In this writing, I am trying to put forward the Islamic view regarding Education and the Islamic Law-code by which the criminals must be judged. These subjects have a great part to play in practice in today's world yet in my opinion, the due attention they must get is not being given to them. I present my humble effort here with total regards to the Islamic Teachings (for which I have quoted Ayaat from Holy Quran and Ahadees from Sahih Bukhari Sharif in the end of this Writing) and hope that further works would be forwarded by my colleagues and the learned persons in Islam on these same topics. From the Islamic viewpoint, we must see who is the person teaching and what subjects are being taught (Subject and Object) as when we claim to be Muslims, we must give respect to this claim. Islam is a complete code of life and as such, it also guides us regarding education. It is said and said rightly that it is compulsory for every person, male or female, to gather knowledge from birth to death. However, the teaching of Islam must always be taken into account for whatever a Muslim person does.UPON EDUCATION
Knowledge, as all gifts of Allah, must be used for the betterment of human beings in accordance with the teachings of Islam. Today, it is seen that knowledge is mostly used and imparted for worldly benefits. Although the present education set-up may be adopted giving it an Islamic touch here & there yet I would take the opportunity to comment upon an additional set up for education that in my view is much in accordance with Islam and its moral teachings. The basic points for this set-up is that it is better to start educating children at age 6 and before that education at home is quite enough; Education maybe given in 3 phases where every phase maybe of 3 years, imparted only at day time whether public or private; at this set-up, admission for the first phase must take place at age 6 to 9, for the second phase at the age 9 to 12 while for the third phase at the age 12 to 15. The education hours may remain 3 continuous hours daily preferably from 8 a.m. to 11 a.m.; all study must remain somehow connected with the study of man and must develop love of Allah inside the child. Therefore General Knowledge, History & Geography, Medicine, Law of the Islamic country, Army education, Economics and above all the study of the Islamic teachings would be given a special attention; males only must be educated at the third phase and they must be taught by male teachers while at the period of second phase male & female students must be educated separately with male teachers for males and female teachers for females while at the first phase, both male & female children may be educated together though teachers there must only be female indeed; moreover, in this Official Educational set-up, there must be no examination taken and no beatings must be given to children in the good name of education. Respectable Sheikh Bin Baz responded when asked that why do the respectable ULEMA usually do not give separate & specific time to womenfolk teaching them religious matters as the Holy Prophet Muhammad PBUH used to do, "There is no doubt that such was the practice of the Messenger of Allah (peace be upon him), as well as the scholars. Indeed, I myself have done that here on a number of occasions as well as in Makkah, Taif and Jeddah. I have no problem with setting apart a specific time for women in any locale if they want that from me. That is also the position of my scholar colleagues". In response to another question he said "Our boys must be left to be taught by men at all levels of instruction. Similarly, the girls must be left to be taught by female teachers at all levels of instruction. This will preserve our religion, our boys and our girls. It will be sufficient for us for our respected female teachers to fulfill their responsibilities to the best of their abilities with purity, sincerity and patience in teaching our girls. And the men must also fulfill their responsibilities with purity, sincerity and patience in teaching our boys at every level. It is also well-known that a man has more patience and is stronger in teaching boys and he can give him more teachings in every level of schooling. It is well-known that the boys, in the primary and higher levels of education, respect and esteem their male teacher. They will be more willing to submit and accept what he says. If the women were teaching them at those different levels, they would not have the characteristics, patience and strength with them that men have. It has been authentically narrated from the Prophet (peace be upon him) that he said, Order your children to pray at the age of seven. And beat them [lightly] if they do not do so by the age of ten. And separate them in their bedding. This hadith points out what we have been saying about the dangers of mixing boys and girls at all levels of instruction. The evidence for that from the Quran, sunnah and the experience of the ummah today are many but I do not wish to mention them all here in order to be brief". These responses of one of the greatest Ulema of our times clarify indeed that even in education a Muslim must care about the teachings of Hijab. Janab Abul-Ala Maududi had written about medical training some 50 years ago that it is very hard for him to say that female students may be taught by male professors. He had asked at that time to pave some way to end this practice totally but no attention was given then neither any body feels to take the matter seriously at the present time. Moreover, I would also comment that most orthodox respectable Ulema I know in Pakistan (in them a few are well-known and highly respected locally) clearly reply to the question of education of adult females by males as is imparted today, "totally against Islam". I am sure that in an Islamic Society, this approach is totally correct but keeping in view that Islam has a very positive approach to knowledge & education and also giving allowance to the situation we face today that Muslims are in need of an amazingly high educational level, we must try to make a set-up where the education of all subjects useful not only to men but to womenfolk too, may be imparted to them even if males teach them in this situation though of course that would not be possible without a few strict Islamic conditions. Now this matter is very important due to its direct link with the practical side of the lives of Muslims yet I feel that it is not given due attention. It is a fact that a woman also has the liability to learn all subjects that may broaden her mind as much as she can as a Muslim but there are a few necessary limits that she must take into account for sure. I have tried my best at this place to give a few points on female education by males keeping the Islamic teachings in view so that a clear Islamic Stance is known conveniently in this regard and may be practiced with total ease by all those who really respect Islam and want it represented in their lives totally & practically, without compromising on the Moral Teachings of Islam. -a- The Teacher must be an Adult, Understanding Muslim at least 40 years of age, equipped with Faith, Knowledge & Practice of Islam. -b- The Teacher must assign to his female students a time other than the time of male students as co-education or mixed working is not allowed in Islam. -c- The Teacher must be able to influence the female students by his high understanding & care for Islamic morals in a practical sense so that they may themselves be able to give a great respect to Fineness, Intelligence & Morality. Moreover, he must also be a little strict with his female students. -d- The Teacher may teach both Muslim & non-Muslim females in an Un-Islamic Society but in an Islamic Society whereas education to Non-Muslim ladies may be imparted in this same manner, education to the Muslim ladies by males must either be avoided or imparted in strict Hijab. However, avoidance is better and they must be taught by their immediate relatives (Mahrum) in the Islamic Society. -e- The Teacher must teach at least a couple of female students together and not teach any one alone except where no option is available (but if that situation occurs, that must certainly remain just for a brief span of time). -f- The Teacher must choose to teach or accept to teach subjects where he may not have to compromise on Islamic Morals & Teachings. -g- The Teacher must individually teach his female students. That means he must have a full command to influence them and must not be working under any authority. -h- The Teacher must teach his female students at a place and time which must be in the knowledge of people though they may not disturb the education process. -i- The Teacher must guide the female students in a delicate way as to how to deal with today's world, keeping Islamic teachings in view. By these foregoing remarks, it is clear that the way the teaching is imparted today with male teachers working in coalition with female teachers without caring about Islamic Morals in schools in someone else's authority, is not the right thing keeping Islamic teachings in view. As we go on giving importance to this topic, I am sure we would be able to find ways to apply the Islamic Teachings totally in the field fo education which would in turn affect our matters of life so beautifully that we would be able to put Islamic Teachings in all our practical life Insha-Allah. Now, let us study a few important points regading the Islamic Law and Justice.THE ISLAMIC LAW
For the sake of understanding the system of law in the Islamic Society, I am writing these points to clarify the Criminal Penal Code to be applied at the same. I have tried my best to write these points keeping the Islamic teachings in view which I have been studying since many years now and therefore these points are written with total care to give the idea of the Islamic Law and the Justice based upon it and so as to make the application of the same totally convenient. Let us begin by advising that one Police Head Quarter must register the total cases -FIR- in a specific High-Court area with many police quarters in it, clearly denoting to which court should it be taken and at what time in the near future. I am sure that it is totally well, seeing the Islamic teachings, to let the City courts, High courts and the Supreme court provide justice by the Islamic Law in an Islamic Society so we do not have to consider changing the set up for the provision of justice. The family quarrels (i.e. about matters between men and their wives about decision of divorce, children's custody, beatings given to spouse, division of finance etc. of such family nature) must be dealt by the good faith and upon solid traditions of Islam and immediate relatives or guardians of both sides must try to achieve an agreement among themselves without going to courts. EHSAN must be the keyword here as in all matters between a man & his wife. City courts should be divided into two sections - A & B - which will deal with (A) Taziraat (except Finance) and (B) with financial cases (including the cases of Land & Property) respectively. The term "Taziraat" include all the crimes related to all matters which may not be included in HUDOOD or QISAS & DIYAT. The High court will have three sections A & B & C. Section A for HUDOOD cases (the definition of Hudood would be found ahead in this writing and this term includes 5 great sins which have among them adultery & accusing someone of adultery), section B for appeals against the city court's decisions and section C for QISAS & DIYAT (this includes murder or attempted murder where the victim is wounded severely). The judges here must always keep their important position in view so as to avoid errors. Jails must remain institutions where the prisoners will be kept maximum for 4 months in punishment or in waiting. This means that there will be two kinds of those prisoners. One of these will be those who are jailed as punishment by the city court and other will be those who are taken into custody in high court's cases of Hudood and Qisas & Diyat. However, no woman & no child should be jailed, though the charge may be of murder or of adultery. In Qisas & Diyat, women may be ordered to be restricted to their homes during the hearing but even then no police must be appointed to keep check. When the charge against them is established and court gives its decision, they will be given the assigned punishment. They must not be interrogated by male police and also not without relatives and in fact should only be questioned at their own houses by the women in police, if necessary. The respect of women & children must always remain in view. Men can only be jailed putting them into police custody for high court A or C charges (but not as punishment in these cases) and that also for 4 months excluding the appeal period and in these 4 months, the verdict of the court must be reached in these cases. The punishment for these cases would be only those which are specified by Islam in these cases. Men can also be jailed, if found appropriate, as punishment ordered by the City court for 4 months maximum, trial period included. The city court must decide for every charge in one month time though of part A or of part B. Treatment of the accused must be as "not guilty", for the punishment can not commence before the verdict. Women's and children's testimony will not be accepted in HUDOOD and QISAS & DIYAT. However, the testimony of a raped woman will be accepted and her check-up if necessary, will only be conducted by women just like her interrogation, which will also be conducted by women if necessary. We must try to bring the Islamic Society at that standard where there remains no need for lawyers and everybody may defend himself or give evidence in his case himself. The matter simply put can be more clear for the sake of justice rather than put in a complicated way, searching for the loop holes in the Law, so that the true position of the case may not be disclosed. Emphasis must be at what is readily understandable and meanings must not be derived through the mind's pressure. In other words, law must not obstruct justice and if it becomes an hindrance to the justice, we must leave the law and care for the justice. Everybody must take care that crimes are totally eliminated from the Society specially murder & rape should not be present at all, indeed. HIJAB must be given a special attention to keep all kinds of shamelessness away from the Islamic society. In the Islamic society, it seems to me that Supreme Court must only remain as a court for appeal where an appeal can be filed against a decision in 2 weeks' period and it will only be a single court for the whole country. It will hear the appeals against the High Courts' decisions in A or C cases. The decision for these cases will be reached and presented in 2 weeks' time. The verdict of the High Court in the B cases must be considered as final. The Supreme Court may reject the appeal or accept it, asking the High court to review its verdict, highlighting the areas where more concentration must be applied. The appeal must be registered right at the Supreme Court by the affected party himself/herself or through his/her appointed person. Note here that Supreme Court will not give its own verdict and can send the appeal back to the concerned High court only two times. After that the decision of the High court will be final. Abuse of power and administrative wrongs will go to the city court, which may be deemed appropriate. The intensity of the crime of Taziraat does not necessarily make it liable to enter into the High Court and it is the appropriate channel where the case will go. It is for the judge/s to consider how to deal with the case keeping strictly in his/their limits. For any decision proven wrong through the appeal in the Supreme Court, pardon should be asked and material benefits should be given to the affected one. The Administration can file a case if it finds that a person is not paying his taxes though it is better that a mutual understanding is achieved outside the court for such claims. Please note that taxes will be paid by the persons by their own books of accounts and good faith among each other must remain a Keyword in the Islamic Society. In the cases of adultery and wrongly accusing someone of adultery (QAZF), 4 eye witnesses are said to be necessary. However, the testimony of a raped woman must also be given weight against the accused person. The matters of Hudood and Qisas & Diyat must never be dealt with as Taziraat under any circumstance as the accused in such a case must be found guilty or not guilty and must get the punishment accordingly. Once a person is found guilty in adultery or QAZF, he must be given the same punishment which is ordered by Allah indeed. For all matters of Qisas & Diyat, and of Hudood, punishments are specified by Allah in Quran (and I have quoted the Ayaat in this writing for your view) and therefore only those must be put into the verdict where the case is proven. In the crimes of Qisas & Diyat, the punishment of murder is that the killer will also be killed. However, the immediate relatives of the murdered person may leave the killer alive after taking a sum of money (Diyat) or without taking any amount from the killer. The punishment of injuries are same kind of injuries to the person responsible and the punishment of cutting or making any part of the body of a person useless in its function, is that the same part of the person responsible will be cut or made useless except when the affected person shows mercy to the wrong doer and forgives him after taking Diyat or even leaving the Diyat too on the grounds of humanity. In the crimes of Hudood, there are 5 things and their punishments have been specified in Islam. -1- BURGLARY -2- DACOITY -3- ADULTERY -4- WRONGLY ACCUSING SOMEONE OF ADULTERY (QAZF) -5- BEING A DRUNK. The hands of the burglars must be cut (though for a burglary of great valuables and the crime must not have been committed because of hunger and thirst or any basic human necessity). The dacoits will be killed or will be crucified or one of their hands and one of their legs (opposite sides) will be cut or they will be ordered to leave the land. The persons involved in adultery will be given 100 lashes each in public if they were not married but if they were married and their respective spouses were with them when the crime was committed, their punishment is that they may be shot in public as the bullets of guns have been given the same value in Islamic teachings as stones (mind it that the verdict against these criminals is stoning to death), the persons wrongly accusing someone of Adultery will be punished in public by 80 lashes and one who is used to drinking will also be punished by 80 lashes in public. With all said here for justice, let us always remember that the Holy Book Quran-e-Majeed, Ahadees-e-Mubaraka and Ijma-e-Ummat must always be kept in view as these clearly show the commands of Allah and as such are the base of the Islamic Society and the Islamic Law. Every matter must be decided strictly according to these three. Here, I present a few Ayaat (translation by Yousuf Ali) & Ahadees (all from Sahih Bukhari Sharif) related to Hijab, Learning & Law-code for your view to understand these matters in a better way.THE HOLY QURAN
From Sura Baqara178. O ye who believe! the law of equality is prescribed to you in cases of murder; the free for the free the slave for the slave the woman for the woman. But if any remission is made by the brother of the slain then grant any reasonable demand and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. 179. In the law of equality there is (saving of) life to you O ye men of understanding! that ye may restrain yourselves.
From Sura Mai'da
33. The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is: execution or crucifixion of the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter. 38. As to the thief male or female cut off his or her hands: a punishment by way of example from Allah for their crime: and Allah is Exalted in Power. 45. We ordained therein for them: "Life for life eye for eye nose for nose ear for ear tooth for tooth and wounds equal for equal." But if anyone remits the retaliation by way of charity it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed they are (no better than) wrong-doers.From Sura Yousuf
24. And (with passion) did she desire him and he would have desired her but that he saw the evidence of his Lord: thus (did We order) that We might turn away from him (all) evil and shameful deeds: for he was one of Our servants sincere and purified. 53. "Nor do I absolve my own self (of blame): the (human soul) is certainly prone to evil unless my Lord do bestow His Mercy: but surely certainly my Lord is Oft-Forgiving Most Merciful." (In the interpretation of this Ayat, I would say that this is what Zulekha said when it was clear that she had asked a great wrong from the great messenger Yousuf, Salam on him, i.e. Joseph and the Holy Quran quotes her words here to narrate that she had repented and also to clarify that matters of emotions are very hard to resist. Some people may bear much intensity while some succumb to only little pressure but everybody has a limit and only the attention of Allah the true Lord is able to save people from all wrongs that are related to emotions for the opposite sex if they have love for Him inside them).From Sura Bani-Israel
32. Nor come nigh to adultery: for it is a shameful (deed) and an evil opening the road (to other evils). (In this Ayat's interpretation, I would say that It is very interesting to note that the Holy Quran points out here and a few other place too that even nearing the wrongs that may be called "Shamelessness" is totally against Islam).From Sura Noor
1. A Surah which We have sent down and which We have ordained: in it have We sent down Clear Signs in order that ye may receive admonition. 2. The woman and the man guilty of adultery or fornication flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment. 3. Let no man guilty of adultery or fornication marry any but a woman similarly guilty or an Unbeliever nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden. 4. And those who launch a charge against chaste women and produce not four witnesses (to support their allegation) flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors 5. Unless they repent thereafter and mend (their conduct): for Allah is Oft-Forgiving Most Merciful. 19. Those who love (to see) scandal published broadcast among the Believers will have a grievous Penalty in this life and in the Hereafter: Allah knows and ye know not. 20. Were it not for the grace and mercy of Allah on you and that Allah is full of kindness and mercy (ye would be ruined indeed). 21. O ye who believe! follow not Satan's footsteps: if any will follow the footsteps of Satan he will (but) command what is shameful and wrong: and were it not for the grace and mercy of Allah on you not one of you would ever have been pure: but Allah doth purify whom He pleases: and Allah is One Who hears and knows (all things). 31. 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.From Sura Ankaboot
45. Recite what is sent of the Book by inspiration to thee and establish Regular Prayer: for Prayer restrains from shameful and unjust deeds; and remembrance of Allah is the greatest (thing in life) without doubt. And Allah knows the (deeds) that ye do.From Sura Ahzab
53. O ye who Believe! enter not the Prophet's houses until leave is given you for a meal (and then) not (so early as) to wait for its preparation: but when ye are invited enter; and when ye have taken your meal disperse without seeking familiar talk. Such (behavior) annoys the Prophet: He is ashamed to dismiss you but Allah is not ashamed (to tell you) the truth. 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. Nor is it right for you that ye should annoy Allah's Apostle or that ye should marry his widows after him at any time. Truly such a thing is in Allah's sight an enormity. 59. O prophet! tell thy wives and daughters and the believing women that they should cast their outer garments over their persons: that is most convenient that they should be known (as such) and not molested: and Allah is Oft-Forgiving Most MercifulFrom Sura Najam
32. Those who avoid great sins and shameful deeds. Only (falling into) small faults verily thy Lord is ample in forgiveness. He knows you well when He brings you out of the earth and when ye are hidden in your mother's wombs therefore justify not yourselves. He knows best who it is that guards against evil.From Sura Mumtahina
12. O Prophet! when believing women come to thee to take the oath of fealty to thee that they will not associate in worship any other thing whatever with Allah that they will not steal that they will not commit adultery (or fornication) that they will not kill their children that they will not utter slander intentionally forging falsehood and that they will not disobey thee in any just matter then do thou receive their fealty and pray to Allah for the forgiveness (of their sins): for Allah is Oft-Forgiving Most Merciful.AHADEES-E-MUBARAKA
Narrated Uthman bin Affan: The Prophet said, "The most superior among you (Muslims) are those who learn the Qur'an and teach it."Narrated Hudhaifa: Allah's Apostle said to us, "Honesty descended from the Heavens and settled in the roots of the hearts of men (faithful believers), and then the Quran was revealed and the people read the Quran, (and learnt it from it) and also learnt it from the Sunna." Both Quran and Sunna strengthened their (the faithful believers') honesty.
Narrated 'Abdullah bin 'Amr bin Al' As: I heard Allah's Apostle saying, "Allah does not take away the knowledge, by taking it away from (the hearts of) the people, but takes it away by the death of the religious learned men till when none of the (religious learned men) remains, people will take as their leaders ignorant persons who when consulted will give their verdict without knowledge. So they will go astray and will lead the people astray."Narrated Ibn Abbas: That he heard the Prophet saying, "It is not permissible for a man to be alone with a woman, and no lady should travel except with a Muhram (i.e. her husband or a person whom she cannot marry in any case for ever; e.g. her father, brother, etc.)." Then a man got up and said, "O Allah's Apostle! I have enlisted in the army for such-and-such Ghazwa and my wife is proceeding for Hajj." Allah's Apostle said, "Go, and perform the Hajj with your wife."
Muhammad Saleem Dada
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