Hindu lawmaker in Pakistan raises fears of his community’s exodus

(Indian Express) A Hindu legislator has cautioned Pakistan’s new government about a possible exodus of members of his minority community and called for quick and effective legislation to safeguard their rights, according to a media report today. Mahesh Malani, the only non-Muslim elected to the Sindh Assembly from Tharparkar, claimed discrimination against Hindus, the country’s largest minority group, was forcing them to migrate to “safer places”.

Mahesh Malani claimed discrimination against Hindus, the country's largest minority group, was forcing them to migrate to safer places.

Mahesh Malani claimed discrimination against Hindus, the country’s largest minority group, was forcing them to migrate to safer places.

“The increasing sense of insecurity, caused by issues like forced conversion of Hindu girls to Islam, is compelling the community members to migrate to other places (like India),” Malani was quoted as saying by The Express Tribune. Malani, who contested the May 11 polls as a candidate of the Pakistan People’s Party, has been pushing for a proposed law seeking registration of Hindu marriages since 2008. He said the new government should form committees in every district to deal with the problems of minorities. These committees should comprise Muslims, non-Muslims and members of the Council of Islamic Ideology and they should take up cases related to alleged forced conversions and forced marriages.

Rampant poverty is the main reason behind such incidents, particularly in Sindh where Hindus make up a substantial chunk of the population, he said. Some Hindu businessmen are shifting their businesses due to the lawlessness in Pakistan’s largest city of Karachi, Malani said.

Since September last year, nearly 1,000 Hindu families have been struggling to migrate to India, the report claimed. Some of them succeeded in making their way to India, a “development likely to raise questions about Pakistan’s ability to protect its religious minorities”, it said. Several Hindu welfare organisations at Jodhpur in Rajasthan, which shares a border with Sindh, extended their support to Pakistani migrants, said Ramesh Jaipal of Hare Rama Foundation.

Leaders of the Hindu community had taken up the issue with Pakistan’s Supreme Court,which ordered the implementation of laws to address the concerns of minorities, Jaipal said. “The existing laws should be implemented to protect their rights this was the court’s order,” said Malani, who earlier served as a parliamentarian in a seat reserved for minorities. Nine legislators currently represent minorities in the Sindh Assembly, eight in the Punjab Assembly and three each in the legislatures of Balochistan and Khyber-Pakhtunkhwa.

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    Sahih Muslim Book 08. N 3371Marriage

    Chapter: Al-Azl (incomplete sexual intercourse): Coitus Interruptus.

    Abu Sirma said to Abu Sa’id al Khadri (Allah he pleased with him): O Abu Sa’id, did you hear Allah’s Messenger (May peace be upon him) mentioning al-‘azl? He said: Yes, and added: We went out with Allah’s Messenger (May peace be upon him) on the expedition to the Bi’l-Mustaliq and took captive some excellent Arab women;

    and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them.
    So we decided to have sexual intercourse with them but by observing ‘azl (Withdrawing the male sexual organ before emission of semen to avoid conception). But we said: We are doing an act whereas Allah’s Messenger is amongst us; why not ask him?

    So we asked Allah’s Messenger (May peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born.

    Al-‘Azl, (العزل) also known as coitus interruptus, is the practice of having sexual intercourse with a woman but withdrawing the penis before ejaculation. Apparently al-‘Azl with female captives and slaves was a pretty important topic for Muhammad and his companions as evidenced by the abundance of Hadith material on the subject.
    Narrated Jabir: We used to practice coitus interruptus during the lifetime of Allah’s Apostle .
    Sahih Bukhari 7:62:135
    Narrated Jabir: We used to practice coitus interrupt us while the Quran was being revealed. Jabir added: We used to practice coitus interruptus during the lifetime of Allah’s Apostle while the Quran was being Revealed.
    Sahih Bukhari 7:62:136
    When RAPING your captive, it’s better if you do not pull out at the end

    Narrated Abu Said Al-Khudri: that while he was sitting with Allah’s Apostle he said, “O Allah’s Apostle! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interruptus(RAPE WITHOUT PREGNANCY)?” The Prophet said, “Do you really do that? It is better for you not to PULL OUT. No soul that which Allah has destined to exist, but will surely come into existence.”

    Sahih Bukhari 3:34:432

    Abu Said said, “We went with Allah’s Apostle, in the Ghazwa of Barli Al-Mustaliq and we captured some of the ‘Arabs as captives, and the long separation from our wives was pressing us hard and we wanted to practice coitus interruptus. We asked Allah’s Apostle (whether it was permissible). He said, “It is better for you not to do so. No soul, (that which Allah has) destined to exist, up to the Day of Resurrection, but will definitely come, into existence.”
    Sahih Bukhari 3:46:718

    We went out with Allah’s Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. ………
    We asked (him) about it and he said, “It is better for you not to PULL OUT, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist.”
    Sahih Bukhari 5:59:459

    Narrated Abu Said Al-Khudri: That during the battle with Bani Al-Mustaliq they (Muslims) captured females and wanted sexual relation with them without impregnating them. So they asked the Prophet about coitus interruptus. He said, “It is better that you leave it in, for Allah has written whom He is going to create till the Day of Resurrection.” Qaza’a said, “I heard Abu Sa’id saying that the Prophet said, ‘No soul is ordained to be created but Allah will create it.”
    Sahih Bukhari 9:93:506

    Narrated Abu Said Al-Khudri: We got female captives in the war booty and we used to do coitus interruptus with them. So we asked Allah’s Apostle about it and he said, “Do you really do that?” repeating the question thrice, “There is no soul that is destined to exist but will come into existence, till the Day of Resurrection.”
    Sahih Bukhari 7:62:137

    Narrated Abu Said Al-Khudri: That while he was sitting with the Prophet a man from the Ansar came and said, “O Allah’s Apostle! We get slave girls from the war captives and we love property; what do you think about coitus interruptus?” Allah’s Apostle said, “Do you do that? It is better for you not to pull out, for there is no soul which Allah has ordained to come into existence but will be created.”
    Sahih Bukhari 8:77:600
    Abu Sirma said to Abu Sa’id al Khadri (Allah he pleased with him): O Abu Sa’id, did you hear Allah’s Messenger (may peace be upon him) mentioning al-‘azl? He said: Yes, and added: We went out with Allah’s Messenger (may peace be upon him) on the expedition to the Bi’l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing ‘azl (Withdrawing the male sexual organ before emission of semen to avoid conception). But we said: We are doing an act whereas Allah’s Messenger is amongst us; why not ask him? So we asked Allah’s Messenger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born.
    Sahih Muslim 8:3371, See also: Sahih Muslim 8:3372
    Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from Muhammad ibn Yahya ibn Habban that Ibn Muhayriz said, “I went into the mosque and saw Abu Said al-Khudri and so I sat by him and asked him about coitus interruptus. Abu Said al-Khudri said, ‘We went out with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition to the Banu al-Mustaliq. We took some Arabs prisoner, and we desired the women as celibacy was hard for us. We wanted the ransom, so we wanted to practise coitus interruptus. We said, ‘Shall we practise coitus interruptus while the Messenger of Allah, may Allah bless him and grant him peace, is among us before we ask him?’ We asked him about that and he said, ‘You don’t have to not do it. There is no self which is to come into existence up to the Day of Rising but that it will come into existence.’ ”
    Al-Muwatta 29 32.95b
    It’s okay to practice ‘azl when having sex with your slave-girl
    Narrated AbuSa’id al-Khudri: A man said: Apostle of Allah, I have a slave-girl and I withdraw the penis from her (while having intercourse), and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend by it. The Jews say that withdrawing the penis (azl) is burying the living girls on a small scale. He (the Prophet) said: The Jews told a lie. If Allah intends to create it, you cannot turn it away.
    Abu Dawud 11:2166
    Jabir (Allah be pleased with him) reported that a man came to Allah’s Messenger (may peace be upon him) and said: I have a slave-girl who is our servant and she carries water for us and I have intercourse with her, but I do not want her to conceive. He said: Practise ‘azl, if you so like, but what is decreed for her will come to her. The person stayed back (for some time) and then came and said: The girl has become pregnant, whereupon he said: I told you what was decreed for her would come to her.
    Sahih Muslim 8:3383
    Your slave-girl is your field, so water it or leave it thirsty if you want
    Yahya related to me from Malik from Damra ibn Said al-Mazini from al-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabit when Ibn Fahd came to him. He was from the Yemen. He said, “Abu Said! I have slave-girls. None of the wives in my keep are more pleasing to me than them, and not all of them please me so much that I want a child by them, shall I then practise coitus interruptus?” Zayd ibn Thabit said, “Give an opinion, Hajjaj!” “I said, ‘May Allah forgive you! We sit with you in order to learn from you!’ He said, ‘Give an opinion! ‘I said, ‘She is your field, if you wish, water it, and if you wish, leave it thirsty. I heard that from Zayd.’ Zayd said, ‘He has spoken the truth.’ ”
    Al-Muwatta 29 32.99b
    “You don’t need your slave-girl’s permission to practice ‘azl with her.”
    Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, “Tell them.” She was embarrassed. He said, “It is alright, and I do it myself.” Malik said, “A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else’s slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission.”
    Al-Muwatta 29 32.100b
    Additional Hadith about ‘azl
    Sahih Muslim
    Sa’d b. Abu Waqqas (Allah be pleased with him) reported that a person came to Allah’s Messenger (may peace be upon him) and said: I do ‘azi with my wife. Thereupon Allah’s Messenger (may peace be upon him) said: Why do you do that? The person said: I fear harm to her child or her children. Thereupon Allah’s Messenger (way peace be upon him) said: If that were harmful it would harm the Persians and the Greeks.
    Sahih Muslim 8:3394
    Abu Sa’id al-Khudri (Allah be pleased with him) reported: We took women captives, and we wanted to do ‘azl with them. We then asked Allah’s Messenger (may peace be upon him) about it, and he said to us: Verily you do it, verily you do it, verily you do it, but the soul which has to be born until the Day of judgment must be born.
    Sahih Muslim 8:3373
    Abu Sa’id al-Khudri (Allah be pleased with him) (was asked if he had heard it himself), to which he said: Yes. (I heard) Allah’s Apostle (may peace be upon him) as saying: There is no harm if you do not practise it, for it (the birth of the child) is something ordained (by Allah).
    Sahih Muslim 8:3374, See also: Sahih Muslim 8:3375
    Abu Sa’id al-Khudri (Allah be pleased with him) reported that Allah’s Apostle (may peace be upon him) was asked about ‘azl, whereupon he said: There is no harm if you do not do that, for it (the birth of the child) is something ordained. Muhammad (one of the narrators) said: (The words) La ‘alaykum (there is no harm) implies its Prohibition.
    Sahih Muslim 8:3376
    Abu Sa’id al-Khudri (Allah be pleased with him) reported that mention was made of ‘azl in the presence of Allah’s Apostle (may peace be upon him) whereupon he said: Why do you practise it? They said: There is a man whose wife has to suckle the child, and if that person has a sexual intercourse with her (she may conceive) which he does not like, and there is another person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to have conception so that she may not become Umm Walad, whereupon he (the Holy Prophet) said: There is no harm if you do not do that, for that (the birth of the child) is something pre- ordained. Ibn ‘Aun said: I made a mention of this hadith to Hasan, and he said: By Allah, (it seems) as if there is upbraiding in it (for ‘azl).
    Sahih Muslim 8:3377, See also: Sahih Muslim 8:3378 and Sahih Muslim 8:3379
    Abu Sa’id al-Khudri (Allah be pleased with him) reported: Mention was made about al-‘azl in the presence of Allah’s Messenger (may peace be upon him), whereupon he said: Why any one of you practises it? (He did not say: One of you should not do it), for there is no created soul, whose creator is not Allah.
    Sahih Muslim 8:3380
    Abu Sa’id al-Khudri (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) was asked about ‘azl, whereupon he said: The child does not come from all the liquid (sermen) and when Allah intends to create anything nothing can prevent it (from coming into existence).
    Sahih Muslim 8:3381, See also: Sahih Muslim 8:3382
    Jabir b. ‘Abdullah (Allah be pleased with them) reported that a person asked Allah’s Apostle (may peace be upon him) saying: I have a slave-girl and I practise ‘azl with her, whereupon Allah’s Messenger (may peace be upon him) said: This cannot prevent that which Allah has decreed. The person then came (after some time) and said: Messenger of Allah, the slave-girl about whom I talked to you has conceived, whereupon Allah’s Messeuger (may peace be upon him) said: I am the servant of Allah and His Messenger.
    Sahih Muslim 8:3384
    Yahya related to me from Malik from Abu’n-Nadr, the mawla of Umar ibn Ubaydullah from Amir ibn Sad ibn Abi Waqqas from his father that he used to practise coitus interruptus.
    Al-Muwatta 29 32.96b
    Yahya related to me from Malik from Abu’n-Nadr, the mawla of Umar ibn Ubaydullah from Ibn Aflah, the mawla of Abu Ayyub al-Ansari from an umm walad of Abu Ayyubal-Ansari that he practised coitus interruptus.
    Al-Muwatta 29 32.97b
    Yahya related to me from Malik from Nafi that Abdullah ibn Umar did not practise coitus interruptus and thought that it was disapproved.
    Al-Muwatta 29 32.98b
    Yahya said that Malik related from Ibn Shihab from Salim ibn Abdullah ibn Umar from his father that Umar ibn al-Khattab said, “What’s the matter with men who have intercourse with their slave-girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or stopped having intercourse with her.”
    Al-Muwatta 36 23.24b
    Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, “What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her.” Yahya said that he heard Malik say, “What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime.”
    Al-Muwatta 36 23.25b

    Ghanimah or Plunder in the Quran
    To round off the theoretical discussion of jihad I must pass on to the doctrine of ghanimah as explained in the Quran and the Hadith. We have seen that the reward of a mujahid in the hereafter is the highest heaven. What is his reward on earth? It is plunder, or spoils of war, or war booty, as the Arabic expression ghanimah is variously translated. Not many are prepared to believe that plunder can be considered a meritorious or even desirable outcome of the highest duty enjoined upon the followers of a religion. To remove their incredulity a somewhat detailed discussion of the matter is necessary. It has to be admitted that both the Quran and the Hadith declare this outcome of jihad as much inferior to the propagation of Islam as also to the pleasures of Paradise to be earned by fighting with the infidels. But at the same time these works have given detailed instructions on the mode of distribution of plunder as also the laws regulating the distribution. The legislation relating to this is first mentioned in the Quran itself. The Hadith elaborates it and narrates the Prophet’s own plundering activities. Last but not least, the various schools of Islamic jurisprudence codify the regulations in a systematic manner.
    I must explain the word ghanîmah.
    As stated above, the technical meaning of ghanimah is plunder or war booty, and it includes all types of booty wrested from the unbeliever – his goods, his land, his gold and silver, as also his wife and children. But the literal meaning of the word seems to be “anything that enriches” (the victor). Etymologically the word is derived from “ghanim”, enemy, and means that which has been got from him. But in the technical terminology of Islam, it has come to connote “loot”. The Hadith mentions 99 alternative names of Allah, Al-Mughni being one of them. That name in English means “Enricher”. Mughni is a word obviously related to ghanimah. But it is doubtful if Allah is supposed to enrich his devotees by loot alone. In other words, it is quite possible that ghanimah might well be an euphemism in its literal sense just as jihad (=effort, striving) is one. Islam has a large stock of such euphemisms, including the world “Islam” itself which is supposed to mean “peace”. This meaning is wrong. “Islam” means “surrender” to Allah by his followers so that Allah could settle his score with non-Muslims, vide Quran 3:19.
    But whatever euphemism lies hidden in the word ghaimah, technically it means plunder in jihad, arid nothing else. In everyday Muslim parlance, the word “ghanîmat” stands for “good fortune”, and sounds farthest from “plunder obtained in a blood-thirsty war”. Even so, it retains the sense of “bounty” or gain in the normal course.
    It should not surprise the reader to learn that quite a few Muslim translators feel a sort of delicacy or diffidence in rendering the word ghanimah as “plunder”. Some of them use the expression “wealth gained in war”, or some such circumlocution. But the more faithful English versions everywhere render it as “plunder”, or use an equivalent expression “spoils” being the most usual rendering. All such expressions, however, mean “loot”, pure and simple. “Wealth gained in war” is a euphemism which conceals the real import of ghanimah.
    What are the injunctions regarding ghanimah in the Quran? The eighth chapter of the Quran is entitled Anfãl, meaning “surplus earning” or “bonus”. The whole of this chapter relates to war booty which is the “bonus” in question. The idea seems to be that the chief objective of jihad is Islamic expansion and the pleasures of the Paradise. Earning of spoils is merely a surplus earning – an incidental incentive to the mujahid’s religious zeal, so to say.
    (a) The first verse of Surah Anfãl says:
    “They ask thee of the spoils of war. Say: The spoils of war belong to Allah and the Messenger. So keep your duty to Allah.”
    The obvious meaning of this verse is that plunder is an act of charity issuing from Allah and his Prophet – no mujahid should look upon it as his own earning.
    But verse forty-one of the same chapter says:
    “And know that whatever ye take as spoils of war, lo! a fifth thereof is for Allah and His Messenger and for the kinsmen and orphans and the needy and the wayfarer.”
    This verse raises a question as to the allotting of shares from the plunder; as such, it indirectly recognizes some share (i.e. four-fifths) for the mujahids as well.
    The important thing about this one-fifth of the plunder is that Islamic scholars call it the “holy one-fifth”. The technical expression for it is Khums, otherwise spelt as Khams. According to the schools of jurisprudence, this one-fifth is to proceed to the Muslim king’s treasury when the Prophet is no more. A similar word is Fai which stands for the whole plunder going to the Prophet (or the Sultan) if it is obtained without regular warfare. Jizyah itself is a sort of Fai – the Prophet or the Sultan being the sole owner of that gain.
    (b) Who then is to own the remaining four-fifths of the plunder obtained by a regular campaign? Should that be given away to the whole body of Muslims? The Quran says: No Muslim except the mujahid is entitled to any share of the four-fifths. Allah says clearly:
    “Those who were left behind will say: When ye set forth to capture booty, let us go with you. Say: Ye shall not go with us” (Quran 48:15).
    Historically this verse refers to certain Arab tribes around Medina, who had been called by the Prophet to join his expedition to Hudaibiyah (628 AD) but who chose to stay behind. They were to get no share of the booty, enjoined Allah.
    (c) Whether it be a bonus or Allah’s bounty to the believers who engaged in jihad, Allah’s pledge to lead the believers to adequate plunder is also available in the Quran:
    “Allah was well pleased with the believers when they swore allegiance unto thee (i.e. the Prophet) beneath the tree, and He knew what was in their hearts and He sent down peace of reassurance on them, and hath rewarded them with a near victory; and much booty they will capture.” (Quran 48:18-19).
    Historically this verse refers to the famous Pledge of the Tree which the followers of the Prophet took at Hudaibiyah, when a rumor was circulated that the Prophet’s emissary to the Meccans, his son-in-law Othman (the future Caliph), had been killed by the latter. Allah’s “peace of reassurance” was accompanied with intimation regarding adequate plunder awaiting the faithful in near future.
    (d) Such reward was not promised to Muslims of the Prophet’s time alone. His followers for all time to come would continue to receive booty:
    “And other (gain) which ye have not been able to achieve, Allah will compass it.” (Quran 48:21).
    In other words, plunder is every mujahid’s birthright – it is a never ceasing dispensation.
    (e) Supposing that a mujahid of tender conscience refuses to acquire booty? Says Allah:
    “Eat ye the spoils of war. They are lawful and pure.” (Quran 8/69).
    (This rendering is by Abdul Hamid Siddiqi).
    This verse shows that Allah exonerates the plundering Muslims from all misgivings arising from the prickings of conscience.
    (f) The Quran is not given to circumstantial references to historical events. But the plundering of the Jewish clan of Quraizah supposed to have been in league with the Meecans in the Battle of Ahzãb (627 AD) is mentioned there in some detail:
    “And (Allah) brought those of the people of Scripture who supported (the Meccans) from their strongholds, and cast panic into their hearts. Some ye slew and ye made captive some. And he caused you to inherit their land and their houses and their wealth.” (Quran 33:26-27).
    Land, houses, wealth, captives! The nature of ghanimah is made explicit in this verse.
    Of such plunder, the male population (chiefly children) are enslaved, and the females inducted into the mujahids’ harems when not sold out in the slave market. The Quran elaborates the right of the mujahid over captured kafir women.
    “And all married women are (forbidden unto you) save those (captives) whom your right hands possess.” (Quran 4:24).
    In this verse, the character of ghanimah is explained with brutal frankness. The captured kafir women, snatched from their husbands, can be enjoyed with absolute impunity by the mujahids. True, the Quran does not spell out the nature of the indulgence. But its decree regarding kafir women possessed by the mujahid’s right hand is obviously not one of honorable remarriage. It is nothing but forcible concubinage. Lest there should be any doubt regarding the nature of the indulgence, the Hadith adds its own tell-tale gloss upon this very verse. Here a summary of the contents of this chapter is in order.
    In brief, the property of the infidel – his wealth, his women and children -, all without exception, is lawful plunder for the mujahid. The merit of such plunder is indeed less than that of spreading Islam and looking up to the pleasures of the other world, but the Quran has given it due recognition. Not only that. It has explained the mode of its disposal as between mujahid and mujahid, and also as between the mujahid and his commander. Not only that. It has, in unmistakable language, pronounced the plunder “lawful and pure”.

    Plunder (Ghanimah) in the Hadith
    (1) Is plunder compatible with religion and piety? We have seen that the Quran itself says “yes”! But it appears that some objection was raised against this view as early as the Prophet’s own life-time. The Prophet himself met this objection in a somewhat longish hadith.. We find him declaring in favor of the Quranic view by contrasting Allah’s dispensation regarding plunder in the epoch of former prophets with that in his own. The same issue had been raised when the followers of a former prophet had amassed a goodly amount of loot which Allah apparently disapproved. So “a fire approached the spoils to devour them”, but stopped just short of touching it. The prophet of aforetime was clever enough to guess the reason for such strange behavior on the part of the divine fire. And he told his followers, “One of you must be guilty of concealing a part of the spoil. So come forward and touch my hand by way swearing fealty to me.” One or two hands stuck the prophet’s hand and, true enough, on questioning they disgorged “gold equal in volume to the head of a cow”. So the whole plunder was put together and Allah’s fire promptly lapped it up. To the prophet of Islam, the meaning of this parable was unmistakable. As he reasoned:
    “The spoils of war were not made lawful for any people before us. This is because Allah saw our weakness and humility and made them lawful for us.” (Sahih Muslim, No. 4327).
    (2) It should be clear from the foregoing episode that the Hadith makes its own addition to the Quranic doctrine of ghanimah. The mujahid must despoil the infidel as a matter of course, but he should not “misappropriate” any portion of the loot. The plunder is property of the Islamic state so long as it is not doled out to each according to his performance, the Prophet’s (or the Sultan’s) “holy one-fifth” being the pick of the basket. Keeping the plunder for oneself without reference to the commander is a grievous sin. As the Prophet puts it in another hadith:
    “Fight against those who disbelieve in Allah. Make a holy war; do not embezzle the spoils.” (Sahih Muslim, No. 4294).
    In fact, “embezzlement of spoils” is one of the deadliest sins in Islam. This comes out in a number of ahãdith. A slave of the Prophet was killed in jihad against the Jews of Khaibar (AD 628). When people started greeting him as a martyr, the Prophet cried out:
    “Nay, not so. By Him in Whose hand is the life of Muhammad, the small garment he stole on the day of Khaibar but which did not fall to his lot is burning like the Fire (of Hell) on him.” (Sahih Muslim, No. 210).
    (3) I have said that this doctrine of embezzlement or misappropriation of the spoils is an addition to the Quranic doctrine of plunder made by the Prophet on his own. But it must be understood that what the Hadith has added to the Quran is but a logical corollary. Plunder, this side of religion, is a vocation natural to robbers. If robbers go on a plundering spree, it is only the iron discipline of the leader that prevents them from falling out among themselves for a larger share of the gain. Now if one were to invoke divine sanction for the plunder, one must similarly make provision for divine disapproval against its misappropriation. The two things hang together, and what the Hadith has added is only a legitimate extension of the Quran.
    (4) The Hadith has made many other additions to the doctrine of ghanimah. It would be tedious to enumerate all of them, but one important addition, equally logical, merits mentioning.
    “The Messenger of Allah allotted two shares from the spoils to the horseman and one share to the footman.” (Sahih Muslim, Nos. 4358-59).
    The learned Pakistani translator of Imam Muslim refers to the vast Islamic literature which expounds this tenet and he himself breaks into lyricism in extolling such beauties of the Hadith.
    (5) A far more important extension made by the Hadith to the doctrine of ghanimah is the inclusion of the whole world as the Muslim’s rightful “field of spoliation” so to say. The Quran speaks of the “other gain which the Muslims have not yet been able to achieve” (Quran 48:21). The Hadith tells us that the “whole of earth belongs to Allah and His Apostle”. Because such ahadith touch the issue of Islamizing the whole of humanity this hadith merits quoting in extenso. But first of all a preliminary word.
    The reader should know that early Islam became prosperous by destroying one by one the Jewish settlements around Medina and wresting their lands and goods and women and children as plunder. A hadith refers to this practice of spoliation with absolute candor and incidentally brings out the theory of wholesale Islamization of humanity. The Sahih Muslim narrates on the authority of Abu Hurairah:
    “We were sitting in the mosque when the Messenger of Allah came and said: Let us go to the Jews. We went out with him until we came to them. The Messenger of Allah stood up and called out to them: O ye assembly of Jews, accept Islam and you will be safe.” (No. 4363).
    This last sentence has been called the “communication of the message” (of Islam) and, as has been explained previously, this is the best mode of inaugurating a jihad, The hadith then indicates that the Jews were not agreeable to the call. The Prophet repeated the call three times consecutively and failing a satisfactory response said:
    “You should know that the earth belongs to Allah and His Prophet, and I wish that I should expel you from this land.” (Ibid).
    In other words, the whole earth is the mujahid’s field of spoliation. The Hadith has not minced matters, but divulged the supreme mission of Islam with absolute frankness.
    (6) As the last item of Hadith addition to the Quranic doctrine of ghanimah, we may mention the treatment meted out to the female captives whom the mujahid’s “right hand possesses”. They are subjected to unrestricted concubinage. The following hadith brings this out without a vestige of vagueness or obscurity:
    “At the battle of Hunain, Allah’s Messenger sent an army to Autas.” Having overcome (the infidels) and taken them captive the Companions of Allah’s Messenger seemed to refrain from having intercourse with the captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: Forbidden unto you are the women already married except those whom your right hand possesses.” (Sahih Muslim, No. 3432).

    Quran 4:24. The Arabic phrase for “those whom your right hand possesses” is “ma malakat ayman u kum”
    In fine, the infidel’s wealth, women and children – all are lawful plunder for the mujahid. (1) To enjoy such plunder is glorious, if only less glorious than propagating Islam or contemplating the pleasures of the hereafter. The Quran proclaims its lawfulness and sanctity. The Hadith extends the Quranic message. The Hadith particularly dwells on it as a sort of special dispensation denied to former prophets. (2) The spoliation of Jews is elaborated in the Hadith as an earnest of Islam’s mission over the whole earth. (3) The matter of “those whom one’s right hand possesses” is explained in the Hadith with breath-taking candor.

    Plunder (Ghanimah) in Jihad:
    The Evidence of the Sunnah
    Did the Prophet appropriate plunder (ghanimah) for his own use? The relevant Revelations and ahadith have already been discussed in detail, and the part of Khums, the holy one-fifth of the plunder in the Islamic scheme of things, analyzed threadbare. But here again the Prophet’s own practice (Sunnah) has to be mentioned if only to round off the discussion. A proper analysis of this single topic would require a whole book; here I shall content myself with a bare outline.
    (1) According to the biographers, the Prophet received his one-fifth starting from the raid of Nakhla (late 623 AD) in which one Quraishite was killed and two of them made captives, the booty obtained being meager. But as the earliest of the Prophet’s biographers, Ibn Ishãq, reflected, “This was the first booty which the Muslims obtained, the first captives they seized, and the first life they took.” The amount of ransom money charged was 40 ounces of silver for each of the two captured Quraishites.
    (2) In comparison, the loot from the Battle of Badr (624 AD) was considerable. Besides a vast amount of garments and articles of leather, the number of camels captured was 114 and that of horses 10, the captive Quraishites totalling 70. According to Margoliouth’s calculation, the ransom money charged was 100,000 dirhems. The Prophet received a clear one-fifth of these. Over and above, he took the camel of Abu Jahl, his most inveterate Quraishite enemy happily “sent to hell” on the battlefield, as also the famous sword Zulfiqãr. These constituted his special share as the chief of his team.
    (3) The largest amount of plunder earned during the Prophet’s ten years residence at Medina was obtained at the cost of the Jews. A short account of these earnings should elucidate the relevant Sunnah for plunder with more vividness than any other event could.
    As is well known, the Prophet’s conquering career started with his migration to Medina in September 622 AD. In the history of Islam the event is known as the Migration (hijrah) with a capital M. The Prophet’s previous career of 12 or 13 years preaching at Mecca had enlisted very few converts. In Medina, indeed he was received with the honor due to a monarch, but this was not accompanied by any accession of wealth or property. The first gainful exploit of Muslims was the victory of Badr. But the plunder obtained therefrom, though opulent, was not considerable enough to feed the growing Muslim population indefinitely. It seems to be this consideration above any other which actuated the Prophet for extirpating the thriving Jewish settlements around Medina and attaching their property to the nascent Islamic state. It has been argued that the Jews themselves had behaved treacherously with him. But if “all earth belongs to Allah and His Prophet” such a rationalization is hardly necessary. In any event, after the victory of Badr the Jewish tribes of Medina started being a prey to the Prophet’s repeated assaults. Banu Kainuka was the first tribe to be thrown out. This event occurred close on the heels of Badr. After the reverse at Uhud (625 AD), it was the turn of the Banu Nazir to be banished. Banu Quraizah, as mentioned earlier, was exterminated after the Battle of Ahzãb (627 AD). All these were Jewish tribes of Medina.
    The very next year saw the raid upon Khaibar (628 AD), that is, on the Jews who resided far from Medina. They were retained in their settlements on condition of tilling their own lands and paying half their produce to the Islamic state. This seems to be the first imposition of jizyah in the history of Islam. The extirpation or subjugation of Jews in all these cases was followed by extortion of a vast amount of ghanimah (plunder).
    (a) Property worth thousands of dirhems, if not more, accrued from the expulsion of Banu Nazir (625 AD). This tribe had rich and extensive agricultural lands, all of which was appropriated by the Prophet. This was because the Nazirites were conquered without engaging in regular warfare, so that their property was counted as Fai (gift) in Islam’s technical vocabulary. As Abdul Hamid Siddiqi’s commentary on a hadîs elaborates:
    “The properties abandoned by Banu Nazir were the ones which Allah bestowed upon his Apostle for which no expedition was taken either with cavalry or camel. Those properties were particularly meant for the Holy Prophet. He would meet the annual expenditure of his family from the income thereof and would spend what remained for purchasing horses and weapons for preparation of Jihad.” (Sahih Muslim, No. 4347).
    (b) The plunder accruing from the extermination of the entire male population of Banu Quraizah is best described in Muir’s language. As he puts it:
    “The booty was divided into four classes – lands, chattels, cattle and slaves; and Mohammad took a fifth of each. There were (besides the children who counted with their mothers) a thousand captives; from his share of these, Mohammad made certain presents to his friends of slave girls and female servants. The rest of the women and children he sent to be sold among the Bedawi tribes of Nejd, in exchange for horses and arms in the service of the State; for he kept steadily in view the advantage of raising a body of efficient cavalry. The remaining property was divided among the 3,000 soldiers of Medîna, to the highest bidders among whom the women also were sold”.
    “The whole booty at the prize valuation would thus be 40,000 dînãrs. Mohammad sold a number of State slaves to Othmãn and Abd-ar-Rahmãn, who made a good speculation therefrom. They divided them into old and young. Othmãn took the old, and found as he expected much money on their persons. Large sums were obtained from the Jews of Kheibar and other places for the ransom of such of the women and children as they were interested in.” The Life of Mahomet, p. 320 and n.
    This single example brings out the Prophet’s practice regarding ghanimah (plunder) with a vividness which a hundred pages of theoretical discussion would hardly equal.
    (c) But even this booty, vast as it was, was small compared to what the Prophet wrested from the Jews of Khaibar. After their defeat, When the Muslims came to apportion their spoils they found that the conquest of Khaibar surpassed every other benefit that God had conferred on their Prophet. The leader’s one-fifth enabled him to enrich his wives and concubines, his daughters and their off-spring, his friends and acquaintance, down to the servants. Eighteen hundred lots were portioned out for the fourteen hundred fighters; the two hundred horsemen got, according to custom, treble lots. Moreover there was no fear of this wealth melting away as the former booty had melted; for the Jews remained to till the land which became the property of the robbers.
    Did the Prophet appropriate female slaves in conformity with the Quranic injunction on concubinage? Biographers mention Raihana, the Jewess of Banu Quraizah, chosen by the Prophet as his concubine after she had refused to espouse Islam, that being the condition for legal marriage. But Raihana’s story does not figure prominently in the canonical ahadith, which, while mentioning nine wives (apart from the long-deceased Khadija) and two concubines, dilate only on Maria, the handsome Coptic slave girl presented to the Prophet by the Christian governor of Egypt. It is not clear why Maria, who had apparently turned Muslim, was not given the benefit of legal marriage. That she was a slave could be no objection, for the Prophet could well have manumitted her. In fact, canonical ahadith refer to the similar case of Safiyya with much fanfare. As Muslim writers make much of this case and cite it as an example of the Prophet’s noble heart, I will describe it in some detail.
    Safiyya’s father Huyayya belonged to Banu Nazir. After the expulsion of his tribe from Medina, he had taken refuge at Khaibar, and, because of his warlike activities, had been assassinated by killers sent by the Prophet with an express order. Her husband Kinana was cruelly tortured and murdered in cold blood after the conquest of Khaibar, again by the Prophet’s express order. In the distribution of spoils, Safiyya actually fell to the lot of Dihya, a handsome Muslim, in whose shape Gabriel is said to have often visited the Prophet. The full story is told by Imam Muslim on the authority of Anas, the Prophet’s personal attendant. As Anas relates:
    “We took the territory of Khaibar by force. There came Dihya and he said: Messenger of Allah, bestow upon me a girl out of the prisoners. He said: Go and get any girl. He made a choice of Safiyya. There came a person to Allah’s Apostle and said: Safiyya is worthy of you only. When Allah’s Apostle saw her he said [to Dihya]: Take any other woman from among the prisoners. He then granted her emancipation and then married her. On the way Umm Sulaim embellished and then sent her to the Holy Prophet at night. Allah’s Apostle appeared as a bridegroom in the morning. (Sahih Muslim, No. 3325).
    This narrative tells its own story in the simplest language possible. But to illustrate how devout Muslims view such examples of Sunnah, one more word is necessary. Imam Muslim himself has entered this hadith in his collection, not as an example of ghanimah (plunder) earned by the Prophet from his ghazwah (expedition) but as an instance of the high morality involved in emancipating a slave woman before marrying her! Needless to say, Safiyya had not been a slave woman prior to her being treated as lawful plunder. The learned Pakistani translator of Sahih Muslim is not satisfied even with this elucidation. Not to be outdone by the venerable Imam of aforetime, he has added his own encomium on the Prophet’s noble character on the strength of this very hadith. He speaks of a Revelation (without actually citing it) that,
    “her marriage with the Holy Prophet was a dire necessity in the larger interest of the Islamic State”!!
    Nor does he stop even at that. He adds in so many words that,
    “It is easy to talk of noble things and high ideals, but it is difficult to put them into practice”.!!!
    Obviously, he enters the event in the register of the Prophet’s noblest deeds. Comment is superfluous.

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