Curley’s Wife Essay

Explore the ways Steinbeck presents one or more minor characters in ‘Of Mice and Men’ In this essay I will be giving you an insight on how Steinbeck presents one minor character in the novel, Of Mice and Men. John Steinbeck wrote the novel in 1937 the novel is set on a ranch in the Salinas Valleys in California during the Great Depression due to the Wall Street Crash in America. America’s stock market crashed and many people ended up unemployed which led to them leaving their families to look for jobs around America including some of the characters in the novel.My essay is focused on Curley’s wife and I will be discussing the ways Steinbeck presents her appearance, personality, dreams and the ranch worker’s views her. Steinbeck presents Curley’s wife as a flirtatious woman and attention seeking towards other men. This is shown on (page 53) â€Å"She wore a cotton house dress and red mules, on the insteps of which were little bouquets of red o strich feathers roughed lips, wide spaced eyes, with red fingernails†. This quote foreshadows and signifies that Curley’s wife will have sexual feelings to other men throughout the story because of the ways she appears and acts.Steinbeck also presents her wearing the colour red throughout the story. The colour red is a colour synchronised with danger this shows that people should keep away from her because she may be dangerous. The colour red can also be synchronised with love and romance this means that she could be flirtatious towards other men and she also can show love towards them. This is why she dresses this way it also suggests to the reader that Curley’s wife acts seductively towards other men because she dresses up in a seductive way so she can catch the attention of other men on the ranch such as George and Lennie.She dresses that way because she is a tramp and they like to seduce other men towards them despite having a husband called Curley. This also shows that she is not really loved by Curley because she needs other men to catch her attention and body. She also could be found innocent â€Å"wide spaced eyes† this is something which she cannot help. The worker’s on the ranch view Curley’s wife in a negative way. Evidence to support this is â€Å"I seen em’ poison before, but I never seen no piece of jailbait worse than her â€Å"Said George (to Lennie).This quote suggests that Curley’s Wife is unsafe to be around because she is â€Å"Jailbait† meaning she is a young woman considered in sexual terms. This shows that Curley’s wife could land Lennie in jail due to her being presented in that way. Due to Lennie calling her â€Å"Jailbait† this means that the reader is supposed see Curley’s wife in a negative way. This would also make the reader predict that Curley’s wife would be dangerous, trouble and bad as the story progresses. George also says â€Å"worse than her† this is suggesting that she is the worst jailbait he has seen.The reader also learns that they have encountered a problem like this before â€Å"I seen em’ poison before† this shows that they have come across another women like this before. We see this in the introduction  In Weed, Lennie â€Å"pets† a girl’s pretty dress and frightens her away which makes George and Lennie run out of town due to people chasing them. This quote may be prejudicing the reader because before the reader has actually learnt much about the character they are already presenting her in a negative way.This is because women were not seen as important in the 1930s and they had no rights therefore women were not well-respected so men could just talk about women in that manner. Steinbeck presents Curley’s wife in a provocative way so she can be noticed. This suggests that she uses provocative body language, ‘she put her hands behind her back and leaned against the door frame so that her body was thrown forward’. This is her flimsy excuse to be with the men on the ranch. She both talks and acts playfully and flirtatiously in front of the ranch workers.She behaves in this manner because her sexuality is her only weapon to gain attention. Therefore this makes her body as an object because by using her body she can be noticed. Loneliness is a major theme in the novel. This suggests that she does this because she is lonely; she is the loneliest character in the story. She is also the only woman character so she needs company by anyone. Her husband, Curley does not really love her and she does not love him. Several times throughout the story she does this she says she’s looking for Curley but really that is just an excuse to be with other men.Steinbeck makes great use of isolation; it is shown throughout the story. Curley’s Wife is a character who is isolated. This shows that she is isolated because she can’t really go anywhere nor do much on a ranch so she needs people to keep her busy so her time can pass by. The main theme of the novel is ‘The American Dream’. Like many characters in the book, Curley’s wife also has a dream. She dreams of being a film star. Steinbeck makes very good use of dreams throughout the novel. Steinbeck uses context ‘The American Dream’ to present Curley’s wife’s dream.This can be shown in chapter five on (page 125) â€Å"Could ‘a been in the movies an’ had nice clothes- all them nice clothes like they wear. An’ I could ‘a sat in big hotels and had pitchers took of me. This quote shows that ‘The American Dream’ is important context here. ‘The American Dream’ states that anyone can achieve anything they dream of in America. However, for Curley’s wife, like lots of ordinary Americans, this does not turn out to be reality. She also repeats â€Å"I couldaâ €  this suggests that it could have been but now is no longer a possibility.Instead being in Hollywood she is stuck with her unloving husband Curley who does not really care for her. This may be the reason she is always attention seeking around the ranch so she can get noticed because her dream was to be noticed and â€Å"had pitchers† took of her. Steinbeck presents her in regret who has failed in life. In addition she talks about how she wants people to take pictures of her so she can be famous. She also says this before Lennie kills her this suggests Steinbeck’s view of the pointlessness of dreams.

Law and Morality Essay

Morality can be described as a set of values common to society, which are normative, specifying the correct course of action in a situation and the limits of what society considers acceptable. Law on the other hand according to Osborn’s Concise Law Dictionary is a rule of conduct imposed and reinforced by the sovereign. A body of principles regognized and applied by the state in the administration of justice. If law is to enforce morals, then it is faced with the problem that what one person considers immoral, another might not, so which viewpoint should the law uphold. This can be seen in the case of Gillick v West Norfolk and Wisbech Area Health Authority (1986) where Mrs Gillick sought a declaration that what she saw as an immoral activity (making contraceptive advice and treatment available to girls under the age of consent) was by nature of its immorality, illegal. This was a moral conflict as some saw this as immoral – it encouraged underage sex – others felt it was moral as young girls would engage in underage sex anyway , but contraceptives would prevent unwanted pregnancies. Which viewpoint would the law support. The House of Lords ruled against Mrs Gillick but stated that they were governed by the relevant statutes rather than moral arguments. What then is the relationship between law and morality. What are the differences and similarities The vast differences between existing theories of the basis of law often fail to notice the fact that they are based on the practice of comparing an act to certain standards in order to determine its legality. [1] Different approaches differ in terms of which standards are compared and assessed, though both ultimately assess acts to certain standards to determine their legality or morality. The two leading theories on the topic are positivism and naturalism – the debate between the two has fuelled theorists for centuries. Many observers of positivism presume that it completely dismisses any role of morality in the application of the law, while naturalism bases the existence and validity of law on moral bases. Although the theories are fundamentally different, it is argued that a link between law and morality is glaringly obvious and unavoidable, no matter which side one chooses to follow or favour. This paper will seek to argue that claims which deny any link between law and morality are weak and flawed at best, and apply in a limited manner to simple, straightforward cases. The mere existence of the ‘hard case’ and of court deliberation provides a great deal of evidence for not only the existence of the link between law and morality, but also the necessity of such a link. The naturalist and positivist theories will be explored in order to assess whether the link between law and morality can survive its critics and strengthen the faith of its followers. Legal Positivism Positivists claim that objective morality simply cannot exist because values consist of different attitudes towards and beliefs about certain values. [2] Attitudes and beliefs differ between individuals and cause us to react to a certain act in a subjective manner. Moral perceptions are predominantly emotional, so that such assessments in the realm of the law cause uncertainty and inconsistency. It also fails to recognise difficult cases and the possibility of new cases arising. The apparent main flaw of positivism is that it is unable to explain the legal deliberation which takes place in the courtroom, particularly the difficult cases which have no apparent ‘yes or no’ answer. The very difficulties posed by interpreting the law and applying it to everyday circumstances are unable to be adequately explained by positivism. Indeed, there is a distinction here between hard and soft positivists; the latter do recognise a form of moral basis upon which written laws are perched. Yet both soft and hard positivists are at pains to explain how hard cases arise, in which there is simply no right or wrong answer, and in which morality may unavoidably take a central role. Morality and the Naturalist Approach Naturalists claim that non-legal considerations such as ideological, moral and political factors are not only relevant to the posited law, but that law is also based on such factors. The central argument of naturalism is that objective knowledge of right and wrong can and does exist, and that this provides the basis for legal decisions as well as for the validity of law. Naturalists such as Aquinas[3] claim that natural law provides the basis of validity for posited laws. Rousseau[4] believes that positive law cannot override or entrench upon certain existing natural rights; Aristotle claims that natural justice exists independently of individual perceptions of or opinions on it. [5] Jeremy Bentham proposed utilitarianism where moral action was the one that produced good for many, even it was at the expense of one – the greatest good for the greatest number. John Stuart Mill’s refinement of the idea argues that while this is true the individual should not have to follow society’s morals and should be free to act as they wish provided they do not harm others. The problem arises in defining who are included in others and what is harm. It is clear that naturalist claims to provide a strong link between law and morality, the latter of the two being a basis upon which the former is based. Judges, when they interpret and apply posited law, often make non-legal considerations in order to apply the law effectively. Naturalism, however, has a major flaw in that it claims the existence of objective morality. There are many case examples which suggest otherwise. [6] One presented with two rather extreme and different concepts of the link (or not) between law and morality. Is it plausible that such a links exists? Is there evidence for such a link, and how does it serve to affect how the law is administered? Does there really need to be objective knowledge of right and wrong in order for the link to be maintained? In order to explore these questions, the ever-elusive ‘difficult case’ will be assessed. It will be argued that the link between law and morality is not weakened by the argument that objective knowledge of right and wrong is nonexistent. The debate over the relationship between law and morality came to the forefront in the Hart/Devlin debate which followed the publication of Wolfenden Report in 1957. The report recommended the legalization of prostitution and homosexuality on the particularly untilitarian basis that â€Å"the law should not intervene in the private lives of citizens or seek to enforce an particular pattern of behaiour further than necessary† to protect others. Hart supported the report’s approach stating that legal enforcement of moral code is unnecessary. Devlin on the other hand was strongly opposed to the report. He felt that society had a certain moral standard which law was obliged to uphold as society would fall apart without a common morality. Devlin felt that this morality should be based on the views of the ‘right-minded person’ and that legislature should adhere to three basic principles: (1) Individuals should be allowed as much freedom and privacy as is possible without compromising morality. (2) Parliament and the judiciary should be cautious about changing laws relating to morality and (3) punishment should be used to prevent actions considered abominable to ‘right-minded people’. Hart opposed this view questioning what was ‘right-minded’ and submitted four reasons for not criminalizing what the ‘right-minded person† objected to. (1)Punishment of someone does harm to them only and if their actions involved no one else this was not right. (2) Free will is very moral, so interferance with free will would be immoral, (3) Free will allows learning through experimentation and (4) legislation surpressing an individual’s sexuality will harm them, as it can affect their emotional state. For the majority of legal issues, judges are not required to deviate from posited law and precedent in order to decide. The law makes murder wrong, and it has been a long-standing principle that taking the life of another is morally abhorrent. Yet what of the ‘hard cases’? What if A kills B in self-defence? What if C forced A to kill B else A lose his own life? What if the application of a law is indeterminate? Can posited law be applied without recourse to moral reasoning? Positivists such as Dworkin and Hart differ in their approach. Dworkin claims that there will always be applicable law,[7] while Hart claims that judges can make non-legal considerations under such circumstances. [8] Hart’s theory is applicable to the less open-textured terms where changes made by non-legal considerations are the result of â€Å"resemblances which can reasonably be defended as both legally relevant and sufficiently close. †[9] The judge thus utilises morality as a way of choosing between pre-existent definitions, without devising his own definitions. Although Hart is classed as a positivist, he does acknowledge a â€Å"core of indisputable truth in the doctrines of natural law†[10] which enables law to be based on something more than simply factual considerations. Hart’s theory can be interpreted as recognising a form of natural law, although he does stipulate that having recourse to moral values does not always ensure that law and its application will be just. This assessment of Hart’s approach is plausible, and it serves to create a link between law and morality which avoids the objective criticism of the naturalists. It provides a strong argument for a link between law and morality which is based on interpretational, social considerations which are evident in the courtroom today. It is perhaps necessary to query: does the law define what is right and wrong, or do we determine good and bad independently of the law? There are certainly evident customs in society which have strong influences on the way we behave. Such customs are not implemented by the law or backed by a sanction; they are simply examples of moral codes within a society which exist independently to the law. Does this mean that law and morality have no connection so that the latter can only be found in customs? Does a moral rule backed by the law become a valid law no matter what its content? It is arguable that even majority abhorrence of an act does not make it an immoral act per se, despite the fact that societies need a shared moral outlook in order to exist. [11] It could thus be suggested that the law is simply an embodiment of the current moral outlook of society; like morality the law changes according to attitudes and social tolerance. It is such observations that cause the positivist shunning of the link between law and morality to become less convincing. It is even arguable that the obeying of law is based on the recognition of the moral rule that law should be obeyed; the threat of sanction is evidently not enough to deter some. It could further be argued that the only reason that legislation has authority as law is because of the moral structure of a society. As has already been mentioned, the law develops and evolves according to moral outlooks; this can be seen where laws prohibiting same sex marriages and abortion have been abolished. If the law were completely disconnected from morality, why has it developed and evolved over time? Why does social pressure to repeal or change law often achieve its goal? The Link Between Law and Morality – Evidence Dworkin claims that courts refer to non-legal (moral) standards when deciding hard cases. Assessing and taking into account moral and political considerations has the potential to create a complex web of law and â€Å"justify the network as a whole†. [12] It is strongly arguable that deciding difficult cases without appealing to non-legal considerations is futile – the reason that such cases are ‘hard’ is because the law does not provide enough direction. However, it is important here to stress that decisions are not free to be made according to personal convictions – judges are on the contrary required to carefully weigh social factors in applying and interpreting the law. Dworkin’s theory in this sense is able to escape the positivist criticism that non-legal convictions are ultimately subjective. Rather, the judge is assigned the difficult interpretative task which is seen constantly in court. This is evident in cases such as that of Re A (Conjoined Twins)[13] in which moral judgements were inevitable and necessary in applying the law to the specific circumstances of the case. Ultimately, the judges were faced with the decision of killing one twin in order to save the other, or to not act and cause the death of both twins. While moral judgements are dangerous ground here, a positivist could not argue that the law as it is could be applied simply and without problem – often the law is simply not enough. The law in this case proved of very little aid – how is one to decide whether A’s life has more importance or value than B’s life? While moral considerations could have caused the decision to fall either way, it must be stressed that such situations must risk the dangerous ground created by moral convictions, particularly because the law provides little guidance. Simple cases indeed provide evidence that a link between law and morality is not only non-existent, but also not necessary. [14] Yet the ever-emerging hard cases cry otherwise; they not only highlight the constant shortcomings of posited law, they also emphasise the need to acknowledge and utilise the link between law and morality. Although theorists claim that natural law need not override positive law, except when the two conflict, this serves to strengthen the link between law and morality. If there is no link between law and morality, then how can conflict occur in the first place? Why does public outrage occur when an ‘unjust’ law breaks the boundaries of social tolerance? Those who claim that there is no link between law and morality utilise the naturalist claim to objective morality as their basis for criticism. Yet the term ‘universal morality’ need not apply to the universe as a whole. It is plausible, and certainly does not discredit the naturalist theory, that ‘universality’ or ‘objectivity’ remains as such despite being applied or interpreted differently between societies. Because the universal moral to preserve life may allow the sick to be killed in primitive societies to save sparse resources for the healthy, while requiring that all efforts be made to save every life possible in richer, more able societies. The moral principle – the preservation of life – still remains existent, it is simply expressed and applied differently between societies. [15] Conclusion There are various theories which discuss how law and morality should relate to each other. The current approach by the legal system seem to be that a common morality , based on traditional values should be maintained by the law as exposed by Devlin. Cases such as Shaw v Director of Public Prosecutions (1961) and Knuller v Director of Public Prosecutions ( 1972) made use of the conspiracy to corrupt moral. This had not been done since the 19th century. This was the beginning of the law to attempt to uphold society’s moral values according to Devlin’s doctrine. This approach continued as the more recent case of R v Brown (Anthony) 1992 demonstrates. The defendants had had willingly consented to various sado-masochistic practices and none of them reported it to the police. Yet they were prosecuted and their convictions were upheld by both the House of Lords and The European Court of Human rights, based on public policy to defend the morality of society. Whether or not the law should uphold the moral values of society is still debated. Those who criticise the link between law and morality often rely on the argument that no single opinion of correctness can exist,[16] yet such criticisms presuppose that such a link requires a single notion of correctness or justice. [17] It does not require such a single notion; it merely requires the recognition that legal considerations are often not enough, and that the interpretational practice which takes place is indeed a result of the link between law and morality. To ultimately deny a link between law and morality is to entirely discredit legal precedents, lengthy assessments of judge decisions, and the controversy of many difficult cases. It is also to turn away from the glaringly evident evolutions and changes which have occurred in the legal sphere – to ignore the changing of legal standards according to societal outlooks. Such evidence is difficult to ignore. Upon which other basis does the law stand if it does not reflect the moral tolerances and standards of the society which is subject to it? Bibliography R Alexy, ‘On the Thesis of a Necessary Connection between Law and Morality: Bulygin’s Critique’ (2000) 2 RJ 13, 138-147. T Aquinas, ‘Summa Theologiae’, in Selected Political Writings, JG Dawson (trans), AP D’Entreves (ed) (BB, Oxford 1970). J Bentham, Of Laws in General, HLA Hart (ed) (AP, London 1970a). J Bentham, An Introduction to the Principles of Morals and Legislation, JH Burns, HLA Hart (eds) (AP, London 1970b). E Bulygin, ‘Alexy’s Thesis of the Necessary Connection between Law and Morality’ (2002) 2 RJ 13, 133-137. P Devlin, The Enforcement of Morals (OUP, New York 1996). R Dworkin, Law’s Empire (Belknap Press, Cambridge, Mass. 1986). J Finnis, Natural Law and Natural Rights (OUP, New York 1980). HLA Hart, The Concept of Law (CP, Oxford 1961). HLA Hart, The Concept of Law (2nd edn, OCP, Oxford 1994). DD Raphael, Moral Philosophy (OUP, Oxford 1994). R Wacks, Understanding Jurisprudence (OUP, Oxford 2005). ———————– [1] R Wacks, Understanding Jurisprud). ence (OUP, Oxford 2005 [2] DD Raphael, Moral Philosophy (OUP, Oxford 1994) ch. 2. [3] T Aquinas, ‘Summa Theologiae’, in Selected Political Writings, JG Dawson (trans), AP D’Entreves (ed) (BB, Oxford 1970) pt. 2, qu. 94, art. 2. [4] JJ Rousseau, The Social Contract (OUP, Oxford 1762). [5] Aristotle, Nichomachean Ethics, H Rackham (trans) (William Heineman, London 1938). [6] Corbett v Corbett (1970) 2 WLR 1306 CA per Ormrod LJ. [7] R Dworkin, Law’s Empire (Belknap Press, Cambridge, Mass. 1986) 32-34. [8] HLA Hart, The Concept of Law (2nd edn, OCP, Oxford 1994) 145-147. [9] HLA Hart, The Concept of Law (CP, Oxford 1961) 127. [10] HLA Hart, 1994, op. cit. , 146. [11] P Devlin, The Enforcement of Morals (OUP, New York 1996). [12] R Dworkin, 1986, op. cit. , 245. [13] (2000) 4 All ER 961, (2001) 1 FLR 1 CA. [14] J Finnis, Natural Law and Natural Rights (OUP, New York 1980) 33-34. [15] J Finnis, 1980, op. cit. , 34. [16] E Bulygin, ‘Alexy’s Thesis of the Necessary Connection between Law and Morality’ (2002) 2 RJ 13, 133-137. [17] R Alexy, ‘On the Thesis of a Necessary Connection between Law and Morality: Bulygin’s Critique’ (2000) 2 RJ 13, 138-147.

Some Aspects of Muslim Educational System in Pre-Colonial India

SOME ASPECTS OF THE MUSLIM EDUCATIONAL SYSTEM IN PRE-COLONIAL INDIA by Aamir Bashir ABSTRACT This paper explores some of the hitherto less known aspects of the Muslim Educational System in pre-colonial India. It examines the broad contours of this system by looking at the public attitude towards knowledge, scholars and students; the various types of institutions, and the evolution of curriculum. It also looks at the depth of Indian scholars’ engagement with IadEth and other sciences. Finally, it also looks at Sufis and their attitude towards the various Islamic sciences.The paper suggests that the educational system of the period under study was organic in structure and was in tune with the needs of the individual and the society. The course of study was a good balance between the temporal and the religious. Indian ‘ulamE were fully engaged with the IadEth sciences; and lastly, the Sufis gave great importance to all Islamic sciences. This paper suggests that the historic al Muslim educational system in pre-colonial India provides valuable resources for the problems faced by modern educational systems.INTRODUCTION The aim of this paper is to bring to light some of the hitherto less known aspects of the Muslim Educational System in pre-colonial India. By pre-colonial India, we refer to the time from the advent of Islam in India in the beginning of the eighth century CE up to the consolidation of colonial rule in the middle of the eighteenth century. 1 This short paper cannot do justice to all the details of the Muslim Educational System during this period. Therefore, we shall confine ourselves to only some aspects of it. These include the evolution of the curriculum over the centuries, and general contours of the educational system.We will also be challenging some conventional theories. These include the notion that before the coming of the press, books were in short supply in India. The other is that IadEth was little known in India until the coming of ShEh WalE AllEh (d. 1762). We will be presenting individual incidents which we feel to be representative of a broader trend and from these we shall draw general conclusions. During the period under study Muslim rule gradually extended from Sindh to include the whole of Northern India until it became one of the three major Muslim powers of that time under 1All the dates mentioned in this paper are CE (common era) dates unless otherwise noted. the Great Mughals,2 Ottoman Turkey and Safavid Iran being the other two. Such a strong and vast empire required a strong administrative structure which in turn required an effective system of education. As we shall see later, education was sufficiently sought after, and provided for during this time, such that India at that time could favourably compare and often compete with the central lands of Islam in the field of scholarship. 3POSITION OF KNOWLEDGE AND EDUCATION IN ISLAM We begin our analysis with looking at the position of knowledge and education in Islam. Numerous Qur’anic verses and Prophetic traditions establish the centrality of knowledge in Islam. The verses include â€Å"Are those who know and those who do not know alike? † (39:9); the first revelation â€Å"Read in the name of your Lord who created† (96:1); and the prayer taught in the Qur’an, â€Å"Say (O MuIammad), My Lord! Increase me in knowledge† (20:114). Similarly, the Prophetic traditions (aIEdEth) exhorting people to seek knowledge are also well known.Examples include the famous tradition in which the Prophet is reported to have said, â€Å"It is obligatory upon every Muslim to seek knowledge. †4 At another time, he said â€Å"Seek knowledge even if you have to go to China. †5 Similarly, al-TirmidhE has reported a IadEth in which the Prophet (Allah bless him and give him peace) said, â€Å"The excellence of a scholar upon the worshipper is like my excellence over the lowest one amongst you. † 6 This emphasis upon knowledge and education has been taken for granted in Muslim societies since the beginning of Islam.The religious basis for the pursuit of knowledge resulted in defining the objective of education as al-fawz bi al-sa‘Edah fi al-dErayn i. e. to succeed through bliss in this world and the hereafter. This in turn implied that education should be acquired 2 â€Å"Great Mughals† is a term used to refer to the first six Mughal Emperors of India. These are, in chronological order, BEbar, HumEyEn, Akbar, JahEngEr, ShEh JahEn and Awrangzeb. These are the first and the greatest of all Mughal Emperors. In all, they reigned from 1526 to 1707 with a fifteen year interregnum from 1539 till 1555.The empire reached its zenith with Awrangzeb (reigned from 1658-1707) and after his death began her decline which ended with the capture of the last Mughal emperor BahEdur ShEh Zafar at the hands of the British in 1857. 3 S. M. Jaffar, Education in Muslim India, (Delhi: Id Era Adabiyyat-e-DillE, 1972), viii. 4 AbE Bakr AImad ibn al-? usayn al-BayhaqE, Shu‘ab al-OmEn, (Beirut: DEr al-Kutub al-‘Ilmiyyah, 1410AH), 2:253. 5 Ibid. 6 MuIammad ‘Abd al-RaImEn ibn ‘Abd al-RaIEm MubErakpurE, TuIfat al-AIwadhE bi SharI JEmi‘ al-TirmidhE, ed. Abd al-RaImEn MuIammad ‘UthmEn, (Beirut: DEr al-Fikr, n. d. ), 7:456. 1. To understand the will of God and to lead one’s life according to it. 2. To inculcate Islamic values in oneself. 3. To cultivate cultured behavior in oneself. 7 As can be seen from these objectives, acquiring knowledge was considered a sacred duty. It was the sole means to success. Knowledge (‘ilm) and practice (‘amal) were inter-linked. Instruction (ta‘lEm) went hand in hand with training (ta’dEb). The traditional Islamic concept of education was, thus, holistic as understood at that time.Muslim scholars had divided knowledge into two parts, the farI ‘ayn (individually obligatory ) and the farI kifEyah (collectively obligatory); but there was no strict separation between the religious and the secular sciences. Both formed part of an integrated whole. THE GENERAL ENVIRONMENT AND PUBLIC ATTITUDE As we have seen above, Islam has placed considerable emphasis upon knowledge. Because of this we find that, historically, the general attitude of Muslims, throughout the world, towards knowledge, scholars and students had been that of reverence.In every land, there were to be found a significant number of people who had dedicated themselves to learning and/or teaching. At the same time, the general public considered it an act of worship to help the scholars and the students. This public attitude coupled with safety of the roads maintained by stable and strong Muslim governments, enabled people to move across great distances in search of knowledge. In spite of the crude means of conveyance, people were constantly on the move; students setting out to learn, teachers trav eling to teach. GhulEm ‘AlE OzEd BilgirEmE (d. 785) writes in his book Ma’Ethir al-KirEm, which is a historical account of sixteenth/seventeenth century Mughal India, that: Seekers of knowledge travel in multitudes from one place to another. Wherever, the situation is agreeable, they get busy in learning†¦. The well-to-do people of each town take care of these seekers of knowledge and consider it a great honour to serve them. 8 7 8 Al-Nadvi & Moinuddin, Survey of Muslim Education: India, (Cambridge: The Islamic Academy, 1985), 5. Sayyid ManE? ir AIsan GElEnE, PEk-o-Hind main MusalmEnon kE Ni? Em-e-Ta‘lEm-o-Tarbiyyat. Lahore: Maktaba RaImEniyya, n. d. ) 19. The teachers occupied a high position in society. Though their emoluments were not always great, they commanded universal respect and confidence. GilEnE mentions a number of incidents when the teachers, in spite of their poverty, refused to accept any monetary help from others; and whatever help or gift was accepted, the giver always considered it to be an honor for his gift to have been accepted. 9 This attitude was widespread throughout the period under review. Even absolutist monarchs showed deference to the ‘ulamE and the Sufis. Ni?EmE has also mentioned several incidents of ‘ulamE and Sufis refusing royal gifts even while suffering from abject poverty. 10 For many, poverty was a chosen path and the royal gifts were seen as undoing years of patient hard work. INSTITUTIONS The main institutions for teaching and learning during the period of Muslim rule in India were maktabs and madrasahs,11 mosques and khEnqEhs (Sufi centers), and private houses. Almost every mosque served as an elementary school. However, a large number of eminent scholars and men of letter taught independently and even supported the students who came to them to study.This then was the foundation upon which the whole system was built; the teacher and the student. The issue of budgetary allocations for school buildings and provision of other services was not the top most priority for these people. What was most important was the existence of a sincere teacher and a sincere student. If these two were obtaining, other things could be improvised. OzEd has mentioned a famous teacher of his hometown Bilgiram, MEr MubErak. He taught there for years but throughout this time, he was based in the verandah of a certain noble of the town. verandah. 2 At the same time, the state was not negligent to matters of education. Kings as well as local Nawabs and other well-to-do people considered it an act of virtue to build maktabs, madrasahs and to support teachers and students. We find a network of such institutions; oneman schools as well as larger more organized affairs; scattered throughout the length and breadth 9 Hundreds came and studied from him but he continued to operate from that Ibid. , 24. Khaliq Ahmad Nizami, Some Aspects of Religion & Politics in India during the 13th century, (Bomba y: Asia Publishing, 1961), 152-156. 1 It should be noted that madrasah refers to an institute which offers a comprehensive multi-year course in Islamic studies. It is different from a maktab which refers to part-time schools that offer basic instruction in reading the Qur’an and basics of Islam. 12 GElEnE, 21. 10 of India. All three levels viz. elementary, secondary, higher, were catered for. However, no one level dominated in any one institution. Private houses were being used to provide basic elementary education but at the same time could be seen to provide advanced studies to those interested.In fact, this lack of bureaucratic uniformity was this system’s greatest strength. The system reflected the needs of the people. It accommodated the grassroots desires and ambitions of people regarding education. Thus, we find huge well-funded, well-organized madrasahs existing side by side with one man schools operating out of private houses. 13 The student had the liberty of choosing which teacher to study from. Problems of admissions and school discipline were rare. The focus was on the real thing: education; with very little squabbling over the means to acquire it.Muslim rulers also patronized scholars. Amongst the earliest examples is that of the famous theologian Fakhr al-DEn al-REzE (d. 1209). He was also a great philosopher and expert in many Islamic sciences. He was patronized by many rulers. Among these was ShihEb al-DEn GhaurE (1206), the founder of Muslim rule in India proper. It is reported about him that he had al-REzE stay in his camp wherever he went. Al- REzE was the official prayer leader and delivered sermons and lectures in the camp. 14 COURSE OF STUDY Muslims first reached India as conquerors in the beginning of the eighth century.The intellectual climate of their Arab homeland was extended to Sindh, the portion of India that had been conquered. At this stage we find an active participation of Sindh based scholars in the field of Iad Eth. Their names appear in the chains of transmission of aIEdEth that were later on recorded by other IadEth masters. Some of their names and works have also been mentioned by ‘Abd al-? ayy al-? asanE in his al-ThaqEfah al-IslEmiyyah fi al-Hind. 15 However, this period lasted for only four centuries and Muslim rule was confined to Sindh and Multan (southern Punjab).Beginning towards the end of the tenth century, Muslims began to enter India from the North-West in successive waves, each time extending their territories even further towards North and Central India. Along with each invading army, and on 13 14 Ibid. MuIammad ShafE‘, FutEI al-Hind, (Karachi: IdErat al-Ma‘Erif, 2002), 60-61. 15 ‘Abd al-? ayy al-? asanE, al-ThaqEfah al-IslEmiyyah fi al-Hind, (Damascus: Mujamma‘ al-Lugha al-‘Arabiyyah bi Dimashq, 1983), 135. their own as well, came ‘ulamE and Sufis. Both had a role to play in the spread of Islamic knowledge in India.Major cities in the newly acquired territories quickly turned into centers of learning. Initially, Multan, then Lahore and finally Delhi became the pre-eminent centre of learning in North India. 16 This second period starting from the end of the tenth century lasted until the last quarter of the fifteenth century. During this time, India benefited enormously from an otherwise unmitigated disaster. The Mongol hordes that ravaged Central Asia, Afghanistan and Khorasan forced many of the scholarly families based there to migrate to other countries. India was the top destination for them.Not a day passed but a noteworthy scholar would arrive in Delhi with camel loads of books. The Indian rulers were fully aware of the worth of the newcomers. They made them feel extremely welcome. Every newcomer was given a post or a stipend or an estate to support himself and his family. Thus, the nascent Muslim community of North India benefitted from a continuous supply of scholars and books. During this period, the education system in North India consisted of three stages: At the first stage, as has been the practice throughout Muslim history in all Islamic lands, a child’s education began with the Qur’an.Each locality had teachers who specialized in tajwEd, the art of recitation of the Qur’an. It is mentioned about Ni? Em al-DEn AwliyE (d. 1325), the great Chishti Sufi saint of Delhi, that he started his education in his hometown, Badaun. This began with learning how to read the Qur’an. His teacher was a freed slave who had converted from Hinduism to Islam and knew the seven major recitations of the Qur’an. 17 After Qur’an, students would normally move on to Persian, the official language of the country. Most of the major works of Persian prose and poetry were studied. These included the works of major writers such as Sa‘dE, ? Efi? SalmEn SaojE, AnwarE, and others. 18 The education of the general population normally stopped at this level. Howeve r, it seems reasonable to assume that some elementary Arabic was also taught at this stage because the students were expected to understand the Arabic phrases that were often used in Persian books and regular conversation. We also find 16 17 Ibid. , 9-10. GElEnE, 139. Also cited by Nizami in KhalEq AImad Ni? EmE, IslEmE TehzEb kE Asar HindustEn par, (Lucknow, Majlis TehqEqEt-o-NashriEt-e-IslEm, 1982), 42. 18 GElEnE, 141. people with only basic education being able to freely quote from the Qur’an and Prophetic traditions. 9 The second stage was dedicated to an intensive study of the Arabic language as well as fiqh. Some of the books taught at this stage included: KEfiyah and MufaIIal for Arabic grammar; and MukhtaIar al-QudErE and Majma‘ al-BaIrayn for HanafE fiqh (Jurisprudence). Later on, MufaIIal gave way to SharI JEmE and SharI WiqEyah replaced Majma‘ al-BaIrayn. 20 Education up to this level was considered sufficient for those wanting to engage in teaching, pr eaching, etc. and entitled one to be called a dEnishmand (wise man) or a mawlawE. Studies at this level would correspond to the fourth year of study in the present-day eight year Dars-eNi?EmE. In the third stage, also called faIElat, advanced books of each science were studied. These included al-KashshEf and MadErik al-TanzEl for tafsEr (Qur’anic Exegesis), MishkEt al-MaIEbEI and MashEriq al-AnwEr for IadEth, al-HidEyah for HanafE fiqh, and UIEl al-BazdawE for uIEl alfiqh (principles of jurisprudence). Along with these, major works in the various branches of balEghah (rhetoric) were also studied. The one who completed this stage was called a fEIil. As can be seen from this brief outline, rational sciences and kalEm (dialectics) were not paid much attention in the regular curriculum.Only a few basic texts of logic and kalEm such as al-QuIbE and SharI al-OaIE’if were studied. 21 In fact, the general attitude amongst the ‘ulamE towards these is best summed up in thi s statement of FatEwE al-TEtErkhEniyah, a fatwE collection compiled during the fourteenth century: The issues of ‘ilm al-kalEm lead to new dissentions (fitnahs) and innovations and cause deterioration of faith; (and) the ones who normally engage in it are either less-intelligent or are seeking to dominate rather than seeking the truth. 2 This all changed towards the end of the fifteenth century and the beginning of the sixteenth century. During this third period which lasted until the beginning of the eighteenth century, logic, philosophy, and kalEm got new impetus. At this time, many students of SharEf JurjEnE and Sa‘d al-DEn TaftEzEnE moved to India and brought with them new books on grammar, 19 20 21 22 Al-Nadvi & Moinuddin, 4. Ibid. , 5. GElEnE, 151. Ibid. , 155. rhetoric, kalEm and fiqh. 23 Later, FatIullEh ShErEzE came to India from Iran and brought with him works of DawwEnE, MullE OadrE and MirzE JEn.These works were readily accepted by Indians and before long the se became part and parcel of the curriculum. 24 Again during this period, purpose built institutions existed side by side with individualized private instruction. The fourth period can be said to have begun from the early part of eighteenth century lasting until the founding of DEr al-‘UlEm at Deoband in 1866. This period is characterized by the presence of two very important personalities. Each of them contributed to education in his own way. One is ShEh WalE AllEh of Delhi and the other is Ni? Em al-DEn SihElvE of Lucknow (d. 1748).WalE AllEh focused on the teaching of IadEth especially the OiIEI Sittah (the six major collections of IadEth viz. OaIEI al-BukhErE, OaIEI Muslim, JEmi‘ al-TirmidhE, Sunan AbE DEwEd, Sunan al-NisE’E and Sunan Ibn MEjah) and al-MuwaIItE of MElik ibn Anas. Later on, WalE AllEh’s son ShEh ‘Abd al-‘AzEz, operating from his base in Delhi, helped to popularize it throughout India. SihElvE, based at FarangE Mahal in Luckno w, focused on developing a comprehensive curriculum which came to be called Dars-e-Ni? EmE, after him. SihElvE focused more on the ma‘qElEt (rational sciences) and fiqh than on the manqElEt (transmitted sciences).In fact, an examination of this curriculum shows that it included ten books on logic, five on dialectics and three on philosophy while only a portion from two works of tafsEr and one book of IadEth were studied. 25 This curriculum proved extremely popular because of its ability to prepare students for independent study. Even the ShE‘ites of Lucknow came to the Sunni school of FarangE Mahal to study because of the reputation of this curriculum at producing well-rounded and rational, educated individuals. Although, our period of research ends here, however, let us state this much.WalE AllEh’s curriculum and SihElvE’s curriculum represented two extremes in their emphasis upon the transmitted and the rational sciences, respectively. Quite a number of p eople took advantage of both the curricula but there was still no single unified curriculum. That came about with the founding of the DEr al-‘UlEm at Deoband in 1866. The curriculum adopted at DEr al-‘UlEm, although still referred to as Dars-e-Ni? EmE, was a combination of the two. On the one hand, rational sciences were studied in almost as much detail as SihElvE had envisaged; and on the 23 24 25Al-Nadvi, 6. Ibid. , 7. Al-Nadvi & Moinuddin, 10. other hand, WalE AllEh’s emphasis on IadEth was also incorporated so that during the last year of study, the OiIEI Sittah, as well as the SharI Ma‘EnE al-OthEr of al-UaIEwE, and the al-MuwaIIEs of MElik and MuIammad al-ShaybEnE were studied in their totality. INDIAN ‘ULAMO AND ? ADOTH The prevalent idea among the vast majority of Indo-Pakistani ‘ulamE is that IadEth was historically a neglected science in India. It was only with the coming of WalE AllEh that this changed.The unique position that WalE All Eh occupies in Indian Muslim intellectual history has meant that his supporters tend to sideline the important contributions made by others before him and during his time. Regarding the contributions of Indian ‘ulamE to IadEth, we have to keep Indian history in perspective. Muslims came to regard India proper (Sindh & Multan being the exception) as their home only after the coming to power of QuIb al-DEn Aybak in 1206. Indian Muslims’ contributions should be examined keeping this in mind. By this time, all the major works of IadEth had already been compiled.It was too late for Indians to form part of al-BukhErE’s chain of transmitters. They could not have taken part in the formative period of the IadEth sciences. Sindh, which was Islamized earlier on, did take part in these activities and was the exception. Later Indians, however, engaged in those pursuits that were still possible. They compiled newer collections based upon the original collections. They learned the IadEth sciences, memorized texts with their chains and taught these to others. In this regard, a prominent example is that of ? asan al-OaghEnE al-HindE (d. 1252).He was the Indian ambassador to the Abbasid court in Baghdad. Upon orders of the then Abbasid caliph al-MustanIir BillEh, he compiled MashEriq al-AnwEr, a collection of 2246 aIEdEth from the two OaIEIs of BukhErE and Muslim. The caliph himself studied this book from him. For many centuries after that, this book was an integral part of the curriculum of Islamic madrasahs. Numerous commentaries were written on it by ‘ulamE in Egypt, Iraq, Syria and Hijaz. It was held in such high esteem that Sultan MuIammad ibn Tughlaq is reported to have placed it side by side with the Qur’an while taking oath of allegiance from his officers. 6 26 Muhammad Ishaq, India’s Contribution to the Study of Hadith Literature, (Dhaka, University of Dacca, 1976), 218-221. There are many other examples from each of the succeedi ng centuries as well as some from the previous ones which show that learning IadEth and teaching it to others was very much a part of the educational system. There was IsmE‘El MuIaddith (d. 1056) who was based in Lahore and had dedicated himself to teaching the various Islamic sciences including IadEth. 27 Then there were Shaykh BahlEl of Delhi and MuftE MuIammad of Lahore, both from the time of Akbar (c. ixteenth century). Both were well-known for their expertise in IadEth. 28 MuftE MuIammad used to teach OaIEI BukhErE and MishkEt al-MaIEbEI. Also from the sixteenth century is MEr MurtazE SharEfE, the grandson of SharEf JurjEnE. He left Shiraz to go to Makkah and learned IadEth from ibn ? ajar al-MakkE and got ijEzah (permission/license) from him to teach it to others. He came to settle down in Agra and passed away during the reign of Akbar. 29 Then there was ? Efi? DarEz PeshEwarE who had learned IadEth from his mother. This lady had written a commentary on OaIEI BukhErE in Persian. 0 Moreover, it is mentioned about MuIammad Farrukh, the grandson of AImad Sirhindi, that he had memorized 70,000 aIEadEth along with their chains and texts and their strengths and weaknesses. 31 This devotion to IadEth was not confined to North India alone. Gujarat in western India is situated opposite the Arabian Peninsula and therefore, has enjoyed a closer relationship with the Arab peninsula from the beginning. Prominent ‘ulamE such as ‘AlE MuttaqE (d. c. 1568) and his students MuIammad ibn UEhir PatnE (d. 1578) and ‘Abd al-WahhEb al-MuttaqE (d. 1592) were in the forefront in the science of IadEth.They flourished in Gujarat and Makkah and from there, their influence extended to various parts of the world. In Delhi, ’Abd al-WahhEb’s student ‘Abd al-? aqq (d. 1642) was active in disseminating IadEth. He wrote important commentaries on the major works of IadEth. He was followed by his son NEr al-? aqq, who similarly, was quite active i n serving the IadEth sciences. In South India, we find the sixteenth century scholar BhikErE KEkorvE who wrote a book on the principles of IadEth, titled al-MinhEj. 32 In Zaidpur in eastern India, MawlEnE ‘Abd al27 28 Ishaq, 45-46.GElEnE, 129. 29 Ishaq, 99. 30 GElEnE, 130. For more information about women muIaddithEt (traditionists) throughout Muslim history, see Akram Nadvi’s up-coming 40 volume work al-Muhaddithat: Women Scholars in Islam. Its one volume introduction (muqaddimah) has recently been published by Interfaith Publications, UK. 31 GElEnE, 128. 32 Ishaq, 124. Awwal (d. 1560) had written a commentary on OaIEI BukhErE, titled FayI al-BErE. 33 Even OzEd, more famous for the historical works that he wrote, had written a commentary on OaIEI BukhErE, titled Oaw’ al-OarErE. 4 In Kashmir, there was MullE InEyat AllEh KashmErE (d. 1713). He had taught OaIEI BukhErE thirty six times. 35 And then in the nineteenth century, we find RaImat AllEh IlEhabEdE who had memorized the six books of IadEth (OiIEI Sittah). 36 The rulers also took active part in patronizing IadEth sciences. It is mentioned about Sultan MaImEd ShEh (d. 1397) of the South Indian Bahmani kingdom that he had set aside special stipends for the scholars of IadEth so that they could stay engaged in their scholarly pursuits without having to worry about earning their living. 37Sufis and Knowledge Sufis enjoy perhaps the worst reputation in Islamic scholarly circles. Much of this stems from the behavior and statements of ignorant Sufis. This then leads to a blanket condemnation of all Sufis including the classical giants of taIawwuf. Historical evidence points in a different direction. It would be helpful to consider here the case of some Sufis and their attitudes towards education. In fact, in the second half of the thirteenth century, Delhi saw the founding of the khEnqEh of the famous Chishti saint, Ni? Em al-DEn AwliyE. Not only had Ni?Em al-DEn studied the above-mentioned M ashEriq al-AnwEr from cover to cover but also knew the entire collection by heart. 38 The best source of information about him is his utterances (malfE? Et) that were recorded by his disciple AmEr ? asan SijzE (d. 1336) in his famous work FawE’id al-Fu’Ed. 39 Even a cursory glance at this collection will show that Ni? Em al-DEn had a thorough understanding of IadEth and fiqh. And this in spite of the fact that he was busy training his Sufi disciples and did not have time to be actively involved in the intellectual life of Delhi. Another incident is worth considering.It is mentioned about a certain AkhE SirEj who had moved at a young age from his native Lakhnauti to Delhi to benefit from Ni? Em al-DEn. He lived in Ni? Em al-DEn’s khEnqEh for many years. Once, someone recommended his name to 33 34 Ibid. , 122. Ibid, 163. 35 Ishaq, 160 and GElEnE, 128. 36 GElEnE, 128. 37 Ibid. , 134 and Ishaq, 103. 38 GElEnE, 119. See Nizami, Some Aspects†¦, 347 for the ijEzat nEmah (license to teach) that Ni? Em al-DEn received from his teacher after completing MashEriq al-AnwEr. 39 AmEr ? asan SijzE, FawE’id al-Fu’Ed, translated from Persian into Urdu by ZiyE-ul-? san FErEqE, (New Delhi: DK Printworld, 1996). Ni? Em al-DEn for successorship. Ni? Em al-DEn replied that SirEj was not educated and therefore, not qualified to be a successor. Upon this, one of the scholar disciples of Ni? Em al-DEn, MawlEnE Fakhr al-DEn ZarrEdE volunteered to teach SirEj and fulfill this important condition for him. He accomplished this in six months. 40 This shows the erudition and skill of ZarrEdE as well as the acumen of SirEj to learn. Above all, this incident shows the central importance that Sufis gave to education.One could argue that the sources for all such incidents are hagiographical accounts whose sole purpose is to glorify the personality of the person being written about. Even if we were to accept this charge, although there is enough reason not to, even then, the fact that the biographers considered acquisition of knowledge to be praiseworthy shows the status of knowledge and education in the Muslim society of that time. AVAILABILITY OF BOOKS The scarcity of books in India before the coming of the press has been made quite an issue of.Some historians, as evidence of this claim, have cited an incident involving WalE AllEh’s son, ShEh ‘Abd al-‘AzEz. It is reported that when ‘Abd al-‘AzEz began writing his Persian commentary on the Qur’an (FatI al-‘AzEz), he could not even find al-TafsEr al-KabEr of al-REzE. 41 After a desperate search, he finally found it in the library at the Royal Palace in Delhi. This is hard to believe. All of ‘Abd al-‘AzEz works have come down to us. We find him referring directly to classical works of ShEfi‘E, AbE YEsuf (the main student of AbE ? anEfah), al-GhazzElE, Ibn ? azm, Ibn Taymiyyah, etc.Some of these works were hard to find even a fter coming of the press. It is reasonable to assume that someone who had access to such rare works would also have had access to al-REzE’s work. Even if the incident was to be considered true, it cannot be taken to be representative of a general trend. It appears as an exception rather than the rule. Moreover, GElEnE has cited an incident involving OzEd’s teacher, MEr Tufayl. OzEd writes that once MEr Tufayl went to see the Nawab of Agra. There, a debate ensued about certain linguistic aspects of the Qur’anic verse â€Å"and for those who have the power† (2:184).According to OzEd even for this relatively minor issue, most major works of tafsEr, including al-REzE’s al- 40 41 Ni? EmE, IslEmE TehzEb†¦, 43. GElEnE, 38. TafsEr al-KabEr, al-KashshEf, BayIEwE, and other books of language and rhetoric were consulted. 42 MullE MuIib AllEh BihErE (d. 1707) is a prominent scholar who flourished during Awrangzeb’s (d. 1707) reign. He is the author of Musallam al-ThubEt, a famous work on the principles of jurisprudence (uIEl al-fiqh). A manuscript of the author’s marginalia on this work is available online. 43 In this, he mentions the books that he consulted while writing this book.The list includes all the major works of uIEl of each of the Sunni schools viz. UIEl al-BazdawE, UIEl al-SarkhasE, Kashf al-BazdawE, Kashf al-ManEr, al-BadE‘ along with its commentaries, alTawIEI wa al-TalwEI, al-TaIrEr along with its commentaries al-TaqrEr and al-TaysEr, al-MaIIEl of al-REzE, al-IIkEm of al-OmidE, QaIE’s MukhtaIar along with its various glosses, SharI of alAbharE, SharI of TaftEzEnE, gloss of FEzil MirzE JEn, al-RudEd, al-‘UnqEd, al-MinhEj of alBayIEwE along with its commentary, MukhtaIar of ibn al-? Ejib and Muntaha al-UIEl. This is an exhaustive list.If these books were available to someone working in Bihar, it is quite reasonable to assume that they would have been available in the capital Delhi as wel l. In fact, not only were books easily available during the period under study, rather it was not such a major issue. There are two important reasons for that. Firstly, there was always a professional group of copyists in each locality who were called warrEq (scribe) or nussEkh (copyist). They kept track of all the books available in their area as well as other cities and upon demand they could quickly make copies of the desired book. 4 Secondly, amongst the general educated public most people could write quite fast. About the first contention, the following incident is quite telling. ‘Abd al-QEdir BadEyEnE (d. 1625) was an accomplished scholar and man of letters who was attached to Akbar’s court. Although working under Akbar, he had become thoroughly disgusted with Akbar’s eclecticism. Even though an officially approved history of Akbar’s reign had been written by Abul Fazl titled Akbar NEmah, BadEyEnE felt that the record needed to be set 42 43 Ibid. , 5 7. MuIib AllEh BihErE, ?Eshiyat Musallam al-ThubEt, MS. Or. 350, p. 1, University of Leipzig Library, downloaded from â€Å"UIEl al-Fiqh wa al-QawE‘id al-Fiqhiyyah,† al-MuIIafE min al-MakhIEIEt al-‘Arabiyyah wa alIslEmiyyah, %20 %20 %20 accessed 16 August, 2010). 44 During the period under study, copyrights violation was not an issue. There was no legal hindrance to making copies of other people’s books. Today, the opinion is divided among traditional scholars regarding copyrights. Some insist that they have no basis in Islamic law.Others approve of them. For a sampling, see NEh ? E MEm Keller, â€Å"Copyrights in Islam,† Shadhili Teachings, (accessed 17 August, 2010). right. So, in secret, he wrote his historical work titled Muntakhab at-TawErEkh, in which he showed the darker side of Akbar’s reign. He could not make it public during his own lifetime for fear of severe official reaction. After his death, some copyists got hold of it and befo re long its copies were to be found all over the country. By this time, JahEngEr, the son of Akbar, had ascended the throne.He tried to ban the book. However, in spite of his absolutist powers, JahEngEr could not take this book out of circulation. Every now and then, a report would be received that this book was seen in this town or that city. 45 This can be reasonably attributed to the easy availability of copyists who made sure that they had access to books that people wanted. In fact, this also explains the slow spread of the press in India. The effective system of copyists had relieved people of the need for a printing press. About the second contention, i. e. the writing speed of educated people, let us present some incidents. OzEd has mentioned about a certain scholar Shaykh KamEl: Text books of Iarf (morphology), naIw (syntax), manIiq (logic), Iikmah (philosophy), ma‘EnE, bayEn, fiqh, uIEl, and tafsEr, all of these, he copied with his own hand. And for every book, he wr ote its gloss in such a way that the text did not require the commentary anymore and the commentary did not require the text anymore. 46 Regarding Shaykh NEgaurE, the father of Abul Fazl and FayzE, OzEd writes, â€Å"He wrote 500 volumes with his own hands. 47 Similarly, it is mentioned in the account of a certain Shaykh Junayd ? isErE that he could copy the whole Qur’an in three days and that too with the diacritical marks. 48 To close this topic, let us mention what ‘Abd al-WahhEb MuttaqE has mentioned regarding his teacher ‘AlE MuttaqE. This has been quoted by ‘Abd al-WahhEb’s student ‘Abd al? aq DehlavE in his AkhbEr al-AkhyEr. ‘AlE MuttaqE had moved to Makkah and was the foremost scholar of that city. ‘Abd al-WahhEb mentions about him that he had a habit of copying 45 46 47 48 GElEnE, 59. Ibid. , 62. Ibid. Ibid. , 63. mportant books and sending them out to all those regions where such books were unlikely to be found and people would need them. Writing books was a religious vocation for him. 49 CONCLUSION A systematic study of Islamic intellectual heritage (of India as well as the rest of the Muslim world) is essential for a better understanding of Islamic Civilization. In the preceding account, we have tried to give a glimpse of the educational system of historical Muslim India. This is just a preliminary study. The abundance of historical evidence seems to suggest a very well- organized and organic system of education.Madrasahs, maktabs, mosques, private houses, all kinds of institutions existed in harmony. The options available to any sincere seeker of knowledge were many. Seeking knowledge and imparting it was a sacred exercise and not a commercial enterprise. The general attitude of the public towards knowledge and those who engaged in it was fundamental to the flourishing of this system. General interest in the various Islamic sciences meant that all segments of the population participated in the cul tivation and dissemination of Islamic sciences. Sufis thus placed high value on seeking a proper Islamic education.Similarly, Indian scholars paid close attention to the IadEth sciences. Many of them rose to become pre-eminent IadEth scholars known for their erudition throughout the Muslim world. Moreover, the curriculum that had evolved over the years maintained a healthy balance between the secular and the religious. There were differences in terms of emphasis on the rational vs. the transmitted sciences. However, the overall curriculum was still relatively holistic. In short, Muslim India matched the central lands of Islam in terms of its educational advancement and achievements. 49 See ‘Abd al-? qq DehlavE, AkhbEr al-AkhyEr, translated from Persian into Urdu by SubIEn MaImEd and MuIammad FEzil, (Karachi: MadEnah Publishing Company, n. d. ), 529. BIBLIOGRAPHY Al-BayhaqE, AbE Bakr AImad ibn al-? usayn. (1410 AH). Vol. 2, Shu‘ab al-OmEn [Branches of Faith]. BayrEt: DEr al-Kutub al-‘Ilmiyyah. BihErE, MuIib AllEh. ?Eshiyat Musallam al-ThubEt [Marginalia on the Flawless Evidence]. MS. Or. 350. University of Leipzig Library, downloaded from Usul al-Fiqh wa alQawa’id al-Fiqhiyyah [Principles of Jurisprudence and Legal Maxims], al-MuIIafE min al-MakhIEIEt al-‘Arabiyyah wa al-IslEmiyyah [Chosen Arabic and Islamic Manuscripts].Retrieved August 16, 2010. http://mostafamakhtot. blogspot. com/search/label/16%20 %20 %20 %20 DehlavE, ‘Abd al-? aqq. (n. d. ). AkhbEr al-AkhyEr [Reports of the Select]. (SubIEn MaImEd and MuIammad Fazil, Trans. ). Karachi: MadEnah Publishing Company. GElEnE, Sayyid ManE? ir AIsan. (n. d. ). PEk-o-Hind main MusalmEnon kE Ni? Em e Ta‘lEm-oTarbiyyat [The educational system of Muslims in Pakistan and India]. Lahore: Maktaba RaImEniyya. Al-? asanE, ‘Abd al-? ayy. (1983). Al-ThaqEfah al-IslEmiyyah fi al-Hind [Islamic Civilization in India].Damascus: Mujamma‘ al-Lugha al-‘Arabiyyah bi Dima shq. Jaffar, S. M. (1972). Education in Muslim India. Delhi: IdEra AdabiyyEt-e-DillE. Keller, NEh ? E MEm. (1997). Copyrights in Islam. Retrieved August 17, 2010. http://www. shadhiliteachings. com/tariq/? act=article&id=6. MubErakpErE, MuIammad ‘Abd al-RaImEn ibn ‘Abd al-RaIEm. (n. d. ). Vol. 7, TuIfat alAIwadhE bi SharI JEmi‘ al-TirmidhE [Gift of the Skilful, a commentary on JEmi‘ alTirmidhE]. Ed. ‘Abd al- RaImEn MuIammad ‘UthmEn. BayrEt: DEr al-Fikr. Muhammad Ishaq. (1976). India’s Contribution to the Study of Hadith Literature. Dhaka, University of Dacca.MuIammad ShafE‘. (2002). FutEI al-Hind [Conquests of India]. Karachi: IdErat al-Ma‘Erif. Al-Nadvi & Moinuddin, Survey of Muslim Education: India, (Cambridge: The Islamic Academy, 1985), 5. Nizami, Khaliq Ahmad. (1961). Some Aspects of Religion & Politics in India during the 13th century. Bombay: Asia Publishing. Ni? EmE, KhalEq AImad. (1982). IslEmE TehzEb kE Asar HindustEn par [The effect of Islamic Civilization on India]. Lucknow, Majlis TehqEqEt-o-NashriEt–e-IslEm. SijzE, AmEr ? asan. (1996). FawE’id al-Fu’Ed [Benefits of the Heart]. (ZiyE-ul-? asan FErEqE, Trans. ). New Delhi: DK Printworld.

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