The government should take the following
steps to Islamise our society at the social and penal levels and to improve
the existing situation in both these areas:
AT THE SOCIAL LEVEL
1. All the institutions of the state
should help establish a society in which people should be honoured and
respected on the basis of their intellect and piety instead of their cast,
creed, profession, social status and other similar criteria.
2. The house should be regarded the
centre of activities for women, and they should be granted the necessary
facilities to maintain this priority even in indispensable social and economic
needs.
3. A husband should be accepted as
the head of a family and he should always be granted the right to correct
and admonish his wife which has been mentioned in the Qur’an.
4. The tradition of obeying parents
and treating them kindly, which is still widely acclaimed in our society,
should be promoted and patronised in all circumstances.
5. Co-education should be completely
abolished, and all women should be obligated to dress as honourable Muslim
women do when they go out of their houses by wearing Jilbabs (large cloaks).
6. The custom of dowry and marriage
procession should be gradually eliminated, and the tradition established
that if at all there is to be some expenditure upon wedding ceremonies,
the bridegroom’s family must bear it.
7. A restriction should be imposed
on the people that if they intend to divorce their wives, they should do
so according to the prescribed procedure mentioned in the Qur’an by administering the divorce sentence once only. However, if someone
who is ignorant of this procedure, or due to his own foolishness administers
three divorce sentences in succession, he should be punished, and such
a case should be decided in the manner the Prophet (sws) had done so with
Rukanah ibn ‘abdi Yazid.
8. Polygamy should be made conditional
upon some moral or social need only, and the general concept about it being
permissible in the absolute sense should be discouraged.
9. A complete end should be put to
the injustices suffered by women, and they should be given all their divinely
ordained rights in all affairs, specially in inheritance.
10. The daily routines of people should
be organised in a manner that they gradually develop the habit of going
to bed early at night and rising early in the morning so that the status
occupied by the morning prayers and the morning Qur’anic recital in our culture is restored with all its glory.
11. Our national language and dress
should be popularised and given patronage and all national traditions should
be firmly established in the society. The Arabic language should be given
the same status as the English language is given in present times.
12. It should be accepted that music,
photography, painting and other branches of fine arts are in no way forbidden
in the absolute sense, but it is their nature and use which in some situations
must be forbidden. As such, their prohibition is no eternal law of the shari‘ah; however, in certain circumstances
when they become a source of evil, a restriction can be imposed upon them
by the government.
13. A complete stop should be put
to the offences committed day in and day out by the mass media which include
radio, television, film, newspapers and journals.
Their first offence is that instead of
giving coverage to learned and accomplished women who have not only distinguished
themselves in the fields of arts and science but also as scholars of Islam,
they present women as objects of lewd entertainment. This lecherous display
is in complete disregard to the injunctions of the Qur’an which specifically enjoins all Muslim women to cover their heads and
chests and to refrain from exhibiting themselves. Rather than setting examples
of dignity and modesty they ‘sell’ their honour and integrity by furthering
the shameless trends of a shameless culture.
Their second offence is that through
their courtesy the stories of romance and intimacy which everywhere in
the world had been confined to the subtleties of poetry and literature
and whose recital and listening to was not disallowed in a specific age
and situation even by the great Caliph ‘Umar (raa), have now invaded
the everyday atmosphere of our homes. Such is the nature of this invasion,
that the chastity in the relationship between a mother and son, father
and daughter, brother and sister, upon which the poise and grace of a society
so heavily depends, is becoming an episode of the past. Through the agency
of our media a state has been reached in which our young men, like most
women are seen perpetually involved in glamorising themselves with the
latest flares of fashion. The older lot, may not be very enthusiastic about
their clothes and appearance but show tremendous enthusiasm in shredding
off any shame they might have originally had.
Their third offence is that they have
promoted sports and other means of amusement to an unwholesome and unhealthy
degree. Such is the nature of this patronisation that our younger generation
regards actors and sportsmen as their ideals in life. While our scientists
and technologists, scholars and thinkers do not even receive posthumous
recognition for their achievements, these merry-makers are kept in the
highest esteem. The bewitching manner in which they allure young minds
by depicting the daily routines of these celebrities effectively diverts
them from the higher objectives of life, after which they can no longer
be expected to become scholars and thinkers, and indulge in other intellectual
pursuits.
Their fourth offence is that specifically
among them radio and television show complete disregard to the mandatory
hours of worship in a day when nothing except prayers are permissible.
AT THE PENAL LEVEL
1. All those criminals who take the
law into their own hands, become a nuisance for the state, adopt immodesty
and profligacy as a profession, become notorious for their ill ways and
vulgarity, commit rape, become a threat to honourable people because of
their immoral and dissolute practices, openly disgrace women due to their
social status, cause destruction, are a source of terror and intimidation
for the people, are guilty of killings, robbery, decoity and hijacking,
or create a law and order situation for the government by committing other
similar crimes should be severely dealt with. They should be administered
the punishments of Taqtil*
crucifixion, chopping off limbs on alternate sides, and exile which are
specifically prescribed for such criminals in verses 33-34 of Surah
Ma’idah.
2. Other criminals who commit zina
(fornication), Qadhf (to falsely accuse chaste men or women of fornication),
theft or are guilty of killing or wounding someone, but at the same time
do not create a situation of law and order for the state, and do not take
the law in their hands should be administered the prescribed punishments
of stripes, chopping of hands, Qisas
and Diyah.
3. In the case of Diyah,
it should be accepted and acclaimed that though it is an everlasting law
which must be obeyed in all times, yet its quantity, nature and other related
affairs have been left upon the customs and traditions of a society. Consequently,
no eternal quantity of Diyah has been
fixed by Islam, nor has it obligated us in any manner to discriminate between
a man or a woman, a free man or a slave and a Muslim or a non-Muslim in
this matter.
4. Likewise, in the case of apostasy
also, it should be recognised that the prescribed death sentence was specifically
meant for the Mushrikin of Makkah
i.e., the people towards whom the Prophet (sws) was directly assigned.
It, now, has no bearing whatsoever upon any person or nation. Hence, today
if a Muslim becomes an apostate and is also not a source of nuisance for
the state, he cannot be administered any punishment merely on the basis
of apostasy.
5. The prevailing erroneous concept
about the testimony of women must be revised. In cases of Hudud,
Ta‘zirat, Qisas, Diyah, Financial matters, Marriage
and Divorce and indeed in all such matters, it should be left upon the
discretion of the judge whether he accepts someone as a witness or not.
In this regard, there must be no discrimination between a man or a woman.
If a woman testifies in a clear and definite manner, her testimony cannot
be turned down simply on the basis that there is not another woman and
man to testify alongside her. Similarly, if a man records an ambiguous
and vague statement, it cannot be accepted merely on the grounds that a
man has testified. If a court is satisfied by the statement of the witnesses
and by the circumstantial evidences, it has all the authority to pronounce
a case as proven, and if it is not satisfied, it has all the authority
to reject it even if ten men have testified.
6. Similarly, it must be accepted
that it is not necessary in cases of zina
that four witness can only testify if they have seen the convicted man
or woman in position of the criminal act. According to the Qur’an and Hadith,
this is only required when a case has been filed on the basis of an accusation
and the accused are chaste, virtuous, and morally sound, and about whom
no one can even imagine that they can commit such a crime.
7. It should also be accepted that
in all cases of Islamic law that a crime legally stands proven not only
by the testimony of the witnesses or by the confession of the criminals
themselves but also by any circumstantial evidence. Hence in cases of zina,
for example, medical examination, and in some other crimes the use of post
mortem reports, finger prints and other similar aids, the extent of certitude
obtained is no less than that obtained by the testimony of the witnesses
or by the confession of a criminal himself.
8. Apart from the crimes whose punishments
have been mentioned in the Qur’an,
punishments in cases of other criminal offences should only be restricted
to physical chastisement, exaction of fine, exile or house arresting a
criminal. The inhuman punishment of confining a person behind bars should
be completely abolished.
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