Poem: The animals and the Ark

The animals and the Ark

Rendered to the English by Hood Bradford
from the original Arabic of Ahmad Shawqi

When Noah’s Ark was done, water ensued to swell,

Divine assistance came to move its hefty hull.

And then inside a sight than no one thought to see,

The waves had not splashed out upon the open sea

Until you saw the Lion stroll as donkey’s pal.

A cat he frolicked, mice caressing on his tail

And elephants they listened so, they could not bore,

to foul sounds of comfort that came from the Boar.

The feline race, it raced up to the Canine’s side.

The wolf’s fang now for sheep to love & kiss in pride.

Gazelles they leaped to reach up to the vultures height,

While ants they met with aardvarks almost every night.

Small chicks they groomed the foxes coat so ever soft.

The rabbit’s love then tamed the weasel’s wily craft.

So old disputes were squashed and thought as never so,

and jubilation spread within the Ark below.

Until the day that great ship onto Judi lay.

And all in it ‘came certain of another day.

Returned they did to former tendencies and ways,

And took upon themselves the mode of long-gone days.

So correlate to this the likeness of mankind

When danger strikes and hazard fills the heart and mind

But yet you only see from them such struggle, strife

For most of them they live a sort of normal life…

الحيوانات والسَفينَة
للشاعر أحمد شوقي

لَمّا أَتَمَّ نوحٌ السَفينَةْ -*- وَحَرَّكَتها القُدرَةُ المُعينَةْ
جَرى بِها ما لا جَرى بِبالِ -*- فَـما تَعَالى المَوجُ كَالجِبالِ
حَتّى مَشى اللَيثُ مَعَ الحِمارِ -*- وَأَخَذَ القِطُّ بِأَيدي الفارِ
وَاِستَمَعَ الفيلُ إِلى الخِنزيرِ -*- مُوتَنِساً بِصَوتِهِ النَكيرِ
وَجَلَسَ الهِرُّ بِجَنبِ الكَلبِ -*- وَقَبَّلَ الخَروفُ نابَ الذِئبِ
وَعَطَفَ البازُ عَلى الغَزالِ -*- وَاِجتَمَعَ النَملُ عَلى الأَكّالِ
وَفَلَتِ الفَرخَةُ صوفَ الثَعلَبِ -*- وَتَيَّمَ اِبنَ عِرسَ حُبُّ الأَرنَبِ
فَذَهَبَتْ سَوابِقُ الأَحقادِ -*- وَظَهَرَ الأَحْبابُ في الأَعادي
حَتّى إِذا حَطّوا بِسَفحِ الجودي -*- وَأَيقَنوا بِعَودَةِ الوُجودِ
عادوا إِلى ما تَقتَضيهِ الشيمَةْ -*- وَرَجَعوا لِلحالَةِ القَديمَةْ
فَقِس عَلى ذَلِكَ أَحوالَ البَشَر -*- إِن شَمِلَ المَحذورُ أَو عَمَّ الخَطَر
بَينا تَرى العالَمَ في جِهادِ -*- إِذ كُلُّهُم عَلى الزَمانِ العادي

Use of human shields in warfare and the classical Juristic opinions concerning offensive tactics in this situation

Use of human shields in warfare and the classical Juristic opinions concerning offensive tactics in this situation
This post relates to a specific issue brought up concerning warfare. War and peace are issues that relate to Internation relations, and because of this it was posted in the Internation relations category.

Use of Muslims as Human shields by Non-Muslims

Jurists agreed that if Muslims were used as human shields during battle then attacks can still be carried out.
The following points should then be considered:
A. that the battle is taking place
B. that the disbelievers are targeted
C. that if the battle did not continue then the position of the Muslims would be compromised or would lead to losing the battle

If however there is no necessity to attack, being that the battle is not taking place or there being the possibility that they can be subdued in another manner then the Jurists of the Hanbali and Shafi schools did not allow attacking them unless there was a necessity (Darurah). Al-Hasan ibn Ziyad of the Hanafi school was of the same opinion.

As for the Hanafi school then they permitted attack without the call for necessity, being that in such a strike the Muslim society would be protected from general harm of assault by their enemies.

The Maliki school allowed for them to be attacked, while stipulating that that human shields are not to be targeted unless there is the possibility that a majority of the army is feared for (regardless of whether the number of human shields is more than the soldiers, or less, and regardless of the strategy used in placing them as shields), then in this case the sanctity of the human shield is not considered when lack of offense would lead to a loss for the Muslim army.

Non-Muslims using their women and children as Human Shields

The Hanafi jurists saw the unrestricted permissibility of attack, as long as those fighting are targeted; this is the official position of the Hanbalis as well. Their evidence is the Prophet’s use of the catapult in attack, those attacked having their women and children with them. This position sees no difference between time of attack as well, being that no prescribed time for attack was reported from the Prophet.

The jurists of the Shafi and Maliki schools saw it impermissible to attack them unless their is a necessity. If there is no necessity for attack then they are to be left alone. Details in the Shafi schooll stipulate that this would be obligatory, yet the supported opinion related in al-Rawdah is that it is permissible yet discouraged.

Cyber-Sirah updates

Added to the tour:

The Dar of ‘Uthman
Where the placemark stands is the site of the Dar of Uthman. A dar is a large area closed off with a wall and usually comprised of several small homes or structures built inside of it, sometimes two stories high. Uthman, the fourth Calpih of Islam, was blockaded into his Dar by revolters and not allowed to exit. They eventually scaled the outer wall and murdered Uthman. Many of those same people that came to Medina solely for this purpose would go on to become members of one of two groups. The first being the Khawarij (meaning renegades) who opposed leadership and saw taking the law into their own hands to be legitimate (note in opposition to the Majority of Muslims of that time, which inlcluded the Prophets companions). The second group being the Shia, whom all see Ali the fourth Caliph of Islam as heir to Prophetic rule, the perpetrators of Uthman’s murder would join an extreme sect of them who deify Ali, claiming that he is God incarnate.

The al-Awali area
This area was traditionally farmland, host to lush gren date farms. It hadbeen farmland since the time of the Prophet, Umar ibn Al-Khattab having a farm here. His farm was a co-op between him and another person, and they would trade off days, while one was in Medina learning from the Prophet, the other would tend to the farm.

The Garden of Bani Saa’idah
This is the Garden of Bani Saa’idah, where the companions of the Prophet pledged allegiance to Abu Bakr after the Prophet’s death, thus making him the first caliph in Islamic history. In this garden is the well of Budaa’ah (بئر بضاعة), which is mentioned in the hadith literature. Behind it is the King AbdulAziz Library

Thaniyyat al Wad_a’
It is said that this is Thaniyyat al Wad_a’ which is mentioned in the famous poem Tala’ al-badru alayna. With the geographic position of this hillock, which was used as an entrance to Medina proper, so as to announce the arrival of a traveller, it is impropable that the poem was recited when the Prophet reached Medina after emigration. Historical records also show that the time he took this pass and the people greeted him with the poem was after his return from the battle of Tabuk. Tabuk being to the north would explain why he would take this pass in entering Medina.

Taiba University
Taiba University.

Cyber-Sirah - Updated

Here are some links to the keyhole BBS, I downloaded Google Earth and have been placemarking various areas in and around Medina. Sadly, alot of the current tags on Medina in the program are plain wrong or are worthless.

Here is a list of the one’s I placemarked, a few are little known places in Medina even to some people here, enjoy.

Inshallah as time goes on I may add others, or do a detailed fly through or some layovers for different areas. A

Allahumma waffiq.

UPDATE: I have included all the previous placemarks and more in this tour
The tour includes:

1- Quba Mosque
This is the mosque of Quba. It was the first Mosque built at the time of the Prophet Muhammad. When he emigrated to Medina, he stopped here first rest, then proceeded on to Medina.

2- Jumu’ah Mosque
Where the Prophet prayed his first Jumu’ah after arriving in Quba while on his way to Medina

3- Old Ottoman Garrison to the south of Medina

4- Old Ottoman Masjid in Medina

5- The Prophet’s Mosque. Built originally in 622, is was then expanded extensively through out the centuries. All of Medina proper at the time of the Prophet would fit inside the current courtyard of the Mosque. the Boundaries of Medina proper remained that way until almost 1812, with most of the surrounding lands being used for date farming.

6- Baqi’ Graveyard,
where many of the companions of the Prophet are buried. It has been expanded vastly through out the centuries, especially in the modern age. The variance in soil shading allows you to differentiate between the newer and older sections. Older sections are in the darker soil to the left.

7- Ghumamah Mosque
This Mosque was known in the time of the Prophet as Musalla al-Eid, the Eid prayer ground. It was considered to be outside of Medina proper. Contrast this with the current size of the Prophet’s Mosque and its courtyard which covers all of what was Medina Proper at that time.

8- Sabq Mosque and the Umar’s Charitable Endowment
This is the site of Sabq Mosque (sabq meaning race). This area was used as a stable-grounds for horses and Camels in the time of the Prophet. Short races would be held here as well. The upper section of land was bought and dedicated as a charitable endowment by Umar, the second Caliph of Islam.
Interestingly enough, the land in recent time was used as a Bus and taxi station.
Currently the area has been cleared, and rebuilding of a Sabq Mosque complex has started, which will include a mono-rail train circling the central area of Medina, following the path of the road you see to you right.

9- Mount Sala’
A mid-sized low lying mountain to the north west of the Prophet’s Mosque.
It is mentioned several times in the hadith literature.
The northern side of the mountain is the site of the battle of the trench (Khandaq)
Its southern side these days is inhabited mostly by immigrants from Mauritania.

10 - Battle of the Trench
Site of the Battle of the Trench. If you look above on the top of Mount Sala’ you will see old Ottoman buildings built around the area where the Prophet was said to have camped.

11- The Hijaz Railway station that ran from Medina to Tabuk and from Tabuk to Damascus. It was recently refurbished and is now open as a Museum.

12- Qiblatain Mosque
Known in the Hadith literature as Masjid Bani Salamah

13- Well of Rumah - Bought by Uthman ibn Affan in the time of the Prophet. It was placed as a charitable endowment and still give water until today. The site also houses a Veterinarian clinic that serves the areas farms.

14- The Islamic University of Al-Madinah Al-Munawarah was founded by the government of Saudi Arabia by a royal decree in the year 1961CE\1381 AH with the intention to spread the teachings of Islam all over the world. It is located in the holy city of Medina

15- The area known as Jurf. It is outside of the boundaries of the Medinian Sanctuary.
In apocalyptic Islamic scripture it is recorded that the Anti-Christ will camp here for some time, unable to enter the city because of its angelic guards.

16- Uhud
Mountain range on the northern border of Medina

17 - Jabal al Rumah
A small hillock to the south of Mount Uhud Reknowned for its use as a strategic position in the Battle of Uhud.
To the north of this hillock (which has severly deteriorated with time and foot traffic) two structures.
the one on the right is the neighborhood Mosque.
the one on the left (the L shaped wall enclosure) is a burial ground for the martyrs of the Battle of Uhud.

ADDED - 17a - Mount Thawr - the northern Border of the Medina Sanctuary

18- The Eastern Harrah - a volcanic formation on the east side of Medina, it is the eastern boundary of Medina’s sanctuary.

19- Ruins said to be the remnants of a farm owned by Salman al-Farisi, a companion of the Prophet Muhammad.

20- The ruins of the House of Ka’b ibn al-Ashraf. He was a Jew who entered into the Medina Convenant, one t hat identified Medina as a new, homogenous community, and neccesitated defense and comradary for all those involved in the agreement.
Ka’b broke this convenant after the battle of Badr, siding with Quraysh and declaring his hostiliy towards Muhammad and the new found Muslim strength in Medina. He was executed for treason after this.

21- The western harrah
This volcanic formation serves as the western boundary for Medina’s sanctuary

22- Mount ‘ayr
This mountain is the southern most boundary for the sanctuary of Medina. The Northern Boundary being Mount Thawr.

23- Dul Hulayfah Mosque
This is the Miqat for the People of Medina. From this place the Prophet commenced Ihram for the Farewell Pilgrimage.
The area nowadays is known as Abyar Ali.

Ambiguity (V) - The Sunnah of Allah and the futility of force

[The Sunnah of Allah and the futility of force]

 

With time, and the futility of these movements grabbing hold, the Sunnah of Allah took precedence: that man will not change unless his heart does. This being difficult to influence in the absence of Islamic knowledge and ethic, along with a simplistic understanding which does not contextualize application and variance in time, place and people, frustration in the divine design and decree of Allah entailed. Modern Takfir groups then appeared; groups that would force change whether it was liked or not. These groups did not gain prominence, in that it was difficult to label them Islamic, a group of Muslim jurists, theologians, and historians recalling the similar actions of the Khawarij. When this viral ideology met with proponents of another simplistic ideology (albeit one grounded in Islamic traditionalism) a marriage of opportunity arose. Validity to attack even Muslims was granted to purify the brand-name of Islam, in exchange for the stamp of validity found in misconstrued texts and their post-medieval understandings. And so an unholy alliance formed, one that aligned disenfranchisement, global frustration, mythical histories, and feigned validity.

Enter 9-11…

Related posts

Ambiguity and Islamic Legal discourse (I)

Ambiguity (II) - Going off on a tangent
Ambiguity (III) - The Mujtahid Imams and the expansiveness of Islamic Law

Ambiguity (IV) - Role reversal in theory and practice

Ambiguity (IV) - Role reversal in theory and practice

[Role reversal in theory and practice]

 

In this time period proponents of orthodoxy (whether scholars or ‘folk’ Muslims) introduced self-interest or ‘maslaha’ into religious practice and belief while preventing it from common worldly practice. This was done with the best of intentions, yet is in exact opposition to the texts of the Messenger of Allah on this matter. From this various systems of institutionalized piety developed. In the late colonial period at the fall of the Caliphate, these systems lost even the slightest nod to a differentiation between divine and secular knowledge. This in turn led proponents developing an antiwestern counterculture to the scheme of labeling everything “Islamic. Labeling was seen as crucial in developing that needed counterculture. However suppositions that divine texts (instead of cultural exchange and human endeavor guided by the ethics of those divine texts) were the catalyst for the grandeur of Islamic yesteryear are what mostly led the labeling drive.

 

Several reform movements arose, each concentrating on a separate area believed most important by its proponents. A “political” Islam developed from these Islamic labeling schemes, which lead to borrowing the ethics, morals and ideas of European revolutionist ideologues. The developers of this “political Islam”, who because of their cultural and national affiliations, felt that western modernity had lead to an over materialistic approach to life, one that opposed the oneness of God and dedication to him alone. Now because Islam had been reduced to mere rituals and talismans, or the occasional ‘feel-good’ session of feigned piety, there would be no problem in having “…the ends justify the means”. (Continue…)
Related posts

Ambiguity and Islamic Legal discourse (I)

Ambiguity (II) - Going off on a tangent

Ambiguity (III) The Mujtahid Imams and the expansiveness of Islamic Law

Ambiguity (III) - The Mujtahid Imams and the expansiveness of Islamic Law

[The Mujtahid Imams and the expansiveness of Islamic Law]

 

This is in contrast with the very jurists (Fuqaha) that many of the legal community claim to be followers of. Their juristic opinions were not seen as sacrosanct even by themselves. They consistently encouraged their followers to adapt to the constraints of time, place, and most importantly new forms of knowledge. This was because they knew that no one can obtain as much knowledge after the Messenger so as to guide an entire nation. Their ideological and moral stance however was to the opposite in that they held the general rules and guidance of those that preceded them as sacrosanct. This however is not surprising in that belief is a personal matter, even if heterodox. The only time that heterodoxy was dealt with in a manner similar to juristic opinion was when the public harm of such heterodoxy reached a level that a judicial representative or a jurist would need to rule on the effects of this public deviancy. (Continue…)
Related posts

Ambiguity and Islamic Legal discourse (I)

Ambiguity (II) - Going off on a tangent

Ambiguity (II) - Going off on a tangent

[Going off on a tangent]

 

So in an attempt to preserve orthodoxy, a more rigid set of juristic opinion developed (or should I say degradated) into a static set of juristic opinions applicable to society at large. With the claim that Ijtihad (juristic reasoning) had ceased to exist, another problem developed in that any challenge to this code was seen as heterodoxy. Such challenges were immediately banished from public (and even private) debate leading to lack of flexibility in application and an inability to cope with the ever changing MO of life. By the time of the industrial revolution, then the colonial era, this left Muslim leadership unwilling to survive the throngs of change, and further stagnation and stalwartness developed. Until this day, simple challenges to issues that go against the ‘Folk Islam’ practiced by the common people and perpetuated by their religious leaders are met with claims of heresy. If this were the case in areas of belief, then one might applaud such a stance. But with these sentiments in no way affecting the ever-changing beliefs and practices of the commoners, who the religious leaders validate (in order to eat off their backs) this can hardly be seen as a praiseworthy practice.

So we have purified our Dunya, and polluted our Din. We’ve developed a legal system so rigid that it cannot cope with change and progress, under the guise of being “traditional” and “orthodox” at the same time allowing the opposite in matters of belief and religious practice. This lead to religious observation almost indiscernible from other world belief systems, systems which Islam came to guide and restore to their true form and meaning. The same circumstances that lead to the demise of the Zahiri School of juristic opinion led to the weakening and lackluster application of the other schools of thought. Had it not been for the extensive theoretical juristic rulings the schools codified, allowing for them at least some room to breathe, these schools may have also met their demise.

When looking at the literalism of the two approaches however, one can see the literalism of Dawud ibn Ali and Ibn Hazm al-Andalusi as more worthy of praise then the literalist proponents of a particular Imam’s school. The Zahiri approach is a literalism grounded in divine text, while the latter is one grounded in the statements of men. (Continue…)

 

 Related posts

Ambiguity and Islamic Legal discourse (I)

Ambiguity and Islamic Legal discourse

While reading this article on ambiguity, one quote in it from Sir Donald Francis Tovey stuck in my mind:

“Theorists are apt to vex themselves with vain efforts to remove uncertainty just where it has a high aesthetic value.”

 

Now what’s interesting about this particular quote is that it sums up (for me) the historical reasons for the stagnancy in Islamic legal discourse and how this lead to many of the problems found in the Ummah today.

 

[The sources of Islamic Law]

As we know the sources of Islam are four; the primary sources being in essence two:

1- The Quran believed by Muslims to be the literal word of God almighty revealed to humanity through his messenger Muhammad

2- The Sunnah believed by Muslims to be the sayings, actions, and silent concurrences of the messenger Muhammad as well as reports of his character and physical description.

When then have secondary sources, whose legitimacy are drawn from the previous two, are the following:

1- Consensus (Arabic: ‘Ijma); the agreement of All qualified jurists of a particular era…

2- Analytical reasoning (Arabic: Qiyas); an extension of a legal value from an original case to a new one.

 

Of these four, the primary sources are the ones that contain the most ambiguity having variant readings based in both syntax and lexicon. We find examples of syntactic ambiguity in the variant recitations of the Quran and its subscience known as ‘al-waqf wal-‘ibtida’

Take for example verses such as these:

- (dhalika al kitab la rayba fihi hudan lil mutaqin) which can read as “…this is the book in which there is no doubt; a guidance for the righteous.” or “…this is the book, in this there is no doubt. In it is guidance for the righteous…”

- (fa innaha muharramtun alaihim. Arba’een sanah. Yatihun fil ard) which can read “… it was then made forbidden to them for forty years; they then traversed lost in the land…” or “…it was then made forbidden to them. For forty years they traversed lost in the land…”

- Even stranger yet acceptable syntax would be (wa idh qala luqman li ibnihi wa huwa ya’iZuhu ya bunayya la tushrik billahi inna al-shirka la Zulmum ‘azim) “…and when Luqman, advising his son, said ‘Oh son, do not ascribe partners to Allah. Shirk is the greatest of wrongdoing…” or “…and when Luqman, advising his son, said ‘Oh son, do not ascribe partners. [I swear] By Allah, Shirk is the greatest of wrongdoing…”

 

Lexical ambiguity is found in the variant meanings of words. Take for example:

- The classical disagreement to about the meaning of the word Qar’, used by the Arabs to describe both the period of time a woman is on her menses as well as the period in which she is pure.

- The word yankih, which can mean to marry contractually while also meaning physical intercourse (hatta tankiha zawjan ghairahu)

- The word nasiya, which means to leave off and means also to forget (Nasu allaha fa nasiyahum) “…they forgot Allah, and so he left them off…”

 

In dealing with lexical ambiguity we consider several factors. In the first example we use context to decide whether a woman had to wait 3 periods of menstruation or 3 of purity. In the second, we search for supporting evidence from the Sunnah to determine the meaning was actually intercourse; for example the hadith “No, not until you taste his sweetness and he tastes of yours.” In the third, ideological principles come into play, in that forgetfulness is something that is not befitting of Allah, as he himself says “Wa ma kana rabbuka nasiyya” (and your Lord is not forgetful). Considering this, we see the Arabs did not originally use the word nasiya to mean forget, instead the oldest lexicons record nasiya originally used to mean left behind. From this two subsidiary uses came about: the first a vein in the back of the thigh ‘irq al-nasa’ in other words the vein left behind, because it’s always behind you. Second, nasiya to mean forget, since there is nothing that you forget except that you have left behind, it either being in your possession or is not in the forefront of your mind.

 

[How does this all relate to ambiguity and Islamic law? ]

 

To keep it simple, the ambiguous rulings of the Quran and Sunnah were codified and collected into a system similar to that of modern common law, with variant rulings and opinions represented in the different schools of jurisprudential thought. What then happened among the following generations is that an attempt to keep in line with this codified understanding and the ‘acceptable’ corollaries developed; this lead by extension to rejecting advances in both legal theory and scientific knowledge that may have changed the underlying rulings of these schools.

(Continue…)