COMMENTS ON FGM (FEMALE GENITAL MUTILATION)
KNOW YOUR SHARIA - BANGLA BOOK:- http://www.banglacl ick.com/islam- o-sharia- p55045.html
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Date: Sat, 26 Jan 2008 06:05:07 -0800
Assalamu Alaikum. I have read Hasan Mahmud sahib's letter and I find a change of tone which I appreciate. I quote from his letter quote One more lesson for us. Many Sharia Laws and "Sahi" Hadises are anti-Islamic. That is exactly what I'm struggling against, not against Sharia as "Moral Code" as per the Quran. unquote.
To clarify the basic issue which really relates to Sunnah and Hadith, I may mention that it is agreed by all scholars that Most of the Hadith are Ahad and even if Ahad is considered Sahih by the collector of hadith , it remains Zanni in character that is its authenticity is not a hundred percent definitive ( Qati).
It should also be clear that Sahih in Bukhari means Sahih according to judgment of Imam Bukhari, others may not agree. This has happened in fact and Imam Daraqutni, Albani and others found some Hadith as weak in Bukhari, Muslim and other Sahih collections.
All the Hadith books and Fiqh and Tafsirs quoting many hadith have been source-critiqued and weak in those books have been identified ( Please see Approaches to Sunnah by Dr Qaradawi, chapter 2 )
Now there is a large group of Hadith which has been considered Sahih till date by all. We should be more careful about them.
Om the other hand there is a group Hadith in Sahih collections which have been considered Sahih by some and weak by others. Reasonably knowledgeable Muslims have right to take any view in this regard as per understanding.
I can say for myself that in Bukhari and Muslim, I did not find more than twenty hadith which I could not explain or understand or reconcile with Quran or reason. I refrain from these few hadith as these are Ahad on the basis of principles followed by scholars and principles of Usul.
I would mention a few points for better understanding of the Sunnah or hadith---
1.Sunnah should be understood in the light of the Quran.
2.If several interpretations of a Sahih hadith is possible , preference should be given to one in line with the Quran.
3.Sunnah in a matter is not found always in one Hadith.All the Sahih Hadith on any particular matter have to considered together to find the Sunnah in the matter
4.Understanding the Sunnah in the light of the objective of the Hadith should be the method.
.5.Where necessary figuirative meaning of the Hadith has to be taken.
6 Hadith relating to occurances after death and Akhirat, Jannat and Jahannam should not be judged by what we see and know in the world.The laws and scales of Akhirat will be different.(These principles have been explained in the book Approaches to Sunnah, third chapter, by Dr Qaradawi)
On the issue of FMG Mr Hasan mahmud has mentioned two Hadith, one from Bukhari and the other from Abu Dawud .Hadith of the Bukhari given does not make FMG obligatory , even Mustahab.
The status of Hadith of Abu Dawud, I can not say immediately aboutits degree of authenticity, but there is nothing in it to make FMG
The scholars have taken all aspects of hadith and objectives of Islam in giving their decision in this regard as mentioned below..
I can only request Hasan Mahmud sb to study the subject of Hadith more carefully in an Islamic institute or university, if possible,
Shah Abdul Hannan
From: Banglar Islam
Sent: Tuesday, February 05, 2008 1:17 AM
Subject: RE: [khabor.com] Fw: Muslim Scholars for Banning FGM ----http://www.islamonline.net/servlet/Satellit
Salam. Tone fluctuates– conviction stands strong. We simply shun a Hadis if it is ridiculous, illogical, anti-justice, anti-women, anti-nonMuslims etc. See the trap - before 1400 some Hadis-doctors decided something and effected millions lives. After many centuries another folk of Hadis-doctors decided some of those wrong, again effecting millions of lives. And now after many centuries, some other Hadis-doctors are claiming some of them as invalid or authentic, again effecting millions of lives. And after few centuries some other scholars will “prove” today’s Shah Hannans wrong, again effecting millions of lives. What a dangerous game with Islam !
This is also not true that one scholar’s opinion is not binding, it all depends on who has the political power - look at the Sharia-countries of past and present. People were killed by state-power for opposing the late Saudi Imam Bin Baaz who created all those anti-women laws in Islam’s name. Dr. Qarzavi no less self-contradicting than Mawdudi. Sir, a scholar is a scholar only if and when s/he harvests human welfare from reading hundreds of books, otherwise not.Qarzavi / Mawdudi fail there.
If several interpretations of a Sahi hadith is possible, if Sunnah should be understood in the light of the Quran, then what about contradicting understanding of the Quran itself, and how to quality-control those “interpretations”? What about distorted understanding of the Quran established by patriarchy and powerful vested interest group?
These are important questions, yet to be answered satisfactorily.
Sir Hannan, I quoted two Sahi Hadises and one Sharia law not to prove FMG obligatory but then again, if two “Prophet’s Examples” and one “Allah’s Law” do not make something obligatory what does? Anyway, I quoted them only to show that the claim of the scholars that there was no support to FGM in “Islam” or Sahi Hadises was simply not true. They must not bypass or hide but mention those documents and declare them invalid.
Thanks for your advice but I am studying Hadis in the sad universe of Muslim women through Hadises - Mursal, musnad, musnad-i munqati', mawsul, mutawatir, Mashhur, mawquf, ahad, muallaq, qudsi, qawi, nasikh, mansukh, Aam, Khaas, Hasan, Maqtu, shadh, gharib, daif, muhkam, mutashabih, munfasil, mustafid, muddarib, mardud, muftari, mawdu etc.
My teachers are world’s best Hadis and Sharia-scholars, - those millions of Muslim women destroyed by Hadis and Sharia laws.
Who knows fire better than a burnt butterfly?
From: S A Hannan
Subject: Re: [khabor.com] Fw: Muslim Scholars for Banning FGM ----http://www.islamonline.net/servlet/Satellit
Assalamu Alaikum. The issue under discussion that is FGM on which the major scholars have ruled that this should be banned. They have given their arguments. They are trained jurists , they know the juristic method well, they know how to use legal materials in the Quran and Sunnah in giving rulings. What comment I can give further on this.
The jurists by and large keep the Maslaha ( public good, a principle of Usul ) and Istihsan ( juristic preference , another principle of Usul), principles of Taarud ( conflict ) resolution and the Hukm Sharii principles ( principles of legal category involved) in mind when formulating rules.
The old jurists kept these in view in their circumstances and the modern jurist their circumstances. Moreover now juristic rulings are moving from individual ruling to collective ruling.
The jurists in principle believe that there can be difference of opinion in Ijtihad or interpretation of legal materials and this principle has helped the Ummah in facing the changing circumstances. These are not binding forever.
As for Sunnah and Hadith, I have nothing to say than what I explained before. The problem if any has reduced to the minimum and scholars, Insha-Allah would solve them all. Sunnah is not against woman as such or any group. Quran and Sunnah are against criminals ( men and women), against evil-doers of all kinds, against deniers of Truth of Islam and deniers of God and His teachings and Prophets, including the last Prophet.
If some one wants to prove Sunnah against women, it is mis-conceived, others try to prove that the Quran is against women. There is no end to such arguments but the faithful scholars and Muslims have found all these claims un –founded or mis-interpretation.
These days even in states which want to follow Islam ,laws will no longer be based on individual fatwas or juristic opinions as in the past when laws were made by jurists, not the state as in Umayyad or Abbasid period. Then various fatwas had some role for the judges who implemented justice.
Now laws are made in states who want to follow Islam by the state ( Parliament or authority designated for that purpose ) and there is only one law on a matter not various fatwas. The fatwas only help the state organ to reach a proper decision and or make a law.
Shah Abdul Hannan
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