Sir Hannan,
Salam. Tone fluctuates– conviction stands strong. We simply shun a Hadis if it is ridiculous, illogical, anti-justice, anti-women, anti-nonMuslims etc. See the trap - before 1400 some Hadis-doctors decided something and effected millions lives. After many centuries another folk of Hadis-doctors decided some of those wrong, again effecting millions of lives. And now after many centuries, some other Hadis-doctors are claiming some of them as invalid or authentic, again effecting millions of lives. And after few centuries some other scholars will "prove" today's Shah Hannans wrong, again effecting millions of lives. What a dangerous game with Islam !
This is also not true that one scholar's opinion is not binding, it all depends on who has the political power - look at the Sharia-countries of past ans present. People were killed by state-power for opposing the late Saudi Imam Bin Baaz who created all those anti-women laws in Islam's name. Dr. Qarzavi no less self-contradicting than Mawdudi. Sir, a scholar is a scholar only if and when s/he harvests human welfare from reading hundreds of books, otherwise not.Qarzavi / Mawdudi fail there.
If several interpretations of a Sahi hadith is possible, if Sunnah should be understood in the light of the Quran, then what about contradicting understanding of the Quran itself, and how to quality-control those "interpretations"? What about distorted understanding of the Quran established by patriarchy and powerful vested interest group?
These are important questions, yet to be answered satisfactorily.
Sir Hannan, I quoted two Sahi Hadises and one Sharia law not to prove FMG obligatory but then again, if two "Prophet's Examples" and one "Allah's Law" do not make something obligatory what does? Anyway, I quoted them only to show that the claim of the scholars that there was no support to FGM in "Islam" or Sahi Hadises was simply not true. They must not bypass or hide but mention those documents and declare them invalid.
Thanks for your advice but I am studying Hadis in the sad universe of Muslim women through Hadises - Mursal, musnad, musnad-i munqati', mawsul, mutawatir, Mashhur, mawquf, ahad, muallaq, qudsi, qawi, nasikh, mansukh, Aam, Khaas, Hasan, Maqtu, shadh, gharib, daif, muhkam, mutashabih, munfasil, mustafid, muddarib, mardud, muftari, mawdu etc.
My teachers are world's best Hadis and Sharia-scholars, - those millions of Muslim women destroyed by Hadis and Sharia laws.
Who knows fire better than a burnt butterfly?
Regards
Hasan Mahmud.
(Please talk to us on specific issues – trust me we have lots to learn and more to unlearn).
***************************************************************************
From: sahannan@sonarbangladesh.com
To: khabor@yahoogroups.com; inquisitive_sisters@yahoogroups.com; banglarnari@yahoogroups.com; muktochinta@yahoogroups.com; mukto-mona@yahoogroups.com; editor@shodalap.com; editor@satrong.org; fatemolla@hotmail.com
Subject: Re: [khabor.com] Fw: Muslim Scholars for Banning FGM ----http://www.islamonline.net/servlet/Satellit
Date: Sat, 26 Jan 2008 06:05:07 -0800
Dear members,
Assalamu Alaikum.I have read Hasan Mahmud sahib's letter and I find a change of tone which I appreciate.I quote from his letterquote One more lesson for us. Many Sharia Laws and "Sahi" Hadises are anti-Islamic. That is exactly what I'm struggling against, not against Sharia as "Moral Code" as per the Quran. unquote.
It is agreed by all scholars that Most of the Hadith are Ahad and even if Ahad is considered Sahih by the collector of hadith , it remains Zanni in character that is authenticity is not a hundred percent definitive.
It should also be clear that Sahih in Bukhari means Sahih according to judgment of Imam Bukhari, others may not agree.This has happened in fact and Imam Daraqutni, Albani and others found some Hadith as weak in Bukhari, Muslim and other Sahih collections.
All the Hadith books and Fiqh and Tafsirs quoting many hadith have been source-critiqued and weak in those books have been identified ( Please see Approaches to Sunnah by Dr Qaradawi, chapter 2 )
Now there is a large group of Hadith which has been considered Sahih till date by all.We should be more careful about them.
Om the other hand there is a group Hadith in Sahih collections which have been considered Sahih by some and weak by others. Reasonably knowledgeable Muslims have right to take any view in this regard as per understanding.
I can say for myself that in Bukhari and Muslim, I did not find more than twenty hadith which I could not explain or understand or reconcile with Quran or reason.I refrain from these few hadith as these are Ahad on the basis of principles followed by scholars and principles of Usul.
I would mention a few points for better understanding of the Sunnah or hadith---
1.Sunnah should be understood in the light of the Quran.
2.If several interpretations of a Sahih hadith is possible , preference should be given to one in line with the Quran.
3.Sunnah in a matter is not found always in one Hadith.All the Sahih Hadith on any particular matter have to considered together to find the Sunnah in the matter
4.Understanding the Sunnah in the light of the objective of the Hadith should be the method.
.5.Where necessary figuirative meaning of the Hadith has to be taken.
6 Hadith relating to occurances after death and Akhirat, Jannat and Jahannam should not be judged by what we see and know in the world.The laws and scales of Akhirat will be different.(These principles have been explained in the book Approaches to Sunnah, third chapter, by Dr Qaradawi)
On the issue of FMG Mr Hasan mahmud has mentioned two Hadith, one from Bukhari and the other from Abu Dawud .Hadith of the Bukhari given does not make FMG obligatory , even Mustahab.
The status of Hadith of Abu Dawud, I can not say immediately, but there is nothing in it to make FMG
The scholars have taken all aspects of hadith and objectives of Islam in giving their decision in this regard as mentioned below..
I can only request Hasan Mahmud sb to study the subject of Hadith more carefully in an Islamic institute or university, if possible,
Shah Abdul Hannan
----- Original Message -----From: Banglar IslamTo: khabor@yahoogroups.com ; inquisitive_sisters@yahoogroups.com ; BANGLARNARI ; MUKTOCHINTA ; muktomona . ; SHODALAP ; SATRONG - NEW ; fatemolla fatemollaSent: Thursday, January 24, 2008 11:53 PMSubject: RE: [khabor.com] Fw: Muslim Scholars for Banning FGM ----http://www.islamonline.net/servlet/Satellit
Dear All,
Salam.
This is just one of our millions of unfortunate daughters whom we couldn't save for thousand years. But now there is good news.
I have been following the news bellow posted by Sir Hannan, - since the conference in 2006 - and don't know of any follow up except ONLY one country, Eretria banned it by law. The devil victimizes six thousand girls every single day in front of Muslims world - and it took a thousand years to open our eyes. Better late than never - now it has to be taken up by all governments and slowly educate people against it. It is tough to uproot an evil if it is established as god's law.
The scholars and the statement are incorrect that FGM has no ground in Islam. Once something is clearly stated in Sharia law as "Obligatory" and is mentioned in Sahi Hadis as NOT denied by our Prophet, it certainly can be taken as "Islamic". FGM has all these support. That is why it is believed by millions Muslims as Islamic, that is why many FGM-performers utter Islamic Kalma during FGM (Draw Naoal 1980: 33-43 and Miles 1988: 88-89 - Nari - Dr. Humayun Azad), that is why it survived thousand years, and that is why WHO-workers on FGM were threatened by local mullas (who website and Cover Story of Readers' Digest August 1998).
Instead of denying the existence of this Sharia Law and Sahi Hadises, scholars should have addressed them and declare them null and void for ever:-
Shafi Law e.4.3 :- "Circumcision is obligatory for both men and women. For men it consists of removing the prepuce of the penis, and for women, removing the prepuce (Ar. Bazr) of the clitoris" (quote excludes translator's note).
Sahi Bukhari Vol 7 Hadis 779 subtly supports FGM - "Narrated Abu Huraira: I heard the Prophet (SA) saying, "Five practices are characteristic of Fitra: Circumcision, shaving the pubic hair, cutting the moustaches short, clipping the nails and depilating the hair of the armpits"- unquote.
If one wants to retain the following Hadis, there is danger of FGM's coming back: - Sunan Abu Dawûd Vol 3 Hadis #5251 - "A woman used to perform circumcision in Medina. The Prophet said to her: 'Do not cut severely as that is better for a woman and more desirable for a husband".
It is better the scholars mention all the above and declare them and FGM unacceptable forever as anti-Islamic. Otherwise these three will continue impacting Muslim societies from oblivion.
One more lesson for us. Many Sharia Laws and "Sahi" Hadises are anti-Islamic.
That is exactly what I'm struggling against, not against Sharia as "Moral Code" as per the Quran.
Regards.
Hasan Mahmud KNOW YOUR SHARIA - BANGLA BOOK:- http://www.banglaclick.com/islam- o-sharia- p55045.html
EBSITE:- http://banglarislam.com/
To: inquisitive_sisters@yahoogro ups.com; khabor@yahoogroups. com
From: sahannan@sonarbangladesh.com
Date: Thu, 24 Jan 2008 06:25:16 -0800
Subject: [khabor.com] Fw: Muslim Scholars for Banning FGM ----http://www.islamonline. net/servlet/ Satellite? c=Article_ C&cid=1164267223692&pagename=Zone- English-News/ NWELayout
Sent: Saturday, November 25, 2006 7:33 AMSubject: Muslim Scholars for Banning FGM ----http://www.islamonline. net/servlet/ Satellite? c=Article_ C&cid=1164267223692&pagename=Zone- English-News/ NWELayout
Muslim Scholars for Banning FGM
By Sobhy Mujahid
CAIRO — Muslim scholars from around the world have called for banning the Female Genital Mutilation (FGM) and pressed for a legislation criminalizing the practice.
"Circumcision is obligatory for only males according to the religious and medical evidence," said Qaradawi.
"Female genital circumcision is harming women psychologically and physically," the scholars said Thursday, November 23, in a joint statement wrapping up a Cairo-hosted conference on the ugly phenomenon.
"Therefore, the FGM practice must be stopped as Islam is totally against harming human beings."
The FGM, which involves the full or partial removal of the clitoris, is common in many Islamic and African countries.
It robs women of sensitivity in their sexual organs.
Parents who support the practice argue that it helps prevent promiscuous behavior in their daughters.
"The FGM is an old habit practiced by some Muslims in a number of countries with no ground from a Qur'anic text or hadith," added the statement.
"The FGM is considered an abuse that requires punishment."
Muslim scholars for decades have emphasized that there is no Islamic basis for the very harmful practice, which causes many deaths among young girls each year.
The conference was organized by Egypt's Darul Ifta in cooperation with German human rights group Target.
It brought together prominent Muslim scholars from 13 Arab, African and European countries.
Prominent among attendees were also Grand Imam of Al-Azhar Sheikh Mohamed Sayyed Tantawi and Egypt's Grand Mufti Ali Gomaa.
No Evidence
Prominent Muslim scholar Sheikh Yusuf al-Qaradawi said there is no evidence in the Noble Qur'an confirming the FGM.
"Circumcision is necessary for only males according to the religious and medical evidence," added Qaradawi, the president of the International Union for Muslim Scholars (IUMS).
"But scholars are at odds over the FGM whether the practice is a must or favorable," he added, underlining that banning FCM was permissible.
Gomaa said no examples of the FCM could be found in the life of Prophet Muhammad (peace and blessing be upon him).
"Prophet Muhammad didn't circumcise his [four] daughters," he added.
Attendees have pressed for legislation "criminalizing the FGM and those practicing it".
Mushira Khattab, the Secretary-General of Egypt's National Council for Motherhood and Childhood (NCCM), said that the CFM was a violation of the women's right.
The conference called on regional and international parties to acquaint people with the rights sound bases of dealing with women and ending the FCM practice.
They also urged educational and media institutions to highlight the CFM harms and its negative consequences in the society.
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