CONTEMPORARY ISSUES IN ISLAM

INTRODUCTION
'Contemporary' is an adjective that refers to events, issues, etc that are ongoing presently.
Contemporary issues therefore is synonymous with 'current affairs' "1.It could also mean "a topic
of interest or discussion"2in Islam. Questions that normally arise in relation to Islam are; "If
Islam is a religion of peace why is it that the Islamic world is in such turmoil and is dogged with
jihadi movements? If Quran gives equal status to men and women, why is it that Muslim women
in most of the Islamic countries are most suppressed lot and the whole world thinks Islam
deprives women of their rights?"3All this questions will be dealt with below.
A) ISLAM AND TERRORISM:
It is unfortunate that Islam, the religion of peace, hope, harmony, goodwill and brotherhood had
been badly tarnished by the perpetrators of various terrorist acts and barbarism as seen in recent
years.4 The latest attacks and bombings in Kuwait, Syria and Kenya are vivid examples of how
terrorism is spreading throughout the world. In Kenya and throughout the world, leading Muslim
scholars have vehemently condemned these attacks stressing that attempts to spoil religious
harmony would be foiled and that these acts are completely in contravention with the Islamic
jurisprudence and ethical laws.

1 https://answers.yahoo.com//
2 www.freedictionary.com
3 www.theamericanmuslim.org-Islam &contemporary issues
4Islam and Terrorism www.alislam.org/library/links/00000104.html

Islamic law sources, which include Quran and Hadith clearly states the position of Islam in jihad
and provides for the diplomatic immunity and ethics of war. Freedom is one of the greatest gifts
that God has ever presented to human beings and depriving one of such freedom is a great
misery.5 The holy Quran declares that, when engaged in a regular battle, it should be fought
bravely and relentlessly. War can be continued until peace and freedom of conscious are
established. Prisoners are to be taken judicially. Freemen cannot be deprived of their liberty
without a just and reasonable cause. When war is over, prisoners should be released as an act of
favor or on taking ransom or by negotiating a mutual exchange.6
Islamic scriptural commandments and the precepts of the Prophet of Islam concerning
diplomatic immunity are free from ambiguities. In a nutshell, taking hostages and maltreating
envoys and private citizens in any shape and form is totally foreign to the teachings and doctrines
of Islam.7
The concept of jihad in Islam constitutes the making of an effort to endeavor and striving in a
noble way. It occurs in two forms; jihad-e-Akbar (the greater jihad) and jihad-e asghar (the lesser
jihad). The former is where by one fights with his/her own person or soul to curb any sinful acts.
It is a purification of ones self and is viewed as the most difficult jihad and that which attracts
the most rewards and blessings from God.8 The latter is what is regarded as jihad of the sword
and it presupposes certain specific conditions. The Quran speaks of fighting only against those
5 Ibid
6 The Holy Quran 5:47
7 Supra No.1
8 Ibid

who first attack Muslims and this is the very condition laid down in other verses of the Holy
Quran as well.9
The Quran states, on that account: we ordained for the children of Israel that if anyone slew a
person-unless it be for murder or for spreading mischief in the land-it would be as if he slew the
whole people; and if anyone saved a life, it would be as if he saved the life of the whole people.
Then, although there came to them our apostles with clear signs, yet, even after that, many of
them continued to commit excesses in the land.10
Centuries before the Geneva Convention was drawn up, Muslims were bound by a code of
conduct which the prophet set. He forbade the killing of women, children and elderly in war.
Justice should not only be shown to humans but also to animals and all living things.11
B) ISLAM AND NON MUSLIMS
This sub topic is closely related with Islam and terrorism. Recently in Kenya the Mandera attacks
that were carried out by terrorists where the victims were Non Muslims. A topic for discussion
that then arose was "Does Islam not respect the rights of Non Muslims?","Why did the terrorists
only kill Non-Muslims? To clarify the issue the attacks is not a representation of Islam since
Islam highly regards the rights of Non Muslims. The Quran states that there is no compulsion in
religion ... (Quran 2:256). Not only does islam demand their freedom to practice religion ,but
also that they be treated justly as any other fellow humans .Islam warns against any abuse of non
muslims in an Islamic society.
9 Ibid
10 The Holy Quran 5:32
11 What Does Islam Say About Terrorism discover.islamway.net/articles.php?
articles_id=47

The Prophet stated;

Beware! Whoever is cruel and hard on a non muslim minority ,curtails their rights ,burdens them
against their free will; I (prophet Muhammad) will complain against the person on the day of
judgement.
Rights they posses

C)

Right to preservation of dignity as human beings

Right to freedom of belief.
Right to follow their religious laws,justice and good treatment.
Right to security of life ,property and honour".12
HUMAN RIGHTS IN ISLAM:

Human rights in Islam have been granted by God and since they have been conferred by Him
alone, no legislative or government in the world has any right or authority to make any
amendment to those rights.13
Islam provides for the basic human rights. Some of these rights include;
a) The right to life: the Quran states that, whosoever kills a human being without any
reason, it is as though he had killed all mankind14 In another instance, the Quran
states, do not kill a soul which Allah has made sacred except through the due process of
law15

12 islamreligion.com
13 Human Rights In Islam: www.islam101.com/rights
14 The Holy Quran 5:32
15 The Holy Quran 6:151

b) The right of safety of life: the Quran encourages human beings to help one another in
cases of protecting each others lives. It is stated that, whosoever saves a life, it is as
though he had saved the lives of all mankind16
c) Respect for the chastity of women: a womans chastity has to be respected at all times.17
In Islam, polygamy is allowed but not extra-marital affairs. This provision respects the
rights of women and the scholars agree that irrespective of the position of the woman
(whether sick or barren), a man is forbidden to have a promiscuous relationship outside
that marriage. The Quran provides that, do not approach (the bounds of) adultery18
d) Individual right to freedom: Islam does not permit slavery. During the old times or the
time of the Prophet Muhammad, the practice of slavery was common in the Arab world.
However, with his prophecy, Muhammad preached against it and even forbade the
mistreatment of slaves. The exception was given for the prisoners of war during legal
battles and these too, were not to be mistreated by the Muslims. Some of these slaves
during the Prophets era even had higher ranks in Gods eyes than others. A good example
was Bilal Bin Rabah, an Abyssinian slave during that time and is among the few
mentioned by the Prophet that will enter paradise without record. That is the status of
slavery in Islam!
Islam secures the human rights even for those who may violate the human rights of others,
since two wrongs do not make one right.19
16 Supra No. 19
17 Supra No. 18
18 The Holy Quran 17:32
19 Human Rights In Islam: By Dr. Fathi Osman:
www.hrusa.org/advocacy/community-faith/islam1.shtm

D) WOMEN IN ISLAM:
In many ancient traditions, women were viewed as mere objects and their position was nothing
outside their families territory. This misconception is still believed by a number of people today.
What they fail to realize is that Islam gives women rights and uplifts then to a high rank in the
existence of mankind. Aside from the Qurans significance as the core of Islam, the Quran has
been of perennial interest to the womens world at large since its philosophy touches on the
widest spectrum of a womans life.
Islam gives women rights both as a child/adolescent and as a wife, whether single or married. To
begin with, her consent in marriage was not generally thought to be necessary and she was
obliged to submit to the wishes of her parents and receive from them, her husband, even though
he were stranger to her.20 Islam does not force a woman to get married without her consent. The
Quran in criticizing the attitude of the parents who reject and set aside their female children,
states that, when news is brought to one of them, of (the birth of) a female (child), his face
darkens and he is filled with inward grief! With shame does he hide his face from his people
because of the bad news he has had! Shall he retain her on (sufferance) and contempt, or bury her
in the dust? Ah! What an evil choice they decide on.21

20 Islams Women, Jewels of Islam: www.islamswomen.com/articles/status-ofwomen-in-islam.php

21 The Holy Quran 16:58-59

It was specifically decreed that a woman has the full right to her mahr, a marriage gift, which is
resented to her by her husband and is included in the nuptial contract, and that such ownership
does not transfer to her father or husband.22
When it comes to financial matters, the rule of Islam abolished the conventions prevalent among
nations which deprived the woman of the right of ownership, inheritance and those which
created obstacles against her exercise of free and full control of her holdings. As a rule, Islam
acknowledges the womans rights to all kinds of ownership, spending and channeling her money.
It gives her the rights of inheritance, selling, buying, renting, donating, allocating property for
religious and charitable purposes, giving alms, legal transfer and mortgages, as well as many
other forms of contracts and actions.23
Women during the times of the Prophet used to attend teaching sessions by the prophet and they
would ask questions to the prophet regarding their day to day activities. The would even go to
the extent of asking Aisha, prophets wife in case they found some questions too bold to ask the
Prophet.
Women were also on the front line during battles where they would serve in the Muslim army in
suitable ways such as attending the wounded, giving medical aid, nursing the injured fighters, in
addition to cooking, procuring water and the like.24 Similarly, a mother in Islam is given a rank

22 Supra No. 25
23 The Status of Women In Islam: By Sheikh Yusuf Al-Qaradawi:
www.iupui.edu/msaiupui/qaradawistatus.html
24 Supra No. 28

three times more than a father. This just shows how Islam treasures women and puts into
practice, the principles of enhancing a womans right.
D) AUTOPSY IN ISLAM:
Autopsy is the examining and investigating of the body of a deceased person so as to know the
cause of death, or it can be the medical examination of dead bodies by scientists and medicine
students. It is a modern issue which can therefore be addressed by fatwas and religious scholars
who are well versed with the Islamic jurisprudence. Many contemporary fatwa councils and
Islamic law conferences have issued rulings and for permitting autopsies for medical and
scientific purposes.
These scholars have deemed autopsies to be permissible for the main reason that examining the
dead body to know the cause of death is carried out for reasons that outweigh the consideration
of showing respect for the body of the deceased, especially since those considerations are of a
forensic or medical nature.25 Autopsies can also uncover cases of murder and lead to the
apprehension of the murderer. They can also identify diseases and harmful environmental factors
and also, to enhance education among others.26 In clear terms, it helps to save human life.
Islamic medical scholars have introduced Maslaha as an Islamic principle of public benefit
which states that when the benefits outweigh the damages, the beneficial approach should be
taken.27 The world is subject to changes and hence, the Islamic stand on such changes varies.
25 Islam Today: Question And Answer en.islamtoday.net/node/775
26 Ibid
27 Religions And The Autopsies: emedicine.medscape.com/article/1705993overview-a2

When contemporary situations came up, it is upon religious scholars to issue fatwas and publish
legal opinions since the two major sources of Islamic law28 are deemed to be silent on these
upcoming matters. However, these fatwas are not binding.
According to Rispler Claim. V it is clear why autopsies are not encouraged in Islam tradition.
They would inevitably delay the burial. The Book of Islamic law states that the importance is in
order to bring a dead person closer to what God has prepared for him/her and to bring Gods
servant closer to Him29. Other scholars also argue that Islam encourages retaining of the dead
body in its original form. Conducting autopsies would violate this principle.30
Among the famous fatwas and legal opinions that were issued by scholars and committees in
relation to autopsies include:
a) Egyptian Rashid Ridas Fatwa of 1910 entitled Postmortem Examinations and the
Postponement of Burial which permitted autopsy if it is for beneficial purposes.31
b) H. M. Makhlufs Landmark Fatwa was published in 1952 and represents the Sunni
school of thought regarding postmortem examinations. He explained that a doctor is only
fully educated when he understands the body inside and out, thereby making human
dissection necessary for thorough medical education.32
28 Quran and Sunnah/Hadith
29The Ethics of Postmortem Examinations in Contemporary Islam. J Med Ethics.
19(3): 164-8
30 Supra No. 11
31 Ibid
32 Atighetchi D. Islamic Bioethics: Problems and Perspectives. The Netherlands:
Springer ;2007

c) The Fatwa Committee at Al-Azhar of 1982 also based their allowances on Maslaha:
autopsies should be permitted if medical students will learn from them, if justice prevails,
and if contagious diseases will be controlled.33
d) In 1972, the Arab Republic of Syria allowed postmortem in certain situation:-if doctors
believe that an examination will be socially useful and the deceased was not opposed
when he was alive, or if three degrees of relatives do not oppose it.
E) ISLAM AND MODERN SCIENCE
CONTRACEPTION
Many Muslims are confused on the issue of contraceptives on whether it is permissible in Islam
or not.
"Contraception can be divided into two categories:1. Irreversible (or permanent) Contraception.
2. Reversible (or temporary) Contraception.
Irreversible contraception is carried out by means of sterilization operation;
-Male sterilization(Vasectomy)
-Female Sterilization (Tubectomy or Tubal ligation)
Sterilization blocks the path of the sperm through the tube .Eggs are still released by the ovaries,
but are broken down and safely reabsorbed by the body. The operation usually involves cutting
or blocking the fallopian tube which carry eggs from the ovaries to the womb. This prevents the
eggs from reaching the sperm and becoming fertilized .Tubal occlusion does not cause
menopause or affect a woman's sexual desire or pleasure"
"However there is an exception where permanent contraception is allowed .It is permissible if
there is risk of serious illness or death if it is not performed"34.
"Reversible Contraception does not contradict the shariah .It is permissible as long as both
partners agree. It was a common practice of the companions of the Prophet to perform 'Coitus

33 Supra No. 11
34 www.therevival.co.uk Contraception ;Halal or Haram?

Interruptus'9also known as'azl) meaning to withdraw from their partner just before ejaculation.
Therefore this was a form of temporary contraception.
Other Types of Temporary Contraception Allowed:
1. Condoms-These are permissible and can be used without any problems.
2. Pill/Injection-The use of the contraceptive pill for the purpose of contraception is also
permissible. Scholars have advised that it should not be used just to 'delay; the period
because of Ramadhan or Hajj etc.
3. Coil-This should be avoided as it involves the insertion of the coil into the female private
parts"35.
SURROGACY
"Surrogate motherhood is often euphemistically referred to as hiring womb.The procedure
involves using the service of another woman to serve as a carrier for the fertilized ovum of a
couple.The woman makes herself available to inject the fertilized ovum into her own womb and
then carries the child to its full term on behalf of the other couple.Its often done in lieu of
renumeneration or free of charge .People resort to this procedure either because a married
woman who desires to have a child has problems in carrying her child to its full term or because
of her desire to simply forgo the trouble of conception and labour"36
Islamic Verdict
"Scholars of islam have pronounced the following fatwa (Islamic verdict) regarding surrogacy:
It is illegal and immoral to introduce into a woman the sperm of any man other then her
husband.The formation of the embryo outside the human body will only be permissible subject
to certain strict conditions .It will be haram (forbiden) to form the embryo by the fusion of a

35 www.therevival.co.uk Contraception ;Halal or Haram?

36 http.www.onislam.net

womans ovum with the sperm of a man other than her husband.Its also not lawful to implant into
a woman an embryo developed in a haram way.37"
Arguments Against Surrogacy
"Besides condeming surrogacy as a form of adultery.Sunni scholars have raised several other
objections to the practice.Under their interpratation of Islamic Law pertaining to lineage and
inheritance ,the child born by the surrogate is either illegitimate or if the surrogate is married
,legally the child of her own husband ,not the childs biological father .Sunni religious scholars
have also contend that surrogacy fro hire violates islamic ethics by reducing the sacred acts of
marriage and childbirth to a commercial contract"38.
Arguments For Surrogacy
"In contrast even surrogacy for hire tends not ot raise the same ethical isssues in a shiite country
such as Iran .Shiite scholars argue that in context Quran 58:2 that states Their mothers are none
but those who gave birth to them means simply that in an adulterous sexual relation the child
belongs to the mistress bearing the child , not the wayward father . Accordingly its permitted for
a surrogate to carry another womans fertilized egg ,so long as it came from a married
couple.Moreover a number of shiite scholars conclude that its lawful fro a surrogates own ova to
be fertilized by the husbands sperm, although most allow this only if the husband and the
surrogate enter into a temporary polygamous marriage"39

CLONING:

37
38 people.opposingviews.com
39 people.opposingviews.com

Cloning simply means producing or more living beings by transferring the nucleus of a body to
an egg whose nucleus has been removed, or splitting a fertilized egg at the stage before the
tissues and organs become distinct.40 The first cloned life-form in 1996 sent waves all over
Islamic nations as to whether it should be acceptable as a modern developing technology in
Islam. It is mainly known as reproductive cloning. Majority of the Sunnite jurists viewed it as
impermissible according to the Islamic shariah although they accepted the cloning of plants and
animals.41
Most of these Islamic scholars have regarded human cloning as creation of human beings by
human beings and that life is not created, it can only be done by God.42 Allah says, I have
created all my slaves as pure monotheists, but the devils come to them and try to divert them
from their religionand they commanded them to alter my creation.43
The most important reasons for criticism of human cloning are: the violation to human dignity,
the instrumentalisation of mankind and the weakening of the role of the family.44
The ban on human cloning has been expressed in several declarations, fatwas and resolutions.
They include;
40 Islamqa.info/en/21582
41 Reproductive Cloning in Islam: www.stemcells.nrw.de/en/latest-news-press/latestnews/reproductive-cloning-in-islam-the-debate-and-the-arguments.html
42 Ibid
43 Hadith Qudsi narrated by Al-Qurtubi from the report of Al-Qaadi Ismael
44 Human Cloning from the Viewpoint of Islamic Fiqh and Ethics: By; S.M.
Mohaghegh Damad: muse.jhu.edu/journals/asb/summary/v003/3.4.damad.html

a) The Magma Al-Bohus Al-Islamyya (conference of Islamic discussions) of the Al-Azhar

University in Egypt, has issued a fatwa in defiance of human cloning, asking the
governments of the worlds to prevent it in whatever form it may be practiced.45
b) A seminar held in Morrocco in 1997 ended with several recmmendations, one of them
calling for the prohibition of human cloning by the transfer of stem cell of body to the
nucleus-free ovule.46
c) The Health Ministers of the Gulf Cooperation Council have declared their total objection
to human cloning, calling it the biggest crime that is irreconcilable with medical ethics.47
TEST TUBE BABIES:
Artificial insemination is divided into two:a) Homogeneous-forming a baby out of a sperm of a husband and the ova of a wife. This is
mainly when the husband or the wife is incapable of giving birth to a child due to medical
reasons. It is considered to be permissible.48
b) Heterogeneous-is the artificial insemination in which a sperm is gotten from a sperm
bank in the formation of the child. This is not allowed in Islam since it is as good as
adultery49 which is punishable by stoning to death according to the Islamic principles of
criminal law.
INVITROFERTILISATION

45 Ibid
46 Ibid
47 Ibid
48 Dr. Zakir Naik: https://zakirnaikqa.wordpress.com/tag/test-tube-baby/
49 Ibid

"Invitrofertlization is a process by which a sperm and egg can be combined in a laboratory.The

resulting embryos can then be transferred to the womans uterus for further growth and
development.
Opinion Of Scholars
Scholars agree that there is nothing in Islamic Law which forbids many types of fertility
treatment ,as long as the treatment do not go outside the bounds of marriage relationship.If
chosen invitrofertilisation must be done with sperm and egg from a husband and wife and the
embryos transplanted into the wifes uterus"50.
Thanks to the revolutionary and licensing influence of Islam that the basewas also set for modern
scientific thinking and one might add,the resurrection of the long lost greatness of ancient Greece
philosophhy and sciences.
CONCLUSION
The fundamental truths of the Quran have stayed in bloom because of their relevance to every
age and their unique assimilating capability to the dynamics of changing existence. Islamic
verdict( fatwa) is an example of a way in which Muslims can deal with contemporary issues
which are neither in the Quran nor Hadith.

50 www.islam.about.com