Fortnightly Newsletter
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Reflections |
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In the Name of Allah,
the Most Gracious,
the Ever
Merciful
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Limited Liability
From time
to time, we come across terms like ‘limited’ or ‘private limited’ in our
daily life. These terms are usually inscribed on the wraps of the articles
we purchase and are always preceded by the name of the manufacturing or the
distributing company. The concept is that the company, whether it is public
or private, will pay off the liabilities in case of insolvency only to the
extent that proceeds accrue by disposing of its assets. Once these proceeds
are consumed up, the remaining liabilities will not be paid by disposing of
other personal assets of those responsible for the failure of the business.
It needs to be noted that assets of such enterprises, which are no longer
going concerns, often devalue and therefore do not allow even paying off the
short term liabilities not to mention the long term. In case of public
limited companies, shareholders, who are counted as actual owners of the
enterprises, also add to the list of losers. Sadly, all the stakeholders
(parties who have interest in the business) suffer for no reason. Key
management personnel, who are vested with the right to manage the business
on behalf of the shareholders, contrive to play foul games: they play, earn
and amass astoundingly big bucks and then plead in the court of law for
liquidation (insolvency). For one, the case of Taj Company Limited may be
cited; Enron the Energy Giant is another fresh example to quote here. Both
give us an insight into the tyranny of limited liability.
This is a
man made law in which he is responsible only to the extent of investment
made into the business. On the contrary, the divine law will hold every
person responsible till all debt is paid off. There is no concept of limited
liability in the Hereafter. Each and every penny embezzled in this world
shall be recovered in the world to come. The medium of exchange to pay off
debts will be the good deeds done in here. As the good deeds are consumed
up, evil deeds of the losers will be transferred into the account of the
embezzler. He will watch justice being dispensed in a perfect manner. No
lawyer will be able to come forward and feign the facts. No provision of
imperfect laws will save his skin from the grievous penalty that his own
evil actions entailed. Try as he may, he would fail to deny the facts and
figures that would be presented before him; every member of his body will
serve as a witness against him. Should he have ignored the eye opening
declaration that the Holy Book of Allah proclaimed in the world:
And whosoever does the slightest good will see it then. And whosoever does
the slightest evil will see it then. (99:7-8)
No one
will suffer without a reason. Void will be the provision of transferring the
liability. Whosoever cultivates will come to reap exactly what he grows.
Everyone would feel heavily burdened; everyone would be preoccupied with
contemplating his own fate. No relationship or friendship will serve man and
he will stand alone before the Judge, the Almighty. The Holy Qur’an
negates the very notion of transferring the liability in very simple yet
meaningful words:
No laden
one shall bear another’s load. (53:38)
_________________
* This
provision to incorporate companies with limited liability was enacted and
enforced in the Sub continent long before the idea of Pakistan was
conceived. This has been fully appreciated and adopted by the Companies
Ordinance 1984. While trying to save the shareholders from undue loss that
may be caused by ignorant or fraudulent conduct of the directors, the
legislative bodies have ended up risking the interest of many stakeholders.
Author:
Jhangeer Hanif
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In this
Issue |
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Reflections
* Limited Liability
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Read & Reflect
*
Fifty Common
Misconceptions
about Islam
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Debate & Discuss
* Discussion Forum:
Understanding
the
Sunnah
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Express & Explain
*
General Discussion
Forum:
Mutah or
Temporary
Marriages
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Pause & Ponder
*
Marriage with Step
Daughters
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Read and Reflect : |
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Fifty Common Misconceptions
about Islam
Author:
Shehzad Saleem
I .The
Qur’an
1. The Qur’an is an Incoherent
Book
2. The Qur’an has Variant
Readings
3. The Qur’an was revealed on
Seven Ahruf
4. Only God knows the Meaning
of certain Qur’anic Verses
5. The Qur’an is a Manual of
Complete Knowledge
3. The Qur’an should be
interpreted through Hadith
1. Making Vows of Worship is
Recommended
2. Praying after the ‘Asr
Prayer is Forbidden
3. The
Almighty asked for Ishmael’s Sacrifice
4. Charity can be given
instead of Animal Sacrifice
5. Zakah cannot be
given to Non-Muslims
1. A
Muslim Ruler has the Right to Overrule the Majority
2.
Muslims of a Non-Muslim Country should Unite Politically
3. Defiance of anti-Islamic
Laws of a Non-Muslim Country
4.
Muslims are Duty-Bound to establish an Islamic State
5.
Muslim Rulers shall always belong to the Quraysh
V. Economics
Issues
2. Interest is analogous to
Rent
3.
Interest can be charged for a Noble Cause
VI. Women
Issues
1. Women are less Sensible
than Men
2. Islam Permits Men to keep
Slave Women
3. Women must travel with a
Mahram
4.
Women will Outnumber Men in Hell
5. Women are Inferior to Men
VII. Family
Issues
1. A Wife cannot go out
without the Husband’s Permission
2. A Wife cannot
Refuse Sex to the Husband
3. A Husband has
the absolute Right to beat his Wife
4. Regarding Divorce and
Divorce Declarations
5. Regarding
Halalah
VIII.
Punishments
4. A Woman has Half a Man’s
Diyat
1. Jihad can be waged
without State Authority
2. Jihad is only for
Self-Defence?
3. Qital is a lesser
Jihad
4. Islam was spread by the
Sword
5. Regarding the Basis of
Jihad
X.
Non-Muslims
1.
All Non-Muslims are Kafirs (Disbelievers)
2. Friendship with
Non-Muslims is Prohibited
3. Non-Muslims should be
greeted in an Inferior Way
4. Non-Muslims shall
Necessarily be Doomed in the Hereafter
5. Muslims should Curse
Non-Muslims in the Prayer
Topic URL: June
2007 http://www.monthly-renaissance.com/
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Debate and Discuss: |
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Discussion Forum:
Understanding the Sunnah
maskxone
If we
accept that Sunnah is transmitted through Tawatur and its transmission is
independent of Ahadith. Also Ahadith can not add to the corpus of religion.
Now as I understand Fiqh is derived from Quran and Ahadith. So the questions
are:
1) If Ahadith are not source of Islam then what is the status of Fiqh which is
derived from Ahadith.
2) Fiqh makes certain things lawful or unlawful for Muslims based on Qayas.
Are we obliged to follow the fiqh?
3) Majority of the Muslims believe that Ahadith are the primary source of
Sunnah. Now if a Muslim state is formed and rulers are from the majority. What
will be method of forming the constitution? Will they base it on Sunnah or
Ahadith or Fiqh. And if its Fiqh which school or sect will they follow?
According to your opinion will this be a true Islamic state if they follow the
Ahadith strictly or any one of the sects?
Tariq
Hashmi [Moderator]
Would like you to keep in mind the following two things and also first resolve
the issue what fiqh is. It will make it easier for both of us to understand
each other.
1. We believe that all the schools of thought follow the basic contents of
religion, the Qur'an and the Sunnah. Some differ only in considering the
individual reports as Sunnah. None of them has lost the true source.
2. Ahadith are every important explanatory source. They tell us the Prophetic
wisdom and his understanding of the religious directives and his uswah hasanah
the way he discharged the religious directives) and his life history.
Also please note that a Muslim state can rightfully make laws based on social
customs which have have no basis in religion. The sources of religion and
sources of Religious Knowledge in Islam are different things.
Please comment. And explain what do you understand by the Fiqh and the nature
of difference between the four schools for example.
I believe
there is nothing wrong with dyeing you hair, However if you choose to dye you
hair I believe you shouldn't go to the extreme. For example not green , blue ,
white , rainbow and so on. I believe it should look nice but not out of
control.
1) Surely
Ahadith Cannot be THE LONE source for any Religious Matter. On the Other Hand
they are the most reliable source for the "Uswa" of Prophet Muhammad (pbuh) &
his Wisdom & Seerah etc. & that's why Hadith is so important, So we do not
degrade it.
The prevailing Fiqhs give us light in many parts of the Shareeah of Islam that
are based on Quran & Sunnah & what they have Said on the Basis of Ahadith,
that is still very helpful for our knowledge as it always progresses on the
basis of the work done in the past.
2) The things that Has been declared lawful or unlawful in the fiqhs based on
Qayas etc. Are just the "Ijtihaad" (i.e. Opinion) of these Great scholars but
we are not obliged to follow any thing other than Qur'an and Sunnah. But if
one is satisfied with any opinion of these Great Scholars (in a certain
Matter) Should Follow him, This Means that ONE can FOLLOW one Fiqh in a Matter
& can Follow any OTHER Fiqh in another Matter Unless & Untill he is doing this
on the BASIS of Some SOLID REASONING & not doing so JUST because of his mere
will/likeness etc.
3) Its ONLY the Majority of the CURRENT Muslims who believe that the Ahadith
are the primary source of Sunnah/Islam. The Fact is That Almost ALL (more than
90%) Great Scholars of the PAST (including Imam Shafee) are of the Opinion
that the Holy Quran & the "Khabar-e-Mutawatir (i.e. the Sunnah)" are the ONLY
Primary sources of Islam & Hadith should related to them & should be Accepted
behind them as a Secondary source BUT then the Likes of Imam Shafi'ee & Imama
Ibn-e-Hazam have Presented their own opinion based on some other factors that
HADITH is Always Based on These TWO Primary Sources & If there looks SOME
Contradiction then THAT is because of OUR "Fehm (Understanding)" etc. So ONE
May (or May Not) Accept their Opinion if he agrees (to Does not agree) with
their reasoning.
Please Note that All states of Muslims (eg. Pak. SA, Iran, Iraq, Afghanistan
...) are "Muslim" states as Muslims are in majority in them so the method of
forming the constitution in them is v simple. All matters should be Discussed
in The Parliament & if there is Difference of Opinion then the Vote Majority
will be THE RULE (i.e in ONLY those cases where There is NO Direct/clear ORDER
present in Quran & Sunnah) & surely the "ijtihaad of Parliament" Will be based
on Quran & Sunnah (The Direct Sources) & it's Obviouse that they'll benefit
TOO from the Guidance Present in Ahadith or Fiqh of ALL schools/sects But
People will be BOUND to FOLLOW the rules Passed by the Parliament only.
But the People Who do NOT agree the Passed rules will Adopt the SAME procedure
for TRYING to change that RULE as they DO now in their Daily.
I hope this will Help us in Carrying on this Discussion ahead
How do you define
nice? Someone may find it nice to dye their hair blue or dark red etc?
Thank you
for the detailed reply. Sorry for replying late as I am busy with office work
(deadlines :( ). I would like to point out my understanding:
1) By Fiqh I mean the laws. Or the methods to form the laws. I think (i am not
sure though) that all these Imams had different approach. e.g. some gave more
importance to Sunnah and others gave more Importance to Ahadith.
2) I understand your opinion on the status and meaning of Sunnah and Ahadith.
And it seems very logical to me. (I believe in applying logic to religion and
MashaAllah our religion is complete in that sense too)
3) Now my confusion is more related to certain laws which are not found in
Quran and Sunnah but we get them from Narration which can have some doubt
(even if its iota of doubt). E.g. lets take the example of stoning by death. I
know the logic behind this punishment and i accept that. Also it has very
strict conditions which are very unlikely to exist for this punishment to be
executed. Now i am not sure about it but if we say that this law is know
through ahadith. And Ahadith are not 100% reliable. But according to fiqh
based on ahadith this punishment is allowed. ( I feel that punishments like
these are allowed in Islam but not encouraged and it is upto Qazi to decide
depending on situation). But if extreme punishments like these are only known
by ahadith can these be established as law of the country? Is there a chance
that a Qazi giving such punishment may be going beyond the allowed limits?
This was my original question.
Your answers are very nice and explaining. But can you elaborate further on
the last point. "Is there a chance that a Qazi giving such punishment may be
going beyond the allowed limits?"
As I tried
to explain in my earlier response national laws can be formed even on customs
and cultural values. The Ahadith when we have seen that do not go against the
Qur'an, the Sunnah, the established historical facts and common sense are also
extremely important explanatory source. They tell us the way the Prophet
understood and applied the religious directives. Therefore, the Muslim
scholarship has used them as a very important tool.
Punishment of rajam cannot be given merely on the pretex that the ahdadith
show that some of the people were punished this way. The Qur'an in no unclear
terms tells that the punishment of adultery is flogging the criminal with a
hundred lashes and cancelling his nikah with a chaste partner and rejection of
his testimony in future.
However, the Prophet did stone some people according the Qur'anic directive
regarding the punishment of those who create nuisance in the land (fasaad fil
ardh). These criminals were not stoned because they were married but because
they had started raping the innocent women openly making a mockery of law and
putting the society in danger.
This punishment has been mentioned in the Surah Maidah of the Quran verse 4.
A Qazi has to see whether an accused merely committed adultery forced by
passion or his act is tantamount to creating disorder in the society. He has
to use his full knowledge and do all possible investigation before sentencing
the criminal. If he had done this honestly he will not be crossing the limits.
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Express and Explain: |
General Discussion Forum:
Mutah or Temporary Marriages
Can I ask my
learned participant's views on mutah.
1. Was mutah practiced in the time of prophet pbuh?
2. Was mutah allowed legally in the time of prophet pbuh?
3. Was mutah prohibited by Hazrat Umar rta?
4. Is mutah still practiced in Islamic countries?
5. Is mutah legal?
Thanks
for bringing
up an imp topic Dr. Waseem. I'll leave it for discussion amongst yourself and
the forum participants 'cause I trust you have enough knowledge on this issue.
For the participants, as per my limited knowledge there is no place of mutah in
Islam; there are details available about this in lectures on Al-Mawrid's
websites and publications.
A few mislead interpretations of the traditions related to the beloved sws have
caused confusions about this.
Nikah Mut‘ah:
According to shiat Scholars, Nikah Mut'ah is one of two marriage forms that is
authorised in the Qur'an. The other form is called simply Nikah, hence Nikah
Mut'ah is popularly shortened to simply "Mut'ah".
Nikāḥu’l-Mut‘ah , Nikah el Mut'a (Arabic:
نكاح المتعة,
also Nikah Mut‘ah literally, marriage for pleasure) is a fixed-time marriage
which, according to the Usuli Shia schools of Shari‘a (Islamic law), is a
marriage with a preset duration, after which the marriage is automatically
dissolved. It is the second form of marriage, described in the Qur'an (4:24).
Rules:
Nikahu’l-Mut‘ah resembles a Nikah ("permanent marriage") in many, but not all,
aspects. It commences in the same way as a Nikah except that for some, a date of
expiration for the marriage is added to the marriage contract. The duration is
decided by the couple involved. There are no restrictions about minimum and
maximum duration. If the period is longer than what can be reasonably expected
to be a lifetime, it will transform into a Nikah.
During the period of the marriage, the couple are considered husband and wife,
just as in a permanent marriage. At the expiration, the marriage is voided
without undergoing a talaq (divorce). In case of sexual intercourse, the woman
must observe iddah (a waiting period) before she can marry anyone else.
Nikahu’l-Mut‘ah is considered mustahab (recommended) by the Shia. The Shia also
regard it as mustahab (recommended) to extend the marriage or to transform it
into a permanent one.
Initial Practice:
There is a consensus among Shi'a and Sunni scholars that Nikah Mut'ah was lawful
during Muhammad's era. However, there is a small disagreement on how long these
periods were, how frequent, or if they were legal all the time. In either case,
all scholars agree based on the hadith that Muhammad even told people to engage
in the temporary marriage, something to Shi'a is notable, since Muhammad never
told people to drink alcohol, thus arguing that the marriage form cannot be
deemed immoral.
* Al-Qurtubi, a 13th century Sunni Islamic scholar writes:
"All the early scholars have no disputes that Mut'ah is Nikah for a set period
of time, this Nikah has no inheritance and man and woman separate when the time
expires."
Prohibition by Muhammad:
There is a total of seven ahadiths that state that Nikah Mut'a was abrogated.
These seven ahadiths each narrate their own occasion, thus resulting in seven
different times when it is supposed to have been abrogated.
Most Sunni scholars disregard most of this occasions, and argue that it was
forbidden in three, two or at only one time. Yet other Sunni scholars argue that
they are all fabricated and that Umar was the first one to forbid it, but that
he was entitled to do so, since Muhammad had ordered the Muslims to follow the
Sunnah of the Rashidun. Shi'a take the stance of those Sunni scholars, but do
not accept that Muhammad had ordered to follow the Sunnah of the Rashidun,
referring to the Hadith of the two weighty things.
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Pause
and Ponder: |
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Marriage with Step Daughters
Question asked by Madiha
Nash
Posted on: Sunday, April
15, 2007 - Hits: 102
Question:
I would like you to explain the
following verse:
Prohibited to you [for
marriage] are your mothers, daughters, sisters, father’s sisters, mother’s
sisters; brother’s daughters, sister’s daughters, foster-mothers,
foster-sisters, your wives’ mothers, your step-daughters under your guardianship
born of your wives to whom you have gone in, – no prohibition if you have not
gone in – [those who have been] wives of your sons proceeding from your loins
and two sisters in wedlock at the same time, except for what is past; for Allah
is Oft-forgiving, Most Merciful (4:23)
In this verse, I specifically
want to know the clarification and wisdom behind the following saying: ‘no
prohibition if you have not gone in’. Please educate me if this option of
marriage has any Shan-i-Nuzul (occasion of revelation).
Answer:
I
think your questions can be answered properly if the verse is translated like
this:
[Forbidden to
you] are those ladies born of your wives with whom you have had sexual
intercourse. And if you haven’t had sexual intercourse with them, then there is
no prohibition. (4:23)
It is apparent
that the verse alludes to the daughters of a lady who enters into a new
matrimonial contract. It says that if her new marriage has been consummated, her
daughters would become unlawful for her husband. In other words, her husband
cannot marry any of her daughters from her previous marriage(s) after divorcing
her, if he has established a conjugal contact with her.
The implication evidently is that these daughters of the lady have become like
daughters to her husband because he has gone to the field whereof his wife’s
daughters have been born. A marriage though is established by signing a
matrimonial contract, it is the consummation of marriage that is actually the
culmination, which makes the couple wife and husband in the truest sense. This
now means that the wife’s relationships become those of the husbands and vice
versa. As an obvious corollary, this situation does not arise if the husband
divorces his wife before establishing conjugal contact with her. It is in this
case, that the husband has been allowed to marry the daughter of his ex-wife,
born of her previous marriage.
I am afraid I have not been able to trace any Shan-i-Nuzul mentioned regarding
this verse. And I opine that there is, in fact, no need to find it out. It is
actually the context of the Holy Qur’an, which portrays the circumstances that
must have existed when any verse was revealed.
Regards
Jhangeer Hanif
Research Assistant, Studying Islam
see: http://www.studying-islam.org/querytext.aspx?id=602
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