Concerning The Hadith & The Talk of a Raped Woman

[Waziri]

(For UmmulHuda, for her respect for Prophet Of Islam)


Ummulhuda raised a very important point, saying, people of integrity are rare today, therefore the idea of depending on eye witnesses to support a case in Islamic law may need to be revisited. That her understanding is informed by the Hadith that quotes the Prophet of Islam as saying " The best of epochs is my epoch, then the one that follows it, then the one that follows that one till the end of time".

In what follows I intend to understand the claim and authenticity of the Hadith and the damage the belief in the Hadith has caused to the Muslim Umma over the centuries. I then later move to the issue of people's  integrity in this modern world, where man is achieving much in science and technology at the expense of the much he is loosing in personalty and character ethics.

First of all, according to the scholars of Hadith, it is confirmed that the Hadith inspite of its popularity and the fact of it,recorded by one of the most reliable compilers of Hadiths do not qualify as "Sahih", meaning authentic, not only because there is missing link in the chain of its reporters but also because  it contradicted many other authentic Ahadith and the Qur'an.

In Suratul Waqi'ah Allah promises that good people are and will always come from the people of the beginning and those of the end. Sullatun minal Auwalina wa Sullatun minal Akhirin; A good number from the people of the beginning of times and a good number from the people of the end of times.

There is also the other more authentic Hadith that quotes the prophet as saying to a group of his Sahaba that there are people that will come at the end of times that will believe him more than the way they (the Sahaba) believed him. Because these people do not know and have never seen him but would find reason to live and die for the cause which the Prophet preached. One of the Sahaba present there added by mentioning some sterling qualities of the Holy prophet which made them even impossible to disbelieve him. Haba! Huda, how I wish you would try and conjure the image and the practice of that person whom at the turn of the 21st century scholars across the globe do not hesitate in saying he is the greatest man that ever lived? Try to  gauge the Iman of those who have met that person and those who have not met him?

In reality as in the chronology of Islamic history, there were many generations that were better than their preceding generation. For example, the generation of the Khalifah Umar bn Abdulaziz, I mean Umar of the Ummayyad dynasty, who came much later in the Ummayyad rule and proved to be better than most of his predecessors.

In the Qur'an Allah (SWT) always tells us the way and never for a time emphasized that those in the present will be better than those to come in the future. But rather it emphasizes that if you do not do as He wishes, He would substitute you with others and they would do the job good and would never be like you.


And as I have said earlier, belief in that Hadith have for centuries deterred the progress of the Muslim Umma. For example it was the centre point that made some scholars in the Sunnah world to sit down at the 2nd century after the Hijra and say : the door of ijtihaad has been closed, that the works of Malik, Hanafi, Hanbali, and Shafi'i shoud mark the end of ijtihaad. As a result of this thinking jurisprudence in Islamic Sunni remained stagnant and resistant to new ideas for centuries. Muslims started worshiping their past, whenever something came up they say no, it cannot be equal to the one of old. We grew pessimistic and backwardness became the very best of traditions, all as a result of that Hadith. Needless to say it is the major problem we are today facing in our implementation of Shari’a in Nigeria. Some people just went ahead and started plucking laws from the books of jurisprudence written by olden-days scholars , without subjecting them to rigourous debates, to start implementing them without being pragmatic, giving appropriate attention to other trappings that should and should not make things. Malik said it and nobody today can be like Malik. Period.

Now one of our major challenges is to see how we can live above that paradigm. Because if one does not believe he can, he will never, and excellence is a habit  one can develop and train ppl of his immediate constituency to achieve.The truth of the matter is apart from the Prophet of the then, there is nobody that can claim being better in piety than the people of the present generation. To some degree we can say we are even better than them because of the above Hadith. It is really among the companions that we have those we refer to as those who commited adultery and the prophet did so and so... Those who told lies and the Prophet did so and so...those who killed and the Prophet did so and so...etc.

Our only, I repeat, only problem is the philosophy of Cynism that was sold to us by the secularists West. They say all should not trust one another, until they prove they are trustworthy. This, in Movies, Novels, Newspapers, Televisions, Radio and even school text books. If we can remember, I once lodged a  complaint here lamenting how a survey shows that 90% of the books written in the world in the past century were written by the non-religious West. And what is unfortunate , they were all written in line of this CYNICISM as far as human relation is concerned. Most unfortunate is we are consuming their arguments hook line and sinker and many atimes without knowing.

As a result , in our daily disposition, we conclude every day that people are not trustworthy everywhere. But the fact of the matter is,  we are the ones who do not trust ourselves. We are constantly bugged by a smeared sense of personal security. At home it is always a fight between us and our wives, and so it is always on the streets and in the offices. Corruption everywhere, because people always feel insecure. We say nobody is worth being trusted.

We live an illusionary life, we refuse to believe, inspite of the truth that many a times  we hear that so so person is not good only for us to come closer to him/her to learn to our surprise the contrariness of the firsthand impression.

This is why Qur'an advices us to live not on hearsay and believe people until they prove other wise. We refuse to do this in search of security but yet mankind is constantly living in maximum insecurity. Mankind is very funny.

This issue of taking ppl on their words is very interesting.

Sometimes, two years back , I met a Newspaper vendor whom every day I see standing by the side of the road, on my way to office. I started buying Newspaper from him. Then one day like that, I concluded that I should just give him some huge money so that I will not have trouble picking one whenever I got broke. I did not know him prior to that, not even his name but made that move not considering whether he would cheat me or not. So we continued, The huge money I gave him finished, I gave out more again, so we continued until when it reached a time when he gives me paper on credit without knowing where to trace me if I chose to disappear completely. We built a very good relationship. Last week I was at his wedding with my not-much-to-write-home-about gift. We are friends today, a frindship built on trust.

So also the bautique I buy clothes. They today give me clothes on credit without knowing how to trace me. Yes, when I got to the bautique first, I left money with them to get me a particular set of cloth they did not have at the moment. This, I did, not minding to even pick a receipt from them. Now we are all happy we are friends in business. And these ppl, the vendor and the designer are not even Muslims. This shows that it is we who create trust by having a good sense of personal security.

So Huda each and everyone among us can give evidence and an Islamic court will take him serious. If he gave false evidence under oath it is between him and his God to settle in the heareafter where he would not live to give false evidence again. After all in practice. He who gives false evidence never end his life here in good fortune. Nemesis will soon catch up with him. But Forensic medicine, espicially in cases like that of rape, can never be a reliable alternative for it gives room for unwanted incrimination and contrivance.

ON THE ISSUE OF RAPE AGAIN

If a lady should today come and claim being raped she would be believed by an Islamic court of law and would be absolved from any other accusation that may follow in future. But if she would go ahead and point an accusing finger to anybody, Islam prescribes that she should produce four witnesses to it. If these four witnesses are not established then she has no case.

The use of forensic medicine, semen sample, can not be a better means of substantiating her claims, because if accepted as some posters  shown, can serve as a convinient tool for blackmail and terror, the way it is now being used across the globe both on the part of the plaintive and the accused.

This brings us to the point which emphasises that even in those countries where forensic medicine is used,  the victims are compensated only in material terms. Living a wide space where the dignity of the accused can easily be compromised.  But where islam proves better is where it makes efforts to protect further innocent people from unwanted incrimination and contrivance. And also provide spritual consolotion to the bereaved.

Islam takes people by their words if they can swear under oath and bear the consequences of swearing. You all know what that means. Though Mr. Fulcher may not see reason in that but the question is:

In USA what is it they do if a woman cannot point any person as her rapist? What is it they do if the rapist is not caught or death overtook him before the trial?

In Islam, state console her spritually.


I am not satistisfied with the way Shari'a is being implemented in Nigeria largely because of the other reasons I pointed in the talk I gave that day to the Nigerian Graduates. But I see myself as another ambassador of Islam in the 21st century. I believe also that if today America will decide and Implement Shari'a it will add more meaning in the life of its people and the all and long awaited peace will prevail in their homes.

I reiterate my thanks and ask for your forgiveness

[Anonymous]

  Wai Waziri, Kaci sunanka! ;)

[Eskimo]

I am sorry Waziri for innterfering where I may noy suppose to be. please extend the brotherly forgiveness to me.

I will want to ask you about the idea of taking people by their words as you said it is the teaching of Islam...the same Islam that we all follow.

I could remember God remind us of those that say with their mouth what is not in thier heart.

We were also told to investigate issue when they come from some kind of peoples mouth...in ja a kum fasikun bi nabain...to the end of the verse.

The concept of taking oath is also not a new issue in Islamic courts.

Why all those if we are to take people by what they say.

A certain woman was given a letter to people of mecca by a companion of the prophet in secret. When the Prophet (SAW) learnt about it he send Ali ben Abitalib to get the letter from her. The woman denied the charge against her but Ali (RTA) said he must retrieve the letter from her - according to the narration - if it means taking off her clothes.

Why didnt he take her by her words and report back to the Prophet (SAW)?

On the issue of Raping I asked some ulama and they differ in their views.. some talk of taking oath (another way of investigation) they didnt mention any new method like DNA I wonder if they know it at all...but the bottom line is they believe of an investigation into the matter.

Some ulamas also maintain your opinion..althought they were silent on your type of perfect society where people are taken by their words.

You talk of the door of Ijtihad not closed..that is perfectly right. If they do it why not us. But in some of your opinions you are trying to deprive us of our right of interpretation. You might not be happy with this..I am sorry about it.

Peace and blessing of Allah be upon me and you.

[Waziri]

Yes, Eskimo it is not an issue of interferance for all of us here are only learning.

God remind us of ppl that say what they do not mean but there is no legistlation that says we should press them to speak otherwise when we are not sure on a different count that the are not telling the truth. You can see also how God adviced us to investigate only when a wicked or lewd(fasikun) comes with a news.

You see we take oath only when other personalities are involved. because their dignity, life, wealth, progeny, etc have to be protected. Where issues do not involve others we adviced not to cast doubt or interrogate much as I explained in my other thesis.


You also talked about the incident of a woman with letter. I believe the Prophet then was informed by divine inspiration, it was not because some person hinted him. Had it been the information was from some person the Prophet wouldn't have said that for the fear that the dignity of the woman may be smeared for a prabable outcome.


Concerning that DNA test, ask them, explain to them what science mean and the possibility of manufacturing such evidences in a laboratory. You see, no humanbeing around here can claim that he does not know Hospital and a simple grasp of the scientific methods. I am pretty sure your scholars cannot be that doll.

On the issue of perfect society, I think it is one thing that is disscussed at a very higher level of scholarship(at the risk of sounding immodest), though my self a very young who is only learning, but it is true that ppl like Ibn Khaldum, the father of modern sociology, Karl Marx, CWF Hegel and most recently Francis Fukuyama in his The End of History and The Last Man.

Though i have reasons to disagree with Fukuyama, Hegel and Marx, I see reason in its realisation in Islam.

Yes, Ijtihaad is not closed and I am not denying you of your right to do it. But the fact still remains, that we must approach it from an informed point of view.

Eskimo social justice has never been a product of science and technology but human conscience. How then do we here insist that we should resign justice to an evidence of science that can easily be manufactured in a laboratory?

Allah says He wants four eye witnesses for fear of incrimination or contrivance and we here we say no we can give science which gives room for contrivance. Is this ijtihaad?

We all agree that if some man should report a case of adultery or fornication, must support his case with four eyewitnesses not science. and we went ahead and say if a woman reports a case of forced adultery or fornication, we can use science which gives room for contrivance.

Eskimo, our problem here is we aproach law from emotional pointview. When we say it is a woman... then everybody will say Ah! it is a woman, then sympathy and emotions will becloud our conclusion.

Eskimo, Allah commands fairness between men and woman not bias towards woman or men and that fairness is my goal.

Pls Eskimo go back to those scholars you have asked and outline to them the implication of every step before you all together reach a conclusion of the best possible solution. Do not use emotions pls.

[Eskimo]

You see waziri, I very much like it when I discuss an issue with you even if I disagree. you are increasing me in knowledge really.

I will discuss this issue with a scholar I respect the next time I am in Kano insha Allah. You might know him (Jaafar Mahmud).

I am not trying to stop anybody from talking...which of course I cant!.. but sometimes I get annoyed with some peoples remarks.

People should be reading each argument not just jump into the middle of a post and start showing their "fear of God".

The classification of moderates and extremes muslims does not sink down well with me. We are all muslims despite our wide diffrence in opinion. I always say that is the beauty of Islam.

Even shia, ahmadiyya and what ever all agree on the same uncorruptible book..The Quran...

We simply differ in the interpretation not the essence. And like I once said the interpretation is HUMAN!

So please my dear muslim brothers, we should stop some things we do atleast for the sake of brotherhood. We are all learning...and nobody holds the monopoly of knowledge!

Do not even feel in your heart that I dont like so so person.

Please extend the tolerance that we are known with to our friends that are non muslims.

My Goron Ramadan na him be dat.. make una chew am well well..

[Waziri]

Yes, Eskimo, I know Ja'afar Mahmud. I must recommend you should discuss the issue with him. I believe he is even stricter than my humble self when it comes to issues like these. while discussing with him pls show him the implication of using the DNA test. Don't forget that Islam is built on reason, the faith aspect of it is always an aspect that cannot be resolved by  the rationalists themselves, as such we say we live it to God.

When I put up my argument against the use of DNA test even Mr. Fulcher saw through the truth that it is being exploited by Mafia and their jewish governments to crush oppositions and ridicule religion. Remember how Jesse Jackson (religious figure) was mocked by the claim of a certain woman who claimed having his child. I pray you will explain all angles to him when you are presenting your case.

Yes, it appears like there is no justice to a woman who claimed she was raped and was told to bring four witness to it. But the truth of the matter is nowhere across the  globe you go and get maximum justice. Crimes are always stage-managed and innocent ppl are convicted wrongly. As such we say on the issue of rape which carries no eye witnesses the judgement can not be passed by man. it is only Allah can do it. But there are ways we can avoid it which Islam prescribed in so many tones. The evil that  will come with DNA test in administering social justice surely will outweigh it is benefit.

That is why Allah maintains explitly his four eyewitness thing. Wama kana rabbuka nasiyya: "And your Lord is never the forgetting type".

Thanks and Godbless.

Let we have a blissful Ramadan.

[Waziri]

Eskimo,

I don't know if you read the paper by Ibrahim Ado-Kurawa where you see expressing similar ideas about a perfect world that I once epressed here to everybody's suprise, he says :

"Islam encourages Muslims to trust each other and above all to have good opinion of their Creator. This is in the mutual interest of all Muslims, which is an important means of achieving social justice. Therefore "as a general rule, a transaction is forbidden if it means gain for one individual but loss for another". Some non-Muslims scholars have even asserted that the future belongs to those societies in which the people trust each other and their institutions. Business flourishes when partners trust each other."


".....It was trust and patience that ensured the success of all previous Muslim generations of the Prophet (SAW), his rightly guided Caliphs and even our predecessors who established Sokoto Caliphate[90], the largest, most complexly organized[91] and most prosperous state in pre-colonial tropical Africa[92]."

You see, Eskimo. I notice you have great interest in the religion and human society in general. Why not then we engage in much research works that will facilitate effective flow and coherence of our ideas? I find these sorts of exercise enlivining and refreshing all through my life. they are the food of my soul. ;)

[Eskimo]

Yes Waziri, I read it..I read your article in Daily Trust too. Thought I am sure whether it is you or not..I only use the last name and the content of the article to reach my judgement. It is well written and educative.

[Waziri]

Eskimo,

It is myself, a journalist friend peeped the other day and saw my thesis on interrogation here @ K-online he therefore suggested he would publish it there.

Thanks once more 4 the encouragement.