Sikh Killed for Refusing to Pay the Jizya in Pakistan


KARACHI: In 1947, there were a 100 Parsi families living in Quetta. Today, there are only two.

A speaker, M Prakash, said that there were 350 temples and gurdwaras in Sindh but only five to 10 were owned by them.

A speaker, M Prakash, said that there were 350 temples and gurdwaras in Sindh but only five to 10 were owned by them.

“This figure alone tells the deplorable state of minorities in the country,” aptly concluded Justice (retd) Mehta Kailash Nath Kohli, the keynote speaker on the first day of a two-day workshop, ‘Status of Religious Minorities in Pakistan: Challenges and Response’, organised by the Human Rights Commission of Pakistan (HRCP) at the Avari Towers on Saturday.

The judge, who hails from Quetta, spoke how his community members — the Hindus — are being abducted and kidnapped. “Since Pakistan’s inception, not a single law has been legislated in favour of religious minorities,” he added.

 photo 30_zpsd558b384.jpg

Human rights defenders from Palestine, France, Indonesia and Philippines gravely listened to the woes of the minorities.

The issue of land grabbing of the houses of worships and properties by the Evacuee Trust Property Board also became a part of the discussion. Lawyer Rochi Ram claimed that one-million acre land in Badin, Umerkot and Tharparkar was left behind by the Hindus but the land was no longer under the community’s ownership. “The government takes over the land and gives it on lease. Many burial places belong to the non-Muslims but we are not allowed to bury the bodies over there.”

A speaker, M Prakash, said that there were 350 temples and gurdwaras in Sindh but only five to 10 were owned by them. Minority members pointed out how discussions over the misuse of the blasphemy law have disappeared from the forefront. “We have forwarded recommendations to the government on how can we stop the misuse of this law,” said  father Emmanuel Yousaf.

Another participant, Jaipal Chhabria, lamented that there was not a single Christian parliamentarian in Sindh Assembly. “Bilawal Bhutto dreams of having a Christian prime minster but his government did not to make the required amendments to allow minorities to hold important positions.”

He frowned that the media showed Hindus as opportunists. HRCP’s vice-chairperson Amarnath Motumal discussed how personal laws and marriage rights of their community were being completely ignored. “The courts do not recognise our rights. Even seven-year-old girls are being converted.”

Pushpa Kumari broke down into tears as she narrated the incident when a body of a 17-year-old girl was taken out from a graveyard because she was buried in a Muslim graveyard.

Carrying a bunch of newspapers dated last week, she said, “There are five cases of sexual harassment of Hindu women in Sindh, including the gang rape of a teenager.”

Kumari said that recently the government released 39 bonded labourers of the Hindu community, but asked would it take their responsibility.  She narrated how in 1996, she was told to quit her job at the Pakistan Atomic Energy Commission because their policy did not allow Hindus to work there.

A Sikh community member, Sardar Kalyan Singh, said that when they go to Peshawar or FATA, they have to pay Jizyah, which is sometimes Rs25,000, per person per year.

“Two days ago, a member of the Sikh community was killed because he refused to pay Jizya. When we spoke to the minister, he said that he is being forced to pay the same, so we should abide.”

A member of the Ahmadi community, Amir Mahmood, called for elimination of the anti-Ahmadi Ordinance.

Barkat Ali from the Hazara community said that he had lost his cousin in the recent attack on Hazara pilgrims. “We are left with no hope and we think the government is not serious about solving anything.”

Bigger picture: Foreign activists paint dismal picture

Foreign human rights defenders also shared the situation in their countries. Ihsan Ali Fauzi, a researcher at the Center for the Study of Religion and Demonstration in Indonesia, said that since 2006, discrimination and violence against Ahmadis, Biharis, Christians and Shias had increased.

Through his presentation, he shared that attacks on minorities have risen from 216 in 2010 to 244 in 2011. Fauzi said that the blasphemy law which came into existence in Indonesia in 2008, and the laws pertaining to seeking permission before building a house of worship led towards religious intolerance.

Present at the HRCP workshop, Palestinian Al-Haq’s general-director Shawan Jabarin, said that Pakistan’s government was not doing enough to tackle the human rights violations in the country.

“I feel that the government is not playing its part. The people here should be free from fear and enjoy freedom,” said Jabarin, who since 1987 has been fighting for the rights of his people back at home.

Jabarin, who also holds a Masters degree in International Human Rights Law, said that Al-Haq was founded in 1979 and is the first human rights organisation in the Middle East region. His organisation dealt with policies instead of isolated cases.

Jabarin is a firm believer of self-determination, and feels that people all over the world should be entitled to their right. “Back home, our people are not enjoying self-determination. They face property destruction and killings. We are struggling but one day we will get there. This is what we learn from history.”

One thought on “Sikh Killed for Refusing to Pay the Jizya in Pakistan

  1. ANIMAL LOVING MUSLIMS:

    ISLAM & ZOOPHILIA

    PAKISTAN

    In Southern Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan, sex with animals is a common practice among rural youths and considered a rite of passage into adulthood.
    In southern Punjab, much of NWFP, Sindh and Balochistan sodomy and bestiality are common among rural youths. In fact, he caught two boys trying to rape a goat in the vicinity of the mazar of Hazrat Sultan Bahu. The punishment meted out to them was 10 blows with a chhittar (shoe) each on their butts. They protested however that in many rural areas having sex with an animal was considered a rite of passage on the way to becoming full members of the male society!
    Desegregation of the sexes and promiscuity
    Ishtiaq Ahmed (associate professor of political science at Stockholm University), Daily Times, June 27, 2006

    DONKEY KILLED AFTER BEING RAPED

    In June 2011, a male who was caught having sex with another man’s donkey was fined Rs 50,000. This fine was not imposed for having sex with an animal, but for committing adultery. The raped donkey was labelled a ‘kari’ (an adultress) and eventually honor killed by its owner.

    Incredible though it may sound, a donkey was declared ‘Kari’ and shot dead here in a remote area on Monday. The Jirga imposed 110,000 rupees fine on the alleged ‘Karo’.
    The reports said that in Village Ghahi Khan Jatoi, a villager Ghazi Khan alias Malang shot dead his donkey on being ‘Kari’ with Sikandar Ali alias Deedo. He attempted to kill Sikander too but the alleged Karo managed to escape and surrendered himself to an influential person of the area.
    Sources said the influential person summoned both the parties and imposed 110,000 rupees fine on the Karo. They said Sikander and his family were forced to pay Rs 50,000 on the spot and the remaining amount in two installments.
    The sources added that the alleged Karo pleaded innocence at the Jirga, but the Jirga members paid no attention to it. Sikander’s family said he paid Rs 50,000 to save his life otherwise he would have been killed.
    Donkey declared ‘Kari’ killed
    The News International, July 19, 2011
    Pakistan ranks number 1 for such varied search terms as “child sex,” “rape sex,” “animal sex,” “camel sex,” “donkey sex,” “dog sex,” and “horse sex”.
    The Muslim country, which has banned content on at least 17 websites to block offensive and blasphemous material, is the world’s leader in online searches for pornographic material
    . . .
    Google ranks Pakistan No. 1 in the world in searches for pornographic terms, outranking every other country in the world in searches per person for certain sex-related content.
    Pakistan is top dog in searches per-person for “horse sex” since 2004, “donkey sex” since 2007, “rape pictures” between 2004 and 2009, “rape sex” since 2004, “child sex” between 2004 and 2007 and since 2009, “animal sex” since 2004 and “dog sex” since 2005, according to Google Trends and Google Insights, features of Google that generate data based on popular search terms.
    The country also is tops — or has been No. 1 — in searches for “sex,” “camel sex,” “rape video,” “child sex video” and some other searches that can’t be printed here.
    No. 1 Nation in Sexy Web Searches? Call it Pornistan
    Kelli Morgan, Fox News, July 13, 2010

    OTHER COUNTRIES & BESTIALITY — RELATED SEARCHES

    Pakistani Muslims are not alone in their search for porn.
    Google, the world’s most popular Internet search engine, has found in a survey that mostly Muslim states seek access to sex-related websites and Pakistan tops the list. Google found that of the top 10 countries – searching for sex-related sites – six were Muslim, with Pakistan on the top. The other Muslim countries are Egypt at number 2, Iran at 4, Morocco at 5, Saudi Arabia at 7 and Turkey at 8. Non-Muslim states are Vietnam at 3, India at 6, Philippines at 9 and Poland at 10.
    Pakistan most sex-starved
    Khalid Hasan, Daily Times, May 17, 2006
    Here are the Muslim countries and how they placed in the top five world ranking of various bestiality-related internet search terms:[8]
    Pig Sex: Pakistan (No. 1) Egypt (No. 2) Saudi Arabia (No. 3)
    Donkey Sex: Pakistan (No. 1) Iran (No. 3) Saudi Arabia (No. 4)
    Dog Sex: Pakistan (No. 1) Saudi Arabia (No. 3)
    Cat Sex: Pakistan (No. 1) Iran (No. 2) Egypt (No. 3) Saudi Arabia (No. 4)
    Horse Sex: Pakistan (No. 1) Turkey (No. 3)
    Cow Sex: Pakistan (No. 1) Iran (No. 2) Saudi Arabia (No. 4)
    Goat Sex: Pakistan (No. 1)
    Animal Sex: Pakistan (No. 1) Morocco (No. 2) Iran (No. 4) Egypt (No. 5)
    Snake Sex: Pakistan (No. 1) Malaysia (No. 3) Indonesia (No. 4) Egypt (No. 5)
    Monkey Sex: Pakistan (No. 1) Indonesia (No. 3) Malaysia (No. 4)
    Bear Sex: Pakistan (No. 1) Saudi Arabia (No. 2)
    Elephant Sex: Pakistan (No. 1) Egypt (No. 3) United Arab Emirates (No. 4) Malaysia (No. 5)
    Fox Sex: Saudi Arabia (No. 1) Turkey (No. 4)

    MIDDLE EAST

    Bestiality is common among boys of tribal Arab cultures.
    Miner and DeVos (1960) comment that amongst Arab tribal cultures, “Bestiality with goats, sheep, or camels provides another outlet. These practices are not approved but they are recognized as common among boys.” Havelock-Ellis [note 52] states “The Arabs, according to Kocher, chiefly practice bestiality with goats, sheep and mares. The Annamites, according to Mondiere, commonly employ sows and (more especially the young women) dogs.”
    Historical And Cultural Perspectives On Zoophilia
    Serving History
    There is also a certain saying which remains popular among the Arabs:
    The Arabs have never taken quite so condemnatory an attitude towards the practice, and indeed a popular Arab saying had it that

    “The pilgrimage to Mecca is not complete without copulating with the camel.”[9]

    SUDAN

    In February 2006, a man caught having sex with a neighbor’s goat was not punished, but ordered by the council of elders to pay the neighbor a dowry of 15,000 Sudanese dinars ($50) and marry the animal because he “used it as his wife”.
    A Sudanese man has been forced to take a goat as his “wife”, after he was caught having sex with the animal.
    The goat’s owner, Mr Alifi, said he surprised the man with his goat and took him to a council of elders.
    They ordered the man, Mr Tombe, to pay a dowry of 15,000 Sudanese dinars ($50) to Mr Alifi.
    “We have given him the goat, and as far as we know they are still together,” Mr Alifi said.
    Sudan man forced to ‘marry’ goat
    BBC News, February 24,2006

    MOROCCO
    Morocco is an Islamic country, with 98.7% of the population Muslims.[10] The following is taken from a paper on sexuality in Morocco written by Nadia Kadiri, M.D., and Abderrazak Moussaïd, M.D., with Abdelkrim Tirraf, M.D., and Abdallah Jadid, M.D. Translated by Raymond J. Noonan, Ph.D., and Sandra Almeida.[11]
    In the rural world, zoophilia is still very widespread and not blameworthy. With masturbation, it constitutes an obligatory passage in the adolescent male’s apprenticeship of sexuality.
    The operative phrase is ‘obligatory passage in the adolescent male’s apprenticeship of sexuality’. Obligatory. It means in rural Morocco, Muslim males must have sexual intercourse with animals as part of their sexual apprenticeship.
    Also according to the scholars Allen Edwardes and Robert Masters, Ph.D, FAACS, the Muslims of Morocco believe that sexual intercourse with donkeys “make the penis grow big and strong” and masturbation is often scorned by them in favor of bestiality.[12]

    SLAMIC SCRIPTURE

    The above paper also says “it is prohibited without question by the Shariâ”. But is this alleged prohibition within the Shari’ah extracted (as it must be) from the Qur’an and Hadith, or has this fiqh been derived using external non-Islamic sources?

    QURAN

    In contrast with what secular and non-Islamic religious sources say about bestiality, this is what the Qur’an has to say on the subject:
    That’s right – absolutely, positively nothing. Unlike the Qur’an’s clear-cut rulings on the morality of homosexuality, Polygamy, rape, and pedophilia, the permissibility of bestiality seems to have been left open to ‘interpretation.’
    If Islamic teachings were truly opposed to such a practice, then this omission is somewhat surprising when you consider that, historically, bestiality was indigenously accepted in the Middle-East.[13]

    HADITH

    There is no prohibition against bestiality to be found within the two Sahihs. The following hadith is taken from the Sunnah Abu-Dawud collection, not Bukari or Muslim.
    Narrated Abdullah ibn Abbas: The Prophet (peace be upon him) said: If anyone has sexual intercourse with an animal, kill him and kill it along with him. I (Ikrimah) said: I asked him (Ibn Abbas): What offence can be attributed to the animal/ He replied: I think he (the Prophet) disapproved of its flesh being eaten when such a thing had been done to it.
    Abu Dawud 38:4449
    Sounds too good to be true, doesn’t it? And it is. Just look at the very next hadith.
    Narrated Abdullah ibn Abbas: There is no prescribed punishment for one who has sexual intercourse with an animal.
    Abu Dawud 38:4450
    This is a very clear contradiction. How can one hadith say kill the person committing bestiality, and the very next one say there is no prescribed punishment for the same person? Both statements cannot be true.
    What’s worse; these two contradictory hadiths (transmitted through different isnad) have been attributed to the same person. Abu Dawud himself had said the former of the two hadith is “not strong” and the latter further “weakens” it.[14]
    From the above, we can gather that Robert Masters had correctly stated, “bestiality was not specifically prohibited by the Prophet,”[9] so there is little wonder that Islamists generally shy away from mentioning Abu Dawud 38:4449 in their pronouncements on bestiality.

    SAHIH (AUTHENTIC) HADITH

    As we have previously mentioned, there is no prohibition against bestiality to be found within the two Sahihs (Authentic). However there does exist a certain hadith and commentary by the renowned Islamic scholar al-Nawawi, which is of interest.
    The following narration does not exist in the English translations of Sahih Muslim, but a similar (but sanitized version) appears in: Sahih Muslim 3:684
    و حدثني ‏ ‏زهير بن حرب ‏ ‏وأبو غسان المسمعي ‏ ‏ح ‏ ‏و حدثناه ‏ ‏محمد بن المثنى ‏ ‏وابن بشار ‏ ‏قالوا حدثنا ‏ ‏معاذ بن هشام ‏ ‏قال حدثني ‏ ‏أبي ‏ ‏عن ‏ ‏قتادة ‏ ‏ومطر ‏ ‏عن ‏ ‏الحسن ‏ ‏عن ‏ ‏أبي رافع ‏ ‏عن ‏ ‏أبي هريرة ‏ ‏أن نبي الله ‏ ‏صلى الله عليه وسلم ‏ ‏قال ‏ ‏إذا جلس بين ‏ ‏شعبها ‏ ‏الأربع ثم جهدها فقد وجب عليه الغسل ‏
    ‏وفي حديث ‏ ‏مطر ‏ ‏وإن لم ينزل ‏ ‏قال ‏ ‏زهير ‏ ‏من بينهم بين ‏ ‏أشعبها ‏ ‏الأربع ‏ ‏حدثنا ‏ ‏محمد بن عمرو بن عباد بن جبلة ‏ ‏حدثنا ‏ ‏محمد بن أبي عدي ‏ ‏ح ‏ ‏و حدثنا ‏ ‏محمد بن المثنى ‏ ‏حدثني ‏ ‏وهب بن جرير ‏ ‏كلاهما ‏ ‏عن ‏ ‏شعبة ‏ ‏عن ‏ ‏قتادة ‏ ‏بهذا الإسناد ‏ ‏مثله غير أن في حديث ‏ ‏شعبة ‏ ‏ثم اجتهد ولم يقل وإن لم ينزل ‏
    Narrated by Zuhair Ibn Harb, narrated by Ghasan Al-Masma’i, narrated by Muhammad Ibn Al-Mathny, narrated by Ibn Bashar, who said that it was narrated by Muath Ibn Hisham, narrated by Abu Qatada, narrated by Mattar, narrated by Al-Hassan, narrated by Abu Rab’i, narrated by Abu Huraira who said:
    “The prophet — peace be upon him — said, ‘If one sits between a woman’s four parts (shu’biha Al-arba’) and then fatigues her, then it necessitates that he wash.’
    In the hadith of Mattar it is added ‘even if he does not ejaculate (yunzil).’ Zuhair narrated among them using the phrase ‘Ashba’iha Al-arba’. It was also narrated by Muhammad Ibn Umar Ibn Ibad Ibn Jablah, narrated Muhammad Ibn Abi Uday, narrated by Muhammad Ibn Al-Mathny, narrated by Wahb Ibn Jarir who both related from Shu’bah who narrated from Qatada who gave this same chain of transmission, except that in the hadith of Shu’bah it has the phrase ‘then he labored’ but did not have the phrase ‘even if he does not ejaculate.’
    Sahih Muslim – Book of Menstruation – hadith #525

    IMAM AL-NAWAWI (1234 — 1278 AD)

    Below is a short bio of al-Nawawi, whose commentary of Sahih Muslim is second only to Ibn Hajar’s commentary of Sahih Bukhari.[15]
    Imam Yahya ibn Sharaf al-Nawawi was born in the village of Nawa in Southern Syria, Nawawi spent most of his life in Damascus where he lived in a simple manner, devoted to Allah, engaging single-mindedly in worship, study, writing and teaching various Islamic sciences. The life of this world seems scarcely to have impinged upon him. He was a versatile and extremely dedicated scholar whose breadth of learning was matched by its depth.
    Imam Nawawi died at the young age of 44 years, leaving behind him numerous works of great importance, the most famous of these being:
    • al-Arba’un Nabawi (An-Nawawis Forty Hadith)
    • Riyadhus saleheen
    • al-Maqasid (Al-Nawawi’s Manual of Islam).
    • Kitab al-Adhkar,
    • Minhaj al-Talibin (a main reference for Shafi’i fiqh)
    • Shar’ Sahih Muslim (he was the first to arrange the sahih of Muslim in the now familiar categories)
    Although best known for his works in hadith, Yahya ibn Sharaf al-Nawawi (d. 676/1277) was also the Imam of the later Shafi’i school of Jurisprudence, and widely acknowledged as the intellectual heir to Imam Shafi’i. He was a renowned scholar and jurist who dedicated his life to the pursuit of Islamic learning.
    About Imam al-Nawawi

    COMMENTARY
    صحيح مسلم بشرح النووي ‏ ‏قَوْله : ( أَبُو غَسَّان الْمِسْمَعِيّ ) ‏ ‏هُوَ بِفَتْحِ الْغَيْن الْمُعْجَمَة وَتَشْدِيد السِّين الْمُهْمَلَة , وَيَجُوز صَرْفه وَتَرْكُ صَرْفه . وَالْمِسْمَعِيّ بِكَسْرِ الْمِيم الْأُولَى وَفَتْح الثَّانِي , وَاسْمه مَالِك بْن عَبْد الْوَاحِد , وَقَدْ تَقَدَّمَ بَيَانه مَرَّات , لَكِنِّي أُنَبِّه عَلَيْهِ وَعَلَى مِثْله لِطُولِ الْعَهْد بِهِ , كَمَا شَرَطْتهُ فِي الْخُطْبَة . ‏
    ‏قَوْله : ( أَبُو رَافِع عَنْ أَبِي هُرَيْرَة ) ‏ ‏اِسْم أَبِي رَافِع : ( نُفَيْع ) وَقَدْ تَقَدَّمَ أَيْضًا . ‏ ‏قَوْله صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ : ( إِذَا قَعَدَ بَيْن شُعَبهَا الْأَرْبَع ثُمَّ جَهَدهَا ) ‏ ‏وَفِي رِوَايَة ( أَشْعُبهَا ) اِخْتَلَفَ الْعُلَمَاء فِي الْمُرَاد بِالشُّعَبِ الْأَرْبَع , فَقِيلَ : هِيَ الْيَدَانِ وَالرِّجْلَانِ , وَقِيلَ : الرِّجْلَانِ وَالْفَخِذَانِ , وَقِيلَ : الرِّجْلَانِ وَالشَّفْرَانِ , وَاخْتَارَ الْقَاضِي عِيَاض أَنَّ الْمُرَاد شُعَب الْفَرْج الْأَرْبَع , وَالشُّعَب النَّوَاحِي وَاحِدَتهَا شُعْبَة , وَأَمَّا مَنْ قَالَ : ( أَشْعُبِهَا ) , فَهُوَ جَمْع شُعَب . وَمَعْنَى ( جَهَدَهَا ) حَفَرَهَا كَذَا قَالَهُ الْخَطَّابِيُّ وَقَالَ غَيْره : بَلَغَ مَشَقَّتهَا , يُقَال : جَهِدْته وَأَجْهَدْته بَلَغْت مَشَقَّته , قَالَ الْقَاضِي عِيَاض رَحِمَهُ اللَّه تَعَالَى : الْأَوْلَى أَنْ يَكُون جَهَدَهَا بِمَعْنَى بَلَغَ جَهْده فِي الْعَمَل فِيهَا , وَالْجَهْد الطَّاقَة , وَهُوَ إِشَارَة إِلَى الْحَرَكَة وَتَمَكُّن صُورَة الْعَمَل , وَهُوَ نَحْو قَوْله مِنْ حَفَرَهَا أَيْ كَدّهَا بِحَرَكَتِهِ . وَإِلَّا فَأَيّ مَشَقَّة بَلَغَ بِهَا فِي ذَلِكَ . وَاللَّهُ أَعْلَم . وَمَعْنَى الْحَدِيث أَنَّ إِيجَاب الْغُسْل لَا يَتَوَقَّف عَلَى نُزُول الْمَنِيّ بَلْ مَتَى غَابَتْ الْحَشَفَة فِي الْفَرْج وَجَبَ الْغُسْل عَلَى الرَّجُل وَالْمَرْأَة , وَهَذَا لَا خِلَاف فِيهِ الْيَوْم , وَقَدْ كَانَ فِيهِ خِلَاف لِبَعْضِ الصَّحَابَة وَمَنْ بَعْدهمْ , ثُمَّ اِنْعَقَدَ الْإِجْمَاع عَلَى مَا ذَكَرْنَاهُ , وَقَدْ تَقَدَّمَ بَيَان هَذَا . قَالَ أَصْحَابنَا : وَلَوْ غَيَّبَ الْحَشَفَة فِي دُبُر اِمْرَأَة , أَوْ دُبُر رَجُل , أَوْ فَرْج بَهِيمَة , أَوْ دُبُرهَا , وَجَبَ الْغُسْل سَوَاء كَانَ الْمَوْلَج فِيهِ حَيًّا أَوْ مَيِّتًا , صَغِيرًا أَوْ كَبِيرًا , وَسَوَاء كَانَ ذَلِكَ عَنْ قَصْد أَمْ عَنْ نِسْيَان , وَسَوَاء كَانَ مُخْتَارًا أَوْ مُكْرَهًا , أَوْ اسْتَدْخَلَت الْمَرْأَة ذَكَرَهُ وَهُوَ نَائِم , وَسَوَاء اِنْتَشَرَ الذَّكَر أَمْ لَا , وَسَوَاء كَانَ مَخْتُونًا أَمْ أَغْلَف , فَيَجِب الْغُسْل فِي كُلّ هَذِهِ الصُّوَر عَلَى الْفَاعِل وَالْمَفْعُول بِهِ إِلَّا إِذَا كَانَ الْفَاعِل أَوْ الْمَفْعُول بِهِ صَبِيًّا أَوْ صَبِيَّة فَإِنَّهُ لَا يُقَال وَجَبَ عَلَيْهِ لِأَنَّهُ لَيْسَ مُكَلَّفًا , وَلَكِنْ يُقَال صَارَ جُنُبًا فَإِنْ كَانَ مُمَيِّزًا وَجَبَ عَلَى الْوَلِيّ أَنْ يَأْمُرهُ بِالْغُسْلِ كَمَا يَأْمُرهُ بِالْوُضُوءِ , فَإِنْ صَلَّى مِنْ غَيْر غُسْلٍ لَمْ تَصِحّ صَلَاته , وَإِنْ لَمْ يَغْتَسِل حَتَّى بَلَغَ وَجَبَ عَلَيْهِ الْغُسْل , وَإِنْ اِغْتَسَلَ فِي الصِّبَى ثُمَّ بَلَغَ لَمْ يَلْزَمهُ إِعَادَة الْغُسْل . قَالَ أَصْحَابنَا : وَالِاعْتِبَار فِي الْجِمَاع بِتَغْيِيبِ الْحَشَفَة مِنْ صَحِيح الذَّكَر بِالِاتِّفَاقِ , فَإِذَا غَيَّبَهَا بِكَمَالِهَا تَعَلَّقَتْ بِهِ جَمِيع الْأَحْكَام , وَلَا يُشْتَرَط تَغْيِيب جَمِيع الذَّكَر بِالِاتِّفَاقِ . وَلَوْ غَيَّبَ بَعْض الْحَشَفَة لَا يَتَعَلَّق بِهِ شَيْء مِنْ الْأَحْكَام بِالِاتِّفَاقِ إِلَّا وَجْهًا شَاذًّا ذَكَرَهُ بَعْض أَصْحَابنَا أَنَّ حُكْمه حُكْم جَمِيعهَا , وَهَذَا الْوَجْه غَلَط مُنْكَر مَتْرُوك , وَأَمَّا إِذَا كَانَ الذَّكَر مَقْطُوعًا فَإِنْ بَقِيَ مِنْهُ دُون الْحَشَفَة لَمْ يَتَعَلَّق بِهِ شَيْء مِنْ الْأَحْكَام , وَإِنْ كَانَ الْبَاقِي قَدْر الْحَشَفَة فَحَسْب تَعَلَّقَتْ الْأَحْكَام بِتَغْيِيبِهِ بِكَمَالِهِ , وَإِنْ كَانَ زَائِدًا عَلَى قَدْر الْحَشَفَة فَفِيهِ وَجْهَانِ مَشْهُورَانِ لِأَصْحَابِنَا أَصَحّهمَا أَنَّ الْأَحْكَام تَتَعَلَّق بِقَدْرِ الْحَشَفَة مِنْهُ , وَالثَّانِي لَا يَتَعَلَّق شَيْء مِنْ الْأَحْكَام إِلَّا بِتَغْيِيبِ جَمِيع الْبَاقِي . وَاللَّهُ أَعْلَم . ‏ ‏وَلَوْ لَفَّ عَلَى ذَكَرِهِ خِرْقَة وَأَوْلَجَهُ فِي فَرْج اِمْرَأَة فَفِيهِ ثَلَاثَة أَوْجُه لِأَصْحَابِنَا مِنْهَا وَالْمَشْهُور أَنَّهُ يَجِب عَلَيْهِمَا الْغُسْل , وَالثَّانِي لَا يَجِب لِأَنَّهُ أَوْلَجَ فِي خِرْقَة , وَالثَّالِث إِنْ كَانَتْ الْخِرْقَة غَلِيظَة تَمْنَع وُصُول اللَّذَّة وَالرُّطُوبَة لَمْ يَجِب الْغُسْل . وَإِلَّا وَجَبَ . وَاللَّهُ أَعْلَم . ‏ ‏وَلَوْ اسْتَدْخَلَت الْمَرْأَة ذَكَرَ بَهِيمَة وَجَبَ عَلَيْهَا الْغُسْل , وَلَوْ اسْتَدْخَلَت ذَكَرًا مَقْطُوعًا فَوَجْهَانِ أَصَحّهمَا يَجِب عَلَيْهَا الْغُسْل
    Commentary of Imam Al-Nawawi on the Hadith
    The saying of the prophet — peace be upon him- ‘When he sits between her fours parts) mostly its a home animal (shu’biha Al-arba) and has intercourse with her then fatigues her’

    In another narration the word ‘Ashu’biha’ is used. The scholars have disagreed about the intended meaning of ‘shu’biha Al-arba’ (the fours) for some said that it means the arms and the legs, while others have said that it refers to the legs and thighs, and other said it means the legs and the edge of the pubic area. Al-Qadi Ayad chose the meaning of the four areas surrounding the vagina. The word (Shu’b) means areas, its singular form being (Shu’bah). As for those who say (Ashba’iha) that is the plural of the word (Shu’b).
    The word Aj-hada-ha (fatigue her) means to plow her, which was also stated by Al-Khatabi. Others have said it means to make her reach exhaustion as in the phrase ‘she made him toil and labor till he was exhausted’. Al-Qadi Ayad — may Allah rest his soul- said ‘Primarily, the word (Jahada’ha) means that the man exerted his effort working in a woman, where the word (Juh’d) means energy and refers to motion by describing the type of work. This is similar to his (the prophet) saying ‘he who plowed her’ meaning he who penetrated her by his motion. Otherwise, what other fatigue could a man experience because of her, and Allah knows best.

    The meaning of the hadith is that the necessity to wash is not limited to when semen is ejaculated, rather it is when the penile head (Hash-fa, lit. “the head of the male member,” i.e. head of the penis) penetrates the vagina, then it is necessary for the man and the woman to wash. There is no disagreement on this today, even though there was disagreement on this by some of the early companions and others later. However, an agreement was later reached and this is what we have shown and presented previously.
    Our companions have said that if the penile head has penetrated a woman’s anus, or a man’s anus, or an animal’s vagina or its anus then it is necessary to wash whether the one being penetrated is alive or dead, young or old, whether it was done intentionally or absentmindedly, whether it was done willfully or forcefully.

    This also applies if the woman places the male member inside her while the man is asleep, whether the penis is erect or not, whether the penis is circumcised or uncircumcised. All these situations require that the person committing the act and the one the act is committed on must wash themselves, unless the person committing the act or the person the act is committed on is a young male or female. In that case it cannot be said that the person must wash, for they do not have the responsibility, rather it is said that this person is in a state of impurity. If that person can discern (the sexual act) then his guardian can command him to wash just as he commands him to perform the ablution washing for prayers. For if he prays without washing, his prayer has not been performed correctly; likewise if he doesn’t wash after he reaches puberty he must be forced to wash. If he washed as a youth and then reaches puberty, then he does not have to repeat the washing.

    Our companions have said that intercourse occurs when a healthy male’s penile head completely penetrates (an orifice), as has been unanimously agreed. Thus, when the penile head has completely disappeared (inside the orifice), then all the regulations concerning washing apply. It is unanimously agreed that it is not necessary that the entire penile shaft penetrate to apply the regulations of washing. If part of the penile head penetrates, then the regulations of washing are not imposed as is agreed, except by an odd few of our companions who said that even in this case all the regulations of washing apply. However, this opinion is wrong, rejected and abandoned. If the male member was severed and what remained was less than the length of the penile head, then none of the washing regulations apply. If the part remaining was equal in length to the penile head length then that part must completely penetrate for the regulation of washing to apply. If the part remaining was greater in length to the penile head length then there are two famous opinions for our companions. The most correct is that if the portion that penetrates is equal to the length of the penile head, then the regulations for washing apply. The other opinion is that none of the regulations for washing apply until the entire remaining length of the penile shaft completely penetrates and Allah knows best.
    If a man wraps a sheath around his male member and then ejaculates inside a woman’s vagina, then there are three opinions from our companions. The most famous is that the man must wash. The second is that he does not have to wash because he ejaculated inside the sheath. The third is that if the sheath is thick and prevents climax and wetness (in the vagina) then washing is not necessary, otherwise it is necessary and Allah knows best.
    If a woman inserts (in her vagina) an animal’s penis she must wash, and if she inserts a detached penis (thakaran maktu-an, lit. “a severed male member”) there are two opinions; the most correct is that she must wash.

    Sahih Muslim – Book of Menstruation – hadith #525 – Commentary

    ISLAMIC SCHOLARS

    Some Sunni Islamic scholars have ruled that bestiality does not invalidate the hajj or ones fast.
    ولو وطئ بهيمة لا يفسد حجه

    “If he had sexual intercourse with an animal, that will not make his hajj void”
    Abu Bakar al-Kashani (d. 587 H), Badaye al-Sanae, Vol. 2, p. 216
    “Sex with animals, dead people and masturbation, does not invalidate one’s fast provided ejaculation does not occur”
    Allamah Hassan bin Mansoor Qadhi Khan, Fatawa Qadhi Khan, Page 820
    Others have said it is halal.
    لقد كانت نكاح الحيوانات قبل البعثه منتشره وتروى كثير من الروايات انها حلال لكنها مكروه والاحوط وجوبا ترك هذه العاده التي تسبب الأذى النفسي ويجب عليك الاعتراف لصاحب الاغنام ودفع قيمتها لمالكها

    Sex with animals before the mission (Islam) was wide spread and many narrations are narrated that it is halal but makrooh (disliked). And on the compulsory precaution one should abandon this practice that may cause self harm. And you must admit this to the owner of the sheep and pay the owner.
    Sex with animals Fatwa
    al-Uzma Seyyid Ali al-Sistani

    CONCLUSION

    From all of the above, we can certainly see that, unlike the West, Islamic societies do not universally harbor negative attitudes towards bestiality. Many Muslims seek out gratification or are indifferent to this perversion, and in some cases it is even openly promoted and made obligatory.
    This is all in stark contrast with their attitudes towards homosexuality and their allowance of pedophilia. Therefore to claim that the West without the guidance of Islam has allowed bestiality is not only false, but hypocritical when you consider that this perversion, alongside pedophilia, is left largely unhindered by the Islamic clerisy in their societies and runs rampant among followers of Islam.
    Aside from their own embarrassment, we can also see that there is little basis for any Shari’ah prohibition of bestiality/zoophilia as the Qur’an and the Sahih Hadiths (Bukhari and Muslim) do not prohibit this unnatural practice, furthermore the references we have examined outside of the two Sahihs are considered weak.

    References

    1. ↑ Kelli Morgan – No. 1 Nation in Sexy Web Searches? Call it Pornistan – Fox News, July 13, 2010
    2. ↑ Online Etymology Dictionary, © 2010 Douglas Harper
    3. ↑ 3.0 3.1 3.2 3.3 Bestiality – Dictionary.com
    4. ↑ Collins English Dictionary – Complete & Unabridged 10th Edition 2009
    5. ↑ Merriam-Webster’s Medical Dictionary, © 2007 Merriam-Webster, Inc.
    6. ↑ Merriam-Webster’s Dictionary of Law, © 1996 Merriam-Webster, Inc.
    7. ↑ Rebecca F. Wisch – Overview of State Bestiality Laws – Animal Legal & Historical Center, 2008 (updated 2010)
    8. ↑ Watcher – Pakistan: Muslims Are Sex-Starved Surfers, With Bestial Interests – Eye On The World, May 18, 2006
    9. ↑ 9.0 9.1 Robert E.L. Masters – Forbidden Sexual Behavior and Morality – The Julian Press, 1st edition 1966,
    10. ↑ Africa :: Morocco – The online Factbook
    11. ↑ Read the full text here.
    12. ↑ Allen Edwardes and R.E.L. Masters – Cradle of Erotica (pp. 223-224) – Bantam Paperback; New Ed edition (1977), ISBN 0553103016
    13. ↑ Judith Worell – Encyclopedia of women and gender: Volume 1 (p. 298) – Academic Press; 1 edition, September 27, 2001, ISBN 9780122272455
    14. ↑ Dr. Ahmad Shafaat – Ahadith About Rajm – Islamic Perspectives, March 6, 2005
    15. ↑ ON TASAWWUF Imam Nawawi (d. 676) – Sunnah.org

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s