Vijay TV Episode, Knowledge, Being Just

Several emails [allegations & counters] are making rounds on the efforts of one organization in blocking the “Neeya Naana” episode on “Should Muslim Women wear Purdah”. Here is some background info on that episode, and what should our attitude be as a Muslim. I’m not defending or criticising any organization as a group, or their motives or methods in blocking this programme.

Three weeks before the Eid al-Adha, some people sought 5 Aalimas/Knowledgable women to speak for the recording of this program. 4 were ready. But, Vijay TV only wanted 2. (A 3rd one went as a visitor). These 2 speakers  / participants were seated in the lower row, and the mic / microphone was mostly with those in the upper rows.

The problem was those in the upper rows supporting Purdah are either not knowledgable or didn’t know how to express their arguments. The opposing side caught on the mistakes of these people and pounded. In the games, like Volley Ball, if you know one or two weak guys in the other team, you pass the ball to their side. They will make mistakes, and your team scores.

Bottom-line: The knowledgable people weren’t given enough opportunities to speak, and the whole episode was engineered to tarnish the image of Islam. What else can we expect from a Rupert Murdoch’s channel?

Lesson: One must seek knowledge before preaching or debating

Allah says in Quran: Say (O Muhammad ): “This is My Way; I invite unto Allâh (i.e. to Islâmic Monotheism) with sure knowledge, I and Whosoever follows me (also must invite others to Allâh) with sure knowledge…” (Yusuf 12:108)

A friend of mine wrote “Programs like the one in Vijay TV play up sterotypes about muslims, poisoning the mind of other communities. If Mr.Gopinath had done programs like ‘Is tying Thali a sign of women’s servitude to men’ and passed judgement – it is, one could have understood his stance on this issue. The reality is – people like Gopinath are pseudo-journalists passing of as intellectuals in India”

Being Just & Striving for Unity:

“O You who believe! Stand out firmly for Allâh and be just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear Allâh. Verily, Allâh is Well Acquainted with what you do” (Sura Al Maa-idah 5:8)

Our dislike for a group should not make us blind to being just. We shouldn’t ascribe ulterior motives, or pass wrong information about them. It is sad that our group rivalry has reached such a low level. Please re-read the last line of the above verse “…and fear Allâh. Verily, Allâh is Well Acquainted with what you do”

Here is a verse which captures how we enjoy our rivalry / in-fighting:

“Of those who split up their Religion (i.e. who left the true Islamic Monotheism), and became sects, [i.e. they invented new things In the Religion (Bid'ah), and followed their vain desires], each sect rejoicing in that which is with it” (Sura Ar Ruum 30:32)

What will be the result of this nasty fighting & arguing?

“And obey Allâh and his Messenger, and do not dispute (with one another) lest you lose courage and your strength depart, and be patient…”(Sura Al Anfaal 8: 46)

Finally, some piece from Prophet Muhammad’s (PBUH) Last Sermon

O People, just as you regard this month, this day, this city as Sacred, so regard the life and property of every Muslim as a sacred trust. Return the goods entrusted to you to their rightful owners. Hurt no one so that no one may hurt you. Remember that you will indeed meet your LORD, and that HE will indeed reckon your deeds.

Allegations on Marrying Young Aisha / Ayesha / ‘Aa’ishah

1. Age difference is an issue only in our times and not during their times. Even 50 years ago, nobody attacked this. Neither the Quraish nor the Jews nor the Christians made a big deal though tried their best to put down the Prophet’s message. People now live longer, get mature enough to handle a family later than the earlier times

2. Puberty was the nature’s dividing line between a girl and a woman. Biologically her body says “I am ready to be a mother”.  Even now the minimum age for consensual sex varies from 12 to 18

3. Was Ayesha affected/disturbed by this marriage? No. The condition of one who  was abused is pathetic. She was a scholar & a foremost/prolific narrator of hadeeths (2,210 narrations). See her caliber, could she be a product of abuse?

4. Judgment Problem : In the West, if two men hold hands they are considered homosexuals. While in the Middle east or India, it indicates friendship. A US guy may look at this and cry “A bunch of homosexuals”, which is incorrect. A similar thing happens with Ayesha’s marriage. This marriage happened 1400 years ago, go back to that period and see it in its context

Prophet Muhammad was NOT a Pedophile

Islamophobes are the people who fear Islam will bring peace and Justice to the World (which they hate). Although the Islamaphobes may well be the loudest voices amongst the Jews and Christians, they are only self-appointed leaders of the faith, and they do not represent the vast majority of well-meaning Jews and Christians

Islamaphobes claim that Prophet Muhammad (peace be upon him) was a pedophile, arguing that he married Aisha (peace be upon her) when she was too young.

Explanation of Aisha’s Marriage to Prophet:
Aisha’s parents were the ones who married her to the Prophet, and that no Muslim or even pagan objected to the marriage because it was widely practiced. And even until today in 3rd world countries (Muslims and non-Muslims), little girls as young as 9 or 10 do get married. Anyway, the reason no one objected was to the Prophet’s marriage was:

1. People used to have very short life-spans in Arabia. They used to live between 40 to 60 years maximum. So it was only normal and natural for girls to be married off at ages 9 or 10 or similar

2. Marriage for young girls was widely practiced among Arabs back then, and even today in many third-world non-Muslim and Muslim countries

Aisha was already engaged to a man named Jober Ibn Al-Moteam Ibn Oday. Back then, the people of Makkah (Mecca) did not object to Aisha’s engagement to Jober because she was physically big enough and tall enough to be considered for marriage. The father of Aisha broke the engagement. Later, Prophet Muhammad was engaged to Aisha for 2 years before he married her

Muhammad lived in a society and culture that existed 1400 years ago, and we must not judge what he or others did based on the standards we have set today. If many girls get married around 20 years these days, their great-grandmas got married much earlier. You can’t find fault with an activity/culture that was normal across the globe, and that didn’t harm anybody

Verses from other scriptures: When people point out our mistakes, we should accept them, and not counter with “Your actions / job / family / work is also bad”. I certainly believe that damaging your furniture will not make my furniture look any better. But the point here is Islamophobes don’t reason out. When no amount of logical explanations help, the only thing left is saying “Your furniture is worse than my furniture”.

Note: This applies only to individual and community mistakes. Islam is a religion from God, and it is flawless. Islam doesn’t say get married at any specific age. Some people confuse the culture with religion.

Excerpts from The Islamaphobe’s Glass House

Islamic Law (Shari’ah), say these critics, condones pedophilia by allowing marriage to children. Most of these Islamaphobes come from Jewish and Christian backgrounds. Yet, the truth is that these Jews and Christians live in a great big glass house; we will throw stones at this house. Islamic Law (Shari’ah) does in fact allow some nine year old girls to be married. But as we shall prove in this book, Jewish Law (Halacha) sets the minimum age of marriage at three years of age, whereas Christian Law asserts that the absolute minimum age of marriage is seven years old.

JUDAISM

The authoritative Jewish website, AskMoses.com, says:

What is the minimum age of marriage according to Jewish law? by Rabbi Naftali Silberberg

…In ancient (and not so ancient) times however, marriage was often-times celebrated at a rather young age. Although we do not follow this dictum, technically speaking, a girl may be betrothed the moment she is born, and married at the age of three. [Shulchan Aruch, Even HaEzer 37:1.] A boy may betroth and marry at the age of thirteen. [Shulchan Aruch, Even HaEzer 43:1]

In the ancient world, Jewish law seemed to require an act of intercourse for a betrothal to be recognised. The Mishnah said: “A girl three years old and one day may be betrothed by intercourse […]” (Mishnah, Nid. V. 4).

A Daughter’s Coming of Age

In earlier days, girls got married at the age of nine…[following the] custom of marrying daughters at age eight to ten…if the maiden does not get married until the age of fifteen she has no hope of marriage, because she would be considered an old maid…At the end of the nineteenth century, despite these regulations, families still married their daughters at the age of twelve and thirteen…On the eve of World War I, the situation changed somewhat for the better when the legal age for marriage was raised to fifteen.

(Women in Judaism: A Multidisciplinary Journal,
http://www.utoronto.ca/wjudaism/journal/vol3n2/sehayek.html)

Jewish girls “got married at the age of nine”, a practice which continued up until “the eve of World War I”. Why then are the Jews criticizing Prophet Muhammad (peace upon him) for marrying Aisha (peace be upon her) at the age of nine? Is this not hypocrisy? Is this not a case of living in a glass house and throwing stones? Why is it that Christian adversaries condemn Muslims but say nothing at all to their Jewish counterparts?

CHRISTIANITY

C. Yandell writes in “Carpe Corpus: Time and Gender in Early Modern France”: In canon law, puberty normally determines marriageable age, although the minimum age for marriage is seven years, “the age of reason”, when a child is deemed capable of consent. The lawyer Estienne Pasquier notes that the Digest compiled by Justinian specifies fourteen years for men, twelve for women, but, he adds, if one is capable of carnal cohabitation before this age, marriage is permitted. (Carpe Corpus: Time and Gender in Early Modern France, by Cathy Yandell p.37  Web: Available in http://books.google.com)

Age of Consent: A Historical Overview

Age of Consent throughout history has usually coincided with the age of puberty although at sometimes it has been as early as seven…The Roman tradition served as the base for Christian Europe as well as the Christian Church itself which generally, essentially based upon biological development, set it at 12 or 14 but continued to set the absolute minimum at seven

Age of Consent: A Historical Overview,
http://www.haworthpress.com/store/ArticleAbstract.asp?sid=XH16E3FKBF7Q9P3MKLPC82LUJNKC41U5&ID=87429

Byzantine Studies: 2006 Spring Symposium

Baptism, usually at birth, was the fundamental rite of incorporation into the body of Christ and the Church…Betrothal, sometimes as early as the age of five, marked another stage in the child’s social incorporation

Byzantine Studies: 2006 Spring Symposium, http://www.doaks.org/byz_2006_symposium_abstracts.html

Please read the full book: The Islamaphobe’s Glass House

Let’s also see how Hinduism views the early marriage. This is only to give some historical perspectives, and not to offend the truth-seekers.

Another major religion, Hinduism, finds its roots in early marriages of the girls. Child marriage of daughters 5-6 years old was common due to the custom of dowry and to avoid scandals [Nand 17] [Basham 167-8] [Yadav 70] [Altekar 16] [Banerjee 70]. Hindu Law books prescribe that the best partner for a man in one-third his age. Thus a man 18 year old should marry a girl 6 years old! –

“A man, aged thirty years, shall marry a maiden of twelve who pleases him, or a man of twenty-four a girl of eight years of age; if (the performance of) his duties would otherwise be impeded, he must marry sooner.” [Manu IX.94]

This was meant to prevent any scandals. Narada states that some of the defects to be avoided in brides are if they already had a relationship with another man or have their minds set on another, they should not be selected [Sheth 67].

Alcohol in moderation may promote heart health?

Study after study suggests that alcohol in moderation may promote heart health and even ward off diabetes and dementia. The evidence is so plentiful that some experts consider moderate drinking a central component of a healthy lifestyle…[But, are these studies valid and unbiased?]

For some scientists, the question will not go away. No study, these critics say, has ever proved a causal relationship between moderate drinking and lower risk of death — only that the two often go together…

“The moderate drinkers tend to do everything right — they exercise, they don’t smoke, they eat right and they drink moderately,” said Kaye Middleton Fillmore, a retired sociologist from the University of California, San Francisco, who has criticized the research. “It’s very hard to disentangle all of that, and that’s a real problem.”

Questions have also been raised about the financial relationships that have sprung up between the alcoholic beverage industry and many academic centers, which have accepted industry money to pay for research, train students and promote their findings…

A report from the Framingham Offspring Study found that moderate drinkers had greater mineral density in their hipbones than nondrinkers. Researchers have reported that light drinkers are less likely than abstainers to develop diabetes…

But the studies comparing moderate drinkers with abstainers have come under fire in recent years. Critics ask: Who are these abstainers? Why do they avoid alcohol? Is there something that makes them more susceptible to heart disease?

Some researchers suspect the abstainer group may include “sick quitters,” people who stopped drinking because they already had heart disease. People also tend to cut down on drinking as they age, which would make the average abstainer older — and presumably more susceptible to disease — than the average light drinker…

Full article from NYT: Alcohol’s Good for You? Some Scientists Doubt It

The Methodology of Seeking Knowledge

How do we learn Islam:

Jumping around: Google for some topics, Fatwa from some sites, lectures from some other sites, a few books, occasional conferences, and very few people talking to Scholars. The topics go from Aqeedah (Islamic creed) to Zakath to Raising hand while making Du’a to authenticity of Hadeeths to Hajj to whatever. While all these are good, have we ever stopped  to think: Am I following the right way of seeking knowledge? Are these methods really effective? Is my  understanding of Islam really increasing?

Focusing on one item: A few people, with the intention of mastering a subject, read volumes of books on that subject. There are also halaqas (circles of knowledge) on a single subject popular in Arabia (According to a Madeenah University students’ booklet. I’ve no personal knowledge). Halaqas are popular in US & UK too, but they don’t talk the same subject for years. These days, you can attend halaqas via webcasts and podcasts

Disadvantages/drawbacks:
This random / haphazard method gives us only bits and pieces of information. Some serious drawbacks of our methodology are

1) Shallow understanding: It gives us no strong foundation, and we can be easily confused with a few tricky questions or comments

2) We forget things pretty quick

The problem with the single subject approach:

3) We don’t get the capacity to “link” topics: A critical piece. There’s a strong link among Aqeedah <–> Seerah <–> Fiqh <–> Tafseer <–> Hadeeths <–> other Islamic Sciences. They all have one objective: Worship God. You can never fully comprehend one subject without the help of others. Scholars say “If you don’t learn the History of Prophet Muhammad (Seerah), you don’t understand Islam”

An example on #3: To make a ruling (Fatwa), a Mufti needs to know the history/background of the relevant hadeeths, related verses from Quran, rulings of sahabas, and many more. Now ask yourself: What is the point of reading Saheeh Bukhari from cover to cover? I’m not saying don’t read Hadeeths books. The point is: We need to study Islam in a structured, integrated and comprehensive manner.

Suggested Solutions: (Your feedback is welcome)

1. The kids can be enrolled in Madrasas, where they learn a variety of topics (Aqeedah, dua, Seerah, etc)- in a gradual fashion

2. The non-working Women can join the part-time courses in Arabic/Islamic colleges

3. A few options for working adults:

A) Al-Irshaad (Chennai, Bangalore..) Correspondence course [ 1 year ]

B) http://www.islamiconlineuniversity.com/opencampus/ [ Start with Foundations of Islamic Sciences ]

C) KIU – BA Islaamic Studies [ 8 Semester Course]

D) Some recommended books on a few foundational subjects are

Aqeedah: Bilal Philips, Fundamentals of Tawheed 2nd Edition,

Fiqh: Bilal Philips, The Evolution of Fiqh

Seerah:

Dr. Ali Muhammad As-Sallaabee, The Noble Life of the Prophet (3 volume set)

Muhammad Al Ghazali, Fiqh-Us-Seerah

Safi-Ur-Rahman al Mubarakpuri, The Sealed Nectar (Ar-Raheeq)

Theory of Tajweed: Kareema Carol Czereinski, Tajweed rules of the Qur’an (3 booklets) Publisher: Dar Al-khair.
Tajweed Practice: You need a teacher to recite to. CDs and internet can’t correct our mistakes

http://www.readwithtajweed.com/

Da’wah and Du’at: Shaykh Muhammad Salih al Uthaymeen, Islamic awakening. Publisher: Alhidaayah

Add to these, books on “Understanding”, “Sciences of”, “Evolution / History / Compilation” of Quran, Hadeeths etc.

Important Characteristics of learning:

1. Sincerity: We should have the sincere intention that we seek knowledge only for the pleasure of Allah. Seeking knowledge is Ibaadah (i.e. worship) and the noble angels lay down their wings out of respect for the student [Sunan Abu Dawud - Abu Ad Dar'daa 2/341]

2. Moderation: “Whoever seeks to acquire knowledge all at once, then it will go away from him all at once, rather knowledge is sought by the passing away of many days and nights.”(i.e. in time) – Imam Az Zuhri. Consistency is the key. Resist the temptation to keep moving fast.

3. Time: Give knowledge the best of your time, the time in which your mind is free and your comprehension level is high. Don’t multi-task (chat, watching scores, reading emails etc) while learning Islam. Remember, learning is worship.

4. Active Learning: Take notes, Revise (re-read the chapters after a week, listen again etc), ask questions, discuss with participants, try to apply your learning in your life, convey to your spouse/family and friends, and do anything that will internalize the learning. Revising may not be an interesting task, considering that we need to learn a lot (Remember #2: You can’t gulp knowledge), but you will forget a vast majority of what you learned without revision

A bit of History on Imams:

Imam Abu Haneefa studied Fiqh and Hadeeth for EIGHTEEN (18) years under Hammad Ibn Zayd. Even as his teacher wanted him to take classes, he remained a student, until the teacher died in 742 CE.

Abu Abdur Rahman Ibn al-Qasim (745-813 CE), was born in Egypt, travelled to Madeenah, and studied under Imam Malik for TWENTY (20) years. He wrote Malik madhab’s famous book al-Mudawwanah

Imam Shafi (Muhammad ibn Idrees ash Shaafi) travelled to Madeenah and studied under Imam Malik, then travelled to Yemen and taught there. Then to Iraq and studied under Muhammad Ibn al-Hassan, and then to Egypt to study

Note: The contents for this post came from many sources: Books, emails, classes, discussions etc.

Dawah Work: Evangelicals Vs Muslims

السلام عليكم ورحمةالله وبركاته

You must have received emails on the work of evangelicals in Iraq (Evangelicals in War zones), Bangladesh (Missionaries’ work in Tsunami area) or Afghanistan (Christian Missionary work of US army in Afghanistan). And most likely, those emails stop with that information. So, what is the point here – “Read, forward and forget until the next email“?

The truth of the matter is evangelicals (and other hard-core Christians) give away (donate) 10-15% of their monthly income to their Churches – who then spread all over the world, help the needy and convert the people. They are doing their job. Ask the teachers in Christian Schools on how much they give. I don’t know about your percentage, but i feel shame that I’m not donating that much percentage.

I am asking myself, and every one of you should ask yourself: What are you doing for Islam and Muslims? It is important to think globally, but more important than that is acting locally. Whether you are in Hong Kong, Chennai, Dubai or Dallas – just look around and you’ll find the crying needs for Dawah. I don’t mean you should quit your job / business and become a full time Dayee.

What can we do?

1. If there’s a Dawah center near you, associate yourself with it. Spend some time there, give suggestions (to the management, 1-on-1), donate some money, or try to reconcile the differences among the management (if there are conflicts). Each of these activities is critical. Money is not the only factor.

2. Stop the gossips (fasaad / fitna) about issues/problems in Dawah center. That is devil’s (Satan’s) job

3. If there are no Dawah centers around, gather a few friends and start one – Small scale, rented place, part time. And while doing that, get trained in Dawah.

* Go to http://www.irf.net/irf/download/index.htm and download training materials,

* enroll in free Dawah training at http://www.islamiconlineuniversity.com/opencampus

* Ask the guys at any Dawah center on how to do it

4. Combine Dawah with minimal financial help to the needy. A hungry stomach can’t think properly

5. If starting a Dawah center is not an interesting thing for you, then start a part-time teaching center (madrasa) in a slum / dense area nearer to you, so you could teach them the real, peaceful and intelligent Islam. Need some advise / help on that? Let me know

Brothers, it is action time. And, actions need not be grand & time-consuming. Many people think in terms of changing the whole world in a week. Since there is no way they can do it, they stop doing anything. The point is start small.

You are not the only person who has a busy job or business. If I think it is the responsibility of richer Muslims, keep in mind for the homeless Muslims I’m a rich guy. You are richer than many people. And please bear in mind that you will be asked ONLY about you on the Day of Judgment.

Political Q & A: MMK (Need, Alliances, Seats, etc)

Background: MMK (மனிதநேய மக்கள் கட்சி) is a new political party, an offshoot of TMMK (தமுமுக) – a socio-political and Advocacy organization doing a lot of social services. This party is not against Muslim League. In fact, this party publicly announced they won’t contest in Vellore, where Muslim League is contesting. It is natural to be skeptic of a new party. So, here is a few Q & A. Please note that these are my responses, not MMK’s. And, I’m not a member of any political party.

Q1: Why do we need a new party?

A1: Why not? Seriously, what has Muslim league done in the last 10 years for the society? It really started as a party of Muslims, and was active under great leaders. But, what’s its status now? Its MP from Tamil Nadu has contested using DMK symbol. So, technically he is a DMK MP. In other words, this party has become a minority wing for the DMK. (I’m stopping here, as my objective here is not to complain about the Grand old (or, obsolete) party of Muslims)

Q2: Why doesn’t MMK contest alone? Why alliances?

A2: Once upon a time, the National parties (Congress, Janata, etc) dominated the elections and state assemblies. Not sure how many people know about this: Congress party once ruled Tamil Nadu. During those times, the contest (for an MP or MLA) would be between two major parties. The winner has to get more than 50% of votes.

Then, regional parties (DMK, TDP, etc) started to dominate elections. Besides, the National parties split. When there are three major contestants, all he needs is 34% of votes. These days, with so many smaller parties joining the fray, even 25% of votes is enough to win.

So, what is the point? The adult franchise system of election has some major drawbacks. Every party has to work with these deficiencies, and some take advantage of this.

Example 1: Modi decisively won the elections, after Gujarat pogrom. Muslims were in ghettos, and couldn’t vote.

Example 2: Some 10-15 years ago, a party won the Punjab elections with just 10% of eligible voters supporting it. Explanation: About 50% of eligible voters could not, or did not, vote. Among those who cast the vote, only 20% voted for it.

The implication is that alliances are crucial for survival in elections. The leaders of MMK probably took the various factors into consideration when they took the decisions. The whole point of alliance is “I support you, you support me, and together we win”.

Q3: Ok. But why did they talk to Sarath Kumar’s party? He is a Cinema guy.

A3: If an alliance with Sarathkumar is not palatable for us (he is a cinema guy), how about M/S Karunanidhi, Jayalalitha & Vijayakanth? They are cinema guys too. How long Muslims have been voting for MGR (Actor), Karunanidhi (The script writer & drama guy) and Jayalalitha (Actress). Muslim league is still allied with Karunanidhi, and he is still writing for Cinema.

Q4: Sarath Kumar’s Party didn’t even get 1000 votes in Tirumangalam by-election. (I don’t know if this < 1000 votes is a fact)

A4: There’s no alliance with Sarath Kumar’s Party. But, the answer to the objection is

1. This is a general election, and it is for MP seats, and is not by-election for an MLA seat. You can’t compare both.

2. Past Performance is not an indicator of future potential (All investment brochures mention this). This applies to not just parties, but also students, employees, and everybody. Just because a 9th standard student didn’t get 200 out of 500 doesn’t mean he’ll fail in the 10th standard. It could be that his teachers aren’t competent, or he didn’t focus, or his parents sent him out for so many work etc. When circumstances change, you will realize the potential of that student.

Q5: Why is that MMK not contesting in 10 or 20 seats? Why only 4?

A5: Lack of resources (Men, money, etc). If you regularly read the local newspapers (Tamil or English) you’ll know the cost of campaigning. Reports from NGOs suggest more than a crore was spent for an MLA election by each candidate. I don’t know how much money big parties are going to spend for each constituency, but it’d be in many crores of rupees. MMK doesn’t have that much money. Not all the money is spent for ‘buying’ votes.

And it takes time to build a support base, convince general voters – not just Muslims, and many more political activities need lot of men & money. When a party has limited resources, it’s wiser to focus on a few constituencies / seats.

More Q & A (in Tamil): ம.ம.க. தேர்தல் நிலைபாடு குறித்து மக்கள் எழுப்பும் ஐயங்கள்

Factors Affecting Permissibility of Insurance

Dear Brothers & Sisters in Islam, Assalamu Alaikum WRWB.

This is in continuation of an earlier blog mail titled Knowledge of Finance and Fatwas

Disclaimer: I am not an insurance broker, nor do i have anyone in my family selling it.

Most of today’s financial services (Stock market, Insurance, etc) are complex topics. One needs to spend considerable effort to understand them.  Insurance (in its various forms) is a complex subject, and an ever changing one. Many of us are confused as to whether it is acceptable or not. When we turn to Islamic Scholars (Muftis) for an answer, not many of them really understand the complexities/forms involved. But still some issue Fatwaas / religious edicts approving or disapproving these.

One scholar said “Medical insurance is Halaal, because there’s no interest in it”. Interest is not the only factor in determining if a business transaction (including Insurance) is Halaal or Haraam. On the other side are some scholars who say all insurances are Haraam, because it is a form of Gambling. I’m not sure if they really understood the differences between gambling and Insurance. I have no intention to defame the Scholars, or suggest that we can do the research and come to our own conclusion.

My point: We should explain the nuances of insurance (and other complex topics, including medical ethics) to Scholars, and then ask them “What does Islam say about this?”

I don’t believe there will be a consensus opinion on this topic. But, i think scholars should come to conclusions after considering all options. This is an attempt to find out the various aspects / factors that should be taken into account.

The following are some conclusions and decisions from The Fiqh Council of North America (FCNA).

1. The question of insurance is an ijtihadi question. It is not a mansus (textual) one. The scholarly responses are expected to be variant.

ஊடகங்களின் மறைத்தலும் திரித்தலும் தீர்வு என்ன?

Here is an award winning essay in Tamil:ஊடகங்களின் மறைத்தலும் திரித்தலும் தீர்வு என்ன? Its suggestions include

1.நமக்கென்று தனியாக ஊடகம் தொடங்கும் திட்டம்

2.கேபிள் தொலைக்காட்சி ஒளிபரப்பு

3.தனியார் தொலைக்காட்சிகளைப் பயன்படுத்திக் கொள்ளுதல்
4.ஊடகத்துறை குறித்த விழிப்புணர்வை ஏற்படுத்துதல்

5. சமுதாயப் பத்திரிகைகள் ஊடகப் பயிற்சிப் பட்டறைகளை உருவாக்குதல்

6.பத்திரிகைகளுக்கு வாசகர் கடிதம் எழுதுதல்

7. தொலைக்காட்சிகளுக்கு மறுப்பைத் தெரிவித்தல்

8. நீதிமன்றங்களில் வழக்குத் தொடுத்தல்
9. ஊடகங்களின் பேட்டிகளைப் பயன்படுத்திக் கொள்ளுதல்

and 8 more.

Knowledge of Finance and Fatwas

Assalamu Alaikum,

Most of today’s financial services (Share market, Insurance, Credit Cards etc) are complex topics. Even those who read/watch news don’t thoroughly understand them. But, what we see are some Islamic Scholars (who don’t understand the complexities involved in Insurance, Stocks, and other financial products) issue Fatwaas / religious edicts approving or disapproving these.

Here is an example: I listened to one Jumua (Yes, Jumua Khutba) bayan on Share/Stock market. He says share market is like gambling because

1) People buy and sell shares within hours

2) Buyers don’t know the company’s financials (like earnings, profits) whose shares they buy

3) The foreign buyers & owners hike the share price thru brokers

4) Buyers don’t know the company’s activities. They may do haraam business

5) Buyers can’t ask questions to the management

The problem is he got some facts wrong, and looks at this market from a day trader’s perspective. I’m not interested in elaborate counter-points, and I’m not issuing any fatwa on Stock/share market. But some facts are:

1. Sharia-compliant indexes (like S&P CNX 500 Shariah Index in India, a lot in US) screen the haraam-businesses. Details at
http://seyedibrahim.wordpress.com/2009/02/19/shariah-compliant-mutual-funds

2. All public companies issue Quarterly financials, and yearly results are audited

3. Managers of large Mutual Funds DO meet the senior management periodically, and ask questions

4. Mutual funds and private wealth managers don’t buy and sell in months. Warren Buffet has not sold many for decades. Even if one buys and sells within hours – What is Haraam here? If you buy a pen/house/gold, does Islam prohibit you from selling it in hours?

5. Share holders have the right to ask questions and vote on the issues, during AGM (Annual General Meeting)

6. Rules against insider-trading have been toughened in many countries

Bottom-line: Fatwas like “Everything related to Share market is haraam” are misleading, when the person who says doesn’t even understand the Share market. Insurance is a bit more complex than stock market. So, I think we should try to understand the reasons behind every fatwa, and check if the reasons are valid. I know it is tough, but Insha Allah if we spend some time reading, and then talking to some Aalims, we can learn a lot.

A word of Caution: One can’t become an Islamic scholar by reading a couple of books, watching a few lectures, or browsing a few webpages. On the other hand, blindly accepting Fatwaas from Muftis / Scholars, who lack financial knowledge is not a good idea either.

Solution/Way out: Write down all the arguments (for and against a financial service) and also your/other’s comments and questions. Then, take it to a scholar. By doing this, you are educating the Scholar on the finance side, and you learn the Islamic rulings. And then, please spread the word. Enter a comment in this blog too.