Scholarly Opinion Regarding the Termination of Pregnancy in Islam

Praise be to Allah, the cherisher and sustainer of the worlds; Peace and blessings be upon his Messenger, Muhammad Ibn Abdallah; his family and his companions.

 

This article is based on the controversies and considerations regarding the termination of pregnancy for foetal Anomalies or intentional abortion in Islam.

 

But first, I must confess that there is scant academic or scholarly contribution on the matter and the excessive amount of research conducted on the subject do not provide a clear solution to those who may be caught up in the situation. Approximately one – fourth of all inhabitants on earth are Muslims. This matter to begin with falls under the category of emerging issues in the Islamic Family law and Jurisprudence where more scholarly engagement is now sought more than ever to cater for the scientific advancement the world we live today.

 

The four major schools of thought hold that abortion is forbidden in Islam. Their consensus comes from lack of clear commandment on abortion in the Holy Quran and if permitted then the Holy Quran would have been quick to sanction the same; as it also follow that similar events may have occurred during  the Prophet’s era where he would have given his holy guidance to his companions in the circumstances. 

 

As above, scholars’ discussion on the subject is centred on the foetal anomalies before 120 days of pregnancy and not after that period. The issue of termination of pregnancy past 120 days due to severe foetal anomalies in Islam lies somewhere between permissible and forbidden. It is a grey area in the interpretation of the Islamic literature that very few scholars venture into or will be led to discuss.

 

It is therefore seen that the generally accepted belief among the scholars is that abortion is forbidden at any stage of pregnancy on the basis of the following verses from the Quran.

 

“Q8:151 “And do not kill the soul which Allah has forbidden except for the requirements of justice…..”

 

Q15:31 “do not kill your children for fear of want: We shall provide sustenance for them as well as for you. verily the killing of them is a great sin.”

 

Even at the earliest possible stage, without medical justification, termination of pregnancy is not permitted. Socioeconomic reasons as stated in the verse above do not base a purpose for terminating pregnancy.

 

Islam, however, is considerably liberal concerning abortion, which is dependent on the following; threat of harm to mothers, the status of the pregnancy before or after ensoulment and the presence of foetal anomalies that are incompatible with life. Research shows considerable variations, but most scholars agree that the termination of pregnancy for foetal anomalies is allowed before ensoulment, after which abortion becomes totally forbidden, even in the presence of foetal abnormalities; the exception being a risk to the mother’s life or confirmed intrauterine death. 

 

Those who support the impermissible of abortion asserted that life in Islam is invaluable as opposed to bodily impairment and disabilities. The foetus after 4 months is considered a human being and therefore entitled to the same protection enjoyed by other human beings. This protection should be rendered with or without abnormalities of any sort.

 

On the question of forced pregnancy where a woman is raped, kidnapped or mistakenly slept with a man she believed was her husband – (Wataw Shubha). Victims of rape, kidnapping and honest mistake may terminate their pregnancy before four months if they fear for themselves a lifetime humiliation, self hate, shun and punishment of any sort if they live in a country where having illegitimate child is a crime. Scholars see no harm on such a person terminating her pregnancy. This is because choice is not an element in the pregnancy.

 

Scholars are therefore strict on those who become pregnant following an intimate relationship between a man and a woman and are intending just to terminate pregnancy for no legal reason as stated above. They totally forbid termination of pregnancy where in particular, if their actions leading to the pregnancy are considered impermissible – haraam in Islam. This may be the case where two people fooling around become pregnant and intend to abort in order conceal their actions. Scholars have warned that permission should not be given to those engaged in sinful act. The analogy to this is where one breaks his fasting (month of Ramadan) in order to enjoy a good drinking trip with friends.

 

Besides, the messenger of Allah, peace be upon him, would have instructed a woman from the tribe of Ghamid to terminate her pregnancy when she approached him wishing to be purified following a sin of adultery. But because she was pregnant and her state meant that no punishment would be carried out on a pregnant woman; the messenger sought to save the child first by instructing her to go back to her family and return to him after she had given birth, suckle and wean the child. The woman returned to the Prophet after two years and only this time the punishment was executed (Sahih Muslim – Book 17 No. 4205).

Scholars asserts that this event may have provided an opportunity for this Ummah and for the prophet himself to lead by example in the presence of his companions as to whether abortion is permissible or not. The fact that he did not allow the woman to abort her child or carry out the punishment as prescribed in the Holy Quran; scholars base their ruling on this very important event that abortion is forbidden in Islam.

 

My conclusion on the matter is that abortion is not permissible in Islam without medical justification before and after 4 months of pregnancy. The Islamic rule on the subject is strict therefore even with foetal anomalies termination would only take place after it has been confirmed with complete certainty that a foetal anomaly exists. An exception to this rule covers victims of rape and kidnappings as stated above. 

Am back

Hello my beloved readers; it has been a long time since I last updated my page and perhaps write a piece for my blog. This is due to the fact that my family and business life became a priority and have been ever busy to even find time to comment on current affairs. However, I have been very much aware of the events making headlines around the world. Covid 19 which has brought our new normal, the lockdowns and the eventful discovery of its treatment, Dexamethasone which according to the scientist is the first of its kind in saving those suffering from the disease. The death of George Floyd and the protests that have awakened nations to reconsider their policies towards black and ethnic minorities all over the world. We have witnessed statues being brought down and removed to a safer place called museum. To be honest I also wondered why to this day and age, reminders of past hate and discrimination occupy a place in our cities. Our education system which is a foundation of progressive nations needs to change to accommodate all backgrounds. Thanks to Black Lives Matter campaign the world will never be the same again.

Let us talk about the Republic of Malawi; Parliament has agreed for the country to hold its General Election on 23 June 2020. Following this leaders from two major parties are busy winning hearts and minds of the people for votes. This election is different in a sense that the winner requires at least 51 % of votes. The major parties are the Malawi Congress and the Democratic Progressive headed by Lazarus Chakwera and Peter Mutharika respectively. There have been reports of violence and intimidation from both parties. On 30 May 2020, I posted an article on Facebook which condemned leaders of these parties and advised them to exercise restraint.Our democracy aims at the exclusion of violence and the need to render it unnecessary. I urged our political leaders and all stakeholders in the country to provide and push for rational deliberation as the process to express their views and interests. It is regretful that the very same people who promise us one peaceful country are at the forefront of glorifying violence rather condemning it. Violence should not be justified regardless of our sneaky, politcal insinuating moves. No politcal leader should capitalise on violence or seek to embarrass and frustrate those that are entrusted to make our land safe and peaceful.

We call upon all political leaders to denounce violence and desist from utterences that could fuel more violence in the country. Malawi is hungry for greatness. And through our leaders we all can achieve this.

We want peace to prevail and one Malawi. To our political leaders I say:

Destruction of properties and loss of life, will only jeopardise the cause. "The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy." #oneMalawionenation

EU REFERENDUM AND THE 2.3 MILLION EU NATIONALS IN THE UK

A nationwide vote of whether the United Kingdom should remain in the European Union or withdraw from it will bring about changes on how EU citizens shall continue to remain and work in the United Kingdom.

The EU vote in the UK may contribute massively to the beginning of the end of the European Union and the end of the popular free movement rights currently enjoyed by EU citizens.

As we consider the impact this vote may have on those already in the United Kingdom, 2.3 million EU nationals currently living in the UK under the EU banner. There is also a need to consider the effect that this vote will have to those living under those EU nationals, in other words, non – EEA family members. Currently, those claiming to be family members of an EEA national have a right to live in the UK so long as their EEA national continues to qualify under the treaty rights.

As the Conservatives pushes to fulfill their election manifesto and the vote is to take place end 2017, it is difficult to predict what the future holds for both EEA nationals and their non EEA nationals currently residing in the UK. It is likely that so many other groups of people such as unmarried partners and other extended family members i.e. siblings and other dependant relatives, uncles and aunts would  be among those facing such difficulties to justify their continued presence in the United Kingdom.

While the UK government and other stakeholders work day and night to find a solution, in this uncertain climate, EU nationals may wish to apply for a registration certificate for themselves and a residence card for any non EEA family members, to confirm they have the right to remain in the UK. Those EU nationals who have spent at least 5 years In the UK can apply for a permanent residence card which is a pre-requisite to apply for naturalization.

It is advisable for those who have spent at least 5 years in the UK and their country of origin permits dual citizenship to apply for naturalization as this is the only option to ensure that the outcome of the referendum will have no impact on them. Alternatively, children born in the UK or outside the UK can be registered to become British nationals although the parents are not yet eligible to become British citizens

If you feel you or your family is likely to be affected with the outcome of the EU referendum and would like to enquire more regarding this then our team of legal advisors at Liberty Immigration Services, is happy to assist. Please call us on 0116 431 5091 or on the mobile number 07842484370 or email us on info@libertyimmigrationservices.co.uk  or check us on www.libertyimmigrationservices.co.uk 

Demystifying Islamic Banking in Malawi

In 2011 the Reserve Bank of Malawi, rejected the introduction of Islamic Banking. Soon after the rejection, we looked at the merits and demerits of Islamic Banking in a country like Malawi and we found that the benefits outweigh the costs (if any). We pointed out in the article that such a decision falls short of a need to have a better, organized and prudent system of banking that does not limit consumer or customer choice. Today’s financial market is not only globalised and integrated, but is also replete with numerous products, some of which have proven to be toxic to economies as evidenced in the recent financial crisis. Financial engineering and computational finance has given rise to financial instruments such as futures and options, currency swaps, credit default swaps and collaterised debt obligations (CDOs) just to mention a few. Using mathematical finance, numerical methods and computer modelling, these derivatives are designed and created to facilitate in trading, hedging and investment decisions and risk management. The result of this is that in 2008 most major economies collapsed and the effects are still being felt today. Interestingly, while this has been happening, Islamic Finance and Banking has been moving beyond its boundaries into new territories by providing an alternative to this very frenzied psychosis. The CityUK, a UK financial think tank, estimated t global Islamic financial assets to have reached $1.041 trillion in 2009 up from $947billion in 2008 with a steady growth of 10-15% in 2010. Extrapolating this growth, we would assume that the assets should be approaching the $1.7 trillion mark. The think tank further asserted that in the UK alone, there are over 20 banks that provide Islamic assets worth $19 billion, with HSBC Amanah controlling the bulk of it.

Malawi, like many other countries without the Islamic banking and finance system, naturally feels that having this system alongside the current conventional set up will create more chaos and confusion. In some quarters, its introduction is perceived as giving in to pressure or bowing to the dictates of fundamentalist Islam. Fuelled by lack of understanding and proper knowledge concerning the principles of Islamic finance, many sections of the society have been led to believe that Islamic finance is the whole body of the Islamic law. This there has been a failure to understand that Islamic finance is not the same as Islamic law, and that these two are separate and distinct. There common thread is that the former should be in compliance with the latter. Consequently, this leads to the fact that there is no conflict between Islamic law and the laws of the land. Just as conventional finance is required to comply with the applicable laws of the land, Islamic finance must also adhere to these laws in addition to compliance with the Islamic law. Hence it must be emphasized that the obligation of complying with Islamic sharia law is not the same as having sharia law in the country.

To those people who are afraid that Islamic Finance will bring Islamic law, we would like to assure them that Islamic law of banking operates alongside laws of the land and the two do not overlap. Contracts in Islamic banking are drawn in accordance of the law of the land although compliance to Islamic law is a must. Therefore, any breach arising from these contracts, parties should seek redress from courts of the land as opposed to Islamic courts. Islamic law does not give the Sharia Board (the body that looks after Islamic products, comprising of scholars and experts in Islamic Law) any judicial and arbitrary powers since the ultimate power to do so rests with the courts of the land. Having eliminated this misconception, it is therefore worth noting that the only difference between Islamic banking and conventional banking is the mere charge of interest on a product lent or borrowed. Under Islamic finance, interest, known as Riba in Arabic, is disregarded or forbidden since money has no intrinsic value under Islamic law and should only be used as a measure wealth. This is therefore the only fundamental difference between Islamic finance and conventional finance. With interest forbidden, one cannot earn “money” on money lent to another party nor be required to pay interest on money borrowed. Under Islamic law, money cannot create or produce more money. Rather, services must be provided and effort exerted to generate wealth. It is therefore a fundamental condition for any investment or transaction under Islamic law that money be treated as medium of measuring wealth and exchange and nothing else. Hence interest is considered to be both a social and economic injustice in Islam and by excluding it from the financial system; it is thought that a fair and moral economic behavior will be promoted.

It is true to say that the underlying value in Islamic finance is to avoid exploitation with the objective of sharing reward between the parties involved. The conventional system of banking is exploitative in nature therefore not fit for a country like Malawi where the population is largely poor. Malawi would fare well with a system of banking that is just and balanced. By way of an example, in conventional financing, the financier gives money to his client as an interest bearing loan, after which he has no concern as to how the money is used by the client so long as the client keeps up with his repayment that includes interest to the money borrowed. In the case of Islamic banking on the contrary no money is advanced by the financier unless the client assures the financier that he wishes to purchase a specific commodity or conduct a certain business that will produce a reward or profit. The two parties will enter into a profit and loss sharing agreement and thus the exclusion of interest (riba). Some of the most commonly used products are under Islamic finance are profit sharing (mudarabah), safekeeping (wadiah), joint venture (musharakah), cost plus (murabahah) and leasing (ijarah). It is imperative that Islamic institutions need to have a Sharia advisory committee and consultants in order to implement products according to these principles. Their sole function is to ensure that operations and activities of the bank comply with sharia principles when it comes to Islam finance and banking.

It has been observed that conventional current system of banking causes imbalances in society. Unhealthy human instincts are exploited to make money through immoral and injurious products. The evils emanating from this attitude can never be curbed unless humanity submits to the divine authority and obeys its commands by accepting them as absolute truth and super human injunctions which should be followed in any case and at any price. This observation cuts across all faiths and beliefs. In 2009 the Vatican newspaper L’Osservatore Romano voiced its approval of Islamic finance. The Vatican paper wrote that banks should look at the rules of Islamic finance to restore confidence amongst their clients at a time of global economic crisis. “The ethical principles on which Islamic finance is based may bring banks closer to their clients and to the true spirit which should mark every financial service,” the paper asserted. It continued to state that Western banks could use tools such as the Islamic bonds, known as sukuk, as collateral and that Sukuk may be used to fund the “‘car industry or the next Olympic Games in London. The Vatican paper believed that Islamic banking could become an alternative and an absolute solution to the mess caused by the conventional banks. Three years on after the Vatican message, the United Kingdom Government recently through its Prime Minister, David Cameron announced the intention of launching the first ever Islamic bond in the UK. Mr. Cameron acknowledged the role played by Islamic finance in the UK and the entire world. He cited examples of such big projects such as The Shard, the Chelsea Barracks, Battersea Power Station and the Olympic village as projects funded by the Islamic finance in whole or in part which has helped to transform the London skyline. This could happen to Malawi and it is imperative that we should seize this opportunity at the moment when no country in the SADC region is seriously thinking of taking this necessary step. 

EEA APPLICATIONS TO THE HOME OFFICE

Its now over that EU nationality would entitle a holder free passes into services provided by the UK Home Office. The Secretary of State has just announced that from July 2013 all EEA applications will incur a charge of up to £55.

I am aware that the previous system appeared to have helped so many Non EEA applicants by virtue of them being a family member of an EEA national. One can therefore argue that the change has come forth to put all the applicants at par, there should be no difference at all whether you are in the UK joining your EEA national or a British citizen.

There are no details though indicating how long the applications will now last with the Home Office as currently an application may take up to six months before it is decided. Presumably, with a fee to it, this period may be reduced to a considerable three months period as the case with the rest of the applications.

Please ensure that a fee is attached to your application otherwise the Home Office may make your application invalid due to unpaid fee if applied after 1 July 2013.

For further information regarding this and how to make an EEA application, please do not hesitate to contact Liberty Immigration Services UK on 07842484370 or send your queries to an email libertyimmservices@gmail.com

Revisiting social and family ties, general visit visa

Many people want to come to the United Kingdom for various reasons. Most of those who want to come to UK have friends and families who are present and settled in the UK. However, having a family in the UK does not make one's life easy when it comes to request a general visit visa to the UK at the British embassy. The United Kingdom visas are regulated and enforced by a set of rules called immigration rules.

A visitor to the UK is therefore required to meet those rules in order to obtain a visa. During my entire immigration career, I have had an opportunity to see decisions from different British embassies in the world but all of them will have a unified format in the way they consider entry clearances.

Entry clearance officers (ECO) sometimes are not clear about how an applicant has failed to satisfy the requirements. You may have enough money in your account but the fact that you  have failed to demonstrate the source of that income, your application may fail. Artificially Inflated accounts days before applying may raise eyebrows.

Most applicants do not understand these rules and how they get enforced unless legal advice prior to the process has been sought. Under the rules, the applicant's intention to return is taken to task and scrutinised before the decision is made. ECO should be satisfied that the applicant's circumstances at home are clear enough to form an absolute intention to return.

Some of the elements taken into consideration are your social and family ties in the country of origin. There is no general interpretation of social and family ties but depending on your circumstances, ECO will form an opinion based on the information provided and use his discretion to grant or refuse the applicant a UK visa.

Having an ailing parent who is in the applicant's care may meet the requirement if the applicant is coming to the UK for a week or two and arrangements have been made for the care of the parent in the applicant's absence. Some people may say that this requirement is discriminatory as it singles and lone applicants. However, as I previously stated, your circumstances will be looked independently based on the information provided.

An ECO may not be satisfied if the applicant does not provide evidence of personal and financial circumstances, or of any assets that ties the applicant to the country of origin. The applicant should always bear in mind that under paragraph 41 he is genuinely seeking entry as a visitor for a limited period not exceeding 6 months therefore an intention to return to his country of origin comes under heavy scrutiny.

Further consideration may be given to politically well being of the applicant's country of origin, for example an applicant who is applying from countries marred by civil unrest and instability may be refused on the basis that they are not genuinely seeking entry clearance as a visitor. It is very difficult in their situation to be regarded as they have an intention to return.

Road to 2014: Accountability and Responsibility of Muslim Politicians

Are Malawians Muslims being served politically? Do politicians deliver their promises to the Muslims after they have helped to get them into power? These are two very pertinent and crucial questions that we as a Muslim community in Malawi must be asking after almost 20 years of multiparty democracy, thus 4 general elections. In all of the 4 general elections beginning with the one in 1994, Malawian Muslims have played a very decisive role in electing the winning Government either through voting or bankrolling of the parties. In the general elections of 1994,1999,2004, it was the muslim vote which swung the pendulum to the winning party, while in 2009, it was mainly the Malawi Asian muslims who bankrolled the then winning party through both financial and material contributions. In 2014, the equation will not change much, and one can foresee that both Malawi Asian Muslim money and the indigenous Malawi muslim votes will be pivotal in deciding which party carries the day and forms the next Government.  While courting the Muslim vote and financial assistance, politicians, both Muslims and non-Muslims alike, have always promised the community heaven on earth in terms of social-economic development. The indigenous Malawians have been promised improved access to tertiary education and equal and fair participation in Government and the civil service. Some have even promised to provide an enabling environment for us Muslims to establish our own University that will cater for our future generations as the University of Malawi does not offer us the same opportunities as our non-Muslim counterparts. Those of us who are in business, both indigenous and Asian, have always been promised equal and fair awarding of Government business and contracts and access to markets. However, after 4 general elections, the Muslim is still waiting to be served. After 20 years of democracy, the Muslim is languishing on the peripheral of society both socially and economically. Access for Muslims to UNIMA is still a big challenge despite our students attaining the required grades. It is laughable and despicable at the same time to note that despite Muslims making atleast 40% of the general population, our access to UNIMA is less than 0.05%. Please don’t listen to the propaganda that Muslim students are not good enough as this has been disproved by those excelling in tough and competitive educational environments such as Asia and the West.  The enabling environment to establish our own university as promised by some politicians is still nonexistent. Government businesses and contracts are still never awarded to us, our people, despite attaining the education and qualifications, are still scarce in the Civil Service and statutory corporations and the future for our kids still is murky.

A thriving political system must hold politicians and leaders accountable and responsible  for their conduct and promises after they have gone into power. Accountability and responsibility in Islam thus are very important facets since Islam and Politics are intertwined.  Just as Islam teaches us how to say Salah, observe Sawm, pay Zakah and undertake Hajj, so does it teach us how to run a state, form a government, elect councillors and members of parliament, make treaties and conduct business and commerce. The choices we make in supporting a political party is also legislated by the Quran. Therefore, accountability to God and the community at large for all activities is paramount to a Muslim’s faith, and in turn the Muslims expect the politicians having made promises to be accountable and responsible in ensuring delivery.

Sharia defines clearly what is true, fair and just. Furthermore, it outlines what are society's preferences and priorities, what are corporate roles and responsibilities. Thus it is no surprise that Allah mentions repeatedly in the Holy Qur'an, the word hisaab more than eight times in different verses. Hisaab or 'account' is the root of accounting, and the references in the Holy Qur'an are to 'account' in its generic sense, relating to one's obligation to 'account' to God on all matters pertaining to human endeavour for which every Muslim is 'accountable'. All resources made available to individuals are made so in the form of a trust. Individuals are trustees for what they have been given by God in the form of goods, property and less tangible 'assets'. By the same definition, leadership in any form is also given to individuals as trust. Hence the extent to which individuals must use what is being entrusted to them is specified in the shari'a, and the success of individuals in the hereafter depends upon their performance in this world.

In this sense, every Muslim has an 'account' with Allah, in which is 'recorded' all good and all bad actions, an account which will continue until death, for Allah will show all people their accounts on judgement day. Hence one of the most important aspects of Islam is the belief in a Day of Judgment. It is one of the six articles of faith and is central to the Islamic concept of accountability. For Muslims, the present life is not the goal; rather, it is the life after death that must always be the focus. This does not mean that Muslims should not enjoy their lives, but it does mean that they have to be conscious of God in all aspects of their life knowing that they will be asked about their decisions.

The Day of Judgment is mentioned repeatedly in the Qur’an. Moreover, it has more than one name, including the Day of Accountability. Allah says:

On the day when every soul will be confronted with all the good it has done, and all the evil it has done, it will wish there were a great distance between it and its evil. But Allah cautions you (to fear) Him. And Allah is full of kindness to those that serve Him.

And in another chapter:

Every soul will taste of death. And ye will be paid on the Day of Resurrection only that which ye have fairly earned. Whoso is removed from the Fire and is made to enter paradise, he indeed is triumphant. The life of this world is but comfort of illusion.

As these two verses illustrate, on this day, Muslims believe that they will be resurrected both physically and spiritually and will be asked by God about their lives, after which their final destination will be determined.

Another aspect of accountability is taking to consultation with the community. It plays a role of putting into effect national interest. Islam teaches us to run a government, to make legislation and decisions by the process of Shura. Shura is "to take decisions by consultation and participation" (3:159, 42:38). A ruler is a servant of the people. Both the ruler and the ruled will appear before Allah and account for their actions on the Day of Judgment. The responsibility of the ruler is heavier than the ruled. It entails that any ordinary citizen should have the right to ask any question on any matter to the ruler and the government. In the Islamic political system the head of the state or any government minister could be called to account if necessary and not to be treated differently from other citizens.

Of course we do not expect this issue of accountability in Malawi politics to have a conclusion any times soon, or do we expect the politicians to comprehend it, especially so when it entails the Muslim community. Nor are we suggesting that Malawi should have an Islamic political system to remedy the situation for that would be a dream far fetched, as Malawi is a secular state. However, our argument is that this issue is fueled by a fundamental tension between claims derived from “promises” and claims derived from “participation” in national economic development of one section of the society. Attending to the ways in which these claims can and should be accommodated and balanced differently with respect to various politicians and political parties in Malawi can unlock new avenues for improving accountability that can lead to a stop in abuse of the Muslim community before and after general elections.  Distinguishing new possibilities for accountability requires abandoning the belief that political accountability at the moment in Malawi towards the Muslims is genuine as it conforms to conceptual and ultimate principles of democratic participation and dispensation. Such a belief prevents us from recognizing specific prospects for limiting unfairness and injustice to our community. Thus we as Muslims should be seeking to create processes for checking such unfairness in the system with the full recognition that for the past 20 years we have always been on the mercy of politicians be them Muslims or non-Muslims. This should make us hopeful that in 2014 we will play our cards right and no politician will abuse our vote. Whoever comes to us to seek support in 2014 politically, we must ask them the pertinent question; how will you be accountable to us after we have voted you into power since history in the past 20 years has taught us a bitter lesson?

Road to 2014 and the Disunited Malawi Muslims

The Road to 2014 appears to be getting shorter, with less than 20 months remaining. The great Sheikhs who preserved our beautiful Deen for 70 years from the jaws of the colonials and missionaries and the MCP regime for 30 years would never have dreamt of what we Muslims have today in terms of knowledge, political influence and material prosperity. Alhamdulillah for the past few decades Muslims in Malawi have made progress as we have had a president, vice president and several ministers in various Governments, a feat our ancestral fathers could never imagined or even dreamed of. In addition to this, we have very well educated sheikhs from various Islamic countries, including Saudi Arabia itself and professionals in various fields such as law, accountancy, business administration, banking and finance just a few qualified in countries as far as Europe and Asia.

Unfortunately, while we celebrate advancement in knowledge, social and economic well being, it appears that this progress has come at a very great cost as we have become disunited and disillusion. Greed has plagued us and we have become a people without direction and proper unity. This is more so evident now when we are approaching the 2014 General Elections where squabbles among the community are emerging and there is no uniting front. Everyone is for himself and we are hell bent on outdoing each other. Our so called Muslim leaders have started to fight for the pulpit in order to spread political propaganda and serve the interests of their political ambitions. Lies, divide and rule and desires of the material world negative attributes which go against our beloved religion of Islam are becoming more prevalent.

It is always expected of our leaders to lead and live by example and principles set by the Holy Prophet Muhammad. Being the representatives of the Prophet today it’s incomprehensible that a Muslim would give up everything he stands for to petty and worldly materials. In our Islamic History Evil politics which is distinguished from the politics that is embedded in our religion of Islam since the time of the prophet Muhammad (SAW) leaves a lot to be desired and should not be tolerated. It is the main source of our disunity and division in the religion of Islam today.

Disunity and division have fragmented the Islamic world into small weak segments and divided us here in Malawi into different groups. Consequently, it is our duty to purify our society from this disease no so long as we understand the causes of the illness. Fortunately, it is not hard for Muslims who read the Holy Qur’an to know the reasons, because the Qur’an mentions them explicitly in many verses.

Of course every Muslim in Malawi has a right to associate themselves to any political party of their choice but this must be done as prescribed by Islam alone. This entails bearing in mind that the religion (din) is the same thing as politics and politics is the same thing as religion. Since Islam includes a system of government, it necessarily comprises of politics as well. Those who due to alien influence claim that religion and politics must be separated are in face stripping religion of the strength it gains by providing a system of government. We do therefore believe that those Muslims who are immensely dug into corruption, divide and rule, self aggrandizement, are nothing but misleading us as a community and themselves as individuals. Through many Qur’anic verses Allah (S.W.T.) laid down the most important basis for the Muslim ummah, to conduct their affairs, especially for those vital issues related to the Muslim ummah  and the causes of division and disputes.

Allah (S.W.T.) says in surat Al-Imran, (Verses 102 & 103), what can be translated as,
"O you who believe! Obtain taqwah of Allah as His taqwah should be obtained, and do not die except in a state of Islam. And hold fast, all of you together, to the rope of Allah, and be not divided among yourselves, and remember Allah’s Favor on you, for you were enemies and He joined your hearts together, so that by His Grace, you became brethren and you were on the brink of a Pit of Fire, and He saved you from it. Thus Allah makes His Ayat clear to you, that you may be guided."
And in the same surah, (Verses 105-107), Allah (S.W.T.) also says, what can be translated as,
 "And do not be as those who divided and differed among themselves after the clear proofs had come to them. It is they for whom there is an awful torment. On the Day (Day of Judgment) when some faces will become bright and some faces will become dark; as for those whose faces will become dark (to them will be said): "Did you reject faith after accepting it? Then taste the torment for rejecting faith. And for those whose faces will become Bright, they will be in Allah’s Mercy, therein they shall dwell forever."

In the above verses, Allah lays down the basis of unity among Muslims, because disunity and division are characteristics of the disbelievers. Before the spread of Islam came to Malawi, the Muslim ummah was scattered among tribes such as Chewa, Yao, Sena Tumbuka and many more. However, Allah (S.W.T.) connected our hearts through Islam and we became loving brothers and sisters, all worshiping the same Allah, and all fearing the same Allah. Indeed Allah (S.W.T.) joined our hearts and moulded our differences into one united ummah, and Allah warns us from breaking down this unity that He created. And in the Day of Judgment, Allah (S.W.T.) will address those who fall into divisions and disputes saying, "Did you reject faith after accepting it?". Furthermore, Prophet Muhammad (S.A.W.) said in his last sermon to the Muslims, reported by Imam Muslim thus: "After my death, don’t turn into kuffar infidels fighting and killing each other."

We as Malawian Muslims must free our Islamic faith from siyasat (politics) of a perilous nature .The evil politics referred above is the form of politics that from the first century of Islam and throughout the history of Islam has obstructed the path to unity. We do not need political leaders to be using our community for their ulterior and selfish motives. The tendency of dividing and ruling our community by people who profess to be Muslims must be done away with. Worse still, there are others among us who cohabit with those of other faiths and use the Muslim community as bait to achieve their political mileage. All this is done without properly rewarding the Muslims in sharing of the national economic cake. When the Muslims have helped such individuals into power, they are dumped as if they were rice husks with no reward at all. Therefore 2014 insha Allah is a different year and we warn such greedy individuals who want to use Muslims willy-nilly.

Changes to Family Migration in UK

It is now official that with effect from 9 July 2012 certain rules governing family migration in this country will change. Obviously this change will have an adverse impact on those migrants who had a legitimate expectation of benefiting from the current immigration rules.

It's worth remembering that this is the 18th statement of changes in the immigration rules since the Coalition government ascended to power. The latest changes will attempt to consolidate consideration under the immigration rules and article 8 of the European Convention on Human Rights

This will mean that in the near future the cases based on private life and family life will be defined by and determined according to the immigration rules.The changes as one can understand them are meant to cull the numbers of family migration in the United Kingdom. Although one can easily argue that the changes targets low income earners in the United Kingdom who are originally from outside the European Union.

The Home Office believes that the immigration rules are deficient in balancing between the rivalry of individual rights and the greater public interest in article 8 because rules are not debated in Parliament
The Governement thinks therefore that in bringing about these changes the UK will be protected from foreign criminals who disregard the law and this will work to prevent them from using article 8 private and family life in defeating deportation.

Following this, the function of the courts will be to assess proportionality of the rules case by case rather reviewing the proportionality of individual administrative decisions. Effectively, the government is asking the judges to give deference to the rules emanated from a democratic legislature.

The most important issue not to be overlooked here is that of children and minors present and settled in the United Kingdom. The best interest of a child is paramount and it is that interest alone which gives effect to the need of the child and the decision made as a result. The home office has incorporated this principle above in the new regime of  immigartion rules.

They state that the test will be whether it is reasonable to expect the child to live in another country abroad and in removal cases there are clear framework in balancing the child's interest and those of a wider public interests.
Therefore the best interest remains intact as long as the child remains with the parents to be removed subject to exceptional factors and long residence. Long residence is currently at seven years although the rule governing this period is no longer in use.

The 14 year rule is to be withdrawn and to be replaced by 20 year continuous residence rule subject to criminality and English requirement under the rules. A 10 year rule remains unammended and still in practice people lawfully in the UK can apply based on theis rule.

New provision to be introduced for people under the age of 18, lived here half of their life and they are between 18 to 24 years of age and those with less thatn 20 years but have no family and  ties with their country of origin.

Finally in the rules deportation will not be proportionate where someone is in a genuine and subsisting relationship with a British national or someone settled here in the UK and they have live here for the last 15 years and there are insumountable obstacles to the family life with the partner to continue to live abroad. This in addition to those applicants with children who are british cizens or settled and lived here for the last seven years and it is unreasonable to expect that child to adapt easily with the life abroad.

For more on the changes please contact Liberty Immigration services Limited in Leicester. Their advisors will be happy to help in anything you may want to knwo regarding these changes.

Lies and Manipulation of the Honorable Minister

Debating issues partaining to Ministers who lie and mislead the nation in the execution of their duties is very complex and unyielding. Most ministers in most of the countries are appointed to their portfolios not on merit but as a reward for a job well done during a general election campaign.

The constitution empowers the prime minister or the president to appoint whoever he wishes from a group of his political cohorts or members of parliament to become ministers. It is undemocratic and complicated exercise mandated by our constitution. The prime minister would exercise same mandate and power as the head of government  to appoint his executive arm. No election is required to appoint ministers who will take to oversee the performance of the government bodies which includes pertinent issue to our economy.

Ministers would therefore lie, mislead the nation and manipulate the truth in order to protect their positions and the humiliation directed to the head of state.

It is normal now that alot of ministers lie, mislead and manipulate the truth. The destruction of integrity is the legacy that most governments leave behind. Obviously ministers have codes of conduct they follow in the way they hold themselves as such but the nation keeps wondering of the consequencies of these lies.

The majority of people think that if the Minister lies to mislead the nation,  he/she is then criminally liable for such a conduct. Ministers and members of parliament are always bound by their oath of office and it is therefore profoundly shocking that the minister would deliberately lie and mislead the nation with impunity.

 In the United Kingdom, ministerial codes demand that ministers must not mislead Parliament and if they do so unwittingly, they must return to the House and correct.

While I took to write this blog, with all the good things we have heard in Malawi, smooth transistion, government of national unity, the head of state retaining former ministers from the former ruling party.

This has not paid off though or prevented  a government scandal as some of  those ministers from the former government stil have skeletons in ther closets.

The Malawi Finance Minister admitted that he lied to the nation that Bingu's Zero Deficit was working and Malawi Revenue Authority had made profits in revenues. He said the truth of the Matter is that MRA borrowed money to cover this up. He was ultimately painting a wrong impression of the whole thing in order to manipulate the truth. It was a pack of lies that was intended to mislead the whole nation.

It is surprising to hearing that Ken Lipenga had no intention of doing what he did or did not know that he was making a false statement in Parliament. I cannot help but agree with those who demand his resigantion, the Honorable Minister should do the right thing and resign honorably.

After this revelation, the nation should be concerned of his integrity and credibility now. How is he going to be trusted when at the end of the day the he is just another DPP guy who helped his late president to enrich himself and amass so much wealth at the expense of this nation. Zero deficit led to the suffering of poor Malawians who committed no crime by electing them in the government.

Supporting Zero Deficit is another thing but lying to cover it up is indeed just attrocius, I just think that he has alot of explanation to make before he goes away.

Real Change

We hear and talk about change but none of us talk about real change. Real change that saw the American history re written when Obama became the first Black President.  Each one of us at some stage wishes to have lived longer and witnessed change, to repeat change because real change is rare.

I think I just witnessed real change not just change although I may stand to be disagreed. I was born and raised in Malawi. People who matter to me, all of them, live in this small country of Africa.

Malawi has witnessed three leaderships in a space of 40 years, Ngwazi the dictator, who reminded us all the time that Colonial Masters were control freaks and that he destroyed what he called stupid federation, Bakili Muluzi, a business man, I cant just find anything to say about him, good or bad, depending which side of the coin you are and the late Bingu Mutharika who emulated Kamuzu's leadesrship to the point that he even inherited his name. 

Today Malawi's clocks seem to have stopped ticking, no hope and promising future for the young and the elderly.Dreams shuttered and everything went back to basics, shortages of basic items, fuel, power cuts and many more while the president enjoyed extravagant life.

 This is why it appears to me that my time to witness real change arrived on 5 March 2012 when Malawi President Bingu Wa Mutharika suddenly died at Kamuzu Central Hospital in Lilongwe.

He was a man who ruled Malawi with iron fist and spat fire all the time to his imaginary enemies, well, to say the truth, he had absolutely none. He was afraid of his own shadow and made friends with those that people loathe and shun away those that we loved. He did not take a good advice and hated to be advised, to him it was an external force that he could not bear to take.

This is why when his death was unofficially announced, Malawians never thought that they will have a smooth transition, things were going to be hard and may have civil unrest, as the force of the monsters created by Bingu himself remained and was still out there. They thought that handing over power to Joyce Banda was something that Bingu's monsters would never do without a fight. They never thought that one day the small printed words of the booklet called Constitution will prevail and those monsters will be dissipated in the dark as if they never existed.

I believe that there a lot more surprises to be learnt following his death in terms of the skeletons he has left in his closet. He was callous and a ruthless leader Malawi has ever had and noone apart from his wife and kids will ever miss Bingu.

We knew the word constitution will be mentioned time and again but who was going to give a damn considering the history and Bingu's government demeanour. " I am god and you are satan" he said, " tell them that now I am responding to their Pastoral letter, I will be here to 2014 and beyond" we were challenged. He was a messiah, today's Moses and so on. Constitution was only followed where it suited him best and that's what life had been with Bingu.

But sometimes, you just tell that change is coming and no single man can prevent it from happening. We waited and waited, there was no official announcement of the president's death and finally the unforgettable last nice try of the so called "coup gang" led by Patricia Kaliati, the red lipstick woman was held. To be honest, the whole press conference did not make any sense to me and boggled me the whole night trying to make sense of it. I had waited for an analysis of why the gang held that press conference and what purpose did it serve to the eager Malawians who deserved to know the truth.

Not telling the the truth was not enough to upset Malawians but convening a press conference that will work to tell Malawians that Madam Joyce Banda cannot be the successor of Bingu Wa Mutharika, just made things even worse.  We were informed of Rwandan and the Nigerian Constitution that could persuade the Courts in Malawi to follow in the event that the vice president did seek recourse. Who were they kidding?

Dejavu; African leaders tend to make a stand where it is obvious that they are loosing ground; Gadaffi of Libya, Bagbo in Ivory Coast, Hosni Mubarak of Egypt and many others did the same thing. I had anticipated the worst and so the whole world but in the morning, thank God, there was calm and instead of just change our patience paid off with real change.

Malawi did not just let the Constitution prevail but it gave itself a second chance of dusting itself off, unity among Malawians was out of question. Manifestation of tiredness and implicit attitude of showing Patricia Kaliati that they have enough of the government that takes them for granted and trampled on their human rights with impunity.

This is not just a change but real change, I always believe that those who witnessed this have witnessed something they had waited to occur for a long time. 

God bless Madam Joyce Banda and the people of Malawi.

Are we there yet?

“If we think that we can secure our country by just talking tough without acting tough and smart, then we will misunderstand this moment and miss its opportunities. If we think that we can use the same partisan playbook where we just challenge our opponent’s patriotism to win an election, then the nation will lose. The times are too serious for this kind of politics”. Barack Obama

Indeed as a people we wake up every morning with various expectations from a country we live in.  Having a job should mean that almost basic needs are met with the income that’s earned and so is starting a business.

But most importantly there should be progress; people should have their vision fulfilled and have time to reflect the past and hope for a better future. History should always be told of the generation that missed the opportunities created by their struggle. Visitors should go away with life time memories and frequent visitors should be able to witness prosperity.

The world has witnessed the defunct communism, dictatorial rule of all sorts and democracies. Democracy triumphed over and above all the systems of governing. Its victory is characterised by its strictness of having a constitution that is followed to the letter and begs its leaders to upholding the rule of law. Respect and due regard to basic human rights and realise that human beings are equal.

Giving its real meaning of collective involvement and even distribution of wealth and opportunities; destroying all elements of favouritisms and nepotism which are inimical to its mission.

In the words of Barack Obama, “The strongest democracies flourish from frequent and lively debate, but they endure when people of every background and belief find a way to set aside smaller differences in service of a greater purpose”.

We will only be there if laws of the land are applied indiscriminately, respect for and due regard to human rights, wealth and opportunities evenly distributed. Political opponents encouraged and not silenced, freedoms safeguarded, life without trumped up cases and arbitrary arrests of adversaries.

Senior Ministers held responsible for their actions and held accountable regardless of their background because they are appointed in service of a greater purpose.

Citizens should be given an opportunity of being heard through free protest and demonstrations as is required by the constitution. The question should not be what is expected of the people but what is expected of those elected to represent them. Blaming culture should not be tolerated and independence of the judiciary high on the agenda. Due process and full independence of the judges are fundamental to our democracy.

The powers that may be should provide for an environment for academic freedom, this should be of right not of privilege and never discourage youngsters who are keen to join the race for leadership. Young people have a role to play and therefore should be made to feel useful in order to invest their potentials. To manipulate them is to discount what the future holds for them and the nation at large.

 One even wonders why we say “future leaders” when we cannot give a meaning to it, how can they become future leaders when we are not prepared to pass on the baton and there is nothing to prepare them for its challenges. To deprive the young of this right is just a disincentive to their success in the near future.

In my world and that of Robert F. Kennedy; “A young monk began the Protestant reformation, a young general extended an empire from Macedonia to the borders of the earth, and a young woman reclaimed the territory of France. It was a young Italian explorer who discovered the New World and 32 year old Thomas Jefferson who proclaimed that all men are created equal. Give me a place to stand, said Archimedes and I will move the world. These men moved the world and so we can all”

The times are too serious for this kind of politics indeed, and until we live up to it and bring about real change I will never feel that we are there yet, are you?

Special dedication to my friend the late Abdul Karim Bosco Mwalabu who died on 11^th February 2012

Colonel Gaddafi

The world on 20 October 2011 was awakened by the news that Libya's Muammar has been killed. To me that news never took me aback nor was kind of surprised, I knew it that one day brother leader was to either be captured alive or found dead. At the end of the day that's the kind of choice he made.Brother leader made so many enemies than friends, although his wealth did try to suppress the damage. Its indeed a shame that people we revered for what they stood for can just blow that opportunity and become the worst nightmares of all time. Brother leader has ruled the country for over fourty years, surely someone like him would have seen it coming and quit at the earliest opporyunity available but thats what being in control sometimes can get you. You tend to listen and care less about people who put you to power. He saw what just happened to Mubarak in Egypt but he never put his head round that, his neighbour in Tunisia Ben Ali, still nevr gave a damn. These two leaders,Mubarak and Ali will be thanking God for still having their precious lives and still breathing. Had they insisted to go on perhaps today we would be reading same story. Brother leader never read the writings on the wall that times have changed and people cannot be taken for granted.

September in a nutshell

I have not been able to put together a blog this month and did less last August due to workload I had to deal with both at work and home. It has been very difficult to do so despite so many events unfolding before our eyes elsewhere in the world.

My Legal Practice Course is taking its toll but hey that is a good thing, I got to do this time. I cannot continue banking things for later.

What I want to do in this blog is to just comment on those popular events that have taken place in this month of September hitting headlines elsewhere in the world.

 But before anything else, Big cheers out there to all Moslems in the world who celebrated their Eid ul fitr marking the end of fasting in the month of Ramadan. This year too has seen so many forums on the actual sighting of the moon. Certain quarters believe that the sighting is just being blindly followed and not evidenced by real sighting of the said moon. Saudi Arabia is a culprit on this but this has been so for the past decade. Most parts of the Muslim world follow Saudi Arabia in almost everything including the sighting of the moon and these resenting groups have been there all the time. I did ask one cleric regarding this; he said to me that I should just get over it. I am hoping that there will be a solution to all this.

I begin with the United Nations, a speech made by Iran President Ahmedinejad, who claimed that September 11 terrorist attack on the Twin Towers is an American government’s assault on its people led by former President George W. Bush. 

A number of delegates left the building in protest during the speech as they did not want to associate themselves with this kind of propaganda. Watching that on a local news network television, I was left inquisitive, pondered with so many questions. Most importantly, I wondered as to why some of the delegates remained seated and never seem to be bothered or taking an offense. As Netanyahu reiterated in his speech, that he expected all the delegates to have boycotted the speech and never let the Iranian president finish his speech.

Was he exercising freedom of speech? To some people including Ahmedinejad himself feel that way, they think they can do so as of an absolute right although this is not so. To others, he is a hero who could provoke America and make fun of its terrible incidents like that of September 11 right there in America. He is a brave man to sympathizers.

But does this make the United Nations an organisation that tolerates and encourage the exercise of freedom of speech on its corridors even if it is offensive in nature. My understanding is that this should be the case, if every speech and president was to be boycotted then what sort of an organisation would make the UN? United Nations knows that some countries are led by mad dogs and there is nothing they can do to deal with their issues. They can be isolated elsewhere but they should be given an opportunity of being heard in the United Nations like anybody else.

Still at the UN headquarters, the Palestinian bid of an independent state, President Abbas asked the United Nations to recognise Palestine as a sovereign state. This did not go down well, United States clearly expressed its position and some analysts claimed that president Obama was just destroying his historical speech he made in Cairo a year and half ago on Palestine.

Meanwhile the Israel Prime Minister urged United Nations to consider the dangers of seeing this bid through. As we expected the United States to veto, the only remaining question was to see which side the United Kingdom will take. What I make out of all these is that the Palestinian approach is that of moving on, and, peace process cannot be swayed by it.

In the same month we have seen the former leader of Egypt Hosni Mubarak bedridden to answer charges of corruption and murder in court. Shocking pictures of once the mighty leader of a great nation.

In North Africa, Libya’s Moammar Gadaffi’s regime finally disappeared; the Interim National Consultative council has moved its capital from Benghazi to Tripoli showcasing victory. The President received a warm welcome on arrival and promised to consolidate the broken relationship among the citizens and let there be peace again. The West has reiterated its support to rebuilding the country. 

While I am sceptical, I would have loved that Gadaffi be allocated wherever he is and put to task for the atrocities he has caused. If he is left out there how do we expect the people of Libya to move on while the beast is still at large?

In Zambia, the opposition candidate, Michael Sata, claims the hot seat of president in the General Election last week. To me Sata for the past years to last week has been considered as an underdog who posed no threat, despite being called King Cobra for his fire spitting tongue, to the sitting president of the country. Although his academic and life experience record is not attractive and might not look eye catching but no one could stop him from accomplishing his mission. Indeed colleagues at Victoria Station in London, where he used to work as a floor sweeper would be happy for what he has accomplished.

In Southern Africa today, most of surrounding countries neighbouring Zambia are either with a good president or a bad president whose head is sought come the General Election. As someone might have said that the wind of change is blowing again over Africa. I just hope this time it will leave behind useful debris than it did last time, it gave people hope that things were to change for the better and make the motherland once again a better place to live. But this is not the case today in Africa, leaders who take a country and destroy it until you feel like there is no hope of restoring this country… looting some prefer to call it. Citizens are reduced to beggars with no sense of hope that tomorrow will be different.

Injustice

Watching this week a minute appeal run on a national television to save men, women and children who are heavily affected by famine in Africa, something hit me in the face; I could not believe my eyes. It’s just appalling and unbelievable that even today in the 21^st century, some people somewhere in the world cannot have access to their basic familial requirements.

Why is this happening and why should people be subjected to such suffering, children in particular, whose fault is that? I was born and raised in Africa in a small house with a number of brothers and sisters; therefore I am aware of how bad things can be sometimes. I remember, we never used to ask for breakfast or lunch but we expected that at some point there will be something to get us go by. We did this because our both parents had no meaningful income and unemployed therefore bread winning was almost everybody’s responsibility including us children.

Now this situation in Africa brings memories back, to seeing those children dying before their mothers is something that reminds me that these parents are indeed helpless and cannot be  blamed for not trying because they have nothing left to save both their lives and the children.

When I was a kid, this kind of suffering seemed temporal and I spent day and night dreaming of having to wake up one day with a good life that’s enjoyed by our fellow kids elsewhere in the world. But I realise now that this was just a fantasy and seeing Children dying from starvation and malnutrition in Africa today tells me the same story that the problem is still there 30 years on.

The question is who should take a blame for all these untimely deaths? I reckon the culprit is an injustice that has rocked most African countries, the rich gets richer and the poor get poorer?

Injustice generally refers to misuse, abuse, neglect, or misfeasance that is uncorrected or else sanctioned by a legal system. It is gross unfairness suffered by the electorates who put these people to power and contribute to the well being of the country through their income tax.

In Africa, Political injustice is the most contributing factor of all the suffering that we have witnessed in this century. People are denied and deprived of their social and economic rights because of their mere choice of belonging to a certain group or having a different political ideology to that of the state.

Most people are impoverished not as a result of famine or anything but because of oppression and injustice by dominant groups.

No wonder, Somali militias played down the reports that the country is facing the worst in terms of food shortage. They deny that this is not true and maintaining that Western countries are exaggerating the extent of the problem and shouldn’t be believed. In Ethiopia, allegation of aid diversion and misuse levelled against the Ethiopian Government, instead of putting those funds where they are needed most and alleviate human suffering, they use international aid in cramping down political opponents and highly disregard the rule of law.

There are no food stocks, no good hospitals and personnel, no better schools and poverty is beyond belief.

It is injustice if people cannot be provided with their basic needs in any state or country while their leaders are massively enjoying the same. Innocent children are left to die with no fault of their own just because the country is so corrupt to an extent of even selling their own food stocks.

 It is injustice if the state fails to provide better education system in the country while their children and relatives are enlisted in overseas institutions just because they can afford it.

It is injustice when hospitals are turned into mortuaries where people just go to die because of lack of medical personnel and medicine.

Citizens fighting to get on the bus, while the president and his family is riding a convoy of the most expensive automobiles in the world.

Until injustice is stamped out entirely in Africa, African people shall remain in repression and suffering. Development will be the word they would live to hear every five years when a political leader is renewing his term in power.

The Holy Month of Ramadan

 Fasting in Islamic Jurisprudence

In Islamic Jurisprudence, Fasting is divided into two; Obligatory fasting and Optional (Man dub) fasting. In the first category there are also three types; what is obligatory because of time/season e.g. fasting in the month of Ramadan, what is obligatory because of the defect or reason e.g. fasting to compensate unfulfilled vow/oath made to oneself. Taking an oath in the name of Allah is in actual fact making Allah a witness to ones actions and going against that oath would be belying Allah.

My blog will focus on the fasting that occurs in Ramadan which is obligatory because of the time or the month of Ramadan according to Islamic calendar. It is one of the basic beliefs or acts that a Muslim is supposed to do.

Sources of Fasting

The Holy Quran 2:183: O you who believe! Observing the fasting is prescribed for you as it was prescribed for those before you, that you may become the pious Al-muttaqun.

The Sunnat: The sayings of the prophet Muhammad (Peace be Upon Him), where he is reported to have said “Islam is built on five”, meaning five pillars of Islam and one of these pillars is fasting in the month of Ramadan. He is also reported to have said to an Arab villager (bedouin) when he was asked as to what is required of him, he replied “and fasting the month of Ramadan”.

Consensus: All the Jurists/scholars of Islam agree to its obligation and no difference in opinion is reported from any of them. They agree that fasting is prescribed to a mature Muslim, intelligent, not on a journey, fit to fast which excludes those suffering from different illnesses and menstruating women.

In the Muslim world the Holy Month of Ramadan is more of a rejuvenating time and religious festival than being apprehensive about the consequences of fasting. Ramadan requires a Muslim to abstain from food and any worldly desires/materials from early Morning Prayer till the sunset for the whole month of Ramadan. It is one of the five pillars of Islam and obligatory in its observation as prescribed in the Holy Quran except those whose lives are in peril due to illness or on a journey.

Ramadan emanates from Arabic word ramd which stands for dry sand, drought, emptiness and dryness. It denotes the fact that by observing fasting abstinence from all worldly desires including food is a fundamental requirement. It was prescribed to Muslims and became obligatory in the second year of the prophet’s migration to Medina.

It is always regarded as the tool that assimilates an individual who is fasting with those that cannot because of illness or in famine. Fasting is not only a supplication but it’s a disciplinary act imposed on the Muslim. It is the only way of connecting with those that are suffering; in return they take care of them by sharing the little that Almighty God has bestowed upon them. It is always said that you cannot understand the suffering of others unless you become part of them. Fasting is considered as a means of practicing self-control, a means of knowing what hunger is all about. Showing sympathy to the poor and the needy and the way of thanking the Almighty God for everything you have received in this world.

Everywhere I have travelled including Saudi Arabia, Muslims at this time of the year open their doors to accommodate and welcome everybody to join them and eat together during Iftar (breaking the fast). It is the month of unity, good deeds and more charity and no one would want to lose this chance that comes once in a year. But work to do more just in case he never lives to seeing another year.

As a Muslim therefore it is important to observe fasting with pure intention of pleasing the Almighty God and not anyone else. Being wary of the fact that Fasting is the only act of worship that God Almighty reserves the right of ownership and mere declaration of fasting does not make it good or acceptable. It is God and God alone who knows as to whether your fasting is good or not. As a way of an example you may go behind your colleague’s back, drink or take some food while pretending that you are still fasting. And no one can ever judge you differently because they have no clue as to what you have just done but only God the Almighty is aware of your actions.