User:Flynnjed/Sandbox: Difference between revisions

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Doctrine cannot be generated from a weak hadith alone. However Dr. Yusuf Al-Qaradawi (a central figure affiliated with the Muslim Brotherhood)<ref>[https://www.terrorism-info.org.il/Data/pdf/PDF_11_046_2.pdf Portrait of Sheikh Dr. Yusuf Abdallah al-Qaradawi, senior Sunni Muslim cleric, affiliated with the Muslim Brotherhood] - The Meir Amit Intelligence and Terrorism Information Center (2011)</ref> decrees that a weak hadith can be used if:     
Doctrine cannot be generated from a weak hadith alone. However Dr. Yusuf Al-Qaradawi (a central figure affiliated with the Muslim Brotherhood)<ref>[https://www.terrorism-info.org.il/Data/pdf/PDF_11_046_2.pdf Portrait of Sheikh Dr. Yusuf Abdallah al-Qaradawi, senior Sunni Muslim cleric, affiliated with the Muslim Brotherhood] - The Meir Amit Intelligence and Terrorism Information Center (2011)</ref> decrees that a weak hadith can be used if:     


# the ''hadith'' not be very weak;
#the ''hadith'' not be very weak;
# the ''hadith'' be within the scope of an authentic legal principle that is applied and accepted in either the Qur’an or Sunnah;
#the ''hadith'' be within the scope of an authentic legal principle that is applied and accepted in either the Qur’an or Sunnah;
# its weakness, not authenticity, be realized when applying it.
#its weakness, not authenticity, be realized when applying it.


For example the information that Muhammad considered a form of FGM excessively sever can be taken from 'Do not cut severely', even assuming it a daif hadith, since it is not in contradiction with the stronger FGM hadith and does not contradict the Qur'an.     
For example the information that Muhammad considered a form of FGM excessively sever can be taken from 'Do not cut severely', even assuming it a daif hadith, since it is not in contradiction with the stronger FGM hadith and does not contradict the Qur'an.     


Setting aside doctrinal questions the hadith - whether daif, hasan, or sahih - all provide solid evidence that some form of FGM was practiced by Muhammad's followers, and by Muhammad's native tribe, the Banu Qarayza. Whilst the Quran and the Sunnah are the prime sources of doctrine, where an issue is nor resolved by these there exist secondary heuristics ([[daleel]]) for elucidating doctrine - Ijma (consensus of scholars or the Sahabah); Qiyas (analogical deduction); Ijtihad (the opinion of individual Sahabah); Istihasan (juristic preference and discretion); Urf (the custom of people throughout the Moslem world); Istislah (the interest and welfare of Islam and Moslems) and Amal (customs and practices of the people of Medina).       
The hadith - whether daif, hasan, or sahih - all provide evidence that some form of FGM was practiced by Muhammad's followers. All of Islam treats the Quran and the Sunnah as the prime sources of doctrine. However, where an issue is not resolved by these secondary heuristics ([[daleel]]) are used for elucidating doctrine - and these heuristics are worked through in a hierarchical manner until the issue is resolved.       


{{anchor|Qforbids}}
The Hanbali, Shafi'i and Maliki schools of Sunni Islam have as their principle daleels the consideration what the companions of Muhammad did or thought (Ijma, Ijtihad and Amal). The Hanafi school prioritises analogical deduction (Qiyas). Thus the deeds and words of the Muhammad's companions are second only to the Quran and Sunnah in determining what is Islamic or not - and are especially important where scholars find that the Qur'an and Hadith don't resolve an issue. The exception is the Hanafi school, which ascribes a lesser importance to the deeds and words of the Sahabah - which may explain why the Hanafi madhab rules FGM as merely 'optional' and why Hanafi Muslims generally don't practice FGM.<ref>[https://www.academia.edu/39727001/FOUR_SCHOOLS_OF_SUNNI_LAW Four Schools of Sunni Law] - Fatima Tariq</ref> <ref>[https://www.academia.edu/35835897/ISLAMIC_JURISPRUDENCE_FIQH <nowiki>Islamic Jurisprudence [Fiqh]</nowiki>] - Tej Chopra</ref>     


====The Qur'an forbids mutilation====
====The Qur'an forbids mutilation====
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====Muhammad wanted to forbid FGM but couldn't====
====Muhammad wanted to forbid FGM but couldn't====
The full argument is that Muhammad wanted to forbid FGM but felt that the society wherein he lived was not ready to immediately do this, so in the Qur'an and by his Sunnah he prepared the ground for eventual abolition of the practice.  
The full argument is that Muhammad wanted to forbid FGM couldn't because he felt that the society wherein he lived was not ready to immediately do this, so in the Qur'an and by his Sunnah he prepared the ground for eventual abolition of the practice. The same argument is made with respect to slavery.   


The same argument is made with regards to slavery. But one can wonder if Islamic history and the Islamic world today would so rife with slavery if Muhammad had not legitimised it in the Qur'an, and himself captured, owned, used and traded in slaves in the Hadith.  
Muhammad was not shy of forbidding things which would have been dear to the people he ruled over - [[Intoxicants and Recreation in Islamic Law|pigs and pork products,]] [[Intoxicants and Recreation in Islamic Law|alcohol, gambling]], [[Qur'an, Hadith and Scholars:Music|music and singing]] - things that, when indulged in with moderation, give harmless pleasure.  


Likewise with FGM. The fact that the Qur'an exhorts Muslims to 'adhere to the fitrah' (part of which is FGM), and the hadith report him approving of FGM how much sooner the hadith and Qur'an - the Qur'an's and hadith's approval of FGM and slavery have been a major factor in the justification of perpetuation of the practice. One can speculate whether FGM would still be endemic to the Islamic world if the Qur'an contained a single verse explicitly forbidding it, or if there were not FGM in the hadith.
One of the major ‘selling points’ of Mohammed’s new religion was that it overturned and rejected the established practices of pre-Islamic Arabian polytheism. Mohammed suddenly imposed on his followers such new practices as male circumcision, abstention from [[Intoxicants and Recreation in Islamic Law|alcohol, pork, games, gambling, music, singing and art,]] ritual ablutions, praying 5 times a day… and these new rules were followed. It seems unlikely that refraining from FGM - a practice that goes against the deepest instincts of any parent - would be ‘one reform too many’ for his followers.  


Muhammad was not shy of forbidding things which would have been dear to the people he ruled over -[[Intoxicants and Recreation in Islamic Law|pork,]] [[Intoxicants and Recreation in Islamic Law|alcohol, gambling]], [[Qur'an, Hadith and Scholars:Music|music and singing]] a- things that when indulged in with moderation give harmless pleasure and which people want to enjoy and share. How much more readily would people be to abandon a practice that goes against the deepest instincts of any parent. 
One can speculate how things would be different if, in the Qur'an, he had forbidden FGM with the same force he did alcohol, and not approved of it in his words and deeds in the Hadith. Would Islamic history and the Islamic world today would so rife with FGM?   


One can speculate how things would be different if, in the Qur'an, he had forbidden FGM with the same force as he did alcohol, and/or just not approved of it in his words and deeds (as recorded in the hadith)<s>s would be different if mohammed had forbidden FGM in the Quran with the same force as he did alcohol, and/or just not approved of it in his words and deeds (as recorded in the hadith)</s> 
{{Quran-range|5|90|91}} 


Forbid many other things
the Qur'an's and hadith's approval of FGM and slavery have been a major factor in the justification of perpetuation of the practice. One can speculate whether FGM would still be endemic to the Islamic world if the Qur'an contained a single verse explicitly forbidding it, or if there were not FGM in the hadith.   


One of the major ‘selling points’ of Mohammed’s new religion was that it overturned and rejected the established practices of pre-Islamic Arabian polytheism. Mohammed suddenly imposed on his followers such new practices as male circumcision, abstention from alcohol, abstention from pork, abstention from music and art, ritual ablutions, praying 5 times a day… and his followers were all keen to follow these new rules. It seems unlikely that refraining from FGM would be ‘one reform too many’ for his followers.
Forbid many other things 


Mohammed successfully demanded that his followers abstain from pleasurable and/or beneficial things such as eating pork, drinking alcohol, interest in debt, the public display of women’s faces, instrumental music, and art that depicts the human form, the easy mixing and socialisation of men and women – how much more willingly would his followers have abandoned a practice that is harmful, and that must be distressing for loving parents to perform and witness?
Mohammed successfully demanded that his followers abstain from pleasurable and/or beneficial things such as eating pork, drinking alcohol, interest in debt, the public display of women’s faces, instrumental music, and art that depicts the human form, the easy mixing and socialisation of men and women – how much more willingly would his followers have abandoned a practice that is harmful, and that must be distressing for loving parents to perform and witness?
==== There is no consensus of scholars on FGM ====


==See Also==
==See Also==