Shari'ah (Islamic Law): Difference between revisions

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[[File:Taller Buddha of Bamiyan before and after destruction.jpg|thumb|Bamiyan Buddhas before and after destruction]]
[[File:Taller Buddha of Bamiyan before and after destruction.jpg|thumb|Bamiyan Buddhas before and after destruction]]
Though views vary widely today, [[music]], and some other forms of [[Qur'an, Hadith and Scholars:Pictures and Images|art]] (including tattooing),<ref>"''....The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed....''" - {{Bukhari|||2086|darussalam}} See also {{Bukhari|||2238|darussalam}}, {{Bukhari|||5945|darussalam}}, and {{Bukhari|||5962|darussalam}}</ref> under Islamic law are forbidden. Western music<ref>{{cite news|url=http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment|title=Iran arrests 230 in raid on illegal rock concert|publisher=ABC News (Australia)|date=4 August 2007 |archiveurl=http://archive.is/20120717/http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment |archivedate=2012-07-17}}</ref> and movies in particular, have been declared as corruptive influences by Islamic clerics. The vast majority<ref>{{cite web |url=http://www.themuslimwoman.com/beware/MusicisHaram.htm |title=Music is Haram |archiveurl=http://archive.is/20120915/http://www.themuslimwoman.com/beware/MusicisHaram.htm |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Muslim Women</ref> of Islamic scholars and all four schools of Islamic jurisprudence<ref name="Music 2"></ref> are in agreement that listening to, or playing musical instruments, and singing is forbidden. They form this opinion from both the Qur'an and Hadith. The only exception to this rule which can be extracted from the hadith is the permissibility of singing acapella accompanied by a duff (a hand-held one-sided drum) on special occasions (i.e. on weddings, Eid, during jihad, etc.)<ref>"''....innocent singing, unaccompanied by musical instruments other than the daff(small hand drum) is permissible are specified in the Sunnah. These are: 1) Jihaad. During jihad and other struggles in the way of Allah, battle songs are of great moral and spiritual benefit to the fighters....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> This form of song is referred to as a '''Nasheed''' (نشيد), and the striking of the duff is permitted for women only<ref>"''....What is mustahabb (recommended) is to beat on the daff [simple hand drum] at weddings. This is mustahabb for women only, in order to announce the wedding and to distinguish it from fornication....As for men, it is not permissible for them to play any kind of musical instrument, whether at weddings or on any other occasion....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> and must not be done in the presence of men.<ref>"''....According to the Sunnah, females can sing and beat the duff on the two ‘Eids (specific Muslim celebrations) and to announce a Muslim wedding amongst themselves, and their voices shouldn’t be raised loud enough or near enough to be heard by the men.''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> There are several verses within the Qur'an which have been understood by highly respected early scholars and historians of Islam to be condemning music and singing. For example; in verse 31:6, according to the Tafseer of Ibn Kathir, "idle talks" is a reference to "singing and musical instruments."<ref>{{cite web |url=http://www.islamqa.com/en/ref/5000/music |title=Ruling on music, singing and dancing - Fatwa No. 5000 |archiveurl=http://archive.is/20120915/http://www.islamqa.com/en/ref/5000/music |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islam Q&A</ref> While the Qur'anic verses on music and its prohibition may appear vague, the hadith are a lot clearer in regards to this issue. Authentic sources record Muhammad as saying "From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful..."<ref>[{{Bukhari-url-only|7|69|494}}v Sahih Bukhari 7:69:494v] </ref> and upon hearing music, Abu Bakr proclaimed "Musical instrument of Satan!"<ref name="Music 2">{{cite web |url=http://www.islamicawakening.com/viewarticle.php?articleID=312 |title=Music |archiveurl=http://archive.is/20120915/http://www.islamicawakening.com/viewarticle.php?articleID=312 |archivedate=2012-09-15 |accessdate=2012-09-15}} - Shariffa Carlo - Islam Awakening</ref> The mere fact that Muhammad condemned music in the same breath as other non-Islamic activities, such as illegal sexual intercourse and drinking alcohol, is extremely suggestive and the companions (including the four Caliphs) understood this to mean prohibition.<ref>"''....The companions unanimously agreed upon the prohibition of music and song but allowed particular exceptions specified by the authentic sunnah....Also, the four Khalifas, the fuqahaa among the saahabah such as Ibin Abaas, Ibin Umar, and Jaabir bin Abdullah as well as the general body of saahabah.''" - Al Qurtubi's Tafseer, vol 14, pp51-52, and Al-Aaloosi's Tafseer, Roohul Ma'aani, vol. 21, pp. 66-68)</ref> As Abu Bakr stated, unless performed under the various restrictions outlined in Muhammad's Sunnah, music is considered to be of the devil.  
Though views vary widely today, [[music]], and some other forms of [[Qur'an, Hadith and Scholars:Pictures and Images|art]] (including tattooing),<ref>"''....The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed....''" - {{Bukhari|||2086|darussalam}} See also {{Bukhari|||2238|darussalam}}, {{Bukhari|||5945|darussalam}}, and {{Bukhari|||5962|darussalam}}</ref> under Islamic law are forbidden. Western music<ref>{{cite news|url=http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment|title=Iran arrests 230 in raid on illegal rock concert|publisher=ABC News (Australia)|date=4 August 2007 |archiveurl=http://archive.is/20120717/http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment |archivedate=2012-07-17}}</ref> and movies in particular, have been declared as corruptive influences by Islamic clerics. The vast majority<ref>{{cite web |url=http://www.themuslimwoman.com/beware/MusicisHaram.htm |title=Music is Haram |archiveurl=http://archive.is/20120915/http://www.themuslimwoman.com/beware/MusicisHaram.htm |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Muslim Women</ref> of Islamic scholars and all four schools of Islamic jurisprudence<ref name="Music 2"></ref> are in agreement that listening to, or playing musical instruments, and singing is forbidden. They form this opinion from both the Qur'an and Hadith. The only exception to this rule which can be extracted from the hadith is the permissibility of singing acapella accompanied by a duff (a hand-held one-sided drum) on special occasions (i.e. on weddings, Eid, during jihad, etc.)<ref>"''....innocent singing, unaccompanied by musical instruments other than the daff(small hand drum) is permissible are specified in the Sunnah. These are: 1) Jihaad. During jihad and other struggles in the way of Allah, battle songs are of great moral and spiritual benefit to the fighters....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> This form of song is referred to as a '''Nasheed''' (نشيد), and the striking of the duff is permitted for women only<ref>"''....What is mustahabb (recommended) is to beat on the daff [simple hand drum] at weddings. This is mustahabb for women only, in order to announce the wedding and to distinguish it from fornication....As for men, it is not permissible for them to play any kind of musical instrument, whether at weddings or on any other occasion....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> and must not be done in the presence of men.<ref>"''....According to the Sunnah, females can sing and beat the duff on the two ‘Eids (specific Muslim celebrations) and to announce a Muslim wedding amongst themselves, and their voices shouldn’t be raised loud enough or near enough to be heard by the men.''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> There are several verses within the Qur'an which have been understood by highly respected early scholars and historians of Islam to be condemning music and singing. For example; in verse 31:6, according to the Tafseer of Ibn Kathir, "idle talks" is a reference to "singing and musical instruments."<ref>{{cite web |url=http://www.islamqa.com/en/ref/5000/music |title=Ruling on music, singing and dancing - Fatwa No. 5000 |archiveurl=http://archive.is/20120915/http://www.islamqa.com/en/ref/5000/music |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islam Q&A</ref> While the Qur'anic verses on music and its prohibition may appear vague, the hadith are a lot clearer in regards to this issue. Authentic sources record Muhammad as saying "From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful..."<ref>[{{Bukhari|||5590|darussalam}}</ref> and upon hearing music, Abu Bakr proclaimed "Musical instrument of Satan!"<ref name="Music 2">{{cite web |url=http://www.islamicawakening.com/viewarticle.php?articleID=312 |title=Music |archiveurl=http://archive.is/20120915/http://www.islamicawakening.com/viewarticle.php?articleID=312 |archivedate=2012-09-15 |accessdate=2012-09-15}} - Shariffa Carlo - Islam Awakening</ref> The mere fact that Muhammad condemned music in the same breath as other non-Islamic activities, such as illegal sexual intercourse and drinking alcohol, is extremely suggestive and the companions (including the four Caliphs) understood this to mean prohibition.<ref>"''....The companions unanimously agreed upon the prohibition of music and song but allowed particular exceptions specified by the authentic sunnah....Also, the four Khalifas, the fuqahaa among the saahabah such as Ibin Abaas, Ibin Umar, and Jaabir bin Abdullah as well as the general body of saahabah.''" - Al Qurtubi's Tafseer, vol 14, pp51-52, and Al-Aaloosi's Tafseer, Roohul Ma'aani, vol. 21, pp. 66-68)</ref> As Abu Bakr stated, unless performed under the various restrictions outlined in Muhammad's Sunnah, music is considered to be of the devil.  


The Islamic prohibition on images is well known, hence the lack of imagery in Islamic religious art. This sentiment is also known as aniconism. Depictions of living things have in fact been documented at specific times and places in Islamic history. In general the strictest attitude to aniconism is found in modern Salafism, while the most relaxed attitude is found in Sufism and Shi'a Islam.  
The Islamic prohibition on images is well known, hence the lack of imagery in Islamic religious art. This sentiment is also known as aniconism. Depictions of living things have in fact been documented at specific times and places in Islamic history. In general the strictest attitude to aniconism is found in modern Salafism, while the most relaxed attitude is found in Sufism and Shi'a Islam.  
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{{Quote||"We must know that [wife] beating is a punishment in Islamic religious law,....No one should deny this because this was permitted by the Creator of Man, and because when you purchase an electric appliance or a car you get instructions – a catalogue, explaining how to use it. The Creator of Man has sent down this book [the Quran] in order to show man which ways he must choose....We shouldn't be ashamed before the nations of the world who are still in their days of ignorance, to admit that these [beatings] are part of our religious law,....We must remind the ignorant from among the Islamic Nation who followed the [West] that those [Westerners] acknowledge the wondrous nature of this verse,"<ref>{{cite web |url=http://www.wnd.com/news/article.asp?ARTICLE_ID=40276 |title=Muslim cleric: Some wives need to be beaten |archiveurl=http://archive.is/20120915/http://www.wnd.com/news/article.asp?ARTICLE_ID=40276 |archivedate=2012-09-15 |accessdate=2012-09-15}} - WorldNetDaily, September 03, 2004</ref>}}
{{Quote||"We must know that [wife] beating is a punishment in Islamic religious law,....No one should deny this because this was permitted by the Creator of Man, and because when you purchase an electric appliance or a car you get instructions – a catalogue, explaining how to use it. The Creator of Man has sent down this book [the Quran] in order to show man which ways he must choose....We shouldn't be ashamed before the nations of the world who are still in their days of ignorance, to admit that these [beatings] are part of our religious law,....We must remind the ignorant from among the Islamic Nation who followed the [West] that those [Westerners] acknowledge the wondrous nature of this verse,"<ref>{{cite web |url=http://www.wnd.com/news/article.asp?ARTICLE_ID=40276 |title=Muslim cleric: Some wives need to be beaten |archiveurl=http://archive.is/20120915/http://www.wnd.com/news/article.asp?ARTICLE_ID=40276 |archivedate=2012-09-15 |accessdate=2012-09-15}} - WorldNetDaily, September 03, 2004</ref>}}


The verse being referred to is 4:34. According to this verse, a man may not only beat his wives in certain circumstances but also beat them simply for the ''fear'' of such.<ref>"''....and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them....''" - {{Quran|4|34}}</ref> Whilst there are a few restrictions in regards to the practice of wife-beating (beating should be "without severity"<ref>"Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely. You are responsible for providing them with food and clothing in a fitting manner." - [https://sunnah.com/abudawud/11/185 Sunan Abu Dawud 10:1900]</ref>, should avoid the face,<ref>"''....you should give her food when you eat, clothe her when you clothe yourself, do not strike her '''on the face'''....''" - {{Abu Dawud||2142|darussalam}}</ref> breaking bones,<ref>"''....that you should not break her bones or leave a bruise....''" - al-Tabari, 5:68-69</ref> and husbands should not sleep with them after beating them),<ref>"''.... The Prophet said, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day."''" - {{Bukhari|||5204|darussalam}}</ref> they hardly offer comfort to a woman who is abused with the blessings of her god. The mere fact that the husband is allowed to physically abuse his wives (very often with impunity from the law) inevitably leads many to go beyond simply 'beating' them.  
The verse being referred to is 4:34. According to this verse, a man may not only beat his wives in certain circumstances but also beat them simply for the ''fear'' of such.<ref>"''....and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them....''" - {{Quran|4|34}}</ref> Whilst there are a few restrictions in regards to the practice of wife-beating (beating should be "without severity"<ref>"Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely. You are responsible for providing them with food and clothing in a fitting manner." - {{Abu Dawud||1905|darussalam}}</ref>, should avoid the face,<ref>"''....you should give her food when you eat, clothe her when you clothe yourself, do not strike her '''on the face'''....''" - {{Abu Dawud||2142|darussalam}}</ref> breaking bones,<ref>"''....that you should not break her bones or leave a bruise....''" - al-Tabari, 5:68-69</ref> and husbands should not sleep with them after beating them),<ref>"''.... The Prophet said, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day."''" - {{Bukhari|||5204|darussalam}}</ref> they hardly offer comfort to a woman who is abused with the blessings of her god. The mere fact that the husband is allowed to physically abuse his wives (very often with impunity from the law) inevitably leads many to go beyond simply 'beating' them.  


Wife beating has been an accepted part of Islam since its inception. In Aisha's own words "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"<ref>"...''so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"...''" - {{Bukhari|||5825|darussalam}}</ref> The indifference to her words displayed by Muhammad proved its legitimacy within the laws of Islam. Muhammad reportedly declared, "A man should not be asked why he beats his wife"<ref>"It was narrated that Ash'ath bin Qais said: "I was a guest (at the home) of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" A man should not be asked why he beats his wife, and do not go to sleep until you have prayed the Witr."' And I forgot the third thing."" - {{Ibn Majah||3|9|1986}}</ref> Moreover, he not only allowed Abu Bakr to slap his own child-bride Aisha,<ref>"''....Abu Bakr (Allah be pleased with him) then got up went to 'A'isha (Allah be pleased with her) and slapped her on the neck, and 'Umar stood up before Hafsa and slapped her saying: You ask Allah's Messenger (may peace be upon him) which he does not possess....''" - {{Bukhari|||334|darussalam}}</ref> but he also struck her in the chest himself,<ref>"''...He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. He struck me on the chest which caused me pain, and then said: Did you think that Allah and His Apostle would deal unjustly with you?...''" - {{Muslim||974b|reference}}<BR />Note that the sunnah.com website have since [[Wife_Beating_in_Islamic_Law#Muhammad_struck_Aisha_and_the_tampering_of_English_hadith_translations|tampered with their copy of the hadith translation here in order to soft the language]].</ref> and according to Aisha it was not something 'symbolic' or a 'gentle tap' on the body; it was painful.  
Wife beating has been an accepted part of Islam since its inception. In Aisha's own words "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"<ref>"...''so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"...''" - {{Bukhari|||5825|darussalam}}</ref> The indifference to her words displayed by Muhammad proved its legitimacy within the laws of Islam. Muhammad reportedly declared, "A man should not be asked why he beats his wife"<ref>"It was narrated that Ash'ath bin Qais said: "I was a guest (at the home) of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" A man should not be asked why he beats his wife, and do not go to sleep until you have prayed the Witr."' And I forgot the third thing."" - {{Ibn Majah||3|9|1986}}</ref> Moreover, he not only allowed Abu Bakr to slap his own child-bride Aisha,<ref>"''....Abu Bakr (Allah be pleased with him) then got up went to 'A'isha (Allah be pleased with her) and slapped her on the neck, and 'Umar stood up before Hafsa and slapped her saying: You ask Allah's Messenger (may peace be upon him) which he does not possess....''" - {{Bukhari|||334|darussalam}}</ref> but he also struck her in the chest himself,<ref>"''...He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. He struck me on the chest which caused me pain, and then said: Did you think that Allah and His Apostle would deal unjustly with you?...''" - {{Muslim||974b|reference}}<BR />Note that the sunnah.com website have since [[Wife_Beating_in_Islamic_Law#Muhammad_struck_Aisha_and_the_tampering_of_English_hadith_translations|tampered with their copy of the hadith translation here in order to soft the language]].</ref> and according to Aisha it was not something 'symbolic' or a 'gentle tap' on the body; it was painful.  
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