A CRITICAL ANALYSIS OF ORIENTALISTS' WRITINGS ON ISLAMIC POLITY

DISSERTATION SUBMITTED FOR TIE DEGREE OF M A S T E R O F P H I L O S O P H Y

IN

Political Science

BY

OBAIDULLAH FAHAD

Under the supervision of

Dr. ISHTIAO AHMAD Reader

DEPARTMENT OP POLiTICIAL SCIENCE ALIGARH MUSLIM UNIVERSITY

A L I G A R H

February 1989

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INTRODUCTION

C O N T E N T S

C h a p t e r I Orientalism: A Mistorical Background 01

Chapter II The Evolution of Prophet's Polity: Theoretical and Factual Discussioni". 48

Chapter I I I Conceptual Discourses on Islarrdc S t a t e and Governrrient. 84

Chapter IV

Conclusion

Appendix

Bibliography

A Review of Islamic Inter­national Law and Diplomacy. 108

140

152

158

I K ^ T R O D U C T I O N

The study of history has been employed in the riodern

west as a method of philosophical contemplation. Other cultures

and civilizations have thus been studied for enhancing the slef-

understanding of the western man. Islam, too, has been appraised

in the inln.x.0A.o£ Western destiny.

It is well-established today that the formation of

European identity, the European's definiton of itself as a

historiCcOL being took place in large measure as a reaction to

Islam. The so-called 'distorted image of Islam' is a projection

of the darker side of Europe itself: it was born in ignorance,

forged in political and military struggle and nourished by

religious fanaticism and bigotry. The birth of Islam was a

traumatic experience for the Christian World. Islam was not

only a formidable political rival , it also nullified the

Christian scheme of 'Divine' salvation. Thus, Islam was sxonceived

fron its earliest encounter with Christianity as a 'problem'; a

problem of Christian Orthodoxy first and formost. It is no

exaggeration to claim that Christianity is still unable to

accanmodate the realities of Inlam. Unlike Islam, which grants

Christianity a partial dejure legitimacy as a recipient of

divine message, Christianity can never reciprocate this occunren-

ical coutitc '. It :can only denounce Islam as a 'flase' religion.

All Christian scholars vho have worked on Islam from John of

(ii)

Damascus to Massignan of Paris - are unwilling to recognise the

Spiritual and religious veracity of Islam and the Muslims.

Unfortunately, the foremost traits of Christian studies of

Islam, intrpnsigentism and dogmatic obduracy, have been begueathed

to other philosophers of history who t«o view Islam through

Christian glasses.

The Western scholars of Islam, say orientalists have never

forgotten the Christian missionary zeal. They never admitted

Islam's role to hximan society and its everliving capacity to

conduct human behaviour in a best way. This Western attitude

remains while discussing the history of politicRl thecry and

philosophy too. Ihey ignore to a very large extent, the progress

of political philosophy in the East during the ages and almost

invariably begin the history with Greece and Rome passing, rafter

a slight reference to Islamic thought on the subject, to medieval

period of Europe. A student of political science and history is

perplexed at this quiant phenomenon. His mind agitates whether

the centuries between the fall of Rome and the renaissance of

Europe were really so utterly blank. His mind also agitates as

to whether one thousand years of Islamic history which witnessed

the rebirth of science and the great rise of learning was to

barren as to be devoid of all political thought.

Professor William Archibald Dvi- ning has given, for the

first time, a detailed account of the history of political

(iii)

theories. His vork is assumed^ as writer himself, 'to be more

comprehensive than those of Pollock, Bluntschi and Hildenbrand,

and more systematic and accurate than that of Bukey, to avoid

the bibliographical character of Mohl's three volumes; and with

the utmost admiration and respect for Janet's interpretation of

political theory in its relation to ethical theory, to present

rather an interpretation of the development of political theory 1

in its relation to political fact'. But he, too, after dealing

with the classical epoch and the Christian Fathers had passed

on to vtiat little there was in European political philosophy

in the thirteenth and fourteenth centuries. The learned writer

has made the work limited, cractically atleast, to the 2

philosophy of the European Aryan peoples, and has justified

it by the argument that the 'Oriental Aryans never freed their

politics from the theological and metaphysical environrrent, and

that the Semitic Jews and Saracens at times achieved rather 3

more but their achievement was not permanent'. To him 'the

Aryans of Europe have shown themselves to be the only peoples 4

to vhom the term 'political' may be properly applied'.

It is interesting to note that author Who has negated

the East to create political thinkers simply because there was

no clear cut separation between the poliiias and ethics, has

given the proper place to scholastic school of thought.

(i-v)

5 scholasticism, to him, was a system of thought in which,

philosophy and theology trod on common grounQ, the latter was

received, as Uberweg writes^ as the absolute norm and criterion 6

of truth* . Thus he tried to ignore the Ec^stern contributions to

political thought and philosophy.

Hence, it was deemed necessary to di.' cuss the historical

background of Orientalism and to point out the objectives and

motivations of Western Stvd ies of Islamic ideology. Infact the

descipline of Islamic studies in the VJest came into being at the

heyday of colonialism and "is fed by the milk of Biblical

prejudices in its infancy and nourished by the sacred-Cow oF

secular humanism in its maturity. It impudently disfigures and 7

distarts Islam's own image",

In this study, therefore, in the very beginning, the

origin, development and different phases of Orientalisrr have

been discussed. It is found out that any perception of Islam

is foredoomed to yield only partial, and prejudicial insights.

The self-definition of Islam as the overvhelmingly personal

conviction to follow divine mandate stipulates that all intell­

ectual apprehension of Islam, indeed all human systems of thought,

knowledge and academic disciplines, be imbued with the timeless

values and universal vision of Islam.

(v)

Heedless to say that the modern West does not take keen

interest in the establishment of religion as the daninant factor

in a comiunity's life. ,)nd since the vestern civilization being

armed with superior technology and scientific development,

dominates the world today, western-educated Muslims can only

very rarely avoid beihg influenced by Western thought. They

stand urni er the sign of utter confusion. This confusion

manifests itself in the application of the purely Western

political thoughts to Islamic polity and in seeing Islamic

political system through the western miror. This situation

neither helps MusldLms nor non-Muslims to understand

what the idea of an Islamic polity really implies. For example,

take the concept of state both in the western and Islaj-nic

connotations. By positing an absolute identity of the ethical

order of faith with the legal reality of the state, contemp­

orary Islamic thought exposes itself to serious moral and

logical inconsistencies. For, the notion of the state, wtiich

is a fact of modern consciousness and a 'given' of the inter­

national system, is incluctably secular: it is totally anti-8

thetical to the moral idea of the sovereignty of God. To

introduce the secular category of the state into Islamic

political discourse, inevitably leads to the confusion of the

religious metaphor of the moral order of Islam with the Legal

reality of the Islamic polity. It does not mean, ho\^ver, to

banish politics from the realm of the faith. On the contrary,

(vi)

the pursui t of p o l i t i c s i s in tegra l t o Islam and there i s a close

link between Islam as a vision of man's r e l a t ionsh ip to ^ l l ah and

Islam as a comprehensive scheme of socia l order. Therefore, the

confusion does not issue from the insep^ration of faitTi from the

worldly a f fa i r s but from the r^slim acceptance of mytholoay of

the Western s t a t e .

Therefore, in order to find out the shortcomings in western

s tudies of Islamic po l i ty , to lessen the confusions prevai l ing

in Western-educated I^uslims and to present a po l i t y which would

r e a l l y deserve the ep i the t ' I s l a m i c ' , i t i s necessary to analyse

c r i t i c a l l y the Or i en ta l i s t s ' writings on the subject . This study

while explaining and analysing the ^^Jestern vjorks on Islamic

p o l i t y focuses mainly on important points - f i r s t l y Islam should

be concieved as the Shariah - the all-encompassing systerr of

morali ty and law. In fact , the elaborat ion of Islam in terms of

a s ingle comprehensive, universal and all-embracing system of

r e l ig ion , morali ty, law, sociology and p o l i t i c s i s the very

solut ion of many confusiors in understanding Islam in general

and Islamic po l i ty in p a r t i c u l a r , secondly, there was never

existed a t r u ly Islamic s t a t e after the time oF the Prophet

(S.A.W.) and four Rightly-Guided Caliphs. The Khilafat e-Rashida

was t ru ly Islamic in the sense that i t fu l ly re f lec ted the

prestivie teachings of Islam, Whatever forms of s t a t e and govern­

ment came into being in Muslim count t ies af ter t h a t period were

deviated, in a lesser or bigher degree, from the s p i r i t of Quran

and Sunnah.

(vii)

The methodology of this study is historical anrl descrip­

tive and the method of presentation is analytical exposition of

the facts follovjed with critical assessment. Chapterisation is

made in a gradual way: Firstly the genesis and development of

Orientalism from the very beginning till the present day with

its motives and objectives, have been discussed. Then the

Western writings on the evolution of politics of the Frophet

(P.B.U.H.) are e xamined. Further, the views of Orienta"! ists

on Islamic state and government have been analysed. This has

been followed by an appraisal of their works on Islamic Inter­

national Law and diplomacy. Lastly, the conclusion is drawn on

the whole scheme of the work.

I heartily express my gratitude to my supervisor

Dr. Ishtiaq Ahmad whose suggestions and comments not only

helped me but also encouraged and inspired me to go ahead

with my work. It is his painstaking supervision which enabled

me to complete my work. My thanks are also due to Prof. A.F.

Usmani, Chairman, Department of Political Science vho has

extended his full co-operation to me. I am also grateful to

Dr. Akhtar Majeed who has also extended his cooperation to

me during my work. I am also beholden to Dr. Yasin Mazhar

Siddiqi who not only encouraged me but has guided m,e fromi

time to tim.e.

(viii)

I should also place on record my gratitude to Vx. Kabir

Ahmad Khan, Assistant Librarian of the Institute of Islamic

Studies, A.M.U., Migarh, Mr; lAdhd Ahsan of Quid-e-A- am Library

Lahore, Br. Abdullah and Abdur Rahman of International Islamic

University, Islamabad, Pakistan who helped me whole heartedly

in collecting relevant material.

Lastly, I pray to llah:

•0 My Lord, Advance me in Knowledge'

(The Quran XX:114)

(Obpidullah Fahad)

(ix)

Footnotes and References

1. Dunning, W.A., A History of Political Theories: Ancient

and r4edieval, Allahabad, Central Book Dep ot, 1966,

Introduction, pp. XXIV-XXV.

2. Ibid., p.XIX.

3. Ibid., pp. XIX-XX.

4 . I b i d . , p . XX. I t i s very amazing t h a t the author has

c r i t i c i z e d d a r e l y , those who r e f u t e s t h i s a r rogan t

s u p e r i o r i t y of the r a c e . To hiiTi, the a s s a u l t i s wi thout

founda t ion . The term ' p o l i t i c a l ' only means a d i s t i n c t i o n

betveen the two c l a s s e s of p e o p l e s .

5. I b i d . , p . 189.

6 . Uberwea, His to ry of Phi losophy, ( t r a n s l a t i o n ) , New York,

1871, Vol . I , p . 355.

7 . Manzoor Farvez, Study- Islairi Academical ly, A.fkar I nqu i ry ,

London, Apr i l 1986, p . 33 ,

8 . Manzoor Parvez, I s lamic S t a t e ; Between the Misticfue of

Khi lafah and the Logic of Mulk, Muslim World Book Review,

' 9 , 1 , 1988, p . 3 .

CHAPTER FIRST

O R I E N T A L I S M : A H I S T O R I C A L

B A C K G R O U N D

The study of the origin anci development of Islam in the

West by the non-Muslim "experts" of Islam, is commonly known

as orientalism. It has a chequered history. The reasons for

special interest in the study of Islam mainly as a "dead"

civilization vary frcm missionary zeal to colonial, poli-t-ical

and commercial aspirations. The west saw the early expansion

of Islam as a direct threat to its powers and religion and

reacted violently by projecting a very dark and negative

picture of Islam to people of the west. The legacy of invec­

tives against the Prophet, the Quran and the general teachings

of Islam bequeathed by the missionary and non-missionary

orientalists of the medieval period has been maintained by

successive generations of orientalists with remarkable success.

Even the present-day orientalists, in spite of several positive

services to the study of Islam, have not been able to free

themselves from the influences of their predecessors. Indeed,

the techniques of attack on Islam and its history have beco me

so sophisticated and subtle that an ordinary reader cannot

easily discover the underlying ijnplications of remarks based

on speculation and sometimes manipulation of sources. In modern

times almost all the major universities of the West as -well as

Muslim world have Departments on Islam where the majority of

the teaching staff cane from the Jewish, Christian and Marxist

background.

(2)

Origin of Orientalism*

The phrase "Orient" f esignates not only a vast portion

of the earth but a people, a landscape, even a spirit which 1

the west has feared and yet found dangerously attractive.

Orientalism Is a style of thought based upon an antological

and epistemological distinction made between the "Orient" 2

and, most of the time, the "Occident". Thus a very large

number of writers* among whom pre poets, novelists, philoso­

phers, political theorists, economists and administrators

have innovaded the basic distinction between East and West.

As starting point to elaborate theories, epics, novels,

social descriptions and political accounts concerning the

Orient, its people, customs, mind, desting etc. they have

a different interpretation bssed on their pre-suppositions.

Orientalism is a movement to make the Orient open to the

West. Having said it, one may point out a number of reasonable

characteristics. In the first place, it would be wrong to say

that the orient was essentially an idea with no corresponding

reality. Secondly, ideas, cultures and histories cannot

seriously be studied without their configurations of powers.

Thus the relationship between the Orient and Occident is a

relationship of power, of domination, of varying depress of

a complex hegemony.- Thirdly, orientalism is more particularly

valuable as a sign of European - Atlantic power over the

(3)

orient than it is as a veridical discourse about the orient.

The most important point is that there should not be a mere

political knowledge about any thing. Of ccxirse, no production

of knowledge in the humanities can ever ignore or disclaim

its authors' involvement as a human subject in his own

circumstances but it must also be true that an American

studying the Orient should not come up against the orient 3

as an American first/ as an individual second. That is why

Edward A. Said, the American scholar studied orientalism as

'a dynamic exchange between individual authors and the large

political concerns shaped by the three great empires - British^

French, Amf ricpn - in whose intellectual and imaginative 4

territory the writing was produced. Thus, the object to study

the orient fran the very beginning was to orientalize the

Europeans through the academic channel who wanted to grisp

the East especially the Muslim World. This becomes more clear

when \m study the Christian missionary that has enjoyed in

the de-Islamizing of Muslims both in lands where they constitute

the majority such as Indonesia and Pakistan and where they

are in minority as in the Philippines due to the political,

military, economic and cultural domination of the west over

the non-western world. The Christian missionaries aim for

nothing but the expansion of Western political, military,

economic and cultural imperialism. They want to westernize

(4)

the Muslim cduntries, their loss of the political, economic

and cultural independence and ulter annihilation of Islam

and the Islamic way of life Srom the world. To prove the

intimate relationship between the Christian missionary

enterprise and Western imperialisms one can quote the

following testimony from one of its leading spokesmen at the

beginning tf this century.

u

The Muslim world has been penetrated by Western trave­

llers to its inner' most recesses. Mecca and Madinah as well

as Kerbela and Meshhed have laid bc>se their secrets. Arabia

is being influenced as never before by the forces of Western

commerce and trade. The twentieth century with rail and

stenmer, is piercing and crossing the last remaining banks

and soon Arabia, that great eddy in the stream of the world's

progress, will find itself being rapidly carried along to the

consummation of God's purpose. Socially the forces at work

are those acting on all the world. We have here only space

to the growing tendency to approve, and without doubt soon

to use, customs of distinctively Christian origin. Monogamy,

equality of the sexes, schools for girls and various so-called

handmaids of Christianity are beginning to be pressed into

the service of Islam. Many of us think that it will result

in a house divided against itself but only time will tell.

(5)

Since these lines were written. Great Britain has occupied

Basra and is about to make the i^phrates - Tigris Valley

another Egypt under some new Lord Cromer ... The introduct­

ion of Western customs, the multiplication of machinery and

other devices of Western civilization, the increase of

educational opportunities and especially the rise and

enormous expansion of the N!uslim press in imitation of its

Western models have utterly changed many old standards and 5

developed new social and intellectual ideals '.

The author is convinced with the opinion that v*iere

European governments are establishing a school system, the

missionary finds therein his vantage ground for familiari­

zing the intelligent and influential section of the people

with the doctrines and ideals of the Christian religion.

The author concludes that, 'If the ejvangelization of Moslem

childhood is part of the pl?n of God - and no thoughtful

Christian man or woman can for a moment doubt - there was

never a time when this task was more urgent and more possible

than it is today'*. The author encourages the missionaries

enthusiastically to come forward because, as in his words,

"today, as never before, there is m?>nifest among Muslims, 6

an interest in Christianity and its teachings".

(6)

This may be more clarified to studying the famous speech

delivered in the British House of Commons by Balfour on 'The

problems with v^ich vje have to deal 4n Egypt' .

On June 13, 1910 Arthur James Balfour made the great

themes - Knowledge and Power - very clear. He associated the

European mind of supremacy with their knowledge of Egypt. He

argued that the West was dominating Egypt not because they were

militarily superior or economically stronger but because of

their "knowledge" - knowledge of Egypt, its history and civil­

ization in all aspects - the origins, the developments and the

declines. He said without any hesitation;

• I take up no attitude of superiority. But I ask who has

even the most superficial knowledge of history, if they will

look in the face the facts with which a British statesman has

^to deal when he is put in a position of supremacy over great

races like the inhabitants of Egypt and countries in the Esst.

We know the civilization of Egypt better than we know the

civilization of any other country. We know it further back; we

know it more intimately; we know more about it. It goes for

beyond the petty span of the history of our race, which is

lost in the prehistoric period at a time when the Egyptian

civilization had already passed its prime. Look at all the

oriental countries. Do not talk about superiority or inferiority'.

(7)

Balfour, here, did not condemn the superiority of British

Empire nor he criticized the occupation of Egypt by the West.

He also did not deny the British superiority and i gyptian

inferiority. He took them for^granted as he described the

consequences of knowledge,

Balfour, in his next part of srgximent discussed the

legetimacy of European occupation of Egypt and edvocated their

continued existence in the East. He said:

•Is it a good thing for these great nations - I admit

their greatness - that this absolute government should be

exercised by us? If think it is a good thing. I think th t

experiences show that they hr<ve got under it far better govern­

ment than in the whole history of the world they ever had before

and which not only is a benefit to them, but is undoubtedly a

benefit to the whole of the civilized west ... We are in Egypt

not merely for the sake of the Egyptians, though we are thefie

for their sake; we are there also for the sake of Europe at 8

large.'

Thus, it is quite clear that westerners planned to occupy 9

the East through the scholars, missionaries and teachers.

(8)

Orientalism, Orientalists: Meaning and Definition:

The history of oriental studies of Islamic history,

culture,general teachings mainly on the Quran and Prophet,

reveals that from the very beginning, there had been confr­

ontations between Islam and Christianity generated by

orlentalistic thinking and spirit. Though the Jews and

Christians share with Muslims a common religious and cultureLl 10

heritage; they are linked together with indissolu?ble ties,

yet their ccxrunon legacy has never been able to prevent the

development of the most hostile feelings of enmity and strife.

The gulf that separates them is so deep that, as circumstances

stand, it appears to be unbridgeable. The Orientalists are

fully aware of the fact that even today when the Muslims have

sunk in to the most abysmal depths of degradation and decr-y,

Islam still remains the most formidable potential rival to

the modern west, boldly challenging all its hedonuistic culture

stands for,

As for as the technical sense of Orientalism is concerned

the movement and its academic activities were started properly

after a long 5>eriod, consequently the words 'Orientalism'

and 'Orientalists' are not of ancient origin. These words

were used as the special technic?(l terms only in the later

(9)

12 period of eighteenth century. The two terms were derived

from the word Orient that means the 'East' v/hen the sun rises,

The word oriental is the objective of the same which is

contrasted with the •Occidental'. It comprises also the nature

who belongs to a division comprising Southern Asia and the

Malay Archlrelago and includes the Philippines Borneo and 13

Jawa* while the word Orientalism indicates the oriental

character or characteristics* an oriental peculiarity, 14

knowledge of oriental langu?ges, literature or culture.

From the same word 'Orientalist* is also derived that means

the Western person who expertise over the oriental languages,

arts, literatures, cultures and civilizations.

The orientalism came forward) in its original shape

clearly when it added the study of Ojran and Prophet as the

oponent sources. This enimity and hatred first was demonst­

rated in the guise of missionary enthusiasm. After a short

time due to some objectives it weared the dress of intellec-15

tuality and academic services. The Orientalism is a

movement, an attitude and discipline. Within the framework

of Orientalism Islam was misrepresented and was declared

out-dated and unadjusting. Attempts to revive and glorify

the ancient languages and cultures were made again in Egypt,

Iraq, North Africa and other regions so that these cultures

(10)

could provide a challenge to Islamic culture and civilization.

The objective of all these studies was nothing but to fulfil

its special mission - to organize and propagate anti-Islamic

activities. The orientalists made mountains out of mole_

hills with a view to serving political or religious ends,

They taxed their energies to point out mistakes and failings,

real or imaginary in the Islamic history^ culture and liter­

ature and presented them in a dramatic manner in order to

highlight only the imaginary dark features. The knowledge

and intelligence pressed them to offer a microscopic examin­

ation of their topics with a view to stretching the truth

for painting a very dismal pictxire of Islam, its laws and

culture with a view to disenchant and despond the Jluslim

young men with Islam and its way of life and in the present

and future of the Islamic world. Consequently they became

the most ardent supporters of "modernization" of Islam and

refoinn of Shariah. The orientalists, in this phase, determined

their objectives first then to prove their propositions,

collected evidence from all sorts of unauthentic works on

different events unrelated to the subject of their study,

Materials from religious tracts, historical and literary

stories, poetry, fictions and anecdotes were collected and

used artfully in order to present novel theories which

do not exist any where save ih their imagination. Very often

(11)

they enumerated the meri ts of a respected luminary of

Islam, held dear by the Muslims imputing some moral f a i l ings 16

to him v^iich can condemn him in the eyes of the readers .

While giving an account of ? c a l l or a personal i ty associated

with i t , they delineated the h i s t o r i c a l , socia l and economic

conditions in such a vay as to give the impression tha t the

c a l l in question and the personal i ty giving i t vere in fac t

the prdducts of the circumstances. Their vnritings gave the

iflnpression t h a t the times in which tha t c a l l was given was

r ipe for a revolution of t ha t kinc^ and the only contr ibut ion

of the g rea t personage was to make a cur ren t assessment of

the then s i t ua t ion and pu l l s t r ings of a drama already set 17

for t h e occasion. The circumstances, not the person, had

made the h i s t o r y .

The Or i en t a l i s t s always worked with the missionary

s p i r i t t o disgrace Islam, of course t h e i r techniques were

changed time t o time. They, coming out of limited c i r c l e of

en thus ias t i c approach, came forward with the weapon of logic ,

knowledge and argximent. They adjusted t he i r technique t o

defame Islam and the Prophet. Later t h e i r an t i - Is lamic

a t t i t u d e was minimized comparatively. Brief ly , the o r i en t -

a l i s t i c a t t i t u d e and technique differed from time to t ime.

Consequently t he i r mode of reasonsing, arguments nnd

(12)

narration vary and standared of their thought and art,

research and academic works differ but the objective of

orientalization never changed.

Three Phases of Orientalism:

The study of orientalism can be devided into three

phases!

First niase (16th Century)

If the movement of orientalism is to be considered as

symbol of antl-Islamic activities of Jews and Christians/

the origin of movement may be traced from the very beginning 18

of Islam. Prom the beginning, the roots of Judaeo -

Christian hostility of Islam were seen in the Quran. The

•People of the Book' were quick not only to deny but to

challenge Mu.jnammad's role as the bearer of a divine message, \ t

and thus beg^n a chain of polemics t h a t continued, parading

under differei.-'t banners, almost to our own t imes . Before

being organized as a movement, the west had been, in the

d i f f e ren t period'.s of h i s to ry , reacted against Islam and

the Prophet. The \enthus las t ic a n t i - I s l a n I c t r a d i t i o n s and

legends have been^, transformed from hea r t to hear t in the

whole h i s to ry of 6^e west. This continued v io l en t ly up to

(13)

the four centuries after the prophecy of Mohammacl (P.B.U. -l.) .

Moreover the continuous failure of west in crusades made the

Europeans scattered and dispersed both in politics and

military power and their defeat provided the motive to harm 19

the Muslims on the front of intellectuality.

To the Christians/ Islam came to symbolize terror,

devastation, the demonic, hordes of hated barbarians. For

Europe, Islam was a lasting trauma. After the Prophet's

death in 632 A.D., the military and l?ter the cultural and

religious hegemony of Islam grew enormously. Persia, Syria

and Egypt then Turkey and North Africa fell to the Muslim

armies. In the eighth and ninth centuries, Spain, Sicily

and parts of Prance were conquered. By the thirteenth and

fourteenth centuries Islam ruled as far east as India,

Indonesia and China. To this extraordinary success of Islam

Europe could respond with very little except fear and a kind

of awe. Even Norman Daniel, who tried to understand Islam

in a more appropriate manner, made Islam similar to Christ­

ianity where the basis of faith is Christ. He gave the name

"Mohammedanism" and the automatic epithet "imposter" i=ipplied

20

to Mohammad (P.B.U.H) . Out of such and many other misconcept­

ions there, fonned a circle vrtnich was never broken by 21

imaginative exteriorisation. In this period, "Islam became

(14)

an imaae whose function was not so much t o represent Islam in 22

i t s e l f as to represent i t for the medieval Chr i s t i an" . Dam«t

wri tes i

"The invariable tendency to neglect what the Quran meant, or what Muslim thought it meant, or vfriat Muslims thought or did in any given circxjmstances, necessarily implies that Quranic and other Islamic doctrine was presented in a form that would convince Christians and more and more eisftravagant forms would stand a chance of acceptance as the distance of the writers and great reluctence that what Muslims said Muslims believed was accepted as what they did believe. There was a Christian picture in vAiich the details (even under the pressure of facts) were abandoned as little as possible nd in which the general outline was never abandoned. There were shades of difference, but only with a common frame work. All the corrections that were made in the interests of an increasing accuracy >«re only a defence of what had newly been realized to be vulnerable, a shoring up of a weakened structure. Christian opinion was an erection which could not be demolished, even to be rebuilt".23

This rigorous Christian picture of Islam was intensified

when John of Segovia, Nicholas of Cusa, Jean Germain and

Aeneas Silvius (Pius II) attempted to convert the Muslims

through a conference to which R.W. southern saw "as an

instrument with a political as well as a strictly religious

function and in words v*iich will strike a chord in modern

breast". The Christians in the Conference wainWto stage the

orient and Europe together to make it clear to Muslims that 24

Islam was just a misguided version of Christianity. The

writers acclaimed that Mohammad was the disseminator of a

(15)

false reveleatlon, epitome of treachery, debauchery, sodomy

and a whole battery of assorted treachries, all of which

25 derived 'logically' from his doctrinal impostures.

26 In this period Guillaume Postel (1510-1581) a French

Orientalist made his key-role contribution with the reference

of dictionary and linguistics. For him the College of France

was established in 1539 A.D. and he was the first Chairman

of Department of Arabic in the same institution. Postel boasted

that he could get across Asia as far as China without needing 27

an interpreter. His work was enhanced with the same reference

of dictionary and linguistics by his qualified disciple

Joseph Scaliger. After a preparatory efforts of forty to

fortyfive years the Arabic publications series were started

in Europe in 1586 A.D. l*his humble beginning goes to a large 28

extent to the credit of Duke of Tuscan i.

During this phase the oriental studies vere found and

established. The period may, therefore, be called the

beginning of -Orientalism, secondly, the movement started

in a mere Christian and missionary background that has 29

affected the whole history of oriental studies.

(16)

Second Phase

Seventh and eighth centuries are of a great importance

with reference of orientalism. During this period the

movement developecf and improved. As for as the 7th century 30

is concerned, it is supposed to be the rising of modern Europe.

Moreover, in these days the Muslim world became gradually occup­

ied by the colonial powers. Under the pattronship of European

Kings and princes, oriental informations were collected.

Erpenius (1584-1624) published the first Arabic grammer that

was arranged with dictionary principles. Later his pupil 31

Jacob Goluis (1596-1667) contributed much in this direction.

In 1638 A.D., Edward Pocoke (1604-1691) was the first English

orientalist who was appointed ss the nead of the Department 32

of Arabic in Oxford University, in 1680 Lorriunuer Franz

Meurnski of Austria contributed much to the editing and

arrangement of Arabic grammer and dictionary. Moreover, an

institute ,was established unc er the guidance of D' Herbelot

to collect informations about Islamic Learning and culture. A

significant work of this institute was that it published pn 33

informative bibliography on oriental knowledge and learnings.

C17)

During this century the origin?! Arabic sources vere traced

out and in the light of these sources oriental studies vere

made. The style and language used, was rather soft and sympat-34

hetic due to original sources and materials. During this

century, Bedwell W. (1561-1632) edited a seven volxime book

on Arabic dictionary and in 1615 A.D. published a book on 35

the life of Mohammad (P.D.U.H.) Vattier P. (1613-1667) was

an expert in Arabic. He translated many Arabic works in French 36

language. Hattinger, J.H. (1620-1667) a Swiss Orientalist

published a bibliography on oriental studies in 1658. Dr.Henry

Stubbe (1631-1676) wrote a balanced book on the life and

death of Mohammad (P.B.U.H.). This may be approved as a moderate

and appropriate, but some historical mistakes in it need

correction. He has made an apology for the foregoing account

of the primitive Christians and has requested the readers to

keep the authors 'out of suspected or spurious writers, or

atleast such as are partial in their own cgse, and ignorant

either for want of learning, or want of books, and other

opportunities of being rightly informed, or blinded in their

judgements, by a pre-judicate opinion so that the credit of

what I have written ought not to be lessened thereby, being

agreable to the history of the acts of the Apostles, and the

(18)

real existence of things, and therefore ought to be worked

upon as a complete refutation of them all; for if what I say

be true, as I am certain it is, the contrary must be false.'

Dr. Stubbe very frankly admits thatx

The original and progress of Mahometanism was one of the greatest transactions the world has ever been acquainted with, v*ierein a new religion was Introduced which hath now maintained itself above a thousand years^ and (to the desolation in a manner of Paganism, Judaism and Christianity) hatX. increased its extent and spread its proselites over more th«n. a fifth part of the known earth, to which Judaism, including all its colonies was never equal, nor perhaps Christianity itself.3°

In 1653 A.D. Alexander Ross published his book

'Pandeblis that was thought written in the frame work of comp­

arative study of religions but its one part contains the matter

on Islam and the Prophet. The same author in his previous

writing 'A Brief Sketch of Life and Death of Mahomet, the

Prophet of Turks and Author of the Al-Coran Accompanying the

Translation of the Koran' is based on medieval traditional 39

mythologies and anti-Islamic poisonous matters. In this

book, he frequently employed sacred epithets such as 'The

Great Arabian Imposter', 'The Little Horn in Daniel',

'Arabian swine', 'Goliath', 'Grand Hypocrite', Great Hypocrite',

•Great Thief, 'Thieving Cacus', 'Mahomet the Great Desloyers

as his name signifies*, He has similar expressions for the

(019)

Quran, and referred to it as, 'A gallimaufry of errors',

•Mis-shapen issue of Mahomet's brain', or 'Corrupted puddle

of Mahonet's invention'. In his 'Religions of the World'

this writer discussed the very important question, 'was

Mahomet that great Anti-Christ spoken of by St. Paul and

St. John*? He compares the traditional description of the

Anti-Christ with the character of the Prophet, but fails to

establish their identity. Wherefore he said that Mahomet

could not be that Anti-Christ. In his further discourse,

hov;ever, he said: 'Yet I can not deny that he was Anti-

Christ, in broaching a doctrine repugnant to Christ's

divinity, and in persecuting Christ in his members. 'Besides',

said he, 'the nximber of the Beast, 666 is found in his 40

name*,

In 1678 A.D. Lancelot Addison published his work

entitled 'The First State of Mohammetanism or An Account of

the Author and Doctrine of the Imposture', In the next year'

the same book was published entitled * The Life and Death of

Mohammad' but its sources were the Italian senseless materials.

An other orientalist Humphrey Prideaux wrote the life of

Prophet and made him approved the 'imposture, li?>r, cunning

and artful'. Moreover his book was studied one century as a 41

standard work of reference,

(20)

Durihg eighteenth century the orientalistic movement

improved gradually. Rationality prevailed and soften and

objectivity could be noticed. The acknowledgement and

admiration began. The Islam and the Prophet were recognised

to some extent. In this ph - - , the oriental studies were

organized on collective and state levels. The institutes of

oriental languages were established. Oriental libraries were 42

founded and Asiatic societies were organized. The terms

orientalism and orientalists v^re, for the first time, used

in this century in 1779 A.D. in England and in 1799 A.D. in 43

France. The most eminent oriental scholars of this century

are as follows:

S. Ockley (1678-1720 A.D.) an English orientalist wrote

the History of Saracens in three voliomes whose first volume

was published in 1708 A.D. A recent historian of orientalism

has opened that Ockley's attitude towards the Muslims 'shocked

painfully' his European audience. For not only did Ockley

make this Islamic pre-eminence clear in his work; he also

'gave Europe its first authentic and substantial task of

the Arab viewpoint touching the wars with Byzantium and

Persia'» However Ockley was careful to dissociate himself

from the infections influence of Islam and unlike his colleague

William Whiston (Newton's successor at Cambridge) he also

(21)

made it clear that Islam was an outrageous heresy. For his

Islamic enthusiasm, on the other hand, v^histon was expelled 44

from Cambridge in 1709 A.D.

Edward Pocock (1648-1727 A.D.) G,. S?le (1677-1736)

J , Ganiel (1870-1940) J . J . Reiske (1716-1774) Edward Gibbon

(1737-1794) and V a l t a i r e (1694-1778) were some o'" t h e d i s t i n ­

guished w r i t e r s on Islam and Muslims. They produced volumous

r e s e a r c h works on Arabs and t h e i r c u l t u r e s . Sale t r a n s l a t e d

t h e Quran in Engl ish in 1734 and wrote 'Mohammad (P.B.U.H.) 45

'The Imposter' and Islam the 'false religion'.' Gibbon in his

writings declared the Prophet 'imposter* and said that he

(P.B.U.H.) in his later days was inclined to sexuality r> 45

selfishness. He in his famous book could not forget the

•militant' Islam dominated or effectively threatened European

Christianity. He wrote:

'In the victorious days of Roman republic it has been the aim of the senate to confine their councils and religions to a single war, and completely to suppress a first enemy before they provoked the hostdl ties of a second. These limited maxims of policy were disdained by the magnanimity or enthus­iasm of the Arabian Caliphs. With the same vigour and success they invaded the successors of Augustus and Artaxerxes and the rival monarchies at the same instant became the prey of an enemy whcsn they had so long been accustomed to despite. In the ten years of the administra­tion of Omar, the Saracens reduced to his obedience thirty-s X thousand cities or castles, destro;^d, four thousand churches or temples of the unbelievers, and edified fourteen moschs Cor the exercise of the religion of

(22)

Mohammad. One hundred years after his flight from Mecca the arms and reign of his successors extended from India to the Atlantic Ocean, over the various and distant provinces ... '

Third Phase

The nineteenth century and the first quarter of the

20th century are of great importance for Muslims and oriental

scholars both. Muslim countries vgere gradually colonized by

Western Povers. They were politically, militarily, culturally

dominated by the west. The victorious march of arms as the

result of a certain technical skill due to the progress in

science and technology in Europe, on the one hand, and the

object decadence and cross ignorance of the Muslim, and other

colonial peoples on the other in Asia and Africa, created in

the west a sense of pride and a feeling of superiority which

had developed in to a psychological complex and which Europe

regarded as some thing permanent and ordained by Providence.

At the greatest hour of his wordly - triumph, the Western

man, coordinating the powers of the state, church and academia,

launched his more determined assault on the citadel of iTuslim

faith. All the aberrant streaks of his arrogant personality -ih

reckless rationalism, its world - domineering phantasy and

its sectarian fanaticism - Joined in an unholy conspiracy to

(23)

dislodge the Muslim Scripture from its firmj-y entrenched

position as the epitome of historic authenticity and moral

unassailability. Naturally from writers who wrote of events

under this influence, Islam could not get a fear deal. Pacts

are misread/ most tortuous meanings put on simple events and

most sinister suggestions made about the great personalities

of Islam. If the writers in the Middle ^ges were blind to

Islam due t6 their ignorance or they tried to excite grossest

feelings against the Prophet, the modern school of writers

due to obvious motives and unconsciously and with usual

inability to treat Islam in a fair manner has also misinter­

preted facts, minimised the mission of the Prophet and

depreciated the value of Islam's contribution to universal

culture, nd all this is done with the so-called 'strict

impartiality' in the 'interest of science'.

A certain public opinion against Islam is formed in

Europe by dubbing it as anti-European. The old shibboleth of

Islam as anti-Christian is now replaced by Islam as anti-

European, though Europe, a part from its geographical

misnomer, has never existed as a united continent and it is

^trange tosay that it has never been wholly Christian inspite

of\ the rule of the Popes for centuries. A whole group of

vnrAters in this phase has played the old game vilifying Islam,

(24)

invoking the name of the new goddess of science and scientific 48

history.

In this period a number of orientalists came forward

and contributed much to Islamic studies. Due to their devo­

tion and abstinence, Arabic and Persian manuscripts were

edited and published. Islamic historical sources, their

indexation, biblographies and chapterisstion were arranged.

Muslims should oblige them that a mimber of unknown and

missing books could be popular and prevalent. During the

same period Society Asiatic of Paris (1822 A.D.), Royal

Asiatic society of Great Bretain and Ireland (1823) American

Oriental Society (1842) and other oriental research institutes

were established. Many journals were published. The Muslim

World fron India, Reaed-el-Islam from Paris in 1895 Mir

Islam from Russia in 1912 A.D., were published to introduce 49

the movement. In 1873, the first Orientalist Congress was

organized in Paris and was concluded in its retrogressive

position when compared with the other sciences, its general

methodological and ideological backwardness and its compar­

ative insularity from developments both in the other human-

ities and in the real world of historical, economic, social 50

and political circumstances.

(25)_

In this phase the movement developed rapidly TT^

covered a long distance svd.ftly in all its departments. Their

attitude and descipline v-vU' became more clear flunct their

activities reflected in a very organized manner. J.J.Sedillot

(1777-1832), A,N. Desvergers (1805-1867), A.Person

(1805-1876), Garcin de Tassy (1794-1887), J. White (1746-1814),

W. Wright (1830-1889), E.H. Palmer (1840-1883), P. de Jong

(1832-1890), M.J. de 'Joeje (1836-1909), H.L. Fleischer

(1801-1888), F. Wustenfeld U808-1899) , N. Beresine UB18-1898),

White Joseph Blanco (1775-1841), Edward Sachau, Salim Nauphel,

Von Kermer, Barbier de Meyn^rd (1827-1908) Rene Basset (l855-

1924), G. Lebon (b. 1841), Goldziher (1850-1921), J.Wellhausen

(1844-1918), Washington Irving (1783-1859) and Eugene Young

(d. 1920) were some of the distinguished scholars who advanced

the movement with their valuable contributions. There was

definite change in their treatment c" and behaviour towards

Islam. However, there was no change in their objectives and

motivations.

Orientalism Now*

In the modern world and more noticeably since world

war I I , the Islam and T"\islims become a popular subject of

study in America. Islam and Muslims received a t t en t ion not

only in academic world, but the pol icy-planners and Busness

(26)

Community, too, could not offened to ignore them. "The

scientific enquiry" aS- gnnith pointed out, "stands ever

ready to modify its hypothesis; and as a matter of fact,

the non-Muslim West has just begun to soften, even to

51 withdraw, its "no". Sir Hamilton Gibb in a recent article

explicity states that, "For mysejf, I unhesitatingly accept

the term "Revelation" (in Arabic tanzil, "sending down" or

'wahy* "inner communication") as the description of Mohammed's

personal experience, although Islam, like the other mono­

theistic religions, is fi=iced with the necessity of reinter­

preting the no longer tenable medieval concepts of 52

r eve Illation". Similarly a Christian theologian Kenneth

Cragg, leading theorists of Protestent missions to Muslims, 53

no longer responds to the Quran by rejecting it theologically.

He has very recently written* "Islam must either baptize 54

change in its spirit or renounce its own relevpnce to life.

It is difficult to discover what exactly this means. It is

Incorrect to say that Islam is too rigid and sanctions no

change. Outside the central doctrine of the faith and the

postulates of a simple theology, Islam has undergone revolu"

tionary change in that very department of system which controls

the life of the individual and community. But, as H.A.R. Gibb,

who is careful to avoid meddling or patronizing^ has rightly

observed that what the Muslims are doing, or will do, with 55

their systems of beliefs and laws belong to Ulama. The

second part of the statement sounds like preaching by an 56

outsider to Muslims on \*iat to do with their religion.

"It seems clear that the next generation of scholars, without

accepting the traditional Muslim answer, witt go beyond the

traditional non-Muslim one", says Smith. He concludes that,

"intellectually the understandings of Christians and

Muslims must coverage, even if morally they choose to

respond differently. Reactions to the universe, the exist­

ential religions response, may presumably continue to be 57

a x>ersonal or group adventure". Prince Leone Caetani

(1869-1935) a great Italian orientalist when published

the first volume of his 'Annali dell' Islam'in 1905, it

took the Western Orientalists by storm, for never a book

so grandiose in its design and so daring and vast in its

scope was conceived, planned and brought out with such

plendid success in modern times. For fiteen years he

prepared and worked silently and sedulously over it

collecting, classifying and analysing the materials at

his disposal. Of Islam as a religion of democracy he says:

"Islam has spread itself in the world remaining in a singular

manner faithful to some of its original principles and

(28)

creating thus a society without aristocracy, a society not

only in theory but also in practice, in which there runs a

spirit of democratic equality of a social and economic

character among all the classes of a single race and even

among the members of diverse races as well, such a social 58

phenomenon was never known in the world before Islam".

J.N.D. Anderson, who lectures on Islamic law in the Univer­

sity of London managed to include in a single article

almost all the medieval objections to Muhammad (P.3.U.H,)

and Islam. What is surprising is that he professes in the

foreword to provide 'factual information* to treat the

subject 'objectively', to be 'scrupulously fair', and to

avoid 'adverse comparison with Christianity'. But soon

after these professions of objectivity he writes, 'there

can be no manner of doubt* that Muhammad absorbed his

ideas from Talmudic and apocryphal sources, and that 'it

seems overwhelmingly probable' that he derived inspiration 59

from Christianity.

In modern times the orientalism has became more

objective, rational and reasonable but since orientalism

is fundamentally a poJ.itical doctrine willed over the

orient because the Orient was veaker than the west, it may

(29)

be c o r r e c t t o say t h a t every European, in What he can say

about the o r i e n t , i s consequent ly a r a c i s t , an i m p e r i a l i s t 50

and almost t o t a l l y e t h n o c e n t r i c . For example Monigomery

Watt , a moderate o r i e n t a l i s t when w r i t e s on Quran and

Sunnah, t r i e d t o c a s t doubt on the t e a c h i n g s of Islam by

c h a l l e n g i n g t h e i r a u t h e n t i c i t y . He hps at tempted t o prove

t h a t , a t l e a s t some p o r t i o n s of t h e CMran and Haditji a re

f a b r i c a t e d or i n c o n s i s t e n t and a r e , t h e r e f o r e , u n r e l i a b l e

sources for t h e I s lamic way of l i f e . He a l l eged t h a t some

' S a i a n i c v e r s e s ' a r e incorpora ted in t h e Quran . Discuss ing

t h e Hadith a l -Gharan iq , b a s e l e s s l y he sugges t s t h a t a t

l e a s t one t ime Muhammad had p u b l i c l y r e c i t e d t h e Sa tan ic

v e r s e s as p a r t of t h e Quran. I t i s u n t h i n k a b l e , he argues

t h a t , t h e s t o r y , i f r e j e c t e d by Muslims, i s f o i s t e d upon

them by non-Muslims, secondly, a t some l a t e r time, Mohammad

announced t h a t t h e s e v e r s e s were not r e a l l y p a r t of the

Quran and should be rep laced by o t h e r s of a v a s t l y d i f f e r e n t 61

impor t . Watt appa ren t ly bases t h e s t o r y on some h i s t o r i c a l

s o u r c e s , v*iich a t f i r s t s i g h t , seem q u i t e weighty b u t on

c r i t i c a l i n v e s t i g a t i o n f a i l t o s a t i s f y t h e c r i t e r i a of

h i s t o r i c a l c r i t i c i s m . Muslim w r i t e r s in the p?»st such as

Ibn Ishaq, Ibn Hisham, a l - S u h a i l y , Ibn Ka th i r , a l -Bayhaq i ,

Qazi lyaz , Ibn-Khuzaima, a l - R a z l , a l~Qur tub i , a l -Ayni ,

a l -Shavkan i , e t c . as well as contemporary and near-contemp­

o r a r y w r i t e r s l i k e Abul AJa r-laududi, 3ayyid Qutb, Mohammad

(30)

Hussaln Haykal etc. have all rejected the story as 62

preposterous and without foundation.

Caetani, in spite of his thorough study of Islam, sees

the Prophet through the influences and tendencies of his

time. He treats him as a clever, natriotic 19th century

statesman, consummate in the art of diplomacy and poli -ical

maneuvering and well-versed in tariff problems, v^o wanted

simply to reform his own people n and did not bother

about mankind. He says that from the time Mohammad migrated

to Madina, mundane and temporal affairs acquired ascendency

over the spiritual and devine elements in the course of a 63

long struggle. This is certainly not at all a true picture

of the man or of his mission.

Conclusion 8

The basis point to realize about orientalist studies

in Islam is that the entire claim to objectivity, academic

method, impartiality and so forth as their distinguishing

features from similar studies that >naslims might engage 64

in, is basically false. "Orientalism responded more to

the culture that produced it then to its putative object,

which was also produced by the west. Thus the history of

(31)

orientalism has both an internal consistency anci a highly

articulated set of relationships to the dominant culture 65

surrounding it".

Moreover, the history of popular anti-Arab and anti-

Islamic prejudice in the West, vJhich is reflected in the

history of oriental ism, vJhile existing the struggle between

the Arabs and Israeli Zionism, there is almost total absence

of impartiality and consequently is not possible either to

identify with or to discuss objectively the Arabs or Islam.

These facts have contributed to make even the simplest

perception of the Arabs or Islan- highly politicized almost 66

raucous matter.

Secondly, there is spreading of interest in to many

directions, too much width and not enough denth. It ha?5

often been thought adequate for a person to have a cctnmond

of Arabic and possibly one other Islamic language for him

to express himself in an academic fashion. Very few, indeed,

are the orientalists v*io can conduct and sustain a discu­

ssion in an Arabic (or Persian or Turkish) intelligible 67

to an educated Muslim. One can say, unfortunately, that

among orientalists there are very few people of such all

embracing genius. There are two basic general considerations

C32)

that should be held in mind while explaining orientalism.

First of all in many cases a refusal to confine oneself

to a specialized field and secondly an absence of adeouate

command of the basic tool of Islamic research, the Arabic 68

language.

(33)

Footnotes and References

1. Said Edward w. Orientalism^ RouJtedge & Kegan Paul Ltd,

London, 1978^ p. 1,

2 . I b i d . , p . 2

3 . I b i d . , p . 11

4 . I b i d . , pp . 14-15

5 . Samuel M. Zvjemer, Childhood in t h e Moslem Worlds Fleming

H. Revel l Co. , New York, 1915 p . 266

6 . I b i d . , p . 267

7. Thornton, A.P. The Imperial India and its Enemies»

A Study of British Power, London, Macmillan and Co.

1959, p. 357.

8. Ibid., p. 360

9. What is the policy of Christian missionaries? How do they

work and what are their methods. Let oncof them speak

for himself.

I beg to lay before you the following proposals with

regard to an organized effort to combat the advance of

Islam in West Africa and in Nigeria especially. As ignorance

is the greatest strong hold of Mohammedanism, so education

is the Church's greatest weapon in meeting it.

«

1. Beginning with literature, efforts should be made

to produce vernaculpr books dealing with the Mohammedan

controversy. There is a large amount of such material

(34)

already published in India and in Egypt. Gradually these

could be translated into the different vernaculars and

thus the vjeapons already forged in warfare against Islam

else where would at once become available in west Africa.

2. In all Christian missionary schools, deffinite

instruction should be given on the errors of Islam and

pupils forearmed, AS Mohammedanism claims to be a larger

revelation and to supersede Christianity, it is imperative

that bhis bold challenge should be met and not passed

over in silence and that every mission pupil should learn

not only the Christian truths, but also their position

with regard to the Islamic attack on those truths,

3. Every effort should be made to encourage the

systematic study of this question by all workers both

clergy and Layman, as too often they are not well-

equipped to meet the current objections to Christianity

put into the minds of their hearers v*no may at any time

become convinced.

4. Evangelistic effort ought to be more used among

Mohammedans. Special meetings outht to be held for

Mohammedans and every means tried to find out what sort

of address or what form of gathering appeals to them.

Preachers will need to be well trained for this work.

(3 5)

5. Special efforts shoulri be maHe to occupy strong

f'ohammedan centres as it is for these plpces that the

Mohammedan influence on the pagan districts is exercised.

6. An itinerant order of native preachers should

go about^ much the same way so Moh rnmedan malams travels

from village to village®, as a great means for extending

the Kingdom. The men would need to be specially trained,

and would then be given as free a hand as possible,

travelling in a certain district and stayinq in the

villages for a week or a month and endeavouring to get

some place or building set apart for Christian worshi' .

The ordinary visit of the missionary too soon is -forgotten

while the itinerant missionary, free to st?=(y in th* pL^ce

for a month if need be, would be able to reap some of

the fruit and leave a permanent instead of a transient

impression. We should aim at placing « well-educated

native ter- cher, catechist or minister wherever there is

a Mohammedan village,

7. An attempt to plant colleges of trained Christian

scholars in Mohammedanism in all great centres of popul­

ation.

8. A series of books, the work of trained theologians

and experts from the Mohammedan field, containing the best

(36)

and soundest answers t o a l l the usual Mohamrrec'on objectixjns

and free from a l l unsound and defective argxupents. These

could be t r ans la ted ad l i b .

9. An appeal to men a t home, the very bes t our u n i v e r s i t i e s

have to give, to r'evote themselves to t h i s work and to offer

themselves where the b a t t l e i s Keenest and the c a l l most

urgent . (Gairdner, WH.T., The Reproach of Islam, The Foreign

Mission Committee of the'Church of Scotland, Edinburgh, 1909

pp. 284-288).

Thif i s a su i tab le pT^ce t o evaluate W.C. Smith's

l y r i c a l review of G. Cragg's 'Ci ty of Wrong' (A Friday in

Jerusalem) published in 'The Muslim World, (April 1961).

The book i s , of course, a t r ans l a t i on of the Arabic

Philosophical novel by Muharrrnad Kamil Hussain, Qaryatun

Zalimeh. The reviewer, even more than the t r a n s l a t o r , estagg-

e ra t e s the intensions of the novel as a 'major move' by a

notable Muslim towards the Chris t ian view of Good Friday,

H.A.R. Gibb, more soberly, perceived tha t theology was

' i r r e l e v a n t to the purpose' of the novel, t ha t i t upholds

a l l the e s sen t i a l Islamic pos i t ions , and tha t more over i t

omits a l l reference t o the Chris t ian symbolism associated

with the s to ry . See Religion in Life XXIX (1959-60), pp. 158-«9.

Equally judicious i s Albert Hourani's review, which finds

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t h a t the novel gave ' t he orthodox Muslim answer' to the two

fundamental questions J whether Jesus was the son of Goc*, and

whether he was ac tua l ly c ruc i f i ed . See Front ier , i l (Summer

1960), p . 129.

Most of the Muslim wri ters and researchers hpve the same

t rend . They s t a r t to write with due emphasizes on the

conf l i c t of Islam and Chr i s t i an i ty or Islam and Judaism from

the very beginning. See for example:

Zakaria Hashim Zakaria, al-Mustashricfun wa al-Is lam, Lujna

a l -Tar i f b i l Islam, Jumhuriya Arabia Muttaheda 1965..

Sabrah, Dr. Afaf, al-Mustashrigun wa Mushkilat al Hadharah

Dar al-NUhdhah al-Arabiyah, Cairo 1980.

A contemporary Muslim scholar Dr. Sayyid Habibul Haq

Nadvi has elaborated the issue describing t h a t , 'The h i s to ry

or Or i en t a l i s t s i s nothing but the mere in t e rp re t a t ion of the

verse of Qiran x

'And the Jews wil l not be pleased with thee nor wi l l the Chris t ians t i l l thou follow?creed. say,

the guidance of Allah i s the Guidance' (fr-lSO) .

Moreover, the whole Muslim h i s to ry of fourteen centur ies

has been the re f l ec t ion of t h i s devine verse , whether i t was

the p o l i t i c a l f ie ld or the f ie lds of knowledge, research of

academy, ant i - Is lamic a t t i t ude was the main pa r t of the

O r i e n t a l i s t ' s pol icy. See for d e t a i l s :

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Islam and Or i en t a l i s t s (Urdu), Monthly Maarif Azamqarh,

May-Jtily 1983, pp. 329-332.

Qureshi Prof. Zafar M i , Prophet Muhammad and tMis

Western C r i t i c s , Monthly Islamic L i t e ra tu re , March 1968 -

October 1968, Vol. XIV, specia l ly see the ^p r i l issue 1968,

p . 17.

12. The Oxford English Dictionary, Oxford 1933, Vol. VII p . 200.

13. The Encyclopaedia of Religion and Ethics 'has mado the

word synonimous with the 'syncret ism' t ha t indica tes the

c l ea r background of r e l ig ious and ph losophical implicptions

of t he word.

14. New Webster's Dictionary of the English Lftiguages, Chicago

1975, p . 1046.

15. For example to search in the weak aspects of Muslim?, t o

provide the appropriate logic and evidence to subotaze Islam

and Muslim h i s to ry , to imprint the 'Chris t ian pu r i ty ' on

the Muslim world and to extend and improve the Chris t ian

missionary a c t i v i t i e s they worked See for de ta i l*

Sabrah, Dr. Afaf ?1 Mustashricrun wa Mushkilat a l Hadharah

Dar al Nuhdhah al Arabiyah. Cairo 1980, pp. 33-34.

16. see for d e t a i l ! Anwar a l -Jundi , Al-Fikr al-Arbi al-Mu'asir

f i Marikah al-Taghrib wa al-Tabiat a l - thaqafiyah, Al-Risalah

Publications^ Cairo, pp. 133-137.

17. see for d e t a i l : Abul HaSan Ali, Maulana, Islamic studies;t

O r i e n t a l i s t s and Muslim Scholars. Academy of Islamic Research

and Publ icat ions , Lucknow, 1983, pp. 7-20.

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18, Loofty Leveniai, the Orientalist h?s written that all the

relations in the past between Christians and Muslims, "were

totally of enimity and hostile, see for reference: Qureshi,

Prof. Zafar All, Military and Political Clash between

Christondotn and the world of Islam, Islamic Literature, ed.

M. Ashraf, Lahore Vol. XIV No. 4 (April 1986),p. 18.

If the statement of some writers is assumed to be

correct, the first clash between the two was occurred when

the Christian army invaded Makkah under the leadership of

Abraha who was murdered on the spot. Soon after two months

of this event the Prophet (P.B.U.H.) was born. Seet Thomas

Right, Early Christianity in Arabia, London, 1855, p. 152.

A modern writer, praising Abraha, writes that tie

invasion was failed, probably a pestilence destroyed the

bulk of the Abyssinian forces and saved the city. Abraha ' id

not long survive this setback; the natives of the Yemen

rose in revolt and soug ht aid from Persia. The writer concludes

the discussion, "Had Abraha taken Mecca, the whole peninsula

would have been thrown open to christian and Byzantine -r-^

penetration; the Cross would have been raised on the Kaba

and Mohammad might have died a priest or monk". Saunders,

J.J. Routledge and Kegan Paul, London, 1965, p. 14.

19, Al-Aqiqi Naleeb, al-Mustashriqun, Dar al-Ma'arif, Egypt,

Ilird edition 1964, Vol. I, pp. 60-65.

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20. Daniel, Norman, Islam and the West; The Making of an Impge,

Edinburg, University Press 1^60, p, 33. See also: James

Kritzeck, Peter the Venerable and islam, Princiton, N.J.,

Princiton University Press, 1964.

21. Daniel, Islam and the West^ op.cit./ p. 252.

22. Said, E.W., Orientalism, op.cit. p. 60.

23. Daniel, Islam and the West/ op.cit. pp. 259-60.

24. Southern has brilliantly shown that in this period Christian

thinkers were anxious to do some thing about Islam. He

concludes the discussion*

"Most conspicuous to us in the inability of any of these

systems of thought (European Christian) to provide a fully

satisfying explanation of the phenomenon they had set out

to explain (Islam) - still less to influence the course of

practical events in a decisive way. At a practical level,

events never turned out either so well or so ill as the most

intelligent observers predicted, and it is perhaps worth

noticing that they never turned out better than when the

best judges cohfidently expected a happy ending. Was there

any progress (in Christi?ri Knowledge of Islam) ? I must

express my conviction that there was. Even if the solution

of the problem remained obstinately hi< den from sight, the

statement of the problem became more complex, more rational

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and more r e l a t e d t o exp»erience . . . . The s c h o l - r s who labored

a t t he problem of Islam in the Middle Ages f a i l e d to f ind

the s o l u t i o n they sought and d e s i r e d ; b u t they developed

h a b i t s of mind and povgers of comprehension which, in o the r

men and in o the r f i e l d s , may y e t deserve s u c c e s s " .

southern , R.W. Western Views of Islam in the Middle Ages,

Cambridge, Mass? Harvard U n i v e r s i t y P r e s s , 1962, p p . 91-02,

108-09.

25 . Danie l , Islam and -hhe Wps-h o p . c i t . pp . 246-96.

26. Al-Munjid, Ca tho l i c P u b l i c a t i o n , B e i r u t , 1927, p . 89 .

Al-Aqiqi , a l Mustashriqun, Vol . I , o p . c i t . p . 160.

27. Said, E.W. Or i en t a l i sm, o p . c i t . , p . 5 1 .

28. Rodinson Mnxime, legacy of Islam^ o p . c i t . , p . 35.

29. Nadvi, Sayyid Habibul Hague, Islam Aur Mustashregin , Monthly

Maarif (Urdu) Azamgarh, May 1983, p . 346 M?ulana Abdul

Quddus Hashmi has given a l i s t of those C h r i s t i a n p r i e s t s

who were t r a i n e d for a long time by monks. See for d e t a i n

Mustashr iq in Aur T a h q i q a t - e - I s l s m i (Urdu) Maktaba M i l l i ,

1969, pp . 27-28.

30 . S h i b l i NoRiani, Seeratun Nr»bi, Vol . I , D^rul Musannefin

Azamgarh, 1971, p . 88 .

3 1 . Rodhinson, o p . c i t . , p . 36 .

32 . Webster ' s B iograph ica l D ic t i ona ry , p . 1194.

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3 3 . Hamm?^deh, Mohammad Maher, MohaniF:ad-The Prophet t » s e l e c t e d

Bib l iography , The U n i v e r s i t y of Machigan, Ph.D. 1965,

l i b . s c . p . 7 5 . (Unpublished Fhotost?>te copy) .

34 . s h i b l i , o p . c i t . p . 89, Hammadeh o p . c i t . p . 44.

35 . Al-Aqiqi , Vol . I I , o p . c i t . , p . 464.

36 . I b i d . , v o l . I , p . 172.

37. Stubbe Henry, An Account of Rise and Progress of Mahome­

tan ism with the Life of Mrhomet. Oriental, Lahore, 1954,

pp. 52-53.

38. Ibid., p. 1.

39. Hammadeh, op.cit., p. 48.

40. Ross, A. A Viev; of a l l Re l ig ions in the Wrold, 3rd e d i t i o n

1958, pp . 162-79.

4 1 . Hammadeh, o p . c i t . , p . 49.

42 . S h i b l i , o p . c i t . . Vol . I , p . 90.

4 3 . Rodhinson, o p . c i t . , p . 47.

44. Said, E.W. Or i en t a l i sm , o p . c i t . , p p . 7 5 - 7 6 .

45 . Nadvl, Prof . Sayyid Habibul Hague, o p ^ c i t . , r>, 350.

46 . I b i d . , p . 351 . For f u r t h e r d e t a i l s e e : Hammadeh, o p . c i t . ,

pp . 55-56.

4 7 . Gibbon Edward, The Hi s to ry of the Decl ine and Fa l l of i-h^

Roman Etnplre, L i t t l e Brown and Co. Boston 1855, Vol . VI,

p . 289.

48 . Reyazul Hasan, Hamdard I s l amicus , Karachi , Vol . V, Mo. 1

p p . 59-60.

49 . Urdu Encyclopaedia of Is lam, Vol. XII I p p . 112-113.

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50. In the same Congress i t was evic^ent to the scholars t h a t

the Oriental I s lamis ts were in i n t e l l e c t u a l a r r e a r s .

Writing a survey of a l l the congresses t ha t had been held

between 1873 and 1897, the English scholar R• • Gust

had t h i s t o say fibout the Semitic-Islamic subfield :

Such meetings (as those held in the ancient Semitic f i e l d ) ,

indeed, advance o r ien ta l learning. The same can not be said

with regard to the modern-Semi t i c Section; i t was crowded,

but the subjects discussed were of the smallest l i t e r a r y

i n t e r e s t , such as would occupy the minds of the d i l e t t a n t i

scholars of t h e old school, not the g rea t c l a s s of ' i n d i c a t o r s '

of the hineteenth century . I am forced t o go back to Pliny

to find a word. There was an absence from t h i s section both

of the modern phi lo logica l and archeological s p i r i t , pnd

the report reads more l ike tha t of a congress of University

tu to r s of t he l a s t century met to discuss the reading of a

passage in a Greek plsy, or the accentuation of a % novel,

before the dawn of comparative philology had swept avray

the cobwebs of the s c h o l i a s t s . Was i t worth while to

discuss whether Mahomet could hold a pen or write? (Quoted

from Said, E.W. Orientalism, o p . c i t . , . p p . 261-62.)

51 . Smith, WrC. On Understanding Islan ~ Selected Studie^. Mauton

Puhlis'hers, Hague 1981, p . 296.

52. Gibb, H.A.R. Pre-Islamic Monotheism in Arattia, Harvard Theolog­

i ca l Review, 55, 1962, p . 269.

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53. see for instance, his The Call of the Minaret, New York.

Oxford University Press, 1956, and 3pndals at the t^osque,

London, S.C.M. and New York, Oxford University Press 1959.

54. The Call of Minaret, op.(fit. p. 17.

55. Gibb, H.A.R.,Modern Trends in Islam^Chicago, 1947, p. 1122, cf.

129. The equally misleading expression 'reform of the religion

of Islam is used by Adams, C.C., Islam and Modernism in Egypt,

Oxford 1933, pp. 2, 187.

56. Tibawi, A.L., English speaking > Orientalists* h Critique

of their Approach to the Study of Islam and Arab Nationalism,

in The Islamic Quarterly, London, 1964, Vol. VIII, Mo.1-2,

pp. 44-45.

57. anith. On Understanding Islam, op.cit, p. 299.

5g^ Quoted fromr Reyazul Hasan, Prince Leone Caetani - A Great

Italian Orientalist, Hawdard Islamicus, Vol. V, X'oi 1, pp. 60-61.

59. Anderson, J.N.D. (ed), The World's Religions, London 1950, Only

the article on Islam (pp. 52-98) is by the editor. The quot­

ations in the text above appear on pp. 7-8, 54, 58, 59, 60, 82,

85, 92, 93, 97-98.

60. Said, E.W., Orient^? ism, op.cit., p. 204,

61. Watt, Mohamrriad at Mecca, Oxford University Press, 1960, p. 103.

He devotes more than eight pages on the topic, A summary of

this idea appears also in his publication of 1968 'Whpt is

Islam' ?

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62. WDUI hia Maududi in h i s Urdu ouranic exegesis , Tafhim a l -

Quran Lahore 1972, Vol. I l l pp. 238-45, and S i ra t Sarwar-i-

Alam, Lahore 197<i, Vol. I I , pp. 572-78, c r i t i c a l l y examines

a l l -be aspects of the s tory and evaluates the wri t ings of

ear ly Muslim scholars on the subject qui te thoroughly. See

a lso among others ; Sayyid Qutb, Fi Zi la l al Quran,Beirut,

1974, Vol. IV, pp. 2431-33, M.H. Haykal, The Life of

I'lubammad, t rans la ted in to English by Ismail a l -Faruqi ,

North American Trust Publication 1976, pp. 105-14, and

Zakaria Bashier, The Heccan Crucible, London ;tV' 1978, pp.l80-&6.

Al-Tabari, Ibn Sa'd and some other Muslim wr i t e r s have

mentioned (though they very considerably in matters of de ta i l )

t h a t the Prophet Moharrmad under Satanic Inspi ra t ion added two

verses to the sura al-Najm which are as follows J

(These are the high-soaring ones ( d e i t i e s ) , whose in tercess ion

i s to be hoped fori)

The Prophet, i t i s a l leged, rec i ted these along with other

verses of al-Najm in the prayer . The ido la t e r s of Mecca who

were present in the Kaba a t tha t time joined him in the prayer

because he praised t h e i r d e i t i e s and thus 'WOB t h e i r h e a r t s .

The s tory afterwards reached Abyssinia where the Muslims

presecuted by the Meccan in f ide l s had e a r l i e r migrated and

many of them returned t o Mecca under the impression that the

(46)

disbelievers no longer opposed the Prophet and the Islamic

Movement. The story also says that the angel Gabriel came

to the Prophet the same evening and told him about the

mistake he had committed by reciting verses which were

never revealed to him. This naturally made the Prophet

worried and apprehensive. Then 'admonishing' the Prophet,

God revealed the following verses of Sura Bani Israil

(XVII) which read:

"•They were constantly trying to tempt you away from

that which wer have revealed to you, so that you may subst­

itute in its place something of your own, in which case they

would have actively taken you as a friend. And if we had not

made you firm, you might have indeed inclined to them a little.

Then we would have made you taste a double punishment in this

life and a double punishment after death and then you would

not have found any helper against us" (XVII: 73-75).

This made the Prophet feel guilty and he felt much

mortified until God revealed the following consoling verse

at Sura al-Hajj:

"Whenever we sent a Messenger ss a Prophet before you

and he framed a desire, Satan put obstacles in it. Then

Allah removes the obstacles plr>ce(? by Satan and He firmly

establishes His signs". (XXII: 52).

(47)

This is the gist of the story mentioned by al-Tabari

and some other writers which has b' en used by the orientalists

to reinforce their views on the Quran.

68. Reyazul Hasan, Prince Leone Caetani, op.cit., p. 61.

69. Dr. A.L. Tibawi, the famous writer of the treatise entitled

"English-Speaking Orientalists" has concluded that "when the

early polenicists indulged in abuse and misrepresentation of

Islam their aim was simply destructive. With the introduction

of missionary aims, however a measure of objectivity was

necessary. The method of approach became a mixture of abuse

and demonstration of the 'defects' of Islam, but on the basis

of mare solid facts for the r urpose of comparison with

Christianity. The first method has now been practically

abandoned; the second has either been weakened or dressed

in new garments. One of its wild maifestations is the

suggestion that Islam must be reformed'.

The Islamic Quarterly, London, 1964, Vol. VIII, No. 1-2, p.41.

65. Said, E.A.,Orientalism, op.cit., p. 22.

66. Ibid., p, 26.

67. Tibawi, A.L., English Speaking O r i e n t a l i s t s : A Cri t ique of t h e i r

Approach to Islam and Arab Nationalism, in The Islamic Quarterly,

London, Vol. VIII , No. 1*12, p . 43.

68. Hamid Alghar, The Problems of O r i e n t a l i s t s , a l - I t t i h a d , vol.VII

pp. 14-15,

CHAPTER SECOND

T H E E V O L U T I O N O F P R O P H E T ' 'B

P O L I T Y : T H E O R E T I C A L A N D F A C T U A L

D I S C U S S I O N S

Muhammsd (PBUH) as a Rasul or Statesman ?

In the case of I^hainmad (PBUH), the o r i e n t a l i s t s v^ose

ve r s a l i t y of knowlecJge, e rudi t ion , discerninq ins ight ?nd sharp

i n t e l l e c t are beyond doubt and commended by a l l , are not t o t a l l y

unljiased and the concepts and ideas inher i ted by them from sane

of the ea r ly scholars are re fe lec ted , though not so pronounced

and ea s i l y detectable in t he i r wr i t ings . I t seems i t i s beyond

t h e i r comprehension to see in Muhammad a divinely inspired

Prophet ordained to give mankind a message of hope and happiness

in a l l walks of human l i f e . And therefore , to them Muhammad

was a statesman, a mi l i t a ry s t r a t e g i s t and a p a t r i o t in terms

of the contemporary west.

In one of h i s bes t a r t i c l e s , 'An In te rpre ta t ion of Islamic with

History' H.A.R« Gibb wri tes/convict ion tha t "Since inescapable

economic forces made any permanent s t a b i l i z a t i o n of inner-Arabian

condit ions with the implication tha t the forces of Islam would

be used up in an interminable and s t e r i l e s t ruggle with the

tribesmen - was an inadequate solution for the problem se t by

them. I t was necessary to find the terms on which o^ tribesmen

as a whole could be swung, if not upto the f i r s t level of

ass imi la t ion , a t l eas t on the level of identifying Islam with

t h e i r own i n t e r e s t s . Hence, the tri?»l expeditions de l ibe ra t e ly

organized by Abu Bakr af ter Muahmmad's death, when groups of

(49)

tribesmen were despatched under Mecc?*n Ccmmanders towards 1

the frontiers of Syria'. According to him "the first success"

in this strategy encouraged the Areb rulers at Madinah, who

successfully planned a series of wars and conquests in Syria

and Persia, and later in Egypt, "followed by the rapid 2

stablishment of orqai ized central control".

Gibb in his ahother book has written on the subject

almost in the same str iin, though in a different and more

cautious phraseology. He observed: "whether deliberately quid ed

by Muhammad in this direction or under the unconscious play

of forces which swept him along in their current, the Islamic

movement becan© to an increasing degree, a focus of Arab feeling

... Muhammad seems to have been aware of this tendency. It may

have partially contributed to (and been confinned by) his

measures against the Jewish tribes. And whether or not the

story be true that in 628 he sent summons to the Roman Emperor,

the Persian King of Kings, and other ruling princes, he was

certainly contemplating some action against Byzantine power

in the worth before his death in 632. The almost immediate

launching of the first expeditions towards Syria by his 3

successor Abu Bakr can hardly be explained otherwise".

Further, in one of the earlier passages in the book he

had remarked: "At Madina he (Muhammad) sat astride Mecca's vital

trade route to the north. All his expedition? against the

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Bedouin tribes seem to be p^rt of P master plan, elaborated

with great skill and insight,, to take advantage of this 4

position and blockade Mecca into surrendering".

The Italian orientalist Prince Leone Caetani, under

the impact of the general materialistic and rational tendency

of his times and his deep interest in economics, geography

and geology, has accounted for -ihe rise and srrf>ad of Islam

as the inevitable result of economic and geographical factors

behind them. Besides these he also mentioned other factors

e.g. "the power of resistence of the Arabs, the sensuality

and the avidity of the Ledouln who, according to him, is the

least religious and who loves plunder and depredation; the

failure in general of the preaching of Muhammad who could

influence only a small minority with a true religious sense,

the gradual 'degeneration' of Islam into a politico] movement

after the migration of the Prophet to Medina anr" the contemD-

orary decadence and deterioration of the empire« of Persia

and Byzantium. All these led to the successful campaigns of

Islam, a large part of the followers of which consisted of the out

Bedouins who were pure and simple plunderer?*/- for the love of

booty and adventure and for the enjoyibent of unbridled license.

In this movement we should not search for any religious

impulse no more no less than what we can search for any religious

element in the invasion of the German hordes that crossed the

frontiers of the Roman Empire or that of the Tartars who

(51)

flooded Asia in the 12th century. The Arabs carried on their

conquests ohly with material means and with moral virtues

in born in their nature and to which Islam had nothing to add. 5

Islam was just a temporary phase".

This approach to interpret Islamic history is purely

materialistic and economic. In this one would not find any

reference to the historic role of the impact of the reformative

revolutionary teachings of Islam on the minds of any section

of the Arab tribesmen. It simply purports to make one believe,

of course, in a round about way, that the moral and spiritual

precepts of Islam could not attract the tribesmen of Arabia

to embrace that religion; in fact, Islam served their material

and, to some extent, their spiritual interests. Conseqently

they started identifying themselves with Islam. The Oriental­

ists first formulated a notion and then interpreted the

Islamic conquests in Syria, Persia and Egypt to justify it.

They do not care to refer to the threatening postures of the

Byzantine power against the Muslim Arabs since the time when 6

the Prophet Muhammad was still alive.

It is true that economy and geography influence the

people but their influences are so imperceptibly slow that

these Just serve as the background and not as the active,

speedy and prepondering influence of revolution. It is only

the reflection of Marxian ideology where the economic condi-7

tions of man determine his philosophy and idea.

(52)

In fact there are two imped i/«Bn*s tha t hamper the proper

understanding of the evolution of the Islamic State and i t s

development. The f i r s t i s the f a i lu re to properly analysing

the p o l i t i c a l and social implicptions of Islam as a co l l ec t ive

system of ideas, and the second i s an assumption tha t the

Islamic s t a t e was e s sen t i a l l y a continuation of Pre-Islamic 8

Arab p o l i t y .

The west feel qui te strange to include r e l ig ions miong

p o l i t i c a l forces , because they h?ve been pccustomec' to think

of r e l ig ion as concerned only with personal p i e t y . They are

misled, however, by the divorce of r e l ig ion and p o l i t i c s in

the West since the European wars of r e l ig ion in the s ixteenth

and seventeenth cen tu r i e s . Throughout the vast ranges of world

h i s to ry , i t has been normal for r e l i g ion t o be c lose ly linked

with p o l i t i c s . Vlhen p o l i t i c s . Watt sayst becovnas ser ious and

i t i s a question of men being ready to die for the cause they

support, there has to be some deep dr iving force in these l i v e s .

Usually t h i s force can be supplier^ only by a r e l i g ion , or by an 9

ideology tha t i s acqfiiring some of the functions of the r e l i g i o n .

Islam, a pa r t from other r e l i g i o n s , does not divide l i f e in to

water- t ight compartments of matter and s p i r i t . I t s tands, not

for l i f e - d e n i a l , but for l i f e - fu l f i lmen t . I t does not admit any

separation between mater ial and mora], mundane and s p i r i t u a l and

l i f e / en jo ins man to devote a l l h i s energies to the reconstruct ion

(53)

Of life on heslthy moral foundations. Christianity erred

on one extreme; modern western civilization, in both of its

variants of secular capitalistic democracy and Marxist Social­

ism, has erred on the other. According to Lord Snell: "We

have built a nobly - proportioned outer structure; but we

have neglected the essential requirement of an inner order;

we have carefully designed, decorated and made clean the

outside of the cup; but the inside was full of extortion and

excess; we used our increased knowledge and power to administer 10

to the comforts of the body, but we left the spirit impoverished".

Islam is not a religion in the common distorted

meaning of the word, confining its- scope to the private life

of man. It is a complete way of life, catering for all the

fields of human existence. Islam provides guidance for all

aspects of life - Individual and social, material and moral,

economic and political, nation^ and international. The Quran

enjoins man to enter the fold of Islam without any reservation 11

and to follow God'sj?) Guidance in all fields of life. The

western scholars have ignored these facts while discussing

and analysing the Prophet's politics.

Some scholars assert that Muhammad (PBUH) was the holy

Prophet in Meccan life of course but after he migrated to

Medina he turned into a politician and his prophetic role

(54)

became subsidiary . If he had died j u s t before emigration, the

world would have acclaimed him as a rea l Prophet v/ho preached

h i s r e l i g ion peacefully and suffered persecution without taking

up the sword. In Medina he fought b a t t l e s against h i s enemies, 12

became a warrior and indulged in the black pr t of p o l i t i c s .

This i s wild speculation not supported by f a c t s . History

and Seerah l i t e r a t u r e t e l l s t h a t far from becoming less s p i r i ­

tua l at Medina, the Prophet of Islam touched new s p i r i t u a l

heights , while engaged in f igh t ing and p o l i t i c s .

Hazrat ivisha, when asked about the voluntary prayers

of the holy Prophet in Medina, sa id : ' a t night he |>rayed for 13

a long time standing and for a long time s i t t i n g ' .

Abu Kiarr r epor t s that God's messenger kept awake during

the night t i l lmorning r e c i t i n g one verse vfliich was, i f thou

punishest them, they are thy servants and if Ihou forgivest them, 14

Ihou a r t the Mighty, The Wise.

I t was in Madina tha t the Prophet got up pt night for

prayers t o such an extent tha t h i s feet became swollen: On

being asked why he did t h i s when h i s former and l a t t e r s ins

had beeh forgiven, he rep l ied , 'should i not be grateful 15

s e r v a n t ' .

In Madina, where the Prophet attained the great power

and property, lived and died in extreme poverty. Sahl bin Sa'd

said that the Prophet never saw white bread from the time God

(55)

commissioned him t i l l God took him. He also said tha t the

Prophet did not see the sieve t i l l he breathed h i s l a s t . He

vras asked how he could ea t unsif ted barely and repl ied t h a t

they ground i t and blew i t , and when some of i t had flown away, 16

they moistened and ate what was l e f t .

How hard end abstemious was the l i f e of the Prophet a t

Medina i s a t t e s ted by a t r a d i t i o n reported by Aisha which says

t h a t sometimes a month would come in which they did not kindle

a f i r e , having only dates and water, unless a l i t t l e meat was 17

brought.

She also said that N?uhammad's family did not have a full

meal of v ieaten bread on two successive days but would have

dates on one of them, she further said that upto the death of «

the Prophet they did not have a full meal of dates and water.

Similarly, An NUman bin Bashir reports, "I have seen your 18

Prophet unable to get enough poor dates to fill his belly.

It was the life of the holy Prophet at Medina where he his

had all resources of Arabia-at / command. As regard his material

possessions at Medina, a tradition by Aisha says that the Prophet

did not leave a dinar or dirham or a sheep or a camel and did

not make a will about any thing. Amr bin al-Harith, the brother

of Juwairiyah, says that when the Prophet died, he did not leave

a dinar or dirham, a slave or a slave woman, or any thing but

(56)

his white she-mule, his weapons ?nd some Isnd which he left 19

as sadaqah (alms). Therefore, i t seemsin^porrect to say tha t h i s .Prophetic-'c ro le became subsicli?ry to h i s statesmanship.

Const i tu t ion of Medina i

Muhammad (P.B.U.H.) in the f i r s t year of h i s migration

t o Medinah, had a deed draw up in which there was. a de ta i led

discussion of the prerogatives and obl igat ions of the ru le r

and the ruled as well as of other immediate requirements. This

document contains f if ty-two sect ions• To Muslim Scholars, the^te

i s no instance of the cons t i tu t ion of a country, as d i s t i n c t

from ordinary laws, reduced t o wri t ing, before the time of the 20

Holy Prophet. This bound the whole popylace of Medinah,

whether Muslims or non-Muslims, in to a r o l i t i c a ] and soc ia l

organizat ion. This brought with i t a very revolut ionary change

and improvement by providing the people with a cen t ra l public

i n s t i t u t i o n for seeking j u s t i c e , in t h i s cons t i t u t ion . Holy

Prophet secured the highest j u d i c i a l , l e g i s l a t i v e and executive

powers for himself, but a very important and remarkable diff­

erences between h i s author i ty and the autocra t ic royal

au tho r i t i e s of other countr ies was t ha t materialism had no

p a r t to play here . The perusal of the whole document reveals

t ha t a confederation of the Muslims and non-Muslims was

es tabl ished for p o l i t i c a l reasons. The Jews were given in te rna l

(57)

autonomy bu t no share in making and implementing the f o r e i g n

p o l i c y of the I s lamic s t a t e . They could no t decl^ire or wage

war independent ly , nor could they j o in c i t y - m i l i t i a wi thou t

the permiss ion of the Prophet who was a l s o t h e i r supreme c o u r t

of appea1 •

The C o n s t i t u t i o n a s s e r t s t h a t " t h i s i s a w r i t i n g of

Mohammad, the Prophet , between the b e l i e v e r s and Muslims of

Quraysh and Ya th r ib and those who fol low them and are thus 21

a t t ached t o them and who wage holy wart with themS The people

r e f e r r e d t o in t h i s docvunent i . e . the Muhajirs ( the migrants )

and the Ansar ( the h e l p e r s ) , were dec la red a u n i t e d 'Tlmir ahi' 22

d i s t i n c t from the r e s t of t h e mankind. I t was a community

of Al lah in i*iich t h e r i g h t t o r u l e belonged t o Allah and,

in His name, t o Muhammad, His Prophet . The Muslims were, as

i s ev iden t from a r t i c l e s 1, 15 and 25, the only members of t h i s 23

'Ummah* for i t was based on the bonds of I s lam.

The concept of Ummah, used i r the C o n s t i t u t i o n has been

e l a b o r a t e d by the wes tern Scholars in such a way t h a t confuses

t h e s p i r i t and dimension of Islam in g e n e r a l and of i t s e l f in

p e r t i c u l a r . O r i e n t a l i s t s , knowing the r e l i g i o u s importance of

t h e word, expla ined t h e t e rm in a manner t h a t c r e a t e d m i s ­

u n d e r s t a n d i n g s . Vtellhausen, though agrees t h a t ' t h e Ummah i s

not the name for the old Arab bond of r e l a t i o n s h i p ; i t merely 24 t h a t

s i g n i f i e s 'community ' , b ^ t he f u r t h e r d e c l a r e s / t h e "Jews are

usaq seq .qeuiuia, uus:^ au:). uof:).a:;ouuoo auies aq:). ui oe

aqq. 50 uoT:i.efounuaaf jo ao A<{isxej go joojcd ^Tofx^xs sf saaq^

uaqc^ 3Aes 'qeuiuin 50 pxog sq':^ 30 :^no urpq sAfaap ao asASfx^q

-uou se UBLu e qons aounouap o:). ^^-qfija e S9q auo ON •„a6ysssui

Sfq pue jafiuassaui aq:^ :i.daooe oqA«v asoqq. Aq pauijoj A:^-FU^I'1"IOO

aq;),,, 's:^sa6bns :i.:).yM sy '..sf :n „ 'sqeans ueufpaw sq:>- ux 83

saoii::}. uaa:^jT3 Axuo pue ueooaw aq:;. uf saurp:^ au-pu A:}.aog isaurp:!.

uaaq.aTq:j.^utBuin, [tfjnxcl ,sq.f pue uejnQ aq:^ uf 33017: aqo At^^jg

sanooo :^j pue uiHa:). ojueanO e Axi»OTseq s-p qeuiuin aqj,

•papnxouf Axqetunsajd aga/A qeu-peznw pue LZ

qeuAtiqnr SHTI a-^sux/ aq:^ 30 sa:).Baapa5uoo o-ppeuiou aog 'asjnoo jo

'X^T^o^T-i-^^^ Axaand uaaq aA«q jaAau pxnoo s-pseq aq^, 'q.eq:^

sassnos-pp aaq:4.ang aH * ,qeujuin aqq. go saaquiaiu aq:^ Aq, '^^BM sAes

'paz-puB5jo Axx^T^T^JO :^ou SBM qojqn 's-pseq iBjjLO-^-fjjQ-^ Axaureu

'uoifJfl^J pue d^qsu-px ULOJJ :^ou-p:j.s-pp A:i.-punuiUJoo e aog s-pseq

pj-pq:). 8 su-pe:).aaosB pue aouaaaggTp q.q5-pxs B qq.-p*\ 'uasnBqxxsM 92

Aq papunodojd qsuiuin go Aaoaqq. sjqq. sq.daooB q,q.8M 'JQ

•„saait^:^as 92

pue saA-p:|.eu uaew^i-aq uo-p:).ou-!:::;s-pp qea>< pxo aq:). qq-jM Afoxeue

ue s^s-psjad xiT^s aJaq:^ - x^ri^s Axas-poaad q.ou s-p uo-pun

-uiujoo 30 aaj5atJ sqi • suoT^eb-pxqo pUB s:^q5-pa auies aq^ Axt^oexa

^ou. aAciq puB 'aesuv aq:^ pus ej-pfaqriH aqq. SB qeujoin aq^ qq-T^

uo-pq-oauuco B asoxo os r^ou aAiiq Aaqq. qfinoqq. 'papnxouj osxe

(85)

(59)

31 used at l ea s t in 303 t r a d i t i o n s of the Prophet. The view

t h a t the non-Muslims, the Jews and the psgarts of Medina

were not excluded from the 'Uminah' i s not only against the

s p i r i t of the document but qui te contrary to the very concept

of the Ummah based on r e l i g i o n . Art ic le 1 of the .const i tut ion

declares the immigrants and the Ansar Muslims alone as the

•Ummah Wahidah* (one community) d i s t i n c t from the r e s t of

the mankind. The sane s p i r i t i s found in a r t i c l e 15 which

declares "the be l i evers are friends of one another to the

exclusion of other people". Ar t ic le 25 says tha t "the Jews

of BejTU Awf are another community alongwith the b e l i e v e r s .

To the jews t h e i r re l ig ion and t o the Mur;lims the i r r e l i g i o n , 32

(This applies) to t he i r mawa'j i end to themselves". These

fac ts show tha t the Muslims alone were included in the Ummah.

All the non-Muslims were given the s t a tus of zimmis (protected

people) , or tha t of hafcifs, though the idea i s not given a

theorf-tical expression, but i t i s implied in a l l the a r t i c l e s

concerning t h e i r r e l a t ionsh ip with the Muslims and Islamic

s t a t e ,

Further more, the rights of the non-Muslims in the Islamic

state of Madina, also go against the theory adopted by orien­

talists. Logic calls for equal rights and privileges of all

the members of the Ummah, but the Jews, as Wollhausen himself

admits, "have not so close a connection with the rights and 33

obligations".

(60)

The t h e o r y , adopted by Watt i n d o t h e r s , about the

p o s i t i o n of Prophet in the I s lamic c o n s t i t u t i o n i s not c o r r e c t .

O r i e n t a l i s t s , in g e n e r a l , t r y t o minimize the a u t h o r i t y and

power of Muhammad in the f i r s t c o n s t i t u t i o n In t h e i r opinion

Muhammad's p o s i t i o n was not s t ronge r than of a ch ie f of the

t r i b e in p r e - l s l a m i c pe r iod and he was " fa r from being ch ie f 34

of the Ummah or I s lamic community". In f a c t the Prophet was

in a l l the d i s p u t e s , t he only and the f i n a l judge ( a r t i c l e , 23) ,

no one, whether f'^slims or non-Muslim, could go t o war wi thout

h i s permiss ion ( a r t i c l e , 3 6 ) . Fu r the r , a r t i c l e 42 made i t

c l e a r t h a t "whenever among t h e people of t h i s document t h e r e

occures any i n c i d e n t or q u a r r e l from which d i s a s t e r i s t o be

fea red , i t i s t o be r e f e r r e d t o God and the Muharrmad, the

messenger of God". Ths supreme and unequivocal a u t h o r i t y of

t he Prophet in a l l m a t t e r , c i v i l , p o l i t i c a l and m i l i t a r y , in

a d d i t i o n t o r e l i g i o u s a f f a i r s , was ' t h u s f u l l y e s t a b l i s h e d

and accepted a t a ve ry e a r l y . s t a g e in the development of the

I s l amic S t a t e . There i s no evidence on record which might

show t h a t h i s a u t h o r i t y was shared or f lou ted or even q u e s t ­

ioned by any one l i v i n g in the c i t y - s t a t e of Madina. But

t h e r e was a remarkable d i f f e r e n c e between t h i s power and t h e

a u t o c r a t i c roya l a u t h o r i t i e s of o the r n a t i o n s . The Prophet

in t roduced moral e l e n e n t s ' i n p o l i t i c s . He regarded God as

the source of a u t h o r i t y , and cons idered himself as His messenger

(61)

and agen t . His cotninands and i n j u n c t i o n s ordained for the people

were e q u a l l y a p p l i c a b l e t o h i s ovmself. The Prophet (P.D.U.H.)

heared many cases a g a i n s t h imsel f .

Al -Baihaqi / Ib|V Hibban, ?.1-Tabarany and Abu Nuaim r e c o r d :

Once Zaid b in Sa 'nah, a jew, came t o the Prophet and claimed

the immediate repayment of what the Prophet had borrowed from

him, and used t h e s t rong words. Umioi who was p r e s e n t , could not

t o l e r a t e i t . But on h i s i n t e r f e r e n c e the Prophet r ena rked : Umar,

you would b e t t e r have advised him t o claim in a proper way, and 35

advised me t o repay in a proper way.

In the c l o s i n g days of h i s l i f e the Prophet addressed a

p u b l i c g a t h e r i n g and s a i d : 'Gen t l emen ' . You may have had claims

a g a i n s t me. If I have v^iipped any body ' s back, l e t him r e t a l i a t e

on t h i s my back . If I have condemned or censured any b o d y ' s

honour, so he re i s 3»iy honour t o t ake revenge upon. If I have

taken any body ' s p r o p e r t y , here i s my p r o p e r t y ; l e t him take

i t , and l e t him not fear h i g g l i n g on my p a r t , as i t i s not my

h a b i t . In f a c t , d e a r e s t t o me i s the one who t a k e s him claim

from me i f he has a r i g h t t h e r e t o , or fo rg ive me. Thus, I s h a l l

meet my Lord with c l e a r consc ience - A men rose and claimed

t h a t t he Prophet had borroved some money from him. I h i s was 36

a t once paid t o him.

(62)

This has a r e f e r ence by the Prophet of h i s own a f f a i r s

t o a t h i r d a r b i t e r . Hovrever, t he p o s i t i o n of the" Prophet was

un ique , and t o Muslims he was u t t e r l y incapab le of conroit t ing

i n j u s t i c e even when he himself was a p a r t y t o t h e c a s e .

P o l i t i c a l Aspects of t he Prophet* s Expedi t ions »

Muhammad (P.3.U.H.) a f t e r h i s a r r i v a l a t Madina ipade a

n\imber of agreements with the Arab t r i b e s l i v i n g t h e neighbour­

hood of the I s lamic s t a t e , por t h i s purpose he s en t s e v e r a l

e x p e d i t i o n s t h e r e . According t o the sou rces , wi th in s i x months

of h i s a r r i v a l in the c i t y , he s e n t an exped i t i on t o a

neighbouring p l a c e , and t h e r e a f t e r , wi th in e igh teen months

a f t e r t h e h i j r a h (migrat ion) seven more exr>editions were 37

despatched t o d i f f e r e n t p a r t s of t h e surrounding r e g i o n . I t

i s c l e a r from v a r i o u s e a r l y accounts t h a t t he motive of t h e s e

e x p e d i t i o n s was not tl?e ambushing of t h e Meccan c a r a v a n s . These

were simply r e c o n n o i t r i n g p a r t i e s s e n t t o g a t h e r informat ion

and t o expand t h e sphere of t h e I s lamic s t a t e ' s i n f luence in

t h e neigbour ing t r i b e s of Madina. This i s c l e a r , from a number

of p a c t s of f r i e n d s h i p and t r e a t i e s made with Banu Mudlij 38

Banu .Zamurah, Gi fa r , Aslam, Muzaynah, Juhaynah and other<^.

The o r i e n t a l i s t s , due t o t h e i r obsess ion with economic

c o n s i d e r a t i o n s which were conce ivably thought t o be implied in

the accounts of t he e a r l y w r i t e r s t o o , expla ined t he se e a r l y

(63)

expeditions in such a way that created a lot of confusions.

They interpreted the history in an economic background to

prove the Islanic state as the invading agency to fulfil the

immediate requirements of hungery Muslims, P.K. Hitti,

discussing the problems of emigrants to Medina, vnrites: "For

the newcomers the first two years were especially difficult.

They had problems obtaining food and housing and adjusting

to a new environment. The immer iate solution lay in having

each newly converted family extend full hospitality to an

emigrant family. There by the proclaimed theory that the new

religion was a fraternal order was put into practice. But the

economic condition of Madina was getting progressively worse.

New sources of revenue had to be discoverer!. Meccan caravans

returning from Syria with cash and goods offered an easy 39

target as well as a chance to injure the life line of Mecca'.'

Grunebaum too accepts this ecoonomic theory and explains

the early expeditions with an economic interpretation. Discuss­

ing the necessity of harmonious co-operation between Ansar and

Muhajir he saj-d, "This in its turn required the economic

independence of the Immigrants. In the circumstances Muhammad

had no other choice but to ensure this independence by raids

on Meccan caravans. This procedure in no way scandalized his

contemporaries morally, while its aggressiveness appealed to 40

them politically".

(64)

Accord ing t o W a t t , t h e c o n c e p t of j i h a d vras i r e r e l y a 41

d e v e l o p m e n t of t h e A r a b i a n ' r a z g i a ' » Raz ia or r a i d was an

i m p o r t a n t f u n c t i o n of t h e p r e - I s l a m i c A r a b s . I t c o u l d be t h e

Ch ie f o c c u p a t i o n of t h e l e a d i n g men of t h e t r i b e . IVie aim wss

u s u a l l y t o d r i v e o f f t h e c a m e l s of t h e h o s t i l e t r i b e . Normal ly

t h e r e was no l o s s of l i f e , s i n c e t h e u s u a l s t r a t e g y was t o 42

d i s c e n d on a s m a l l g r o u p of men wi th o v e r v ^ e l m i n g f o r c e . To

Wat t , Muhammad can h a r d l y have e x p e c t e d t h e e m i g r a n t s t o become

p e a s a n t s o r t o de fend p e r m a n e n t l y on t h e h o s p i t a l i t y of Ansar

Mus l ims . P e r h a p s he e n v i s a g e d r a i d i n g . C e r t a i n l y t h e whole h i s t o r y of Muhammad's t e n y e a r s a t Medina came t o b e r e g a r d e d

43 a s a s e r i e s of r a z z i a s or e x p e d i t i o n s .

Moreover , some w r i t e r s m a i n t a i n t h a t t h e e x p e o L i t i o n s

were i n t e n d e d t o p rovoke t h e Meccans . C o n s e q u e n t l y , t h e y were 44

s e r i o u s l y p e r t u r b e d a t t h e t h r e a t of t h e i r t r a d e , b u t t h i s , 45

t o o , i s n o t b o r n e o u t by f a c t s . The h i s t o r i a n s , . a r g u i n g

t h e s e s p e c u l a t i o n s , have r a i s e d f o l l o w i n g p o i n t s f o r c o n s i ­

d e r a t i o n X-

(1) In t h e f i r s t p l a c e t h e y ^ m a i n t a i n t h a t t h e e a r l y e x p e d ­

i t i o n s were n o t d i r e c t e d a g a i n s t t h e Meccan c a r a v a n s . These

were u n d e r t a k e n s i m p l y t o e s t a b l i s h c o n t a c t s wi th t r i b e s l i v i n g

i n t h e s u r r o u n d i n g t e r r i t o r y of Madina.

(65)

(2) The r e l a t i v e s t r e n g t h of bo th the p a r t i e s a l s o conforms

t h e I s lamic p o i h t . The Muslims could not r i s k a f r o n t a l a t t a c k

on t h e Qurayshi te caravans which had a force t en t imes l a r g e r .

(3) In t h e s e exped i t i ons Prophet and h i s companions s tayed

for a f o r t n i g h t in Wqddan^ for about a month in t h e Bnwat and

a l - U s h a ^ a h and so on. This, long s t a y in these a reas i n d i r e c t l y

suppor t s t h e Muslim p o i n t of view.

(4) The d i s t a n c e of v a r i o u s d e s t i n a t i o n of e a r l y e x n e d i t i o n s

a l s o suppor t s the view. Barr ing the Safwan and the Makhtah

e x p e d i t i o n s , t h e d i s t a n c e from Madina v a r i e s from 30 t o 100

m i l e s . Obviously a l l t h e s e p l a c e s were not s i t u a t e d on the 46

r o u t e between Mecca and S y r i a .

Muhammad and the Jews:

I t i s an o f t - r e p e a t e d charge of t h e Western \v r i t e r s

a g a i n s t t h e holy Prophet t h a t Muhammad, p f t e r h i s d isappointment

a t h i s r e j e c t i o n by the Jews, pe r secu ted them and decided

t h e i r expu l s ion and e x t e r m i n a t i o n . The o r i e n t a l i s t s have taken

t h e views t h a t when Prophet of Islam l e f t Mecca he looked

forward t o h i s acceptance by the Jews of Y ^ t h r i b . On a r r i v a l

he t r i e d t o win them over by adopting the f a s t of Ashura^; by

t u r n i n g towards Jerusalem for p r a y e r s and by moulding Islam on

(66)

Judaism. To Gebrieli* :>. the Prophet ?t one time hi=>d considered 47

the Jews as 'converts of Islam' . He tried to mould Islam in

such a way as to satisfy the Jews giving an impressioh that 48

basically there is no difference between the two religions.

He was soon disappointed and decided not to cultivate them;

instead he crushed them.

i s The o the r ques t ion r a i s e d by western s c h o l a r s , / r e l a t e d

t o P r o p h e t ' s marr iage with^ the Jewish women. In t h e i r opinion

the Prophet of Islam in order t o take t h e s e g i r l s i n t o h i s

bed, k i l l e d t h e i r husbands . Rodinson w r i t e s t h a t rMhammad took

a b e a u t i f u l g i r l of seventeen named Safiya, "for .himself a f t e r

k i l l i n g her husband for concea l ing h i s goods . He persuaded

her t o embrace Is lam, and, being v i o l e n t l y a t t r a c t e d t o h e r ,

took her i n t o h i s bed t h a t very n i g h t " . And t h a t he by doing

so , 'was v i o l a t i n g h i s own p rev ious commands, according t o

which h i s s u p p o r t e r s had t o wait u n t i l the beginning of the

nex t mens t rua l cyc le be fore having i n t e r c o u r s e with t h e i r 49

c a p t i v e s " .

Further more, they linked the Khayber battle with the

Muslim depriveness in Hudaybiah treaty and told that, 'it was

necessary to provide an outlet for the energies of Muslims 50

who had been deprived of their booty at Hudaybi?h'. To Caetani,

the Muslim attack on Khayber was the po3.itical opportunism and

(67)

Muhammad adopting t h i s s t ra tegy , desired to remove the feelings

of deprivation from the hear ts of the Muslims due to t h e i r 51

re turn empty handed from Hudgybiah.

As for as the f i r s t assumption is concerned, Muhammad,

from the very beginning had a c lear idea of the Jewish react ion

t o his r e l i g i o n . Two ear ly Meccan surahs, the Eejni I s r?e l and

Yunus reveal the 'same mat ter . The seventeenth chapter of the

Quran, the Baiii I s r ae l has the following e ight verses warning

the Jews of t h e i r future J -

•'And we ggve (clear) warning to the Children of I s rae l

in the Book, twice v;ould they do mischief on the ear th

and be e la ted with Mighty arrogance.

When the f i r s t of the warnings came to riass, we sent

against youf. Our servariCs given to t e r r i b l e warfare:

They entered the very inmost pa r t s of your homes; and

i t was a warning (completely) f u l f i l l e d .

Then did we grant you the Return as against them: we

gave you increase in resources and sons, and made you

the more numerous in man-power.

If ye did well, ye did well for yourselves; if ye did

ev i l (ye did i t ) against yourselves. So when the second

of the warnings came to r^ass, (we permitted your enemies)

to d is f igure your faces and t o enter your temple as

(68)

they had entered it before, and to visit with destruction

all that fell into their power.

It may be that your Lord may (yet) show mercy In to you;

but if ye revert (to your sins) we shall Vevert (to Our

punishments): and we have made Hell-a prison for those who

reject (all faith).

Verily this Quran doth guide to that which is most right

(or stable) and giyeth the glad tidings to the believers

who work deeds of righteousness, that they shall have a

magnificent reward.

And to those who believe not in the Hereafter, (it announ-

ceth) that we have prepared for them a penalty grievous

(undead). The prayer that man should make for good, he maketh 52

for evil. Eor man is given to hasty (deads)",

These verses do not reveal that the Prophet\-was looking forward

to be accepted by the Jews. Muhammad (PBUH) knew before his arrival

in Madina that he would be rejected by the Jews and yet tried to

maintain good relations with them.

(69)

W a t t ' s assumption t o mould Islarn in such s way as t o

s u i t t h e , Judaism i s fai- not c o r r e c t a l s o . Islam has been a

d i f f e r e n t r e l i g i o n . I s l a n , i n f a c t , has completed the evo lu ­

t i o n a r y p r o c e s s of Abrahimic r e l i g i o n s and consequen t ly , c o n t a i n s

t h e b e s t of what was found in a l l t h e revea led r e l i g i o n s ,

Muahmmad (P.B.U.H.) never at tempted t o f l a t t e r t h e Jews by

adopt ing the±r r u l e s and customs. The only suppor t t h e o r i e n ­

t a l i s t s can d e r i v e i s from t h e Muslim i n s t i t u t i o n of the f a s t

of Ashura which t h e Je^ws observed. But Watt himself admits t h a t

perhaps some of the Medinian Muslims had a l r eady been in t h e 53

h a b i t of observing i t .

Fur ther suppor t t o I s lamic view i s £ent by t h e fol lowing

t r a d i t i o n of t h e Prophet t

Anas s a id t h a t among the Jews, when a women menst rua ted

t hey did no t e a t with her and they did not l i v e with such in

t h e i r houses , so t h e Prophet* s companions ques t ioned him and

God r e v e a l e d , 'And they ask you about mens t rua t ion , . . " . God's

messenger then s a i d , "Do every th ing excep t sexual i n t e r c o u r s e " .

The Jews heard of t h a t and they s a i d , " t h i s man does not leave

any t h i n g we do without opposing i t " , Usayd b . Hudair and

Abbad b , Bishr came and s?»id, "Messenger of God, t h e Jews are

saying such and such. Sha l l we not then l i v e with them". The

face of God's messenger underwent such a change t h a t we thought 54

t h a t he was angery with them".

(70)

In t h i s t r a d i t i o n the remark of the two companions

"sha l l we not l ive with them" i s very s ign i f i can t , for i t shows

t h a t the Quranic verse about menstruation and the Prophet ' s

orders r e l a t i n g there to^ came long before the so-cal led break

with the Jews, when the Muslims desired to cu l t iva te fr iendly

r e l a t i ons with them.

Besides, before the Prophet entered Madina proper, he

adopted Friday, instead of Sabt, Jewish veekly service , as the

day of weekly congregation. If he had t r i e d t o mould Islam on

Jewish r e l i g ion , he should have adopted the Jewish ^abt for

the same.

Rodinson's opinion about Prophet 's marriage with Safiyah

the daughter of Jewish leader Hay bin Akhta*b, i s a lso wrong.

History t e l l s tha t Kanana b . Rabi the "would be" husband of

Safiyah, was one of the Jewish leaders . He had k i l l e d a Muslim

Mahmood b . Mustama throwing a big stone of him from the height

of Nairn f o r t . Kananah was k i l l ed in due compensation. Safiyah

was married t o him but t i l l then marriage was not consximmated.

He for the purpose t o promote fr iendly r e l a t i o n s with the Jews

took Safiyah in marriage and thus sealed h i s a l l i ance with the

teost important Jewish power in tbe Hijaz.

XI1)

In f a c t , t h e p a t t e r n of the P r o p h e t ' s mar r i ages as i t

un fo lds i t s e l f i s c l e a r l y s o c i a l and p o l i t i c a l . His mar r i ages

as Rodinson himself admits , "were not simply love matches; they 55

were p o l i t i c a l a l l i a n c e s " . A de fea ted a d v e r s a r y was almost

always won by t h i s g e s t u r e . Umm-i-Salamah was a c l o s e r e l a t i v e

of t h e l ead ing man of the Makhzum c l a n , Juwalr iyah was t h e

daughter of the t r i b e of a l - M u s t a l i q who were de fea t ed by t h e

Muslims. A l l the P r o p h e t ' s m a r r i a g e s . Watt obse rves , "can be

seen t o have a tendency t o promote f r i e n d l y r e l a t i o n s in t h e 56

p o l i t i c a l s p h e r e " .

As for as the expuls ion and ex te rmina t ion of t h e Jews by

t h e Prophet i s concerned, t h e r e remains ha rd ly any t r u t h . Accord­

ing t o Syed Barakat Ahmad, Banu Qaynuqa were not r e s t i c a t e d

from Medina 's c i t i z e n s h i p . Thei r market remained in t h e i r

57

p o s s e s s i o n . Only t h e i r arms vere con f i s ca t ed and t h i s pun i sh ­

ment was due t o t h e i r t r e a c h e r y and a c t i v e p a r t i c i p a t i o n in the

a c t i v i t i e s a g a i n s t I s l and and t h e ho ly P rophe t . Their poe t s were busy in employing t h e t o t a l communication media of t h e

58 t ime a g a i n s t the Prophe t . "These j o u r n a l i s t s of the t ime"

were accusing t h e Muslims of Madina of d ishonour ing themselves

by submi t t ing t o an ' o u t s i d e r ' . Abu '^Afk, 'Asma b . Marwan and

KaPh a l Ashraf were s ing ing e r o t i c p ro logues t o the P r o p h e t ' s

wives and were composing i n s u l t i n g v e r s e s about the Muslim 59

women.

(72)

While t h i s campaign of vu lgar i ty and abouse was continued,

a Jew from the B, Qaynuqa* / Shams bin Oays ordered ?> Jewish

youth to r e c i t e some poems canposed on the occasion of the

b a t t l e of Bu'ath i n a mixed gathering of Muslims composed of

the Aws and Khazraj t i l l they got so worked up tha t the t r i b e s

challenged each other and came in to the b a t t l e f i e l d . Soon-

af ter the Prophet was informed and he hurried to the spot and 60

stopped the quarrel,

After the b a t t l e of Badr, an Ansari womfitn was immodestly

exposed by the Jewish gold^^smith in the market of Banu Qaynuqa* .

She cr ied loudly and one of the Muslims leapt upon the go ld ­

smith and k i l l ed him. The fellow-Jews of the goldsmith attacked

and k i l l e d the Muslim. The Muslims were enraged and h o s t i l e

feeling sprang up between the two comrrunities. The Prophet

warned the Jews. In reply, the Jews declared war agains t

Muslims, consequently, there was no choice but to accept the 61

chal lenge.

While Banu Nadir and other Jewish t r i b e s did not help

the Banu Qaynuqa', they vjere not inac t ive against the holy

Prophet, Ka'b bin Ashraf lamented the loss of the Quraysh

at Badr and se t out for Mecca to JJpuse the Meccans t o avenge 62

the defeat at Badr. After the b a t t l e of Uhud, the Jews

(73),

63 conspired to kill the Prophet of Islam. The Prophet had been

informed of their contacts with the Quraysh of Mecca even

before the battle of Uhud. According to some sources, "Jews

sent secretly missions to the Quraysh when they encamped

at Uhud in order to fight the Prophet. The Jews incified the ~"~ 64

Quraysh to fight and showed them the weak spots. On earlier

occasion, approximately three months after the battle of Badr,

Sallam bin Mishkam, the Chief of the Baiii al Madir had secretly

entertained Abu Sufyan two hundred Meccan riders with food and drink and supplied him secret informations about the

65 Muslims. Referring to the conspiracy hatched by B?>ni Nadir,

Rodinson remarks, "it was not altogether unlikely assumption

and one which, given a minimum of political intuition, ?ny one 66

less intelligent than the Proohet might have suspected".

Under these conditions Hislims needed peace at home and Prophet

approached the Banu Qurayzah and Banu Nadir but the latter

rejected the request. When the Muslims sat down aroundl their

fort till they surrendered, the same story of Banu Qanuqa'

was repeated. They were deported but allow»= d to take what they

could carry on their camels, except for their weapons.

Banu Qurayza repeated the same treachery. They had

joined the battle of Ahzab which was a major siege in which

Quraysh and Ghatfan along with the Banu Or.iray7,a had invested

(74)

Medina. When Abu Sufyan being un?^ble to endure the severe

winter and wind withdrew, Ghatfan too followed him and

Banu Qurayza being remained aloof shut themselves in to the i r

f o r t . However, when they were defeated; t he i r men were

k i l l e d snd the whole property was divided arjiong the Muslims 65

and the woiDen and chi ldren were taken 93 cap t ives .

The Jews of Medina, as we have seen, have received in

f u l l measure what they so r i ch ly deserved. None e lse but f

they were themselves responsible in view of t he i r open t r e a ­

chery. However, i t can not be denied th'-'t the o r i e n t a l i s t s

successfully introduced the p o l i t i c s of the Prophet in the

west. Their works on Prophet 's l i f e pnd achievements are

sufferred in Muslim's wri t ings too . Wat t ' s 'Muhammad at

M e c c a ' . ' Muhammad jat_ Mad iria' and 'Muhamrradu* The Prophet

and_ StuteKnan' are considered a percious academic work on

the subject . Like wise Levy's "The Social Structure of Islam'

i s a good deal of Islamic socia l system. The Western wr i te rs

employed modern research methodology in the i r wcrks which

have been widely recognized. Apart from t h e i r mental r e s e r ­

vations and preconceived prejudices , they .studied, edited

and published the valuable books on the holy Prophet and t h i s

has ra ised s t a tus of oriental ism to the level of a un iversa l ly

recognized academic d i s c i p l i n e .

(75)

Footnotes and References

1. Gibb, H.A.R., Studies on the Civilization of Iglam, ed.'.

Shaw and W.R. Polk, London Routledge Kegan Paul Ltd. 1962,

pp. 5-6.

2. Ib id .

3 . Gibb, H.A.R., Muhawmedanism, f i f th ed i t ion , Oxford Universi ty

Press , New York, 1962, pp. 30-31.

4 . I b id . , p . 29.

5. Reyazul Hasan, Prince Leone Caetani - A Great I t a l i a n

O r i e n t a l i s t , Hamdard Islamicus, Vol. V no. 1 Spring 1982,

pp. 63-64.

6. Paruqi, Ziaul Hasan, Sir Hamilton Alexander Roskeen Gibb,

(1895-1971), Islam and the Modern Age Vol. 15 No. 2 May

1984, pp. 93-94.

7. Engels, in h i s important work, "Anti-Duehring" says, the

fundamental' idea i s t ha t the work of production in mater ia l

l i f e determines the genera l character of the s o c l ? l , p o l i t i c a l

and s p i r i t u a l processes of l i f e . I t i s not ^he consciousness

of men t h a t determines t h e i r ex i s t ence , but , on the contrary

their socia l res i s tence determines t h e i r consc iousness . . .

The f ina l causes of a l l socia l changes and p o l i t i c a l revol­

u t ions are to be sought not in men's b r a i n s , not in men's

b e t t e r ins igh t in to e te rna l t ru th and just ice,- but in change*

(156)

in the modes of production and exchange. They are to

be sought not in the philosophy but in the economics of

each p a r t i c u l a r epoch. (Oscar Taszi in Encyclopaedia of

Social Sciences/ New York 1927 Vol. 14, p . 199). Here i s

phraseology i s so similar t h a t one can not f a i l to eee

the Influence of Marxism on Orient ;^ l is ts . Ihey explain

the expansion of Islam and conquests of the Prophet

(P.B.U.H.) on the economic bases of ivrabla without taking

any care with the r e l i g ions and missionary aspects of

Islam.

8 . Slddlqul, M.Y.M., Organization of Qoverrwent Under the

Prophet. Idarah-1-Adablyat, Delhi 1987, Preface p . XI I I .

9. Watt, W.M., Islamic Po l i t i c ? ! Thought, Edinburg Universi ty

Press , 1980, Introduction, p . Ix .

Dr. watt In t h i s book t r i e s s incerely to show the

roots or genesis of the p o l i t i c a l conceptions operating

In the Muslim world today. In t h i s region, according to

hlra, i t I s p a r t i c u l a r l y necessary t o look a t t h e pas t ,

since for Muslims as for Irislmen- h i s to ry i s s t i l l

a l i v e . ( Ib id ) .

10. Suel Lord, The Tfew World, Watts and Co. London, 1947, p . 11.

11. The Quran 2: 208.

£77)

12. Bosworth smith replies to this charge in the following

words: "But had he died thus (i.e. before he migrated),

his name would never have been known beyond the neigh­

bourhood of Mecca. His small bond of followers would have

meited away like the other thousand sects that Arabia has

produced, leaving not a trace behind them, and Islam

itself might have seen strangled in its cradle,

"And what would this have meant for tie Eastern world

and something too of the world vJiich is not Eastern.

"The practices that Muhammad forbade and not forbade

only but abolished, human sacrifices, and the murder of

female infants, and blood feuds and unlimited polygamy

and wanton cruely to slaves, and drunkenness and gambling

would have gone on unchecked in Arabia and the adjoining

countries.

The Mongols, the Tartars and the Turks'would have

devastated as they did devastate the fpirest regions of

the earth without gaining that which, ' in some degree

softened their national character, and alone prevented

their conquests from being an unmiliqated evil. In Northern

and Central Africa there would have been; not the semi-

civilization of the Moors or of the Mondingoes but the

brutal barbarism of the Fans ajS(3==««=*shantees. The dark

;, . / Acc No. ^ \

(78)

ages of Europe would have been doubly, nay t r eb ly d?irk

for the Arabs who alone by the i r a r t s and sciences, by

t he i r ag r i cu l tu re , t h e i r philosophy and the i r vir tue^

shone out amidst the universal gloom of ignorance and

crime, who gave to spain and to Europe an Averrors and

an Avicenna, the Al-Hambra and the al-Kazar, would have

been wandering over t he i r native d e s e r t s . As t o r e l ig ion ,

a Chr i s t i an i ty which, in the East, had long become

corrupt and would have sunk in the condition in which i t

i s in Abyssinia today. Over a seventh pa r t of the e a r t h ' s

surface, tie s tar-worshipers might have been worshipping

s t a r s and the Fetish-Worshipper Fet ishes t o t h i s very

day. The answer, therefore , t o the question whether i t

would have been well for the Prophet and well for the

world, i f he had died by the sword of the Kuraish before

a wider f i e ld with i t s g rea te r dangers and temptations,

opened before him, i s not a simple one. (Muhammad and

Muhammadanism, Lahore, 1972, pp. 87-88).

13. Al-Khatib al-Umri, Mishkat al-Masabih, eng. t r ans , by

Dr. Robson Vol. 1, Lahore p . 242.

14. Ib id . , p.250.

15. Ib id , , p . 255.

16. Ib id . , vo l . I l l , p . 887.

(79)

17. I b i d . , v o l . 111, p . 890.

18. I b i d . , p . 890.

19. I b i d . , v o l . IV, p . 1310.

20. Hamidullah Muhammad, The F i r s t w r i t t e n C o n s t i t u t i o n of the

World, Habib & Co. Hyderabad, 1983, p . 5.

2 1 . Ibn I shaq , seerirtRagulvtllah Eng. t r . V Tuil laume, 05<ford

U n i v e r s i t y p r e s s , London, 1955, p . '231 Cf. Watt , Muhammad

a t Medina, Oxford U n i v e r s i t y P r e s s , London 1956, p . 221 .

22. Cf. Watt, Muhammad a t Medina, p . 221, and f . n . 2 , where

he says t h a t ' t h e l i t e r a l t r a n s l a t i o n of the l a s t phrase

i s "from the people" which might r e f e r t o t h e Jews; b u t

t h i s i s u n l i k e l y " The Phrase draws a l i n e of demarcat ion

between t h e Muslims and the non-Muslims.

23 . Wellhausen, J . , The Arab Kingdom and i t s F a l l , t r a n s l a t e d

by Margaret Graham Weir, Khayats Be i ru t , 1963, p . 1 1 .

24. I b i d . , p . 11 .

25. I b i d . , p . 12.

26. He argues that 'the Ummah is thus the complex community

at Madina to which Muhammad believed himself to be sent.

The later article which affirms that certain Jews are an

Ummah along with the believers, though it could conceivably

mean that they constituted a community parallel to that

of the believers, presumably means that they are included

in the one Ummah* . (J^hammad at Medina op.cit. p. 241).

(80)

27. I b i d . , p p . 241-242.

28 . Abd-al-Baqi/ Puad, Al-Mujam al-Mufahras 11 Alfaz a l -

Quran al-Karlm, Cai ro 1945, p . 80 .

29 . Watt, I dea l Fac to r s in t h e Origin of Is lam, The I s lamic

Q u a r t e r l y , v o l . 2 No. 3 October^ 1955, p . 168.

30 . Maududi, Abul Ata, I s lamic Way of L i f e , Damascus, 1970,

p . 1 1 .

3 1 . A . J . Wensinck, al-Mujam al-Mafahras l i Alfaa a l -Had l s

a l -Nabvi , Leiden, 1936, v o l . 1, pp . 92B-98A,

32 . See for d e t a i l , Hamidullah, Muhammad? The F i r s t w r i t t e n

c o n s t i t u t i o n of the world op. c i t .

3 3 . wel lhausen, o p . c i t . , p . 12.

34. Watt, I s l amic Po l i t i c a J . Thought; Ihe Basic Concepts , op .

c i t . , pp . 2 0 - 2 1 .

3 5 . S h i b l i , Seer a tun Nabi, v o l . 11 2nd ed i t ion^ Darul Musama iJvL

Azamgarh, p p . 355-356.

3 6 . Ibn a l - A t h i r , Kamil v o l . 11 p . 241 quoted from Hamidullah,

Muslim conduct of S t a t e , Lahore, Mohd Ashraf and Sons,

p . 125.

37 . Waqidi, Ki tab al-Maghazi , e d , Marsden Jones , London, 1966,

p . 2 .

3 8 . Cf. Haftiidullah, Majmu a t a l - Wasaiq a l - S i y a s i y a h l i a l -

Ahd a l NaBvi We a l - K h i l a f a t a l -Rash idah , C^iro 1941,

p p . 151-171.

39. Hilli, P.K., Islam - A Way of Life, Oxford University Press,

London, 1970, p. 15. See also by the same author. History

of the Arabs, London, 1958, y>p. 116-117.

(81)

40. Grunebaum, G.E. Von, Clgsslcal Islam - A HistoryC600-125e )

english trans. Katheriwe Watson, London^George Allen and

Unwin Ltd. 1979, p. 35.

41. watt. Islamic Political Thought, op.clt. p. 18.

42. Ibid., p. 15.

43. Ibid.

4 4 . Wat t , Muhammad a t Medina, o p . c i t . , p . 4 .

4 5 . S i d d l q l , M.Y.M., O r g a n i z a t i o n of Government Under t h e

P r o p h e t , I d a r a A d a b i y a t D e l h i 1987, p p . 1 5 - 3 1 .

4 6 . I b i d , , p p . 2 1 - 2 2 . T^e a u t h o r h a s p r e s e n t e d t h e f o l l o w i n g

t a b l e i n o r d e r t o g i v e a b e t t e r i l l u s t r a t i o n :

Name of t h e E x p e d i t i o n s D e s t i n a t i o n D i s t a n c e from Hadina

Sarayah of Hamzah a l - I S a b o u t 30 m i l e s

Sa rayah of Ubaldah Rablgh a b o u t 60 m i l e s

Ghazwah of sad a l K h a r r a r a b o u t 100 m i l e s

Ghazwah of Waddan Waddan a b o u t 80 m i l e s

Ghazwah of Buwat Buwat a b o u t 40 m i l e s

Ghazv«h of a l - U s h a y r a h a l - U s h a y r a h a b o u t 90 m i l e s

T h i s v i e w i s v « l l e l a b o r a t e d i n Dr . Y a s i n Mazhar S i d d l q l ' s

e x c e l l e n t Urdu work Ahdi Nabvl k l I b t i d a y l ^tuhimmen -

M u h a r r l k a t , M a s a i l a u r Maqasid (The E a r l y E x p e d i t i o n s of

P r o p h e t , M o t i v e s , O b j e c t i v e s and P r o b l e m s ) . Monthly

Burhan (Urdu) , v o l . 89 No. 6 p p . 3 4 - 4 4 , v o l . 90, ^7o. 1

J a n . 1983, p p . 2 3 - 3 6 , v o l . 90 No. 2, p p . 3 0 - 4 0 , No.3

p p . 14 -34 , No. 4 p p . 5 -16 , No. 5 p p . 5 - 2 1 , No. 6 p p . 5 -20 ,

V o l . 9 1 , No. 1, p p . 5 -20 , No. 2, p p . 8 - 1 9 , No. 3 , p p . 7 - 2 0 .

(82)

47 . G a b r l e l i , Francesco, Muhprnmad ?nd the Conquests of Islam,

t r . V i r g i n i a Luling and Rosamund L i n e l l , London, 1968,

p . 67 .

48. Watt, Montgomery, Muhammad at Medina, op.cit.,. p. 198.

49. Rodinson, Maxime, Mohammad eng. tra. Anne. Carter,

London, 1971, p. 254.

50. Ibid., pp. 252-253.

5 1 . Cae tan i , Annal i d e l l ' Islam quoted from Sayed Barakat

Ahmad, Rasul -i-Akram Aur Yahud i -H i j az Urdu t r a n s .

Prof . Mushirul Haq, Maktaba Jamea ^ t d . , Nfew Delhi 1985,

p . 179.

52. The Quran; Bani I s r a e l , 4 - 1 1 .

53 . Watt, Muhammad a t Medina, o p . c i t . , p . 199.

54. Mishkat a l -Masabih. o p . c i t , v o l . 1 p . 110.

55 . Rodinson, o p . c i t . , p p . 280-281.

56. Watt, Muhammad at Medina, op.cit., p. 287.

57. Ahmad, Baraka-j:/.Muhamma and the, Jews, Op.cit., pp. 61-62.

58. Rodinson, Maxime, Muhammad, op.cit. p.. 194.

59. Ahmad, Barakat, op.cit. pp. 52-54.

60. Ibn Hisham, op.cit. p. 386 Cf. Barakat, Muhammad and the

Jews, op.cit., pp. 54-55.

61. Barakat, op.cit., pp. 55-57.

62. Ibn Hisham, p. 459. Barakat (op.cit. p. 62) has quoted his

two jjoems in which he sang of the nobility of those who

fell at Badr and cried out for veng'~'eance.

(83)

63 . Al-Bukhari, Sahlh^ Vol , v p . 112 (g volumes Ca i ro , ?1-Shab)

64. M.J, Kis ter , "Notes on the Papyrus Text about r-'uhanimad* s

campaign against the B. a l -Nad i r " Archiv O r i e n t a l n i , 32,

1964, p . 234 quoted from Barakat , o p . c i t , , p . 63 ,

65 . Ibn Hisham, o p . c i t . , p . 543.

66. Rodinson, Muhammad, op.cit,, pp, 191-192,

67. Barakat Ahmad had the opinion that those who had not taken

a leading part were taken prisoners and only sixteen or

seventeen leaders were killed (op.cit. pp. 90-91).

CHAPTER THIRD

C O N C E F T U . J i L D I S C O U R S E S O N I S I, A M I C

S T A T E A N D G O V E R N M E N T

Islamic S ta te ; Objectlvogand Functions

A nxiinber of I«Mslim countr ies a f te r a century of s t ruggles

hopes, e f rors and disappointrrents, hpve won the full, indepen­

dence from the colonial r u l e . This independence has brought

to tie foreground the question of not merely administrat ive

eff ic iency but also of ideology. I t i s for the Muslims to

decide whether t h e i r s t a t e s shal l be subordinated to modern

western corcepts or to .Islamic p o l i t i c s in the true sense

of the word. The s t a t e can become Islamic only by v i r tue of

conscious appl icat ion of the soc io -po l i t i ca l t ene ts of Islam

t o the l i f e of the nation and by an incorporation of those

t enes t s in the basic cons t i tu t ion of the country.

Needless t o say, Islami i s much irore than a programme' of

p o l i t i c a l ac t ion . I t i s a system of b e l i e f s and morals, a

soc ia l doct r ine , and a c a l l to righteousness- in a l l individual

and co l l ec t ive concerns. I t i s a complete, self-contained

ideology which regards a l l a spec t s of our exis tence . But the

Islamic teachings must coordinate t h e i r outward soc ia l

behaviour with the b e l i e f s . Such coordination of a t t i t u d e

and endeavour i s impossible unless the whole community i s

subject t o the socio-economic laws of Islam; and so i t i s

only within the frarriework of an independent ideological

s t a t e b u i l t on the p r inc ip les of Islam and endo»ed with a l l

'(8 5)

the machinery of government, legislation ?>nd law-enforcement

that the ideals of Islam can be brought to practical fruition.

The Islamic state is not a goal or an end in itself but

only a means; the goal being t' e growth of a community of

people who stand up for equity and justice, for right and

against wrong. The prevention of injustice and the establish­

ment of justice on earth are the ultimate objectives of the

social image of Islam. The Quran sayss

"You are the best Community that has been sent forth

to mankind (in that) you enjoin right and forbid 1

wrong and have faith in God".

To make the law of Islam the law of the land in order

that equity may prevail* to arrange social and economic

relations in such a way that every individual shall live in

freedom and dignity, and shall find as few obstacles as

possible and as much encouragement as possible in the develop­

ment of his personality; to enable Muslim men and women to

realize the ethical goals of Islam not only in their beliefs

but also in practical sphere of their lives; to defend the

country against attack from without and disruption from wi^-hin;

to propagate the teachings of Islam to t'.e world at l^rge; and

to ensure to all non-Muslim citizens complete physical security

as well as complete freedom of religion, of culture ^,: •

(86)

and of s o c i a l development. Implementation and r e a l i z a t i o n

of these p r i n c i p l e s p rov ides the J u s t i f i c a t i o n of an I s lamic

s t a t e ,

Muslim j u r i s t s , in d e s c r i b i n g the I s lamic system of

government, hold the view t h a t i t i s " the v i ce -ge rency of

t h e b e a r e r of the s h a r i a h ' for guarding t h e r e l i g i o n and the 2

p o l i c y concerning vKsrdly m a t t e r s " . The j u r i s t s mention ten

c o n d i t i o n s which a government should adhere t o . These a re

as f o l l o w s s -

(a) P r e s e r v a t i o n of f a i t h in the e s t a b l i s h e d p r i n c i p l e s

and in the form in which the p r edeces so r s of the

Ummah had unanimously agreed .

(b) Enforcen-ent of judgements among con tenders and r e s o l v i n g

c a s e s among d i s p u t a n t s .

(c) S e c u r i t y of t e r r i t o r y so t h a t people may l i v e in t h e i r

homes s a f e l y and tr??vel in s e c u r i t y .

(d) Enforcement of punishments p r e s c r i t e d by the ghar iah

t o safeguard the l i m i t s s e t by Allah and p r e se rve the

r i g h t s of His peop le ,

(e) P o r t i f i c ^ i t i o n of bo rde r s with r r e v e n t i v e equipment

and r e p e l l i n g a g g r e s s i o n .

(f) J ihad a g a i n s t those who oppose Islam lif ter c a l l i n g

upon them t o embrace i t , or t o accep t p r o t e c t i o n as

non-Muslims, so t h a t the r i g h t of Allah i s upheld in

proc lamat ion of the r e l i g i o n in i t s entire^,Y.

(87)

(g) Levying of taxes a nd collection of Zakat anci charity

according to the provisions of the Shariah.

(h) Budgeting salaries and other necessary expenditures

from the treasury without being extravagant of stingy.

(i) Appointing the honest and canpetent to positions of

trust in order to preserve (state) wealth and to

administer (governmental) affairs.

(j) Personal supervision and examination of public affairs

to be able to lead the nation and protect the 3

religion.

However, the basic objective of the Is lam i:; state is

the establishment of the faith and realization of the interests

of the people. If the government viol^'tes this objective, the

people will no longer be legally obligated to be ob/' dient and 4

helpful or to proffer advice to it. The undertaking to

realize this objective of the existence cf the government in

the Islamic state is the minimum reguirement for -t-he obligation

to obey it. This undertaking by the government is in itself a

sufficient to obligate the people to obey the government,

whether eventually it is able to accomplish its objective,

or is hindered in it by factors beyond its control or compe-5

lied by constraints against it.

The objectives of an Islamic state are clearly defined

in the Quran, Sunnah and Muslim literature. But the modern

(88)

orientalists, to serve their interests, study Islamic state

with a pre-supposition that It is opposed to Westernism and 6

is anti-modernism and aimless revolution.

The Principle of Consultation :

M-Shura (mutual consultat ion) is considered t o be

one of the most important Islamic cons t i tu t iona l p r i n c i p l e s .

Muslim scholars , on the questions re la ted to the governmental

system in the Islamic s t a t e , are ful ly agreed with the import­

ance of Shura and i t s precedence in matters of Islamic

p o l i t i c a l p r i n c i p l e s .

The Holy Quran addressed the Prophet and informed him:

" I t i s by the mercy of Allah tha t you are lenient with them,

for if you had been rough and hard-hearted they would have

dispersed from around you. so pardon them and ask forgiveness 7

for them and consult with them on the mat ter" .

This verse was revealed when the Prophet was engaged

in the Bat t le of "hud outside of Madinah upon the advice of

h i s companions though he was of the opinion to stay in the

€ i t y and defend i t from ins ide . The events during t h i s b a t t l e

showed tha t the Prophet ' s view v/as cor rec t and sound. Despite

t h i s , a f t e r these events, Allah ordered the Prophet t o ask

forgiveness for h i s companions and to consul t with them on

every matter in which consul tat ion was needed.

(89)

In a second v e r s e , the Quran says , "And those who

answer the c a l l of t h e i r Lord and e s t a b l i s h p raye r and who

conduct t h e i r a f f a i r s by counse l , and who spend of what we 8

have bestowed upon them".

This i s a Makkan v e r s e . Thus, the d e s c r i p t i o n of the

b e l i e v e r s as those v^o conduct t h e i r a f f a i r s by counse l "

deno tes t h a t Shura i s one of the t r a i t s of Islam which should

adorn Muslims v?hether they a re only a group without an estab---

shed s t a t e (which was the s i t u a t i o n of the NUislims in Makkah) ,

or form a f u l l y e s t a b l i s h e d s t a t e as was the case of the 9

Muslims in Madinah.

In the sunnah, on the o the r hand, t h e r e a re many p r a c t i c a l

examples of the P r o p h e t ' s c o n s u l t a t i o n with h i s companions. The

c o n s u l t a t i o n was so f requen t t h a t Abu '-lurairah has s a i d : " I have

never seen anyone e l s e who seeks c o n s u l t a t i o n of h i s companions 10

tnfire than the Prophe t" . The Prophet , for example, consu l t ed

witrh • h i s companions with regard t o the p l ace Where t o s e t

up t h e camp in the B a t t l e of Badr. He consu l t ed with them, on

t h e ques t ion of concluding peace with some of the Ahzab

( p a r t i e s ) on the day of al-Khandag (the B a t t l e of t h e Trench) 11

and on many o the r o c c a s i o n s .

(90)

From the above facts, a general rule is derived that

the ruler shall consult the Ummah or those who have a say

among its members on all matters requiring exchange of vievs

in making a decision. For the Prophet, this was limited to

matters in respect to which there was no Revelation to act

upon, positively or negatively. Every matter which was the

subject of Revelation was precluded from the requirerrent of

consultation. However, after the Prophetic period, Shura was

extended even to interpretation of the Divine commands so

that through consultative decision a consensus on adequate

understanding of the circximstances, time or place for the

application of 'the texts' might be arrived at. In addition

Shura naturally covered those matters on which there were

no sr>ecific texts, that is, matters left to Ijtihad 12

(assiduity) .

Of course, the Shariah refrains deliberately from

providing detailed regulations for all the manifo, Id, chang­

ing requirements of our social existence. Ahd it also goes

without saying that in matters affecting the social side

of our life, no legislative Utihadi decisions can possibly

be left to the discretion of individuals. All such decisions

must be based on a definite consensus (ijma') of the whole

community ( which, of course, does not preclude the community's

(91)

agreement, in any matter under consideration, on an iitihadi

finding arrived at previously by an individual scholar or a 13

group of scholars).

1% is also clear that if all the communal affairs are

to be transacted on the basis of popular consultation, ve can

not escape the conclusion that the process of constituting

Shura must be, in itself an outcome of consultation in the 14

widest and most direct sense of the worCd. It is for the

community to decide whether shura will be elected or nominated.

If it is to be elected, then which procedure - direct or

indirect, transferable or non-transferahle, regional or proport­

ional representation - will be adopted. It is not laid down

in the shariah and therefore it is not correct to say that

"the Quran did not solve the constitutional problem of succe-15

ssion to leadership", and that "no clear precedent for the

method of consultation emerged in the early choices of calinhs 16

and the Islamic world was soon plunged in to a civil war",

as some western scholars try to give the impression.

Religion and Politics in Islam :

The fact that religion and politics are inseparable

in Islam is unacceptable to western thinkers. They, for

reasons of their own, have become disappointed with religion

(92

and this disappointment is reflected in the ethical, social

and political chaos now pervading a large part of the world.

They have grown accustomed to considering questions of belief

and of practical life as belonging to entirely separate realms.

Consequently, they are not ready to accept the mixing of

religion and politics in Islam too. Piscatori has the opinion

that "the usual starting point of discussion is the unique

inseparability of sacred and secular, of religion and politics.

The reality is sane vAiat different. Throughout Islamic history

temporal ?«thorities have wielded a weight er sword then that 17

of the spiritual authorities". Moreover, he, discussing the

Muslim view of liberating the human being from tyranny anr"

attribution of all authority to God, entitles it 'conservating 18

approach* and tries to minimise its Isalmic relevance.

Anyone acquainted with the teachings of Islam knows

that Islam calls for the unity of religion and politics.

Islam, not only educated man's relations to God dent also

Jaid down a definite scheme of social behaviour as guiding

principles.

Starling from the fundamental assumption that all

aspects of natural life have been God-willed and possess,

therefore, a positive value of their own^ the Quran makes

it abundantly clear that the ultimate purpose of all Creation

(93)

i s the compliance by the create^? with the wil l of the Creator .

Then, complience, in Islam, is postul^'ted as a conscious,

act ive co-ordination of man's des i res and behaviour with the 19

ru les of l i f e decreed by the c r ea to r .

This demand, a t i e a s t with reference to human l i f e and

the concepts of r igh t and wrong, r e t a in s i t s v a l i d i t y a t a l l

times and under a l l circumstances.

No val id def in i t ion for r igh t or wrong can be arr ived

at which has e t e rna l v a l i d i t y . This d i f f i cu l t y can be a t t r i b ­

uted to the fact t ia t a l l hurr:an thoughts are bas i ca l ly subject­

ive and depend on circumstances of the sreculi=<tor as well as

on h i s environment. I t i s the duty of r e l ig ion to guide man

towards a co-ordination of des i res and behaviour with the

wil l of God; to help hin^ to d i f f e r en t i a t e between good and

e v i l , betvjeen what to do and what not to do. But t heo re t i ca l

and more e th ica l teaching is not enough to guide individxials,

due to the d i f fe ren t in te rp re ta t ions tha t may lead human

beings as t r ay . In addi t ion, the Islamic s t a t e , according to

the teachings of the Quran and Prophetic t r a d i t i o n s , contains

a prec ise body of law cal led the Shariah v;hich encompasses

a l l spheres of human l i f e ; p i r i t u a l , physical , individual ,

soc ia l , economic and p o l i t i c a l , the Muslims bel ieve tha t

- (94)

Islam f u l f i l s t h e s e needs by t h e Divine LPW- conta ined in

t h e o rd inances of t h e Quran and d e t a i l e d and ex^empli f ied in

by the prophe t WohanimadA>ody of teachings t h a t i s desc r ibed 20

in h i s sunnah or "way of l i f e " . Throughout t h e h i s t o r y

cover ing the pe r iod of the Prophet ^!uhanrrad and the four -

guided c a l i p h s the sovereign of the s t a t e was the supreme

head of the s t a t e as well as of the church . Muhammad (F.B.U.H)

was a l i k e the prophet of God and the temporal r u l e r of t he

Arabs . He thus u n i t e d in himself the two func t ions of King

and the s p i r i t u a l c h i e f . He was so t o speak , caesa r and

Pope in one; and t h i s f e a t u r e of the I s lamic sove re ign ty has

cont inued t o the l a t e s t time^ though indeed with important

changes and m o d i f i c a t i o n s . The K h i l a f a t was in the words 21

of a Muslim scholar^, a temporal l e a d e r s h i p based on r e l i g i o n .

The p ious Ca l iphs , t h e immediate temroral successors

of t h e g r e a t Prophet and as the l e a d e r s of t h e p i lg r image

and the p raye r (Imam-al-Haj wa a 1-Sal a t) had a good dea l a t

t h e r e l i g i o u s e lements a t t a c h e d t o t h e i r person and t o t h e i r

o f f i c e . Theuappointed Amirs (Governors) for t h e v a r i o u s

p rov inces of t h e empire . These Amirs were r e s p o n s i b l e t o the

Prophet and h i s Khal i fahs alone and becajrie the r e a l r u l e r s

of t h e p r o v i n c e s . They enforced the s o v e r e i g n ' s w i l l in t h e

(95)

r e g i o n s a s s i g n e d t o them, rraint?>ined law and o r d e r , c o l l e c t e d

t a x e s , met a l l t h e p r o v i n c i a l e x p e n s e s and s e n t t h e b a l a n c e

t o t h e c e n t r a l t r e a s u r y . The e n t i r e sys tem of t h e j u d i c i a l

d e p a r t m e n t vras i n t h e h a n d s of t h e s o v e r e i g n . Qadhis

( j udges ) were a p p o i n t e d t o a d m i n i s t e r i m p a r t i a l j u s t i c e t o

t h e p e o p l e . "The P r o p h e t and , a f t e r hirr,, h i s s u c c e s s o r s were

n o t o n l y t h e c h i e f a p p o i n t i n g a u t h o r i t y b u t a l s o c o n s t i t u t e d

t h e supreme c o u r t of t h e Muslim e m p i r e . I h e y were a l s o t h e

supreme cornmanders of t h e F a i t h f u l by which a p p e l l a t i o n t h e

C a l i p h s s i n c e t h e days of Umar I , were a d d r e s s e d , 'rtius i n

t h e h a n d s of t h e P r o p h e t and , a f t e r him, in t h o s e of t h e

s u c c e s s o r s was c o n c e n t r a t e d t h e e n t i r e power; p o l i t i c a l ,

r e l i g i o u s , m i l i t a r y and j u d i c i a l . But much r e l i g i o u s h a l o

a t t a c h e d t o t h e p e r s o n of t h e C a l i p h s and t h e s a n c t i t y a t t a ­

ched t o h i s o f f i c e was d e s t r o y e d u n d e r t h e l a t e r s , some of 22

whom were i n d i f f e r e n t t o r e l i g i o n .

However, i t s h o u l d be made c l e a r t h a t the»te had

n e v e r e x i s t e d a t r u l y I s l a m i c s t a t e a f t e r t h e t ime of t h e

P r o p h e t and of t h e c a l i p h a t e headed by f o u r - g u i d e d c a l i p h s ,

T h i s c a l i p h a t e was t r u l y I s l a m i c in t h e s e n s e t h a t i t f u l l y

r e f l e c t e d t h e p r i s t i n e t e a c h i n g s of b o t h t h e Quran and t h e

P r o p h e t ' s Sunnah, and was y e t unburdened by l a t e r day

t h e o l o g i c a l a c c r e t i o n s and s p e c u l a t i o n s . Whatever forms of

(96)

State and government came into being in Muslim countries

after the first earliest period, were vitiated, in a lesser

or higher degree, by ideological deviations from the erst­

while simplicity and clarity of Islamic law, or even by out­

right, deliberate attempts on the part of the rulers concerned

to deform and obscure that law in their own interests.

Hence, the past thousand years or so of Muslim history

can offer us no guidance in our desire to achieve a polity 23

which would really the epithat 'Islamic'. Instead, we should

receive guidance - and must receive - only from the life of

the Prophet and the period of his immediate successors the

four Obided - CalipKs, Abu Bakr, Um^r, Uth-man anrl Ali. This

is the true way by which we can reach to the real path of

Islamic state.

Arbitrary or Limited Power of the Amir :

Inspite of the fact that Muhammad (P.B.U.H) and, after

him, his successors were the supreme political and military

chief of the whole Arab continent of Arabia, used no arbitrary

power. They, just as every other Muslim, were obliged to

submit to the ordinances of Shariah. This limitation arose

from the peculiar character of the Islamic law as being

primarily derived from the inspired word of God, and as laying

(97)

down regulations for the conduct of every departrent of human

life, and thus leaving no room for the distinction that prose

in Christen'^dom between cannon law and the law of the stpi-e,

The law being thus of divine origin demanded the obedience

even of the Caliph himself and the administration of the

state was supposed to be brought into harmony with the 24

dictates of the sacred law.

Orientalists, on this point too, tried to confuse the

readers. Sir Thomas W, Arnold, ^or example, though accepts

the limitations of Caliph and his submission, compulsorily, 25

to the ordinance of Shariah, but he tried his best to prove

that Islam introduced an "arbitrary, autocratic system" of

government. He claims that Muslim theologians and jurists

sought for some support of the political theory of the

Caliphate in the revealed word of God, just as the theologians

and statesmen of medieval Europe appealed to the Bible in

26

support of both Papal and Imperial claims. Then, he presen­

ted many verses of the Quran in his support. He, to rrove

his views/ cited many prophetic traditions, vhich, in his

opinion, "were put forward in justification of the political institution that had gained acceptance with the main body

27 of the faithful". These traditions, to him, clearly state

that the Caliph or any lawfully constituted authority was

(98)

to receive the obedience of the subject, whether he is just

or unjust, for responsibility rests with God and the only

satisfaction that the subjects can be feel is that God will

punish the unjust ruler for his wicked deeds, and will reward 28

the righteous monarch. Thus, Arnold, has concluded two

points t

(i) The Caliphate recognized was a despotism which placed

unrestricted power in the hands of the ruler and demanded 29

unhesitating obedience from the subjects.

(ii) The political theory thus enunciated, appears to imply

that all earthly authority is by divine appointment and the

duty of the subject is to obey. Ihis autocratic hieratic

character assigned to caliph was further emphasized by 30

another designation viz. Shadow of God upon earth.

But the persons who have carefully studied the teachings

of Islam and the history of Pour-Guided Caliphs, know that

there is no place for arbitrary system in Islamic politics.

The Prophet and his caliphs avoided always doing anything

arbitrarily. Then always consulted their chief com panions

and took no serious step without their counsel. Those who

have the opinion that Shura (mutua] consultation) is not bind­

ing and is merely advisory, usually quote the peace-treaty

(99)

of Hudaybiyah c o n c l u d e d by Muhammpd (P.B.U.H) h i m s e l f ; Abu

B a k r ' s s t a n d c o n c e r n i n g t h e d e s p a t c h of Usamah ' s army and

h i s s t a n d t o f i g h t a g a i n s t t h o s e who, a f t e r t h e r iea th of t h e

P r o p h e t , had d e c l i n e d t o pay Z a k a t , a n d t h e s t a n d t a k e n by

Umar a l - P a r o o q r e g a r d i n g t h e d i s t r i b u t i o n of t h e l a n d s i n 31

I r a q a f t e r i t s c o n q u e s t . But t h e y f o r g e t t h a t t h e s u b j e c t

of t h e p e a c e t r e a t y of H u d a i b i y i a h was n e v e r , a t any s t a g e ,

s u b j e c t t o i ^ u r a . From t h e b e g i n n i n g t o t h e end, t h e a c t i o n s

of-ftie P r o p h e t vjere i n s p i r e d by Wahy ( r e v e l a t i o n ) . On e n q u i r y

by Umar a s t o why t h e Muslims s h o u l d a c c e p t t h e pe?>ce, t h e

PrODhet r e p l i e d , " I am A l l a h ' s s l » v e and '^is R a s u l . T w i l ] 32

n o t oppose H i s o r d e r , and He w i l l n o t abandon we" . Even

b e f o r e t h i s d i s c u s s i o n w i t h 'Umar, t h e P r o p h e t had s t a t e d

t h a t t h e m a t t e r was s u b j e c t t o r e v e l a t i o n . For when t h e s h e -

camel of t h e P r o p h e t had s t o p p e d , he s a i d t o h i s comipanions:

•The One who r e s t r a i n e d t h e e l e p h a n t s from Makkah i s k e e p i n g

h e r b a c k . Today I s h a l l e g r e e t o any c o n d i t i o n t h e Quraysh 33

may make i n which t h e y ask me t o show k i n d n e s s t o k i n d r e d " .

Hence, t h e r e i s no r e l a t i o n s wha t eve r be tween t h e e v e n t s

l e a d i n g t o t h e p e a c e of a l - H u d a i b i y a h and t h e s u b j e c t of Shura,

As f o r Abu B a k r ' s s t a n d c o n c e r n i n g t h e d e s p a t c h of

Usamah ' s army, i t shou ld b e p o i n t e d o u t t h a t Abu Bakr was

c a r r y i n g o u t t h e d e c i s i o n of t h e P r o p h e t who o r g a n i z e d

(100)

Usamah'rs army and supervised it himself. The dispatch was

delayed because of the illness of the Prophet. Thus, Abu Bakr's

action in this matter was to carry out the Prophet's command

before his death, but v/hen its' commander (Usamah) saw the

Prophet's illness worsening, he decided to encamp nearly to 34

wait the outcome of this illness.

It is well known that Abu Bakr, among the companions

of the Prophet, was the first to hold the opinion that it was

necessary to fight the Arabs, who, after the death pf the

Prophet, had apostatized, and declined to pay Zakat. Soon,

hovever, this view was no longer Abu Bakr's alone. Headed

by 'Umar b. al-Khattab, several companions who had at first

opposed him came round to his views. Both Bukhari and r uslim

have related that 'Umar b. al-Khattab said: "By Allah, as

soon as I saw that Allah the Almighty had opened the heart

of Abu Bakr to fight, I knew it was the right thing". There

is no doubt that the Imam or the ruler has the right to

express his view on a matter which is subject to Shura and

to present supporting evidence to convince the people o^

its rightness.' This is exactly what Abu Bakr did, citing

the hadith the Prophet had said, "I have been ordered to fight

people untill they say, there is no deity except Allah.

Therefore, he v^o says' 'La llaha ilTa Allah' (There is no

(ICl)

d e i t y except Allah) s h a l l rent ier himself and h i s p r o p e r t y

safe from me, except for what i s due frati him, and h i s

account ing w i l l be with A l l ah" . Then Abu Bakr argued f u r t h e r ,

p o i n t i n g out t h a t "a l -Zaka t i s a due on r r o p e r t y " . Thereupon

those who had opposed him in the beg inn ing , led by 'Umar b .

a l - K h a t t a b , agreed with h i s convincing arguments and 35

r e a s o n i n g .

If t h i s i s t r u e , and no doubt i t i s , then i t i s ro+-

t h a t Abu BaXr d i sagreed with t h e conc lus ions of the members

of Shura b u t r a t h e r the Shurs agreed t o what he had i n i t i a t e d

and d e s i r e d t o be done. Thus Abu Bakr was in f a c t c a r r y i n g

out the d e c i s i o n s of Shura ' n o t c o n t r a d i c t i n g the almost 36

unanimous view advocated by the Muslims", as some r e s e a r c h e r s

pu t i t .

The p o s i t i o n of 'Umar b , a l -Kha t t ab with r e s p e c t

t o t h e d i s t r i b u t i o n of the lands in I r aq a f t e r i t s conquest

i s a l s o a proof t h a t he was a c t i n g on the conc lus ions reached

by Shura, and not a proof of d i s r e g a r d t h e r e o f . I t i s r e p o r t e d

on the b a s i s of r e l i a b l e a u t h o r i t i e s t h a t 'Umar had consu l t ed

the P r o p h e t ' s companions on t h e r ra t te r and the m a j o r i t y of

them advised him t o d i s t r i b u t e it. in t h e same manner In

which Khaybar, when conquered by the Prophet , >ras a i s t r i b u t e ^ '

But All b . Abi Tal ib and Ku'?dh b . Jaba l advised 'Umar a g a i n s t

(102)

this course and to keep it PS a source of income for succecl­

ing generations of Muslims. Umar himself concurred with the

opinion expressed by Ali ana Huadn. However, further discussion

led to rhe decision in favour of non-distribution and to be

preserved for future generations of rhe Muslims. Umar's stand

in this case is similar to rhat of Abu Bakr's in Lhe case of

war against the anostates. Each had a viev/ with which the

majority of the companions disagreed initially, but each

persuaded them with arguments, convincing them of the sound­

ness of their views. Ihus both acted after a final decision

was arrived at by mutual consultation and did not act on 37

their own viev/.

It is clear now that Shura is mandatory upon the ruler,

and theue remains no place for any despotism or autocratic

and arbitrary rule in Islamic political system. The mutual

consultation is a basic Quranic principle and was strictly

followed by the Prophet and his Four Guided Caliphs.

(103)

Footnotes and r e f e r e n c e s

1. The Quran 3s 110

2 . Pl-Mawardi, al-Ahkam a l - S u l t a n l y a h , Cairo e d i t i o n , I960,

p . 5, Ibn Khaldun, Al-Muqaddimah, Be i ru t e d i t i o n n . d .

p p . 190-191.

3 . al-Mawardi, o p . c i t . , pp . 15-16; Abu Ya ' l a a l - F a r r a a l -Manbal i ,

Al-Ahkam a l - S u l t a n i y a h , Cai ro , 1938, pp . 11-12.

4 . Qabbus, Sal ah a l -Din , e l -Kha l i f ah Tawliystuhu wa A.-tluhu,

Alexandr ia , 1972, p . 76 .

5 . We may c i t e ^ as an example of such c o n s t r a i n t , t he

involvement of the s t a t e in e x t e r n a l wars or i n t e r n a l

u p r i s i n g which, i f checked, might cause damage t o s t r u c t u r e

of t h e s t a t e i t s e l f or t o the v i t a l i n t e r e s t s of i t s

p e o p l e .

6 . P i s c a t o r i , Tames, P; Islam in the P o l i t i c a l Process ,

Cambridge U n i v e r s i t y P r e s s , 1983, p . 1.

7 . The Quran, 3 : 159.

8 . The Quran, 43 : 38 .

9 . Regarding t h i s concept and the c i rcumstances in which

t h e s e v e r s e s were r e v e a l e d , see Sayed Qutb, Fi Zila). a l -

Quran, Dar a l - M a ' r i f a , B e i r u t , 1971, v o l . IV, pp . 118-120,

v o l . V, p . 299.

•£ 'd "pTqi '•QX

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Aue sABf) :iOU ueano AqM oq. se uoxq-sanb sqq. pssfBJ seq luexsj

JO uiaqsAs q-oajaad sqq. fiufssnosxp aou^ne am '6 •d '086T

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ujaq.sea jeaN atu, •luexsi uy. q.uaujuaaAOD pus a:^eqg jo

saxdfouxad am. 'pBoiummiw 'pesv 'Z.6-98 '^^'i '8Z.6X 'euexpui

'suojqeoxxqnd qsnaCj, ueofjauixi' 'aqeq.s o-fjuexsi aqq. go ujaq.sAs

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•X6I pue fizx '9T 'dd

'II 'lOA 'jnun-IB pwBy-xv TxAeqns-IB 50 Ajsq-uaimuoo

aifl. qq-T' areqsft, uqi qBjfs ass squaAa pjBS aqq. 6u-FpjB5aa "TX

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(^01)

(105)

19. Asad, Muheanrnad, o p . c i t . p . 2. of

20. Al-Sayed, Abdul Malik, A., Social EtTnics/IsI am - C l a s s i c a l

I s l amic Arabic P o l i t i c a l Theory and P r a c t i c e , Vantage

P r e s s , New York, 1982, p . 2 1 .

2 1 . Khudari , Tarikh al-Umam a l - I s l a m i y a h , v o l . I I , p . 171.

22 . Husa in i , S.A.Q., The Kha l i f ah : His c o n s t i t u t i o n a l P o s i t i o n ,

I s l amic L i t e r a t u r e , Lahore, v o l . I I , No. 9, p . 15.

23 . Asad, Muhammad., o p . c i t . p p . v - v i .

24. Arnold, S.T.W., The Ca l ipha te Routledqe & Kegan Paul

L t d . , London 1965, p . 53 .

25 . I b i d .

26. I b i d . , p . 42.

27. I b i d . , p . 46.

28. I b i d . , p . 49.

29. I b i d . , p p . 47-48.

30. I b i d . , p . 50.

3 1 . Concerning t h e in fe rence from a l l t h e s e even t s ,See :

Dr. Mahmoud Babel ly , Al-Shura f i a l - I s l a m , Be i ru t 1968,

p p . 81-105. Prof. Abdul Hamid Mutawalli r e f e r s t o some

of t he se events in t h i s work. He a l s o r e f e r s t o the case

of t h e p r i s o n e r s in t h e B a t t l e of 3adr and says t h a t in

t h i s i n s t a n c e , the Prophet acted s o l e l y on Abu B a k r ' s

view. The t r u t h i s t h a t t he P r o p h e t ' s pcceptance of

(106)

ransom for freeing the pr isoners of the Bat t le concurred

with the opinion of the majority of h i s companions and

not of A33U Bakr alone. Shaikh Muhammad jvbduh s t a t e s t h i s

in Tafsir al-Manar, vo l . 10, pp. 99-101 and P . 109. Also

see the statement concerning the Bat t le of Badr in vo l . 9

p . 611. Al-Tabari, in t h i s respect , in his Tafsir has

a lso re la ted some Hadiths confirming t h i s . See vo l . 7,

pp. 375-376.

32. Ibn Hishaip, Al-Seerat al-Nabawiyah, Cairo 1984, together

with Al-Rawdh al Unuf by al-Suhayl i , vo l . 2, p . 230.

33. Ib id , , p . 226. I t must be noted here tha t the Prophet

and h i s companions hod set out to Makk'=th to perform

'Umrah and not 'Hajj as Dr. Mahmud Babelly has s ta ted

on p . 82/ of h i s above mentioned book.

34. Ib id . , vo l .2 , pp. 365, 369. I t must be noted tha t

Dr. Mahmoud Babelly mentions on p . 98 tha t the companions

objected not only to the dispatch of Usamah's army but

also to h i s command of i t . The fact i s tha t t h i s happened

during the time of the Prophet and tha t he condemned t h i s

opinion in a public address in which he sa id: "0 people

dispatch Usamah's force, for you are c r i t i c i z i n g t h i s

leadership as you c r i t i c i z e d h is f a t h e r ' s before him,

(107)

a l though he i s j u s t as worthy of the command as h i s

f a t h e r was". I b i d . , p . 269.

3 5 . see t h i s Hadith and i t s Ta f s i r in Sahib Muslim with the

commentary of Nawawi, v o l . I , pp . 200-210 and a l s o in

Sahih al-Bukhari» v o l . I I , Kitab a l -Sh 'ab e d i t i o n , Ca i ro ,

p . 131 .

36 . Mutawall i , Abdul Hamid, Al-Wasit f i , a l -Qanun a l - D u s t u r i ,

Alexandr ia , 1956, p . 246. I t was one of Abu B a k r ' s v i r t u e s

t h a t he r e a l i z e d in advance what o ther companions did n o t .

37 . For more d e t a i l s on t h i s q u e s t i o n , see Abu Ubaid al-Qasim

b . salam, Kitab al-Amwal, v o l . I (Cairo Edi t ion) p . 83 ,

in which he p r e s e n t s t h e views of Al i and t-na'adh. See a l s o

Sheikh Muhammad Mustafa Sha lab i , T a ' l i l al-Ahkam,

pp . 51-52 v^ere he g ive s v a r i o u s accounts of 'Umar 's

c o n s u l t a t i o n and the even tua l ?^greement of the companions

with the view not t o d i s t r i b u t e the l?ind.

CHAPTER FOURTH

A R E V I E W O P I S L A M I C I N T E R N A T I O N A L

L A W A N D D I P L O M A C Y

Oppenhlem, the eminent scholar of western Inter­

national law had no difficulty in conceding that the influence

of Christian teaching was not visible although Christianity

had been the state religion under canstantine the Great (C.e.

306-37) . When the Roman Ehipire was divided, all the peo|>le

belonging to the eastern wing were considered barbarians 1

although they had adopted Christianity. If Oppenheim ascer-2

tains the constant treachery, quarreling and fighting there,

perhaps it is not amazing. But most of the Western writers

on International Law and Diplomacy, including Oppenheim and

Nicolson, have tried to give an impression that Islam does

not believe in international legal regime and have categorized

it as 'Dark Age*, at least from the point of view of Inter­

national law. So biased Oppenheim was that he says that

during the 'Middle Ages there was neither room nor need for 3

an International law'.

The statement seems beyond dispute when considered

outside the realm of the Muslim world. In fact neither Pagan

antiquity nor Judeo-Christian holy history has ever witnessed

such an enterprise.

Concerning the revealed laws of the Ancient and New

Testament, one can easily discover that no such provisions

have been made and assess the cause of this failing. It is

(109)

due to the fact that in Its early stages, Christianity and

Judaism had not yet had the opportunity to deal with the

outside world; their activity being purely local. And, if,

in the case of Judaism, preaching was followed by certain

contacts with neighbouring countries, these contacts vere

the result of war operations which soon led to the annihila­

tion of the vanquished state. But no historical records are

available to show what were the principles applied in these

circumstances.

The absence of such a legislation in Grecian-Roman

antiquity should be ascribed to a totally different cause.

Relations with the outside world did exist but the Grecian-

Roman concept of life as a descipline was rendered useless.

International law implies a certain degree of equality, a

community of interests, reciprocal rights and duties between

nations. Yet the ancient Greeks who maintained some measure

of equality between sparta and Athens, despite the endless

strife which divided these two Kingdoms, considered all non-

Greeks as exceedingly inferior beings. Aristotle himself

believed that the Barbarians (i.e. all alians) had been 4

created to be beaten, plundered and reduced to slavery. Ihe

same spirit prevailed in the Roman law. Not only the Romans

enacted within the Bnpire two sets of laws; one ruling the

citizens (civil law^ the other governing the populations

of occupied territories (people's law), but in their dealings

with other states they were guided solely by the law of

the sword. To the Romans, no nation other than their own

(110)

Could claim a right to security or self-defence; it was a 5

matter of 'serve or perish'.

As for as Islam is concerned, the matter was totally

different. Rising from Makkah it flashed in to Syria; traversed

the whole breadth of Northern Africa, and then leaping the

straits of Gibralter, it hammered at the doors of Europe.

Islam achieved its full political maturity within the first

century and its greatest geographical extent during the

first seven hundred years of its existence. It conquered

Sicily and reached as far as the Campagna and Aburuzzi

in the south of Europe. Using Spain as a spring boojvd it

jumped into province. Northern Italy, and even to Switzerland.

From its stronghold in Spain ^^'^ Sicily it tr ansmitted its

powerful cultural influences to the whole of Europe. Baghdad

in the East and Cordova in the west were the greatest centre

of learning in the Middle Ages. This was the period which

saw the beginnings of the European civilization. The earlier

European writers on International law such as Pierre Bello,

Ayala/ Villoria, Gentiles and others, hailed from Spain or

Italy and owed much to the renaissance provoked by the impact 6

of Islam.

This was the period when the first written constitution

of the world (the constitution of city state of Madina) was

( I l l )

framed. No constitution of any country was so distinguished

before the Prophet (P.B.U.H) as his own. "True, the Biblical

Book I - Sainuel VIII, 11-18, X/ 25 mentions the rights of

tyrannical Kings and duties of wretched subjects, and even

their having been once put to writing as a sort of "Social

Contract" (though without further details). True also, the

Manu anirti (500 B.C.) mentions the duties of a King, and the

Artha Shastra (Science of Politics) by Kautilya (300 B.C.)

and the books of Aristotle, written about the same time,

contain complete treatises on politics. Aristotle studied

and compared the constitutions of 158 of his contemporary

city - states. On the basis of this study, he prepared the

constitution of Athens which has come down to us. It was

discovered on papyrus in Egypt and was published in the year

1891. It has also been translated in English and other

languages. Yet writings of this kind are either in the nature

of text books or "advice books" to princes, or are historical

accounts of the constitutional set up of certain places. None

of these enjoys the dignity of an authoritative constitution

of a state issued by the sovereign of the country. The const­

itution of the city-state of Madina is the first of its kind

7 in the world.

(112)

In the same period - usual ly dismissed as the "Dark

Age" of In te rna t iona l law - the f i r s t work on In te rna t iona l

law was coRipiled. Imam Shaybani was the f i r s t wr i ter on

Muslim law of Nations. His •Kitab al-Siyar al-Kabir ' i s

considered the f i r s t t r e a t i s e dealing with the Muslim i n t e r -« law.S

nat ional / Joseph Hammer Von Purgs ta l l has ca l led him ' t h e 9

Hugo Grotius of the Muslims. The attempt t o designate

Shaybani as the 'Hugo Grotius* of Islam was ra ther renewed,

•However, s u r p r i s i n g ' , wri tes Hans Kurse, ' t h e bestowal of

such a t i t l e of honour on a Muslim j u r i s t . . . by so g rea t

a scholar as Purgs ta l l may have been, i t did not find an 10

echo among European scholars . . . • . Here i t i s questionable

whether Joseph Hammer had more in mind than t o c a l l the

a t t en t ion of scholars to the mas ter ' s work. Shaybani (d. 804)

preceded Grotius (d. 1645) by seme e ight centur ies and h i s

works on system of law appeals to the students of the h i s to ry

of law grea ter than t o the students of modern law of na t ions .

But a study of the Islamic Law of nations would ce r t a in ly be

of i n t e r e s t to a l l who seek t o widen the scope and subject 11

matter of the modern law of na t ions . That i s why some weste^rn

wr i te rs have paid due a t t en t ion t o t h i s chapter , ihey have

asserted tha t the 'expediences of Islam, l ike those of other

nat ions, are worthy of a close examination, if the process

(113)

of the development of the modern law of nations i s to be 12

meaningful/ ' because the r i s e of Islam, with i t s universal

appeal to mankind, necessar i ly ra ised the problem for t he

Islamic s t a t e as t o how to conduct i t s r e l a t i o n s with non-

Muslim s t a t e s as with the to le ra ted r e l i g ious communities

within i t s own t e r r i t o r y . To these scholars , Islam ce r t a in ly

provided a system of law designed t o maintain order and

j u s t i c e , throughout the world. Ih i s law - the s iyar - developed

by the Muslim j u r i s t s to meet need - may be cal led the 13

Islamic law of na t ions .

The Nature of Islamic Law of Nations »

The wri ters have claimed the Islamic in te rna t iona l

law to be of temporary nature in the sense t h a t in case the

idea l of Islam were ever achieved, the scope of Is lam's 14

r e l a t i o n s with non-Muslim countr ies would be non-exis tent .

For, the u l t imate goal of Islam i s the subordination of the 15

whole world t o one system of law and r e l i g i o n , but i t s

f a i l u r e t o convert a l l people l e f t outside i t s f ron t i e r s - non-

Muslim comnunities - with which Islan had to deal throughout

i t s h i s t o r y . Thus in i t s or igin the Muslim law of Nations,

in cont ras t t o almost a l l other systems, was designed to

be a temporary i n s t i t u t i o n - u n t i l a l l people, except perhaps 16

those of the to le ra ted r e l i g i o n s , would become Muslims. This

•„q.f q.oafaa Aeui HTM j:eA90Sjc?qM puB %j q.dsooB Aeui 81

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isAes ueano ©Mi 'ssanoo u«o sjq spfoap o: UBUI

aog; ©o-poHo sq:^ ssAesx pue Aq-^urq-aoddo ue go uuog: sq^ uf poo

50 q:).njj, aqq. st^uasaad uiexsi 'ajouiaaqq.anj •aojcoj Aq paonpuj

gx ssaxfiufueaui aq pxnoM asaqj, •:i.uauEv:pHaDD pue q:i.TS3F uodn

spuadap UOTS^XS^ asneoaq apn:).T::).:B sjnz^. sa^e^ urexsi

•wfiuojK aqq. ujoag LI

q.DU-j::S7p apeui uaaq seq Sufq-:!. :^q5fJ aqj, •uoTb^x^J

oq. pjefiaj ux uojoaaoo pue uoTSxnduoo ou sj aaaiUH

jsAes uBjnO am •dirqsaoA pue aouafosuoo 'gafx^ci 50 oopoojg

s-pq asjojaxa o: pax^T^ua sj ueiu AjaA^ •uojq.ejauabap pue

aapjosfp Luojg Apoq aq:^ pue uof^daijoo pue uns uioag x^ios aqq.

'saifc^Uf e^aaoun pue suoT:i.n^Tq.saadns luoaj puTui aq^ a^ed-poueuia o:

sf saAj^oafqo uyeui sq.f go auo 'uj ao^q-oejcd oq. uiopaaag x^^oq.

saAxb pue suof5xi9-i JSU^o sazxufooaj luexsi fiujuuxfiaq AjaA aqq.

uiojg qeqq. anxv osxe sx -^j q.na •aatvqeu e qons 50 sq.duiaq.q.e xis

ssajddns pue gxssqj puagap oq. uaq.seq q.enui aq.e:^s aqq. •sajo'pxod

xngaoead sqj qfoxdxa JO A:^fanoas sq.-f aafiuepua Jo 'aoead

s:^7 qjnqsfp ao 'a:^eq.s ofuiexsi aqq go eq-qfeja aqq. aq.exoTA oq.

paq.diuaq. aq auo aoos pxnoqg 'aq-eq-s ojuiexsi aqq. go aanq.eag

q.ueq.jodurp ue sf suofq.exaa x^uoT^^uja^UT "T ^.uauiUoBOJOua

pue q.uaaiaseadde go aouejaxoq.ux 'asanoo 30 'aseo aqq^ ^ou sj

ini)

(115)

secondly, it is true that Islamic international law was

practiced in from the very construction of Islamic state but

it was not due to its failure to convert all people left

outside its frontiers. In most of the surats revealed in

Madinah, universal character of Islam, rules and regulations

of international treaties, modes of conduct with non-Muslim

nations were clarified. Pen. example, Quran asserts to fulfil

the obligations undertaken by the Islamic state and to honour

the treaties concluded between the Islamic state and other

states. This is binding only provided the other parties are

faithful to their obligations and honour the treaties? other­

wise treaties will be treated as invalid and not binding.

19 "0 Belivers, fulfil all obligations".

"Indeed the vilest creatures on the earth in the sight

of Allah are those people who denied the Truth and then would

not at all believe in it, (especially) those of them with

whom you made treaties and who violate them after time and

do not fear Allah in the least. If you encounter them in

combat, make of them a fearsome example for others who would

follow them so that they might be unnerved, it is expected

that they will learn a lesson from the end of treacherous

people. And if you ever fenr treachery from any people, threw

their treaty openly before them. Indeed Allah does not like 20

the treacherous people".

(116)

" . . . But t h e t r e a t i e s a r e n o t d i s s o l v e d w i t h t h o s e

Pagans w i t h whom you made t r e a t i e s , and who a f t e r w a r d s d i d

n o t v i o l a t e t h e s e i n t h e l e a s t nor d id t h e y g i v e h e l p t o any

one a g a i n s t you* so you a l s o s h o u l d o b s e r v e t h e t r e a t i e s

w i t h such p e o p l e i n a c c o r d a n c e w i t h t h e i r t e rmS/ fo r A l l a h 21

l o v e s t h e p i o u s p e o p l e . "

L i k e w i s e I s l am e n j o i n s t h e s t a t e t o p l a y a v i t a l r o l e

i n t h e i n t e r e s t of human i ty on t h e i n t e r n a t i o n a l l e v e l i n

e d u c a t i o n , e c o n o m i c s , i n d u s t r y , p o l i t i c s and s o o n . T h i s

r o l e was i n i t i a t e d by Muhammad (P.B.U.H) h i m s e l f and m a i n t ­

a i n e d by h i s r i g h t _ g u i d e d c a l i p h s . C o n s e q u e n t l y , i t i s wrong

t o say t h a t o n l y a f t e r t h e f a i l u r e t o c o n v e r t t h e p e o p l e

l i v i n g o u t s i d e t h e I s l a m i c s t a t e , I s l am framed t h e r u l e s

and r e g u l a t i o n s t o d e a l w i t h t h e non-Muslim s t a t e s .

The P r o p h e t Muhammad (P.B.U.H) , i n t h e f i r s t c o n s t i t u ­

t i o n of t h e I s l a m i c s t a t e , d e a l i n g w i t h t h e non-Muslim n a t i o n s ,

gave t h e f u l l f r e e d o n of r e l i g i o n . A r t i c l e s 24 t o 35 d e a l

w i t h d i f f e r e n t c l a n s of t h e Jews of Madina and con f r im t h e i r

s o c i a l cus toms and p r i v i l e g e s w h i l e a r t i c l e s 36 , 37 , 38 and

46 d e a l wi th t h e i r r e l a t i o n s h i p w i t h t h e I s l a m i c s t a t e and

e n j o i n m u t u a l h e l p and c o - o p e r a t i o n be tween them and t h e 22

Muslims i n a l l m a t t e r s of common i n t e r e s t i n c l u d i n g w a r .

(117)

The Prophe t i c t r u c e with t h e C h r i s t i a n s of Najran i s

an i n t e r e s t i n g evidence of h i s i n t e r n a t i o n a l r e l a t i o n s h i p

of f r i e n d s h i p and c o - o p e r a t i o n . The t r u c e g i v e s u s an idea

of t h e a c t u a l p o s i t i o n of t h e non-Muslims in the I s l amic

s t a t e . In t h i s t r e a t y t h e fo l lowing sen tences are worthy of

s p e c i a l c o n s i d e r a t i o n *

" . . . Najran and t h e i r fo l lowers have p r o t e c t i o n

of God and t h e dhimmah of Muhammad, the Prophet , the

Messenger of God, for themse lves , t h e i r contmunity,

t h e i r land, and t h e i r goods, both t h o s e who a re

absent and t h o s e who are p r e s e n t , and for t h e i r

churches and s e r v i c e s (no b i shop w i l l be removed tram

h i s e p i s c o p a t e , and no monk from h i s monast ic p o s i t i o n

and no church-warden from h i s church-wardenship) and 23

for a l l , g r e a t or l i t t l e , t h a t i s under t h e i r h a n d s " .

T.W. Arnold has quoted very i n t e r e s t i n g example.

According t o him, "when t h e Muslim army reached t h e v a l l e y

of Jordan and Abu Ubaydah p i t ched h i s camp a t F i h l , t h e

C h r i s t i a n i n h a b i t a n t s of t h e count ry wrote t o t h e Arabs,

saying ' 0 Muslims, v»re p r e f e r you t o the Byzant ines , though

they a re of onr own f a i t h because you keep b e t t e r f a i t h with

u s and are more merc i fu l t o u s and r e f r a i n from doing us

i n j u s t i c e and your r u l e over u s i s b e t t e r than t h e i r s ,

(118)

24 for they have robbed us of our good and our homes",

Vlhen Jerusalem submitted to the Caliph Umar, the

following conditions were drawn up: "In the name of God,

the merciful, the compassionate. The following are the:

terms of capitulation, which I, Umar the servant of God,

the Commander of the Faithful, grant to the people and

their children, their churches, their crosses, and all that

appertains to them in their integrity, and their lands and

all of their religion. Their churches therein shall not be

impoverished, nor destroyed nor injured from among them;

neither their endovr\ents nor their dignity; and not a

thing of their property; neither shall the inhabitants of

Jerusalem be exposed to violence in following religion; nor 25

shall one of them be injured".

AJiTiold has cited one more case from the same period

of Umar. When the emperor Heraclius had raised an enormous

army with which he planned to drive back the invading forces

of the Muslims who had in consequence to concentrate all

their energies on the impending encounter, the Arab general

Abu Ubaydah, accordingly, wrote to the governors of the

conquered cities of Syria, ordering them to pay back all

the jizyah that had been collected from the cities and wote

to the people saying, "We give you back the money that we

(119)

took fran you as >je have r ece ived news t h a t a s t rohg force

i s ac3vancing a g a i n s t u s . The agreement between u s was t h a t

we should p r o t e c t you, and as t h i s i s not now in our power,

we r e t u r n you a l l t h a t we took . But i f we a re v i c t o r i o u s we

s h a l l cons ide r ou r se lve s bound t o y8u by t h e old t e n r s of

our agreement" . In accordance wi th t h i s o rder , enormous sums

were paid back out of t he s t a t e t r e a s u r y , and t h e C h r i s t i a n s

c a l l e d down b l e s s i n g s on t h e heads of the Muslims, s ay ing ,

"May God g ive you r u l e over u s again and make you v i c t o r i o u s

over the Ramans; had i t been they^ they would not have given

us back any t h i n g , b u t would have taken a l l t h a t remained 26

with u s " .

Hence, i t may be concluded t h a t the concept ion of

i n t e r n a t i o n a l law in Islam i s not of a temporary n a t u r e .

Muslim law of n a t i o n s , l i k e t h e o the r laws of Is lam, i s a

permanent i n s t i t u t i o n being o r i g i n a t e d frcm Divine guidance

- t h e Quran and Sunnah, I t i s a p?r,t of I s l amic i n t e r n a l

law, as o r i e n t a l i s t s themselves admit . I t i s merely an

ex t ens ion of t h e sacred law, the Shar iyah, designed t o govern

t h e r e l a t i o n s of Muslims with non-Muslims, whether i n s i d e 27

or o u t s i d e of t e r r i t o r y of I s lam. This i s why Muslim

J u r i s t s i n g e n e r a l v ^ i l e compil ing the Muslim law, d id

not wr i t e any s e p a r a t e t r e a t i s e on i n t e r n a t i o n a l law. I n s t e a d ,

they mentioned t h e s e laws along with t h e o ther laws r e l a t i n g

(120)

mar r i age , d i v o r c e , s o c i a l a f f a i r s , commerce, r e l i g i o u s p r a y e r s

and so on. They combined both the r e l i g i o u s and temporal r u l e s 28

and c o l l e c t e d a l l a t one p l a c e . The Is lamic Law of n a t i o n s

does not e x i s t as a s e p a r a t e system in the sense t h a t modern

munic ipa l (na t iona l ) law and i n t e r n a t i o n a l law, based on

d i f f e r e n t sources and mainta ined by d i f f e r e n t s a n c t i o n s , a re 29

d i s t i n c t f ron one a n o t h e r .

The Western and Muslim s c h o l a r s bo th have observed t h a t

I s l amic Law of n a t i o n s i s se l f - imposed system, the s a n c t i o n s

of %hich a re moral or r e l i g i o u s and b ind ing on i t s a d h e r e n t s . 30

I t i s n o t based e s s e n t i a l l y on r e c i p r o c i t y or mutual consent^

b u t a l l t he t r e a t i e s and t r u c e s with the non-Muslim s t a t e s in

t h e h i s t o r y of Islam were concluded with the consent of o the r

p a r t y . Thei r r u l e s , such as the exchange 6f p r i s o n e r s , d ip lomat ic 31

immunit ies and custom d u t i e s , were mutua l ly accep tab le t o

Muslims and non-Muslims.

J ihad and i t s Objec t ive t

Th^ ins tnament ^ i c h would u n i v e r s a l i z e t h e I s lamic 32

t e a c h i g s and would e s t a b l i s h God's sove re ign ty over the world

i s J i h a d . The J ihad in the bnoad sense of tJie term, did not

n e c e s s a r i l y c a l l f o r v io l ence or f i g h t i n g even though a s t a t e

of war e x i s t e d between I s lamic and non-Is lamic t e r r i t o r i e s . I n

t e c h n i c a l language, i t was an ' e x e r t i o n ' of o n e ' s own povger t o

(1^1)

fulfil a prescribed duty, and the believers' reconpense,

in addition to worldly material rewards, would be the achieve­

ment of salvation, for the fulfilment of such a duty means the 33

reward of Paradise.

The 1ihad may be regarded as a form of religious propa­

ganda that can be carried on by persuation or by the sword.

The jurists have distinguished four different ways through

which the believer may fulfil his jihad obligation* by his 34

heart; his tongue, his hands, and by the sword. It is an

undeniable fact that Islam never tolerates aggression from

its own side or from any other side, nor does it entertain

aggressive wars or the initiation of aggressive wars. Muslims

are commanded by Allah not to begin hostalities, or embark on 35

any act of aggression or violate any rights of others. Wi='r

is not the normal course of Muslims, it is only the last

resort and is used under most extraordinary circumstances

when all other measures fail. There is no such thing as 36

religious war to force Islam on non-Muslims. Even in the

propagation of Islam, a Muslim is not only forbidden to emply

force but is also conmanded to use the most peaceful methods,

because i^ Islam does not emerge from deep convictions, fran

within, it is not acceptable to jvllah*

(122)

"Invite (all) to the way of your Lord with wisdom

and beautiful preaching; and argue with them in

ways that are best and most graciousJ For your Lord

knows best who have strayed from His Psth and who 37

receive guidance".

Dr. Mahmud Shaltut, the late Shaikh of al-Azhar, has

discussed the nature and legality of religious preaching in

Islam in a very beautiful wanner. He concludes his cha0: er

on "The Nature of Islamic Mission" in the following pointst

1. In the nature of the Islamic Mission there is no

complexity, obscurity or unintellegibility that would require

the use of manifest or secret compulsion.

2. Ihe Islamic legislation, on the strength of the Book

of Allah, is not in conflict with Allah's principles of creat­

ion, which accounts for the fact tiat some people belief

whereas others do not. This principle consists in leaving

people free to choose for themselves on the basis of examin­

ation and conviction.

3. The Islamic legislation, also on the strength of the

Book of Allah, rejects, in plain and unambiguous words, the use

of compulsion as a means to proppgate religion, as do the

previous legislations.

(123)

4. The Prophet of Islam was responsible towards his Lord

only in so far as his missionary task was concerned. This task

has been expounded in both the Meccan and the Madinan parts

of the Quran. It consisted in communicating the Mission and

admonition. He was not -responsible for the conversion of people,

which might have induced compulsion and the use of force.

5. Allah's Book, the source of the Islamic Mission, does

not respect faith brought about by compulsion and it denies

its having any consequence on the Day of Resurrection. How

then can it enjoin compulsion or allow the use of it as a 38

means to conversion?

After expounding the Quranic verses of fighting in order

to understand their meaning and purpose and to learn their

relations to one an other, the aithor has summarised the whole

in the following conclusions*

1. There is no single verse in the Quran which could support

the opinion that the aim of fighting in Islam is conversion.

2. There are only three repsons for fighting, viz. to stop

aggression, to protect the Mission of Islam and to defend

religious freedom.

<124)

3 , In giving i t s p rescr ip t ions for f ighting the Quran did

not admit of av id i ty , se l f ishness anr" humiliation of the poor as

motives for i t , but intended i t as an instrument for peace

and t r a n q u i l l i t y and for a l i f e founded on ju s t i ce and equa l i t y .

4 . P o l l - t a x (or j i z y a h ) i s n o t a f i n a n c i a l c o m p e n s a t i o n f o r

t h e g r a n t i n g of o n e ' s l i f e o r p r e s e r v a t i o n of o n e ' s own r e l i g i o n

b u t a symbol of s u b m i s s i o n and d e s i s t a n c e from h a r m f u l a c t s 39

and a c o n t r i b u t i o n i n c a r r y i n g t h e b u r d e n s of t h e s t a t e .

A f t e r svunmariaing t h e p o i n t s , t h e a u t h o r h a s c l a i m e d

t h a t no body , now, can m a i n t a i n t h a t I s l am h a s t a k e n up f i g h t i n g

a s a means of p r o p a g a t i n g i t s M i s s i o n and a s an i n s t r f i m e n t f o r 4G 41

c o n v e r s i o n . He q u o t e s a Quran i c v e r s e t o p r o v e h i s i d e a s x

" A l l a h d o e s n o t f o r b i d you t o t r e a t k i n d l y and a c t

e q u i t a b l y toward t h o s e who have n e i t h e r f o u g h t you

i n t h e m a t t e r of r e l i g i o n nor d r i v e n you o u t of y o u r

homes . Indeed A l l a h l o v e s t h e j u s t " .

The w e s t e r n scholar^^ls^however^have e x p r e s s e d t h e

o p i n i o n t h a t t h e Muslims were m o t i v a t e d by r e l i g i o u s z e a l t o

s p r e a d I s l a m by f o r c e . They have d e f i n e d j i h a d as " t h e s t a t e ' s

i n s t r u m e n t f o r t r a n s f o r m i n g t h e d a r a l - h a r b i n t o t h e ' d a r a l -42

I s l a m " . Some w r i t e r s h?ive emphas ized t h e economic c h a n g e s

w i t h i n A r a b i a which p roduced d i s s a t i s f a c t i o n and u n r e s t and

(125)

i n e v i t a b l y led t h e Arabs t o seek more f e r t i l e lands o u t s i d e 43

Arabia^ b u t t h i s t heo ry by the o r i e n t a l i s t s themse lves ,

was r e j e c t e d on the ground t h a t " i t i s not enough t o

i n t e r p r e t e the c h a r a c t e r of a war permanently dec l a red

a g a i n s t the u i jbe l i evers even a f t e r t he Muslims had e s t a b l i s h e d 44

themselves ou t s ide Arabia.'". They have t r i e d t o a s c e r t a i n some

more f a c t o r s 'which c r e a t e d in the minds of t h e Muslims a

p o l i t i c o - r e l i g i o u s miss ion and condi t ioned t h e i r a t t i t u d e 45

as a conquering n a t i o n " .

Concept of t t e u t r a l i t y t

The O r i e n t a l i s t s a s s e r t t h a t t h e concept of n e u t r a l i t y

does not e x i s t in I s lamic law of n a t i o n s . They argue t h a t a

s t a t e of war e x i s t s between the dar a l - I s l a m and dar a l - h a r b

u n t i l former overcomes the l a t t e r s and t h a t t he peace t r e a t i e s

were regarded as b a s i s of t h e normal r e l a t i o n s h i p , between the

da r a l - I s l a m and the d^ar a l - h a r b . Based on these assumptions

i s t he o r i e n t a l i s t s ' con t en t i on t h a t n e u t r a l i t y had no p l ace 46

in I s lamic l e g a l o r d e r . Khadduri has marsha l led t h e l e g a l

c a s e s recorded in t h e Pi^h l i t e r a t u r e and t h e h i s t o r i c a l

expe r i ences of t h e Muslims a t the time of t h e i r p o l i t i c a l

expansion and m i l i t a r y s u p e r i o r i t y in suppor t of t h i s t h e o r y .

But the Quran, t h e Sunnah and t h e p r a c t i c e s in the pe r iod of

t h e Prophet and four -guided c a l i p h s e x p l i c i t l y show c o n t r a r y

(126)

way. In this respect the following verses of the Quran give

quite clear injuntions*

"If they hold off fran you, and do not fight you,

and offer you peace, then God assigns not any way 47

to you against them".

"God forbids you not, as regards those who have not

fought you in religions cause, nor expelled you from

your habitations, that you should be kindly to them,

and act justly towards them: surely God loves the 48

just".

The most important verse is the following in which

concept of neautrality is cle?«rly declared*

"How is it with you that there are two opinions among

you concerning the hypocrites, whereas Allah has turned

them back (to their fonner state) because of the evils

they have earned? Do you desire to show guidance to

him whom Allah has let go astray? You can not find

a path for him whom Allah has turned away from the

right pat . They really wish that you should also

become disbelievers, as they themselves are so that

both may become alike, so you should not take friends

from among them unless they migrate in the way of Allah;

(127)

and if they do not migrate them seize them wherever

you find them and stay them and do not take any of

them as fr iends and he lp l e r s . However, those hypocri tes

are excepted who jo in a people who are a l l i ed t o you

by a t r e a t y . Likewise, those hypocri tes are excepted

who come t o you end are averse t o fi.ghting e i t he r

against you or against t he i r own people. Had Allah

wil led. He would have given them power over you and

a lso would have fought against you; therefore i f they

leave you alone and d e s i s t from fighting against you

and make overtures for peace to you, in t ha t case

Allah has l e f t you no cause for aggression against

them. You wi l l a lso f ind another kinds of hypocr i tes ,

who wish to be at peace with you and a lso at peace

with t h e i r own people but who would plung into

mischief, wherever they get an opportunity for i t .

If such people do not remain neutral regarding you

nor make overtures for peace nor ^Qsist from f ight ing

against you, then seize them and s tay them wherever

you find them, for we have dfiven you A c lea r author i ty 49

to fight against them",

These verses of the Quran reveal that there might

be some groups or nations, inside the Islamic state or outside,

that may be immuned from 1ihad and regarded as neutral. Such

(128)

territories may be called 'dar al-hiyad or the world of 50

neutrality. Dr. Hamidullah has cited a number of cases and

treaties of neutrality in the time of the Prophet and Four-

Guided Caliphs. He has also admitted that as the Muslim

jurists do not treat the question a separate chapter, but

describe it's provisions partly in the laws of peace and

partly in the laws of war. It is not easy to glean all that

is relevant. He has also described that the laws of neutra­

lity had not so much developed in olden times as during this

century. Yet, the few passages he has come across in the

writings of Sarkhasy, the great commentator of shaybani, has 51

produced with added emphasis. A few cases are quoted belowJ

(a) When the Prophet migrated to Madinah, and constituted

thene a city-state, he took the initiative cf consolidating

Muslim power by entering into alliance with non-Muslim Arab

tribes living around Madinah, especially on the caravan-route

of the Meccans to and from Syria. The following treaty with a

chief of the Banu Damrah was concluded in the month of safar

of the year 2 H.

"He (i.e. the Prophet) will not attack Banu Damrah nor will

they attack him nor swell the troops of his enemies nor 52

help his enemies in any ways".

(b) Soon after, other families of the same tribe were

rallied, and a treaty of mutual aid and neutrality in particular

case was concluded!

(129)

"With the name of God, the compassionate, the Mercifulf

This is the writ of Muhammad, the Messenger of God, in

favour of the Banu Damrah, assuring them the security

of their persons and their properties; that they may

court on (his) help if anybody takes aggressive action

against them, except in case of fight in the name of

religion. This assurance is valid so long as a sea

wets the shells. Similarly, when the Prophet requires

it of them, they will help him? and they pledge for

that 6od and His Messenger. To help them will depend 53

upon their loyalty and piety.

(c) During the unrest of c^ostasy in some parts of Arabia,

on the death of the Prophet, a Yamanite chief, Qais, sent a

message to another chief Dhul Kuta, to the following effect*-

The Abna (i.e., the Persians domiciled in Yaman) are

but intruders in your country, and are come to you

from a foreign land. If you leave them (at your side),

they will dominate you also. Therefore I think it right

to kill their chiefs and to expell the rest from your

country.

Dhu al-Kuia and his partisans, however, refused this

and neither co-operated with him nor helped the Abna, but

remained neutral (i*tazalat), saying: we have no concern with 54

all this; do as you like.

(130)

(d) M - J a r u d had embraced Islam in Mad_inall« When the

Prophet d i ed , J a r u d ' s t r i b e , 'A a l - Q a i s , a l s o in tended d e f e c t i o n ,

He warned h i s people not t o do so, and consequent ly t h i s t r i b e

remained l oya l t o Islam and did not take p a r t in the s t r u g g l e

t h a t ensured between the Muslims of Bahrain and the r e s t of

t h e t r i b e s of Ratoijah. This n e u t r a l i t y of t h e i r s was of c o n s i -55

derable importance.

(e) When the c i t y - s t a t e of Madinah was c o n s t i t u t e d , t h s r e

were many Jewish s e t t l e n e n t s in the e a s t e r n suburbs of the Arab

c i t y . They a l s o adhered t o the confede ra l c i t y - s t a t e , and agreed

among o t h e r t h i n g s t h a t »

If they (the Jews) are c a l l e d upon t o j o i n a peace and

adhere t o i t , they w i l l do so and adhere t o i t . S i m i l a r l y

i f they ask i t , the same would be incumbent upon the

Muslims. The wars waged in the name of r e l i g i o n are 56

excep ted .

(f) It was probably in the year 5 H. that the Prophet

concluded a treaty of aliance and neutrality with the tribe of

Banu Abd ibn-'Adiy, regarding which our historians recordi

The Prophet received the deputation of the Banu Abd

Ibn 'Adiy... They said: o Muhammad*, we are the inhibitant

of the Holy Circle (around Mecca) and we are the mightiest

of all those who live there. We do not want to fight you •

a3i)

On the other hand, we ere prepared to help you

in your expeditions, except against the Quraish 57

of Macca. For we could not fight against the iraish.

Khadduri himself has admitted that "Islam voluntarily

refrained from attacking certain territories which were regarded,

whether in deference to their benevolent attitude toward the

Prophet Muhammad and his companions or because of their inacce-58

ssibility, as immune from the jihad." The author has the

opinion that Ethiopia, during the reign of Prophet, enjoyed a

unique position In the eyes of the Muslims and may be regarded

as the classic example of a non-Muslim state which Islam volun-59

tarily declared to be immune from the jihad. The assertion

that the concept of neutrality does not exist in Islam is,

therefore, wrong. -T'- .-International Treaties^

The international treaties are one of the important

sources of Islamic law of nations. The treaties, bilateral or

multilateral, obviously are binding only the parties thereto.

In connection with treaties, there are certain rules in Muslim

law vAiere performance or omission is left to the discretion of

the Individual persons (wi-ubah). Muslim jurists are of the

opinion that treaties of friendship should not be concluded

with non-Muslims for perpetuity. Generally, the jurists agree

that ten years should be the maximum period keeping in view

of the treaty of Hudayblyah. Suhaily, however, records that

(132)

the jurists of Hijaz sllov; peace for a r!efinite period, even

exceeding ten ye^rc provided the supreme ruler snd not any lecser 60

authority, agrees to it.

This is the nature of treaties concluded by Islam but

Orientalists generally have the opinion that 'the principles of

permanent hostality and the non-recognition of the existence of

any legal r elationships outside the realm oi: Islam leave no room

for any legal ties between the Islamic polity and the cannunities

of the surrounding infidel world'. They assert that the existence

of states in the dar al-harb, exercising actual supremacy in c ertain

areas, is a fact which does not at all concern the Ummah and has

no legal significance. The given reality of the co-existence of a

plurality of states - Muslims and non-Muslims - is considered by

the Islamic doctrine of internetional law as a transitional stage

which is only possible because the believers have not yet been 61

able to change this situation. The treaties concludec by the

Prophet and his pious caliphs, the injunctions revealed in the

Holy Quran, and the opinions of jurists related to the matter,

agreed the orientalists "to admit thpt there were some cases of

normal relations between the two and that the principles of jihad

was suspended though for a temporary period. They have justified

the situation saying that 'Temporary peaceful intercourse with

such communities might really be in the interest cf the Muslims'.They

(133)

f u r t h e r a s s e r t e d t h a t 'The complete b r i n g i n g i n t o p r a c t i c e of

t h e p r i n c i p l e of permpnent h o s t a l i t y would sometimes lead t o

c o n s i d e r a b l e d i sadvan tages for bo th s i d e s which might g ive r i s e 62

t o t h e wish for a l e a s t temporary normal r e l a t i o n s ' .

This i s a m a t e r i a l c a l c u l a t i o n t h a t has no concern t o

the s p i r i t of Islani and i t s h i s t o r y . The Prophet (P.B.U.H.)

concluded, immediately a f t e r h i s mig ra t i on t o Madinah, p a c t s

of mutual a s s i s t a n c e with the Jews and pagan t r i b e s around

Madinah. In a l l these t r e a t i e s of the e a r l y days of the I s lamic

s t a t e , t h e r e i s no t i m e - l i m i t . There are a l l u s i o n s in the Quran

t o many o the r t r e a t i e s of f r i e n d s h i p with non-Muslims without 63

any def ined d u r a t i o n . But in conf i rmi ty with a Quranic command,

the Prophet caused a d e c l a r a t i o n or proclaniat ion t o be made t h a t

a l l t r e a t i e s fo r def ined n e r i o d s should remain o p e r a t i v e dur ing

t h e c o n t r a c t e d t i m e . However, a l l t r e a t i e s concluded with pagans

fo r mutual h e l p fo r un l imi t ed pe r iod were denounced under the 64

Quranic i n s t r u c t i o n s with a n o t i c e of four months.

(13 4)

Footnotes and References

1. Oppenheiir, International Law^ Longmans. Green and Co. 1969,

Vol. I, p. 78.

2. Ibid., I, p. 79.

3. Ibid., p. 77

4. See for detail, Ebenstein, William, Great Political Thinkers;

Plato to the Present, 1960, Oxford and IBH Publishing Co.

Calcutta, pp. 77-79.

5. Draz, Muhammad Abdullah, 'Public International Law and Islam

in "The Islamic Literature", Lahore, vol. 2, No. 12, Dec.

1950, pp. 5-6.

6. Afzal Iqbal, Prophet's Diplomacy, Claude Alan Stark,

Massachausetts, 1975, Introduction, p. XXVI.

7. Hamidullah Muhammad, The First Written Constitution in the

World, Habib S« Co., Hyder±>ad, 1983, pp. 5-6.

8. Hamidullah Muhammad, Islamic Reyasat, Darul Quran, Delhi,

1988, f). 199.

9. Shaybani Mohammad, The Islamic Law of Nations, Eng. trans.

by Majld Khadduri, Baltimore, 1966, p. 56.

10. Ibid,

11. Ibdl., p. 57.

12. Ibid., Khadduri's introduction p. 4.

13. Ibid., p. 3.

(13 5)

14. It is interesting to note that Majid Khadduri has compared

the Islamic Law with the RxKsian Law in this concern. He

writes that the soviet Union, thirteen centuries after the

rise of the Muslim state, has developed a similar idea of

a world state, though of course different in nature, and

recognized modern international law only temporarily until

it could eventually achieve the ideal of world communism.

See T.A. Taracouzio, The Soviet Union and International Law

New York, 193 5, p. 10; John N. Hazard, "Cleansing soviet

International Law of Anti-Marxist Theories", American Journal

of International Law, vol. XXXII, 1938, pp. 244-52.

15. Khadduri Majid, War and Peace in the Law of Islam, Oxford

University Press, London, 1955, p. 45.

16. Ibid., p. 44.

17. The Quran, 2: 256.

18. The Quran, 18x29

19. T:he Quran, 5»1

20 . The Quran, 8«55-58.

2 1 . The Quran, 9« 3 -4 .

22 . see fo r t h e f u l l t e x t of t h e c o n s t i t u t i o n J Hamidullah Muhammad,

The F i r s t Wir t ten C o n s t i t u t i o n of t h e wor ld , o p . c i t .

2 3 . Hamidullah Muhammad, Majmuat al-Wasaiq a l - S i y a s i y y a h l i a l -

Ahd aX-Nabawi wa a l -Kh i l a fah a l -Rash idah , Ca i ro , 1941,

pp . 81-82, Cf. Watt , W.M. Muhammad a t Medina, Oxford, 1956,

p p . 359-60, for i t s Engl ish r e n d e r i n g .

(136)

24. Arnold, T.W., The Pregchlncr of I s Ian , Westminster , 1996 ,p .49 .

25 . I b i d . , p . 5 1 .

26 . I b d i . , p p . 55-56.

27. Khadur Majid, I s lamic Law of Nat ions , o p . c l t . , p . 6 .

28. Hamldullah Muhammad, Khutbat e-Bahawal PUr, o p . c i t . , p . 121.

29 . Khadduri Majld, I s lamic Lav of Na t ions , o p . c l t , p . 6 .

30 . I b i d . , p . 6; Hamldullah Muhammad, Khutbat-e-Bahawal Pur

o p . c l t . , p . 121.

3 1 . See for d e t a i l e d s tudy on t h e s u b j e c t , Pahad Obaldul lah ,

P r i n c i p l e s of Dlplcmecy In Islam, an unpubl ished d i s s e r t a t i o n

submit ted fo r t h e degfee of M.A. (in l i e u of two 'papers ) in

A l lga rh Muslim U n i v e r s i t y in 1986.

32 . I t i s t h e u l t i m a t e aim of Islam t h a t would be achieved by the

I s lamic s t a t e . This i s not merely a duty f u l f i l l e d by each

I n d i v i d u a l , i t i s a l s o a p o l i t i c a l o b l i g a t i o n Imposed c o l l e c t ­

i v e l y upon the s u b j e c t s of t h e s t a t e . See for d e t a i n

A l - S h a f l l , Abu Abdullah Muhammad b . I d r i s , Ki tab a l - R i s a l a h ,

e d . Ahmad Mahammad Shaklr , Engl ish t r a n s . Khadduri, I s l amic

J u r i s p r u d e n c e : S h a f f i ' s R i s a l ah , Bnlt lmore 1961, pp . 82-86 .

3 3 . Khadduri Majld, The I s lamic Law of Nat ions , o p . c l t . , p . 15.

34. See Ibn Hazm, Kitab a l - F a s t f i a l - M l l a l wal Ahwa wal Nlhal ,

Ca i ro 1321, A.H., v o l . IV, p . 135.

35 . The Quran, 2 i l 9 0 - 1 9 3 .

36 . The Quran, 2 :256 .

(137)

37 . The Quran, 16x 125; 26 i46 .

38 . S h a l t u t , Mahmud, 'Quran and Fight ing* in P e t e r s Rudolph,

J ihad in Medieaval and Modern Is lam, Leiden 1977, p p . 37-38 .

39 . I b i d . , p p . 50 -51 .

40 . I b i d . , p . 5 1 .

4 1 . The Quran, 6 0 i 8 .

42 . Khadd\jri Majid, Vfar and Peace in t h e Law of Is lam, o p . c i t . ,

p . 53, 64 and a l s o by the same author •Islam and I n t e r n a t i o n a l

Law' I^e I s lamic L i t e r a t u r e , Lahore, v o l . I l l No.1 pp . 19-22.

4 3 . Becker, Car l H. , The Cambridge Medieval H i s to ry , Camrbdige,

1913, v o l . 11 , p p . 329.

44 . Khadduri Majid, The War and Peace in the Law of Is lam,

o p . c i t . , p . 6 3 .

4 5 . I b i d . , Here, the author has combined t h e u n i v e r s a l chi^racter

of Islam t o i t s concept of J i h a d . To him, t h e U n i v e r s i t y of

Islam provided a u n i f y i i ^ e l e n e n t fo r a l l b e l i e v e r s , wi th in

t h e world of IsIan and i t s de f ens ive -o f f ens ive c h a r a c t e r

produced a s t a t e of war fa re . Thus he t a k e s j i h a d as an

. . ins t rument for p r e a c h i n g .

46. Khadduri Majid, I s lamic Law of NatioNS, o p . c i t . , p p . 17-19.

47 . The Quran/ 4 i 9 0 .

4 8 . The Quran, 6 0 i 8 .

4 9 . The Quran, 4 :88-91 cf . 8»58-60, 59 :11-12 .

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50. Modern Muslim s c h o l a r s use t h e word 'hiyadah for n e u t r a l i t y .

P r e - I s l a m l c and e a r l y - I s l a m i c J^rabs employed t h e term i t i z a l .

Though t h i s term now a p p l i e s only t o a p a r t i c u l a r school of

Muslim p h i l o s o p h i c a l and the t h e o l o g i c a l though t , even i t s

s c h o l a s t i c sense was suggested by the n e u t r a l a t t i t u d e which

t h e M'u iaza l l t i es adopted towards bo th t h e Sunnis and t h e

K h a r i j i t c s . See. Hamidullah Muhaijuriad, Muslim conciuct of S t a t e ,

Muhammad Ashraf, Lahore 1945, p . 277.

5 1 . I b i d . , p p . 286-297.

52 . I b i d . , p . 287.

5 3 . I b i d .

54. I b i d . , p . 288.

55 . I b i d .

56 . I b i d . , p . 289.

57. I b i d .

58 . Khadduri Majid, War and Peace in the Law of Is lam, o p . c i t . , p . 2 5 2 .

59 . I b i d . , chap te r 22.

60. Suhaily, al-Rawdh al Unuf. vol. II, p. 229, quoted by

Hamidullah, Muslim Conduct of State, op.cit., p. 261.

61. Kruse Hans, The Islamic Doctrine of International Treaties,

The Islamic Quarterly, London, vol. I, No. 3, Oct. 1954,p. 154.

62. Ibid., Majid Khadduri has expressed the same speculations and

assximptions. See for detail. War and Peace in the Law of Islam,

op.cit., chap. 18.

(139;

6 3 , The Quran d e c l a r e d t "A declr>ratlon of immunity frcm God

and His Apost le t o those of t h e pagans with whom ye h?>ve

c o n t r a c t e d mutual a l l i a n c e s . Go ye , then , fo r four months

backwards and forwards , (as ye w i l l ) throughout the l and ,

b u t know ye t h a t ye can not f r u s t r a t e God by your fa l sehood ,

b u t t h a t God w i l l cover with shame those who r e j e c t Him".

( 9 a - 2 ) .

64. Hamidullah, Muslim Conduct of State, op.cit., pp. 2 59-260.

C O N C L U S I O N

Conclusion

•Islamic s tudies , •Islamology* and 'Islamics* are terms

coined by western scholars and refer to a pa r t i cu l a r methodology:

empericism vAiich aims to study Islam as i t i s found and prac t i sed

in the Muslim World today. Empiricism i s today ' s par excellence

method widely pract ised by Vtestern as *iell as westernized scholars.

By applying t h i s method one does not s t r i ve to understand Islam

as i t i s presented in the Quran and the Sunnah but the Muslim

r e a l i t i e s as they e x i s t in today 's world. These so-cal led Muslim

r e a l i t i e s , as can be eas i ly imagined, are not per fec t ly in

consonance with the p r i s t i n e teachings of Islam; hence to c a l l

them Islam or purely Islamic would be erroneous end misleading.

Prof. Ismail Rajl al-Farooqi has explained the point as follows^

Islam being a normative realm of values i s

d issociable from r e a l i t y t ha t i s Ident i f ied with i t .

Islam i s not the Muslim's theologica l , aes the t ic or

other system but t h a t wbich a l l tiese s t r i ve to r e a l i z e

. . . Any c r i t i c i sm therefore , di rected to t ha t r e a l i t y

can not ever d i s c r e d i t Islam.^

Al-Farooqi*s statement i s not only c r i t i c a l of Western

methodology of empiricism but also brings in to focus the cordinOL

pr inc ip le of Islamic eplstemology. Islam can be, and should be,

studied and understood only as a transcendent i dea l .

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However, western scholsrs as >jell as Westernized Muslim

intellectuals insist on the use of the methodology of empiricism

to understand and explain Islam. However, it is crystal clear

that empirical method is alien to Muslim culture - incapable to

explain Islam. It came in the Muslirr World alongvd.th Western

colonialism. Colonialism did not simply mean political supremacy,

rather it also meant cultural as well as intellectual domination

of the West or the imposition of western academic traditions on

subject - races. Tnls was the aim of much maligned Orientalism

and the same lies at the heart of much applanded discipline

of 'Area study*.

Orientalism has been performing two functions down the

ages: first to prove that Western civilization is superior to

all other h\iman civilizations and consequently in a position to

pass value judgements about other civilizations; second to make

Biblical tradition (as understood by Christians) normative of

all forms of 'monotheism', particularly Islamic one. Inherent

in this claim of Orientalism is the fact that Islam and Muslims

are outsiders of Western civilization and consequently incapable

of making any contribution to 'civilization'. A scholar hailing

from Western culture, say an Orientalist, therefore, is so

prejudiced that he can never be a participant in any meaningful

enterprise that aims to study Islam in a proper way but will

remain a mere observer. Moreover, the so-called epistemology of

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Orientalism has not been only normative but also a tool for

Western self-understanding. To understand this point more

clearly one needs only to study seriously the following words

of an ancient Orientalist, Gustave Von Grunebaumi

•'To cultural research intended to deepen the self-under­

standing of Western civilization the consideration of

Islam commends itself on these groundsx-

1. Islam presents the spectacle of the development of

a world religion in the full light of history.

2. It presents the further spectacle of the widening of

this religion into a civilization.

3. In the development of this Islamic civilization foreign

cultural traditions were absorbed, modified and again

eliminated. Seme of these traditions have also gone into

the making of the west. Thus, the growth and decline of

Islamic civilization... illuminate almost dramatically

the process of cultural interaction and cultural trans­

formation, as well as the concept of cultural influence

as such.

4. Islamic civilization constitutes a complete system

of thought and behaviour growing out of a fundamental

impulse and envolving man in all his relations - to God^

the universe and himself. This system is both close enough

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t o the western view of the world to be i n t e l l e c t u a l l y

and emotionally understandable and su f f i c i en t ly for

removed from i t t o deepen, by contras t / the sel f -2

in te rp re ta t ion of the west".

Clearly Orientalism or the so-cal led academic and empiri^cal

methods for studying Islam mainly serve as a tool for the self-

understanding of the Vfest. Besides, being of means for Western

self-understanding, i t has been vocally an t i - I s lamic and

missionary-minded. I t i s therefore , re jected even by the most

secularized sect ions of the Muslim soc ie ty . However, there i s

no denying the fact tha t Orientalism has found followers among

some super f ic ia l Muslim scholars teaching Islam at some cent res

of Islamic s tud ies both in the west and in the East .

Orientalism and i t s off-spring — the Area Study - may not

pose a serious challenge t o Muslim i n t e l l e c t u a l s . But thene has

emerged a new methodological paradigm with l e f t i s t learning

which ce r t a in ly meri ts t o be careful ly studied and sc ru t in ized .

Infact , the Marxists have evolved over the years t he i r own

methodology in order to study Islam, i t s cu l tu re and h i s t o r y .

This method has two major cha rac t e r i s t i c s* f i r s t , i t unl ike

Oriental ism's Occidental ethnocentrism, claims to profess an

uncompromist.ng u n i v e r s a l i s t and humanitarian vision and has done

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well to break the spell of Orientalism; second, it offers a

new methodological approach, based on the doctrine of dialectic

materialism for studying the phenomenology of religions

including that of Islam. Being a Marxist methodology it is

ruthlessly totalitarian in its outlook, hence more dangerous.

While the first aspect of this new Western methodological

paradigm is a welcome development, its second aspect is venom­

ously hostile towards Islam or to all ideologies with a spiritual

vision and world view. For Marxists do not believe in any

metaphysical reality or deny transcendent ideals to play any

role in human history. It is thea obvious that Islam with its

uncompromising pre-occupation with a supreme transcendent

reality that in fact shapes the destiny of the history of man­

kind can never be properly appreciated oo: apprehended by the 3

Marxist Scholars of Islam.

This was an analysis of what Orientalists had contributed

to Arabic and Persian studies. But it is greatly to be regretted

that they have done very little so far to systematize Muslim

Political thought. The result is that the Western writers on

political theories, after dealing with the classical epoch and

the Christian Fathers pass on to v*iat little there was in

European political philosophy in the thirteenth and fourteenth 4

centuries.

(145)

No doubt, tKere are Muslim Political thinkers who have

been dealt with at some length in connection vrLth earlier or

later political thought. Professors like Flint, Rosenthal,

Gibb, watt, Lainbton have rightly given a fairly large plsce

to them. Ibn Abi al-Rabi, Farabi, Mawardi, Nizamul Mulk Tusi,

al-Ghazali, Shah Waliullah, Afghani and others are being studieeC

discussed and analyzed. The Prophet of Islam himself was written

by most of the western scholars. Almost every Orientalist has

at one time or another tried his hand on this subject. Montgomery

Watt's contribution in this regard, has been remarkable for

attempting to compensate the ancestors' shortcomings. His command 5

of the fact and his interpretations are admirable.

These facts are unignorable. But the lack of systematiza-

tion in Islamic ^litical "iSieory depended basically upon the

Quran and sunnah, and of evolving a political system focussing

mainly on the practices of the Prophet and his four Right-

Guided Caliphs is clearly apparent. The Western scholars did

not pay their serious attention towards a comprehensive syste­

matic approach in this field. They have collected material on

the theme from here and there in their scattered works. Ihe

concept of linamat, functions and duties of the ruler and the

ruled and so on are discussed in a hurried way and sketchy form.

It is the duty of Hislim scholars to achieve a clear,workable

concrete framework of the Islamic political system and its

relationship to the external world. They 'should realize that

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adhoc and accidental reflections on the issues of Muslims Social

life and system are no longer enough. They have to create Islamic

human and social sciences. They have to systematize the goals and

methods of their concerns and studies o- Islamic life. They have

to concern theirselves in their studies with the facts of social

life and vdth its nature and interactions as much as 'with Islamic 6

texts and regulations".

In this study, a brief survey of the history of Orientalism,

its origin and development, it's various phases and an appraisal

of its valuable contribution to Islam is given to understand,

evaluate and analyse the theme. Chapter I discusses the

orientalism and tries to explain the motives and objectives

laying behind it. A close study of the history shows that the

entire claim to objectivity, academic method, and impartiality

as their main features is wrong. It has been pointed out that

for a person working on Islamics, avx expertised knowledge of

Arabic is essential. Whereas, a very few Orientalists fulfil

this basic requirement.

The second chapter analyses the western studies on the

politics of the Holy Prophet. It is an universal fact that the

orientalists successfully introduced the Prophetic politics in

the academic world. Their works on the politics of the Muhammad

(P.B.U.H) are referred to in Muslims writings also. They

(147)

employed modern research techniques and their works were widely

recognized. But they introduced the Prophet as a successful

statesman rather than a messenger of Allah. It is beyond their

comprehension to see in Muhammad a divinely inspired Prophet.

To them, he was a political ruler, a military strategist and

a statesman in terms of the modern world.

Furthermore, in their opinion, the Prophet of Islam had

no stronger position than a chief of a tribe in the pre-Islamic

period. Muhammad (P.B.U.»H) , in their opinion, was not the chief

of the Ummah. They have raised questions on the Holy expeditions

too and have tried to see them through the miror of economy.

They have also charged against him that he persecuted the Jews

and decided their expulsion and extermination. All these charges,

as have been explained, are basically wrong and the history of

Islam hots beett misinterpreted and Tnttconcluded.

In the third chapter, the western works on the nature,

objectives and functions of the Islamic state are examined. It

is amazing that the western scholsrs are biased and prejudiced.

They are not prepared to accept, introduce and analyse the

political structure of Islam. They, due to their own reasons,

feel a threat to their own political system from the emergence

of Islamic government in any region of the world. Consequently,

they have tried to prove that Islam is anti-modernism and gives

(14.8)

birth to an aimless revolution. They argue that Islam could not

evolve any definite shape of government and that Quran did not

solve the constitutional problan of succession to leadership, and

that no clear precedent for the method of consultation emerged

in the early choices of caliphs and the Islamic world was soon

plunged in to a civil war. This chapter has refuted all these

objections. The Quranic verses. Prophetic traditions and the

practices of four 'rightly-guided' caliphs have been cited to

reject the Orientalists' charges.

In the last chapter. Orientalimits'contributions on

Islamic International Law and diplomacy have been discussed.

Most of them have tried to give an impression that Islam does

not believe in international legal regime and have categorized

it as 'Dark Age'. Nonetheless, an Iraqi Christian Prof. Majid

Khadduri has done a valuable work entitled "The War and Peace

in the Law of Islam". He, commendably, has introduced the

first Muslim writer on international Law, Shaybani, he says,

was the Hugo grotuis of Muslims. His work 'Sharh al-Siyar al-

Kabir' was first introduced and translated in English by the

same non -Muslim scholar. Yet, the scholar has tried to prove

that the Islamic International Law is of temporary nature. T he

Western scholars on the subject have observed that Islamic

Law of nations is self imposed system, the sanctions of vhich

are moral and it does not base on reciprocity or mutual consent.

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They a lso t r i e d to underestirnete the concept of j ihad . In

t h e i r opinion jihad is the s t a t e ' s instrurrent for transforming

the non-Muslim countr ies into Islamic one. FurtVier, to them,

the concept of neu t r a l i t y does not ex i s t in Islam. They have

concluded t h a t the p r inc ip les of permanent hos t a l i t y ar.c] non-

recognit ion of the existence of any legal r e l a t ionsh ip outside

the realm of Islam leave no room for any legal t i e s between

the Islamic and non-Muslim s t a t e s .

In th i s study, a t t enp t has been made to prove that Islamic

law of hation has i t s permanent feature and the Muslim j u r i s t s

have studied the subject as the proper permanent i n s t i t u t i o n .

This/shows t h a t , though Islam des i res the whole world to come

under i t s banner, i t does not mean that i t does not recognize

other r e l ig ions and does not permit other nations to l i ve ,

progress and advance f reely and independently. This study has

shown tha t a l l the t r e a t i e s and agreements in the h i s to ry of

Islain, were concluded by mutual consent and Quran i t s e l f ,

guides in th i s d i r ec t i on . Ihe concept of j ihad has also been

explained and argued in the l i g h t of Quranic teachings . Islam

permits no compulsion in re l ig ion and leaves every man to

choose h i s way himself. Scane h i s t o r i c a l cases of Islarcic t o l e r ­

ances and protect ion of other r e l ig ious communities in Islamic

s t a t e have been c i ted in t h i s chapter . The concept of neu t r a l i t y

has also been discussed.

(150)

In order to have a c lear understanding of Islciv»*»cpolity

in fac t , one needs to see Islam in Islamic mir ror . Is lam's

mirror , as can be imagined, i s the Quran and sunnah. Islam i s

more than the siom t o t a l of Muslim thought and experience. The

main sources of Islamic p o l i t i c s are always beyond the contingencies

of time and space and could not pre-occupy themselves exclusively

with the a f fa i r s of the Muslim community. We must look for guid­

ance t o no other sources than the Quran and Sunnah and to r e ly

on no author i ty than the e x p l i c i t 'word' of Gai and the e x p l i c i t

teachings of His l a s t Prophet,

Foot notes and References

2 , i^uotf'.'j i n , Afkar I n q u i r y , London, A p r i l 1936, p . " 3

2. Quoted by Manzoor Pervez* l^fkar Inquiry, London, April 1986,p.34.

3 . See for d e t a i l . I b id . , pp. 3 3-38. The study of h i s to ry has been

employed in the modern West as a method of philosophical contonp-

l a t i o n . Other cu l tu res , other c i v i l i z a t i o n s have thus been s tudie*

for enhancing the aelf-understanding of the Western man. For a

de ta i l ed study of the theme, see the same author, the same

magazine, January 1985, pp. 39-46.

4. This s t a t e of a f fa i r s i s wcrth noting even in such f a i r l y

de ta i l ed works as Dunning, P o l i t i c a l Theories> Ancient and

Medieval, New York, 1930.

5. Tibawi, A.K., English-Speaking O r i e n t a l i s t s - A Cri t ique of

t he i r Approach to Islam and Arab Nationalism, o p . c i t . ,

pp. 59-60.

6. Abu Sulayman, Abdul Hamld A., The Islamic Theory of I n t e r ­

nat ional-Relat ional Ifew Directions For Islamic Methodology

and Thought, In terna t ional I n s t i t u t e of Islamic Thought,

U.S.A., 1987, p . 83 .

A P P E N D I X

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APPENDIX

TRANSLATION OF THE TEXT OF

THE CONSTITUTION OF MADIKpVH

With the name of God, the Most Merciful, the All-Merciful

1. This is a prescript (kitab) of Muhammad, the Prophet (the Messenger of God J to operate among the Faithful Belie* vers (mu'minin) and the Submissive to God (muslimin) from among the Quraish and [the people of ] Yathrib and those who may be under them and join them, and take part in wars in their company.

2. Verily they constitute a political unit (ummah) as dis­tinct from all the people (of the world).

3. The Emigrants from among the Quraish shall be (res­ponsible) for their ward (rab'ah) ; and shall pay their blood* money in mutual collaboration, and shall secure the release of their prisoners by paying their ransom themselves, so that the mutual dealings between the Believers be in accordance with the principles of recognised goodness (ma'ruf) and justice.

4. And the Banu 'Awf shall be responsible for their ward, and shall pay their blood-money in mutual collaboration as herjBtofore: and every group' shall secure the release of its own prisoners by paying their ransom themselves, so that the dea­lings between the Believers be in accordance with the princi­ples of recognised goodness and justice.

6. And the Banu'l-Harith shall be responsible for their ward, ana shall pay their blood-money in mutual collaboration as heretofore; and every group- shall secure the release of its own prisoners by paying their ransom themselves, so that the dealings between the Believers be in accordance with the prin­ciples of recognised goodness and justice.

I

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6. And the Banu Sa'idah shall be responsible for their ward, and shall pay their blood-money in mutual collaboration as heretofore; and every group shall secure the release of its own prisoners by paying their ransom themselves, so that the dealings between the Believers be in accordance with the prin­ciples of recognised goodness and justice.

7. And the Banu Jusham shall be responsible for their ward, and shall pay their blood-money in mutual collaboration as heretofore; and every group ""' shall secure the release of its own prisoners by paying their ransom themselves, so that the dealings between the Believers be in accordance with the prin­ciples of recognised goodness and justice.

8. And the Banu'n«Naijar shall be responsible for their ward, and shall pay their blood-money in mutual collaboration as heretofore; and every groupl ' shall secure the release of its own prisoners by paying their ransom themselves, so that the dealings between the Believers be in accordance with the principles of recognised goodness and justice.

9. And the Banu 'Amr ibn 'Awf shall be responsible for their ward, and shall pay their blood-money in mutual collabo­ration as heretofore; and every group ' shall secure the release of its own prisoners by paying their ransom themselves, so that the dealings between the Believers be in accordance with the principles of recognised goodness and justice.

10. And the Banu'n-Nabit shall be responsible for their ward, and shall pay their blood-money in mutual collaboration as heretofore; and every group'Shall secure the release of its own prisoners by paying their ransom themselves, so that the dealings between the Believers be in accordance with the prin­ciples of recognised goodness and justice.

11. And the Banu'l-Aws shall be responsible for their ward, and shall pay their blood-money in mutual collabo­ration as heretofore; and every group<< shall secure the release of its own prisoners by paying their ransom themselves, so that the dealings between the Believers be in accordance with the principles of recognised goodness and justice.

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12/a And verily the Believers shall not leave anyone hard

pressed with debts, without helping ' him in recognised good­

ness with regard to ransom or blood-money.

12/6. And no Believer shall oppose the client of another

Believer against him (i.e. this latter).'

13. And verily the [hands of- ] pious Believers shall be raised against [every « ] such person as rises in rebellion or attempts to acquire anything by force, or is guilty of any viola­tion of pledge or excess or attempts to spread mischief among the Believers ; and verily their hands shall rise all together against such a person, even if he be son of anyone of them.

14. And ' no Believer kills (yaqtulu) another Believer in retaliation for an unbeliever {kafir), nor helps (jansuru) an unbeliever against a Believer.

16. And verily the protection (</AimmaA) of God is one; the humblest {adna) of them (i.e. of the Believers) can. by extending his protection to anyone, put the obligation on all of them ; ' and verily the Believers are brethren to one another (mawali) as against all the people (of the world).

16. And verily those who will obey us from anrwng the Jews will have help'' and equality ; neither shall they be opp­ressed nor shall any help be given against them.

17. And verily the peace of the Believers shall be one ; [an^ '• ] if there be any war in the path of God, no Believer shall make any peace (with the enemy) apart from other Belie­vers, unless it (i.e. this peace) be the same and equally binding on all.

18. And verily every detachment that will fight on our side will be relieved by turns.

19. And verily the Believers as a body shall take ven­geance for each other of the bloodshed in the path of God.^

20/a. And undoubtedly the pious Believers are the followers of the best and the straightest guidance.

20/A. And no Polytheist {mushrik Arab subject) gives any protection to proprarty and to life of any Quraishite, nor he comes in the way of ' ' any Believer in this matter.

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21. And verily if anyone intentionally murders a Believer and it is proved, he shall be killed in retaliation, unless the heirs of the rriurdered person agree [to blood-money ° ] ; and verily all the Believers shall actually stand for this, and nothing else shall be lawful for them to do.'

22. And verily it is not be lawful for any Believer, who has accepted the contents of this document (sahifah) and has faith in God and in the Last Day, to give help or protection to any murderer (muhdUh- ) ; and verily whoever gives help or ptolecWon to such a person, God's curse and wrath shall be on him on - the Day of Resurrection, and no expense or compen­sation will be accepted from him (i.e. from the protector of the murderer to exonerate him).

23. And whenever ye differ about anything, its reference * ' shad be to God and to Muhammad.^'

24. And verity the Jews bear (their) expenditure along with the Believers so long as they fight in conjunction.

25. And verily the Jews of the Banu 'Awf" shall be con­sidered as a community (ummah) along with'' the BelievKs,

for the Jews being their religion and for the Muslims^* their religion, be one client or original member of the tribe ; but whosoever shall be guilty of oppression or" violation (of treaty), shall put to trouble none but his own person and the members of his house (ahl-bait).

26. And verily the Jews of the Banu'n-Najjar shall have the same rights as the Jews of the Banu 'Awf.

27. And verily the Jews of the BanuM-Harith shall have the same rights as the Jews of the Banu 'Awf.

28. And verily the Jews of the Banu Sa'idah shall have the same rights as the Jews of the Banu 'Awf.

29. And verily the Jews of the Banu Jusham shall have the same rights as the Jews of the Banu *Awf.

30. And verily the Jews of the Banu'l-Aws shall have the same rights as the Jews of the Banu 'Awf.

31. And verily the Jews of the Banu Tha'labah shall have the same rights as ihe Jews of the Banu 'Awf' ; but who­soever is guilty of oppression and violation of treaty puts to trouble none but his own person and the members of his house.

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32. And verily the Jafnah is a branch of the (tribe of) Tha'labah, even like them.*°

33. And verily the Banu'sh-Shutaibah shall have the same rights as the Jews of the Banu'Awf; and verily there shall be fulfilment and not violation.*^

34. And verily the client of the Tha'labah shall have the same rights as the original members.*'

35. And verily the sub-brancbes (bitanah) of the Jews shall have the same rights as the principal members.

36/a. And verily none of them goes out (on a military expedition) except with the permission of Muhammad.

36/6. And verily no obstruction shall be placed in the way of (anyone's) retaliation of a wound ; and whosoever sheds blood shall be personally responsible for it together with the members of his house, or else (i.e. to do otherwise) it will be injustice ; and verily God is along with those who observe this most scrupulously. *

37/a. And verily the Jews shall bear their expenses (of war) and the Muslims shall bear their expenses ; and verily there shall be aid between them as against^Mhose who fight the parties (ahl) to this document (sahifah), and there shall be sincere counsel and well-wishing between them ; and there shall be fulfilment (of pledge) and not violation.

37/6. And verily no one violates the pledge of his ally (hali/J ; and verily help-' shall be given in favour of the oppressed.

38. And verily the Jews bear (their) expenditure along with the Believers so long as they fight in conjunction."

39. And verily the valley fjawf) of Yathrib' shall consti­tute an inviolable territory' for the parties to this document (sail if ah).

40 And verily the protected person (Jar) shall be consi­dered just like the original member (i.e. who has given protection) ; neither shall he (the protected person) be harmed, nor shall he himself violate the pledge.'°

41. And verily no refuge will be given (i.e. by the protec­ted person to others) without the permission of the original people of the place.''

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42. And verily if any murder (hadath) or quarrel" take* place between the parties to this document (sahifah), from which any trouble may be feared, it shall be referred to God and to Muhammad, Messenger of God, may God incline lo him and protect;" and verily God is the guarantee of the most faithful scrupulous observance of the contents of this docu­ment.

43. And verily the Quraish shall be given no protection nor those who help them.-

44. And verily there shall be aid between them (i.e. the Muslims and the Jews) against those who invade Yathrib.^-

45/a. And if they (i.e. the Jews) are invited to a peace to participate in and to adhere to it, they participate in and adhere to it: and verily if they invite likewise, the same shall be incumbent upon the Believers in their favour, excepting one who fights for the cause of religion.^'

45//). On every group shall rest the responsibility for the part' [of the city ?] which faces them.

46. And the Jews of al-Aws, clients as well as original members, shall have the same rights as the parties to this docu­ment (sahifah), with the purest fulfilment with regard to the parties to this document; and verily there shall be fulfilment and not violation; '•« no evil-doer earns anything except against

his own self; and verily God is the guarantee of the most truth­ful and most scrupulous observance of the contents of this document.

47. And verily this prescript (kitab) shall not protect any oppressor or violator of pledge ; and verily whoever goes out (on a military expedition) shall have security, and whoever stays in Madinah shall have security, except onewho commits oppression and violation of the pledge ; and verily God is the protector of those who fulfil and observe the pledge scrupu­lously, even as Muhammad, Messenger of God—may God incline to and protect him—is (i.e. the protector).-

^"rih^^^^''^^''" ^^^ ^ ^ ^ written Constitution The .vorlc, HyderaW-.^, 1983, pp. 26-34. ; in

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