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Indian Press ( 19 March 2021, NewAgeIslam.Com)

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Indian Press on Objectives of the Shariah And Places Of Worship Act: New Age Islam's Selection, 19 March 2021


By New Age Islam Edit Desk

19 March 2021

• Objectives of the Sharī'ah

By Dr Nazir Ahmad Zargar

• The Places Of Worship Act Has Been Challenged. Here’s Why This Is Dangerous

By Salman Khurshid

• Two Balloons Have Done What Imran Khan Govt Couldn’t — Give India Sleepless Nights

By Naila Inayat

• Latif-Ul-Khabiir

The Greater Kashmir

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Objectives of the Sharī'ah

By Dr Nazir Ahmad Zargar

March 19, 2021


Sharī‘ah is principally based upon the benefit of the beings. That is why it holds that originally and essentially all beneficial actions are legitimate, all harmful ones illegitimate. The divine attributes Rahmān (the Compassionate) and Rahīm (the Merciful) imply that Allāh  is Oft Forgiving, protecting His creatures, “preserving them, guiding them, and leading them to clear light and higher life.” The word Rahmān expresses Allāh’s love to man. Therefore, Allāh’s relation to man is the relation par excellence of love, sympathy, concern, solicitude, compassion and mercy.”

Both the words Rahmān and Rahīm are derived from Rahmah ‘which signifies tenderness, requiring the exercise of beneficence and thus comprising the idea of love and mercy.’ While Rahmān denotes Allāh’s tenderness towards all His creatures in general, Rahīm denotes His tenderness towards His worshippers in particular. Justice being the fundamental principle existing in every commandment of the Sharī‘ah, its every rule bears witness to this generalization when it takes into consideration human nature and its general weaknesses and basic needs. Consider, for example, some of its rules:

Difficulty gives rise to convenience.

When a matter becomes rigid, it turns flexible.

It is not legitimate to fulfill one’s needs by encroaching upon other’s rights.

Need becomes necessity, be it general or specific.

It is not legitimate to harm anybody or tolerate harm.

From the above many sub-rules are deduced of which a few are:

Harm should be stopped as far as possible.

Harm should not be ended by replacing it with the same thing.

Greater harm can be discontinued by replacing it by smaller harm.

A limited harm can be tolerated when it stops a general harm.

Stopping of harmful things is better than gaining of beneficial things.

One who has access to confidence mustn’t act on doubt.

Anything which is yet to come into existence, its nature cannot be decided.

Anything, the taking of which is unlawful, its giving is also unlawful.

When Allāh’s right and man’s right come at the same time, man’s right is given priority for Allāh   has no need and man has need.

Laws of Punishment cannot be implemented in presence of doubt.

The objectivesof the Sharī‘ah are six. They constitute the prime values whose actualization is desirable in order to materialize the purpose of creation and aim at preserving: (i) Life   (ii) Progeny (iii) Property (iv) Honour (v) Dīn (vi) and reason.

Preservation of Dīn

“Religion” is a loose rendering of the word Dīn, which, unlike the western concept of religion, encompasses man’s whole life, in this world and in the Hereafter. Here it fittingly means belief in the Oneness of God and all other fundamentals of faith that follow it. All the commandments of Sharī‘ah are fundamentally faith-based and any such commandment, which ever goes against faith is irreligious and hence rejected. While on one hand the Sharī‘ah commands that the faithful must obey their leaders, it orders that any such kind of obedience to the ruler that leads to disobedience to Allāh is strictly prohibited. At one place Allāh  says:

“O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you.” (4:59)

Rasūlullah  sallallahu alayhi wa sallam explains this as under:

“It is obligatory upon a Muslim to listen to obey (his amīr) whether he likes (his amīr’s order) or not unless he is not commanded to commit sin. So when an amīr orders for doing a sinful act, then (you should) neither listen (to his order) nor obey (his command).”

Preservation of Life

After mentioning the first ever murder on the earth committed by Ādam’s son Qābīl (Cain) when he killed his own innocent brother Hābīl (Abel), the holy Qur’ān declares in clear terms:

“Whoso kills a person, except for a person, or for corruption in the land, it shall be as if he had killed all mankind, and whoso brings life to one it shall be as if he had brought life to all mankind.” (5:32)

Thus in the Islāmic Sharī‘ah “the murder of an individual is a crime against the whole community, or rather humanity.” On the other hand saving a life from unjust murder is a service to the humanity as if the whole humanity has been saved from injustice and peace and security has been safeguarded.  Moreover, in this Āyah the Arabic word Ihya’ is here synonymous with Ibqa’, which means not only letting a person live but protecting his life also.

Preservation of Progeny

The Pagan Arabs used to bury their female children alive. The holy Qur’ān puts an end to this heinous crime thereby paving way for the sustenance of coming generations:

“When the female (infant), buried alive, is questioned—for what crime she was killed.” (81:8-9)

Not only this, but even killing of the yet unborn foetus is prohibited: Once a woman killed another woman with a stone. The later was pregnant and her foetus also died with the blow. This case was brought to the holy Prophet Sallallahu Alayhi Wa Sallam. He decided that the murderer woman should pay the diyah (blood money) against the fetus by setting free a slave (male or female) and the diyah of the slain woman should be paid by the murderer’s family members, her heirs and her son.

Allāh says:

“Kill not your children for fear of want: We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.” (17:31)

Thus feticide has been strictly prohibited by Islām as Harām. It is in Bukhārī and Muslim that Allāh’s Messenger Sallallahu Alayhi Wa Sallam, when asked by ‘Abdullāh b. Mas‘ūd about what constitutes the grave sins replied that killing of children for fear of poverty is one of the heinous sins.

Preservation of Property

Rasulullah10sallallahu alayhi wa sallam has made one’s property harām for another (except through lawful means). He said:

“So your blood, your property and your honour are sacred to each other.”

Again, it is narrated by Bukhārī and Muslim that Allāh’s Messenger sallallahu alayhi wa sallam  said:

“One who usurped the smallest piece of land, be punished by Allah by having seven earths suspended around his neck.”

Every human being has right to keep his or her personal property. Whatever one earns belongs to him:

“To men is allotted what they earn and to women what they earn.” (4:32)

Stealing others’ property is a grave sin. That is why a thief is punished by cutting off his hand. Allāh says:

“As to the thief, male or female, cut off his or her hands a retribution for their deed and exemplary punishment from Allah.”  (5:38)

Since the Sharī‘ah preserves and protects people’s property, it considers one who loses his life while protecting his legitimate wealth as a Shahīd (martyr):

The holy Qur’ān prohibits in clear terms earning of wealth through unlawful means. Even the state cannot interfere with any of its people’s lawful earnings. The following Qur’ānic commandment is for all, ruler as well as the ruled:

“And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people’s property.”   (2:188)

Preservation of honour

The Sharī‘ah protects the honour and prestige of every human being as his basic right. Allāh  says:

“Let not some men (and women) among you laugh at others.”  (49:11)

Thus laughing at people in contempt and ridicule is prohibited. Again says Allāh  :

“Nor defame no be sarcastic to each other, nor call each other b (offensive) nicknames.”                (49:11)

“And spy not on each other, nor speak ill of each other behind their backs.”  (49:11)

In this way the Sharī‘ah has forbidden all such ways of insult. Every individual has legal right that no one injures his honour and prestige nor defames his image whether by hand or tongue. Slandering of chaste women is cursed thus:

“Those who slander chaste, indiscreet and believing women are cursed in this life and in the Hereafter: For them is a grievous chastisement.”    (24:23)

Preservation of al-‘Aql (reason)

Islām claims that all humans can know the Truth by any of the two: revelation or reason. Hence all humans are entitled to know the Truth which is translated into Law in the form of the Sharī‘ah. Man is off and on invited by the holy Qur’ān and the Sunnah to think and ponder over the phenomena taking place around him. When the holy Qur’ān rejects compulsion in the matters of religion, then it becomes clear that one has every choice to choose his way by applying his faculty of reason.

Yes, revelation can be and is sometimes beyond reason but never against it. That is why the Islāmic scholars unanimously hold reason subordinate to revelation. Hence “the Sharī‘ah declares ideological skepticism to be false, a defiance of God, and it prescribes that none may promote it to destroy the tradition of human knowledge and wisdom, or prevent anybody from appropriating it or contributing to its growth.” This fact puts a halt to the spread of ignorance and hate in the name of the so called “freedom of thought and speech”. You are not allowed to defame people or spread rumor in the society in the name of freedom. Remember that ‘your freedom ends where other’s nose begins’. One can raise his voice against the state in a democratic system but cannot resort to rebellion which is in no way acceptable. That is the reason why apostasy is liable to death in Islam because it is considered rebellion against a state which is fundamentally based upon faith. An apostate is not similar to a non-Muslim who enjoys every right as a human being. In fact a rebel loses his right to live unless he discontinues rebellion.

The fact that the holy Qur’ān has invited all to apply reason in order to understand Allāh’s Message of Truth by using the world al-‘aql and its various derivatives 49 times, (reasoning), tafaqquh (understanding) tadhakkur (perceiving) and other related words hundreds of times enables one to conclude that even belief without its proper understanding is considered blind which often bears more hatred than mutual understanding, peace and harmony.  So highly appreciated is reason in the Islamic system that the scholars of hadīth unanimously reject a hadīth as forged if it is contrary to reason and common experience in addition to some other things.

https://www.greaterkashmir.com/news/opinion/objectives-of-the-shariah/

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The Places Of Worship Act Has Been Challenged. Here’s Why This Is Dangerous

By Salman Khurshid

March 19, 2021

I have defended the Ayodhya judgment knowing that many enlightened Hindu friends have been critical of its conclusions. I have defended it for the legal correctness of its arguments and the greater cause it serves of national reconciliation. Amongst the arguments I marshalled in support was the explicit finding that the Places of Worship Act conclusively put a lid on all other disputes by freezing the status of places of worship on 15 August 1947. Five justices of the Constitution Bench stamped their approval on the far-sighted Act passed in the aftermath of the December 6, 1992 demolition of Babri Masjid. Understandably, the validity of the Act was not under challenge and the Court did not expressly hear arguments on either side but the fact remains that the Constitution Bench stamped its approval. Technically speaking, the notice issued by the Supreme Court might be correct, but the implications are far-reaching and might undermine our efforts to persuade the general public, including Muslims, about the correctness and virtue of the Ayodhya judgment. Inevitably the sceptics who opposed the acceptance of the alternative piece of land for a mosque will steal a march over those of us who support reconciliation. What is worse the country will once again descend into the spiral of conflict and lack of faith, not something that any god would want to inflict upon us.

The path opened by the latest notice is wide and endless; Mathura and Varanasi will not be the final destination. Filial piety will entirely be replaced by paying for the “sins” of ancestors. For all of us who have condemned Partition and accepted that the national unity of India of 1947 is more important than imagined insecurity or perceived slight to dignity, we are suddenly being subjected to a new Partition. But having repudiated it once, we will reject it with greater emphasis this time. It matters not that a further price has to be paid. We will pay the price without the least hesitation. Yet a question must be asked: Do people who are pushing India away from acceptance of pluralism know where it will lead us? Modern-day liberal societies are for reasons of principle or pragmatics fast becoming multi-ethnic and multi-cultural. Our own contribution to the changing colours and contours of global societies is considerable. We celebrate Indian-Americans reaching out to place their footprints on the soil of US politics. Questioning, if not stifling, pluralism at home can only be signs of myopia or at worse, hypocrisy. We have expressed outrage at racism in the UK targeting the first Indian woman President of the Oxford Union accused of insensitive racial tweets. But our government pretends not to hear similar, and worse, slurs and insults directed at our own people. Protest and patriotism have become the two boxes to tick on the peril of social media onslaughts and police prosecutions. Yet we are aggrieved that other democracies in the world find that disturbing.

India is engaged in a battle for the mind and soul. We would like to believe that we speak for the light against the darkness espoused by our adversaries. Be that as it may, the battle, not of our seeking, will be a long and arduous one. Yet we will prevail in the end because the soul of India will not be suppressed for long. But sadly we remain scattered in our separate ambitions to become victors against oppression and deceit. The truth is that what matters is we vanquish the forces that have sought to destroy the India we cherish, and not who wears the laurel leaf of triumph and acclaim. The rules of recognition will emerge organically from the struggle itself. Legacy and ambition will have to take the back seat as we equip ourselves for a battle with an adversary who has changed the rules of engagement and turned hate and avarice into lethal weapons.

In all historic battles, the experienced and youth march shoulder to shoulder to accomplish the toughest of tasks. Unfortunately, our times have seen the unwholesome estrangement of the young from the old. The impatience and frustration felt by the former and the insensitivity shown by the latter have brought us a wide gap. A remarkable popular protest against NRC-CAA was marred by speeches and actions by young activists that provided fuel to the detractors. Freedom belongs to us all and cannot be a monopoly of some. Freedom and its claim come with corresponding responsibilities. Short cuts might appear attractive and even heroic but if they hurt the idea of Freedom, they are no less oppressive than the very acts being opposed. Those who defend Freedom must be morally superior to those who desecrate it. Mahatma Gandhi must be our constant pole star in the process.

Even as we balance ourselves to steady the ship of State, we cannot and must not steer away from the Supreme Court. Despite periodic disappointments and some signs of accommodation of majoritarian perceptions, the Supreme Court is what stands between the rule of law and the rule of whims. Like other members of society, judges too are a product of and respond to circumstances. They are trained to appeal to higher values of our society that we lesser people overlook for selfish concerns. It is for that reason we place constitutional faith in our judges.

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Salman Khurshid is a senior Congress leader and former external affairs minister.

https://indianexpress.com/article/opinion/columns/places-of-worship-act-ayodhya-judgment-secularism-spureme-court-7234765/

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Two Balloons Have Done What Imran Khan Govt Couldn’t — Give India Sleepless Nights

By Naila Inayat

18 March, 2021

What was supposed to be a regular week, wasn’t. First, they downed one balloon, then they came for the other. But what did India get out of downing two, not one, aircraft-shaped balloons of Pakistan? Are they spies? Are they balloons? Are these aircraft?

The answer lies in this tell-all tale.

In the early hours of 10 March, a balloon with PIA (Pakistan International Airlines) marked on it landed in the Indian village of Sotra Chak in Jammu and Kashmir. The intruder wasn’t welcomed with roses; instead, it was taken into custody by the J&K Police. Suddenly, it felt like post-Balakot February 2019 all over again. Only this time the situation was far more serious, this was no spy pigeon or warplane. But rest assured, the war room was on red alert.

A rattled India, still trying to figure out how its sovereignty was breached, was now under a balloon attack. On 16 March, the second aircraft balloon landed in India, at Bhalwal, looking like the cousin of the one that landed flat a week earlier. It was assumed that Balloon Number 2 was here to free its cousin. After all, it will go down in the history as the first-ever balloon that gave sleepless nights to the enemy. This is a curious case of arrested balloons.

One can’t help but wonder, were the captured balloons offered tea by India? And was it good tea?

This tale is different from 2018, when balloons with “I Love Pakistan” were found in Rajasthan. Not even like 2017 when Doremon-printed balloons landed in the Indian village of Malia with some Pakistan coins. How you wish it were Bitcoins. There was a message in Arabic that was hidden in the balloon too. Conspiracy was hatched.

Balloons deflate, tensions mount

While in custody, Balloon Number 1 has been at its best behaviour and cooperating with Indian authorities. We have been told by “reliable sources” that it has been heard saying, “My name is PIA balloon and I am not a terrorist.” Of course, no one will buy that. Because its inimical designs were not only for Kashmir Banega Pakistan but also to revive the lost glory of Pakistan International Airlines that has suffered at the hands of the Imran Khan government, which declared 40 per cent of its pilots had fake licences. This is also not like the time when good friend Malaysia impounded a PIA aircraft due to non-payment of lease. All that is now forgotten because the PIA balloon is a martyr. There is light at the end of the tunnel, always.

The tension in the sky suggests that either India or Pakistan, or both, can go to the International Court of Justice over the capture of two trained balloons. And both can then walk out claiming a win, but in real, winning nothing. It is true that the panic over this ceasefire violation by balloons is a real deal, given how excited everyone gets after one ceasefire deal. Even an intervention by the United States president can’t solve the ‘gubaray zameen pe’ kind of situation that we face today.

Move aside missiles and pigeons

To all those who don’t take this seriously, you need to know that this balloon business is Pakistan’s own space programme. And unlike India, Pakistan has probably spent only Rs 100 to reach this far, while India continues to waste crores. All for what? It is a tragedy of our times that such a state-of-the-art space mission would need an introduction even. India should learn all about it from the Pakistani balloons in captivity.

Now the pigeons, deer and monkeys who spent their lives spying for Pakistan and India have been challenged by China-made plastic balloons. How’s that for a two-front war? Not bad, I would say. In 2021,  balloons are the new Weapons of Mass Destruction, and should be flaunted in the 23 March Pakistan Day parade. Next to the defence toys like the big bad tanks, missiles and drones, a dozen balloons could well be a peek into the future of war. Let’s go ahead and give highest defence awards to Balloon Number 1 and 2 for their valour, while India can award the men who caught these balloons red-handed in broad daylight.

https://theprint.in/opinion/letter-from-pakistan/two-balloons-have-done-what-imran-khan-govt-couldnt-give-india-sleepless-nights/624021/

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Latif-ul-Khabiir

The Greater Kashmir

March 19, 2021

No vision can grasp Him but His grasp is over all vision; He is above all comprehension, yet is acquainted with all things’’ (Al An’am: 103)

Latif is subtle Quranic idiom, finest in its frame, silken in its form, imperceptible to senses. ‘Latif’ whatever the manner of defining it defies total definition, so subtle is the idiom, while as ‘Khabiir’ is the one vested with total knowledge of all that exists in the universe, that is One and Only Allah (SwT). He knows mysteries, which are beyond human comprehension. While as no vision can grasp Him, His grasp remains over all vision

Thus Latif-ul-Khabiir could be an attribute of Allah (SwT) denoting acquaintance with whatever exists in universe, in fact the multiverse, as scientific knowledge underlines that what we call universe is actually a multiverse, beyond the moon, and beyond the stars and the sun.

‘Latif’ the subtle idiom finds mention in another Holy Verse:

‘’Seest thou not that Allah sends down rain from the sky, and forthwith the earth becomes clothed with green? For Allah is He Who understands the finest mysteries and is well acquainted (with them)’’ (Al Hajj: 63)

The Holy Verse marks the grace of Latif-ul-Khabiir. In bestowing His favours, He is extraordinarily gracious. Being the nature personified, Allah (SwT) has the ultimate knowledge of subtleties of nature, as well as the interaction between various elements of nature—of the sky above, and of the earth below. Thus it is the rain from the sky which clothes the earth with green.  Allah (SwT)’s acquaintance with various elements of nature and its mysteries, which are but manifestations of the prowess of Latif-ul-Khabiir, marks the subtlety of the interplay of these elements–the song of the nature, its unending melody!

https://www.greaterkashmir.com/news/friday-focus/friday-focus-latif-ul-khabiir-2/

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