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The Zakat must not be given for building mosques,[229] for funeral expenses, liquidating the debts of a deceased person, or to purchase a slave in order to set him free. It is not lawful to give the Zakat to parents or grand-parents, children or grandchildren; or for a husband to give it to his wife, or a wife to her husband; or a master to his slave.

The Sahibain[230] maintain that a wife can apply the Zakat to her husband's wants and quote this Tradition: "A woman asked the Prophet if she could give the Zakat to her husband. He answered 'give; such an act has two rewards, one for the giving of charity and one for the fulfilment of the duties of relationship.'" It should not be given to a rich man, nor to his son, nor to his slave. The descendants of Hasham and the descendants of the Prophet should not be the recipients of the Zakat. The Prophet said: "O Ahl-i-Beit (men of the house), it is not lawful for you to receive Zakat, for you get the one-fifth share of my fifth portion of the booty." So some say that Syeds are excluded; but they demur and reply that they do not now get a portion of the spoil of the Infidels. Zakat must not be given to a Zimmi (a non-muslim subject).

In Muhammadan countries there are officers whose duty it is to collect the Zakat; in India the payment is left to each person's conscience. Whilst there is not much regularity in the payment, due credit must be given for the care which Musalmans take of their poor.

The Sadqa (charitable offerings) form a different branch of this subject. A full account of it will be given in the section of the next chapter which treats of the 'id-ul-Fitr.

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5. THE HAJJ.--The Hajj, or pilgrimage to Mecca, is a farz duty, and he who denies this fact is considered to be an infidel. "The pilgrimage to the temple is a service due to G.o.d from those who are able to journey thither: and as to him who believeth not--verily G.o.d can afford to dispense with all creatures." (Sura iii. 91, 92.) On the authority of Ibn 'Abbas the following Tradition has been handed down. "The Prophet said: 'G.o.d has made the Hajj farz.' Then Aqra' bin Habis, standing up, said: 'O Prophet is it to be made every year?' His Excellency said: 'If I say--yes, it will be a wajib duty to do it annually; but that ye are not able to bear, so the Hajj is necessary only once; whatever pilgrimage may be made to Mecca in addition is nafl.'"

The Hajj must be made by every free Muslim, who is sound in body, and of full age, when he has sufficient means to pay his expenses, after duly providing for the support of his household till his return. If a slave, or a child should make the Hajj, the former on attaining freedom, and the latter on coming of age must again go on pilgrimage. If a woman, whose residence is at a distance of more than three days' journey from Mecca, goes on pilgrimage, she must be accompanied by her husband or by a near relative. Imam As Shafa'i denies the necessity of such attendance, stating that the verse already quoted makes no such restriction. His objection is, however, met as usual by a Tradition. "A certain man came to the Prophet and said: 'My wife is about to make the Hajj, but I am called to go on a warlike expedition.' The Prophet said: 'Turn away from the war and accompany thy wife in the Hajj.'" Imam Abu Yusuf considered that a man who possessed the means should go to Mecca, and held that if he delayed more than a year in making the Hajj he was a sinner. Imam Muhammad, and most others think that a person may postpone the Hajj for some years, but if death should overtake the man before he has made {224} the pilgrimage, he will be accounted a sinner. So practically all agree that delay is dangerous.

Connected with the Hajj there are three actions which are farz, and five which are wajib; all the rest are sunnat or mustahab. The farz requisites are: (1) to wear no other garment except the Ihram,[231] two seamless wrappers, one of which is worn round the loins, the other thrown over the shoulder; (2) to stand in 'Arfat; (3) to make the Tawaf, that is to go round the K'aba seven times.

The wajib duties are: (1) to stay in Muzdalifah; (2) to run between Mount Safa and Mount Marwah; (3) to perform the Rami-ul-Jamar, or the casting of the pebbles; (4) if the pilgrims are non-Meccans they must make an extra Tawaf; (5) to shave the head after the pilgrimage is over.

The Hajj must be made at the appointed season. "Let the pilgrimage (Hajj) be made in the months already known." (Sura ii. 193). These months are Shawwal, Zu'l-q'ada, and the first ten days of Zu'l-Hajja. The actual Hajj must be in the month Zu'l-Hajja, but the preparations for, and the niyyat, or intention of the Hajj can be made in the two preceding months. The 'Umrah, or ordinary pilgrimage, can be done at any time of the year except on the ninth, and four succeeding days of Zu'l-Hajja. On each of the various roads leading to Mecca, there are at a distance of about five or six miles from the city stages called Miqat. The following are the names.

On the Madina road, the stage (manzil) is called Zu'l-Halifah; on the 'Iraq road, Zat-i-'Arq; on the Syrian road, Hujfah; on the Najd road, Qarn; on the Yaman road, Yalamlam.[232]

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The Hajis from all parts of the Muslim world at length arrive weary and worn at one of these stages. They then divest themselves of their ordinary clothing, and after a legal ablution, and after saying a Namaz of two nafl rak'ats they put on the Ihram. The Haji, having now really entered upon the Hajj, faces Mecca and makes the niyyat (intention), and says: "O G.o.d, I purpose to make the Hajj; make this service easy to me and accept it from me." He then says the Talbiyah[233]: "Here I am! O Allah! Here I am! Here I am! There is no G.o.d but Thee! Truly, praise and bounty, and the kingdom are to Thee! No partner hast Thou! Here am I!"

The persons who reside permanently in any of these Miqat can a.s.sume the pilgrim's garb in a place called Hal, near to Mecca, or in the city itself; whilst the inhabitants of Mecca can put on the Ihram in the precincts of the temple.

The Haji having a.s.sumed the Ihram must now abstain from worldly affairs, and devote himself entirely to the duties of the Hajj. He is not allowed to hunt, though he may catch fish if he can. "O Believers, kill no game while ye are on pilgrimage." (Sura v. 96). The Prophet also said: "He who shows the place where game is to be found is equally as bad as the man who kills it." The Haji must not scratch himself, lest vermin be destroyed, or a hair be uprooted. Should he feel uncomfortable, he must rub himself with the open palm of his hand.[234] The face and head must be left uncovered, the hair on the head and beard unwashed and uncut. "Shave not your heads until the {226} offering reach the place of sacrifice." (Sura ii, 192). On arriving at an elevated place, on descending a valley, on meeting any one, on entering the city of Mecca or the Musjid-ul-Haram[235] the Haji should continually repeat the word "Labbaik, Labbaik."

As soon as he sees the K'aba[236] he must say the Takbir and the Tahlil.

The Traditionist 'Ata says that at this stage the Prophet used to lift up his hands and pray.

On entering the enclosure, the Haji says the Labbaik, Takbir and the Tahlil, then a Du'a. A Namaz of two rak'ats is then said at the station of one of the four great Imams. On arriving near the Hajr-ul-Aswad (black stone) the Haji again says the Takbir and the Tahlil, after which he kisses the stone. If, on account of the crowd, he cannot get near enough to do this, he must touch it with his hand or with a stick, and kiss that with which he has thus touched the stone. At the same time he says: "O Allah, (I do this) in Thy belief, and in verification of Thy book, and in pursuance of Thy Prophet's example--may Allah bless and preserve him. O accept Thou my supplication, diminish my obstacles, pity my humiliation and graciously grant me Thy pardon." Then he again repeats the Takbir and the {227} Tahlil, the Darud and the Tahrif (prayer for, and praise of Muhammad). He then encompa.s.ses the K'aba seven times, in accordance with the niyyat he had made, thus: "In the name of Allah, and Allah is Omnipotent! I purpose to make the circuit seven times."[237] This is called the Tawaf. The Haji runs round three times at a rapid pace (Tarammul), and four times he proceeds slowly (Taammul). A permanent resident in Mecca will not perform the Tawaf. The Haji then presses his stomach, chest and right cheek against the portion of the K'aba wall, called Al-Multazim, and raising up his arms on high says: "O Allah, Lord of the Ancient House, free my neck from h.e.l.l-fire, and preserve me from every evil deed; make me contented with that daily bread which Thou hast given to me, and bless me in all Thou hast granted!" He then says the Istigfar--"I beg pardon of Allah, the Most High, the Living, the Eternal, and to Him I repent."

The Haji next proceeds to the Maqam-i-Ibrahim[238] (place of Abraham) and then recites two rak'ats[239] called Sunnat-ut-Tawaf. Some water from the sacred well Zemzem is then drunk, after which the Haji returns to the Hajr-ul-Aswad, and again kisses it.

Haji Burton thus describes one shaut or circuit:--

"We began the prayer 'O Allah (I do this) in Thy belief and in verification of Thy Book, and in faithfulness to Thy covenant and after the example of Thy Prophet Muhammad. May Allah bless and preserve him!'

till we reached the place Al-Multazim, between the corner of the black stone and the K'aba door. Here we e.j.a.c.u.l.a.t.ed, 'O Allah, Thou hast rights, so pardon my transgressing them.' Opposite the door we repeated, 'O Allah, verily the house is Thy house, and the sanctuary Thy sanctuary, and the safeguard Thy {228} safeguard, and this is the place of Him who flees to Thee from (h.e.l.l) fire.' At the building called Maqam-i-Ibrahim, we said: 'O Allah, verily this is the place of Abraham, who took refuge with, and fled to Thee from the fire! O deny my flesh and blood, my skin and bones to the (eternal) flames.' As we paced slowly round the north or Irak corner of the K'aba we exclaimed, 'O Allah, verily I take refuge with Thee from polytheism, and disobedience, and hypocrisy, and evil conversation, and evil thoughts concerning family, and property and progeny.' When we pa.s.sed from the Mizab, or spout, we repeated the words, 'O Allah, verily I beg of Thee faith which shall not decline, and a certainty which shall not perish, and the good aid of Thy Prophet Muhammad--may Allah bless and preserve him! O Allah, shadow me in Thy shadow, on the day when there is no shadow by Thy shadow; and cause me to drink from the cup of Thy Prophet Muhammad--may Allah bless and preserve him--that pleasant draught, after which is no thirst to all eternity, O Lord of honour and glory.'

Turning to the west corner, or the Rukn el Shami, we exclaimed: 'O Allah, make it an acceptable pilgrimage, and a forgiveness of sins, and a laudable endeavour, and a pleasant action (in Thy sight), and a store which perisheth not, O Thou Glorious, O Thou Pardoner!' This was repeated thrice, till we arrived at the Yemani, or southern corner, where the crowd being less importunate, we touched the wall with the right hand, after the example of the Prophet, and kissed the finger-tips. Between the south angle and that of the black stone, where our circuit would be completed, we said: 'O Allah, verily I take refuge with Thee from infidelity, and I take refuge with Thee from want, and from the tortures of the tomb, and from the troubles of life and death.

And I fly to Thee from ignominy in this world and the next, and implore Thy pardon for the present and the future. O Lord, grant to me in this life prosperity, and in the next life prosperity, and save me from the punishment of fire.'"

The next important step is the running between the Mounts Safa and Marwah.

Starting from the former, the Haji runs seven times between the two summits. He runs, moving the shoulders, and with head erect, like soldiers charging in battle. The reason for this is, that the infidel Meccans mocked the Companions of the Prophet, and said that the climate of Madina had made them weak. This bold way of running was adopted to disprove the {229} calumny and so has become a Sunnat practice. The prayer to be said during the S'ai (running) is: "O my Lord, pardon and pity, and pa.s.s over that (sin) which Thou knowest. Verily Thou knowest what is not known, and verily Thou art the most Glorious, the most Generous. O, our Lord, grant us in both worlds prosperity, and save us from fire." The Haji should also quote pa.s.sages from the Quran. This S'ai must be done after an important Tawaf, either the first, or a later one. On the seventh day the Imam must preach in Mecca, and instruct the pilgrims in the ritual of the Hajj. He preaches again on the ninth and eleventh days.

On the eighth day, (Ruz-i-Tarwiah), the Haji goes to Mina, a place three miles distant from Mecca, where with all the other Hajis he says the usual Namaz, and there spends the night.[240] This is a sunnat observance. On the morning of the ninth day, starting after the Salat-ul-Fajr, the Haji goes to 'Arifat.[241] On arriving there he says: "O G.o.d, I turn to Thee, I put my trust on Thee, I desire Thee, pardon my sin, accept my Hajj, show mercy to me, supply my need in 'Arifat, Thou art powerful over all." He then says Labbaik, the Takbir and the Tahlil.

The noontide, and the afternoon Namaz are said together there: they are thus shortened.[242] This done he should stand upon the mountain, if possible at or near the place the Prophet {230} is said to have occupied.

This is called the Wukuf or (standing), a necessary part of the Hajj. He must also listen to the sermon delivered by the Imam, explaining what still remains of the ritual of the Hajj, _i.e._, how the Hajis are to stand in Muzdalifah, to throw the stones in Mina, to make the sacrifice, &c.

All the time the Haji should constantly shout out the Talbiyah, and the Tahlil, and weep bitterly.

The Haji then proceeds to Muzdalifah, a place situated about half-way between Mina and 'Arifat, where he should pa.s.s a portion of the night.

After a visit to the Mosque Mashar al Haram, he should collect seven pebbles and proceed to Mina.

When the morning of the tenth day, the 'id-ul-Azha arrives, he again goes to Mina, where there are three different pillars, called respectively the Jamrat-ul-Akabah, commonly known as the Shaitan-ul-Kabir[243] (great devil), the Wusta, or middle pillar, and the Al Ula, or first one. Holding the jamar, or pebble, between the thumb and forefinger of the right hand, the Haji throws it a distance of not less than fifteen feet and says: "In the name of Allah, and Allah is Almighty, (I do this) in hatred of the Fiend and to his shame." The remaining six stones are thrown in like manner. The object is to confound the devils who are supposed to be there.

The stones are small lest the pilgrims should be hurt. Before each stone is thrown the Takbir must be said. This ceremony is called Rami-ul-Jamar, the throwing of stones. It is also known as Hasal Khazaf. It is said that this ceremony has been performed since the time of Abraham, and that the stones are miraculously removed. Ibn 'Abbas, a Companion, says that if the pilgrimage of a Haji is approved of by G.o.d, the stones are secretly removed. Mujahid, a well known Traditionist, {231} says that he put a mark on his stones and afterwards searched, but found them not. The pilgrim then returns to Mina, and there offers the usual sacrifice of the 'id-ul-Azha.

An account of this will be given in the next chapter. This act strictly speaking, concludes the Hajj. The Haji can now shave his head, pare his nails and remove the Ihram.

The remaining three days, the 11th, 12th and 13th of Zu'l-Hajja are called the Aiyam-ut-Tashriq "days of drying flesh" because now the pilgrims prepare provisions for the return journey, by cutting slices from the victims offered in sacrifice and drying them in the sun. The Haji should spend this time at Mina, and each day throw seven pebbles at each of the pillars. This ceremony duly over, he returns to Mecca and makes the Tawaf-ul-Wida' (circuit of farewell). He should also drink some water from the well of Zemzem. Tradition says that when Ishmael was thirsty Gabriel stamped with his foot and a spring gushed forth. This is now the far-famed well Zemzem. Finally, the Haji kisses the threshold, and then, with hands uplifted laying hold of the covering of the K'aba, and weeping bitterly, he prays most humbly, and expresses regret that he will soon have to depart from a place so dear as the sacred K'aba. Retiring backwards, he makes his exit and the Hajj is complete.[244] The Umrah or little pilgrimage can be made at any time except the eighth, ninth and tenth of Zu'l-Hajja. It is usually done before pilgrims start homewards. Its ceremonies differ but slightly from the Hajj. The Ihram must {232} be put on, and the obligations of abstinence which it entails must be observed.

The usual course is then to make the Ziarat, or visit to the tomb of the Prophet at Madina. Henceforth the pilgrim a.s.sumes the honorable t.i.tle of Haji and so is, ever after, a person of some consequence among the community in which he dwells. The Hajj cannot be performed by proxy, though it is esteemed a 'good work,' if someone who can afford it, sends a pilgrim who otherwise could not go.

This account of the Irkan-i-din, or five pillars of religion, must now draw to a close. They ill.u.s.trate well the fixed and formal nature of Islam, whilst the constant reference to the Prophet's sayings and practice, as an authority for many of the details, shows how largely Islam is based on the Sunnat. With regard to the differences of opinion which the great Imams hold on some of the details, it is most difficult to decide which side holds the correct view. Such opinions are always based on some Tradition, the value of which it is impossible to determine. The opponent says it is a weak (z'aif) Tradition--a statement it would puzzle any one to prove or to disprove. It is sometimes said in praise of Musalmans that they are not priest-ridden; but no people in the world are so Tradition-ridden, if one may use such an expression. Until this chain of superst.i.tion is broken there can be no progress and no enlightenment; but when it is so broken Islam will cease to be Islam, for this foundation of the Faith and the edifice erected on it are so welded together that the undermining of the one will be the fall of the other.

{233}

NOTE TO CHAPTER V.

_The following Fatva was publicly given in the Great Mosque, Triplicane, Madras, February 13th, 1880._

In the name of G.o.d, the Compa.s.sionate, the Merciful.

QUESTION.

"O 'Ulama of the religion, and Muftis of the enlightened Law, what is your opinion in this matter? A person having translated a juz (one-thirtieth part) of the n.o.ble Quran into the Hindustani language has printed it. The translation is defective: moreover the Arabic text is not given. In order to give the translation the same authority as the original, he has retained the usual signs and marks of the Arabic editions; such as--toi, qif, jim, la, mim, and (.).[245] At the end of the juz he has added a translation of the Tashshahud, Qanud, Sana, Ta'awwuz, Tasmi, Tashibat, ruku' and Sujud, and has said that all these must be read in Hindustani. He further states that in the translation he has retained the rhythm of the original, and that in eloquence and style it is equal to the Arabic. He has also added rubrical directions as to the ritual of the Namaz, and has stated that to those who do not know Arabic, it is a wajib and a farz duty to recite the translation; otherwise they commit sin and the Namaz is vain. As regards the past, he considers that the ignorant are forgiven, but he maintains that the 'Ulama of these days must answer for the neglect they show in not telling the people to use translations of the Quran. Further, in support of his views he adduces a Hadis-i-Sahih, according to which the Prophet said to a Companion, Salman-i-Farsi: "Read a translation of the Quran in the Namaz." He claims, as on his side, the four great Imams.

He himself understands Arabic, yet he says his Namaz in Hindustani and influences others to do likewise. He has been spoken to, but he takes no heed and strives to spread his sect all over India.

Now, what is the order of the n.o.ble Law with regard to such a person, and what is the decree in the case of those who follow {234} him, or who circulate his opinions, or who consider him a religious man and a guide, or who consider the translation to which reference has been made to be the Holy Quran, or who teach it to their children? O learned men, state the Law in this matter and merit a good reward."

THE ANSWER.

"After praising G.o.d, and after imploring His mercy and peace on Muhammad, be it known that the person referred to is an infidel, an atheist and a wanderer from the truth. He also causes others to wander.

His a.s.sertion that his opinions are in accordance with those of the four Imams is utterly false, because according to Imam Shafa'i, Imam Malik, and Imam Hanbal it is illegal to use a translation of the Quran when saying the Namaz, whether the worshipper is ignorant of Arabic or not. Thus Imam Navari, a disciple of Shafa'i says: "It is unlawful in any case to use Persian[246] in the Namaz." Faqi 'Ali, a disciple of Malik says: "Persian is unlawful." To these opinions Kafi, a disciple of Hanbal adds his testimony: "To recite in the Namaz from a translation of the Quran is unlawful." Moreover from the Quran itself, the recital of it in Arabic is proved to be a divine command (farz).

The term Quran, too, means an Arabic Quran, for G.o.d speaks of it as a revelation in Arabic. The words "recite so much of the Quran as may be easy to you" prove the duty of reciting it; whilst the words "an Arabic Quran have we sent it down" show that the Quran to be used is an Arabic one. Imam Abu Hanifa and his disciples, the Sahibain (Imam Muhammad and Imam Abu Yusuf), consider that, if a person can recite only a short verse in Arabic, it is not lawful for such an one to use a translation.

If he cannot read the Arabic character, he must learn by heart such a sentence as "Praise be to G.o.d, Lord of the people." Until he learns this he may use a translation.[247] In the Tanwir-ul-Absar it is written: "It is a farz duty to read one verse, and to learn it by heart is farz-i-'ain" (_i.e._, inc.u.mbent on all). In the Masih-ul-Azhar it is written: "If a person says the Namaz in a language other than Arabic, he is a madman or an atheist." With regard to the statement made by Imam Abu Hanifa that a person might use for a {235} time a translation, it is well known that he afterwards recalled that opinion. The statement made by the person complained of regarding Sulman-i-Farsi is not correct. In the Nihayah (commentary on the Hidayah) it is written that some Persians wrote to Sulman, and requested him to send them a Persian translation of Surat-ul-Fatiha. He complied with their request and they used it in the Namaz, _until they could p.r.o.nounce Arabic properly_. The Prophet on hearing of this circ.u.mstance made no remark.

This account, however, is not trustworthy; but granting that it is true, all that it proves is that, until some Arabic words can be remembered, a translation may be used. No Imam has ever allowed that to read a translation is farz or wajib. So if the person referred to says that it is farz to read his own translation, then it follows that to read the original Arabic will not be farz, but will be unlawful. Now such an opinion is infidelity. The person is a Kafir, for he tries to make out that the 'Ulama of all preceding ages who have instructed the people, from the days of the Prophet till now, to read Arabic in the Namaz are sinners. Further, he rejects the statement made by learned canonists and listens now to no advice. He reads his translation in the Namaz and causes others to read it. He boasts that his translation is equal in style to the original. He has translated the Du'a-i-qunut, Sana, and the Tasbihat of the ruku' and Sujud, and has said that these translations should be used in the Namaz. Thus, it is plain that he wants to abolish the use of Arabic in the prayers. The result of such a course would be that soon a number of different translations would be circulated, and the text like that of the Taurait, and the Injil would be corrupted. In the Fatawa-i-'alamgiri it is written: "Whosoever considers that the unlawful is lawful or _vice versa_ is a Kafir." "If any one without apparent cause has enmity with one of the 'Ulama, his orthodoxy is doubtful." "A man who after committing a fault declines to repent, though requested to do so, is an infidel." In the Tahqiq-i-Sharh-i-Husaini it is written; "To translate the Quran into Persian and to read that is unlawful." In the Fatawa-i-Matlub-ul-Muminin it is said: "Whosoever intends to write the Quran in Persian must be strictly forbidden." In the Itqan it is written: "According to Ijma', it is wrong to speak of the Quran as having rhymes."[248] In the Fatawa-i-Tatar Khania it is said: "To translate the Arabic into Persian is an act of infidelity."

Our decision then is that the usual salutations should not be made to this person. If he dies he must not be buried in a Musalman {236} cemetery. His marriages are void and his wives are at liberty, according to the rule laid down in the Miftah-us-S'adat. To doubt of the infidelity of such a person is itself infidelity. As by the proofs of the law here adduced, the 'Ulama have declared such a person to be an infidel, it follows that all those who a.s.sist him or who consider his claim just, or who circulate his opinions, or who consider him to be a religious person and a fit guide for men, are also infidels. To send children to be taught by him, to purchase newspapers which advocate his views, and to continue to read his translation is unlawful. In the Fatawa-i-'alamgiri in the chapter ent.i.tled Murtad it is written: "Whosoever has doubts of the present infidelity and of the future punishment of such an one is an infidel." G.o.d says in the Quran: "Be helpful to one another according to goodness and piety, but be not helpful for evil and malice; and fear ye G.o.d." (Sura v. 3). In another place G.o.d says: "Whosoever acts not according to G.o.d's order is an infidel." Now, what greater disobedience can there be than this, that a person should say that the recital of the Arabic Quran in the Namaz is not lawful, and that the recital of his own Hindustani translation of it is inc.u.mbent (farz).

"Our duty is to give information to Musalmans, and G.o.d is the best Knower."

This was written by a learned Moulvie, and signed by twenty-four other leading Moulvies of the city of Madras.

This Fatva, an authentic copy of which is in my possession, is of very considerable importance as showing how unyielding the law of Islam is to the varied circ.u.mstances of the countries in which it exists. The law enjoining the Arabic language as a medium of worship was suited for the Arab people, and the principle involved would seem to be that the vernacular language of a country should be used by the Muslims of that country for the purposes of devotion; but, as I have repeatedly shown, precepts, not principles are the ruling power in Islam. It further demonstrates that all such matters must be regulated, not by the needs of the age or country, but by an antiquated law which, to say the least, is an anachronism in the world's history. The authority paid to the statements made by the four chief Imams, and the fact that the Fatva is based on their decisions, and on previous Fatvas in which their authority has been adduced, show how even to the present day they are regarded as the Mujtahidin of Islam. The Fatva is thus manifestly orthodox, and corroborates most fully all I have said in the first chapter on the "Foundations of Islam."

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