For general good of the society relaxation and stiffening certain laws are permissible and this does make / will make Islam relevant and generous as well as strict enforcer in any era.
Muttah
Muttah, the temporary marriage was permissible in the case of the prophet and by him to the companions and muslims in general. Caliph Umar found that to be unsuitable for the good of the soicety in general :
"Mutah in some form or the other was permissible or at least not expressly forbidden before the time of Umar. Umar felt that Mutah "hereunder a man married a woman for a specified number of days amounted to disguised prostitution and this led to moral laxity. Umar accordingly passed an order prohibiting Mutah. He declared that it was open to a person to divorce a woman after regular marriage for any valid reason, but a marriage which was stipulated to be dissolved after a specified number of days was repugnant to the spirit of Islam which stood for stability of domestic homes. Umar elaborated that the purpose of marriage was to set up homes with a view to getting children and Mutah negated such objects. Moreover in the case of Mutah the children born of such union were to be subject to social disability which was detrimental to social order. "
Umar prohibited muttah marriages issuing fatwa against that practice.
Drinking
There is no specific punishment in Quran for drinking. Some argued that since quran does not specify any punishment Allah does not intend to prohibit drinking.!
Umar convened a meeting of his Consultative Assembly to consider the question. The first question that was taken up for consideration was: whether the drinking of wine was lawful or unlawful. The verdict was that it was unlawful.
The next question was: if it was unlawful what should be the penalty therefore. Umar agreed that no penalty in this behalf had been laid down in the Holy Quran, but he held that a penalty therefore could be laid down on the basis of analogy keeping in view the penalty provided for offences of kindred character.
Ali argued that the offence of drinking was of the same species as calumny for under the influence of drink one was apt to say many things which he should not have otherwise said. In the case of calumny the Holy Quran provided punishment as follows:
"Give eighty lashes to each one,
Of those who accuse honorable women;
But do not support their accusation with four witnesses.
Do not accept their testimony,
For it is they who break the law."
Ali advised that for drinking the same penalty i. e. eighty lashes should be provided.
This advice was accepted by Umar. Umar issued orders to all concerned to the following effect:
"Drinking is banned under the Holy Quran. If any Muslim drinks and pleads that this was lawful then cut off his head for what he says is a violation of the Holy Word. If he says that it is unlawful but that he fell into error then give him eighty lashes publicly."
- http://www.witness-pioneer.org/vil/Articles/companion/14_umar_bin_al_khattab.htm
Cow slaughter - Modern fatwa, India :
In India, the cow is considered as sacred animal for various reasons. In a goodwill gesture to hindu brothers' religious feeling a top Islamic Theological School issued fatwa to avoid cow slaughter on the eve of Id-ul-Azha (Feb 2004) :
"Though cow slaughter is legitimate under Shariat, it is advised that sheep, goat and camel may be sacrificed in states where there is a ban on cow slaughter. The law of the land should not be violated and peace should be maintained in the states and the country," Mufti Habibur Rahman, head of the Darul's fatwa bench, told PTI over phone from Deoband, about 50km from Saharanpur, in Uttar Pradesh."
"President of the Jamiat-Ulema-Hind, affiliated to the Deoband school, Maulana Mehmood Madani told PTI that the Jamiat had passed a resolution over a year ago asking Muslims to voluntarily stop killing cows as it hurt the sentiments of the Hindus."
- http://www.rediff.com/news/2004/feb/02cow.htm
This goodwill gesture was praised even by hardcore hindu nationalists let alone ordinary hindus who feel more closer to muslims.
Time changes and Islam should show dynamicism and it can do that without loosing its sanctity. What you think..? Any further proposals to bring closer the muslims and non-muslims..? or would you declare Umar, Ali and those Ulema in India as non-muslims for violating the prophets words and compromising with infidels respectively.?!!
Muttah
Muttah, the temporary marriage was permissible in the case of the prophet and by him to the companions and muslims in general. Caliph Umar found that to be unsuitable for the good of the soicety in general :
"Mutah in some form or the other was permissible or at least not expressly forbidden before the time of Umar. Umar felt that Mutah "hereunder a man married a woman for a specified number of days amounted to disguised prostitution and this led to moral laxity. Umar accordingly passed an order prohibiting Mutah. He declared that it was open to a person to divorce a woman after regular marriage for any valid reason, but a marriage which was stipulated to be dissolved after a specified number of days was repugnant to the spirit of Islam which stood for stability of domestic homes. Umar elaborated that the purpose of marriage was to set up homes with a view to getting children and Mutah negated such objects. Moreover in the case of Mutah the children born of such union were to be subject to social disability which was detrimental to social order. "
Umar prohibited muttah marriages issuing fatwa against that practice.
Drinking
There is no specific punishment in Quran for drinking. Some argued that since quran does not specify any punishment Allah does not intend to prohibit drinking.!
Umar convened a meeting of his Consultative Assembly to consider the question. The first question that was taken up for consideration was: whether the drinking of wine was lawful or unlawful. The verdict was that it was unlawful.
The next question was: if it was unlawful what should be the penalty therefore. Umar agreed that no penalty in this behalf had been laid down in the Holy Quran, but he held that a penalty therefore could be laid down on the basis of analogy keeping in view the penalty provided for offences of kindred character.
Ali argued that the offence of drinking was of the same species as calumny for under the influence of drink one was apt to say many things which he should not have otherwise said. In the case of calumny the Holy Quran provided punishment as follows:
"Give eighty lashes to each one,
Of those who accuse honorable women;
But do not support their accusation with four witnesses.
Do not accept their testimony,
For it is they who break the law."
Ali advised that for drinking the same penalty i. e. eighty lashes should be provided.
This advice was accepted by Umar. Umar issued orders to all concerned to the following effect:
"Drinking is banned under the Holy Quran. If any Muslim drinks and pleads that this was lawful then cut off his head for what he says is a violation of the Holy Word. If he says that it is unlawful but that he fell into error then give him eighty lashes publicly."
- http://www.witness-pioneer.org/vil/Articles/companion/14_umar_bin_al_khattab.htm
Cow slaughter - Modern fatwa, India :
In India, the cow is considered as sacred animal for various reasons. In a goodwill gesture to hindu brothers' religious feeling a top Islamic Theological School issued fatwa to avoid cow slaughter on the eve of Id-ul-Azha (Feb 2004) :
"Though cow slaughter is legitimate under Shariat, it is advised that sheep, goat and camel may be sacrificed in states where there is a ban on cow slaughter. The law of the land should not be violated and peace should be maintained in the states and the country," Mufti Habibur Rahman, head of the Darul's fatwa bench, told PTI over phone from Deoband, about 50km from Saharanpur, in Uttar Pradesh."
"President of the Jamiat-Ulema-Hind, affiliated to the Deoband school, Maulana Mehmood Madani told PTI that the Jamiat had passed a resolution over a year ago asking Muslims to voluntarily stop killing cows as it hurt the sentiments of the Hindus."
- http://www.rediff.com/news/2004/feb/02cow.htm
This goodwill gesture was praised even by hardcore hindu nationalists let alone ordinary hindus who feel more closer to muslims.
Time changes and Islam should show dynamicism and it can do that without loosing its sanctity. What you think..? Any further proposals to bring closer the muslims and non-muslims..? or would you declare Umar, Ali and those Ulema in India as non-muslims for violating the prophets words and compromising with infidels respectively.?!!
