Doing Away with Pretexts Justifying the Unlawful Behaviour

Doing Away with Pretexts Justifying the Unlawful Behaviour

    Islam, and generally all other religions, are not content with simple declarations or warnings with respect to unlawful or harmful activity and behaviour. They are eager to prevent and eliminate the means leading to such activity and behaviour. In this context, Muslim jurists formulated a legal principle known as Sadd-u-Thara'ie, which means, in practical terms, closing the doors or removing the means which lead to what is unlawful. This principle entails the prohibition of certain substances or activities for the simple reason that they would lead to a forbidden action or behaviour. Some of these substances and activities might not be unlawful in themselves, but they become subject to prohibition when they can lead to some other activity that is expressly forbidden.

    The object of this ruling is to "cleanse the social atmosphere of all provocative agents of temptation and sensuality and causes of deviant behaviour, as far as possible"(26). In themselves, these agents may be prohibited, permissible or even recommended.

    There could not be a more appropriate approach in the area of sensual and sexual desires and gratification. Without it, the requirement to refrain from unlawful sexual activity would be onerous, and could be even self-defeating. Religious teachings are normally geared to alleviate hardship and facilitate a clean and chaste life. The Quran emphasizes "God does not wish to overburden you; He seeks only to purify you" (5:6).

    Among the practices and types of behaviour to which the principle of Sadd-u-Thara`ie applies and which relate to the prohibition of sexual activity outside proper marriage, are:

6.1 Entering people's houses without their permission.This is prohibited as the Quran says: "Believers, do not enter homes other than your own until you have permission to do so and wish peace to their dwellers. That is best for you, if you would only reflect. lf you find no one in them, do not enter them until you are given permission to do so. lf you are told to leave, then go away, for it is right for you so to do. God is avware of 'what you do" (Light: 27-28).

6.2 The directives to lower one's gaze and not look at those parts of the human body that could arouse sensual feelings. This is clearly laid down in the Quran: "Tell the believing men to turn their eyes away ( from carnal temptation ) and preserve their chastity. It would make them pure. God knows what they do . Tell the believing women to turn their eyes away (from carnal temptation) and preserve their chastity, to cover their adornment, except such as is normally visible of it, to draw their clothes properly over their bodies, not to reveal their beauty to anyone except to their husbands, their fathers, their husbands' father, their sons, step-sons, brothers, nephews, their women folk or slave-girls, their male-attendants lacking in sexual drive and children who have no appreciation of women's nakedness. Let them also not move their legs when walking, so as to draw attention to their hidden charms. Believers, you should all repent to God, that you may prosper" (Light: 30-31).

Commentators on the Quran have indicated that, the above injunction is a command from God to His believing servants to turn their eyes away from what is not permissible for them to look at and only enjoy looking at what they are allowed to see. If one's eyes fall inadvertently on something that is not permissible to look at one must immediately turn one's eyes away(27),

The Sunnah of the Prophet confirms this view. Muslim and others have reported that Jareer ibn Abdullah al-Bujali asked the Prophet ( peace be on him ) about the inadvertent glance. The Prophet replied, "Turn your eyes away" (28)

6.3 The display of charms and adornments. This is forbidden under this heading. It is not lawful for a woman to reveal too much or to deliberately try to attract men's eyes and their admiration. Such behaviour nullifies the effect of the injunction not to look at women lustfully and defeats the objectives of spreading virtue and cleansing society of all lewd and sinful practices.

6.4 The prohibition of sweet and sensual talk in women's conversation with men.

6.5 The encouragement of modesty, describing it as a branch of faith. The Prophet said, "Faith consists of some and sixty or some and seventy points the first of which is the testimony that there is no deity but God and the last of which is picking up litterfrom people's path. Modesty is one of these points of faith"(29).

The concept of modesty refers to man's natural feeling of shame when leaning towards committing something unlawful. This feeling acts as a deterrent against committing it. Whenever someone's instinctive desires have the best of him, one's inner sense of shame is revived, conscience awakened and ability to reflect, refrain or repent, hightened.

 All ethical teachings and instruction of Islam are aimed at invigorating and supporting this intrinsic quality of human nature, and making it stronger with knowledge, understanding and feeling. The purpose is to make it part of the moral fabric of man's personality, and to protect and guard man's moral well-being The Prophet says: "Every religion has a basic code of morals, and the basic moral code of Islam is modesty" (30).

Another Hadith says: "Modesty can only bring about goodness" (31)

Modesty brings together all the characteristics of goodness in human nature and is an effective protection against all evil. The Prophet, ( peace be on him) was full of admiration for those whose modesty was reflected in their behaviour. He always urged his companions to develop this precious moral quality.

Christianity also teaches and advocates moral ideals similar to those espoused by Islam. We read in the Old Testament: "You shall not covet your neighbour's wife" (Exodus: 20,17; Deuteronomy: 5,21). According to the New Testament, "Every one who looks at a woman lustfully has already committed adultery with her in his heart" (Matthew, 5: 28). Christian teachings are full of high moral directives that provide for a clean and chaste human life. One of the most powerful of such exhortations is found in St. Paul's Letter to the Thessalonians (4:3-8) in which he says to them, "For this is the will of God, your sanctification: that you abstain from immorality; . . . Therefore whoever disregards this, disregards not man but God, who gives his holy spirit to you".

St. Peter the Apostle confirms this in his First Letter when he says: 'Beloved, I beseech you as aliens and exriles to abstain from the passions of the flesh that wage war against your soul. Maintain good conduct among the Gentiles . . ." (Peter 1: 2,11) He also says in the same Letter, ". . . do not be conformed to the passions of your former ignorance, but as he who called you is holy, be holy yourselves in all your conduct; since it is written, 'You shall be holy' for I am holy" (Peter 1 :1, l 5).

Thus we see that the teachings of both Islam and Christianity do not stop at advocating virtue, extolling and praising all that lead to it, and condemning immorality and all sinful activity that lead to it. Both religions go further than that and condemn the mere contemplation of sin or allowing oneself to be subject to its temptation.

Adherence to religious moral injunctions in avoiding immoral and sinful practices is not portrayed simply as a way leading to happiness in the Hereafter only. it has a role to play in the enhancement of the physical and moral purification of the human personality in this world as well. The Quran encourages certain actions because they are more "wholesome" and "purer", praises those wno obey as being "goodly men and women". Disobedient individuals are described as "wicked men and women". These distinctions are made on the basis that the former have respected and observed God's messages and acted accordingly, while the latter have succumbed to their desires, and strayed away. In trying to satisfy their natural desires they have not been content with what is permissible and acceptable. They have let loose their desires and indulged in what is sinful and forbidden. Ii is sufficient as a motivation to abide by the religious commandmen that one earns the quality of being "goodly" as a result. Similarly, being called "wicked" provides the incentive to steer away from sin. Such descriptions in religious books provide the right motivation for people with conscience and sincerity to bring their conduct in line with their beliefs.