The New Nation - Internet Edition

Shah Abdul Hannan

We are all happy that a major international seminar on Islamic law is being held in Bangladesh with the participation of major scholars in this field from various parts of the world.

Islamic law research has progressed a lot and some laws on the basis of Islam have been legislated in various countries, though we can not say that the legislated laws are perfect and there are no lacunae. There has been major progress in the case of Islamic constitutional law and financial law in particular. Ulama and politicians for the first time in history agreed on the principles of Islamic constitution when in Pakistan they framed constitution in 1956 and then 1973 constitution. These were defining moments in the area of Islamic constitutional thought. Before that , because a kind of monarchy prevailed and later colianlism ruled the Muslim world, the political fiqh of Islam could not develop properly though some writings of Khaldun, Imam Gazali, Mawardi , Nizamul Mulk Tusi and other writers are available. But it was through Pakistan constitution for the first time and later through Iranian constitution we could formulate clear constitutional principles which are also suitable in the changed world of the current time.

The agreement was reached in these documents that the state would be a republic, sovereignty in the absolute sense belongs to Allah, government would be run by the people's representatives elected by the people , there would be a list of fundamental rights which every citizen would enjoy, judiciary would be independent. These are the guidelines for future for Islamic jurists where ever they work for Islamic constitutional thought.

In the area of law making the Mazhab is no longer a primary factor, if we look into the constitutions as we have mentioned, OIC fiqh academy rulings and in the new manuals being made internationally or nationally by IDB, Islamic Banks and other Islamic institutions. The same principle has been followed in framing new Shariat Act of Pakistan where it has been laid down that the teachings of the Quran and Sunnah would be the guiding principles, the opinion of any scholar of the past or present may be alluded to if felt necessary.

There is a lot of mis-understanding about the depth and vastness of Islamic law. Lot of people think that Islamic law relates to some criminal matter only where as criminal issues in Islamic law is not even five percent of the totality of Islamic law. Islamic law covers also regulations regarding economics, business, finance, banking, constitutional law, moral and ethics, family law ,procedural law of various types.

I also feel that a lot of research lies ahead of us in all areas, particularly in the areas of finance, political thought , Hadood (criminal punishments clearly provided in the Quran and Sunnah.). In this regard some issues have been raised by Dr Tariq Ramadan and some other scholars. In Pakistan also , Hadood law came under scrutiny on the ground that some provisions are hurting the women interest in an unfair way .As far as I have understood the problem is not in the substantive part but in the procedural part of the law which is really based on British criminal procedure .British criminal procedure is very long-winded and can not do proper justice as we have seen in the matter of repepeated police remands and consequent torture.The modern judiciary has failed to solve the problem and urgent steps are necessary in this regard.

It should also be clarified what we mean by Islamisation of law.I have checked up most of the laws in Bangladesh and in ninety eight percent there is hardly any thing to change because these deal with procedure and the punishment , if any , provided in these also falls in the area of Taazir ( laws to be made by the state ).For instance all the university acts, all the finance acts, all the Municipality acts, traffic act, poison act,all commercial acts etc.Only in some acts some sections have to be changed mainly involving interest .

The penal provisions in various acts and in the penal code may remain as these fall in the area of Taziir. Even in Pakistani acts the few punismentswhich normallyfall under Hadd have also been divided into two parts , if the cases are proved by witnesses or evidence as required for Hadd , they are given Hadd punisment but if not proved in the manner required for Hadd punishment they are classified as liable to Taziir ( for instance theft has been classified as theft liable to Hadd and theft liable to Taazir ).As such when time is appropriate, some sections in Penal code may be added for Hadd punishments.The present penal provisions on theft, robbery and adultery may remain as Taazir punisments.

We are all committed to the development and application of the law of Islam in all branches of human life as Islamic laws are fully consistent with human rights ( Islam gives all human and fundamental rights to all citizens, Muslims and Non-Muslims,as seen from OIC declaratio of human rights agreed to by senior Ulama, thinkers and legal experts) We hope this two-day international seminar would be a success

( Chairman of the inauguaral session Shah Abdul Hannan's speech in the opening session of International Islamic law seminar in Dhaka,held in BIAM auditorium on 11.1.08 where the Chief Justice of Bangladesh Mr M. Ruhul Amin was the Chief Guest)

Ibrahim B. Syed, Ph. D.

Mankind has just entered the 21st century in terms of the Common Era. This age is rightly called the information age with computers, electronic mail and business and commerce and the Internet with WEB pages. To many thinkers religion is alien to science. Science simply means a specialized branch of knowledge. In Arabic it is called 'Ilm. A scientist in Arabic is called an 'Alim. The west is wrong in separating Science from Religion. The great universal Muslim scientists about thousand years ago were at the forefront of knowledge particularly in the sciences and technology without ever giving up their religion. In fact Islam in general and the Qur'an in particular inspired the Muslim scientists to seek and advance knowledge. Hence they achieved all these without any conflict with religion.

Today many western educated Muslims follow the western path of separation of religion from science. On the other hand those Muslims trained in Islamic theology have refrained from modern sciences.

By moving away from the reading and in depth study of the Qur'an Muslims have lost the golden opportunity of many a scientific discovery and advancement of knowledge. By moving away from their Scriptures the Western people made many scientific discoveries and inventions. This is because of the suppression and obscurantism practiced by the Church against the scientists and intellectuals in the past. Even the scriptures themselves were a hurdle to the cause of seeking the truth through observation and experimentation as lucidly pointed by Dr. Maurice Bucaille in his most popular book " The Bible, Qur'an and Science."

A study of the Qur'an reveals that in the various verses or Ayath one finds that it invites the believers to study the whole universe including the earth and everything in between and to discover the various natural phenomena and their schemes.

The Qur'an calls upon Muslims to observe around them and study the physical world, so that they might appreciate the majesty of Allah's creation. "Behold! In the creation of the heavens and the earth; in the alternation of the night and the day; in the sailing of the ships through the ocean for the benefit of mankind; in the rain which Allah Sends down from the skies, and the life which He gives therewith to an earth that is dead; in the beasts of all kinds that He scatters through the earth; in the change of the winds, and the clouds which they trail like their slaves between the sky and the earth -- (Here) indeed are Signs for a people that are wise." (Surah Al-Baqarah, 2:164)

This inspiring declaration of the Qur'an stimulated the Muslims in the medieval period to research and investigate nature and natural phenomena that resulted in laying the foundation of practical science. The Greek science before them was mostly theoretical. One of the most remarkable things about the Qur'an is that it contains many Ayath (verses), which correctly describe natural phenomena in various disciplines such as human embryology, meteorology, astronomy, geology, and oceanography. Many of the processes and functions mentioned in the Qur'an have been discovered only recently. Some examples are the Big-Bang Theory, Sex Chromosomes, Sex determination, solar orbit, human embryology, etc. However the Qur'an is not meant to be a "Textbook of Science".

Science is not a divine revelation but it provides a means for the welfare of man and to better understanding the creation of Allah (SWT), the natural phenomena and their function. In over 11,000 Ayath (verses), nearly 20 percent of the Qur'an there are references to natural phenomena. This article is a result of the inspiration the author derived by reading the Noble Qur'an. The Glorious Qur'an did inspire our ancestors, the universal Muslim Scientists who pushed the frontiers of knowledge and advanced the Islamic civilization that lasted nearly one thousand years. One can derive inspiration from a single Qur'anic Ayah (verse) or even a single word in the Qur'an. There are many such examples in this article. Many books are devoted to Qur'anic Inspirations on the understanding or advancement of Science and Technology. In simplest terms science means knowledge and Islam exhorts its followers to relentlessly pursue knowledge. In the Noble Qur'an, Allah (SWT) ordained His servants to pray to Him thus:

" O Lord! Increase me in knowledge." (20: 114)

It is reported that the Messenger of Allah (SWT) peace be upon him to have once said," Learning comprises treasure houses whose keys are queries." Prophet Muhammad (pbuh) encouraged the spirit of investigation and analysis of facts. One of the most inspiring Ayath (verses) in the Qur'an is the following:

"And He has subjected to you, as from Him, all that is in

the heavens and on earth: behold, in that are signs indeed

for those who reflect." (45: 13)

To reflect is really the scientific spirit, which leads to understanding and discoveries about Allah's (SWT) creation and natural phenomena. Allah (SWT) guides the efforts of the scientists to meaningful purposes. Rational thinking is emphasized throughout the Qur'an. Repeatedly, the Qur'an calls the believer to do tadabbur (deliberate), to do tafakkur (tafkir or think), and ta'qqul (reason).

The more one investigates the more one knows about Allah (SWT) and His design of the universe. The emphasis is on thinking which leads the way to the cherishing care of Allah to establish all things in nature to service for the benefit of mankind. Allah (SWT) has given us the faculties and the intellectual genius for this purpose. The Muslim should never regard the study of natural sciences as forbidden territory or "haram". According to the Muslim traditions he who seeks knowledge is blessed, but the seeker who also attains success is twice blessed. The Muslim intellectuals have proved this in the past and they already set the trend.

Islam was never antagonistic to observation and experimentation and it has never strangled science and knowledge. Instead the Qur'an and the Prophet of Islam (pbuh) energetically encouraged the study of science and its methodology-observation and experimentation.

The European Renaissance owes its enlightenment and scientific advancement to the observations, experimentation and research carried out by the Muslim Scientists during the period from 800 to 1600 CE. The exhortations to the believers in the Glorious Qur'an not only paved the way for the birth and advancement of modern sciences, but also laid the foundation for practical sciences.

This article is written to prove there is no conflict between science and Islam, based on the Qur'anic inspirations the author derived from reading different Ayath (Verses). Even at the dawn of the 21st century of the CE, the Muslims can derive inspiration from the in depth study of the Qur'an and make new scientific discoveries and push forward the frontiers of knowledge. I humbly believe that the younger generation of Muslims will get inspiration from the revelations in the Qur'an and do investigate and contribute to the bank of knowledge.

In several places, the Glorious Qur'an uses inquiring phrases such as 'do they not think,' 'do they not ponder,' or 'reflect,' and asks the Qur'anic reader 'to enquire about certain statements to those who have knowledge and expertise.' The approach of the Qur'an is to invite to reason, logic, rationality and intelligence. The more one researches on different verses in the Noble Qur'an, more deeper meaning one gets. Many books and articles have been published as a result of heeding to the Qur'anic Ayath exhorting the Qur'anic readers to think, reflect and ponder over Natural Phenomena both in the heaveans and the earth, including the human beings.

The Qur'an inspires man to observe, experience, and investigate. It acknowledges sense perception and experiential as rewarding. In short, the spirit of the Qur'an, unlike other religions, is scientific.

Allah says in the Quran,

"And hath made of service unto you whatsoever is in the heavens and whatsoever is in the earth; it is all from Him. Lo! herein verily are portents for a people who reflect." 45:13

"And of His sign is the creation of the heavens and the earth, and the difference of your languages and colors. Lo! Herein indeed are portents for men of knowledge." 30:22

That is why the Qur'an speaks of those who study nature and try to discover the laws that govern it as "men of knowledge and insight"; furthermore, the Noble Qur'an says: "Lo! In the heavens and the earth are portents for believers" (45: 3). In seeking knowledge, the believers are spurred on by their faith (Iman). …. They know that: The alternation of night and day and the provision that Allah sendeth down from the sky and thereby quickeneth the earth after her death, and the ordering of the winds, are portents for a people who have sense (45: 5). Our faith in Allah (SWT) does not follow from purely logical arguments; but it springs from the direct experience of order, harmony, and beauty in nature.

There are those who ponder over God's creation, for they know that

"In the creation of the heavens and the earth and the alternation of night and day, are surely signs to men of understanding"(3: 189). They are the men "who keep in their mind (the law of) Allah (SWT) sitting and standing and reclining, and reflect on the creation of the heavens and the earth" (3: 190). When they reflect on the grandeur of nature, they are deeply moved and exclaim: "Our Lord! (Rabb) Thou hast not created this in vain (7: 190)."

Anyone who approaches nature with the attitude of the believers (Mu'mins), that person feels it in his/her consciousness that it has a meaning and a purpose. A person with intellectual honesty cannot but admit that certain things in the Qur'an are incomprehensible to him/her at the present level of one's knowledge. With humility when one confesses one's ignorance, then that person will have a conviction that if he/she persists in seeking more knowledge, one day that person will perceive the meaning of incomprehensible things as well. Men or women who lack this conviction live "in a sort of hell" (7: 191)", and the pity is that "no one can help them" (7: 191).

With regard to inspiration, Allah (SWT) says in the Qur'an: "Likewise Allah, the All-Mighty, the All-Wise inspires you (O Muhammad (SAW)) as (He inspired) those before you. 42: 3

The Noble Qur'an is a source of advice, healing, guidance and mercy for those who have faith. The Qur'an contains nothing that is uncertain or questionable. It is absolutely straight, and authoritative, and 'Nur' (enlightenment) for the Muslims or the believers. There are innumberable spiritual benefits from the Qur'an to the believers.

The Quran is a source of law to guide the practical life of man. The Qur'an is a source of knowledge, which inspires man's intellectual endeavors. It is a universe into whose shape both the natural and social environment of man are cast, a universe which determines the life of the soul of man, its becoming, fruition, death and final destiny beyond this world. Qur'an is the Divine manifestation of Islam. It would never have been revealed to mankind and never have been understood except for Rasoolullah- our Prophet Muhammad (pbuh), who was chosen as the messenger and commentator to men.

In his Book, "Way to the Qur'an", Khurram Murad says, " You must remember certain characteristics of the Quranic style. Firstly, that it appeals to reason and feeling, intellect and soul as one whole. Secondly, that it is short, precise, direct, personal, and evocative. Thirdly, that it confronts its listeners with choices and decisions and inspires them to heed and act. Fourthly, that its language is as powerful as the message, which penetrates deep inside you. Fifthly, that its argument is always what its listeners are able to understand, that it is always drawn from their everyday experience, that it always finds an echo inside them. Above all, that it is not abstract, logical, speculative."

The Qur'an is a book of guidance to mankind and it inspires justice, good manners, humility, honesty, sincerity, and all that is most righteous. Although the Qur'an is a book of guidance for all humanity, however not everyone who reads it will get guidance from it. Qur'an reserves its guidance for those who sincerely seek it and approach it in the appropriate way and with the right attitude. At the same time, the Qur'an urges and inspires the believers to an ethic of action. It is a moral accountability for Muslims to struggle for what is good and just. For Muslims, it is an obligation to enjoin good and forbid evil (3:104). The Noble Qur'an gives moral code for individuals as well as states. It gives the Law or Shariah for the States as well. The Glorious Qur'an addresses both the heart and the intellect. It educates; it inspires; it heals. It shows the Path and it gives us the energy and motivation to follow it. No one can go wrong who makes the Qur'an his or her guide. No one can succeed who ignores its guidance. The Qur'an inspires us towards peace, purity and tranquillity and institutes closeness to God. Recitation of the Qur'an amazingly reduces the stresses and tensions or the hustle and bustle of life to disciplined magnitude. The recitation of the Qur'an both in the morning and evening tend to sustain a healing or beneficial level and practically leaves no room for mischievous thought or deed. It inspires human beings to be responsible and watchful against evils and immorality. Muslims are urged to recite the Qur'an regularly. No one should allow a day to pass in one's life in which one forgets to read the Qur'an. One must understand its message and contemplate over its teachings. We must cast our life based on its commands.

In his masterpiece work titled "Reconstruction of Religious Thought in Islam" (published by Iqbal Academy Pakistan, Lahore, 2000), Allama Sir Muhammad Iqbal the poet-thinker-philosopher of South Asia says, "The purpose of Qur'an is to awaken in man the higher consciousness of his manifold relations with God and the universe." The character of the universe in the Qur'an, says Iqbal, is that of a dynamic, active, and ever-growing universe. It is not the result of mere creative sport.

Also one can read in the Qur'an, which says, "We have not created the Heavens and the Earth and whatever is between them in sport. We have not created them but for a serious end: but the greater part of them understands it not' (44:38-39)

Thus this universe is not a finished creation. It is capable of rising, and, in fact, is growing every moment. It is not stationary and incapable of change; change and growth are the principal conditions of existence in the universe. The Qur'an says,

"Verily in the creation of the Heavens and of the Earth, are signs for men of understandingt God causeth the day and night to take their turn. Verily in this is teaching for men of insight." 24:44

These Ayath (signs or portents) are forces of nature, which man should understand and master. Man has a focal point and critical position in this universe. The nature of man, according to the Qur'an, is also innovative and dynamic. Though created humble in the scale of life, and surrounded on all sides by the forces of impediments, he is capable of development and spiritual growth. He is gifted with the fidgety (restless) and energetic spirit, which always seeks new magnitude of self-expression. Iqbal says, "Thus in his inmost being, man, as conceived by the Qur'an, is a creative activity, an ascending spirit who, in his onward march, rises from one state of being to another." "If man does not take the initiative, if he does not evolve the inner richness of his being, if he ceases to feel the inward push of advancing life, then the spirit within him hardens into stone and he is reduced to the level of dead matter. But his life and the onward march of his spirit depend on the establishment of connections with the reality that confronts him. It is knowledge that establishes these connections, and knowledge is sense-perception elaborated by understanding."

This vibrant and innovative picture of the universe and man proved to be a channel in rousing the Muslims to action all over the world. Man is only dynamic, inventive and spirited. If he is not active, then, he is deceased. His survival and continued existence depend on his skills over the physical world through his accumulated information; and knowledge is information acquired through senses, observation, experimentation, and investigation, in short, knowledge is science. This is the concept of man in the Qur'an. Science and the free spirit of inquiry is not for the sake of query; it has to be guided by some splendid rationale in life.