Kamis, 07 Juni 2012

Feminist Interpreters of the Qur’an


Riffat Hassan
Riffat Hassan was born in the 1940s to a Shi‘ite family in Pakistan; her grandfather was a poet and playwright and the family was known for its creativity and patronage of music and dance. She now holds American nationality and teaches Religious Studies at Louisville University. Her earlier studies were at a Christian missionary school in Lahore, the cultural capital of Pakistan. Then she went to Durham University in England to receive an Honours degree in English and Philosophy in 1964, then a doctorate in 1968 on the philosophy of Iqbal, maintaining excellence throughout her studies. Before outlining some of her theories as expressed in a number of articles on “feminist theology” (she uses “theology” in its broad Christian sense, not limited to belief; rather, it means all religious thought concerning women), as well as in her three books about Muhammad Iqbal, it may be appropriate to give an account of an influential Pakistani intellectual who preceded her.
Fazlur Rahman Malik
Fazlur Rahman Malik (1919-1988) prepared the ground for Dr. Riffat and those she influenced, even if unwittingly. He received his training fromToshihiko Izutsu at McGill University in Canada, and was perhaps the first to apply the hermeneutical method to the Qur’an. He challenged the traditional definition of the Qur’an in its conception as recited revelation from Archangel to Prophet (peace be upon them). He claimed that there was a subjective aspect to the revelation on the part of its recipient, and that this aspect was what Muslim academic research had thus far failed to appreciate. He was considered a leading authority in Islamic and Qur’anic studies in the West, despite his criticism of many Orientalists.
As for Riffat Hassan: she proceeds from a prior assumption of the low regard for women in traditional Islamic thought, and attempts to explain the Qur’an using hermeneutics from a purely feminist perspective. Thus she attempts to uncover its rulings related to women and restore the Islamic perception of women based on the primary source of the religion, using free thought and removing from the Qur’anic text the effects of aḥādīth(Prophetic statements), which she criticises and eventually rejects on the basis of their conflict with the right of women to absolute equality with men. For example, she refutes the adīth of the “curved rib”, considering this idea to have been taken by Muslims from the Torah rather than the Qur’an. In her feminist theology, she virtually abstains from prophetic ahadith, even though many exhort to proper treatment of women and urge respect for them.
Riffat Hassan has claimed that:
  1. Religious thought and narrations in the three revealed religions assume that God’s primary creation was man, in that woman came from his rib;
  2. that woman was created not only from him, but for him; and
  3. that she is responsible for the descent from Paradise.
It appears that – despite her numerous qualifications in Christian theology – Dr. Hassan is unaware of a fact known to any beginner in Islamic studies: the fact that these three beliefs are foreign to Islam. She exerts great effort at numerous junctures, such as with her strained interpretations of the opening verse of Sūrat al-Nisā’ and her conclusion that “Adam” does not refer to a particular human being, but to the human race. As for the “spouse” (zawj), she claims that as a masculine word it does not refer to the woman. Therefore, there is no primacy in the creation of either gender, and the two origins of the human race are equal.
She continues this painstaking effort – in vain, as the problem is itself fabricated with respect to the Islamic texts – to conclude that the aḥādīth are falsely attributed to a Prophet known to be fair towards women and to recognise their rights. All of this reveals an extremely shallow acquaintance with the Arabic language, and obvious weakness in knowledge of Islamic sciences and religious facts, particularly in the sciences of ḥadīthtafsīr and uṣūl al-fiqh.
Amina Wadud
Amina Wadud embraced Islam in 1972, and has long worked hard on feminist interpretation of Islamic texts, based on a complete belief in the absolute equality between men and women. She stayed for a year in Cairo during the 1970s, after receiving her first degree from the University of Pennsylvania. She then completed an MA in Near Eastern Studies and a doctorate in Arabic and Islamic Studies at the University of Michigan in 1988. She worked as assistant professor at the International Islamic University Malaysia from 1989-1992, then professor of Religious Studies at Virginia Commonwealth University until 2008.
Dr. Wadud carries out her activities through her position as a successful university lecturer, and she has received a number of prizes. Her first book, entitled Qur’an and Woman: Rereading the Sacred Text from a Woman’s Perspective, has been translated into many languages. She follows Riffat Hassan’s approach in focusing upon the Qur’an and prophetic narrations, interpreting them from a feminist hermeneutical perspective, whereas other female activists within this movement focus on history and subjecting the entire Islamic enterprise to critique. Also, despite her extreme conception of gender equality, she affirms her commitment to Islam according to the understanding she embraces.
In the aforementioned book, Wadud highlights her dependence upon the Qur’an alone, such that if the Sunnah contradicts her understanding of the former, she rejects the latter. In what she calls her “progressive” understanding of the Qur’an, she rejects its divorce laws and approval of polygyny, considering both to be examples of a mistaken, regressive understanding of Islam and the Qur’an. She calls for a cultural break from these backward interpretations, while referring in her discussions only to one work of tafsīr, namely the Kashshāf of Al-Zamakhsharī, without explaining the reason for her choice.
Wadud’s level of Arabic seems, despite her qualifications, to be comparable to that of Riffat Hassan. She calls for interpreting the Qur’an in a variety of cultural contexts and environments, rather than being restricted to one. Like Dr. Hassan, she re-visits the question of creation and the “zawj” in order to establish complete equality between the two origins of the human race – as well as discussing the concepts of afḍaliyya (preference), qiwāma (guardianship) and nushūz(marital discord) – ignoring, in the process, the requirements of Qur’anic context and linguistic signification.
Fatema Mernissi
Dr. Mernissi had a traditional upbringing in Morocco, and studied political science at Mohammed V University and the Sorbonne before travelling to America and attaining a doctorate in sociology from Brandeis University in 1974. Upon her return, she began to lecture in sociology at the Mohammed V University of Rabat and is nowadays a research scholar acclaimed in Western circles in the field of Qur’anic and Islamic studies. In 2003, she was granted an award for her contribution to feminist literature. She has numerous published studies concerning the ḥijāb, Islam and democracy, certain aspects of Islamic history, women and Islam, and other topics.
Before summarising her opinions and contributions to the feminist interpretative movement, I wish to mention two well-known names in the field of hermeneutics in the North African environment. The first is the late Mohammed Arkoun, who went further than Fazlur Rahman in his efforts to “deconstruct” the verses of the Qur’an in search of the “real Qur’an” whose text had, he claimed, become mixed with myths which ought to be separated from it. He called for the light of investigation to be directed at the project of compiling the Qur’an – which was flawed in his opinion – putting aside the supposed historical sanctity and authenticity of its text, so that the original text could be purified of the mythical contents contained in the Muṣḥafin the hands of the Muslims.
These are the boldest claims to surface against the mutawātir (indisputably narrated) text of the Qur’an throughout the centuries, across the regions of the Muslim world and among all strata of society – scholars and laymen, old and young, women and men – but they were echoed subtly by another Moroccan writer, ‘Abd al-Hādī ‘Abd al-Raḥmān, particularly in his book Sulṭat al-Naṣṣ (“The Authority of Text”).
In his introduction, Professor ‘Abd al-Raḥmān speaks about “historicism” concerning the event of Islam’s emergence, and its content and use. He attempts to specify a methodology to study the Qur’an and other texts based on a break from traditional methodologies, which ought to be replaced by a method of deconstruction and reconstruction, with the standards used to critique the Greek tradition. Responding to an analysis by Mohammed Abed al-Jabri of the famous hadith concerning innovations (“Kullu muḥdathatin bid‘a...), he suggests that “bid‘a is genitive, as is “ḍalāla” in the next phrase. As for the statement “every misguidance is in the Fire”, he claims that this is the predicate – or, in his novel phraseology, the “result”. We must ask what analytical method this is, and what novel grammar this researcher is applying .
‘Abd al-Raḥmān calls people to consider the psychological aspect of the Qur’an – given that the Qur’an is in a human language – and to remove the aura of sanctity from it and employ every methodology “whether linguistic, psychological, historical or dialectical”. He applies the method of “reasons of revelation” to Sūrat al-Nisā’, deconstructing and interpreting, concluding with nothing but doubts cast upon the text, and the charge of wrongdoing against women either by its contents, or via its application by the Prophet ﷺ (Allah’s peace and blessings be upon him).
It was in this environment that Dr. Fatema Mernissi’s views developed. Her books presented her bold opinions based on a feminist worldview and using thematic and historical analysis: not only on religious texts, but indeed on the entire Islamic historical experience. In The Veil and the Male Elite, she explores prophetic aḥādīth concerning women in terms of theirmatn (text) and isnād (chain), with critique based upon the assumption that traditional research is unable to reach the proper position on women and must be corrected. She believes that politics has affected religious texts, particularly aḥādīth, which she discusses under the title: “Sacred Text as a Political Weapon” – this being behind their negative attitude towards females. In the second part, she discusses the first three years of the Madīnan state from a historical angle to prove that the rulings applied to women there, including segregation and ḥijāb, were temporary measures limited to a particular historical context. In the final chapter, she concludes that the oppression faced by the Muslim woman is not due to Islam, the Qur’an or the Sunnah, but rather to the society and male interests.
In Beyond the Veil, she does the same sort of historical analysis, attaching great significance to political considerations and discussing the various hadiths about women. She claims that the narration of Al-Bukhārī from Abū Bakra (ra) concerning female leadership – when news reached the Prophet ﷺ of the Persians appointing a woman as their leader – was nothing more than a weapon in the political stance taken by its narrator, justifying his seclusion from the strife. She accuses the same Companion over the narration of Al-Ḥasan’s (ra) conciliation between the warring parties, accusing him of having a memory that shifts for the sake of convenience: a crude form of ridicule. No less crude are her comments about Abū Hurayra (ra), whose allegedly misogynistic attitude was due to his displeasure at being so nicknamed rather than as “Abū Hirr” (a masculine word). It is by such “academic” standards that aḥādīth are rejected or accepted in the feminist interpretative movement.
Even if Mernissi’s explanation of the historical circumstances behind the “temporary” obligation of ḥijāb in Madīna is accepted, what is she to do – after critiquing the Sunnah – with Qur’anic verses like Al-Ahzab 33:53? The response is the same: historical context, specifically the military threat in the year 5 AH and the burden of many visitors coming to the Prophet’s ﷺ home – all of which brought about the ruling which is comparable in her eyes to the Original Sin in Christianity. Consequently, Mernissi states that the ruling was temporary in nature, in response to a situation that ceased to exist: this is historicism as applied to Qur’anic texts and their meanings and spheres of application.
She also discusses the inheritance rulings in terms of their historical connections, also in a manner not free from ridicule. Her analysis of numerous Qur’anic verses is in terms of cause (historical circumstances) and effect (the revelation), in language that expresses grievances or criticisms against the Companions and the Prophet ﷺ himself concerning any revelation sent down against what Dr. Mernissi considers to be the interests of women.
Leila Ahmed
If the prolific Mernissi was something of a pioneer in this type of historical critique, then Dr. Leila Ahmed has taken on her mantle. She received all her university education from the UK’s Cambridge University and became a professor at the Harvard Divinity School.
She has published a number of books: some about women and others on academic, professional and personal interests, but her primary work is Women and Gender in Islam. In it, she uses a historical method to present the origins of the contemporary struggle between these three elements, as well as detailing the position of woman from the early days of Islam up to its major eras. Then she outlines feminist discourse in the modern period in various Muslim regions including Egypt, and its relation to issues of ḥijāb, divorce, polygyny and so on. She concurs almost completely with Mernissi’s opinions and the evidences she presents, but with a comparative style and attention to cultural influences. As for the “curved rib”, she sees in it the influence of Byzantine culture. She also contrasts African conservatism with Egyptian libertarianism with respect to women. She attacks the term “Jāhiliyya” for its negative effect, while stating that Islam restricted the Arab woman’s sexual freedom. She makes a distinction between – on the one hand – the technical or juristic understanding of prophetic directives, which transforms them into lasting rulings of permission and prohibition, and – on the other – an ethical interpretation that focuses on values and addresses the conscience. She considers the former to be the most serious error into which Islamic orthodoxy has fallen.
Turning to the Qur’an, Dr. Ahmed challenges the Muslims’ belief in the authenticity of its text established by tawātur(successive multiple narration), opining that what is in people’s hands today is different from what was revealed upon the Prophet ﷺ.
I do not know what is behind this enthusiasm, by which she – as an educated Muslim woman – challenges the dearly held beliefs of every Muslim.

alhamdulillah

Mas Khayyun datang ke rumah Benhill

Rabu, 06 Juni 2012

Budhe Masulah Wafat

Kemaren malam setelah Isya', Hari selasa jam 21.00, tanggal 5 Juni 2012.  Makde Masulah, kaka dari Bapakku meninggal di Jleper Mijen Demak.
Saya dapat kabar dari Fuad, putranya Kang Fatkhur Jombang, dari Lubab, anaknya yu Marfuah. Siangnya saya juga dapat kabar dari Kang Musthofa. Innalillahi Wainna Ilaihi Rojiun. Dia sangat trenyuh kalau melihat anak dan keponakannya sakit. Dia menangis ketika saya sunat. Dia menangis ketika saya nikah. Dia selalu memberi oleh2 seberapapun kalau saya berkunjung ke rumahnya. Terakhir, saya kemaren ketemu bersama Bihah saat datang ke Jleper .

Selasa, 05 Juni 2012

Loving the Messenger


Anas radi Allahu ‘anhu (may Allah be pleased with him) narrates that the Prophet ﷺ said,
“None of you will have faith till he loves me more than his father, his children and all mankind.”
(Bukhari)
Several questions come to peoples’ minds when they come across this hadith (report of the words of the Prophet ﷺ). Does this mean that we are not believers unless we love the Prophet ﷺ more than anyone else? How do I achieve this level of love if I’ve never even met him ﷺ? How can I love him ﷺ more than my own father or mother?
The hadith is in the chapter of iman (faith) in Imam Bukhari’s Sahih.  He cites two chains of narrators for this hadith, however the actual text of the hadith that he cites is the version narrated by Qatada from Anas. The text of the other narration through Abd al-Aziz has a slight variation where instead of ‘father and children’ it says ‘family and wealth.’
The hadith begins with the expression ‘none of you’ (ahadukum) which some people may assume refers only to the Sahaba(Companions) directly. But other narrations of the hadith have ‘none’ (ahadun) in one version and ‘person/man’ (al-rajul) in another version, making it definitely more encompassing and applicable to everyone at all times.
‘None of you will have faith’
Although the wording in the hadith ‘None of you will have faith’ seems to negate faith for the one who does not love the Prophet ﷺ more than everyone else, that is not actually the case. Imam ibn Hajar mentions that the negation of faith here refers to the negation of perfection or completion of faith. So it would mean ‘None of you will have perfect/complete faith…’
‘till he loves me’
What is intended by the word ‘love’ (hub) here? Al-Khattabi says that it is referring to voluntary love (hub al-ikhtiyar). There are two types of love, a natural love (hub al-tab’i) and a voluntary love (hub al-ikhtiyar).  Natural love stems from our human nature or in other words the way we have been created. Most people love beauty, power, pleasures, wealth, etc. These instincts are ingrained within our nature as Allah subhanahu wa ta’ala (exalted is He) says,
Beautified for people is the love of that which they desire – of women and sons, heaped-up sums of gold and silver [wealth], fine branded horses, and cattle and tilled land. (Qur’an 3:14)
On the other hand, voluntary love is a result of choice, usually after reflection and understanding. You may meet a person towards whom you are initially indifferent. After spending some time with the person you may discover he or she has some really fine qualities or it may be that the person sacrifices for you or benefits you in some significant way that you grow to admire and love that person. This is voluntary love. You choose to love that person for a reason.
Therefore the hadith contains a subtle indication regarding the importance of using the intellect to reflect and ponder over matters. In other words to attain this level of love the first thing that is needed is reflection. For most people usually the object of love is either their own self or others. With regards to their own self, the most desirable state is to live eternally without defects or shortcomings.
Therefore when you reflect on how the Prophet ﷺ has benefitted you by conveying the message of Islam to the extent that today you are a Muslim, after Allah’s decree, due to the sacrifice of the Prophet ﷺ in the face of persecution, attacks, loss of wealth, homeland and risks to his own life. When you reflect on the fact that the benefit of religious guidance – which leads to eternal happiness and joy in Paradise and safety from eternal pain and despair in Hell – is the greatest favour and benefit to be desired. When you further reflect on the fact that on the day of judgement when no other creation of Allah (swt) can help you, the Prophet ﷺ will be in prostration to Allah (swt)  pleading to save his ummah (community), a day in which your own mother will not give one of her good deeds to ransom you nor would you ransom her.  When you reflect on the fact that when you send peace and salutations on the Prophet ﷺ Allah (swt) returns ten peace and salutations on you.Subhan’Allah (glory be to God)!  When you reflect on his sublime character, impeccable manners, justice, mercy, and his devotion to Allah (swt), you can only arrive at the conclusion that the only person deserving your highest love is the beloved Prophet ﷺ because his benefit to you is the greatest and the most lasting.
Notice how Allah (swt) blessed the Prophet ﷺ with the best lineage, a beautiful physical appearance, the highest eloquence, and Prophethood through His (swt) mercy. In other words, Allah (swt) made it easy for people to love him by making him an object of natural love as well as voluntary love. His physical attributes make people love him naturally and his actions and character as a Prophet make people love him voluntarily, of their own choice.
However this love cannot be of mere words or appearances or even celebrations without action. It has to be a real love and yearning that emanates from the heart and results in actions. As Ibn Hajar says, if you were to be given the choice between attaining the most beloved thing in the world and seeing the Prophet ﷺ, you would choose the latter. Furthermore this love should manifest in your attachment to and defence of his sunnah (tradition) and shari’ah (law) and resisting all that contradicts them. This love should result in true following (ittiba’) of the Prophet ﷺ in what he deemed halal (permissible) and haram (impermissible) in all aspects of our lives. Obedience and emulation are the signs of true love.
‘More than his father, children, and all of mankind.’
Does this include ‘more than’ your mother? Yes, because often times in Arabic, mentioning one from a pair is like mentioning both, and also because of the next question.
Does this include loving the Prophet ﷺ more than loving yourself? Yes, as illustrated in another famous hadith in Bukhari in which Umar (ra) says to the Prophet ﷺ that the Prophet is more beloved to him than anything else, except for his own self. The Prophet ﷺsays ‘No, by the One in whose hands is my soul, not until I become more beloved to you than your own self.’ After Umar complies and confirms this, the Prophet ﷺ replies, ‘Now (you have attained it), O Umar.’
So as we can see our iman (faith) is incomplete unless we love the Prophet ﷺ above all else. This can be attained by serious reflection on who he was and how he benefitted us. But it must also manifest in action, obedience, and true emulation of the beloved Messenger ﷺ as Allah (swt) decreed – in other words through living by his tea

Mbah Zarom



Mbah Zarom Pidato dalam kegiatan Halal Bihalal tahun 2006 di Jleper, Mijen Demak.

Senin, 04 Juni 2012

Shaking Hand with non Mahram


The Question:
Is it proven in the Glorious Qur’an or the Sunnah that shaking hands with women is totally prohibited within the social and family relations when there is trust and no fear of temptation?
The Answer:
There is no doubt that shaking hands between males and females who are not mahrams (illegal for marriage) has become an intricate issue. Reaching an Islamic verdict on this issue away from extremism and dispensation needs a psychological, intellectual, and scientific effort so that the Mufti gets rid of the pressure of all imported and inherited customs unless they are based on the textual proofs of the Qur’an or the Sunnah.
Before tackling the issue in point, I would like to exclude two points on which I know there is agreement among the Muslim jurists of the righteous predecessors.
Firstly, it is prohibited to shake hands with a woman if there is fear of provoking sexual desire or enjoyment on the part of either one of them or if there is fear of temptation. This is based on the general rule that blocking the means to evil is obligatory, especially if its signs are clear. This ruling is ascertained in the light of what has been mentioned by Muslim jurists that a man touching one of his mahrams or having khalwah (privacy) with her moves to the prohibited, although it is originally permissible, if there is fear of fitnah (temptation) or provocation of desire.
Secondly, there is a dispensation in shaking hands with old women concerning whom there is no fear of desire. The same applies to the young girl concerning whom there is no fear of desire or temptation. The same ruling applies if the person is an old man concerning whom there is no fear of desire. This is based on what has been narrated on the authority of Abu Bakr As-Siddiq (may Allah be pleased with him) that he used to shake hands with old women. Also, it is reported that `Abdullah ibn Az-Zubair hired an old woman to nurse him when he was sick, and she used to wink at him and pick lice from his head. This is also based on what has been mentioned in the Glorious Qur’an in respect of the old barren women, as they are given dispensation with regard to their outer garments. Almighty Allah says in this regard: “As for women past child bearing, who have no hope of marriage, it is no sin for them if they discard their (outer) clothing in such a way as not to show adornment. But to refrain is better for them. Allah is Hearer, Knower.” (An-Nur: 60)
Allah explains that there is no sin on the old barren women if they decide to remove their outer garments from their faces and such, so long as they do not do it in a manner in which they would be exposing their beauty wrongly.
Here the object of discussion deals with other than these two cases. There is no surprise that shaking hands with women isharam (unlawful) according to the viewpoint of those who hold that covering all of the woman’s body, including her face and the two hands, is obligatory. This is because if it becomes obligatory to cover the two hands, then it would become haram for the opposite sex to look at them. And, if looking at them is unlawful, then touching them would become haram with greater reason because touching is graver than looking, as it provokes desire more.
But it is known that the proponents of this view are the minority, while the majority of Muslim jurists, including the Companions, the Successors and those who followed them, are of the opinion that the face and the hands are excluded from the prohibition. They based their opinion on Almighty Allah’s saying, “And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent …” (An-Nur: 31) So where is the evidence on prohibiting handshaking unless there is desire?
In fact, I searched for a persuasive and textual proof supporting the prohibition but I did not find it. As a matter of fact, the most powerful evidence here is blocking the means to temptation, and this is no doubt acceptable when the desire is roused or there is fear of temptation because its signs exist. But when there is no fear of temptation or desire, what is the reason for prohibition?
Some scholars based their ruling on the action of the Prophet (peace and blessings be upon him) on the day of the Conquest of Makkah. When he wanted to take the pledge of women he said to them, “Go, for you have given your oath of allegiance.” But it is known that the Prophet’s leaving a matter does not necessarily indicate its prohibition, as he may leave it because it is haram (forbidden), makruh (reprehensible), or because it is not preferable. He may also leave it just because he is not inclined to it. An example of this last is the Prophet’s refraining from eating the meat of the lizard although it is permissible. Then, the Prophet’s refraining from shaking hands with women (other than his wives) is not evidence of the prohibition, and there should be other evidence to support the opinion of those who make shaking hands absolutely prohibited.
However, it is not agreed upon that the Prophet (peace and blessings be upon him) refrained from shaking hands with women to take their oath of allegiance. Umm `Atiyyah Al-Ansariyyah (may Allah be pleased with her) reported another narrative that indicates that the Prophet shook hands with women to take their oath of allegiance. This is unlike the narration of the Mother of the Believers `A’ishah (may Allah be pleased with her) who denied this and swore that it had not happened.
It is narrated that `A’ishah, the wife of the Prophet (peace and blessings be upon him), said, “When the believing women migrated to the Messenger of Allah (peace and blessings of Allah be upon him), they would be tested in accordance with the words of Allah, ‘O Prophet! If believing women come unto thee, taking oath of allegiance unto thee that they will ascribe nothing as partner unto Allah, and will neither steal nor commit adultery nor kill their children, nor produce any lie that they have devised between their hands and feet, nor disobey thee in what is right, then accept their allegiance and ask Allah to forgive them. Lo! Allah is Forgiving, Merciful.’ (Al-Mumtahanah: 12)” `A’ishah said, “Whoever among the believing women agreed to that passed the test, and when the women agreed to that, the Messenger of Allah (peace and blessings be upon him) said to them, ‘Go, for you have given your oath of allegiance.’ No, by Allah, the hand of the Messenger of Allah (peace and blessings be upon him) never touched the hand of any woman, rather they would give their oath of allegiance with words only.” And `A’ishah said, “By Allah, the Messenger of Allah (peace and blessings be upon him) only took the oath of allegiance from the women in the manner prescribed by Allah, and the hand of the Messenger of Allah (peace and blessings be upon him) never touched the hand of any woman. When he had taken their oath of allegiance he would say, ‘I have accepted your oath of allegiance verbally.’” (Reported by Al-Bukhari)
In his explanation of the saying of `A’ishah, “No, by Allah, the hand of the Messenger of Allah (peace and blessings be upon him) never touched the hand of any woman …” Al-Hafizh Ibn Hajar said: she swore to ascertain the news as if she (`A’ishah) wanted to refute the narration of Umm `Atiyyah. It is narrated on the authority of Ibn Hibban, Al-Bazzar, Al-Tabari, and Ibn Mardawih that Umm `Atiyyah said in respect of the story of taking the oath of allegiance of women, “The Messenger of Allah (peace and blessings be upon him) held out his hand from outside the house and we (the immigrating women) held our hands from within the house, then he said, ‘O Allah, bear witness.’” In another narration reported by Al-Bukhari, Umm `Atiyyah said, “… thereupon a lady withdrew her hand (refrained from taking the oath of allegiance)…” This narration indicates that they (the immigrating women) took their oath of allegiance by shaking hands. Al-Hafizh said: we reply to the first saying that holding out hands from behind a veil is an indication of the acceptance of the allegiance even if there was no shaking of hands. As for the second narration, withdrawing hands indicates the postponement of accepting the pledge of allegiance or that taking the pledge of allegiance happened from behind a veil. This is supported by that narration of Abu Dawud on the authority of Al-Sha`bi that when the Messenger of Allah (peace and blessings be upon him) wanted to take the pledge of allegiance of the immigrating women he brought a garment and put it over his hands saying, “I do not shake hands with women.” Furthermore, in his book Maghazi, Ibn Is-haq is reported to have said that when the Messenger of Allah (peace and blessings be upon him) wanted to take the pledge of allegiance of the immigrating women, he would dip his hands in a vessel and a woman would dip her hands with him in the same vessel.
Al-Hafizh Ibn Hajar said: it is possible that taking the pledge of allegiance happened on more than one occasion. Sometimes, it happened without touching hands by any means, as narrated by `A’ishah. Another time it happened that the women’s oath of allegiance was accepted by shaking their hands with the Prophet (peace and blessings be upon him), as narrated by Al-Sha`bi. A third time it happened that they dipped their hands in the vessel as mentioned by Ibn Is-haq.
The most correct view seems to be that it occurred on more than one occasion, if we realize that `A’ishah talked about taking the pledge of allegiance from the immigrating women after the Truce of Al-Hudaibiyah, while Umm `Atiyyah talked about what seems to be the oath of allegiance of the believing women in general.
By transmitting these narrations, I mean to clarify that the evidence of those who are of the opinion that shaking hands with women is prohibited is not agreed upon, as is thought by those who do not resort to the original sources. Rather, there is some controversy concerning this evidence.
Furthermore, some contemporary Muslim scholars have based their ruling concerning the prohibition of shaking hands with women on the Hadith narrated by Al-Tabari and Al-Baihaqi on the authority of Ma`qil ibn Yassar that the Messenger of Allah (peace and blessings be upon him) said, “It would be better for one of you to have himself stabbed on the head with an iron needle than to touch a woman that is illegal for him.”
Here, the following should be noted: 
1. The scholars and Imams of Hadith have not declared the authenticity of this Hadith. Some of them say that its narrators are trustworthy, but this is not enough to prove the authenticity of the Hadith because there is a probability that there is an interruption in the chain of narrators or there was a hidden cause behind this Hadith. That is why Muslim jurists in the periods that followed the death of the Prophet (peace and blessings be upon him) have not based their ruling on the prohibition of shaking hands with women on this Hadith.
2. Some Hanafi and Maliki jurists stated that the prohibition is not proven unless there is a certain qat`i (definitive) piece of evidence such as textual proofs from the Glorious Qur’an or authentic Hadiths on which there is no suspicion regarding the chains of narrators.
3. If we suppose that the above-mentioned Hadith is authentic, it is unclear to me that the Hadith indicates that it is prohibited for males and females who are not mahrams to shake hands. That is because the phrase “touch a woman that is illegal for him” does not refer to the mere touching without desire as happens in normal handshaking. But the Arabic word“al-mass” (touching) as used in the Shar`i texts of the Qur’an and the Sunnah refers to one of two things:
1. Sexual intercourse, as reported by Ibn `Abbas in his commentary to Almighty Allah’s saying, ‘… or ye have touched women …’. He stated that “touching” in the Qur’an refers figuratively to sexual intercourse. This is clear in the following Qur’anic verses that read: “She (Mary) said: ‘My Lord! How can I have a child when no mortal hath touched me?’” (Al `Imran: 47) and “If ye divorce them before ye have touched them …” (Al-Baqarah: 237)
2. Actions that precede sexual intercourse such as foreplay, kissing, hugging, caressing, and the like. This is reported from our righteous predecessors in the interpretation of the word “mulamasah”.
Al-Hakim stated in his Al-Mustadrak `Ala as-Sahihain: Al-Bukhari and Muslim have narrated many Hadiths that show that the meaning of the word “lams” (touching) refers to actions that precede sexual intercourse. Among them are:
a) The Hadith narrated by Abu Hurairah that the Prophet (peace and blessings be upon him) said, “…The hands fornicate. Their fornication is the touch …”
b) The Hadith narrated by Ibn `Abbas that the Prophet (peace and blessings be upon him) said, “You might caress her.”
c) The Hadith narrated by Muslim that Ibn Mas`ud is reported to have said that a person came to Allah’s Messenger (peace and blessings be upon him) and told him that he had kissed a woman or touched her with his hand or did something like this. He inquired of him about its expiation. It was (on this occasion) that Allah, Glorified and Exalted be He, revealed this Qur’anic verse that reads “Establish worship at the two ends of the day and in some watches of the night. Lo! good deeds annul ill deeds …” (Hud: 114)
d) `A’ishah (may Allah be pleased with her) is reported to have said, “The Messenger of Allah (peace and blessings be upon him) used to visit us (his wives) and it was his habit to kiss and caress us and do actions other than sexual intercourse until he reached the one whose turn was due and he stayed there.”
e) `Abdullah ibn Mas`ud is reported to have said in his commentary to Almighty Allah’s saying, “… or ye have touched women, …” that it refers to actions that precede sexual intercourse for which ablution is obligatory.
f) `Umar (may Allah be pleased with him) is reported to have said, “Kissing is to be considered among the touching acts, so perform ablution if you do.” (Al-Mustadrak, vol. 1, p. 135)
Hence, the opinion of Imam Malik and the substantial meaning of the legal verdict issued by Imam Ahmad in this respect are that the touching of a woman that nullifies ablution is that which is accompanied by desire. And this is the way they interpreted Almighty Allah’s saying, “… or ye have touched women, …”
That is why Sheikh Al-Islam Ibn Taimiyah regarded as weak the opinion of those who interpreted “mulamasah” or (touching) in the Qur’anic verse to mean mere touching without desire. In this regard, he says, “As for the nullification of ablution with mere touching, it does agree with the original rulings of the Shari`ah, the unanimous agreement of the Companions and the traceable traditions reported in this respect. Moreover, those who held this opinion have not based their ruling on a textual proof or an analogical deduction.”
So, if “touching” in Almighty Allah’s saying “… or ye have touched women, …” refers to touching with hands, kissing or the like, as said by Ibn `Umar and others, then it is known that when “touching” is mentioned in the Qur’an or the Sunnah it refers to that which is accompanied by desire. We would like to cite here the following verse that reads, “… and touch them not, while ye are in retreat in the mosques …” Here, it is not prohibited for the one who retreats to the mosque for devotion and worship to touch his wife without desire, but touching that is accompanied by desire is prohibited.
Also, this includes the Qur’anic verses that read “O ye who believe! If ye wed believing women and divorce them before ye have touched them, then there is no period that ye should reckon …” (Al-Ahzab: 49) “It is no sin for you if ye divorce women while yet ye have not touched them …” (Al-Baqarah: 236) For if he (the husband) touches his wife without desire, then the waiting period is not required and he is not required to pay her the whole dowry, according to the agreement of all Muslim scholars.
So, whoever assumes that Almighty Allah’s saying, “… or ye have touched women, …” includes general touching without desire has exceeded far beyond the language of the Qur’an and that of people. For if “touching” in which a man and a woman are included is mentioned, it is known that it refers to touching with desire. Similarly, if “sexual intercourse” in which a man and a woman are included is mentioned, it is well known that it refers to actual sexual intercourse and nothing else. (See the collection of Fatawa Sheikh Al-Islam Ibn Taimiyah, vol. 21, pp. 223-224)
In another context, Ibn Taimiyah stated: The Companions had debate regarding Almighty Allah’s saying, “… or ye have touched women, …”. Ibn `Abbas, supported by a group, held the opinion that touching here refers to sexual intercourse and added: Allah is modest and generous. He euphemizes with what He wills in respect of what He wills. Ibn Taimiyah added: This opinion is believed to be the most correct.
The Arabs disagreed regarding the meaning of touching: does it refer to sexual intercourse or actions that precede it? The first group said that it refers to sexual intercourse, while the second said that it refers to actions that precede it. They sought the arbitration of Ibn `Abbas, who supported the opinion of the first group and regarded that of the second as incorrect.
By transmitting all these sayings, I mean to show that when the word “al-mass” or “al-lams” (touching) is used to mean what a man does to a woman, it does not refer to mere touching but rather refers to either sexual intercourse or actions that precede it such as kissing, hugging, and any touching of the like that is accompanied by desire and enjoyment.
However, if we investigate the sahih (sound) Hadiths that are narrated from the Messenger of Allah (peace and blessings be upon him), we will conclude that the mere touching of hands between a man and a woman without desire or fear of temptation is not prohibited. Rather, it was done by the Prophet (peace and blessings be upon him), whose actions are originally a source of legislation. Almighty Allah says: “Verily in the Messenger of Allah ye have a good example …” (Al-Ahzab: 21). It is narrated on the authority of Anas ibn Malik (may Allah be pleased with him) that he said, “Any of the female slaves of Madinah could take hold of the hand of Allah’s Messenger and take him wherever she wished.” (Reported by Al-Bukhari)
The above mentioned Hadith is a great sign of the modesty of the Prophet (peace and blessings be upon him).
Furthermore, it is reported in the two Sahihs that Anas ibn Malik (may Allah be pleased with him) said, “The Prophet (peace and blessings be upon him) used to visit Umm Hiram bint Milhan, who would offer him meals. Umm Hiram was the wife of `Ubadah ibn As-Samit. Allah’s Messenger once visited her and she provided him with food and started looking for lice in his head. Then Allah’s Messenger slept putting his head in her lap, and afterwards woke up smiling. Umm Hiram asked, ‘What causes you to smile, O Allah’s Messenger?’ He said, ‘Some of my followers who (in a dream) were presented before me as fighters in Allah’s Cause (on board a ship) amidst this sea cause me to smile; they were as kings on thrones …’”
Al-Hafizh Ibn Hajar has mentioned lessons that are deduced from this Hadith: The guest is permitted to nap in a house other than his own on condition that he is given permission and there is no fear of fitnah. According to this Hadith a woman is also permitted to serve the guest by offering him a meal, drink or the like. Furthermore, a woman is permitted to look for lice in his head, but this last was an object of controversy. Ibn `Abd Al-Barr said, “I think that Umm Hiram or her sister Umm Sulaim had breast-fed the Messenger of Allah (peace and blessings be upon him). So, each one of them had become his foster mother or his foster aunt. That was why he (the Prophet) used to sleep in her house and she used to deal with him as one of hermahrams.” Then he (Ibn `Abd Al-Barr) mentioned what indicates that Umm Hiram was one of the Prophet’s mahrams, as she was one of his relatives from his maternal aunts, since the mother of `Abd Al-Muttalib, his grandfather, was from Banu An-Najjar.
Others said that the Prophet (peace and blessings be upon him) was infallible and could control his sexual desires even from his wives, so what about other women who were illegal for him while he was granted infallibility from doing any wrong action or obscenity? This was one of his distinctive traits.
Al-Qadi `Iyad replied that the distinctive traits of the Prophet are not proven by personal interpretations of Hadiths. As for his infallibility, it is indisputable, but the original ruling is that it is permissible to take the Prophet’s actions as a model unless there is evidence that this action is one his distinctive traits.
Furthermore, Al-Hafizh Al-Dumyati said: It is wrong to claim that Umm Hiram was one of the maternal aunts of the Prophet (peace and blessings be upon him) either by reason of marriage or fosterage. Those who breast-fed the Prophet (peace and blessings be upon him) are well known. None of them was from the Ansar except the mother of `Abd Al-Muttalib. She was Salma bint `Amr ibn Zaid ibn Lubaid ibn Khirash ibn `Amir ibn Ghunm ibn `Adyy ibn An-Najjar. While Umm Hiram is the daughter of Milhan ibn Khalid ibn Zaid ibn Judub ibn `Amir ibn Ghunm ibn `Adyy ibn An-Najjar. Umm Hiram has a common ancestor with Salma only in their grandfather `Amir ibn Ghunm. So, they are not among his mahrams because it is a metaphorical relationship. Al-Hafizh Al-Dumyati added: If this is proven, it is reported in the Sahih books of Hadith that the Prophet (peace and blessings be upon him) used not to enter any house in Madinah except the house of Umm Sulaim besides those of his wives. When he was asked why, he said, “I take pity on her, as her brother (Hiram ibn Milhan) was killed in my company.”
If this Hadith has excluded Umm Sulaim, then Umm Hiram is granted the same exclusion as her because they are sisters and resided in the same house; each one of them had her own apartment beside their brother Hiram ibn Milhan. So, the case is mutual between them, as reported by Al-Hafizh ibn Hajar.
Moreover, Umm Sulaim is the mother of Anas ibn Malik, the servant of the Prophet (peace and blessings be upon him), and it was the habit of people that the master mixed with his servant and his family and did not deal with them as outsiders.
Then, Al-Dumyati said: There is no indication in the Hadith showing that the Prophet (peace and blessings be upon him) had khulwa (privacy) with Umm Hiram, as this might have happened in the presence of a son, a servant, or a husband.
Ibn Hajar replied: This is a strong likelihood, but it does not refute the original argument represented in looking for lice in the head and sleeping in her lap.
Ibn Hajar added: The best reply is that it is one of the distinctive traits of the Prophet (peace and blessings be upon him) (See Fath Al-Bari, vol. 13, pp. 230-231).
What I conclude from the aforementioned narrations is that the mere touching is not haram. So, if there exists reasons for mixing as that between the Prophet (peace and blessings be upon him) and Umm Hiram and Umm Sulaim and there is no fear of fitnah, then there is nothing wrong with shaking hands when there is a need for it, such as when returning from travel, the non-mahram male relative visiting his female relative, and vice versa, especially if this meeting happens after a long period.
Finally, I would like to ascertain two points:
Firstly, shaking hands between males and females who are not mahrams is only permissible when there is no desire or fear of fitnah. But if there is fear of fitnah, desire, or enjoyment, then handshaking is no doubt haram (unlawful). In contrast, if either of these two conditions (that there is no desire or fear of fitnah) is lacking between a male and any of his femalemahrams, such as his aunt or foster sister or the like, then handshaking will be haram (although it is originally permissible).
Secondly, handshaking between males and females who are not mahrams should be restricted to necessary situations such as between relatives or those whose relationships are established by marriage. It is preferable not to expand the field of permissibility in order to block the means to evil and to be far away from doubt and to take the Prophet (peace and blessings be upon him) as a model when there is no proof that he shook hands with a non-mahram woman. Also, it is preferable for the pious Muslim, male or female, not to stretch out his/her hand to shake the hand of anyone of the opposite sex who is not mahram. But if he/she is put in a situation that someone stretches out his/her hand to shake hands with him/her, then he/she can do that.
I have tried to clarify the detailed ruling of the issue here in order to inform those who are in the dark about it how to behave while sticking to the tenets of their religion. Also, when the detailed Islamic ruling is explained and people are fully aware of it, there will be no room for personal justifications that are not supported by legal backing.

Selasa, 08 Mei 2012

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