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ISLAMIC MEDICAL EDUCATION RESOURCES 04

0009-SOCIAL ISSUES (PART II)

Lecture for 4th year medical students on 23rd September 2000 by Professor Omar Hasan Kasule Sr.

2.0 SEXUAL PERVERSIONS

A. ANTECEDENTS OF ZINA

OVER-VIEW

Since a successful family is the basic building block of society, its destruction means destruction of the whole society. Family destruction could be due to internal or external factors. The internal factors are zinnia and its antecedents. The external factors are: socio-economic and political stresses. Non-coital adultery is a type of minor zina, zina al jawarih duun al farj (KS 263), al rajul yuswiib mina al mar at ma duuna al farj  (KS263). Minor zina is committed by the eye, the ear, the tongue, the mouth, the limbs, and the hands. These organs are involved in antecedents to the actual crime of illegal sexual intercourse which is one of the major sins, al kabair. Eyes commit adultery and their adultery is the evil look. Ears commit adultery and their adultery is listening to lustful talk. Hands commit adultery and their adultery is moving towards sin. The legs commit adultery and their adultery is steps towards adultery. The adultery of the tongue is lustful talk. The adultery of the heart is evil desire.  In the end the sexual organs either confirm all of this or disapprove (Muslim). The Qur'an severely condemned approaching zina: ' Nor come nigh to adultery: for it is a shameful (deed) and an evil opening the road (o other evils). 17:32'.  It is a principal of Islamic law that what leads to haram is also haram. Therefore all antecedents of zinia are considered haram. Certain regulation are necessary to protect the family from evils that will lead to its destruction. The following measures are needed: (a) Preventive measures: education, tarbiyyah, early marriage, following the sharia, maintaining the privacy of the home (b) Avoiding zina and its antecedents: modesty in dress, no ikhtilaat, no khalwat, no looking at the opposite sex with desire, huduud as deterrent, and privacy of the home.

 

WEAK SOCIAL AND LEGAL CONTROLS OF ZINA:

Persmissivity and toleration/allowing zina soon destroy the society. The prophet defined al duyuuth as the person who allows zina in his family and that such a person will not enter jannat (KS263). Laisa minna man khabbaba ala imru’I zawjatuhu (KS 263). False accusation of zina, qadhf (p 919 24:4, 24:6, 24:23) also contributes to family destruction. Repeated false accusations of zina make light of the offense in the eyes of the people making it easier for them to commit it. Pornography is also conducive to committing the crime of zina. A community that allows sexual misconduct in public will soon find its family morals corrupted. Throughout human history, communities and even whole countries have adopted controls to prevent zina. Some were derived from religion whereas others evolved from human experience. These controls may be in the form of enforceable laws or may be customs and social controls that are informal. The social controls against zina are more powerful than the legal ones. Social disapproval is more effective than legal deterrent. The immediate family and the larger society exercise social control. Toleration of zina and its antecedents violates this control. Discussed below are legal and social controls that prevent zina

 

GHIIRA.

Lack of ghiira for a wife, a daughter, and a sister is one of the social controls that prevent zina. It is a strong motivation to make sure that relatives do not commit sexual crimes. The Prophet encouraged ghiira and considered its absence blameworthy. He however warned that it should not be carried to illogical extremes.

 

VIOLATING THE PRIVACY OF THE HOME, kharq hurmat al bayt

Un-related persons should not enter homes without permission. Their entry violates the privacy of the home and could be a source of unnecessary temptations. O ye who believe! enter not houses other than your own until ye have asked permission and saluted those in them: that is best for you in order that ye may heed (what is seemly). If ye find no one in the house enter not until permission is given to you: if ye are asked to go back go back: that makes for greater purity for yourselves: and Allah knows well all that ye do. It is no fault on your part to enter houses not used for living in which serve some (other) use for you: and Allah has knowledge of what ye reveal and what ye conceal. 24: 27-29. The spouse can not allow a stranger into the home without the permission of the husband (KS 542: Bukhari K67 B86, Ahmad 2:316).

 

TRANS-SEXUAL DRESSING AND BEHAVIOR, takhannuth/ stirjaal

The prophet prohibited men appearing like women and women appearing like men (KS 540: Bukhari K77 B61; Abudaud K40 B53; Abudaud K31 B28; Tirmidhi K41 B44; Ibn Majah K9 B22; Ibn Majah K20 B38; Darimi K19 B24; Ahmad 1:225, 227, 237, 251, 254, 330, 339, 365; Ahmad 2:65, 91, 134, 199, 287, 289, 325; Tayalisi H2679). Trans-sexual dressing and behaviour undermines the emotional and private bond between men and women by blurring the distinctions between them. It removes the instinctual gender identity. It facilitates zina by making it easy for a man to be among women undetected. Each gender should maintain its psychological, emotional identity and physical appearance in manners of dress, walking or speaking. Trying to blur the distinction interferes with the complementality that is supposed to exist between the two genders. The complementality is necessary to ensure cooperation. Blurring the differences could also make sexual misconduct easier.

 

FREE MIXING OF THE 2 GENDERS, ikhtilat:

The Qur'an forbade free mixing of the gender in general: ‘And when ye ask (his ladies) for anything ye want ask them from before a screen: that makes for greater purity for your hearts and for theirs (33:53).  Free mixing of the sexes, ikhtilat, could lead to illegal temptations and sexual crimes. Islam fosters a bi-sexual society. This is however not absolute. There are cases when social intercourse between unrelated men and women in necessary. It is allowed but with strict precautions to prevent any transgressions. A woman is for example allowed to serve male guests according to a hadith reported by Bukhari from Sahl Ibn Sa ‘ad al Ansari.  This is however allowed where there is no fear of temptation. The opposite extreme of a uni-sex society advocated by feminist groups in the west is rejected by Islam.  A bisexual society does not prevent the women from being an active member of society. She can pursue her interests even outside the home provided she observes the rules of hijab. Hijab gives the women protection from sexual harassment so that she can undertake her duties outside the home without any fear. We learn from hadiths that women at the time of the prophet and the rightly-guided khulafahs were active participants in the community. They attended the mosque and even went to war. We know that they carried water for the fighters in the early battles of Badr and Uhud and also treated the casualties. Some wounded soldiers were treated and carried back to Madina by women. Women used to attend the religious classes held by the prophet alongside men. They found this inconvenient especially when they wanted to ask questions. They asked for their own day with the prophet and he granted their wish. Women were present and involved in both pledges of  'Aqaba. On one day of the eid after the prophet had delivered his sermon he moved to the area where women were and gave them a special address. A woman challenged Omar Ibn al Khattab in the mosque in Madina while he was speaking on the minbar. There are many such examples to prove that as long as they dress and behave with decency Muslim women can take part in the public life of the community.

 

SECLUSION, khalwat

Seclusion of a man with an unrelated woman, khalwat,  is a strong temptation for evil and should be avoided. The prophet forbade a man to be with an unrelated woman in the absence of a third person, la yakhluwanna rajulun bi imra at illa dhu mahram (KS 540: Bukhari K67 B111 & 113; Bukhari K77 B62; Muslim K39 H19 Q 32 & 33; Abudaud K31 B33; Abudaud K37 B53; Tirmidhi K10 B16 & 17; Tirmidhi K41 B40; darimi K19 B14; Muwatta K37 H5; Ahmad 1:18, 26, 222; Ahmad 2:171, 186, 213; Ahmad 3: 339, 446; Ahmad 4: 149, 153, 196, 197, 203, 205,; Ahmad 5: 300; Ahmad 6:152, 290, 318). When a man is in isolation with an unrelated woman shaitan is between the two and could lead them astray (hadith reported by Imaam Ahmad on the authority of Amir Ibn Rabiah). The Qur'an ordered men to talk to the prophet's wives behind a veil (33:35). The prohibition is so severe that even even some male relatives such as brothers, cousins, and nephews of the husband are included. (reported by Bukhari and Muslim).

 

THE GAZE

Lowering the gaze, ghadh al basar, is a strong measure of preventing zina. Looking at the opposite sex with desire is prohibited.  The eye is a great communication organ. The eye alongside other forms of body language can exchange lustful feelings between the two genders even if no speech is involved. The Qur'an ordered Muslim men and women to lower their gaze. Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: and Allah is well acquainted with all that they do. And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof. (24:30-31). Two aspects are covered in these verses: lowering the gaze and guarding the sexual organs. Lowering the gaze could be complete or partial. It is partial because of practical necessity. Guarding the sexual organs is complete. Lowering the gaze doses not mean closing the eyes. It means being careful not to look fixedly or lustfully at the opposite sex. Eyes commit minor zina by lustful looks according to a hadith of the prophet reported by Bukhari.

 

INDECENT EXPOSURE, tabarruj

Tabarruj is sexually provocative dress or behavior. affects the family negatively. It causes sexual stimulation that may lead to zina. It is a form of covert zina involving the eyes and other sensory organs. Tabarruj is especially forbidden for women whose husbands are absent (KS 540: Ahmad 6:19). One of the ways of preventing lustful looks is covering what is considered nakedness, ‘awrat. Both men and women must be modest by covering their awrat. Looking at the awrat of another person is forbidden whether that person is of the same or opposite gender. The prohibition includes both looking with or without desire (hadith reported by Muslim, Abu Daud, al al Tirmidhi). As part of preventing possible illegal relations, display of adornments that enhance natural beauty is restricted by the Qur'an: ‘ And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands their fathers their husbands' fathers their sons their husbands' sons their brothers or their brothers' sons or their sisters' sons or their women or the slaves whom their right hands possess or male servants free of physical needs or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.  And O ye Believers! turn ye all together towards Allah that ye may attain Bliss (24:31). ‘ O prophet! tell thy wives and daughters and the believing women that they should cast their outer garments over their persons (when abroad): that is most convenient that they should be known (as such) and not molested: and Allah is Oft-Forgiving Most Merciful. (33:59). Ornamentation should be confined to spouses within the household. It is offensive, amkruuh, for the woman to go out of her home in her ornamentation, karahiyat khurruj al mar at fi al ziinat (KS 539: Tirmidhi K10 B13). Covering awrat and hijab are customarily more emphasized more often in females than males. This had led to a mistaken impression that women need more control because they can not be mistrusted. Women and men in Islam are equally tempted by shaitan. The reason for the special emphasis on women's decent dressing and behaviour is to protect them from the sexual aggression of males.

 

EXPOSING AWRAT

Definition of awrat: There are basically 2 reasons for covering ‘awrat: (a) prevention of zina which destroys the family  (b) respect for the human being. The definition of what is awrat and should therefore be covered varies by gender and other factors discussed below. The limit of awrat in salat is the standard, hadd al ‘awrat fi al salat (KS 405: Bukhari K8 B10 and 12). Awrat should be covered al the time, satr al awrat fi kulli waqt (KS 405-406: Tirmidhi K41 B42; Ibn Majah K9 B28; Muwatta K49 H5; Ahmad 4:191). Exposure of awrat to others is generally forbidden, la tatula’u ahadukum ‘ala ‘awrat akhiihi (KS 405: Muslim K3 H74 and 78, Tirmidhi K41 B38, Ibn Majah K1 B137, Darimi K19 B23, Ahmad 2:187, Ahmad 3:63). It is forbidden for a man or woman to show  their awrat to any other person, man or woman, who is not a spouse except in cases of necessity or specific exceptions mentioned below. This is gleaned from hadiths of the prophet forbidding men and women from being naked in public baths (KS 405: Tirmidhi K41 B33; Ibn Majah K33 B38; Ahmad 3:262), covering awrat when bathing, and covering awrat when in the toilet (KS 405: Muslim K3 H79, Abudaud K1 B6,11, and 19; Tirmidhi K1 B10; Ibn Majah K1 B23 and 24; Darimi K1 B5 and 7). Once what is awrat is defined, then a person whether man or woman is allowed to look at the non-awrat parts of the body provided there is no lust in such a look. Thus innocent non-repeated or purposive looks are permitted. However when the looks are likely to lead to temptations then restrictions are imposed. Covering of awrat also includes making sure that the clothing does not define the underlying figure (33:59). What should not be seen should also not be touched.

 

Differences based on gender: the awrat of the man is different from that of a woman in some situations. In general the man's awrat is what is between the navel and the knee. Maliki scholars consider what is between the navel and above the knee since they do not include the knee as part of awrat. The woman's awrat is her entire body except the face and the hands. The face and hands of a woman are considered parts of the body that are normally exposed for the purposes of social interaction and working. Exposing the face helps in establishing identity so that a person can not misbehave in public in the confidence that no one will recognize her. This issue of identity is so important that in hajj where there are many people and establishing identity becomes even a more urgent requirement, it is strictly forbidden for a woman to cover her face. Women with other Muslim women could expose their head, hair, neck, and arms which are normally considered part of awrat. The rules about exposing awrat to a non-Muslim woman are the same as for the man.

 

Exceptions based on age: The rules of covering awrat are relaxed for the elderly who have already passed the age of sexual temptation, being tempted or tempting others (24:60). This however does not excuse them from being decent. Similarly the rules are relaxed for children who are not yet aware of sexuality.

Exceptions based on social status: There is relaxation about the awrat of female servants working indoors in the company of other women. They could expose what is normally forbidden if their work necessitates that. They could for example expose their head, neck, legs, and arms. The rules could also be relaxed in cases of blind men for obvious reasons. Some relaxation is also permissible for elderly male servants who on account of their age, social status, or physical disabilities are considered to have no sexual desires or sexual temptation.

 

Exceptions based on fear of temptation: It is considered decent for a man to cover his legs and also the upper part of the body although these are not part of the awrat. This is more urgent he is young and sexually attractive. A stunningly beautiful woman should cover her face while in public for her own protection from embarrassing gazes of on-lookers. Covering the face could also prevent some temptations. This should however be the exception rather than the rule. In the view of the increasing evil of homosexuality and lesbianism, the relaxation of rules if one is with members of the same gender should be re-examined.

 

Exceptions based on family relationship: Spouses can see each other’s awrat (KS 405: Tirmidhi K41 B22 and 39, Ahmad 5:3 and 4). The rules about looking at the awrat of women are relaxed for close relatives for whom there is no fear of sexual temptation on the basis of consanguinity. The exceptions are 12 in number: spouse, father, father of husband, sons, husband's sons (stepsons), brothers, brother's sons, sister's sons, other Muslim women, female servants, male servants with no sexual desire, and children who are not yet aware of sexuality. The woman can expose to the categories of persons above those parts of her body that must be uncovered for efficient performance of in-door work. Some scholars have interpreted this to mean what is between the navel and the knee. This is however a minority opinion. We feel that what is between the navel and knee can be exposed only to the husband.

 

The concept of hijaab, hijaab al mar at: The sunnat has given us the background reasons for revelation of the verses of hijaab, sabab nuzuul ayat al hijaab (KS 541: Bukhari K65 S2 B9; Bukhari K67 B68; Bukhari K70 B59; Bukhari K79 B10; Bukhari K97 B22; Muslim K16 H89, 92-95; Muslim K39 H81; Ahmad 3:105, 168, 195, 226, 236, 241, 246, 262; Ahmad 6: 223, 271; tayalisi H41). Hijab has great social, religious and political significance. A woman who refuses to display her beauty is making a statement that she wants to be looked at and treated as a person with intelligence and competence to contribute to society and not a body to be admired. Hijab is also a political statement by a Muslim woman that she is asserting the cultural identity of Islam and refusing to ride the bad-wagon of a Euro-American culture that is being imposed on the world. Hijab also has economic implications. A woman who covers her ‘awrat and does not display her beauty except inside her house is likely to spend less money on beauty products and fashionable clothing that are today a multi-billion dollar business.

 

 

B. SEXUAL PROMISCUITY

FORNICATION, zina

Consensual zina: Zina as a result of consensual understanding takes several forms and and has several causes. Married or unmarried people may be involved. Zina is severely prohibited in the Qur’an, tahriim al zina (p 544 4:24-25, 5:5, 17:32, 34:2-3, 25:68, 60:12). One of the signs of the approach of doomsday will be the appearance of zina (KS 264).

Prostitution: Prostitution is exchange of female sexual favors in return for some material benefit, monetary or otherwise. Forcing women into prostitution is forbidden (KS 264). Any earningd from zina are illegal (LS 264). Al baghyu (p 202 7:33, 16:90)

 

Adverse effects of zina: Sexually transmitted diseases increase in communities that allow zina. Out of wedlock births result into illegitimate children, walad al zina (KS 263), who live in physical and emotional deprivation because they have no family to look after them. They also are likely to grow into dysfunctional adults. Spread of zina also leads to family break-down through high rates of divorce.

 

C. ABNORMAL SEXUAL BEHAVIORS & PRACTICES

Homosexuality, jima’u al dubr: Sexual relations between a male and another male or between a female and another female are forbidden (KS 264). Sodomy is severely condemned and is forbidden by the Qur’an (p 1047-8: 7:80-84, 11:77-83, 15:57-77, 21:71-75, 26:161-175, 27:54-58, 29:26-29, 29:30-35, 37:133-138, 51:31-37, 54:33-40, 66:10). The Law prescribes the death penalty for anal intercourse, the act of the people of Luut (KS 263).

 

Trans-sexuality and transvestism: These behavioral disorders make fornication easier.

Masturbation, stimnaan: Masturbation is sexual self-stimulation that can be practiced by both males and females. It is generally considered offensive. Some jurists permit it in situations in which it can help prevent commission of the bigger crime of zina.

 

Copulation with animals: The Law prescribes the death penalty for sex with animals (KS 264)

 

abnormal/exotic sexual experiences:  Communities that are suffering from spiritual maladies seek exotic forms of sexual satisfaction and shun the natural ways.

 

D. ABNORMAL MARITAL ARRANGEMENTS

JAHILI MARRIAGE

Marriage in the pre-Islamic period was of 4 types (KS 546)

 

TEMPORARY MARRIAGE, mut’at

Temporary marriage was forbidden by the prophet (KS 549) and by Omar Ibn al Khattab (KS 549)

 

MARRIAGE WITH INTENTION TO DIVORCE

Some scholars have allowed this type of marriage. We consider it a mockery of marriage. Marriage must be a permanent institution for child-rearing and not a temporary form of relationship for mutual or one-sided physical enjoyment.

 

NIKAAH AL SHIGHAAR (KS 550):

This is a type of marriage in which males exchange their female relatives in marriage without paying them their mahr

 

LEGALLY INVALID MARRIAGE, NIKAAH BAATIL (KS 551)

A distinction must be made between an invalid marriage, nikaah baatil, and a defective marriage, nikaah fasid. Sexual intercourse in the former is zina whereas it is not in the latter. A defective marriage is recognized but it has some procedural defects that can be corrected.

 

E. SEX-RELATED CRIMES

RAPE, istikraah: KS 80

The death penalty is prescribed for a man who forces a woman into an act of involuntary coitus.

 

INCEST, ityaan al mahram

The death penalty is prescribed for cases of incest because it disturbs the regulations of intra-family interaction.

 

3.0 ADDICTIONS

A. CONCEPTS OF ADDICTION

Definition of khamr: Khamr is defined in the Law as any substance that causes intoxication, kullu muskir haraam (KS 218). What intoxicates in large amounts is haram in small amounts, ma askara kathiruhu fa qaliluhu haram. Thus the term khamr covers alcohol, illicit drugs, and all other psycho-active substances.

 

Definition of drug dependence: Drug dependence is of two types: (a) physical dependence and (b) psychological dependence

 

Definition of drug addiction: Addiction is inability to control use of a drug. It is enslavement to a habit (good or bad) through loss of self-control

 

Types addiction: (a) innately bad:  nicotine, drugs (alcohol, opiates, sedatives, marihuana, amphetamine, cocaine, caffeine), gambling, lahw (b) good innately but become bad due to excesses, sports, halal food

 

Stages of the addiction process: Habit, psychological dependence, physiological dependance

 

Consenquences of addiction: Poor health, psychiatric complications, crime, and violation of diin. All what into leads to haram is haram.

 

B. NON-ALCOHOLIC DRUG ADDICTION

Nicotine addiction: Nicotine addiction is a type of drug addiction.

 

Addiction to other drugs: narcotics & sedatives

 

Prevention and treatment of drug abuse: Treatment of drug addiction: internal measures:  taqwa, ibadat, dihkr. External measures: education, rehabilitation. Prevention of drug abuse

 

C. ALCOHOL ADDICTION

Definition of alcohol: Intoxication p 579 4:43, 15:72, 16:67, 22:2

Materials from which khamr is made (KS218)

 

Balance of harm and benefit: Khamr has sins and benefits (P 405 2:219, 16:67)

Khamr is a disease (KS 218)

 

Harm of alcohol: Sins as a consequence of khamr (KS 218). Khamr is the key to sins, al kahmr miftaah al shuruur (KS 217). Who drinks khamr on earth will not drink it in the hereafter (KS 218). Allah cursed khamr, its drinker, its brewer, and its seller (KS 218). An addict to khamr is like a worshipper of idols (KS 218). The recompense of a drinker of khamr is jahannam (KS 218). Punishment of drinker of khamr on the last day (KS 218). Iman is taken away during the time that a person is drinking khamr (KS 218). The salat of a drinker of khamr is not accepted (KS 218). Drinking khamr is one of the signs of impending doomsday (KS 218)

 

Prohibition of alcohol: Khamr was prohibited 3 times in the Qur’an. Prohibition of khamr was gradual (p 405 2:219, 4:43, 16:67. Reason for prohibition of khamr (p 405 4:43). Khamr was poured in the market of Madina when the order of its prohibition was known (KS 218). Declaration of the prohibition of khamr (KS 218). Sa’ad Ibn Abi Waqqaas and the reason for prohibition of khamr (KS218). The final prohibition of khamr (P 405 5:90-91)

 

Some people call khamr by another name in order to make it halaal (KS 218).

 

Prevention and treatment of alcohol addiction: The taubat of the drinker of khamr (KS 218). Prohibition of trading in khamr (KS218). Offensiveness of selling dates to one who will make khamr out of them (KS218). Prohibition of sitting at a table at which khamr is serves (KS218)

 

D. OTHER FORMS OF ADDICTION

Addiction to gambling

Addiction to music

Addiction to power

Addiction to fame

Addiction to sports

Addiction to food

Addiction to sex

 

4.0 POVERTY

A. NATURE and CAUSES OF POVERTY

NATURE OF POVERTY

The Qur’an has used the following terms to refer to poverty: faqr, masknat, ‘imlaaq. Shaitan uses fear of poverty to frighten and control people, al shaitan ya’idu al faqr (p 904 2:268). Humans fear poverty, khawf al faqr (p 904 9:28). Poverty can be a form of punishment, al faqr ka ‘iqaab (p 904 2:61, 3:112). For example Allah imposed poverty on the Jews for their disobedience, dharab al maskanat ‘ala al yahuud (p 1115 2:6, 3:112). Poverty, faqr, has its own merit, fadhl al faqr (KS 512). The majority of the inhabitants of jannat will be the poor, akthar ahli al jannat al fuqara (KS 512). The poor will enter jannat before the rich (KS 512).

 

CAUSES OF POVERTY

Family break-down, qati’u al rahim: In any one extended family, there are enough resources to take care of all the members. When the family relations are broken, some members of the family fall into poverty and find nobody to help them. Thus the problem is not lack of resources but poor distribution. Failure of mutual self-help, takaful, at the family level can be mirrored at community, national, and even ummatic levels.

 

Non-payment of zakat: If all the wealthy paid their zakat in full and if zakzt was spent as stipulated in the Law, a lot of poverty would have been eradicated.

 

Social injustice: Defined social groups are trapped in poverty due to discrimination, exploitation, and lack of opportunities.

 

Physical disasters: earthquakes, floods, drought, and diseases can throw people who were self-supporting into poverty and need for a temporary period but sometimes for a long time.

 

B. EFFECTS OF POVERTY

HEALTH and LIFE

Lack of resources is associated with malnutrition and ill-health. Medical care is not accessible and not affordable.

 

HUMAN DIGNITY

Poverty saps and eventually destroys human dignity and a sense of self-worth. They are replaced by a feeling of despair and loss of hope.

 

SINNING

Extreme poverty so undermines a person’s self-confidence and assertiveness, that resistance to sin is decreased. Attempts to make a living may lead a good person into the hands of wrong persons who lead him to crime.

 

CRIME

Some cases of crime are due to deprivation. People resort to crime to satisfy their basic human needs.

 

SOCIAL INSTABILITY

A society that has a segment of its population living in poverty and want can not be stable or peaceful. The deprived nay resort to force to bring about a social change and a new social order that may be more equitable.

 

C. MITIGATION OF POVERTY: SOCIAL WELFARE, takaful ijtimae:

PRINCIPLES

The Qur’an has taught many ways of mitigating or eradicating poverty, ‘ilaaj al faqr (p 904-905: 2:83, 2:177, 2:183, 2:215, 2:271-273, 4:6, 4:8, 4:36, 5:89, 5:95, 8:41, 9:60, 17:26, 18:79, 22:28, 22:36, 24:22, 30:38, 51:19, 58:4, 59:7-8, 69:34, 70:24-25, 74:44, 76:8, 89:18, 96:14-16, 93:8, 93:10, 107:3).

 

TARGET GROUPS:  THE WEAK AND NEEDY

Maskiin: The term maskiin has been used extensively to refer the needy. Believers are ordained to be good to the miskiin, ihsaan al miskiin (p 1115 2:83, 4:36), to spend their wealth on them, al infaaq ‘ala al miskin (p 1116 2:177, 2:215, 4:8, 8:41, 9:60, 17:26, 24:22, 30:38, 59:7),  and to feed them, it’aam al miskin (p 1115 69:34, 74:44, 76:8, 89:18, 90:14-16, 107:3). Feeding the miskiin is expiation for sins, it’aam al miskin kaffarat (p 1115 2:183, 5:89, 5:95, 58:4, KS 511), it’am al miskin fidyat (KS 511). Feeding the maskin cures hardness of the heart, it’aam al miskin shafaa’u qaswat al qalb (KS 511). Effort to help the maskin is akin to jihad, al saa’I ‘ala al miskin ka al mujahid (KS 511). The miskin has specific rights in wealth, haqq al miskin (p 1119 17:26, 30:38). These rights may be in the fifth of the war booty, haqq al miskin fi al khums (p 1119 8:41), zakat al maal (p 1119 9:60), and property of the enemy abandoned without fighting, fay’u (p 1119 59:7). Severe punishment is reserved in the hereafter for those who deny the miskin the help they need, ‘uqubat hirmaan al miskin (p 1119 68:23-26, 68:30-34, 74:42-46, 107:3). Help for the miskin should not await until they ask because some of them are shy, al miskin yastahi (KS 511).

 

Faqiir: The term faqiir and miskin have been used in the Qur’an sometimes interchangeably. Scholars of tafsir can explain the differences between them. For practical purposes we can treat the terms to have the same meaning.

 

Orphans and widows:

 

The elderly: elderly: duties to parents, rights of parents

 

NEEDS:

The main types of needs are: food, shelter, clothing, medical care, and education.

 

TYPES OF CONTRIBUTIONS:

The main avenues of contribution are: zakat al mal, zakat al fitr, and sadaqat al tatawu’u, kaffarat, adhahi,  ‘aqiiqah, and waqf.

 

INSTITUTIONS INVOLVED IN SOCIAL WELFARE:

Extended family:  Islam emphasizes the importance of silat al rahim to play a role in mutual self-help within the extended family. Good treatment of parents, birr al waalidayn, is part of family mutual self-support.

 

Waqf institution: Endowments, awqaf, are a source of continuous and predictable help because the principal stays untouched and only the profits are used. Making an endowment is an act of ibadat and is a source of ajr even after death. Allah is the owner of the endowment; the administrator is a mere custodian. The proceeds of an endowment are disposed as endower ordered

 

Government: the state has some responsibility for social welfare.

Social insurance: Health and life insurance are new forms of protecting people from poverty due to unforeseen circumstances. Their legality needs to be reconsidered in the light of the Law.

 

D. ERADICATION OF POVERTY

INTERNATIONAL ACTION

Equitable distribution of the world resources will eliminate much of the poverty existing at the moment. However concerted international action is not possible.

 

GOVERNMENT

The primary role of the government is to ensure just economic distribution, employment opportunities, infra-structure, and a non-riba economy

 

COMMUNITY

Conditions of peace and stability will enable the community build safety nets for the most vulnerable citizens.

 

FAMILY

Stability and continuity of the nuclear family protects children from poverty.

 

MIGRATION

Open migration will enable people to move from places with no economic opportunities to others where they can help themselves.

 

E. MISUSE OF WEALTH, taraf

The Qur’an has discussed taraf in many verses (p. 233 11:116, 17:16, 21:13, 23:33, 23:64-67, 34:34-35, 43:23, 56:45). Waste of food. Hedonistic entertainment.

 

5.0 VIOLENCE

A. TAKING LIFE

SUICIDE

Taking one’s life is a major sin that takes a person to hell (KS 432) and away from jannat (KS 432). Salat al janazat is not offerred for a suicide victim (KS 432).

 

HOMICIDE

Any form of harm to others is forbidden, yahrumu al dharar bi al akhariin (p 725 2:231, 2:223, 2:282, 4:12, 9:107). This may be spilling blood, safak al ddam (p 430 2:30, 2:84) or other forms of physical harm such as beating, dharab (p 728 4:34). Killing a human without valid reason is forbidden, tahrim qatl al nafs illa bi al haqq (p 914-915: 2:30, 2:72, 2:84-85, 3:21, 3:112, 3:181, 3:183, 4:29, 4:92-93, 4:155, 5:27-32, 6:140, 6:151, 17:31, 17:33, 18:76, 25:68, 40:28, 60:12). The Qur’an condemned the killing of prophets by the Jews (p 913 2:61, 2:87, 2:91, 3:21, 3:112, 3:181, 3:183, 4:155, 4:157, 5:70, 7:150). Homicide is a major sin (KS 242) being among the 7 worst sins, al sab’at al muubiqaat (KS 242). The reward of deliberate killing of a believer is hell (KS 432). Retaliation (life for life) is a deterrent (KS 432)

 

GENOCIDE

Genocide is wholesale killing of people because of race or other distinguishing characteristic for example the genocide of Banu Israil in Egypt.

 

TORTURE

Human torture is common. Opponents or those with different ideas are often victims of torture. Even criminals may be tortured beyond the the legal punishment. The Qur’an condemned the killing of believers at the trenches, ukhduud (p 914 85:4-8).

 

CRUELTY

Humans throughout their history have displayed levels of purposeless cruelty to one another that is not found among animals. The weak in the society have often been victims of this cruelty.

 

B. ABUSE OF WOMEN

POSITION OF WOMEN BEFORE ISLAM

We learn from books of siirat about the poor status of women on pre-islamic Arabia, maqaam al marat fi al jahiliyyat (KS 541, p 1101 4:19, 4:22, , 6:139, 6:140, 6:151, 16:58-59, 43:17, 81:8-9). This included: denial of the right to life for the women in the pre-Islamic period, hirman al marat min al hayat t (p 1102 6:140, 6:151, 16:58-59, 81:8-9), denial of the good things of life from the woman, hirmaan al marat min al tayyibaat (p 1102 6:139), despise of the woman in the pre-Islamic period, idhlaal al marat (p 1101 16:58-59), considering a woman as a bad omen, ‘add al marat ‘aaran (p 1102 16:85-89, 34:17), inheriting the woman like a piece of property, tawriith al maraat ka al mutaa (p 1102 4:19), and sadness at the birth of a girl, huzn ‘inda wiladat al untha (p 1101 16:58-59, 43:17). The fate of the Quraishi women was worse than that of Ansari women (KS 541). The woman was also mistreated in pharaonic Egypt, al mar at inda al fa’inat (p. 1101 2:49, 7:127, 7:141, 14:6, 28:4, 40:25). The low and despised position of women exposed them to violence at home and outside the home.

 

GOOD TREATMENT OF WOMEN IN ISLAM

Islam protected the rights of the woman. It raised the woman’s status, rafi’u al dhull ‘an al mar at (p. 1098 16:58-59). It acknowledged the physical weakness of mothers, istidhi’aaf al wildaan (p 1324 4:75, 4:98, 4:127) necessitating special protection for them. Killing the woman was forbidden, tahrim qatl al marat (p 1092 6:140, 6:151, 16:58-59, 17:31, 60:12, 81:8-9). Good treatment of women was ordained, istawsu bi al nisaai khayran (KS 541). Making fun of women was prohibited, nahy ‘an al sukhriyyat bi al maraat (p 1104 49:11). Abuse of women can be physical, psychological, sexual, or emotional.

 

C. VIOLENCE TO CHILDREN

FETICIDE

Any action that kills or causes harm of any kind to the fetus in utero is forbidden by the Law.

 

INFANTICIDE

Ancient and modern societies have practiced infanticide for various reasons. The pre-Islamic Arabs killed their children for fear of poverty, wa ad al atfaal khashiyat ‘imlaaq (p 914 6:137, 6:140, 6:151, 17:31, 60:12, 81:8-9; (p. 1297: 16:58-59, 81:8, KS 575). The Paharohs killed male infants among the children of Israel (p 914 2:49, 7:127, 7:141, 14:6, 28:4, 28:9, 40:23-25). Mistreatment of the infant (KS 577)

 

UNEQUAL TREATMENT OF CHILDREN

Female children are treated less than males. Islam ordained good treatment of girls (KS 575). Justice in giving among children (KS 76) was ordained such that some do not feel less loved and desired.

 

PHYSICAL ABUSE

Children are victims of neglect, poor care, beating and torture.

 

SEXUAL ABUSE

Various forms of child sexual abuse are practised: child prostitution, under-age marriages etc

 

D. ABUSE OF THE ELDERLY

OLD AGE AND WEAKNESS

Old age, shaikhuukhat (p. 1656 3:40, 11:72, 12:78, 16:70, 19:4, 22:5, 26:171, 28:23, 30:54, 37:135, 40:67), is a period of physical weakness.

 

RIGHTS OF THE ELDERLY

Respecting the rights of the elderly (KS 576)

 

GOOD TREATMENT OF PARENTS

Good treatment of parents is one of the best acts infront of Allah (KS 247). It has special rewards (KS 247). Special treatment for the father and the mother (KS 247). If every offspring treated the parents well, there would be no parents mistreated in the world.

 

BAD TREATMENT OF PARENTS

Cursing or mistreating parents is one of the major sins (KS248) and is accompanied by severe punishment (KS 248). It is rare for a person to curse their own parents; they may however curse parents of others who retaliate by cursing their patents.

 

PRAYERS OF PARENTS

Allah answers the prayer, dua, of a parent against a child (KS 248)

 

E. OTHER FORMS OF VIOLENCE

ACCIDENTS

Fire should not be left alight when sleeping (KS 533)

Taking precautions

 

WAR

Prohibit illegal wars

No harm to non-combatants

 

ARMED ROBBERY

 

SPORTS

Some sports are very aggressive physically for example boxing and wrestling. Some sports are very risky like climbing, gliding, and skiing.

 

OCCUPATIONAL EXPOSURE

Professor Omar Hasan Kasule Sr. September 2000