| 2 years ago :: Feb 22, 2011 - 3:50AM #11 | |
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I see from your note, Abdullah, that for the Hanafi, idol-worshippers may either be given dhimmi status (pay the jizya) or be enslaved. So I infer that idol-worshippers are not necessarily treated by the Hanafi the same as the People of the Book, since People of the Book (Christians, Jews) will be given dhimmi staus and not enslaved. Thanks for clarifying this for me (assuming I have this correct now). |
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| 2 years ago :: Feb 22, 2011 - 3:58PM #12 | |
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Hi Alex them articles seems to be right, but there is far more to getting a comprehensive view in all of this than a limited opinion of one Scholar, thus we really cannot make a final comprehensive view from this as to what the stance of those madhabs will be; there is a lot more to be taken into consideration, such as peace treaties, enslaving idolators [rather than being killed], and inviting them to Islam before they are fought, and for how long, etc,; also there is the issue of one madhab swtiching to the view of another madhab if it is considered the better and more suitable option, etc, but if we were to judge on the assumption that any particular given madhab, will invite the idolators to Islam for a period of time, and warn them of confrontation too, and thereafter declaring war on them. maybe a wisdom of that is that, Islam comes with such compelling arguments and signs of Truth, that after the period of dawah [invitation to Islam], the rejectors of faith should be fought as they have basically chosen to become enemies of their creator; also fighting them might make them give up their rebellious attitude against such an obvious Truth, and the fear of dying and meeting their maker might jolt some sense into them and they might accept Islam due to that, hence saving themselves from an eternity in the fire but as I say, there is so much more that the Scholars could take into consideration before they adopt a line of action towards idolators, and espeically in this day and age, I wouldn't be surprised if the way of peace treaties and adopting more lenient views is given precedence
hope this helps Peace
ps: the wisdom of giving the people of the Book dhimmi status maybe that, since the people of the Books religions were originally God-revealed [allthough now distorted] thus they may have more of a disposition where they stand a better chance of gradually coming into Islam but ultimately i think it is important to consider that the Hanafi school is one of the recognised valid schools of mainsteam Islam, and it's understanding of this issue is that dhimmi status can be given to a non Arab idolator; if it should be correct that dhimmi status is not given to an Arab idolator, maybe that is because the arab idolators being more closer to Muslims, would have been exposed to Islam so well that their rejection of islam is bound to be a denial of what they know to be the Truth, and thus God may not consider such people to be worth breathing His air enslaving Arab-idolators may apply too in the traditional fiqh, and the institution of slavery in islam is a rehabilitation institution [where prisoners are rehabilitated and in oerwhelming cases, then freed], where slaves are given unprecedented rights and treated with human dignity and respect and virtually as a member of the Family, thereby exposing them to a most beutifull Message of islam in action; many thousands who were enslaved, ended up converting to Islam...; read about this very effective prisoner rehabilitation system in Islam on the following link: |
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| 2 years ago :: Feb 23, 2011 - 3:40AM #13 | |
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I understand your point, Abdullah, about the complexity of these legal systems and the difficulties in assuming that the simple words of a single text reflect the actual legal rulings as they are applied. However, these legal codes, like the Hidayah which you call the main book of Hanafi fiqh, are very helpful to those of us who don’t have a real education in Islam. I’m wondering if there is any such text codifying the law as taught by the Hanbali school. Also, is there a better Maliki legal code book than The Risala which I cited earlier? |
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| 2 years ago :: Feb 24, 2011 - 3:49PM #14 | |
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There are Hanbali fiqh books and other Shafi one's too, but not sure wether any are available online; regarding the hanbali modern translations though, one should be carefull that they are not distorted by Wahhabi's, for Wahhabi's claim Imam Hanbal for themselves The word in Arabic for 'idolator' is 'mushrik' and i think a better translation of it would be 'associator' for it means one who associates partners with Allah, so it dont litterally have to be an idol worshipper, for in Islam all non muslims are considered to be associators, iether by worshipping something else other than the one and only true God; Allah [swt] or iether by rejecting the Message of Islam and thereby associating their own customs with His prerogative to be worshipped as He Directs In the following verse Allah says: Do not marry unbelieving women until they believe. A slave woman who believes is better than an unbelieving woman, even though if she attracts you. And not marry (your girls) to unbelievers until they believe. A man slave who believes is better than an unbeliever, even though if he attracts you. Unbelievers do (but) beckon you to the fire but Allah beckons by His grace to the garden (of bliss) and forgiveness, and makes His signs clear to mankind; that they may receive admonition�. (al-Baqarah, 221). The above verse of the Holy Qur�an along with many other statements of the Qur�an and Sunnah clearly mention the impermissibility of Muslims marrying non-Muslims. Therefore, a marriage between a Muslim and someone from another religion will not be lawful or even valid according to Islam. The exception, however, is mentioned in the following verse: qa.sunnipath.com/issue_view.asp?HD=1&ID=... the word actually used for 'unbeliever' in that verse is 'mushrikoun' [the male and female indicator of it] which is the plural of mushrik, thus we can see how they are considered to be all non-muslims; it is only due to another verse giving an exception to the ahli kithab [christian and jews] is it understood that ahli kithab women are allowed for muslim men the ahli kithab are considered to be mushrikoun as well, but they have also been given the title ahli kithab as they have had a Book revealed to them in the past Also another decicive evidence of that i'd say is in the following verses:
it is seen in the above verses that ALlah never forgives the sin of associating partners with Him [which is called 'shirk'], thus we know from this that anyone who dies whith shirky beliefs or not having repented from shirky actions, is never forgiven and remains in hell forever “Surely, those who disbelieve and did wrong; God will not forgive them, nor will He guide them to any way except the way of Hell, to dwell therein forever.” (Quran 4:168-169) “Surely, God has cursed the disbelievers, and has prepared for them a flaming Fire wherein they will abide for ever.” (Quran 33:64) “And whosoever disobeys God and His Messenger, then surely, for him is the fire of Hell, he shall dwell therein forever.” (Quran 72:23) we can see from the above verses that a kaafir [desbeliever] is never forgiven iether, hence this goes to show how desbelief in Islam is synonymous with shirk Also the fact that only the ahli kithab and idolators are being mentioned in them fiqhy excerpts [the fire-worshippers [zoroastrians?] are regarded to be a group a christian sect I think of the past] makes it seem all the more that what is meant by 'idolator' is all non-muslims other than the ahli kithab [and fire-worshippers] I think there is no contradiction between what is said in the risala of the Maaliki fiqh, and what is mentioned of that jizya is collected from all non-muslims, but that the latter one is a more comprehensive view; this is what i meant that a limited statement in one fiqh book can be misleading to those without all the contextul knowledge |
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| 2 years ago :: Feb 25, 2011 - 2:58AM #15 | |
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Are there fiqh books of the (non-Wahhabi) Hanbali, the Shafi’i (other than Reliance of the Traveller), or the other schools that are translated into English? Even if they are not available online, I would be very interested in knowing what books are available. As far as I can see, the Hidayah is not online but it is available in English; it is very useful to have your opinion of it as a key Hanafi text. |
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| 2 years ago :: Feb 25, 2011 - 8:12AM #16 | |
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Sorry Alex i'm in the dark just as you are really regarding the shafi and hanbali fiqh books; some search's did not bring up anything on Hanbali fiqh books apart from some online fiqh sites: www.ibnfarooq.com/lessons.html www.scribd.com/doc/8488561/Fiqh-Made-Eas... www.muhaddith.org/fiqh.html [this one contains download of fiqh of all four madhabs] the following is a shafi fiqh book in english: Manual Of Islam (AL-MAQASID) by imam an nawawi Here is a site that lists the various shafi fiqh books: |
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| 2 years ago :: Feb 26, 2011 - 3:35AM #17 | |
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Thanks again for all of your help, Abdullah. You have certainly given many important insights concerning the outlook of traditional Islam. I’m sure we’ll be in contact on Beliefnet in the future. |
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| 2 years ago :: Mar 04, 2011 - 1:42PM #18 | |
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