Senin, 22 September 2008

Early reforms under Islam

From Wikipedia, the free encyclopedia

Many reforms took place under Islam between 610 and 661, including the period of Muhammad's mission and the rule of his four immediate successors who established the Rashidun Caliphate.

According to William Montgomery Watt, for Muhammad, religion was not a private and individual matter but rather “the total response of his personality to the total situation in which he found himself. He was responding [not only]... to the religious and intellectual aspects of the situation but also the economic, social, and political pressures to which contemporary Mecca was subject."[1]

Bernard Lewis says that there are two important political traditions in Islam - one that views Muhammad as a statesman in Medina, and another that views him as a rebel in Mecca. He sees Islam itself as a type of revolution that greatly changed the societies into which the new religion was brought.[2]

Historians generally agree that Islamic social reforms in areas such as social security, family structure, slavery and the rights of women and ethnic minorities improved on what was present in existing Arab society.[2][3][4][5][6][7] For example, according to Lewis, Islam "from the first denounced aristocratic privilege, rejected hierarchy, and adopted a formula of the career open to the talents."[2]

Advent of Islam

Bernard Lewis believes that the advent of Islam was a revolution which only partially succeeded due to tensions between the new religion and very old societies that the Muslims conquered. He thinks that one such area of tension was a consequence of what he sees as the egalitarian nature of Islamic doctrine. Islam from the first denounced aristocratic privilege, rejected hierarchy, and adopted a formula of the career open to the talents. Lewis however notes that the equality in Islam was restricted to free adult male Muslims, but even that "represented a very considerable advance on the practice of both the Greco-Roman and the ancient Iranian world."[8]

Bernard Lewis writes about the significance of Muhammad's achievements:[9]

He had achieved a great deal. To the pagan peoples of western Arabia he had brought a new religion which, with its monotheism and its ethical doctrines, stood on an incomparably higher level than the paganism it replaced. He had provided that religion with a revelation which was to become in the centuries to follow the guide to thought and count of countless millions of Believers. But he had done more than that; he had established a community and a well organized and armed state, the power and prestige of which made it a dominant factor in Arabia.

Constitution of Medina

The Constitution of Medina, also known as the Charter of Medina, was drafted by the Prophet Muhammad in 622. It constituted a formal agreement between the Prophet Muhammad and all of the significant tribes and families of Yathrib (later known as Medina), including Muslims, Jews, and pagans.[10][11] The document was drawn up with the explicit concern of bringing to an end the bitter inter tribal fighting between the clans of the Aws (Aus) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within the fold of one community-the Ummah. [12]

The precise dating of the Constitution of Medina remains debated but generally scholars agree it was written shortly after the hijra (622).[13] It effectively established the first Islamic state. The Constitution established: the security of the community, religious freedoms, the role of Medina as a haram or sacred place (barring all violence and weapons), the security of women, stable tribal relations within Medina, a tax system for supporting the community in time of conflict, parameters for exogenous political alliances, a system for granting protection of individuals, a judicial system for resolving disputes, and also regulated the paying of blood-wite (the payment between families or tribes for the slaying of an individual in lieu of lex talionis).

Social reforms

Muhammad preached against what he saw as the social evils of his day, Encyclopedia of world history states.[14]

Practices

John sposito sees Muhammad as a reformer who condemned practices of the pagan Arabs such as female infanticide, exploitation of the poor, usury, murder, false contracts, fornication, adultery, and theft.[15] He states that Muhammad's "insistence that each person was personally accountable not to tribal customary law but to an overriding divine law shook the very foundations of Arabian society... Muhammad proclaimed a sweeping program of religious and social reform that affected religious belief and practices, business contracts and practices, male-female and family relations".[16] Esposito holds that the Qur'an's reforms consist of "regulations or moral guidance that limit or redefine rather than prohibit or replace existing practices." He cites slavery and women's status as two examples.

According to some scholars, Muhammad's condemnation of infanticide was the key aspect of his attempts to raise the status of women.[7] Regarding the prevalence of this practice, we know it was "common enough among the pre-Islamic Arabs to be assigned a specific term, waʾd"[17] A much cited verse the Qurʾān that addresses this practice is: “When the sun shall be darkened, when the stars shall be thrown down, when the mountains shall be set moving, when the pregnant camels shall be neglected, when the savage beasts shall be mustered, when the seas shall be set boiling, when the souls shall be coupled, when the buried infant shall be asked for what sin she was slain, when the scrolls shall be unrolled..."[Qur'an 81:1][7]

Social security

William Montgomery Watt states that Muhammad was both a social and moral reformer. He asserts that Muhammad created a "new system of social security and a new family structure, both of which were a vast improvement on what went before. By taking what was best in the morality of the nomad and adapting it for settled communities, he established a religious and social framework for the life of many races of men."[18]

In pre-Islamic Arabia, upon capture, those captives not executed, were made to beg for their subsistence. During his life, Muhammad changed this custom and made it the responsibility of the Islamic government to provide food and clothing, on a reasonable basis, to captives, regardless of their religion. If the prisoners were in the custody of a person, then the responsibility was on the individual.[19]

Slavery

The Qur'an makes numerous references to slavery ([Qur'an 2:178], [Qur'an 16:75], [Qur'an 30:28]), regulating but thereby also implicitly accepting this already existing institution. Lewis states that Islam brought two major changes to ancient slavery which were to have far-reaching consequences. "One of these was the presumption of freedom; the other, the ban on the enslavement of free persons except in strictly defined circumstances," Lewis continues. The position of the Arabian slave was "enormously improved": the Arabian slave "was now no longer merely a chattel but was also a human being with a certain religious and hence a social status and with certain quasi-legal rights."[20]

Lewis states that in Muslim lands slaves had a certain legal status and had obligations as well as rights to the slave owner, an improvement over slavery in the ancient world.[20][21] Due to these reforms the practice of slavery in the Islamic empire represented a "vast improvement on that inherited from antiquity, from Rome, and from Byzantium."[20]

Although there are many common features between the institution of slavery in the Qurʾān and that of neighboring cultures, however the Qur'anic institution had some unique new features.[22] According to Jonathan Brockopp, professor of History and Religious Studies, the idea of using alms for the manumission of slaves appears to be unique to the Qurʾān(assuming the traditional interpretation of verses [Qur'an 2:177] and [Qur'an 9:60]). Similarly, the practice of freeing slaves in atonement for certain sins appears to be introduced by the Qur'an (but compare Exod 21:26-7).[22] Brockopp adds that: "Other cultures limit a master's right to harm a slave but few exhort masters to treat their slaves kindly, and the placement of slaves in the same category as other weak members of society who deserve protection is unknown outside the Qurʾān. The unique contribution of the Qurʾān, then, is to be found in its emphasis on the place of slaves in society and society's responsibility toward the slave, perhaps the most progressive legislation on slavery in its time."[22]

Muhammad highly recommended the freeing of slaves as a charitable act.[23] The freeing of slaves was recommended both for the expiation of sins[24] and as an act of simple benevolence.[25] It exhorted masters to either free their slaves or allow slaves to earn or purchase their own freedom through manumission contracts.[26]

Women's rights

To evaluate the effect of Islam on the status of women, many writers have discussed the status of women in pre-Islamic Arabia, and their findings have been mixed.[27] Some writers have argued that women before Islam were more liberated drawing most often on the first marriage of Muhammad and that of Muhammad's parents, but also on other points such as worship of female idols at Mecca.[27] Other writers, on the contrary, have argued that women's status in pre-Islamic Arabia was poor, citing practices of female infanticide, unlimited polygyny, patrilineal marriage and others.[27] Valentine M. Moghadam analyzes the situation of women from a Marxist theoretical framework and argues that the position of women are mostly influenced by the extent of urbanization, industrialization, poletarization and political ploys of the state managers rather than culture or intrinsic properties of Islam; Islam, Moghadam argues, is neither more nor less patriarchal than other world religions especially Hinduism, Christianity and Judaism. [28][29]

Majid Khadduri writes that under the Arabian pre-Islamic law of status, women had virtually no rights. Islamic law, however, provided women with a number of rights.[30] John Esposito states that the reforms affected marriage, divorce, and inheritance.[31] Women were not accorded with such legal status in other cultures, including the West, until centuries later.[32] The Oxford Dictionary of Islam states that the general improvement of the status of Arab women included prohibition of female infanticide, and recognizing women's full personhood.[33] Gerhard Endress states: "The social system ... build up a new system of marriage, family and inheritance; this system treated women as an individual too and guaranteed social security to her as well as to her children. Legally controlled polygamy was an important advance on the various loosely defined arrangements which had previously been both possible and current; it was only by this provision (backed up by severe punishment for adultery), that the family, the core of any sedentary society could be placed on a firm footing."[34]

Marriage

Under the Arabian pre-Islamic law, no limitations were set on men's rights to marry or to obtain a divorce.[30] Islamic law, however, restricted polygamy ([Qur'an 4:3])[31] The institution of marriage, characterized by unquestioned male superiority in the pre-Islamic law of status, was redefined and changed into one in which the woman was somewhat of an interested partner. 'For example, the dowry, previously regarded as a bride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property'[30][31] Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract". The essential elements of the marriage contract were now an offer by the man, an acceptance by the woman, and the performance of such conditions as the payment of dowry. The woman's consent was imperative. Furthermore, the offer and acceptance had to be made in the presence of at least two witnesses.[30][31][33]

Inheritance and wealth

'Women were given inheritance rights in a patriarchal society that had previously restricted inheritance to male relatives.'[31] Annemarie Schimmel states that "Compared to the pre-Islamic position of women, Islamic legislation meant an enormous progress; the woman has the right, at least according to the letter of the law, to administer the wealth she has brought into the family or has earned by her own work"[35] According to the Oxford Dictionary of Islam, Women were also granted the right to live in the matrimonial home and receive financial maintenance during marriage and a waiting period following the death and divorce.[33]

The status of women

Watt states that Islam is still, in many ways, a man’s religion. However, he states that Muhammad, in the historical context of his time, can be seen as a figure who testified on behalf of women’s rights and improved things considerably. Watt explains the historical context surrounding women's rights at the time of Muhammad: "It appears that in some parts of Arabia, notably in Mecca, a matrilineal system was in the process of being replaced by a patrilineal one at the time of Muhammad. Growing prosperity caused by a shifting of trade routes was accompanied by a growth in individualism. Men were amassing considerable personal wealth and wanted to be sure that this would be inherited by their own actual sons, and not simply by an extended family of their sisters’ sons. This led to a deterioration in the rights of women. At the time Islam began, the conditions of women were terrible - they had no right to own property, were supposed to be the property of the man, and if the man died everything went to his sons." Muhammad, however, by "instituting rights of property ownership, inheritance, education and divorce, gave women certain basic safeguards."[36]

"In the earliest centuries of Islam, the position of women was not bad at all. Only over the course of centuries was she increasingly confined to the house and was forced to veil herself."[35] The Quran and Muhammad's example were more favorable to the security and status of women than history and later Muslim practice might suggest. For example, the Qur'an does not require women to wear veils; rather, it was a social habit picked up with the expansion of Islam. In fact, since it was impractical for working women to wear veils, "A veiled woman silently announced that her husband was rich enough to keep her idle."[37][38]

Haddad and Esposito state that 'although Islam is often criticized for the low status it has ascribed to women, many scholars believe that it was primarily the interpretation of jurists, local traditions, and social trends which brought about a decline in the status of Muslim women. In this view Muhammad granted women rights and privileges in the sphere of family life, marriage, education, and economic endeavors, rights that help improve women's status in society.' However, 'the Arab Bedouins were dedicated to custom and tradition and resisted changes brought by the new religion.' Haddad and Esposito state that in this view 'the inequality of Muslim women happened because of the preexisting habits of the people among whom Islam took root. The economics of these early Muslim societies were not favorable to comfortable life for women. More important, during Islam's second and third centuries the interpretation of the Qur'an was in the hands of deeply conservative scholars, whose decisions are not easy to challenge today. The Qur'an is more favorable to women than is generally realized. In principle, except for a verse or two, the Qur'an grants women equality. For example, Eve was not the delayed product of Adam’s rib (as in the tradition for Christians and Jews); the two were born from a single soul. It was Adam, not Eve, who let the devil convince them to eat the forbidden fruit. Muslim women are instructed to be modest in their dress, but only in general terms. Men are also told to be modest. Many Muslims believe the veiling and seclusion are later male inventions, social habits picked up with the conquest of the Byzantine and Persian Empires.'[39]

Children

The Qur'an rejected the pre-Islamic idea of children as their fathers' property and abolished the pre-Islamic custom of adoption.[40]

A. Giladi holds that Quran's rejection of the idea of Children as their fathers' property was a Judaeo-Christian influence and was a response to the challenge of structural changes in tribal society.[40]

The Quran also replaced the pre-Islamic custom of adoption(assimilation of an adopted Child into another family in a legal sense) by the recommendation that "believers treat children of unknown origin as their brothers in the faith and clients [Qur'an 33:4-5], [Qur'an 33:37-40]. Adoption was viewed "as a lie, as an artificial tie between adults and children, devoid of any real emotional relationship, as a cause of confusion where lineage was concerned and thus a possible source of problems regarding marriage between members of the same family and regarding inheritance."[40]

Sociological reforms

Sociologist Robert Bellah (Beyond belief) argues that Islam in its seventh-century origins was, for its time and place, "remarkably modern...in the high degree of commitment, involvement, and participation expected from the rank-and-file members of the community." This because, he argues, that Islam emphasized on the equality of all Muslims. Leadership positions were open to all. However, there were restraints on the early Muslim community that kept it from exemplifying these principles, primarily from the "stagnant localisms" of tribe and kinship. Dale Eickelman writes that Bellah suggests "the early Islamic community placed a particular value on individuals, as opposed to collective or group responsibility."[41]

The Islamic idea of community (that of umma), established by Muhammad, is flexible in social, religious, and political terms and includes a diversity of Muslims who share a general sense of common cause and consensus concerning beliefs and individual and communal actions.[42]

Moral reforms

Muslims believe that Muhammad, like other prophets in Islam, was sent by God to remind human beings of their moral responsibility, and challenge those ideas in society which opposed submission to God. According to Kelsay, this challenge was directed against five main characteristics of pre-Islamic Arabia:[43]

  1. The division of Arabs into varying tribes (based upon blood and kinship). This categorization was confronted by the ideal of a unified community based upon Islamic piety, an "umma;"
  2. The acceptance of the worship of a multitude of deities besides Allah - a view challenged by strict Islamic monotheism, which dictates that Allah has no partner in worship nor any equal;
  3. The trait of muruwwa (manliness), which Islam discouraged, instead emphasizing on the traits of humility and piety;
  4. The focus on achieving fame or establishing a legacy, which was replaced by the concept that mankind would be called to account before God on the day of resurrection;
  5. The reverence of and compliance with ancestral traditions, a practice challenged by Islam — which instead assigned primacy to submitting to God and following revelation.

These changes lay in the reorientation of society as regards to identity, world view, and the hierarchy of values. From the viewpoint of subsequent generations, this caused a great transformation in the society and moral order of life in the Arabian Peninsula. For Muhammad, although pre-Islamic Arabia exemplified "heedlessness," it was not entirely without merit. Muhammad approved and exhorted certain aspects of the Arab pre-Islamic tradition, such as the care for one’s near kin, for widows, orphans, and others in need and for the establishment of justice. However, these values would be re-ordered in importance and placed in the context of strict monotheism.[43]

Although Muhammad's preaching produced a "radical change in moral values based on the sanctions of the new religion, and fear of God and of the Last Judgment", the pre-Islamic tribal practices of the Arabs by no means completely died out.

Economic reforms

Michael Bonner writes on poverty and economics in the Qur'an that the Qur'an provided a blueprint for a new order in society, in which the poor would be treated more fairly than before. This "economy of poverty" prevailed in Islamic theory and practice up until the 13th and 14th centuries. At its heart was a notion of property circulated and purified, in part, through charity, which illustrates a distinctively Islamic way of conceptualizing charity, generosity, and poverty markedly different from "the Christian notion of perennial reciprocity between rich and poor and the ideal of charity as an expression of community love." The Qur'an prohibits bad kind of circulation (riba, often understood as usury or interest) and asks for good circulation (zakat [legal alms giving]). Some of the recipients of charity appear only once in the Qur'an, and others—such as orphans, parents, and beggars—reappear constantly. Most common is the triad of kinsfolk, poor, and travelers.

Unlike pre-Islamic Arabian society, the Qur'anic idea of economic circulation as a return of goods and obligations was for everyone, whether donors and recipients know each other or not, in which goods move, and society does what it is supposed to do. The Qur'an's distinctive set of economic and social arrangements, in which poverty and the poor have important roles, show signs of newness. The Qur'an told that the guidance comes to a community that regulates its flow of money and goods in the right direction (from top down) and practices generosity as reciprocation for God's bounty. In a broad sense, the narrative underlying the Qur'an is that of a tribal society becoming urbanized. Many scholars have characterized both the Qur'an and Islam as highly favorable to commerce and to the highly mobile type of society that emerged in the medieval Near East. Muslim tradition (both hadith and historiography) maintains that Muhammad did not permit the construction of any buildings in the market of Medina other than mere tents; nor did he permit any tax or rent to be taken there. This expression of a "free market"—involving the circulation of goods within a single space without payment of fees, taxes, or rent, without the construction of permanent buildings, and without any profiting on the part of the caliphal authority (indeed, of the Caliph himself)—was rooted in the term sadaqa, "voluntary alms." This coherent and highly appealing view of the economic universe had much to do with Islam's early and lasting success. Since the poor were at the heart of this economic universe, the teachings of the Qur'an on poverty had a considerable, even a transforming effect in Arabia, the Near East, and beyond.[45]

Civil reforms

Social welfare in Islam started in the form of the construction and purchase of wells. Upon his hegira to Medina, Muhammad found only one well to be used. The Muslims bought that well, and consequently it was used by the general public. After Muhammad's declaration that "water"was a better form of charity, many of his companions sponsored the digging of new wells. During the Caliphate, the Muslims repaired many of the aging wells in the lands they conquered.[46]

In addition to wells, the Muslims built many tanks and canals. Many canals were purchased, and new ones constructed. While some canals were excluded for the use of monks (such as a spring purchased by Talha), and the needy, most canals were open to general public use. Some canals were constructed between settlements, such as the Saad canal that provided water to Anbar, and the Abi Musa Canal to providing water to Basra.[47]

During a famine, Umar ibn al-Khattab ordered the construction of a canal in Egypt to connect the Nile with the Red Sea. The purpose of the canal was to facilitate the transport of grain to Arabia through a sea-route, hitherto transported only by land. The canal was constructed within a year by Amr bin al Aas, and Abdus Salam Nadiv writes, Arabia was rid of famine for all the times to come."[48

Ecological responsibility

Perhaps due to resource scarcity in most Islamic nations, there was an emphasis on limited (and some claim also sustainable) use of natural capital, i.e. producing land. Traditions of haram and hima and early urban planning were expressions of strong social obligations to stay within carrying capacity and to preserve the natural environment as an obligation of khalifa or "stewardship".[49] Muhammad is considered a pioneer in environmentalism for his teachings on environmental preservation. His hadiths on agriculture and environmental philosophy were compiled in the "Book of Agriculture" of the Sahih Bukhari.[50]

Political reforms

Arabia

Islam began in Arabia in the 7th century under the leadership of Muhammad, who eventually united many of the independent nomadic tribes of Arabia under Islamic law.[51][52] There were also some Jewish and Christian tribes in Arabia. Some tension between Muhammad and the Jews of Medina soon arose and intensified. Muhammad accused the Jews of Medina of treason and expelled some of them from Medina and wiped out some others who he deemed to be traitors.[53] (See Muhammad#Muhammad and the Jewish tribes of Medina for further details.)

Middle East

The pre-Islamic Middle East was dominated by the Byzantine and Sassanian empires. The Roman-Persian Wars between the two had devastated the inhabitants, making the empires unpopular amongst the local tribes. The Byzantines persecuted Jews as well as Christians they deemed "heretic". During the early Islamic conquests, the Rashidun army, mostly led by Khalid ibn al-Walid and Amr ibn al-As, defeated both empires, making the Islamic state the dominant power in the region.[54] Within only a decade, Muslims conquered Mesopotamia and Persia during the Islamic conquest of Persia and Roman Syria and Roman Egypt during the early Byzantine-Arab Wars.[55]

According to Francis Edwards Peters:

The conquests destroyed little: what they did suppress were imperial rivalries and sectarian bloodletting among the newly subjected population. The Muslims tolerated Christianity, but they disestablished it; henceforward Christian life and liturgy, its endowments, politics and theology, would be a private and not a public affair. By an exquisite irony, Islam reduced the status of Christians to that which the Christians had earlier thrust upon the Jews, with one difference. The reduction in Christian status was merely judicial; it was unaccompanied by either systematic persecution or a blood lust, and generally, though not elsewhere and at all times, unmarred by vexatious behavior.

The Islamic conquest lowered taxes, and provided greater local autonomy and religious freedom for Jews and as well as most of the Christian Churches in the conquered areas (such as Nestorians, Monophysites, Jacobites and Copts who were deemed heretic by Christian Orthodoxy).[56] Bernard Lewis wrote:

Some even among the Christians of Syria and Egypt preferred the rule of Islam to that of Byzantines... The people of the conquered provinces did not confine themselves to simply accepting the new regime, but in some cases actively assisted in its establishment. In Palestine the Samaritans, according to tradition, gave such effective aid to the Arab invaders that they were for some time exempted from certain taxes, and there are many other reports in the early chronicles of local Jewish and Christian assistance.

Other reforms

Islam reduced the devastating effect of blood feuds, which was common among Arabs, by encouraging compensation in money rather than blood. In case the aggrieved party insisted on blood, unlike the pre-Islamic Arab tradition in which any male relative could be slain, only the culprit himself could be executed.[34][57]

The Cambridge History of Islam states that the nomadic structure of pre-Islamic Arabia had the serious moral problem of the care of the poor and the unfortunate. "Not merely did the Qur'an urge men to show care and concern for the needy, but in its teaching about the Last day it asserted the existence of a sanction applicable to men as individuals in matters where their selfishness was no longer restrained by nomadic ideas of dishonour."[58]

Islam teaches support for the poor and the oppressed.[59] In an effort to protect and help the poor and orphans, regular almsgiving — zakat — was made obligatory for Muslims. This regular alms-giving developed into a form of income tax to be used exclusively for welfare.[60]

Notes

  1. Cambridge History of Islam (1970), p.30
  2. ^ a b c Lewis, Bernard (1998-01-21). "Islamic Revolution", The New York Review of Books.
  3. ^ Watt (1974), p.234
  4. ^ Robinson (2004) p.21
  5. ^ Esposito (1998), p. 98
  6. ^ "Ak̲h̲lāḳ", Encyclopaedia of Islam Online
  7. ^ a b c Nancy Gallagher, Encyclopedia of Women & Islamic Cultures, Infanticide and Abandonment of Female Children
  8. ^ Lewis, Bernard (1998-01-21). "Islamic Revolution", The New York Review of Books.
  9. ^ Bernard Lewis, Arabs in History, p.45-46
  10. ^ See:
    • Firestone (1999) p. 118;
    • "Muhammad", Encyclopedia of Islam Online
  11. ^ Watt. Muhammad at Medina and R. B. Serjeant "The Constitution of Medina." Islamic Quarterly 8 (1964) p.4.
  12. ^ R. B. Serjeant, The Sunnah Jami'ah, pacts with the Yathrib Jews, and the Tahrim of Yathrib: Analysis and translation of the documents comprised in the so-called "Constitution of Medina." Bulletin of the School of Oriental and African Studies, University of London, Vol. 41, No. 1. 1978), page 4.
  13. ^ Watt. Muhammad at Medina. pp. 227-228 Watt argues that the initial agreement was shortly after the hijra and the document was amended at a later date specifically after the battle of Badr. Serjeant argues that the constitution is in fact 8 different treaties which can be dated according to events as they transpired in Medina with the first treaty being written shortly after Muhammad's arrival. R. B. Serjeant. "The Sunnah Jâmi'ah, Pacts with the Yathrib Jews, and the Tahrîm of Yathrib: Analysis and Translation of the Documents Comprised in the so called 'Constitution of Medina'." in The Life of Muhammad: The Formation of the Classical Islamic World: Volume iv. Ed. Uri Rubin. Brookfield: Ashgate, 1998, p. 151 and see same article in BSOAS 41 (1978): 18 ff. See also Caetani. Annali dell’Islam, Volume I. Milano: Hoepli, 1905, p. 393. Julius Wellhausen. Skizzen und Vorabeiten, IV, Berlin: Reimer, 1889, p 82f who argue that the document is a single treaty agreed upon shortly after the hijra. Wellhausen argues that it belongs to the first year of Muhammad’s residence in Medina, before the battle of Badr in 2/624. Wellhausen bases this judgement on three considerations; first Muhammad is very diffident about his own position, he accepts the Pagan tribes within the Umma, and maintains the Jewish clans as clients of the Ansars see Wellhausen, Excursus, p. 158. Even Moshe Gil a skeptic of Islamic history argues that it was written within 5 months of Muhammad's arrival in Medina. Moshe Gil. "The Constitution of Medina: A Reconsideration." Israel Oriental Studies 4 (1974): p. 45.
  14. ^ Encyclopedia of world history (1998), p.452, Oxford University Press
  15. ^ Esposito, Islam the Straight Path, p. 79, Oxford University Press
  16. ^ Esposito, John (2002). Unholy War: Terror in the Name of Islam. Oxford University Press, 30. ISBN 0-19-515435-5.
  17. ^ Donna Lee Bowen, Encyclopedia of the Qur'an, Infanticide
  18. ^ Watt (1961), p. 229
  19. ^ Maududi (1967), Introduction of Ad-Dahr, "Period of revelation", pg. 159
  20. ^ a b c Bernard Lewis, Race and Slavery in the Middle East, Oxford Univ Press 1994, chapter 1
  21. ^ Bernard Lewis, (1992), pp. 78-79
  22. ^ a b c Encyclopedia of the Qur'an, Slaves and Slavery
  23. ^ Nigosian, S. A. (2004). Islam. Its History, Teaching, and Practices. Bloomington: Indiana University Press, 115.
  24. ^ ([Qur'an 4:92], [Qur'an 5:92], [Qur'an 58:3])
  25. ^ ([Qur'an 2:177], [Qur'an 24:33], [Qur'an 90:13])
  26. ^ Lewis 1990, page 6. All Qur'anic citations are his.
  27. ^ a b c Turner, Brian S. Islam (ISBN 041512347X). Routledge: 2003, p77-78.
  28. ^ Unni Wikan, review of Modernizing Women: Gender and Social Change in the Middle East, American Ethnologist, Vol. 22, No. 4 (Nov., 1995), pp. 1078-1079
  29. ^ Valentine M. Moghadam. Modernizing Women: Gender and Social Change in the Middle East. (Lynne Rienner Publishers, USA, 1993) p. 5
  30. ^ a b c d Majid Khadduri, Marriage in Islamic Law: The Modernist Viewpoints, American Journal of Comparative Law, Vol. 26, No. 2, pp. 213-218
  31. ^ a b c d e John Esposito, Islam: The Straight Path p. 79
  32. ^ Encyclopedia of religion, second edition, Lindsay Jones, p.6224, ISBN 0-02-865742-X
  33. ^ a b c The Oxford Dictionary of Islam (2003), p.339
  34. ^ a b Gerhard Endress, Islam: An Introduction to Islam, Columbia University Press, 1988, p.31
  35. ^ a b Annemarie Schimmel, Islam-: An Introduction, p.65, SUNY Press, 1992
  36. ^ Interview: William Montgomery Watt, by Bashir Maan & Alastair McIntosh (1999). A paper using the material on this interview was published in The Coracle, the Iona Community, summer 2000, issue 3:51, pp. 8-11.
  37. ^ Bloom and Blair (2002) p.46-47
  38. ^ Michael J. Perry, The Idea of Human Rights: Four Inquiries, p.78, Oxford University Press US
  39. ^ Yvonne Yazbeck Haddad, John L. Esposito, Islam, Gender, and Social Change, Oxford University Press US, 2004, p.163
  40. ^ a b c Encyclopedia of Islam, saghir
  41. ^ “Social Sciences and the Qur’an,” in Encyclopedia of the Qur’an, vol. 5, ed. Jane Dammen McAuliffe. Leiden: Brill, pp. 66-76.
  42. ^ “Community and Society in the Qur'an,” in Encyclopedia of the Qur’an, vol. 1, ed. Jane Dammen McAuliffe. Leiden: Brill, pp. 385.
  43. ^ a b Islamic ethics, Encyclopedia of Ethics
  44. ^ Encyclopedia of Islam Online, Akhlaq
  45. ^ Michael Bonner, "Poverty and Economics in the Qur’an", Journal of Interdisciplinary History, xxxv:3 (Winter, 2005), 391–406
  46. ^ Nadvi (2000), pg. 403-4
  47. ^ Nadvi (2000), pg. 405-6
  48. ^ Nadvi (2000), pg. 407-8
  49. ^ S. Nomanul Haq, "Islam", in Dale Jamieson (2001), A Companion to Environmental Philosophy, pp. 111-129, Blackwell Publishing, ISBN 140510659X.
  50. ^ S. Nomanul Haq, "Islam", in Dale Jamieson (2001), A Companion to Environmental Philosophy, pp. 111-129 [119-129], Blackwell Publishing, ISBN 140510659X.
  51. ^ Cambridge History of Islam, Vol. 1A (1977), p.57
  52. ^ Hourani (2003), p.22
  53. ^ Esposito (1998), pp.10-11
  54. ^ Sonn, pg.24-6
  55. ^ Esposito, Islam the straight path, extended edition, p.35
  56. ^ Esposito, Islam the straight path, extended edition, p.36
  57. ^ Bloom and Blair (2002) p.46
  58. ^ The Cambridge history of Islam (1970), p. 34
  59. ^ Nasr (2004), The Heart of Islam: Enduring Values for Humanity, p. 104, ISBN 0-06-073064-1.
  60. ^ Minou Reeves (2000), Muhammad in Europe, New York University Press, p. 42.
References


Source : http://en.wikipedia.org/wiki/Early_reforms_under_Islam


Sabtu, 20 September 2008

Forest policies, access rights and non-wood forest products in northern Europe

By Olli Saastamoinen

In northern European countries, where most NWFPs are underutilized, maintaining free access to forests may be the best resource management policy.

The first forest-related policy measures - and the birth of the forestry profession - in the Scandinavian countries were related to game management and protection. However, attention was also given to the conservation of fruit-bearing forest trees very early in the development of forest policies in the region (Helander, 1949; Fritzboeger and Soendergaard, 1995). This article discusses policies concerning non-wood forest products (NWFPs). (For the most part only plant-based products such as berries and mushrooms are considered.) Their role in forestry is greatly influenced by the general status assigned by legislation to the multiple use of forests. Free access rights to multiple products and services of forests are characteristic of many northern European countries and are examined country by country. Finally, a general framework for the development of NWFP policies is outlined.

MULTIPLE USE AND RIGHTS OF ACCESS IN NORTHERN COUNTRIES
Access rights are a fundamental policy issue in multiple-use forestry in general, and in the NWFP sector in particular. Access and ownership rights are the result of historical institutional developments and reflect, among other things, existing land use patterns and the availability of forest resources.

Denmark
Denmark differs from the other Scandinavian countries in its high population density, the dominance of agriculture and the smallness of its forest area. For most Danes, non-wood uses of forests (recreation, wildlife, biodiversity, protection of groundwater, landscape and cultural values) are probably more important than wood (Plum, 1998). In Denmark there is free access to public forests (36 percent of all forests); however, there is only limited access to private forests as these are legally accessible only to pedestrians and cyclists, who must keep to the roads and paths and only enter the area during the daytime. If a private forest is smaller than 5 ha, the general Act on Access allows it to be closed entirely; if followed to the letter, this policy prevents the utilization of mushrooms and berries by the public. In fact, both the availability and the amounts of NWFPs collected (such as branches, plants, moss, lichen, nuts, cones, mushrooms and berries) are very limited and have practically no private or national economic significance. In contrast, Christmas trees and greenery production (valued at US$38 million) and hunting (valued at US$21 million) together amount to more than the value of wood produced (US$52.5 million) (Plum, 1998).

The significance of NWFPs in the Nordic countries: some historical examples
Trade in plant-based NWFPs in the Nordic countries dates back many centuries. For example, the tall herb Angelica archangelica was an important commodity for the Vikings in the sixteenth and seventeenth centuries. Large amounts were exported from Norway to central Europe for use in treatments against the plague and other infectious diseases (Osa and Ullveit, 1993).
The people of the Kainuu region in northeastern Finland, an area that offers limited possibilities for agriculture, have traditionally been dependent on the forests for multiple uses. They remain among the most active in the gathering of wild forest berries. In Finland, lingonberries (Vaccinium vitis-idea) were among the top ten export products in the 1920s. After the decline of the tar trade, especially daring the famine years to the latter half of the nineteenth century, the Kainuu people relied on pine bark bread for their survival (Helander, 1949).

Berries (such as the cloudberry, Rubus chamaemorus) and mushrooms (pictured, Boletus edulis) can generally be collected by anyone - even on private land .In general, multiple-use forestry is highly appreciated in Denmark. The Forest Act is based on the principle of integrating production and conservation in all forests and defines good and multiple-use management with regard to increasing and improving wood production as well as nature conservation, landscape and historical value, environmental protection and recreational interests.

Norway
Norwegians are enthusiastic about outdoor life; outdoor activities in forests and on mountains are an important part of national identity. The forestry law is mainly a frame law with few detailed rules. The Norwegian traditional policy on private forestry rests mainly on the principle of "liberty under responsibility", which is supported by economic incentives (Troemborg and Solberg, 1995). In 1981, the goals were changed to include multiple uses. The first paragraph of the 1976 Forestry Act was changed to stipulate that consideration must be given to recreation, landscape protection, animal and plant habitats and hunting and fishing areas. However. improved multiple-use management has become more apparent only in the 1990s (Eckerberg, 1995).

A key feature of Norwegian common access is the distinction between innmark (fields, grazing areas, yard and garden areas) and utmark (other public outdoor areas). In innmark people are only allowed to move on foot when the soil is frozen or under snow cover, and not between 30 April and 15 October. In utmark there are no limitations for movement or overnighting.
Universal rights include the possibility to pick berries, mushrooms and common herbs. However, there are some restrictions concerning the cloudberry (Rubus chamaemorus), the most economically valuable wild berry, which grows throughout the country but is most abundant in the north. In 1854, a law prohibiting the picking of cloudberry on privately owned land was passed in the three northernmost counties. In the same counties berry picking on public lands is allowed only for local people. Picking unripe cloudberries has been forbidden in the entire country since 1970 (Vorkinn and Kaltenborn, 1993). In addition to spatial and date restrictions, quantity restrictions may also be applied.

Sweden
In Sweden, multiple-use considerations were first introduced into the Forestry Act in 1975 and were made more specific in 1979. New forest policy and the related new Forestry Act of 1994 raised the maintenance of environmental values to the same status as meeting production goals. The policy adopted the multiple-use approach and specified that forests shall be managed in such a way that the needs for both high timber production and other functions of forests are satisfied, in principle, in every hectare of forest. By emphasizing the integration of environmental considerations into forest management, the policy is thought to reduce the need to set aside forest land solely for protection purposes.

The Swedish Forestry Act does not mention NWFPs explicitly, as it does with biodiversity, historical, aesthetic and social values. NWFPs can be understood to be included implicitly both in forest production (which must have a potential to satisfy different needs in the future) and in the concept of social values.

In Sweden, as in other Nordic countries, common access rights apply to residents of other countries as well. In Sweden in particular this has permitted increasing numbers of berry pickers from other countries to collect wild products not only for their own use, but also for income earning. This has caused some tension between the local people and migrant pickers and has even created the need to publish multilingual information about the precise rights and duties associated with common access rights (Eckerberg, 1995). There are no date regulations in Sweden. In commercial berry picking, the quality control of buyers ensured that unripe berries do not enter the markets.

The Russian Federation and the Baltic States
Unlike Scandinavian forest legislation, forest legislation in the Russian Federation and the Baltic States has traditionally been clear and explicit with regard to NWFPs. For example, the forest law of the Republic of Karelia (in the Russian Federation) lists the following categories of forest use: wood production, resin production, secondary forest materials and technological raw materials, the use of forest by-products, scientific research, cultural and social purposes, hunting economy, recreation (including tourism) and other forest uses not prohibited by law. Research on non-wood resources (especially medicinal plants and wild berries) has been conducted in Karelia for 30 years (Belonogova and Zaitseva, 1996).

The Forest Act in Estonia also recognizes non-wood production explicitly. It states that the forests of Estonia shall be used, among other purposes, for the procurement of forest by-products such as berries, mushrooms, herbs, and decorative plants, as well as for hunting, bee-keeping and the grazing of cattle (Estonian Forest Department, 1995). An important feature of the Estonian Forest Act is that the principle of sustainability also concerns non-wood production. For example, the act states that by-products must be procured in such a way that berry, mushroom and herb yields are not adversely affected. Unlike the Scandinavian countries. Estonia recognizes universal rights explicitly. For example, according to the Estonian Forest Act, camping in the forest as well as picking berries, mushrooms and other non-wood products in state, municipal and private forests without bound or mark is a right of every citizen.

Finland
Finns are quite active in utilizing the traditional rights of common access: according to a survey, 87 percent of Finland's citizens aged 15 to 75 years collect berries or mushrooms sometimes or often (Kangas and Niemeläinen, 1996). The collection of most species remains far less than the biological resources available in sparse northern forests. It is estimated (in the absence of accurate data) that no more than 5 to 10 percent of the most common berry species and only 1 to 3 percent of the mushrooms are collected (Salo, 1995; Saastamoinen et al., 1998). In fact, every summer and autumn complaints about the underutilization of forest resources appear in the media with calls for better use of these resources for nutrition and health, as well as for improving income and employment.

Finland has a long history of public measures aimed at increasing the extent of utilization of non-wood forest resources. The most powerful of these are tax relief measures (see Box). In addition, in response to concerns about underutilization of NWFPs, a programme for developing the natural products sector was introduced by a working group of the Ministry of Agriculture and Forestry in 1995. Its targets included increasing rates of utilization of berries and mushrooms by 30 percent and the industrial use of the products by 10 percent.1
1 Editor's note: Details about this programme are given in the article entitled "Utilization and income-generation aspects of non-wood forest products in the Czech Republic, Finland and Lithuania".

Other interventions to promote NWFP utilization include training and research. Since 1969 about 3 000 voluntary extension advisers have been educated on subjects such as species identification and proper handling of products for sale. The training has largely concentrated on mushrooms, since they have lower rates of utilization than other NWFPs; however, in recent years training has been extended to include herbs and other products as well as further processing and marketing of natural products. Training has also been given to 55 000 commercial mushroom pickers. Research carried out on NWFPs in universities and research institutes has mostly concentrated on biology and technology related to berries and mushrooms, but product development and marketing have recently been gaining attention.

Incentives for increasing utilization of NWFPs in Finland
The most powerful measure adopted to encourage NWFP use in Finland is a tax exemption that has been in force since the early 1970s: pickers receiving income from selling berries and mushrooms that they have picked themselves need not pay income tax. In Finland, where rates of income taxation are extremely high, this is a remarkable incentive, and it forms the backbone of commercially oriented picking activities. From time to time the Ministry of Finance suggests that this rare exception in a country of high taxes should be removed, but so far political forces have been able to prevent the exemption's removal.

Another tax relief, which has been removed since Finland joined the European Union (EU), was called "primary product deduction" and concerned all food products. Companies buying berries and mushrooms had a right to deduct 18 percent of the value-added tax from products bought from pickers. Value-added tax for all food products applied only to processing and further trade. The natural products industry has recently suggested that the value-added tax be lowered for products from the wild.

The period for picking berries and mushrooms is short in northern Finland and the yield varies a great deal from year to year. In good years, when yields are abundant (and prices low), file processing industries stock up for future lean years. Storing is costly, however, and therefore since 1982 minor financial support has been given to companies storing berries. With Finland's membership in the EU, this support is now only allowed in the northern part of the country.
Customs duties on wild berries imported into Finland used to be substantial (up to 28 percent for fresh berries), but in conformity with EU regulations the duties have been removed or substantially reduced. It was predicted that lowered border protection would cause the prices obtained by domestic pickers to drop, and this appears to have occurred. Imports of wild berries from the Baltic countries and Karelia (Russian Federation) have been increasing, and the real prices of most common berries have experienced a substantial downward trend. According to the views expressed by berry pickers in the newspapers, the current low prices of imported berries appear to threaten the profitability of commercial picking activities in Finland.

CAN OPEN ACCESS BE A SOUND POLICY?
There is a large variation in forms of access and property regimes regarding NWFPs (Rekola, 1998). However, it is usually assumed that the sustainable promotion of material non-wood products would require a shift from open access to more secure and organized forms of tenure arrangements. In the northern European countries many NWFPs (in Finland, any parts of growing trees: twigs, bark and birch sap, as well as lichens and moss) unambiguously belong only to forest owners. Hunting rights usually belong to landowners, although some collective or local rights are also recognized.

However, as discussed above, in most Nordic countries, in the Russian Federation and in the Baltic countries forest berries and mushrooms are open-access resources. Anyone can pick them regardless of who owns the forest. However, from time to time in some countries, questions are raised as to whether rights to these products, or some of them, should be included among the exclusive rights of the forest owners. Open access has often been seen (both in theory and in practice) to contribute towards the depletion of the resources concerned, and in many societies it is considered a policy of the past. In boreal forest regions, however, open access to non-wood forest resources has not led to the so-called "tragedy of the commons". Low population pressure, decreasing returns to labour used in collecting the last berries or mushrooms, and the fact that only the annual growth is harvested are among the explanations for the limited detrimental impact of NWFP extraction in the forests of the region (Saastamoinen, 1998). Would the removal of open access (i.e. the establishment of private ownership rights for berries and mushrooms) increase the utilization of these resources and lead to their better management? In theory, private ownership would give landowners an incentive to seek an optimal combination between the wood and non-wood portions of their resources. For example, the past large-scale drainage of peatland for increased wood production, which could have long-term negative impacts on cloudberry and cranberry production, could perhaps have been avoided if the berries had been owned exclusively by the forest owners. However, in general, apart from this exception, there have not been any serious conflicts between berry and mushroom production and wood production, so privatization would probably not result in changes in management practices.

The major problem in the north is not overutilization of NWFPs, but rather underutilization; for example, in Sweden it was estimated in 1977 that roughly 10 percent of all bilberries, cowberries and raspberries (and only 5 percent of total mushrooms) were collected (Kardell, 1980). In Finland the figures are probably lower. In northern boreal forests the main impact of removing open access to wild berries and mushrooms would probably be reduced harvesting. Forest owners - half of whom are currently urban - would not be able to collect more than a small part of what the whole population is able to collect. Privatization would also mean less income and employment for people currently engaged in commercial picking activities. Similarly, there would be fewer products collected for own use and recreation, which now make up more than two-thirds of the total amount collected. In addition, many forest owners (especially the owners of small forest holdings) might feel that they are also among the losers, as they too are beneficiaries of open access.
In most Nordic countries, lichens and mosses are the private property of forest owners

Privatization would probably also lead to higher berry and mushroom prices. Forest owners could earn more by gathering and selling the products themselves or by selling licences to the pickers. However, it is not evident that the prices would rise sufficiently to cover the costs of licensing and/or other forms of exclusion.

The removal of free access would mean a substantial loss to society in both economic and social terms. It needs to be emphasized that politically it would not be possible to remove these traditional and popular rights which are an essential part of the way of life in the northern European countries.

FEATURES OF SUPPORTIVE NWFP POLICIES
It is evident now that the threats and opportunities for NWFPs result not only from changes in the physical climate, which are generating wide variations in the yields of wild products, but also from changes in the economic and social climate and the unpredictable functioning of markets. The decreasing profitability of picking activities resulting from increased international competition and the apparent increased consumer interest in clean and natural products from forests are good examples. It is clear that the separate and sometimes incidental development activities in any country need to be more concerted, coordinated and carefully thought out in order to be effective and to benefit the synergy of integration. This is where the call for a conscious policy is raised.

NWFPs should be given recognition in national forestry policies and programmes, as they provide substantial income and processing possibilities for rural people and healthy food and recreation for those picking for themselves. Often NWFPs have been a neglected or invisible component of forestry or other policies. Finland, for example, has had a long and successful tradition in national forest planning, but it was not until the National Forestry Programme of 1999 that the importance of NWFPs and their uses were fully recognized (Finnish Ministry of Agriculture and Forestry, 1999). The roles of NWFPs and the problems and opportunities associated with them should be put on national agendas.

The problems, challenges and possibilities concerning NWFPs vary considerably by country and even more among the regions within countries. Still more variation can be found among the products in terms of the availability of resources, the sustainability of their use, traditional use patterns and commercial status and possibilities. As the problems and opportunities vary, policies should be tailored to existing and anticipated needs. Nevertheless, as is true for any forestry policies applied in strikingly varying conditions, there are some basic elements that are worth considering in each context. The following are considerations that should be common to NWFP policies.

A complex set of traditional and unwritten (as well as official and written) usufruct, tenure and ownership rights are involved in the collection and utilization of NWFPs. Their role should be examined and understood, and the public's sensitivity to the issue recognized. Often, even minor changes that are considered necessary might take much time to gain acceptance and be implemented.

The structure, development and dynamics of markets require much consideration. Market studies may have wide gaps, but they are urgently needed for two reasons. First, evaluation of the functioning of the markets is required to decide the extent of policy intervention needed. Second, increased market knowledge is needed in extension and development activities, where it is one of the most scarce resources. It is worth exploring the possibility of using the Internet to provide market information. It is also important to recognize that some products that used to be traditional staple foods (such as pine nuts) might find new markets as delicacies in today's society, and that some products (e.g. evergreen boughs) may perform strongly in international trade while others (e.g. gum naval stores) are in decline (Vantomme, 1998). In addition, differences in labour costs may essentially change the competitiveness of some products in some countries (e.g. Russian and Baltic berries in Finnish markets) (Lloyd. 1998).

The existing structure of economic incentives and disincentives also requires careful analysis. Comparative analysis is needed among different products and different countries. Needs for international harmonization have to be balanced with contrasting demands to tailor incentives to the specific needs of each country. One example among the many existing forms of taxation relief is that in the Czech Republic, forests for important non-wood production functions are not subject to taxation (Third Ministerial Conference on the Protection of Forests in Europe, 1998). As processing and trading enterprises are usually small, instruments and programmes available to small- (including micro) and medium-scale enterprises should be explored. For example, in many countries there are specific rural development or rural entrepreneurial programmes which may fit well with small-scale non-wood processing activities.

Extension, training and education as well as research and development activities are a vital part of any successful policy, and in the NWFP sector they are essential as it is largely composed of small enterprises and operators. Among the long list of efforts needed in this area are the research of the lesser-known species, quality management and the development of more value-added products.

In northern conditions the gathering of NWFPs is a seasonal activity, and particularly for this reason the pickers are not organized and their voice is seldom heard when the problems of the industry are considered. The promotion of better organization not only of the pickers but also of all the other stakeholders in the industry (where often micro and small enterprises are involved) would improve development efforts and raise the general status of the industry.

Any industry and its products need a positive image and publicity. The NWFP sector by its nature has excellent potential in this respect, but again, because of the scale and heterogeneity of NWFP industries, policy support is needed. Enhancing promotional information is also an important part of market development activities.

No doubt there are many other important elements and aspects to be considered in formulating policies and programmes in a sector as varied and multifaceted as the NWFP sector. However, of the greatest importance now is the simple recognition that the NWFP sector in many countries is in need of a specific policy, integrated with general forestry and other policies, but directed at advocating and enhancing the sector's own merits to further the economic, social and ecological roles and potentials of non-wood forest production.
Olli Saastamoinen is with the Faculty of Forestry, University of Joensuu, Joensuu, Finland.

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