Saturday, February 18, 2012

A Statement from Hizb ut-Tahrir Syria to the Muslim Scholars


On the 15th of Rabee' ul-Awwal 1433, corresponding to 7th Februrary 2012, 107 Muslim scholars issued a declaration regarding the events in Syria. This statement included fatawa about the sanctity of the Muslims' blood and their right, and that it is impermissible for members of the army or security services to kill anyone or to remain in their posts. They expressed support for the (Syrian) Free Army, and called on the Arab and Islamic countries to take a serious position towards the Syrian regime, and towards the states supporting it, like Russia and China. In addition, they called on the opposition to join ranks so that they could build their state on the basis of justice, protection of rights, establishing the freedoms, and institutions that would protect the country and its interests. They also announced their support for any effort which would prevent shedding of the Syrian people's blood, and that such efforts should lead to free elections, a fair distribution of power and compensation for victims and their families.

It is indeed good that Ulema from many different Muslim lands have joined together, which emphasises that the Muslims' causes are one; however it is highly blameworthy that this declaration does not contain any Islamic solution. It is as though it was intended to please certain authorities with whom Allah subhana wa ta'ala is not pleased – in other words the Western Kafir Capitalist states, and the regimes who do not rule by what Allah has revealed. It is obligatory that the declaration of Muslim scholars should be comprehensive, definitive, clear, bold and should put the right points in the right places, expressing the true position of Islam regarding what is happening in Syria and the rest of the Muslims' lands. They should send a genuine call to all the Muslims, so that they take a stance which is sincere to their Lord and to their Deen. They should declare that the Islamic Ummah – in her causes, her peace and her war – is one Ummah, and she cannot be separated by walls or borders. Nor can she remain separated by regimes cultivated by the West to divide her according to their interests – the same West which now fights over our lands as the wolves fight over the sheep.

We in Hizb ut-Tahrir Syria remind these ulema' first of all that they are the inheritors of the Prophet (sall Allahu alaihi wa sallam), and they are the trustees of his Deen; Allah has taken a covenant from them that they must convey the truth to the people, and not conceal it.

We also remind that Allah sees and hears them, and among the Sharee'ah rules that they would be sinful for concealing and not conveying are the following decisively proven rules:

The Muslims of Syria are obliged to overthrow the regime in Syria because first and foremost, it is a regime which does not rule by Islam

The method of change must be according to the method of Rasoul Allah (sall Allahu alaihi wa sallam). It must be a clean work, which is undertaken by all of the Muslims, including their scholars, leading personalities, the general masses and the people of power amongst them, by their own hands, as they are the ones who have the power to change the situation practically in their land.

The people of power in Syria must know that they have two Shar'i obligations: protection of their people, and supporting their deen in order to establish the Islamic Khilafah state, as the Ansar supported Allah, his Messenger and the Muslims in Madeenah Munawwarah.

The call for a civil, secular, irreligious state is a call of falsehood, as such regimes are regimes of Kufr which it is forbidden to adopt, implement or call for.

Foreign intervention in the Muslims' lands is forbidden, whether this was America and Europe, who hypocritically claim that they support the people of Syria, or Russia and China who are open in their enmity towards them. All of these states are united In their enmity towards Islam and in fighting it, however each of them uses their own methods.

Calling for UN Security Council intervention is forbidden, as its legislation is Kufr legislation, and its goals are tied to the objectives of the major powers, particularly America.

Along with this, if these scholars intend to be sincere men of knowledge, they should declare that the situation of all of the Muslims in their lands is one, and thus the Sharee'ah solution for them is one – that the tyrant regimes which do not rule the Muslims by what Allah has revealed must be removed and the Islamic state must be established in their place.

O distinguished Ulema in all of the Muslims' lands:

Indeed the time has come that you say the word of truth, after a long period of silence, and that you work for the establishment of the promised Islamic Khilafah state, after a long period of waiting. It may indeed be that the homeland of the Khilafah may be Ash-Sham (Syria region), which Allah has blessed. Take your share of the reward in this critical time of the labour, which may give birth to the Islamic state.

Allah ta'ala says:

وَعَدَ اللَّهُ الَّذِينَ آمَنُوا مِنكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُمْ فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِن قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَىٰ لَهُمْ وَلَيُبَدِّلَنَّهُم مِّن بَعْدِ خَوْفِهِمْ أَمْنًا ۚ يَعْبُدُونَنِي لَا يُشْرِكُونَ بِي شَيْئًا ۚ وَمَن كَفَرَ بَعْدَ ذَٰلِكَ فَأُولَٰئِكَ هُمُ الْفَاسِقُونَ
"Allah has promised those who have believed among you and done righteous deeds that He will surely grant them succession [to authority] upon the earth just as He granted it to those before them and that He will surely establish for them [therein] their religion which He has preferred for them and that He will surely substitute for them, after their fear, security, [for] they worship Me, not associating anything with Me. But whoever disbelieves after that – then those are the defiantly disobedient" [an-Noor, verse 55]

Hizb ut-Tahrir
Wilayah of Syria
17th Rabee' ul-Awwal 1433
9th February 2012

Source

Q&A: Advice to husbands & wives especially those who are engaged in the da’wah work?

The following is a translation from an Arabic Q&A from the Ameer of Hizb ut-Tahrir from the website of it's Media Office.

Question: We read about secure and satisfying married life in the Book of Allah (swt) and His Prophet (saw), but in our times we observe great contradictions in the countries where we live, even among the married couple who are engaged in the da'wah work. Married couples may disagree on the choice of their home, on the issue of dealing with the parents of the groom or the bride or on the issue of visiting their relatives... and the husband's relatives who are cited as death... Each of the partners insists that it is his or her right or that it is his or her obligation, and they persist in their own opinion in the belief that each of them claims to be correct and rightful in accordance with the Shariah laws and refuses to budge from his position and make amends...

What would be the advice, especially to those who are engaged in the da'wah work?

Moreover, what is the meaning of the Ayah:

{وَأْمُرْ أَهْلَكَ بِالصَّلَاةِ وَاصْطَبِرْ عَلَيْهَا لَا نَسْأَلُكَ رِزْقًا نَحْنُ نَرْزُقُكَ وَالْعَاقِبَةُ لِلتَّقْوَى}
"And enjoin As-Salât (the prayers) on your family, and be patient in offering them [i.e. the Salât (prayers)]. We ask not of you a provision (i.e. to give Us something: money): We provide for you. And the good end (i.e. Paradise) is for the Muttaqûn (the pious). [TMQ Taha: 20: 132].

May Allah reward you.

Answer:

We are surprised and pained by your question, how can those who carry this pure and pious da'wah by the will of Allah (swt), fail in their own lives. How can their lives be muddled with hate and grudge instead of being full of compassion and honor?

Indeed married life is not a lifeless and fixed equation of 1+1=2! It is compassion and mercy, peace and tranquility, it is such people who do not understand how to fill their married lives compassionate and merciful as Allah (swt) has said:

                                               {وَمِنْ آَيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً إِنَّ فِي ذَلِكَ لَآَيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ}الروم (30)،
"And among His Signs is that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect". [TMQ ar Room: 21].

Such people need to learn plenty of lessons and pay heed to what they learn; also they may also need to be punished. In any case, the following are the answers:

1: Answers to all questions pertaining to marital relations are as follows:

Hadith of the Prophet (saw) for the married couples:

Aishah (r.a) narrates that the Prophet (saw) said:

«خَيْرُكُمْ خَيْرُكُمْ لِأَهْلِهِ وَأَنَا خَيْرُكُمْ لِأَهْلِي»أخرجه الترمذي وابن ماجة.
The best among you is one who is good to his family, and I am the best of you to my family.

For the wives: Abi Hurairah (r.a) narrates from the Prophet (saw) that he said:

«لَوْ كُنْتُ آمِرًا أَحَدًا أَنْ يَسْجُدَ لِأَحَدٍ لَأَمَرْتُ الْمَرْأَةَ أَنْ تَسْجُدَ لِزَوْجِهَا»
If I were to order any of you to prostrate before anyone, I would have ordered woman to prostrate before her husband. 

This hadith is reported in Tirmidhi, while Ibn Majah also narrates a similar hadith on the authority of Sa'eed ibn Musayyib and Aisha (r.a).

I repeat that it is imperative for the married couple to be aware that marital relations are not a fixed and lifeless equation 1+1=2, rather such relations are a source of happiness and contentment as Allah (swt) has said:

                                               {وَمِنْ آَيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً إِنَّ فِي ذَلِكَ لَآَيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ}الروم (30)،

"And among His Signs is that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect". [TMQ ar Room: 21].



The wife is enjoined to be faithful to her husband and fill his heart with happiness even at the cost of her own comfort and convenience. No sane woman would ever tell her husband that I am enjoined to be faithful to you but I have no relations with your parents. This is because any sane woman would know that if she is kind to her husband's parents and deals well them, then her behavior would be a source of happiness for her husband which is her obligation...The Prophet (saw) said:

«مَا اسْتَفَادَ الْمُؤْمِنُ بَعْدَ تَقْوَى اللَّهِ خَيْرًا لَهُ مِنْ زَوْجَةٍ صَالِحَةٍ إِنْ أَمَرَهَا أَطَاعَتْهُ وَإِنْ نَظَرَ إِلَيْهَا سَرَّتْهُ وَإِنْ أَقْسَمَ عَلَيْهَا أَبَرَّتْهُ وَإِنْ غَابَ عَنْهَا نَصَحَتْهُ فِي نَفْسِهَا وَمَالِهِ» أخرجه ابن ماجه عن أبي أمامة
After piety of Allah (swt), nothing is as fruitful for a believer more than a good wife who obeys when ordered by her husband; when he casts a glance towards her, he is filled by happiness; if he takes a oath counting on her, he justifies it; and when the husband is away, she advises him well, guards herself as well as his property.

This hadith is reported in Ibn Majah on the authority of Abi Umamah (r.a), also Abi Dawood has reported a similar hadith on the authority of Ibn Abbas (r.a).


Similarly, the husband is obligated to deal properly and fairly with his wife and improve her living, Allah (swt) said:

{وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِنْ كَرِهْتُمُوهُنَّ فَعَسَى أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيهِ خَيْرًا كَثِيرًا}
"and live with them honourably. If you dislike them, it may be that you dislike a thing through which Allâh brings a great deal of good." [TMQ an Nisaa 19]: 

The husband is enjoined to honor her right of a good life and at the same time also honour the rights of his parents which he is obligated to, but without falling short on his obligations to his wife. Allah (swt) said:

{وَقَضَى رَبُّكَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ وَبِالْوَالِدَيْنِ إِحْسَانًا}
"And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents.". [TMQ al-Israa: 23].
{وَوَصَّيْنَا الْإِنْسَانَ بِوَالِدَيْهِ حُسْنًا}
"And We have enjoined on man to be good and dutiful to his parents" [TMQ al-‘Ankabout: 08].

Ibn Mas'oud (r.a) said:

«سَأَلْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قُلْتُ يَا رَسُولَ اللَّهِ أَيُّ الْعَمَلِ أَفْضَلُ قَالَ الصَّلَاةُ عَلَى مِيقَاتِهَا قُلْتُ ثُمَّ أَيٌّ قَالَ ثُمَّ بِرُّ الْوَالِدَيْنِ قُلْتُ ثُمَّ أَيٌّ قَالَ الْجِهَادُ فِي سَبِيلِ اللَّهِ» أخرجه البخاري.

I asked Allah's Apostle, "O Allah's Apostle! What is the best deed?" He replied, "To offer the prayers at their early stated fixed times." I asked, "What is next in goodness?" He replied, "To be good and dutiful to your parents." I further asked, what is next in goodness?" He replied, "To participate in Jihad in Allah's Cause."

No sane and wise husband would prevent his wife from keeping good relations with her parents and blood-relatives and dealing nicely with them and develop relations with them which in turn would result in marital affinity between the couple. Allah (swt) has likened the relations with in-laws to blood relations in His ayaat, He said:

أَلَمْ تَرَ إِلَى رَبِّكَ كَيْفَ مَدَّ الظِّلَّ وَلَوْ شَاءَ لَجَعَلَهُ سَاكِنًا ثُمَّ جَعَلْنَا الشَّمْسَ عَلَيْهِ دَلِيلًا...
"Have you not seen how your Lord spread the shadow. If He willed, He could have made it still - but We have made the sun its guide (i.e. after the sunrise, the shadow shrinks and vanishes at midnoon and then again appears in the afternoon with the decline of the sun, and had there been no sunlight, there would have been no shadow)". [TMQ al-Furqan: 45]

Until He (swt) said:

{وَهُوَ الَّذِي مَرَجَ الْبَحْرَيْنِ هَذَا عَذْبٌ فُرَاتٌ وَهَذَا مِلْحٌ أُجَاجٌ وَجَعَلَ بَيْنَهُمَا بَرْزَخًا وَحِجْرًا مَحْجُورًا * وَهُوَ الَّذِي خَلَقَ مِنَ الْمَاءِ بَشَرًا فَجَعَلَهُ نَسَبًا وَصِهْرًا وَكَانَ رَبُّكَ قَدِيرًا}
"And it is He Who has let free the two seas (kinds of water), this is palatable and sweet, and that is salt and bitter; and He has set a barrier and a complete partition between them. And it is He Who has created man from water, and has appointed for him kindred by blood, and kindred by marriage. And your Lord is Ever All-Powerful to do what He wills.[TMQ al-Furqan: 53,54]

The likening of relations with in-laws to blood-relations is an indication that that each of these relations are to be respected and considered and that each of these reflect the greatness of the Creator and His powers and authority.


This alone is sufficient for wise and sane husband and wife:

{إِنَّ فِي ذَلِكَ لَذِكْرَى لِمَنْ كَانَ لَهُ قَلْبٌ أَوْ أَلْقَى السَّمْعَ وَهُوَ شَهِيدٌ}
"Verily, therein is indeed a reminder for him who has a heart or gives ear while he is heedful". [TMQ Qaf: 37]

And for such people who do not pay heed to this, more of it in detail will also not be enough.

2: As for other questions that are not the core issues but nevertheless are related ones:

A: As for the in-laws and their being a critical issue as serious as death, which is reported in a hadith reported in Bukhari on the authority of ‘Uqbah ibn ‘Aamir:

«إِيَّاكُمْ وَالدُّخُولَ عَلَى النِّسَاءِ فَقَالَ: رَجُلٌ مِنْ الْأَنْصَارِ يَا رَسُولَ اللَّهِ أَفَرَأَيْتَ الْحَمْوَ قَالَ الْحَمْوُ الْمَوْتُ»
Allah's Apostle said, "Beware of entering upon the ladies." A man from the Ansar said, "Allah's Apostle! What about Al-Hamu the in-laws of the wife (the brothers of her husband or his nephews etc.)?" The Prophet replied: The in-laws of the wife are death itself.

This was with respect to a situation where her husband or Mahram is not present and she is in privacy with other in-laws (Hamu) who are not Mahram. The Hamu are those relatives of the husband who are not Mahram to the wife such as his brother or his cousin...as for his father, though linguistically he also is Hamu but is not included in the hadith because he is a Mahram to the wife. Visiting of Al-Hamu with the wife in privacy is likened to death in the hadith which is an indication of the graveness of prohibition.

In a situation where the husband or a Mahram of the wife is also present, there is no objection and the Shara' has permitted it just like meeting blood-relations or meeting over meals, what is prohibited is meeting in privacy. Explaining the above hadith, Ibn Hajar says in al Fatah al Bari:

"... Ibn has added in his narration reported by Muslim that: I heard Laith b. Said as saying: Al-Hamu means the brother of husband or like it from amongst the relatives of the husband, for example, cousin, etc. After reporting this hadith, Tirmidhi comments: "It is said that it pertains to the brother of the husband...he further says: the hadith, as it is reported means that man should not be with a woman in privacy, and when they are in privacy, the third among them is shaytan."

Similarly, there is this hadith concerning those women whose husbands are not present. This is reported in Tirmidhi and Musnad Ahmad on the authority of Jaber ibn ‘Abdullah (r.a) who says that the Prophet (saw) said:
«لَا تَلِجُوا عَلَى الْمُغِيبَاتِ فَإِنَّ الشَّيْطَانَ يَجْرِي مِنْ أَحَدِكُمْ مَجْرَى الدَّمِ»
Do not visit women whose husbands are away from home for the shaytan flows in you like the flow of blood.

Thus the issue of al-Hamu and the prohibition of al-Hamu being in privacy with women pertain to situations where her husband or her Mahram are not present. The prohibition of meeting women at such times when her husband is not present implies that meeting her in privacy the issue here. As for meeting her in the presence of her husband or her Mahram, the relatives of the husband are permitted to visit her. Therefore the strengthening of relations between the man and the family of his wife as well as between the wife and the family of her husband are permitted in accordance with commands of the shari'ah.

B: The abode of the wife is that of her husband where he lives. She should live there with her husband since the home affords her a kind life which her husband can afford to provide her. She is not permitted to dictate to him where to live, rather she should understand his position well as to where to live, but his opinion on the issue is final and she is obliged to live with him where he lives:

{أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنْتُمْ مِنْ وُجْدِكُمْ}
"Lodge them (the divorced women) where you dwell, according to your means," [TMQ Talaq: 06]

The ayah concerning the abode of divorced woman during the period of ‘iddah points to her right of being provided a house by the husband who has divorced her, therefore the wives are more deserving of a place of residence. The meaning of the phrase ‘where you live' is the house where one lives, the term ‘where' indicates the house and ‘that which you can afford' indicates what is within ones reach.

As long as she has been provided with a reasonable and secure house in accordance with the shari'ah and which the husband can afford, her demand for divorce on the ground of not being provided a house of her choice, is a matter in contravention of the Shari'ah commands...

C: The husband is prohibited to prevent her from keeping relations with her parents. This is because the man as well as woman is enjoined to sustain their blood relations. This is true not only for the man but for the woman as well since the address is general as includes both man and woman, the Prophet (saw) said:

«لا يدخل الجنة قاطع رحم»

The severer (of blood kinship) would not enter Paradise. (Narrated in Muslim on the authority of Jubair ibn Mut'im).

‘the one breaks blood relations' is general in the context to prohibition and ‘will not enter paradise' is also general including both the man as well as woman. Therefore, just as maintaining a relation with parents is obligatory on the husband, similarly, sustaining relations with her parents is obligatory on the woman. Thus if the husband will be sinful if he prevents his wife from sustaining relations with her parents. If we notice this, we shall take appropriate administrative action against this.

Therefore it the duty of the husband to facilitate relations between his wife and her parents without compromising her obligations towards her husband and his house. This is perfectly achievable for wise husband and wife who are pious and fearful of Allah (swt) and truthful with His prophet (saw)...

D: As for the Ayat:
{وَأْمُرْ أَهْلَكَ بِالصَّلَاةِ وَاصْطَبِرْ عَلَيْهَا لَا نَسْأَلُكَ رِزْقًا نَحْنُ نَرْزُقُكَ وَالْعَاقِبَةُ لِلتَّقْوَى}
"And enjoin As-Salât (the prayers) on your family, and be patient in offering them [i.e. the Salât (prayers)]. We ask not of you a provision (i.e. to give Us something: money): We provide for you. And the good end (i.e. Paradise) is for the Muttaqûn (the pious). [TMQ Taha: 20: 132].

This means that you and your family engage in praying to Allah (swt) and observing salah and not be concerned with the issue of sustenance and living, We (swt) are your Provider and We do not ask you to feed yourself nor your family, you be concerned with being obedient to Allah (swt) and order your family likewise and be aware that good end is for those who are pious.

Malik has narrated in his Muwatta on the authority of Zaid ibn Aslam who quotes his father that ‘Omar bin Khattab (r.a) used to be engaged in prayers during night time as much as Allah (swt) wanted him to, and he used to wake his family at the end of the night for prayers and would tell them: "Salah, Salah" and would recite this ayah:

{وَأْمُرْ أَهْلَكَ بِالصَّلَاةِ وَاصْطَبِرْ عَلَيْهَا لَا نَسْأَلُكَ رِزْقًا نَحْنُ نَرْزُقُكَ وَالْعَاقِبَةُ لِلتَّقْوَى}
"And enjoin As-Salât (the prayers) on your family, and be patient in offering them [i.e. the Salât (prayers)]. We ask not of you a provision (i.e. to give Us something: money): We provide for you. And the good end (i.e. Paradise) is for the Muttaqûn (the pious). [TMQ Taha: 20: 132].

Allah (swt) mentioned {وَاصْطَبِرْ عَلَيْهَا} and be patient in offering them (i.e. the Salâh) which indicates more severity than (واصبر عليهـا) being merely patient. This indicates more severity and effort in this regard. Man goes through severe patience and hardships in correcting his family and himself distances him from fire and bring him near to action, and Allah (swt) guards the good-doers.

It is pertinent to remind of this ayah:

{يَا أَيُّهَا الَّذِينَ آَمَنُوا قُوا أَنْفُسَكُمْ وَأَهْلِيكُمْ نَارًا وَقُودُهَا النَّاسُ وَالْحِجَارَةُ عَلَيْهَا مَلَائِكَةٌ غِلَاظٌ شِدَادٌ لَا يَعْصُونَ اللَّهَ مَا أَمَرَهُمْ وَيَفْعَلُونَ مَا يُؤْمَرُون}
"O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones, over which are (appointed) angels stern (and) severe, who disobey not, (from executing) the Commands they receive from Allâh, but do that which they are commanded." [TMQ Tahreem: 06]

Ward off yourselves and your families against a Fire i.e. distance yourself and your family which is your wife and children... by praying to Allah (swt) and enjoin that which is good and forbid that which is bad, and by learning the commands of your deen and teaching the same to your family, and by training and disciplining them in accordance with the Shar'a. Order your family to offer prayers, fasting, zakah, hajj and all the commands of the shari'ah...

Coming back to where I began, I am pained that shabab husbands and wives are so much constrained in their marital relations, and this means that both of them have not cultivated the da'wah and not adopted its ethics, also they have not performed it as it deserves to be, nor they have strengthened it. I fear for da'wah that it may slip after having been established.

25 Shawwal 1431 
05/10/2010


Source

Q&A: Does what is called a ‘karāmah’ exist or not?

The following is the translation from an Arabic Q&A.

Question

A miracle [mu'jizah] is an extraordinary occurrence [khāriqun lil ‘ādah] and it occurs only at the hands of prophets and messengers. However the scholars also use the word ‘karāmah'. They give it various definitions and attempt to establish its reality by many āyāt and ahādith. The question is: does what is called a ‘karāmah' exist or not? If the answer is yes we seek a comprehensive explanation in this matter, and if the answer is no, then how do we understand the story of the Ahl al-Kahf for instance or Ashāb al-Ukhdūd, or the saying of Umar ibn al-Khattāb (ra), ‘O Sāriya, the mountain!' Similarly the incident of Sa'd ibn Abi Waqqas in the Tigris river, and many like occurrences?


Answer

1. Allah (swt) has created the universe, man, and life with particular laws and characteristics which man is not able to change or break.

«لَا الشَّمْسُ يَنْبَغِي لَهَا أَنْ تُدْرِكَ الْقَمَرَ وَلَا اللَّيْلُ سَابِقُ النَّهَارِ وَكُلٌّ فِي فَلَكٍ يَسْبَحُونَ»
"Neither is it allowable to the sun that it should overtake the moon, nor can the night outstrip the day; and all float on in a sphere" (Yāsīn: 40)

«وَفِي الْأَرْضِ آيَاتٌ لِلْمُوقِنِينَ • وَفِي أَنْفُسِكُمْ أَفَلَا تُبْصِرُونَ»
"And in the earth there are signs for those who are sure, as also in your own selves: Will you not then see?" (al-Dhāriyāt: 20-21)

«هُوَ الَّذِي جَعَلَ الشَّمْسَ ضِيَاءً وَالْقَمَرَ نُورًا وَقَدَّرَهُ مَنَازِلَ لِتَعْلَمُوا عَدَدَ السِّنِينَ وَالْحِسَابَ مَا خَلَقَ اللَّهُ ذَلِكَ إِلَّا بِالْحَقِّ يُفَصِّلُ الْآيَاتِ لِقَوْمٍ يَعْلَمُونَ • إِنَّ فِي اخْتِلَافِ اللَّيْلِ وَالنَّهَارِ وَمَا خَلَقَ اللَّهُ فِي السَّمَاوَاتِ وَالْأَرْضِ لَآيَاتٍ لِقَوْمٍ يَتَّقُونَ»
"He it is Who made the sun a shining brightness and the moon a light, and ordained for it mansions that you might know the computation of years and the reckoning. Allah did not create it but with truth; He makes the signs manifest for a people who understand. Most surely in the variation of the night and the day, and what Allah has created in the heavens and the earth, there are signs for a people who guard (against evil)." (Yūnus: 5-6)

«إِنَّا زَيَّنَّا السَّمَاءَ الدُّنْيَا بِزِينَةٍ الْكَوَاكِبِ»
"Indeed We have beautified the nearest heaven with an adornment, the stars..." (al-Sāffāt: 6)

«وَلَقَدْ جَعَلْنَا فِي السَّمَاءِ بُرُوجًا وَزَيَّنَّاهَا لِلنَّاظِرِينَ»
"And certainly We have made strongholds in the heaven and We have adorned it for the beholders" (al-Hijr: 16)

These are just some of the many verses which show this.

2. Allah (swt) has also facilitated life for the creation in accordance with what he has determined in them of natural capacities. Man does not fly in the air with his body, like the birds, nor travel on water with his body like the creatures of the sea. He lives on his two feet on land, and cannot break the law by walking on water or flying in the air.

«وَمَا مِنْ دَابَّةٍ فِي الْأَرْضِ وَلَا طَائِرٍ يَطِيرُ بِجَنَاحَيْهِ إِلَّا أُمَمٌ أَمْثَالُكُمْ مَا فَرَّطْنَا فِي الْكِتَابِ مِنْ شَيْءٍ ثُمَّ إِلَى رَبِّهِمْ يُحْشَرُونَ»
"And there is no animal that walks upon the earth nor a bird that flies with its two wings but (they are) general like yourselves; We have not neglected anything in the Book, then to their Lord shall they be gathered." (al-‘Anām: 38)

«وَاللَّهُ خَلَقَ كُلَّ دَابَّةٍ مِنْ مَاءٍ فَمِنْهُمْ مَنْ يَمْشِي عَلَى بَطْنِهِ وَمِنْهُمْ مَنْ يَمْشِي عَلَى رِجْلَيْنِ وَمِنْهُمْ مَنْ يَمْشِي عَلَى أَرْبَعٍ يَخْلُقُ اللَّهُ مَا يَشَاءُ إِنَّ اللَّهَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ»
"And Allah has created from water every living creature: so of them is that which walks upon its belly, and of them is that which walks upon two feet, and of them is that which walks upon four; Allah creates what He pleases; surely Allah has power over all things." (al-Nūr: 45)

3. Similarly, Allah has placed in things particular attributes which they cannot surpass. Fire burns, and none has the ability to remove this attribute from it. Only Allah himself can suspend such an attribute, such as when

He (swt) saved Ibrāhīm (as) from the fire by removing its attribute of burning. He (swt) says,
«قُلْنَا يَا نَارُ كُونِي بَرْدًا وَسَلَامًا عَلَى إِبْرَاهِيمَ»
"We said, ‘O Fire! Be cool and peaceful on Ibrāhīm" (al-Anbiyā': 69).

Thus are the attributes in other material things.

4. Further, Allah (swt) has subjugated this universe for us so that we can live in it in accordance with its natural laws. Any circumvention of these laws negates this subjugation. Only Allah is able to perform such circumvention. If He informs us of such we affirm it, and if he does not then any matter is considered to be within the subjugation of the universe for us.

«وَهُوَ الَّذِي سَخَّرَ الْبَحْرَ لِتَأْكُلُوا مِنْهُ لَحْمًا طَرِيًّا وَتَسْتَخْرِجُوا مِنْهُ حِلْيَةً تَلْبَسُونَهَا وَتَرَى الْفُلْكَ مَوَاخِرَ فِيهِ وَلِتَبْتَغُوا مِنْ فَضْلِهِ وَلَعَلَّكُمْ تَشْكُرُونَ»
"And He it is Who has made the sea subservient that you may eat fresh flesh from it and bring forth from it ornaments which you wear, and you see the ships cleaving through it, and that you might seek of His bounty and that you may give thanks." (al-Nahl: 14)

«أَلَمْ تَرَ أَنَّ اللَّهَ سَخَّرَ لَكُمْ مَا فِي الْأَرْضِ وَالْفُلْكَ تَجْرِي فِي الْبَحْرِ بِأَمْرِهِ وَيُمْسِكُ السَّمَاءَ أَنْ تَقَعَ عَلَى الْأَرْضِ إِلَّا بِإِذْنِهِ إِنَّ اللَّهَ بِالنَّاسِ لَرَءُوفٌ رَحِيمٌ»
"Do you not see that Allah has made subservient to you whatsoever is in the earth and the ships running in the sea by His command? And He withholds the heaven from falling on the earth except with His permission; most surely Allah is Compassionate, Merciful to men." (al-Hajj: 65)

«أَلَمْ تَرَوْا أَنَّ اللَّهَ سَخَّرَ لَكُمْ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ وَأَسْبَغَ عَلَيْكُمْ نِعَمَهُ ظَاهِرَةً وَبَاطِنَةً وَمِنَ النَّاسِ مَنْ يُجَادِلُ فِي اللَّهِ بِغَيْرِ عِلْمٍ وَلَا هُدًى وَلَا كِتَابٍ مُنِيرٍ»
"Do you not see that Allah has made what is in the heavens and what is in the earth subservient to you, and made complete to you His favors outwardly and inwardly? And among men is he who disputes in respect of Allah though having no knowledge nor guidance, nor a book giving light." (Luqmān: 20)

«وَالشَّمْسَ وَالْقَمَرَ وَالنُّجُومَ مُسَخَّرَاتٍ بِأَمْرِهِ أَلَا لَهُ الْخَلْقُ وَالْأَمْرُ تَبَارَكَ اللَّهُ رَبُّ الْعَالَمِينَ»
"...and the sun and the moon and the stars, made subservient by His command; surely His is the creation and the command; blessed is Allah, the Lord of the worlds." (al-‘Arāf: 54)

«وَسَخَّرَ لَكُمُ الْفُلْكَ لِتَجْرِيَ فِي الْبَحْرِ بِأَمْرِهِ وَسَخَّرَ لَكُمُ الْأَنْهَارَ • وَسَخَّرَ لَكُمُ الشَّمْسَ وَالْقَمَرَ دَائِبَيْنِ وَسَخَّرَ لَكُمُ اللَّيْلَ وَالنَّهَارَ»
"and He has made the ships subservient to you, that they might run their course in the sea by His command, and He has made the rivers subservient to you. And He has made subservient to you the sun and the moon pursuing their courses, and He has made subservient to you the night and the day." (Ibrāhīm: 32-33)

5. Allah (swt) has sent messengers and supported them with miracles which establish their messengership. These miracles are extraordinary occurrences, contravening the norm, whereby Allah (swt) suspends some of the natural laws making them subservient to the messenger as a challenge to people and a proof for them that the one who has performed this miracle is indeed a prophet sent by Allah.

Allah (swt) made the solid staff of Mūsā (as) transform into a live snake - literally, not merely as an illusion like magic. When the magicians saw this they were of the first to believe in the Prophethood of Mūsā because they knew that such a literal transformation was not possible by a man himself. Similar to this was when Allah split the sea to allow Mūsā (as) and his people to cross, and when he would bring the dead to life on the hand of Isā (as). Similar was the Arabic speech spoken by the Messenger (saw) which was not humanly possible for the Arabs.

Miracles occurring on the hands of prophets and messengers are a known matter, as are its evidences.
6. As for what people refer to as ‘karāmāt' for other than the prophets and messengers, this is tawfīq from Allah for a slave of His in an action of his in a remarkable way. This can be something which is extraordinary or something within the ordinary. It occurs to something because of the strength of the tawfīq.

If it is extraordinary then Allah informs us of it because the texts are general about the subjugation of the universe for man, that is, within the universal laws, so suspending this subjugation or breaking these laws require a specifying text. If such a text is found, we affirm it. If there is no text about an extraordinary occurrence than any incident is seen as tawfīq from Allah within the laws of the universe.

Therefore we affirm the provision which used to come to Maryam in an extraordinary manner because Allah informs us about it,

«كُلَّمَا دَخَلَ عَلَيْهَا زَكَرِيَّا الْمِحْرَابَ وَجَدَ عِنْدَهَا رِزْقًا قَالَ يَا مَرْيَمُ أَنَّى لَكِ هَذَا قَالَتْ هُوَ مِنْ عِنْدِ اللَّهِ إِنَّ اللَّهَ يَرْزُقُ مَنْ يَشَاءُ بِغَيْرِ حِسَابٍ»
"Whenever Zakariyya entered the sanctuary to (see) her, he found with her food. He said: O Maryam! where does this come to you from? She said: It is from Allah. Allah gives to whom He pleases without measure." (Aāl-Imrān: 37)

The same applies to all the texts of the Book and the Sunnah about extraordinary incidents occurring to other than the prophets and messengers. We affirm them in accordance with how they are established. That is, we affirm them decisively if they are definite in transmission and indication and non-decisively if they are indefinite in either.

This is the answer to what you mentioned of extraordinary incidents mentioned in the texts like the story of Ahl al-Kahf, Ashāb al-Ukhdūd and Maryam (as). All of these came in Qur'an so we affirm them.
As for after the death of Prophet (saw) then the transmitted texts have ceased except only the Ijma' al-Sahābah which reveals an evidence which they heard from the Messenger (saw) but did not explicitly relate, and except some of the ahādīth of the Messenger mentioned in his life in which some Companions are praised by name for actions and sayings they perform with tawfīq which makes them of an extraordinary nature. Hence if there are texts which describe specific individuals as performing actions or sayings in specific situations, then we affirm them in accordance to their strength.

As for actions and sayings performed by some Muslims without there being a text about them, then these are never extraordinary. They are within the universal laws and are the result of tawfīq from Allah for his pious slaves for the success of their acts, and for salvation from the evil of their enemies, and the like.

7. With respect to what occurred on the tongue of Umar of his saying, ‘O Sāriya, the mountain!' and Allah's making this reach the soldiers such that they were victorious over their enemy, then we affirm this because of the Messenger's (saw) saying about Umar, "Allah has placed the Haq on the tongue of Umar with which he speaks." (Abu Dāwūd, from Abu Dharr) And his (saw) saying, "Allah has placed the Haq on the tongue of Umar and in his heart." (Tirmidhi, from Ibn ‘Umar) And his (saw) saying, "Allah has placed the Haq on the tongue and heart of Umar." (Ahmad, from Ibn ‘Umar)

Hence we take this ahādīth and affirm the saying of Umar, ‘O Sāriya, the mountain!' in accordance with the strength of this transmission, on the basis of the mentioned ahadith of the Prophet (saw).

8. As for what has been narrated about Sa'd ibn Abi Waqqas (ra) crossing the river, as above we affirm it in accordance with the strength of its transmission. This is because the Messenger of Allah (saw) praised Sa'd specifically, by his saying, "The first to enter from this door is a man from the people of Jannah; then Sa'd ibn Abi Waqqas entered" (Ahmad, from Ibn ‘Umar).

Ibn Umar also narrates that, "We were sitting with the Messenger of Allah (saw) and he said, ‘A man from the people of Jannah shall enter upon you from that door.' As he said that Sa'd ibn Abi Waqqās appeared (Ibn Hibbān).

Further the Messenger of Allah (saw) supplicated to Allah to accept the du'a of Sa'd as related in the Mustadrak of al-Hākim and in Dalā'il al-Nubuwah of al-Bayhaqi, and Ibn Hibbān from Qays ibn Abi Hāzim that he said, "I heard Sa'd say, ‘The Messenger of Allah (saw) said to me, ‘O Allah, answer him when he calls upon you.''" Al-Hākim judged the chain of his narration to be sound.

In the narration of Sa'd traversing the (Tigris) river in the conquest of al-Madā'in, Sa'd mobilised his soldiers saying, "I have decided to fight the enemy before the dunya harvests you! Indeed I have decided to cross this river!" Then he called upon Allah saying to his soldiers, "Say, ‘We seek help from Allah and we place our trust in him. Allah suffices us and he is the best disposer of affairs. By Allah! Allah gives victory to His righteous slaves, He makes His deen dominant and vanquishes His enemy. There is no strength or power except with Allah, the High, the Great!" They then crossed the river, one after the other, followed by their horses.

Some of the narrations mention that the river had fords which would be as high as the body of a horse at low-tide. At high-tide the water would rise significantly, and this was the case when Sa'd plunged into the river. It may have been that they crossed the river from specific fords, although what is understand from the narrations is that they waded through whilst the water was high.

Some of the narrations mention that one of them drowned while crossing. Ibn al-Kalbi mentions that Salil ibn Zayd witnessed the conquests of Irāq and drowned the day the Muslims crossed the Tigris into al-Madā'in. Al-Tabarī mentions in his Tārīkh that when the Muslim crossed the Tigris all passed safely except one by the name of Gharqada who slipped from the back of his horse so al-Qa'qā' bin ‘Amr threw him the bridle of his horse which he grasped and crossed.

Hence there are reports of one man drowning and others of a man slipping into the river. In any case, whether the incident was extraordinary or within the ordinary, we affirm it in accordance with the strength of its transmission, and that is on the basis that Sa'd dua's are answered and he made du'a for Allah's victory and the defeat of the enemy, and because the Messenger (saw) mentioned him as being of the people of Jannah and supplicated for his dua's to be answered.

In summary:
  • The Universe is subjugated for man in accordance with its laws and attributes.
  • Any contravention of these laws and attributes is a specification of the general texts about it being subjugated for man.
  • In turn, affirming any extraordinary event (which breaks a universal law) requires a text.
  • If no such text exists then all matters are considered to be operating in accordance with their inherent nature [fitra] upon which Allah created them.
  • If there are texts, then we affirm them in accordance with their strength of transmission and indication, like the miracles of the Prophets and the karāmāt of other than the Prophets about which a text has come.
  • As for everything else, that is, for that which a text does not exist, any remarkable act or saying of a Muslim, whatever his level of taqwa, it does not break the universal laws and attributes. Rather it is tawfīq from Allah for his slaves in terms of success in their actions, or protections from the evil of their enemies.

26 Rabi' I 1431
13/06/09


Source

Monday, February 13, 2012

Q&A: Is Mahr a condition of the marriage contract?

The following is a translation from Arabic.

Question:

In the Social System book (Arabic, page no. 121), certain conditions are stipulated for contracting of marriage which if not complied with, render the marriage null & void. While 0n page no. 122, there are conditions which if not complied with, corrupt the marriage contract, however, I have not found the Mahr (Dower) mentioned. If Mahr is neither a condition for contracting of marriage nor a condition for its authenticity, then what is the status of Mahr in the marriage contract?

Answer:
Concerning the Mahr, indeed, it is neither a condition for contracting of marriage nor a condition for its authenticity, which means that if a marriage contract complies with the contracting conditions as well as those conditions which render it authentic, then such a contract is correct even if Mahr is not mentioned. However, the Shari'ah laws are of two categories:

Laid down rules, which include cause and conditions..., and mandatory rules, which include the prohibited and the obligatory... Then there are the rules pertaining to Shara'i issues which are not derived from these two. Such rules may either be covered under the mandatory rules and thus may be obligatory (Fardh), recommended (Mandoob), permitted (Mubah), disliked (Makrooh) or prohibited (Haram); or these may be covered under the laid down rules and thus they may be either valid (sahih), invalid (Baatil), corrupt (Faasid), conditional (Shart), causative (Sabab) or prohibitive (Mani'an)... and so on.

By studying the issue of Mahr, it becomes clear that it indeed falls under the mandatory rules, thus Mahr is obligatory on the groom in favour of the bride. If it is mentioned, then it is as per what is mentioned, and if it is not mentioned, then Mahr al Mithl (prevailing) is binding.

As to why Mahr is obligatory, Bukhari has narrated on the authority of Sahl ibn Sa'ad that:

فَقَالَ رَجُلٌ مِنْ أَصْحَابِ رسول الله صلى الله عليه وسلم  زَوِّجْنِيهَا يَا رَسُولَ اللَّهِ قَالَ أَعِنْدَكَ مِنْ شَيْءٍ قَالَ مَا عِنْدِي مِنْ شَيْءٍ قَالَ وَلَا خَاتَمٌ مِنْ حَدِيدٍ قَالَ وَلَا خَاتَمٌ مِنْ حَدِيدٍ وَلَكِنْ أَشُقُّ بُرْدَتِي هَذِهِ فَأُعْطِيهَا النِّصْفَ وَآخُذُ النِّصْفَ قَالَ لَا هَلْ مَعَكَ مِنْ الْقُرْآنِ شَيْءٌ قَالَ نَعَمْ قَالَ اذْهَبْ فَقَدْ زَوَّجْتُكَهَا بِمَا مَعَكَ مِنْ الْقُرْآنِ
"A man said (to the Prophet) "Please marry her to me." The Prophet said (to him), "Give her a garment." The man said, "I cannot afford it." The Prophet said, "Give her anything, even if it were an iron ring." The man apologized again. The Prophet then asked him, "What do you know by heart of the Qur'an?" He replied, "I know such-and-such portion of the Qur'an (by heart)." The Prophet said, "Then I marry her to you for that much of the Qur'an which you know by heart."

An-Nasai has also reported similarly in Sunan al Kubra, and the narration is:

وَلَكِنْ هَذَا إِزَارِي قَالَ سَهْلٌ مَا لَهُ رِدَاءٌ فَلَهَا نِصْفُهُ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا تَصْنَعُ بِإِزَارِكَ إِنْ لَبِسْتَهُ لَمْ يَكُنْ عَلَيْهَا مِنْهُ شَيْءٌ وَإِنْ لَبِسَتْهُ لَمْ يَكُنْ عَلَيْكَ مِنْهُ شَيْءٌ
Thus the Prophet (saw) demanded from the man who intended that the Prophet (saw) marry him to one of the women to pay some Mahr, even if it were a ring made of iron, and when the man was unable to pay the same since he only possessed his trousers (Izaar), he was given the choice of splitting his Izaar into two pieces and give one piece to his wife as Mahr. But the Izaar was not enough to cover the husband and the wife, asked him to teach her whatever portion of Quran he knew, so that the reward of teaching will be for the woman as her Mahr. All these are decisive evidences with regard to Mahr.

As for the Mahr being al Mithl (prevailing) if it is not mentioned, it is reported in Tirmidhi on the authority of Abdullah ibn Mas'oud in a Hadith which Saheeh Hasan:

 أَنَّهُ سُئِلَ عَنْ رَجُلٍ تَزَوَّجَ امْرَأَةً وَلَمْ يَفْرِضْ لَهَا صَدَاقًا وَلَمْ يَدْخُلْ بِهَا حَتَّى مَاتَ فَقَالَ ابْنُ مَسْعُودٍ لَهَا مِثْلُ صَدَاقِ نِسَائِهَا لَا وَكْسَ وَلَا شَطَطَ وَعَلَيْهَا الْعِدَّةُ وَلَهَا الْمِيرَاثُ فَقَامَ مَعْقِلُ بْنُ سِنَانٍ الْأَشْجَعِيُّ فَقَالَ قَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي بِرْوَعَ بِنْتِ وَاشِقٍ امْرَأَةٍ مِنَّا مِثْلَ الَّذِي قَضَيْتَ فَفَرِحَ بِهَا ابْنُ مَسْعُودٍ
He was asked about a man who had married a woman but had neither stipulated her Mahr nor consummated his marriage until his death. Abdullah ibn Mas'oud said She should receive the full dower (as given to women of her class), observe the waiting period ('Iddah), and have her share of inheritance. Thereupon Ma'qil ibn Sinan al-Ashja'ii said: I heard the Apostle of Allah (peace be upon him) giving the same decision regarding Birwa' daughter of Washiq (as the decision you have given). Abu Dawood has reported a similar narration in his Sunan.

Thus the Prophet (saw) decreed that if a woman has married without her Mahr being stipulated, then her Mahr would be similar to women of her class.

Thus, even if Mahr is not a contracting condition, or a condition for its validity, it is obligatory on the husband for the wife under his charge and it should be paid. If he does not pay the Mahr, he is sinful for it and the Islamic State would forcefully apportion any right that he owes to the wife. And if he is able to afford it and yet does not pay, then the Islamic State will penalise him for harassing the wife and for her to eat from her right.

In Conclusion: The Mahr is not a condition but it is obligatory for the husband towards his wife, i.e. the Mahr falls under the mandatory rules and is not part of the laid down rules (أحكام الوضع).

Syria: Our Test of Sabr


To our horror, Bashar Al-Assad continues to ravage and massacre his people, a people who are under his dreadful custodianship. Such a paradox! That Bashar Al-Assad holds such a position rather than protecting and guarding his people from harm's way, while he is the clear and present danger to his population. He heavily bombards any threat in his path be it a recently widowed woman, premature infant, or elderly man. His ruthless acts have truly tested the Eman (faith) and courage of the Syrian people. Men and women alike favor death over surrender in light of the savage unceasing violence. This death, inshallah, is considered an honorable death in the sight of Allah سبحانه وتعالى. Despite the heavy shelling from the Syrian military destroying homes, schools, and hospitals, people still persevere and remain determined to have their voice heard.

Penetrating deep into the hearts of these tireless protesters, we find a unique trait captivating onlookers. What keeps them determined and focused, knowing that may not live to see the following sunrise? Their minds and hearts are filled with distinct feature non-Muslims may find it nearly impossible to comprehend, yet Muslims grasp it fully thereby inspiring others to continue their struggle for a victorious reform. This blessed feature is Sabr (patience) in the face of adversity.

Sabr often times confused as silently standing by witnessing the oppressions and wrongs of our society. Distancing ourselves from the vital issues and keeping ourselves busy with the spiritual aspects of Islam's rituals: tasbeeh, duaa, unconcerned with the Ummah's state of affairs. All the while, people including ourselves suffer from injustice and hardships. This type of silent suffering has greatly contributed to our Ummah's decline. Misconceptions and fear from government repercussions have played a major role in this.

Yet the true definition of Sabr is the opposite of silently accepting injustice or isolating oneself from the evils of society. Sabr is speaking the word of Haqq (Truth) in front of the oppressor. Sabr is resisting the tragedies that afflict our Ummah without fear of repercussion. Sabr is going about real change to achieve true revival in our precious Ummah. The Believers understand Allah's سبحانه وتعالى Laws so thoroughly that they are willing to suffer any consequence towards triumph, enduring torture-filled imprisonment, loss of wealth, and the ultimate sacrifice: loss of life.

Allah سبحانه وتعالى said,

وَلَنَبْلُوَنَّكُمْ بِشَيْءٍ مِنَ الْخَوْفِ وَالْجُوعِ وَنَقْصٍ مِنَ الْأَمْوَالِ وَالْأَنْفُسِ وَالثَّمَرَاتِ ۗ وَبَشِّرِ الصَّابِرِينَ
الَّذِينَ إِذَا أَصَابَتْهُمْ مُصِيبَةٌ قَالُوا إِنَّا لِلَّهِ وَإِنَّا إِلَيْهِ رَاجِعُونَ
أُولَٰئِكَ عَلَيْهِمْ صَلَوَاتٌ مِنْ رَبِّهِمْ وَرَحْمَةٌ ۖ وَأُولَٰئِكَ هُمُ الْمُهْتَدُونَ
"And certainly, We shall test you with something of fear, hunger, loss of wealth, lives and fruits, but give glad tidings to As-Sabirin (the patient ones, etc.). Who, when afflicted with calamity, say: Truly! To Allah we belong and truly, to Him we shall return. They are those on whom are blessed and will be forgiven) from their Lord, and (they are those who) receive His Mercy, and it is they who are the guided-ones." [Al-Baqarah, 2:155-157]

After reading the inspiring Ayaat of Allah سبحانه وتعالى in their prayers deep in the night, it instills great motivation that drives the Muslim to stand up for the Haqq (Truth) in the face of a brutal tyrant and his terrible regime. The deep understanding of Qadda and Qadr allows the true believer to act bravely and forcefully without any worry about this temporary life, for these blessed defenders of the Haqq long for the eternal life. A glorious life as promised to them by the Creator Himself. We take these Believers as our examples who exemplify the strength of their sabr and Imaan.

The Messenger of Allah صلى الله عليه وسلم said, "It is a punishment that Allah sends to whom He wills. Allah has made it a mercy for the believers. There is not a servant who finds himself amidst a plague but he stays in that land in patience hoping (for Allah's reward) and knowing that nothing can harm him except what Allah has written then this servant will be given a reward like that of a martyr." (Al-Bukhari)

What an honor to die as a martyr to be placed within the same ranks as the great warrior Hamza (ra) on the Day of Judgement for all the creations to witness.

The Prophet صلى الله عليه وسلم said, "No fatigue, nor disease, nor sorrow, nor sadness, nor hurt, nor distress befalls a Muslim, even if it were the prick he receives from a thorn, but that Allah expiates some of his sins for that." (Al-Bukhari)

Remain steadfast our dear brothers and sisters. Inshallah while enduring the great calamities brought down upon you that you shall enter the Heavens pure and untainted as the day you were born.

Syria, rest assure. Jannah (Paradise) is so close to you that your bloodshed will not be lost in vain. The Prophet صلى الله عليه وسلم expressed the goodness and blessing of the Ahl ash-Sham, "O Allaah bestow your blessings on our Shaam. O Allaah bestow your blessings on our Yemen." (Al-Bukhari) Carry that glad tidings with you to your grave. Inshallah our Ummah's calamity will soon be relieved and Islam's glorious light will fill our skies as promised by the Creator of the universe. Allah swt comforted His Believers with the following ayah:

إِنَّ اللَّـهَ يُدَافِعُ عَنِ الَّذِينَ آمَنُوا ۗ إِنَّ اللَّـهَ لَا يُحِبُّ كُلَّ خَوَّانٍ كَفُور
"Indeed, Allah defends those who have believed. Indeed, Allah does not like everyone treacherous and ungrateful." [Al-Hajj, 22:38]

Manal Bader
Bayt al-Maqdes
18 Rabi' I 1433
10/02/2012

Thursday, February 9, 2012

Audio: Aqeeda Part 4 by Sheikh Abu Talha Malkawi

Listen to a circle from an excellent series delivered by Sheikh Abu Talha on the topic of the Islamic Aqeeda (belief).  These were delivered some years back but are still very relavent today.



Download file

Wednesday, February 8, 2012

Q&A: Duration of lease and defining wage for worker

The following is a translation from Arabic.

Question: 
 
It came in the book of the Economic System, page 90, line 6 from the top:

"Because the lease must be known, and the failure of mentioning the duration in some works makes it unknown.  And if the lease was unknown it would not be allowed."

It came in the same page, line 14:

"If the period was mentioned in the contract, or if its mention in the contract was necessary to remove the unfamiliarity, then this period must be specified by a duration of time, such as a minute, an hour, a week, a month or a year."

It also came in page 91, line 8, of the same book:

"In conclusion, the wage must be known in a way that removes the unfamiliarity, so that it can be fulfilled without dispute. This is because the basic principle in all of the contracts is to prevent the disputes between the people. There must be an agreement upon the wage before the start of work; and it is disliked to use of an employee before agreement over the wage with him. "

The question is: Does the word "must" mean the usual obligation used in the provisions of accountability (takleef), meaning the obligation whose disclaimer is considered sinful? If this is the case, why it is then said in page 91, line 11: "and it is disliked to use the employee before agreement with him over the wage." How can we reconcile between the word "should" mentioned above, and the word of "disliked" in the last text? All of the texts mention that it is not allowed to conclude a contract that includes unfamiliarity.

If the contract is invalid for failing to mention the wage and the worker is entitled of the wage of his equivalent; and we mention that the one involved in an invalid contract is considered sinful until the invalidity was adjusted. Understanding that there is no sin in the disliked matter, how then we say it is disliked, and he is sinful if he did not mention the wage, thus invalidates the contract?

I wish you clarify this, May Allah bless you.

Answer:

It was mentioned in the Economic System:

In page 90, it said: "If the period was mentioned in the contract, or if its mention in the contract was necessary to remove the unfamiliarity, then this period must be specified by a duration of time, such as a minute, an hour, a week, a month or a year."

In page 91, line 8, it said: "In conclusion, the wage must be known in a way that removes the unfamiliarity, so that it can be fulfilled without dispute. This is because the basic principle in all of the contracts is to prevent the disputes between the people. There must be an agreement over the wage before the start of work; and it is disliked to use an employee before the agreement over the wage with him".

And you ask, thinking that there is a conflict: at one time we say (must), and say (disliked) at another time!

* As for that mentioned in page 90, it is clear, and nothing strange in it, as it speaks about defining the time term as "obligatory", and that if it was not specified in a way that removes unfamiliarity, the lease is not allowed, ie it is invalid. This is clear, without ambiguity.

* As regards what is mentioned in page 91, it is two issues which you thought them one:

The first issue: That the wage is known in a way that removes unfamiliarity. So, it is not allowed to specify his wage as in the example mentioned at the top of page 91 itself by saying to him: "your wage is part of the crops you harvested", this is not allowed. Rather, his wage must be specified in a clear known way that removes the disputes, such as saying "your wage is a saa or a mudd; or collect to me the crops of these ten acres, and your wage is the crops of this acre ..."; this means the provision here is obligation.

The second issue: It is not related to the obligation of that the wage, once specified, must be known in a way that removes unfamiliarity, but related to determining the wage of the employee before using him: Do you tell him of his wage before using him, or you use him before determining his wage? The ruling in this case is the dislike, namely not prohibited, so the employment contract would not be invalid, but rather the worker is given the wage of the equivalent...

* Thus, the question is of two issues:

First: When you determine a wage it must be known in a way that removes unfamiliarity, otherwise it is invalid.

Second: When you hire the employee; would his appointment be after defining his wage or before defining his wage? Provision in this case is the dislike, which means the appointment is valid, and the employee is entitled of the wage of the equivalent. In other words:

- When you hire the employee, it is disliked to use him before determining his wage.

- And when you determine the wage of the employee in the appointment contract it must be known in a way that removes the unfamiliarity.

15 Rabee' II 1432
20/3/2011

Source

Friday, February 3, 2012

Q&A: Recent Tensions with Iran

Question: On January 15th 2012 Mohammed Ali Khateebi, Iran's envoy to OPEC warned the Gulf states against compensating for Iran's oil by supplying additional crude oil to international markets in case sanctions are imposed on Iran by the European Union. The Iranian Sharq newspaper also reported that Khateebi warned that such compensatory supplies will evoke Iran's reaction which will be unpredictable.

Similarly the spokesman for Iran's ministry of petroleum, Ramin Mehmanparast reiterated his remarks reported by Iran's official news agency confirming that the United States had sent a letter to Iran about the Straits of Hormuz. In late December 2011, Iran had warned of closing the Hormuz waterway in reaction to international sanctions. Iran had also announced holding naval exercises in the region. It also said that it had carried out successful tests on missiles of various types and ranges.

So, is Iran serious about closing the Straits of Hormuz? Is it genuinely worried about a military strike, if so who will wage war against it? Does the current global situation allow for such a war?

Answer:

1: Mohammed Ridha Rahimi, the Iranian Vice-President warned of shutting down the Strait of Hormuz, he said: "If sanctions are decided against Iran, not a drop of oil will pass through the Strait of Hormuz." Gen. Hussain Salami, the Lt. Commander of Iran's Revolutionary Guard threatened that Iran will act to protect its vital interests. Iran conducted naval exercises on 31st December 2011 in the region to demonstrate its preparedness for war if sanctions were imposed upon her. Iran's chief of naval forces, Admiral Habibullah Sayyari meanwhile eased the tone of threats and said: "Closing the Strait of Hormuz for Iran's armed forces is really easy, or as Iranians say, it will be easier than drinking a glass of water, however, at the moment we do not need to close it down." Thus he indicated that Iran will not move to close the strait at present if the sanctions are not imposed on it and if it is not attacked.

2: Reports indicate that between 30% - 40% of global crude oil passes through the straits of Hormuz, around 20 to 30 oil tankers pass through it every day carrying around 19 million barrels of crude oil. Thus the Hormuz straits are strategically important and have been so throughout history. Rival European colonialists competed over the strait. The British Empire regarded the Hormuz straits as the main route to India which it considered its jewel of the crown. England had imposed its control over the strait of Hormuz when Iran and the other Gulf states were under its area of influence. During the 1970's when US influence replaced Britain in the region the US integrated the region as part of its national security and stationed its fifth fleet command in Bahrain under the cover of a joint agreement in 1993. US ships regularly sail thorugh the waterway and thus it will not be easy for Iran to close the strait, except with tacit American complicity, which would be posisble agianst the Europeans. During its war with Saddam Hussain of Iraq, Iran had warned of closing the straits but did not act on its threat. Similarly now, after all the warnings, its naval commander has toned down the threats.

3: In the face of Iranian threats, Victoria Noland, the US State Department spokeswoman stated: "We have seen of late a great deal of unreasonable behaviour from Iran which makes us beleive that "these threats from Tehran as just increasing evidence that the international pressure is beginning to bite there..." [al Arabiyah: 30.12.2011]. Thus the US wants to prove that the sanctions already in place on Iran are sufficient to rein in the Jews from acting on their threat of military action against Iran. The US has over the past several years restrained the Jewish entity from initiating any attack on Iran. The US has more than once stated that the sanctions imposed on Iran are enough to deter Iran on its nuclear program. The US State Dept. Spokeswoman said: "these threats from Tehran as just increasing evidence that the international pressure is beginning to bite there." The US Defense Secreatary Leon Panetta has been stating for months that sanctions are sufficient to deter Iran from developing its nuclear program and that sanctions are the only option. In its attempt to ensure matters do not spiral out of US control , the US asked the Jewish entity to desist from carrying out any attack against Iran without coordinating with it.

4: It appaears that the US has of late realised the Jewish entity was seriously considering carrying out a military attack on Iran's nuclear installations and that Britain was actively supporting the Jewish entity to carry out such an attack and this has prompted the US to move swiftly to intensify sanctions on Iran including prohibiting dealings with the Iranian Central Bank which was announced on the 13th january 2012. A US official confirmed that the new US restrictions were imposed on Iran in order to force her to abandon its nuclear program by paralysing the functioning of its Central Bank and making its dealings with other international banks difficult. Thus the United States is trying to demonstrate that the solution lies in sanctions and intenfying those sanctions, and thus preventing the Jewish entity from undertaking a military attack on Iran as well as preventing the Europeans, especially Britain from playing any role in the matter.

5: There are indications that Europe is keen for such an attack and is not only encouraging the Jewish entity to undertake such action but actively supporting it with whatever is necessary. France has launched a satellite over the region in order to spy over Iran and share the gathered intelligence and images of Iran's nuclear installations and facilities with the Jewish entity. Germany has supplied the Jewish entity with the latest submarines capable of which carrying missiles, similarly Britain continues to also play its part through militarily cooperation. Britain's defence Secretary Phillip Hammond warned Iran against any attempts to close the Strait of Hormuz. The British media has also contributed to building public opinion by ratching up anti-Iran rhetoric. The Guardian newspaper reported on 3rd November 2011 that "Britain's armed forces are stepping up their contingency planning for potential military action against Iran amid mounting concern about Tehran's nuclear enrichment program". The British have intensified their consultations with the Jewish entity in recent months, the American news agency UPA on November 2nd 2011 reported that: "The Britain's Chief of Staff Gen. David Richards paid a secret 3-day visit to Israel, while the Israeli Defence Minister Ehud Barak visited Britain on the evening of 2nd November, 2011 at a time when Israel's military attack on Iran was being discussed intensively". In the context of a report posted on its website on 10th Nov, 2011, the British newspaper 'Daily Mail' said that officials of the British government have emphasised that there is a consensus within the government that Israel will attempt to target Iranian nuclear installation sooner rather than later. The Israeli media reported in early November 2011 that the Zionist Air force carried out an aerial exercise at one of the NATO's bases in Italy which included all possible types of air force formations which possibly may participate in an attack.

6: Israeli threats on Iran's nuclear installations have mounted during January 2012, the American newspaper – the Wall Street Journal reported on 14th January, 2012 that Washington was worried about a possible Israeli military attack against Iranian nuclear installations and this has prompted US officials' to intensify messages expressing their disapproval and warning the Israeli officials about the consequences of such an attack. The WSJ said that the American President Barak Obama, Secretary of Defense Leon Panetta and other senior US officials have of late sent a series of secret messages to the Israeli leadership warning them of the dire repercussions of a possible attack. They also informed them about the US position which is in favour of giving more time to the sanctions imposed on Tehran so that they bear fruit.

7: The United States is focused on the sanctions regime which it believes will prove an effective deterrent instead of a military strike. The US has been positioning that such action will not yield the desired results, especially with 2012 being election year. At the same time the Jewish state and the Europeans want to exploit this election year to carry out military strikes on Iran when the US administration led by Barak Obama is preoccupied with winning a second term in office and is engaged in wooing the votes of Jews and others minorities in a number of important swing states. Hence when such an attack in launched, the US will be in an awkward position and will be forced to support it if launched during the election period. Thus the US will be in position of flux in the region which will provide an opportunity to the European powers through intervening in the Middle East, especially England, the old colonialist of the region to play an effective role in the Gulf. Thus they work to shake the American stronghold in the region and destabilise the situation within Iran. So they are preparing to acquire some sort of influence in Iran which they lost as a result of the Iranian Revolution in 1979 when their agent Raza Shah Pehlawi fell from power.

8: Thus the American policy is focused on the sanctions regime being able to bear fruit and it keeps on intensifying these sanctions every time the cries for war get louder, which the Jewish state, backed by the Europeans are attempting to push during the US election year. It is possible the opportunity to launch an attack on Iran has been missed. Such information was leaked near the end of 2011 regarding the timing of such an attack. al.mashhad.com on the10th November 2011, reported: "An unidentified British Foreign Office official revealed that he informed the British ministers that the Israeli attack may occur between Christmas eve – January 1st 2012." That however does not rule out fresh attempts by Europe and the Jewish entity to attempt again to launch an attack due to the US preoccupation with national elections. It is expected that the United States will not allow them to exploit this opportunity and will remain in control of the matter. Thus every time the Europeans appear to support the Jewish entity to carry out a military attack against Iran, during its election year, they embarrass Obama in front of the Jewish voters. Obama responds by intensifying the call for sanctions indicating to the Jews that this is the correct solution and not a military attack on Iran! Thus Obama indicates to them that he is working in their interests by intensifying the sanctions in order to gain their votes.

9: As for Iran's statement that they will have to bear the responsibility of compensating the shortfall in crude supplies as a result of sanctions against Iranian oil exports, Iran is issuing such statements threatening to close the straits of Hormuz in order to halt a crisis in the international oil markets which will result in higher crude prices and thus affect Europe, especially when it is already reeling under an economic crisis. This it hopes will stop the Jewish entity in taking any military action against it.

10: As for Obama's letter to the Iranian officials the contents of which though are not revealed, it is likely to be a 'warning' to Iran and demanding it to soften the tone of its threats to close the straits of Hormuz and possibly to ease the tone of warning to the Gulf States regarding them bearing the consequences of compensating the shortfall in oil supplies. This is intended to reduce the tension that provokes the Jewish state and the Europeans to exploit it for taking military action against Iran in an election year. There are now indications that the US and Iran have taken steps designed to ease tensions. Iran has agreed to host a delegation of United Nations nuclear inspectors whilst the US has twice this month rescued Iranian sailors in the region's seas. [The Wall Street Journal, 14.01.2012].

11: It hurts to see that the regions lands, seas and the Straits of Hormuz part of America's global struggle. The Gulf which is referred to as the Arabian or Persian Gulf, the Gulf of Oman similarly is Islamic, and the Hormuz Straits is Islamic, the Muslims have defended and protected these in the face of European attacks whether they were from Portugal, Holland, France or Britain. Today the US has landed in the region and is working to control the region and steal its wealth.

Even more worrying is the fact that this international conflict has a set of Muslim rulers in order to achieve US goals. Yet Allah Willing, all this will not last very long and the Ummah as well as the people in Gulf will rise and will become One Ummah under a single State, the State of the Guided Khilafah which will cut the hands of these countries and prevent them from extending to any part of the Muslim lands, and be reminded that this tomorrow is not far!

In Conclusion:

1: Europe, especially Britain and the Jewish entity want to capitalise on Obama's election year in the United States to launch a military strike on Iran's nuclear installations since during an election year, such an attack will embarrass Obama in the face of Jewish voters if he seeks to stop the attack.

2: Iran is important for Obama and he does not want military action against it except if Iran was to cross America's red line of the Straits of Hormuz as stated by US Defense Secretary Leon Panetta on 8the January, 2012. At the same time, the Jewish entity is also important for Obama who does not want to lose Jewish votes in swing states. This is why he is trying to demonstrate that the sanctions are the appropriate option to prevent Iran from acquiring nuclear weapons, a matter that concerns the Jewish state, and also shows them that a military strike will not help but contrarily harm the entire region and thus affect US and global interests.
Therefore, whenever a military strike appears imminent, Obama sets about tightening the sanctions regime and now he has even included the Iranian Central Bank, stressing that the sanctions and not a military strike is the effective weapon against Iran's nuclear efforts. Such a situation of give-and-take is expected to last at least through the US election year. Europe and the Jewish entity will focus on exploiting this opportunity to carry out a military strike on Iran's nuclear installations, while the United States will focus on demonstrating that intensifying the sanctions is the viable solution.

3: As for Obama's letter to Iran, though its contents are not public, however it is likely to be a 'warning' to Iran and demanding it to soften the tone of its threats and statements to close the straits of Hormuz as well easing the tone of warnings to the Gulf states, as a move to remove any justification for military strike.

4: It is painful to see that the Western nations fight over our Islamic lands and are able to find their agents in the region who walk the path with them, instead of these lands being our State. The Khilafah State which will cut any hand that seeks to reach our pure Islamic lands. However, this betrayal will last long and neither this dark phase will last, indeed Allah Willing, Islam will emerge and so will the Khilafah.

وَلَتَعْلَمُنَّ نَبَأَهُ بَعْدَ حِينٍ
"And you shall certainly know the truth of it after a while." [Saad:88]

22nd Safar, 1433 A.H
16th January, 2012 C.E

Wednesday, February 1, 2012

Q&A: Dhimmis other than the People of the Book (Ahlul Kitaab)

The following is translated from Arabic, please refer to the original Arabic for exact meanings.

Question:
 
It came in the hadith about the Magi (magian) that ‘Umar ibn al-Khattab mentioned the Magi and said I do not know how to deal with them. ‘Abdul Rahman bin Auf said I bear witness that I heard the Messenger of Allah, peace be upon him said: "Apply to them the law applied upon the people of the Book". The scholars interpreted it as taking the head tax (jizyah) from them in return of protecting their blood, and nothing else. Is the increase that came in the hadith, which is: "without marrying their women and nor eating their slaughtered meat," is valid, or it is ijtihad and understanding of the text?

Answer:


Regarding the hadith, (Apply to them ...

There are ahadith that did not mention "without marrying their women and nor eating their slaughtered meat," and these are some of them:

- Malik ibn Ja'far reported from ibn Muhammad ibn ‘Ali from his father that ‘Umar ibn al-Khattab said I do not know how to deal with them. ‘Abdul Rahman bin Auf said I bear witness that I heard the Messenger of Allah, peace be upon him said: "Apply to them the law applied upon the people of the Book".

- Ibn Abi Shaybah reported in his Workbook from Ja'far from his father, he said: (‘Umar said while setting between the tomb and the pulpit: I do not know how to deal with the Maju who are not the people of the Book. ‘Abdul Rahman ibn Awf said I heard the Messenger of Allah, peace be upon him said: "Apply to them the law applied upon the people of the Book".)

- But Ibn Abi Shaybah said in another narration, in his Workbook, the reason of the question, which was about the head tax (jizyah) of the Magi. Thus the question was about the head tax. He said in that narration that Wakee' told us, followed by Sufyan and Malik bin Anas from Ja'far from his father that ‘Umar ibn al-Khattab consulted the people about the Magi regarding the jizyah. Abdul Rahman bin Auf said: (I heard the Messenger of Allah, peace be upon him, said: "Apply to them the law applied upon the people of the Book".)

This means that the subject was about taking the jizyah from the Magi. Therefore, the hadith of the Prophet, peace be upon him, was evidence to it, ie, the ruling of the jizyah regarding the Magi is the same ruling for the people of the Book, and thus it does not go beyond it to cover other matters such as the marriage and slaughtered meat.

- And this is what the Shafi'i mentioned on the subject. For al-Bayhaqi reported in the information about the Sunan and reports, he said:

Abu Bakr, Abu Zakariya, and Abu Saeed, said: Abu Abbas told us, Al-Rabee' told us, Al-Shafi'i told us, Malik told us from Ja'far ibn Muhammad from his father that ‘Umar ibn al-Khattab mentioned the Magi and said: I do not know how to deal with them. ‘Abdul Rahman bin Auf said I bear witness that I heard the Messenger of Allah, peace be upon him said: "Apply to them the law applied upon the people of the Book." Al-Shafi'i said in our account from Abu Said: If that was confirmed, then it is related to taking of the jizyah, and not regarding the marrying of their women and eating of their slaughtered meat.

This is regarding the ahadith that did not mention "without marrying their women and nor eating their slaughtered meat"...

However, there are ahadith that mentioned this explicitly:

Ibn Abi Shaybah reported in his Workbook from al-Hasan ibn Muhammad "that the Prophet, peace be upon him, wrote to the Magi, the people of Hajar inviting them to Islam; so whoever of them became Muslim it would be accepted of him; but whoever did not become Muslim a jizyah is imposed upon him, without marrying their women and nor eating their slaughtered meat».

Al- Haythami mentioned similar to this hadith in his book (the desired objective of the researcher- Bughyat ul-Baahith) about the extras that came in Musnad of Al-Harith; he said Abdul Aziz ibn Aban told us, seconded by Sufian from Qays ibn Muslim from al-Hasan ibn Muhammad ibn Ali ibn Abi Talib, he said: "The Messenger of Allah, peace be upon him, wrote to the Magi, the people of Hajar inviting them to Islam; so whoever of them became  Muslim it would be accepted of him; but whoever did not become Muslim a jizyah is imposed upon him, without marrying their women and nor eating their slaughtered meat".

1st Rabee' II 1432

03/06/2011

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Rabiul Awwal - Re-connecting with the Holy Prophet's (saw) Message

The month of Rabiul Awwal is with us and brings with it a great joy for the Muslim Ummah. It was this month in which the blessed Prophet was born. Hafidh Ibn Kathir mentions that it is the opinion held by the majority of scholars that the Prophet ﷺ was born on a Monday, in Rabbi’ul-Awwal, (in the year 571 CE) (Al-Bidayah wa’n Nihaya (2/260)

In an authentic hadith the Prophet ﷺ responded with why he fasted on Mondays by saying, “It was on this day that revelation came down to me” (Muslim).

This Month is often used to remember the great favour Allah (swt) showered us with by making us the Ummati of the Holy Prophet ﷺ. In the Masjids there are beautiful reminders of the birth, life and character of the Prophet which instils an un-comparable tranquillity in the hearts of those who listen and serves as a reminder as to who is the most dearest to us in our lives. Allah says in the Quran in Surah Ahzab,

“The Prophet (saws) is closer to the believers than their ownselves” (Qur’an Al-Ahzab: 6)

Discussions around Rabiul Awwal

Many will use this month as a month of seeking knowledge about the Prophets life. Many have raised objections to singling out this month as a special occasion of worship. In this process, heated arguments and debates may surface on the validity of commemorating the day the Prophet was born.

None of these are new issues and in fact have been tackled by scholars of various persuasions who lived under an Islamic System and resolved jurisprudential issues like these based on Daleel (evidence) presented.

The spirit of discussion did not fracture the Unity of Muslims on core issues. Neither did they busy themselves condemning each other. The key focus still remained that Islam be the reference point for all actions, both personal and societal.

Scholarly Approaches

Imam Al-Hafiz Al-Suyuti in his famous book “Al-Hawii Lil-Fatawii” allocated a special chapter “The Excellence of Objective in Celebrating the Mawlid” where he said:
“In my view the Milad is in fact such an occasion of happiness on which people assemble and recite the Holy Qu’ran to the extent that is easy. Then they relate the prophecies concerning the appearance of the Noble Prophet (Allah’s Grace & Peace be upon Him) that have been transmitted in Ahadith and Author, and the miraculous events and signs that took place on his birth. Then food is set before them and according to their desire they partake thereof to satisfaction. This festival of celebrating the birthday of the Noble Prophet (Allah’s Grace & Peace be upon Him) is a Bid’ah Hasanah (good Innovation) and those arranging it will get blessing, since in such a celebration is found the expression of joy and happiness at the greatness and eminence of the Noble Prophet (Allah’s Grace & Peace be upon Him) and his birth”.
Ibn Tay’miah, a key Historical scholarly figurehead for many  said in his book “Necessity of the Right Path”, the following:
“As far as what people do during the Milad, either as a rival celebration to that which the Christian do during the time of Christ’s birthday or as an expression of their love and admiration and a sign of praise for the Noble Prophet (Allah’s Grace & Peace be upon Him), Allah Almighty will surely reward them for such Ijtihad” (p. 266, published by Dar Al-Hadith)
Al-Hafiz Ibn Hajar was asked, same reference of Imam Suyuti, about Milad Shareef. His reply was:
“Milad Shareef is, in fact, and innovation, which was not transmitted from any pious predecessor in the first three centuries. Nevertheless, both acts of virtue as well as acts of abomination are found in it (i.e. Sometimes acts of virtue are found therein and sometimes acts of abomination). If in the Milad Shareef only acts of virtue are done and acts of abomination are abstained from, then the Milad Shareef is a Bid’ah Hasanah (good innovation), otherwise not.”
Imam Al-Hafiz Al-Qastalani, who gave commentary on Sahih Bukhari, said:
“May Allah Almighty shower his Mercy upon a person who takes the days of the month of Rabbi-ul-Awwal, in which the Noble Prophet (Allah’s Grace & Peace be upon Him) was born, as days of feast and celebration for doing so is the best cure for the heart of an ailing person.”
The debates will continue on this topic. The Ulama respected each others opinions as any ijtihad (extracted ruling) which has a semblance of daleel is still considered an ijtihad based upon the Knowledge and abilities of the scholar who issued the ruling.

However, the Ulama of the past had bigger issues to worry about related to the implementation of Islam in State and society which were Qat’i (definitive) matters and not Dhann’i (Speculative), open to interpretation.

Forgetting the Key Message?

If the year 2011 was witnessed by the same scholars of the early generations their jaws would drop at the condition of the Ummah. Whilst Muslims continue with a historical debate on the commemoration of the day of Birth of the Prophet, Islamic law is completely suspended in State life!

There is great remembrance in this month about the Prophet and his character, the various miraculous incidents where even the animals came to the Holy Prophet ﷺ and the love people had for him.
But what was the Prophet sent for? What was his mission? What did he bring for us? These are questions which sometimes are lost in the discussion

Corrupt Un-Islamic Regimes

Right in front of us What the Prophet stood for, practiced and conveyed about Implementing Islam to create that just, balanced and harmonious society for all is being attacked by secular fundamentalists within Muslim Countries whose Qibla has changed from Mecca to Washington and London.  How can we remain silent in Rabiul Awaal? The Holy Prophet ﷺ said:

 
“A day under a just leader is better than sixty years of worship, while the hadd (proscribed punishment) established on the earth according to its right is better than forty days of rain” (Bayhaqi/ Tabarani)

Do we have just leaders who rule by Islam exclusively today? Are we following the Prophet s orders on Ruling and politics as prescribed in the hadith above?

Muslims Violated

In front of us, Muslim Countries are allowing belligerent foreign powers to harm Muslims right under the noses of these rulers under the guise of War on Terror yet they remain silent.

Aafia Siddiqui was kidnapped in Karachi and handed over by Pakistani Security services to the US. Thousands of innocents have been killed in Drone attacks in Pakistan and Afghanistan while Uzbekistan boils it political opponents, Egypt and Libya electrocute its people who stand against tyranny and Saudi Arabia gives sanctity to rulers like Ben Ali who fought harshly against Islam and Muslims in Tunisia as President! The Holy Prophet ﷺ said:

 
“The wiping away of the World means less to Allah than a Believer to be killed unjustly” (Ibn Maja)

Aren’t those who are being slaughtered the followers of the Prophet?

Islam is Missing

The Holy Prophet ﷺ said:

 
“The knots of Islam will be undone one by one, each time a knot is undone the next one will be grasped, the first to be undone will be the Ruling and the last will be Prayer” (Hakim/ Ahmed)

Right in front of us Islam is suspended, There is NO ruling by Islam in the Muslim countries. Why is there no stand against this violation of of what our Prophet bought to us?

There is great emphasis on following the sunnah (example) of the Prophet but is limited to the discussions on the beard, imama and juba/Shalwar kameez. Yet the Sunnah is also a source of law in Jurisprudence that is referred to extract rulings such that they can be implemented on Society (trade, Marriage, contracts, education, government, social issues).

Where is the Sunnah implemented? Where is the Challenge to these regimes to implement this law exclusively? Didn’t the Prophet warn us against Silence on these issues? The Holy Prophet ﷺ said:

 
If the people witness an oppressor and they do not take him by his hands (to prevent him) then they are close to Allah covering them all with punishment” (Abu Dawud, Tirmidhi, ibn Maja)

Rabiul Awwal- Our duty

Who is the The Holy Prophet ﷺ  for us we must ask? What is our relationship to him today? What is his message? What was the Holy Prophet ﷺ sent for? What is his Sunnah?

We must find the answers for these questions. We need to learn about the Holy Prophet ﷺ’s Life, educate ourselves with the rules of Islam the Prophet bought us and we must work for that change which The Holy Prophet ﷺ  desired and Struggled for in his life.

There is corruption around us in the Muslim World which is being left un-challenged. There is social decay directed by the government who believe that Western Social values are better than Islam (which they state is old and backward) and have created a society where Free-mixing, sleeping around and consuming alcohol are seen as ‘lifestyle choices’

How can we remain silent against these criminal regimes?

The Khilafah is off the world map. This is the mechanism by which Islam is implemented just like an ink pen which requires the ink and the pen to be able to write. Similarly, no Khilafah means that Islam is suspended!

Rabiul Awwal- The month of Change

Rabiul Awwal should not be treated just like a holy month where dhikr is made and durood and Salam is sent to the Prophet in abundance. Rather this needs to be the month where we connect to the revolutionary mission of the Prophet to establish Islam.


The Holy Prophet ﷺ said “By the One who my soul is in His Hand, the Hour will not be established until Allah sends rulers who are liars, and ministers who are immoral, and supporters who are traitors, and knowledgeable people who are oppressors, and readers (of Quran) who are sinful, their appearance is like the appearance of holy people, and their hearts are more rotten than dead meat, their desires are different and so Allah will send upon them fitna which will cover them in darkness and so they will be destroyed therein. By the One who the soul of Mohammad biyadihi, Islam will be taken away part by part, until it is not even said Allah Allah.

You will (must) enjoin the good, and you will (must) forbid the evil, or Allah will make sovereign over you the worst of you, who will afflict you with the worst of punishment, then the best of you will make Du’a and it will not be answered. You will (must) enjoin the good, and you will (must) forbid the evil, or Allah will send against you those who will have no mercy to your young and no respect for your elderly." (Ibn Qayyim)

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Audio: Aqeeda Part 3 by Sheikh Abu Talha Malkawi

Listen to an excellent series of circles delivered by Sheikh Abu Talha on the topic of the Islamic Aqeeda (belief).  These were delivered some years back but are still very relavent today.



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