Wednesday, November 10, 2010

RE: USA Africa Dialogue Series - Re: MUHAMMED,CHILD MARRIAGE AND ISLAMIC CIVILIZATION

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Date: Wed, 10 Nov 2010 04:13:54 -0800
From: afism3@yahoo.com
Subject: Re: USA Africa Dialogue Series - Re: MUHAMMED,CHILD MARRIAGE AND ISLAMIC CIVILIZATION
To: usaafricadialogue@googlegroups.com

dear prof Cornelius...an aspect of Islamic studies which is usually referred to as Jurisprudence is known in Arabic as Fiqh...Literally the word means Understanding. Those who have gone through the rigours of training in Islamic studies broadly defined and have read through the multiplexity of texts which engage with the Quran and the exemplififcation of same by the Prophet are usually referred to as Fuqaha, sing. Faqih. The vocation of the Faqih, includes  that of endeavouring to transmit Islamic writs from texts to different contexts. Two major texts are being referred to here, the Quran and the Hadith/Sunnah. Whereas the latter contains, as i mentioned before the verbal/practical enunciation of Quranic ideals by the Prophet of Islam, it does not occupy the same position as the former. Contemporarry Mulsim scholars, like those who preceded them during the classical/medieval period, have written and continue  to write encyclopedic works all in the attempt to distil the  true sayings  of Prophet from those imputed to him by his biographers and recorders. In other words, whereas the Quran is believed by Muslims all over the world as being sacred and valid, consensus exists among scholars that not all statements credited to Prophet Muhammad upon him be peace were actually made him.
Again, viewed broadly, matters affecting Muslim daily life are traditionally divided into two: the fundamentals (USul) and the branches (Furu). Whereas the Quran provides BASIC PRINCIPLES for the first, authenticated Hadith/Sunnah of the Prophet contains enunciation of the second. Whereas Muslims Jurists, including Maliki and others could step-into matters affecting the Furu, there is no allowance, and there has never been, for any Muslim scholar to step into the Usul. Put differently, arguments and disagreement can exist among Muslim jurists over whether a man may marry his daughter out at ten,there can never be a disagreement among Jurists over their understanding of the fundamental position that observance of the five daily prayers occupies in Muslim spiritual weltanchaung.
With reference to the specific issue at hand, again this fall between the Usul (Fundamental) and the Furu (branches) of matters in Islam. Women that may be married from the purview of Islam may divided into two: virgins and divorced/widows.. With reference to the latter, Allah says in Quran:

"O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may take away part of the dower [money given by the husband to the wife for the marriage contract] ye have given them, except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good (Quran 4: 19).



The above verse, as is evident, refers to women who were previously into marriage. it was revealed at a time when women were usually inherited as part of the estate of their deceased husbands.
Now this verse appears to be silent on virgins. Yes. But inherent in it is a principle: No Forced Marraige. Thus the following hadith of the Prophet steps in:

"A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (may peace be upon him): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence."

Now, why would Jurists permit such a trend given this textual evidence? Answer lies, as contributors have suggested before, in the contexts in which each of the Fuqaha were living then. the same thing applies to marriage of the minor. There are more than five schools of Jurisprudence in Islamic law all of which either permit this trend or negate it depending on the culture in which they domiciled. Contexts, insofar as they do not infringe on the USul (the fundamentals) in Islamic Jurisprudence is usually referered to as Adah or Urf (customs). they hve played important role in the formulation and developemt of Social stratum of Islamic law

Context is at play when the Saudis say their women should not drive cars. The wife of Prophet Muhammad had a horse to herself when she was alive.
I hope this "understanding", is useful.

Oladosu
--- On Tue, 11/9/10, Cornelius Hamelberg <corneliushamelberg@gmail.com> wrote:

From: Cornelius Hamelberg <corneliushamelberg@gmail.com>
Subject: Re: USA Africa Dialogue Series - Re: MUHAMMED,CHILD MARRIAGE AND ISLAMIC CIVILIZATION
To: "USA Africa Dialogue Series" <usaafricadialogue@googlegroups.com>
Date: Tuesday, November 9, 2010, 4:59 PM

Moral obligations.

"maliki guardianship which has been interpreted
as permitting the guardian to choose the spouse
for the woman" - to choose or even approve, but not to impose a choice
on her that is against her will. Isn't the guardian –chaperon (wakil)
merely some kind of middle-man?

  "There is no compulsion in religion."

http://www.google.se/search?q="There+is+no+compulsion+in+religion."+&ie=

Where are the scholars when we need them?



On 9 Nov, 15:29, kenneth harrow <har...@msu.edu> wrote:
> ok, after some google searches i think the answer
> is maliki guardianship which has been interpreted
> as permitting the guardian to choose the spouse
> for the woman. this can be seen in the text Three
> Swahili Women by Mirza and Strobel where they
> describe mombasan women having to marry the one
> chosen by their fathers, after which, if they
> don't get along with their husbands, they are
> free to divorce and then to remarry to man of their choice
> ken
>
> At 06:57 PM 11/8/2010, you wrote:
>
> >"the four schools of legal thought in islam are not always
> >in agreement with each other, especially on the
> >question of the necessity of the woman's consent for marriage"
>
> >Is this correct about the four Sunni Schools of Islamic Jurisprudence?
> >And the 5th School, the Jafari School - recognised by Sheikh Shaltut
> >rector of the bastion of Sunni Orthodoxy, Al-Azhar?
>
> >I have always thought that according to the Sunnah of the Prophet of
> >Islam - salallahu alaihi wa salaam, the woman's consent is absolutely
> >necessary and that she cannot be married against her will.
>
> >http://www.google.co.uk/search?q=the+Jafari+School
>
> >On Nov 6, 8:42 pm, kenneth harrow <har...@msu.edu> wrote:
> > > dear all
> > > we are back to discussions concerning religion
> > > where the line between religious belief and
> > non-religious opinions is crossed.
> > > to say anything about mohammed, his life, his
> > > words, is to comment on religious belief. his
> > > life and words are the basis for the religion itself.
> > > to address his person in a non-religious fashion,
> > > that is, to look for historical evidence outside
> > > of religious documents, would be to open our
> > > discussion to questions appropriately evaluated
> > > on the basis of historical evidence.
> > > i am always irritated when religious believers
> > > insist that we address the latter as though the
> > > former were historical truths to be taken for
> > > granted. they are not. there is nothing in
> > > religious credos to be taken for granted in terms
> > > of historical evidence, or indeed in terms of ethics.
> > > i am not against interpretation and discussions
> > > concerning religious beliefs--just the mistaken
> > > notion that they are automatically true for all.
> > > this applies to polygamy, child marriage, or the existence of god.
> > > thus, it is one thing to say, within the
> > > strictures of islam, it is right or wrong for
> > > mohammed to have married a child, or for that practice to continue today.
> > > it is totally another thing to say that we can
> > > support or condemn such practices, regardless of
> > > what the religion supposed says.
> > > and i say supposedly since i know that the four
> > > schools of legal thought in islam are not always
> > > in agreement with each other, especially on the
> > > question of the necessity of the woman's consent for marriage.
> > > ken
>
> > > At 12:55 PM 11/6/2010, you wrote:
>
> > > >Toyin,
>
> > > >There are a number of books and articles that deal with marriage in
> > > >Islam and the ideals of womanhood in Islam which it would do you well
> > > >to read.
>
> > > >http://en.wikipedia.org/wiki/Fatimah
>
> > > >I would like to recommend that you read what Seyyid Hossein Nasr has
> > > >to say on Marriage in Islam ­ and also about the ideals of Muslim
> > > >manhood and womanhood
>
> > > >http://www.google.com/search?source=ig&hl=sv&rlz=1G1GGLQ_ENUK257&q=Se...
>
> > > >This is the 21st century according to some almanacs and 5771 according
> > > >to others. Tradition changes slowly even in Northern Nigeria, but not
> > > >only in Northern Nigeria.
>
> > > >"The culture of marriage and of child marriage" - is it as prevalent /
> > > >widespread as you want to make out?  If it is, it is not limited to
> > > >Islam in particular ­ I'm sure that you also find it among the Igbos ­
> > > >as indeed we find it - and what was once Sutee among the Hindus of the
> > > >last century. Here the Father of India ­ Gandhiji the Great Soul/ Maha-
> > > >atma makes it bare in his autobiography:
>
> > > >  http://www.kamat.com/database/books/gandhiautobio/child_marriage.htm
>
> > > >Similarly, there was also the ideal of child marriage (as you call it)
> > > >in the rabbinical days, both before and after Jesus, Mary and
> > > >Joseph... and Jesus' brothers, James etc….
>
> > > >However, your exclusive focus here is not on other parts of Nigeria,
> > > >but on the mostly Islamic North of Nigeria where Sharia Law is the
> > > >divine law and the guiding principle among the believers of al-Islam.
>
> > > >The matter was discussed at length in the Nigerian Village Square:
>
> > > >http://www.nigeriavillagesquare.com/articles/nafata-bamaguje/rational...
>
> > > >  but for all their high-falutin talk & big grammar about Freedom of
> > > >Speech and Democracy it seems that they did not take kindly to my
> > > >adhering to the straight and narrow strictures of Islam's own straight
> > > >and narrow path - to the extent that they refused to publish some of
> > > >my replies exonerating Senator Yerima being within his legal limits
> > > >and true to Islamic tradition, and so the rest of that discussion was
> > > >conducted here:
> > > >http://www.thelocal.se/blogs/corneliushamelberg/2010/05/26/admittedly...
>
> > > >You ask:
>
> > > >"I also want to add that does the fact that Mohammed did something
> > > >also mean
> > > >that it is the right thing to do? Was Mohammed not a human being, and
> > > >therefore capable of error? Does his being human and capable of error
> > > >mean
> > > >that he was not a great prophet?"
>
> > > >I answer: the Prophet of Islam, salallahu alaihi wa salaam is seen as
> > > >the role model par excellence of all Muslims and therefore everything
> > > >he did -or almost everything he did is seen by Muslims, as the right
> > > >thing to do. I say almost, because he was reprimanded in The Qur'an
> > > >itself, for ignoring the queries of a blind man:
>
> > > >http://www.quranenglish.com/tafheem_quran/080.htm
>
> > > >On the other hand Toyin, he was the prophet of Islam and you are not:
> > > >Altogether, he married 13 women - whereas the faithful are limited to
> > > >a maximum of FOUR. In case you (little earthworm) think that's unfair,
> > > >well, on that score you have the champion, King Solomon who had over
> > > >800 wives.  Toyin, it is permitted and you may continue to seethe with
> > > >holy envy.
>
> > > >Of course in some places, such as Gaza, donkey is still the favourite
> > > >means of transportation, in other places; it is still the camel - in
> > > >this space-age of science and technology. For others it's by plane,
> > > >and even submarine. Times have changed.
> > > >As a result of dialogue, a modernising reform-oriented dialogue with
> > > >very traditional Islamism, you may perhaps get half way to what
> > > >obtains today, in the Wild West.
>
> > > >Absolute freedom of choice - is that not what you wish?
>
> > > >Btw I was almost on a mission ­ to fly to Iran, to marry and bring
> > > >back someone's sister, a lady in distress. When I asked whether the
> > > >marriage would be consummated accordingly to the Islamic rites in
> > > >Iran, the husband of the older sister went into the kitchen and came
> > > >back with a huge knife, which I though was to slice the orange he was
> > > >holding in his hand. He came over to me, and placed the tip of the
> > > >knife against the side of my stomach and told me that it was time for
> > > >me to be going home —quietly…
>
> > > >On 6 Nov, 09:09, toyin adepoju <toyin.adep...@googlemail.com> wrote:
> > > > > The culture of forced marriage and of
> > child marriage in Northern Nigeria in
> > > > > the name of Islamic law is recently
> > highlighted by recent developments in
> > > > > Northern Nigeria.In one of the cases the
> > woman took her father to court for
> > > > > marrying her out in her 20s,to a senator in
> > > > his 50s,ignoring her interest in
> > > > > marrying the man to whom she was engaged.
>
> > > > > What is at stake here is a very serious
> > struggle in which Islam is being
> > > > > used by various parties in ways that suit them.
>
> > > > > I am struck to read in Ayisha Osori's
> > article "Poor Little Muslim Girls and
> > > > > the Lawmakers from
>
> > Zamfara<http://www.thisdayonline.info/nview.php?id=186614>"that,according
> > > > > to the Hadith,the sayings of Mohammed,forcing anyone into marriage is
> > > > > against the teachings of Mohammed. Yet it
> > is being done by Muslims because
> > > > > they describe it as religiously sanctioned.
>
> > > > > I also want to add that does the fact
> > that Mohammed did something also mean
> > > > > that it is the right thing to do? Was Mohammed not a human being,and
> > > > > therefore capable of error? Does his
> > being human and capable of error mean
> > > > > that he was not a great prophet?
>
> > > > > If as a human being he was capable of error does that not mean that his
> > > > > opinions should not be binding on Moslems? Are his actions not open to
> > > > > logical examination?Does such a logical
> > examination imply that one is being
> > > > > disrespectful of him?Does it not mean that
> > > > one is relating to him as another
> > > > > human being?
>
> > > > > In the light of these considerations,I would
> > > > hold that Muhammad was wrong to
> > > > > marry young girls.I would hold that he
> > was indulging himself in the desire
> > > > > of  men and  women to enjoy much younger
> > > > partners and used his religious and
> > > > > political power to satisfy that
> > indulgence,a power most people do not have
> > > > > and others pursue through their wealth.I hold that he has cheated those
> > > > > children of their childhood.I hold that
> > he gave destructive example to his
> > > > > followers. The cases of vagina
> > fistula  described as recurrent  in Northern
> > > > > Nigeria from small girls having children
> > at an age when their bodies cannot
> > > > > cope can therefore be traced to what it  is accurate to describe as a
> > > > >  selfish practice.
>
> > > > > Someone has argued that a  father has a
> > right to decide a husband for his
>
> ...
>
> läs mer »

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