Note the sequence of events in the above hadith:
Prophet Muhammad receives a revelation, which is part of Sura 4:95 as it exists today.
Prophet Muhammad calls Zaid to write down the revelation and begins to recite it to Zaid: “All who fail to participate in jihad are viewed as inferior to those who do participate.”
A blind man asks how the verse applies to him, since he is blind and cannot participate in jihad.
Prophet Muhammad then conveniently receives a new revelation that adds an exception to jihad for the blind and disabled.
The famous Pakistani Alim Mufti Muhammad Taqi Usmani, the son of Maulana Ashraf Ali Thanwi’s Khalifah Mufti Shafi Usmani, in his book, ‘The Chronology and Background of Quranic Revelation’ says that “The smallest portion of the Quran to be revealed was ” لضرر غيرأولى” "...except those who are disabled” (al-Nisa’, 4:94) which forms part of a longer verse.
In the light of the above verses, it is difficult to determine which verse is genuine (divine), which verse is altered and which verse is simply a human addition.
Before we reach a final conclusion, it would be appropriate for us to look at a few Islamic rulings which are open violation of human rights, but Islam retained some of them in their original form and some others with minor changes because these were common among the Bedouin tribes of pre-Islamic Arabia and were not considered flawed. Here are some examples:
(1) Punishment for adultery: First the Qur'an commanded such women to be imprisoned in the house for life according to the old custom of the Arab society (4:15) and later according to the second commandment they are to be stoned to death which was the punishment in the Torah.
(2) Punishment for theft: Verse 5:38 “As for the thief, both male and female, cut off their hands. It is the reward of their own deeds, an exemplary punishment from Allah. Allah is Mighty, Wise”.
(3) Violence against women: The Qur'an allows the husband to beat his wife for disobeying and speaking out, although severe beating, that is, beating that causes injury is forbidden. The purpose of the permission for husband to beat his wife lightly is to force her to obey. Reference: Majmooa-e-Qawaneen-ne- Islami, Published by Muslim Personal Law Board Page 150 Section 214
(4) Arrangement of marriage of a minor by the father or grand-father: If the father or grandfather arranged with good intention, the marriage of the minor to a person who is not equal to her in the society, for example, the husband is illiterate, poor or illiterate whereas the girl is from a civilized and educated family, then the marriage will take place and it will remain obligatory. In such a case, even after reaching puberty, the girl will not have the right to get the marriage annulled. In case the girl insists on annulment, she will have to prove to the Qazi the cruelty of the husband or that he is suffering from some communicable disease. Then, the Qazi will take the decision at his own discretion because in Islam, marriage is the slavery of the woman and after the marriage the husband becomes the owner of the wife's body just as the slave girl is his property. That is why the Mahr (dowry) is called “Maal-e- Buza in Islam, i.e. the price of woman’s vulva (her private parts). - Reference: Majmooa-e-Qawaneen-e- Islami, Published by Muslim Personal Law Board, Page 238 Section 323 with Arabic footnote.
Note: The custom of selling daughters by their fathers existed in the Arab society as one of four types of marriages before the advent of Islam with the exception that the mehr was then received by the father, not by the daughter).
(5) If a man remarries without the consent of the first wife and the first wife cannot bear the trauma and she only demands khula (separation), still the woman does not have the right to khula on that basis. (when Ayyub Khan introduced family laws in Pakistan and gave this right to the first wife if she is unable to reconcile, the Ulema of that country vehemently opposed it by saying that it was un-Islamic).
(6) In the case of Qisas (retaliation in kind), Islamic law says that if a Muslim kills an infidel, the Muslim will not be killed in return, but the heirs of the slain person will be forced to take Diyat (blood money). And the amount of Diyat is also very discriminatory. For example, in Saudi Arabia, where Islamic law is enforced, the Diyat of the slain people belonging to different religions is like this.
Diyat (blood money) of a Muslim victim is 100,000 riyals
Diyat for a Muslim woman and a Christian man is 50,000 riyals
Diyat of a Christian woman 25000 riyals
Diyat of a Hindu man is 6,666 riyals
Diyat of a Hindu woman is 3,333 riyals
(7) Apostasy: Apostasy is punishable by death or life imprisonment. A person is born in a Muslim home so he is called a Muslim without any reference to his will or consciousness. When he grows up and becomes an adult, he studies Islam honestly, reads the books written by his own elders and Islamic scholars and finds many things unreasonable or out of date. He is not satisfied with this religion and ultimately decides to leave it. Now, as per the Islamic law he will be given a chance to repent and come back to the fold of Islam within three days, but if he fails to do so in the stipulated period, he will be sentenced to death or life imprisonment. This practice is considered against the freedom of religion and freedom of conscience in today's world.
(8) If the father of a minor girl dies and she has no grandfather either, then her uncle or uncle’s son becomes her guardian. Now, if a situation arises when the minor girl is forced to be married , then her mother who gave birth to her, does not have the right to choose her daughter’s husband, instead, the uncle, and in his absence, the cousin of the minor girl will have the right to choose her husband.
(9) Marriage of a minor girl: Marriage of a minor girl is permissible in Islam. Even a three- or four-year-old girl can get married. Scholars advice the husband not to have intercourse with her until she becomes an adult, but if the husband does so and the child is injured or physically harmed as a result, then the husband, though, will be responsible for her treatment, but neither he will be punished in this world, nor will he be sinful in the sight of God.
(10) If a father kills his son or daughter, retribution (Qisas) will not be taken from the father even if the mother of the slain son or daughter demands it.
(11) Although slavery is now abolished, it is not without interest to know that if a master kills his slave, the master will not be killed in retaliation. This was the custom in the Arab society even before the advent of Islam. This practice continued in Islam.
(12) Offensive Jihad: The jihad movements being waged by ISIS, Boko Haram and various Islamic organizations in fact represent the true teachings of Islam, even though our scholars issue fatwas against it saying that their activities are un-Islamic. These are just rhetoric. After reading the commentaries of Maulana Abul-Ala Maududi, Syed Qutb of Egypt, Mufti Shafi Usmani of Pakistan and Allama Ibn Katheer etc, it becomes crystal clear that verse 193 of Surah Al- Baqarah demands from all Muslims to keep fighting for the world domination of Islam till the Day of Judgment.
However, Islamic jurisprudence allows Muslims to extend a hand of friendship and peace to non-Muslims wherever they are weak and do not have the strength to fight and win, but it is mandatory for them to try their utmost to strengthen themselves within, and when they are confident of victory in any part of the world, they must wage jihad under the leadership of a Khalifah and must reject the offer of friendship and peaceful coexistence and strive to enforce Sharia. This offensive jihad is farz-e-kifayah. ISIS and Boko Haram etc. are the true followers of real Islam. These organizations are citing the Qur'an and Hadith, particularly the war related verses of surah AL-Anfal, surah At-Taubah and surah Al-Baqarah (verse 193), as proof of their jihad being Islamic.
In fact, most of the above practices are those that were already prevalent in Arab society. The society in which Hazrat Muhammad (pbuh) opened his eyes was a tribal society consisting of illiterate Bedouin tribes. Obviously, in order to reform such a society, it was possible to reform it only within the limitations of the same social structure. For this, it was necessary to take into account their temperament, beliefs and habits. Shah Waliullah Muhaddith Dehlavi writes in his famous book Hujjatullah -ul-Balghah that, when prophets legislate Shara’e ( plural of Sharia) laws, they take into account all the hidden beliefs and habits that are embedded in the people such as the disease, “ Maraz-e- Kalb” (Rabies) is embedded in a person. Reference: Hujjatullah al-Balighah, Volume I, Page 224, Chapter 56.
See also Hujjatullah al-Balighah, Volume I, Chapter-73, Page No- 32. For further details.
Note: Mufti Abdul Quddus Rumi Saheb Marhoom, the then mufti shaher Agra, had serious objection to Hujjatullh-ul-Balighah being taught in Darul Uloom Deoband, by Qari Tayyab Saheb Marhoom, the then rector of the madrasah.
In the light of the above facts, it can be rightly assumed that not all the rules of Islam are eternal and universal, but most of the rules could only apply to that generation and that also for a certain period of time.
However, the fact that most of the teachings of the Qur'an are useful and worthy of imitation for humanity is beyond dispute. But we must also realize that the changes that Prophet Muhammad brought to Arab society were merely an improvement for that region and society of that time. In his time and in his generation, Hazrat Muhammad was a great social reformer. He created a new system of social security and a family structure that improved the previous system. We can accept the good things out of it and let go of the things that are harmful to us in the 21st century, such as offensive jihad, underage marriage, violence against women, etc.
Therefore, the change of time and place demands that Islamic jurisprudence be revised and amended so that it can meet the requirements of the 21st century.
In the light of the above facts, some people would be right in concluding that Prophet Muhammad (peace be upon him) was a great social reformer and that he adopted the method which was most appropriate at that time for the betterment of his uncivilized society. It seems that he himself may have felt that he was chosen by God to do this job. This is also conceivable in the light of the rational explanation offered by Shah Waliyyullah when, after mentioning Hazrat Muhammad and Hazrat Maryam seeing Hazrat Jibril and Hazrat Muhammad’s Meraj (ascending to heavens) experience and some other similar incidents, he has written, that all these things can also be considered as sensory existence, which means that it was merely a feeling of the person concerned i.e., Prophet Muhammad (peace be upon him) and Hazrat Maryam as is the case with a person in a state of sleep or illness when he visualises strange things and hears terrible voices which are his own feelings while in reality, they do not exist outside in the real world.
It is tragic, that all this information is contained in the writings of our elders. Allama Suyuti's al-Atqan Fi Uloom-il-Quran is available for external study in all Islamic madrassas including Darul Uloom Deoband, Mazahirul Uloom, Saharanpur, And Brailvi madrasas, all over the country and is part of the curriculum of Islamic studies at Jamia Millia Islamia and Aligarh Muslim University. Hujjatullah Al-Balgha is being taught in the specialization curriculum after Faraghat in Darul Uloom Deoband.
It is written in the same book, “Al-Itqan Fi Uloom-il-Quran that Hazrat A’esha said that after the death of the Holy Prophet, when People were busy preparing and burying his dead body, many verses of the Qur'an, including the verse of stoning and many verses of surah Al-Ahzab which were written on leaves and were placed under the pillow were eaten by the animal of the house (goat). Therefore, a large part of the Qur'an has now disappeared from the Qur'an. If so, what about God's promise to protect the Qur'an?
On his part, Shah Waliyyullah has written in Hujjatullah-ul-Balighah, “It was the duty of the prophet (Hazrat Muhammad) to establish the domination of Islam over all other religions and not leave anybody outside its domination whether they accept it voluntarily or after humiliation. Thus, the people will be divided into three categories.
“1) Those who follow the religion of Islam inwardly (sincerely).
“2) Those who follow Islam outwardly because they have no other option and no capability to resist.
“3) Lowly Kafir (unbelievers), who have to be tasked with lowly labour works like harvesting, threshing, carrying of loads, for which animals are used.
“The messenger of God also imposes a law of suppression and humiliation on the kafirs and imposes jizya on them in order to dominate and humiliate them …. He does not treat them as equal to Muslims in the matters of Qisas (Retaliation in kind), Diyat (blood money), marriage and government administration so that these restrictions should ultimately force them to embrace Islam.”
Now, our claim of Islam being a religion of peace and “la ikraha fiddin” (there is no compulsion in religion) becomes meaningless. It should have happened that these books would not have existed in the first place, or if they had, they should have been burnt in the beginning if our Ulema wanted to protect the Muslims’ aqeedah (faith) in prophethood.
The questions that naturally come to mind after reading these books have no satisfactory answers. Instead, the questioner is only asked not to let these questions prop up in his mind, lest the faith in prophet-hood should be lost. How is this possible?