19 December, 2017

Blog

Muslim Law: The Need For Reform

By Reeza Hameed

Dr. Reeza Hameed

The All Ceylon Jamiyyathul Ulama (ACJU) is opposed to making any changes to the existing Muslim family law. Mufti Rizwi, who is a member of the Saleem Marsoof Committee appointed to look into reforms to the Muslims Marriages and Divorces Act (MMDA) of 1951, has made the oracular pronouncement that the law is ‘perfect in its present state’ and required no reform. Mufti Rizwi also presides over the ACJU. Regrettably, the views expressed by the Mufti and his outfit are anachronistic and obscurantist.

Matters relating to Islam and Muslim law ought not to be the sole concern of the ulema. In this comment I have touched upon some issues in the hope that it will contribute to the debate on the need for reform.

Minimum age for marriage

In Muslim law marriage is not a sacrament but a civil contract. Neither religious ritual nor having it done in a mosque is essential to confer validity to a marriage. A Muslim marriage is contract like any other in Islamic law. Parties to a marriage should have legal capacity to enter into the contract. There has to be an offer and an acceptance of that offer with the intention of establishing a marital relationship. There must be consideration given to the wife known as mehr. All the schools of law recognise that a person has freedom of choice to enter into a marriage and that he or she cannot be forced into one.

The age at which a young Muslim acquires legal capacity to marry has been a contentious issue. The traditionalist view adumbrated by classical jurists is that a person acquires the legal capacity to marry on attaining puberty. In the Hedaya, the manual on Hanafi law, the earliest age at which puberty is attained by a girl is 9 and by a boy at 12. A similar view is adopted by the Shafi School, which is followed by a majority of Sri Lankan Muslims. The presumption of Muslim law as applied in India and Sri Lanka is that a person attained puberty at 15.

In Sri Lanka, in a case decided in 1948, Justice Gratiaen decided that a Muslim minor becomes emancipated and, therefore, acquires capacity to enter into contracts on proof of attaining puberty or on reaching the age of 15. In 1950, in another case, Justice Swan held that, for the purposes of marriage, a Muslim attains majority on reaching the age of puberty. In my view these decisions ought to be reconsidered.

According to the Shafi School, an unmarried Muslim female requires the consent of her guardian to enter into a contract of marriage. There is no assurance that the guardian would always act in the child’s best interests or prevent child marriages from taking place.  There is also the risk that a young girl might be forced into a marriage she is not ready or willing to embark upon. Tahir Mahmood, editor of Fyzee’s standard book on Muslim law, has stated that the reason why Muslim law proclaims the majority of young persons who have reached puberty is to free them from the guardian’s authority to force them into unwanted marriages and not to promote child marriages. In my view, the imposition of a minimum age for marriage is the better safeguard.

Age limits have been prescribed by the law in many areas of human activity. The law does not permit a person from driving a motor vehicle until he is 18. A person is considered not fit enough to vote at an election until she is 18. A person cannot ordinarily bind himself in contract until he is 18. The rationale for denying persons who have not obtained majority is that they are deemed to be lacking in maturity of judgement and the degree of responsibility necessary to engage in such activities.

The ACJU is opposed to the setting of a minimum age for marriage for Sri Lanka Muslims and wishes to retain the attainment of puberty as the event to determine the capacity for marriage. The ulema seem to think that the introduction of a minimum age for marriage would amount to interfering in the religious beliefs and practices of the Muslims. In support of its position, the ACJU has cited the Prophet’s marriage to Aisha claiming that she was either 6 or 9 when it took place.

It is unfortunate that the ACJU has perpetuated the false narration about Aisha’s age to defend child marriages. The Prophet’s detractors have been making this claim in order to denigrate him. The ACJU, by repeating this falsehood, has sullied his good name.

Aisha was about 18 when she married the Prophet. (On this, see Dawn). There are traditions which report that, at the time of her marriage, Aisha had a good knowledge of Arabic poetry and genealogy as well as a good understanding of ethics. These attributes do not fit the profile of a 9 year old.

The Prophet’s daughter Fatima was 18 when he gave her in marriage to Hazrat Ali. They were married in Medina after the prophet migrated to Medina. The Prophet supposedly married Aisha before the migration but moved in to his household in Medina after the migration. If Aisha was 9 at the time, then Fatima would have been 17 or 18. How could the Prophet have taken a girl of 9 into his house as a wife when he had an unmarried daughter of 17 or 18 living with him? It is not plausible.

Historians and ulema have also misrepresented the age of Khadija, the Prophet’s first wife, to whom he was monogamously married for about 25 years. Many biographical accounts of the Prophet give Khadija’s age as 40 and the Prophet’s as 25 when they were married. Khadija was twice married and twice widowed before she married the Prophet. Khadija had given birth to children by both her previous husbands. She also gave birth to seven children by the Prophet, and the last of them was born a year after he attained Prophet-hood at 40. If she was 40 when she married the Prophet, then she would have been 56 years old when she gave birth to her last child, an unlikely proposition even by today’s conditions but especially so then, given the comparatively shorter life spans enjoyed by men and women and, in the case of women, the risks associated with child birth.

According to historians such as ibn Habib and Baladhuri, Khadija was in fact 28 when she married the Prophet. Thus, 12 years have been added to Khadija’s age, and 12 years have been taken off Aisha’s age.

While the ulema are given to citing the Prophet’s supposed underage marriage to Aisha to condone marriages to underage girls, they hardly ever encourage Muslim men to follow the Prophet’s example and marry either a widow or a woman of 40 (or above), as the Prophet supposedly did in Khadija’s case.

There is nothing in the Quran which says that a man should marry a young girl. There are references to marriage in Surah an-Nisa. The title is an indication that this surah’s concern is with women. In Surah an-Nisa verse 3 the Quran says: “And if you have reason to fear that you might not act equitably towards orphans, then marry from among other women…” It is clear from this verse that the marriage contemplated in the Quran is between men and women and not between men and girls.

In verse 6 of the same Surah there is a reference to ‘marriageable age’. The Quran does not specify when a girl reached marriageable age, but it is the commentators who have interpolated puberty as the stage when it is reached. For instance, Maulana Maududi has explained it to mean: “When they are about to attain their puberty, keep an eye upon them and go on testing their intelligence in order to see how far they have become capable of looking after their own affairs.” It is to buttress a false interpretation that the falsehood about Aisha’s marriage has been perpetuated.

It is not in the best interests of a girl to be married off early. Early marriage robs a girl of her childhood. It would cause her childhood to be interrupted and prevent her normal growth into adulthood. She would be denied the opportunity of education and the empowerment that comes with education.

Puberty is a physical fact but does not make a girl mature. Maturity comes with age. Marriage requires physical as well as mental and intellectual maturity. Puberty does not furnish the necessary maturity and intellect to deal with the complexities and demands of married life. Early marriage would prematurely cast upon a child the burdens of childbearing and childrearing for which she is ill equipped and is neither physically nor mentally prepared. It would expose her to the risk of child birth at an early age. Yet, puberty is advocated as an acceptable age at which to confer upon a girl the capacity to undertake the onerous burdens of a marriage and subject her to such risks.

Polygamy

Another contentious issue among Muslims relates to the institution of polygamy. Polygamy existed even before the advent of Islam, but the Quranic impulse is to abolish it. In Surah an-Nur verse 32 the Quran exhorts: “Marry those of you that are single”. It makes no distinction between men and women. There is nothing in this verse to suggest that men ought to take more than one wife.

In Surah an-Nisa verse 3 it is said: “And if you fear that you may not be just to the orphans, then you may marry whom you please of the women: two, and three, and four. But if you fear you will not be fair, then only one…”

Traditionalists among Muslims have argued that this verse encourages polygamy. This verse was revealed shortly after the battle known as the Battle of Uhud in which the Muslim army suffered heavy casualties, leaving many widows without carers. It was no longer possible for them to return to their clans which they had abandoned upon embracing Islam. Membership in the nascent Muslim community was based on affiliation to Islam and not on affiliation to a clan or a tribe. It was in this context that the verse permitting polygamy was revealed to alleviate the condition of those women, reluctantly giving acceptance to the institution, but hedging it with conditions.

The conditions hedging around plural marriages are difficult to fulfil and it is impossible for a person to maintain equality between two or more wives. Indeed, the following warning is given in the Quran in the same Surah at verse 129: “You will not be able to treat all women equally even if you wish to do so.”

Instead of regarding this as an exhortation not to engage in polygamy, the ulema have defended this institution claiming it to be a fundamental aspect of Islam. Maulana Maududi, echoing al-Razi’s view, has even interpreted this verse to mean that because it is not possible for a man to treat all his wives equally, it is too much to demand from a husband that he should mete out equal treatment to all his wives.

Maulana Umar Ahmad Usmani has argued that the Quran does not permit plural marriages except of widows and orphans in exceptional war like situations. The recommendation is for monogamy rather than polygamy. The late Maulana Mumtaz Ali, another product of the Deoband School, argued that marrying four wives simultaneously is not the intention of the Qur’an.

Gender equality

The ACJU is opposed to the appointment of a female as a judge asserting it is contrary to Islam. To support its position, it has relied on a fatwa issued by the Dar ul-Uloom at Deoband, according to which “appointing a woman as a judge was ‘near haram’”. Despite saying that picking and choosing madhabs would cause confusion, the ACJU has done exactly that by choosing a fatwa from the Hanafi Deobandi School.

Two verses from the Quran have been cited to defend the legitimacy of its position. (i) Surah 4 verse 34: “Men are protectors and maintainers of women”.  (ii) Surah 2 verse 228: “Men have a degree (of responsibility) over them”. A Hadith, too, has been cited.

The phrase “al rijalu qawwamuna ‘ala l-nisa” appearing in Surah 4 verse 34 has been the foundation on which the arguments about gender relationships have been constructed by the traditionalist ulema, and echoed by the ACJU. The meaning that is ascribed to the concept of qawwamah is central to an understanding of the relationship between men and women as conceived by the Quran.

Variable interpretations have been given to the word qawwamuna depending on the view that has been taken about its root word, with some deriving it from qiyam and others from qawam. The traditionalists, reading of qawwam as a derivative of qiyam (meaning ‘guardianship over other’), have argued that men are in charge of and are superior to women. Maulana Maududi has understood the verse to mean: “Men are the managers of the affairs of women because Allah has made the one superior to the others and because men spend of their wealth on women.” Maulana Ahsraf Ali Thanvi of the Deoband School translated qawwam to mean ruler over women. 

Others have interpreted qawwamun as derived from qawam. T.B. Irving says that qawm is a difficult word to translate properly. He has translated the word to mean to ‘stand up’ as in to defend the common interests. In this sense, men are not superior to women but they are required to stand up for the rights and safeguard the interests of women.

Rather than expressing a relationship of superiority over women, qawwamuna implies an obligation on men to maintain women. The Quran in Sura 2 verse 228 comes strongly in favour of gender equality when it says of women: “They have rights similar to those against them.” Surah an-Nisa itself begins with the divine declaration that both men and women are from the same soul and are equally accountable to the Creator.

According to the hadith cited by the ACJU the Prophet had said: “No people will ever prosper who appoint a woman in charge of their affairs.” This hadith is based on a solitary report (ahad) by a person named Abu Bakrah. Hadith scholars distinguish between various types of hadith based on how sound they are. Thus, a mutawatir (massively transmitted) hadith refers to a report that was narrated by large number of people with a degree of consistency in their reports such that that all of them cannot be expected to agree upon a lie. An ahad hadith is lacking in the qualities of a mutawatir hadith and, therefore, does not inspire the same degree of certainty.

It is to be noted that this hadith was included by Bukhari in the chapters on Campaigns and Civil Strife. In Tirmidhi’s collection it has been included only under the chapter on Civil Strife. It is only in al-Nasai’s collection that it has been placed in a chapter dealing with the rules applicable to judges. What it demonstrates is that different hadith collectors have used a single hadith originating from a single source differently by placing it under different subjects, attributing different interpretations upon it. The ulema, in turn, have constructed a rule of far reaching implication for women based on the authority of a single narration of uncertain if not doubtful certainty.

More significantly, this hadith is inconsistent with the story of Bilkis, or the Queen of Sheba, as narrated in the Quran. The Quran says that her rule had been just. Rather than approaching the hadith through the Quran, the ulema have approached the Quran through the Hadith and given preference to the hadith even where it is inconsistent with the Quran.

Public interest

It was reported that the Committee had asked the ACJU to look into the possible use of the concept of public interest to develop the law when reforming it.

The shariat permits the adoption of a rule which promotes public good and the broader principles of justice. Istihsan, which means giving preference to a regulation in the interests of justice, is a recognised principle of Islamic jurisprudence. It is related to the principle of interpretation known as maslaha. Maliki law has an equivalent principle known as istidlal.

In 1936, the late Maulana Ashraf Ali Thanvi issued a fatwa in which he advocated the adoption of certain principles of the Maliki School with a view to empowering women subject to Hanafi law to have their marriages dissolved on grounds recognised by Maliki law. Maulana Thanvi was from the Deoband School which adheres to the law as expounded by the Hanafi School. Hanafi law prevented Muslim women from getting divorced without their husbands’ consent. Maliki law recognised a woman’s right to divorce based on certain grounds such as the husband’s refusal to provide maintenance or his insanity.

The Maulana, motivated by his desire to ameliorate the hardship of Muslim women locked into miserable marriages, issued the fatwa to recommend the dissolution of marriages based on grounds recognised by Maliki law. His efforts resulted in the enactment of the Dissolution of Marriages Act 1939. The statement of objects of this Act declares that the Hanafi jurists have clearly laid down that, where the application of the Hanafi law causes hardship, it is permissible to apply the provisions of the Maliki, Shafi or Hanbali law, and the Act was being enacted “in order to relieve the sufferings of countless Muslim women.” This is an example of a change in the law brought about in the public interest.

It demonstrates that in Islamic jurisprudence there is no impediment to picking and choosing from different madhabs, or to change the law on public interest grounds.

Moving from one madhab to another should raise no objection because the orthodoxy of all four schools is accepted by each other. Choice is an essential feature of sharia and courts have upheld this choice. Hence, the submission made by ACJU that if the madhab is not specified it could lead to people picking and choosing from different madhabs, is a reflection of confused thinking.

There is, of course, a case for removing the word ‘sect’ from the Act. The term ‘sect’ is commonly rendered in translation as a heresy, but a Sunni madhab is not a heresy.

*The writer, Dr Reeza Hameed is an Attorney-at-Law

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Latest comments

  • 20
    5

    Isn’t it time all the progressive Muslims denounced this stone age muftis. Reject Jamiyathul Ulama stone them in the public square like in the stone age. Also hasn’t it dawn on anyone that prophet Mohamed’s biography was written 100 years after his death. Can we request the Ulemas to write the Biography of a person died 100 years ago to prove the point how much bull crap it can create.

    • 15
      2

      Patriot

      “Isn’t it time all the progressive Muslims denounced this stone age muftis.”

      Isn’t it time all the progressive Buddhists denounced this iron age saffron clad racists.

      “Reject Jamiyathul Ulama stone them in the public square like in the stone age”

      Would you consider rejecting the racist Sangha and impale them in public square like in the medieval times? Or invite Svendra Silva to use his expert knowledge and experience in the art of inserting hot iron rot into posterior.

      How would you like yours?

      • 5
        3

        Yo what is the relevance of the Sanga here.

    • 4
      3

      Dear Dr Reeza Hameed, Attorney-at-Law

      PART 2 (292Words)

      RE: Ulema? Are they Scholars of Knowledge and Wisdom? No, according to Ibn Rushd, most erudite Islamic Scholar,

      1. “Matters relating to Islam and Muslim law ought not to be the sole concern of the ulema.”

      2. “The ulema, in turn, have constructed a rule of far reaching implication for women based on the authority of a single narration of uncertain if not doubtful certainty.”

      3. “Maulana Umar Ahmad Usmani has argued that the Quran does not permit plural marriages except of widows and orphans in exceptional war like situations.”

      Thanks the very clear narration of the issues and the ignorance and hegemony of the Ulama. Al-Kindi, clearly stated that in the 9th century, 2nd Century AH.

      What did one of the greatest Islamic Scholars, Judge, Polymath and Philosopher, Ibn Rushd, aka Averroes say about the Theologians and the common people?

      He Says: Only the learned can understand the “Precious Book”, The Quran, the Book of knowledge. The learned are the Philosophers.

      The Theologians, Ulama are litertalists, do not understand, because they are not learned. All your narration about the deficiencies of the Ulama have been observed 1,000 years and only the philosophers can.

      So what did the Ulama do? Get the authorities to burn the Philosophy books. This happened to Ibn Rushd’s books.

      Do the Ulama have 48 chromosomes or 46? What about their Chromosome #2? If they are people of knowledge, they should be able to tell. They could bot figure out Hazrat Aisha or Hazrat Faitma’s age at marriage.

      Read Faith and Reason in Islam: Averroes’ Exposition of Religious Arguments by Averroes (Author),)

      The twelfth-century Muslim philosopher Averroes, which reveals his controversial views about reason, religion, and humankind’s relationship with God.

    • 4
      15

      Is this an analysis of another PhD – Permanent head Damage. O Muslims listen to your Scholars, not journalists with an agenda with their load of crap / fake news.

      • 7
        2

        Ceylonese and Muslims with Common Sense and Intelligence,

        (300 Words)

        “Muslims listen to your Scholars,”

        Yes, Scholars. Who are the Greatest Scholars?

        The Ulama of ACJU are NOT Scholars. They are literalists, who even cannot correctly understand and interpret the Quran and Hadith. They appear as Idiots who wants to maintain their hegemony. It is about their hegemony. Just read what Al-kindi had to say in the 9th Century.

        1. Abd’l-Walid Ibn Rushd, stands out as a towering figure the history of Arab-Islamic thought, well as Est-European philosophy and theology. He also pointed out the many errors of Hamid Al-Ghazali, another towering figure, in his Incoherence of the Incoherence.

        2. Hamid Al-Ghazali, another towering figure, in his Incoherence of the Philosophers, with 17 Errots out of his 20 points, pointed out by Abd’l-Walid Ibn Rushd

        3. Avicenna or Ibn Sīnā (Arabic: c. 980 – June 1037) was a Persian polymath who is regarded as one of the most significant thinkers and writers of the Islamic Golden Age.
        Besides philosophy and medicine, Avicenna’s corpus includes writings on astronomy, alchemy, geography and geology, psychology, Islamic theology, logic, mathematics, physics and poetry.

        4.Al-Farabi (/ˌælfəˈrɑːbi/; Arabic: Abū Naṣr Muḥammad ibn Muḥammad Al Fārābī;, known in the West as Alpharabius (c. 872 – 951), was a renowned philosopher and jurist who wrote in the fields of political philosophy, metaphysics, ethics and logic. He was also a scientist, cosmologist, mathematician and music scholar.

        5. Abu Yūsuf Yaʻqūb ibn ʼIsḥāq aṣ-Ṣabbāḥ al-Kindī ( 801–873 AD), known as “the Philosopher of the Arabs”, was a Muslim Arab philosopher, polymath, mathematician, physician and musician. Al-Kindi was the first of the Muslim peripatetic philosophers, and is unanimously hailed as the “father of Islamic or Arabic philosophy” for his synthesis, adaptation and promotion of Greek and Hellenistic philosophy in the Muslim world.

    • 4
      12

      A primitive religion cannot be modernized by changing its religious leaders. It is like changing the pillow to cure a headache.

      Don’t blame the Ulemas. They only say things that they think are written in the Holy Quran. The root cause is the religion itself.

      • 6
        0

        Thiruvathavoorar Lakshminarayan

        (298 Words)

        “Don’t blame the Ulemas. They only say things that they think are written in the Holy Quran. The root cause is the religion itself.”

        The problems started when the Ulemas took an upper hand and controlled, just like the Sinhala-Buddhist Monks, and the Catholic pop[es. The people needs to be freed from them. The low IQ of the people helps the Ulama, Priests and Monks.

        Yes, until then the people will be slaves to the Ulama, Priests and Monks.

        The Ulama of ACJU are NOT Scholars. They are literalists, who even cannot correctly understand and interpret the Quran and Hadith. They appear as Idiots who wants to maintain their hegemony. It is about their hegemony. Just read what Al-kindi had to say in the 9th Century.

        Abu Yūsuf Yaʻqūb ibn ʼIsḥāq aṣ-Ṣabbāḥ al-Kindī ( 801–873 AD), known as “the Philosopher of the Arabs”, was a Muslim Arab philosopher, polymath, mathematician, physician and musician. Al-Kindi was the first of the Muslim peripatetic philosophers, and is unanimously hailed as the “father of Islamic or Arabic philosophy” for his synthesis, adaptation and promotion of Greek and Hellenistic philosophy in the Muslim world.

        Unfortunately only a fraction of the Muslim men, understand the real issues and the knowledge contained in the “Precious Book”, the Quran, per Ibn Rushd. Al-Kindi, accused the Hanabalites and other traditionalists, of graft and social ambition. For they assume the posture of genuine seekers of truth, he writes, “simply defend.the positions of pre-eminence on society, as a means of gaining ascendancy or trafficking in religion:whereas they are devoid of religion altogether”

        This description perfectly fits the current Ulama of ACJU, and Muslim girls and women should be included as well for protection, without being treated like chattel, as per the Ulama of ACJU.

      • 2
        9

        Primitive religion is Hinduism, Hindus say it is over 3000 years. No wonder you cannot stop these idiots worshiping, monkeys, cobras and cow and also applying cow dung everywhere and drinking it’s urine. There are some Ulemas too having the same mentality like your priest.

        • 8
          0

          Ralli Ameen

          “No wonder you cannot stop these idiots worshiping, monkeys, cobras and cow and also applying cow dung everywhere and drinking it’s urine.”

          I see your point.

          However, don’t you see a variety of animals are being elected to top offices in some countries. For example donkeys in the west, monkeys in South Asia and Camels in between. Some get married to cows, donkeys, monkeys, ……….

          Some animals are happy to be crowned as kings in other countries and some become dictators.

      • 3
        0

        Stone Age Islam is changing, albeit somewhat shyly. The modern world is forcing it to change. That is just as well. They seem to now think unless they agree to something like 2 children per couple and the illegalisation of child-marriage they will be further ostracised by the world. Women are slowly being allowed into the ruling structures in Arabia. They are now allowed to drive vehicles there. The division in the Islamic world between Stone Age habits and the modern world is increasingly palpable. Societies in Iran, Egypt, Turkey, UAE, Lebanon, Malaysia, Indonesia, Pakistan are moving towards a more secular world while retaining the essential non-compulsive features of the Koran. The extremists, Wahabists, Salafists within are forced to fall in line.

        In India and Sri Lanka Muslims in both countries benefit from the secular protection of British influenced Constitutions. Pakistan and Bangladesh less so but they are far progressive than Talibanic Muslim countries. Good news for Muslims worldwide.

        Backlash

        • 1
          0

          Backlash

          “Stone Age Islam is changing, albeit somewhat shyly. The modern world is forcing it to change. That is just as well.”

          The Islamic Philosophers and scientists tried to change 1,000 years ago, but the Ulama prevailed die to political reasons.

          The Muslims entered their dark ages.

          HE ACLU, wants to prevail and keep the Muslims in the dark ages.

          Europe got out of it 500 years ago with the Age of Reason and Enlightenment.

          When the Ulama are sidelined, the Muslims will reach the age of Reason and Enlightenment very quickly.

          Read up on Ibn Rushd, Averroes and others.

      • 1
        0

        TL
        “The root cause is the religion itself.”
        A slight amendment:
        “The root cause (of all trouble) is RELIGION itself.”

    • 2
      0

      Dear Dr Reeza Hameed, Attorney-at-Law

      PART 2 (292Words)

      RE: Ulema? Are they Scholars of Knowledge and Wisdom? No, according to Ibn Rushd,Averroes.

      “The ACJU is opposed to the setting of a minimum age for marriage for Sri Lanka Muslims and wishes to retain the attainment of puberty as the event to determine the capacity for marriage. The ulema seem to think that the introduction of a minimum age for marriage would amount to interfering in the religious beliefs and practices of the Muslims. In support of its position, the ACJU has cited the Prophet’s marriage to Aisha claiming that she was either 6 or 9 when it took place.”

      The truth about Muhammad and Aisha
      Myriam Francois-Cerrah

      Ayesha,a stateswoman, scholar, mufti, and judge, Aisha combined spirituality, activism and knowledge and remains a role model for many Muslim women today. The gulf between her true legacy and her depiction in Islamophobic materials is not merely historically inaccurate, it is an insult to the memory of a pioneering woman.

      Those who manipulate her story to justify the abuse of young girls, and those who manipulate it in order to depict Islam as a religion that legitimises such abuse have more in common than they think. Both demonstrate a disregard for what we know about the times in which Muhammad lived, and for the affirmation of female autonomy which her story illustrates.ost erudite Islamic Scholar.

      https://www.theguardian.com/commentisfree/belief/2012/sep/17/muhammad-aisha-truth

    • 1
      0

      Dr. Reeza Hameed
      RE: Muslim Law: The Need For Reform
      (300 Words)
      “Matters relating to Islam and Muslim law ought not to be the sole concern of the ulema. In this comment I have touched upon some issues in the hope that it will contribute to the debate on the need for reform.”

      “It is unfortunate that the ACJU has perpetuated the false narration about Aisha’s age to defend child marriages. The Prophet’s detractors have been making this claim in order to denigrate him. The ACJU, by repeating this falsehood, has sullied his good name.”

      The Ulama are opportunists. who want to maintain their hegemony.
      AISHA, WIFE OF THE PROPHET MUHAMMAD, DIES

      Though her birth year is unknown, Aisha’s lineage is clear. She belonged to the Banu Taym, a sub-clan of the tribe of Quraysh, to which her mother, Um Ruman, and father, Abu Bakr belonged. Abu Bakr was a wealthy merchant and powerful tribal leader in Mecca, as well as a close companion of Muhammad and first Caliph of Islam. As such, Aisha enjoyed a privileged childhood, learning to read and write at a young age.
      In addition to being a wife and scholar, Aisha was also a warrior and leader. Upon the death of the third Caliph Uthman, Aisha gathered an army to fight Ali bin Abi Talib, the cousin and son-in-law of Muhammad, whose claim to the caliphate she challenged. She led an army to war in the Battle of the Camel, which she lost.

      In her later years, Aisha continued to relate teachings and traditions of Muhammad. She died on 13 July 678 at the age of 66. Aisha was among the most influential figures in Islam’s early years and one who modern Muslims continue to regard as a leading female figure in Islamic history.

      http://www.historychannel.com.au/this-day-in-history/aisha-wife-of-the-prophet-muhammad-dies/

    • 1
      0

      Dr Reeza Hameed, Attorney-at-Law

      Clamouring for change

      Ceylon Today Features

      A recent statement by the President of All Ceylon Jamiyyathul Ulama (ACJU), Rizwe Mufthi, regarding the Muslim Marriage and Divorce Act (MMDA) has caused quite a stir among women’s groups as well as amongst those who are considered as ‘moderates’ in the country. Mufthi has stated that the MMDA is “perfect in the present state” and does not require changes.

      Read on

      Expose until reformed…

      https://ceylontoday.lk/print20170101CT20170331.php?id=18388#.WOC9km4tcUM.facebook

  • 20
    2

    There should be one law governing all marriages and all religions in Sri Lanka. Its time we unify Sri Lanka.

    • 1
      10

      No, if a criminal is a Muslim he/she must have option of choosing relevant punishment as per Sharia.

      Soma

      • 1
        5

        Gujarat state has passed a legislation that slaughtering of cow will result in life sentence. Will Sinhala people have guts to pass such a legislation.

        • 9
          0

          Sinhala people are not cows like Gujaratis.

          • 0
            0

            Edwin,
            we dont need to talk about COWs, but any state has been able to control over the wild elephants and the harm being done by them in those farming community- and their livelyhood.

          • 0
            0

            Edwin,
            we dont need to talk about COWs, but has anystate sofar been able to control over the wild elephants and the harm being done by them in those farming community- and their livelyhood.?

        • 4
          0

          Al-faqurlah

          “Gujarat state has passed a legislation that slaughtering of cow will result in life sentence. “

          Gujaratis and many Hindus believe that the cow is scared and is a Goddess (?) and cannot be slaughtered.

          Goats, Sheep, Chicken, Buffaloes, Elephant, Tigers etc are fair game, even though Lord Ganeshan is an Elephant, is the South.

          For Buddhists all animals are sacred, but many do not follow the rules.

          For many others, no animal is scared, inclidimg primates and homo sapiens ( People).

          Did the Paleolithic man eat meat?

      • 8
        0

        somaaasss

        What is the recommended punishment according to Mahawamsa for child molesters particularly those Sinhala/Buddhists who rape their own daughters?

        How about impaling which was widely practiced by Sinhale kings? Or the modern day punishment popularised by Svendra Silva, inserting a hot iron rot through/into anus of the guilty?

        If you are the guilty you would enjoy the punishment/sensation wouldn’t you?

        • 1
          3

          your problem with Mahavamsa is a different one because it is the greatest obstruction to tamil tribal fake history. Between Mahavamsa is not a religious book and has not defined any religious laws. So stop being an idiot

        • 2
          1

          Native Vedda, RE; Soma’s comment

          (249 Words)

          “What is the recommended punishment according to Mahawamsa for child molesters particularly those Sinhala/Buddhists who rape their own daughters?”

          What about the Sinhala Buddhist Monks? The Tibetan Monks?

          Al-Kindi, a ninth century Islamic Philosopher, accused the Hanabalites and other traditionalists, Ulama, of graft and social ambition. For they assume the posture of genuine seekers of truth, he writes, “simply defend.the positions of pre-eminence on society, as a means of gaining ascendancy or trafficking in religion:whereas they are devoid of religion altogether”

          True for Buddhists, Sinhala and Tibetan as well.

          Child Abuse by a Monk in Habaraduwa

          Uploaded on May 29, 2010
          She sent her grandson to school with the idea of providing him with proper education to make him a good person. The Buddhist monk in charge of the temple asked her to send the child to the temple and she sent him there because they were poor. There was no possibility for them to pay the money for tuition fees. That was the reason why they sent the boy to the temple school.When the child began to refuse going to the temple school so adamantly, grandmother had to look for the reason. It was then only that she discovered that the child who was sent to learn good behavior, ethics and Buddha’s Dharma from the monk had in fact been abused by the monk.

          https://www.youtube.com/watch?v=yNSC93mPs4I&t=268s

          Buddhism The Great Evil — Part 1

          https://www.youtube.com/watch?v=wNOfTGSADdY&t=183s

          Buddhism The Great Evil — Part 2

          https://www.youtube.com/watch?v=clcs2PSze0I&t=42s

    • 5
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      Park

      “Its time we unify Sri Lanka.”

      You mean under Sinhale.

  • 7
    2

    Dear Reeza,
    Anachronistic yes. Obscure not in the slightest sense of the word. It is sad to see the amount of verbiage needed to defend and repulse a derogatory ideology. These are issues that should appeal to common sense and not with chicken scratch written by a madman in 7th century Arabia. Islam will always refuse to reform. It has been tried before to no avail. By its own actions, this militant ideology has chosen extinction. So I would only ask them to keep doing what they do best. To honor this ridiculous right of passage by martyrdom, to be rewarded in the afterlife. What lunacy.

    As Masjid Nawwaz states in “Islam and the future of tolerance”, the need for reform should come from within the community so I urge Sri Lankan liberal muslims to stand up and ask for reform. If you do not evolve to suit the times, extinction is inevitable.

  • 4
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    Reeza Hameed,

    Good post.

    Now you wanted Age Reforms, because of another version says Aisha was 18 when married to prophet (PBUH)?

    OR, to have the same law for all, and to be in line with standards defined for whatever best for the human being?

  • 10
    1

    Well written article. Could not be more clearer as the fact of the matter clearly outlined using logic, rational arguments and the points from the Scholars from very Deabond school and Moulana Maududi. ACJU is there to cherry pick quotes and give favourable Fatwas to support the CASH RICH BUSINESSMEN in Pettah and other high streets. Who wants justification to marry four wives or albeit under-age girls. The implications of this under-age marriage would only be felt by daughters of poor. I bet none of these ACJU fellas would let their daughters marry whilst they are under-age or would give their daughters as second wives (albeit, they are busy with making Women only medical faculty and Hospital). First, they made money through GOLD COIN trade, then through HALAL fiasco, later through opulent tax-payer funded trip to Geneva and since they lost credibility, they use MMDA as a tool to regain their lost credibility.

  • 11
    2

    Dear Reeza Hameed,

    This looks an excellently put together article.

    Afthab Ahamed deplores “the amount of verbiage needed” on this subject. And they must be written by Muslims themselves.

    It is a problem that must concern all Sri Lankans: there must be an end to such bondage. Many more articles MUST be written!

    We “lookers-on” cannot possibly read every one of them carefully. But I think that ALL readers must commend each positive article on this subject, and decry what MCPs say.

    • 4
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      Sinhala_Man,
      Love your misinterpretation of my statement. I do not deplore the article. I deplore the effort and time wasted on trying to fend against stupid, archaic and inhumane ideas that should be shunned on site.

      Bravo to you

      • 3
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        Thanks for your generous response Afthab!

        Actually I meant what you have stated to be your attitude.

        There are so many worthy causes on which we have to spend time, but there are so many people who are stubborn that an amazing amount of thinking has to go in to persuading those people to change their “stupid, archaic and inhumane ideas”.

        If we non-Muslims say too much it could get counter-productive. I’m conscious of the need for me to never talk about other aspects of Islam (after all, how can I? It would be ridiculous to say I “understand” a whole religion.). This one issue is about basic human rights, and that should be clear to all Muslims. At least it is true that guys like me are not going to teach the Muslim community how to live their lives.

        Your sense of humour, and your obvious good nature, will prove to be an asset in this.

        I wish you all success in your efforts!

        • 2
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          SM
          You are essentially right. It will help if we take stands on basic human rights in context.
          Right to a faith is also a human right.
          Right to private property too has been smuggled into the UN Charter on Human Rights.

          There is a sensitive contextual dimension which people targetting particular groups willingly choose to ignore.
          Islam is not practiced the same way even within specific sects. Cultural history could be a more powerful force than religious faith when it comes to social practice. (That is true of Christianity as well.)

          I fear that unfortunately many non-Muslim reformers of Muslim society on these pages have other things in mind.

    • 1
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      Sinhala_Man

      “It is a problem that must concern all Sri Lankans: there must be an end to such bondage. Many more articles MUST be written!”

      Name of the game is expose, expose and expose.

      Now the All Ceylon Jamtul Ulama (ACJU) are exposed, and they are retracting. are they getting New Revelations? From are they getting it?

      Angel Gabriel?. The last time i checked, the Angel had moves on from the Revelation business.

      Is it the Iblis, Satan, Shaytan, who is controlling the Wahhabi Saudis now making the revelations?

      Just curious.

  • 4
    3

    The Eternal Truths

    The Holy Quran is supposed to contain eternal truths. It is not supposed to undergo evolution as some present day Muslims or anyone else want it to. God created the universe and all things animate as well as inanimate within it. God in his infinite wisdom made these rules and got them written down in the Holy Quran. Only infidels and blasphemers talk about changing these.

    The Holy Quran clearly tells us that women are inferior to men. In fact many rules suggest that the holy formula is 1 Man = 5 Women. Alternatively, a woman is worth only 20% of a man.

    If the Muslims want to change the laws clearly laid down in the Holy Quran, let them start with the more important ones that affect everyone of us irrespective of whether we are Muslims or not or whether one is a man or a woman. I give below, some of the rights in the order of importance.

    1- Right for Life

    2- Right for belief (This means that if at anytime you consider a religion unsatisfactory, you should be completely free to leave it.

    I am sure that any reasonable person would agree that the above rights are more important than the rights of women to do this or that. So if the Muslims want to evolve and change rules given in the Holy Quran, let them start with those.

    • 0
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      Dear Edwin Rodrigo
      (296 Words)
      “The Holy Quran is supposed to contain eternal truths. It is not supposed to undergo evolution as some present day Muslims or anyone else want it to. …”
      It is like the Ancients, Greeks, Joshua, and the catholic Church, based on the same data, THEY SAID that THE SUN GOES AROUND A STATIONARY EARTH, STILL BELIEVED by 25% of Americans, 34% of Europeans, and 50% of others including Sri Lankans and Arabs and others.

      They have not yet heard about Copernicus, Galileo, Kepler Newton and Foucault.

      The Ulama and ACJU are like that. They have the Quran and Hadith, and look up at the sky and literally translate and interpret and believe what is in the Quran and Hadith is the literal truth, without understanding the context under which it was revealed or documented.

      According to Ibn Rushd, Averroes, the 12th Century Jurist, Polymath, Scholar and Philosopher, the Theologians are NOT the people of knowledge to understand the knowledge contained in the Quran and Hadith, and are literalists.

      Imagine what would have happened if the Catholic Church Prevailed, and there was no reformation, no enlightenment, an no age of reason, and the Catholic church and the Inquisition would have prevailed.

      Thomas Aquinas read widely the works of Ibn Rushd, Averroes, the Commentator on Aristotle, and that helped the West to better understand Aristotle, and causation.

      The Ulama and Theologians do not understand Reason and Philosophy. They do understand stupidity and hegemony.

      We would still be in the dark ages and under the dark ages of the Church and Ulama as well, had it not happened.

      Still many Muslims are in the dark ages of the Ulama, despite living in the 21st century innovation that resulted in reason and enlightenment.

      Averroes
      https://en.wikipedia.org/wiki/Averroes

  • 2
    14

    Reeza,

    There is no need whatsoever to change the Muslim marriage law. Please take the time to listen to the wise counsel of the elders of the community rather than trying to highlight a problem that does not exist.

    15 years is an appropriate age for girls to be given in marriage. Parents and immediate family members are in the the best position to decide about the future of a girl including selecting a life partner. Parents and family will always act in the girl’s best interests and this provides more assurance than any secular law and ill informed lawyers.

    The obedience of a girl to the collective wisdom of her family and community is a fundamental requirement for the stability of a Muslim society. Otherwise, there will be chaos, which you most regrettably seem to promote. Muslim girls should be taught that starting a family early on in life is the best course for her as well as the continuity of the Muslim fraternity.

    Now about polygamy, we all agree that it is not for everyone. Those who are financially and physically able to provide for more than one family should be encouraged to have more than one wife. This facilitates security to women who otherwise would not in a position to have the security of a husband. Added to that, well-to-do men are provided a legal alternative of having more than one wife – the alternative being resorting to sin and adultery.

    May Allah the Almighty give you the wisdom to understand!

    • 5
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      Wise Counsel

      “Please take the time to listen to the wise counsel of the elders of the community”

      You mean the old perverts.

    • 7
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      We hear of polygamous marriage, but they do not seem to marry widows and orphans. I would like to know how many men married women who were widowed by the LTTE. For e.g Women who were widowed at Medirigiriya or at Kanthakudy mosque shooting.

      • 0
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        Salma,

        Don’t you know selfish Muslims usually grabs what is advantageous for them, and show Quran as the sole reason for their choice?

        Untrimmed beard and prayer bumps or browneye on the forehead are the license for most of these guys

    • 5
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      Wise counsel such as you ? What rubbish.

      It is time for educated Muslims in this country to rise against Ruzvie Mufthi and the ACJU.

    • 1
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      In the Islamic Shariah, the definition of a child is a young human being below the age of puberty and marriage is strictly prohibited. An adult (after puberty) has various condition set forth for marriage, such as state of maturity, acceptance of both parties and etc.

      Whoever establishes the rights of Allah, Allah will safeguard everything that will benefit him in this life and the next. Whoever wants Allah to preserve him and tend to all of his affairs, let him first tend to Allah’s rights on him. Whoever does not wish to be afflicted by anything he dislikes, let him not undertake what Allah dislikes. One of the Salaf would go to gathering after gathering saying, ‘Whoever wants Allah to preserve his well-being, let him have taqwa of Allah.’

      Lo! those who disbelieve the revelations of Allah, Allah guideth them not and theirs will be a painful doom. (The Noble Quran 16:104) Only they invent falsehood who believe not Allah’s revelations, and (only) they are the liars. (The Noble Quran 16:105) Whoso disbelieveth in Allah after his belief – save him who is forced thereto and whose heart is still content with the Faith – but whoso findeth ease in disbelief: On them is wrath from Allah. Theirs will be an awful doom. (The Noble Quran 16:106) That is because they have chosen the life of the world rather than the Hereafter, and because Allah guideth not the disbelieving folk. (The Noble Quran 16:107) Such are they whose hearts and ears and eyes Allah hath sealed. And such are the heedless. (The Noble Quran 16:108) Assuredly in the Hereafter they are the losers. (The Noble Quran 16:109)

    • 2
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      Wise Counsel?

      (244 Words)

      “Please take the time to listen to the wise counsel of the elders of the community rather than trying to highlight a problem that does not exist. “

      Wise Counsel for the Idiotic Ulama, who wants to control Both the Muslims with Common sense and Without common sense?

      What did the great Islamic scholars say?

      The Ulama like that of ACJU are NOT Scholars. They are literalists, who even cannot correctly understand and interpret the Quran and Hadith. They appear as Idiots who wants to maintain their hegemony. It is about their hegemony. Just read what Al-kindi had to say in the 9th Century.

      Abu Yūsuf Yaʻqūb ibn ʼIsḥāq aṣ-Ṣabbāḥ al-Kindī ( 801–873 AD), known as “the Philosopher of the Arabs”, was a Muslim Arab philosopher, polymath, mathematician, physician and musician. Al-Kindi was the first of the Muslim peripatetic philosophers, and is unanimously hailed as the “father of Islamic or Arabic philosophy” for his synthesis, adaptation and promotion of Greek and Hellenistic philosophy in the Muslim world.

      Unfortunately only a fraction of the Muslim men, understand the real issues and the knowledge contained in the “Precious Book”, the Quran, per Ibn Rushd. Al-Kindi, accused the Hanabalites and other traditionalists, of graft and social ambition. For they assume the posture of genuine seekers of truth, he writes, “simply defend.the positions of pre-eminence on society, as a means of gaining ascendancy or trafficking in religion:whereas they are devoid of religion altogether”

    • 2
      0

      You sir are emblematic of what is wrong with the entire Muslim community. At least now when there is so much opposition to the position that you are taking try and see what is wrong with what you are saying.

      The stability of a Muslim society does not require that Muslim women be oppressed. The stability of a Muslim society requires that young women as much as young women be given the opportunities to be educated and grow into thinking human beings who can contribute to the well being of their community. That is not chaos that is a healthy society. And the Muslim community is just that not a brotherhood but a community of both men and women. Your statement completely erases women, their choices, their wishes their ambitions and their future contributions to society. What you are saying is classic misogyny.

      This is not to say that women should not me wives and mothers as well but in this day and age women are wives and mothers but also lawyers and doctors and scientists and religious scholars and political leaders.

      Its time people like you with your outdated ideas started to broaden your minds a little bit to enable all Sri Lankan Muslim women to fulfil their full potential.

    • 0
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      “The obedience of a girl to the collective wisdom of her family and community is a fundamental requirement for the stability of a Muslim society.”

      I would like to rephrase this to read “Increasing the knowledge base of the collective wisdom of her family and community is a fundamental requirement for the stability of All Women in Any Society”.

  • 2
    1

    Dear Dr Reeza Hameed, Attorney-at-Law

    PART 1 (300Words)

    “Matters relating to Islam and Muslim law ought not to be the sole concern of the ulema. In this comment I have touched upon some issues in the hope that it will contribute to the debate on the need for reform.”

    Thank you for your efforts to reform MMDA, despite the underhand efforts by the Ulama, the “Self-Appointed” guardians of Sri Lankan Muslims, especially the Muslim girls and women. As an attorney, you are not even allowed to sign your own marriage contract, and inherit only 50% of what a man inherits. Is that what the Quran says?

    Unfortunately only a fraction of the Muslim men, understand the real issues and the knowledge contained in the “Precious Book”, the Quran, per Ibn Rushd. Al-Kindi, the first 9th Century Muslim known as “the Philosopher of the Arabs”, was a Muslim Arab philosopher, polymath, mathematician, physician and musician, accused the Hanabalites and other traditionalists, of graft and social ambition. For they assume the posture of genuine seekers of truth, he writes, “simply defend.the positions of pre-eminence on society, as a means of gaining ascendancy or trafficking in religion:whereas they are devoid of religion altogether”

    This description perfectly fits the current Ulama of ACJU, and Muslim girls and women should be included as well for protection, without being treated like chattel, as per the Ulama of ACJU.

    There is an ABSOLUTE NEED for an Alternative Islamic Scholar Philosopher -Ulama Majlis in Sri Lanka, who are altruistic, unlike the current Ulama, who are fed by the petro-dollars of the Saudi Wahhabies, follow Satan, as per the Hadith of Najd, presciently predicted by Prophet Mohamed, 14 centuries ago.

    References:

    https://en.wikipedia.org/wiki/Hadith_of_Najd

    Scholar from al-Azhar: Wahhabism is a Satanic Faith, the Horn of the Devil that Muhammad Predicted

    https://www.youtube.com/watch?v=ufxTUFapy1w

  • 4
    1

    Very good article by a Muslim scholar; the Muslims should read it repeatedly and understand it well in order to reform their stone age myths about how humans should live together!
    If Muslim fundamentalists want to live as a separate ethnic group, they could do so but they would not grow as a part of the society; they will be alienated and abandoned by the mainstream society! The writer has explained very well in understandable language almost all the issues taken up by the Muslim community! just look at this about child marriage:
    “Puberty is a physical fact but does not make a girl mature. Maturity comes with age. Marriage requires physical as well as mental and intellectual maturity. Puberty does not furnish the necessary maturity and intellect to deal with the complexities and demands of married life. Early marriage would prematurely cast upon a child the burdens of childbearing and childrearing for which she is ill equipped and is neither physically nor mentally prepared.”
    This is what we mean by ‘development’! Technology has given us a comfortable life but it does not mean that we should give into tribal instincts in order to have some sensual satisfaction at the expense of others. Muslim community should understand that procreation is a human necessity but it should be done in a responsible and acceptable manner in this civilized world!

  • 4
    1

    Let muslims girls be made compulsory to study until they finish A/L or equivalent. Be muslims a learned community. This solves girls getting married under aged.

  • 5
    1

    “Rather than expressing a relationship of superiority over women, qawwamuna implies an obligation on men to maintain women. The Quran in Sura 2 verse 228 comes strongly in favour of gender equality when it says of women: “They have rights similar to those against them.” Surah an-Nisa itself begins with the divine declaration that both men and women are from the same soul and are equally accountable to the Creator.”

    It is time the narrow minded old coots, were shown that the Sura’s strongly supported equality of both men and women, not one side more superior, and that women had rights similar to those against them. This is not stone age Saudi Arabia, over here in Sri Lanka, women have voted for decades, able to drive, and have the freedom to study, educate themselves, and choose their professions, just like men do. To consult with these men, or allow them the power to decide the fate of little girls, and women, is taking away women’s rights, and risking their health and safety. Why should anyone consult men steeped in ignorance, misogyny, and their twisted interpretation of a Holy Book, to be the deciders of women’s rights, and the welfare of little girls? Ideally, this should be decided by Muslim women, who are doctors, lawyers, professionals, and those concerned about the safety and security of little girls, and broad minded men, who do not want their daughters at the mercy of an older man, at their tender age. The ACJU does not speak for all Muslims, especially women.

  • 4
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    Thank you CT for correcting the photo at the top of this important letter. I was rather puzzled by the implication that there was also a woman by the name RH.

    • 2
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      I remember that when I first saw this article, I too, thought it had been authored by a woman.

      Never mind, Dr. Reeza Hameed, has written an excellent article; but he probably will be happier with results yielded than with our praise.

  • 0
    2

    A Woman’s Worth

    Does Islam teach that a woman is worth less than a man?
    Absolutely. The only debatable point is to what degree.

    You want proof? Here is some of it, straight from the Holy Quran.

    Quran (4:11) – (Inheritance) “The male shall have the equal of the portion of two females” (see also verse 4:176). In Islam, sexism is mathematically established.

    Quran (2:282) – (Court testimony) “And call to witness, from among your men, two witnesses. And if two men be not found then a man and two women.”

    Quran (2:223) – “Your wives are as a tilth unto you; so approach your tilth when or how ye will…” A man has dominion over his wives’ bodies as he does his land.

    Quran (4:3) – (Wife-to-husband ratio) “Marry women of your choice, Two or three or four” Inequality by numbers.

    Quran (53:27) – “Those who believe not in the Hereafter, name the angels with female names.” Angels are sublime beings, and would therefore be male.

    Quran (4:24) and Quran (33:50) – A man is permitted to take women as sex slaves outside of marriage. Note that the verse distinguishes wives from captives.

    • 1
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      Edwin, you really are a rascal, aren’t you? We all know that you are not a Muslim. Still you go and meddle in Muslim Affairs as if it is your own territory.

      Are you trying to design a formula such as:

      The Worth of a Woman = K X (the Worth of a Woman), where you say K lies in the range (0 to 0.5).

      We are not dealing with apples and Oranges here. We are dealing with real people that God himself created, with real flesh and blood and above all feelings. How can you assign values to real men and women in that manner?.

      OK, let us say that one can assign a value to a living person. Taking a man, is it going to be the same for each and every man? Of course not. (e.g.) You cannot assign the same value to a Muslim and an atheist rascal like you.

      What this means is that, the value assigned to the worth of different people will be different. We can think about a Bell shaped Gaussian distribution here for these values, centered at 1, which we can consider as the mean for men. For arguments sake, let us assume that the distribution for women is a similar bell shaped Gaussian distribution with the mean at 0.25. does this mean that all women are inferior to all men? Absolutely NOT! Not even statistically.

      There may be some high value outliers in the Women’s distribution, which far exceed the values of some men who form low outliers in the first distribution. So your theory that women are worth less is wrong, religiously, mathematically and statistically.

      As the Tamils say, in their Tamil accent, “Dafren Dafren people have Dafren Dafren values.

    • 1
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      A creature of ignorance, trying to demonize a religion with no clue about that religion whatsoever. Regurgitating propaganda found in these websites.

  • 0
    0

    Edwin, you really are a rascal, aren’t you? We all know that you are not a Muslim. Still you go and meddle in Muslim Affairs as if it is your own territory.

    Are you trying to design a formula such as:

    The Worth of a Woman = K X (the Worth of a Man), where you say K lies in the range (0 to 0.5).

    We are not dealing with apples and Oranges here. We are dealing with real people that God himself created, with real flesh and blood and above all, with feelings. How can you assign values to real men and women in that manner?

    OK, let us say that one can assign a value to a living person. Taking a man, is it going to be the same for each and every man? Of course not. (e.g.) You cannot assign the same value to a Muslim and an atheist rascal like you.

    What this means is that, the value assigned to the worth of different people will be different. We can think about a Bell shaped Gaussian distribution here for these values, centered at 1, which we can consider as the mean for men. For arguments sake, let us consider the distribution for women is a similar bell shaped Gaussian distribution with the mean at 0.5. Does this mean that all women are inferior to all men? Absolutely NOT! Not even mathematically or statistically.

    There may be some high value outliers in the Women’s distribution, which far exceed the values of some men who form low outliers in the men’s distribution.

    Anyway, as the Tamils say, in their Tamil accent, “Dafren Dafren people have Dafren Dafren values.

    • 0
      0

      In the 2nd post above, I corrected some mistake in the previous.

    • 0
      0

      Assigning Values for Worth

      LT, you say, “Of course not. (e.g.) You cannot assign the same value to a Muslim and an atheist rascal like you”.

      I admit that it is a big problem, whichever way you look at it – a problem that does not affect you. I think, you are looking for a formula like this, perhaps:

      Worth of a Person = G X Basic Worth (=W)

      here G depends on the number of Gods one believes in. Thus in the case of a Muslim,

      G = 1 and Overall Worth = G = W

      and for an Atheist, G = 0, making Overall Worth = 0

      So however good an atheist is, he gets a big 0.

      now we come to the important part. You Tamils, being Hindus, believe in 330 million Gods including the cows, donkeys and asses that you worship. So, G = 330,000,000

      Overall Worth = 330,000,000

      There is no way others can beat that.

  • 1
    2

    At the bottom of the article, you will find this: “The writer, Dr Reeza Hameed is an Attorney-at-Law.”

    That expalins it all. He thinks, because he is a lawyer he can make judgments on Islam too.

    Look, man, the problem is in the whole structure. Not just the security guards, occupants etc. The whole thing is rotten through and through including you. So don’t try to abandon ship and swim away.

    It is more respectable to stay and be a hero and sink with it.

  • 2
    0

    Dr Reeza Hameed

    A young Muslim married man was killed by his Muslim friends in Madras last week. His crime was that he declared himself as an atheist.

    Will you condemn this killing or justify under Muslim law?

    • 0
      0

      MR

      “A young Muslim married man was killed by his Muslim friends in Madras last week. His crime was that he declared himself as an atheist.”

      Under Muslim Law, he is apparently guilty, but in an Islamic State he had to be tried and convicted. So the “Muslim-Atheists” “friends”, committed a crime, of premeditated murder, ans shoud be tried that crime and punished, accordingly.

      May be all his “friends” can be hanged and sent to Hell-Fire along with Satan, Iblis, Devil, until eternity along with the Wahhabies, Salafies, Tawhedis, Talibans, ISIS and their clones.

      500 years ago the Catholic inquisition did that TORTURE and a LENGTHY TRIAL.

      How many chromosomes do his “friends” have? 48? 46? What about Chromosome #2?

      • 0
        0

        Amarasiri, when are you going to write an article by yourself? Many eagerly await that.

  • 1
    0

    Lankans have adjusted to social changes. For example few decades back a Hindu wedding performed according to Hindu rites was recognized and similarly Christian Church weddings. But today every Hindu/Christian/Buddhist weddings are “registered”. But not Muslim weddings!

    Lankan Muslims must get out of this cocoon and dismiss the Mufti Razwi dictum “women are inferior to men and child sex is permissible”

  • 2
    0

    One of best articles on this subject. He tells why it is not allowed and how girls are abused in Muslim countries.He alludes to different legal devices in Islamic law to justify his arguments..public interest is overriding objective of Islamic law .Islamic law is to facilitate human life and not to make it hard and difficulties..
    Poor mufti did not know all this but he is a mufti for public not for educated community of SL?

  • 4
    0

    Dr,RH. Well presented and very sensible. Most of the commenters are non Muslims fighting for the rights of young Muslim girls and women. Does not this appear odd while own clergymen like Mufthi and Maulavi are fighting against their own daughters due to ‘little knowledge’ they have acquired. Educated Muslims (Not necessarily with PHD)should come forward now to help your own community from religious anarchy.

  • 2
    0

    Irrespective of various twists and turns it appears that the yard-stick for determining the marriageable age is the ability to get married successfuly and puberty seem to be one such milestone, which may not be rigid as advocated by some.

    What about the fertility? It is now known that the peak fertility is from about 17 to 24 for a woman. In that context the minimum marriageable age fixed at 18 for all other Sri Lankans seem to be very sensible. No point passing puberty and if the marriage has some “side effect” is it desired? Not even the hardliners would wan’t that and their concern is to be as close as what is considered to be the teaching.

    Health of the woman should be a major concern and I sincerely hope all of the Muslim community would vote for 18 as the minimum marriageable age taking the health and other issues into consideration.

  • 4
    0

    a well written article and I applaud. Mr Hameed , Islam is one of the best and practical religion which is practised by millions including some idiots who should be educated how to debate these issues to give a fatwa. A Pedophiliac statement is not accepted in Islam ,correct me if I am wrong.

  • 1
    0

    Here is something for our Sri Lanka Muslim leaders to think about.
    The leader of Indonesia’s largest Muslim organisation has said religious conservatives and hard-liners are focussing on out-of-date interpretations of the Koran.
    “There are some very important elements in the teaching that really need to be contextualised to fit with modern times,” Nahdlatul Ulama (NU) supreme council secretary-general Yahya Cholil Staquf has said.
    NU is the biggest Muslim organisation in Indonesia, with about 50 million supporters.
    Mr Yahya’s comments come as Jakarta’s Christian Governor “Ahok” Basuki is due to give evidence for the first time today (April 4) in his blasphemy trial.
    Mr Yahya says Muslims protesting against Jakarta’s Christian Governor are being misled by religious conservatives.
    He says a crucial verse in the Koran — which states that Muslims and non-Muslims should not be allies — is being deliberately misinterpreted by Islamic Defenders Front (FPI) hard-line leader Rizieq Shihab and others.
    “I don’t want to see him (Ahok) convicted because it’s just not right,” Mr Yahya told the Australian Broadcasting Corporation.

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    Very good article. It should open the eyes of arrogant Ulamas. If they are following Sharia Law of Marriage and divorce, they should follow from A to Z and not hand picked Laws which are advantage to male. In Sri Lanka, Sharia Law is treating the women as slaves specially in the case of divorce.

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    Are all Muslims trying to put the blame on ACJU and Mufti Rizvi to hide issues in Sharia Law?

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    Amila Wijesooriya.
    Thambi, you continue to hide under Sinhala name and write nonsense. This is how damage done to Sinhala people.
    You a coward, thambi.
    Your soul will rot.

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      come on darling Rohini , you are not Mohini , may be kuveni… calm down .
      If Amila was a sinhalese what would you say.

      \you are a lioness ,,, your soul is hot.

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    This is a well researched and well presented article. From the comments, obviously most people on the forum agree with this.

    Particularly interesting was the way Reeza proved that “Thus, 12 years have been added to Khadija’s age, and 12 years have been taken off Aisha’s age.”

    Now this disproves what is repeated in all these 6 books of “Authentic Narrations” (Sihah Sitta) that the muftis are indoctrinating the muslims with.

    Even if one narration is not authentic, then the entire book cannot be termed “authentic”.

    Likewise since all 6 books parrot the above narrations that have been expressly proved false by Reeza, this invalidates all 6 books claim to be authentic.

    It is time that instead of relying on these Saudi funded muftis who are feeding rubbish to the masses, people like Reeza band together and study these “authentic” narrations in relation to the narrations of the Shia, whom the Saudis brand as non-muslims.

    Surprisingly the Shia show more respect to their Prophet and his family than the Saudis and their well oiled acolytes. So the latter indoctrinate the masses with stories that vilify the Prophet and his family.

    Could it be the monarchy is illegitimate and the Saudis are promoting this as they fear losing their power?

    No wonder Marx stated that “Religion is the opium of the masses”. It is to describe this kind of satanic deviation in religion than the true religion itself.

    This is not a call for all muslims to become Shia. But just look up and compare the two sets of narrations and then decide which one is plausible and logical.

    The fault lines in the muslim societies may not be coming from the Quran, but from these extraordinary narrations. 287

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      Dear Sentinel,

      That’s a wonderful comment. the last thing that we “outsiders” should do is to undermine the Islamic faith that Obviously means so much to those brought up in it.

      I’ve just had a chat with a very well known Tamil (of Christian background), and while he says that he’s not been devoting much tome to MMDA, it is true that this exploitation of girls who are hardly past childhood, is a grave matter which raises fundamental problems relating to basic human rights.

      We also discussed the message that President Erdogan of Turkey has been giving to Turks resident in Western Europe; in case readers have not been following that, he’s said that birth control is non-Islamic and that every Turk in a W. European country MUST have five children.

      The fact is that we are human beings – homo sapiens; a species that has begun to live ever longer. There are just too many of us on this earth. Never mind all the myths (religions) that we have created. When the Anglican priest, Malthus, 200 years ago foretold the problems that over-population was going to create, he tied it up with some view on God’s wish to punish etc. We can forget all that! His observations on the effects of population growth has been more than more than vindicated.

      Our own conditions subtly influence our thinking. So, 70 year olds get elected as Presidents of powerful countries. Shakespeare died on his 52nd birthday, so says the scholiast. He writes of his own “old age” in his last works. Poor deaf Beethoven went off at age 56. But just think of Schubert at 32, and Keats at 25!

      Yes, we must wake up to the fact that we must live more responsibly, so that life on earth may continue after we inevitably kick the bucket. What’s happening now is that people live in to their 90s, but by that time it is often the case that either our bodies, or our minds have stopped functioning.

      “Last stage of all, that ends this strange eventful history,
      Is second childishness . . .”

      Sorry, I’m not bothering to check the words originally spoken by Jaques in “As You Like It”.

      All that we ask is that it becomes possible for both WOMEN and men born into Muslim families to live their lives with dignity.

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    Dear Sinhala Man
    Thank you.
    “All that we ask is that it becomes possible for both WOMEN and men born into Muslim families to live their lives with dignity.”

    This is exactly what Islam preaches. However due to the corruption of the religion, now as you say, “outsiders” have to explain it to the Muslims.

    The Muslims are so indoctrinated by the Wahabi/Salafi muftis, most of them fear to question what is preached in the mosques.

    Was very happy to see the Muslim women spearheading this revolution in thinking.
    Best Wishes

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