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Veils for Women - Discourses 7th edition

A large portion of the Indonesian population would probably associate the name Snouck Hurgronje with a person who is sly, crafty or a 'trouble maker'. When we are at school, our history teachers often accuse Hurgronje as being the 'ringleader' for the dissention of Indonesia to the Dutch. He is famous for the pecah belah (broken into pieces / divided) theory. The discussion of Fikrah in this article does not have the intention of illuminating the pecah belah theory, but rather the intention of looking to one of Smouck Hurgronjes original framework ideas associated with Islam.

Apart from giving advice to the colonial Dutch government concerning Islamic problems, Snouck Hurgronje is first and foremost an Islamist . For this reason he has become a well know lecturer at the University of Leidan in the eastern/Asian studies department. His works about Indonesia and Makkah are still a major point of reference for scholars in the academic world. He has written an article titled "Cadar bagi Kaun Perempuan" (veils for women) which was printed by the French Journal Revue Scientifique, on 14th July 1886.

While the article is only short, it is still quite interesting. However, I must first remind the reader that a Muslim person has not written this article and thus, opinion or understanding may differ to that of our understanding, nevertheless the article is still valid. The approach used by Snouck Hurgronje is a positive approach, where the teachings of Islam are not to be seen as a belief but as study material. Because it is being looked at as study material the teachings of Islam are criticised by him.

First of all to illuminate the problem with the Muslim veil Hurgronje looks at the phenomenon within the Muslim context. He says that the obligation for women to wear a veil has been established by Fikih (laws pertaining to ritual obligation), not by Islam, noting however, that there are many Muslim women who do not obey these laws. He gives an example about the behavior of a group of female farmers in village of Mesir in Syria in the 19th century, who apparently did not wear veils. Another example he gives is with girls in Kyrgistan, who only wear the veil after being are married. He submitted interesting historical data, concerning the time when Usman Pasha became Governor in Hijaz, illustrating that there were no permanent distinguishing obstacles (veils) between men and women.

At the time of the Prophet, according to Hurgronje, women could enter mosques freely. However, this freedom was seen as factor contributing to the decrease of mentality for the male community and the quality of the family. The presence of women in the Mosque is considered to disturb the devoutness of the male congregation. An interesting question asked by Hurgronje is that of why the Prophet made women cover their faces in the presence of men, when in certain prestigious or prominent situations the command is withdrawn? Snouck Hurgruonje uses the example of the clothes worn for making the Haj to Mecca. It is indeed a strange question for Islamic people who see this as part of their religion. However strange it may be, it is a question that is often overlooked. One lesson we can take from Hurgronjes example, is the intelligence that can be gained from asking questions that are often not asked.

So what is Snouck Hurgronje's individual opinion concerning the veil worn by Muslim women? According to Hurgronje, the wearing of the veil is not only an Islamic phenomenon. A long time ago Christian women also wore it. Up until now, if you walk the streets of the Middle East and visit Coptic and Christian Orthodox churches, especially in Lebanon, you will find the same phenomena. Men wear traditional Arabic dress and women wear the veil. An Islamic thinker named Qasim Amin in his book "Tahrir al Mar'ah" says the same. With reference to the issue at hand, Hurgronje has the belief that the veil is more of an eastern tradition rather than solely an Islamic tradition.

Because of this, and to refer to empirical facts in Islam's history, along with a variety of recent discourses that have developed, concerning religious teachings by both Islamic commentators and experts in Fikrah, Snouck has the opinion that the establishment of the law for the jilbab is based on ijma (the agreement of Islamic scholars). In the same manner that it was spread from the opinion of Syafi'I advisors. Because it has only be established at the level of majority agreement among religious teachers this means there is still a small group whom disagree. We need to remember that Snouck with reference to these issues did not only study the opinion of Syafi'yyah group but also the opinions of Madzhab (school of law).

If we come back to Snouck Hurgronjes opinion, to wear Islamic clothes, is to wear clothes that are 'proper' and in religious terminology are ma'ruf ('well known', 'good'). The meaning of ma'ruf is tied in with the concept of one's time period and surroundings. Ones location plays a big role in determining if certain clothes are ma'ruf or not. The question at hand then is can Snoucks thinking be used within Islam or not, because within the Islam discourse discriminatory thinking still exists resulting in the creation of many imbalances. What I mean is to think in a discriminatory way is to think about the differences things are based on and why they create distinctions. To think in a discriminatory way is to think about views brought up by Muslims and views brought up by non-Muslims. In fact to think in a healthy manner is to think with an orientation to God. Imagine if you were to help a victim of an accident, the only thing you could think is how is it I can help this person in the most efficient way, without asking the cause of the accident.

Moreover, I want to say that opinions like Hurgronjes are indeed starting to appear within Islamic circles. However, every time there is an Islamic scholar who has the opinion that the veil is not an obligation in Islam, he/she is considered to have been influenced from Western thought. Indeed the stigma attached to a Western henchman is often thrust upon any Islamic thinker who has moderate and free views, in spite of the fact that they might be thinking individually. I often think that it is symptoms like this that display our distrust concerning the ability for intellectual circles to be influenced. Is it not the case that one's life should be influenced and influence? If we look back in history, Islam aside from influencing others at times was also influenced from the West. Is it not so that the Islamic Empire once controlled almost the entire European mainland? The ongoing relationship between Islam and the European mainland creates the impossibility that there is no mutual influence or ability to influence each other.

It is now that we need to think about this. Is it true that we can continue to think in these discriminatory ways, and as a result always be left behind regarding these issues, or can we be brave and begin to let our tradition develop. This type of thinking, in my opinion, is what is needed concerning women's issues in Islam. It is God who knows what is right.

 

Striving for the Education of Women - Hadith 7th edition

The glory and magnificence of God and indeed the glory of all mankinds, can only be obtained through ones faith and knowledge. As is documented in the Koran:

"…God will rise up, to (suitable) ranks (and degrees), those of you who believe and who have been granted (mystic) knowledge" (QS. 58:11).

Likewise, a person's faith and knowledge can only be obtained through their social conditions and surroundings, desires, livelihood and ability to work hard in all areas.

"That man can have nothing but what he strives for" (QS. 53:39)

This is the education process. Every person has the right to receive an education. At present, those that have control over education and resources in general have an obligation to help others. This means, parents are obliged to educate / help their kids, the rich the poor and most importantly the state to its people.

Although education is an equal right to all persons, the reality is quite different. Often, the less fortunate or lower status groups of society are not given the same opportunity to education, as those people of a higher status. If we look at women for example, because the social position of women in Indonesia is considered lower than that of men, their ability to access education is more restricted. This is despite the fact that the female population is greater than the male population. Statistics collected from BPS (the Central Bureau of Statistics) between the year's 1980-1990, show that the average rate of females attending school is much lower in comparison to that of males.

What's more, it seems, the higher the level of education, the smaller the number of females attending. If we look at results from primary school through to senior school, males dominate the education system in Indonesia. For primary school children, figures comparatively concerning females and males attending school were: 49.18% and 50.83%, junior high were 46.64% and 53.56%, while senior high were 41.45% and 58.57% and at university level 33.60% and 66.40%. It is apparent that the number of females attending university or having the opportunity to attend university is very low.

The lack of opportunity for females to attend school and access an education impacts heavily on their position within the social, political and economic spheres of society. In parliament, only 8% of parliamentary members are female. This is the same in the regional parliaments, for example, in Malang there are only 4 women out of a total of 45 members of parliament, and in the city of Cirebon there is not one female representative in parliament (see Journal Perempuan, no.23, 2002, p7-16).

The lack of opportunity for females to obtain an education is a factor contributing to the imbalance of females and education. Another imbalance is the stereotype concerning the education granted to females and, what is even more concerning, is the continuation of the use of these unjust educational materials. These gender imbalances thus become the responsibility of all people, especially that of the nation state to its people. The male dominated society in Indonesia bares the responsibility for continuing the injustices and imbalances concerning women and education. Religion and its teachings are also a major element contributing to the responsibility of gender imbalance. Religious texts thus need to be addressed frequently, especially the text of the Hadith.

Several texts from the Hadith hinder the activities of females to acquire an education. These teachings and historical narrations must be stopped immediately. Moreover, texts written within the holy books, as well as, that in teaching curriculums should be criticized and corrected regularly by those knowledgeable on the issues. The Hadith for example, says that women must stay in their houses to look after and care for their husbands. At present, several religious scholars also use the text of the Hadith as a tool for obstructing or prohibiting women from obtaining or entering higher levels of education. This has already been documented by Syekh Muhammad al-Ghazali in Sunnah an-Nabawiyyah (1992:51). Several famous religious teachers have copied and adapted the text of the Hadith, but it must be noted that these texts degrade the position of women, which can not be justified.

Texts of the Hadith like this will prevent women from obtaining knowledge and an education. Texts of this type need to be criticized on a regular basis. An example of this is the prohibition of women to be involved in activities in the mosque. When women are forbidden or restrained from taking part in praying at the mosque they are being denied the right to access and obtain knowledge, education and information as well as their right to participate in religious ritual. Evidence of this is revealed in the text of the Hadith when the prophet expressed:

"It is better for women to pray in their houses rather than to pray in the mosque"(Riwayat al-Baihaqi,Sunan al-Kubra, juz III, hal 132)

Although this text is a chronological outline of history like that clarified by Ibn Khuzaimah, Ibn Hibban, al-Haytsami and as-Suyuthi, it is in contrast with the texts of other Hadis that are considered more powerful and even in contrast with certain historical facts. In other texts for example, that narrated by Bukhari, Muslim and at-Turmudzi, the Prophet said:

"What's more, if your wife asks permission to go the mosque in the evening you should not obscure that"
Or:
"Don't obstruct of hinder a woman who wants to go to God's mosque" (see Ibn al-Atsir, juz XI, pg 467, Hadith no 8698).

With arguments like these, and the presence of many other arguments similar to these, Imam Ibn Hazm az-Zhahiri has said that the Hadith and its act of banning women from going to the Mosque is not only a weak justification but cannot be justified fullstop.

Education Rights for Women

Everyone has the right to an education both females and males. According to the Hadis:

"Every Muslim person has an obligation to demand and obtain knowledge" (Riwayat Ibn Majah, al-Baihaqi dan Ibn Abd al-Barr)

Al-Ajluni had documented that religious scholars' opinions differ greatly concerning the status of the Hadith. Ibn Abd al-Barr says that many of the texts are weak, while al-Iraqi and al-Mizzi believe the words of the Hadith are strong and indeed worthy. Every Muslim person means just that, every Muslim person whether they are female or male. Where the Hadith demands the right for all Muslims to gain knowledge, it includes females' as well as males. The whole community has the right to obtain knowledge via education.

In the notes of Imam Bukhari, the prophet's wife Aisyah binti Abi Bakrra, praises the women who were always studying:

"The greatest women are those form Anshar, those that are never ashamed to always be studying about religion" (Riwayat Bukhari, Muslim, Abu Dawud and an-Nasai, see Ibn al-Atsir, Juz VIII, pg. 196, Hadith no: 5352).

So those who are brave and feel that their education rights and opportunity to an education are not the same as that of males, can face the prophet.

There is another Hadith text from Abi Sa'id al-Khudriyy that says:

" A group of women approached the prophet and said to him: " those who are males seem to have already moved beyond us females, is it true that you can devote some of your time to us, females? The prophet was prepared to devote time to teach, caution and give advice to the women".

In another documentation, there was a female who went to the prophet for advice, he said to her:

"Oh Prophet, males have received powerful teachings from you, is it true that you can allocate specific time for the teaching of females, to teach to us what it is you hear and receive from God? The prophet responded: " yes, gather here today, at this place" Following this the women gathered together at the place arranged by the Prophet and studied about the knowledge the Prophet had obtained from God"(Riwayat Bukhari and Muslim,See Ibn al-Atsir, juz X, pg 359, Hadith no: 7340).

Females have the same education rights as males. There is no valid reason to downgrade a woman's right to education. The right to education also includes the right to bring up and teach children. In the notes of many religious scholars of the Hadith women were the first persons actively involved in the teaching and narrating of the Hadith. It has been noted that almost 1000 women have become teachers or more precisely narrators of the Hadith. Examples include: Aisyah and Asma bint Abi Bakr, Hafshah bint Umar bin al-Khattab, Khansa binti Khidam, Umm Salamah, Umm Ayyub, Umm Habibah ra and many more. It is strange that when the number of women becoming ilmuwan are becoming smaller, when the Islamic world is becoming bigger, both in the political and social spheres. In the third century of Islam for example, there were only ten well-known women noted as being Islamic teachers or conveyors of Islamic information.

This means that the problem of education for women has not only derived from the texts of the Hadith, but from Islam itself, which, everyday positions women in a marginal position in regards to study and education. The struggle for women to gain an education thus dates back to the beginnings of Islam.

Educational Materials

Education must be looked upon as a social institution or regulation that has contributed to the continuation of the gender imbalance. Religious teaching materials are another contributing factor, which have also influenced this patriarchal society.

In comparison to the Koran, the Hadith can be said to hold greater imbalances between the role of men and women. According to the Hadith, women have been created from the crooked broken bone of a man, and possess minority rights. For example, women are considered not valid to become intellectuals, leaders or witnesses, are not able to go anywhere without a member of the family, and they must submit to the higher authority of their husbands. There is even a text that says women are a source of bad luck. Matters pertaining to these meanings of the Hadith need to be reread thoroughly so that various sections can be rejected as they are not only transmitting negative connotations, but are also in contradiction with meanings of the Koran.

Aisyah bint Abi Bakr ra has already given an example criticizing the Hadith concerning the interpretation of females being bad luck, which was narrated by Abi Hurairah ra and validated by Imam Bukhari and Ibn Hajar al-Asqallani. They did not want to receive the texts of the Hadith because it is in contradiction with teachings of the Koran:

"No misfortune can happen on earth or in your souls but is recorded in a decree before we bring it into existence: that is truly easy for God" (QS 57:22)

There is no Hadith text that says women are a source of bad luck, this has come directly from the mouth of the prophets wife (see al-Asqallani, Fath al-Bari, VI/150-152).

From this, Aisyah ra teaches us that the matters pertaining to the Hadith must be in align with the teachings of the Koran. Several principles relating to matters concerning male and female relationships from the Koran are as follows: (1) that men and women are created from the same entity; (2) that a good life can only be developed with both a man and a woman with positive work and consent on behalf of both sides of the marriage; (3) possess the same obligation, respectively in both the political and economic sphere; (4) build a peaceful and loving life together; (5) to settle any matters of problems in a respectful and peaceful way. These principles can become the base for many of the texts of the Hadith that are so often seen as treating women in an unjust way.

Matters pertaining to the meaning behind the texts of the Hadith must be taken in context with ones surroundings and time period. For example, concerning the concept of 'women to be accompanied by family members', does not mean that women are unable to carry out any activity at all. The concept represents a protective element on behalf of a woman's family members emphasized by the prophet respectively to all families. At present, the protection element forms an obligation of not only the people but also the state. Women must be given the opportunity to carry out activities in a positive way and for this reason all area must be given protection.

The prophet himself, while expressing the obligation of male family members to protect their female family member counterparts addresses the need for females to fulfill the Haj alone. The Prophet did not forbid, nor put women at fault for wanting to fulfil the Haj, but rather support the cause by saying "accompany your wife to make the Haj", in fact it is males that need to support the Prophet by aligning themselves with his commands.

The concept of 'devout woman' should not only be taken in accordance with the relationship between a woman and her husband, because all women possess a variety of relationships. These relationships include that with god the creator, with family and with her community. The Prophet said:

" Would you like me to reveal the attributes of a good person? A devout woman: is a woman who satisfies, who follows and abides by the rules of Islam, who looks after ones self and the wealth of their partner",

This has been expressed with reference to those who are poor. At the time, they paid a visit to the Prophet and complained that many of the commands/directions of the Koran were directed to those who are rich. For example, the Haj to Mecca, the giving of alms and shadaqah (see full Hadith text Sunan Aabu Dawud, ch 11/126, no 1664). Those who are poor feel they don't own enough to be charitable. Within this context the prophet said that devout women are a source of wealth or savings. Meaning that to help a needy person, to comfort the sick, or to give an opportunity to a less fortunate person was also a means of obtaining merit from God.

Along with the many bias texts from the Hadith, teachings and instructions of the Hadith must be strengthened and made clearer to strengthen the socio-political position of women, by the use of texts which indeed do strengthen the position of women. Texts like this include: the struggle of Siti Khadijah ra and several other females, relationships between male and females, the rights of women within marriage and divorce, the socio-political activities of women that lived during he time of the Prophet, and about the heavenly life that every woman bares. One of the important books in regards to this issue is that written by Abd al-Halim Muhammad Abu Syuqqah, 'pembebasan perempuan pada Masa Kenabian; Studi tentang Perempuan dan Ayat-ayat al-Quaran dan Teks Hadis yang ditulis Imam Bukhari dan Muslim' (The Liberation of Women at the Time of the Prophet; A Study about Women and the Verses of the Koran and Hadith, written by Imam Bukhari and Muslim). This book can become a base for the strengthening and reinforcing of the position of women concerning the texts of the Hadith.

When social and political structures delegate women to a lower position we must defend them and all those people whom are unable to defend for themselves. In one text of the Hadith, the prophet says that to fight for the justice of women is also to be considered as an act of jihad (holy war). Education is the precise field to be worked in to carry out any sort of defense mechanisms for the role of women and struggle for justice. Education is the key instrument to initiate any form of social change. Education paves the way for people to know their abilities and strengths, raises questions about pre assumed issues, look for the truths and to struggle for the truths. Education is a strong social and political base for all women. Education for women has and continues to be a struggle. Aisyah ra, Kartini, Rohana Koedas as well as women in general, want and demand justice, justice for both men and women.[]

Feminism; Taking the philosophy from the West - Discourses 6th Edition

I received an e-mail from the 'Sisters in Islam' mailing list, it was an article written by Asghar Ali Engineer. A lot of you will already know of Asghar Ali Engineer. He is an Islamic commentator and intellectual at the forefront of the Islamic world, who gives great attention to issues concerning women in Islam. He has written many books and articles, not only about women in Islam, but also pertaining to many other issues including democracy, human rights and politics.

I would like to take this opportunity to analyse one of his articles titled "Western Feminism or Rights of Women in Islam". In the first paragraph of this article Asghar quotes an accusation/complaint from Islamic circles - a technical term often used to identify radical and fundamentalist groups - to those who work for women's rights as being an imitation of western feminism. Asghar continues, if indeed it is the imitation of western feminism why? What is wrong with the imitation mentioned? The reverse side of his question, which is perhaps aimed at Islamic groups, indicates that the imitation does not matter. Continuing on, he confirms that western feminism is a movement based on a secular ideology; what's more it is the struggling for female rights and status. Secularism is not always in opposition to religion, with the exception of atheism and many of the religions indeed don't mind the feminist movements because they are not opposed to feminism. Was it not the Prophet said Asghar, who suggested obtaining hikmah (philosophy) from wherever?

Actually, the struggle for women's rights and equality has not only taken place within Islamic circles, but also in the West where feminist movements originated. If we look for example up until the 1930's while secularism had appeared, women in the West still did not have full rights. Conditions forced women in the West to continue their struggle for women's rights, rights which had already been granted to Islamic women centuries earlier. While women in the West continued to struggle for women's rights, the domination of males was still very apparent. Asghar gives us an illustration of the number of female members of parliament in Western nations, which ranges from 10% to now reach 50%. In fact, conditions for women seem better here in comparison to the conditions for women in Islamic countries. In Kuwait for example, women are not given the right to vote. Saudi Arabia forbids women to drive a motor vehicle by themselves; a male family member must accompany them.

The illustrations above clearly indicate the problem pertaining to the suppression of women is not only in the West but also within Islam. The problem now is that when people protest about the restrictions placed upon women for example what is happening in Kuwait and Saudi Arabia they are labeled as being like Western feminists. What is clear is that the existence of these protests still portrays that male power is still dominant.

So what is it like in other countries for example, Egypt, Jordan and Bangladesh, who respectively all recognise women's rights? What are the ways of explaining the differences held from Muslim country to Muslim country? Is their Islam different? Or are their attitudes of treating women different to other Muslim countries? By way of these questions, Asghar only wants to say that attitudes that are more moderate as mentioned earlier cannot be mentioned as being Islam. Because when a country has a moderate attitude concerning women it means the leadership is moderate.

Within this issue both those moderate and those conservative, concerning women's issues use and put to the forefront the religion of Islam. It is interesting to look at the context in Pakistan, here Asghar has painted the picture that when Fatima Jinnah tried to run for presidency in the 1960's against Ayuub Khan. Khan the opposition at the time, announced a conservative fatwa that women cannot become national leaders. The hadith referred to is the hadith where if a woman becomes head of state the nation will collapse. Nevertheless if we look from another point of view Fatima Jinnah was supported by one of the foremost religious scholars from Jama'at -e-Islami, Maulana Maududi. Jinnahs group received a fatwa from Maulana Ashraf Ali Thanvi who justified that within a democratic country, a leader does not possess absolute power but that it also depends on the voices of the parliament members of whom are majority male. The final fatwa here only wants to answer the worry of the Conservative Party that absolute power will be possessed by one sate head while there is a possibility that the sate head may be female. However there are efforts to think softly concerning women in fact not only for women but also for the importance of politics.

In this article Asghar also pictures the conflict between cultures, what needs to be struggled for by Islamic women on one side with what is struggled for in the West. There is a new fad of women 'coming back to Islam' by using the jilbab as a means of strengthening their identity. Westernisation is not modernisation. Islamic women do not want to take on the bad elements in dress from the West instead they are rejecting their clothing style and opting for their own. On the other hand there is a feeling within the community of developing countries that assume the hegemonic role of the West to be above the Islamic world. What's more, the more globalisation strengthens Western hegemony the more communities of developing countries are becoming aware of their own culture. In line with this, Muslim women are becoming more aware of their cultural heritage in terms of their dress.

With this, the jilbab according to them and as mentioned by Asghar, must be seen as a means of increasing/concern of ones identity not as a restriction on women. Because of this the jilbab now forms a cultural identity, which can be seen as confirmation of identity in comparison to anything else. What is important though is whether or not clothing or whatever else is based on the woman's right to choose herself? Women must have the freedom to choose whether they want to dress like those in the West or those in the Middle East. However, it does need to be noted here that there has been a feminist resurgence based on the want for identity to be seen as an individual phase within a wider women's Islamic movement. While they do not reject Western imitation they also give notes concerning the west.

Asghar remembers that Islamic legislation must be associated with the concept of an individual interpretation or judgement. What we now face is the problem that not all Islamic religious teachers understand the concept of development. The majority of them are orientated to the past and consider that something from the past is now considered as being Islamic. Asghar criticises he view of religious leaders who emphasises the literature from the hadith rather then the Qur'an itself. Literature from the hadith according to Asghar is more inclined to be in correspondence with feudal times than that of the Qur'an. The Qur'an values woman's rights very much and if read carefully very much in accordance with equal rights. Nevertheless, while we look to the spirit of the Qur'an it does not mean we forget the hadith completely. The literature of the hadith, which is considered to be associated with feudal times, is interpreted with the emphasis on the importance of men. []

AIDS and Islam - Tafsir 6th Edition

The Bali bombs, along with the many other terrorist attacks in recent times, have created an atmosphere of fear and anxiety around the whole world. It has brought about the discussion of and anticipation for, new laws against terrorist activity and its perpetrators. At present, there is almost no one in the world that is not interested in putting a stop to terrorism and any further terrorist bombs. Almost every person in the world is interested in putting a stop to terrorism because a bomb is concrete evidence for the killing of innocent people. Bombs and terrorism threaten all of mankind. What can we say for the terror of HIV/AIDS? While we know that the HIV/AIDS virus is a serious threat and kills many people, there are only few that truly feel threatened by it and thus the involvement in warding off the disease is still very low.

HIV/AIDS experts have already stated that the HIV/AIDS virus is a serious problem for all mankind. AIDS is a fatal illness, with no preventive medication (not found at present anyway). The speed at which this virus can spread means that the virus can become a burden on health services, the social system, the economy, as well as increasing problems pertaining to ethics, legality and the creation of stigmas concerning discrimination and human rights. This information reveals that the AIDS epidemic is not inferior to the threat of terrorism and terrorist bombs. Generally however, people are more interested in issues that are visible or that can be seen by the human eye rather than issues that can not.

While both the threat of terrorist bombs and the threat of the HIV/AIDS virus are very real and can both kill, more attention seems to be given to the threat of a terrorist bomb, as it can be seen by people through media sources around the whole world. Perhaps the lack of attention given to HIV/AIDS sufferers is because the death of HIV/AIDS victims is usually a slower process and is not necessarily visible to the outside community. Among those suffering from the HIV/AIDS virus, are women, children and innocent people. The total number of HIV/AIDS victims is difficult to, and in most cases cannot be determined. One reason for this is because, AIDS sufferers may look healthy on the outside, and in fact not even know they have the virus until their health declines day by day. This HIV/AIDS virus can be transmitted through sexual relationships, blood transfusions and generically. It is important to understand that it should not only be medical experts that treat and handle HIV/AIDS victims but, the general community, including the need for religious leaders to contribute and be aware of the importance of treatment of the victims.

"Penyakit Kutukan" in the Qur'an

As is written and implied in the Qur'an, the Qur'an recognises several kinds of illness. The Qur'an addresses and uses many concepts and words, which are linked to or touch on things with the connotation to illness. The Qur'an for example, uses words like al-dhurr, al-nushb and al-adzab to explain the illnesses that fell upon the Prophet Ayyub (see the Qur'an al-Anbiya 21:83 and Shad 38:41). All of these words/concepts give a specific explanation to the meaning of sickness.

In the nineteen stories originating from Jewish theology, cited by Ibn Jarir al-Thabari, (with the majority cited by Wahb bin Munabbih), we are told of the story of Prophet Ayyub and the unordinary illness that descended upon him. His illness has even be compared to that of a leaf being eaten by a caterpillar, or that of skin peeling off when it is touched by something or someone. In another story, we are told that as a result of his sickness, the Prophet Ayyub received unnecessary insult from the rest of the community. He was ostracised from all social relationships within his community as well being ostracised from his own home. In fact, the community even tricked his wife into leaving him. Like any couple (husband and wife) the Prophet chased his wife to make a promise that they would care for each other until while one of them was sick until full recovery.

What is interesting from the Qur'an al-Anbiya 21:83 and Shad 38:41, are the differences in the understanding of the religious commentators concerning the words al-mass (contact), al-dhurr (difficulty), al-shaithan (Satan), al-nushb (tired / weary) and al-adzab (feeling sick). Ibn Katsir explains that al-nushb is an illness of the body that was suffered by the Prophet Ayyub. While al-adzab (to feel sick) can be understood as a test to survive a situation of poverty after being so wealthy. In the Qur'an al-Anbiya 21:83, it is mentioned that the Prophet Ayyub prayed "inni massanniya al-dhurr" (truly distress has seized me). Here, the subject is referred to as being distressed. While in the Qur'an 38:41 God uses the composition of the sentence "inni massanniya al-syaithan bi nushb wa adzab" (the evil one has afflicted me with stress and suffering). In this sentence we see that the subject is regarded as having an affiliation with Satan.

In the Qur'an 38:41, the textual understanding is that the sickness and suffering experienced by Prophet Ayyub originated from some sort of contact with Satan. This understanding tends to be more mystical as the understanding of an illness originating from another world (penyakit kutukan) must be looked at and understood textually. It must be noted that 'penyakit kutukan' can descend upon pious people at the highest level as happened with Prophet Ayyub as implied in this verse. In fact, while still controversial, there is a story that the prophet Muhammad also experienced something similarly strange, as a result of magic forces.

However, from the beginning, religious commentators have warded off these assumptions. Almost all-religious commentators feel that they must explain something in the understanding of Shad 38:41, especially the words "massanniya al-ayaithan" (Prophet Ayyub contacted by Satan). From the references that the writer has used, without decreasing respect for him, it is only al-Thabari that has not explained these words. The majority of Islamic scholars understand the refined verses mentioned as 'kinayah' (parable with transfer of meaning). What's more, its composition creates a slave's prayer to God. Detached from the theological debate around fate (good and bad) and if it originated from God or not, the composition of this verse will explain that all bad things do not originate from God, but originate from somewhere else. Ali al-Sabuni for example, also understands this verse in the context of 'kinayah', however he bases all of his issues entirely on the almighty God. In another meaning al-Zamakhshari draws the picture of the Prophet Ayyub not receiving his illness from God but receiving his illness from his link to Satan.

Ibn Ashur has illustrated 'kinayah' more cleverly. Ibn Ashur explains this verse as a parable where subject A hits a rock with a bat. It is thus obvious that A has touched the bat but not the rock, it was the bat that hit the rock. This parable thus follows suit with the sickness of the Prophet Ayyub as it was feelings of tiredness, sickness and difficulty that hit the prophet and thus become the subject of the sentence. In Arabic language, the letter ba with the word bi nushb can be understood as ba al-ta'diyah (a letter that exceeds its functions and limitations), so the letter ba here can act as the subject that needs the object. Furthermore, Ubn Ashur tends to understand the letter as ba al-sababiyah, that is a letter that becomes the 'cause' when the prophet Ayuub was touched by Satan. To summarise then, Ibn Ashur dismisses the assumption that God is responsible for the Prophet Ayyubs suffering.

In these final interpretations it is clear that there is no sickness that can be considered a curse from God. Ali al-Sabuni and al-Zamakhshari mentioned above, are more clever in explaining the meaning if we understood it in the context of an illness being a test, trial or warning. It is not only serious illnesses like HIV/AIDS that constitute a warning by God to reflect on ones health, but also more frequent and less serious sicknesses have this connotation.

A more modern translation has been carried out by Wahbah Al-Zuhaili. While the 'kinayah' interpretation mentioned above is also carried out, the more modern interpretation explains that the sickness that descended upon the Prophet and caused him to be belittled by the community was not mystical. The sickness is not far from a skin disease, which can be cured by normal water as is explained in verse 42, which follows. This ostracism according to the writer is caused by insubordination factors concerning them, for calling on the Prophet.

Nevertheless the understandings above, indeed have mystical qualities. While it is understood that the illness that descended upon the Prophet came from either God or Satan, it means that that the illness can enter via a mysterious process. The writer is a little regretful when Islamic commentators stop after pinning illness to the origination from Satan without explaining the word al-shaitan by its self. The word al-shaitan for example cannot only be understood as a refined creature that is insubordinate. The word is also used to explain something that is bad and evil. One of the fragments of this word also refers to al-khabith (impurity). When explaining the word al-shaitan, Ibn Manzhur tends to give it the character of 'life', bad and active. In the context, without having the intention of making the problem easier, virus', bacteria and the likes are also parts of the al-shaitan category. One story says that al-shaitan can live within the blood circulation of humans.

While the Qur'an is a primary and authoritative source, as a holy book that explains a variety of issues to its Muslim followers, we cannot discover within it, these illnesses described explicitly. The Qur'an is indeed not a medical book or a book of knowledge that addresses every issue in detail. The Qur'an is a holy book that guides people who want to be healthy physically and spiritually and mentally and socially. The Qur'an provides Muslims with a broad outline and principles for the protection of man. To have religion is the basis for protection, concerning human rights. On the basis of this, all Islamic scholars formulate thee ideals in brief: "dar' al-mafasid wa jalb al-masalih" (to anticipate society's flaws and look for social goodness).

Many Muslim people view HIV/AIDS as being a punishment or curse from God, placed on traitors who have not obeyed Gods instructions. HIV/AIDS is often seen as the result of forbidden sexual activity, either because it was with a sex worker or, because it was due to a homosexual relationship. There is a verse in the Qur'an concerning curses put on people as a result of homosexual relationships this relates to the story of the prophet Luth. In fiqh homosexuals are mentioned as liwat taken from the word lut. The approach above concerning this problem must be carried in a morally religious way. According to many, the most practical way to handle this is to distance ones self as far away as possible from any sexual activity outside of marriage that could affect one's health. Others suggest burning all sex worker locations. But can we not see that those infected with the HIV/AIDS virus are also women and children who have not sinned? The spread of the HIV/AIDS virus can also happen via sexual activity that is permitted, when either the husband or wife has been in contact with the virus. It can also be transmitted via blood transfusions. Is it true that with the reasons mentioned above these people should also be cursed from God? And is it true that the burning of brothels and sex worker locations will help overcome the problem of AIDS?

Based on medical facts concerning AIDS sufferers, those infected with the virus are not only people that have carried out sexual activities against religious norms, but, are also decent wives and children. So, the generalisation concerning the curse put on AIDS sufferers is not adequate. God does not want to curse those that are not at fault. "Wa ma yazhlimu rabbuka ahadan" (your God will not be cruel to anyone). According to Islam, laws pertaining to sexual activities outside of marriage, prostitution and homosexuality are clear. God has already said that sexual activity outside of marriage, is a sexual relationship, which is bad and will anger God. There are no Islamic scholars that will reject this view.

On the other hand, is it true that those who deviated from the norm and engage in sexual activities out of marriage should be cursed? Is it true that they should be ostracized from their social life, pushed aside or belittled? The word for curse in Arabic has the meaning of being distanced from God's mercy. This is the same, for those who have acted do not receive enjoyment and love and affection from God, because, they did not look after their health in regards to reproduction. It is difficult to understand that if a curse like that mentioned, should ostracize and practically eliminate one from their own life. It is difficult to understand because having a social relationship with an AIDS virus sufferer does not mean you will be endangered with the virus. The spreading of this virus as has already been discovered, can happen by way of unprotected sex, oral or anal, blood transfusions, or by unsteralised syringes. The spread of this virus does not happen by air, or by shaking someone's hand or by just eating or talking together. So we must concentrate on the illness itself, finding a cure and doing our best to avoid contracting it.

The problem of HIV/AIDS becomes more precise when mentioned as a test, trial or warning from God to all of mankind. This test is a warning from God for all people to be careful and to avoid possible actions or activities that would infect you with the virus. The Qur'an says: "And fear tumult or oppression, which affecteth not in particular only those of you who do wrong: and know that God is strict in punishment" (al-Anfal 8:25).

This forms a command from God to prevent those considering taking a risk as well as making more people aware who may be raised within a concerning social environment. The problem of HIV/AIDS should not only be viewed as a medical or physical health problem, but also a mental and lifestyle problem. For these reasons prevention methods must begin with those aforementioned. One more obvious way is to avoid deviate sexual relationships, as mentioned previously.

Women and HIV/AIDS

Experts have said that in comparison to males, women are at much greater risk of contracting the HIV/AIDS virus primarily through unprotected sexual intercourse. The susceptibility level is much higher for females, due to the female genealogical makeup. Within everyday social life the susceptibility of women facing this virus can be seen in regards to economic conditions. It is visible because of the imbalance of gender. Gender biases have already contributed to the spreading of this virus, as economic access for women tends always to be limited. Women in a patriarchal society are always placed below men and discriminated against to receive health services. What's more, illnesses that are associated with reproductive organs often cannot be detected as a result of a culture where women must remain closed off concerning biological issues. Women are also susceptible to sexual assault and violence. We must take into account the issues mentioned above, as they could be ways of contracting the AIDS virus. Great concern must also be given to women who are pregnant, as the virus can be passed on to an unborn child.

There is also a culture of stereotyping places, sex workers and brothels in a bad light. Rarely do the men that frequent these places get talked about. So when the spread of the AIDS virus occurs as a result of unsafe sex, we must recognise that there are two sides involved. Justice should be made in light of this problem, "al-fail wa al-maful bih" (those present and those that go) these things both need to be remembered.

Keeping what has already been mentioned in mind, prevention from the problem of the HIV/AIDS virus can start with strengthening the welfare of ones offspring and the purity of ones family, as already discovered in this paper. This becomes an obligation for all, both men and women. The Qur'an has already given us guidelines for the prevention of this virus, by way of protecting and keeping safe the reproduction organs of both males and females.

Closing Note

From the explanation above, it can thus be noted that there is no 'penyakit kutukan' (sickness from a curse) from God. With the aforementioned, the ostracism facing members of the community who are infected with this virus does not originate from, and is not the geological roots of the Qur'an. If a person is sick the family are obliged to help and assist in their recovery, not by way of distancing themselves, ostracizing them or leaving them. Moreover, God will threaten those that leave their family members while sick, or the community who ostracizes a member who is sick. God promises to torture those people who do not look after their family members or community members who are sick. In the case of the Prophet Ayyub as, God made an oath to the Prophet Ayyub to punish his wife as a result of her not looking after him while he was sick.

So HIV/AIDS sufferers must continue to be patient and to pray to overcome their illness, because the fact is that every sickness has medication. As is said in one hadith, everyone must continue on with his or her life, striving from the heart as God has promised to give a big reward later on, when recovery has taken place. Being sick allows a person time to reflect on the importance of health in their life. Family and communities are there to give those suffering from the HIV/AIDS virus support.

Terakhir Diperbaharui ( Selasa, 22 Februari 2011 04:41 )

Women and HIV/AIDS - Hadith 6th Edition

The logic behind contracting the HIV/AIDS, tends to be that it results from ones own actions. While we are not sure exactly where this disease has originated, health experts do know that the HIV/AIDS virus is spread through sexual relationships (homosexual, bi-sexual and heterosexual), blood transfusions, the use of unclean syringes and the transmission to unborn babies from their infected mothers. The first person to contract the AIDS virus in Indonesia was a 25yr old woman, who contracted the virus via a blood transfusion, which she regularly received as a result of her illness anemia. Align with this, is the fact that the majority of HIV/AIDS infected persons in Indonesia are heterosexuals. Recent discussion has found that those most susceptible to the HIV/AIDS virus are people who are disadvantaged or perceived as relatively low in society, for example, children, women and those in poverty.

The irony is that right up until now, a large proportion of the community has been and continues to be, convinced that AIDS only attacks people who have engaged in sexual activities considered 'deviate'. The religious community also legitimates the virus with words that associate the AIDS virus as being a 'curse' from God, primarily put on a person who has engaged in a homosexual relationship. This view is indeed false and needs to be straightened out. False understandings like these make it difficult to disseminate correct information concerning prevention and assistance to those infected.

The AIDS Disaster: Between a Curse and a Test

In Islamic theology, the AIDS virus is considered to be a 'disaster' that can descend upon anyone, as a test in a person's patience and commitment of their faith and to mankind. The virus is considered more commonly, to descend upon people who are likely to lose their temper easily, lose hope and be reluctant from the moral values mentioned. God in many verses of the Qur'an criticises the behavior of Prophet Luth's community. They were people who carried out meanness, were sinners and acted outside one's limits. One of the major causes of this criticism stems from the community's sexual behavior, where males liked to carry out sexual relations with those of the same sex. God thus punished them. (See Qur'an al-Araf (7): 80-84, al-Shu'ara (26) 165:166 and al-Naml (27) 54-56)

When this verse bases itself on criticising people who engage in homosexual behavior, it can be justified, but, when it bases itself on legitimising the reasons for the virus saying that AIDS is a curse from God concerning homosexual people this cannot be justified. Textually, implicit or explicit the Qur'an does not clarify this issue. What's more, it is a fact that AIDS is not only suffered by homosexuals and it is not only spread via sexual relations. The view of AIDS being 'a curse' associated with homosexuality is a difficult concept to correct.

The text of the hadith and its view on this topic cannot be supported. The most popular text based on this view is that of the stories by Ibn Majah, al-Baihaqi and al-Bazzar from Ibn Umar citing that the Prophet said:

"Under no circumstance will the appearance of a shameful (fakhisyah) act within a group of people make other people proud, aside from the spreading of the leprosy virus or another virus which has never been suffered by any person before them"

This hadith, cited by al-Mundziri is in al-Targhib wa al-Tarhib min al-Hadith al-Sharif is a warning concerning sexual behavior outside of marriage or any other deviant sexual behavior, for example, that with animals. Many Muslim writers also cite this hadith when discussing HIV/AIDS and any other deviant sexual behavior.

Within religious studies this hadith is still being debated, because the name Ibn Abi Malik and his fathers can be found. In Sunan Ibn Majah it is mentioned that religious leaders have put the credibility of Ibn Abi Malik and his father in doubt, although al-Suyuthi says that the meaning of the hadith mentioned is worthy and should be accepted and put into practice.

The word fakhisyah mentioned and used throughout this hadith literally meaning 'bad' or 'shameful' both in regards to words and actions. To curse or offend someone also comprises of being fakhisyah. All sinful actions carried out are also considered as being fakhisyah. In religious texts the terminology fakhisyah is often considered as any sexual activity outside of marriage as well as the use of blasphemous language.

Several religious teachers understand the meaning of fakhisyah in the hadith as sexual deviance or homosexuality activity. For this reason, this hadith is tended to be a strong warning from the Prophet Muhammad for all of mankind not to engage in homosexual activities. Behavior like this will bring about danger and illness that has not previously existed. At same time this hadith also motivates people to carry out sexual activity that is clean, safe and faithful to one's partner.

This warning is one of five given by the Prophet Muhammad in this same hadith. Four other factors include: 1) the dishonest behavior in any money transaction will result in a crisis i.e. poverty or authoritarianism; 2) the unwillingness to pay zakat (giving of alms) will result in an extended dry season, without rain; 3) to damage the bond between God and the prophet Muhammad will result in the appearance of an enemy; and 4) not to take the law from the holy book of god as it will cause enemies within one's self (Sunan Ibn Majah, II: 1332, Hadith no: 4019).

With these warnings it is hoped that an awareness to not take part in events like this will appear. But when an illness appears and infects a particular person we cannot be sure that it is a curse from God. Because many people even those of a high status can be infected with illness, experience defeat or live in poverty. The prophet Muhammad is a concrete example of a person who faced many difficulties, illnesses and expulsions, but in the eyes of God he is still the noble Prophet.

In a story quoted by al-Qurtubi and Ibn Kathir, the Prophet Ayyub was struck with a terrible illness that lasted three years. His whole body was itchy. Every time he scratched himself, blood came pouring out and his flesh was peeling off. Only a small part around his chest and stomach was left untouched (al-Qurthubi, XV/208).

An illness is a disaster and a test that in the words of Prophet Muhammad is as follows:

"every disaster that descends upon a person will increase their status in the eyes of God and erase all of their sins"

This hadith is narrated by Bukhari and Muslim. This hadith is conveyed by A'isyah to several young children who laugh at their friends who are sick. It has been narrated that the Prophet said the following:

"The people who experience disaster the most are the Prophet Muhammad, followed by pious people, and then people who are working towards piety. In between them are the people who suffer from poverty who only own one piece of clothing and in between then are the people who are infected by a terminal illness"

"The greater a persons illness the higher the religious degree of the person. The higher degree the person becomes the more disaster they will experience".

This hadith is narrated by al-Turmudzi, Ibn Majah, Ibn Hibban and al-Hakim. This hadith is better than the hadith that uses fakhisyah as a threat. From the meanings mentioned it is better to say that a sickness including AIDS is considered a disaster for all of mankind to test their commitment to God and humanity including behavior which is clean, safe as well as creativity in searching for a cure for these new illnesses. So this meaning is in accordance with the verses from the Qur'an, which talks about disasters that, descend upon people.

To have empathy with your religion
When AIDS is positioned as a disaster or a test/trial, all people both those infected with the virus and those not must think positively. Infected persons who have been infected as a result of 'free sex', must consider their suffering as a lashing of love and affection from God to stop activities that are considered bad and unsafe. With positive thinking it is hoped that a person who is infected with the virus will receive the facts to look after oneself and to live a safe life, ensuring not to danger others.

An infected person must also carry out his/her medication with the belief that God will assist them in their road to recovery. Medication to cure the AIDS virus has unfortunately not been found. But at this time there are many medications, which obstruct further developments of the virus and can improve the condition of the body to live with the HIV virus, just like those living with the herpes virus or hepatitis B. Already medication for the HIV/AIDS virus has experienced quite a successful step forward.

In a hadith told by Muslim, Abu Dawud and al-Turmudzi, the Prophet Muhammad said:

"Alas, mankind are the servants of God, take medicine when you get sick, because under no circumstances will God descend an illness on someone without also descending medication" (Jami al-Ushul, VIII/321-322, Hadith no: 5619-5621).

For those who are not infected with the AIDS virus, this is a strong warning not to carry out bad activities which have the possibility of contracting the AIDS virus, for example sexual relations considered not good and the consumption of narcotics. At the same time AIDS also forms a challenge to test how far a person is committed to being a good person to those infected with the ADIS virus. In many hadith it has been stated that those who are not suffering from any sickness should assist those who are suffering an illness.

"there are 5 obligations of a Muslim to another Muslim these include: answering greetings, assisting one when they are sick, accompanying a corpse to the burial, fulfilling invitations and returning a blessing to someone when they sneeze" (Bukhari, Muslim, Abu Dawud and Ibn Majah, see al-Mundziri, 1968:IV/316).

"God will ask on doomsday the following:
Alas child Adam, when I was sick why did you not assist me? The answer to the question: Why must I assist you when you are sick, you are our God? Allah answered: "remember when your friend was sick and you did not assist him, do you not know that if you assist him you will meet me there" (Muslim, See Al-Mundziri, 1968:IV/317).

At the seminar about Islam and AIDS, in the United Arab Emirates, in 1997, it was recommended to doctors and the community, not to discriminate against patients suffering from the AIDS virus.

Rights for the disadvantaged

There is a saddening fact that the spread and causes of the AIDS virus are concentrated in the third world, where people are still struggling with a variety of problems and are behind in access to education, status of economy and access to adequate health services. In Sub Saharan Africa for example, the areas of Botswana, Namibia and Zimbabwe are the areas most infected with the HIV virus; 1/5 to ¼ of the population between the ages of 15yrs and 49yrs are infected with the virus.

Those susceptible to the virus are those who are disadvantaged, are not educated and those who are not socially or economically independent. Women occupy the most susceptible position to the HIV/AIDS virus. Firstly; because of their biological make up they are more susceptible to contract the virus by way of sexual relations, in comparison to men. Secondly; access to education and information is lower for women, so they do not possess the knowledge about reproduction, including the problem of HIV/AIDS. Thirdly; their position in the socio-political sphere is often lower, so they do not own the independence to reject sexual activity that may put them at risk. For example, for a female sex worker it is very difficult for her to ask clients to use a condom, what's more to ask them if they are infected with the HIV virus.

It is the same scenario with a wife and her husband. If a wife suspects her husband of having the virus it is very difficult for her to reject sexual relations with her husband or ask him to wear a condom or for her go to the doctor to have herself checked out. The latest news from Tempo magazine is that women from the correction institution in Tanggerang, Banten, Indonesia have almost all been victims of sexual harassment by the jail guards and many even raped several times.

Is it true that these women are wrong? Or have been cursed by God as a result of contracting the HIV/AIDS virus? All of society must help those women who are most susceptible to the virus. Women must become one and demand their rights, and all of society must demand that the government brings into force a program to help the situation of women. In association with the spread of the AIDS virus it is important that women and the community carry out the following: 1) strengthen education and information 2) medical treatment; service and support for those infected with the virus 3) Address the government of the seriousness to fight for funds for woman and children 4) change the laws that still alleviate sentences for rapists and 5) strengthen reproduction rights of women.

In the hadith narrated by al-Turmudzi, the Prophet Muhammad said:

"I order all of you to act in a good way to women, because it is women who often become the target of sexual assault and abuse. Remember you are not permitted to put anything in affect with out acting in a good manner that will increase their goodness".

Terakhir Diperbaharui ( Selasa, 22 Februari 2011 04:41 )

Rape in the Home - Discourses 5th Edition

Based on research, one out of three married women has experienced violence in the home (see Farha Ciciek 1999:28). This is a very frightening fact. Violence within the home has thus almost reached one half of all husband and wife couples. It may well be that we are included among these actors, hopefully however this is not the case.

Discussing violent acts within the home, as part of the fiqh discourse concerning women, is an issue that cannot be avoided. It cannot be avoided as a result of recent 'coming out into the open', of violent acts within the household. In fact, now days, it is quite often that a wife will report violent actions by her husband to the police. The case of Nur Afni Octavia, a well-known church singer and celebrity is a good example of someone who has encountered this violence.

Generally, violence is considered to be any behavior (which can be both verbal and non-verbal), carried out by a person, or a group of persons, against another person or group of persons to create a negative affect, be it physically, emotionally or psychologically (Elli Nur Hayati 2000:28).

Rape in the home
Rape is a form of violence that can be experienced by both males and females. Rape can be carried out by males towards females, but also females towards males. Generally however, it is males who are the perpetrators of this sexual violence.

Rape is the forced act of sexual intercourse, by the use of persuasion or repression. In brief, rape is the forced and involuntary sexual intercourse between a male and a female, between a male and a male or between a female and a female.

Rape can be identified under four categories.

Firstly, rape can be carried out by a person who knows, or is close to the victim. That is they might be the victim's friend, boyfriend and girlfriend, work colleague, family member or neighbour. This does not mean however that a stranger, a person unknown to the victim, can and will not carry out this act.

Secondly there is date rape. That is when a person is raped while on a date with their boyfriend / girlfriend or close friend.

Thirdly, there is rape with a 'refined threat'. This means rape that is carried out by someone of higher authority or status to their victim. Like that of an employer against his maid (those on top against those beneath), for example, a teacher against his student, a policeman/woman against his/her detainee and the like. Usually rape of this kind is carried out by way of gentle persuasion, the result of a promise or as a result of being tricked in to it.

Fourthly, there is rape within marriage. That is the rape of a wife by her husband or the reverse of, in a forced manner without considering the notion of loyalty, or the acceptance of ones willingness to engage in sexual activity.

Rape within marriage, often termed 'marital rape', is usually and with the culture of sexual relationships in Indonesia considered relatively unpopular. It is assumed that rape only takes place between an innocent female and male or vice versa against a perpetrator in a forced manner. It is carried out without someone's will and also not within the household. It can be seen that the definition of rape is reduced here. Rape within the home does not enter the category under this definition. We can see then that rape within the home, is still a very controversial topic.

Nevertheless, these days women are continuing to struggle for the recognition of rape within marriage, based on the definition that any sexual activity using force is to be considered rape.

Considering Islamic Law

Islam teaches the principle of mu'asharah bil ma'ruf (a kind and voluntary relationship), in regards to the carrying out of sexual activities. A husband and wife are both obliged to mutually respect, love, protect and honour each other, without neglecting their obligations or rights as a married partner. Mu'asharah bil ma'ruf is thus a principle that the building of Islamic law for woman can be based upon in order to treat all of mankind well, especially between the relationship of a husband and wife.

Because of this, a husband does not have the right to dominate the sexual relationship between himself and his wife. He is not allowed to think only of himself or to sexually only please himself, because a sexual relationship must be based on gender equality not on one person being superior and the other inferior. Both sides are obliged to look after each other in a kind a loving way. A husband and wife respectively must serve each other.

Both husband and wife should carry out a sexual relationship in association with the principles mentioned above. A husband is obliged to treat his wife well, just as a wife in obliged to treat her husband well. The mutual obligation for a husband and wife couple to serve each other, is not only being suggested here but something that must come into practice.

From reasons mentioned above, it is clear that rape within the home is not permitted. Rape within the home is in contrast to God's commandments.

"They are your garments and ye are their garments" (Q.S. Al-Baqarah 2:187)
"Live with them on a footing of kindness and equity" (Q.S. An-Nisa 4:19)
"You must be as good as is possible to your wife" (HR. Ahmad dan Tirmidzi)

With this in mind, both a husband and a wife have no right to force each other into unwanted sexual activity. To force or pressure your partner into sexual activity is treating your partner inhumanely. To view your partner as an object rather than a person places the couple in a somewhat colonial type relationship. A husband and a wife are equal and possess the same position and status and therefore respectively must both be treated well.

The principle of 'mu'ahyarah bil maruf' and the recommendation to be good to your wife by not emotionally or physically hurting her, is in line with the example given by the Prophet Muhammad in understanding the word 'libas' in the verse 187, meaning to mutually protect each other (al-Qardhawi, 1977:201). This is in regards to a sexual relationship explaining that sexual activity must be carried out completely voluntarily and with no element of force put upon the partner on either side. To force sexual activity upon your wife or husband has the tendency of 'idza' (to hurt) one of the sides. The issue of forcing sexual activity on your partner is indeed a prohibited act.

While there is a hadith that addresses the issue of a 'la'nat' (a curse) being put on a wife for not serving her husband (sexually), this must be interpreted as motivation on behalf of the wife to act in accordance with her and her husbands needs. The term of 'la'nat' does not mean 'haram' (that the wife is forbidden to reject). Evidence here is that given by the religious teachers of fiqh, who still recognise sickness and tiredness as a valid reason to reject sexual relations by one side of the couple.

This discourse has indeed been discussed quite in-depth here in the hope of presenting Islam in accordance with its mission of justice and equality.#

Women's Sexuality in the Texts of the Prophet's Hadith - Hadith 5th Edition

In Islamic fiqh there are two definitions concerning the rite of marriage. The first is that marriage is a contract or covenant of ownership / possession ('aqd at-tamlik), and the second, that marriage is a contract or covenant of authority ('aqd al-ibahah). Both, in the first definition and in the second definition, the position of women is seen as an object for male enjoyment. The contract or covenant of ownership/possession in fiqh has the meaning of male ownership over a woman or one's right of ownership over her body. The contract or covenant of authority also means the contract gives authority to the male to enjoy the woman's body. Women too have the same right to enjoy their husbands' body, but this right is not mentioned explicitly in the definition of marriage. Another issue pertaining to the rights of males, is that which explicitly says that marriage is only an exploitative right for men concerning the female's body. Consequently, religious leaders of fiqh do not clearly state the obligations a man has to fulfil his wife's sexual desires.

The definition of marriage, positioning women as subordinate to men, obtains its justification from the texts of several hadith. These include a husband's right to his wife's body (in a sexual way) and the obligation of women to hand over their body to their husband for the sake of his sexual desires. While on the contrary, there has not yet been one hadith text discovered, concerning the sexual rights of women, or for the obligation of men to fulfill women's sexual desires.

There are many hadith texts that talk about the subordination of a woman's sexuality. Among them the Prophet has said: "What's more, if a husband invites his wife to have intimate relations with him, but the wife rejects him and he becomes angry all night long - for this his wife will be cursed by an angel until morning.

With reference to this hadith, the majority of Islamic teachers say that it is shahih (proper, correct and valid). At least among the critics of the chronological order of stories, it has been considered proper, correct and valid. Bukhari places this hadith in Al-jami al-Shahih in "an-Nikah," chapter 86, hadith number 5193. But within the Bukhari narrative, he does not express the sentence "the husband becomes angry all night long" (fabata ghadhbana). While in other hadith narratives this sentence is considered the most important clause.

In Hajar al-Asqallani's book, Fath al-Bari, fully supports the validity of this hadith. There are several other texts that strengthen the hadith mentioned above. For example, the Muslim narrative from Abi Hazim "on behalf of Allah, a person who calls his wife to bed (for intimate relations) and she rejects him will be cursed by all of those in the sky above until she apologises to her husband"

Other supporting narratives are by Ibn Khuzaimah and Ibn Hibban, from Jabir ra: " three types of people whose prayers are not received by God and whose goodness will not ascend to the heavens are: 1) slaves that ran from God (until the time of their return), 2) a person who is drunk (until the time he is conscious again), 3) women who aggravate their husbands (until they have been forgiven), (see, al-Asqallani, Fath al-Bari, X/368).

Within the matters pertaining to meaning here, it is often understood in a simple fashion by Islamic teachers, that a wife is obliged to fulfil her husband's invitation for sexual relations. Wives can sin, but an angel will curse them for rejecting the above-mentioned invitation by their husbands. In Bukhari's narrative which is without the words "fa bata ghadhbana", still has the meaning that the wife ill be cursed if rejection occurs. While the narrative by Muslim, Abu Dawud, Ibn Khuzaimah and Ibn Hibban, with the clause "fa bata ghadhbana" is understood by several Islamic teachers, that the curse only occurs if the husbands' anger arises as a result of rejection, rather than being cursed as a result of sinning.

Within the meaning pertaining to fiqh, in light of the hadith discussed above, the prime task of a wife is to satisfy her husband sexually. A wife is obliged to fulfil her husband's sexual desires. Within fiqh a husband obtains the right to enjoy his wife's body. The meaning here is that, if a wife wants to obtain the right to basic necessities she must at all times be prepared to be enjoyed by her husband. If not, for example, if physically she is not ready, as she is too young, or goes to jail as a result of a criminal act, or she rejects the invitation by her husband for sexual relations, the husband is no longer obliged to support his wife. Within this view the woman's body is indeed controlled by her husband.

Is it true that a woman has sinned just because she rejects a sexual invitation by her husband? According to Ibn Hajar, only a rejection, which results in anger (on behalf of the husband) should be, considered sinful, because intimate relations are a right of the husband. When a husband allows or forgives his wife's rejection, then it is also considered not to be sinful. The act of rejection is considered 'sinful' when the rejection is a full initiative of the wife and not as a result of any cruel intentions on behalf of the husband. Ibn Hajar's belief is based on another story hajiratan firasaha, which means women consciously and intentionally leave the wedding bed. Meaning those who are (cursed) are women who intentionally initiate the rejection rather than rejection that is a result of a husbands bad behavior towards her.

Contemporary views of fiqh, by ulama including az-Zuhaili, explain that the curse (sin) that ascends upon a person because of rejection for no reason and appears not because of a religious obligation that must be fulfilled. Meaning, women have the right to reject their husband if he is going to hurt her or if he is carrying out an obligation (see Husein Muhammad 2000:99). From the several views presented here, the subordination of the sexuality of women facing men is not total or not fully. There is space where women according to religion (classical fiqh thinking) do have the right to reject an invitation of intimacy from their husband. Meaning, a wife's total obediency to her husband, is not valid. Hadith that emphasises that a wife must be totally obedient to her husband must be criticised and their meanings revised, especially the hadith written by Imam Ahmad and at-Turmudzi: "if a husband invites his wife to engage in sexual relations, the wife must fulfil his needs, even if she is busy in the kitchen, furthermore, in one story it even uses the example while on the back of a camel", a woman must carry out her husbands sexual needs (see Sunan at-Turmudzi, III/465, hadith no. 4697).

When analyzed the text of this Hadith contains differences or false writing (tash-hif). Because in another story by Imam Ahmad the words falya'tiha are used not falta'tihi. The text is: What's more if you want to have your sexual needs fulfilled by your wife the wife must partake even if she is busy in the kitchen. The difference in the writings between At-Turmudzi and that of Ahmad is considered awkward and can decrease the level and status of the hadith and is rejected by the people.

While from a first impression the differences only look simple, the consequences of the understanding and the differences between the wording of the text in the first and in the second are great. From the wording of the text of the first Hadith, it can be understood that a wife is obliged to fulfill the biological needs of her husband, when ever and where ever. A wife does not have the right to reject her husband. If she rejects her husband, she will be cursed by an angel and by all of the earth's creatures. But, if we look to the wording of the text of the second Hadith, it can be understood that it is only a recommendation for the husband to fulfil his sexual needs with his wife (to no one else and by no other means) even if his wife is in the kitchen she must fulfil her husband sexual desires. Meaning there is a restriction on the husband to carry out his sexual needs on his wife whenever he feels (e.g. kitchen); also the total obedience of the wife to fulfill her husband's sexual needs is not required.

But the majority of ulama choose to understand the words of the text from the first hadith, not the second. Even though the subordination of women has been explained over and over. The question is thus raised then why in religious thinking must a woman become a victim in order to satisfy a male's sexual needs?

According to Ibn Hajar al-Asqallani, it is because the male sex is a more aggressive sex than the female sex. Men are not patient enough to go without sexual relations for a long period of lime. Their concentration is often distracted by sexual fantasies with the female body. Because of this, it is hoped that the woman will follow and help stifle the sexual aggressive behavior of the male and protect him so he does not engage in illicit sexual activity. This help is carried out by fulfilling the husband sexual desires. Meaning, the obligation of a women is more than just helping her husband, but respectively helping one with the, as is most important between a husband and wife couple.

So, a woman's sexuality must also be placed with the same aggressive logic. Because the problem of sexually aggressive or sexually passive is associated with the physical and mental imbalance between the male and female sex. The labeling of females as sexually passive and males as sexually aggressive is misleading and there is no empirical evidence of this. Meaning both females and males can be passive or aggressive concerning ones sexual desire. With Ibn Hajar's logic men are also obliged to help with and engage in activities so his wife can enjoy her sexual desires too. Syafi'i's view that the male only have to engage in sexual activities with their wife once through their marriage while a wife concerning her husband is obliged for the whole length of their marriage, this must be stopped. It is also the view of Madhhab Maliki who gives the opportunity to the wife to demand intimate relations once every four months must also be stopped. The fulfillment of sexual needs by both by the wife concerning the husband and the reverse is not associated with time, but associated with one's physical and mental readiness as well as the condition of one's environment. A woman's needs must not be measured only from the husbands' side.

The concept mu'asharah bil ma'ruf according to this situation together concerns the need of both the husband and the wife. Respectively both partners must pay attention to each other. In accordance with the concept of mu'asharah bil ma'ruf an intimate relationship is not one sided only. According to the Qur'an, a relationship between a husband and wife is equal. libasun lakum, wa antum libasun lahunna (they are your garments and ye are their garments). If the Qur'an explains an equal voice why does the subordination of women exist? Why views of fiqh that subordinate women still preserved?

Terakhir Diperbaharui ( Rabu, 23 Februari 2011 06:59 )

Giving Authority to Women - Tafsir 5th Edition

Sexual activity is a necessity for all of mankind. God's plan was that sexual activity and one's sexuality would become a necessity in life. With this in sight, God created the concept of 'a couple'; humans needing partners; complete with their own respective and unique genitalia. Without teaching humans how to use their genitalia correctly, things would become very creative. Adam and Eve are an example of this. With God's plan, God gave humans a sexual instinct, just as he gave to all other living creatures.

Sex is a natural instinct and biologically important for the continuation of life (li al-tanasul) of all creatures. Its existence adheres with the pulse of life. It is often said that life itself is sex. No person can intervene in the sexual affairs of another, in the same manner that it is not possible to regulate the direction of ones life. Sex creates one's sovereignty, one's value and life award. It can only be given and received by ones own consciousness and by way of a joint contract or agreement. Treatment outside of this can be considered rape or a violation of ones human rights, which in the Qur'an is classified as being al-zina.

A person's decision to have sex, is the right of that person; a human right that belongs to every individual. On a basic level, the freedom of a person to carry out sexual activity is in the same manner as the freedom one has to look after their sexual reproductive organs. The restrictions on sex appear when it perturbs the freedom of another person. These issues often become public debate, including within religious teachings.

The Theology of Sexuality

It must be clarified first, that sex is a gift from God to all of life's creatures. It is God's mercy, a gift from above and a belief because of God's mission to preserve and continue life. Sex is a part of God's way to reproduce all of life's creatures that he created naturally. This is the specific understanding of sex. In the general understanding, sex is closely related to feelings, emotions, and instinct and is among the totality of life's creatures' body and souls and must not be separated from this.

Every person both male and female is born with specific genitalia, together with a sexual instinct. Humans have the full right to enjoy and look after their sexual organs in accordance with their wants and consciousness, without neglecting the norms outlined by the 'giver' of this gift. As a gift from God given to man, sex is a part of one's own autonomy. No person is given the right or opportunity to seize, or, take this right away from any other person. Because of this, in the theological view there is no prohibition to practical situations concerning power and sexual exploitation, so we continue to see the sexual subordination of women to that of men.

Sexuality must be equal (sexual equality) in a relationship. Both men and women are given sexual organs, instinct, potential and sexual energy of equal standard. The difference is found in the shape, function and form of the sexual organs. God has intentionally created this difference, between a couple, for the continuation of his mission on earth, and by no means was his intention to differentiate their (male and female) actions or status in the social, political or economic cultures. The difference of social behavior (discrimination) is based on gender (sexual type), more specifically within sexual problems, creating conflict concerning the hope and strategy planned by God for human life.

The Qur'an, in a basic manner, follows the understanding of equality, partnership and justice within the sexual relationship of men and women. This is expressed by the Qur'an itself with the use of a metaphor: "They are your garments and ye are their garments" (al-Baqarah 187). Clothing or garments as mentioned here create a symbol of a person's basic need for the other person. Ibn Abbas defines one's basic need, as that of the basic need for mutual tranquility, peacefulness and composure. A man has tranquility for a woman and the reverse and a woman has peacefulness for a man and the reverse.


Female Sexuality in the Qur'an

The Qur'an does not specifically explain issues pertaining to sexuality. But it also does not obstruct the discussion of it. In several of it's verses the Qur'an clearly talks about and explains gender (as a sexual type) as a sexual fact, but tends to relate more to the sexual relationship of a husband and a wife rather than the sexual rights of an individual. As a result, there has been a rise in the understanding and perception of the community, that sex is nothing other than a relationship between two people a husband and wife.

But, as a matter of fact, the meaning of sex is much broader. Every activity that involves contact with sexual organs, and where one obtains enjoyment from it, can be considered sexual activity. Since we were babies, (perhaps while not understanding perfectly) we have all known about sexuality and sexual activities (differences between the sexes). Because of this, sexual activities are not only limited to, or carried out by those who are married. Sex can be carried out and take place where ever and when ever in every stage of a persons development.

What we need is a moral and ethical explanation for, and guidelines of, a person's sexual rights, as it cannot be found in the Qur'an. The Qur'an is not a "guide book" or a "book of law" but rather, is a framework for the breaking down of problems and, a base for us to understand the basic principles of life.

Nevertheless, a metaphor concerning sexuality and sexual activity is described in the Qur'an as being an act of "cocok tanam" (working / cultivating the soil or land). In association to this metaphor, there must be an available field to work / to be cultivated, a planter, a seed, which can be planted, and a suitable method used for this cultivation. In the Qur'an al-Baqarah, verse 223 explains that "nisa'ukum harth-un lakum fa'tu harthakum anna shi'tum" (your wife is like a piece of land where you can work the soil, a place where your desires can be filled)

The verse mentioned above describes the sexual relationship between a husband and wife. This verse describes the sexuality of a woman as passive and the males as active (within a relationship). Also described is that a woman must want and be prepared to carry out any sexual desires from her husband. As a 'ladang' (an unirrigated field), the woman can be worked/planted at any time and by any means of planting the seed by the male. Women are seen here as objects (field) for the male sex and positioned as a subordinate to them.

This is the general interpretation and understanding that proliferates among the community at large. This understanding has been spread widely, from ancient times to the present nuclear times, from the West to the East. It can take the form of discrimination, subordination and 'fitnah' (slander) of women's sexuality, which, now takes place via religious teachings, like the teachings of female circumcision and the teachings that wives must fulfil their husbands sexual desires, from this understanding and interpretation of this verse. Where as, this understanding and interpretation is wrong and is not a valid interpretation but rather a bias interpretation that has risen from a patriarchal culture, tending to cover up or hide the religion commentators.

The verse earlier, if we look at the context in which it descended, we see the freedom of ways to carry out sexual intercourse between a husband and a wife. In many interpretations of specific holy books, it is explained that sexual intercourse can be practiced standing, sitting, sleeping, and squatting, from in front, from behind, from the side and with whatever fashion as long as the focus is still towards the vagina. The vagina is the focus of this verse. The 'field' is intended to be the vagina not the anus or any other hole. It has been explained by the prophet: "innaha ala kulli hal-in idza kana fiy al-farj-i" (indeed sexual activities can be carried out in any way providing it is the use of a penis and vagina).

Because of this, this verse does not have the intention of describing the structural position of the male sex above the position of the female sex, as is generally understood. In the reasoning of al-nuzul, this verse has descended as a rejection for the perception of Jewish people who consider that who ever carries out sexual activities with their wife other than via the vagina, their kids will be born with crossed eyes. To accentuate this once more, is the text fa'tu harthsakum anna shi'tum (visit your field (vagina) that you desire). In my opinion, this verse professes the freedom of ways to carry out sexual activity, and the need to apply them on a practical level, especially that between a husband and wife (Q.S. al-Shura: 38, Ali 'Imran: 159).

The verse mentioned here, aims to show that a sexual relationship can be carried out not only for reproduction but for recreation as well. Reproduction is only one function of a sexual relationship. What's more, if we look at when a woman is fertile, that is a only twelve hours a month, it is evident that sexual relationships have a greater dimension for recreation over reproduction.

The structural relationship of one's sexuality indeed points to the Qur'an, al-Baqarah: 187 which says "hunna libas-un lakum wa antum libasun lahunna" (they are your garments and ye are their garments). An equal relationship is a relationship complete with mutual respect and mutual need for a partner to carry out one's sexual desires.

The Perspective of Freedom from the Qur'an

We indeed must position the Qur'an proportionally, as universal regulations (norms and values) with its pivotal point focussing on justice, benefits and the increase in standard and degree of humanity, as something, which is qath'iy (definite or exact). This positioning needs to be carried out primarily in understanding the verses that are related to sexuality and gender relations.

This is carried out because the Qur'an descended upon the people of Arabia in the seventh century AD, where the sociological construct of the community had the perception and was constructed in such a way that culture discriminated against women. The arrangement that prevailed upon the community of Jazirah, in Arabia when the Qur'an descended upon them, was a system of patriarchy; a culture that was built with the domination of men at the top. Women in their culture were positioned as being very low and contemptible. The normality that can be noted from their culture concerning women is the killing of female babies, sexual assault of females (slaves), the abolition of the right for women to heir a throne, polygamy without restrictions, the divorce of women as the male pleases, and many more. Women at that time were no more than a reproduction machine for man, more like reproductive commodities.

Because of this, understanding the verses of the Qur'an should not only end by studying the text only, but must include readings within the socio-cultural context for when and where the text is shaped. To read the Qur'an concerning sexuality without reading and understanding the cultural construct of the society of Jazirah, Arabia at that time, will result in the loss of vision for emancipation, which, is implied in every meaning of the Qur'an.

We know that the position of women at that time was bad, so there is the belief that women are 'fitnah', weak, inherited evil, not intellectual and possess no spirituality, because of this women are not equal with men. The consequence is that women are considered to be unable and not suitable to bare public roles and all issues that are related to the public sphere. Women are to only look after, not to regulate, things in the domestic sphere.

Within the socio-cultural surface/plain, the Qur'an descended as an answer, an objection, and alternative moral value for the building of a just culture. It is true what was said by Fazlur Rahman that the Qur'an forms a response from God, which was conveyed by the prophet to receive the social-moral situation at the time of the Prophet. The Qur'an and the origins of the Islamic community appeared in a historical glow and were faced with the socio-historical background. The Qur'an forms a response to the situation mentioned and is a large section of the contents consisting from moral, social and religious declarations as a response to specific problems presented to them in a concrete situation.

As a duty the Qur'an recognises there are anatomical and biological differences between the sexuality of men and the sexuality of women. The Qur'an also recognises that the sexual organs function in a way to reflect the differences, which are overcome by the culture of the place where the Qur'an is being practiced. The Qur'an does not have the intention of wiping out the anatomical and biological differences, and does not also want to lose the significance of these differences. The Qur'an has never made cultural rules impact on sexual differences that would be carried out in a discriminative, subordinate or dominate way. Because the cultural establishment of this type would be in contrast with the function of the Qur'an itself, which has the universal characteristic of exceeding cultural borders of time and space.

In understanding this we discover the optimism of Islam via the Qur'an, is tendentious concerning freedom of women. These teachings appear as a revolt concerning the dominating male culture over women. Women are to be positioned equally to that of men. Both males and females in the face of God are the same: there life origins are the same, they are the same creatures created by God with the function of being God's servants. God honors them both equally as is seen with the metaphor referring to clothing that respectively is needed by and completes both sides; there is no perfection with out the presence of the other. Their differences in the face of God are the problems pertaining to the quality of work, good deeds, faith and following of commands, not because of their sexuality. The superiority given by God to one over another or to a male over a female is expressed in the letter al-Nisa 34 and is not the result of a more superior sex. It is because of the social functions that have already been constructed by the society's cultural development.

The prophet Muhammad together with the Qur'an was the first person in the region of Arabia to think about the process of change seriously. He became the foremost leader with the ability to articulate systematic theories and enter intelligence for the development of mankind, both with the level of spirituality as well as technically and pragmatically. Indeed his offer brought consequences of restructuring the society quite radically, especially in the direction of gender equality.#

The prophet Muhammad is a revolutionary, both in his expression as well as in his actions. He worked for radical change within the societal structure of the time. With the inspiration of the vision of God according to the theological formula, he proposed an alternative social level that was just and not exploitative or discriminative, as well as, opposing the slavery and inhumane tendencies towards women. Within this context, is it not true that we can call the prophet Muhammad a feminist?

"Marzuki Wahid was born on the 20th August 1971, in Cirebon, West Java, Indonesia. He completed his schooling at Babakan Ciwaringin Islamic bordering school, in Cirebon and continued it at al-Munawwir Krapyak Islamic bordering school in Jogjakarta. He graduated from a bachelor's degree in 1995, in the faculty of Shariah, from the University IAIN Sunan Kalijaga in Jogjakarta. At this time he was also studying a diploma at the University of Gajah Mada in the faculty of technology. He received a Masters degree from IAIN Syarif Hidayatullah Jakarta in 1998. Along with this, Mazuki also took part in the extension program STF Driyarkara Jakarta in 1999-2000. At present he is completing his doctorate in Islamic studies at IAIN Syarif Hidayatullah Jakarta. As well as being part of the teaching staff in the faculty of Shariah at IAIN Sunan Gunung Djati, Bandung, Marzuki is also a researcher for LAKPESDAM-NU in Jakarta.

Terakhir Diperbaharui ( Senin, 21 Februari 2011 09:24 )

Jihad - Tafsir 4th Edition

Recent events have brought us back to the (now popular) use of the word jihad. Its connotation remains the same: an act of physical violence, slaughter, killing and terror. Cases in the Moluccus, Poso and Afghanistan are several examples where the meaning of jihad does in fact have this connotation. When people talk about ‘jihad’ the immediate reaction or thinking, is of physical violence, sweeping and war. While it already part of the Indonesian vocabulary, it has it’s own meaning within the Arabic language along with its accompanying cultural differences. So, when the word jihad is talked about, images of people wearing long flowing white robes, white or green colored turbans, carrying a long sword and generally having a beard are what often appear in the eyes of the public. All of these things are what we tend to consider specific to Arabic dress.

The word jihad these days is often associated with Osama Bin Ladin. What’s more, because the word jihad can be found throughout the Koran we must remember it possesses a sacred religious meaning. Arabic culture has become sacred, with a sacred religion. Our community tends to be intoxicated by this thinking and does not have the ability to differentiate between cultural areas that are profane and religious areas that are sacred. The religion of Islam has been interpreted by Arabic culture. The word jihad these days holds specific connotations and it is rare that it will possess any other type of meaning other than that of a ‘holy war’. This however, degrades the true meaning of jihad.

Jihad in the Koran

The term ‘jihad’ is mentioned many times throughout the text of the Koran and in fact can be seen in around 41 verses of the Koran. The word itself originates from the Arabic words ‘juhd’ or ‘jahd’, meaning seriousness, maximal capability, and tiring efforts. From this word also comes the word ‘ijtihad’ (diligence or individual interpretation), but this word tends to be associated more with intellectual efforts and activities taken on a serious level. Within the terminology of Sufanism a well-known concept is ‘mujahadah’, an intense spiritual effort that may reach levels of ecstasy. People who fight in the path of God are known as ‘mujahid’ or ‘mujahidin’ (defenders of the faith).


In Islamic terminology, the meaning of jihad is in align with that of a struggle; where a humans complete potential and ability is used to achieve a specific goal. Generally the ‘goal’ of jihad is justness, goodness, glory and tranquility. According to Fakhr al-Din al-Razi, jihad has the aim of helping spread God’s religion, but can also mean to struggle/fight against the enemy.

In the majority of other verses, the term jihad contains a much broader meaning; that being struggle in all aspects of ones life. Jihad itself is the struggle of life and is not only a war with a sword or weapons against unbelievers or enemies. There is a verse pertaining to jihad concerning unbelievers but it does not have the meaning to take war out on them. The Koran says: “Therefore listen not to the unbelievers, but strive against them with the utmost strenuousness, with the Koran” (QS 25:52). For as long as the Prophet lived in the city of Mecca, he never carried out a war against unbelievers or polytheists, even though this verse explicitly mentions it. Concerning the pressures placed upon the Prophet and the Muslim people he said: “all of you be patient, because I do not command you to have a war”. The word changes to “bihi” in the verse mentioned above according to Ibnu Abbas with specific reference to the Koran. This means: “ to make jihad with the Koran”. With the command to have jihad against unbelievers, it is does not mean with the use of swords, but rather is an invite to wholeheartedly understand the messages that are in the Koran. Jamal Al Qasimi when interpreting this verse said: “face them with the challenge of an evidence backed argument in order for them to think about the great remarks from God”. In relation to the Koran verse al Nahl 125, concerning missionary endeavors (invitation to Islam), jihad has been commanded as a means of conveying philosophy (knowledge) and good advice, that can be discussed in a reasonable manner.

In the letter Luqman 15, the word jihad does not have the meaning of war: “but if they strive to make thee join in worship with me things of which thou hast no knowledge, obey them not; yet bear them company in this life with justice (and consideration), and follow the way of those who turn to me (in love): in the end the return of you all is to me, and I will tell you the truth (and meaning) of all that ye did” (Luqman: 15).

Jihad in this context does not have the meaning of war. Ibnu Katsir interprets the word jihad in this verse with the expression of “ but if they strive to make thee join in worship…”. In the letter al’Ankabut jaahadaaka is interpreted by Ibnu Katsir with “haradhaa ‘alaika” (to urge you).

The explanation above points out that jihad in the Koran contains the meaning of a moral and spiritual struggle. In classical Islamic times, this meaning was very popular. Post traditional Muslim thinkers have also introduced this meaning into their writings.

Jihad - War
Nevertheless it can not be denied, that jihad in the Koran can also mean a war or struggle in a violent way with the use of weapons and primarily targeted towards unbelievers. Indeed the majority of words are in Arabic and specifically point towards war; however, it must be looked upon with varying degrees of difference. Among these Arabic words are: qital, harb, siyar, and ghazwah. There are a large number of verses in the Koran that talk about war involving unbelievers, both with regards to the term jihad itself and also in regards to the word qital. For example: “Go ye forth, (whether equipped) lightly or heavily, and strive and struggle, with your goods and your persons, in the cause of God. That is best for you, if ye (but) knew” (QS 9:41). Almost all of the verses relating to war descended upon the Prophet following his flight from Mecca to Medina.

Looking at this fact, the meaning of jihad concerning war, looks as though it is not free from the background of the development of Islam. It appeared when Islam moved into a political struggle between Muslims and non-Muslims. What’s more, ‘Jihad Perang’ (jihad War) at the time of the Prophet in Medina was carried out more in the manner of defending ones self from aggression and violence. In many verses, war is not an Islamic initiative. The Koran opposes Muslims who stage war against people who are showing no aggression. “God only forbids you, with regard to those who fight you for (your) faith, and drive you out of your homes and support (others) in driving you out” (QS 60:9). On the contrary, concerning people who don’t want to fight you, the Koran proposes good and just behavior. “God forbids you not, with regard to those who fight you not for (your) faith nor drive you out of your homes, from dealing kindly and justly with them: for god loveth those who are just” (QS 60:8). Jihad-perang (jihad war) experienced an expansionist development that resulted as the increase of political strength in certain areas developed, which in political Islamic theory is known as Dar al-Islam, a region where Muslims have authority and Islamic law is applied. Dar al-Harb is a region where unbelievers and enemies are considered to be. In classical Islamic political theory, Dar al-Islam has the aim of grouping a region together in one nation and having it commanded by one power where the laws of Shari’ah Islam are carried out. This indicates that the concept of “negara universal” (universal nation) does not know its territorial limits. The criteria for citizenship is thus established based on ones religion. People who are unbelievers and within the Islamic political power region, are viewed as being ‘orang orang asing’ (foreigners).

It is interesting that jihad with the political and militaristic meaning appears in almost all of the books of the hadith. The domination of this meaning can also be seen in the classical books of fiqh . The word jihad with this understanding is often used in connection with ‘fisabilillah’ (in the path of God). This word (fisabilillah) according to fiqh experts has been given the same meaning as jihad. Four religious leaders agreed upon the meaning of ‘sabililah’ in the verse of the Koran discussing giving alms. According to these four religious leaders, soldiers who have fought against unbelievers should also be given alms.

So it seems, jihad with the political and militaristic discourse has already dominated Islamic expression. It is evident that this has, already influenced a number of classic Koran interpretation experts. Al-Suyuti for example, in Tafsir Jalalain, has concluded that the verses concerning jihad are also popular with the expressions such as ‘ayaat saif’ (verses with swords) or ‘ayaat al qital’ (verses of war) where within their contents is to command war against the unbelievers, without canceling the verses pertaining to peace. These ideas appear to be in close relation with the concept of pre-Islamic Arabic culture, where war among different ethnic groups was allowed. War between ethnic groups now has changed to war against the non-Muslim community. From here it seems fair to say that the Islamic civilization experienced degradation on a variety of levels following the death of the Prophet.

The trend in terminology for the use of jihad as mentioned, has been followed by contemporary Islamic political thinkers with the current stamp of ‘fundamentalists’ or ‘radicalists’, like Hasan al-Banna, founder of al-Ikhwan Al-Muslimun in Egypt and, among his students, Sayyed Quthb. Furthermore, Abi al’Ala al Maududi, founder of Jama’at Islamiyah, Pakistan. Al-Banna wrote the book Risalah al-Jihad. The content of the book is filled with the view that there is a necessity or requirement for Muslim people to stage war against the unbelievers. Sayyed Quthb in Ma’alim fi al-Thariq, emphasises the word jihad within a political understanding saying: “Jihad is a political revolutionary struggle, planned to defeat enemies of Islam, So that there is a possibility that Muslim people can implement Shariah Islam, which at present has been neglected and oppressed by the West and also oppressive regimes in the Muslim world itself”. Quthb adds that jihad is directed towards the freeing of individuals from non-Muslim political domination. He rejects the limitations of the understanding of jihad as a defensive war, as is the view of modernist Muslims. The same view can also be found by Al-Maududi. He has written about his views concerning this in two different books Al-jihad fi al-Islam and jihad fi Sabilillah.

The transformation of Jihad

Reformist Muslims have made an effort to return to the moral and spiritual understanding of jihad, in contrast to the view mentioned above. The universal Islamic paradigm according to reformist Muslims emphasises spiritual and moral visions. The transformation of the meaning of jihad like this has been formed by the impossibility of Muslim people these days to realise their own ideal goals; to establish a universal Islamic State. Jihad with the meaning of war, while still recognised, has conditional characteristics and in this framework is to defend oneself not only one’s religion. Sayyed Ahmad Khan, is an example of someone who discharges this interpretation of jihad. In his understanding (concerning the verses in the Koran), he conveys the view that Jihad is an obligation for Muslim people but only in cases of oppression and mistreatment.

Ahmad Khan’s question clearly displays a new view on the topic, where jihad is interpreted as being serious efforts to build a justice and pious state. Together with this, is the importance for the conclusion of Islam’s basic principles of equality and human justice. It can thus be said that a transformation is also needed concerning the terms “kafir” (unbeliever) and “musyrik” (polytheist). Kafir or Musyrik within this understanding, does not mean people who are not Muslim or idolaters, but, actors who carry out oppression, or the mistreatment of humans, nature and all of Gods creatures. From this, it is evident that Jihad is not directed towards non-Muslim followers or followers of other religions, but rather, against actors of violence, injustice and mistreatment. The principle of freedom clearly expressed in the Koran denies aggression concerning people who have a religion or belief whether it is a Jew, a Christian or whoever else. The history of the Prophets life in Medina is practical evidence of this principle.


Women and Jihad
The positioning of women within the domestic arena has developed by conservative Muslims and is similar to the view of the classic interpreters. While women can carry out activities in the public sphere, the activities have many limitations. All of the verses in the Koran, concerning women, have been read via texts and interpreted within Arabic culture, a culture that is patriarchal. One verse that often needs justification is that concerning the view that “men are the protectors and maintainers of women” (QS 4:34). This verse explicitly explains the subordinate position of women to that of men. Classic interpreters of the Koran position this verse as central to interpreting other verses related to women.

Furthermore, women are also viewed as weak and not as intellectual as men are. Questioning arises here regarding specific words of the Prophet Muhammad in a specific Hadith: “there are no other human beings more stupid or low in morale than that of woman, woman who can crush the heart of a male completely”. Jalal al-Suyuthi, a well know interpreter of the Koran, in al-Asybah wa al-Nazhair considers the weakness of women as something they must adhere to as simply being a female characteristic. In another meaning, it is claimed that weakness is inherent in all women. As a result of this, according to God, he has not burdened them (women) with the duties he has burdened men with, such as, praying together in the mosque. Underlying this is, that jihad-perang (jihad-war) only has an obligation to men not women, apart from those who have taken it on as an individual obligation. In another meaning, jihad-war is the collective obligation of all males. When a woman goes to the Prophet and asks about her involvement in jihad perang, he gives the answer: “Jihad perang is God’s obligation to all men”. Khathib Al Syarbaini in his interpretation al-Siraj al Munir, when interpreting the verse “li al-rijal nashib min maa iktasabu wa li al-nisa’ nashib min maa iktasabna” says: “men get merit because of jihad (war) and women obtain merit from their efforts to guard their honor (see Ta’liq wa takhirij syarh ‘Uqud al Lujain, pg 45).

The involvement of women in jihad-war at the time of the Prophet, according to classic views, was limited to the field of ‘helping’, or to ‘working generously for others’. For example, with injured fighters or soldiers, or to cook for and serve the needs of the soldiers. The role of women in jihad, in their view, was in the home; to look after their husband and their household. This view is also legitimated in the hadith of the Prophet: “Convey to all women that loyalty to their husband and their acknowledgement of their rights is equal to that of jihad”. While the Koran itself, does not define the act of jihad perang for males only, Fiqh experts have standardized this view with the opinion that women within their conditions of collective obligations are not obliged to partake in war because of they are too busy looking after their husbands. Wahbah al-Zuhaili, cites the opinion of many classical fiqh experts, stating that there are seven obligatory conditions for a person in order to carry out jihad these include being; Islam, adult, intelligent, freedom, male, physically healthy and to have talent (al Fiqh wa Adillatuh, pg 5851). There is a group of fiqh experts who also forbid women to participate in politics, because of their physically weak position and for their safety (in the eyes of males).

This view indeed becomes a subject of controversy, as a result of facts concerning history and war at the time of the Prophet. Many women, together with the Prophet, carried weapons on their shoulders and fought to their death and not just for the sake of becoming a member of PMI. Many of the Hadith texts mention this historical fact. All point out that the involvement or non involvement of women in jihad perang and in the political arena, is not the essential factor, the essential problem is based upon the social context which has arisen as a result of the decisions already mentioned. This is not a normative decision but rather a contextual, sociological, and historical one.

Considering this, Jihad within the understanding of a moral and spiritual struggle is jihad without violence and weapons, as can clearly be discovered in many verses of the Koran. The moral and spiritual struggle is a struggle to build justice, righteousness and piety in our lives. All of these topics are popular and are the nucleus for one’s life struggle; “amar ma’ruf nahi munkar”. The command of the Koran concerning this is not limited to males only but females as well. More conservative views however limit the role of women in jihad to the private sphere namely the family. The first view sees the paradigm of equality between humanity and justice as giving the opportunity to women to participate in jihad in all spaces; social, political, cultural and economical. Jihad builds equality and must be looked upon without discrimination, creating justice and erasing all forms of oppression, as a way for the human race to develop. This is the meaning of jihad, a form of God’s mercy that becomes the ideals of Islam.[]

___________________________

* K.H. Husein Muhammad was born on the 9th May 1953, in Cirebon, West Java, Indonesia. After finishing his schooling at Lirboyo Kediri Islamic Bordering school, East Java, he continued his studies at Perguruan Tinggi Ilmu Al-Qur'an in Jakarta (a tertiary institution specialising in studies of the Koran). He then went on to study at Al-Azhar University in Cairo, Egypt. He returned to Indonesia in 1983 to run and until now continues to run the Islamic bordering school Dar al-Tauhid Arjawinaangun in Cirebon, West Java. He is also very active in seminars and discussions concerning Islam and gender issues. He has written for the mass media and translated several books. Apart from his position as the director for discourse development at Rahima, he is also active with the non-government organisation 'Puan Amal Hayati'.

Terakhir Diperbaharui ( Rabu, 23 Februari 2011 05:55 )

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