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Introduction
Many people overstep the mark and apply the
term 'social system' to all systems of life. This is an erroneous
application; given that the systems of life befit more to be called the
'systems of society' since in reality that is what they constitute, as they organise
the relationships which arise between a people living in a particular
society regardless of their meeting or separation. The meeting of people is
not considered, what is noted is only the relationships ('Alaqat).
Consequently, they will be diverse and differ according to the different
relationships. They include economics, ruling, politics, education, penal
code ('Uqubat), societal transactions (Mu'amalat) and the rules of
(testimonial) evidences (Bayyinat) etc.
Thus, the application of the term 'social system' to all of these
relationships is meaningless and inapplicable. Besides, the word 'social' is
a description of a system, thus the subject matter of this system should be
the organisation of the problems arising from the meeting (of people) or the
relationships that arise from people meeting together. The meeting of a man
with a man and a woman with a woman does not require a system because no
problems arise from it, nor do relationships arise which require a system.
The organisation of their interests only requires a system in view of the
fact that they live in the same country even if they did not meet. As for
the meeting of a man with a woman and vice versa, it is from this meeting
that problems and relationships arise which need to be organised by a
system. Thus, this meeting (Ijtima') befits more to be designated as the
social system, because in reality it is this system which organises the
meeting between men and women, and the relationships which arise from such
meetings. That is why the social system is confined to the system which
demonstrates the organisation of the woman's meeting with the man and vice
versa, and organises the woman's relationship with the man and vice versa.
Thus the social system addresses the relationships that result from men and
women meeting and not from their interests in society, and it clarifies all
that branches out from this relationship. Thus, trade between men and women
pertains to the systems of society and not to the social system, because it
falls within the economic system. As for the prohibition of (Khalwa)
seclusion between men and women, or when a woman has the right to instigate
divorce for herself, or who has the right of custody for a child, all of
these issues pertain to the social system. Therefore, the social system is
defined as: the system which organises the meeting of a man with a woman and
vice versa and organises the relationship which results from their meeting
and all that branches out from this relationship.
Peoples' conception, especially the Muslims, of the social system in Islam
became extremely confused. Their understanding became far removed from the
reality of Islam due to their alienation from its thoughts and rules. They
went to the extreme, holding the view that a woman has the right to be in
seclusion (Khalwa) with a man as she wished, or that she can go out with her
'Awrah uncovered wearing whatever she pleased. Others went far to the other
extreme taking the view that women do not have the right to practise trade
or meet with men under any circumstances, and viewed the whole of the
woman's body as 'Awrah including the hands and face. Due to this extremism
there was degeneration of morals and a stagnation of thinking (Tafkeer). The
results of all this has been the break up of the social aspect, unrest
within the Muslim family, the prevalence of dissatisfaction and discontent
amongst family members, and numerous disputes and divisions between its
individuals.
The need to unite the family and to ensure its happiness was felt by all
Muslims, and the search for a solution to this serious problem occupied the
minds of many people. Different attempts of various sorts appeared to
present such solutions. Many books were written demonstrating the societal
solution and amendments were made to the laws of the Shari'ah courts and
electoral systems. Many tried to apply their views on their families in
terms of their wives, sisters and daughters. Changes were made to the
school system with regards to the mixing of boys and girls. Thus, these
attempts continued to appear in these and similar guises. However, none of
them could succeed in finding a solution, or come with a system or find a
method to implement what they conceived as reform (Islah). This is because
the issue of the relationship between the two sexes became obscure in the
minds of many Muslims. They were unable to comprehend the way in which the
two genders can co-operate with each other, even though the well being of
the Ummah stems from this co-operation. They were completely ignorant of the
thoughts and rules of Islam, which relate to the meeting of the man and the
woman. This led them to discuss and debate over the means of treatment,
avoiding the study of its reality, until as a consequence of their attempts
anxiety and confusion increased. A chasm began to exist in society due to
which grew a concern for the entity of the Islamic Ummah, in its capacity as
an Ummah with distinct characteristics. It was feared that the Muslim
household would lose its Islamic character, and the Muslim family would lose
the guidance of the thoughts of Islam, and stray from valuing its rules and
thoughts.
As for the cause of this confusion, and deviation from the correct
understanding, it is attributable to the crushing onslaught of Western
culture. Western culture completely dominated our thinking, tastes , changed
our concepts (Mafahim) about life, the criteria (Maqayees) for
things and our convictions (Qana'at) which used to be deep rooted
within us, such as our concern for Islam and our veneration for the things
we hold to be sacred. Thus, the victory of western culture over us was
comprehensive - encompassing all sectors of life amongst which was the
social aspect.
This happened because when the western culture emerged in Muslims countries,
together with its material forms and materialistic advancements, many were
dazzled by it. Consequently they tried to adopt this culture because those
material forms, produced by the followers and advocates of this culture,
were seen as a sign of progress. That is why they tried to imitate western
culture without distinguishing between this western culture and its
material forms. They did not comprehend that culture constitutes a
set of concepts about life and a specific way of living while civilisation (Madaniyya)
denotes the material forms, or tangible objects, in life, irrespective of
concepts about life or the way of living. They did not realise that western
culture was founded upon a basis which contradicts the basis of Islamic
culture, and that it differs from the Islamic culture in its perspective
about life and its understanding of happiness (Sa'ada), for which man
strives to achieve. The inconceivability of the Islamic Ummah taking from
western culture was not apparent to them. Nor was the fact that it is not
possible for any community of the Islamic Ummah, in any country, to adopt
this culture and remain part of the Islamic Ummah or to continue to be
described as a Muslim community.
Their lack of awareness of the intrinsic difference between the Islamic and
Western cultures led to transference and imitation. Many Muslims attempted
to transfer western culture without understanding it, like the one who
copies a book restricting himself just to the writing of words and letters.
Some began to imitate western culture by adopting their concepts and
criteria without reflecting on the effects and consequences of such
adoption. These people noticed that women in western societies stood
alongside men without differentiation and without concern for the
consequences that would entail. They also noticed that the material forms
were manifested in western woman and she manifested them, so they imitated
her or tried to imitate her without realising that these forms agreed with
the western culture, its concepts about life, and its depiction of life
which contradict with the culture of Islam, its concepts about life, and its
depiction of life. They did this without the slightest consideration for
what these forms manifested in her and by her, and what they entailed in
terms of issues. Yes, they witnessed this and consequently believed that
Muslim women should stand alongside men in society and meet with them,
regardless of the consequences. They thought that western material forms
should be manifested in Muslim woman, and she should manifest western
material forms, irrespective of what they entailed in terms of problems and
issues. Therefore, they called for securing the personal freedom of Muslim
woman and granting her the right to do whatever she wished. As a result of
this they called for the mixing of men and women even when a need did not
exist, and they called for women to reveal their charms and beauty, and for
women to take up positions of ruling. They viewed this as progress and as a
sign of revival.
What made things worse was that the imitators gave themselves complete free
reign over personal freedom, until a woman would directly contact a man just
for the sake of contact, and for the enjoyment of personal freedom. This was
without a reason which necessitated contact, and without the need in society
for such mixing. This contact between the sexes was made for the sake of
socialising and merely for the enjoyment of personal freedom. The evil
effect that this faction of imitators who embarked on applying such ideas
had was that the relationship between a man and a woman became solely
restricted to a male-female relationship. The evil effect of this faction,
spread to the other factions in society. This contact did not produce any
form of co-operation between men and women in any sphere of life. On the
contrary what resulted from it was moral degeneration, such as woman
displaying their charms and adornment to people other than their husbands or
mahram men. Amongst Muslims other results were the deviation from the
correct way of thinking, corruption in their taste, mistrust and destruction
of the criteria (for actions). The social aspect in the West was taken as
the ideal model and western society was taken as a benchmark (Miqyas)
without considering the fact that western society does not care about
extra-marital sex and does not see in it any shame, defamation or breach of
the correct and acceptable behaviour, nor any violation or threat to
morality. They did this without noticing that Muslim society fundamentally
disagrees with it and completely contradicts it. This is because the Islamic
society considers the extra-marital relationship as one of the grave sins (Kaba'ir)
for which there is severe punishment; either flogging or stoning to death.
It also considers the one who commits this sin as an outcast, and a deviant
who is looked upon with loathing and contempt. It as well, sees it as
axiomatic that honour should be protected and it is one of the issues that
is not open to discussion or debate, an issue for the defence of which
wealth and lives should be sacrificed willingly and with zeal, without any
excuses.
Indeed, those transferors and imitators did not consider the difference
between the two societies and the huge disparity between the two positions
just as they did not consider what the Islamic life made incumbent on them
and what the Shari'ah rules demanded of them. They rushed headlong in the
pursuit of transference and imitation until the call for woman's revival
dressed with licentiousness (Ibahiyyah) and indifference to the
characterisation of morally reprehensible behaviour. In this manner those
transferors and imitators continued to destroy the social aspect in Muslims
life in the name of reviving women and under the pretext of working to
revive the Ummah. However, in the beginning, such people were a minority and
the Ummah did not initially accept their call. After the capitalist system
was implemented in the Muslim countries and they were ruled by the
disbelieving colonialists and then by their agents who followed blindly
their direction, the minority was able to influence and bring most people in
the cities, and some of the inhabitants of the villages, to proceed along
the path they had taken. So they started to transfer from and imitate
western culture until the Islamic character was erased from many quarters of
Muslim cities. There was no difference between Istanbul and Cairo or between
Tunis and Damascus. Nor was there a difference between Karachi and Baghdad
or Al- Quds and Beirut. All of them proceeded on the path of transferring
and imitating western culture.
It was natural for a group from amongst the Muslims to rise up and struggle
against these thoughts. It was inevitable that a great number of people from
the Muslim countries would set about to fight these ideas. So a group or
rather groups were formed which called for the obligation of protecting
Muslim women and safeguarding the virtues in society. However, they did this
without understanding the systems of Islam nor were the Shari'ah rules clear
to them. They accepted interest (Maslaha), as perceived by the mind, as a
basis for study and as a criterion for judging ideas and matters. They also
called for the preservation of customs and traditions. They called people to
hold on to morals, without comprehending that the basis is the Islamic
'Aqeeda and that the criterion is the Shari'ah rules. Blind fanaticism
concerning the Hijab of women reached the point where they advocated
restrictions against or over women, not giving them permission to leave
their house, or to undertake the fulfilment of their needs, or pursue
matters themselves. Later jurists (Fuqaha) ascribed five types of
'Awrah(dress code) to women: 'Awrah in prayer, 'Awrah when in the presence
of male mahrams, 'Awrah when in the presence of foreign (non mahram) men,
'Awrah when amongst other Muslim women and 'Awrah amongst non-muslim women.
According to this they called for the total segregation (Hijab) of women
preventing them from seeing or being seen by anyone. They called for barring
the woman from pursuing life's activities. So they maintained that she
should be banned from practising her right to vote by excluding her from
holding an opinion about politics, ruling, economics or society. So they
stood between her and life until they thought that some verses had came to
address men to the exclusion of women. They gave the hadith of the Prophet
about his shaking the hands of woman in the Bay'a, his ahadith about the
'Awrah of women and his societal transactions (Mu'amalat) with women,
interpretations that agreed with what they intended for women and not what
was required by the Hukm Shar'ia.
Thus, all of this served to distance people away from the Shari'ah rules and
obscure the aspect of social system in the minds of the Muslims.
Consequently, their views were not able to stand in the face of attacking
thoughts, or impede the overwhelming flow of western ideas, or have even the
slightest effect in elevating the aspects of the social system amongst the
Muslims. This happened inspite of the existence of scholars in the Ummah,
who are of the foremost mujtahidin and scholars of mazahib in terms of their
knowledge and erudition, and in spite of the existence of an intellectual
and legislative resource at the disposal of Muslims which is unparalleled
compared to any other resource of any other nation. This occurred inspite of
the abundance of books and valuable works in the possession of Muslims in
their public and private libraries. All of this had no effect in holding
back those bent on transferring and imitating from their error, or in
convincing the narrow minded, of the Islamic opinion which had been derived
correctly by a mujtahid, as long as it disagreed with what they wanted women
to do. This is because such people on both sides, amongst the imitators, the
narrow minded, the scholars and the educated were far from being described
as thinkers. They did not understand the reality, or they didn't understand
the Hukm of Allah . They did not study the Shari'ah rules intellectually by
accurately applying them to the reality so as to be in full agreement with
it. Due to this, the society in Muslim countries continued to oscillate
between two notions: imitation (Taqleed) and rigid narrow mindedness . The
social aspect continued in a confused state until the Muslim woman became
bewildered. She stood between women who were anxious and confused, taking
from western society without understanding it and without being aware of its
reality, or knowing the contradiction that existed between it and the
Islamic culture on one side; and the narrow minded women who did not benefit
herself, nor did her presence benefit the Muslims on the other side. All of
this was due to a failure in studying Islam intellectually and not
understanding the Islamic social system.
Therefore, we must study the Islamic social system comprehensively. We must
study it deeply until it is realised that the problem is the meeting between
the man and the woman and the relationship that results from their meeting
and that which branches out from this relationship. And that what is
required is the treatment of this meeting and the resultant relationship and
that which branches out from it. It should be understood that this solution
is not dictated by the mind but by the Shari'. As for the mind, its purpose
is to understand the solution, that the solution is for Muslim men and women
to live a specific lifestyle which is the lifestyle which Allah (swt) has
obliged them to live. They are most definitely obliged to restrict their
living solely to this lifestyle as Allah (swt) has commanded in the Qur'an
and Sunnah irrespective of whether it contradicts with the West or disagrees
with the customs and traditions of their own fathers and forefathers.
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