Tuesday, 2 October 2007

The Star: Motorcyclists warned of road ban

IPOH: The Works Ministry is considering banning motorcyclists from expressways if they continue to be a nuisance on the road.

Minister Datuk Seri S. Samy Vellu issued the warning yesterday after witnessing superbikes travelling on the North-South Expressway at 170kph.

“The expressway is not a place for motorcycle races. They must abide by the law,” he told reporters after visiting the new Sungai Perak bridge on the Ipoh-Lumut highway in Bota, some 50km from here.

Samy Vellu added that he wanted to meet representatives of motorcycle clubs and associations on the matter.

“I will talk to them first. However, if the problem persists, the ministry will ban all motorcyclists from using expressways,” he said.

The current regulations, he said, did not stop them from using the expressways.

Samy Vellu also warned motorists to be aware of the 16 police observation towers on federal roads across the country.

The 16 new observation towers, costing RM1mil, were completed in early June this year and handed over to the police on June 28.


What? After all the things that motorcyclists have done, he wants to ban them from the highways for speeding? What a jackass. That's far and wide not even in the top 10 list of the most dangerous things that motorcyclists do on the road.

E.g. that Harley-Davidson that decided that it would be a good idea to go the wrong way on the Kerinchi Link around a blind corner. He was so lucky that I wasn't going very fast (shut up. sometimes it's true) at the time.

The other thing is, what observation towers? Where are these observation towers?

Monday, 1 October 2007

Part 2: On the Dangerous topics of Islam, Tattoos, and others.

Modern Tattoo Methods

Answered by Shaykh Amjad Rasheed
Translated by Shaykh Hamza Karamali, SunniPath Academy Teacher

Q: I read from some answers on here that tattoos are not allowed due to the colour being mixed with blood and then something being left on the outer surface of the skin which is firstly impure and also prevents water from reaching the skin. Modern tattoo methods have changed. Pigment is now inserted underneath the skin so therefore, there is no blood on the skin and also nothing prevents water from reaching it. Therefore is it allowed?


A:

1) Modern Tattoos are not Necessarily Filth

[h: The tattooing process referred to by the scholars of Sacred Law is, “to prick the skin with a needle until blood exits, after which a powder-dye is sprinkled on it to leave a blue or green mark [h: on the skin].” (Hashiyat al-Shirwani `ala al-Tuhfa, 2.128). The mark that remains on the skin is thus a trace of the blood that was drawn out, and the prayers of a person with such a mark are not valid until the tattoo is removed because blood is filth and it is not valid to pray with traces of filth on one’s body.]

As for modern tattoo methods, if they do not involve the mixing of dye with blood after it exits onto the outer surface of the body, then the tattoo is not considered a trace of filth [h: and one’s prayers are thus valid with such a tattoo on one’s body].



2) Modern Tattoos Nevertheless Remain Unlawful

Scholars mention three legal reasons for the unlawfulness of tattooing: (1) the unnecessary infliction of pain caused by the needle that penetrates the skin, (2) the being affected by filth caused by the mixing of the dye with the blood that exits after the needle’s penetration, and (3) the altering of Allah’s creation without necessity. Each of these three reasons suffices to independently make tattooing unlawful, even if the other reasons are not present.

The great late Egyptian Shafi`i scholar, Ahmad al-Halwani al-Khaliji said by way of explaining the reason for the unlawfulness of tattooing,

“The legal reason [for the unlawfulness of tattooing] is … that tattooing comprises infliction of pain, filthification, and it and the matters that are mentioned alongside it [h: in the hadiths that prohibit tattooing] comprise altering of Allah’s magnificent creation. [h: This last legal reason is derived from the fact that when prohibiting tattooing, the Prophet (Allah bless him and give him peace) described the tattooing women as] “those who alter Allah’s creation,” which is a hint to the Quranic verse, “… and I will surely command them, and they will then surely alter the creation of Allah.”” (al-Wasm fi al-Washm, 25)

The great Shafi`i hadith scholar, Munawi, also mentioned in his book, Fayd al-Qadir, that the reason for the prohibition of tattooing is that it involves altering Allah’s creation.

If the first two legal causes for the prohibition of tattooing are no longer found in modern tattooing methods, then the last legal reason nevertheless remains. It therefore seems to this needy soul—after contemplating the words of the scholars of Sacred Law, and after consulting our teacher, Shaykh Muhammad al-Khatib (may Allah preserve him)—that tattooing is unconditionally unlawful regardless of the method that is employed because it involves altering Allah’s creation without necessity, even if it no longer comprises the infliction of pain or the filthification of the skin. This is clearly implied by the words of Shaykh al-Islam Zakariyya al-Ansari in his book, Sharh al-Rawd, and also by the words of the Prophet (Allah bless him and give him peace) in the hadith related by Bukhari and Muslim, “Allah curses women who tattoo themselves or have themselves tattooed, those who remove their facial hair, and those who part their teeth, [all] for the sake of beautification, altering Allah’s creation.”


Reference: http://qa.sunnipath.com/issue_view.asp?HD=3&ID=13513&CATE=365

Aww, so close and yet so far.

And yet, Islam encourages Muslims to take care of their appearance, and makes beautification (not excessively, though) sunnah. On the one hand, we could argue that it's a form of adornment of Allah's creation, and not a form of mutilation. But that's a very shaky argument.

The other issue that arises is the alteration of self for the sole reason of beautification. If I interpret this correctly, this probably means that braces are haram (unless not wearing them would cause you har), because it's not only just for beautification, but it's also painful.

Quite luckily, I already found the entry that said that plucking is (to an extent) alright.

I think this is going to be an ongoing topic.

Not Halal

So apparently, I've really taken this non-halal way of life to a whole new level. Apparently, because I work in a bank, and a bank's income with which they use to pay me is derived from interest, the income that I earn is not halal. Not only that, I "will go to the fire" because I preside over their activities.

Maybe I shouldn't have come back to Malaysia. This is a hell of a guilt trip.

Reference: Mufti Says

On the Dangerous topics of Islam, Tattoos, and others.

This is a topic that we've much discussed, and since

  1. I've forgotten all my research,
  2. I've lost all my research,
  3. The internet has proliferated since the conduct of my research, and
  4. My Google skillz are much better now

I've decided to begin research again. If this doesn't apply to you, you need not read this entry. And in the conduct of my research, I've found some very useful websites which actually facilitate constructive conversations on Islamic topics:

  1. http://maniacmuslim.com
  2. http://www.ummah.net
  3. http://www.sunnipath.net

Yes, Muslims have found the internet. Ph33r. And now we begin. Let's call this Part 1.

Part 1: Arguments Against Tattooing

The basic gist of it is as follows, and read this carefully:

The meaning of the verse [And obey the Prophet] (4:59, 5:92, etc.) is not that the Prophet saws is also a judge whose orders and prohibitions are law issuing from him rather than Allah Most High. Allah Most High declared the obligator ness of obeying the Prophet saws only in the sense that He made it obligatory for us to obey him in whatever he saws orders and makes obligatory for us to do.

It is Allah Most High Who makes it obligatory for us both to obey and to do, except that the order for some of the acts are formulated by the Prophet saws. Such formulation is only a proof or sign of Allah's own binding order. The meaning of [And obey the Prophet] is therefore "Know that whatever the Prophet saws commands or forbids you to do, it is I Who commands and forbids you to do" as explicated in the verse [And whatsoever the Messenger gives you, take it, and whatsoever he forbids, abstain from it] (59:7).

Without such order, the Prophet's saws command would not have been binding upon us. Illustrating this principle is the following narration from `Alqama:`Abd Allah ibn Mas`ud ra said: "Allah Most High curses women who tattoo others, women who have tattoo applied to them, women who have their eyebrows clipped, and women artificially tooth-gapped, all for cosmetic purposes, changing Allah's fashioning." News of this reached a woman of Banu Asad called Umm Ya`qub. She came to him saying: "O Abu `Abd al-Rahman! I heard that you cursed such-and-such." He replied: "Why should I not curse those whom Allah's Messenger saws cursed?"

She said: "Lo! I certainly read all that is between the two covers [of the volume of Qur'an], and I did not find this." He replied: "Had you read it you would have certainly found it. Did you not read [And whatsoever the Messenger gives you, take it, and whatsoever he forbids, abstain from it] (59:7)?" She said yes.

He said: "Allah's Messenger saws forbade it."Narrated by al-Bukhari and Muslim in their Sahihs, Abu Dawud and Ibn Majah in their Sunan, Ahmad and al-Darimi in their Musnads, al-Bayhaqi in al-Sunan al-Kubra (7:312) and Shu`ab al-Iman (6:170), Ibn Hibban in his Sahih (12:314), `Abd al-Razzaq in his Musannaf (3:145 #5103), al-Humaydi in his Musnad (1:53), and Ibn `Abd al-Barr in Jami` Bayan al-`Ilm (2:1181-1182 #2336-2337). Al-Dhahabi narrated it in al-Kaba'ir [the Enormities] and he said: "It is agreed upon [by Bukhari and Muslim]."Ibn Hajar al-`Asqalani said in Fath al-bari (10:378) in commentary of this hadith:Nawawi said: "An exception from the prohibition of plucking away facial hair is when a woman has a beard, mustache, or hair growing between her lower lip and chin, in which cases it is not unlawful for her to remove it, but rather is commendable (mustahabb)," the permissibility being on condition that her husband knows of it and gives his permission, though it is prohibited if he does not, because of the deception it entails. End of excerpt.

Mufti Lajpuri in his Fatawa Rahimiyya declared it required (wajib) for her to pluck such hair from her face.There is a kind of temporary metaphorical "tattoo" that is desirable for women: to dye the hands and feet with henna. Of course women also use it for the face and hair, and men for the beard. In some countries of the Borneo peninsula men also apply it on their hands and feet on the occasion of weddings, although it is actually forbidden in their [Shafi`i] madhhab. However, it would be wrong to call all this tattoo since that word lexically means an indelible marking of the skin.

A man came to the Prophet, Peace be upon him, with his hands dyed with saffron. This is a removable, temporary skin ornament, yet the Prophet saws did not even return his salam. All he said to him was: Go wash this away. He went and came back, and there was a little bit left. Again the Prophet saws did not address him except to tell him to wash it away more thoroughly. So this is a lesson for men that decorating/altering the skin in such manner is not allowed.Another factor which makes it prohibited is that tatooing is the fashion of unbelievers, and the Prophet saws said: "Whoever looks [i.e. wilfully] like a people is one of them." And Allah knows best.

There you have it.

On the other hand,

Women and Hair Removal
Answered by SunniPath Answer Service Team

Q: Is it permissible for women to remove facial hair, and hair from the arms and legs? I am in the beauty business and I do waxing for my clients. Please tell me if it is permissible in Islam.

A In the Name of Allah, Most Merciful & Compassionate

From a previous question answered by Shaykh Abdurrahman ibn Yusuf:

Taking the hadith and the various statements of the Hanafi jurists into consideration the following could be concluded:

  1. It would be permitted for a woman to remove a beard or a moustache that appears on her face. Even though it is facial hair, but since it is to stop women from resembling men, it is permitted. This is the opinion of the majority of scholars, in fact they have said it is recommended, not just permitted. The same will be to bleach this hair instead.
  2. If the eyebrows are linked in between, it would be permissible to remove the excess hair from in between to separate them [i.e. the hair above the nose]. The reason for this is that linked eyebrows are looked upon as a defect, hence it would be permissible to remove it.
  3. A 'few' stray hairs around the eyebrows would be permissible to remove by clipping them off, if it looks defective, or for married women creates abhorrence in their husband. This does not mean it is permitted to remove a whole line or two of fine hair from around the eyebrows [as is the case nowadays].
  4. Dense bushy eyebrows may be trimmed down to a more normal size. However, one must exercise great caution in this regard, since one does not want it to fall under the warning of the hadith. If one is not sure how to determine the normal size they should not act on the benefit of the doubt, but rather follow the more cautionary approach and trim less. What so called 'regular' [especially non-Muslim] people consider nowadays as the norm i.e. eyebrows that are shaped in particular unnatural or reduced to thin lines can not be considered as acceptable in Islamic law due to the severity of the hadith.
  5. Great caution has to be exercised in this regard, since the hadith is very strict and there are some Hanafi scholars who have taken more strict position. For instance, Mullah Ali al-Qari (Allah be pleased with him) comments [relating from Imam Nawawi] that plucking of the facial hair is haram (unlawful) for a woman with the exception of moustache or beard hairs (Mirqat al-Mafatih 8:218). The concessions mentioned above are for the removal of a defective appearance and not for purely beautification purpose, hence, caution in this matters is the way.


Wassalam,
SunniPath Fiqh Team

On the one hand, tattoos are forbidden because they are said to be blemishes on the perfection of Allah SWT's creation. On the other, some concessions are made to fix the defects of the perfection of Allah SWT's creation. I think the questions here to be raised are:

  • What determines what is a defect worth being fixed and what isn't?
  • Who are you to say that Allah SWT did not intend for women to look this way?

The good news is that there are contradicting opinions. I'm yet to find solid references to put up. Never fear. I got time. To be continued...

Blue Monday

On the one hand:
It's Monday.
I'm ridiculously sleepy.
I can't drink coffee. >_<

On the bright side:
There's only one more Monday to go before puasa is over.
There's only 12 days to go (incl. today) before puasa is over.
There's only 1 weekend to go before puasa is over.
My social calendar is pretty full until next week.
I get to start drinking again in 12 days and a few hours.