Shaikh Yusuf Al-Qaradawi

their future, as those puppet rajas in Pakistan have done.

Throughout the broader post-Arab Spring Middle East, of which Pakistan is an essential part, the counterrevolutionary forces operate in conjunction with the deep state and global hegemony. That internal deep state, whether in the form of political parties, judiciary, police or military, undermines the emergence of representative democracy, human rights and the rule of law. Institutions are compromised, parliamentarians are bought and courts are opened at midnight to hear cases and enforce their will over parliamentary supremacy, all in the name of protecting their ill-gotten wealth and dubious fiefdoms.

One could reasonably argue that the deep state looks upon emerging democratic forces with both amusement and disdain. Although it will never willfully forgo the reins of power, it will allow these new political forces to enter the political arena and then undermine them slowly. In fact, the carrot of giving power is slowly being weaponized to strip away their aura, heighten instability and spread the fake news of “nothing being done.” This subtle character assassination is meant to undermine drip by the growing opposition movement drip by drip, to make it a spent force, as has been happening to grassroots movements in the Middle East.

So far, though, it hasn’t worked. The people, who hold the real power, are entirely and unreservedly standing behind former Imran Khan and his team. And in that, there is hope — both for the Pakistanis and Kashmiris everywhere. ih

Farhan Mujahid Chak, PhD, secretary-general of Kashmir Civitas (a registered Canadian NGO), is an associate professor of political science at Qatar University and author of “Islam and Pakistan’s Political Culture” (2014).

1926-2022

Shaikh Yusuf al-Qaradawi, who died in Qatar on Sept. 26 aged 96, was a giant among contemporary Islamic scholars. Rising from a humble birth in the Egyptian Nile Delta village of Saft Turab, no one questions his status as one of the 20th century’s most influential Islamic scholars — some say the Renewer of Islam (al-mujaddid). His father died before his son’s birth, and his mother died when he was just one year old.

Having memorized the Quran before he was 10, he enrolled in al-Azhar University and, in 1953 obtained an undergraduate degree from its Faculty of the Principal Sources of Islam (usul al-din).

A year later he earned a graduate degree — first in his class — from its prestigious Faculty of Arabic Language. He then joined Egypt’s Ministry of Religious Endowments, where he worked under the renowned Islamic scholar and public intellectual Shaykh Mohammed al-Ghazali (d.1996), and later at al-Azhar’s Department of Islamic Culture.

Under al-Ghazali’s tutelage, Qaradawi began what would become an incredibly prolific life as a writer and public scholar of Islam. Most of his 50+ books and countless articles sought to help contemporary Muslims live according to the Quran, the Sunna and within the Sharia’s guidelines by drawing on 14 centuries of Islamic scholarly explanation and comment.

In 1960, Qaradawi published what many consider to be his best-known popular book, “The Lawful and the Prohibited in Islam” (Plainfield, Ind.: 1994). It was translated and published in every major language.

In 1961, al-Azhar sent him to Qatar, under a scholar’s exchange program, as head of Qatar’s Religious Institute. While there, he established the University of Qatar’s Department of Islamic Research in 1973 and earned his takhassus min darajat ustadh specialty at the level of professor (today, Ph.D.) from al-Azhar. His dissertation, “Zakat and Its Efficacy in Resolving Social Problems,” became his magisterial “Fiqh az-Zakat,” one of the most important Sharia works of our time. It was published six years later, after he finished revising it.

In 1989, he founded Qatar University’s Research Center of Sunna and Sira and remained its director until his death.

In 1997, he established and headed the European Council on Fatwa and Research, headquartered in Dublin, Ireland, because Arab countries refused to permit its establishment on their soil. This body is dedicated to answering questions and addressing issues to help Muslims understand and live according to the Sharia in the socioeconomic context of Western-style modernity.

In 2002, he followed this by founding — for the same reason — the Dublin-based International Union of Muslim Scholars. The union has issued important international fatwas nullifying and voiding the “Daesh” (ISIS/ISIL) and declaring its founders Islamically “unfit” to make such a declaration or assume any such positions.

Among the world’s most widely read and known Muslim scholars, his weekly television show — via Al Jazeera – “Al-Shari‘ah Wa’l-Haya” (“The Sharia and Life”) caused his global celebrity and esteem to skyrocket among Muslims. An interactive program, Muslims would call in and ask questions or seek guidance. At least 40 million viewers tuned in every week.

Known for his rigorous and consistent condemnation of extremist groups and responses within the Muslim community, he also took a strong stand for the rights of oppressed Muslims, highlighting the lethal persecution and dispossession of the Palestinians and the Muslims’ sacred obligation regarding al-Aqsa Mosque and its divinely blessed surroundings.

Prof. Ihsan Bagby (associate professor, Department of Islamic Studies, University of Kentucky) reminisces, “He was the main scholar I always looked to for answers and insight. He was my shaikh. His Arabic book ‘Al-Halal Wal-Haram Fil-Islam’ (trans. As ‘The Lawful and the Prohibited in Islam,’ 1962) is still a must read.

“I heard him speak at MSA conferences way back, and I had the good fortune to hear him give the Eid khutba in Cairo on Aug. 2, 1981 — an hourlong sermon attended by some 250,000 Egyptians, which was the first major non-government Eid allowed. Here, he mentioned that he had just returned from the U.S. and reported that many Americans are becoming Muslim. (At that moment, I raised my hand.) He commented that it’s good that they met Islam in its ideal form before they met Muslims.”

He is survived by his wives, Aisha Mofenn and Issaad Abdul-Gawad; daughters Ilham, Siham, Ola and Asma, and sons Muhammad, Abdul-Rahman and Osama. ih

Some General Islamic Concepts of Health, Disease and Cure

Our bodies belong to God, who has entrusted people with their care. As such, they aren’t completely free to treat their bodies however they wish

BY HOSSAM FADEL

Islamic scholars have identified the Sharia’s objectives as preserving religion, life (and health), intellect, property and progeny.

This article focuses mainly on the second objective. Muslims believe that their bodies belong to God, who has entrusted people with their care. As such, they aren’t completely free to treat their bodies however they wish. Rather, they must act in accordance with the instructions of its owner — God. And God says in the Quran, “Whosoever killed a person ... it shall be as if he had killed all humanity” (5:32) and “Do not kill yourselves [or one another]. Indeed, God is to you ever Merciful” (4:29).

We are supposed to take care of our bodies by preserving our physical and mental health. Several ritual practices involve health-promoting actions, among them making ablutions before the five obligatory daily prayers, bathing, using a miswak (toothbrush/floss) to clean our teeth and eating “from the good produce that God provided” (2:172), such as dates, grapes, figs and pomegranates.

Other injunctions are in part meant to preserve health (e.g., the prohibition of intoxicants and illicit sexual behavior) and promote mental health via prayer, supplication and submission to God: “Verily, with the remembrance of God do hearts find peace” (13:28).

Prophet Muhammad (salla Allahu ‘alayhi wa sallam) also recommended health-promoting actions, including various forms of physical exercise, such as swimming, archery and horseback riding.

But even if we follow these and the other relevant guidelines, we may still get sick because God ordains all diseases. However, these are not necessarily punishments, for “We will certainly test you with a touch of fear and famine and loss of property, life, and crops. Give good news to those who patiently endure…” (2:155) and “Be sure We shall test you with something of fear and hunger, some loss in goods, lives, and the fruits of your toil. But give glad tidings to those who patiently persevere” (2:155).

DISEASE AND TREATMENT Muslims believe that disease is part of destiny. Yet this is not the same as fatalism, because,

as Abu Darda (radiy Allahu ‘anh) narrates, “The Messenger of God said, ‘God has sent down both the disease and the cure and appointed a cure for every disease. So treat yourselves medically, but use nothing unlawful’” (“Sunan Abi Dawud,” Tibb 11, [3874]). Muslims strongly believe that God is the ultimate healer and that seeking medical advice is required to facilitate this healing “Feed the hungry, visit the sick and set free the captives” (“Sahih al-Bukhari,” 5649).

Doctors and medicines are but tools in God’s hands. Doctors, despite being qualified and experts in their fields, can do nothing without His will and consent, for He ordains the cure. Prophet Ibrahim (‘alayhi as salam) proclaims, “And when I sicken, then He heals me (26:80).

MUSLIMS MUST ASCERTAIN THE STATUS OF THEIR ACTIONS BEFORE UNDERTAKING THEM. GENERALLY, ANY ACTION THAT IS NOT EXPLICITLY PROHIBITED IS PERMISSIBLE. EVEN THOUGH THIS INCLUDES MOST ASPECTS OF MEDICAL CARE, MANY MODERN MEDICAL PRACTICES AND PROCEDURES NEED TO BE EXAMINED TO DETERMINE THEIR PERMISSIBILITY.

process. Abu Hurayra (radiyallahu ‘anh) narrated, “There is no disease that God has created, except that He also has created its treatment” [The following addition exists in Abu Dawud and Tirmidhi: “There is no cure for only one illness.” He [the Prophet] was asked, “What disease is it?” He answered, “Old age.” [“Sahih al-Bukhari,” Tibb 1).

God does not cure you with what He otherwise made forbidden. For example, do not use medications that contain alcohol or pork products (e.g., porcine insulin). But there are exceptions to this rule if it’s a matter of life and death, for a cardinal Sharia rule is that necessity overrides prohibition.

The Prophet told people to seek the most experienced best qualified healer. Nobody should claim expertise in medicine when they are untrained and unqualified. The Messenger is reported to have said, “Whoever claims to be a physician, though unknown to such profession, is subject to personal liability.” Medical liability is divided in different categories depending on the situation (Ibn Qayyim al-Jawziyya, Muhammad al-Akili (tr.). “Natural healing with the medicine of the Prophet.” Philadelphia: Pearl Publishing House; 1993:98-102).]

The Prophet also stressed the spiritual merits of visiting the sick on the grounds that it contributes to the latter’s well-being. He recommended that the visit should occur after the third day if the illness appears to be serious, be short and include words of encouragement and supplication. Abu Musa al-Ash‘ari narrated that the Prophet said,

Muslims’ belief in the hereafter enables them to bear the pain and suffering related to disease or other calamities more readily.

While the default rule is to seek treatment, all patients have the right to refuse a diagnostic or therapeutic procedure, as long as they are mentally competent and fully informed about its purpose, alternatives and potential harm.

One can refuse treatment in the case of a terminal illness if applying the recommended therapy may not cure the illness or if it has serious side effects. However, in emergency situations a life-saving treatment (e.g., a blood transfusion) cannot be refused.

Physicians cannot predict when one will die. Nevertheless, it must be determined as precisely as possible because some rituals and legal decisions are based on the exact moment of death. Examples of rituals include janazah and burial, and examples of legal decisions include `idda for widowed women and inheritance, when the obligatory shares change depending on whether the husband or wife died first in an accident in which both were killed.

Muslims must ascertain the status of their actions before undertaking them. Generally, any action that is not explicitly prohibited is permissible. Even though this includes most aspects of medical care, many modern medical practices and procedures need to be examined to determine their permissibility.

During this process, Islamic scholars consult either the Quran or the Sunna. If a definite answer can’t be found, those who are qualified to do so engage in ijtihad (personal judgment) based on the secondary sources. The most common method used here is qiyas (analogy with a previously reported precedent or similar action), followed by consensus (ijma‘), reason (istihsan), presumption of continuity (istishab), consideration of the public interest (istislah) and custom (‘urf).

If still no answer can be found, they then resort to judgment based on whether the recommendation enhances one or more of the Sharia’s objectives without violating any known Islamic rule. In all such cases, scholars will usually seek the opinions of scientists and physicians who specialize in the concerned field to better understand the intricacies involved and why their proposed solution is necessary or better than traditional procedures.

DEATH Muslims believe that death is no more than a step on their way to the hereafter, where they will meet God and be judged, “You were lifeless and He gave you life, then He will cause you to die and ... Then He will give you death, then life again, and then unto Him ye will return” (2:28) and “Truly, we belong to God and indeed to Him we shall return” (2:156).

While death itself is scary, Muslims aspire to achieve an eternal happy afterlife. Therefore, they tend to be more peaceful as their earthly life is ending. Ideally, they will engage in more prayer, supplication, reading and listening to the Quran, along with giving more charity. In addition, they will try to pay off all their debts; seek the forgiveness of those they have offended, hurt and wronged; and correct their mistakes and repent.

God determines both our birth and death dates, “It is God Who gives you life, then gives you death; then He will gather you together for the Day of Judgment about which there is no doubt: But most people do not understand” (45:26) and “…nor does anyone know in what land he or she is to die …” (31:34).

These are some basic general concepts. Islamic scholars continue to work on more specific concepts, such as end-of-life care, artificial life support, brain death and artificial reproductive techniques. ih

Hossam Fadel, M.D., Ph.D. (clinical professor, Obstetrics and Gynecology Department, The Medical College of Georgia, Augusta) is a past president and chair of the Islamic Medical Association of North America’s board of trustees, a past editor of its journal (JIMA) and a past chair of its ethic committee. He is a life member of ISNA.