Challenges of the Progressive Muslim

Copyright © 2011 by Aaron N.R. Wilson.

Library of Congress Control Number:       2011907807

ISBN:         Hardcover                               978-1-4628-7337-1

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Contents

Chapter 1 The Prophet Muhammad and the Advent of Islam

Chapter 2 The Sacred Texts of Islam

Chapter 3 Influence of Pre-Islamic Arabia on Islam and Shar’ia Law

Chapter 4 Schools of Shar’ia Law and Hadith

Chapter 5 Necessity, Creation, and Maintenance of Shar’ia Law

Chapter 6 Muslim Criticism of Sources and Shar’ia Law

Chapter 7 The Universal Declaration of Human Rights

Chapter 8 Universal Islamic Declaration of Human Rights Cairo Declaration of Human Rights in Islam

Chapter 9 Muslim Commentary and Actions for Islam’s Compatibility with the Universal Declaration of Human Rights

Chapter 10 Negative Arguments for the Compatibility of Shar’ia Law with the Universal Declaration of Human Rights

Chapter 11 Muslim Calls and Ideas for Change in Shar’ia Law

Chapter 12 Conclusion

Appendix A The Universal Declaration of Human Rights

Appendix B Universal Islamic Declaration of Human Rights

Appendix C The Cairo Universal Declaration of Human Rights in Islam

Glossary of Terms

DEDICATION

I would like to thank Tiffany Gratien for her photography work and Erin Wilcox for her tireless editing assistance. Special gratitude goes to Dr. David Steigerwald for driving me to a history major and ruining my life and Dr. Robert Cecire for directing my graduate studies. I am ever grateful to my mother, Elaine Kaple, and Father Timothy Downey for the basics. Most of all I would like to thank my wonderful wife, Angela, and our children, Justin, Jessica, and Elijah, who give me some space when I am writing, and let me play too when I am not.

Introduction

ISSUES CONCERNING ISLAM have been in the headlines across the globe for some time. Often the focus is on harmful results caused by various elements of the faith. These situations tend to focus on negative teachings and customs that paint Muslims as generally bad people. That, of course, is not the case if one is to learn more about their religion and culture.

Like any organization, not all members follow the mainstream. This becomes all the more difficult for these free thinkers when the group is one of devotion and faith. This is especially if the heart of the belief is based on the community of followers, as is Islam. This book will focus on the truly moderate Muslims who want to live in peace within the global community. These progressives are often forgotten by the mainstream because so few have found the foundation necessary to speak out. Fear and loyalty are amongst the numerous reasons that this necessary encouragement for progress does not come from within the Muslim community itself.

In order to truly comprehend the struggle of progressive Muslims, an understanding of the nature of Islam, as well as its laws (Shar’ia), is required. I am not just speaking of non-Muslims who have never had a need to learn of such matters; I am including the multitudes of individuals who claim to be Muslims yet have minimal, if any, understanding of the faith’s customs or their origins. The reader, however, should not be hard on such Muslims. How many people do you know in the same situation concerning their inherited religious traditions?

Therefore, the intention here is to open the eyes of a wide array of people to where some of these controversial issues not only developed, but how they have been maintained throughout history. Also, the various ways these divisive topics can be viewed within the Islamic community today will be discussed. The foundation of Islamic law, however, is eternal. This can cause serious problems for moderate Muslims. A refreshing fact is that many Muslims throughout the world just want to live a good life, go to work, worship as they see fit, and raise their families unhindered while not mistreating others. This book is in support of these human beings.

To keep the process harmonized the measurement of time will be in the modern calendar of the Christian era. Though the Muslim calendar was started in the year 622 AD, and a translation can be done without difficulty, the more familiar version is already widely understood. As all events in this work have taken place in the Current Era, the traditional terms AD and CE will not be utilized as the year is understood.

Becoming accustomed to a selection of terms is important in understanding this composition, but have no fear; many Arabic and English terms are matched up with definitions to keep the reader from becoming easily lost. Also, there is a glossary in the back of the book with further explanations of certain expressions.

There are, however, a few terms the reader must be familiar with to begin. One is the umma. This is the Arabic name for the all-important Muslim community. As shall be shown, the entire faith is based on this institution. Shar’ia law is the socio-religious dictations that all Muslims must live under in every aspect of their personal and private lives. The use of the word apostasy shall be in the principle of one leaving their religious faith, namely Islam. Also important is the term abrogation. This word means to supersede or replace. As we shall see, many arguments over human rights in Islam are based on which (and if) doctrinal statements abrogate others.

The core text for references is the Qur’an, which are the foundation of Islamic thought as well as the mandates of Shar’ia law. Translator N.J. Dawood was a renowned English typesetter from Iraq. His rendition was chosen for reasons of authenticity. The original 1956 work is the first full translation of the Qur’an into contemporary English and has since stood as strong as his references. As shall be exposed, issues from accuracy to deceit can impede the quality of language conversion. Such problems are of no concern for Dawood’s work. The genuineness of this translation is seen in that it was done in order for non-Arabic speakers to understand the true nature of Islam. Also, the original translation was completed well before the current global influences of radical Islam, petrodollars, and political correctness. I highly recommend it for anyone interested in an unbiased version of Islam’s holy book.

Doctrinal texts such as the Hadith (words and deeds of Muhammad and his companions) and the Sira (Biography of the Prophet) are also noted whenever possible. Writings concerning Islam and Shar’ia law involve a range of research spanning centuries. Popular non-canonical publications such as Ahmad ibn al-Misri’s Reliance of the Traveller, and other views to the use of Shar’ia law for Muslims are also used. Much pre-nineteenth-century work on the issue was done in a positive outlook. This is in part due to negative criticism being a crime for Muslims. Non-Muslims mostly have had free reign to publish their views. Nevertheless, modern literature by Muslims has become split on the topic. Several authors of various faiths, using praise and criticism of Islamic law and its roots, will be observed.

In order to further scrutinize the problems faced by progressive Muslims when it comes to assimilation, a standard of globally accepted human rights was necessary for comparative purposes. The United Nations’ Universal Declaration of Human Rights (UDHR) is considered a cornerstone of civil liberties by much of the world. References will be used that have covered the development of the Document, embracing the controversy between Islamic and non-Islamic views. The Universal Islamic Declaration of Human Rights and the Cairo Declaration of Human Rights in Islam shall also be utilized to consider the official view of Islam towards the UDHR and human rights in general. The three Documents are available in their entirety in Appendixes A-C.

I hope after reading this book you will better understand some of the core issues that put Islam in contention with various human rights that have been established by the West. This work is by no means a dissenting view towards the followers of any faith. It is a clear study of what beliefs moderate Muslims are up against in order to truly live in harmony with their non-Muslim neighbors. I implore Muslims to explore the methods outlined here that can help bring unity throughout all peoples of the world. Also, I beg non-Muslims to come to realize the difficult struggles that truly moderate Muslims face, and encourage such thinking. It will take strong, sincere, and reciprocal support from within as well as outside the Muslim community to achieve this task. Nevertheless, I believe it can be done.

Chapter 1

The Prophet Muhammad

and the Advent of Islam

IN ISLAM, MUHAMMAD (570-632) is considered to be the last Prophet before the final judgment.¹ Muslims believe in the same monotheistic divinity worshipped by Jews and Christians. Therefore, in Islam, Yahweh, God, and Allah are all referring to the same deity. Muhammad’s revelations seal the line of divine communications to all previous prophets. These include Adam, Abraham, Noah, Moses, and Jesus among others.²

Muhammad was born in 570 posthumously to Abdullah bin Abd al-Muttalib of the ruling Quraysh tribe in the Arabian city of Mecca. His mother died six years later.³ Muhammad was then raised by his grandfather and later his uncle Abu Talib.⁴ Muslims believe he was protected by God, who ensured he experienced an innocent existence, until he was ready for his prophetic career to begin. This is the reason for his being known as The Trustworthy among his peers.⁵

The Quraysh held a lax rule over the tribes surrounding Mecca. The group controlled the trade affairs along the popular Incense Road. They also ruled the religious cult center within the city used by surrounding tribes. Therefore, Muhammad’s upbringing exposed him to various faiths. A small temple called the Ka’ba was the focal point of worship. A hub for pagan pilgrimage, this setting was considered especially sacred to Allah (the creator), who was believed to be the father and ruler of all other gods in Mecca.⁶

Muhammad was believed to have been a shepherd in his childhood and he began to work in the trading industry as a young adult. He was later commissioned by a well-to-do widow named Khadija to oversee her caravans from Mecca to Syria. Around 595, his modest character and ability to generate ample profits led Khadija to propose marriage. Though the bride was believed to be fifteen years senior to the twenty-five-year-old groom, she bore him six children: two sons and four daughters. Neither of the male heirs survived their youth.⁷ The future prophet had yet to find his true calling.

Muhammad’s prophetic career began in 610 when the angel Jibra’il (Gabriel) appeared to him on Mount Hira and commanded him to recite! These revelations continued until Muhammad’s death in 632. The prophet publicly narrated his revelations and they were subsequently recorded in written form. A collection of these works were compiled into the sacred Islamic book known as the Qur’an.⁸

Muhammad’s initial meeting with divinity, which is disclosed in the ninety-sixth sura (chapter) of the Qur’an, is one of the few visions received by the Prophet. The majority of his divine encounters came through an auditory means known in Arabic as wahy.⁹ Muhammad began public preaching in Mecca in approximately 613.¹⁰ His calls primarily began with commands to proper living and religious devotion.¹¹

This devotion called for complete submission to the will of Allah. The word Islam itself translates into submission. A person who submits to Allah is called a Muslim.¹² This is done by professing the shahada, claiming the uniqueness of Allah as God and acknowledging Muhammad as his prophet. This heartfelt statement professes Islam in its entirety and doing so is the only official prerequisite for entry into the Islamic community (umma).¹³ Still, these fresh ideals of the Prophet spread slowly at first.

Muhammad’s wife Khadija was the first convert. Supporting her husband after his fearful encounter with the angel Jibra’il, she not only sustained his belief, but brought others into the fold. Muhammad’s first cousin and future successor, Ali, became his son in law when he married Muhammad and Khadija’s daughter, Fatima. He then became the first male convert to Islam.¹⁴

Muhammad’s early career went relatively unhindered. It was when the Prophet called the pagans of the Quraysh tribe to submit to the omniscient Allah that things became tense for Muslims. This caused a major clash between monotheism and polytheism. Muhammad’s actions attacked the old religious establishment that was not only entrenched among the indigenous population, but was also a financially profitable system, as Mecca was a chief pilgrimage site. The Prophet had become a thorn in the side of the population.

Muhammad’s uncle, Abu Talib, was head of the Hashim clan and granted his nephew and followers protection. Talib’s death in 619 led to the reign of his brother, Abu Lahab. Lahab withdrew the protection of the Hashims. Lahab forced Muhammad to admit Talib was in Hell as he had not accepted Islam. The repercussions of this disrespectful act, compounded by the death of Khadija the same year, led Muhammad to seek a new base for his movement.¹⁵

Muhammad found a satisfactory location in the northern oasis town of Yarthrib (Medina). Due to pressure in Mecca, his community relocated, at the invitation of the Medinans. This presented the prospect for the earliest forms of Islamic organization to take root. The immigration known as the Hijra occurred in July 622.¹⁶

The Hijra is significant in Islamic history as it represents Muhammad severing connections with his birth