CURRENT RELIGIOUS AFFAIRS CONSULTATION MEETING- I
FINAL COMMUNIQUÉ
 
May 18, 2002 ISTANBUL
The Presidency of Religious Affairs whose essential duty is to enlighten the public on religion matters, has until now tried to fulfill this mission to the best of its ability starting from the day it was established.

Social changes which have been expedited by the developments in scientific and technological areas have deeply influenced the traditional understanding of the religion and in turn necessitated new discussions over many issues, and caused the emergence of new problems which are in need of urgent solutions.

The open discussion of these problems, which should be solved through scientific methods, not only hamper reaching sound solutions but also results in mental confusion and offends the religious sentiments of our nation.

In order that religious matters do not result in tension, and that the proposed solutions convince and satisfy our faithful people to the religion, it is necessary to adopt methods taking into consideration both traditional experiences and modern developments instead of making declarations leading to speculations.

Basing opinions on a scientific method while expressing views on religious matters will not only avoid the use of religious sources as a means for legalization but also enable us to reach solutions which will convince the majority of the people and render marginal tendencies inactive on religious issue.

The accumulation of knowledge and experience in our Faculties of Theology which examine the nature of religion, the historic experience of Muslims and modern religious affairs within the framework of academic disciplines are sufficient to overcome these problems and constitute a role model for other Islamic countries.

The Presidency of Religious Affairs has found it necessary to benefit from this accumulation of knowledge by organizing a consultation meeting. Members of the Higher Counsil of Religious Affairs and Academicians met for solution to the current religious affairs at a forum which was held in the Istanbul Tarabya Hotel on 15-18 May 2002.

Four separate commissions were established at this meeting and the following
subjects were discussed:

1. Traditional and modern approaches in understanding and the interpretation of religious texts and reflections on society,
2. Religious discussions regarding women’s problems in the modern world,
3. Discussions over pilgrimage, (Hacc)
4. Current discussions on acts of worship (ibadat).

Certain practical solutions were found for certain problems and important steps were taken for the solution of others. These decisions which were discussed and accepted by the general council demonstrate that there is no essential conflict between religious and universal values and it is possible to solve the problems created by social change through a sound perspective.

We hope that these decisions will eliminate the mental confusions on religious matters, and contribute to the continuation of social compromise and peace.

The following decisions were prepared and accepted by the Board:

1. It can be misleading in methodology to interpret and understand of religious texts (Koran and Hadiths) by classifying them into categories as ‘traditionalist’ and ‘modernist’. In addition to the classic methods developed by Islamic Scholars since the early stages of Islam, modern methods should also be used in understanding and interpreting religion.

2. Taking into consideration that understanding and interpreting religious texts is a multidimensional activity, a special project subject should be carried out and expert meetings should be held where different points of views are discussed. It would be beneficial if a second consultation meeting is held after the first.

It is considered appropriate to discuss the following issues after preparations are made for the presentation of papers and for the delivering of talks:
a) Understanding and interpretation,
b) Historicity,
c) Language,
d) The problems of classical methods,
e) The difference between accepting and obeying God’s commands and assignment of cause and its limits
f) The Prophet Mohammed’s situation in religion
g) The relationship between the intellect (aql) and revelation (wahy)
h) The relationship between religion and society
i) The relationship between religion and science

3. In a certain degree albeit subjectivity may be unavoidable in understanding and interpreting religious texts, the literal guidance of texts, historic experience of Islamic societies and the understanding of Ijma (consensus) which forms the main body of this experience can be viewed as the factors which reduce this subjectivity to a minimal.



4. These issues should be taken into consideration especially during public discussions and in statements made concerning religious matters:

a) Abiding by the principle of “faithfulness to the text” while interpreting the Koran and Hadiths.
b) Stating that the proposals and views made to find solutions are personal comments and that other views can be correct theoretically; avoiding styles of writing and expressions indicating that any comment is an absolute reality and allowing for preferences and leaving movable ground for second person.
c) Avoiding any expressions, which may denote that the basic source of Islam is only the Koran and the Sunnah is not regarded as a source.

5. Classical religious sources reflect a rich accumulation developed by Muslims concerning religious texts and issues during a historical process. These are of great importance since they reflect the scientific heritage of the period and the points of view of the writers, and they constitute a section of the historical experience of Islam. In addition, these classical sources are not sufficient as being merely a determinative source for the solution of religious problems, but if they are completely ignored, a direct solution gotten from the Koran and Hadiths can also have some negative points from the theoretical and practical standpoints.

6. Incidents and judgments which occur while citing examples from religious regulations in classical sources and implementing them in daily life are the result of the scientific and cultural heritage of the period during which they were mostly composed. It will not be correct to perceive them as part of basic teaching of Islam and evaluate them by selecting negative examples and comparing them with data and the understanding of the present.

7. A change in religious rules (ahkam) from the standpoint of time and location cannot occur in the clear and sound rules of religious texts concerning basic creed and moral issues and worship. Generally, changes can occur in the performance of the details and conditions of worship, open to ijtihad (original thinking), and in formal legal regulations. There may be different trends due to the method and the effect of current developments and implementations in this field.

8. General assessments made through considering some individual examples can lead to the impression that there are clashes between religion and contemporary values. A correct comprehension of the Koran and the Sunnah can be prevented and their basic functions as a spiritual guidance can be overshadowed.

9. The distinction between the aim and the means (maqasid and wasail) in religious rules, the proper course, thought in favor of the public, the methods of ijtihad, criteria concerning the reason why these stipulations are considered, and historical and literary links may contribute to discussions held as to what extent and how religious rules can be altered.

10. It will be very useful to establish a research center within the Presidency of Religious Affairs which will create a database and statistics reports in order to determine the religious problems of the society and which will constitute the basis for new interpretations meeting contemporary requirements.

11. Problems related to women still exist today, as they have been throughout the history of mankind. In essence, religions have come up with important regulations for solving these problems within the framework of rights and justice. In this respect, Islamic principles have special importance. However, it was difficult for the patriarchal communities to adopt these improvements and they sought ways to reserve them. Even, the anti-female ideology has come under the guise of religion from time to time.

12. According to the basic sources of Islam (Koran and Sunnah), men and women are equal; they complete each other. In terms of ontology, as well as religious responsibility, legal capacity, basic rights and freedoms, discrimination between men and women according to basic principals is out of the question. However, besides these basic principals, a social and cultural environment in which Islam emerged and developed, particularly the patriarchal family structure has been effective in the determination of the status of women. This situation is the reason why different concepts of women have emerged in Islamic communities.

13. In understanding and interpreting the verses of the Koran concerning women, the process of social-cultural occasions of the verses and literal meanings, as well as the aims that were taken as a basis should be taken into consideration. In addition, taking further steps concerning the social and legal status of women are not against the spirit of the Koran. In addition, in the light of the Koran’s basic principles and the Prophet Mohammed’s general attitude and principles concerning women, it should be regarded that all narrations and information, as if they were associated with sexual discrimination and despised woman for being woman and deprived of their basic rights and freedoms, are either distorted, or untrue. Because of the above-mentioned accusing of Islam and the Prophet Mohammed is neither scientific nor ethical.

14. The removal of all the above-mentioned falsities concerning women depends on a proper education. As a matter of fact, one of the basic aims of our Republic and the concept of a contemporary level of civilization is to improve the status of women within the family and society. Attaining this goal depends on guaranteeing the right to get education and employment for females; providing them with equal opportunities; and encouraging them by positive discrimination. Therefore, perspectives and applications, which limit, restrict or have the possibility of limiting or restricting girls’ and women’s opportunities for an education and employment should be scrutinized and necessary regulations should be implemented to this end.

15. In Islamic culture, depending on their free will marriage is regulated as an agreement between two parties. There is no special ceremony performed other than the presence of witnesses. The practice, which is known as a religious marriage, is the product of historic, religious and legal conditions peculiar to Turkey. However, in view of spouses whom they have the right by means of marriage may not be lost, it is important to recommend that religious marriage must be fulfilled after official marriage.

16. Although the continuity of the marriage is the basic aim, the Islamic religion accepts the right to end this marriage when there is conflict between the two spouses and divorce is to be necessary. Divorce is permitted, taking into consideration the aims and legal procedures of the Koran and the Prophet which have been upheld.

17. The issue of Muslim women marrying non-Muslim men will be discussed in detail in the next consultation meeting.

18. The issue of witnessing, as mentioned in the verse concerning debts and, the difference resulting from a woman’s passive role in commercial activities would not include a general arrangement under the conditions of that period. The other related verses indicated this matter. Therefore, the difference in the verse regarding debts cannot be accepted as an intellectual shortcoming of women.

19. In general, the regulation of women’s shares differently in inheritances have a direct relation because of men’s more financial responsibility in different areas. On the other hand, this stipulation can be changed with the consent of both sides by accepting that women have more needs and that men would have less financial responsibilities.

20. Women being exempt from rituals under special conditions is not because of their not being clean, but to relieve them of their psychological and physiological burdens. However women, in these situations, may read the Koran, and may also enter mosques (masajid). Although many scholars oppose it, some schlars have stated that women may walk around the Kaaba (tawaf).

21. Women may attend daily congregational prayers, in addition to feast prayers, Friday prayer and funerals. The attendance of women and children at Friday and feast prayers should be encouraged since it was a practice during the time of the Prophet.

22. The word “kavvamun” which is mentioned in the 34th verse of Surah Nisaa gives rights and responsibilities to man. There are different points of views on the literal meaning of the verse in question, since it cannot be considered the basis for strife in the family which is widespread today. On the contrary, the practices of the Prophet should be taken as a role model in determining how to treat women.

23. When the unity of the verses concerned and the Prophet’s Sunnah are taken into consideration, pilgrimage (Hajj) is a sort of ritual worship “during certain months” namely Shawwal, Dhu’l Ka’da and Dhul-Hijja and Arafat is visited on the 9th day of Dhul-Hijja.

24. Those who under obligation to fulfill the pilgrimage can perform this worship in any year they wish. Unless there is a danger to life and property, pilgrimage should not be prevented. If the danger to life and property continues to exist pilgrimage may be delayed.

25. If one goes on a pilgrimage to Mecca or on an “Umrah,” an “ihram” cannot be worn in the “Hill” region located to Jeddah.

26. Taking into consideration the views of Islamic scholars, the principle of convenience must be obeyed as far as the violations of the rules of Ihram are concerned.

27. The view has been accepted that visits to Muzdalifa might be paid during the period from the beginning of the eve of feast (Eidhu’l Adha) until dawn.

28. One should be aware that throwing stones at jamarat is one of the obligations of the pilgrimage. One should consult the views of Islamic scholars on the day and time of the practice of throwing stones.

29. The verses clearly express that during the pilgrimage (hajj) and Umrah animals should be sacrificed (hady) in the Haram region. Therefore, if the intended pilgrimage necessitates sacrifice of an animal, these animals should be sacrificed only in the region of the Haram.

30. Visiting the grave of the Prophet Mohammed in Medina before or after the pilgrimage and prayers forty times in the Prophet’s Masjid (Masjid an-Nabawi) are not one of the rituals performed during the pilgrimage. However, it is an appropriate behaviour for pilgrims to visit the grave of the Prophet Mohammed, and pray at the Prophet’s Masjid.

31. In addition to the pilgrimage, the view that “Umrah” is also a religious duty, once in life, has not been accepted; but it is considered as a certain tradition (sunnah) of the Prophet.

32. The duties of a pilgrim should be completed in the shortest time possible. This would both reduce the cost of the pilgrimage and encourage the practice of Ifrad Pilgrimages which do not necessitate the sacrifice of an animal.

33. Two separate books must be prepared by a commission of scholars, which will include theoretical and practical information on canonical jurisprudence of a pilgrimage as well as its historical, moral and cultural aspects. The books must aim at reducing conflicts on issues concerning the practices involved in pilgrimages and must be supplemented by photographs, maps and sketches. CD and videocassette versions of these books should also be prepared.

34. The view has been accepted that a meeting on pilgrimage to be attended by representatives of Islamic countries should be held in order to solve problems that might arise during the pilgrimage.

35. There is a great necessity to translate the Koran into other languages and prepare its comprehensible exegesis (Lafsir). However, one should bear in mind that no translation can substitute the original. Islamic scholars have agreed that translations should not be called the “Koran” and neither should they have the same power as the Koran.

35. Reciting the Koran (qira’a) in a proper manner while praying is a definite, permanent religious duty according to what is written in the Koran and the Prophet Mohammed’s explanations and examples. It is a practice which might be properly carried out when the Koran is recited in its original language. It is clear that many conflicts and divisions will arise when everybody recites the Koran in their own language.

Such practices may also be harmful since they may damage social unity and deviate from the main target. But considering that “salah” (praying) cannot be neglected nor postponed, those who have not recited the original language of the Koran, may pray in their own language until they learn.

Since praying means asking God for his blessings, one can perform this in his own language.

36. The adan (call to prayer) symbolizes the presence of Islam throughout the world. There is a consensus and a tradition of 15 centuries that it should be recited in its original language. Since the main aim of salah is to remind Muslims that it is prayer time, the adan has to be recited in its original language in order to reach all Muslims who speak various tongues.

37. Praying five times in a day is confirmed by the Koran, the Sunnah and with the agreement of all Muslims. However, the Prophet Muhammad’s some actions demonstrate that the noon and afternoon prayers as well as the evening and night prayers can be unified (Jam’) (to unify to prayers within a time) in the form of proceeding (taqdim) and postponing (takhir) in case of journey. Regarding all together some narrations about Muhammad’s unifying the salah (prayers) when he was resident, and the interpretation of the companions (sahaba) it is ascertained that it depends on justified reasons only and not be ordinary habit.

38. The worship of sacrifice is compulsory according to Ebu Hanifah, while it is a Sunnah for many Islamic scholars.

But, if a worship is not obligatory, it does not mean that it is not a worship. For this reason, performing a sacrifice is not to be replaced by a fee.

Animals should be sacrificed according to the basic rules of Islam and one should refrain from polluting the environment when sacrificing an animal. If necessary, while sacrificing an animal there is no prohibition to use appropriate technical methods for making animal unconscious. But the animals should be alive in that case.

39. The amount of Fýtr is set according to the basic requirements of a person.

The amount of zakah (alms) is determined by the definition made by the Prophet Mohammad or with respect to the minimum wage for an individual or other kinds of indexes. But since the topic is broad and has many dimensions, it has been decided that it should be discussed later at a comprehensive meeting.

By regards to public attention.