muslim is of a people with whom there is
Prophet (peace be on him) forbade any act which might lead to a treaty or if he is a dhimmi (a non-Muslim resident of an
murder or to a fight, even pointing a weapon, saying, None of Islamic state), his life is sacred, and it is unlawful for the
you should point a weapon at his brother. Perhaps Satan may Muslim to attack him. In this regard the Prophet (peace be on
make his hand slip and then he will fall into the pit of Fire. him) has said, Anyone who kills a person from among the
(Reported by al-Bukhari.) people with whom there is a treaty will not smell the fragrance
He also said, If anyone points a piece of iron at his brother, the of the Garden, although its fragrance reaches to a walking
angels curse him until he stops doing it, even if he is his real distance of forty years. (Reported by al-Bukhari and others.)
brother. (Reported by Muslim.) He even went so far as to say, "Anyone who kills a dhimmi will not smell the fragrance of the
"It is not permissible for the Muslim to frighten his brother." Garden." (Reported by al-Nisai.)
(Reported by Abu Daoud as well as by al-Tabarani on reliable
authority.) The sin of murder is not limited to the murderer Capital Punishment
alone. Each individual who participated in this crime, by deed,

204
Allah Subhanahu wa Ta'ala says, ...Do not take the life which three crimes only, saying, The shedding of the blood of a
Allah has made sacred except in (the course of) justice.... Muslim is not lawful except for one of three reasons: a life for
(6:151) Allah has mentioned three crimes for which the death a life, a married person who commits zina, and one who turns
penalty is justified: aside from his religion and abandons the community.
1. Unjust murder. Murder which has been proved demands (Reported by al-Bukhari and Muslim) In any of these instances,
retaliation by taking the life of the murderer -a life for a life, a the death penalty can be implemented only by the proper
like return for an evil committed, as the initiator of the killing authority after due process of law prescribed by the Shari'ah;
is the initiator of the wrongdoing. As the Qur'an states, In the individuals cannot take the law into their own hands, becoming
law of qisas (retaliation) there is life for you, O people of judges and executioners, since this would result in absolute
understanding....(2:179) chaos and disorder. However, the judge may turn the murderer
2. Publicly committing zina with a person who is not one's over to the victim's next-of-kin to be executed in his presence
spouse if at least four upright people have actually witnessed so that their hearts may be eased and the desire for revenge
intercourse taking place and testified before the court that they extinguished. This is in obedience to the saying of Allah Ta'ala,
saw it. The ...And whoever is killed wrongfully, We have given authority
death penalty applies to either of the two who is married. to the heir; but let him not go to excess in killing (by way of
Confession, repeated four times before the court by the retaliation), for indeed he will be helped. (17:33)
adulterer or adulteress, is equivalent to the testimony of four
witnesses. Suicide
3. Apostasy from Islam after willingly accepting it and Whatever applies to the crime of murder likewise applies to
subsequently declaring an open revolt against it in such a committing suicide. Whoever takes his life by any means
manner which threatens the solidarity of the Muslim whatsoever has unjustly taken a life which Allah has made
community is a crime punishable by death. No one is sacred. For since he did not create himself, nor even so much
compelled to accept Islam, but at the same time no one is as a single cell of his body, the life of an individual does not
permitted to play tricks with it, as some Jews did during the belong to him; it is a trust given to him by Allah Subhanahu wa
Prophet's time: A party of the People of the Book say, ' Believe Ta'ala. He is not allowed to diminish it, let alone to harm or
in what has been revealed to the Believers' at the beginning of destroy it. Allah Ta'ala says: ...Do not kill yourselves; indeed,
the day and reject it at the end of it, in order that they may turn Allah is merciful to you. (4:29) The Islamic teachings require
back (from Islam). (3:72) The Prophet (peace be on him) the Muslim to be resolute in facing
limited capital punishment to these

205
hardships; he is not permitted to give up and to run away from forever in the fire of Hell. (Reported by al-Bukhari and
the vicissitudes of life when a tragedy befalls or some of his Muslim.)
hopes are dashed. Indeed, the believer is created for striving,
not for sitting idle; for combat, not for escape. His faith and The Sanctity of Property
character do not permit him to run away from the battlefield of The Muslim is permitted to acquire wealth, as much as he
life, and he possesses a weapon which never fails and desires, as long as he acquires it through lawful means and
ammunition which is never exhausted: the weapon of his increases it through lawful investments. While in another
unshakable faith and the ammunition of his moral religion it is said, "It is easier for a camel to pass through the
steadfastness. eye of a needle than for a rich man to enter the kingdom of
The Prophet (peace be on him) warned that anyone who God" (The author refers here to a quotation that the New
commits the crime of suicide will be deprived of the mercy of Testament attributes to Jesus (pbuh). This does not imply that
Allah and will not enter the Garden; he will deserve Allah's there is sufficient evidence that he actually said it. According
wrath and be cast into the Fire. The Prophet (peace be on him) to the Qur'an there has been only one true, authentic faith, Al-
said, 'In the time before you, a man was wounded. His wounds Islam.
troubled him so much that he took a knife and cut his wrist and Islam means the attainment of peace through conscientious and
bled himself to death. Thereupon Allah said, 'My slave hurried loving submission to the Will and Guidance of Allah. This was
in the matter of his life.' therefore, he is deprived of the the mission of all Prophets and Messengers in human history. It
Garden.' (Reported by al-Bukhari and Muslim.) is the same fundamental faith which was revealed to Moses,
If a person is deprived of the Garden because he cannot bear Jesus, and Muhammad (peace be upon them). The original
the pain of his wounds and so kills himself, what about the one revelations givento Moses and Jesus are no longer available in
who takes his life because he has suffered a loss, whether great their complete, original and unadulterated form. The Qur'an is
or small in his business, has failed an examination, or has been the only revelation which was meticulously preserved in it's
rejected by a woman. Let those people who are weak of will complete, original, and unadulterated form.
pay careful attention to the following hadith. He who throws As such, it is to be used as the criterion to judge the
himself down from a rock and commits suicide will be authenticity of the present forms of previous revelations.), in
throwing himself into the fire of Hell; he who drinks poison Islam it is said, "What an excellent thing is lawfully earned
and kills himself will have the poison in his hand, drinking it wealth in the hands of a good man." (Reported by Ahmad.)
forever in the fire of Hell and he who kills himself with a Since the Islamic Shari'ah sanctions the right to personal
weapon will have that weapon in his hand, stabbing himself property, it protects it, both by means of moral exhortation and

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legislation, from robbery, theft, and fraud. The Prophet (peace and the takers of the bribe. Allah Ta'ala says: And do not
tee on him) mentioned the sanctity of property in the same consume your property among yourselves wrongfully, nor seek
sentence with the sanctity of life and honor and considered access to judges by means of it in order that you may sinfully
stealing as contradictory to faith, saying, "A thief is not a consume a portion of peoples' wealth, while you know (what
Believer while he is engaged in stealing." (Reported by al- you do). (2:188) The Prophet (peace be on him) said, "Allah's
Bukhari and Muslim) Says Allah Ta'ala: As for the male and curse is on the one who offers the bribe and on the judge who
female thief, cut off their hands, a recompense for what they accepts it." (Reported by Ahmad, al-Tirmidhi, and Ibn Hibban
earned, punishment from Allah; and Allah is Mighty, Wise. in his Sahih.) Thawban said, The Messenger of Allah (peace be
(5:38) on him) cursed the one who offers the bribe, the one who
And the Prophet (peace be on him) said, "It is haram for the receives it, and the one who arranges it. (Reported by Ahmad
Muslim to take (so much as) a stick without the consent of its and al-Hakim.) If the recipient of the bribe accepts it in order to
owner" (Reported by Ibn Hibban in his Sahih.) thus do injustice, his sin is the greater, while if he intended to do
emphasizing what Allah has prohibited to the Muslim in justice, it was his simple duty for which no payment was
respect of other peoples' property. Allah the Great and Glorious needed. The Prophet (peace be on him) sent 'Abdullah bin
says: O you who believe, do not consume your property among Rawahah to the Jews to estimate what they owed as taxes on
yourselves wrongfully, but let there be trade by mutual their palm trees. The Jews offered him some money as a gift.
consent....(4:29) He told them, "What you have offered as a bribe is haram and
we do not accept it." (Reported by Malik) It is not surprising
The Prohibition of Bribery that Islam has prohibited bribery and that it is severe against all
Taking a bribe is one way of consuming someone else's wealth those who participate in it. The proliferation of bribery in a
wrongfully. A bribe refers to any kind of property which is society leads to corruption and oppression: unjust decisions are
offered to a judge or public servant in order to obtain a decision made and just ones are blocked, undeserving persons are given
in favor of oneself or against a rival, to expedite one's own chances and deserving ones are passed over, and the spirit of
affair, or to delay that of one's competition, and so on. Islam greed permeates the society in place of the spirit of dutifulness.
has prohibited the Muslim to approach the officials of a
government or their subordinates for the purpose of offering Gifts to Officials
them a bribe; it has prohibited the latter to accept it; and it has The intention of the Islamic Shari'ah is to prohibit bribery in
prohibited that any third person should arrange matters any shape or form. Thus, referring to a bribe as a "gift" does
between the givers not transfer it from the realm of the haram to that of the halal.

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A hadith states, When we (the Prophet) appoint a person to a sitting in his mother's house, he may accept the gift offered to
position, we take care of his provision. If he takes anything him. If, on the other hand, this gift is offered to him because of
beyond that, it is an illegal gain. (Reported by Abu Daoud.) his position of authority, he must not accept it. If he finds it
Caliph 'Umar bin 'Abd al-'Aziz was given a gift which he difficult to decide, concerning gifts from his friends, whether
refused. On being told that the Prophet (peace be on him) had they would still have given them to him if he were not in that
accepted gifts, he said, "To him it was a gift, but to us it is a position, it is a doubtful situation and it is preferable to avoid
bribe." accepting them. (Ihya 'ulum al-deen, the book of "Al-halal wa
The Prophet (peace be on him) sent a man to collect zakat from al-haram," in the section entitled "Al-adat" (Customs), p. 137.)
the Azd tribe. On returning to the Prophet (peace be on him) he
kept something for himself, telling the Prophet (peace be on Bribery to Redress a Wrong
him), "That is for you and this is for me as a gift." Thereupon If someone finds himself in a situation in which all avenues of
the Prophet (peace be on him) became angry and said, If what redressing a wrong done him, or recovering a right which has
you say is right, would these gifts have reached you if you had been forfeited, are blocked except through the payment of a
remained in your father's or your mother's house? He then bribe, it is preferable that he wait patiently until Allah opens to
continued, Why should a person employed by me say, 'That is him a better way of redressing the wrong or recovering his
for you and this is for me as a gift?' Did gifts reach him while rights. Still, should he resort to bribery, the sin of it will not be
he lived in his mother's house? By Him in Whose hand is my on him provided he has tried all other lawful avenues and that
soul, no one takes something wrongfully without Allah's in so doing he regains his own rights without infringing upon
making him carry it on the Day of Resurrection. the rights of others; in such a case the burden of the sin will fall
entirely on the recipient of the bribe.
So let none of you come on the day of Resurrection carrying a
Some scholars have deduced this from ahadith reporting that
braying camel, a mooing cow, or a bleating goat (which he
the Prophet (peace be on him) gave charity to some people who
received in this manner). He then raised his hands high in
were persistent in begging although, in fact, they did not
supplication and said, O Allah, have I conveyed the message?
deserve to receive charity. 'Umar reported that the Prophet
(Reported by al-Bukhari and Muslim.) Said Imam al-Ghazzali,
(peace be on him) said, ' One of you takes charity from me and
In view of these admonitions, the judge or the governor or
carries it away under his arm, and it is (Hell)-fire for him.'
anyone in a position of authority should imagine himself sitting
'Umar asked, 'O Messenger of Allah, how can you give it to
in his father's or mother's house. If he thinks that even after
him, knowing that it is fire for him?' The
leaving the job he will still have received this gift while

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Prophet (peace be on him) replied, 'What am I to do? They ask prohibited them from greed and miserliness. Allah Ta'ala says:
from me persistently, and Allah has forbidden me to be closed- O children of Adam, wear your beautiful apparel at every place
handed.' (Reported by Abu Y'ala on good authority; Ahmad of worship, and eat and drink but do not be wasteful; indeed,
reported something similar on sound authority.) If when the He does not like the wasteful. (7:31) Wasting wealth means to
pressure of insistent begging induced the Prophet (peace be on spend it, in large or small amounts, on what Allah has
him) to give a beggar what he knew to be Hell-fire for him, prohibited, for example, alcoholic beverages, drugs, gold and
what can we say about the pressure of the need to defend silver utensils, and the like, or to squander it on things which
oneself against injustice or to regain one's right? are of no benefit either to oneself or others, since the Prophet
(peace be on him) prohibited the squandering of wealth.
Wasteful Spending (Reported by al-Bukhari.)
Just as the wealth of others is sacred and any violation of it, Giving away so much in charity that one has nothing left for
whether secret or open, is prohibited, in like manner a person's the necessities of life also constitutes wasting of wealth. In
own wealth is sacred with respect to himself; he should not explaining the ayah, ...They ask thee what they should spend
waste it by extravagant spending, scattering it to the right and (in charity). Say (Spend) what is beyond your needs....(2:219)
left. This is because the Muslim ummah, which constitutes an Imam al-Razi comments, Allah Ta'ala taught people how to
owner in addition to every other owner, has a right to the spend their wealth. He told His Prophet (peace be on him),
wealth of individuals. For this reason Islam has given the 'Give to the relative his right, and to the needy and the
ummah the right to manage the properties of the weak-minded wayfarer, but do not squander (your wealth) wantonly; truly,
who squander their wealth. the squanderers are brothers of the evil ones.' (17:26)
The Qur'an says, Do not give your wealth, which Allah has He also says, 'Let not thy hand be tied to thy neck (in
made a means of supfor you, to the weak-minded, but feed and miserliness), nor extend it to its utmost reach,' (17:29) and He
clothe them from it and speak to them words of kindness. (4:5) said, 'And those who, when they spend, are neither extravagant
In this ayah Allah Subhanahu wa 'ala refers to the wealth of the nor miserly.' (25:67) The Prophet (peace be on him) said, 'If
weak-minded as "your wealth," since the wealth of the one of you has something to spend, he should start with
individual is also the wealth of the ummah. Islam is the religion himself, then with those whom he supports, and so on.
of justice and moderation, and the ummah of Islam is the (Reported by Muslim.) He also said, 'The best charity is that
"middle nation." The Muslim must be just in all his affairs. which leaves you self-sufficient.' (Reported by al-Tabarani on
This is why Allah has prohibited to the Believers wastefulness good authority.) Jabir bin 'Abdullah narrated, 'Once when we
and extravagant spending, as He has likewise were with the

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Messenger of Allah (peace be on him), a man came with a 5. Social Relationships
lump of gold as large as an egg and said, "O Messenger of Special Consideration for the People of the Book Non-Muslim
Allah, take it as charity; by Allah, this is all I possess." The Residents of an Islamic State Meaning of Friendship with Non-
Prophet (peace be on him) turned away from him. The man Muslims Seeking Help From Non-Muslims The Extension of
came around in front of the Prophet (peace be on him), Islam's Universal Mercy to Animals Social Relationships The
whereupon the Prophet (peace be on him) said angrily, "Give it relations among the members of the Islamic society are based
to me," and taking the piece of gold from him threw it toward on two fundamental principles: first, awareness of the strong
him in such a way that, had it hit him, it would have been bond of brotherhood which links one individual to another, and
painful to him. He then said, "One of you brings me his wealth second, the protection of the rights of the individual and the
while he possesses nothing else, and then he sits down and sanctity of his life, honor, and property, as guaranteed by the
begs from people. Shari'ah of Islam.
Any words, deed, or behavior which contravene or threaten
Charity is that which leaves you self-sufficient. Take this back;
these two principles is prohibited by Islam, the degree of
we have no need of it." ' (Reported by Abu Daoud and al
prohibition depending on the magnitude of material or moral
Hakim) It was reported the Prophet (peace be on him) used to
injury which might result from it. In the following ayat we find
store food for his family sufficient for one year. (Reported by
some examples of those prohibited acts which are injurious to
al-Bukhari.) Men of wisdom have said, 'The optimum course is
the brotherhood and sanctity of human beings. Allah
between the two extremes. Spending much is squandering,
Subhanahu wa Ta'ala says: Verily, the Believers are brothers.
while spending little is greed, and moderation is best.' This is
Then set matters right between your brothers and be conscious
the meaning of the words of Allah, ' Say: (Spend) What is
of Allah in order that you may obtain mercy. O you who
beyond your needs,' (2:219) and moderation is the foundation
believe, let not some people mock at other people, for they may
of the Shari'ah brought by Muhammad (peace be on him). The
be better than themselves, nor (let) women (mock) at women
foundation of the Jewish law is extreme harshness and that of
who may be better than themselves.
Christian law extreme laxity, while the Shari'ah of Muhammad
And do not slander yourselves, nor revile by (offensive)
(peace be on him) is in the middle of all such matters. That is
nicknames; evil is a name connoting wickedness after
why it is the most perfect of all systems of law. (Tafsir by al-
believing; and whoever does not turn away (from doing this),
Fakhr al-Deen al-Razi, vol. 6, p. 51, with some condensation.)
those are wrongdoers. O you who believe, avoid (indulging in)
much suspicion; truly, some suspicion is a sin. And do not spy
or backbite one another; would any of you like to eat the flesh

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of his dead brother? You would abhor that. And be conscious enjoined on Noah, and that which We have revealed to thee
of Allah; indeed, Allah is Relenting, Merciful. (49:1012) Here (Muhammad) and that which We enjoined on Abraham,
Allah proclaims that the Believers are indeed brothers to one Moses, and Jesus: that you should establish the faith and make
another united through the brotherhood of Islam in addition to no division in it.... (42:13) Muslims are required to believe in
their brotherhood in humanity. This brotherly relationship all the Books revealed by Allah and in all the prophets sent by
requires that they get to know each other and do not avoid each Him; otherwise they are not Believers. Say: We (Muslims)
other, that they establish ties and do not break them, that they believe in Allah and in what He has revealed to us, and in what
love and do not hate, that they be sincere and not superficial, He revealed to Abraham and Ishmael and Isaac and Jacob and
and that they come together and do not separate from one the tribes (of Israel), and in what was given to Moses and
another. And the Prophet (peace be on him) says, Do not be Jesus, and in what was given to (all) the prophets by their Lord.
envious of each other, nor backbite nor hate one another, but We make no distinction between any of them, and to Him do
become brothers in the service of Allah. (Reported by al- we submit. (2:136)
Bukhari and others.) Consequently, if the People of the Book read the Qur'an, they
will find in it praise for their Books, messengers, and prophets.
Special Consideration for the People of the Book If Muslims hold discussions with the People of the Book, they
While Islam does not prohibit Muslims to be kind and should avoid such approaches as cause bitterness or arouse
generous to peoples of other religions, even if they are idolaters hostility: And do not dispute with the People of the Book
and polytheists, as for example, the polytheists of Arabia, except by (the way) which is best, unless it be with such of
concerning whom the above verses were revealed, it looks them as transgress, and say, 'We believe in what has been sent
upon the People of the Book, that is, Jews and Christians, with down to us and sent down to you, and our God and your God is
special regard, whether they reside in a Muslim society or one, and to Him do we submit.' (29:46)
outside it. The Qur'an never addresses them without saying, "O
We have already seen how Islam permits eating with the
People of the Book" or "O You who have been given the
People of the Book, sharing the meat they slaughter, and
Book," indicating that they were originally people of a revealed
marrying their women, marriage being a relationship of mutual
religion. For this reason these exists a relationship of mercy
love and mercy. As Allah Ta'ala says: ...The food of those who
and spiritual kinship between them and the Muslims, all having
were given the Scripture (before you) is permitted to you and
in common the principles of the one true religion sent by Allah
your food is permitted to them. And (lawful to you in marriage
through his prophets (peace be on them all): He has ordained
are) chaste women from among the Believers and chaste
for (the Muslims) the same religion which He
women from among those who were given the Scripture before

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you.... (5:5) This relates to the People of the Book in general. anyone who oppresses a person from among the People of the
However, Christians in particular have been given special Covenant, or infringes on his right, or puts a responsibility on
status by the Qur'an and are considered much closer to the him which is beyond his strength, or takes something from him
hearts of the Believers. ... and indeed you will definitely find against his will.(Reported by Abu Daoud.) The successors of
the nearest of them in affection to the ones who have believed the Prophet, the caliphs, safeguarded these rights and sanctities
are the ones who say, 'we are Nasara'. That is because among of non-Muslim citizens, and the jurists of Islam, in spite of the
them are priests and monks and they do not wax proud. (5:82) variation of their opinions regarding many other matters, are
unanimous in emphasizing these rights and sanctities. Says the
Non-Muslim Residents of an Islamic State
Maliki jurist, Shaha al-Deen al-Qarafi: The covenant of
The above injunctions include all People of the Book wherever
protection imposes upon us certain obligations toward the ahl
they may be. However, those people who live under the
aldhimmah. They are our neighbors, under our shelter and
protection of an Islamic government enjoy special privileges.
protection upon the guarantee of Allah, His Messenger (peace
They are referred to as "the Protected People" (ahl al-dhimmah
be on him), and the religion of Islam.
or dhimmies), meaning that Allah, His Messenger (peace be on
Whoever violates these obligations against any one of them by
him), and the community of Muslims have made a covenant
so much as an abusive word, by slandering his reputation, or by
with them that they may live in safety and security under the
doing him some injury or assisting in it, has breached the
Islamic government. In modern terminology, dhimmies are
guarantee of Allah, His Messenger (peace be on him), and the
"citizens" of the Islamic state.
religion of Islam. (From the book, Al-furuq, by al-Qarafi.) And
From the earliest period of Islam to the present day, Muslims
the Zahiri jurist, Ibn Hazm, says: If one is a dhimmi, and the
are in unanimous agreement that they enjoy the same rights and
enemy comes with his force to take him, it is our obligation to
carry the same responsibilities as Muslims themselves, while
fight the enemy with soldiers and weapons and to give our
being free to practice their own faiths. The Prophet (peace be
lives for him, thus honoring the guarantee of Allah and His
on him) emphasized the duties of Muslims toward dhimmies,
Messenger (peace be on him). To hand him over to the enemy
threatening anyone who violates them with the wrath and
would mean to dishonothis guarantee. (From the book, Maratib
punishment of Allah. He said, "He who hurts a dhimmi hurts
al-ijma', by Ibn Hazm.)
me, and he who hurts me annoys Allah." (Reported by al-
Tabarani in Al-awsat on good authority.) Whoever hurts a
Meaning of Friendship with Non-Muslims
dhimmi, I am his adversary, and I shall be an adversary to him
A question which troubles some people and which is
on the Day of Resurrection. (Reported by al-Khatib on good
sometimes
authority.) On the Day of Resurrection I shall dispute with

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discussed openly is the following: How can we show kindness, Accordingly, it is not permissible for the Muslim to support or
affection, and good treatment to non-Muslims since Allah assist them -that is, to be their ally -nor to entrust them with
Ta'ala Himself prohibits Muslims to take non-believers as secrets at the expense of his own religion and community. This
friends, allies, and supporters in such verses as the following: point is explained in other verses, in which Allah Ta'ala says:
O you who believe, do not take the Jews and Christians as They will spare nothing to ruin you; they yearn for what makes
friends; they are the friends (only) of each other. And whoever you suffer. Hatred has been expressed by their mouths, but
among you turns to them (for friendship) is certainly one of what their hearts conceal is still greater. Thus have We made
them; indeed, Allah does not guide the people who do wrong. clear to you the revelations (or signs), if you possess
Yet thou seest those in whose hearts is a disease racing toward understanding. Ah! You love them, but they do not love you....
them...(5:51-52) (3:118-119) This ayah throws light on the character of such
The answer to this is that these verses are not unconditional, to people, who conceal great enmity and hatred against the
be applied to every Jew, Christian, or non-Muslim. Interpreting Muslims in their hearts and whose tongues express some of the
them in this manner contradicts the injunctions of the Qur'an effects of such hostility.
which enjoin affection and kindness to the good and peace- Allah Ta'ala also says, Thou wilt not find a people who believe
loving peoples of every religion, as well as the verses which in Allah and the Last Day loving those who oppose Allah and
permit marriage to the women of the People of the Book, with His Messenger, even though they may be their fathers or their
all that Allah says concerning marriage "and He has put love sons or their brothers or their kin....(58:22) Opposition to Allah
and mercy between you" (30:21) -and the verse concerning the is not simply belief but includes hostility toward Islam and
Christians: ...And thou wilt find those who say, 'Surely we are Muslims. Allah also says, O you who believe, do not take My
Christians.' to be nearest to them (the Muslims) in affection.... enemy and your enemy as friends, offering them affection,
(5:82) (The terms Christian and Christianity do not appear in even though they have disbelieved in what has come to you of
the Christian scriptures nor can they be attributed to Jesus the truth, driving out the Messenger and yourselves because
(pbuh) himself. you believe in Allah, your Lord....(60:1)
The followers of Jesus were known as Nasara (helpers) and this This verse was revealed in connection with the pagans of
is the word used in the Arabic text of the Qur'an; the name Makkah, who declared war on Allah and His Messenger (peace
"Christian" was originally used by those who held the be on him), driving the Muslims out of their homes simply
followers in contempt.) The verses cited above were revealed because they said, "Our Lord is Allah." With this type of
in connection with those people who were hostile to Islam and people, friendship and alliance cannot be permitted. Yet in
made war upon the Muslims. spite of this, the Qur'an did not dismiss

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the hope that some day there might be a reconciliation; it did who take the unbelievers as friends instead of the Believers
not declare utter disappointment in them but encouraged the seek honor among them? For indeed all honor belongs to Allah
Muslims to entertain the hope of better circumstances and alone. (4:138-139)
improved relationships, for in the same surah Allah says: It
may be that Allah will bring about affection between you and Seeking Help From Non-Muslims
those who are your enemies from among them. And Allah is There is no harm done if Muslims, at either the private or
All-Powerful, and Allah is Forgiving, Merciful. (60:7) This governmental level, seek help from non-Muslims in technical
Qur'anic statement gives the assurance that this bitter hostility matters which have no connection with the religion -for
and deep hatred will pass way, as it is also stated in the example, in medicine, industry, or agriculture. At the same
hadith,"Hate your enemy mildly; he may become your friend time it is of course extremely desirable that Muslims become
one day." (Reported by al-Tirmidhi . self-sufficient in all such fields. We see from the life of the
Prophet (peace be on him) that he employed 'Abdullah bin
Al-Bayheqi reported it in Shi'ab al-iman from Abu Hurairah. 'Uraiqit, a polytheist, to be his guide on his flight (hijrah) from
Al-Suyuti called it "good," transmitting the first part as "Love Makkah to Madinah.
your friend mildly; he may become your enemy one day.") The Scholars have concluded from this that a person's unbelief
prohibition against befriending the enemies of Islam is even does not mean that he is basically untrustworthy, for what
more emphatic when they are stronger than the Muslims, could be more risky than depending on a guide to show the
crushing hopes and generating fear in the minds of people. In route, particularly in fleeing from Makkah to Madinah? Going
such a situation, only hypocrites and those in whose hearts considerably beyond this, scholars say that it is permissible for
there is a disease hasten to befriend them, giving them help the leader of the Muslims to seek help from non-Muslims,
today in order to benefit from them tomorrow. especially the People of the Book, in military matters, and to
Allah Ta'ala describes this situation as follows: Yet thou seest give them an equal share of spoils with the Muslims. Al-Zuhri
those in whose hearts is a disease racing toward them (the reported that the Messenger of Allah (peace be on him) sought
enemies of Islam), saying, 'We are afraid that a change of help from some of the Jews in a war and gave them a share of
fortune may befall us.' But it may be that Allah will give (thee) the spoils and that Safwan bin Umayyah fought on the side of
the victory or some decision from Himself, and then they will the Prophet (peace be on him) while still an idolater. (Reported
become regretful for what they thought secretly within by Sa'id in his Sunan.) The condition for seeking help from a
themselves. (5:52) And again, Give to the hypocrites the non-Muslim is that he be trusted by the Muslims; otherwise,
tidings that they will have a grievous punishment. Do those help may not be sought from him. Since it is prohibited to seek

214
help from unreliable Muslims, such as those who spread had made kindness to animals a part of its faith and cruelty to
rumors and anxieties, this is the more true in the case of non- them a sufficient reason for a person to be thrown into the Fire.
believers. (AI-mughni, vol. 8, p. 41.) The Muslim is permitted The Prophet (peace be on him) related to his Companions the
to give gifts to non-Muslims and to accept gifts from them. It is story of a man who found a dog panting with thirst. The man
sufficient here to mention that the Prophet (peace be on him) went down into a well, filled his shoes with water which he
accepted gifts from non-Muslim kings. (Reported by Ahmad gave to the dog, and continued to do so until the dog's thirst
and al-Tirmidhi.) Scholars of ahadith state that there are many was quenched.
ahadith which report that the Prophet (peace be on him)
The Prophet (peace be on him) said, 'Then Allah was grateful
accepted gifts from non-Muslims, and Umm Salmah, a wife of
to him and forgave him his sins.' The Companions asked, 'Is
the Prophet, narrated that the Prophet (peace be on him) told
there a reward for us in relation to animals, O Messenger of
her, "I have sent al-Najashi (The Christian ruler of Abyssinia
Allah?' He replied 'There is a reward in (relation to) every
who secretly embraced Islam. (Trans. a robe and some silk."
living creature.' (Reported by al-Bukhari.) Side by side with
(Reported by Ahmad and al-Tabarani.)
this radiant picture of Allah's forgiveness and pleasure, the
Indeed, Islam respects a human being only because he is
Prophet (peace be on him) drew another picture depicting
human; how much the more then, if he is from the People of
Allah's anger and punishment. He said, A woman was sent to
the Book and still more if he is a dhimmi? Once a funeral
the Fire because of a cat. She imprisoned her and neither fed
procession passed by the Prophet (peace be on him) and he
her nor set her free to feed upon the rodents of the earth.
stood up. Thereupon someone remarked, "O Messenger of
(Reported by al-Bukhari.)
Allah, it is the funeral of a Jew." The Prophet (peace be on
him) replied, "Was he not a soul?" (Reported by al-Bukhari.) Respect for Allah's living creatures reached such an extent that
Thus, truly, in Islam every human being has a dignity and a when the Prophet (peace be on him) saw a donkey with a
place. branded face, he denounced such a practice saying, "I would
not brand an animal except on the part of its body farthest from
The Extension of Islam's Universal Mercy to Animals
its face." (Reported by Muslim.) In another report, he passed
The universal mercy of Islam embraces not only human beings, by a donkey with a branded face and said, "Have you not heard
whether unbelievers, People of the Book, orMuslims, but all that I have cursed anyone who brands an animal on its face or
other living creaof Allah as well. Accordingly, Islam prohibits who hits it on its face?" (Reported by Abu Daoud and al-
cruelty to animals. Thirteen hundred years before any societies Tirmidhi.) We have already mentioned that when Ibn 'Umar
for the prevention of cruelty to animals were established, Islam saw some people practicing archery using a hen as a target, he

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said, "The Prophet (peace be on him) cursed anyone who made some of them as "the diseases of earlier nations" and calling
a living thing into a target." And Ibn 'Abbas said, The Prophet them "the razor" which shaves not hair but religion Anyone
(peace be on him) forbade that animals be made to fight each who studies the Qur'an and the Sunnah of the Prophet (peace
other, since people would goad animals into fighting each other be on him) knows that soundness of heart and integrity of soul
until one of them was pecked or gored to death, or close to it. are considered as the basis of success, both for the individual
Ibn 'Abbas also reported that the Prophet (peace be on him) and for the society, in this world and in the Hereafter: Indeed,
strongly condemned the castration of animals. (Reported by al- Allah does not change the condition of a people until they
Bazzar on sound authority.) change what is in themselves....(13:11)
The Day on which(neither) wealth nor sons will be of no avail
The Qur'an condemned the Arabs of jahiliyyah for their slitting
except to the one who brings to Allah a sound heart. (26:88-89)
the ears of cattle, calling this a practice inspired by Satan.
Hence, the Prophet (peace be on him) has said, The halal is
(4:119) In relation to the method of slaughtering an animal, we
clear and the haram is clear. Between the two there are
have already pointed out that Islam insists that the manner of
doubtful matters concerning which people do not know
slaughter should be that which is least painful to the victim and
whether they are halal or haram. One who avoids them in order
its requiring that the knife be sharpened but not in front of the
to safeguard his religion and honor is safe, while if someone
animal. Islam also prohibits the slaughtering of one animal in
engages in a part of them he may be doing something haram,
front of another. Never, prior to Islam, had the world witnessed
like one who grazes his animals near the hima (the grounds
such concern for animals, a concern which was beyond its
reserved for animals belonging to the king which are out of
imagination.
bounds for others' animals); it is thus quite likely that some of
Concluding Remarks his animals will stray into it.
The purpose of writing this book did not extend beyond Truly, every king has a hima, and the hima of Allah is what He
discussing what is halal and haram in actions and outward has prohibited. (Reported by al-Bukhari, Muslim, and others;
behavior. As for the halal and haram in the actions of the mind the narration is taken from al-Tirmidhi.) He then explained the
and the movements of the soul, it was not our intention to deal value of the heart, the source of the emotions, inclinations, and
with them in this volume even though such diseases of the soul intentions which are the basis of all human behavior, saying,
as envy and covetousness pride and arrogance, hypocrisy and "In the body there is a piece of flesh such that if it is good the
ostentation, greed and lust, are among the major sins. Islam whole body is good, while if it is corrupted the whole body is
declares unrelenting war on them, and the Prophet (peace be on corrupted, and that is the heart." For the heart is the chief organ
him) has warned of their evil consequences characterizing of the body and rules it. If the ruler

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is good, the subjects are good, but if the ruler becomes corrupt, all the obligations which Allah has laid upon the Muslim, for
the subjects become corrupt. In the scale of Allah it is the heart unquestionably not doing them or neglecting them is haram.
and the intentions which have weight, not the face and the For example, seeking knowledge is an obligation on every
tongue: "Allah does not look at your physical features, but He Muslim man and woman. If the Muslim keeps himself in the
looks at your hearts." "Deeds are judged by their intentions, darkness of ignorance, he will commit sins through lack of
and everyone will be judged according to what he intended." knowledge and consequently will not carry out his religious
Such is the place of the actions of the heart and the affairs of obligations such as salat, zakat, fasting, and hajj, which are
the soul in Islam. pillars of Islam. It is not permissible for the Muslim to abandon
However, because they relate to the character of the individual them without a legitimate excuse since not to carry them out is
rather than to what is lawful and what is prohibited, we have a major sin, while to downgrade their value and ignore them is
not dealt with them in this volume. These inner aspects of to abandon Islam.
Islam have been discussed by other scholars and by Muslim
To give another example, it is an obligation on the Muslim
Sufis in great depth and detail. They have referred to the moral
ummah to muster military power to the utmost extent of its
and spiritual sins as "diseases of the heart," have diagnosed
capacity in order to defend itself and to keep the enemy of
their causes, and have prescribed remedies for them in the light
Allah and of Islam at bay. This is a general obligation on the
of the Book of Allah and the noble Sunnah of the Prophet
entire community of Islam and, in particular, on those who are
(peace be on him).
at the helm of affairs accordingly, the neglect of such an
Imam al-Ghazzali has devoted one-fourth of his encyclopedic
important obligation is a major sin and a great shame. We
work about Islam, Ihya 'ulum al-deen, to this topic, terming
could go on multiplying examples, since the case of all the
them "fatal diseases," since they lead a person to degradation in
other obligations, whether individual or collective, is similar.
this world and to the Fire in the Hereafter. Another point to be
We do not claim to have covered the whole range of what is
noted is that we have dealt here only with sins of "commission"
halal and what is haram.
and not those of "omission," although sins are of two kinds:
doing something which is forbidden and not doing something In these pages we have only highlighted the most important
which is obligatory. The second type of sin was not the subject matters which are permissible or prohibited in the personal,
matter of this book, although we have touched upon it here and family, and social life of the Muslim, especially those matters
there in the course of discussion. Had we aimed at describing which people neglect or consider insignificant due to their
the sins of omission, we would have been discussing an ignorance of the reasons behind a prohibition or permission.
entirely different subject; we would then have been describing We have attempted to show the deep wisdom of the Islamic

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Shari'ah in its legislations concerning the halal and haram, so sufficient. The government of the United States legalized
that anyone who possesses two eyes can observe that Allah drinking, repealing the earlier legislation which had banned it.
Ta'ala is not arbitrary in His commandments, neither permitting The repeal of prohibition was enacted despite full knowledge
things in order to be indulgent to people nor prohibiting them of the evil and harm which the consumption of alcohol causes
in order to make their lives miserable. Rather, He has legislated to individuals, families, and society. In contrast to this, the
for them what is in their own best interest, safeguarding their Shari'ah of Islam is free of all such defects. How can it be
lives, intellect, property, morals and honor, and guiding them otherwise when it was legislated by the All-Knowing Creator
toward success in this world and in the Hereafter. All man- Who is aware of His creation, what is suitable for it, and of
made laws are inherently defective and incomplete, since the what it is capable? ...Allah knows the one who makes
law-makers, whether they be individuals, governments, or corruption from him who sets things right....(2:220) Should He
legislatures, 1imit themselves to dealing with material not know Who created (all things)? And He is the Subtle, the
considerations, neglecting the demands of religion and Aware. (67:14)
morality.
This is the legislation of the All-Wise God. He did not prohibit
They are forever confined within the narrow bounds of anything unnecessarily nor permit anything randomly. His
nationalism and the interests of a sector of mankind, paying creation is mand His laws are harmonious. It isthe legislation
little attention to the world at large and to the wider concerns of of the All-Merciful Lord. He desires ease for human beings and
humanity; they legislate for the present, not knowing what lies does not desire hardship for them. How can it be otherwise,
in their future, nor what the effects of their laws will be. Over when He is more compassionate to His servants than the
and above all this, legislators are human beings subject to their mothers who bore them? It is the legislation of the All-
own weaknesses, desires, and prejudices ("Indeed, he (man) is Powerful King. He is independent of His servants and is not
unjust, ignorant.") (33:72) It is therefore not strange that man- partial to one race or one generation, permitting to some what
made laws are shortsighted, shallow, biased toward the He prohibits to others. How could this be, when He is the Lord
material interests of the society, and that they provide only of all being? This is what the Muslim believes concerning what
temporary remedies. It should not be surprising if human Allah has made halal or haram and what He has legislated in
legislation concerning what is legal or illegal is to a great relation to other aspects.
extent influenced by public opinion, by lobbyists, and by what
He therefore accepts it with a convinced mind, a contented
is popular or unpopular; accordingly, things are often made
heart, and with a strong determination to implement it. Indeed,
legal even if it is known that they are extremely dangerous and
he believes that his happiness in this world and his success in
evil in their consequences. One example of this may be

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the Hereafter depend entirely upon his observing the limits set with the disastrous failure of the government of the United
by Allah following His injunctions, and observing His States (A more detailed discussion of this comparison is given
prohibitions. In order to secure his happiness and success in in our book, Al-'aqidah dururat li al-hayat (The Role of Belief
both worlds, therefore, he must restrain himself from in Life), under the heading of "Belief and), which decided one
transgressing these limits. In order to illustrate how observant day to combat this evil by means of laws and force, we cannot
the first generation of Muslims was with regard to the limits set escape the obvious conclusion that human beings do not reform
by Allah and how hard they strove to implement His themselves except by means of the Shari'ah of Allah, which
commands, we cite two examples from their lives. relies on the faith and the consciences of the people before
endeavoring to apply authority and force.
The First Example In our discussion concerning the
prohibition of alcohol, we mentioned how deeply the Arabs The Second Example This concerns the response of the first
loved drinking wine and how greatly they enjoyed drinking generation of Muslim women to Allah's prohibiting women the
parties. Then Allah Ta'ala gradually turned them away from display of their adornment and enjoining modesty and the
drinking until He revealed the decisive verse prohibiting it covering of their 'awrah. During the period of jahiliyyah
totally and forever, calling it "an abomination of Satan's women used to go about with their hair, neck and breasts
doing." (5:93 (90) ) Thereupon the Prophet (peace be on him) uncovered, displaying the ornaments they wore such as
forbade Muslims to drink alcohol, to sell it, or to give it as a earrings and necklaces. Allah Ta'ala then prohibited Muslim
gift to non-Muslims. women this wanton display of the period of Ignorance,
commanding them to be different and distinguishable from the
When the Muslims heard about the prohibition of khamr, they
women of jahiliyyah by observing modesty and by drawing
at once brought out their stocks of wine and poured them into
their head-coverings over their hair, neck and bosoms in order
the streets of Madinah as a declaration that they had abandoned
to conceal them.
drinking. Even more remarkable in expressing their total
submission to what Allah had legislated was the action of those The following are narrations from the Mother of the Believers,
who were engaged in drinking wine when the verse, "Will you 'Aishah (may Allah be pleased with her), concerning the
not then desist?" (5:94 (91) ) reached them. Without hesitating manner in which the Muhajir and Ansar women received the
for a moment they threw whatever drinks were left in their divine injunction which required a major change in their life-
glasses upon the ground, exclaiming, "O Lord, we have styles, affecting their appearance, dress, and ornamentation.
desisted!" When we compare this manifest success in She said, "May Allah shower His mercy on the early Muhajir
combating and eradicating alcohol from the Islamic society women. When the verse, 'That they

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should draw their head-coverings over their bosoms' (24:31) appearance, which, as the Mother of the believers has
was revealed, they tore up their garments to cover themselves." described it, resembled that of crows sitting on their heads.
(Reported by al-Bukhari.) Once when some women were in the Thepoint we wish to stress here is that mere academic
company of 'Aishah, they mentioned the women of the Quraish knowledge of the halal and haram, and of the limits of these is
and their merits. 'Aishah remarked, The Quraish women were not sufficient. Although the major sins and principal
indeed good, but, by Allah, I have seen no one better than the obligations are known to every Muslim, nonetheless we find a
women of the Ansar in applying the Book of Allah and great many of them indulging in these sins and neglecting those
believing in the revelation. When the ayah of Surah al-Noor, obligations, and rushing toward the Fire with their eyes wide
'That they should draw their head-coverings over their bosoms,' open.
was revealed, their men returned to their homes and recited it
If the Muslim is well-versed in the knowledge of his religion
to their women.
and its Shari'ah, and at the same time possesses a fully alert
No sooner did the man recite it to his wife, his daughter, his
conscience which safeguards the limits so that they cannot be
sister, or any other female relative, then she tied any piece of
overstepped, he is indeed rich in all goodness. The Prophet
cloth available to her, perhaps from a curtain having pictures
(peace be on him) spoke the truth when he said, "When Allah
on it (on her head), so that when they came to pray behind the
intends good for a person, He makes his own soul a watcher
Prophet (peace be on him), it looked as if crows were sitting on
over him." (AI-Iraqi said, "Al-Dailami reported it in Musnad
their heads. (Ibn Kathir mentions this in his discussion of this
al-firdaus on good authority.")
ayah, on the authority of Ibn Abi Hatim.)
This was the response of the believing women to what Allah We end our book with the following supplication which has
had legislated for them. They hastened to implement what He come to us from the early Muslims: O Allah, make us
had commanded and to abandon what He had prohibited independent of Thy haram with Thy halal, of disobedience to
without hesitating, stopping to think about it, or waiting. They Thee with obedience to Thee, and of any other than Thee with
did not even delay a day or two so that they could get a Thy bounty. All praise is for Allah Subhanahu wa Ta'ala, Who
suitable, soft piece of cloth and sew it to fit their heads and guided us to this; had He not given us guidance, we would not
cover their bosoms, rather, any cloth which was available, have been guided.
whether rough, brightly-colored, or having pictures on it, was
sufficiently soft and befitting. If no other cloth was found, they
simply tore up the garments they were wearing and tied the
strips to their heads, not caring about their

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