Q&A: About the Islamic Dress of the Woman

Assalamu Alaikum

My question concerns the Hijab, whether it is obligatory based on evidence or stems from tradition, imposed to distinguish the free from the slave woman.

"Originally the hijab is a legal ruling with class significance, aimed at differentiating the free from the slave woman. This was the understanding of the companions: When Umar Ibn al-Khattab used to perambulate al-Madinah and see a slave women veiled, he would hit her with his famous strike such that the veil would drop from her head and say: "Are the slave women imitating the free women?" Finally I would like to say that in a time where there is no slavery or slaves – Alhamdulillah – then the reason for wearing the Jilbab (outer garment) has been suspended. There is nothing in the Qur'an nor in the Sunnah that states the imposition of the Hijab to prevent Fitnah or vice. Who claims this is a sinner as he has invented a lie against Allah, whereas the woman who wears the Hijab because it lies within the customs of her people or her community does not commit any error, as long as she understands that wearing the veil is not an obligation from Allah Almighty.

Whereas the women who wears the Hijab and calls to it, believing that Allah has commanded it, is committing a great sin, because she has assigned to the legislation of Allah from people who have imposed laws that did not come neither from Allah nor from His Messenger. Such woman has misled from the message of the Qur'an and its straight path. The Hijab is not an Islamic obligation but a social custom that existed before Islam and has nothing to do with religions at all. It is from the most dangerous things that we confuse the customs and traditions with what was commanded by Allah in the Holy Book, because the claim that any habit comes from Allah is a false claim, similar to polytheism and lying in the right of Allah Almighty."

I kindly ask you to comment on this statement, Barakallahu Bikum, may Allah guide us and you.

From Hassan Ali Ali

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Answer:

Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu,

The legal evidence for the Islamic dress of the woman is clear and explicit. This dress code does not stem from the habits of people, to be left if it was left by the people and to be abided by if they abided by it. Rather it is an obligation imposed on the women by Allah Almighty:

The Shar'iah has imposed a specific dress code (libas Shar'i) on women when leaving the house into public life. It has enjoined on women to have a cover worn over their clothes when they leave the house to the market or to walk on public ways. They are obliged to wear a Jilbab in its Shar'i meaning, to be worn over her clothing, which she drapes down to the bottom such that it covers her feet. If she does not own a Jilbab, she will have to borrow one from her neighbor or friend or relative. If she leaves the house without wearing a Jilbab over her clothing, she will have sinned, because she has left an obligation imposed by Allah. This concerns the lower garment of women.

As for the upper dress, the woman has to wear a Khimar, or what is similar to one, as long as it covers the entire head, the entire neck and the entire collar opening on the chest. This has to be ready to go out to the market, or walk on public ways, meaning that it constitutes the upper dress in public life. If the woman does not own these two garments, she is not allowed to leave the house under any circumstance, because the command of these two garments came in a general manner, such that it remains general under all circumstances, as it was absolutely unaccompanied by a specifying condition.

The evidence of the obligation of these two garments for public life is the saying of Allah Almighty concerning the upper garment:

وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ

"and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests"

(An-Nur: 31)

And His saying concerning the lower garment:

يَا أَيُّهَا النَّبِيُّ قُلْ لِأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments."

(Al-Ahzab: 59)

Also what was narrated from Umm 'Atiyah, who said:

«أَمَرَنا رسولُ اللهِ أن نُخْرِجَهُنَّ في الفِطْرِ والأضحى، العواتقَ والحُيَّضَ وذواتِ الخدورِ، فأما الحيّضُ فيَعْتَزلْنَ الصلاةَ وَيَشْهَدْنَ الخَير، ودعوةَ المسلمين. قلت يا رسولَ اللهِ إحدانا لا يكونُ لها جلبابٌ، قال: لِتُلْبِسْها أختُها من جِلبابِها»

"The Messenger of Allah صلى الله عليه وسلم ordered that the women leave the houses for Eid al-Fitr and Eid al-Adha, even the adolescent girls, the menstruating women and the virgins. As for the menstruating women, they were to retire from prayer and watch the goodness and the invitation of the Muslims. I said: "Oh Messenger of Allah, some of us do not own a Jibab." He said: "Let her wear a Jilbab from her sister."Narrated by Muslim.

This is explicit evidence on the significance of the women's dress in public life. Allah Almighty has precisely and comprehensively described this dress code which he has enjoined on women to wear in public life in these two Ayat. He سبحانه وتعالى said pertaining to the women's upper dress:

وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ

"and to wrap [a portion of] their headcovers over their chests"

(An-Nur: 31)

Meaning to drape down their head coverings over their necks and chests, to hide what appears from the shirt collar, the neck and chest.

He سبحانه وتعالى said concerning the women's lower dress:

يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"to bring down over themselves [part] of their outer garments."

(Al-Ahzab: 59)

Meaning to drape down their outer garments which they wear over their clothing for leaving the house, draping it down to the bottom. Concerning the general style of this dress He سبحانه وتعالى said:

وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا

"and not expose their adornment except that which [necessarily] appears thereof"

(An-Nur: 31)

Meaning not to show the places of adornment from their bodies, like the ears, arms, legs and so on, except what was shown in public life when this Ayah was revealed in the era of the Prophet صلى الله عليه وسلم, constituting the face and the hands. Thus the dress of women in public life and its style are clarified in this exact description through unmistakable evidence. The Hadeeth of Umm 'Atiyah demonstrates frankly the obligation of women to wear a Jilbab over their clothing when going out. For when she told the Prophet صلى الله عليه وسلم: «إحدانا لا يكونُ لها جلبابٌ» "One of us does not own a Jilbab"

He صلى الله عليه وسلم replied:

«لِتُلبسْها أختُها من جِلبابِها»

"She shall wear a Jilbab from her sister"

As if she had told the Prophet صلى الله عليه وسلم: "If the woman does not own a Jilbab to wear over her clothing to leave the house in it?" He صلى الله عليه وسلم ordered that her sister shall borrow her a Jilbab. This implies that if she did not borrow a Jilbab, the woman cannot go out. This is an indication that the command in this Hadeeth came in the form of an obligation. So the woman has to wear a Jilbab over her clothing if she wants to go out, other than that she may not go out.

The Jilbab is required to drape down to even cover the feet, because Allah says in the Ayah:

يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"to bring down over themselves [part] of their outer garments."

(Al-Ahzab: 59)

Meaning to drape down their Jalabeeb, because مِن "part/from" does not come in a selective manner, rather as a clarification. So they drape down the Jilbab to the bottom, because it was narrated from Ibn 'Umar who said that the Messenger of Allah صلى الله عليه وسلم said:

«مَنْ جَرَّ ثَوْبَهُ خُيَلاَءَ لَمْ يَنْظُرِ اللَّهُ إِلَيْهِ يَوْمَ الْقِيَامَةِ فَقَالَتْ أُمُّ سَلَمَةَ فَكَيْفَ يَصْنَعْنَ النِّسَاءُ بِذُيُولِهِنَّ قَالَ يُرْخِينَ شِبْرًا فَقَالَتْ إِذًا تَنْكَشِفُ أَقْدَامُهُنَّ قَالَ فَيُرْخِينَهُ ذِرَاعًا لاَ يَزِدْنَ عَلَيْهِ»

"Whoever drags his garment behind him in vanity, Allah will not look at him on the Day of Resurrection. Umm Salamah said: "What shall the women do with their garments?" He صلى الله عليه وسلم said: "They shall shorten it by a palm." She said: "Then their feet will be exposed." He صلى الله عليه وسلم said: "Then they shall shorten it by an arm's length but no more." Narrated by Tirmidhi, who said this Hadeeth is Hasan Sahih.

This clearly indicates that the Jilbab worn over the clothing should drape down to the bottom until it covers the feet. If the feet are covered by socks or shoes, this does not obviate the draping down until the feet in a way to indicate such draping down. There is no need for it to cover the feet because they are already covered, but there has to be draping down, meaning that the Jilbab drops down to the bottom to apparently reach the feet, such that it is obviously a garment for public life to be worn by the woman in public. It has to demonstrate draping down to comply with His سبحانه وتعالى saying(يُدْنِينَ) meaning "draping down".

As you can see, it is a dress code clearly defined in explicit texts, without ambiguity in its meaning. Therefore the Prophet صلى الله عليه وسلم when asked by Umm 'Atiyah about leaving the house without owning a Jilbab, he صلى الله عليه وسلم answered her that she shall borrow from her neighbor or abstain from going out. This is strong evidence for the Shar'i obligation of this dress code.

Your brother,

Ata Bin Khalil Abu Al-Rashtah

1st Muharram 1435 AH

04/11/2013 CE

The link to the answer from the Ameer's page on facebook:

https://www.facebook.com/photo.php?fbid=228756940625724

Financial Transactions in Islam | Sheikh Abu Talha

Different aspects of financial transactions that are allowed and not allowed in Islam. Also questions related to pension, credit cards, banking, riba were answered by Abu Talha

Introduction to an Islamic Constitution for Syria and the Muslim world - Article 9

The following is the translation of an article from the book by Hizb ut-Tahrir entitled 'Introduction to the Constitution and the necessary evidences for it' which is the explanation of its draft constitution for the Khilafah state. This draft translation is from the second edition published in 2009 which was updated from the original published in 1963. Numerous brigades in Syria have agreed to the implementation of this constitution after the removal of the corrupt system that has brutally suppressed the people for decades. 

Article 9

Ijtihad is a duty of sufficiency and every Muslim reserves the right to perform Ijtihad provided he meets all its prerequisites.

The Islamic Shari’ah has made Ijtihad to deduce the Shari’ah rules from the address of the Legislator – i.e. from the Shari’ah texts which are revealed by Allah (swt) to the Messenger of Allah  - an obligation upon the Muslims. The fact that Ijtihad is an obligation has been confirmed through several narrations. The Messenger of Allah  said: “If a ruler were to give a ruling, so he made Ijtihad and reached the sound rule, he would get double the reward. However, if he were to give a ruling and he made Ijtihad but reached the wrong rule, he would still get a reward”  (agreed upon through Amru Bin Al-Aas). He  also said: “and a man judged people without knowledge, he is in Hell fire” (transmitted by the compilers of the Sunan and Al-Hakim and Al-Tabarani with a Sahih chain). This confirms that the judge must be acquainted with what he judges on. It is also reported that he  said to Ibn Mas’ud: “Judge by the Book and the Sunnah wherever you found (the ruling) in them, and if you don’t find the ruling in them then do Ijtihad” as mentioned by al-Amidi in al-Ahkam and al-Razi in al-Mahsul. He  said to Mu’ath and Abu Moussa Al-Ash’ari when he was about to dispatch them to Yemen:“What will you judge by?” They said: “If we did not find the rule in the Book or in the Sunnah, we would make analogy between the two matters and whichever were closest to what is right, we would act upon” (mentioned by Al-Amidi in aAl-Ahkam and Abu Al-Husain in Al-Mu’tamad). This analogy is in itself an Ijtihad to deduce the rule, and the Messenger of Allah  approved it. It is also reported that the Messenger of Allah  said to Mu’ath when he appointed him as governor to Yemen: “What will you rule by?” He said: “By the Book of Allah.” He  said: “What if you do not find the rule?” He said: “By the Sunnah of the Messenger of Allah.” He said: “What if you do not find the rule?” He said: “I will exert my own opinion.” Upon this the Messenger of Allah  said: “Praise be to Allah Who guided the envoy of the Messenger of Allah to what satisfies His Messenger” (transmitted by Ahmad and Al-Tirmidhi and Al-Darimi and Abu Dawud and was authenticated by Al-Hafiz Ibn Kathir Al-Basrawi who said that the narration is Hasan Mashur and relied upon by the scholars of Islam).

This clearly indicates the approval of the Messenger of Allah  with regard to Mu’ath’s performance of Ijtihad. Furthermore, the knowledge of the rules is linked and is related to Ijtihadsince the realisation and the comprehension of the rules could not be established without it. Hence, Ijtihad becomes obligatory because the Shari’ahprinciple stipulates: “Whatever is necessary to establish a duty is in itself a duty”.

In origin, the deduction of the rules is performed by Mujtahideen(those capable of Ijtihad) because the knowledge of Allah’s rule in a given matter cannot be reached except through Ijtihad, and Ijtihadtherefore becomes indispensable. The scholars of Usul Al Fiqh (the principles of jurisprudence) have indicated that Ijtihad is a duty of sufficiency upon the Muslims and that it is forbidden for Muslims to be without a single Mujtahid at any given time, and that if they all agreed upon forsaking Ijtihad, they would be sinful because the only way to know the Shari’ah rules is through Ijtihad. Therefore, if an era were devoid of at least one Mujtahid upon whom it could be relied in perceiving the rules, it would lead to the paralysis of the Shari’ah and this is forbidden. Besides, the Shari’ah texts make it incumbent upon Muslims to perform Ijtihad because these Shari’ah texts (i.e. the Book and the Sunnah and nothing else) have not come in a detailed manner but rather in a general manner that can be applied to every reality faced by humanity. Their understanding and the deduction of the rule of Allah require the exhausting of efforts in order to obtain the Shari’ah rule from them for every matter. This Ijtihad is not an impossible task nor is it extremely difficult; rather, it is the process of exhausting one’s effort in order to acquire the Shari’ah rules with the least amount of doubt. In other words, it is the understanding of the Shari’ah texts with the exhausting of one’s utmost effort in order to attain this understanding and to perceive the Shari’ah rule. This is in fact within everyone’s reach. Ijtihadwas natural and evident to the Muslims in the early times and it had no prerequisites. However, since the understanding of the classical Arabic language started to weaken and since people started to devote less attention to discerning the Deen, it has become incumbent upon the Mujtahid to know the narrated evidences (adillah sam’iyyah) from which the principles and the rules are deduced. It has also become incumbent upon him to discern the meaning of expressions which are commonly used in the classical Arabic language and in the usage of rhetoric. There are no other conditions apart from these two to performing Ijtihad. Therefore, in addition to being a duty of sufficiency upon the Muslims, Ijtihad is within the reach of all the Muslims. These are all the evidences for this article.

A New Martyr of the "Word of Truth" at the Hands of the Criminal Uzbek Regime!

A martyr – Bidhnillah – was elevated to the Highest Companion in Uzbekistan, a member of Hizb ut Tahrir: Gyassov Nadir Zyadowitsh, born 15/02/1975 CE in the directorate of Yangiyo'l in the province of Tashkent.

He (Rahimahullah) was sentenced to five years in prison for the first time on 06/12/2000 CE by the Court of the Yangiyo'l Directorate in the province of Tashkent and in accordance with Article 159 Part III of the Criminal Code of the Uzbek Constitution. What he (Rahimahullah) saw - with his own eyes and witnessed personally the cruelty of the prison and its wardens - increased his conviction of the corruption of the regime and the necessity for change. He pledged to himself to spend day and night working to oust Karimov and his criminal, treacherous regime. Therefore after his release he continued in the Da'wah calling for the resumption of the Islamic life with even greater determination and activity than before. He was again arrested on 11/03/2006, and August 3rd of the same year he was sentenced to a ten year imprisonment by the Court of the Province of Tashkent in accordance with Article 244 Part II of the Uzbek Criminal Code.

Gyassov (Rahimahullah) was exposed to various forms of torture and oppression during his detention, and to the different sorts of ridicule and mockery, in order to force him to renounce the Hizb and abandon its ideas, and to snitch on his brothers from the Hizb's Shabab, to reveal to them their whereabouts. In complete virility and altruism he withstood this difficult exam, no sorrow weakened him nor did his determination decrease. They did not attain a disavowal from his Hizb or Da'wah from him, nor could they dream of him betraying his brothers and companions. When he dropped into the hands of the oppressors, they despaired in face of his determination and heroism and decided to expose him to a tuberculosis infection, may Allah destroy them.

When his health worsened the criminal regime – in evasion of the charge of a new death in prison –released him in the month of September 2013. When he arrived home, a physician specialized in chest diseases inspected him. After a thorough examination and the necessary tests, it became apparent that he had been injected with tuberculosis microbes, which led to complications affecting his health.

On 07/10/2013 CE Gyassov was elevated to the mercy of Allah. Allah bears witness to the pledge he gave: He was sincere in carrying the Islamic Da'wah, and devoted to his vow which he made to his brothers from the Da'wah carriers. Not once did he (Rahimahullah) fall into doubt for the length of the road or the delay of victory, because he was confident of the correctness of the path he had taken, assured of the truth of the ideas he was convinced with, believing in the victory from Allah Almighty and that Islam would find success and empowerment sooner or later. Our Lord, the Almighty, said about Gyassov and his likes:

مِنَ الْمُؤْمِنِينَ رِجَالٌ صَدَقُوا مَا عَاهَدُوا اللَّهَ عَلَيْهِ فَمِنْهُم مَّن قَضَى نَحْبَهُ وَمِنْهُم مَّن يَنتَظِرُ وَمَا بَدَّلُوا تَبْدِيلًا

"Among the believers there are men who have been true to the contract they made with Allah. Some of them have fulfilled their pact by death and some are still waiting to do so, not having changed in any way at all."

(Al-Ahzab: 23)

The Central Media Office of Hizb ut Tahrir

Wednesday 3rd Muharram 1435 AH

06/11/2013 CE

Issue No: 1435 AH /001

Q&A: Concerning Irregularities of the Hizb in the Era of Sheikh Abdul Qadim Zallum (rh)

The Message:

Assalamu Alaikum wa Rahmatullahi wa Barakatahu,

Respected, venerable Scholar Ata' Abu al-Rashtah,

I and other dissidents from the Hizb from the period of the Sheikh Abdul Qadim Zallum (Rahimahullah) residing in the European countries... We wanted to join the dissident brothers in Jordan, were it not for the fact that we saw them on the same approach that made us disagree with the Hizb. In this regard, we seek to clarify our idea in the era of the new officials so we might find open ears, receptive to the truth, so that it may prevail from either side, be out from ours or yours.

Then we will not hesitate to return to work with the Hizb... This of course, when one of the sides is convinced of the evidence put forward by the other side and commits to it.

If I told you that the Hizb, after it had clarified the way to establish the State of Islam, it contradicted it...Everyone would wonder: How?!

I have definite proof from the book, The Islamic Personality: Vol. I.

I ask you to follow me patiently, so I will reveal the matter to you step by step from this book.

Everyone knows that the Hizb's culture is high-level Islamic culture, especially in terms of perception of the reality of the problem, the reality of change and the correct way for intellectual revival (Alhamdulillah). However, the Hizb fell into error in terms of how to form the Islamic personality (mentality and disposition) within their Shabab, and those whose role it is to define the content (of ideas) which is given to the Ummah and how this content is given to this audience.

The book The Islamic Personality: Vol. I contains the following: "Formation of the Islamic Shaksiyyah is accomplished only by building both the thoughts and the desires of the individual on the basis of the Islamic 'Aqeedah. The development of the Shaksiyyah does not end here. There is no guarantee that the Shaksiyyah will remain based on the Islamic 'Aqeedah, as deviation from the 'Aqeedah might occur either in man's thinking, or in his inclinations or even in both. Deviation may come through Kufr (misguidance) or Fisq (transgression). Constant observation of building thoughts and inclinations on the basis of the Islamic 'Aqeedah must be maintained at every moment in life for the individual to remain an Islamic Shaksiyyah."

We conclude from this that the composition of the Islamic personality does not occur except with formation of mentality and disposition together within an individual, with continuous monitoring or observation of the subject (personality) and continuous input. After this the author adds in the same book concerning the same topic:

"After the initial formation of the Shaksiyyah, work is focused on maintaining it by developing the Aqliyyah and the Nafsiyyah. The Nafsiyyah is developed through worshipping the Creator and drawing closer to Him by doing acts of obedience, and by constantly building every desire for anything on the Islamic 'Aqeedah. Development of the 'Aqliyyah is achieved by the explanation of thoughts built on the Islamic 'Aqeedah and conveying them through the Islamic Thaqafah [culture]."

Notice with me the phrase "After the initial formation of the Shaksiyyah, work is focused on maintaining it". This means that the exertion in effort to do acts of worship and education comes after the refinement of the Islamic personality in mentality and disposition, meaning thought and inclination.

He adds: "This is the method for forming and developing the Islamic Shaksiyyah. It is the same method utilized by the Prophet صلى الله عليه وسلم to call people to Islam and the Islamic 'Aqeedah. Once they embraced Islam, he صلى الله عليه وسلم strengthened this 'Aqeedah within them and ensured that they were committed to building their thoughts and inclinations on this basis."

He further adds: "In conclusion, the starting point with any human being is establishing the correct 'Aqeedah within him, and then building the thoughts and inclinations on this basis; afterwards effort needs to be exerted in performing acts of obedience and acquiring the correct thoughts."

Here it becomes evident to us that the work assigned to the Hizb is the composition of both the mentality and the disposition, which inevitably leads to the formation of the Islamic personality, with every meaning that falls under this name, as the personalities of the companions and not what we (unfortunately) see in our situation.

The mistake made by the Hizb since its inception, which stands in contrast to what was adopted from thoughts, therefore being contrary to the method the Messenger of Allah صلى الله عليه وسلم, is the lack in cultivation of the personalities of their Shabab. The Shabab were assigned and entrusted with its cultivation, thus it was made an individual responsibility and not the responsibility of the Hizb. Whereas the Messenger of Allah صلى الله عليه وسلم was the one who was constrained with this burden. In his capacity as the leader of the Hizb he was preaching his companions from time to time, observing and reassuring their obedience, their performance of good deeds, their prayers, their nightly prayers, and their morals. Thus creating from his companions men and Dawah carries who talked the talk and walked the walk, not like what we see in our time from Da'wah carriers merely calling for ideas instead of being living examples of them...wa Allahu al-Musta'an.

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Your Brother Munir

Answer to the Message:

Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu,

I had a look at your message in which you said:

"I and other dissidents from the Hizb in the era of the Sheikh Abdul Qadim Zallum (Rahimahullah) residing in the European countries...We wanted to join the dissident brothers in Jordan, were it not for the fact that we saw them on the same approach that made us disagree with the Hizb. In this regard, we seek to clarify our idea in the era of the new officials so we might find open ears, receptive to the truth, so that it may prevail from either side, be out from ours or yours. Then we will not hesitate to return to work with the Hizb... This of course, when one of the sides is convinced of the evidence put forward by the other side and commits to it."

Although your message is what it is...I will take it from the angle of the benefit of the doubt:

You cite from Islamic Personality: Vol. I, saying:

"After the initial formation of the Shaksiyyah, work is focused on maintaining it by developing the Aqliyyah and the Nafsiyyah. The Nafsiyyah is developed through worshipping the Creator and drawing closer to Him by doing acts of obedience, and by constantly building every desire for anything on the Islamic 'Aqeedah. Development of the 'Aqliyyah is achieved by the explanation of thoughts built on the Islamic 'Aqeedah and conveying them through the Islamic Thaqafah."

You comment on this with the following statement:

"The mistake made by the Hizb since its inception, which stands in contrast to what was adopted from thoughts, therefore being contrary to the way the Messenger of Allah صلى الله عليه وسلم, is the lack in cultivation of the personalities of their Shabab. The Shabab were assigned and entrusted with its cultivation, thus it was made in individual responsibility and not the responsibility of the Hizb. Whereas the Messenger of Allah صلى الله عليه وسلم was the one who was constrained with this burden. In his capacity as the leader of the Hizb he was preaching his companions from time to time, observing and reassuring their obedience..." End of citation.

Before commenting on what you have gotten confused, I ask you:

Is not Sheikh Abu Ibrahim (Rahimahullah) the author of the book Islamic Personality?

Was it not him who wrote these lines you have quoted?

Does he not have the strongest understanding of what he wrote?

Did he not lead the Hizb for 25 years? Could anyone be more aware of what he wrote on this issue?

Is it not so?

How can you cite the words of the Sheikh and accuse him of violating what he wrote, since the inception of the Hizb, as you say?!

This saying is incorrect. The Sheikh (Rahimahullah) wrote these great lines which you have cited, he is most aware of what he wrote, and has the deepest understanding of it, and he is the most attentive to its implementation, because he was the one who wrote and adopted it!

It was possible for me not to answer you at all, because you have deviated left and right, but I preferred to answer you.

So let us look at what you have mentioned:

You carry the view that the Hizb has left the cultivation of the personalities to individuals, instead of taking care of it by the Hizb, saying that the Prophet صلى الله عليه وسلم did not leave it to individuals, "Whereas the Messenger of Allah صلى الله عليه وسلم was the one who was constrained with this burden. In his capacity as the leader of the Hizb he was preaching his companions from time to time, observing and reassuring their obedience..."

How did you understand from this that the Hizb is at odds with the Prophet صلى الله عليه وسلم since the inception of the Hizb, as you say?!

Yes, the Prophet صلى الله عليه وسلم preached to them and showed them the obligations and the preferable acts, encouraging them to perform what is preferable, telling them what was reported by al-Bukhari from Abu Hurayrah, who said: "The Messenger of Allah صلى الله عليه وسلم said:

«إِنَّ اللَّهَ قَالَ... وَمَا تَقَرَّبَ إِلَيَّ عَبْدِي بِشَيْءٍ أَحَبَّ إِلَيَّ مِمَّا افْتَرَضْتُ عَلَيْهِ، وَمَا يَزَالُ عَبْدِي يَتَقَرَّبُ إِلَيَّ بِالنَّوَافِلِ حَتَّى أُحِبَّهُ، فَإِذَا أَحْبَبْتُهُ: كُنْتُ سَمْعَهُ الَّذِي يَسْمَعُ بِهِ، وَبَصَرَهُ الَّذِي يُبْصِرُ بِهِ، وَيَدَهُ الَّتِي يَبْطِشُ بِهَا، وَرِجْلَهُ الَّتِي يَمْشِي بِهَا، وَإِنْ سَأَلَنِي لَأُعْطِيَنَّهُ، وَلَئِنِ اسْتَعَاذَنِي لَأُعِيذَنَّهُ...

"Allah said...My servant seeks my nearness with nothing dearer to me than what I have obliged on him, my servant does not stop seeking closeness to me through the voluntary acts until I love him, for if I love him: I become his hearing with which he hears, and his sight with which he sees, and his hand with which he strikes, and his leg with which he walks, and when he seeks refuge with me, I will provide refuge to him..."

Now I ask you: Have you had a look at the Hizb's publications, press releases and letters, through which it encourages the Shabab to perform good deeds through all possible doors

Have you had a look at the book Nafsiyyah [Islamic Disposition], which was published by the Hizb and made a condition for becoming a member of the Hizb for any Shab?

Then have seen the great luminous models from the Hizb's Shabab in their strife and their struggle?

Have you seen their suffering in the prisons of the oppressors and their torture until martyrdom?

Did you know that there are some of them are fought in every possible manner, and some of them do not see their families or their children except with greatest difficulty?

For almost 60 years now we have gone through hardship and various misfortunes. The Messenger of Allah صلى الله عليه وسلم spoke the truth when he addressed his Companions (ra):

«فَإِنَّ مِنْ وَرَائِكُمْ أَيَّامًا الصَّبْرُ فِيهِنَّ مِثْلُ القَبْضِ عَلَى الجَمْرِ، لِلْعَامِلِ فِيهِنَّ مِثْلُ أَجْرِ خَمْسِينَ رَجُلًا يَعْمَلُونَ مِثْلَ عَمَلِكُمْ» قَالَ عَبْدُ اللَّهِ بْنُ المُبَارَكِ: وَزَادَنِي غَيْرُ عُتْبَةَ قِيلَ: يَا رَسُولَ اللَّهِ أَجْرُ خَمْسِينَ رَجُلًا مِنَّا أَوْ مِنْهُمْ. قَالَ: «بَلْ أَجْرُ خَمْسِينَ رَجُلًا مِنْكُمْ»

"Ahead of you lie the days of steadfastness, as if one were to grip the burning coal, the one that lives through them will attain the recompense of fifty men who undertake the likes of your actions." Abdullah Bin al-Mubarak said: "The threshold was even raised when it was said: Oh Messenger of Allah, the recompense of fifty men like us or like them?" He صلى الله عليه وسلم said: "The recompense of fifty men of your likes." [Reported by at-Tirmidhi from Abu Tha'laba al-Khashniy]

Do you think any of us could remain steadfast unless his personality was pure and wholesome?

Could anyone continue with this great Da'wah except the one who owns a great personality, through the permission of Allah?

Oh Munir, may Allah enlighten your path, you are not doing the Hizb nor its Shabab not even yourself justice. You have left a great obligation, staying passive, because you have confused the meaning of those words. You laid back and now sit passively with those sitting!

In conclusion, the truth is more deserving of being followed. Study the Seerah of the Prophet صلى الله عليه وسلم, and study the journey of the party well, and re-read what you have cited from the Islamic Personality: Vol. I, with deep reflection and insight. Review the publications of the Hizb, its press releases and its address to the Shabab in its letters, and then reflect on the book Nafsiyyah [Islamic Disposition]. Perhaps you will find your mistake, and Allah guides to the straight path.

Your Brother,

Ata Bin Khalil Abu Al-Rashtah

7 Rajab 1434 AH

17 May 2013 CE

Link to the answer from the Ameer's Facebook page:

https://www.facebook.com/photo.php?fbid=228854480615970

Q&A: Regarding some People's Conviction that the Support Point will only be in Syria

Assalamu Alaikum... Question: Dear Brother, there has been questioning by many Muslims, especially among our Shabab, Shabab Hizb ut Tahrir, but this question turned into a concept, then into a conviction, that the support point (Nuqtat al-Irtikaz) will only be in Syria. It has started to be justified through Shar'i evidence from Ahadith of the Prophet, Al-Mustapha, and sometimes sayings of the Sahaba.

From Fahmi Barkous

---

Answer:

To Fahmi Barkous

Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu

I have already sent an answer to the Shabab on this subject on the 7th of Dhul Qi'ddah 1433 AH, 09/23/2012 CE stating:

"...We are sure of the return of the Khilafah in ash-Sham or other than ash-Sham, and we are continuing to work here and there, we do not despair, nor do we despair of Allah's mercy. Every day that passes brings us closer to its establishment as decided by Allah سبحانه وتعالى, therefore the Shabab must be well aware of this. If Allah has decided that it shall be here, then it will settle in ash-Sham as a proud beginning. If Allah سبحانه وتعالى has decided that it shall be elsewhere, then it will reach ash-Sham and settle there proudly. In both cases, ash-Sham is the abode if Islam. With all of this said, we continue with our work with all that we can until the promise of Allah comes, while we are standing, longing with our eyes, hearts and our determination for a glorious victory from Allah: A Success in this world and a success in the hereafter, and that is the great success.

Allah knows better the place in which the Khilafah of the Muslims will be established. The Messenger of Allah صلى الله عليه وسلم worked in Mecca for years, and many times asked for the support from the people of the tribes. The Messenger of Allah صلى الله عليه وسلم did not know that the state would not be established in Mecca, and that no tribe would give its support... rather he would be approached by persons from Medina asking for him, then after a year, twelve would come and give him the first Bay'ah of Aqabah, and after that seventy-three men and two women would come to him, pledging to him for victory in the second Bay'ah of Aqaba...and the state would be established in al-Madina al-Munawwarah...

We have to account ourselves for the actions we commit: Are they in accordance with the Shar'i provisions without exception? With seriousness, honesty and sincerity, or are there any shortcomings? This is what we hold ourselves accountable for, before we are held accountable on the Day of Resurrection. If the results materialize quickly, then this is a blessing from Allah, but if they are delayed for a time known only to Allah, then also Alhamdulillah. In both cases, we do not despair of Allah's mercy, it is not correct to give up, but we are the descendants of those to whom Allah said:

يَا أَيُّهَا الَّذِينَ آمَنُوا اصْبِرُوا وَصَابِرُوا وَرَابِطُوا وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُفْلِحُونَ

"Oh you who have believed, persevere and endure and remain stationed and fear Allah that you may be successful."

(Ali-Imran: 200)

Also the Powerful, the Glorious said about them:

وَعَدَ اللَّهُ الَّذِينَ آمَنُوا مِنْكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُمْ فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِنْ قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَى لَهُمْ وَلَيُبَدِّلَنَّهُمْ مِنْ بَعْدِ خَوْفِهِمْ أَمْنًا يَعْبُدُونَنِي لَا يُشْرِكُونَ بِي شَيْئًا وَمَنْ كَفَرَ بَعْدَ ذَلِكَ فَأُولَئِكَ 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-Nur: 55)

And from those to whom the All-forgiving, the Merciful said:

وَاذْكُرُوا إِذْ أَنْتُمْ قَلِيلٌ مُسْتَضْعَفُونَ فِي الْأَرْضِ تَخَافُونَ أَنْ يَتَخَطَّفَكُمُ النَّاسُ فَآوَاكُمْ وَأَيَّدَكُمْ بِنَصْرِهِ وَرَزَقَكُمْ مِنَ الطَّيِّبَاتِ لَعَلَّكُمْ تَشْكُرُونَ

"And remember when you were few and oppressed in the land, fearing that people might abduct you, but He sheltered you, supported you with His victory, and provided you with good things - that you might be grateful."

(Al-Anfal: 26)

Allah does not only "give us strength", but He "Supports us with His victory". He "provides us with good things", Alhamdulillah Rabbil 'Alamin!

We will spare no effort in working here and there, in ash-Sham or other than ash-Sham. Our hearts are sure in the remembrance of Allah and His victory in this life and the hereafter.

إِنَّا لَنَنْصُرُ رُسُلَنَا وَالَّذِينَ آمَنُوا فِي الْحَيَاةِ الدُّنْيَا وَيَوْمَ يَقُومُ الْأَشْهَاد

"Indeed, We will support Our messengers and those who believe during the life of this world and on the Day when the witnesses will stand"

(Ghafir: 51)

Show seriousness, travail, mobilize in the movement of the one who is reassured in the remembrance of Allah, confident in the victory from Allah, the Powerful, the Glorious!

قُلْ عَسَى أَنْ يَكُونَ قَرِيبًا

"Say, "Perhaps it will be soon"

(Al-Isra: 51)

Your Brother,

Ata Bin Khalil Abu Al-Rashtah

Introduction to an Islamic Constitution for Syria and the Muslim world - Article 8

The following is the translation of an article from the book by Hizb ut-Tahrir entitled 'Introduction to the Constitution and the necessary evidences for it' which is the explanation of its draft constitution for the Khilafah state. This draft translation is from the second edition published in 2009 which was updated from the original published in 1963. Numerous brigades in Syria have agreed to the implementation of this constitution after the removal of the corrupt system that has brutally suppressed the people for decades. 

Article 8

The Arabic language is exclusively the language of Islam and it is the only language used by the State.

The evidence of this article is derived from the fact that although all people are addressed by the Quran as Allah (swt) says “And We have explained to man in this Quran every kind of similitude” (TMQ 17:89), “And We have propounded for people in this Quran every kind of parable” (TMQ 30:58), Allah (swt) has however revealed it in Arabic and made it an Arabic Quran. Allah (swt) says: "an Arabic Quran" (TMQ 12:2) and Allah (swt) also says: "in the Arabic language" (TMQ 26:195).

Therefore, the Arabic language is the sole language of Islam because it is the sole language of the Quran and because the Quran is the miracle (Al-Mu’jizah) of the Messenger of Allah . The miracle of the Quran lies in the Quran’s expression with this Arabic wording; in other words with the Arabic wording and style. Although the miracle is found in both the wording and the meaning inseparably, what is meant by its miracle in meaning is not the miracle of what the Quran has brought in terms of meanings and topics for the Sunnah has expressed these meanings and topics and yet it is not considered a miracle. The miracle in meaning is established through the fact that the meaning is itself expressed by this wording and this style. Hence, expressing such a meaning in such a wording and in such a style is miraculous. Therefore, the miracle lies in the Arabic wording that expresses the meaning with the Arabic style. In other words, Allah’s (swt) saying: “If you fear treachery from any group, throw back their covenant to them so as to be on equal terms” (TMQ 8:58) is in itself incapacitating to all people to produce something similar. Its miracle comes from the splendour in expressing these meanings with this formulation and with such a style. Thus, the miracle was the Arabic wording and the Arabic style that expressed this meaning. Therefore, the miracle in the Quran is confined in its Arabic for it is the origin of the miracle and the subject of the challenge to produce something equal to it. Hence, the Arabic language is an integral part of the Quran that cannot be separated from it. The Quran itself could not be considered Quran without it. It is therefore forbidden to translate the Quran for if it were altered it would lose its order and it would no longer be the Quran or be like the Quran; it would rather be a commentary of it, and if its commentary were anything like it then people would not have failed to produce something equal to it when they were challenged to do so. Besides, Allah’s (swt) saying “An Arabic Quran” means that if it were not Arabic it could not be called Quran. Furthermore, we worship Allah (swt) with its wording; therefore, the prayer would not be correct without it since Allah (swt) says: “So read of the Quran as much as may be easy for you.” (TMQ 73:20) and the Messenger of Allah  said: “A prayer is not accepted from he who does not recite the Fatiha of the Book in every Raka’ah” (agreed upon through ‘Ubadah). Therefore, the Arabic language is an integral part of Islam.

As for Allah’s (swt) saying: “This Quran has been revealed to me that I may warn you and all whom it reaches.” (TMQ 6:19), this means: so that I warn you with what is in the Quran, and this applies to warning people with its wording and with its commentary for all of this is considered as warning. By contrast, Allah’s (swt) saying: “Read” does not refer to the reading of its commentary and nor does it refer to the reading of its translation, because reading a book means reading its text, and not its translation or commentary. This is therefore not akin to warning with the Book, which means warning with its text and its contents. Besides, Allah (swt) had decreed that the warning of the Messenger of Allah  is made in Arabic as Allah (swt) says: “With it came down the Faithful Spirit; to your heart so that you admonish; in a clear Arabic language.” (TMQ 26:193-5). This serves as a conclusive evidence that it is forbidden to read the Fatihain prayer in other than the Arabic language, and this nullifies and refutes the argument of those who claimed that the verse in which Allah (swt) says: "And this Quran has been revealed to me" (TMQ 6:19) refers to the permissibility of reading the Fatiha in other than the Arabic language for those who do not master Arabic.

This is from the fact that the Arabic language being a fundamental part of Islam. As for the evidence pertaining to the fact that the Arabic language should be exclusively the official language of the State, the evidence for it is that when the Messenger of Allah  sent letters to Caesar, Kisra and Muqawqas in which he invited them to Islam, those letters were written in Arabic though they could have been translated into their own languages.  Although Caesar, Kisra and Muqawqas were not Arabs and although the Messenger of Allah  wrote the letters to convey Islam to them, the Messenger of Allah  didn’t write his letters in their languages. Hence, this serves as evidence that the Arabic language is exclusively the official language of the State because the Messenger of Allah  did this. Besides, the fact that the need to translate in order to convey Islam was pressing but the Messenger of Allah  did not translate serves as an indication for the obligation of restricting the State’s address of people to the Arabic language whether the addressees were Arabs or non-Arabs. Therefore all non-Arab people should learn the Arabic language and it is forbidden for the State’s official language to be other than the Arabic language.

Imam Al-Shafi’i outlined in his celebrated book of Usul(foundations of jurisprudence) entitled Al-Risalah the following: “Allah (swt) has made it an obligation upon all nations to learn the Arabic tongue following their address with the Quran and their worshipping by it”.

Therefore, all this makes it obligatory for the State to adopt the Arabic language as the exclusive official language.

However, it must be made clear that adopting the Arabic language exclusively as the State’s language does not necessarily mean that the State could not use other than the Arabic language since it is permitted for the State to use other than the Arabic language in an official correspondence either for fear of distortion, to acquire vital information, to convey the call to Islam abroad or for any similar reason. This is the case because the Messenger of Allah  used Hebrew and Syriac. Hence, the ruling stipulates the sole use of the Arabic language when adopting the State’s official language rather than preventing the State from using other than the Arabic language.

The question that comes to mind now is: Would it be permitted to have a written and spoken language other than Arabic in the lands ruled by the Islamic State?

The answer to this is that the speaking and the writing of other languages could either be related to the State itself, to the subjects’ relationship with the State, to the subjects themselves or to individuals with one another.

If it were related to the State itself or to the State’s relations, then in this case it would not be permitted for the language to be other than the language of the state (the Arabic language). This is because the Messenger of Allah  did not translate his letters to the non-Arabs despite the pressing need to translate in order to convey Islam and this serves as evidence stipulating the obligation of the sole use of the Arabic language in the State’s administration and relations or in anything related to it.  Based upon this, the State would not have any place in its educational curricula to teach any other language apart from Arabic whether these were the languages of the non-Arab peoples living under the authority of the Islamic State or the peoples living outside the authority of the Islamic State. In the same manner, public schools are prevented from adopting anything other than the Arabic language as an academic language and from introducing other than the Arabic language as a subject because they are obliged to adhere to the State’s curricula. Accordingly, every matter related to the State, to its relations, the relations of its subjects with it or any other matter related to it must be conducted solely in the Arabic language, spoken and written.

However, if speaking and writing in other than the Arabic language were related exclusively to the subjects or related to people’s relationships amongst themselves, this would be permitted because the Messenger of Allah  permitted the translation of other languages into Arabic and permitted the learning of other languages. This indicates that it is permitted to speak and to write in other than Arabic. In a narration from Zayd Ibn Thabit: “The Messenger of Allah  ordered me to learn the Book of the Jews, until I became able to write the letters of the Messenger of Allah  and to read to him their letters if they wrote to him” transmitted by Al-Bukhari. So, this is an evidence for the permissibility of speaking and writing in other than the Arabic language. In the times of the Companions, there were people who used to speak and to write in other than Arabic and they were not forced to learn it, and someone used to interpret for the ruler.

Al-Bukhari reported in the section “History of the Rulers”: “Kharija Bin Zaid Bin Thabit from Zaid Ibn Thabit said: “The Messenger of Allah  ordered me to learn the Book of the Jews, until I became able to write the letters of the Messenger of Allah  and to read to him their letters if they wrote to him”. Umar (ra) said in the presence of ‘Ali, ‘Abd al-Rahman and Uthman: “What is this woman saying?” Abdul-Rahman Ibnu Hatib said: “She is informing you about the man who did so and so to her.” Abu Hamzah also said: “I used to translate between Ibn Abbas and other people”.

Two evidences that indicate the permission of translation are: the narration in which the Messenger  ordered Zaid Bin Thabit to learn the Book of the Jews and when Umar (ra) asked what that woman was saying - he meant the woman who was found pregnant - ‘Abd al-Rahman was translating for him. The fact that Abu Hamza used to translate what people would say for Ibn ‘Abbas means that there were people who spoke other than Arabic. Therefore, speaking and writing in other than Arabic is permitted according to the Sunnah and to the actions of the Companions. Accordingly, the State would allow the publication of books, newspapers and magazines in other than Arabic, and their publication would not require a permit because it is part of the Mubah (permitted) actions. It is also allowed to televise programmes in other than Arabic if these stations belonged to an individual or to a group of people. However, this will be prohibited in the State’s own radio and television stations because everything related to the State must be exclusively in Arabic. As for what is related to people among themselves, it will be permitted for them to use other than Arabic in everything except for any specific issue which was in origin permitted that may lead to harm; in such case, that matter will be prohibited.