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THE s*-$BKL-*

MINARET

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IN THIS ISSUE

LFrom The Editor's Desk 3

2. Call From The Minaret 5

3.AI-Ghazali 10

4. The beauty of Spirituality 16

5. Khawaja Uwais-al-Qarni 17

6. The Inclusion of Organ Donation in
One's 24

8. ~->^<3i?L-trb^fc- 32

"The MINARET' may not necessarily agree with the opinions of the writers

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FROM THE EDITOR'S DESK .

Amid the daily gloom of the continuing
plight of terrorism the news spectrums
are awash with extremism across the
country. A feeling of uncertainty is gripping
the nation, worsened by a fear of unknown.
Most people are wondering as to what is
in store for Pakistan. Riots, blasts,
explosions and batton weilding security
personnels have come to represent the
face of the faith. Fanatics are threatening
law abiding citizens, kidnapping
government servants and civilians to
settle various scores. The rulers have no
defence against those militants and cannot
protect the citizens anywhere in the
country. Ordinary people are at risk at all
times with no protection. It is not just the
militants but also the ordinary criminals
against which the government appears
helpless. Some are of the view that the
law enforcing agencies are reduced to
humiliation of appeasing criminals,
performing service and allegedly making
deals with them. Deals with criminals and
sycophants have allegedly become the
order of the day.

We are all in a difficult impasse and
fighting for an unknown future. Every
compassionate Pakistani must be feeling
hurt and turning within when extremism
and Islam, terrorism and Pakistan are
used side by side. Critics of Islam leave
no opportunity to raise alarm by labelling
the faith as an "evil religion" and claiming
that Islam promotes violence.

The global image of the Muslims has
been tarnished by a false perception that
they support terrorism. We are now at the

MINARET I

cross-roads of our history as an Ummah.
Never in the history of Islam, Muslims
have faced such odds. It is easy to blame
the West for the slanderous and
misleading campaigns or distorting the
image of Islam. But before blaming others
we must share some of it as we are ourself
equally responsible for the present
predicament by providing support to the
extremist group. Muslim militants are
sowing seeds of poison and hatred
between the Muslims and the rest of the
humanity by committing agregious acts
of violence in the name of Islam.

To avoid a meltdown a change in the
political culture needs to occur. Extremism
has to be taken out and replaced with
tolerance. The government can not do
this alone. The clergy, the academics, the
literati and the media have to bring this
about from the grass-root up.

The extremist elements with ignorance
and negligence of government and with
their explicit blessing have been promoting
their narrow interpretation of the Holy
Book and Sharia and spreading their
radical beliefs in the country. Religious
extremism has become a major threat to
the continuation of civilized life in Pakistan,
often putting strain even on foreign
relations. Abuse of the right to the religious
freedom is rampant as evisoned by the
rise in religiously motivated crimes against
minorities. The extremist element, joining
hands with Tali bans, have let loose a reign
of terror, specially in the western border
areas of Pakistan. Fanning out with their
brand of insurgency they are posing even

July 2010

a serious threat to the country's territorial
integrity.

Extremism, both religious and political
has become a menace and every
enlightened citizen of the country need to
make a determined effort to fight this
menace. They need to create an
awareness about the true spirit and
teachings of Islam. Islam does not allow
one's belief to be forced on others and
strictly forbids the murder and killing of
another human being. Individuals can
voice their views and contribute to
collective wisdom but have no right to
enforce their Sharia in any country. Every
Islamic state has its own institutions and
systems and nobody else has the right to
impose their individual perceptions and
interpret Islam with their limited vision.
Islam, as a religion, is a code of life, a
way of life to be understood and practiced
by each individual member of society and
establishes relationship between man and
God.

Man owes account to none other for
his faith but to God. All mandatory ibadat
lead to spiritual growth. These are not to
be enforced coercively but through love.
All prophets spread the message of Allah
through preaching and never imposed
religion by force. Holy Prophet,
Muhammad (#), too spent all his life in
Makkah and Madina towards preaching
the spiritual values of Islam.

Unfortunately Islam is the most
misunderstood religion in the world and

it is the need of time to present the true
face of Islam which is not only a religion
of rituals but a complete code of life. Truely
speaking, Islam was a clarion call for
action, change and compassion, for the
creation of a just society. It preached
equality which was quite shocking to the
non-Muslims world at the time. The
Crusaders were struck with amazement
when they saw Muslim treating even
menials with respect and compassion.

Pakistan, our country, was the result
of a genuine desire of the Muslims of the
sub-continent to have their homeland
where their religion, identity and culture
remain protected. It was not made of
bullets and guns. It has a glorious
civilisation to be cherished by the people
of the country. But if things are allowed to
be carried out in a chaotic manner as they
are now, it will not be very long before this
homeland of 156 million Muslims is
destroyed piece by piece by a bunch of
misguided people. Its progress is already
being threatened by extremist elements
that may force the country to revert to
backwardness.

Pakistan is an Islamic country and it
is the government's responsibility to
enforce the fundamental principles of
declared objectives of the state, such as
peace tranquility, religious harmony. Over
and above this nobody should be allowed
to make his own laws and authority and
compel others to abide by their law and
authority.... FAR ID

MINARET

July 2010

CALL FROM THE MINARET

HIS EMINENCE MAULANA

MUHAMMAD ABDUL ALEEM SIDDIQUI

AL-QADRI

THE CODIFICATION
OF ISLAMIC LAW

IJUHAD AND MUJTAHID

The island of Trinidad enjoys British
administration and is governed by British
Law. Those who wish to enter any such
Government service here which concerns
itself with the administration of law are
bound to qualify themselves in the
knowledge of the British Law. For instance,
even he who is desirous of holding the
job of a Police Sergeant must study the
sections of Criminal Law before he can
be hired for the job. Thus every Police
Sergeant in the colony can claim to
possess the knowledge of Law. But, can
you ever conceive, that because of that
knowledge of Law which a Police Sergeant
might possess, the Government can ever
consider him eligible for the post of the
Judge of the Supreme Court or that of the
Attorney-General. If a Sergeant could
equal a Barrister-at-Law or an LL.D., the
Lincoln's Inn and the Faculties of Law at
the great Universities would not exist.

No one can be given the right of
interpreting the man-made laws, which
continue to change and to be amended
from day-to-day, unless he is a fully
qualified Barrister-at-Law, nay, unless he
has mastered the higher History of Law,
Social Psychology and Sociology, etc.,
and can stand up in the true sense a
Doctor of Law. But, what a pity, that people
can afford to believe that the work of

Ijtihad, i.e., of interpreting the revealed
Law of God and of deducing new laws
from it, can be done by X,Y,Z. Such a
monstrous suggestion simply staggers
the imagination and it can possibly come
only from those who have but a scant
regard for God and His Law!

The word Ijtihad has been derived
from the root JAHAD, and literally means
striving with full exertion. In Islamic
legal terminology, it denotes the endeavour
of choosing, in the light of the Qur'an and
the Sunnah, between two or more differing
legal interpretations and of deducing from
the Qur'an and the Sunnah, any new
rulings for meeting new legal situations.
One who performs Ijtihad is called
Mujtahid.

The learned men of Islam have laid
down certain qualifications in the light of
the Qur'an and the Sunnah, which a
person must possess for acting and for
being accepted as a Mujtahid. Allama
Shah Waliullah of Delhi (on whom be
God's Mercy!) has mentioned those
qualifications in detail in his celebrated
book : Hujjatullahil-Baligha. I may
summarise them here in their minimum
form especially for the benefit of those
simple-minded brothers and sisters of
mine who have been misled into the beleif

MINARET

July 2010

that they can act as Mujtahids in their
independent capacities. Let those whom
the promptings of personal fancies lead
them into posing as Mujtahids without
right, and who condemn the great services
rendered by the Imams simply because
their hearts are gripped by un-lslamic
things and they cannot bear the Islamic
discipline systematised and codified by
the latter; pause for a while in an attitude
of just consideration and think. The
following are the minimum reasonable
qualifications, on the Islamic side, which
a Mujtahid should possess :-

(1) He should be an expert in Arabic
language, literature and philology, so that
he may be able to decide properly
between the different connotations of the
same word.

(2) He should be a high-class scholar
of the Qur'an, and his study of it should
be so extensive and intensive that
whenever he has to consider a given
problem, he should be capable of keeping
before his mind's eye the whole sweep of
Quranic thought and all the relevant
verses.

(3) He should have the Traditions of
the Holy Prophet (#) in his memory, so
that whenever he has to focus his mind
on any problem, he may have all the
connected Traditions, even those
connected indirectly, before him clearly
and vividly, to guide his thought process
rightly and comprehensively.

(4) He should further be an expert of
the sciences of historical criticism
(Riwayat) and logical criticism (Dirayat),
so that he may able to view the worth and
connotations of various Traditions under
study at the time, in their proper

MINARET (

perspective.

(5) Above all, he should possess piety
and true Islamic character and his heart
should be imbued with what te Qur'an
calls fear of God.

Now, my friends ! if there is a person
who claims to be a Mujtahid, but who does
not possess even one-tenth of these
qualifications, what else can you say about
him but that he is groping in the dark and
what else can be the result of his stumbling
but misguidance.

Allama Shah Waliullah of Delhi, the
celebrated philosopher, theologian, legist,
traditionist and commentator, before
whose learning and peity bowed the Arab
and non-Arab Ulema, found all the
qualities of a Mujtahid in his person. Yet
his sense of responsibility and fear of God
withheld him from declaring his Imamat
and Ijtihad and in all humility, he continued
to regard himself as a follower (Muqallid)
of Imam Abu Hanifa's shool of Law and
continued to stress before the Muslims of
India that they should stick to the Hanafi
school, which had guided the Muslim
governments for centuries and had been
developed into a perfect system.

Qalaadah and Taqleed are two related
Arabic words. The word Qalaadah means
a rope or a chain which is bound to
the neck of someone to make him
follow behind. Taqleed connotes the act
of following. As a religious term, it has
reference to the fact that the servants of
God, who are linked together by
obedience to God, receive the
Commandments of God through such
a chain.

That is, when someone says that he

July 2010

is the Muqallid of Imam-e-Azam, it means
that the chain through which he is receiving
the Commands of God is that which
passes through Imam-e-Azam to the Holy
Prophet Muhammad (#). It never means
that he is following the commands of Abu
Hanifa. Nay, the Command is that given
by God, the manner of grasp is that taught
by the Holy Prophet (#), the interpretation
is that given by the Companions, the
arrangement is that fixed by the Hanafi
school. The work of the Aalim and the
Mufti is to follow this chain, to acquire his
knowledge of the Islamic Law in conformity
with it and to guide the people in their
legal affairs.

Suppose, today, someone enquires
from me concerning some point of Islamic
law. What shall I do? I have no right to
give him some commandment on my own
behalf or tell him something in the light of
my own common sense. My function is
merely to deliver the law which God has
given and to guide the people on the basis
of that revealed Guidance. This function
is also based on certain authority and
certain qualifications. For instance:

(1) If I am questioned about any
problem relating to the Quranic text, I can
answer authoritatively, because I possess
a continuous authority reaching up to the
Holy Prophet Muhammad (#).

(2) If I am questioned about any
problem relating to the Quranic exegesis
or the sciences relating to the Hadith
literature, I can answer authoritatively,
because I possess a continuous link of
authority reaching up to the Holy Prophet

(3) Similarly, if I am questioned about
any problems relating to Islamic Law, in

accordance with the Hanafi or Maliki or
Shafei or Hanbali schools, I can answer
authoritatively, because I possess
continuous chains of authority passing
through the four Imams and reaching up
to the Holy Prophet (*).

I am here before you. My mode of life
and my character is before you. The
evidence of history about the authoritative
learning and piety of my teachers is before
you. The commands which I am delivering
to you today and the teaching which I am
explaining to you is not, in reality, from
me. It is the command and the teaching
sent to humanity by God through the Holy
Prophet Muhammad (#). In the field of
Law, I know that every section of law
which is found in Hedaya, or Fath-ul-
Qadeer, or Durr-e-Mukhtar, or Shami, or
any other similar book has been inserted
there after utmost investigation and I am
ready at all times to prove it.

After all, what these books of Islamic
law (Fiqh) are? They are the hand-books
detailing the Law which the Holy Prophet
(#) brought to humanity. They are the
compendiums where each and every one
of us can find a ready-made and clear-
cut reply to his legal problem.

Even though it may prolong the
discussion let me reiterate the argument
I have been expounding so far. Let me
state that:-

(1 ) The Holy Qur'an is the basic book,
the ground work of Islamic Law. The
explanation and exposition of its teachings,
in the light of the Holy Prophet's (*)
Traditions, is called llm-ul-Tafsir (or, the
Science of Commentary). There exist
numerous books on that subject, among
which the better known classics are : Tafsir

July 2010

Tabari, Tafsir Baidawi, Tafsir Kashshaf
and Tafsir Ma'alim-ut-Tanzeel.

(2) The explanation and detailed
exposition of the Quranic teachings by
the Holy Prophet (#), in his Sayings and
Actions, forms the second basic source
of Islamic knowledge. Now that science
which deals with the collection of those
Sayings and Actions of the Holy Prophet
(#) is called the Science of Hadith. There
are numerous books on that subject, the
most well-known classical works being :
The Sahih-al-Bukhari, Muslim, Abu Daud,
Tirmizi, Ibn Majah, Muatta of Imam Malik,
Musnad of Imam Azam, Musnad of Imam
Ahmad, etc., etc. There are several
compendiums where the Traditions have
been arranged alphabetically, e.g. Kanz-
ul-Ummal and Bihar-ul-Anwar. There are
some compilations arranged in a third
way, e.g., Ma'ani-ul-Athar.

(3) The science which deals with the
biographies of the reporters of Traditions
for the assessment of their worth, is known
as the Science of Asma-ur-Rijal, and there
are many classical books relating to it.

(4) The science which deals with the
gradation of Traditions is known as the
science of Usool-e-Hadith.

(5) The science which deals with the
Principles of Qur'an and the Hadith is
known as the Usool-e-Fiqh, and there are
several classical works and numerous
explanatory books on that subject.

(6) When the laws are framed and
deduced from the Qur'an and the Hadith
according to the rules of Usool-e-Fiqh,
and they are arranged and systematised
in the form of a Law-code, the science is
called llm-ul-Fiqh. There are a number of

MINARET i

classics and numerous hand-books on
that subject.

(6) When the laws are framed and
deduced from the Qur'an and the Hadith
according to the rules of Usool-e-Fiqh,
and they are arranged and systematised
in the form of a Law-code, the science is
called llm-ul-Fiqh. There are a number of
classics and numerous hand-books on
that subject.

In mentioning this classification of
Islamic sciences, my purpose is to give
just an idea to my simple-minded brothers
and sisters who are being thrown into
confusion concerning the Islamic legal
schools by certain unconscientious people,
who wish to establish their own hegemony
and leadership and hence they propagate
all sorts of confusion. Some of them have
their ulterior sectarian ends to gain. Most
of them are ignorant of Islamic sciences
and the safest way they can adopt for
their leadership is that of the denial of the
validity or the necessity of those sciences.
Many of them are so unconscientious that
they impute absolutely false motives to
the Imams, to call them as gods besides
Allah, and to criminally impute Shirk
(polytheism) to the overwhelming majority
of the Islamic world which accepts the
guidance of the Imams in the matter of
understanding the Islamic Law. Even a
blind man can see how far they are right.
Even the least intelligent person can grasp
the element of blasphemy in their stand.
Even the ordinary Muslim can understand
that:

(1) When the Commentator of the
Qur'an ponders over the verses of that
Sacred Book, in accordance with the
principles of language and grammar and
in the light of the Traditions of the Holy

July 2010

Prophet (#), he is doing nothing else than
obeying the following command of the
Qur'an itself:

"Do they not then earnestly seek to
understand the Qur'an". (XLVII : 24).

(2) The scholar of Hadis (Muhaddis),
when he applied himself to the
understanding of the Holy Prophet's (#)
Sayings and Actions, does so only in
obedience to the Quranic teachings:

"He who obeys the Apostle, obeys
God." (IV : 80).

(3) The scholar of Asma-ur-Rijal, when
he carried out the work of examining the
veracity of the reporters of the Traditions,
does so in conformity with the Quranic
principle of not accepting any report
without exhaustive investigation.

"O ye who believe ! if an evil-liver
bring you tidings verify it. . . . (XLIX : 6)

(4) The scholar who applies the
science of Usool-e-Hadith for grading the
Traditions which are extant and for fixing
up the categories of Fard, Sunnat,
Mustahab, Permissible, non-Permissible,
partially-Permissible, etc., in the domain
of practical injunctions, is only elaborating
on the Quranic command:

"And whatsoever the Apostle giveth
you, take it. And whatsoever he forbiddeth,
abstain (from it)". (LIX : 7).

(5) The scholar of Usool-e-Fiqh fixes
up the Principles of Islamic Law to
elaborate the practical teachings of Islam
for the faithful, in obedience to the
following Quranic injunction:

"If a party from every group remained

MINARET !

behind, (they could devote themselves to
the task of) gaining sound knowledge in
religion". (IX: 122).

(6) The Imams of Fiqh, when they
systematise the legal injuctions of Islam,
in the light of the Usool-e-Fiqh, do so
merely to carry out the Quranic injunction,
which forms the remaining part of the
verse just quoted, namely:

"and they may warn their folk when
they return to them, so that they may
beware". (IX: 122).

Those Imams only further the mission
of the Holy Prophet (h) referred to in the
following verse:

"O Messenger! Make known that
which hath been revealed unto thee from
thy Lord". (V : 67)".

When they teach Islamic guidance to
the people, they do so in obedience to
the Holy Prophet's (#) command:

Lo! Verily, let him who is present
deliver the Message to him who is
absent.

When the Imams systematise the
Islamic laws to save men from falling into
errors and to make the path of their
understanding smooth, they only act in
accordance with the following Quranic
command:

"Call unto the way of thy Lord with
wisdom and fair exhortation, and reason
with them in the better way. Lo! thy Lord
is Best Aware of him who strayeth from
his way, and He is Best Aware of those
who go aright". (XVI : 125).

) July 2010

Al-Ghazzali

ABDUS SUBHAN

That noble son of Iran — Hujjat-ul-lslam
Imam Abu Hamid Muhammad Al-Ghazzali
— known to the western world as
Algazal — is the greatest theologian of
Islam and its most original thinker. An
author of no less than 69 works of
importance on theology, mysticism,
orthodoxy and dogmatism in Islam, he
helped give root to Islamic culture in the
territories that fell under Muslim power.

His contribution to Islamic thought
helped, on the one hand, to defend Islam
from the inroads of irrelevant free thinking
indulged in by the philosophers of
Averroes' school and, on the other, to
rescue it from intellectual stagnation to
which it had been consigned by the fanatic
dogmatism of the conservative priesthood
of the age. And he succeeded in his duel
mission only too well.

Al-Ghazzali was born at Tabran, a
suburb of Tus, in the year 1 058. His father
was a spinner by profession (Arabic :
Ghazzal) and from that association he
assumed the surname Al-Ghazzali. It may
be remembered that in the heyday of
Islam the dignity of labour was so
respected that scholars, divines and
leading Imams took pride in adopting one
profession or another for a living.

For instance, the great Imam Abu
Hanifa was a cloth-merchant and Allama
Qaffal Mervazi was a locksmith. After the
day's labour these philanthropic
enthusiasts presided over their study
circles and imparted knowledge to all and

MINARET

sundry without remuneration.

AL - GHAZZALI had his earliest
education in his native town at the feet of
a noted teacher, Ahmad bin Mohammad
Razkani. But the urge for knowledge soon
took him to Jurpan, where he joined the
study circle of the famous Imam Abu Nasr
Ismaili. Here he devoted himself to his
studies, taking extensive notes from the
lectures of the Imam for future reference.

Sometime later, on his way back to
his native town of Tus, he was waylaid by
robbers, who despoiled him of everything
he had, including the precious notes. He
beseeched the chief of the robbers to
return that collection of papers, which he
priced above everthing in the world. The
robber chief laughed him to scorn and
returned the papers with the remark that
if a bundle of perishable papers was the
sole repository of his knowledge then, in
truth, he had learnt nothing.

Stung to the quick by the remarks Al-
Ghazzali devoted full three years to
assimilating every details of his studies
and to further broadening his cultural
horizons. Later, he went to Nishapur, then
an important seat of learning and a famous
cultural centre. Here luck placed him at
the feet of the greatest scholar of the day,
Imam Zia-ud-Din Abdul Malik Juwaini,
known through-out the Islamic world as
Imam-ul-Haramain (Leader of the Two
Sanctuaries) for the recognition he
commanded at Makkah and Madina as a
great religious leader and an authority on

July 2010

Muslim theology and jurisprudence.

This astute master did not take long
to notice the worth and talents of the
student. He assigned him a place of
honour as his "Muayyid" or Assistant
Lecturer. Al-Ghazzali remained with the
saintly Imam till the latter's death in 1089.
The death of Imam-ul-Haramain left him
without a rival in learning and his fame
spread far and wide. He soon attracted
notice of the great Saljukian Vizier Nizam-
ul-Mulk, who took him in his service and
placed him at the head of the famous
Nizamia Academy of Baghdad. Here he
taught for six years and won great renown.

The period in which Al-Ghazzali
flourished was a great epoch in Islamic
history. The Saljukian Empire was then
at its zenith, its boundaries stretching from
Kashghar and the confines of China in
the East to Hellespont and the
Mediterranean in the West. Under the
enlightened rule of Malik Shah and his
illustrious Vizier. Nizam-ul-Mulk, it attained
the heights of prosperity and grandeur
hardly reached during the best periods of
Arab history.

Commerce and industry, arts and
sciences, language and literature and, in
fact, everything which made for civilisation
and culture received impetus from the
fostering care and patronage of the
Government. The centre of all these
cultural activities was Nizam-ul-Mulk, the
Vizier, himself and author and a great
patron of theologians, scholars and men
of learning. He spread a network of
schools, colleges and other institutions of
learning. According to the author of
"Rauzatain Akhbar-ud-Daulatain" there

was not a city in the Empire where an
institute was not set up.

But to the restless mind of Al-Ghazzali
this grand empire with a grandiose system
of education was but a plethora of the
body politic if it was not firmly founded on
Islamic ideology and ethics. Al - Ghazzali,
therefore, felt bound to give full attention
to the complete re-orientation of education.

It was not an easy task that he had
set himself. The world of Islamic thought
was a cockpit of rival sects. To Al-Ghazzali
the panacea of these ills of conflicting
notions and subjective loose thinking lay
in a return to orthodoxy and the application
of reason to dogmas on a dialectical basis.
Some spade work in this direction had
been done by Abdul Hasan AN Al-Ash'ari,
who, in the beginning of the 10th century,
had espoused the cause of orthodoxy and
undertaken to transform it dialectically
with a view to providing it with a scientific
foundation.

This work was carried forward and
perfected by Al-Ghazzali, who made a
return to the Qur'an and the Sunnah as
the foundations of his theology and ethical
system. It was on these that he proposed
to build the whole superstructure of
education within the Saljukian dominions.

He was diverted from the task by the
death of Nizam-ul-Mulk at the hands of a
Batinite fanatic. His revulsion against Batini
methods made him write a number of
polemics against their Ismaili doctrine and
thus enter the confines of controversial
thought. Intellectual integrity, however,
asserted itself. Having thus discovererd
himself a prey to feeling and unconsoled

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July 2010

in his mental attitude by his further studies,
he drifted into doubt and scepticism.

Dissatisfied with traditional authority,
he turned to all doctrinal systems, but
found satisfaction in none. In mental
despair he studies in turn rationalism,
esotericism, Batini philosophy, dialectical
theology and even atheism, Zindiqism
and all manners of belief and disbelief,
but found solace in none. Adrift in the seas
of thought, Al-Ghazzali, who had earned
notoriety for pride and impatience against
men of lower intellectual calibre along with
this reputation for learning, wandered
humble and intolerant of his own
limitations.

THEN, inexplicably, he discovered
satisfaction in mysticism. It had been a
wearying strife lasting over 12 years. He
had relinquished his post at Baghdad and
had adopted the free life of a homeless
wanderer. He visited all important centres
of learning, both secular and divine,
including those at Damascus, Jerusalem,
Hebron and Alexandria. At Damascus he
delivered some lectures to scholars in the
great cathedral mosque. The cloister,
which he occupied in this mosque during
his sojourn in Damascus, is still called
"Zavia of Imam Ghazzali."

After a pligrimage to Makkah and a
visit to the holy shrine at Madina he
thought of putting an end to his wanderings
by returning to peaceful life at home. On
his way back he visited the tomb of
Abraham al-Khalil and made a triple vow
never to pay a visit to a royal court; never
to accept any money from kings by way
of gift or remuneration; and lastly never
to indulge in a Munazira or religious

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disputation with anyone; and he kept these
vows, except for one occasion on which
he was forced by royal command, to the
very last.

In the year 499 A. H. (1106 A.D.) he
returned to Nishapur and was placed at
the head of the Maimunieh-Nizamia
College of that city by the Grand Vizier
Fakhr-ul-Mulk, the son of his old patron,
Nizam-ul-Mulk. This work he relinquished
the very next year following the
assasination of Fakhr-ul-Mulk by another
Batini fanatic.

He returned to his home town in 1 1 07,
and founded there a school and a
monastery (Khanqah). But his desire to
live with his learning was not to bear ful-
filment. A party of jealous religious divines
presented a complaint against him to
Sultan Sanjar bin Malik Shah to the effect
that Al-Ghazzali had in his writings used
disrespectful language against Imam Abu
Hanifa. Al-Ghazzali was accordingly
summoned to the Royal Court to answer
the charges.

He was loath to attend the court
because of the vows he had taken at the
tomb of Abraham, but he had to yield to
the royal decree. He proceeded to the
court and defended himself so well that
he was not only exonerated but it was
ordered that the religious divines of the
realm should visit him at least once a year
to benefit by his erudition.

Al-Ghazzali passed away in peace at
his native place in 1111 A.D. He had
continued writing and his mind was active
to the very last.

2 July 2010

THE ten rules of life's conduct laid
down by Al-Ghazzali throw a light on his
way of thinking. These rules briefly
summarised are:

1. Insistence on the appraisal of
conduct from intentions — "Good in so far
as it concludes what it sets out to do, and
leaves the rest to God..."

2. Unity of purpose — "Let him who
would serve the Lord aviod things of this
world and rest his hopes and aspirations
in God."

3. Conforming to truth at all costs.

4. Return to the Qur'an and the
Sunnah and urging orthodoxy on Muslims.

5. Procrastination must be avoided
and replaced by steadfast zeal and
determination.

6. Ajz or duty to acknowledge
inability to do anything without the help of
God.

7. Salvation by Faith — "One should
not feel secure" he says, "in the superiority
of well-doing but should rest one's hope
in God." It is the rule that lays down that
the mind must have true fear and hope".

8. Adoption of a life of devotion and
prayer.

9. Muraqabah or continual
observation and watchfulness — "One who
persists in watching and observing his
own heart for God will find God and his
grace."

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10. Consecration to a knowledge
where one would see God. Living should
be inward diligence and outward
preservance in doing good work.

It was Al-Ghazzali who brilliantly co-
ordinated and reconciled orthodoxy with
mysticism in Islam and, thus set at rest
an endless controversy. He assigns a
place of honour to Sufis in Islam as people
of insight and vision, but at the same time
contends that the revelations of saints
supplement (and not supplant) the
revelations of prophets which are the
source and basis of all real knowledge.

Thus he subordinated sainthood to
prophet-hood and upheld the supreme
authority of the Prophet Muhammad (#)
whose law he wrote, must be obeyed in
letter and spirit.

Another service rendered to Islamic
thought was the check Al-Ghazzali was
able to impose on irrelevant free thinking
on the part of Muslim philosophers who
under inspiration from Greek philosophy
dabbled in problems theological and
applied the yardstick of Aristotelian
analysis to matters spiritual.

He argued order out of the chaos and
helped save the Muslim mind from the
enervating influence of verbiage sorted
into so-called rationality. To that end he
wrote such books as "Taha-fut-ul-Filasfa"
(Destructio Philosophorum) and "Maqasid-
ul-Filasfa" (Aims of Philosophers), tearing
the arguments of the philosophers into a
thousand shreds.

Cudgels were taken up on behalf of
philosophers by no less a personality than

3 July 2010

Ibn Rushd (Averroes) who wrote a
rejoinder under the title "Tahafat-ul-
Tahafut" (Destructio Destructionis), but he
did not succeed so well. Thereafter
Orthodoxy emerged triumphant and
philosophers were never able to retrieve
their position.

Among the Muslim philosophers
whose ideas were incorporated in the
body of Christian thought Al-Ghazzali
holds a very high position. His
philosophical works were translated by
Avendeath in collaboration with
Archdeacon Gunlissalvi and had wide
circulation in Europe. His theology
profoundly influenced the works of the
great Christian theologian. St. Thomas
Aquinas.

His treatise on the place of reason as
applied to revelation and other theological
problems has, in the main, been followed
by St. Thomas in his "Summa Theologica."
Some of the most important questions on
which the saint seems to agree with the
Imam are:

1 . The value of reason in explaning
the truth about things divine.

2. The idea of contingency and
necessity as demonstrating the existence
of God.

3. The unity of God implied in His
perfection.

4. Resurrection of the dead.

5. Belief in miracles as a testimony
to the truth of peoples' utterances.

6. Mushahidah or the possibility of
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a beautific vision.

Another Christian thinker of great
eminence who came under the influence
of Al-Ghazzali's writings was Raymond
Martin. He made good use of the
arguments advanced by Al-Ghazzali
against the philosophers and scholastics
in Islam in his "Destruction Philosophorum"
and incorporated the lot of them in his
work entitled "Pugio Fidei."

Henceforth Al-Ghazzali's views on
resurrection of the dead, creatio ex-nihilo
and other questions of theological
importance gained wide currency among
Christians and were freely used by them
in many a scholastic treatise.

AL-GHAZZALI was a prolific writer and
as already stated his genius found
expression in 69 works of great merit. Out
of these the following are some of the
more important:

1 . "Al-Munqiz minad-Dalal" (Deliverer
from Darkness), described the changes
in his philosophy. It was edited by
Schmolders and published with his "Essai
sur les ecoles philosophiques chez les
Arabes" (Paris 1842). It was translated
into French by Meynard in 1 877. An edition
of it was also issued in Germany with a
German translation by H. Malter (Frankfort,
1 896). An English translation of this work
was issued by Claude Field under the title
"The Confessions of Al-Ghazzali" (London,
1909).

2. "Mizan-ul-Amal": A compendium
on Ethics. It had a profound influence on
mediaeval Judaism. It was translated into
Hebrew and clothed into Jewish garb by
substituting biblical and Tulmudic
quotations for Quranic and Hadis citations.

4 July 2010

(Edited by J. Goldenthal and published in
Paris in 1839).

3. "Kimiya-i-Sa'adat" was a treatise
on Ethics. Several editions of this work
were published in Europe.

4. "Maqasid-ul-Filasfa" (Aims of
Philosophers) — A Latin translation of it
was made by Gundissalvi and published
at Venice in 1506. It profoundly influenced
Christian religious thought and Jewish
thinking. The Jewish Philosopher, Musa
bin Maimum (Mommonides) drew his peri-
patetic theories mainly from this work of
Al-Ghazzali.

5. The "Ihya Ulum al-Din" (Revival of
the Sciences of Religion) is Ghazzali's
masterpiece. According to Ibn-ul-Asir, It
was written during his wandering and was
read by thousands of people during Al-
Ghazzali's sojourn at Damascus. The
verdict of Imam Nawawi, the commentator
of Sahih Muslim, is that this book is second

only to the Qur'an and approaches very
nearly to it; while Shaikh Abu Ahmed
Zarkani claimed that if records of all
sciences were to disappear from the Earth,
he would still revive and reconstruct them
by means of the "Ihya." It was written in
40 books by the author and was published
in Cairo in four volumes in 1889.

Standing high in philosophical works
of merit are two other works,the "Ad-Durra-
ul-Fakhirah": a treatise on Eschatology,
and "Tahafat-ul-Filasfa" (Destructio
Philsophorum).

The constructive work done by Al-
Ghazzali in some of these works ("Ihya-
ul-Ulum" in particular) has earned for him
the title of Mujaddid or reformer of his
century and it is believed in certain
quarters that he amply fulfils the provisions
of a saying of the Prophet to the effect
that God sends a Mujaddid at the
beginning of each century to revive religion
and rescue it from stagnation.

U nique Repute

Al-Hasan-Al-Basri was stated to have known personally 70 of the
Prophet's companions who took part in the battle of Badr. When
he died the whole of Basra turned out in a body to follow his funeral
on Friday, and there was none to attend or conduct the Friday prayer
in the mosques of Basra that day — "an unprecedented happening
in the history of Islam".

July 2010

The Beauty of Spirituality

Dr. Waffie Muhammad

When Adam and Eve, (may Allah be
pleased with them), committed their
mistake in Paradise, Allah (swt) closed off
the passage back to the Garden from that
day. This meant that no evil can go beyond
the lower levels of the first sky. Then where
are the deeds of man recorded?

Suppose all of our deeds are recorded in
the skies and a couple of those deeds are
evil in nature, will they also go up? No evil
cannot go up, therefore the evil deeds of
man are not recorded in the skies and it
is kept separate from the good deeds.

There are two recording angels appointed
to record all the deeds of man and it is
possible to assume that one of them
records the good deeds and the other
records the evil deeds. The deeds of man
are therefore recorded in separate places.
Allah (swt) says in Surah Mutaffifin;

Surely the record of the wicked is

(preserved) in Sijjin.

And what will explain to thee what

Sijjin is?

(There is) a Register (fully) inscribed.

(Chapter 83, verse 7-9)

Evil goes down in a dungeon. The good
is recorded in the heights, which is
translated as heaven or the skies. If evil
is recorded in a dungeon it is therefore
possible to take out or remove them, and
the best way of achieving this is by the
performance good deeds as Allah (swt)
says in Surah Hud;

For those things, that are good remove

those that are evil:

(Chapter 11, verse 114)

If you want to experience spirituality, you

first have to purify yourself. If you are pure
spiritually you can ascend and go up, pass
the skies. Whenever you meditate you
will begin to feel yourself becoming light
and you will be able to ascend and you
will pass the skies and the lot tree and
you will continue ascending. Prophet
Muhammad (#) was pure and he is our
teacher and exemplar. He came with a
mission to invite us to Allah (swt). Allah
(swt) says of His beloved in Surah Ahzab;

O Prophet! Truly We have sent thee as a

Witness, a Bearer of Glad Tidings,

and Warner,-

And as one who invites to Allah's (grace)

by His leave, and as a lamp

spreading light
(Chapter 33, verse 45 - 46)

Spirituality is an experience which scientific
reason and logic cannot explain. In the
beginning you will get a good feeling, then
there will be signs, then you will have true
dreams and after you will be able to
ascend. When you ascend you will lose
consciousness of your body. There is a
verse in Surah Fatir which can help you
ascend when you reach this stage:

To Him mount up (all) Words of Purity:
(Chapter 35, verse 10)

Spirituality is indeed a beautiful thing,
and if you can achieve the green light,
insha Allah you will have access to Prophet
Muhammad (#). The Mashaaiks can have
actual communication with him. How can
you explain this logically? This is why you
must at all times be cautious and humble.
Spirituality is completely different and it
allows you to cultivate your personality
and gain closeness to Allah (swt).

July 2010

Khawaja U wais-e-Qarani (RDA)

ABDUS SUBHAN

How can I write about a man who was
praised by the Prophet (#) who said: the
ifragrance of the Divine comes from the
side of Yemen, where Uwais lived; and
on the Day of Resurrection, Divine will
create seventy thousand angels looking
like Uwais to bring Uwais to the celestial
sphere. They will bring him to Paradise
and no one would know which one is the
(real) Uwais, as Uwais prayed for God in
his solitude, far away and hidden from the
eyes of people, so shall he go to Paradise,
and no one will know him; only the ones
loved by Allah. God said, "My friends are
under My Dome where no stranger can
see them."

Uwais-ibn-Amir Moradi-al-Qarani (also
spelled Uways and Uwais) was born in
Yemen. The date of birth is not known.
He took the name of Qaran for one of two
reasons: after Qaran, a place or a
mountain near Yemen, where he was
born, or after Qaran, his group from the
Bani Amir Tribe.

Uwais was a devotee and a follower

of the Prophet Muhammad (#) and was

martyred at the battle of Saffein, a battle

between Amir-al-Momenin AN (RDA) and

Moavieh ibn Aby Sofiyan (RDA).

Uwais was a slim man of medium
height who had a white spot on the palm
of his hand, He ate very little, eating only
to break his fasts and giving the remainder
to the needy. He wore an old robe, which
he knitted himself, to keep warm. He was
a shepherd, and supported his elderly
mother, whom he cared for. (ref : Tazkerat-

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al-awlia by Sheikh Farid-uddin Attar;
Safinat-ul-Awlia; Majales-al-Momenin)

Uwaiys was a pious man and was
also been referred to as one of the Zuhad-
somanieh, the eight pious ones. He was
so well respected that the Prophet
Muhammad (#) asked that, after his
passing, his robe be given to Uwais.

Sheikh Farid Uddin Attar writes in his
Tazkerat-al-Awlia:

Data Ganj Bakhsh AN ibn Usman al-
Hujwiri, a Persian Sufi and author of the
famous book, Kashf-ul-Mahjub described
that:

Uwaiys is like the sun to Ummat, and
the candle of religion. Uwaiys Qarani is
one of the great teacher who lived during
the time of Prophet (#), but did not
physically see the Prophet (#) for two
reasons, First, he was in the state of Divine
ecstasy and rapture, and second, he was
caring for his aged mother. The Prophet
(#) said to his devotees, "There is a man
in Qaran whose name is Uwais. At the
day of Resurrection he shall intercede for
my people to as many as the number of
sheep of the Rabia and Muzzer tribes".
(These two tribes had the largest herd of
sheep during that time). Then the Prophet
(#) turned to Omar and AN and said," You
will see him and recognize him; he is a
firm, thin man, of medium height and there
is a white scar the size of a coin on the
palm of his hand but it is not leprosy.
When you see him, give him my greetings

7 July 2010

and ask him to pray for my Ummah, my
people".

Sheikh Najm-ed-din-Kubra known as
Tamat-ul-Kura, one of the great Uwaiysi
masters write:

If the generosity of the Generous is
close, the apparent distance does not
matter; and if the tenderness of the Tender
is far, what is the benefit of apparent
closeness? Uwaiys Qarani brought his
life to the fire of his heart, and the Master
of existence (referring to the Prophet) felt
this fragrance and said: I feel the fragrance
of God from the side of Yemen. People
are blind in the covers of darkness, and
in the limited world of you and I light cannot
be seen, unless, to the eyes of those for
whom by the will of the Lovers of God the
curtain of unawareness will be torn off
and hence, by this blessing whatever was
invisible shall be seen.

Shaykh Muhammad Sa'id al-Jamal
ar-Rifa'i, described in his book, The
Children Around the Table of Allah that:

In a Hadith Qudsi recorded by the
Companion Abu Hurayra, (RDA), the
Prophet Muhammad (#) said speaking
from his Lord:

"Allah, Exalted and Mighty is He, loves
of His creation the God-fearing, the pure
in the heart, those who are hidden, and
those who are innocent, whose face is
dusty, whose hair is unkempt, whose
stomach is empty, and who, if he asks
permission to enter to the rulers, is not
granted it, and if he were to ask for a
gentle lady in marriage, he would be
refused, and when he leaves the world it

does not miss him, and if he goes out, his
going out is not noticed, and if he falls
sick, he is not attended to, and if he dies,
he is not accompanied to his grave."

Companions asked the Holy Prophet
(#) "O Messenger of Allah, how can we
find someone like that?" He said," Uwais-
al-Qarani is such a one." They asked him,
"and who is Uwais-al-Qarani?" He
answered, "He is dark skinned, wide
shoulder, and of average height. His
complexion is close to the colour of earth.
His beard touches his chest. His eyes are
always looking downwards to the place
of prostration, and his right hand is on his
left hand. He weeps about himself with
such a flow of tears that his lips are
swollen. He wears a woolen garment and
is known to the people of the heavens. If
he makes a promise in the Name of Allah,
he keeps it. Under his left shoulder there
is a white spot. When the Day of
Resurrection comes and it is annouced
to the slaves, "Enter the Garden," it will
be said to Uwais, Stop and intercede.
'Allah Mighty and Exalted is He, will then
forgive them to the same number as are
the people of Rabi'a and Mudhar. (These
are the two tribes that Uwais (RDA)
belongs to). So, O Umar and O AN, if you
can find him, ask him to intercede for you.
Then Allah will forgive you."

Ten years passed by which they
inquired about him, but without being able
to find him. In the year 21 H/644CE, the
same year that Umar ibn al-Khattab
(RDA), the second Righteous Caliph after
the Prophet's death, Umar (RDA) went to
the mountains of Abu Qubays (Mountain
overlooking the Makkah) and called in his
loudest voice, "O people of the Yemen, is

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July 2010

there any one up there called Uwais?"

An old shaykh with a long beard stood
up and replied. "We do not know who this
Uwais is about whom you ask, but my
brother's son is called Uwais. But he is
too unimportant to be asked about, and
too poor and submissive that he should
not be raised up to your level. He is our
camel herder, and he has no standing
amongst our people." But Umar again
asked him if he knew Uwais. The man
answered, "Why do you ask about him,
O Commander of the Faithful, for by Allah
there is not one of us who is more foolish
and more needy than he."

Umar, (RDA), then wept and said to
him, "you are so, but not he. For I heard
the Messenger of Allah, say, "Those who
enter the Garden through Uwais, asking
for forgiveness for them, are the people
of the tribe of Rabi'a and Mudhar." Umar,
(RDA), asked him where he could find
him, and was told, "On the Mount of
Arafat."

Umar and AN (RDA) then went quickly
to Arafat where they found Uwais praying
under a tree with camels grazing around
him. They approached him and greeted
him, saying, "As-Salaamu Alaikum wa
Rahmat-ul-Allah wa Barakatuh Uwais cut
his prayer short, and when he had finished
it, returned their greeting. They asked him,
"Who are you?" He replied, "A herdsman
of camels and a hired workman for a tribe."
They said, "we do not ask you about your
tending of animals, nor about your being
a hired worker, but what is your name?"
He answered, "Abdullah. "They said, "All
the people of the heavens and the earth
are the slaves of Allah, but what is the
name in which your mother named you?"

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He said, "O you two, what do you want
from me?" They said, "The Messenger of
Allah once spoke to us about Uwais al-
Qarani. He gave us a description of the
bluish-black colour of his eyes, and he
too told us that he has a white mark under
his left shoulder. So please show us if you
have this mark, for then it is you for whom
we are searching."

Uwais then bared his left shoulder,
and they saw a white mark. They then
embraced him and kissed him and said,
"We declare that you are Uwais al-Qarani,
so ask for forgiveness for us and may
Allah forgive you."

He answered, "I cannot even forgive
myself, nor one of Adam's children. But
there are on land and in the seas believing
men and women, Muslim men and
women, whose invocations to Allah are
answered." They replied, "Surely this is
so." Then he said, "O you two, you know
about me and I know about my state, but
who are you?"

AN (RDA) answered, "This is the
commander of the Faithful (al-amir al-
muminin), Umar ibn al-Khattab, and I am
AN ibn Abu Talib."

Uwais stood up straight and said, "As-
salaamu alaikum ya amir al-muminin. And
you, O AN, may Allah repay you with
goodness for this community (Ummah)."
They said, "May Allah repay you for
yourself and your goodness."

Then Umar, (RDA) said to Uwais."
Your place is here until I return to Madina
and may Allah have mercy upon you.
Then I will bring you help from my

9 July 2010

provision and some of my clothes. This
has been the meeting place between you
and me."

But Uwais (RDA) answered him, "O
Commander of the Faithful, there will be
no other meeting place, in the knowledge
of Allah, between you and me but this
one. So tell me what should I do with your
provision and what should I do with your
clothes? Do you not see that I am wearing
a woolen gown and a woolen wrapper, so
when do you see me tearing them? Or
do you see that my sandals are worn out
and torn? When do you see me out
wearing them? Between your hand and
mine there is a higher barrier which cannot
be crossed by a weighty person. So leave
these things and Allah will have mercy
upon you."

When Umar (RDA) heard these
words, he struck the ground with his stick
and shouted out at the top of his voice,
"O would that Umar had not been born
by his mother, and that she had been
sterile".

Then Umar (RDA) returned to
Madinah, and Uwais (RDA) herded his
camels back to his tribe.

Not long after this, Uwais left his work
as a herdsman and went to Kufah where
he continued in his bonds-manship untill
Allah, glory be to Him took him back to
Himself.

When Umar ibn al-Khattab (RDA)
heard that Uwais wanted to go back to
Kufah, he said to him, "Where do you
want to go to?" Uwais said, "To Kufah."
Umar (RDA) then said, "Shall I write a
letter for you to its Governor? Uwais

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replied, "I would rather be with the people
who are near to my heart."

Haram ibn Hayyan (a taba-ee) said,"
A number of people had spoken to me
about Uwais al-Qarani, so hearing that
he was then living in Kufah, I went there
to find him, for I had no other desire except
to see him. I found him sitting by the shore
of the Tigris, and I recognized him by the
description that I had been given of him.
A thin man looked at me, and I stretched
out my hand to greet him, but he did not
returned my greeting. I felt discouraged
but I asked him, "Are you Uwais." His
clothes were poor, and he seemed to be
in a state of unwrapped isolation, for it
was this state of his which led the ignorant
people to say about him that he was mad
and deranged. But I knew that his ascetic
and surrendered state was that of the true
faqir, who does not listen to those who
say that such a state is contrary to the
Sunnah. Such people are ignorant of the
true Sunnah of the Messenger of Allah,
which is to leave the material world and
the business of creation, and to draw near
to one's Lord; to leave all bonds which
are other than to Allah, Exalted and Mighty
is He."

Haram ibn Hayyan continued his
accout of this meeting by saying," Then
I addressed him saying, "May Allah have
mercy upon you, O Uwais, and forgive
you. How are you? "Then my voice halted.
For I could not speak my heart which was
moved with deep gentleness towards him
when I saw his state and that he had
started weeping. I found myself also
weeping. "Then Uwais said to me, 'May
Allah greet you. How are you my brother,
ibn Hayyan, and who showed you the way

!0 July 2010

to me? "I answered him,' It was Allah."
"He said, There is no God but Allah, praise
be to our Lord. If it is the Wish of Allah, a
thing is done. So this is Allah's Wish." I
said, 'How did you know my name and
my father's name? For my name was
Haram ibn Hayyan.' Uwais said, The
Knower told me, for my soul knows your
soul when my self talks to your self.' For
the believers know each other in their love
for Allah, even if they never met; and when
they come to our resting place, they know
each other even if they come from
somewhere far distant. "I said, Tell me
about the Messenger of Allah, "Uwais
said, 'I have never seen the Messenger
of Allah face to face and I have never
been in his presence, but I would give my
life for him.

"A little while later he said to me, O
son of Hayyan your father has died and
soon you will die, going either to the
Garden or the Fire. My brother and friend
Umar ibn al-Khattab has died,' I said to
him, 'May Allah forgive you, but Umar has
not died." "Uwais said,' Yes and the people
have announced his death, and so has
Allah, Mighty and Exalted is He, and He
has announced my own death. For you
and I are both of the dead." "Then he
prayed upon the Prophet (#) and
murmered some short invocations. "Then
he said, This is what I leave you, the Book
of Allah and the Sunnah of the Prophet
(#) and you should always remember
death, and this should never ever leave
your heart for a moment. Haram ibn
Hayyan said, "I deeply wanted to walk
with him for an hour, but after that he did
not allow me anymore, so I left him and
I started to weep and he also wept.

MINARET :

Some said that when night come,
Uwais (RDA) would say, "This night is for
prostrating." Then he would prostrate until
morning. And also when night come he
would distribute the food in his house to
the poor and he would say, "O Lord, If
someone dies this night out of hunger,
excuse me, and if so someone dies naked,
excuse me."

Shaikh Abdullah Ad-Daghistani's
vision of Uwais al-Qarani:-

"After Shaikh Sharafuddin passed,
and I was awaiting an opening to emigrate
from Turkey, I was in a seclusion in the
mosque next to the tomb of my shaikh,
praying one night before Fajr. It was a
cold and snowy night. I could feel the
coldness in my bones. I could hear the
quiet falling of the snow on the trees and
the howling of wolves in the woods. I
heard a voice calling my name, 'Abdullah
Effendi.' I looked around but saw no one.
Then I heard the voice again calling out
'Abdullah' I looked again, but again could
not see anyone. I knew it was the voice
of my shaikh. The warmth of that voice
energized me and I ran outside without
even putting on my shoes or my woolen
cloak. I saw my shaikh in a brilliant vision
standing on the hill. He called to me and
said, 'Abdullah Effendi, come.' I did not
even think to put shoes on. I walked on
the snow and could feel warmth from the
Divine Love emanating from his spirit. As
I reached him he said, "My son tonight I
have been ordered to take you to the
presence of Sayyidina Uwais al-Qarani
(RDA) by the order of the Prophet (#).

"Then he said, 'My son, take my hand.
I was very happy to take the hand of my

1 July 2010

Shaikh and as soon as I took his hand I
found myself in the association of saints,
in the presence of the Prophet (#) and
Sayyidina Uwais al-Qarani (RDA) sitting
there. We entered and found there were
two places left for us to sit. We gave our
respect and took our places,"

the significance of that robe we brought
to you?' He said, O Umar that is one of
the biggest secrets which will not be
revealed to people until the Last Days of
his Ummat. While the Prophet (#) was
passing away, he was asking for
intercession for his Ummat."

Then Sayyidina AN (RDA) stood up
and said, 'For the first time we are
revealing this secret to the association of
saints. Only now have we received the
permission from the Prophet (#) for the
secret to appear. "I saw present in the
gathering the 7007 Naqshbandi saints.

Sayyidina AN said addressing the
association, and specially me, 'When the
Prophet (#) was passing away he called
Sayyidina Umar and me to his presence
and said, After I die, you takes the clothes
I am wearing when I pass away, as a trust
from me to Uwais al-Qarani (RDA). You
will find Uwais in such and such a place.

We went as the Prophet (#) had
directed us and looked for Uwais al-
Qarani. We went to that place and we
saw in the distance a man sitting with his
back to us. We approached. When we
came near without turning around he said,
O AN, O Umar, give me my trust.
Immediately we handed him the robe of
the Prophet (#). He stood up, kissed the
robe, put it on his head then put it to his
heart and said, I accept, I accept, I accept.
"We wondered why he was kissing the
robe and saying these words, because
he had never seen the Prophet (#) in all
his life. But we were hesistant to ask."

In this state of wonderment, Sayyidina
Umar asked Sayyidina Uwais, 'What is

Then he said, His Ummat includes all
human beings. And that is why Allah said,
'Say(0 Prophet) O mankind, I am a
Messenger to you all from Allah, to Whom
belongs the Kingdom of the heavens and
the earth. (7:158). The Prophet (#) asked
for intercession and Allah gave permission.
He was interceding for every individual
that Allah created. As he was asking he
was sweating and each drop of sweat
represented one human being. He took
on the burdens of each person. Until he
was satisfied that Allah had forgiven every
one, then he left this world. And the
symbols of that forgiveness are the drops
of sweet which are soaked in this robe.

"This robe was given to me because
the Prophet (#) wanted to tell me, O
Uwais, I am passing to you the Divine
Knowledge to clean the Ummah after they
make sin you must pass that power to
your successors from me to you and from
you to them."

And Sayyidinah Ali said that Sayyidina
Uwais al-Qarani said, 'I didnot see the
Prophet (#) physically, but in every
moment of every day I was with him during
his life. I received from him every matter
of importance for his Ummat. I am going
to transmit that secret to the many
successors and inheritors among Allah's
saints. Without a physical connection but

July 2010

through a spiritual connection they will
receive the secret of the cleansing power
and revive it in every century until the Day
of Judgment.

Then Sayyidina AN said to the
association of saints but directing his
speech to me, what is passed to you and
to many saints before you is from that
Uwaisi power. This is the first time that
secret has been revealed by permission
of the Prophet (#).

Then my Shaikh said to me, O my
son, now you can go back to your
seclusion. As soon as he said that, I found
myself entering the mosque and feeling
the cold again.

Khawaja Uwaiys Qarani (RDA) was
martyred in the year 37 AH in the battle

of Saffein while accompanying Amir ul
Momenin Hazrat Ali. Ibn Battotah mentions
that his tomb is in Damascus and is a
place of Pilgrimage for people of all
classes. Hazrat Ali Hujwiri writes in his
Kashf-ul-Mahjub: In the battle of Saffein
in agreement with Hazrat Ali (RDA) he
faught with enemies until he was martyred
in that battle. He lived a praisworthy life
and died in prosper.

Uwaiysi Sufis live around the world
from the borders of Bangladesh to South
Russia, Europe and the U.S.A. Among
the well known practices for the Uwaiysi
Sufis is being watchful over the heart as
it was said by the Uwaiys himself: your
heart will return to you.

(Courtesy: Mujallah Ma'arif-e-Auliya, Auqaf
Dept, Punjab)

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MINARET

23

July 2010

THE INCLUSION OF ORGAN DONATION
IN ONES WILL

Abul Fadl Mohsin Ebrahim

Al Wasiyyah is the Arabic equivalent
of what is termed today as the will. The
drafting of a Will during one's lifetime is
divinely ordained. The Qur'anic imperative
in this regard is as follows:

"O you who believe! When death
approaches any of You, (take) witnesses
among yourselves when making bequests,
- two just men of your own (brotherhood)
or others from outside if you are journeying
"(5:106)

Likewise, the Prophet Muhammad
(#) has also emphasized the need to
write down one's Will. He is reported to
have said:

"It is not right for any Muslim person,
who has anything to bequeath, that he
may pass even two nights without having
his last will and testament written and kept
ready with him." (Sahih-al-Bukhari)

However, it ought to be noted here
that according to Islamic Law, the
proportionate respective shares that the
legal heirs receive from the deceased's
estate are neither dependent on a Will
nor on any other direction of the deceased.
Rather, these shares are governed by
certain rules that have been laid down in
the Islamic Law of Succession. Thus, what
can be included in a Will are certain
specific stipulations, for example that
which relate to the affairs of the testator's
young children, facilitating the marriage
of the testator's daughters, and the

MINARET ;

devolution of one third of the testator's
estate, in favour of particular person or
a charitable institution.

Today the modern science has made
it possible to harvest the organ of the
deceased and to transplant it into the living
for the purpose of improving the quality
of life. The question that arises here is
whether it is permissible for the Muslim
testator to include organ donation in his/her
will?

In view of the fact that any explicit
nass (text) exists neither in the Qur'an nor
in the Sunnah regarding this question,
differences of opinion prevail among
Muslim scholars.

Negative Resolution

The Islamic Fiqh Academy of India,
during its Second Fiqh Seminar held
between 8-11 December 1989 at the
Hamdard Convention Centre. New Delhi,
India, resolved that if a person has directed
that after one's death one's organ should
be used for the purpose of transplantation
(testamentary disposition, as is commonly
known), it would not be considered as
wasiyyah (Will) according to Shari'ah.

The plausible factors/considerations
that may have influenced the adoption of
this negative resolution pertain firstly to
the concept of human organs as amanah
(trust endowed to humans by their Creator)
and secondly to the stance that human

4 July 2010

organ is invaluable.

i. Human Organ: An Amanah

There are Muslim jurists who regard
the human body (including its parts) as
an amanah (trust). Therefore, since a
human being does not own his body, he
cannot make a gift in respect of any part
of his body either during his lifetime or
after death. Thus to include organ donation
in one's will would not be in order since
one cannot give away that which one does
not legally own.

ii. Human Organ: Invaluable

The testator's estate is termed in
Arabic as mal mutaqawwam (asset upon
which a price can be set for it). Muslim
jurists are of the opinion that a human
being's person (organs included) is mal
ghayr mutaqawwam (invaluable i.e., no
price can be set for it). Thus it logically
follows that since no price can be set for
human organ, the inclusion of its donation
in one's Will would be regarded as null
and void.

Positive Resolutions

The Council of the Islamic Fiqh
Academy of the Muslim World League;
Makkah, Saudi Arabia, at its eighth working
session (28 Rabi al Akhir 7- Jumada al
Ula 1405 Hijri / 1 9-28 January 1985),
resolved that it is permissible in Shariah
to remove an organ from a dead person
and transplant it into a living recipient on
the condition that the donor was sane
(mukallaf) and had wished it so.

The Council of the Islamic Fiqh

Academy of the Organisation of Islamic
Conference (OIC), during its Fourth
Session held in Jeddah, the Kingdom of
Saudi Arabia, from 6-11 February 1988,
resolved that it is permissible from the
Shariah point of view to transplant an
organ from the body of a dead person if
it is essential to keep the beneficiary alive,
or if it will assist in restoring a basic function
of the body, provided it has been
authorized by the deceased or by his heirs
after his death or with the permission of
concerned authorities if the deceased has
not been identified or has no heirs.

The above (positive) resolutions, we
may safely assume, provide a valid
theoretical basis for the inclusion of organ
donation in one's Will.

The considerations that have played
a major role in influencing the adoption of
the positive resolution relate to what is
termed as al Ithar (altruism - generosity
towards humankind) and al darurah (the
rule of necessity).

i. Al-lthar (Altruism)

There are Muslim scholars who hold
that a living person's gesture in willing to
donate his/her cornea, for example, after
death has taken place should be viewed
as an act of altruism. After all, through
corneal transplant the donor would in
effect have made a noble contribution in
restoring the sight of another fellow human
being suffering from corneal blindness.

;';'. Al-Darurah (The Rule of Necessity)

Dr. Tanzil-ur-Rahman, a former Chief
Justice of Islamic Shariah Court of

July 2010

Pakistan, is of the opinion that the inclusion
of corneal donation, for example, into
one's Will may be held permissible on the
basis of the rule of necessity. He explains
that the rule of necessity is based upon
the juridical principle of al-lstihsan (juristic
preference), that the needs of the living
are given preference over that of the dead.
Thus, the inclusion of organ donation in
a Muslim Will could to be a positive step
in resolving organ donation shortages
worldwide.

and in the nature of extreme and dire
necessity, having no alternative treatment,
duly certified by two Muslim medical
practitioners of integrity.

(iii) The legator (donor) leaves behind no
heir. In case there is an heir, obtaining his
consent, after death, shall be necessary.
If any one of the heirs, there being more
than one heir, does not consent to it, the
Will shall not be executed.

The enforceable nature of such a Will

The Islamic Fiqh Academy of India,
as pointed out above, resolved that any
direction cited in the Will pertaining to the
donation of one's organ for transplantation
would be invalid and should not be
honoured.

Dr. Tanzil-ur-Rahman is of the view
that once a person has included organ
donation in his/her Will, it will be valid and
enforceable in Shariah, subject to the
following conditions:

(i) The donation (by Will) is motivated
purely for human good and be without
any remuneration, consideration or
compensation whatsoever.

(ii) The legatee's (donee's) be genuine

(iv) In case the Will is in respect of eyes
of the dead body, the said eyes be taken
out or separated from the body, after
certification of death by two Muslim
medical practitioners of integrity, to the
extent of the need as per Will, only before
burial of the dead body and no insult not
unnecessary disfiguration should be done
to the dead body.

Insofar as who would have the
jurisdiction to assent to the donation of
the dead person's organ in the event that
no such clause has been stipulated in the
deceased's Will, the Council of the Islamic
Fiqh Academy of the Organisation of
Islamic Conference and Dr. Tanzil-ur-
Rahman concur that the legal heirs have
the right to assent to that.

July 2010

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