Islam is a revolution in education, social development in Arab countries, that many changes to eliminate discrimination and promote human rights on the basis of equality and justice has known. But unfortunately, there are now granted some traditional and cultural practices in different Muslim societies that deprive women of certain rights of Islam. This discrimination starts even before the birth of a child (eg abortion if the child is waiting for a girl) and continue along the parenting and beyond. Heritage education, freedom of choice and opinion research, the level of humility and tolerance are both based on the same type as the mother’s desire, a son of a respectable status in the family. In this article, important perspectives on Islamic-raising a little girl into a woman who is not currently in many Muslim societies due to lack of knowledge or lack of sincere intent.

Hasan A. Yahya, Ph.D

Racism in its perfect sense: The spirit and reality of Islam in the Muslim world, I read this report news lately in a leading USA media journal, and I like to make a comment on that segment. In the April 9, 2002 issue, The Wall Street Journal published the concept of blood money in Saudi Arabia. If a person has been killed or caused to die by another, the latter has to pay blood money or compensation, as follow. 100,000 riyals if the victim is a Muslim man 50,000 riyals if a Muslim woman 50,000 riyals if a Christian man 25,000 riyals if a Christian woman 6,666 riyals if a Hindu man 3,333 riyals if a Hindu woman According to this hierarchy, a Muslim man’s life is worth 33 times that of a Hindu woman. This hierarchy is based on the Islamic definition of human rights and is rooted in the Quran and Sharia (Islamic law). How can we talk of democracy when the concept of equality in Islam is inexistent? Comment: Islamic Law (Shari’ah) does reflect on racism, discrimination, and prejudice, Islamic law deals with all people on equal basis. History of Islam shows many incidents were two people of different statuses to sit beside each other in the court, no privileges may be given for a social status or age, or sex, or belief. This Islamic law, The story above is cultural Bedouine rule in certain places in Saudi Arabia, but it is not a Shari’a Law. You cannot criticize a whole religion for human practices of cultural norms. Islam is a perfect constitution for humans anytime and everywhere, I wish the Wall Stree Journal read more about principles of Islamic Shari’ah Law and Islamic ethics, which I believe is ignored by many people who consider themselves journalists or editorial writers. Jews for instance for a long time consider women as sinners and isolated from social life when they have PMS or after birth. Cultures cannot be blamed for religion followed by the community. In the medieval age, the church was publicizing the idea that the Earth is the center of the universe and every thing moves around it. While nothing in Christianity shows that idea as true. As intellectuals and thinker, we in fact, astonished from such practices, which cover many areas of many cultures. Research have to be initiated to abolish such habits which negate basic human rights. Hasan Yahya is a columnist at wfol.tv, Malaysia and TINA International News Agency, Chicago, USA. www.hasanyahya.com

On account of a fundamental rule of inheritance under Muslim law that “a nearer in degree excludes the more remoter” the children of a predeceased son or daughter can not inherit the property of their grandfather or grandmother who is survived by a son or sons. All the schools and sub-schools of Islamic law unanimously accepted this fundamental rule. So it is evident that in the opinion of Islamic jurists the provision of representation in respect of inheritance is absence in Muslim law. As under this principle grandchildren are excluded from inheritance, different Muslim countries of the world attempted to solve this problem by taking various devices.

In Syria and morocco the children of a predeceased son who would be excluded from succession  under sharia  law ,are now entitled to either the share of their father which they would have taken ,had he survived the propositus or one third of the net estate ,whichever is  less .But till now no provision has been made for the children of the deceased ‘s daughter.

In Egypt the children of a predeceased son or daughter is entitled to  the share of their parent which they would have received ,had  he or she survived the propositus ,but within the maximum limit of one third of net estate.

Some Middle Eastern countries have adopted the device of ‘obligatory bequests’. In Libya the will act 1994 introduced obligatory bequest for orphaned grandchildren through predeceased sons. But Bangladesh and Pakistan have accepted the rule of representational succession for the orphaned grandchildren. Section 4 of Muslim family law ordinance1961 provides;

In the event of the death of any son or daughter of the propositus before opening of succession ,the children of such son or daughter ,if any ,living at the time of succession opens ,shall per stirpes receive a share equivalent to the share which such son or daughter ,as the case may be ,would have received if alive.’

According to this section a grandson or granddaughter represents his or her father or mother at the time of death of grandfather or grandmother and inherit what their parent would have inherited if alive, it is called representation. So representation means a more distant relative steps into the shoes of a nearer relative (e.g. a son representing his father) and inherits in an identical manner to the individual he represents. This doctrine of representation has brought in some cases caustic injustice to some heirs of the deceased .For the better understanding the latent injustices in section 4 of MFLO; we can discuss it by giving some examples;

Firstly; a dies leaving behind one daughter and one son’s daughter. So under Islamic law of inheritance daughter gets three-fourths and granddaughter gets one –fourth but according to this ordinance daughter gets one-third and granddaughter gets two-thirds. Only this single injustice upsets the whole community. Here both the heirs are female one is one degree nearer than the other one but nearer gets half of property of remoter. Do you think it is justice?

Secondly; under the ordinance the doctrine is applied only for the descendents of the deceased. It means the entire property which the deceased son would have inherited, if alive, goes to his children, depriving his wife and other relatives. For example; A dies leaving B, a son and D a grandson from predeceased son C and C’ s wife E. Here the property will be divided into two. B gets half and the rest half goes to D. So E is completely deprived .Is it justice?

Thirdly; the propositus dies leaving a daughter of a predeceased son and a full brother. Under MFLO, the entire property goes to son’s daughter and she completely excludes full brother. Is it not injustice?

Fourthly, Son is duty–bound to maintain his father but son’s son is not obliged to maintain his grandfather .So equal distribution among son and grandson is not justice.

Although section 4 of MFLO protected the right of grandchildren yet for the abovementioned injustices to the heirs it should be amended.

References:

A Text Book On Islamic Law– Dr. Muhammed Faiz-ud-din.

Shariah Law and Society– A.M.Siraj uddin.

Principles of Mahomedan Law– D.F. Mulla.

The Muslim Law of India– Tahir Mahmood.

Muslims are demanding for Sharia law in UK. Muslim schools in India are dictating Fatwa not to recite country’s patriotic national song. French Muslim team refuses to play gay rivals. After so many such instances one is forced to cogitate why Muslims are ghettoing themselves in non Muslims countries? Why in each way of life Muslims have a different approach? After many rigorous debates with my friends I have come to 11 rationales why Muslims can’t live peacefully in non Muslim countries.

Theologically – No, Because their allegiance is to Allah and not even mother India that’s  why Deoband prohibited  Muslims to recite Vande Mataram by dictating  a Fatwa.

Religiously – No, Because no other religion is accepted by Muslims. And those who are non Muslims are infidels and destined to be annihilated.

Socially – No, Because they are prohibited to greet someone with Namaste or Namaskar as it is against Muslim laws to bow someone other than Allah.

Economically – No, Because Muslims are prohibited to take interest (reba) on debt and can’t invest in the stock markets.

Constitutionally – No, Because they do not believe in constitution of the country but Sharia laws. If a woman takes ride to someone other than his father or husband and if being raped, it is not the fault of rapist but the moron lady’s why she took the ride? And it the lady who is chastised not the rapist.

Politically- No, Because their adherence is to the five pillars of Islam and the Quran and not towards their country and its functionaries.

Doctrinally – No, Because they must submit to the mullah and ulemas who teach annihilation of all infidel nations till they become Muslims.

Domestically – No, Because they are instructed to marry four women and also allowed to whip their wives even if the husbands merely fear high handedness in their wives.

Intellectually – No,  Because girls have strict edicts to wear Hijab and not to mingle with any other man except their  father or brother or husband.

Philosophically – No, Because Islam and the Quran do not allow freedom of religion and expression.

Revelry- No cause they can’t drink wine and in the month of holy Ramdan not even outside food and how can one party without wine and dine?

After 9/11 there is a steep change in the minds of Muslims and as they are feeling more insecure and more isolated, they knowingly or unknowingly stepping towards such a path that is only augmenting their fanaticism and intolerance towards non Muslims. Bolstered by colonial oppression by the western states and post colonial betrayals by military rulers (As is the case of Pakistan, Iraq and other small African countries) and further backed by the fanatic theories of Saudi Islamic schools, Muslim society is feeling themselves in quandary over religion and to a response they are opposing each and every nook that they do not find appropriate according to Quran. This is the time when Muslim laureates should come forward and propagate the peaceful cohesion of thoughts and ideas. A more hierarchical preference is a need for cultural reform, so that they can become more in line with the liberal values of equality, freedom and brotherhood. This is the time to choose whether religion or humanism. If Muslim society gives preference to the latter one only then these 20% humans can live with the rest of the society cordially.

There are several edicts in Hinduism and Christianity that also propagate fanaticism but still major chunk of Hindus and Christians are liberal and tolerable to others ideas and thoughts and this is what Muslims should follow for the betterment of Muslims and for the betterment of 6 billion humans.

SOURCES OF MUSLIM LAW

Muslim Law is a religious law and it is applicable to a person, who is Muslim either by birth or by proselytization. However, Islamic law is based on man’s duties or obligations rather than on his rights. Islamic law is a branch of Muslim theology, giving practical expression to the faith, which lays down how a Muslim should conduct in accordance with his religion, both towards god and towards other men. According to prophet Mohammad, the Muslim law is commandment of God and the sovereigns in the Muslim states and it is his (Muslim’s) duty to follow it literally.

Nevertheless, if we give a few moments over the word Islam – it means ‘total surrender of oneself to God’, and its follower i.e. Muslim – means, ‘who submitted himself to God.’

Sources

1. Quran : The sacred book of Muslims meaning “recitation” contains the word of God, being the inspired utterances of the prophet Mohammad. It is basically lectures of prophet Mohammad which had been written by his disciples, during his life time (570 – 632) itself. Quran has 114 chapter (Suras), under which there are 6236 versus (ayat).

However, it is a moral guideline and portrays Islamic principles and values.

2. Sunna : It is a paragon of prophet’s conduct means prophet had decided meaning question from case to case and the collection of his words and deeds captured in writing which is known as Sunna or traditions. Subsequently, the Sunna or traditions which is nothing other than rules of law, gave the platform for the development of Islam.

3. Ijma : Part of Islamic law developed through consensus of opinions of scholars over legal issues.

4. Qiya : Simply, it is the procedure of analogical deductions from the first three (given above).

5. Customs (Urf) : Do not keep much meaning, but of course, an important source of law.

Besides, there are some terminologies and essential practices define Muslim law viz. …

1. Fiqh (Jurisprudence) ‘Intelligence’, it is the knowledge of one’s rights and obligations derived from the Quran or the Sunna of the prophet or consensus of opinion of scholars or analogical deductions.

2. Fiqih : Simply means ‘jurist’, who has the prowess of independent judgment.

3. Shariat : The Cannon law of Islam, contains infallible guide to ethics and deals fundamental doctrine of duties and obligations .

Essential Practices :

1. Shahadah : is fundamental creed of Islam.

2. Salah : is a ritual prayer.

3. Zakat : is religious obligations to give alms, one who afford it.

4. Sawn : is the practices of fasting during the month of Ramjan.

5. Hajj : every Muslim who can afford should visit the city of Mecca at least once in life.

Moreover, Muslim law is a religious law which deals all aspects of life i.e. from daily conduct and behaviours of one’s life to State matters such as governance, foreign relations etc.