Written by Professor Azizah Y. Al-Hibri            Have been asked by 
concerned American and Canadian Muslim organizations to comment on a recent 
statement made by the Taliban, the ruling party in Afghanistan, which was 
reported in the Washington Post on March 2, 2001. According to the Washington 
Post, the Taliban announced the beginning of a campaign to destroy all statutes 
in including the historical statues of Bamiyan, in the name of Islam.

In responding to these Muslim organizations, I rely primarily on the Qur'an, 
and sunnah. I also rely on traditional sources of Islamic jurisprudence as well 
as Islamic history. Additionally, in matters of jurisprudence I rely heavily on 
a fatwa issued earlier by Dr. Taha Jaber al-Alwani on a related topic. In 
matters of Islamic history and world religions, I rely on statements made by 
Professor Seyyed Hussein Nasr on this and other occasions.

Introduction:

There is no doubt that something is very wrong with the Taliban position on 
this and other matters. Chief among these other matters is the Taliban's 
oppressive limitations on Muslim women's rights, which have been addressed 
elsewhere. While there is no central interpretive authority in Islam, an 
acceptable interpretation must satisfy a minimum number of requirements. For 
example, the interpretation must be based on the Qur'an and sunnah (the 
reported words and example of the Prophet). It must be based on knowledge and 
motivated by piety. It must also serve (rather than harm) maslaha (public 
interest) of Muslims in particular and humanity in general.

Assuming arguendo that the Taliban's interpretation of Islam satisfies these 
minimal requirements, the Taliban are still not entitled to force their views 
on other Muslims, within and outside Afghanistan, and on the rest of the world. 
For, the very Islamic jurisprudence which protects their right to freedom of 
thought, also protects the freedom of thought of other Muslims and non-Muslims 
as well. It is for this reason that when the Abbasid Khalifah (Caliph) Abu 
Ja'far al-Mansour approached Imam Malik with the idea of adopting the Maliki 
math.hab (school of thought) as the official math.hab of the land, the Imam 
rejected the idea repeatedly. Realizing that he is only a human being who is 
capable of error, he refused to impose his views on a whole people.

The Taliban seem to have no such concerns. This is consistent with their 
rejection of other basic Islamic principles, such as shura (consultation with 
other Muslims), and bay'ah (a system of elective non-authoritarian governance). 
It is also consistent with their rejection of the Islamic injunction that the 
pursuit of education is the duty of every Muslim, male and female. Finally, it 
is consistent with their rejection of the overarching Islamic model of 
harmonious gender, racial, religious and general human relations.

For centuries, Islam has preserved and even maintained all prior cultural 
expressions, including the Egyptian Sphinx, the Persian Persepolis, ancient 
houses of worship belonging to other religions, and the pictures, images, 
artifacts and possessions they housed. In fact, had it not been for Islamic 
protection, these structures and artifacts may not have survived. Khalifah 
'Umar provides an excellent example. Upon entering, he prohibited the 
destruction of any Christian images or places of worship.

Muslim jurists also prohibited the destruction of places of worship and 
religious artifacts belonging to non-Muslims. The medieval Ibn al-Qayyim noted 
that the Qur'an itself prohibits such destruction . The verse states that had 
it not been for God counterpoising (daf') one people by another, monasteries, 
churches, synagogues, and mosques (that is, places where the name of God is 
remembered frequently) would have been surely destroyed. The medieval writer 
al-Zajjaj commented that had God not counterpoised one people by another, there 
would have been destroyed synagogues in the time of Moses, destroyed churches 
and monasteries in the time of Jesus, and destroyed mosques in the time of 
Muhammad (SAAS).[ Shayban reported that protection of such places extends to 
people other than those who believe in an Abrahamic religion. Al-Ashaj reported 
that the protection extends even to those who are kafir (do not believe in 
God). Al-Hassan added that God counterpoised Muslims to stave
 off those who want to destroy non-Muslim places of worship.

The wisdom of this Qur'anic verse and related ancient discussion among Muslim 
jurists becomes clear in modern times through incidents such as the destruction 
of the Barbri mosque in India, and the Abrahamic shrine in Hebron, and through 
violence at al-Aqsa mosque in Jerusalem. These incidents illustrate the fact 
that if followers of various religions start destroying each other=s sacred 
places, then not a single sacred place will remain standing. The Qur=an pointed 
this fact out very clearly, which is why jurists prohibited destruction of 
religious places and artifacts. For this reason, although the rebuilding of the 
Abrahamic shrine may have been a wise political act, more importantly, it was 
the religious duty of the Muslims in charge of protecting it.

It is also worth noting that the land now called Afghanistan was part of the 
Persian Empire, which was conquered by Arab armies fourteen centuries ago. 
Since then, many of the most pious and illustrious Muslim rulers have reigned 
over it, and yet none sought to destroy the statutes of Bamiyan. This is 
precisely why these statues have survived till this day. To destroy them now in 
the name of Islam is to consider oneself to be a better Muslim than all of 
one's predecessors. That is truly hubris and is contrary to the fundamental 
Islamic principles of humility, tolerance, freedom of thought, consultative 
democracy, and preservation of public maslaha.

Because the Taliban claimed reliance on Islam in reaching their decision, it is 
important that we assess their religious claim. The following discussion is, of 
necessity, technical and yet too brief from a scholarly point of view. 
Fortunately, a more detailed assessment can be obtained for those interested in 
the finer points of this jurisprudential discussion.

The Qur'an and Sunnah:

Unlike the Bible, the Qur'an does not contain a single text that prohibits the 
making or possessing of Apictures or Aimages. On the other hand, the Qur'an 
does describe God's exceptional grant of power to King Solomon which allowed 
him to order the Jinn (a form of invisible being) to make Aarches, statues, 
basins as large as reservoirs, and cauldrons fixed (in their places). (Qur'an 
34:13). Furthermore, in interpreting this Qur'anic passage, medieval scholars, 
such as Ibn Kathir, stated that King Solomon's throne was decorated with 
pictures as well as statues of birds and lions. In fact, interpreters of these 
and other texts derived from them rules regarding the making and possessing of 
images. None of them derived a definitive prohibition.

There is, however, an ancient disagreement among Muslim jurists on the proper 
use and interpretation of prophetic ahadith (reported statements of the 
Prophet). Some take a literalist approach, others prefer to base their 
interpretation on the 'illah (ratio or rationale)of the hadith (singular of 
ahadith). The second group relies on a version of the hadith reportedby Muslim 
(a major reporter of valid ahadith) which indicates that harsh judgment is 
imposed on Athose who try to emulate the creation of God. This phrase then 
defined for them the legal standard for the prohibition. Both groups, however, 
agree on the prohibition against divine images. It is worth noting at this 
point that Buddhists statues are not regarded by Buddhists as embodying the 
image of an objective divinity. For this reason, these statues are not idols; 
rather, they are objects of contemplation and reflection.

The non-literalist approach represents the majority view. It argues that the 
strong prophetic prohibition against images was necessary in a society that had 
just emerged from idol worship, and in which individuals through sheer hubris 
may have tried to challenge God=s supremacy as the Sole Creator by emulating 
his creation. For the jurists adopting this approach, the prohibition applied 
only where the ratio or rationale for it existed.

Other Evidence:

There is additional evidence to support the majority view. A'ishah, the wife of 
the Prophet had dolls in her house and the Prophet never complained about them 
or asked her to destroy them. We know that one of them was a winged horse 
because it aroused his interest. A'ishah mentioned to the Prophet that King 
Solomon had a winged horse too (albeit a real one). The modern Egyptian jurist, 
Sheikh Rashid Ridha, commented on this hadith noting that some of the 
interpreters who take a strict view in the matter of images Adistorted the 
words of the hadith about A'ishah and her dolls.

Another hadith states that the Prophet removed a cloth which contained a 
picture from the wall of his house. But that story quotes the Prophet as 
reiterating the same legal standard mentioned above, which was used by jurists 
of the majority view to circumscribe the scope of the prohibition. Furthermore, 
according to the hadith, the cloth was then used to make two cushions instead. 
It was not destroyed or removed from the Prophet's house. This fact underscores 
the limitations of the prohibition; after all, this incident took place in a 
community which had just emerged from idol worship. Other jurists have also 
viewed this incident as an example of the Prophet=s modesty and aversion to 
symbols of luxury.

Contrary Evidence:

According to a debate forum on the British Broadcasting Service website, the 
Taliban may have relied on two incidents in support of their decision: the case 
of Abraham destroying statues in his tribe's temple, and the case of the 
Prophet Muhammad (SAW) destroying statues in the Ka'bah.

According to the Qur'an, Abraham was the first monotheist in history. As a 
youth, he discovered God on his own and tried to preach about him to his tribe. 
(Qur=an 6:74-9) But his tribe was hostile to his unprecedented ideas, and his 
father (who carved statues) sent Abraham to market to sell them. The youth felt 
quite oppressed and decided to resist while at the same time attempt to 
convince his tribe. So he broke all the statues except the largest. When asked 
about the destruction, he answered that the biggest of the statues committed 
the deed. Since the members of the tribe did not believe his outrageous claim, 
they had to admit at the same time that they were worshiping a powerless entity.

Given the specific circumstances of this story, it is not clear how it applies 
to the Taliban. For one, they are not being persecuted by their own people 
because of their faith. Furthermore, the whole country is Muslim, and no one 
has ever worshiped these artifacts, not even those who made them. For this 
reason, the story of Moses and the golden calf would also not help in this 
context, because the Afghans have not turned away from their faith (Qur=an 
7:148-55). Furthermore, the monotheistic Abrahamic message has already been 
widely disseminated throughout the world. This fact gives rise to a new stage 
in world religious history which is best described by the Qur'an in the opening 
sentence of verse 2:256 which states: AThere is no compulsion in religion. 
Throughout history, Muslim jurists have made this verse the centerpiece of 
their interfaith policies of tolerance, respect and civility. The current 
decision annuls this long glorious history, replacing it with a literalist
 understanding of the Abrahamic incident that does not even attempt to make it 
consistent with important Qur'anic verses.

The second incident which may have been relied upon by the Taliban is that of 
the Prophet Muhammad (SAW) destroying the statues in Ka'bah. The Ka'bah is the 
first house of worship ever built for God. It was built by Abraham and his son 
Isma'il, but was transformed much later in history into a house for the worship 
of idols. When the Islamic message was revealed to the Prophet, he preached it 
peacefully in Makkah. As with his prophetic predecessors, he was rejected by 
his own and other tribes who ultimately forced him to leave. They also 
persecuted those who followed him. Until then, the Prophet lived in Makkah for 
years, side by side with those who rejected him and worshiped idols. He only 
fought against them when their persecution of Muslims became intolerable, and a 
verse was revealed stating that Athose against whom war is made, permission is 
given to fight because they have been wronged. (Qur'an 22:39) This stage 
culminated with the Prophet entering Makkah and returning
 K'abah to it monotheistic origins.

Again, given the specific circumstances of this second story, it is not clear 
how it applies to the Taliban. They are not being persecuted by the people who 
built these religious artifacts, nor have they been thrown out of their homes 
by them. In other words, they have not been wronged by these people. In the 
absence of thulm (a wrong or oppression), the Qur'anic permission does not 
apply to them. Furthermore, the nature of the statues themselves is completely 
different. Makkans worshiped their statues, Buddhists never did. Finally, a 
less thoughtful interpretation of this Qur'anic verse would render it 
inconsistent with the one prohibiting compulsion in religion. Yet, as all 
Muslim jurists know, the Qur'an is thoroughly consistent and its verses explain 
each other. For the above reasons, I conclude that the two incidents do not 
support the Taliban's conclusions nor justify their actions.

Political and Moral Dimensions:

Muslim rulers across the centuries have overwhelmingly adopted the majority 
view on the prohibition of (non-divine) images. For example, figures and images 
are found not only in Persian and Turkish art, but in Mogul art as well. 
Miniature art offers a valuable example of this trend. The authoritative and 
powerful jurists in the Ottoman, Persian and Indian worlds were all aware of 
the various views on this matter, and appear to have chosen the majority view. 
Nevertheless, under Islamic law, the Taliban are guaranteed their right to 
freedom of thought and interpretation, even if such interpretation appears to 
the rest of us as strict or erroneous. We do not begrudge them that right, even 
if it is held by a minority of one. But by the same token, they are prohibited 
under Islamic law from imposing their views on others. If the Taliban disagree 
with this analysis and believe, like some Christians and Jews do, that it is 
prohibited to make graven images (Bible, Exodus 20:4 ),
 then let them remove such artifacts from their homes.

Let them try to convince other Muslims and the world at large of their views 
through the process of shura (consultative democracy) and the use of kalimat 
assawa' (a word of equity). But to resort to sheer force and destruction of 
artifacts of which they are the temporary custodians, while ignoring all 
others, Muslim and non-Muslim alike, can be nothing short of an exercise in 
ghayy (political oppression and coerciveness) as opposed to rushd (political 
maturity and righteousness).

Recently, a Taliban spokesman introduced an alternative justification for his 
government's decision. He stated that the decision to destroy the statues was a 
political one, made out of anger at and frustration with international 
policies. International agencies were spending money to repair the statues, 
while ignoring the human catastrophe befalling Afghani children ravaged by 
sanctions and malnutrition.

As a result, the statues became a symbol of an oppressive West, and hence the 
object of hostility and destruction. This justification is based on faulty 
reasoning. First, the actions taken to spite the West are misdirected. They 
harm primarily Buddhists who have lived in peace with Muslims for hundreds of 
years. Second, the governmental decision does not represent a rashid 
(politically mature and righteous) response or a thoughtful and effective 
solution to a human tragedy.

Finally, despite the faulty reasoning and the wanton destruction by the 
Taliban, as responsible moral agents we must not dismiss one important fact. 
Children are dying in Afghanistan because of Western sanctions. These sanctions 
have harmed innocent people and made them pawns in a global political struggle 
which is not of their own choosing. American people of faith and secular 
humanists need to ponder this fact, and recognize that existing sanctions are 
based on faulty logic as well. They harm helpless people who are often 
themselves oppressed and victimized by their own governments. American people 
of faith and secular humanists need to initiate a dialogue in the public square 
to develop ethical and humanistic ways for protecting our legitimate political 
and economic global interests without harming the burdened population of the 
Third World. Otherwise, we will be guilty of ghayy. This is my opinion, 

saiyed shahbazi
  www.shahbazcenter.org

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