Jurists From India

"The Indian Muslims are first Muslims, then Indians. According to the Muslim leaders like Syeed Amir Ali, if the foreign Islamic countries invade India, the duties of the Indian Muslims will be to help those Muslim invaders against India, because ‘Muslim identity’ is more important to them."

"The Muslims fully exploited the eagerness of the Hindus for Muslim support in their political struggle against the British, and grew more and more truculent in their attitude, demanding further extension of the principle of communal representation and increase in the appointment of Muslims in all State services. Agitation for all these was carried on not only in India but also in England. A British branch of the Muslim League was opened in London in 1908, with Sir Syed Ameer Ali as Chairman, in order to enlighten public opinion in England regarding the separatist tendencies of the Indian Muslims. In his inaugural address Ameer Ali observed: “It is impossible for them (the Musalmans) to merge their separate communal existence in that of any other nationality or strive for the attainment of their ideals under the aegis of any other organization than their own”. (158ff)"

"Conservation and preservation of water and other natural resources is a religious obligation for all mankind and not complying is a violation against the compassion of the Creator."

"To learn, write, and gain expertise in Urdu language is a religious obligation upon the Muslims living here (Kashmir)."

"Scholars are much needed as they are the backbone of religion. Scholars are more needed than Saints otherwise no one would know the religious ordinances and limits."

"Keep intellect above your habits, and Shari'ah above your intellect."

"Saints (Sufis) are like elder brothers and Senior scholars (Fuqaha) are like father in respect."

"Energizing one's intellect and disposition is not the way to success. The kindness of the Master cannot be achieved without humility."

"I developed enthusiasm for Dīn - of which tahajjud is one branch."

"The enthusiasm which I had for debating in my young days is now replaced by as much aversion for it because of its harms."

"If by practicing on any form of piety, someone’s heart will be broken, then practice on the fatwa (verdict of the scholars). At such occasions, to protect one’ piety is not permissible e.g. If, in accepting any gift, there is disgrace for you and honour for your brother, then give preference to his honour over yours."

"The reality of character is that we must not cause any form of difficulty and inconvenience to anyone, outwardly or inwardly, in his presence or in his absence."

"Mosques are not places for mundane activities. Mosques are erected purely for the remembrance and worship of Allah."

"Remembrance creates and strengthens a special bond between man and His Creator."

"Without the head, man is a dead body. So too, without prayers, all other acts of worship are lifeless."

"To assume a task beyond one’s capability is not proper for a Mu’min. The consequence will be failure, disgrace, worry, and shame. Frustration will then overtake one."

"The seeking of wealth for a valid reasons is exhorted and is full of significance. Lawful wealth too plays its part in the acquisition of peace of mind, which is an end desired by the religion."

"A scholar is an adherent of the Sunnah."

"Lowering oneself, which is called Tawaadhu’ (humilty), is a great and valuable asset. To achieve this quality, many of the servants of Allah abandoned their kingdom and empire. They didn’t care in the least what people thought of them. Surely, humility must then be a much-prized quality so that people gave it preference to it over the entire world!"

"Knowledge prevents one from going astray because of the realization of the truth. This in itself is a great treasure."

"The primary purpose of Tasawwuf is the reformation of the actions of the heart."

"People are excessively obsessed with dreams. Their concern for things which they dream is greater than their concern for things which effect them during their state of wakefulness. How confused are they!"

"‘It closes the Gate of Interpretation. It lays down that legists and jurisconsults are to be divided into certain categories and no freedom of thought is allowed.’"

"‘The greatest gift of the modern world to man is freedom,’... ‘—freedom to think, freedom to speak, freedom to act.’"

"‘The law of marriage in Islam, with certain important reservations, is beneficial to women; and so is the law of inheritance,’... ‘Why is it that almost everywhere in Islamic countries women have been denied rights by custom over immovable property? That is so in India, Indonesia, Egypt, Persia, and North Africa. And what is more disturbing is that not only is woman denied her Koranic rights but she is considered inferior to man and not fit for certain political rights. Travel in Muslim countries demonstrates the painful fact that woman is considered the plaything of man and seldom a life-companion, co-worker, or helpmate. It is not enough to brush this aside by saying that a particular practice is un-Islamic or contrary to the spirit of Islam. It is necessary to face facts, to go to the root of the matter, to give up inequitable interpretations, and to re-educate the people.’"

"Asaf A.A. Fyzee was a distinguished scholar, author of the well-known Outlines of Muhammadan Law, the seventh print of the fourth edition of which was published by the Oxford University Press in 1993. His succinct book, a gem of lucidity and courage, A Modern Approach to Islam, glows with the passion to salvage Muslims, and just as much with exasperation at what has been made of the shariah, and through that of Muslim society by the ulema."

"Charitable aid often keeps people away from industry, and lethargy breeds degeneration. Furthermore, some people who desire fame by making foundations and endowments obtain property by shady means, amounting even to extortion and exploitation. Agricultural land deteriorates in the course of time; no one is concerned with keeping it in good trim; the yield lessens, and even perpetual leases come to be recognised. In India, instances of the mismanagement of waqfs and of the destruction of waqf have often reached the courts."

"We must consider briefly the advantages and disadvantages of the institution. The religious motive of waqf is the origin of the legal fiction that waqf property belongs to Almighty God; the economic ruin that it brings about is indicated by the significant phrase The Dead Hand.’ Waqf to some extent ameliorates poverty, but it has also (another) side. When a father provides a certain income for his children and descendants, the impulse to seek education and the initiative to improve their lot gradually decrease."

"At the end of the 19th century, one-half of the cultivable land in Algiers was dedicated. Similarly, in Tunis one-third and in Egypt one-eighth, of the cultivated soil was ‘in the ownership of God’. But it was already realised by the beginning of the 20th century, first by France and later in Turkey and Egypt, that the institution of waqf was in some respects a challenge to the natural growth and development of the national economy."

"The importance of the institution will be better understood if we take into consideration the enormous extent of waqf/land or, the possessions of the Dead Hand, in the various countries of Islam. In the Turkey of 1925, three-fourths of the arable land, estimated at 50,000,000 Turkish pounds, was endowed as waqf."

"‘It must be asserted firmly,’...‘no matter what the Ulema say, that he who sincerely affirms that he is a Muslim, is a Muslim; no one has the right to question his beliefs and no one has the right to excommunicate him. That dread weapon, the fatwa of takfir, is a ridiculous anachronism. It recoils on the author, without admonishing or reforming the errant soul. Belief is a matter of conscience, and this is the age which recognizes freedom of conscience in matters of faith. What may be said after proper analysis is that a certain person’s opinions are wrong, but not that “he is a Kafir.”‘"

"‘It must be realized,... that religious practices have become soulless ritual; that large number of decent Muslims have ceased to find solace or consolation in the traditional forms of prayer and fasting; that good books on religion are not being written for modern times; that women are treated badly, economically and morally, and that political rights are denied to them even in fairly advanced countries by the fatwas of reactionary Ulema; that Muslims, even where they constitute the majority in a country, are often economically poor, educationally backward, spiritually bankrupt and insist on “safeguards”; that the beneficial laws of early Islam have in many instances fallen behind the times; and that the futile attempt to plant an Islamic theocracy in any modern state or fashion life after the pattern of early Islam is doomed to failure.’ ... ‘the time for heart-searching has come. Islam must be reinterpreted, or else its traditional form may be lost beyond retrieve.’"

"‘It is necessary to add,’... ‘that true Islam cannot thrive without freedom of thought in every single matter, in every single doctrine, in every single dogma.’"

"‘My solution,’ Fyzee wrote, ‘is (a) to define religion and law in terms of twentieth century thought, (b) to distinguish between religion and law in Islam, and (c) to interpret Islam on this basis and give a fresh meaning to the faith of Islam. If by this analysis some elements that we have regarded as part of the essence of Islam have to be modified, or given up altogether, then we have to face the consequences. If, on the other hand, belief in the innermost core can be preserved and strengthened, the operation although painful will produce health and vigour in an anaemic body which is languishing without a fresh ideal to guide it.’"

"‘What we have to face,’ he wrote, ‘is that a Muslim living in a secular or a modern state must have the freedom and independence to obey fresh laws; and new legal norms, whether related to the Shariah or not, will have to be formulated. It is becoming increasingly clear that something good and legal may be entirely outside the rule of Shariah, just as, surprisingly enough, some rules which are unjust and indefensible may be within the orbit of acts permitted by the Shariah. I refer to some rules in the Hanafi law of talaq (divorce) in India, to take a simple example.’"

"‘It is the writer’s conviction,’ he wrote, ‘that gradually all individual and personal laws, based upon ancient principles governing the social life of the community, will either be abolished or so modified as to bring them within a general scheme of laws applicable to all persons, regardless of religious differences...’"

"Such gradual modifications, even of the rules of Shariah do not destroy the essential truth of the faith of Islam. On a truer and deeper examination of the matter, it will be found that certain portions of the Shariah constitute only an outer crust which enclose a kernel—the central core of Islam—which can be preserved intact only by re-interpretation and restatement in every age and in every epoch of civilization. The responsibility to determine afresh what are the durable and what the changeable elements in Islam rests on us at the present time. The conventional theology of the Ulema does not satisfy the minds and the outlook of the present century. A re-examination, re-interpretation, reformulation and restatement of the essential principles of Islam is a vital necessity of our age."

"‘Some ten years ago (the essay was written in 1959), there were disturbances in Pakistan and an inquiry was instituted. The Chief Justice of Pakistan questioned several Ulema regarding Islam and its essential tenets; and according to his analysis, some of the Ulema were, in the opinion of their fellow-Ulema, unbelievers. Such is the degree to which fossilization of thought has taken place in our faith. Islam, in its orthodox interpretation, has lost the resilience needed for adaptation to modem thought and modem life.’"

"‘Iqbal and Abdur Rahim amongst recent Indian writers have rebelled against this doctrine, and yet none ventures to face the wrath of the Ulema.’"

"Some of the practices which he allowed, indeed prescribed, were ones which others condemned as vestiges of paganism and polytheism—for instance, celebrating the urs or observing the anniversaries of pirs and ‘saints’. At the same time he was most emphatic in denouncing anyone who joined hands with the kafirs even for attaining strictly Islamic objectives. Thus, for instance, he heaped abuse and scorn at those who had agreed to work under the leadership of Gandhiji even though it had been with the object of restoring the greatest of Islamic institutions, the Caliphate. You have agreed to work under a kafir, he railed. You have made Muslims the slaves of a kafir, he railed."

"Praise be to Allah, ever since I gained consciousness I have found only strong dislike for the enemies o f Allah in my heart. Once I had gone to my village (apne dehat ko). Some rural courtcase arose and our servants (mulazim) from all four directions had to go to Badayun [to appear in court]. I was left all alone. This was a time when I suffered from severe colic pain. That day the pain started from the time o f zuhr (m id-day). . . I couldn’t stand up for the namaz (prayer). [Ahmad Riza then relates that he supplicated Allah and the Prophet for help, this plea was heard, and he was able to offer the namaz. But the pain returned just as severely as before, and he decided to lie down. While he was lying there,] a Brahman from the village passed by in front o f me. (The wretch himself professed something close to tauhid and deceitfiilly inclined toward the Muslims in order to please me.) The gate was open. Seeing me he came in. And putting his hand on my stomach he asked, 'Is this where it hurts?’ Feeling his impure (najis) hand touching my body I felt such revulsion (karahat, najrat) that I forgot my pain. And I began to experience a pain even greater than this, [knowing that] a kafir’s hand was on my stomach. This is the kind of enmity ( ‘ adawat ) that one should [cultivate toward kafirs]."

"Most Indian Muslims are Sunnis, some say almost 85 to 90 per cent are Sunnis. Most Indian Sunnis are Barelvis, some would say two-thirds of them are, in particular those living in the countryside. The Fatawa-i-Rizvia is the most important collection of fatwas of the Barelvis. It consists of the fatwas issued by the most influential figure among them—Maulana Ahmad Riza Khan. He was a prolific issuer of fatwas, a formidable polemicist, often an abusive one, an indefatigable campaigner, in a word a pugilist. Few dared to cross swords with him, indeed few dared to even stand in his way. He lived from 1856 to 1921, and came to exercise a mesmeric hold over vast numbers."

"Maulana Ahmad Riza Khan’s fulminations against doing anything which entails association with kafirs, Hindus in this case, extend over more than a hundred quarto-sized pages of closely packed text. The denunciation and scorn he heaps on those who are advocating such a course are even greater than what he hurls at the course itself. Indeed, time and again he declares that those Muslims—’Muslims’ is the wrong term actually for his school had issued the fatwas of kufr on the leading ulema of Deoband, etc.—who advocate such a course are greater enemies of Islam than the kafirs themselves. His fatwas against associating with the kafirs in any way are, as we have noticed earlier, grouped under the generic heading, ‘Nafrat ke Ahkam’, ‘The Ordinances of Hatred.’..."

"He next takes up the question of according respect to a polytheist, be he a man as exceptional as Mahatma Gandhi. Quoting authorities, including the Quran, the Hadis, the Durr-ul-Mukhtar, the Maulana declares, respect is to be paid only to Allah, the Prophet and the Muslims, but the hypocrites—munafiq—know not. Citing the Prophet the Maulana says, he who renders respect to followers of the wrong faith has without a doubt lent a hand for the demolition of the Islamic religion. When this is the commandment in regard to one of wrong faith, what shall be the commandment for honouring a polytheist?, he asks. The Prophet has forbidden us to even shake hands with any polytheist, he says, even to refer to him by his surname (kunniyat), even to use words of welcome (marhaba) upon his arrival. These are not even very consequential things entailing great honour, they pertain to regard of a very low degree, the Maulana notes—that one should not call him by his name, one should not call him as the father of so and so, one should not say ‘Aiye’ when he comes. And yet, he notes, the Hadis has forbidden Muslims from doing even these things. And these persons are asking us to cry ‘jai’ for him! This is a Satanic deed, the Maulana pronounces..."

"He goes on reiterating the denunciation, repeating the points, citing the Quran and other authorities. And then he addresses the rationalization that there are grades of kufr and that it may be permissible to cooperate with some kinds of kafirs. Yes, he declares, if there is a difference among kafirs it is in this that the greater a person’s kufr the more haram it is to deal with him. To revere evil is kufr, the more severe the evil the stricter the commandment. This shall befall the liars and calumners—that in kufr the Magians are worse than Jews and Christians; and the Hindus are worse than the Magians; and the Wahabis and apostates are worse than the Hindus. The commandments about them are progressively harsher in this very order...."

"To sacrifice the life of Quran and Hadis at the altar of idolatry is gross disrespect of the Quran and Hadis, and it is to accord great respect to idolatry, declares the Maulana. If this is not kufr, he says, then nothing in the world is kufr. Alluding to an instance in which the Prophet had taken the help of a kafir to make his way in an unfamiliar place, the Maulana exclaims, where is taking a polytheist along over an unfamiliar terrain, and where is making him one’s leader and guide in regard to one’s faith! Can there be any comparison, he asks. If a shaikh or imam were to sit in an ekka and the one driving it were a kafir, does that mean that, on the ground that the shaikh or imam was sitting behind the kafir, his followers can accept the imamat of the kafir and read the namaz behind him? And that incident regarding the Prophet, the Maulana says, too is an incident of a period when the order of jihad had not yet come down (from Allah), and of a time when the practice was ‘Unto you your religion and unto me mine’. But after that what was expected of Muslims regarding kafirs became progressively stricter, the Maulana points out, and eventually came the revelation for all time: O Prophet! wage jihad against kafirs and hypocrites.... If you draw your rule from the first incident then it is a great foolishness—if it is drawn by an ignorant man; and if it is drawn by or on the authority of an educated person then it is a crime and gross wickedness. This is false imputation on the Prophet, the Maulana proclaims. Never did the Prophet maintain any social relations with any kafir. For it is said in the Quran, He who among you maintains relations with them is one from among them. The ordinance of Allah to His Prophet was: O Prophet! wage jihad against all kafirs and hypocrites, and observe a harshness and strictness towards them.... And then the Maulana takes up the practice of calling Gandhiji a ‘Mahatma’. ‘Mahatma,’ he says, means ‘Great Soul,’ and this, he recalls, is the appellation special to angel Gabriel. To associate it with a polytheist is pure enmity of Allah and the Prophet."

"Mufti Kifayatullah was the mufti of Delhi, he was in fact often addressed as the Mufti-i-Azam, the Grand Mufti. His mastery of the Hadis literature was said to be unequalled. Born in 1875, he lived till 1952. He was devoted to Tabligh work. He founded the Jamiat-ul-Ulama-i-Hind, and remained its president from 1919 to 1942. He participated vigorously in the Khilafat and Civil Disobedience movements, and was twice imprisoned during the latter. He became a member of the Congress Working Committee in 1930. As the demand for Pakistan gathered momentum, he was one of its principal opponents among the Muslim ulema. In a word, a nationalist among the ulema. Quite apart from that, he was an astute, one is tempted to say a judicious man. Often his formulations are a pleasure to read—he doesn’t give a black or white answer; often he clears a path in between the contending positions. Often his advice is sagacious."

"Shariat can be fostered through the sword."

"Sirhindi argues one should adhere to the Prophet’s sunna and to the sharī‘a, which was most comprehensive and “the essence of all heavenly books was included in the Koran. Hence all those who pinned their faith on the Sharī‘a were superior to all peoples and nations who did not. He condemned the study of philosophy and the beliefs of the Mutazilas and their followers, in most emphatic terms.”"

"Sirhindi also launched a vicious attack on Hinduism, and believes all Hindus, since they were guilty of shirk, must be humiliated whenever possible. Sirhindi stood for a ruthless suppression of innovations..."