Sunday, May 29, 2016

Q&A: Divine Reason (‘Ilah)

Question:
As-Salaam Alaikum Wa Rahmatullah
Dear Sheikh, can you please answer the following question? It is regarding divine ‘ilah, where does it come under in the Speech of the Legislator relating to the actions of the worshippers? Does it come under the speech of following command (Iqtida’), or circumstances (Wadh’) or choice (Takhieer)? And what is the difference between ‘ilah and sabab?

Answer:
Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu
The Hukm Shar’i is defined as the Speech of the Legislator related to the actions of the worshippers by following the command (Iqtida’), or choice (Takhieer) or circumstances (Wadh’). Iqtida is a command, it includes the command to undertake an action or to abstain from an action, it includes the definite command and the indefinite command; the definite command to undertake the action is the Fardh, the indefinite command to undertake an action is the Mandoub, the definite command to abstain from an action is the Haram, and the indefinite command to abstain from an action is the Makrooh, these are four rules and the fifth is Takhieer (choice) which is in respect to permissible actions. These are the five Takleef (responsibility) rules. There are five rules of Wadh’ (circumstances): Sabab (reason), Shart (condition), Mani’ (preventer), Rukhsa and ‘Azeema (taking or leaving a license [respectively]), and Siha wa Butlan, and Fasad (correct, false, and invalid actions/contracts [respectively]).
As you can see that ‘ilah does not come under the definition of Hukm Shar’i, not under Takleef, and not under Wadh’, ‘ilah is one of the evidences for a Hukm Shar’i, in terms of the order, it comes before the Hukm Shar’i, and then the Hukm is built on it, i.e. it is an evidence and not a side rule, therefore ‘ilah is the reason for legislating the rule. As for Sabab (reason) is an indicator and definer for the existence of the rule and nothing more. The evidence is what makes the Hukm binding in the definite command, but the evidence of the Sabab includes a sign that indicates the existence of the rule.
From Eyad Dana
To explain further:
‘Ilah is the reason for the legislating of the rule, ‘ilah is an evidence for the rule and indicator and definer for it, but in addition it is the reason for the legislation of the rule. So therefore it is the reasoning of the text (Ma’qool), if the text does not include ‘ilah, it will include an expression (Man’tooq) and an understanding (Maf’hoom), but it will not have (Ma’qool), so other incidences cannot follow the rule. But if the text includes ‘ilah which is linked to the rule and is clear, it will have Man’tooq, Maf’hoom and Ma’qool, so similar incidences can be related to it. The existence of the ‘ilah made the text accommodating to various types of incidences, not because of the Man’tooq or the Maf’hoom, but through following the same rule due to what they have in common that is mentioned in the ‘ilah. ‘Ilah can be the evidence for a rule, the rule could have been indicated by a speech which includes the ‘ilah like in the saying of Allah سبحانه وتعالى:
مَّا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنكُمْ
“And what Allah restored to His Messenger from the people of the towns – it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveler – so that it will not be a perpetual distribution among the rich from among you”
(Al- Hashr: 7)
Then Allah سبحانه وتعالى says:
لِلْفُقَرَاءِ الْمُهَاجِرِينَ
“For the poor emigrants”
(Al-Hashr: 8)
The verse indicated the rule, which is to give Fai’ to the poor emigrants, this is why the Prophet ﷺ gave the Fai’ to them when the verse was sent down, regarding Banu An-Nadhir, He ﷺ gave it only to the emigrants not the Ansar except for two men who were poor. The ‘ilah in the verse is the saying of Allah سبحانه وتعالى:
كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنْكُمْ
“So that it will not be a perpetual distribution among the rich from among you”
(Al-Hashr: 7)
i.e. so the state does not become one for the rich only but for others too, so it has indicated the rule and was the reason for the legislation.
The Sabab is: any clear accurate description that the audio evidence indicates that it is defining the existence of the rule, and not for the legislation of the rule, for example the saying of Allah سبحانه وتعالى:
أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ
“Establish prayer at the decline of the sun [from its meridian]”
(Al-Isra: 78)
And the saying of the Prophet ﷺ:
«إِذَا زَالَتِ الشَّمْسُ فَصَلُّوا»
“Pray at the demise of the sun” Narrated by Al-Baihaqi,
the verse and the Hadeeth show that sun set is a sign that defines the establishment of prayer, i.e. if the sign is present then the prayer must exist, it should be performed, if the other conditions are met… this is the case with all Sabab, e.g. the saying of Allah سبحانه وتعالى
فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ
“Whoever witness (sighting the moon) the month must fast it”
(Al-Baqara: 185)
And the saying of the Prophet ﷺ:
«صُومُوا لِرُؤْيَتِهِ»
“Fast when you sight it (the moon)” Narrated by Al-Bukhari, it shows that when the moon is out and sighted it is a sign for the fasting of Ramadhan…
Thus, the difference is clear between ‘ilah and Sabab. Sabab is a sign that indicates the existence of the rule, like the demise of the sun is to the establishment of prayer, but ‘ilah is the reason for the legislation of the rule, and not the reason for its establishment, it is one of the evidences of the rules like the text, e.g. the distraction from prayer which is extracted from the saying of Allah سبحانه وتعالى
إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ
“O you who have believed, when [the Adhan] is called for the prayer on the day of Jumu’ah [Friday], then proceed to the remembrance of Allah and leave trade”
(Al-Jumu’a: 9)
The distraction is the reason for the legislation of the rule, which is the prohibition of trading during the Athan of Jumu’a (prayer), this is why it is ‘ilah and not Sabab unlike the demise of the sun, which is not ‘ilah, because it is not the reason the Dhuhur prayer is legislated, but it is a sign that Dhuhur prayer must be established.

Your brother,
Ata Bin Khalil Abu Al-Rashtah
13 Rajab 1437 AH
20/4/2016 CE
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Q&A: The “Smelting” Process Before and After the Establishment of the Islamic State

Question:
Asalamu Alaikum Wa Rahmatullah Wa Barakatuhu,
What is your vision for the method of carrying out the “smelting” process after taking power? Will it be through group culturing circles (Halaqat) or lectures, or through Media and Education Curriculum? Jazak Allah Khair
From Mustapha El Mawed

Answer:
Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu
Before answering your question, I would like to quote an extract from the book“At-Takatul Al-Hizbi” (Structuring of a Party) that defines the “smelting” process: “… an ideological Hizb which would progress naturally in two tracks: First, through multiplication it will generate other cells which embrace the ideology with complete awareness and comprehension; and second, through creating and building general awareness about the ideology throughout the Ummah. The general awareness about the ideology will lead to the unification of the thoughts, opinions, and beliefs within the majority if not the whole of the Ummah. Hence the objective of the Ummah, as well as her convictions (qana’aat) and her outlook on life, will be unified. Therefore, the Hizb will serve as a melting pot, which would melt the Ummah and purify her from the impure and the corrupt ideas that led to the decline of the Ummah, or developed during the era of decline. The Hizb should undertake this melting process within the Ummah, thus leading to the revival of the Ummah. This is a tedious process that can only be undertaken by a Hizb that lives its idea, devotes its entire life to the idea, and is aware of its every single step.”
Thus, the party will carry out the “smelting” process in the Ummah, and it uses whatever means and methods accessible for it to do so in the best manner… The party now is carrying out this process with the methods and means available to it … And after the establishment of the state, Allah willing, the party will continue the process, Allah willing … but the difference lies in the following areas:
A-  Islam is what will be implemented after the establishment of the state, and this no doubt will have a strong impact on the acceleration of the “smelting” process … because the system and the actions to take care of the affairs of the people is in line with the “smelting” process carried out by the party, which is contrary to the existing reality, where the Kufr (disbelief) systems are implemented on the Muslims, and they  are governed by rulers hostile to the Ummah and its Deen, which makes the success of the smelting process difficult.
B – The effective means and methods which the party can access to reach the people will be available without restriction, because the State is obligated by the Shariah to allow the work of the political parties based on Islam. It is also obligated to support these political parties in their work … so television, radio, the Internet, mosques and various forums … and all the means and methods such as those mentioned in the question will be at the disposal of the political parties without obstacles or disturbances … And this no doubt will accelerate the process leading to the “smelting” and will lead to its completion and success, by the permission of Allah.
Of course, the party will continue all its work: the individual culturing and group culturing, and ideological and political struggle and adopting the interests of the Ummah …
C – The implementation of Islam by the state will have an effective contribution in creating public awareness in the whole Ummah. This public awareness of the ideology will establish the unification of ideas, opinions and convictions of the Ummah… and this speeds up the “smelting” process, and the revival of the Ummah… and so the work in this area will be easier and faster, Allah willing, after the establishment of the state than before it. …
I hope that the subject is clarified adequately with the permission of Allah سبحانه وتعالى.

Your brother,
Ata Bin Khalil Abu Al-Rashtah
20 Rajab 1437 AH
27/4/2016 CE

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Q&A: Is it permissible for the State to impose taxes on Muslims?

Question:
As-Salaamu Alaikum Wa Rahmatullah Wa Barakaatuhu, May Allah allow you to persevere. I have a question that I hope that you can answer…
It is known that “taxes” are Muharramah (prohibited) in Islam. So how can the State treat the deficit and particularly when there does not exist today “At-Tawzheef – Al-‘Ushoor – Al-Kharaaj”. They do not currently exist.
From Khalid Aali Yaseen

Answer:
Wa Alaikum Assalaam Wa Rahmatullah Wa Barakaatuhu,
It appears there is some confusion from you in respect to the subject area of the question. That is because you said: “Taxes are Muharram (prohibited) in Islam”. That is correct in a general manner however it is specified in specific cases… Similarly, you say: “That there is no ‘Ushoor and Kharaaj today” whilst it is known that the land of the Muslims is either ‘Ushriyah or Kharaajiyah, and that they are (both) present. You have (also) mentioned: “At-Tawzheef, Al-’Ushoor and Al-Kharaaj” whilst the word ‘At-Tawzheef’ here has no place (or context) for it…
In any case, I will provide detail to you of this subject area so that the answer is clear and so that there is no ambiguity in it nor vagueness Inshaa’Allah.
1 – The Shar’a has forbidden the Sultan (authority) to impose a tax upon the Muslims based upon an order issued from him according to what he wishes. He ﷺ said:
«لا يَدْخُلُ الْجَنَّةَ صَاحِبُ مَكْسٍ»
“One who wrongfully takes an extra tax (sahib maks) will not enter Paradise.” as collected by Ahmad and classified as Saheeh by Az-Zain and Al-Haakim.
The ‘Maks’ is the tax (customs) that is taken from the traders upon the borders of the lands however the forbiddance includes every tax due to the statement of the Messenger ﷺ in the Hadeeth, that has been agreed upon, related from Abu Bakrah:
«إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ عَلَيْكُمْ حَرَامٌ كَحُرْمَةِ يَوْمِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا فِي شَهْرِكُمْ هَذَا…»
“Your blood, your properties and your honours are Haraam for you (to take from each other) like the inviolability of tis day of yours in this land of yours in this month of yours…”.
It is ‘Aamm (general) including the Khalifah just as it encompasses all of the people… It is therefore not permissible for the Khalifah to impose a tax in order to spend from it but rather he spends from the Bait ul-Maal (State Treasury).
2 – There are however cases or circumstances in which the Shar’a has made an exception from the general prevention of imposing taxes. Shar’iyah texts have been mentioned that explain that spending upon them is (a duty) upon the Muslims and not only the Bait ul-Maal. If what is in the Bait ul-Maal is not sufficient to spend upon them, the spending transfers from the Bait ul-Maal to the Muslims. Then a tax is imposed upon the wealthy in accordance to the amount of Nafaqah (spending) that is obligatory to meet those circumstances. That is done without any increase (above the need) and they are allocated in the places that they have been imposed to meet… The tax in this situation is not based upon the command of the Khalifah based upon his desire and according to his wishes. Rather, it is based upon Allah’s commanding of it whilst the Sultan (authority) only implements the command that Allah Subhaanahu has commanded. Based upon this understanding, that which the Shar’a has made obligatory upon the Bait ul-Maal and upon the Muslims to spend, is spent upon from the Bait ul-Maal. Then if there are no funds in the Bait ul-Maal, or it has run out of funds, or it doesn’t have sufficient funds to meet the expenditures, then it is for the Khalifah to impose taxes upon the wealthy in accordance to the amount of those expenditures according to the Ahkaam Ash-Shar’iyah… And it is not Haraam (prohibited) in this circumstance or situation.
3 – From what has been mentioned, it is clear that in order for it to be permissible for the tax to be imposed for spending upon a particular case, the following conditions have to be realised (or met):
– That there is not within the Bait ul-Maal sufficient funds to spend upon this circumstance or case (requiring it).
– That a Shar’i text has come indicating that the expenditure in this case or situation is obligatory upon the Bait ul-Maal and upon the Muslims…
– That the imposed tax does not exceed the obligatory amount of expenditure required for that case or situation…
– That it is not imposed except upon the wealthy alone, those who have a surplus above their basic (or fundamental) needs and their complimentary needs as measured by their decent standard of living – (Bil-Ma’roof)…
4 – Consequently, the tax is not imposed in Islam except in accordance to the above mentioned conditions i.e. that the Shar’a has brought a text indicating that the expenditure upon a particular case is not just obligatory upon the Bait ul-Maal but rather it is also obligatory upon the Muslims:
– For example, the Nafaqah (spending) upon the Fuqaraa’ (poor). If the Bait ul-Maal is not sufficient to meet the needs of the Fuqaraa’, then a tax is imposed in accordance to the amount required to meet this need without an increase upon that and it will be imposed upon the wealthy. That is because spending upon the Fuqaraa’ (poor) is not only obligatory upon the Bait ul-Maal but is rather obligatory upon the Muslims as well. Al-Haakim collected in ‘Al-Mustadrak’ a relation from ‘Aa’ishah (ra) that the Messenger of Allah ﷺ said:
«لَيْسَ بِالْمُؤْمِنِ الَّذِي يَبِيتُ شَبْعَانًا وَجَارُهُ جَائِعٌ إِلَى جَنْبِهِ»
“He is not a believer who spends the night satisfied whilst his neighbour next door is hungry” and in a narration recorded by At-Tabaraani in ‘Al-Mu’jam Al-Kabeer’.
It is related from Anas Bin Maalik (ra) that he said: The Messenger of Allah ﷺ said:
«مَا آمَنَ بِي مَنْ بَاتَ شَبْعَانًا وَجَارُهُ جَائِعٌ إِلَى جَنْبِهِ وَهُوَ يَعْلَمُ بِهِ»
“He hasn’t believed in me who passes the night satisfied whilst his next door neighbour is hungry and he is aware of that”.
And Al-Haakim recorded in ‘Al-Mustadrak’ a relation from Ibn ‘Umar (ra) that he said: The Messenger of Allah ﷺ said:
«وَأَيُّمَا أَهْلِ عَرْصَةٍ أَصْبَحَ فِيهِمُ امْرُؤٌ جَائِعًا، فَقَدْ بَرِئَتْ مِنْهُمْ ذِمَّةُ اللَّهِ»
“Whichever people of an area where people live together there awakens a person amongst them who is hungry, then the Dhimmah (protection) of Allah has been taken away from them”.
– For example, the Nafaqah (spending) upon Al-Jihaad. If the Bait ul-Maal was not sufficient to meet the needs of Al-Jihaad, then a tax is imposed in accordance to the amount required to meet this need, without any increase upon that, whilst this would be imposed upon then wealthy. That is because spending upon Al-Jihaad is not only obligatory upon the Bait ul-Maal but rather it is also obligatory upon the Muslims. Allah سبحانه وتعالى said:
وَجَاهِدُوا بِأَمْوَالِكُمْ وَأَنْفُسِكُمْ فِي سَبِيلِ اللَّهِ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
“And strive in Al-Jihaad with your lives and your wealth in the path of Allah. That is better for you if you but knew”
(At-Taubah: 41)
There are also other evidences in addition to the above.
– And for example, the Nafaqah upon the Arzaaq (wages) of the soldiers. If the Bait ul-Maal was not sufficient to meet the needs of the soldiers’ wages, then a tax is imposed in accordance to the amount required to meet this need, without any increase upon that, whilst this would be imposed upon then wealthy. That is because the Nafaqah (spending) upon the wages of the soldiers is not just obligatory upon the Bait ul-Maal, but is rather also obligatory upon the Muslims. Ahmad recorded in his ‘Musnad’ a relation from ‘Abdullah Ibn ‘Amr that he said: The Messenger of Allah ﷺ said:
«لِلْغَازِي أَجْرُهُ، وَلِلْجَاعِلِ أَجْرُهُ وَأَجْرُ الْغَازِي»
“The Ghaazi (one who goes out to fight) has his reward and the Jaa’il (one who pays for another to go to fight) has his reward and the reward of the Ghaazi”.
– For example, the spending to set up a hospital in a town that does not have another one in the case where harm will befall the people if there was no hospital. If the Bait ul-Maal was not sufficient to meet the need of the setting up of the hospital, then the tax will be imposed in accordance to the amount required to meet the need without any increase upon that whilst that would be imposed upon the wealthy. That is because the spending upon the setting up of a hospital is an essential matter and harm results from its absence. This setting up is not Waajib upon the Bait ul-Maal alone but is rather also obligatory upon the Muslims and that is because the Nahi (forbiddance) of the Darar (harm) is general: Al-Haakim related in ‘Al-Mustadrak’, whilst he said that the “This Hadeeth is Saheeh in its Isnaad (chain)”, that it was related from Abu Sa’eed Al-Khudri (ra) that the Messenger of Allah ﷺ said:
«لَا ضَرَرَ وَلَا ضِرَارَ، مَنْ ضَارَّ ضَارَّهُ اللَّهُ، وَمَنْ شَاقَّ شَاقَّ اللَّهُ عَلَيْهِ»
“There is no Darar and no Diraar (harming and reciprocation of harm), whoever harms, Allah harms him and whoever causes hardship (or inconvenience) then Allah brings hardship (or inconvenience) upon him”.
– And for example, the spending upon the emergency and sudden events or incidents that occur upon the Ummah like a famine (drought), flood or earthquake… If the Bait ul-Maal is not sufficient to meet this emergency spending, then a tax is imposed in accordance to the amount of the required expenditures without any increase whilst that would be imposed upon the wealthy. That is because the spending upon emergency events and occurrences is not only Waajib upon the Bait ul-Maal but rather it is also obligatory upon the Muslims.
Abu Dawud extracted in his ‘Sunan’ in a relation from Ibn Hujair Al-‘Adawi that he said: I heard ‘Umar Ibn Al-Khattaab relate from the Prophet ﷺ in respect to this story he said:
«وَتُغِيثُوا الْمَلْهُوفَ وَتَهْدُوا الضَّالَّ»
“And to come to the assistance of the anxious (or troubled) and guide the astray”.
The evidences of the famine that we have mentioned above also apply upon this.
5 – As for the Nafaqaat (expenditures) which are only obligatory upon the Bait ul-Maal and not also obligatory upon the Muslims, then these are not spent upon unless there are sufficient funds within the Bait ul-Maal (treasury). If there are not sufficient funds, then taxes are not imposed for them but rather it is waited until there are funds within the Bait ul-Maal. That is like the spending upon a Maslahah (interest) form amongst the interests of the Muslims which their absence does not bring about a harm upon them. That is like the opening of a secondary road whilst there exists another or opening a second hospital whilst there is another than can be sufficed with. It also includes the like of opening up production projects, upon which their absence will not incur a harm upon the Ummah or the setting up of a factory to extract coal or a reservoir to build trade ships and so on… These matters and what are similar to them are not spent upon from the Bait ul-Maal unless there are sufficient funds for that…
6 – As for the taxes not be imposed except upon the wealthy alone, then that is because the tax is not taken from the individual except from that which is surplus or excess of the satisfaction of his basic or fundamental needs (Al-Haajjaat Al-Asaasiyah) and the luxury or complimentary needs according to the usual or customary standard of living (Bil-Ma’roof). So in respect to the one, from amongst the Muslims, who has a surplus beyond the satisfaction of his basic and complimentary needs, taxes are taken from him. That is whilst the one who does not have any surplus after the satisfaction (of his needs) does not have anything taken from him. That is due to the statement of the Messenger of Allah ﷺ:
«خيرُ الصدقة ما كان عن ظهر غنى»
“The best Sadaqah is that which was (given) on the back of Ghinaa (sufficiency)”recorded by Al-Bukhari and related from Abu Hurairah.
The ‘Ghinaa’ is that which the person can do without, which refers to the level of his sufficiency in respect to satisfying his needs. And Muslim related from Jaabir that the Messenger of Allah ﷺ said:
«ابدأ بنفسك فتصدّق عليها، فإن فَضَلَ شيءٌ فلأهلك، فإن فَضَلَ عن أهلك شيءٌ فَلِذي قرابتك، فإن فَضَلَ عن ذي قرابتك شيءٌ فهكذا وهكذا – يقول فبين يديك، وعن يمينك، وعن شمالك»
“Begin with your own self and give Sadaqah to it. And then if there is anything left over from it, give it to your own family, and then if there is anything left over from your family, then give it to your relatives, and if there is something left over after giving to your relatives, give it in such and such way – saying ‘to whoever is in front of you, to whoever is to your right and to whoever is to your left”.
And so the one whom he must spend upon is delayed from himself. The tax is similar to that because it is like the Nafaqah and like the Sadaqah, as Allah سبحانه وتعالى says:
وَيَسْأَلُونَكَ مَاذَا يُنْفِقُونَ قُلِ الْعَفْوَ
“And they ask you about what they should spend. Say: ‘Al-‘Afwa’ [Excess beyond needs]”
(Al-Baqarah: 219)
Which means that which in there is no effort in respect to its spending and that is the surplus beyond the need. Therefore, the tax is taken from the wealth that is surplus to the need which means that it is only taken from the wealthy. Consequently, a tax is not taken from the Fuqaraa’ (poor) whilst the Aghniyaa’ are known within the (state) department that deals with the Zakaah.
7 – As for the taxes not being imposed except in accordance to the amount of the need and sufficiency, then that is because the Shar’iyah texts have permitted the taking of the tax to meet needs of particular types and that is which it has exempted from the prevention (or forbiddance) of taking from the property of the individual without his consent. It is therefore obligatory to stop at the limit that has been mentioned in the texts otherwise is would be a Zhulm (unjust or oppressive act). That is because it not permissible to take the property of a person except by Tayyib An-Nafs (consent) from him, whilst specific cases or circumstances are exempted where the text has permitted the imposition of taxes for them in accordance to the amount or level of need and sufficiency.
8 – From what has been previously mentioned, it becomes evident that the assumption of the presence of a deficit “permanent or semi-permanent” in the “budget” within the Khilafah State, represents an assumption that is out of its context. That is because the deficit, where the sources of revenue do not meet the expenditures, is a matter that is contrary to the original position in the case where Islaam is applied well… That is due to two important matters:
A – The Ahkaam Ash-Shar’iyah have explained in detail the manner of raising funds by the State and how it should be spent and it did not make that fall under the Ijtihaad of the people and their estimations… It made the spending upon some matters unrelated to the existence of funds or the non-existence of funds within the Bait ul-Maal and that is because the spending is an obligation upon the Bait ul-Maal and upon the Muslims… And we have explained above the matters in which it is obligatory for spending to be undertaken upon whether there are funds in the Bait ul-Maal or there are not… And taxes are imposed for these if there are no funds in the Bait ul-Maal for them.
As for the obligatory Nafaqaat (expenditures) that are only a duty upon the Bait ul-Maal and not also a duty upon the Muslims, then they will not take place unless there are sufficient funds in the Muslim’s Bait ul-Maal for the spending, whilst taxes are not imposed for them as we have previously explained…
B – The continuous (or permanent) revenues of the Bait ul-Maal are: Al-Fa’I, Al-Ghanaa’im, Al-Anfaal, Al-Kharaaj and Al-Jizyah… In addition to that are the revenues of the public owned properties with their various types, the revenues of the state owned properties, the ‘Ushoor, the Khumus (5th) of the Rikaaz (buried treasure), the minerals and the Zakaah properties… The original situation is for the funds of the permanent revenues of the Bait ul-Maal to be sufficient for the spending upon what it is obligatory for the Bait ul-Maal to spend upon, in the case of the existence of the funds or its non-existence… In that way the occurrence of a financial deficit to cover the expenditures is a matter that is unlikely to occur
There are more elaborate details that we have explained in our books: The Economic System, The Funds in the Khilafah State, and the Introduction to the Constitution.
I hope that this answer has been sufficient by Allah’s permission.

Your brother,
Ata Bin Khalil Abu Al-Rashtah
12th Sha’ban 1437 AH
Corresponding to 19/05/2016 CE

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Saturday, May 14, 2016

The Musalli (Mosque go-er)

The Musalli (Mosque go-er)
 
 
 
 
 
Allah, the Exalted, says:
 

"The attendants of Allah's Masjid(mosque) are those who believe in Allah and the last day" [Quran-At-Taubah 18].

A Mosque go-er wrote a letter to the editor of An Islamic Journal and complained that it made no sense to go to Mosque. "I've gone for 30 years now," he wrote, "and in that time I have heard something like 3,000 Bayaans (Lectures). But for the life of me, I can't remember a single one of them. So, I think I'm wasting my time(going to the Mosque) and the Imams are wasting theirs by giving Bayaans(Lectures) at all ."

This started a real controversy in the "Letters to the Editor" column, much to the delight of the editor. It went on for weeks until someone wise person wrote this clincher.

"I've been married for 30 years now. In that time my wife has cooked some 32,000 meals. But for the life of me, I cannot recall the entire menu for a single one of those meals. But I do know this: They all nourished me and gave me the strength I needed to do my work. If my wife had not given me these meals, I would be physically dead today. Likewise, if I had not gone to Mosque for nourishment, I would be spiritually dead today!"

The Excellence in Going to The Masjid(Mosque)

 

The Noble Messenger of Allah (Peace be upon him) is reported to have said:

 

·         "Whoever attends the mosque, Allah prepares a special hospitality for him" (Muslim).

·         "If anyone goes back and forth to the mosque, Allah will prepare for him a feast in paradise as often as he goes back and forth."

·         "If anyone purifies himself in his house, and then walks to one of the houses of Allah to fulfill one of the obligations laid down by Allah, then [each one] of his steps will erase one of his sins and the next will raise his degrees."

·         "The mosque is a house for every pious person, and Allah provides everyone whose house is the mosque with comfort, leisure, and a path to Allah's pleasure, to paradise."

"Allah makes the way to Jannah(Paradise) easy for him who treads the path in search of knowledge.''[Hadith-Muslim].


Preparing for Ramadhaan

 Preparing For Ramadhaan-The 'Month Of Mercy'
By Sister  S Bemath

As the dawn of Ramadhaan approaches, offering us glimpse of its golden rays of purity, every Muslim around the world prepares to experience the warm ambience which only this month can bring. From Suhoor to Iftaar to Taraaweeh Salaah, Ramadhaan brings together brothers, sisters, parents and children. In order to derive the utmost benefit from the sacred month of Ramadhaan, it is crucial to recognize the spiritual significance and importance of this month. Fasting during this month should be only for ALLAH TA'ALA, and that HE will give the reward for it, for the reward of ALLAH, the Bountiful and Munificent, is greater and vaster than anyone could imagine, Subhaan-ALLAH!


A Hadith so beautifully encapsulates:"The reward for every good deed of Adam will be multiplied anywhere between ten and seven hundred times. ALLAH said: 'Except for fasting, because it is for ME and I MYSELF will give recompense for it. He gives up his food and his passion for ME.' For the one who fasts, there are two times of rejoicing, one when he breaks the fast, and one when he meets his Lord. Verily the smell that comes from the mouth of one who is fasting is more pleasing to ALLAH than the scent of musk." (Hadith:Bukhari and Muslim)

Beloved Reader! This is a month which ALLAH TA'ALA has designated for the revitalization of the soul and one's spiritual ascension after a year full of sin and spiritual retrogression. However, all this will only be possible if we value this precious month and prepare for it accordingly. It is reported that Muhammad (Sallallaahu Alaihi Wa Sallam) used to commence His preparation two months prior to Ramadhaan by reciting the following supplication at the beginning of Rajab, "O ALLAH! bless us in Rajab and Sha'baan and make us reach Ramadhaan" .This shows the importance of conditioning oneself mentally and spiritually for the advent of this month. Ramadhaan is a long- awaited celestial guest; accordingly, we ought to prepare the grandest reception in appreciation for all of it's beautiful blessings and barakah. It is only through such yearning and longing that the significance of Ramadhaan will develop in our hearts serving as a catalyst to increase our good deeds and to fulfil the objectives of Ramadhaan.

Therefore, we should strike a balance, during this all-too-short blessed month, between our domestic duties and the opportunity this month brings, to draw closer to ALLAH through worship and good deeds. Do not let our household chores and other work distract us from performing the obligatory Salaah at the appointed times or from reading the Qur'aan Kareemf or Nafl Salaah. Nor should we let traditional late-night family gatherings keep us from performing Qiyaam al-Layl and making Du'a. There are three main objectives to attain from this blessed month, namely absolution of one's sins, attainment of piety and enhancing one's communion with ALLAH TA'ALA. In regards to absolution of sin, Muhammad (Sallallaahu Alaihi Wa Sallam) mentioned, "Whoever fasts and stands for worship in Ramadhaan out of faith and anticipation of reward, all of his previous sins will be forgiven." (Ibn Majah)


The main element mentioned in this Hadith is that our effort and striving in worship throughout the month should be with the zest of Imaan and zeal of reward. The recompense of this will be a thorough effacement of sins. The veil of inhibition that impedes a person from his or her Rabb will be removed and the doors to a life of spiritual bliss, ecstasy and harmony will be flung open. Subhaan-ALLAH!

ALLAH TA'ALA states,

"O you who believe, fasting has made compulsory upon you as it made compulsory upon those before you so that you may become ALLAH fearing." (Quran:2:183)

Alhamdulillah! Fasting is one of the best spiritual exercises to establish piety, patience and a perpetual consciousness of ALLAH TA'ALA and the reward for true patience is Jannah. In this beautiful month four things you should continue to perform in great number, two of which shall be to please your Rabb, while the other two shall be those without which you cannot do. Those which shall be to please your Rabb, are that you should in great quantity bear witness that there is no diety to worship except ALLAH (i.e. recite the Kalimah Tayyibah Laa Ilaaha Illallaah) and make much Istighfaar (beg ALLAH'S forgiveness with Astaghfirullaah)." And as for those without which you cannot do, you should beg of ALLAH, entrance into Paradise and ask refuge in HIM from Jahannam(Hell)." Once a person feels the bliss of being completely pardoned and relieved from the burden of sins coupled with the feelings of ALLAH'S Omnipresence, he or she would have reached a very high pedestal of divine communion. This pedestal is what referred to as the stage of Ihsaan; where a person worships ALLAH as if he or she is seeing HIM or with the full conviction and cognizance that ALLAH is watching him or her.

Beloved Reader! The Mubarak month of Ramadhaan requires special preparation because it requires complete dedication on part of the Mu'min. Below are a few easy ways to Inshaa-ALLAH (ALLAH willing) help prepare our minds and hearts for this upcoming Month of Mercy.

1. INTENTION TO PREPARE:
One of the most essential elements of preparing for the arrival of Ramadhaan is to make the intention for preparation for verily "every action judged by it's intention"(Hadith-Bukhari).  The preparation begins the day you start practicing humility and patience and learn how to control your nafs (desires) and anger.

2. PERFORM REWARDING ACTIONS:
In the spirit of Ramadhaan, it is best to start preparing for the blessed month by performing actions that are rewarding and appreciated by our beautiful ALLAH. According to a Hadith, "If a person says, "SubhaanALLAH"(Glory be to ALLAH) 100 times, a thousand good deeds are recorded for him and a thousand bad deeds are wiped away."

3. INCREASE THE WORSHIP:
To start preparing for the blessed month of Ramadhaan, it is best if you start increasing your worship. This will allow you to adjust your routine for the arrival of Ramadhaan.  Increase all forms of Ibadah(worship) such Fasting,recitation of Qur'an, Zikr, Sadaqah(Charity) , Nafl (voluntary) Salaah etc

4. DETERMINE SPECIFIC DAYS FOR FASTING:
To adjust your body to fasting, it is best that you start fasting beforehand. You should define specific days for fasting. For example, if you fast every Monday and Thursday, you will be more fully prepared for Ramadhaan making the adjustment much easier.

5. READ THE MUBARAK QUR'AAN  REGULARLY:
For individuals who have not prepared for reading and reciting Qur'aan during Ramadhaan, Qur'aan Kareem recitation while fasting becomes difficult. It is best if you start reading the Mubarak Qur'aan  after Fajr salaah on a daily basis just to prepare for the Ramadhaan spirit.

6. ADJUST SLEEPING HABITS:
Ramadhaan teaches us to adjust the way we lead our life. Therefore, before the arrival of Ramadhaan, it is ideal if you start adjusting your sleeping habits. You should start off by going to bed early and rising early. If you are used to this routine, you will not feel sleepy and tired when Ramadhaan arrives.

7. DEFINE OBJECTIVES:
Ramadhaan is the ideal month to embark on your journey to fresh objectives. If you are a smoker and want to quit this habit, you should start off with this month. If you want to be an early riser, still Ramadhaan is the perfect month for you.

In essence, Ramadhaan is the most blessed and rewarding month. Therefore, all Muslims should try their best prepare for this auspicious month of Ramadhaan. Regular recitation of Qur'aan, voluntary charity and recitation and offering prayers will help you prepare for the Ramadhaan spirit. Inshaa-ALLAH!

O Beloved Reader! Let us embellish our Akhlaaq(character) in this beautiful and blessed month with gifts presented by the Prophet of guidance (Sallallaahu Alaihi Wa Sallam). Let us make this Ramadhaan a means of gaining nearness to Allah Ta'ala and preparing for the eternal journey that each and every one of us must traverse.


The Miracle of PositiveThinking

The Miracle of Positive Thinking
By Sister Shahnaaz Bemath



Thinking positive can work miracles. You may have been told to "guard your thoughts", but felt the advice to be pointless. After all, your thoughts are private. How can they possibly affect someone else? The fact is, thoughts do seem to boomerang in some mysterious ways. Science has not found a way to measure them as they have invisible sound waves. In order to understand how positive thinking works, and how to use it efficiently, it is important to understand the power of negative thinking.

"Negative thoughts and tensions are like birds. We cannot stop them from flying near us but, we can certainly stop them from making a nest in our mind."

The mind can be directed towards positive thinking or negative thinking. The power of thought is a neutral power. The way one thinks determines whether the results are positive and beneficial or negative and harmful. It is the same of energy acting in different ways. Persistent inner work can change habits of thoughts. You must be willing to put energy and time to avoid negative thinking and pursue positive thinking, in order to change your mental attitude. Think of those things which are true, honest, just, pure, lovely, in other words, to fill your mind with noble, good thoughts, leaving no room for negative ones to take root.

The Noble Messenger of ALLAH (peace be upon him) has reported that ALLAH, The Most Wise, said: "I treat  my servant as how he thinks of Me" (Hadith- Bukhari/ Muslim). In other words, ALLAH TA'ALA treats His servant in the way how he thinks of ALLAH, what he hopes from and how he sets his hopes on ALLAH. So, those who come positive and with a great hope to the door of Mercy of the Almighty Creator will Insha Allah not return empty-handed.

The most powerful weapon you have at your disposal is Du'a (prayer). Use it and use it often. The basis of prayer is to lift us and situations to Almighty ALLAH -- an inner act of visualisation. A further step is to contemplate on our beautiful teachings of Islam -- this involves controlling and directing out thoughts. A simple way to think of this is to imagine your mind to be like a garden. That garden can be spoilt and overrun by negative, destructive thoughts (weeds), or it can become a place of peace and harmony by the cultivation of flowers (uplifting thoughts).

"Your mind is a garden. Your thoughts are the seeds. You can grow flowers. Or you can grow weeds."

Are you prone to depression? Do you see your life as a hopeless mess... consider yourself a failure? If you do, then you will close your mind, see no opportunities, and behave and react in such ways, as to repel people and opportunities. You let the power of negative thinking rule your life. Try replacing such negative thoughts with positive ones. Talk to your beloved ALLAH, ALLAH does not create a lock without a key, and ALLAH doesn't give you problems without its solutions. Trust HIM! While recognising these problems, picture yourself as mastering each one. Visualise yourself handling each situation creatively; being a success; gradually allowing your given potential to blossom.

The beloved Messenger of ALLAH (Sallallaahu Alaihi Wa Sallam) advised us if you look forward to good things, it will happen In'Shaa'ALLAH. Thinking positive is a very important element of Islam. Always think that ALLAH has a plan for you, if something goes wrong, it will probably lead you to something good. HE is working things out for you, even if you don't feel it. Have faith and be thankful. Where faith and hope grows, miracles blossoms, ALLAHU AKBAR!

At first, this kind of thought control may seem like an inner game -- but you'll be surprised at how, slowly but surely, your outer circumstances begin to change. For thought precedes action, and the right thoughts precede a chain of good actions. Destructive thoughts, on the other hand, act as poisoning agents. They embitter and limit the thinker, preventing him or her from developing good relationships, because others sense the wrong thoughts telepathically, and shy away instinctively.

Conversely, if you greet people with the thought that they'll probably be nice to know, such a positive thought will affect their response. If you're afraid of someone, replace that fear with a thought which recognises that the person's given potential "core" is probably hidden under layers of unhappiness and wrong thinking. Silently bless that person, and ask that his or her true self be given a chance to manifest.

A friend was once terribly upset because someone was spreading false rumours about her. She could not deny the rumour publicly. All she could do was pray for the woman, try to think about her charitably and visualise her acting differently. She did this consistently for some weeks. One day, unexpectedly, the woman phoned her to apologise and say she'd been mistaken, Subhaan-ALLAH! It seemed like a miracle! But right thinking can work miracles... Life has many different chapters for us. One bad chapter doesn't mean the end of the book. Be positive and keep your faith in ALLAH. Once we function in harmony with ALLAH'S beautiful laws of love and forgiveness -- and this includes spreading good, true and beautiful thoughts -- our lives will flower as they were meant to.

"Think positive, Think different. Don't waste your precious energy on negative thoughts."

Decide that from today, from this very moment, you are leaving negative thinking behind, and starting on the way towards positive thinking and behaviour. It is never too late. Soon your life will turn into a fascinating, wonderful journey. Wake up every morning with the thought that something beautiful is about to happen. Let's welcome each day with a smile and bid farewell with a smile. We thank ALLAH for HIS blessings. Take advantage of our positive energy and employ them in doing well in this life. Let's learn, read and after that, we will find the entire universe will extend to us it's heart and the whole world will hug us with its beauty... Subhaan-ALLAH!

There is something beautiful in life. You just have to find it....be positive and it will find you!