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	<title>punishment &#8211; Fountain Magazine</title>
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		<title>Childhood Education  in the Anatolian Heritage</title>
		<link>https://fountainmagazine.com/all-issues/2014/issue-97-january-february-2014/childhood-education-in-the-anatolian-heritage/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Wed, 01 Jan 2014 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 97 (January - February 2014)]]></category>
		<category><![CDATA[anatolia]]></category>
		<category><![CDATA[anatolian]]></category>
		<category><![CDATA[Anatolian pedagogy]]></category>
		<category><![CDATA[child]]></category>
		<category><![CDATA[Child-centric life]]></category>
		<category><![CDATA[childhood]]></category>
		<category><![CDATA[Childhood education]]></category>
		<category><![CDATA[children]]></category>
		<category><![CDATA[compassion]]></category>
		<category><![CDATA[country]]></category>
		<category><![CDATA[differences]]></category>
		<category><![CDATA[Education]]></category>
		<category><![CDATA[family]]></category>
		<category><![CDATA[kids]]></category>
		<category><![CDATA[love]]></category>
		<category><![CDATA[model]]></category>
		<category><![CDATA[montessori]]></category>
		<category><![CDATA[parents]]></category>
		<category><![CDATA[pedagogical]]></category>
		<category><![CDATA[Pedagogy]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[training]]></category>
		<category><![CDATA[world]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2014/issue-97-january-february-2014/childhood-education-in-the-anatolian-heritage/</guid>

					<description><![CDATA[In a globalized world, some regions &#8211; like Anatolia, which could be considered a bridge from east-to-west, past-to-future, and a melting pot for different cultures and religions &#8211; could pull from their centuries-long experience in child education to help others.Ali Fethi Toprak Child education or training is one of the biggest challenges parents face. During [&#8230;]]]></description>
										<content:encoded><![CDATA[<blockquote>
<p><em>In a globalized world, some regions &#8211; like Anatolia, which could be considered a bridge from east-to-west, past-to-future, and a melting pot for different cultures and religions &#8211; could pull from their centuries-long experience in child education to help others.<br /></em><em>Ali Fethi Toprak</em></p>
</blockquote>
<p>Child education or training is one of the biggest challenges parents face. During the child-raising process, every parent experiences some difficulties and needs help and guidance. Therefore, many parents naturally look for resources to educate themselves on how to better raise their children.</p>
<p><span id="more-1603"></span></p>
<p>Pedagogy, defined as the art or science of teaching, offers different educational methods and models for children&#8217;s education. Some methods are so common that they are institutionalized. For example, there are about 4,000 certified Montessori schools in the United States, and about 7,000 worldwide. However, the necessity of a prepared environment and special Montessori teachers make this method available only to those who can afford it.</p>
<p>In addition to economic considerations, many pedagogical approaches in different countries have to balance cultural, religious, and regional considerations, so to better educate children. In a globalized world, some regions &#8211; like Anatolia, which could be considered a bridge from east-to-west, past-to-future, and a melting pot for different cultures and religions &#8211; could pull from their centuries-long experience in child education to help others.</p>
<p>Although most of the world only became interested in child education after the dawn of the twentieth century, there has been a long standing tradition of child education and training in Anatolia. Just as people specializing in child education today are called pedagogues, Anatolian professionals were called &#8220;mürebbî&#8221; and &#8220;murebbiye&#8221; during the Ottoman period. A mürebbî, or governess, provided great support in child training to parents, and when parents fell short or needed guidance in any respect, mürebbîs were in the immediate vicinity, available to help.</p>
<p>Fathers were also important figures in childhood education, and the Anatolian children were living as honorable members of society. Besides, Anatolia was an admired center for peace during this period. A Western observer, A. Ubicini (1818-1884, Lettres sur la Turquie &#8211; Letters on Turkey), made the following note in his diary on the role of the father; it is a great example of the father-model which today&#8217;s pedagogy is seeking:</p>
<p>&#8220;I don&#8217;t know of any other country where children live with so much love, care and compassion. Oddly enough, all this compassion and care is deepened in the fathers rather than mothers. It is really something to see that an Ottoman Turk holds his kid&#8217;s hand and walks with him on the road on Fridays (holiday in Ottoman times) or on another holiday. He keeps his steps as small as his child&#8217;s. When realizing that the child is tired, he puts him on his shoulders or let&#8217;s him sit by him while he rests in a coffee house, and he speaks to him with a great compassion and care.&#8221;</p>
<h3><b>Understanding the roots of Anatolian pedagogy</b></h3>
<p>There are studies to understand the basis of childhood education in the Anatolian model. Pedagogue Adem Güneş provides a systematic approach called &#8220;Anatolian Pedagogy.&#8221; According to his model, Anatolian Pedagogy aims to educate children in a way that is more compatible with the true human nature. It abstains from any behavior or stress that will disturb the nature of children. The nature of children is like that of plain paper. Since whatever is initially imprinted on it will remain for rest of its life, parents should aim to leave good images on this clean page.</p>
<p>In addition, according to Anatolian Pedagogy, a child should not be afraid to make mistakes, and parents, as much as possible, should not interfere with issues arising from childhood. Instead, mistakes should be accepted as strong and easily remembered lessons that provide a path for kids to correct themselves. Furthermore, Anatolian Pedagogy states that every child should be treated differently. Because Anatolian Pedagogy puts an emphasis on the differences of children, kids are not treated equal, but treated justly. For example, if one child is emotional while another is more social, the way parents show their love, mercy, and care should not be the same for both. Anatolian Pedagogy also implies that parents should not buy their children the same type of clothes. In addition, parents should not have the same expectations for the future education of different children.</p>
<h3><b>Anatolian approach to reward and punishment </b></h3>
<p>The approach of Anatolian Pedagogy to punishment is mainly shaped by the teachings of Prophet Muhammad, peace and blessings be upon him. He educated kids not with punishment, but through mercy and compassion. Anatolian Pedagogy, thus, affirms that punishment will cause kids to lose self-esteem and will make them embarrassed. Moreover, Anatolian Pedagogy does not confirm giving rewards in order to change the unwanted behavior of kids. Thus, it aims to avoid the development of any artificial behaviors or false personalities in children.</p>
<h3><b>The importance of living a child-centric life</b></h3>
<p>Anatolian Pedagogy recommends that parents be tightly connected with their children. Interestingly, Anatolian Pedagogy advises parents to earn the love of their kids to avoid the common misconception that &#8220;your kids love you only because you are their parents.&#8221; From this perspective, mercy and love toward children should be unconditional. Kids must become aware of this, so that they do not fall into indebtedness.</p>
<p>Another aspect of Anatolian Pedagogy deals with the understanding of children&#8217;s emotions. Parenthood is not possible without this consideration. Parents in the Anatolian model were expected to adjust their lives according to their kid&#8217;s world &#8211; to live a kid-centered lifestyle. This also includes not disturbing the biological rhythm of children. A common problem of modern times is to live fast, and this may end up meaning &#8220;living without feeling.&#8221; Anatolian Pedagogy aims to prevent such carelessness.</p>
<h3><b>Effect of culture on childhood education</b></h3>
<p>Pedagogical advice cannot be independent from the traditions that compose a community. If cultural differences are not taken into consideration, the advice given for childhood education will be a new source of problems. The suggestions to solve similar problems in child training may even be different for families who live in the same region, but in different cities.</p>
<p>For instance, some habits considered as usual in a family from a metropolitan city can be unusual in a family from a rural city. If it is so different in the same country, imagine how pedagogical methods can differ from country to country? Would a German family and a British family have the same pedagogical perspectives? Could you compare the family structure and child training techniques in a French or Turkish family? In some cultures, it is essential that the child leaves his parents when he is 18, and he should be able to earn his own living, thus becoming an independent thinker who contributes to the social, economic, and intellectual welfare of the community. Under such conditions, the goal is to ensure that a child doesn&#8217;t have any emotional weaknesses. From this perspective, keeping a child&#8217;s emotions controlled is a positive. As a result, there are differences between this perspective and the Anatolian model.</p>
<p>These differences between Europe and Anatolia do not mean, &#8220;European pedagogy is bad,&#8221; and, &#8220;Anatolian Pedagogy is the best.&#8221; On the contrary, Europe defines its pedagogic standards by its own cultural values. European pedagogical approaches could be acceptable and valid for Europe. But if you try to apply them in Anatolia, or vice versa, they will likely be incompatible.</p>
<p>Each society should establish its own science of pedagogy from its own values. For this reason, pedagogical experts who understand their own cultural values should establish scientific theories for their own country and land. In the West, Piaget, Van der Horst, John Bowby, Alice Miller, and Maria Montessori have been influential; Sufi masters Mawlana Jalaluddin Rumi and Yunus Emre, who are marvels of love, compassion, and peace, offer great examples of Anatolian pedagogy that could inspire the world.</p>
<ul>
<li><em>Hatice Kocabas is a Psychology Student at FernUniversität in Hagen, Germany.</em></li>
<li><em>Adem Gunes is the Chair of Child Education Department, Fatih University, Istanbul.</em></li>
<li><em>Ali Fethi Toprak is a Senior Researcher, Texas Institute of Biotechnology at North American College, Houston, TX, USA</em></li>
</ul>
<h3><b>References</b></h3>
<p>1. Montessori Schools. Retrieved from http://www.montessori.edu/FAQ.html on 03/04/12.</p>
<p>2. Montessori education. Retrieved from http://en.wikipedia.org/wiki/Montessori_education on 03/04/12.</p>
<p>3. Adem Güneş. Anatolian Pedagogy 1&amp;2. Şebmen Dergisi. Retrieved from http://www.sebnemdergisi.com on 03/04/12.</p>
<p>4. Adem Güneş (Pedagogue). Pedagojide Anadolu Ekolü &amp; Insanlığı zirvelere taşımış terbiye yöntemi. Retrieved from http://www.ademgunes.com/?p=271 and p=677 on 03/04/12.</p>
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		<item>
		<title>The bomb ticks on</title>
		<link>https://fountainmagazine.com/all-issues/2010/issue-73-january-february-2010/the-bomb-ticks-on/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Fri, 01 Jan 2010 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 73 (January - February 2010)]]></category>
		<category><![CDATA[bomb]]></category>
		<category><![CDATA[convention]]></category>
		<category><![CDATA[god]]></category>
		<category><![CDATA[human]]></category>
		<category><![CDATA[individual]]></category>
		<category><![CDATA[information]]></category>
		<category><![CDATA[islamic]]></category>
		<category><![CDATA[justice]]></category>
		<category><![CDATA[pain]]></category>
		<category><![CDATA[people]]></category>
		<category><![CDATA[person]]></category>
		<category><![CDATA[Perspectives]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[Religion]]></category>
		<category><![CDATA[rights]]></category>
		<category><![CDATA[scenario]]></category>
		<category><![CDATA[society]]></category>
		<category><![CDATA[terrorism]]></category>
		<category><![CDATA[terrorist]]></category>
		<category><![CDATA[ticking]]></category>
		<category><![CDATA[time]]></category>
		<category><![CDATA[torture]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2010/issue-73-january-february-2010/the-bomb-ticks-on/</guid>

					<description><![CDATA[Torture is an act that is almost universally condemned. It is prohibited in international law and is not officially sanctioned by any domestic laws in any state. Nevertheless, torture is widely used. The formal prohibition against torture is absolute, so there should be no exceptions to it. Article 1 of the United Nations Convention against [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>Torture is an act that is almost universally condemned. It is prohibited in international law and is not officially sanctioned by any domestic laws in any state. Nevertheless, torture is widely used. The formal prohibition against torture is absolute, so there should be no exceptions to it.</p>
<p><span id="more-1093"></span></p>
<p>Article 1 of the United Nations Convention against Torture defines torture as:</p>
<p><em>… any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind. </em></p>
<p>There is also a myriad of laws and conventions prohibiting the use of torture. In the oft-repeated words of the European Convention of Human Rights, Article 3 states that <em>“no one shall be subjected to torture or to inhuman or degrading treatment or punishment.”</em> A large number of international laws have been adopted to combat torture from Article 5 of the 1948 Universal Declaration of Human Rights to the four 1949 Geneva Conventions, the 1966 UN International Covenant on Civil and Political Rights, Article 7 of the 1984 UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) , and the 1987 European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment.</p>
<h3><b>The ticking time-bomb scenario</b></h3>
<p>In spite of torture being almost universally condemned, some have sought to justify the use of it in the “ticking time-bomb” scenario. While some versions of the scenario are more or less elaborate, the basic idea is that a terrorist has placed a bomb in a public place; if it is detonated many innocent lives will be lost. The authorities have detained a terrorist and are certain that the terrorist has relevant information as to the whereabouts of the bomb. The terrorist knows details that could lead to its defusing, however without the terrorist’s confession there is no other way to defuse the bomb. If the information is provided, the bomb will be diffused and the terrorist will not be tortured. But if the terrorist does not reveal the relevant details, he will be tortured until he does so.</p>
<p>The question posed in this situation is whether the torture of the person is permissible, impermissible or obligatory. Defenders of torture argue that it is permissible, and in some cases even obligatory; the right of the person with information not to be tortured is outweighed by the right of potential bomb victims not to be killed or injured. Given the choice between inflicting a small level of harm on a wrongdoer and saving the lives of many innocent people, is it morally indecent to prefer the interest of the wrongdoer?</p>
<p>The problem with the ticking time-bomb scenario is that it is impossible to know in advance how much pain would be caused by the bomb exploding and how much pain would be caused by the torture. Morally, it does not matter who experiences the pain or how intense it is. No one should go through such pain.</p>
<h3><b>A critique of the ticking time-bomb scenario as a defense of torture</b></h3>
<p>There are many reasons why torture is impermissible. Even if we accept it as a necessary evil, torture is an unreliable way to obtain information and evidence, especially when terrorist organizations know about torture and prepare for it by ensuring that no individual knows all the facts of any one operation. A person being tortured will say almost anything the torturers want to hear, even if it is false, so that their pain and suffering will come to an end. Another reason why torture should be prohibited is the fact that every society detests the violation of common morals; torture is a way of destroying the existing moral fabric of societies.</p>
<p>The ticking time-bomb misrepresents the real world. It is a simplification of reality in order to persuade people that torture can be permissible under certain circumstances. The torturer, for instance, is not portrayed as cruel and insensitive to the victims’ pleas, but rather as a heroic and conscientious public helper desperate to save the lives of innocent people that are weighing on his conscience. If one was to take this scenario hypothetically, it is worth asking how long a suspect should be tortured. How much should he be tortured? Should the frequency increase if he doesn’t talk, or as time runs out?</p>
<p>Secondly, if an official is willing to torture a person to extract information, why should he stop there? If the terrorist does not crack under pressure and pain, why not move on to torturing his family and friends in front of him? Seeing loved ones hurt is another form of torture that may be viewed as potentially useful as actual torture. Who is to guarantee that in order to extract information from a possible suspect, all probable measures, such as hurting loved ones, should not take place? In a world where the truth is unclear and where the existence of information held by a suspect remains ambiguous, the ticking time-bomb scenario should not be a valid point of reference.</p>
<p>Another way of looking at the ticking time-bomb scenario is the argument that it can help prevent future terrorist acts and act as a warning for others. If torture is permitted, it might be argued that it can help stop crimes. This cannot be the case in a society where right and wrong is judged upon what the behavioral norms of people are. If torture is permitted even in exceptional circumstances, then we run the risk of violence becoming tolerated and accepted in society as a normal response.</p>
<p>Contrastingly, it can be argued that even though in theory the requirements of the ticking time-bomb scenario can be met, in practice it is very difficult. Firstly, there is no guarantee that the suspects being interrogated are in fact terrorists, or, even if they are involved with a terrorist group, it cannot be certain or probable that they in fact have any information. Secondly, torture is not guaranteed to work if the assumption is based on mere possibility, as opposed to the certainty, that torture will make anyone talk. Thirdly, there is very little evidence suggesting that torture obtains results within a short time and in the most effective way.</p>
<h3><b>Torture in Islamic jurisprudence</b></h3>
<p>In Islam, human beings are considered as being the most exalted of all creation, created in the finest manner, adorned with rights and freedoms that cannot be undermined. Consequently, torture and inhuman practices inflicted on human life are strictly forbidden. An authority or state body whose aim is to restore justice cannot go outside the sphere of what is just and apply torture-this is haram, forbidden, in Islamic jurisprudence. The Qur’an explains the concept of justice in the following verse:</p>
<p>O you who believe! Be upholders and standard-bearers of right for God&#8217;s sake, being witnesses for (the establishment of) absolute justice. And by no means let your detestation for a people (or their detestation for you) move you to (commit the sin of) deviating from justice. Be just: this is nearer and more suited to righteousness and piety. Seek righteousness and piety, and always act in reverence for God. Surely God is fully aware of all that you do. (Al-Maidah 5:8)</p>
<p>In Islamic jurisprudence, a guilty person cannot be forced into confession through torture. If such a case arises, a person cannot be punished for the information they provide as a result of such force. This is because the most important right of an individual under Islamic law is the principle presumption that a person is innocent until proven guilty. In Islamic jurisprudence, a conviction has to be based on sound proof and certainty and not on mere probability, like the ticking time-bomb scenario. If there is reasonable doubt, it is seen as being in favor of the accused, not against. This principle is based on the saying of Prophet Muhammad: “Prevent punishment in case of doubt. Release the accused if possible, for it is better that the ruler be wrong in forgiving than wrong in punishing.”</p>
<p>Said Nursi, a twentieth century Islamic scholar, refers to the strict prohibition of torture in Islam as “pure justice” as opposed to “relative justice,” which is taking on the lesser of two evils. He makes reference to the Qur’anic verse “He who kills a soul unless it be (in legal punishment) for murder or for causing disorder and corruption on the earth will be as if he had killed all humankind; and he who saves a life will be as if he had saved the lives of all humankind” (al-Maidah 5:32). Nursi further explains his ideas in light of the Qur’anic verse above.</p>
<p>“[N]o innocent person can be deprived of his or her right to life or sacrificed for the community’s sake. Any right is a right in God’s sight, and thus cannot be abolished for one considered just as great or fundamental.”</p>
<p>When a relative justice approach is taken, the right of an individual is overlooked in favor of the rights of the community. Nursi argues that attempts made to apply relative justice are wrong if it is possible to apply pure justice.</p>
<p>By looking at Islamic principles on torture and the ticking time-bomb scenario as a whole, it can be said that because torture is strictly prohibited in Islam, it cannot be used to attain a confession from a terrorist. As a result, there would be uncertainty and doubt as to the guilt of that individual. In such cases, punishment needs to be prevented on the presumption that the suspect is innocent until proven guilty.</p>
<h3><b>How to prevent both terrorism and torture </b></h3>
<p>In order to eradicate terror and terrorists, we need to be able to go deeper into the core of the problem and ask ourselves this simple question: would a reasonable person go and threaten to kill thousands just for the sake of killing? There has to be a reason behind such an act. If we cannot discover what is bothering one individual, we cannot solve such a problem. If such problems are not listened to and dealt with in a proper humane manner then one side will continue to torture and the other side will continue to threaten to kill, but for how long? In the end, what we need to realize is that we are dealing with a human being who is facing torture, not an animal.</p>
<p>As long as there is not full certainty that the terrorist is guilty, there has to be another way to deal with situations like the ticking time-bomb without having to resort to torture. There has to be an alternative, one that does not discriminate against an individual on the basis of race or religion, without segregation, belittlement or force. One alternative could be interrogation and reasoning with the terrorist, discovering the reason why they have such a person who poses a threat. The interrogators must ask themselves what has made the suspect what he is, what has triggered him to take such a drastic action, and try to discover what he wants. If voices are being heard and individual problems are being dealt with, why is there still such rebellion and terror in our society? If there is terrorism in a society, there must be injustices. In a society where justice is being served, there cannot be terrorism.</p>
<p>Another solution to terrorism lies in the religious foundations and moral upbringing that should be grounded in every individual and society to prevent such scenarios like the ticking time-bomb from arising in the first place. If every society is sustained by religious, moral and human values, then would, without a doubt, be peace. This moral framework is most effective when it is established early on in life through educational upbringing so that later on such concerns do not develop.</p>
<p>Fethullah Gulen, a modern day scholar and thinker, acknowledges that it is through religion that such a moral framework can be instilled within people.</p>
<p>Humankind, since the beginning of time, has found true peace and happiness in religion. As it is impossible to talk of morality and virtue where people do not practice the true religion, it is also difficult to imagine real happiness. For morality and virtue originate in good, clear conscience and what makes conscience good and clear is religion, which is the connection between humanity and God.</p>
<p>It is extremely important for individuals to realize that when dealing with such scenarios as the ticking time-bomb, no religion supports such behavior. In the Qur’an it is stated that “… those who affront believing men and believing women without their having done any wrong to deserve it, they have surely burdened themselves with calumny and a blatant sin” (al-Ahzab 33:58).</p>
<p>Similarly the Bible states “Do not murder, and anyone who murders will be subject to judgment” (Matthew 5:21). Also, in Jewish scriptures, there is reference to Hillel who says in the Talmud, Shabbat 31a “That which is despicable to you, do not do to your fellow.”</p>
<p>If religion and moral values are instilled within individuals effectively, even when there is no one present, the fear of God and the love for God will prevail to prevent such treacherous acts like torture and killing from taking place. Those individuals who fear God are less likely to break the rules if they believe that they are being watched and that any action they do will have a consequence. It can also be said that those individuals who love God in His goodness, compassion and mercy will be more likely to do virtuous acts, above and beyond simple duty. It is when society is filled with such conscious people that crime rates can drop and the door to torture and terror can remain closed. There will neither be terrorist’s withholding information regarding the whereabouts of a bomb nor law enforcement agents waiting to torture possible suspects.</p>
<p>In a nutshell, there are numerous arguments for and against the use of torture in exceptional circumstances like in the ticking time-bomb scenario. However, such circumstances cannot justify the breaching of one human’s right in place of another’s, regardless of the quantity of lives involved on either side of the spectrum. Everyone must have an absolute right to life. It is the lack of prohibition of torture by various states that enable such unnecessary exceptions like the ticking time-bomb to arise. There can be no legitimate basis for the limiting of this human right, because a human right to be free of torture is absolute.</p>
<h3><b>Note</b></h3>
<p>1. Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, adopted 10 Dec. 1984, entered into force 26 June 1987, 1467 UNTS 85 (1985), available at http://www.ohchr.org/english/law/cat.htm</p>
<p>2. European Convention for the Protection of Human Rights and Fundamental Freedoms, signed 4 November. 1950, entered into force 3 Sept. 1953</p>
<p>3. Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217A, 3 UN GAOR, UN Doc. A/810, at71 (1948), available at http://www.un.org/documents/ga/res/3/ares3.htm</p>
<p>4. International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, entered into force 23 March 1976, 999 UNTS 171, reprinted in 6 ILM 368 (1967), available at http://www.ohchr.org/english/law/ccpr.htm</p>
<p>5. M. A. Abdel Haleem, Adil Umar Sharif and Kate Daniels. Criminal Justice in Islam: Judicial Procedure in the Shar&amp;#299;’a , UK: I.B.Tauris, 2003, p. 48.</p>
<p>6. Abu Dawud, Salat, 14; Tirmidhi, Hudud, 2.</p>
<p>7.Said Nursi, The Letters, The Fifteenth letter from the Risale-i Nur Collection, NJ: The Light, Inc., 2007) p. 92.</p>
<p>8. M. Fethullah Gulen, Criteria or the lights of the way, London: Truestar Publications, 1996, p. 5.</p>
<p> </p>
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		<title>Human Rights and Islam</title>
		<link>https://fountainmagazine.com/all-issues/2008/issue-62-march-april-2008/human-rights-and-islam/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Sat, 01 Mar 2008 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 62 (March - April 2008)]]></category>
		<category><![CDATA[basic]]></category>
		<category><![CDATA[chicks]]></category>
		<category><![CDATA[companions]]></category>
		<category><![CDATA[god]]></category>
		<category><![CDATA[human]]></category>
		<category><![CDATA[Human Rights]]></category>
		<category><![CDATA[islam]]></category>
		<category><![CDATA[islamic]]></category>
		<category><![CDATA[issue]]></category>
		<category><![CDATA[killing]]></category>
		<category><![CDATA[kills]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[life]]></category>
		<category><![CDATA[preservation]]></category>
		<category><![CDATA[principles]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[Questions & Answers]]></category>
		<category><![CDATA[qur’an]]></category>
		<category><![CDATA[recompense]]></category>
		<category><![CDATA[Religion]]></category>
		<category><![CDATA[rights]]></category>
		<category><![CDATA[system]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2008/issue-62-march-april-2008/human-rights-and-islam/</guid>

					<description><![CDATA[Question: What is the Islamic stance on human rights? How does Islam regard the killing of a person? Islam is a universal religion, and the significance it gives to rights is inclusive of all creation. The comprehensive Islamic perspective on the safeguarding of rights benefits not only people, but also animals as well. Concerning this [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>Question: What is the Islamic stance on human rights? How does Islam regard the killing of a person?</p>
<p>Islam is a universal religion, and the significance it gives to rights is inclusive of all creation. The comprehensive Islamic perspective on the safeguarding of rights benefits not only people, but also animals as well.</p>
<p><span id="more-896"></span></p>
<p>Concerning this issue, it is easy to provide many examples dating right back to the time of the Messenger of God, peace and blessing be upon him. Once, while resting on his return to Medina after a military campaign, some Companions saw a bird’s nest and took the chicks out. The mother bird appeared at that moment, and upon seeing her chicks in their hands, she started circling above them in the air. Prophet Muhammad, peace and blessing be upon him, was worried as soon as he became aware of the mother bird beating its wings in grief and ordered the Companions to return the chicks to the nest (Abu Dawud, Adab, 164). The Prophet’s concern in this incident alone is enough to show that Islam is an all-embracing system that has unequivocally guaranteed the fundamental rights of every living creature; such an all-inclusive concept of rights is beyond the reach of any other system.</p>
<p>As attested in an authenticated hadith, one who dies while protecting his life, intellect, property, lineage, or religion is considered to be a martyr. Accordingly, striving peacefully for the preservation of these basic rights is also accepted as a form jihad. Today, indeed, it is a fact that the preservation of these five universals has established the principles of Islamic canon law and the foundations of the modern law on human rights. First and foremost, Islam calls on Muslims to preserve the religion. Muslims are also responsible and accountable for upholding all other universal principles.</p>
<p>Consequently, Islam approaches human rights in accordance with these basic principles and holds every human being accountable for preserving and maintaining these inalienable rights.</p>
<p>It is only in Islam that human beings are favored with being the vicegerent of God on earth and in which they are delegated to make use of the resources through the vicegerency that has been granted to them. And again, it is Islam that recognizes the right to free enterprise and free activity alongside the right to security and to maintain a family. Islam, therefore, recognizes the inalienable rights and the true dignity of every individual, and guarantees human beings all their rights in perfect compliance with human nature.</p>
<p>For example, the Qur’an explicitly asserts that taking the life of one human being is the same as taking the lives of all of humanity: “He who kills a soul unless it be (in legal punishment) for murder or for causing disorder and corruption on the earth will be as if he had killed all humankind; and he who saves a life will be as if he had saved the lives of all humankind” (Maeda 5:32). It is impossible to see this degree of sensitivity on the issue of rights in any other religion or in modern law. Islam takes the issue so seriously as to equate the killing of one person with the killing of all of humanity. The Qur’an draws our attention to the event that took place between the two sons of Adam, whose names are mentioned as Cain and Abel in the Old Testament, and informs us of the recompense awaiting the first murderer in human history in the following verse: “His carnal, evil-commanding soul prompted him to kill his brother, and he killed him, thus becoming among the losers” (Maeda 5:30).</p>
<p>In another chapter, the Qur’an emphasizes that the eternal punishment of hell is the recompense for one who kills another unjustly: “Whoever kills a believer intentionally, his recompense is Hell, to abide therein. And the wrath and the curse of God are upon him, and a dreadful penalty is prepared for him” (Nisa 4:93). It should be noted that Ibn Abbas and some scholars of the Tabiun (the generation that followed the Companions) deduced from the word halidan being used in the verse that eternal punishment is the recompense of the murderer, the same as that for those who deny God. This signifies Islam’s stance on human rights, which has evolved out of such essentials.</p>
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		<title>Muhasaba (Self-Criticism or Self-Interrogation)</title>
		<link>https://fountainmagazine.com/all-issues/2007/issue-58-april-june-2007/muhasaba-self-criticism-or-self-interrogation/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Sun, 01 Apr 2007 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 58 (April - June 2007)]]></category>
		<category><![CDATA[Belief]]></category>
		<category><![CDATA[believer]]></category>
		<category><![CDATA[constant]]></category>
		<category><![CDATA[criticism]]></category>
		<category><![CDATA[deeds]]></category>
		<category><![CDATA[divine]]></category>
		<category><![CDATA[Emerald Hills of the Heart]]></category>
		<category><![CDATA[enables]]></category>
		<category><![CDATA[fear]]></category>
		<category><![CDATA[god]]></category>
		<category><![CDATA[good]]></category>
		<category><![CDATA[heart]]></category>
		<category><![CDATA[human]]></category>
		<category><![CDATA[Islamic Sufism]]></category>
		<category><![CDATA[life]]></category>
		<category><![CDATA[mercy]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[sins]]></category>
		<category><![CDATA[soul]]></category>
		<category><![CDATA[Spiritual]]></category>
		<category><![CDATA[Sufism]]></category>
		<category><![CDATA[words]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2007/issue-58-april-june-2007/muhasaba-self-criticism-or-self-interrogation/</guid>

					<description><![CDATA[The word muhasaba literally means reckoning, settling accounts, and self-interrogation. In a spiritual context, however, it takes on the additional meaning of the self-criticism of a believer who constantly analyzes his or her deeds and thoughts in the hope that correcting them will bring him or her closer to God. Such a believer thanks God [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>The word muhasaba literally means reckoning, settling accounts, and self-interrogation. In a spiritual context, however, it takes on the additional meaning of the self-criticism of a believer who constantly analyzes his or her deeds and thoughts in the hope that correcting them will bring him or her closer to God. Such a believer thanks God for the good he or she has done, and tries to erase his or her sins and deviations by imploring God for forgiveness and amending his or her errors and sins through repentance and remorse. Muhasaba is a very important and serious attempt to assert one’s personal loyalty to God.</p>
<p>It is recorded by Ibn Arabi, author of al-Futuhat al-Makkiya (The Meccan Conquests), that during the early centuries of Islam, righteous people would either write down or memorize their daily actions, thoughts, and words, and then analyze and criticize themselves for any evil or sin they had committed. They did this to protect themselves from the storms of vanity and the whirls of self-pride. They would ask God’s forgiveness after this self-analysis, and would repent sincerely so that they might be protected against future error and deviation. Then they would prostrate in thankfulness to God for the meritorious deeds or words that the Almighty had created through them.</p>
<p>Self-criticism may also be described as seeking and discovering one’s inner and spiritual depth, and exerting the necessary spiritual and intellectual effort to acquire true human values and develop the sentiments that encourage and nourish them. This is how one distinguishes between good and bad, beneficial and harmful, and how one maintains an upright heart. Furthermore, it enables a believer to evaluate the present and prepare for the future. Again, self-criticism enables a believer to make amends for past mistakes and be absolved in the sight of God, for it provides a constant realization of self-renewal in one’s inner world. Such a condition enables one to achieve a steady relationship with God, for this relationship depends on a believer’s ability to live a spiritual life and remain aware of what takes place in his or her inner world. Success results in the preservation of one’s celestial nature as a true human being, as well as the continual regeneration of one’s inner senses and feelings.</p>
<p>A believer, in his or her spiritual and daily life, cannot be indifferent to self-criticism. On the one hand, he or she tries to revive his or her ruined past with the breezes of hope and mercy, blown by such Divine calls as: Repent to God (Nur 24:31) and: Turn to Your Lord repentant (Zumar 39:54), which come from the worlds beyond and echo in his or her conscience. On the other hand, warnings as frightening as thunderbolts and as exhilarating as mercy and contained in such verses as:</p>
<p>O you who believe! Fear God and observe your duty to Him. And let every soul consider what it has prepared for the morrow (Hashr 59:18)</p>
<p>bring the believer to his or her senses and make him or her alert once again against committing new sins. In such a condition, a believer is defended against all kinds of evil, as if enclosed behind locked doors.</p>
<p>Taking each moment of life to be a time of germination in spring, a believer seeks ever-greater depths in his or her spirit and heart with insight and consciousness arising from belief. Even if a believer is sometimes pulled down by the carnal dimension of his or her being and falters, he or she is always on the alert, as stated in:</p>
<p>Those who fear God and observe His commandments, when a passing stroke from Satan troubles them, they immediately remember (God), and lo! they are all aware (A’raf 7:201).</p>
<p>Self-criticism resembles a lamp in the heart of a believer, a warner and a well-wishing adviser in his or her conscience. Every believer uses it to distinguish between what is good and evil, beautiful and ugly, pleasing and displeasing to God. Through the guidance of this well-wishing adviser, the believer surmounts all obstacles, however seemingly insurmountable, and reaches the desired destination.</p>
<p>Self-criticism attracts Divine mercy and favor, which enables one to go deeper in belief and servanthood, to succeed in practicing Islam, and to attain nearness to God and eternal happiness. It also prevents one from falling into despair, which will ultimately lead to reliance on personal acts of worship to be saved from Divine punishment in the Hereafter.1</p>
<p>As self-criticism opens the door to spiritual peace and tranquility, it also causes one to fear God and His punishment. In the hearts of those who constantly criticize themselves and call themselves to account for their deeds, this Prophetic warning is always echoed: If you knew what I know, you would laugh little but weep much.2 Self-criticism, which gives rise to both peacefulness and fear in one’s heart, continuously inspires anxiety in the hearts of those who are fully aware of the heavy responsibility they feel-the anxiety such as that which is voiced in: If only I had been a tree cut into pieces.3</p>
<p>Self-criticism causes the believer to always feel the distress and fear expressed in: The earth seemed constrained to them for all its vastness, and their own souls straitened to them (Tawba 9:118). The verse: Whether you make known what is in your souls or hide it, God will bring you to account for it (Baqara 2:284) resounds in every cell of their brains, and they groan with utterances like: I wish my mother had not given birth to me!4</p>
<p>While it is difficult for everyone to achieve this degree of self-criticism, it is also difficult for those who do not do so to be sure that they will be able to live today better than yesterday, and tomorrow better than today. Those who are crushed between the wheels of time, whose current day is not better than the preceding one, cannot perform their duties pertaining to the afterlife well.</p>
<p>Constant self-criticism and self-reprimand show the perfection of one’s belief. Everyone who has planned his or her life to reach the horizon of a perfect, universal human being is conscious of this life and spends every moment of it struggling with themselves. Such a person demands a password from whatever occurs to his or her heart and mind. Self-control against the temptations of Satan or the excitement of temper are practiced, and words and actions are carefully watched. Self-criticism is constant, even for those acts that seem most sensible and acceptable. Evening reviews of words and actions said or done during the day are the rule, as are morning resolutions to avoid sins. A believer knits the “lace of his or her life” with the “threads” of self-criticism and self-accusation.5</p>
<p>So long as a believer shows such loyalty and faithfulness to the Lord and lives in such humility, the doors of heaven will be thrown open and an invitation will be extended: Come, O faithful one. You have intimacy with Us. This is the station of intimacy. We have found you a faithful one. Every day he or she is honored with a new, heavenly journey in the spirit. It is God Himself Who swears by such a purified soul in: Nay, I swear by the self-accusing soul! (Qiyama 75:2).</p>
<h3>Notes</h3>
<p>1. If one despairs (of Divine mercy) concerning his or her eternal life because of his or her sins, relief from Divine punishment is sought. Such a person then remembers and relies on past good deeds. However, this way is utterly inadequate, for only through Divine mercy can one be saved from God’s punishment and enter Paradise.</p>
<p>2. Bukhari, Kusuf, 2; Muslim, Salat, 112.</p>
<p>3. Tirmidhi, Zuhd, 9.</p>
<p>4. Ibn Sa‘d, Al Tabaqat al-Kubra, vol. 3, p. 360, Beirut: 1980.</p>
<p>5. In other words, all moments of one’s life are spent in self-criticism and constant awareness of what one says and does.</p>
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		<title>How to Become a Bad Teacher</title>
		<link>https://fountainmagazine.com/all-issues/2006/issue-56-october-december-2006/how-to-become-a-bad-teacher/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Sun, 01 Oct 2006 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 56 (October - December 2006)]]></category>
		<category><![CDATA[bad]]></category>
		<category><![CDATA[behavior]]></category>
		<category><![CDATA[class]]></category>
		<category><![CDATA[develop]]></category>
		<category><![CDATA[discipline]]></category>
		<category><![CDATA[Education]]></category>
		<category><![CDATA[expected]]></category>
		<category><![CDATA[good]]></category>
		<category><![CDATA[learning]]></category>
		<category><![CDATA[lesson]]></category>
		<category><![CDATA[listen]]></category>
		<category><![CDATA[problem]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[student]]></category>
		<category><![CDATA[students]]></category>
		<category><![CDATA[talk]]></category>
		<category><![CDATA[teacher]]></category>
		<category><![CDATA[teachers]]></category>
		<category><![CDATA[teaching]]></category>
		<category><![CDATA[time]]></category>
		<category><![CDATA[worry]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2006/issue-56-october-december-2006/how-to-become-a-bad-teacher/</guid>

					<description><![CDATA[Teachers are entrusted with the jewels of life: Our children. Sometimes teachers may be overwhelmed with this very important task. The teacher-student relationship, or rapport, is the most important factor contributing to effective teaching. How a teacher portrays him/herself or is perceived by the students, the label he/she is given (bad or good teacher) determine [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>Teachers are entrusted with the jewels of life: Our children. Sometimes teachers may be overwhelmed with this very important task.</p>
<p>The teacher-student relationship, or rapport, is the most important factor contributing to effective teaching. How a teacher portrays him/herself or is perceived by the students, the label he/she is given (bad or good teacher) determine the quality of the teaching-learning process.</p>
<p>Numerous studies, a great deal of research, books, and articles all shed light on this topic. Teachers are presented with many suggestions and ideas on how to become a good teacher. On the other hand, it seems that teachers are so bombarded with ideas that they can hardly digest and utilize them in their daily lives.</p>
<p>I would like to take a different approach and highlight an often overlooked corner of this field: How to become a bad teacher.</p>
<h3><b>The principles of teacher-student relationships</b></h3>
<p>Establish friendships with your students, but do not stop there: act like a child. Worry about what to teach rather than how to facilitate the learning process. Assisting one student at a time is good enough. Others can wait. Don’t worry about trying to assist more than one student with group activities. Be presumptuous towards your students. You have years of experience, you can decipher a student in a few minutes.</p>
<p>It is none of your business if the students develop good relations with each other. Do not bother to adopt a leadership role for this purpose. Some teachers try to get the popular students and the not so popular ones together, helping them to respect one another. These are efforts in vain. With your strong presence everybody will behave and that’s good enough.</p>
<p>Students are too young to develop a sense of responsibility anyway. They cannot be taught how to resolve their own problems, make their own decisions and self-criticisms. You must be there to enforce discipline.</p>
<h3><b>Expected teacher behavior</b></h3>
<p>Assign homework as a way of punishment and threaten your students with grades. Adopt one teaching method, preferably one in which you talk and they listen. If it has worked for so many generations, it ought to work for you.</p>
<p>Do not use encouragement or praise. Do not make any jokes. Do not check the student’s work or monitor progress. Let only the high achievers talk in class discussions. You do not have time to waste listening to poor achievers. They probably have nothing to contribute to the discussion anyway.</p>
<p>Do not tell the students what the expected behavior is. Do not provide a suitable environment in which expected behavior can flourish. Let your own behavior be inconsistent with that of your colleagues. When responding to unacceptable behavior or mistakes use negative criticism. Criticize your students instead of their actions. Be easily affected and distracted by negative comments. Discipline your students using only reprimands and punishment. Do not give time for your students to correct themselves.</p>
<p>Do not have a good lesson plan and let the kids be without a task from time to time. Include topics which you have not previously covered in your assignments. Be a book-oriented teacher. Go into your classroom, deliver your lesson, and leave. Remain distant from students. Do not position yourself in such a way that all the students in the room can see you. Turn your back to your class frequently. That way they will learn to value their time with you.</p>
<p>Do not take into consideration physiological and social development phases or the academic levels of your students. Do not cater for the needs of students with different learning paces. Do not let the students enjoy their achievements.</p>
<p>Focus on undesirable behavior rather than desirable behavior. Address some of your students with their first names while calling others “boy” or “girl.” Do not worry about fairness in awarding or punishing your students. Do not speak clearly. Use slang words.</p>
<p>Handle aggressively even minor discipline problems. Do not ignore anything however small it might be. Never laugh with your students and always keep in mind that you may lose control of the class if you do so. The students are expected to be obedient at all times without questioning anything. Tell students off in front of others if you need to. Never forget that discipline is a major problem; this has been suggested by so many other teachers. Ignore the fact that sometimes students may violate the rules because of your attitude. Do not let the students know that bad behavior is actually showing disrespect to themselves.</p>
<p>Teachers must be mean in order to discipline the students. Punish the whole class if you are not able to find the student who caused the discipline problem. Keep in mind that punishment is easier than prevention. Do not inform the administration, even if the students make it impossible for you to conduct the class. Keep it to yourself as this will protect your reputation.</p>
<h3><b>Conclusion</b></h3>
<p>Resist the temptation to listen to the suggestions of educators from around the world, take the easier path and become a bad teacher. Believe me it is very easy.</p>
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		<title>What does Islam say about killing an innocent person?</title>
		<link>https://fountainmagazine.com/all-issues/2006/issue-56-october-december-2006/what-does-islam-say-about-killing-an-innocent-person/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Sun, 01 Oct 2006 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 56 (October - December 2006)]]></category>
		<category><![CDATA[backbiting]]></category>
		<category><![CDATA[blood]]></category>
		<category><![CDATA[committed]]></category>
		<category><![CDATA[event]]></category>
		<category><![CDATA[fitna]]></category>
		<category><![CDATA[god]]></category>
		<category><![CDATA[great]]></category>
		<category><![CDATA[innocent]]></category>
		<category><![CDATA[killing]]></category>
		<category><![CDATA[life]]></category>
		<category><![CDATA[mankind]]></category>
		<category><![CDATA[messenger]]></category>
		<category><![CDATA[murder]]></category>
		<category><![CDATA[murderer]]></category>
		<category><![CDATA[people]]></category>
		<category><![CDATA[person]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[Questions & Answers]]></category>
		<category><![CDATA[sin]]></category>
		<category><![CDATA[verse]]></category>
		<category><![CDATA[worse]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2006/issue-56-october-december-2006/what-does-islam-say-about-killing-an-innocent-person/</guid>

					<description><![CDATA[God Almighty declares that killing an innocent person unjustly is like killing all of mankind and saving a person’s life is like saving all of mankind. Could you please explain this? In the preceding verse of the Qur’an (Maida 5:32), God Almighty commands the Prophet “Narrate to them (O Messenger) in truth the exemplary experience [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><b>God Almighty declares that killing an innocent person unjustly is like killing all of mankind and saving a person’s life is like saving all of mankind. Could you please explain this?</b></p>
<p>In the preceding verse of the Qur’an (Maida 5:32), God Almighty commands the Prophet “Narrate to them (O Messenger) in truth the exemplary experience of the two sons of Adam…” and draws attention to the first murder committed on the earth.</p>
<h3><b>The first murder and the master of murderers</b></h3>
<p>Most Qur’anic interpreters say that the two sons of Adam are Cain and Abel and they give detailed information about the lives of these two brothers. Actually, their names are not mentioned in the Qur’an; but in the ancient scriptures and narrations the names of Adam’s sons are mentioned as Cain and Abel. It is for this reason that Muslim scholars have not found anything wrong in referring to the characters involved in the event by these names. At the same time, some have interpreted the “two sons of Adam” to be just two men from the Children of Israel. In truth, one doesn’t have to know their names in order to learn a lesson from the parable. What matters is the fact that this event did happen and the expression “in truth” mentioned in the verse shows that this is not a myth, but a true story.</p>
<p>As narrated in the Qur’an, they both offered a sacrifice to God; but only one of these was accepted. The brother whose sacrifice was not accepted told the other “I will surely kill you.” Despite the fact that killing a person, particularly killing one’s own brother, is a great transgression, the murderer, who had lost control due to jealousy, shed the blood of his innocent brother; this brother did not even attempt to struggle against his brother, and he was only a good-intentioned companion.</p>
<p>The first murderer of the earth whose unfortunate end is told in the verse (Maida 5:30) “His carnal, evil-commanding soul prompted him to kill his brother, and he killed him, thus becoming among the losers” became the trailblazer on a horrible path which leads to Eternal Fire; he virtually breached a dam that was to be followed by a great flood. For this reason, when God’s Messenger narrated this sad event he said: “The son of Adam has a share (of sin) from the blood of anyone unjustly killed; for he was the one who started killing the first time.”</p>
<p>After relating this tragic event and reminding us of the first murder, God Almighty sets the relative principle, He commands the following to show what a great sin murder is and how great the importance of human life is:</p>
<p>“It is because of this that We ordained for (all mankind, but particularly for) the Children of Israel: He who kills a soul unless it be (in legal punishment) for murder or for causing disorder and corruption on the earth will be as if he had killed all mankind; and he who saves a life will be as if he had saved the lives of all humankind.”</p>
<h3><b>Killing unjustly and retaliation</b></h3>
<p>The murder stated in the verse as equal to killing all of mankind is limited to “killing an innocent person who did not cause disorder or corruption on the earth.” This means that if a person sheds the blood of innocent people, there can be retaliation and that killer can face a penalty similar to his own crime. If such a person causes disorder on the earth and therefore causes people to die, if the killings follow one upon another without the killer thinking why they had taken a life and if the victims do not know why they are being killed-as is happening in some parts of the world today-the criminal or the group of criminals who cause such anarchy can be executed. The people who start wars against God and His Messenger, who cause disorder on the earth, who habitually transgress against people’s lives, properties, and chastity, thereby disturbing the order of society, corrupting the generation, should be executed or sent into exile in accordance with the gravity of their crime.</p>
<p>However, even if they have committed such crimes, if the transgressors are truly repentant then none of these punishments is to be carried out; rather the case becomes one of a violation of personal rights. That is to say, the people whose relatives have been killed or whose property has been damaged can forgive the perpetrators, or they can ask for retaliation and compensation for the damage if they wish. To express this in modern legal terms, a complaint can be made or it can be withdrawn. In other words, the punishment of intentional murder in this world is retaliation. The heirs of the deceased can withdraw the demand of execution and ask for compensation, or they can forgo this financial penalty as well. However-given that the killer does not repent after the murder and is not granted divine mercy-the punishment of such a great crime in the Hereafter is eternal hellfire.</p>
<p>Eternal torment because of committing murder might seem to be too great a punishment. In fact, the sin committed is also great; for to kill a person who does not cause disorder on the earth, who does not unjustly shed blood, and who does not cause corruption to necessitate their own execution is like killing all of humanity. This is because such a murderer has violated the right to live that is granted by God Almighty alone; the prohibition of shedding the blood of innocent people has been violated, an ugly deed has been initiated, and thereby the way for others to do the same has been paved and encouragement has been provided.</p>
<p>In addition, even if a murderer kills one innocent person, this murder reveals their personality; it shows that they are inclined to shed blood and commit murder. Someone who has committed one murder in practice has a personality that may potentially kill all people and now their identity in general is that of killer and murderer. Therefore, once having committed that fatal sin, killing another person will not be more difficult for them than the first time; in particular after a few murders, killing will become something ordinary and everyday to them. It is from this perspective that a person who has murdered an innocent soul can be viewed as a murderer of all mankind.</p>
<h3><b>Saving a life…</b></h3>
<p>Whoever saves a person’s life by changing their mind about a murder, by forgiving, or by withdrawing the right of retaliation, or by saving someone from danger, for example, from drowning or being burnt alive, or helping another to survive, is like one who has saved the lives of all people and one who has done that favor for all of mankind. The life-saving mentioned in the verse incorporates forgoing retaliation, not killing, or saving someone from disaster; for the one and only Owner of Life is God, He is the Giver of Life. No one has the power to kill or save in the real sense except for God. Human beings can only become a means for someone to live; they cannot be the true cause. In the Qur’an, Nimrod says: “I give life and make to die,” this is expressed with the word ihya (giving life), but his giving of life means only that he refrains from killing and murder.</p>
<p>Now, in this sense, a person who saves another’s life is-if they can-inclined and willing to save the lives of all mankind. In other words, wherever such a person witnesses injustice, they will immediately try to prevent it.</p>
<p>True, in the verse spiritual salvation is not mentioned literally; but if a believer who has faith in God, His Messenger, and the Hereafter speaks about God, His Messenger, and teaches about the faith, this act can in a way be considered to be ihya. Likewise in verses such as: “O you who believe! Respond to God and to the Messenger when the Messenger calls you (in the Name of God) to that which gives you life…” (Anfal 8:24) God Almighty uses the word ihya, in order to express human beings leaving behind the animal life and ascending to the level of spiritual life. Therefore, if a believing man helps a person who is slave to their carnal desires to ascend from a merely material life to a spiritual life, they can be considered to have brought the latter to life. In this respect, a believer who strives to inspire others to embrace the faith and tries to become a means for their salvation, in terms of their potential aim, can be considered as one who is ready to save all of mankind.</p>
<h3><b>The Most Horrible Kind of Backbiting</b></h3>
<p>On the other hand, we know that God made some things hidden among others: the Greatest Names (Ithm al-Azam) are hidden among the beautiful divine names, the acceptance of prayers (Waqt al-Ijaba) is hidden among Fridays, saints among ordinary people, the Night of Qadr among the last ten days of Ramadan, Doomsday within the life of the universe, and the moment of death within a person’s lifetime. Likewise, there are such transgressions hidden among sins and evil that they can suddenly topple one over and lead to disaster. As a result of this secrecy, which serves to make believers constantly alert, to watch their step, and to seek refuge in God, there are such types or degrees of sins in the same category that attract divine wrath which will strike like a poisonous snake.</p>
<p>As you know, talking about a person behind their back and uttering words that will not please them if they were to hear them is known as backbiting (ghiyba). If what has been said is true, then it is backbiting; if what has been said is a lie, then it is both backbiting and slander; this is several times a greater sin. Together with this, there are also different levels of backbiting (like stairs descending), worse and worse as they go downwards. Those close to God consider even an evil thought to be in the same category, calling it “backbiting of the heart.” Indicating somebody by pointing with your finger or making fun of them with facial gestures is also a form of backbiting. Saying such simple things as somebody is short, or their jacket does not suit them is clearly backbiting. Each of these types of backbiting is a sin; they spoil the goodness of this life and they cause trouble beyond the grave.</p>
<p>However, there is type of backbiting that is an incomparably dangerous and destructive sin. It is so great a sin that in a hadith it is stated that this kind of backbiting is a sin that is twenty times greater than fornication. For example saying things about a person who represents a group, movement, or a community is a sin of this kind, for the fate of that person is united with the community they represent. Therefore, saying bad things about such a person is saying bad things about an entire community.</p>
<p>Moreover, if such backbiting is committed not about an ordinary person but, let’s say, about a man of God like Sheikh al-Jilani, or for example, not about a movement or an ordinary community, but a community like the Naqshbandi order and, to make matters worse, if what started as a simple event of saying bad things becomes widespread through the mass media, if this then becomes a great slander campaign, this is such a horrible sin that it might lead to the loss of faith; there are ways in every sin that lead to unbelief. It is such a deadly crime that, if you were to speak against Sheikh Naqshbandi, you would slander the golden chain of saints of the Naqshbandi order. These people, with the light they received from their Sheikh, have enlightened the world since the time they lived up until our time. They have always been spiritual guides for people. Think how evil it is to destroy this light.</p>
<p>And if the transgressor makes the act even worse by labeling the people they are slandering with names that end in –ist… Then it would be very hard for the slanderer to enter Paradise without asking forgiveness from each member of that community; God’s Messenger said “Do not backbite, for backbiting is worse than fornication. If a person fornicates and repents (promising never to do it again) God Almighty accepts his repentance; but the sin of the backbiter will not be forgiven until he is forgiven by the person he has backbitten.” But it is possible that the All-Merciful Lord can grant extra blessings, allowing the transgressors to face the people they backbit and He may say “grant forgiveness to this servant of mine.” But such a fortunate event depends on a surprise blessing; servanthood is not built on extra blessings.</p>
<p>It is for this reason that believers should try to keep away from all kinds of backbiting, so that they will not face such a terrible end. They should free their tongues from such ugly words and purify their minds from evil thoughts and feelings. For the sake of avoiding a disaster worse than fornication, they should avoid even the most trivial negative utterance, saving themselves from committing the greatest of sins without being aware. To avoid having a share of the zaqqum tree in Hell, they should constantly seek refuge in God and be alert against all kinds of disasters of the tongue.</p>
<h3>Such a degree of fitna</h3>
<p>The same can be said about fitna, which is closely related to our topic. Actually the word fitna has meanings like “deviation, confusion of the mind, differing, falling for something, sinning, unbelief, dazzling beauty, property and children, testing someone, torture, misfortune, or trouble.” In nearly sixty verses of the Qur’an, either this word or another word derived from the same root can be found. While even a disagreement between two people can be called fitna, acts aiming to spread unbelief, turning people from God’s path, and causing terror in society are also categorized as fitna. Making two people dislike each other is fitna and it is an ugly sin; but fitna also has a type so bad that it invokes divine wrath; it cannot be regarded as equal to other types of fitna, for it can instantly make someone fall into a pitfall of Hell and finish their happiness in both worlds. Therefore, in order not to face such a terrible end, we need to keep away from even the pettiest kind of fitna and eliminate the words and actions that may lead to fitna at the very beginning before they become great crimes.</p>
<p>The Qur’an states “fitna is worse than killing…” (Baqara 2:191). That is to say, even if all kinds of fitna are not like killing, there is a type of fitna that is even worse than murder. For instance, trying to spread unbelief through brute force, alienating Muslims from their own values, and making younger generations strangers to their own spiritual values, thereby throwing them into a terrible torment in both worlds are all such grave offenses that they are far more dangerous than murdering an innocent person.</p>
<p>In some murders, there is fitna and murder intermingled. For example, somebody assassinates an important figure and disappears. Then an innocent person or a group is blamed for that murder. Therefore, the situation becomes a blood feud. Both the supporters of the victim and the slandered group suffer. Thus, the murder is not limited to a single event; it is followed by mutual accusations and it becomes a great fitna. Finally, an unstoppable chain of fitnas has been started, and results in a condition of anarchy where thousands of murders are committed.</p>
<p>Unfortunately this kind of fitnas has taken place in the history of Islam and such acts have yielded far worse results than a single murder. For instance, the assassination of the second Caliph, Umar ibn al-Khattab, was not just a simple murder; even more so since, as Hudayfa al-Yamani reported, Umar was a locked door against fitna. After his martyrdom, that door was opened; more correctly, it was broken down. Here we will examine this event in a bit more detail.</p>
<p>One day Umar ibn al-Khattab asked Hudayfa about the words of God’s Messenger describing fitna that surges like the waves in the sea. Hudayfa answered “O the chief of believers, there is no harm to you from this fitna; for there is a locked door between it and you.” When Umar asked “Is that door going to open or be broken down?” Hudayfa answered “It is going to be broken down.” Umar said “Then it will not be locked again until the end of the world.” When one of his friends asked about that door, Hudayfa’s answer was “that door is Umar himself.” In this respect, the assassination of Umar cannot be taken as an ordinary murder; it was the breaking down of the door that blocked against fitna, and the opening of way for fitnas to continue until the end of the world. The Qur’anic statement concerned with the murderer of an innocent person, stating that they will stay in Hell forever, must be concerned with murderers like Umar’s assassin.</p>
<h3><b>What a terrible end!</b></h3>
<p>Ibn Abbas and some of the imams from the generation following the Companions of the Prophet inferred from the following verse that somebody who committed murder will suffer eternal punishment in Hell:</p>
<p><em>“Whoever kills a believer intentionally, his recompense (in the Hereafter) is Hell, therein to abide; and God has utterly condemned him, excluded him from His mercy, and prepared for him a tremendous punishment.” (Nisa 4:93)</em></p>
<p>Some interpreters of the Qur’an have made a different comment: In the same way that a murderer deserves to be executed in return for the crime they have committed, the same punishment must be given to one who has killed all of mankind. There is no greater punishment to be given. Likewise, as the punishment of the murderer of a single person is eternal Hell, the punishment of one who has murdered all of mankind must be the same. Therefore, a person who has murdered a single person is like one who has murdered all of mankind.</p>
<p>The divine statement “Assuredly God does not forgive that partners be associated with Him; less than that He forgives to whomever He wills” (Nisa 4:48) limits the meaning of the verse we mentioned above. However, when we look at the issue on the whole, we will see that even if it is not true that every murderer will stay in Hell forever, there is such a type of murder that the one who commits it will suffer eternal torment.</p>
<p>To sum up, as there are degrees of sins, like backbiting and fitna, murder too has different degrees as an offense, depending on the identity and status of the victim, and the results it will bring about. Whoever the victim is, a murder is a grave crime, but assassinating the commander of an army or the head of a state is not the same as killing an ordinary citizen in terms of the chain of events that follow. Again, a murder committed in the Sacred Mosque in Mecca where it is even forbidden to kill an insect or pick tree leaves will not be equal to a murder committed somewhere else. It is for this reason that Ibn Abbas considers killing a Prophet or a leader of believers as equal to killing all mankind. Therefore, those who execute a person whose fate is united with a nation’s fate will have issued an execution decree for an entire nation. Those who poison a man of action who devoted himself to the salvation of all of mankind can be considered to have poisoned an entire nation; we can even say that they have poisoned Prophet Muhammad and his Companions. This is such great an atrocity that even if those who commit it are believers, they can never find their way to Paradise unless they are forgiven by all of mankind.</p>
<p>So, in order not to commit such a great crime, one should keep away from any type of murder. Similar dangers and the same principle still exist for today’s people. When Hasan al-Basri was asked, “is the same principle still valid for us?” he replied: “I swear by God Almighty apart from Whom there are no gods that yes, it is; for the blood of the Children of Israel is not more valuable than our blood.”</p>
<p>In conclusion, all kinds of unjust murders are great sins; but we can talk about different degrees, depending on the time, place, the identity of the victim, and his status.</p>
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		<title>Is there still a chance for me to be forgiven?</title>
		<link>https://fountainmagazine.com/all-issues/2005/issue-50-april-june-2005/is-there-still-a-chance-for-me-to-be-forgiven/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Fri, 01 Apr 2005 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 50 (April - June 2005)]]></category>
		<category><![CDATA[A Moment for Reflection]]></category>
		<category><![CDATA[angel]]></category>
		<category><![CDATA[angels]]></category>
		<category><![CDATA[closer]]></category>
		<category><![CDATA[form]]></category>
		<category><![CDATA[god]]></category>
		<category><![CDATA[good]]></category>
		<category><![CDATA[hadith]]></category>
		<category><![CDATA[human]]></category>
		<category><![CDATA[killed]]></category>
		<category><![CDATA[man]]></category>
		<category><![CDATA[mercy]]></category>
		<category><![CDATA[people]]></category>
		<category><![CDATA[priest]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[repentance]]></category>
		<category><![CDATA[scholar]]></category>
		<category><![CDATA[told]]></category>
		<category><![CDATA[village]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2005/issue-50-april-june-2005/is-there-still-a-chance-for-me-to-be-forgiven/</guid>

					<description><![CDATA[The following Hadith on repentance is narrated in the Hadith collections of both Bukhari and Muslim: Once there was a man, a long time before, who killed ninety-nine people. One day he began to feel remorse for his actions, and he began to search for the most renowned scholar of the area. He was told [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><em>The following Hadith on repentance is narrated in the Hadith collections of both Bukhari and Muslim:</em></p>
<p>Once there was a man, a long time before, who killed ninety-nine people. One day he began to feel remorse for his actions, and he began to search for the most renowned scholar of the area. He was told that he should go to see a certain priest. When he went to the priest, he told him that he had killed ninety-nine people and asked whether his repentance would be accepted. When the priest said “No,” he killed the priest too. In this way, the number of murders he had committed increased to a hundred.</p>
<p>After this, he was again full of remorse and inquired who the greatest scholar of the time was. A prominent scholar was recommended to him. The man told the scholar that he had killed a hundred people and asked whether his repentance would be accepted. The scholar told him that (of course) he could repent, that no one had the right to stand between a person and his repentance, and told him to go to a certain place where people who worshipped God were living. He told him; “Worship God along with them. Don’t return to your village, because it is an evil place.”</p>
<p>The man set forth, yet he died halfway (through his journey). Upon his death, the angels of punishment and the angels of mercy disagreed about (what to do with) the man. The angels of mercy said: “this man has come here as penitent and has turned to God with his heart,” while the angels of punishment said: “He did not perform any good deeds.”</p>
<p>Meanwhile, an angel in human form appeared. The angels of mercy and the angels of punishment agreed that this angel should judge the disagreement.</p>
<p>The angel in human form said: “Measure the distance from both sides, and compare them. He will belong to whichever side he is closer to.” When they measured the distances and compared them, they saw that he was closer to his destination by the length of a hand, and the angels of mercy took him away.</p>
<p>According to another report, the last part of the hadith is as follows: “After God ordered the former village to recede, and the latter to come nearer, the angel in human form told them to measure the distance from both sides. When they did as they were told, they saw that he was closer to the village of good people by the length of a hand. In this way he was forgiven.</p>
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		<title>The Necessity of Reflection and Self-Criticism</title>
		<link>https://fountainmagazine.com/all-issues/2001/issue-36-october-december-2001/the-necessity-of-reflection-and-self-criticism/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Mon, 01 Oct 2001 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 36 (October - December 2001)]]></category>
		<category><![CDATA[aware]]></category>
		<category><![CDATA[Belief]]></category>
		<category><![CDATA[believers]]></category>
		<category><![CDATA[book]]></category>
		<category><![CDATA[creation]]></category>
		<category><![CDATA[criticism]]></category>
		<category><![CDATA[divine]]></category>
		<category><![CDATA[god]]></category>
		<category><![CDATA[hearts]]></category>
		<category><![CDATA[human]]></category>
		<category><![CDATA[Lead Article]]></category>
		<category><![CDATA[life]]></category>
		<category><![CDATA[live]]></category>
		<category><![CDATA[mercy]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[reflect]]></category>
		<category><![CDATA[reflection]]></category>
		<category><![CDATA[Self-Criticism]]></category>
		<category><![CDATA[Spiritual]]></category>
		<category><![CDATA[study]]></category>
		<category><![CDATA[universe]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2001/issue-36-october-december-2001/the-necessity-of-reflection-and-self-criticism/</guid>

					<description><![CDATA[Our first and foremost duty is to discover ourselves and then turn toward God through the illuminated prism of our nature. People who remain unaware of their true nature, and who therefore cannot establish any contact with their Creator, spend their lives like coolies who are ignorant of the treasure they are carrying on their [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>Our first and foremost duty is to discover ourselves and then turn toward God through the illuminated prism of our nature. People who remain unaware of their true nature, and who therefore cannot establish any contact with their Creator, spend their lives like coolies who are ignorant of the treasure they are carrying on their backs.</p>
<p>Those who want to reform the world must first reform themselves. If they want to lead others to a better world, they must purify their inner worlds of hatred, rancor, and jealousy, and adorn their outer worlds with virtue [through reflection and self-criticism, among other practices].</p>
<h3><b>The Role of Reflection</b></h3>
<p>Reflection literally means to think on a subject deeply, systematically, and in great detail. In a spiritual context, it signifies reflection, which is the heart’s lamp, the spirit’s food, and the spirit of knowledge. Reflection allows believers to discern what is good and evil, beneficial and harmful, beautiful and ugly, and makes the universe a book to study and reveals the Qur’an’s deeper meanings more clearly.</p>
<p>Reflection is a vital step in becoming aware of what is going on around us and of drawing conclusions from it. It opens the door of experience, nourishes the truth, and opens the pupil of the heart’s eye. As Prophet Muhammad stated: “No act of worship is as meritorious as reflection. So reflect on God’s bounties and the works of His Power, but do not try to reflect on His Essence, for you will never be able to do that.”</p>
<p>The verse: They reflect on the creation of the heavens and Earth (3:190) presents the Book of the Universe (creation itself) with its way of creation, the peculiarities of its letters and words, the harmony and coherence of its sentences, and its firmness as a whole. By calling us to reflect upon the universe, the Qur’an shows us one of the most beneficial methods of reflection: to reflect on and study the Qur’an, and to follow it in all our thoughts and actions; to discover the Divine mysteries in the Book of the Universe and, through every new discovery that deepens and unfolds the true believer, to live a life full of spiritual pleasure along a way of light extending from belief to knowledge of God and therefrom to love of God; and then to progress to the Hereafter and God’s pleasure and approval-this is the way to become a perfect, universal human being.</p>
<p>Reflect upon every scientific field, but remember that the rational and experimental sciences are only a first step or a means to reach reflection’s final target: knowledge of God. Studying existence as if it were a book to be reflected upon can engender the desired results and provide ceaseless information and inspiration, but only if one admits that God creates all things and their attributes.</p>
<p>Reflection must be based on and start with belief in God as the Originator of creation. Doing so will enable one to progress uninterruptedly and without end. Encouraging people to engage in reflection focused upon a determined aim entails urging them to learn and use the methods of sciences that study how existence is manifested. Since everything belongs to God, studying every incident, item, and quality also means studying how the Creator deals with existence. Those who study and accurately comprehend this book of existence, and then live according to it, will follow the way of guidance and righteousness all the way to the final station of Paradise.</p>
<h3><b>The Role of Self-Criticism</b></h3>
<p>Self-criticism literally means reckoning, settling accounts, and self-interrogation. In a spiritual context, however, it describes believers who constantly analyze their deeds and thoughts in the hope that correcting them will result in increased closeness to God. They thank God for what they have done, and seek His forgiveness through repentance and remorse. Self-criticism is the very important and serious attempt of asserting personal loyalty to God.</p>
<p>It also may be described as seeking and discovering their inner and spiritual depth, and exerting the necessary spiritual and intellectual effort to acquire true human values and to develop the sentiments that encourage and nourish them. This is how they distinguish between what is good and bad, as well as what is beneficial and harmful, and maintain upright hearts. Furthermore, it enables believers to evaluate the present and prepare for the future. Engaging in self-criticism also enables believers to achieve a steady relationship with God, for this relationship depends on their ability to live a spiritual life and remain aware of what takes place in their inner world. Success preserves their celestial nature as true human beings and continually regenerates their inner senses and feelings.</p>
<p>Believers cannot be indifferent to self-criticism. On the one hand, they try to revive their ruined pasts with the breezes of hope and mercy blown by such Divine calls as: Repent to God (24:31) and: Turn to Your Lord repentant (39:54) that echo in their consciences. On the other hand, warnings as frightening as thunderbolts and as exhilarating as mercy are contained in such verses as: O you who believe! Be conscious of God and observe your duty to Him. And let every soul consider what it has prepared for the morrow (59:18) bring believers to their senses and make them once again strive to avoid sin.</p>
<p>Taking each moment of life to be a time of germination, they seek ever-greater depth in their spirits and hearts with insight and consciousness arising from belief. Even if sometimes pulled down by their carnal dimension, they remain alert: Those who fear God and observe His commandments, when a passing stroke from Satan troubles them, they immediately remember (God), and lo! they are all aware (7:201).</p>
<p>Self-criticism attracts Divine Mercy and Favor, which enables believers to deepen their belief and servanthood, to practice Islam successfully, and to attain nearness to God and eternal happiness. It also prevents despair, which ultimately leads to reliance on personal acts of worship to be saved from Divine punishment in the Hereafter.<sup>1</sup></p>
<p>As self-criticism opens the door to spiritual peace and tranquillity, it also causes a greater consciousness of God and His punishment. Those who criticize themselves always hear the echo of the Prophetic warning: “If you knew what I know, you would laugh little but weep a lot.” Self-criticism continuously inspires anxiety in the hearts of those who are fully aware of the heavy responsibility they feel-the anxiety voiced as in: “If only I had been a tree cut into pieces.” While such a degree of self-criticism is hard to attain, it is also difficult for those who do not do so [to be sure that they will be able] to live today better than yesterday, and tomorrow better than today.</p>
<p>Constant self-criticism and self-reprimand show the perfection of a believer’s belief. Those who strive to reach human perfection are conscious of this life and spend every moment of it struggling with their carnal natures. They do not allow everything that occurs to their hearts and minds to enter, for they understand the necessity of self-control. Self-criticism and evening reviews of the day’s activities are constant, even for those acts that seem most sensible and acceptable, and new resolutions are made. Believers knits the “lace of his or her life” with the “threads” of self-criticism and self-accusation.</p>
<p>So long as believers show such loyalty and faithfulness to the Lord and live in such humility, the doors of heaven will be thrown open and an invitation will be extended: “Come, O faithful one. You have intimacy with Us. This is the station of intimacy. We have found you a faithful one.” Every day they are honored with a new, heavenly journey in the spirit. It is God Himself Who swears by such a purified soul in: Nay, I swear by the self-accusing soul! (75:2).</p>
<p>These new people will conquer their selves, thoughts, and hearts, and those of others, and will discover the unknown. They will regard any time spent not taking a new step into the depths of the self and the universe as wasted. As they remove, through faith and knowledge, the veils covering the face of reality, they will become even more eager to advance further. With the messages of answers received from the heavens, Earth, and the seas, they will continue to journey until they return to their Creator</p>
<h3><b>Footnotes</b></h3>
<ol>
<li><em>If believers despair (of Divine mercy) concerning their eternal life because of their sins, relief from Divine punishment is sought. They then remember and so rely on past good deeds. However, this way is utterly inadequate, for only through Divine mercy can one be saved from God’s punishment and enter Paradise.</em></li>
</ol>
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		<title>Victim Rights in Islam and Western Legal Systems: A Comparative Anlysis</title>
		<link>https://fountainmagazine.com/all-issues/1999/issue-25-january-march-1999/victim-rights-in-islam-and-western-legal-systems-a-comparative-anlysis/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Fri, 01 Jan 1999 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 25 (January - March 1999)]]></category>
		<category><![CDATA[Belief]]></category>
		<category><![CDATA[crime]]></category>
		<category><![CDATA[criminal]]></category>
		<category><![CDATA[diyya]]></category>
		<category><![CDATA[forgive]]></category>
		<category><![CDATA[forgiveness]]></category>
		<category><![CDATA[involvement]]></category>
		<category><![CDATA[islam]]></category>
		<category><![CDATA[islamic]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[offender]]></category>
		<category><![CDATA[process]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[qisas]]></category>
		<category><![CDATA[qur’an]]></category>
		<category><![CDATA[retribution]]></category>
		<category><![CDATA[society]]></category>
		<category><![CDATA[system]]></category>
		<category><![CDATA[victim]]></category>
		<category><![CDATA[victims]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/1999/issue-25-january-march-1999/victim-rights-in-islam-and-western-legal-systems-a-comparative-anlysis/</guid>

					<description><![CDATA[1. Individual and society as victim While it is true that crimes committed against an individual usually affect society as well, in many cases it is the victims whose rights are directly violated (Udeh 1990, p.l94). Since they suffer directly from the crime, they should have a role in the process of ‘punishment’ or ‘pardoning’, [&#8230;]]]></description>
										<content:encoded><![CDATA[<h3><b> 1. Individual and society as victim</b></h3>
<p>While it is true that crimes committed against an individual usually affect society as well, in many cases it is the victims whose rights are directly violated (Udeh 1990, p.l94). Since they suffer directly from the crime, they should have a role in the process of ‘punishment’ or ‘pardoning’, a process which concerns them, both physically and emotionally, at least as much as it concerns society. In modern Western legal systems, consideration of victims’ rights is a separate procedure from the punishment process. But a legal system that aims to compensate victims needs to consider ‘emotional’ as well as ‘material’ suffering.</p>
<p>Involvement of the victims in the punishment process should not be regarded simply as a means of giving them access to retaliation or retribution; it is also a highly effective means of emotional release for victims. Whatever punishment is decreed by the court, if the victims are not consulted, they may feel ‘let down’ by the system. Involving them can help restore credibility to the legal system, as well as having, in certain cultures, an extra deterrent affect on potential criminals.</p>
<h3><b>2. Offender and victim</b></h3>
<p>The concept of victim involvement is well established in the Islamic system, but is relatively new in the West and has not yet been systematically worked out. Until the 1990s, Western legal systems were primarily concerned with the rights of suspects and offenders. Since then, attention has increasingly been drawn to direct involvement of victims. A revised and strengthened Victim’s Charter was published in 1996 along with Guidance to Services from the Association of Chief Officers of Probation (ACOP, 1996). It envisages consultation of the victims before decisions are made about release conditions of offenders serving long sentences (see Nettleton et al., 1976, p.3). Some argued that providing information to victims about release plans for offenders could open the latter to (possibly violent) reprisal, (Kosh and Williams 1995, p.15) and in any case, had the offender not been punished already? On the victims’ side, Nettleton et al. (1997a) noted that: ‘&#8230; it was not uncommon for victims of serious offences to move house, even moving to a completely new area, on hearing that an offender was likely to be allowed to resettle in their mutual home area.’ In such a case the law effectively allows an offender to once more offend against the same victim.</p>
<h3><b> 3. Crimes committed against individuals and society</b></h3>
<p>Every crime which harms an individual may also harm the society. Depending on the level of injury to the individual or society, the punishment in the Islamic legal system is classified under three broad categories as hadd, ta’zir and qisas or diyya.</p>
<p>3. 1. Hadd, (‘limit’, ‘restrictive ordinance’) refers to the five offences of zina (‘fornication’ or ‘adultery’), ‘false accusation, ‘wine-drinking’, ‘theft’ and ‘highway robbery’ for which fixed penalties are laid down in the Shari‘a. Such acts are essentially regarded as crimes against God (Heyd, 1973, p.340). The punishment prescribed by the Law cannot be reduced or increased even in response to the promptings of compassion (Siddiqi 1979, p.8).</p>
<p>3. 2. Ta’zir is a discretionary punishment aimed at deterrence and, where that is appropriate, reform of the offender.</p>
<p>3. 3. Qisas is a divine ordinance restricting retribution to parity with the crime (life for life, injury for injury, etc.). Right of retribution may be waived in favour of blood-money or diyya (Heyd 1973, p.339); further, even this compensation may be waived by the victim in favour of outright forgiveness.. Yusuf Ali (1989, p.71) states that the translation ‘retaliation’ for qisas is incorrect. Retaliation carries the sense of returning evil for evil, which is what happened in the blood-feuds of the pre-Islamic period: the crime and its consequences were kept going by the feuds, not resolved and put an end to. Qisas means that one who has committed a particular crime may be lawfully punished in the same way and to the same degree as his crime, unless the victim (or representative of the victim) accepts compensation, or chooses outright forgiveness. Whether retribution or forgiveness is chosen, the aim is to close the circle on the crime, and not to let it persist.</p>
<h3><b>4. The involvement of the victim in the punishment process</b></h3>
<p>Of the three choices open to the victim, retribution, compensation, outright forgiveness, the Qur’an commends the Muslims to agree a settlement or to forgive the offender. The injured party (plaintiff or victim’s next of kin) is permitted to pardon the culprit altogether or to make a ‘settlement’ (sulh) with him (Heyd 1973, p.339), but retribution remains a legal right.</p>
<p>Western discussions of qisas translate it as retaliation, which connotes vindictiveness or revenge rather than redress of a wrong by equalizing the harm (Bassiouni 1982, p.203).</p>
<p>The Qur’an in this matter continues the tradition of the Judaeo-Christian teachings concerning law of eye for an eye, tooth for a tooth. As we noted, this law forbids the victim or victim’s family to demand more in punishment than was suffered. This practice proved its effectiveness in preserving social order in the early period of Islam when there was no organized system of criminal justice and penalties were carried out by the victim or victim’s family rather than by institutions and their official personnel (Bassiouni 1982, p.204).</p>
<p>One of the aims of qisas is to limit the consequences of certain categories of wrongdoing. Furthermore, some provisions in the Qur’an indicate that the retributive punishment must be inflicted in the manner least likely to aggravate the situation. The principle satisfies the general human need to have justice done on the perpetrator of crime while precluding unnecessary harm. That general human need can also be satisfied by the state or community acting for and on behalf of the victim, as most contemporary systems of criminal justice aspire to do.</p>
<p>The alternative penalty called diyya (or compensation) to be paid by the wrong-doer or his family to the victim or his/her family. Diyya is payable in certain cases of homicide and bodily harm upon a scale proportionate to the degree of incapacity or injury caused (Heyd, 1973: 338). The principle of diyya finds analogous expression in the contemporary science of victimology, whereby compensation emphasizes decriminalization of the act and compensation of the victim as an alternative to the traditional punishment of incarceration. As</p>
<p>between qisas and diyya, the Qur’an clearly commends the latter and forgiveness (2.178). The preference illustrates the bond of continuity between temporal law and religion since the forgiver will be rewarded in heaven, which, for a Muslim, is a much greater reward than any other. Thus, the combination of diyya and forgiveness produces a powerful material and spiritual inducement to forgo retribution (Bassiouni 1982, p.205). When the victim has the right and the choice to demand punishment or pardon the offender, in many cases, the victim chooses to forgive. One of the reasons behind this preference is that the victim believes that he will be rewarded by the God for his forgiveness.</p>
<p>Finally, critics of Islam wrongly imagine that punishments must be inflicted every day and on a mass scale. They also fancy that Islamic societies daily witness flogging, hand-cutting and stoning to death. The fact is that such deterrent punishments have been executed very rarely. For example, the punishment for theft was carried out only six times over a period of four hundred years-clear proof that such punishment was primarily meant to prevent crime (Siddiqi 1979, p.40).</p>
<h3><b> 5. The effects of the involvement of the victim</b></h3>
<p>The systematic involvement of the victim in the punishment process is unique to Islam. It makes two important contributions in the criminal justice field. Firstly, involvement of the victim appeases the victim who otherwise feels shunned or ignored by the legal system. It is the victim who suffers from the crime first, and therefore must have a say in the punishment or pardoning of the offender.</p>
<p>Secondly, the involvement of the victim in the punishment process may also have a deterrent effect on likely offenders. Some offenders may be happy to commit certain acts and face the legal punishment which sometimes, for them, may be a very short imprisonment. But if they believe that their victim(s) might have a say in the punishment which they face, this may deter them. We may also add, here, the spiritual and moral force of forgiveness, if that option is chosen by the victim or victim’s party, in inwardly reforming the offender through practical demonstration of unselfishness.</p>
<h3><b> 6. Forgiveness as an option</b></h3>
<p>There are many verses in the New Testament which urge, if not quite require, the victim to forgive the offender (Matthew 18. 21-35; Acts 13. 26- 39; Ephesians 4.32-32; Luke 6.27-31): ‘But I tell you who hear me: Love your enemies, do good to those who hate you, bless those who curse you, pray for those who ill-treat you. If someone strikes you on one cheek, turn him the other also. If someone takes your cloak, do not stop him taking your tunic’ (Luke 6. 27-29).</p>
<p>By contrast, the Qur’an commends but does not require the victim to forgive the aggressor: ‘O you who believe! The law of equality is prescribed to you in cases of murder; the free for the free, the slave for the slave, the women for the women, but if a remission is made by the brother of the slain, then grant any reasonable demand and compensate him with handsome gratitude. This is a concession and a mercy from your Lord. After this whoever exceeds the limits shall be in grave chastisement.’ (2.178)</p>
<p>The option to forgive is a right that belongs to the victim, not to the court. Most legal systems, if not all, do countenance, for particular reasons and in different ways, a reduction or even suspension of punishment. My argument, based upon the Qur’an, is that, just as victims may not demand a punishment greater than is prescribed by law, so too the court may not deny their right to either reduce the punishment prescribed or forgive the crime outright.</p>
<p>The New Testament, as we saw, requires Christians to forgive; no other option is sanctioned by the religion-not retribution, nor compensation-only forgiveness. In a famous text the ancient lex talionis is almost explicitly abrogated: ‘You have heard that it was said, “An eye for an eye and tooth for a tooth.” But now I tell you: do not take revenge on someone who wrongs you. If anyone slaps you on the right cheek, let him slap your left cheek too. And if someone takes you to court to sue for your shirt let him have your coat as well.’ (New Testament, 1976, p.14).</p>
<p>Is this a sustainable way for society to deal with crime, or to restore the moral and emotional order which crime violates? Legal punishment has its root in the natural impulse to revenge a wrong suffered. The impulse is gratified through retaliation by or on behalf of the victim. Later, this retaliation is taken on by the state on behalf of society in general and the victim in particular. Indeed, it has been argued that the state’s assumption of the function of revenge is what constituted the beginning of criminal law (Dakkak 1994:88).</p>
<p>Requiring the victim to forgive the aggressor outright without the option of a measured, legally defined, retribution, goes against human nature. It denies a vital need, individual and collective, for redress which has a deterrent function as well as a role in restoring a violated moral and emotional equilibrium. In sum, the human need for redress should not be left out any more than the human desire to forgive should be left out.</p>
<h3><b> Conclusion</b></h3>
<p>Modern Western legal systems are adapted to a philosophy that regards the individual’s life in this world as the be-all and end-all. Very often criminals are treated very leniently because, it is argued, they are victims of circumstances, psychological complexes, nervous disorders, beyond their control. This attitude is contrary to natural justice insofar as it denies to the victims of crime their need to forgive if they choose and are able, or to agree to a compensatory settlement, or to demand the prescribed punishment. Giving the victims a say in the punishment process, according to the Islamic pattern described above, returns to victims their rights and duties in a matter that directly concerns them, and concerns them most. It constitutes a major contribution to the field of victimology and is, characteristically of Islam, a supremely well-balanced approach. It is high time Western legal philosophy and procedures took note of it and learnt from it.</p>
<h3><b>References</b></h3>
<ul>
<li><em>A. John Simmons, Marshall Cohen, Joshua Cohen, Charles R. Beitz (eds) (1995) Punishment: </em>A Philosophy and Public Affairs Reader, Princeton University Press, New Jersey.</li>
<li>Abdul Qader Oudah Shaheed (1987) Criminal Law of Islam, vol.1, International Islamic Publishers, Karachi.</li>
<li>Abdulkadir Qdeh (1990) Mukayeseli Islam Hukuku ve Beseri Hukuk, Rehber Yayinlari, Ankara.</li>
<li>Abdullah Yusuf Ali (1989) The Holy Qur’an: Text, Translation and Commentary, Amana Corporation, Maryland.</li>
<li>Association of Chief Officers of Probation (1996) Probation Services and Victims of Crime, ACOP, Wakefield.</li>
<li>Hilary Nettleton, Sandra Walklate &amp; Brian Williams (1997a) Probation Training with the</li>
<li>Victim in Mind: Partnership, Values and Organizations, Keele University Press, Keele.</li>
<li>Hilary Nettleton, Sandra Walklate &amp; Brian Williams (1997b) ‘Three models of probation</li>
<li>involvement with victims of crime’, paper presented to the British Criminology Conference, Queen’s University of Belfast, 15-18 July 1997.</li>
<li>Kosh, M. and Wiliams, B. (1995) The Probation Service and Victims of Crime: A Pilot Study, Keele University Press, Keele.</li>
<li>M. Chertif Bassiouni, (ed.) (1982) The Islamic Criminal Justice System, Oceana Publications, Inc., New York.</li>
<li>M. Shakry El-Dakkak (1994) Repentance as a Defence: Comparative Study under Islamic</li>
<li>Law, Common Law and Continental Law, A. S. Noordeen, Kuala Lumpur.</li>
<li>New Testament (1976) Good News Edition, The Bible Society Collins/Fount, Swindon.</li>
<li>Uriel Heyd (1979) Studies in Old Ottoman Criminal Law, (ed. by V. L. Menage), Clarendon Press, Oxford.</li>
</ul>
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