ABDUR RAHMAN I. DOI (1933-1999) Presented by HamizahHamzah NurRosyada Ismail Azimah Mohamed NurulNajmiNajimudin Edited by Dr. Md. MahmudulHasan International Islamic University Malaysia 2011
Biography • AbdurRahman I. Doi was born in Ahmadabad, India in 1933. • He started his early education in Madrasa. • Then, he secured his B.A.(Hons.) and M.A. in the first class from the University of Bombay and was awarded a gold medal. The University granted him a merit scholarship to join the University of Cambridge as a research scholar. • In England, he had enormous opportunity to work on Arabic and Islamic manuscripts deposited in various libraries.
He obtained his Ph.D. in 1964. • He also revived the Muslim Student’s Association of the University of Cambridge, as it was lying dormant for many years after Sir Muhammad Iqbal’s departure. • He died on 8 Dhul-Hijjah 1419 (26 May 1999) in Madras, and left behind his wife, two sons and a daughter. • He held positions at the Ahmado Bello University, Zaria, Nigeria, the International Islamic University of Malaysia and the Rand Afrikaans University in South Africa, where he also established the Dar as-Salaam Islamic Research Center.
Contributions & Works • In 1965 he redesigned the syllabus of Islamic studies for the University of Nigeria, Nsukka. There he produced multiple works on African societal studies, such as: Nigeria: A Case Study, Islam in Nigeria; ShehuUthman Dan Fodio: The Great Mujahid and Mujaddid of Africa. • Some of his other works are: Non-Muslims under Shariah, The Cardinal Principles of Islam, Women in society and Women in the Qur’an and Sunnah.
Overview • Shariah literally means ‘the way to a watering place’ and generally it means a path to be followed. • It is the path shown by God through Prophet Muhammad (peace be upon him). • Muslims are obligated to strive for the implementation of that path, as verse 2:18 of the Qur’an states: “We made for you a law, so follow it, and not the fancies of those who have no knowledge”.
Shariah involves 4 kinds of rights and obligations : • The Rights of God (Huquq-Allah) • The right of an individual towards himself (Huquq-al-Nafs) • The rights of all human beings over him (Huquq-al-Ibad) • Putting to proper use God’s resources (KhalifatAllah’alalard) and things that He provides for us as the responsibility of Vicegerent of God on earth.
Characteristics of Islamic Law • Human rights in Shariah have been granted by God and not by any legislative assembly or any king or emperor. • The main sources of Islamic law are al-Quran and Sunnah. Ijma’(the consensus of the opinion of the learned jurists) and Qiyas (analogical deduction). • It regulates not only the conduct of the Muslim state with other states but also the relationship of non-Muslim states and non-Muslim individuals living in the Muslim state. • There is no distinction of race, religion, citizenship, economic status or personal capabilities. All of them are the same as legal entities in Islamic law.
Non Muslims are classified into the following types: • The dhimmis are the people of the book (whose religions are based on divine books), Christians and Jews, who live in an Islamic state. • The conquered people refer to non-Muslims who fought against Muslims until they were defeated and were overpowered. • Non-Muslims who happen to be residing in the Muslim state as its citizens. • Non-Muslims residing temporarily in a Muslim country (tourists). • Non-Muslims who have opted voluntarily to live in a Muslim state.
Non-Muslims Rights • Freedom of religion: “Let there be no compulsion in religion: Truth stands out clear from Error” (Qur’an, 2: 256). • Caliph Omar visited Jerusalem. Then, he went to the Temple of David, the biggest Christian Church in his way in accompanying a priest. When they arrived, the priest asked him to perform prayer there. Caliph Omar says no and the priest was surprised. Then, he explains “If I do pray at the church, I am afraid the Muslims may, one day, make this an excuse for taking over the church from you. Priest admired Caliph and Muslims. • Non-Muslims have rights to build their own places of worship, such as: church, temple and synagogue.
The rights of Non-Muslims in the funds of Bait al-mal of Muslims • Reported by Abu ‘Ubaid from Said bin al Musayyab: Messenger of God gave charity to the families of Jews, since it is permitted for them. • Omar al Khattab, second caliph just returning from Damascus and saw some Christian lepers in his way. He then ordered that they should be given Sadaqah(charity) and stipends from the public treasury. • Malaysia consists of Malay, Chinese and Indian. In this situation, Chinese and Indian have the rights to receive the funds from the Muslim Malays.
3. Political Freedom The political freedoms that Islam has granted to the Ummah are: • the right of the Ummah to elect their caliph, ruler or government. • The right of the Ummah to watch and criticize the actions of the caliph, ruler of the government, if necessary. • The right to dismiss their ruler.
4. The payment of jizyah • Jizyah means a reasonable tax that a non-Muslim citizen is required to pay. • The amount of jizyah must be reasonable. • Prophet Muhammad said that the taxes must not be levied beyond the capacity of non-Muslims. He states: “Whoever oppresses a non-Muslim subject or taxes him beyond his capacity, then I shall be the opposite party to him in the litigation”.
The poorest, handicapped, lunatics and old people who had no wealth or any source of income were exempted from the payment of Jizyah tax. • The Muslims ruler must return the Jizyah if they fail to protect the life and property of the non-Muslims.
The Outlines of Fiqh and Its Sources • What is Fiqh? • Fiqh is defined as ‘knowledge of the rules of God which concern the actions of persons who are themselves bound to obey the law respecting what is required, forbidden, recommended, disapproved or merely permitted.’
A) The sources of Islamic Fiqh • There are four main sources of Islamic Fiqh: • Qur’an • Hadith • Ijma’ • Qiyas • The Qur’an • The Book of God which reveals the virtues of acting according to the way of God and of regarding this world as a stepping stone to the next world.
Qur’an provides the code of ethics for the individual, society and the structure of an Islamic commonwealth. • Hadith • The traditions of the Prophet (peace be upon him) which have come down to us through the most reliable chain of transmitters going back to what the companions had heard and witnessed from the Prophet himself.
Ijma’ • Ijma’ means the agreed view of the Companions of the Prophet of Islam and later it signigies the unanimous consensus of the learned scholars of Islam. • Ijma’ literally means “collecting” or “assembling”; and from the point of view of Islamic fiqh it is the unanimous consent of the Mujtahidun. • Qiyas • Qiyas means “to compare” but according to Islamic fiqh it is the analogical reasoning of the learned with regard to the Qur’an and hadith and Ijma’.
There are four conditions of Qiyas: • The percept or the practice on which it is founded must be common and not of special application. • The cause of the injunction must be known and understood. • The decision must be based upon either the Qur’an, hadith, or Ijma’. • The decision arrived at must not be contrary to anything declared elsewhere in the Qur’an or hadith.
b) The Fuqaha’ and their search for divine guidance • Some of the principles about the persons who are worthy of the task. • The real Faqih who desires to understand the Qur’an should be a strong believer in God and His Messenger. • He should be a God-fearing and righteous man who really discriminates the right and wrong, good and evil. • He should be righteous and approach the Qur’an and hadith with the right mental attitude to understand their deeper meaning.
The seeker of the truth should have firm belief in the unseen (Ghayb). For example, belief in God, angels, revelation, hereafter, etc. • One should be able to put teachings of Islam into practice. For instance, obligatory practices such as salah (prayer), siyam (fasting), zakat (obligatory charity), hajj (pilgrimage), etc. • The real Faqih should have firm belief in the Divine Revelation for receiving divine guidance.
No difference between men and women: “And for women are rights over men similar to those of men over women” (Qur'an, 2: 226). • Equality of men and women in regard to their respective duties, rights, virtues and merits. “For Muslim men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in God's praise, for them has God prepared forgiveness and great reward.(Qur'an, 33: 35)
Women have souls in exactly the same way as men and will enter Paradise if they do good: “Enter into Paradise, you and your wives, with delight” (Qur'an, 43:70). “Who so does that which is right, and believes, whether male or female, him or her will We quicken to happy life” (Qur'an, 16: 97) • Islam regards men and women as being of the same essence created from a single soul: “O humankind! Reverence your Guardian-Lord, who created you from a single person, created, of like nature, his mate, and from this pair scattered (like seeds) countless men and women. Reverence God, through Whom you demand your mutual (rights), and reverence the wombs (that bore you); for God ever watches over you” (Qur'an, 4: 1). “They (your wives) are your garment and you are a garment for them” (Qur'an, 2: 187).
Islam does not consider woman ‘an instrument of the Devil,’ but rather the Qur’an calls her muhsana– a fortress against Satan – because a good woman, by marrying a man, helps him keep to the path of rectitude in life. “And among His signs is this, that He has created for you mates from among yourselves, that you may dwell in tranquility with them; and He has put love and mercy between you. Verily in that are signs for those who reflect” (Qur'an, 30: 21). The Prophet (peace be upon him) said: “When a man marries, he has completed one half of his religion.” He enjoined matrimony on Muslims by saying: “Marriage is part of my way of life and whoever keeps away from my way is not from me (i.e. is not my follower).”
Prophetic quotes: “Fear God in respect of women.” “The best of you are they who behave best to their wives.” “A Muslim must not hate his wife, and if he be displeased with one bad quality in her, let him be pleased with a quality that is good.” “The more civil and kind a Muslim is to his wife, the more perfect in faith he is.” “One who makes efforts (to help) the widow or a poor person is like a mujahid (warrior) in the path of God, or like one who stands up for prayers in the night and fasts in the day.” • Woman as mother commands great respect in Islam. • The predominant idea in the teachings of Islam with regard to men and women is that a husband and wife should be full-fledged partners in making their home a happy and prosperous place, that they should be loyal and faithful to one another, and genuinely interested in each other's welfare and the welfare of their children.