Al-Hidayah

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Al-Hidayah fi Sharh Bidayat al-Mubtadi (d. 593 AH/1197 CE) (al-Hidāyah fī Sharḥ Bidāyat al-Mubtadī), commonly referred to as al-Hidayah (lit. "the guidance", also spelled Hedaya), is a 12th-century legal manual by Burhan al-Din al-Marghinani, which is considered to be one of the most influential compendia of Hanafi jurisprudence (fiqh).

Quotes[edit]

  • The Hidayah lays down that “if the Mussulmans subdue an infidel territory before any capitation tax be established, the inhabitants, together with their wives and children, are all plunder, and the property of the state, as it is lawful to reduce to slavery all infidels, whether they be Kitabees, Majoosees or idotters.” The Hidayah also lays down that “whoever slays an infidel is entitled to his private property,” which invariably included his women and children.
    • Hedaya, Hamilton, Quoted from Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Chapter 5
  • T.P. Hughes on the authority of the Hidayah says: “The Imam, with respect to captives, has it in his choice to slay them because the Prophet put captives to death and also because slaying them terminates wickedness; or, if he choose, he may make them slaves, because by enslaving them the wickedness of them is remedied, and at the same time the Muslims reap an advantage; or, if he please, he may release them so as to make them freemen and Zimmis… but it is not lawful so to release the idolaters of Arabia, or apostates… If captives become Muslims, let not the Imam put them to death; … but yet he may lawfully make them slaves, after their conversion…”
    • Hughes, T.P., Dictionary of Islam, W.H. Allen & Co., London, 1885, 597. Quoted from Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Ch. 11
  • An exposition of the faith is to be laid before an apostate; who, if he repent not within three days is put to death.” A female slave or free woman who apostatizes is not to be killed, but she “must be daily beaten with severity until she return to the faith.
    • Hedaya, Hamilton, II, 225-26, 228. Quoted from Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Ch. 11
  • [The Muslim detests the company of kafirs] “because the object, in the purchase of a female slave, is cohabitation and generation of children.”
    • Hedaya, Hamilton, II, 409. Quoted from Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Ch. 11
  • As M. Mujeeb says, "The Hidayah is quite explicit about the legality of Jihad (holy war) against infidels even when they have not taken the offensive." As Hughes himself quotes from Burhanuddin Ali's Hidayah, to the latter Jihad or "war is permanently established until the day of judgement".
    • Mujeeb, M., The Indian Muslims, London, 1967. p. 68, also p. 71. Quoted from Lal, K. S. (1999). Theory and practice of Muslim state in India. New Delhi: Aditya Prakashan. Chapter 3
  • The Hedaya (Guidance), the Muslim Law Book par excellence, quotes the Prophet and lays down: 'We are directed to make war upon men until such time as they shall confess. There is no God but Allah.' ... *The Muslim Law (Hedaya) lays down that 'as the tokens of Islam (such as public prayers, festivals, and so forth) appear in the cities, Zimmis should not be permitted to celebrate the tokens of infidelity there.'
    • Ram Swarup in Hindu Temples, what happened to them. [1]
  • 'Muslims,' says the Hidayah 'should allow the narrowest passage to the Kafirs going on throughfares.'
  • According to the Hidãyah, “[the infidels have to] perceive that they are attacked for the sake of religion, and not for the sake of taking their property, or making slaves of their children”.
    • The Hedaya, translated by Hamilton, Book IX, Chapter II. . Quoted by Suhas Majumdar, Jihad, the islamic doctrine of permanent war [2]
  • The Hidãyah brings out the true character of jizyah with transcendent clarity. “The capitation tax,” it declares, “is a species of punishment, inflicted upon infidels on account of their infidelity, whence it is termed Jizyat, which is derived from Jizya, meaning retribution.” Again, “Capitation tax is a sort of punishment inflicted upon infidels for their obstinacy in infidelity.”3 The author continues this reasoning to its logical end and gives his own gloss on the all-important Koranic verse (9/29). He says in so many words: “Whence it is that it cannot be accepted of the infidel if he send it by the hands of a messenger, but must be exacted in a mortifying and humiliating manner, by the collector sitting and receiving it from him in a standing posture; (according to one tradition), the collector is to seize him by the throat, and shake him saying ‘Pay your tax, Zimmee’.” Indeed, the Hidãyah makes no bones about the long-term objective of jizyah, which is nothing short of forcing the helpless kharãjguzãr into the fold of Islam. “If a person becomes a Musulman, who is indebted for any arrear of capitation tax, such arrear is remitted. The Prophet has declared that ‘capitation tax’ is not incumbent upon Musulman. (Hence this) temporal punishment for infidelity is remitted in consequence of the faith.” Shaikh Burhanuddin Ali has explained the real intention of jizyah with luminous perspicuity... The Hidãyah recognises this “aid to the troops” of Islam as a lawful use of jizyah, and rationalises the division of the kharãjguzãrs (=payers of jizyah) into the three classes mentioned above by arguing that “capitation tax is due in lieu of assistance (in jihãd) with person and property; but as property is different with respect to being more or less, so in the same manner is its substitute (i.e. jizya) different.”
    • The Hedaya, Quoted from Suhas Majumdar, Jihad, the islamic doctrine of permanent war
  • “Being kafir is a defect in both ghulam and bandi as by nature the Musalman detests to associate with or keep company of a kafir.”
    • Ashraf-ul-Hidayah, Deoband, VIII, 138-39. quoted from K.S. LAL Slave system in medieval india, 1994.

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