[IslamCity] Fw: Careles interpretetion of hadith and fiqh

[sahannan]

----- Original Message -----                                  ( Further edited) )From: sahannan   Sent: Thursday, May 05, 2005 9:19 AM Subject: Careles interpretetion of hadith and fiqh Respected moderator and members of the list,   Assalamu Alaikum. Several members of the Banglar nari list are quoting a few hadith repeatedly and trying to prove that The Prophet  of Islam has encouraged rape and torture of female prisoners of war and house maids, against all other evidence on the subject..I quote below a part of the letter of a member and his sarcastic comments on the Prophet(sm). - � Quote�[1] Sahih Bukhari Volume 7, Book 62, Number 137: Narrated Abu Said Al-Khudri:  We got female captives in the war booty and we used to do coitus interruptus with them. So we asked Allah's Apostle about it and he said, "Do you really do that?" repeating the question thrice, "There is no soul that is destined to exist but will come into existence, till the Day of Resurrection." [2] Sunan Abu Dawud Book 11, Number 2166: Narrated AbuSa'id al-Khudri:   A man said: Apostle of Allah, I have a slave-girl and I withdraw the penis from her (while having intercourse), and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend by it. The Jews say that withdrawing the penis (azl) is burying the living girls on a small scale. He (the Prophet) said: The Jews told a lie. If Allah intends to create it, you cannot turn it away." Could either of these two illustrations of "acceptable Muslim behavior" as per good man Muhammad [for, clearly, he did not forbid either!] "encourage" "rape and torture" of either women prisoners of war or female maids, as interpreted by believers-of-the-perfect- religion aka Muslims? Or, if anyone so deduce might he be "only" a "pervert"? �Unquote In the chapter on Coitus Interruptious, Bukhari has quoted this hadith to prove the permissibility of this practice, though the Prophet  did not like it as seen from the wordings. This is also the purpose of the other hadith of Abu Dawood. No scholar of Islam, whether Muslim or Western , have said that Islam has permitted rape of prisoners of war or maids.   It is necessary to explain how a legal or fiqh ruling is made by the jurists.Fiqh ruling is not made on the basis of a single hadith or verse of the Quran. Fiqh ruling is made on the basis of all the relevant verses of the Quran  and hadith.The jurists take an integrated view and in the process, if they find any contradiction in evidence, they give preference to some evidence over some  others.   This hadith of Bukhari at the most proves that if a female soldier captured in war is not exchanged or ransomed and allotted to a soldier for custody and maintenance, the male soldier can have sexual relation with  her. This is also under so many conditions on the basis of other verses and hadith.For instance, she must be in pure conditon(tuhr) after her menses. This was an interim arrangement in line with the then war practice. The fundamental and final law in this respect has been given in Sura Muhammad, verse 4,that the prisoners have to be freed as a grace or against ransom.No hadith can over-ride Quranic position.   After the abolition of slavery from the world, the situation has changed altogether Nobody can be slave now under international law(to which Muslim states have signed and also under obligation to comply because the Quran says to fulfill agreements) or under Quranic law quoted above.   Inter pretetion of Quran and Sunnah, examination of the chains of transmission and text of hadith (even rejection of any hadith)are serious matter and require knowledge of Usul al Fiqh and Usul al Hadith.Please see my work on Usul al Fiqh in  www.witness-pioneer.org.   I hope members will be careful and considerate in such matters   Shah Abdul Hannan   *************************************************************************** {Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided.} (Holy Quran-16:125) {And who is better in speech than he who [says: "My Lord is Allah (believes in His Oneness)," and then stands straight (acts upon His Order), and] invites (men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I am one of the Muslims."} (Holy Quran-41:33) The prophet (peace and blessings of Allah be upon him) said: "By Allah, if Allah guides one person by you, it is better for you than the best types of camels." [al-Bukhaaree, Muslim] The prophet (peace and blessings of Allah be upon him)  also said, "Whoever calls to guidance will have a reward similar to the reward of the one who follows him, without the reward of either of them being lessened at all." [Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah] -------------------------------------------------------------------------- All views expressed herein belong to the individuals concerned and do not in any way reflect the official views of IslamCity unless sanctioned or approved otherwise. If your mailbox clogged with mails from IslamCity, you may wish to get a daily digest of emails by logging-on to http://www.yahoogroups.com to change your mail delivery settings or email the moderators at [EMAIL PROTECTED] with the title "change to daily digest". Yahoo! Groups Links To visit your group on the web, go to: http://groups.yahoo.com/group/islamcity/   To unsubscribe from this group, send an email to: [EMAIL PROTECTED]   Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.