Faizan Document
Faizan Document
Faizan Ahmed
Rights of Women:The Quran abolished the inequality between men and women in pre-Islamic
Arab societies, placing violation against women on the same level as those against men.
Women's rights are manifested in property, with the woman possessing an absolute right over her
property. She can dispose of it according to her will without reference to anyone else, including
her husband, brother, son, or any other person. A woman has the same rights for acquiring
property, such as inheritance, receiving it in gift or donation, earning it by her own work, and
disposing of it at her will.The right to inheritance was not granted to pre-Islamic Arab women, as
they had no right to inherit from anyone, including their father or husband. The Prophet did not
address this issue during his first fifteen years of mission, leading to the death of a wealthy
Ansarite, Aua ibn Thabit, leaving a widow and four daughters of tender age. According to
Madinan customs, only male adults capable of taking up arms in a war had the right to
inheritance.A passage of the Quran revealed the law of inheritance, which is practiced by
Muslims and some other communities, such as the Christians of the Levant. Different female
relatives have obtained the right to inheritance, including wives, daughters, mothers, and sisters.
Islam makes no difference between movable and immovable property, and every thing must be
divided among the rightful heirs. A will cannot diminish or increase the rights of individual
relatives to inheritance, as the rights are fixed and determined by the law itself. A will for more
than one-third of the whole property is valid only if the heirs unanimously accept it at the
moment of the distribution of the heritage. The law of inheritance in Islam is complex and varies
according to individual circumstances. The shares of different heirs vary, with the wife receiving
one eighth if the deceased leaves a child, the mother alone or in the presence of the father, with
children or without them, and the sister alone or in the presence of the brother, father, or children
of the deceased. The rights of a woman are considered in their entirety, as laws are framed for
normal cases of life and not for rare exceptions. A woman possesses her property separately, with
no rights from her father, husband, or any other relative. She also has the right to maintenance
(food, dress, lodging) and receives a mahr from her husband, which is not a dowry but remains
vested exclusively in the woman herself. Marriage is a bilateral contract based on the free
consent of the two contracting parties. There is no difference between man and woman in terms
of the law, and illegal practices may exist in varying degrees from region to region and class to
class. Muslim law is more elastic and in harmony with the requirements of society than other
systems of law, which admit polygamy in no case. Polygamy is not the rule, but an exception has
multifarious advantages, social and other. The act of polygamy depends on the woman's
agreement, and she may demand the acceptance and insertion of the clause that her husband
would practice monogamy in the nuptial contract. If a woman does not want to utilize this right,
it is not legislation that would oblige her to do so. Religious laws of antiquity did not restrict the
number of wives a man could have. Biblical prophets were polygamous, and even in Christianity,
Jesus Christ never uttered a word against polygamy. However, eminent Christian theologians like
Luther and Melanchton deduced the legality of polygamy from the parable of the ten virgins in
the Gospel of Matthew. Muslims also have a law that expressly limits the maximum permissible
number of polygamous wives. Polygyny was legally practiced and accepted by the church in the
Middle Ages, and it occurred sporadically as a legal institution as recently as the middle of the
17th century. The possibility of annulment of a marriage has also existed in Muslim law since
ancient times, with the right to divorce a husband and the right to separation if the husband is
incapable of fulfilling his conjugal duties or suffers from serious sickness. The Quran and Hadith
provide the source of all these laws, ethics, and exhortations.
Divine Origin of Duties: Islam, a religion of divine origin, is characterized by its justice and
observance of certain rules regarding non-Muslims. This system of law ensures greater stability
than any other secular legislation in the world due to its Divine origin. The Quran prescribes that
there should be no compulsion in religion, ensuring the safety and liberty of the residing subjects
and temporary sojourners. The Prophet Muhammad established a City-State in Madinah, uniting
the tribes torn by internecine feuds. The constitutional law of this first "Muslim" State, which
was a confederacy, included clauses stating that Muslims and Jews had their religion and that
there would be benevolence and justice. Military defense was also deemed the duty of all
elements of the population, including the Jews, and they participated in the consultation and
execution of the plans adopted. During the years of the Prophet's rule, mutual confidence was
most complete, as evidenced by incidents such as diplomatic missions to Abyssinia and the
exclusion of non-Muslim subjects from military service. Non-Muslims who had accepted
Muslim domination and did not seek its overthrow in collusion with foreigners welcomed this
exemption from military service, allowing them to pursue their avocations and prosper while
Muslims were engaged in military duties. A supplementary tax, the jizyah, was imposed on non-
Muslims, with women and the poor being exempt from it. This tax was neither heavy nor unjust,
and it allowed non-Muslim subjects to participate in military service during expeditions without
fear of being exempted.The Prophet Muhammad's teachings on the concept of jizyah, or taxation,
have been a subject of debate in Islam. Initially, it was not a matter of dogmatic duty, but it was
ordained by the Quran towards the year 9 Hijri. This was a matter of expediency and not a matter
of dogmatic duty. The Prophet's statements, such as exempting all Copts from jizyah as a mark of
esteem for Ibrahim's mother, and redigging the ancient canal from Fustat to the Red Sea, were a
testament to the Prophet's commitment to the protection of non-Muslim subjects. The Prophet
also directed the transfer of Jewish and Christian populations of the Hijaz to other regions,
despite the fact that it was not a general prohibition against these communities. In the time of the
caliphs, there were non-Muslim slaves, both male and female, living alongside their masters in
Mecca and Madinah. The Prophet's teachings constitute the highest law for Muslims, and later
practice has seen non-Muslims holding the rank of ministers in Muslim States. This practice is
not contrary to the teachings of Islam, as it is borne witness by classical authors and Shafi'ite
jurists. The Prophet himself sent a non-Muslim ambassador to Abyssinia.Islam is characterized
by its emphasis on social and judicial autonomy for non-Muslims. The Quran commands
Muslims to judge between them with equity, as God loves the equitable. The Prophet and his
successors in Islam have granted judicial autonomy to every non-Muslim community, including
civil, penal, and other affairs of life. During the time of the Prophet, the Jews of Medinah had
their Bait al-Midras, a synagogue and educational institute. The government discouraged
imitation of one another, preserving their own modes of dress, social manners, and distinctive
individualities. This was done to protect the cultural diversity of everyone and ensure that their
intrinsic values and defects were brought into relief. The person, property, and honor of every
individual, whether indigenous or heterogeneous, are fully protected in the Islamic territory. The
legal manual Shark al-Hidayah employs the expression "Defamation is prohibited, be it
concerning a Muslim or a Protected (non-Muslim)." Even the bones of the dead among the
Protected (non-Muslims) have the right to be respected, even as the bones of Muslims. If a
Muslim violates a non-Muslim woman, they will receive the same punishment as is prescribed
against the violation of Muslim women. In the time of the caliph 'Umar, certain Muslims had
usurped a piece of land belonging to a Jew and had constructed a mosque on the site. The caliph
ordered the demolition of the mosque and the restoration of the land to the Jew.The circular of
caliph 'Umar ibn 'Abdal-'Aziz, preserved by Ibn Sa'd, emphasizes the rights of non-Muslims in
the Islamic territory, including the right to pre-emption in regard to neighbor hours and the
liberty of practising customs opposed to Islam. The Islamic law divides non-Muslims into
"developed" and "primitive" communities, with all being tolerated and enjoying protection
regarding the liberty of conscience and life. However, a Muslim has the right to marry a
"developed" non-Muslim woman, but not a "primitive" one. A Muslim may marry a Christian or
a Jewish girl, but not a woman who does not believe in God. A Muslim woman cannot be the
wife of a non-Muslim to whatever category they may belong. The Islamic law expressly
recognizes the liberty for non-Muslims to preserve their beliefs and maintains a rigorous
discipline among its own adherents. The basis of the Islamic "nationality" is religious, not ethnic,
linguistic, or regional. Despite the need for penalties for apostasy, apostasy of Muslims is
surprisingly non-existent in modern times. Islam is gaining ground among Western peoples, from
Finland and Norway to Italy, Canada, and Argentina, despite the absence of organized missionary
activity.
Holy War: The holy war is a fundamental aspect of Islam, involving the entire life of a Muslim,
whether spiritual or temporal. It is a discipline regulated by Divine law, with any act of devotion
being considered a crime against God. In contrast, acts of need and pleasure, such as eating
meals, are considered saintly acts of devotion, meriting Divine rewards. In Islam, all war is
forbidden if it is not waged for a just cause ordained by Divine law. The Prophet Muhammad's
struggle for liberty of conscience was a holy war, aimed at establishing liberty of conscience in
the world.
AND ARTS
Historians need to collaborate on a comprehensive survey of Muslim contributions to various
sciences and arts, aiming to provide a general character of their role in the development of these
fields.
General Attitude: Islam is a comprehensive concept of life that emphasizes the pursuit of
sciences and arts. The Quran expresses facts about God's beauty, teaching mankind to be kind
and not neglect their portion of the world. This quest for comfort attracts man to knowledge and
the universe, as it allows them to profit from and be grateful to God. The Quran reminds people
of the duty of worshipping God and the need for effort in the world of cause and effect. The first
revelation to the Prophet Muhammad was a command to read and write, and the praise of pen as
the only means of human knowledge. The Quran also encourages people to ask the people of
remembrance if they know not and raises them by grades whom they will. The Prophet
Muhammad stated that Islam is built on five fundamentals: belief in God, service of worship,
fasting, pilgrimage of the House of the One God, and the Zakat-tax. Belief requires the
cultivation of theological sciences, while the others require a study of mundane sciences. For
service of worship, knowledge of geography and astronomy is required, as is understanding
natural phenomena. Fasting requires knowledge of natural phenomena, and the pilgrimage
requires knowledge of routes and transportation. Muslims have had abundant and cheap paper
for spreading knowledge among the masses, leading to the establishment of factories for paper
manufacturing throughout the empire. The contribution of Muslims in various sciences has been
particularly important for mankind.
The religious sciences began with the Quran, which Muslims considered the Word of God. Its
understanding required the study of linguistic, grammatical, historical, and speculative sciences.
The preservation of the Quran led to improvements in the Arabic script, which is the most
precise for this language. The universal character of Islam necessitated the understanding of the
Quran by non-Arabs, leading to translations from the time of the Prophet Salman al-Farsi.
Muslims were also attached to their Prophet's sayings, preserving reports of his sayings and
doings. This practice continues to this day. The speculative aspect of the Faith, particularly in the
matter of beliefs and dogmas, became the root cause of different sciences, such as Kaiam
(dogmatico-scholastic) and tasauwsf (mysticospiritualistic). Religious polemics with non-
Muslims and even among Muslims themselves introduced foreign elements from Greek and
Indian philosophy. The part played by Muslims in developing the social sciences has been very
important. The Quran was the first book ever written in the Arabic language, which later became
one of the richest in the world and an international language for all sorts of sciences. All races
participated in the progress of the "Islamic" sciences, with great religious tolerance and
patronage of learning. Law developed among Muslims early, with them being the first to
entertain the thought of an abstract science of law, distinct from the codes of general laws of the
country. Islamic works of this kind, called Usui al-Fiqh, began to be produced since the second
century of the Hijrah (8th century).In ancient times, international law was a part of politics and
depended on the discretion and mercy of statesmen. Muslims were the first to accord it a place in
the legal system, creating both rights and obligations. The most ancient treatise on this subject is
the Majmu' of Zaid ibn 'Ali, which contains the chapter in question. The Muslim developed this
branch of study as an independent science, with monographs on the subject existing even before
the middle of the second century of the Hijrah. The characteristic feature of international law is
that it makes no discrimination among foreigners and deals solely with non-Muslim States of the
entire world. Islam in principle forms one single unit and one organic community. Another
contribution in the legal domain is the comparative case law, which helps understand the reasons
for differences and the effects of each divergence of principle on a given point of law. In the
sphere of law proper, codes have appeared since the beginning of the second century of the
Hijrah, divided into three principal parts: Cult or religious practices, Contractual relations of all
kinds, and Penalties. There was no differentiation between the mosque and the citadel, and the
doctrine of the State or constitutional law formed part of the cult. Biographical dictionaries are a
characteristic feature of Muslim historical literature, compiled according to professions, towns,
regions, centuries, and enochs. In the first century of the Hijrah, two branches of history began to
develop independently and were later combined with one composite whole: Islamic history,
beginning with the life of the Prophet and continuing through the time of the caliphs, and non-
Muslim history, concerning pre-Islamic Arabia or foreign countries such as Iran, Byzantium, etc.
Geography and Topography:The Muslim empire played a significant role in the development
of communication, commerce, and natural science. Posts were announced daily, and route guides
were prepared with detailed historical and economic descriptions of each place. This led to the
translation of Ptolemy's geography into Arabic, as well as works by Indian authors. The diversity
of data allowed for practical testing and trial, leading to the discovery and study of stars,
astronomy, and natural science. The pre-Islamic Bedouin Arabs had developed precise
astronomical observations, and later, Sanskrit, Greek, and other works were translated into
Arabic. This led to the creation of observatories and the measurement of the earth's
circumference. Natural science also saw extraordinary progress under the Muslims, with the
Arab method being unique and wonderful. Authors began their study of sciences by preparing
classified dictionaries of technical terms in their own language, and every successive generation
revised the works of their predecessors to add new information. Medicine also made
extraordinary progress under the Muslims, with the works of Razi (Rhazes), Ibn-Sina
(Avicenna), and others remaining the basis of all medical study even in the West. The fact of the
circulation of blood was also known to them. Optics, which owes a particular debt to Muslims,
includes the book of rays by al-Kindi, which was far in advance of Greek lore of the incendiary
mirrors. These works, along with those of other Muslim scientists, have left a lasting impact on
the world history of sciences.
Mineralogy, Mechanics, etc: The Quran has been a source of inspiration for the Muslim
community, with its teachings and works influencing various fields such as medicine, zoology,
chemistry, physics, mathematics, and arts. The Quran has encouraged Muslims to study the
creation of the universe and how it has been made subservient to humans, leading to a
progressive and serious study of these subjects. Scientific works by Khalid ibn Yazid, Ja'far as
Sadiq, and their pupil Jabir ibn Hayyan have been celebrated through the ages, with their work
being characterized by objective experimentation rather than simple speculation. Mathematical
science has left indelible traces of Muslim influence, with terms like algebra, zero, and cpiher
being of Arabic origin. The names of al Khwarizmi, 'Umar al-Khayyam, and al-Biruni remain
famous, as do Euclid and the Indian author of Siddhanta. Trigonometry was unknown to the
Greeks, but the credit for its discovery goes undoubtedly to Muslim mathematicians. However,
the Quran also took the initiative in the development of arts among Muslims, with the liturgical
recitation of the Holy Quran creating a new branch of music, calligraphy and book-binding
necessitating the construction of mosques. Islam seeks to develop artistic talents with the spirit of
moderation, avoiding excess even of self-mortification and spiritual practices. In summary, the
Quran has played a significant role in shaping the Muslim world, with its teachings and works
continuing to inspire and inform modern science and art. Islam never forbids artistic progress,
except for the prohibition of animal representation in art. The Prophet placed a restraint on this
activity due to metaphysical, biological, and social reasons. Animal life is the highest
manifestation in creation, and humans reserve the privilege of the supreme creation for the
representation of inferior objects. However, exceptions exist for children's toys, decoration of
cushion and carpets, and scientific needs. History shows that this focus on figurative art among
Muslims has never curbed art in general, with remarkable development in nonfigurative spheres.
The Quran recommended grandeur in the construction of mosques, and Muslim specialities
include calligraphy, which makes writing a piece of art, and the recitation of the Quran. Muslims
have also developed their own music and song, with theoreticians like al-Farabi, the Rasa'il
Ikhwan as-Hafa, and Avicenna making significant contributions. The Prophet discouraged
immoral poetry and encouraged the use of natural talent in poetry. In the realm of art, Muslims
have made worthy contributions, avoiding harmful features, developing aesthetic aspects, and
inventing new things. Their share in development has been considerable, and their contributions
to art are significant.