40 gesichtete, geschützte Fragmente: Plagiat
| [1.] Maa/Fragment 108 22 - Diskussion Bearbeitet: 22. September 2013, 17:57 Graf Isolan Erstellt: 20. September 2013, 22:39 (Graf Isolan) | Fragment, Gesichtet, Maa, Omar Sherif 2003, SMWFragment, Schutzlevel sysop, Verschleierung |
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| Therefore, it does not provide a framework for criminal procedures and judicial processes but merely lays down the guiding principles without attempting to address the details. Those are to be determined by Muslims as [circumstances dictate, within the broad basics of the Sharia and accepting all principles as prescribed by Islam.] | Islamic Shari'a does not provide for a particular framework for criminal procedures and judicial processes, it merely lays down the guiding principles and objectives without attempting to address the details. [...] The details of the system - including the procedures to be used in the criminal justice system - are to be determined by Muslims as circumstances dictate, within the broader, basic principles of the Shari'a. |
Kein Hinweis auf eine Übernahme. |
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| [2.] Maa/Fragment 009 11 - Diskussion Bearbeitet: 22. September 2013, 17:55 Graf Isolan Erstellt: 20. September 2013, 22:18 (Graf Isolan) | Fragment, Gesichtet, Maa, Omar Sherif 2003, SMWFragment, Schutzlevel sysop, Verschleierung |
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| In the Arab world, a separation of state and religion – comparable to the
transformation of Christian societies into secular ones in the course of the past two centuries - has never occurred. This was because the Prophet Muhammad exercised judicial, legislative and executive power himself, which gave rise to the tradition of these powers being exercised by the ruler of Islam (the caliph after the death of the Prophet). |
The principle of the separation of powers, now viewed as a key element in
modern states, did not develop under Islam. This was because the Prophet Muhammad exercised judicial, legislative and executive powers himself, which gave rise to the tradition of these powers being exercised by the ruler of Islam (which, after the Prophet’s death, was the caliph). |
Kein Hinweis auf eine Übernahme. |
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| [3.] Maa/Fragment 075 03 - Diskussion Bearbeitet: 21. September 2013, 17:39 WiseWoman Erstellt: 15. September 2013, 20:45 (Graf Isolan) | Abdul Hannan 1997, Fragment, Gesichtet, Maa, SMWFragment, Schutzlevel sysop, Verschleierung |
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| Untersuchte Arbeit: Seite: 75, Zeilen: 3-13, 17-20 |
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| The Prophet has permitted Ijtihad which literally means 'to exert'. Technically it means to exert with a view to form an independent judgement on a legal issue. ljtihad [sic] is the Islamic method of facing new situations and problems in the light of the general principles of the Koran and the traditions of the Prophet or the Sunnah. Therefore, Analogy can be defined as the one root in which Islamic Law accepts “that reason could play a
role”.103 Apart from Qiyas, there exist other methods of Ijtihad such as Istihsan and Masalaha. The first implies a juristic preference if different interpretations are given. It is a source of Law, freer and wider in scope than the others. The second one represents moral considerations. [...] In addition, the practices of the Khulafa-e-Rashidun (first four rulers of Islam), the decisions of the judges and the customs of the people are also considered as sources of Islamic law in matters which are not spelled out in the Koran and the Sunna. 103 Black, Antony, The History of Islamic Political Thought from the Prophet to the Present, Edinburgh 2001, 34 ff. |
The Prophet has permitted Ijtihad which literally means 'to exert'. Technically it means to exert with a view to form an independent judgement on a legal issue. Ijtihad is the Islamic method of facing the new situations and problems in the light of the general principles of the book of Allah SWT), the Quran and the traditions of the Prophet or the Sunnah.
Apart from Qiyas, there are other methods of Ijtihad such as Istihsan (that is the juristic preference from different interpretations) and Masalaha (that is moral consideration). In addition to the above sources, the practices of the Khulafa-e-Rashidun (the first four rulers of Islam), the decisions of the judges and the customs of the people are also considered sources of Islamic law in matters which are not spelled out in the Quran and the Sunnah. |
Kein Hinweis auf eine Übernahme. |
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| [4.] Maa/Fragment 026 01 - Diskussion Bearbeitet: 16. September 2013, 14:21 WiseWoman Erstellt: 12. September 2013, 21:56 (Graf Isolan) | Constitutional Rights Foundation 2001, Fragment, Gesichtet, KomplettPlagiat, Maa, SMWFragment, Schutzlevel sysop |
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| [“If someone lost the sight of an eye in an attack, he could retaliate by] putting a red-hot needle into the eye of his attacker who had been found guilty by the law”23. But a rule of exactitude required that a retaliator must give the same amount of damage he received. If, even by accident, he injured the person too much, he had broken the law and was subject to punishment. The rule of exactitude discouraged retaliation. Usually, the injured person or his kinsman would agree to accept money or something of value ("blood money") instead of retaliating. In a third category of less serious offences such as gambling and bribery, the judge used his discretion in deciding on a penalty. Punishments would often require the criminal to pay reparation to the victim, receive a certain number of lashes, or be locked up.
23 Said, Sabig, Fiqh Al Sunnah, Cairo 1953, 330ff. |
If someone lost the sight of an eye in an attack, he could retaliate by putting a red-hot needle into the eye of his attacker who had been found guilty by the law. But a rule of exactitude required that a retaliator must give the same amount of damage he received. If, even by accident, he injured the person too much, he had broken the law and was subject to punishment. The rule of exactitude discouraged retaliation. Usually, the injured person or his kinsman would agree to accept money or something of value ("blood money") instead of retaliating.
In a third category of less serious offenses such as gambling and bribery, the judge used his discretion in deciding on a penalty. Punishments would often require the criminal to pay a reparation to the victim, receive a certain number of lashes, or be locked up. |
Kein Hinweis auf eine Übernahme. |
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| [5.] Maa/Fragment 025 05 - Diskussion Bearbeitet: 16. September 2013, 14:14 WiseWoman Erstellt: 13. September 2013, 08:33 (Graf Isolan) | Constitutional Rights Foundation 2001, Fragment, Gesichtet, Maa, SMWFragment, Schutzlevel sysop, Verschleierung |
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| 4.5. Crimes mentioned in Koran and the Sunnah
The classic Sharia identified the most serious crimes as those mentioned in the Koran. “These were considered sins against Allah and carried mandatory punishments.”.22 These crimes and punishments are: Adultery: death by stoning. Highway robbery: execution; crucifixion; exile; imprisonment; or right hand and left foot cut off. Theft: right hand cut off (second offence: left foot cut off; imprisonment for further offences). Slander: 80 lashes Drinking wine or any other intoxicant. Apostasy. Rebellion. Crimes against the person included murder and bodily injury. In these cases, the victim or his male next of kin had the "right of retaliation" where this was possible. This meant, for example, that the male next of kin of a murder victim could execute the murderer after his trial (usually by cutting off his head with a sword). “If someone lost the sight of an eye in an attack, he could retaliate by [putting a red-hot needle into the eye of his attacker who had been found guilty by the law”23.] 22 Tahir, Mohamood, Criminal law in Islam, Delhi 1996, 62ff. [23 Said, Sabig, Fiqh Al Sunnah, Cairo 1953, 330ff.] |
Criminal Law
The classic Sharia identified the most serious crimes as those mentioned in the Koran. These were considered sins against Allah and carried mandatory punishments. Some of these crimes and punishments were: • adultery: death by stoning. • highway robbery: execution; crucifixion; exile; imprisonment; or right hand and left foot cut off. • theft: right hand cut off (second offense: left foot cut off; imprisonment for further offenses). • slander: 80 lashes • drinking wine or any other intoxicant: 80 lashes. Officials of the caliph carried out the penalties for these crimes. Crimes against the person included murder and bodily injury. In these cases, the victim or his male next of kin had the "right of retaliation" where this was possible. This meant, for example, that the male next of kin of a murder victim could execute the murderer after his trial (usually by cutting off his head with a sword). If someone lost the sight of an eye in an attack, he could retaliate by putting a red-hot needle into the eye of his attacker who had been found guilty by the law. |
Kein Hinweis auf eine Übernahme. |
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| [6.] Maa/Fragment 060 05 - Diskussion Bearbeitet: 16. September 2013, 13:56 WiseWoman Erstellt: 11. September 2013, 14:17 (Graf Isolan) | Cherif Bassiouni Law 2003, Fragment, Gesichtet, Maa, SMWFragment, Schutzlevel sysop, Verschleierung |
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| Although no dispute among Muslims arises regarding the fact that the Koran is the primary fundament of the Islamic Law and that its specific provisions are to be scrupulously observed, its detailed application leaves room for controversy. Further supporting the signification of the Holy Scripture, one might add that Hadith and Sunna are only complementary sources to the Koran and consist of the sayings of the Prophet and the accounts of his deeds.
The Sunna helps to explain the Koran but it may not be interpreted or applied in any way, which is inconsistent with the Holy Book. |
There is no dispute among Muslims that the Qur'an is the basis of the Sharia and that its specific provisions are to be scrupulously observed. The Hadith and Sunna are complementary sources to the Qur'an and consist of the sayings of the Prophet and accounts of his deeds. The Sunna helps to explain the Qur'an, but it may not be interpreted or applied in any way which is inconsistent with the Qur'an. |
Kein Hinweis auf eine Übernahme. |
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| [7.] Maa/Fragment 059 15 - Diskussion Bearbeitet: 16. September 2013, 13:53 WiseWoman Erstellt: 11. September 2013, 14:11 (Graf Isolan) | Cherif Bassiouni Law 2003, Fragment, Gesichtet, KomplettPlagiat, Maa, SMWFragment, Schutzlevel sysop |
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| Untersuchte Arbeit: Seite: 59, Zeilen: 15-20 |
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| Furthermore, it contains the rules by which the Muslim world is governed (or should govern itself) and forms the basis for all relations between Man and God; between individuals, whether Muslim or non-Muslim, as well as between man and things which are part of creation. It also includes the rules by which a Muslim society is organized and governed, and it provides the means to resolve conflicts among individuals and between the individual and the state. | It contains the rules by which the Muslim world is governed (or should govern itself) and forms the basis for relations between man and God, between individuals, whether Muslim or non-Muslim, as well as between man and things which are part of creation. The Sharia contains the rules by which a Muslim society is organized and governed, and it provides the means to resolve conflicts among individuals and between the individual and the state. |
Kein Hinweis auf eine Übernahme. |
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| [8.] Maa/Fragment 059 03 - Diskussion Bearbeitet: 16. September 2013, 13:43 WiseWoman Erstellt: 11. September 2013, 06:48 (Graf Isolan) | Cherif Bassiouni Religion 2003, Fragment, Gesichtet, Maa, SMWFragment, Schutzlevel sysop, Verschleierung |
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| Some forty years after Muhammad’s death the divine revelations were transcribed and established in a written version that has been preserved up to this day without change. The 114 Suwar (Plural of Surah) chapters were revealed to Muhammad in Mecca and Medina. They vary in length. The Koran is not arranged in the chronological order of its revelation but according to the length of each Surah. The longest is first and the shortest last. No one throughout the history of Islam has challenged the accuracy of the Koran. | The Qur'an (literally, recitation) contains 114 chapters revealed to the Prophet during a period of 23 years from 609 to 632, the year of his death. The divine revelations were manifested in divine inspiration, which the Prophet sometimes uttered in the presence of his companions. His words were passed on in the oral tradition of his Arabic culture. Some forty years after his death they were transcribed in the written form that has been preserved to date without change. The 114 Suwar (plural of Surah) chapters were revealed to Muhammad in Mecca and Madina. They vary in length. The Qur'an is arranged not in the chronological order of its revelation but according to the length of each Surah. The longest is first, and the shortest last. No one throughout the history of Islam has challenged the accuracy of the Qur'an. |
Kein Hinweis auf eine Übernahme (vgl. auch Maa/Fragment_058_13). |
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| [9.] Maa/Fragment 046 14 - Diskussion Bearbeitet: 16. September 2013, 13:39 WiseWoman Erstellt: 11. September 2013, 06:38 (Graf Isolan) | Cherif Bassiouni Religion 2003, Fragment, Gesichtet, KomplettPlagiat, Maa, SMWFragment, Schutzlevel sysop |
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| The creator has periodically chosen human beings to reveal his messages to humankind. Indeed, the Koran refers to many Prophets such as Abraham, Noah, David, Sulimann, Isaac, Jacob, Moses and Jesus. These messages and revelations culminated in Islam and in Mohammed as the last Prophet. The historical evolution and incorporation of prior messages into Islam are clearly stated in the Koran. The Scripture refers to Islam as the religion of Abraham, Jacob, Moses, Jesus and other prophets. It is simply the last of the divine messages to reach human kind through the Prophet Muhammad, who was chosen by the creator as the bearer of his last and all-encompassing revelation. This explains why there exists a strong link between Islam, Christianity and Judaism.
The Koran refers to Christians and Jews as the "People of the Book" because they are the recipients of the Messages of the Creator through Moses and the old Testament prophets and through Jesus, who is believed in Islam to be the fruit of a miracle birth by the Blessed Virgin Mary. |
The Creator has periodically chosen human beings to reveal His messages to humankind. Indeed, the Qur'an refers to many Prophets such as Abraham, Noah, David, Isaac, Jacob, Moses, and Jesus. These messages and revelations culminated in Islam and in Muhammed as the last Prophet. The historical evolution and incorporation of prior messages into Islam are clearly stated in the Qur'an. Thus Islam is not a new religion. The Qur'an refers to Islam as the religion of Abraham, Jacob, Moses, Jesus, and other prophets. It is simply the last of the divine messages to reach humankind through Prophet Muhammad, who was chosen by the Creator as the bearer of his last and all-encompassing revelation. This explains why there exists a strong link between Islam, Christianity, and Judaism. Christians and Jews are referred to in the Qur'an as the "People of the Book" because they are the recipients of the messages of the Creator through Moses and the Old Testament prophets and through Jesus, who is believed in Islam to be the fruit of a miracle birth by the Blessed Virgin Mary. |
Kein Hinweis auf eine Übernahme. |
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| [10.] Maa/Fragment 016 01 - Diskussion Bearbeitet: 16. September 2013, 13:35 WiseWoman Erstellt: 8. September 2013, 20:43 (Graf Isolan) | Feldman 2003, Fragment, Gesichtet, KomplettPlagiat, Maa, SMWFragment, Schutzlevel sysop |
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| Untersuchte Arbeit: Seite: 16, Zeilen: 1-5, 8-28 |
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| [They argue that to be just to everyone,] democracy cannot impose one vision of the good life. Liberal democracy requires government to remain neutral about what values matter most, and to leave that decision up to the individual. If religion and the state do not remain separate; the state will inevitably impose or at least encourage the version of the good life preferred by the official religion. [...]
It is necessary for a democracy worthy of the name to respect the individual’s right to worship as he chooses, and to provide religious liberty for all its inhabitants. But individual religious liberty does not necessarily mean that the government doesn't embrace, endorse, support or fund one religion in particular. The government can support one particular view of the good life. It can give money to synagogues or ashrams or mosques or all of the above. But so long as the government does not force anyone to adopt religious beliefs that he or she rejects, or perform religious actions that are anathema, it has not violated the basic right to religious liberty. Separation of church and state may be very helpful to maintaining religious liberty, as in the United States, but it is not always necessary to it. With respect to equal political participation, there is no principled reason in Islam to suggest that anyone, Muslim or non-Muslim, man or woman, regardless of race or any other characteristic, should not be permitted to participate equally in collective decision-making. Some Muslims might argue for special participatory status for Muslims or for men. But aside from Kuwait, where the legislature refused to enact the Prince (emir’s) decree granting women the vote, women have the vote in every Muslim country where there are elections. That includes Iran, with its Islamism constitution; Arab states like Jordan, Egypt, Algeria, Tunisia, and Morocco; and now even Bahrain, a Gulf monarchy with traditional ways not unlike Saudi Arabia. |
They argue that to be just to everyone, democracy cannot impose one vision of the good life. Liberal democracy requires government to remain neutral about what values matter most, and to leave that decision up to the individual. If religion and the state do not remain separate, the state will inevitably impose or at least encourage the version of the good life preferred by the official religion.
It is necessary for a democracy worthy of the name to respect the individual’s right to worship as she chooses, and to provide religious liberty for all its inhabitants. But individual religious liberty does not necessarily mean that the government doesn’t embrace, endorse, support, or fund one religion in particular. The government can support one particular view of the good life. It can give money to synagogues or ashrams or mosques or all of the above. But so long as the government does not force anyone to adopt religious beliefs that he or she rejects, or perform religious actions that are anathema, it has not violated the basic right to religious liberty. Separation of church and state may be very helpful to maintaining religious liberty, as in the United States, but it is not always necessary to it. [...] With respect to equal political participation, there is no principled reason in Islam to suggest that anyone, Muslim or non-Muslim, man or woman, regardless of race or any other characteristic, should not be permitted to participate equally in collective decision-making. Some Muslims might argue for special participatory status for Muslims or for men. But aside from Kuwait, where the legislature refused to enact the emir’s decree granting women the vote, women have the vote in every Muslim country where there are elections. That includes Iran, with its Islamist constitution; Arab states like Jordan, Egypt, Algeria, Tunisia, and Morocco; and now even Bahrain, a Gulf monarchy with traditional ways not unlike Saudi Arabia. |
Kein Hinweis auf eine Übernahme. |
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| [11.] Maa/Fragment 015 01 - Diskussion Bearbeitet: 16. September 2013, 13:28 WiseWoman Erstellt: 8. September 2013, 20:34 (Graf Isolan) | Feldman 2003, Fragment, Gesichtet, Maa, SMWFragment, Schutzlevel sysop, Verschleierung |
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| [Modern Western democracy grew up among pious Christians, many of them staunch Calvinists who emphasized man’s sinful and fallen nature, and] themselves grappled with the relationship between democracy and divine sovereignty.
Most Americans today probably believe that God, not man, is the measure of all things. It is doubtful whether the majority of Indians place humans at the centre of the universe, yet democracy thrives in India. The idea of the rule of the people has been flexible enough to place either the people or God or nature as supreme power of a society. On any of these views, the people still govern themselves within the area delineated by their capacities and right Islam has demonstrated a comparable degree of flexibility in its essence. The acknowledgement that God is sovereign turns out to mean different things to different people. It has encompassed the idea of free will for some people, while others have thought that a sovereign God must leave nothing to chance or choice. Rationalist Muslim philosophers thought that God was sovereign in the sense that he was the First Mover. If the essences of Islam and democracy can be compatible, what about the practical institutional arrangements required by each? In particular, Islam, on most views, requires that the state does not exist in an entirely separate sphere from religion. But can a state that embraces religion be democratic? Britain has no separation of church and state. The Queen is Defender of the faith and head of the Church of England. Anglican bishops sit in the House of Lords, and anyone who wants to change the Book of Common Prayer must go through Parliament to do it. Yet Britain is the cradle of modern democracy. To take another Western European example, in the German state of Bavaria, schools’ classrooms display a crucifix. [...] Nevertheless, no one seems to think that this makes modern Germany into something other than a democracy. On the other hand, some people object vociferously to the suggestion that it might be possible to have democracy - especially liberal democracy - without a strict separation of Church and State. They argue that to be just to everyone, [democracy cannot impose one vision of the good life.] |
Modern Western democracy grew up among pious Christians, many of them staunch Calvinists who emphasized man’s sinful and fallen nature, and themselves grappled with the relationship between democracy and divine sovereignty. Most Americans today probably believe that God, not man, is the measure of all things. It is doubtful whether the majority of Indians place humans at the center of the universe, yet democracy thrives in India. The idea of the rule of the people has been flexible enough to mean that the people or God or nature or nothing is sovereign. On any of these views, the people still govern themselves within the area delineated by their capacities and rights.
Islam has demonstrated a comparable degree of flexibility in its essence. Acknowledging that God is sovereign turns out to mean different things to different people. It has encompassed the idea of free will for some people, while others have thought that a sovereign God must leave nothing to chance or choice. Rationalist Muslim philosophers thought that God was sovereign in the sense that he was the First Mover. [...] If the essences of Islam and democracy can be compatible, what about the practical institutional arrangements required by each? In particular, Islam, on most views, requires that the state not exist in an entirely separate sphere from religion. Can a state that embraces religion be democratic? Britain has no separation of church and state. The Queen is Defender of the Faith and head of the Church of England. Anglican bishops sit in the House of Lords, and anyone who wants to change the Book of Common Prayer must go through Parliament to do it. Yet Britain is the cradle of modern democracy. To take another Western European example, in the German state of Bavaria, the schools are Catholic religious ones, and every classroom boasts a crucifix. No one seems to think that this makes modern Germany into something other than a democracy. On the other hand, some people object vociferously to the suggestion that it might be possible to have democracy – especially liberal democracy – without separation of church and state. They argue that to be just to everyone, democracy cannot impose one vision of the good life. |
Kein Hinweis auf eine Übernahme. |
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| [12.] Maa/Fragment 085 10 - Diskussion Bearbeitet: 16. September 2013, 10:42 Graf Isolan Erstellt: 10. September 2013, 06:55 (Graf Isolan) | Fragment, Gesichtet, Maa, OWR Malikiyyah 2001, SMWFragment, Schutzlevel sysop, Verschleierung |
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| The School that was founded spread westwards through Malik's disciples and become very influential if not dominant in North Africa and Spain. The second 'Abbasid caliph, al-Mansur (died in 775), even approached the Medinan jurist with the proposal to establish a judicial system that would unite the different judicial methods that were operating at that time throughout the Islamic world.
Despite those tendencies, it lost some of its appeal. Much later, in the Ottoman period, the Maliki School had to cede most of its influence to the Hanafite School because under the Ottomans judicial relevance was especially granted to the latter. North Africa, however, remained faithful to its Malikite heritage. Such was the strength of the local tradition that kadis (judges) from both the Hanafite and Malikite traditions cooperated with the local ruler. Following the fall of the Ottoman Empire, Malikiyyah regained its position of ascendancy in the region. Today Malikite doctrine and practice remains widespread throughout North Africa, the Sudan and regions of West and Central Africa. |
The second 'Abbasid caliph, al-Mansur (d.775), approached the Medinan jurist with the proposal to establish a judicial system that would unite the different judicial methods that were operating at that time throughout the Islamic world.
The school spread westwards through Malik's disciples, becoming dominant in North Africa and Spain. In North Africa Malikiyyah gave rise to an important Sufi order, Shadhiliyyah, which was founded by Abu al-Hasan, a jurist in the Malikite school, in Tunisia in the thirteenth century. During the Ottoman period Hanafite Turks were given the most important judicial in the Ottoman empire. North Africa, however, remained faithful to its Malikite heritage. Such was the strength of the local tradition that qadis (judges) from both the Hanafite and Malikite traditions worked with the local ruler. Following the fall of the Ottoman empire, Malikiyyah regained its position of ascendancy in the region. Today Malikite doctrine and practice remains widespread throughout North Africa, the Sudan and regions of West and Central Africa. |
Kein Hinweis auf eine Übernahme. |
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| [13.] Maa/Fragment 084 14 - Diskussion Bearbeitet: 16. September 2013, 10:40 Graf Isolan Erstellt: 9. September 2013, 21:06 (Graf Isolan) | Fragment, Gesichtet, Maa, OWR Malikiyyah 2001, SMWFragment, Schutzlevel sysop, Verschleierung |
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| Such was his stature that it is said three 'Abbasid caliphs visited him while they were on Pilgrimage to Medina.
As a result of the circumstances Malik bin Anas has been confronted with, the Malikis' concept of ijma' differed from the one of the Hanafis in that they understood it to mean the consensus of the community represented by the people of Medina Prophet City. Imam Malik's major contribution to Islamic law is his book al-Muwatta (The Beaten Path). The Muwatta is a code of law based on the legal practices that were operating in Medina. It covers various areas ranging from prescribed rituals of prayer and fasting to the correct conduct of business relations. The legal code is supported by some 2000 traditions attributed to the Prophet. |
The Malikis' concept of ijma' differed from that of the Hanafis in that they understood it to mean the consensus of the community represented by the people of Medina. [...]
Imam Malik's major contribution to Islamic law is his book al-Muwatta (The Beaten Path). The Muwatta is a code of law based on the legal practices that were operating in Medina. It covers various areas ranging from prescribed rituals of prayer and fasting to the correct conduct of business relations. The legal code is supported by some 2,000 traditions attributed to the Prophet. [...] Such was his stature that it is said three 'Abbasid caliphs visited him while they were on Pilgrimage to Medina. |
Kein Hinweis auf eine Übernahme. |
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| [14.] Maa/Fragment 017 01 - Diskussion Bearbeitet: 11. September 2013, 20:43 WiseWoman Erstellt: 9. September 2013, 06:18 (Graf Isolan) | Feldman 2003, Fragment, Gesichtet, KomplettPlagiat, Maa, SMWFragment, Schutzlevel sysop |
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| As for Muslim women leaders, Benazir Bhutto was twice elected Prime Minister of Pakistan; Tansu Ciller served as Prime Minister of Turkey; in Bangladesh the current Prime Minister, Khaleda Zia, and the past Prime Minister, now leader of the opposition, Sheikh Hasina Waged, are women; and Indonesia has a woman president in Megawati Sukarnoputri. These women have mixed records both in terms of effectiveness and honesty, but they have been neither better nor worse than male leaders in their countries, and the fact they were elected should dispel the stereotypes that unmitigated sexism prevails everywhere in the Muslim world. There is, admittedly, a saying attributed to the Prophet, according to which a nation that makes a woman its ruler will not succeed; and some Muslims have argued that this bars women from serving as heads of state. But this interpretation is not widespread, and has not stopped Muslim women from being elected. | As for Muslim women leaders, Benazir Bhutto was elected Prime Minister of Pakistan (twice); Tansu Ciller served as Prime Minister of Turkey; in Bangladesh both the current Prime Minister, Khaleda Zia, and the past Prime Minister, now leader of the opposition, Sheikh Hasina Wajed, are women; and Indonesia has a woman president in Megawati Sukarnoputri. These women have mixed records both in terms of effectiveness and honesty, but they have been neither better nor worse than male leaders in their countries, and the fact they were elected should dispel the stereotypes that unmitigated sexism prevails everywhere in the Muslim world. There is, admittedly, a saying attributed to the Prophet, according to which a nation that makes a woman its ruler will not succeed; and some Muslims have argued that this bars women from serving as heads of state. But this interpretation is not widespread, and has not stopped Muslim women from being elected. |
Kein Hinweis auf eine Übernahme. |
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| [15.] Maa/Fragment 038 01 - Diskussion Bearbeitet: 11. September 2013, 15:43 WiseWoman Erstellt: 8. September 2013, 16:38 (Graf Isolan) | Fragment, Gesichtet, Maa, SMWFragment, Schutzlevel sysop, Stockman 1998, Verschleierung |
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| [A Roman army had invaded Arabia] once, in 24 B.C.E., but the desert proved impenetrable and the expedition was a disaster.
In the far south of the Arabian Peninsula was Yemen, a hilly area with more rainfall where frankincense and myrrh - important spices, especially for embalming - were grown. Coffee later became a major source of income for Yemen as well. The spice trade brought wealth to Yemen and it gradually became organized as a country. Yemen established close ties with Abyssinia, an early Christian kingdom that is modern Ethiopia now. Abyssinia even conquered Yemen from about 521 to 575, when it briefly fell under Persian influence. From Abyssinia, Yemen learned of Christianity; from Iran, it was influenced by the Persian cult of Zoroastrianism; and at least one king became a convert to Judaism. The semiarid hills and arid plains of the Arab peninsula were inhabited by migrating Arab tribes, which had camels and sometimes goats and sheep. The population was divided into clans and tribes that fought each other fiercely at times and protected their own according to an ancient, and often cruel, tribal law. Many tribes believed for instance in killing female babies, so that the first-born would be a son. The desert had occasional oases where little villages, and eventually towns, sprang up. Because of its isolation, civilization spread to the area only slowly, primarily via the caravan trade, because of the war between Byzantium and Persia.36 Much of Yemen's spices and many goods from India moved to the Mediterranean overland by the means of caravans. Jews, usually merchants, moved into the area and settled at the oases, where they became numerous. Christian missionaries visited as well. That’s how the Arabs got into contact with the two monotheistic religions and some even converted. A primitive monotheism also sprang up, consisting of Arabs who had rejected polytheism in favour of one God but did not convert to Christianity or Judaism. 36 Compare to: Noth, Albrecht and Jürgen, Paul, Der islamische Orient – Grundzüge seiner Geschichte, Würzburg 1998, 74ff |
Arabia was invaded by a Roman army once, in 24 B.C.E., but the desert proved impenetrable and the expedition was a disaster.
In the far south of the Arabian peninsula was Yemen, a hilly area with more rainfall where frankincense and myrrh--important spices, especially for embalming--were raised. Coffee later became a major source of income for Yemen as well. The spice trade brought wealth to Yemen and it gradually became organized as a country. Yemen established close ties with Abyssinia, the kingdom occupying modern Ethiopia. Abyssinia even conquered Yemen from about 521 to 575, when it briefly fell under Persian influence. From Abyssinia, Yemen learned of Christianity; from Iran, Zoroastrianism; and at least one king became a convert to Judaism, so that religion obviously had some impact as well. Central Arabia consisted of semiarid hills and arid plains occupied by migrating Arab tribes, who tended camels and sometimes goats and sheep. The population was divided into clans and tribes that fought each other fiercely at times and protected their own according to an ancient, and often cruel, tribal law. Many tribes believed in killing girl babies, so that the first-born would be a son. The desert had occasional oases and at them villages, and eventually towns, sprang up. Because of its isolation, civilization spread to the area only slowly, primarily via the caravan trade; because of the war between Byzantium and Persia, much of Yemen's spices and many goods from India moved to the Mediterranean overland. Jews moved into the area and settled at the oases, where they became numerous. Christian missionaries visited and some Arabs converted. A primitive monotheism also sprang up. The Arabs who had rejected polytheism in favor of one God but did not convert to Christianity or Judaism were (at a later date, at least) called anfs. |
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| The appeal of this view for someone who wants Islam and democratic theory to cohere is that the community has tremendous discretion in interpreting Islam and enacting laws that embody its spirit. Democratic decision-making can extend to every area of life and of law. One limitation of this theory, though, is that it is apparently the Muslim community alone that is entrusted with the task of interpreting and applying God’s word. That is all well and good for Muslims, but it excludes non-Muslims. If self-rule consists of figuring out what God wants within the framework of Islam, then non-Muslims will not be full-fledged participants. The answer that minorities in any democracy are excluded when they do not share the fundamental values of the majority may be unsatisfying to someone who thinks that equality is a touchstone of democracy. But perhaps non-Muslims could be permitted to participate in the democratic discussion of God’s will, even if they are not full members of the community.
The essences of Islam and democracy can be seen as compatible because both are flexible mobile ideas. If democracy was restricted to requiring an absolute sovereignty of the people, it would lack the ability to appeal to people and to cultures that do not place humans at the centre of the universe. But democracy has flourished even where humanism was not the dominant mode of thinking. Modern Western democracy grew up among pious Christians, many of them staunch Calvinists who emphasized man’s sinful and fallen nature, and [themselves grappled with the relationship between democracy and divine sovereignty.] |
The appeal of this view for someone who wants Islam and democratic theory to cohere is that the community has tremendous discretion in interpreting Islam and enacting laws that embody its spirit. Democratic decisionmaking can extend to every area of life and of law. One limitation of this theory, though, is that it is apparently the Muslim community alone that is entrusted with the task of interpreting and applying God’s word. That is all well and good for Muslims, but it excludes non-Muslims. If self-rule consists of figuring out what God wants within the framework of Islam, then non-Muslims will not be full-fledged participants. The answer that minorities in any democracy are excluded when they do not share the fundamental values of the majority may be unsatisfying to someone who thinks that equality is a touchstone of democracy. But perhaps non-Muslims could be permitted to participate in the democratic discussion of God’s will, even if they are not full members of the community.
The essences of Islam and democracy can be seen as compatible because both are flexible mobile ideas. If democracy were restricted to requiring the absolute sovereignty of the people, it would lack the ability to appeal to people and to cultures that do not place humans at the center of the universe. But democracy has flourished even where humanism was not the dominant mode of thinking. Modern Western democracy grew up among pious Christians, many of them staunch Calvinists who emphasized man’s sinful and fallen nature, and themselves grappled with the relationship between democracy and divine sovereignty. |
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| [Many of the adherents to other religions refer to Islam as "Mohammedanism",
and its adherents have been termed "Mohammedans" referring to the followers] of the prophet. Neither term is acceptable to Muslims, however, because they do not view themselves as followers of Muhammad, or Muhammad as the founder of their religion. Contrary to this point, the founder is God, and the Koran, their scripture, is seen as the word of God, and not the word of Muhammad. The word Islam comes from the Semitic root Salam, which means submission to a higher power or the peace that comes from that submission. Islam means "submission" in Arabic and refers specifically to submission of one's will to the will of God. "Muslim" means, "one who submits" in Arabic. Thus, indeed, Jesus and Abraham were Muslims, for they submitted their wills to the will of God. Springing from the same Salam root is the Arabic word salám, which means "peace“. (Salám is a cognate to the Hebrew word shalom, which also means peace; Hebrew and Arabic are both Semitic languages, and are closely related to each other.) Thus Islam is often referred to as the "religion of peace" as well. From the noun "Islam," in English, is coined the English adjective "Islamic." It is important to learn how to use the words Islam, Islamic and Muslim correctly; one cannot refer to the followers as "Islam’s" or the religion as "Muslim."51 51 Fyzee, Mohamed, Mohammedan law, New Delhi 1974, 2ff |
This religion has been called "Muhammadanism" in the past, and its adherents have been termed "Muhammadans." Neither term is acceptable to Muslims, however, because they do not view themselves as followers of Muhammad, or Muhammad as the founder of their religion; the founder is God, and the Qur'an, their scripture, is seen as the words of God, not the words of Muhammad. The word islám comes from the Semitic root slm, which means submission to a higher power or the peace that comes from that submission. Islám means "submission" in Arabic and refers specifically to submission of one's will to the will of God. "Muslim" means "one who submits" in Arabic. Thus, indeed, Jesus and Abraham were Muslims, for they submitted their wills to the will of God. Springing from the same slm root is the Arabic word salám, which means "peace." (Salám is a cognate to the Hebrew word shalom, which also means peace; Hebrew and Arabic are both Semitic languages, and are closely related to each other.) Thus Islam is often referred to as the "religion of peace" as well.
From the noun "Islam," in English, is coined the English adjective "Islamic." It is important to learn how to use the words Islam, Islamic, and Muslim correctly; one cannot refer to the followers as "islams" or the religion as "Muslim." |
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| Islam is the religion founded on the revelation brought to humanity by Muhammad. Muslims see it as the latest chapter in the ongoing religion of God, a religion that can be traced back through Jesus to Moses and Abraham. [...] Muslims consider all three, Abraham, Moses and Jesus, to have been prophets of God and refer to them as Muslims. Thus Islam accepts Christianity and Judaism as true religions, but claims to supersede their truths with a new divine revelation. | Islam is the religion founded on the revelation brought to humanity by Muhammad (c. 570 C.E.-632 C.E.). Muslims see it as the latest chapter in the ongoing religion of God, a religion that can be traced back through Jesus to Moses and Abraham. Muslims consider all three to have been prophets of God and refer to them as Muslims. Thus Islam accepts Christianity and Judaism as true religions, but claims to supersede their truths with a new divine revelation. |
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| Medina was a large agricultural town containing pagan and Jewish tribes. The pagans embraced Islam but the Jews did not, which prompted Qur'anic revelations criticizing Jews and Christians for their obstinacy. Considerable friction arose between the Jews and Muslims and eventually led to the expulsion of the Jewish community from the town. Medina was a trading rival of Mecca, and the inhabitants of Mecca decided to go to war against Medina and their cousin. This made the prophet a military leader and an Islamic warrior and further reinforced the notion of a fusion of state and religious affairs.45
Warfare continued sporadically for seven years, with Muslim victories and defeats. In 627, Mecca soldiers besieged Medina for two weeks and almost took the city. Muhammad acquired more allies, however, as tribes became Muslim. In 630 Mecca surrendered to a Muslim army, converted to Islam, and became the centre of an Islamic Arabia. Muhammad and 'Al cleansed the ka'bah of its idols, restoring it to the worship of the one true God. Pilgrimage to Mecca which had existed for centuries before the arrival of Islam as a sort of pagan worship became a Muslim pilgrimage. In the course of next two years, most of Arabia accepted Muhammad as their leader and nominally became Muslim. In 632 Muhammad died at the age of 63, leaving behind him a new and rapidly growing faith. There is a strong tension in Islam between efforts to view him as an ordinary man and efforts to exalt him as a miracle-working prophet. But for all Muslims, Muhammad is seen as the epitome of Muslim life, and Muslims have long sought to emulate him. His actions are seen as a model. To give but one example, the obligatory Muslim pilgrimage is patterned after Muhammad's pilgrimage in 629. Stories about his actions and words, called hadith, circulated and were passed down orally within the Muslim community; within a century or two of Muhammad's death they were written down and closely scrutinized by Muslim scholars for their historical accuracy. The hadith became a major pillar of the [Muslim tradition, supplementing the Koran itself when it was silent about a crucial matter.46] 45 Hammidullah, Le Prophète et l’Islam, Paris 1959, 256 ff. 46 Endreß, Gerhard, Einführung in die islamische Geschichte, München 1982, 342ff |
Medina was a large agricultural town containing pagan and Jewish tribes. The pagans embraced Islam but the Jews did not, which prompted Qur'anic revelations criticizing Jews and Christians for their obstinacy. Considerable friction arose between the Jews and Muslims and eventually led to the expulsion of the Jews from the town. Medina was a trading rival with Mecca, and the Meccans decided to go to war against Medina and their cousin. Muhammad then became a general as well.
Warfare continued sporadically for seven years, with Muslim victories and defeats. In 627 Meccans besieged Medina for two weeks and almost took the city. Muhammad acquired more allies, however, as tribes became Muslim. In 630 Mecca surrendered to a Muslim army, converted to Islam, and became the center of an Islamic Arabia. Muhammad and 'Al cleansed the ka'bah of its idols, restoring it to the worship of the one true God. Pilgrimage to Mecca became Muslim pilgrimage. In the next two years, most of Arabia accepted Muhammad as their leader and nominally became Muslim. On 8 June 632, at age 65, Muhammad died. How is Muhammad perceived by Muslims? There is a strong tension in Islam between efforts to view him as an ordinary man and efforts to exalt him as a miracle-working prophet. But for all Muslims, Muhammad is seen as the epitome of Muslim life, and Muslims have long sought to emulate him. His actions are seen as a model; for example, Muslim pilgrimage is patterned after Muhammad's pilgrimage in 629. Stories about his actions and words, called hadth, long have circulated in the Muslim community; within a century or two of Muhammad's death they were written down and closely scrutinized by Muslim scholars for their historical accuracy. The hadth became a major pillar of the Muslim tradition, supplementing the Qur'an itself when the Qur'an was silent about a crucial matter. |
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| [The hadith became a major pillar of the] Muslim tradition, supplementing the Koran itself when it was silent about a crucial matter.46
The reign of Muhammad over the Muslim community is viewed as the golden age of Islam. The philosophy of Plato, of all people, gives us a model for how Muhammad is viewed: as a just king. In The Republic, Plato discusses the ideal form of government, which he says is rule by a perfect king, one who insures that justice is established, that economic disparities are reduced, and that makes just laws.47 Muslim scholars, when they translated The Republic into Arabic, understood this idea as fitting Muhammad perfectly. Muslims look back with nostalgia to the early days of their community, and seek to reform modern Islamic society to fit the seventh century pattern. This is an extremely important difference between Islam and Christianity. Christians view the perfect kingdom as something Christ will establish in the latter days; therefore their golden age is still ahead of them. Some see this golden age in very secular terms, as the product of steady social progress. Muslims, however, have their ideal society in the past, and they constantly seek to emulate that example. [...] However, whether the world, or even any segment of it can reproduce that golden age before God's Judgment Day comes, remains an open question.48 46 Endreß, Gerhard, Einführung in die islamische Geschichte, München 1982, 342ff 47 Compare to Ostenfeld, Eric Nils, Essays on Plato’s Republic, Aarhus 1997, 46ff 48 Serajuddin, Alamgir Muhammad, Sharia Law and Society, Oxford 1999, 109ff |
The hadth became a major pillar of the Muslim tradition, supplementing the Qur'an itself when the Qur'an was silent about a crucial matter.
Above all else, the reign of Muhammad over the Muslim community is viewed as the golden age of Islam. The philosophy of Plato, of all people, gives us a model for how Muhammad is viewed: as a just king. In The Republic, Plato discusses the ideal form of government, which he says is rule by a perfect king, one who insures that justice is established, that economic disparities are reduced, and who makes just laws. Muslim scholars, when they translated The Republic into Arabic, understood this idea as fitting Muhammad perfectly. Muslims look back with nostalgia to the early days of their community, and seek to reform modern Islamic society to fit the seventh century pattern. This is an extremely important difference between Islam and Christianity. Christians view the perfect kingdom as something Christ will establish in the latter days; therefore their golden age is still ahead of them. Some see this golden age in very secular terms, as the product of steady social progress. Muslims, however, have their ideal society in the past, and they constantly seek to emulate that example. Whether the world, or even any segment of it, can reproduce that golden age, before God's Judgment Day comes, is an open question. |
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| [Muhammad also condemned the town's] economic and social inequalities. After ten years the Muslim community grew slowly but tension increased to the point where the Muslims no longer could be protected by their clans against violence. But without clan protection one was in grave danger, because in the absence of police and courts it was the fear of starting a blood feud that prevented people from killing each other.44
In one famous case a non-Muslim tried to force his Muslim slave, Bilál, a black man, to recant. Bilál was tied to the ground and heavy stones were piled on his chest in order to torture him. The torture ended when a Muslim purchased Bilál and then emancipated him. In 615 Muhammad had to send some of his followers to Abyssinia, where the Christian king offered them refuge, an act of generosity that Muslims remember to this day. In 619, his wife Khadjah died, as did Muhammad's uncle, who had also protected him from murder. This put Muhammad in grave danger. In 620 he was invited to move to the city of Yathrib, two hundred miles to the north, and to become the chief arbitrator of the city's feuding tribes. The situation in Mecca finally became unbearable and Muhammad and two hundred of his followers had to flee the city in 622. This event is called the hijra or hegira (the Latin pronunciation of the Arabic word) and marks the beginning of Islam as a religion. Dates in the Islamic calendar are reckoned from the hijra. In Medina Muhammad began as leader of one of the town's eight groups, but he gradually emerged as the town's leader, and therefore he was able to implement the social changes that the revelations had demanded. This sets Muhammad off from Jesus in a sharp way; while Jesus was a prophetic figure, he never ruled a state; Muhammad was both prophet and statesman. This makes his career radically different from that of Jesus. 44 Hamidullah, Muhammad: „ Le Prophète et l’Islam“, Paris 1959, 213ff. |
Muhammad also condemned the town's economic inequalities. After ten years the Muslim community grew slowly but tension increased to the point where the Muslims no longer could be protected by their clans against violence. Without clan protection one was in grave danger, because in the absence of police and courts it was the fear of starting a blood feud that prevented people from killing each other. In one famous case a non-Muslim tried to force his Muslim slave, Bilál, a black man, to recant. Bilál was tied to the ground and heavy stones were piled on his chest in order to torture him. The torture ended when a Muslim purchased Bilál, then emancipated him. In 615 Muhammad had to send some of his followers to Abyssinia, where the Christian king offered them refuge, an act of generosity that Muslims remember to this day.
In 619 Khadjah died, as did Muhammad's uncle, who also protected him from murder. This put Muhammad in grave danger. In 620 he was invited to move to the city of Yathrib, two hundred miles to the north, and become the chief arbitrator of the city's feuding tribes. The situation in Mecca finally became impossible and Muhammad and two hundred of his followers had to flee the city in the year 622. This event is called the hijra or hegira (the Latin pronunciation of the Arabic word) and marks the beginning of Islam as a religion. Dates in the Islamic calendar are reckoned from the hijra. In Medina Muhammad began as leader of one of the town's eight groups, but He gradually emerged as the town's leader, and therefore he was able to implement the social changes that the revelations had demanded that Mecca make. This sets Muhammad off from Jesus in a sharp way: while Jesus was a prophetic figure, he never ruled a state; Muhammad was both prophet and statesman. This makes his career radically different from that of Jesus. |
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| [The boy was raised by his uncle] (the father of 'Ali), a caravan operator and merchant. Muhammad was raised a merchant himself, and as a young man was hired by a wealthy widow named Khadjah to run her caravans. At the age of 25 he married her and they had about six children. Their life together was happy; Muhammad married no other women until after Khadija died.
All accounts indicate that Muhammad did not feel any divine call in the beginning of his life. He did not seek out mystical experiences, nor did he meditate or withdraw from life. He was, to put it in modern terms, a successful businessman and family man. However, he did seek solitude from the troubles he found in Mecca, often in a cave on a nearby hillside. In 610 he began to have Visions. In one of them the angel Gabriel came to him and said, “You that are wrapped up in your vestment, arise, and give warning. Magnify your Lord, cleanse your garments, and keep away from all pollution”.43 Muhammad fled from these experiences and hid himself in his cloak. Once he ran to Khadjah and hid himself in her robes. But Khadjah encouraged him to listen to his revelations, which often came to him again and again. Khadjah's cousin, Waraqah, who was a Christian, also encouraged him. Finally Muhammad realized that he was receiving messages from God. He began to take them to the people of Mecca, first privately, then more publicly. His message emphasized acceptance of the one, transcendent God; that Muhammad is his messenger; that idol worship and cruelties practiced within the archaic tribal society like the killing of girl babies was forbidden; and that one must prepare oneself for the Day of Judgment. A few, listening to Muhammad, accepted him as a prophet and became the first Muslims. Most Meccans, however, looked at him as a crazy poet and made fun of Muhammad. Their taunts are preserved in the Koran itself. When Muhammad began to preach against worship of the idols in the ka'bah many Meccans became outwardly hostile, since such preaching undermined the hajj, and therefore their livelihood. Muhammad also condemned the town's [economic and social inequalities.] 43 Hasan, Masudul, History of Islam, New Delhi 1992. 11ff. |
The boy was raised by his uncle (the father of 'Al), a caravan operator and merchant. Muhammad was raised a merchant himself, and as a young man was hired by a wealthy widow named Khadjah to run her caravans. At age 25 he married her; they had about six children. Their life together was happy; Muhammad married no other women until after Khadjah died.
All accounts indicate that Muhammad did not want to become a prophet. He did not seek out mystical experiences, nor did he meditate or withdraw from life. He was, to put it in modern terms, a successful businessman and family man. However, he did seek solitude from the troubles he found in Mecca, often in a cave on a nearby hillside. In 610 he began to have visions. In one of them the angel Gabriel came to him and said "You that are wrapped up in your vestment, arise, and give warning. Magnify your Lord, cleanse your garments, and keep away from all pollution." Muhammad fled from these experiences and hid himself in his cloak. Once he ran to Khadjah and hid himself in her robes. But Khadjah encouraged him to listen to his revelations, which often came to him again and again. Khadjah's cousin, Waraqah, who was a Christian, also encouraged him. Finally Muhammad realized that he was receiving messages from God. He began to take them to the people of Mecca, first privately, then more publicly. His message emphasized acceptance of the one, transcendent God; that Muhammad is His messenger; that idol worship and killing of girl babies was forbidden; and that one must prepare oneself for the Day of Judgment. A few, listening to Muhammad, accepted him as a prophet and became Muslims. Most Meccans, however, looked at him as a crazy poet and made fun of Muhammad. Their taunts are preserved in the Qur'an itself. And when Muhammad began to preach against worship of the idols in the ka'bah many Meccans became outwardly hostile, since such preaching undermined the ajj, and therefore their livelihood. Muhammad also condemned the town's economic inequalities. |
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| 5.6. From the Prophet to Islam
In the year 570 Yemen attempted to invade and conquer Mecca and the area, but the invasion failed. This was the year that the Prophet was born. Muhammad was born into a small, weak clan of the Quraysh tribe. His father was named Abdullah, which means "servant of God." The "ulláh" part of the name comes from "Allah," the modern Arabic word for "god". It is not known where the word "Allah" had came from; possibly it is a contraction of al-iláh, "the god" (al means "the" in Arabic). At any rate, the name of Muhammad's father may be a clue for us because it sounds like the name aanf - a monotheist would be. It suggests that Muhammad’s father or grandfather had rejected polytheism. Whether this had any influence on Muhammad is not known, because Abdullah died before his son was born. Unfortunately for Muhammad, his mother died when he was about six, leaving him an orphan. The boy was raised by his uncle [(the father of 'Ali), a caravan operator and merchant.] |
The Life of Muhammad
In the year 570 Yemen attempted to invade and conquer Mecca and the area, but the invasion failed. Because the Yemenese army was equipped with elephants--the tanks of their day--the year of the invasion was remembered as "the year of the elephant." This was the year in which Muhammad was born. Muhammad was born into a small, weak clan of the Quraysh tribe. His father was named Abdu'lláh, which means "servant of God." The "ulláh" part of the name comes from "Alláh," the modern Arabic word for "god." It is not known where the word "Alláh" came from; possibly it is a contraction of al-iláh, "the god" (al means "the" in Arabic). At any rate, the name of Muhammad's father may be a clue for us, because it sounds like the name a anf--a monotheist--would have. It suggests that polytheism had been rejected by Muhammad's father or grandfather. Whether this had any influence on Muhammad is not known, because Abdu'lláh died before his son was born. Unfortunately for Muhammad, his mother died when he was about six, leaving him an orphan. The boy was raised by his uncle (the father of 'Al), a caravan operator and merchant. |
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| Gradually one town in central Arabia emerged as the principal centre of Arab culture: Mecca. Mecca's merchants came into a position that enabled them to control much of Arabia’s caravan trade and turning their home town gradually into the region’s economic centre. But Mecca was also a spiritual centre. One reason for that was the black stone cube that covers about thirty feet square called the ka'bah (which is Arabic for cube). It was decorated with 365 idols, representing the same number of gods and goddesses. The ka'bah came to be seen as the centre of Arab religion; every year one month, the month of hajj, became a month when Arabs went on pilgrimage to Mecca. There they met for
trade purposes, arranged marriages, sought entertainment, and worshipped at the ka'bah. During the month of hajj, warfare was forbidden. Arab poets composed lyrics to be read at those hajj celebrations; pre-Islamic poetry has been preserved and gives us a sample of the language the people spoke. An alphabet for the Arabic language was developed from the Aramaic alphabet which shows the cultural link to the Mediterranean area. However, scripture only received limited use by merchants and poets. Children born on the holy land around the ka'bah were automatically considered members of the Quraysh tribe, the tribe that controlled the ka'bah. The link between the hajj celebrations, the ka'bah, and the Quraysh tribe shows the establishment of social institutions that one-day could have led to a united Arab nation, probably under a Quraysh king.37 37 Monroe, James T., The Poetry of the Sirah Literature, in: Arabic Literature to the end of the Umayyad Period, Cambridge 1983, 73ff. |
Gradually one town in central Arabia emerged as the principal center of Arab culture: Mecca. Mecca's merchants came to control much of the caravan trade. Mecca had a stone cube-shaped building about thirty feet square called the ka'bah (which is Arabic for cube) which was filled with 365 idols, representing the same number of gods and goddesses. The ka'bah came to be seen as the center of Arab religion; every year one month, the month of ajj, became a month when Arabs went on pilgrimage to Mecca. There they traded, arranged marriages, had a good time, and worshipped at the ka'bah. During the month of ajj, warfare was forbidden. Arab poets composed poetry to be read at the ajj celebration; pre-Islamic poetry has been preserved and gives us a sample of the language the people spoke. An alphabet for the Arabic language was developed from the Aramaic alphabet, and received limited use by merchants and poets. Children born on the holy land around the ka'bah were automatically considered members of the Quraysh tribe, the tribe that controlled the ka'bah. Mecca gradually emerged as central Arabia's primary trading center. In the ajj, the ka'bah, and the Quraysh tribe we see the establishment of social institutions that one day could have led to a united Arab nation, probably under a Quraysh king. |
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| 5.4. The Seventh Century – Arrival of a new religion
While historical knowledge of seventh-century Arabia is not as good as that of first century Palestine, historians know the basic outline of events in Arabia immediately before the coming of Muhammad. To the north and west were Iran, Iraq, Syria and Palestine, all urbanized, advanced societies. Iran and the Byzantine Empire were constantly fighting for control over Iraq and Syria, and the border between these two huge empires fluctuated back and forth, with terrible economic consequences for both. A Roman army had invaded Arabia [once, in 24 B.C.E., but the desert proved impenetrable and the expedition was a disaster.] |
Pre-Islamic Arabia
While historical knowledge of seventh-century Arabia is not as good as that of first century Palestine, historians know the basic outline of events in Arabia immediately before the coming of Muhammad. To the north and west were Iran, Iraq, Syria, and Palestine, all urbanized, advanced societies. Iran and the Byzantine Empire were constantly fighting for control over Iraq and Syria, and the border between these two huge empires fluctuated back and forth, with terrible economic consequences for both. Arabia was invaded by a Roman army once, in 24 B.C.E., but the desert proved impenetrable and the expedition was a disaster. |
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| [26.] Maa/Fragment 087 14 - Diskussion Bearbeitet: 10. September 2013, 15:16 Graf Isolan Erstellt: 10. September 2013, 07:06 (Graf Isolan) | Fragment, Gesichtet, Maa, OWR Hanbaliyyah 2000, SMWFragment, Schutzlevel sysop, Verschleierung |
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| 8.4. Hanbali School
The Hanbali School is the fourth important orthodox School of Law within Sunni Islam. Like the other ones it derives its decrees from the Koran and the Sunna, but places them above all forms of Consensus, opinion or inference. That’s why it characterized by an uncompromising attitude. However, the school accepts as authoritative an opinion given by a companion of the Prophet, providing there is no disagreement with another companion. In the case of such disagreement, the opinion of the Companion nearest to that of the Koran or the Sunna will prevail. The Hanbali School of Law was established by Ahmad bin Hanbal (780 - 855). He studied law under different masters, including Imam Shafi'I, the founder of the third school. Hanbal was regarded as more learned in the Traditions than in jurisprudence. His status also derives from his collection and exposition of the hadiths. |
The Hanbali school is the fourth orthodox school of law within Sunni Islam. It derives its decrees from the Qur'an and the Sunnah, which it places above all forms of consensus, opinion or inference. The school accepts as authoritative an opi nion [sic] given by a Companion of the Prophet, providing there is no disagreement with anther Companion. In the case of such disagreement, the opinion of the Companion nearest to that of the Qur'an or the Sunnah will prevail.
History The Hanbali school of law was established by Ahmad b. Hanbal (d.855). He studied law under different masters, including Imam Shafi'i (the founder of his own school). He is regarded as more learned in the traditions than in jurisprudence. His status also derives from his collection and exposition of the hadiths. |
Kein Hinweis auf eine Übernahme. Ein kurzer (fehlerhafter) Satz wurde eingefügt. |
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| Thus, his major contribution to Islamic scholarship is a collection of fifty thousand traditions known as Musnadul-Imam Hanbal118. [...]
In spite of the importance of Hanbal's work his school did not enjoy the popularity of the three preceding Sunni Schools of Law. Hanbal's followers were regarded as reactionary and troublesome on account of their reluctance to give personal opinion on matters of law, their rejection of analogy, their fanatic intolerance of views other than their own, and their exclusion of opponents from power and judicial office. Their unpopularity led to periodic bouts of persecution against them. The later history of the school has been characterised by fluctuations in their fortunes. However, latter Hanbali scholars such as Ibn Taymiyya (died in 1328) and Ibn Qayyim al-Jouzia (died in 1350) did display more tolerance to other views than their predecessors and were instrumental in making the teachings of Hanbali more generally accessible119. From time to time Hanbaliyyah became an active and numerically strong school in certain. areas under the jurisdiction of the 'Abbassid Caliphate. Nevertheless, its importance gradually declined under the Ottoman Turks. On the other side, the emergence of the Wahabi in the nineteenth century in Central Arabia and its challenge to Ottoman authority enabled Hanbaliyyah to enjoy a period of revival. Today the school is officially recognised as authoritative in Saudi Arabia and areas within the Persian Gulf. 118 Nishi, Purohit, Mohamedan law, Allahabad India 1998, 41ff.
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His major contribution to Islamic scholarship is a collection of fifty-thousand traditions known as 'Musnadul-Imam Hanbal'.
In spite of the importance of Hanbal's work his school did not enjoy the popularity of the three preceding Sunni schools of law. Hanbal's followers were regarded as reactionary and troublesome on account of their reluctance to give personal opinion on matters of law, their rejection of analogy, their fanatic intolerance of views other than their own, and their exclusion of opponents from power and judicial office. Their unpopularity led to periodic bouts of persecution against them. The later history of the school has been characterised by fluctuations in their fortunes. Hanbali scholars such as Ibn Taymiyya (d.1328) and Ibn Qayyim al-Jouzia (d.1350), did display more tolerance to other views than their predecessors and were instrumental in making the teachings of Hanbali more generally accessible. From time to time Hanbaliyyah became an active and numerically strong school in certain areas under the jurisdiction of the 'Abbassid Caliphate. But its importance gradually declined under the Ottoman Turks. The emergence of the Wahabi in the nineteenth century and its challenge to Ottoman authority enabled Hanbaliyyah to enjoy a period of revival. Today the school is officially recognised as authoritative in Saudi Arabia and areas within the Persian Gulf. |
Kein Hinweis darauf, dass dieser Text Wort für Wort an anderer Stelle bereits zu finden war; stattdessen erfolgen unspezifische "Literaturverweise", die die Herkunft nur verschleiern. |
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| [28.] Maa/Fragment 106 01 - Diskussion Bearbeitet: 9. September 2013, 22:09 Hindemith Erstellt: 8. September 2013, 15:10 (Graf Isolan) | Fragment, Gesichtet, Maa, Osman 1996, SMWFragment, Schutzlevel sysop, Verschleierung |
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| "But help one another in furthering virtue and God-consciousness, and not in furthering evil and enmity."150
"And enjoin upon one another the keeping to truth . . . and enjoin upon one another patience (and firmness) in adversity"151 11.3. Freedom of thought and believe The right of free expression and information cannot be separated from the freedom to think and believe. Intellectual and linguistic capabilities characterize human beings, and thus, the right to form and express opinions represents an essential manifestation of human merits and of God's gifts. The right to express and to be informed should, therefore, be secured by all who are respectful of humanity or grateful to God. Indeed, if one is allowed to think and believe, but not to communicate with others or exchange views, one's freedom of thought and belief is actually restricted. A human being is a social creature with genuine intellectual capabilities. Therefore, he should always consider more than one perspective of an idea and learn to balance the strength and weakness of it. This cannot be done individually or in isolation. Moreover, the basic condition for freedom of expression and information is that it extends to different viewpoints; otherwise, expression is merely an imposition of ideas and exercise in brainwashing. Many national and international documents which declare human rights acknowledge the fact freedom of thought and freedom of expression are intertwined. The universal declaration of human rights which was issued by the General Assembly of the United Nations in December 1948 has dealt with both [issues in two successive articles.152] 150 Koran 5,2. 151 Koran 5,14. [152 Articles 18,19 of the Universal Declaration of Human Rights.] |
The rights of expression and information cannot be separated from rights to think and believe. Intellectual and linguistic capabilities characterize human beings, and thus, the right to form and express opinions represents an essential manifestation of human merits and of God's gifts. The right to express and to be informed should, therefore, be secured by all who are respectful of humanity or grateful to God. Indeed, if one is allowed to think and believe, but not to communicate with others or exchange views, one's freedom of thought and belief is actually restricted. As the human being is a social creature, genuine intellectual activity in which a thinker considers more than one perspective on an idea and learns the strength and weakness of it debated, cannot be practiced individually or in isolation. Moreover, the basic condition for freedom of expression and information is that it extends to different viewpoints; otherwise, expression is merely an imposition of ideas and exercise in brain-washing.
Many national and international documents which declare human rights acknowledge the fact that freedom of thought and freedom of expression are intertwined. The Universal Declaration of Human Rights which was issued by the General Assembly of the United Nations in December 1948 has dealt with both in two successive articles (18, 19). [...] "But help one another in furthering virtue and God-consciousness, and not in furthering evil and enmity." (5:2) "And enjoin upon one another the keeping to truth . . . and enjoin upon one another patience (and firmness) in adversity" (103:3) |
Kein Hinweis auf eine Übernahme. Maa springt mit dem Beginn von Abschnitt 11.3 an den Anfang der ungenannt bleibenden Vorlage. |
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| [29.] Maa/Fragment 105 01 - Diskussion Bearbeitet: 9. September 2013, 22:08 Hindemith Erstellt: 8. September 2013, 15:03 (Graf Isolan) | Fragment, Gesichtet, Maa, Osman 1996, SMWFragment, Schutzlevel sysop, Verschleierung |
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| "... So that you may bear witness to the truth before all humanity...."146
God himself is the "ultimate truth" according to the Koran and it is incumbent upon every believer to support the truth in all forms so that it will always prevail. Therefore, freedom of expression and information, constituting both a right and a duty for every believer, should be established and maintained by all Muslims - men and women, rulers and ruled. The Koran orders those who have been entrusted with authority: "To deliver all that you have been entrusted with unto those who are entitled thereto, and whenever you rule between people to rule with justice"147 11.2. Freedom of assembly Since Islam is a religion based on public and joint practice of faith, Muslims are addressed as a community to work together in their efforts for progress. The right of assembly, another basic human right, is thus essential to secure correctional efforts against any powerful supporter of deviation from truth and righteousness: "And the believers, both men and women, are responsible for (or the supporters of) one another; they all enjoin the doing of what is right and forbid the doing of what is wrong148" "And that there should arise among you a band of people who invite unto all that is good and enjoin the doing of what is right and forbid the doing of what is wrong"149 146 Koran 3, 79. 147 Koran 4,58 .5,12. 148 Koran 2,108. 149 Koran |
"... so that you may bear witness to the truth before all humanity ...." (2:143 )
God Himself is the "Ultimate Truth" according to the Quran (22: 6, 24:25), and it is incumbent upon every believer to support the truth in all forms so that it will always prevail. Muslims are addressed as a community to work together in their efforts for progress. The right of assembly is thus essential to secure correctional efforts against any powerful supporter of deviation from truth and righteousness: "And the believers, both men and women, are responsible for (or the supporters of) one another; they all enjoin the doing of what is right and forbid the doing of what is wrong" (9:71) "And that there should arise among you a band of people who invite unto all that is good and enjoin the doing of what is right and forbid the doing of what is wrong" (3:104) [...] Freedom of expression and information, constituting both a right and a duty for every believer, should be established and maintained by all Muslims - men and women, rulers and ruled. The Quran orders those who have been entrusted with authority "to deliver all that you have been entrusted with unto those who are entitled thereto, and whenever you rule between people to rule with justice" (4:58-59). [...] |
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| The big advantage of the Hanafi School (Fiqh) results from the fact that it is easier to understand and act upon than the other systems of Fiqh.
The Koran repeatedly underlines the assumption that God wishes to be gentle and not strict with his followers. The Prophet declared that he had come to the people with a gentle and easy Sharia. Following this, it is Islam's special pride in comparison with other religions, as often stated by Muslim scholars, that it is far removed from principles like monasticism; that its ritual is not rigorous and that its enjoinments are easy to understand and act upon. Within this context, the Hanafi Fiqh is superior to its rivals on similar grounds. So well known is the fact that Hanafi Fiqh is easy and liberal that poets and writers often employ it as a proverb. A rather curious example of this is a simile used by the Islam scholar Anwari, in which he speaks of the liberties allowed by Abu Hanifah.112 The simile occurs in an improper context, but the point it makes is clear. On any question - whether pertaining to the duties of worship or to worldly transactions - one finds Abu Hanifah's precepts easy and gentle and those of the other imams difficult and harsh. This becomes evident if one looks at the rules regarding theft for illustration purpose. Those were laid down in the Kitab al-Jinayat (The Criminal Code) and the Kitab al-Hudod (the Penal Code). 112 Anwari, M., Die Zeichen Gottes. Die religiöse Welt des Islam, München 1995, 46ff. |
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The second distinguishing feature of Hanafi Fiqh is that it is easier to understand and act upon than the other systems of Fiqh. The Qur'an says repeatedly: "God wishes to be gentle, and not strict with you." The Prophet declared: "I come to you with a gentle and easy Shariah." It is Islam's special pride in comparison with other religions that it is far removed from monasticism, that its ritual is not rigorous, that its enjoinments are easy to understand and act upon. Hanafi Fiqh is superior to its rivals on similar grounds. So well known is the fact that Hanafi Fiqh is easy and liberal that poets and writers often employ it as a proverb. A rather curious example of this is a simile used by Anwari, an obscene and unbridled poet, in which he speaks of "the liberties allowed by Abu Hanifah." The simile occurs in an improper context, but the point it [Seite 4] makes is clear. On any question, whether pertaining to the duties of worship or to worldly transactions, one finds Abu Hanifah's precepts easy and gentle and those of the other imams difficult and harsh. Let me by way of illustration take the rules regarding theft, laid down in the Kitab al-Jinayat (the Criminal Code) and the Kitab al-Hudud (the Penal Code). |
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| It is agreed by all authorities that the punishment for theft is cutting off the right hand. However, the mujtahids have linked the execution of the punishment to certain conditions when defining theft. Regarding the criminal act of theft according to the Hanafi School pardon is allowed at all the time as well as the testimony of women which is granted an equal value than that of men.
A large part of Fiqh deals with prohibitions and permissions. In this connection, there are many precepts of the other imams, which, if they were to be closely followed, would make life unbearable if not impossible, while Abu Hanifah's precepts are easy to follow. For example, according to Shafi'i School, the following acts are impermissible: bathing or performing ablution with water heated on dung-fire; eating out of clay vessels baked on dung-fire; using vessels made of tin, glass, crystal and agate; wearing garments made of wool, sable fur and leather (in which prayer cannot be offered); vessels, chairs and saddles with silver work on them; common sales in which there is no declaration of selling and buying and so on. Abu Hanifah considers all these acts permissible. |
It is agreed by all authorities that the punishment for theft is cutting off the right hand, but the mujtahids in defining theft have laid down certain conditions without
the fulfillment of which this punishment cannot be awarded. What effect these conditions have on the rules relating to theft will be clear from the following comparative table, which will also show how easy and consistent with civilized living is Abu Hanifah's madhhab as compared with the other madhhabs. A large part of Fiqh deals with prohibitions and permissions. In this connection, there are many precepts of the other imams which, if they were to be acted upon, would make life unlivable, while Abu Hanifah's precepts are easy to follow. For example, according to Shafi'i, the following acts are impermissible: bathing or performing ablution with water heated on dung-fire; eating out of clay vessels baked on dung-fire; using vessels made of tin, glass, crystal and agate; wearing garments made of wool, sable fur and leather (in which prayer cannot be offered); vessels, chairs and saddles with silver work on them; common sales in which there is no declaration of selling and buying. Abu Hanifah considers all these acts permissible. |
Mittendrin leicht abweichend aber sonst weitgehend identisch. Kein Hinweis auf eine Übernahme. |
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| 11.1. Freedom of Speech
One of the most essential human rights, the free expression of speech, is addressed by the Koran in order to teach Muslims how freedom of expression and information should be maintained to make such a dialogue fruitful. According to Islam, freedom of expression and information is a basic human right. But Islam goes one step further and condemns spreading lies and false information as well as passiveness and reluctance when the truth should be spoken: "And do not overlay the truth with falsehood, and do not knowingly suppress the truth"140 A believer who is conscious of God should always maintain and defend truth and justice: "O you who have attained to faith! Be ever steadfast in upholding equity, bearing witness to the truth, for the sake of God, even though it is against your own selves or your parents and kinsfolk.... "141 "... Be ever steadfast in your devotion to God, bearing witness to the truth in all equity, and never let hatred lead you into the sins of deviation from Justice142 Providing false information about an event which one has witnessed verses in Koran as well as refraining from providing the facts that one knows are both considered grave sins that should be avoided and prevented by every possible means. 140 Koran 2,42. 141 Koran 5,12. 142 Koran 5,12. |
The Quran repeatedly reports the arguments of atheists and polytheists and replies to them objectively in order to teach Muslims how freedom of expression and information should be maintained to make such a dialogue fruitful. According to Islam, freedom of expression and information is a basic human right. Islam condemns spreading lies and false information as well as passiveness and reluctance when the truth should be spoken:
"And do not overlay the truth with falsehood, and do not knowingly suppress the truth" (2:42). A believer who is conscious of God should always maintain and defend truth and justice: "O you who have attained to faith! Be ever steadfast in upholding equity, bearing witness to the truth, for the sake of God, even though it be against your own selves or your parents and kinsfolk.... " (4:135) "... Be ever steadfast in your devotion to God, bearing witness to the truth in all equity, and never let hatred lead you into the sins of deviation from justice .... (5:8) Providing false information about an event which one has witnessed (22:30, 25:4, 72, 58:2), as well as refraining from providing the facts which one knows (2:146, 283, 3:71, 167) are both considered grave sins which should be avoided and prevented by every possible means. |
Kein Hinweis auf eine Übernahme. |
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| [33.] Maa/Fragment 104 05 - Diskussion Bearbeitet: 9. September 2013, 22:01 Hindemith Erstellt: 8. September 2013, 14:52 (Graf Isolan) | Fragment, Gesichtet, Maa, Osman 1996, SMWFragment, Schutzlevel sysop, Verschleierung |
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| The teachings of the divine message should be revealed to the public and not concealed, even if the message
criticizes or condemns an influential party or authority. It is significant that the Arabic word kafir and its origin kafara mean originally "to conceal, or to hide."143 The vice of hypocrisy (nifaq) is not less condemned in the Koran than atheists or (kufr) in Arabic language: "They (the hypocrites) are the real enemies. How perverted are their minds." "Behold, together with those who deny the truth, God will gather in hell the hypocrites 144 “Verily the hypocrites shall be in the lowest depth of hell”145. Likewise, one who is reluctant to provide the facts is actually concealing the truth and such a person is described as "evil at heart" in the Koran and as "a muted devil" in the tradition of the Prophet. Providing the known facts and cooperating constructively so that truth may prevail are fundamental parts of the Islamic obligation of enjoining the doing of what is right and forbidding the doing of what is wrong. One who provides false information or is reluctant to provide the right information becomes a participant in the prevalence of falsehood and evil. Every believer is a witness and protector of the truth during his/her whole life: 143 See the word in a lengthy Arabic dictionary such as Lisan al-Arab; and see the Koranic verses 6:35, 37:14; and 31:32. 144 Koran 4,141. 145 Koran 4,138,145. |
The teachings of the divine message should be revealed to the public and not concealed, even when the message criticizes or condemns an influential party or authority (2:159). It is significant that the Arabic word kafir and its origin kafara mean originally "to conceal, or to hide." (See the word in a lengthy Arabic dictionary such as Lisan al-Arab; and see the Quranic verses 6:35, 37:14; and 31:32.)
The vice of hypocrisy (nifaq) is not less condemned in the Quran than kufr: "They (the hypocrites) are the real enemies . . . , how perverted are their minds." (63:4) "Behold, together with those who deny the truth, God will gather in hell the hypocrites . . ." (4:140) "Verily the hypocrites shall be in the lowest depth of hell . . ." (4:145) Likewise, one who is reluctant to provide the facts is actually concealing the truth and such a person is described as "evil at heart" in the Quran (2:283), and as "a muted devil" in the tradition of the Prophet. Providing the known facts and cooperating constructively so that truth may prevail are fundamental parts of the Islamic obligation of enjoining the doing of what is right and forbidding the doing of what is wrong. (3:110) One who provides false information or is reluctant to provide the right information becomes a participant in the prevalence of falsehood and evil. Every believer is a witness and protector of the truth during his/her whole life: |
Kein Hinweis auf eine Übernahme. Schließt im Original unmittelbar an die in Maa/Fragment_104_02 dokumentierte Passage an. |
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| [The universal declaration of human rights which was issued by the
General Assembly of the United Nations in December 1948 has dealt with both]issues in two successive articles. But freedom of thought and believe are also repeatedly emphasized in the Koran: "There shall be no coercion in matters of faith"153 "And had your Lord so willed, all those who live on earth would have attained to faith - all of them, do you then think that you could compel people to believe?"154 Said (Noah): O my people - what do you think? If (it be true that) I am taking my stand on a clear evidence from my Lord . . . to which you have remained blind, can we force it on you even though it is hateful to you?"155 "And so (O Prophet) exhort them; your task is only to exhort; you cannot compel"156 As long as freedom of expression and information is maintained, different views should be expressed and respected: "Call you (all humanity) unto your Lord's path with wisdom and goodly exhortation, and Say: argue with them in the most kindly (and convincing manner)”157 152 Articles 18,19 of the Universal Declaration of Human Rights. 153 Koran 2,255. 154 Koran 10,71. 155 Koran 10,70. 156 Koran 10,1. 157 Koran 2,150; 109,1,2,3,4. |
The Universal Declaration of Human Rights which was issued by the General Assembly of the United Nations in December 1948 has dealt with both in two successive articles (18, 19).
Freedom of thought and belief is repeatedly emphasized in the Quran: "There shall be no coercion in matters of faith" (2:256)"And had your Lord so willed, all those who live on earth would have attained to faith - all of them, do you then think that you could compel people to believe?" (10:99) "Said (Noah): O my people - what do you think? If ( it be true that) I am taking my stand on a clear evidence from my Lord . . . to which you have remained blind, can we force it on you even though it is hateful to you?" (11:28) "And so (O Prophet) exhort them; your task is only to exhort; you cannot compel" (88:21-22). As long as freedom of expression and information is maintained, different views should be expressed and respected: "Call you (all humanity) unto your Lord's path with wisdom and goodly exhortation, and argue with them in the most kindly (and convincing) manner (16:25). |
Die Auswahl der Koranverse ist identisch, am Ende ergänzt Maa allerdings erstmalig einen selbst nachgeschlagenen Vers. Kein Hinweis auf eine Übernahme. |
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| [Under the Ottomans,] Hanafites were appointed judge and sent from Istanbul, even to countries where the population followed another madhhab. Consequently, the Hanafi madhhab became the only authoritative code of law in the public life and official administration of justice in all the provinces of the Ottoman Empire111. Even today the Hanafi code prevails in the former Ottoman countries like Jordan. It is also dominant in Central Asia and India. There are no official figures for the number of followers of the Hanafi School of law. However, it is followed by the vast majority of people in the Muslim world.
111 Yozsef, Mousa, Abu Hanifeh , Baghdad 1982, 171ff. |
Under the Ottomans the judgement-seats were occupied by Hanafites sent from Istanbul, even in countries where the population followed another madhhab. Consequently, the Hanafi madhhab became the only authoritative code of law in the public life and official administration of justice in all the provinces of the Ottoman empire. Even today the Hanafi code prevails in the former Ottoman countries. It is also dominant in Central Asia and India.
[...] Adherence There are no official figures for the number of followers of the Hanafi school of law. It is followed by the vast majority of people in the Muslim world. |
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| The Hanafi School of Law was founded by Nu'man Abu Hanifah (699 - 766) in Kufa in what is today Iraq. It derived from the bulk of the ancient school of Kufa and absorbed the ancient school of Basra. Abu Hanifah lived in the period of the successors of the Sahabah (the companions of the Prophet). The Hanafi School
was favoured by the first 'Abbasid caliphs in spite of the school's opposition to the power of the caliphs because it had originated in Iraq. The privileged position which the school enjoyed under the 'Abbasid caliphate was lost with the decline of the 'Abbasid caliphate. However, the rise of the Ottoman Empire led to the revival of Hanafi fortunes. |
History
The Hanafi school of law was founded by Nu'man Abu Hanifah (d.767) in Kufa in Iraq. It derived from the bulk of the ancient school of Kufa and absorbed the ancient school of Basra. Abu Hanifah belonged to the period of the successors (tabiin)of the Sahabah (the companions of the Prophet). He was a Tabi'i since he had the good fortune to have lived during the period when some of the Sahabah were still alive. Having originated in Iraq, the Hanafi school was favoured by the first 'Abbasid caliphs in spite of the school's opposition to the power of the caliphs. The privileged position which the school enjoyed under the 'Abbasid caliphate was lost with the decline of the 'Abbasid caliphate. However, the rise of the Ottoman empire led to the revival of Hanafi fortunes. |
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| 8.1. Hanafiyyah School
The Hanafiyyah School is the first of the four orthodox Sunni Schools of Law. It distinguishes itself from the other schools by according less authority to oral traditions as a source of legal procedure. Contrarily, it developed the exegesis of the Koran through a method of analogical reasoning known as Qiyas which necessitated a careful study of actual conditions in legal thinking. Furthermore, it established the principle that agreements of the Ummah (community) of Islam concerning a specific point in the Islam law codex, as represented by legal and religious Scholars, constituted evidence of the will of God. This process is referred to as Ijma', which means the consensus of the scholars. Thus, the school definitively established the Koran and its resulting principles known as Ijma' and Qiyas as the basis of Islamic law. In addition to these, Hanafi accepted local customs as a secondary source of the law. |
Hanafiyyah
Doctrines The Hanafiyyah school is the first of the four orthodox Sunni schools of law. It is distinguished from the other schools through its placing less reliance on mass oral traditions as a source of legal knowledge. It developed the exegesis of the Qur'an through a method of analogical reasoning known as Qiyas (see Sunni Islam). It also established the principle that the universal concurrence of the Ummah (community) of Islam on a point of law, as represented by legal and religious scholars, constituted evidence of the will of God. This process is called ijma', which means the consensus of the scholars. Thus, the school definitively established the Qur'an, the Traditions of the Prophet, ijma' and qiyas as the basis of Islamic law. In addition to these, Hanafi accepted local customs as a secondary source of the law. |
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| [38.] Maa/Fragment 074 01 - Diskussion Bearbeitet: 9. September 2013, 21:53 Hindemith Erstellt: 9. September 2013, 06:48 (Graf Isolan) | Fragment, Gesichtet, Maa, Muslim Women's League 1995, SMWFragment, Schutzlevel sysop, Verschleierung |
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| [After the death of the Prophet, it was seen that from the readiness of the Caliphs Abu Baker and Omar to take advice, that it is evident that the right of interpreting the koranic regulations was not the privilege of any special official] body but could be exercised by anyone who is pious and has a social conscience. To prevent individuals from practicing ijtihad haphazardly, al-Shafi'i developed a methodology for using ijtihad in his book, Usul al-fiqh. Since then, the role of ijtihad has not been in the hands of the laymen but left to a selected few who assume a special role in Islamic law. Today in many Muslim countries, Islamic decisions ranging from personal to political ones are made in the form of fatwas or religious decisions which is a result of this approach. | After the death of the Prophet, it was seen that "from the readiness of the Caliphs Abu Bakr and Umar to take advice it is evident that the right of interpreting the Quranic regulations was not the privilege of any special official body but could be exercised by anyone whose piety or social conscience dictated such a course." (Coulson, 25) To prevent individuals from practicing ijtihad haphazardly, al-Shafi'i developed a methodology for using ijtihad in his book, Usul al-fiqh. Since then, the role of ijtihad has not been in the hands of the laymen, but in a select few who occupy a special role in Islamic law. Today in many Muslim countries, Islamic decisions ranging from personal to political are made in the form of fatwas, or religious decisions, where Islamic scholars render a decision on the morality or legality of an issue brought to them. |
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| During the Prophet's life the Muslim community respected the Prophet's authority as their spiritual guide, community leader as well as a trusted and respected individual. He intervened in cases of controversy and his counsel was very much solicited; therefore, many of the Muslims took it for granted that the Prophet was always there in case an issue needing clarification. However, this did not negate the benefits of using Ijtihad or independent judgement as the starting point for Consensus. There are examples of the Prophet encouraging the believers to apply the principles of Ijtihad to their everyday lives. For example, it is reported that when the Prophet appointed Moath bin Jabal as governor of Yemen, he asked him what he would do in case an issue arises to which he is uncertain. Moath said he would first refer to the Koran and then to the teachings of Muhammad. The Prophet then asked him what he would do if there were no
clear answer from these sources. Moath answered, to the satisfaction of the Prophet, that he would do the best he could and use his judgement.98 In another example to show that independent judgement was encouraged, the Prophet had ordered Muslims in a mission to not pray Asr (midday prayer) except in Qurayza their destination. When the sun was about to set, some said that the Prophet meant for them to hurry up so they arrive in Quryyza before the sunset, but if they are running late, they should pray on the road. Others took the Prophet's words literally and refused to pray until they reached Qurayza which is a place near to the prophet city after the sun set. Later, when they met with the prophet they asked him which interpretation was correct, and he agreed with both. After the death of the Prophet, it was seen that from the readiness of the Caliphs Abu Baker and Omar to take advice, that it is evident that the right of interpreting the koranic regulations was not the privilege of any special official [body but could be exercised by anyone who is pious and has a social conscience.]
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Ijtihad
During the Prophet's life the Muslim community respected the Prophet's authority as their spiritual guide, community leader as well as a trusted and respected individual. He intervened in cases of controversy and his counsel was very much solicited; therefore, many of the Muslims took it for granted that the Prophet was always there in case an issue needing clarification. However, this did not negate the benefits of using ijtihad, or independent judgement, and we have examples of the Prophet encouraging the believers to apply the principles of ijtihad to their everyday lives. For example, it is reported that when the Prophet appointed Mo'adh ibn Jabal governor of Yemen, he asked him what he would do in case an issue arises to which he is uncertain. Mo'adh said he would first refer to the Quran and then to the teachings of Muhammad. The Prophet then asked him what he would do if there is no clear answer from these sources. Mo'adh answered, to the satisfaction of the Prophet, that he would do the best he could and use his judgement. ("Ijtihad of the Prophet's Companions," Light, January-March 92, p. 4, Hasan ud-Din Hashmi) In another example to show that independent judgement was encouraged, the Prophet had ordered Muslims in a mission to not pray Asr (midday prayer) except in Qurayza, their destination. When the sun was about to set, some said that the Prophet meant for them to hurry up so they arrive in Kuryza before the sun set, but if they are running late, they should pray on the road. Others took the Prophet's words literally and refused to pray until they reached Qurayza after the sun set. Later when they met with the Prophet they asked him which interpretation was correct, and he agreed with both. (Need reference) After the death of the Prophet, it was seen that "from the readiness of the Caliphs Abu Bakr and Umar to take advice it is evident that the right of interpreting the Quranic regulations was not the privilege of any special official body but could be exercised by anyone whose piety or social conscience dictated such a course." (Coulson, 25) |
Kein Hinweis auf eine Übernahme vollständiger Textblöcke. Selbst die Quellenangabe findet sich wieder. |
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| However, he came to believe in the overriding authority of the traditions from the Prophet and identified them with Sunna.
Baghdad and Cairo were the chief centres of the Shafi'iyyah. From these two cities Shafi'I’s teaching spread into various parts of the Islamic world. In the tenth century Mecca and Medina came to be regarded as the School's chief centres outside of Egypt. In the centuries preceding the emergence of the Ottoman Empire the Shafi'is had acquired supremacy in the central lands of Islam. It was only under the Ottoman sultans at the beginning of the sixteenth century that the Shafi'i were replaced by the Hanafites, who were given judicial authority in Constantinople, while Central Asia passed to the Shi'a as a result of the rise of the Safawids in 1501. In spite of these developments, the people in Egypt, Syria, Jordan, Palestine, Sudan and the Hidjaz (Gulf Area) continued to follow the Shafi'i madhhab. Today it remains predominant in Southern Arabia, Bahrain, Indonesia, East Africa and several parts of Central Asia. |
However, he came to believe in the overriding authority of the traditions from the Prophet and identified them with the Sunnah.
Baghdad and Cairo were the chief centres of the Shafi'iyyah. From these two cities Shafi'i teaching spread into various parts of the Islamic world. In the tenth century Mecca and Medina came to be regarded as the school's chief centres outside of Egypt. In the centuries preceding the emergence of the Ottoman empire the Shafi'is had acquired supremacy in the central lands of Islam. It was only under the Ottoman sultans at the beginning of the sixteenth century that the Shafi'i were replaced by the Hanafites, who were given judicial authority in Constantinople, while Central Asia passed to the Shi'a as a result of the rise of the Safawids in 1501. In spite of these developments, the people in Egypt, Syria and the Hidjaz continued to follow the Shafi'i madhhab. Today it remains predominant in Southern Arabia, Bahrain, the Malay Archipelago, East Africa and several parts of Central Asia. |
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