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Monday, June 29, 2015

Part 4 (e) To The Judges Of The Federal Court

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To the Judges of the Federal Court.

There is a landmark case coming up in the Federal Court soon (sometime in August). It has to do with the basic human rights of human beings versus what the religious people say is NOT a basic human right.

The religious people say it is their right to tell other human beings what shall be our basic human rights. 

They will decide how people should dress, what and how people should believe, behave etc. 

Yet around the world we see that the religious people can be the worst beasts the world has ever seen.   The behaviour of their brethren can only be described as satanic. Syaitan. 

The madness we see on TV and in the Media is not only satanic but it is kafir. What one Arab guy describes as "kuffur jahil" or kafir jahil. Kafir jahil are people who become kafir because of their ignorance (jahil).

Unfortunately there are many, many kafir jahils around, including in our country.  

This kaffir jahil is not Islam. Neither is it in the Quran. 

Please note that in the previous four part article that I posted (from someone else) they can only quote ONE single verse from the Quran.

Hence my question that I asked earlier remains relevant : How relevant is the Quran to the Muslims?

If you have a Book that you hardly understand (which is read mechanically like a parrot) then how can you claim to be a believer or follower of that Book?  This applies equally to native Arabic speakers.

Instead in the four parts that I have posted we can see the see sawing and hee hawing arguments going back and forth about what is acceptable and what is not acceptable. And these arguments have been going on to and fro for over 1000 years. 

Here is their problem. Their arguments are NOT based on the Quran. There may be some finality if they based their arguments on the Quran.

Instead their arguments are based on hearsay. Hearsay is a fancy word for gossip.

Or their arguments are based on pure fantasy. For example 'god's' throne is carried by eight mountain goats !!

And these are their highest levels of scholarship - ever.

Which is why all their pronouncements are nonsensical. Izzat Attiya the Head of the Department of Story Telling at the Al Azhar University in Cairo still believes that unknown adult males should suckle from the breasts of unknown adult females to establish a 'family relationship' just so that they can work together in the same office confines. 

Admitting Attiya into a psychiatric ward may endanger the psychiatrists and doctors. They may run screaming and tearing their hair out. It is best to confine Izzat Attiya in an institution for village idiots. For this we thank Allah because he is back to where he belongs.
All their foolishness and insanity is designed to create hatreds among human beings. And to make human life difficult.  And to kill people. Or to maim them.

In this country there is an unfortunate piece of Parliamentary legislation, a law, that must be abolished. 

This is the law of the 3-5-6, which means three years jail, RM5000 fine and/or six strokes of the rotan. 

These are the religious enactments passed by Parliament a long time ago. This law sets the maximum penalties for Muslims under the Shariah Criminal Enactments. It encompasses a string of religious infringments, including rejecting the orthodoxy, not obeying a gazetted State level fatwa etc. 

There is an attempt being made in this country to change this enactment. The people who are behind this attempt want to expand the punishments under the Shariah Enactments. 

They want to include cutting of hands, stoning people to death, crucifixion etc. It will not come to the Courts but it will be presented to Parliament as a Constitutional amendment. 

It does not mean the Court has no role because as the final arbiter of justice in the land, the Court can still rule any legislation un Constitutional or against fundamental human rights.

The Court should hold steady, hold firm and not waver from sane contemplation of what is right and what is wrong.

Many if not all these beliefs are based on the see sawing, to and fro arguments that have been presented in Parts 4 (a) to (d). 

Those arguments are not in the Quran.

Lastly, for those who are interested, here are the references for the four preceding parts.

(i) Ibn Khaldun mentions the accusation that Imam Abu Hanifa knew only seventeen ahadith in his famous ‘Muqaddima’, writing that this accusation is completely false as Imam Abu Hanifa’s students Imam Abu Yusuf and Imam Muhammad narrated a great number of ahadith from Imam Abu Hanifa which they have written in their books (Kitab al-Athar by Imam Abu Yusuf and Kitab al-Athar by Imam Muhammad – available in English). In fact, all of the narrations of ahadith are accumulated in Jami’ al-Masaneed by Imam Abu Hanifa – who is one of the first people to dictate books on Hadith/Fiqh. Imam al-Bukhari, Imam Muslim, etc. all came a very long time after him. This is why his status is the highest of all of them as from the famous scholars of Hadith/Fiqh he is the only one who is a Tabi’i (who have seen the Companions). This privilege was awarded to Imam Abu Hanifa only and not to Imam Malik, Imam Shafi’i, Imam Ahmad, Imam al-Bukhari or Imam Muslim.

(ii) Narrated in ‘Sunnah of Abdullah ibn Ahmad’ (the son of Imam Ahmad)

(iii) ‘History of Baghdad’ by Khatib Baghdadi

(iv) al-Khatîb in al-Jâmi` li Akhlâq al-Râwî (2:109)

(v) Ibn Abî Khaythama by Abû Nu`aym in the Hilya (4:225)

(vi) Ibn Rajab in Sharh. `Ilal al-Tirmidhî (1:413)

(vii) Ibn `Abd al-Salâm, al-Fatâwâ al-Mawsiliyya (p. 132-134)

(viii) Ibn Abî Hâtim in the introduction of al-Jarh. wa al-Ta`dîl (p. 22-23); Ibn Abî Zayd, al-Jâmi` fî al-Sunan (p. 118-119)

(ix) Narrated by al-Dhahabî in Tadhkirat al-Huffâz. (1:307) and Ibn Hajar in Tahdhîb al-Tahdhîb (10:450)

(x) 1. ‘Mujtahid Mutlaq’ – Such as Imam Abu Hanifah (or Imam Malik etc) – the highest level and it is he who set up the Hanafi madhab (system of knowledge about religion). They articulate and prove first principles and base them on sound reasoning – so they elucidate the epistemology of that madhab. They should not follow any other scholars of their own or lower level and are not even allowed to do so since they are able to reason from said first principles. The requirement of intellect, memory and independent verification and peer review to reach this level is almost preposterously exacting by any system of knowledge; for example, knowing everything by heart which can include pieces of evidence ranging into the hundreds of thousands or even millions verbatim. Such people are thus exceedingly rare and none will be found to meet the required standard today (though many will claim it).

2. Mujtahid Muqayyad – such as Abu Yusuf, Imam Muhammad (Salafi brothers may disagree with me but this is due to their own antagonisms and novel methodology). Theoretically they shouldn’t leave the madhab and they can only use the already established principles of the madhab to issue fatwa (rulings) about non – existing masail (new problems that need answers, like for example nowadays, the permissibility of organ transplantation). But in practice we do see them leaving the madhab from time to time.

3. As’haab Tarjeeh – examples would be individuals such as Qadikhan, Sarakhsi. It’s those who can chose the stronger opinion if there is more than one opinion availible within the madhab, by weighing the evidence for each position and choosing. But if there is only one opinion they are not qualified to leave that opinion. As well as if there is more than one then they are not qualified to take some opinion from outside of the madhab.

4. Rawil-Madhab – it’s those who are trusted to narrate the mu’tamad (official) position of the Madhab.

(xi) Jonathan A C Brown, ‘Criticism of the proto hadith Canon’, Oxford Centre for Islamic Studies, Journal of Islamic Studies, 15:1 (2004) Page 20, though Imam Muslim makes the same point in his introduction to Sahih Muslim.

(xii) Al-Muqiza (p. 80)

(xiv) Fatah ul Bari Sharah Sahih Bukhari, Volume 8 page 190

(xv) Imam Adh-Dhahabi, ‘Mizan al-I’tidal’ and ‘Tadhkirat al-Huffaz’

(xvi) Imam Adh-Dhahabi, Mizan al-I’tidal; al-‘Asqalani, Tahzib at-Tahzib, Biography of Zakariyya ibn Yahya ath-Thani

(xvii) Al Mutasaar of Imam

1) The Sunnah of the Prophet by Muhammad Al Ghazzali
2) The Canonisation of Bukhari and Muslim by Jonathan A C Brown
3) Towards Understanding Taqleed Darul Uloom Deoband (Volume I&II)
4) Losing My Religion by Jeffrey Lang
5) Albani and His Friends by GF Haddad

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