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Q&A: The Hadiths of the Work of Magic (Sihr) on the Prophet (saw) is Rejected in terms of Meaning (diraya) because it Contradicts the Concept of Infallibility (I’sma) of Prophethood
Answer to Question
The Hadiths of the Work of Magic (Sihr) on the Prophet (saw) is Rejected in terms of Meaning (diraya) because it Contradicts the Concept of Infallibility (I’sma) of Prophethood
To: Rabi’ Al-Rabi’
(Translated)Question:
Assalam Alaikum Wa Rahmatullah Wa Barakatuh
My dear brother, my question is about the Hadith of Labid bin Al-A’sam and the magic (sihr) performed on the Prophet, does the Hadith undermine the infallibility (I’sma) of Prophethood?
Allah (swt) says:
(وما ينطق عن الهوى * إن هو إلا وحي يوحى) “Nor does he speak from [his own] inclination * It is not but a revelation revealed” [An-Najm: 3-4].
He (swt) says:
(يَا أَيُّهَا الرَّسُولُ بَلِّغْ مَا أُنْزِلَ إِلَيْكَ مِنْ رَبِّكَ وَإِنْ لَمْ تَفْعَلْ فَمَا بَلَّغْتَ رِسَالَتَهُ وَاللَّهُ يَعْصِمُكَ مِنَ النَّاسِ إِنَّ اللَّهَ لَا يَهْدِي الْقَوْمَ الْكَافِرِينَ)
“O Messenger, announce that which has been revealed to you from your Lord, and if you do not, then you have not conveyed His message. And Allah will protect you from the people. Indeed, Allah does not guide the disbelieving people” [Al-Ma’ida: 67]. And He (swt) says:
(إِذْ يَقُولُ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلا رَجُلا مَسْحُوراً) “When the wrongdoers say, “You follow not but a man affected by magic.” [Al-Isra: 47]. So, is the Hadith narrated by Aisha that Labid bin Al-A’sam performed magic on the Prophet rejected in meaning (diraya) because it contradicts infallibility (I’sma)?
May Allah (swt) guide you to what is good and to establishing the Khilafah (Caliphate), and that you will be gathered on the Day of Resurrection with the Prophets, the truthful ones, the righteous and the martyrs, may Allah (swt) protect you, our Sheikh.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh
First: Yes, the Hadith is rejected in meaning. To be rejected in meaning (diraya), means the following:
It is mentioned in The Islamic Personality Volume 1, p. 188:
(… Rather, the matter is that if a Hadith contradicts what came in the Qur’an, which is definite in meaning, then the Hadith will be rejected in meaning (diraya) i.e., the text, because its meaning contradicts the Qur’an…)
In The Islamic Personality Volume 3, page 93 under the heading “Conditions for Accepting Khabar Ahad”, mentions:
(Khabar Ahad is accepted if it fulfills its conditions; in narration (riwaya) and meaning (diraya) … As for the conditions for accepting Khabar Ahad in terms of meaning (diraya), it means that it must not contradict what is stronger than it, like a verse or a mutawaatir Hadith or well-known Hadith…)Second: To further clarify the issue, I will mention the following points:
1- The Messenger (saw) is infallible (ma’soom) from carrying out any forbidden (Haram) and disliked (Makrooh) actions, and the evidence for that is definitive. Everything that the Messenger (saw) does is a revelation from Allah (swt), whether it is obligatory (fardh), recommended (mandoub) or permitted (mubah). Allah (swt) says:
(إِنْ أَتَّبِعُ إِلَّا مَا يُوحَى إِلَيَّ) “I only follow that which is revealed to me” [Al-Ahqaf: 9]. And He (swt) says:
(قُلْ إِنَّمَا أَتَّبِعُ مَا يُوحَى إِلَيَّ مِنْ رَبِّي) “Say, “I only follow what is revealed to me from my Lord” [Al-A’raf: 203]. In addition, he (saw) is an example to Muslims, and He (swt) says:
(وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا) “And whatever the Messenger has given you – take; and what he has forbidden you – refrain from. And fear Allah; indeed, Allah is severe in penalty” [Al-Hashr: 7]. And He (swt) says:
(قُلْ إِنْ كُنْتُمْ تُحِبُّونَ اللَّهَ فَاتَّبِعُونِي يُحْبِبْكُمُ اللَّهُ) “Say, [O Muhammad], “If you should love Allah, then follow me, [so] Allah will love you” [Aal-i-Imran: 31]. Likewise, everything that the Messenger (saw) says, whether it is a command or a prohibition, it is a revelation from Allah (swt).
2- Yes, as you mentioned in your question, they accused the Messenger, of being subject to the work of magic, and the Qur’an replied to them with what indicates that the Messenger (saw) is neither bewitched nor becomes affected by magic (sihr). In Surat Al-Isra, Allah (swt) says:
(نَحْنُ أَعْلَمُ بِمَا يَسْتَمِعُونَ بِهِ إِذْ يَسْتَمِعُونَ إِلَيْكَ وَإِذْ هُمْ نَجْوَى إِذْ يَقُولُ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً)
“We are most knowing of how they listen to it when they listen to you and [of] when they are in private conversation, when the wrongdoers say, “You follow not but a man affected by magic.” [Al-Isra: 47]. Al-Qurtubi says in his interpretation of this noble verse: (… they listened to the Prophet recite the Qur’an. And they get repulsed away and say: He is a magician and is affected by magic (sihr), as Allah (swt) mentioned about them. Qatada and others narrated it. (وَإِذْ هُمْ نَجْوى) “…when they are in private conversation” [Al-Isra: 47] that is, they discuss privately your affair. Qatada said: Their private conversation (najwa) was their saying that he (saw) is insane, that he (saw) is a sorcerer, and that he (saw) relates legends of the previous people, among other things. And it was said that it was revealed: when he (saw) invited the notables of Quraysh to the food that he (saw) made for them, and the Prophet entered to them, and he (saw) recited Qur’an to them and called them to Allah. They spoke privately and said that he (saw) is a magician and is insane.
It is said: The Prophet (saw) ordered Ali to prepare food and invite the notables of Quraysh from the polytheists. Ali did that, the Prophet (saw) came to them and recited Qur’an to them and called them to Tawheed, He (saw) said:
«قُولُوا لَا إِلَهَ إِلَّا اللَّهُ لِتُطِيعَكُمُ الْعَرَبُ وَتَدِينَ لَكُمُ الْعَجَمُ» “Say: There is no god but Allah, the Arabs will obey you and the non-Arabs will follow your Deen.” They refused. They used to listen (Qur’an) from the Prophet (saw), and say among themselves, he is a sorcerer, and he is bewitched. Thus, the verse was revealed. Al-Zajjaj said: An-Najwa (private talk) is a name for the source (masdar), that is, while they hold private (najwa) talks, meaning secrets (إِذْ يَقُولُ الظَّالِمُونَ) “When the wrongdoers say” [Al-Isra: 47] that is, Abu Jahl and al-Walid ibn al-Mughirah and their likes.
(إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً) “You follow not but a man affected by magic.” [Al-Furqan: 8]. That is to say, a person who has been affected by magic, so he is confused about things. They said that in order to drive people away from him (saw).) End
The wording of the text (mantouq) of the noble verse is a response to what they used to say about the Messenger (saw), that He is affected by magic, and the meaning of the verse (mafhoum) is that the Messenger (saw), is not bewitched and does not get bewitched.
This is mentioned also in Surat Al-Furqan, in Allah’s (swt) saying:
(وَقَالُوا مَالِ هَذَا الرَّسُولِ يَأْكُلُ الطَّعَامَ وَيَمْشِي فِي الْأَسْوَاقِ لَوْلَا أُنْزِلَ إِلَيْهِ مَلَكٌ فَيَكُونَ مَعَهُ نَذِيراً * أَوْ يُلْقَى إِلَيْهِ كَنْزٌ أَوْ تَكُونُ لَهُ جَنَّةٌ يَأْكُلُ مِنْهَا وَقَالَ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً * انْظُرْ كَيْفَ ضَرَبُوا لَكَ الْأَمْثَالَ فَضَلُّوا فَلَا يَسْتَطِيعُونَ سَبِيلاً)
“And they say, “What is this messenger that eats food and walks in the markets? Why was there not sent down to him an angel so he would be with him a warner? * Or [why is not] a treasure presented to him [from heaven], or does he [not] have a garden from which he eats?” And the wrongdoers say, “You follow not but a man affected by magic.” * Look how they strike for you comparisons; but they have strayed, so they cannot [find] a way” [Al-Furqan:7-9]. The wording of the text (mantouq) of the noble verse is also a response to what they used to say about the Messenger (saw), that he is bewitched, and the meaning of the verse is that the Messenger (saw) is not bewitched and does not get affected by magic.
3- The punishment for a sorcerer in Islam is death, and the evidences for this are numerous and are well-known.
– Al-Hakim narrated in Al-Mustadrak from the two Sahihs, and he said this is a Hadith with a sahih chain of narrators (sanad): On the authority of Jundub Al-Khair, he said: The Messenger of Allah (saw) said:
«حَدُّ السَّاحِرِ ضَرْبَةٌ بِالسَّيْفِ»
“The punishment given to a magician is a stroke with the sword.”
– It was stated in Musnad Al -Shafi’i: Sufian informed us, on the authority of Amr ibn Dinar, that he heard of his condition. He said: Omar (ra) wrote, “kill every magician, male or female.” He said: we killed three magicians”. He told us that Hafsah (ra), the Prophet’s wife killed a slave-girl who performed black magic on her.
Thus, the punishment of the sorcerer in the well-known sense of magic, is this punishment of death.
Third: Now we answer your question about the Hadith which says that Labid bin Al-A’sam bewitched the Messenger (saw), the Hadith is:
Muslim narrated from Aisha (ra) that she said: Magic was placed on Allah’s Messenger by a Jew from the Jews of Bani Zuraiq, he was called: Labid bin Al-A’sam. so that he began to imagine that he had done something although he had not. One day, or one night, while he was with me, he invoked Allah and invoked for a long period and then said,
«يَا عَائِشَةُ أَشَعَرْتِ أَنَّ اللهَ أَفْتَانِي فِيمَا اسْتَفْتَيْتُهُ فِيهِ؟ جَاءَنِي رَجُلَانِ فَقَعَدَ أَحَدُهُمَا عِنْدَ رَأْسِي وَالْآخَرُ عِنْدَ رِجْلَيَّ، فَقَالَ الَّذِي عِنْدَ رَأْسِي لِلَّذِي عِنْدَ رِجْلَيَّ، أَوِ الَّذِي عِنْدَ رِجْلَيَّ لِلَّذِي عِنْدَ رَأْسِي: مَا وَجَعُ الرَّجُلِ؟ قَالَ: مَطْبُوبٌ، قَالَ: مَنْ طَبَّهُ؟ قَالَ: لَبِيدُ بْنُ الْأَعْصَمِ، قَالَ: فِي أَيِّ شَيْءٍ؟ قَالَ: فِي مُشْطٍ وَمُشَاطَةٍ، قَالَ: وَجُفِّ طَلْعَةِ ذَكَرٍ، قَالَ: فَأَيْنَ هُوَ؟ قَالَ: فِي بِئْرِ ذِي أَرْوَانَ» قَالَتْ: فَأَتَاهَا رَسُولُ اللهِ ﷺ فِي أُنَاسٍ مِنْ أَصْحَابِهِ، ثُمَّ قَالَ: «يَا عَائِشَةُ وَاللهِ لَكَأَنَّ مَاءَهَا نُقَاعَةُ الْحِنَّاءِ، وَلَكَأَنَّ نَخْلَهَا رُءُوسُ الشَّيَاطِين» قَالَتْ فَقُلْتُ: يَا رَسُولَ اللهِ أَفَلَا أَحْرَقْتَهُ؟ قَالَ: «لَا أَمَّا أَنَا فَقَدْ عَافَانِي اللهُ، وَكَرِهْتُ أَنْ أُثِيرَ عَلَى النَّاسِ شَرّاً، فَأَمَرْتُ بِهَا فَدُفِنَتْ»
“O ‘Aisha! Do you know that Allah has instructed me regarding the matter I asked Him about? “Two men came to me; one of them sat near my head and the other sat near my feet. The one by my head said to the one by my feet, or the opposite, ‘What is the disease of this man?’ The other replied, ‘He is under the effect of magic.’ The first one asked, ‘Who has worked magic on him?” The other replied, ‘Labid bin Al-A’sam, a Jew from the tribe of Bani Zuraiq.’ The (first one asked), ‘With what has it been done?’ The other replied, ‘With a comb and the hair stuck to it and a skin of the pollen of a male datepalm tree.’ The first one asked, ‘Where is it?’ The other replied, ‘In the well of Dharwan.’ Then the Prophet went along with some of his companions. Then he returned to me and said, ‘By Allah the water of that well was (red) like the infusion of Henna leaves and its date-palms were like the heads of devils” I said, O Allah’s Messenger: Did you burn it?” He said, ‘No! As for me Allah has cured me and I was afraid that (by Showing that to the people) I would spread evil among them when he ordered that the well be filled up with earth, and it was filled up with earth.”
Looking at this Hadith, it becomes clear that it contradicts the following matters: 1- It contradicts the infallibility (I’sma) of the Messenger (saw). This Hadith shows that the Messenger (saw) was bewitched, and he imagined that he did something that he did not do, or that he performs a specific action, for example, if he prayed Zuhur prayer, for example, but he did not pray it, or the like. Of course, this results in the Messenger performing certain actions that are not from revelation. And all of this contradicts the fact that the Messenger (saw), was infallible in his actions and sayings because of revelation.
2- This is in addition to the fact that the Messenger (saw), did not kill the magician, Labid bin Al-A’sam, and he was a hypocrite as it came in Al-Bukhari, meaning that the rules of Islam should be applied to him. The jurists, although they differed over the killing of a dhimmi magician, but there had no disagreement about killing a Muslim magician, on their terms. Labid was a Muslim in appearance, so the rules of Islam are applicable to him. However, he was not killed according to the narrations on that.
3- The contradiction with the meaning of the noble verses.
In Surat Al-Isra, Allah (swt) says:
(نَحْنُ أَعْلَمُ بِمَا يَسْتَمِعُونَ بِهِ إِذْ يَسْتَمِعُونَ إِلَيْكَ وَإِذْ هُمْ نَجْوَى إِذْ يَقُولُ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً)
“We are most knowing of how they listen to it when they listen to you and [of] when they are in private conversation, when the wrongdoers say, “You follow not but a man affected by magic.” [Al-Isra: 47]. And His (swt) saying in Surat Al-Furqan:
(وَقَالُوا مَالِ هَذَا الرَّسُولِ يَأْكُلُ الطَّعَامَ وَيَمْشِي فِي الْأَسْوَاقِ لَوْلَا أُنْزِلَ إِلَيْهِ مَلَكٌ فَيَكُونَ مَعَهُ نَذِيراً * أَوْ يُلْقَى إِلَيْهِ كَنْزٌ أَوْ تَكُونُ لَهُ جَنَّةٌ يَأْكُلُ مِنْهَا وَقَالَ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً * انْظُرْ كَيْفَ ضَرَبُوا لَكَ الْأَمْثَالَ فَضَلُّوا فَلَا يَسْتَطِيعُونَ سَبِيلاً)
“And they say, “What is this messenger that eats food and walks in the markets? Why was there not sent down to him an angel so he would be with him a warner? * Or [why is not] a treasure presented to him [from heaven], or does he [not] have a garden from which he eats?” And the wrongdoers say, “You follow not but a man affected by magic.” * Look how they strike for you comparisons; but they have strayed, so they cannot [find] a way” [Al-Furqan:7-9]. As we clarified above in the point “Second-2”.
Accordingly, this Hadith and every Hadith with a Sahih chain of narrators that states that the Messenger (saw), was affected by magic (sihr), is rejected in meaning (diraya) i.e. he was not bewitched… This is because if the Hadith has a valid chain of transmission, but it contradicts the definite verse, it will be rejected in meaning (diraya).
I hope that this is sufficient, and Allah is All-Knowing and Most Wise.
Your Brother,
Ata Bin Khalil Abu Al-Rashtah16 Dhul Qi’dah 1443 AH
15/6/2022 CEThe link to the answer from the Ameer’s Facebook page
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Q&A: The Sighting of the Crescent and the Astronomical Calculation
Answer to Question
The Sighting of the Crescent and the Astronomical Calculation
(Translated)Praise be to Allah and prayers and peace be upon the Messenger of Allah, his family, companions and those who are loyal to him, and so…
To the brothers and sisters who sent to our webpage asking about the sighting of the crescent and the astronomical calculation…
Assalamu Alaikum Wa Rahmatullah Wa Barakatuh,
I have read your questions about the sighting and astronomical calculations, we have repeatedly issued answers on this subject, but never mind, I will add to it in clarification and confirmation, hoping that the brothers and sisters will reflect on it carefully and with scrutiny, so I say, and Allah grants success:
1- We, brothers and sisters, do not include the astronomical calculation in the subject, for the text depends only on sighting, and we fast and break our fast based on it. If we do not see it (the new moon) on the evening of the 29th of Ramadan, we must complete the thirty days, even if the new moon is present by astronomical calculation, but it is obscured by clouds or weather conditions. Sighting is what is relied on because the text is regarding the sighting and not the cosmic phenomenon. Look at the Hadith of the Messenger (saw) which was extracted by Al-Bukhari: He said: I heard Abu Huraira (ra) say: The Prophet (saw) or Abul-Qasim (saw) said: «صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلَاثِينَ» “Start fasting on seeing the crescent [new moon] (of Ramadan), and give up fasting on seeing the crescent [new moon] (of Shawwal), and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.” And the Hadith extracted by Ahmad: He said, I heard Abu Huraira say: the Messenger of Allah (saw) said: «لَا تَصُومُوا حَتَّى تَرَوْا الْهِلَالَ وَلَا تُفْطِرُوا حَتَّى تَرَوْا الْهِلَالَ، وَقَالَ: صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غَبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ»“Do not fast unless you see the crescent [new moon] and do not break your fast unless you see the crescent [new moon]. Start fasting on seeing the crescent [new moon] (of Ramadan), and give up fasting on seeing the crescent [new moon] (of Shawwal), and if the sky is overcast (and you cannot see it), count thirty days.”
If the clouds obscured it, for example, and the Muslims did not see it even though it is present behind the clouds by astronomical calculation, then we do not break the fast accordingly, but we must fast on the thirtieth day because we did not see it.
I reiterate, review the Hadith: فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلَاثِينَ»« “…and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban”.
Although it is present according to the astronomical calculations.
2- We realize that the astronomical calculation can show the conjunction by the second, and can show when the new moon is born, and when it will disappear and how many minutes it remains after the sunset… But the Shariah text did not stipulate the cosmic phenomenon but rather the sighting. Look, for example, at prayer times, and you will find that the text mentioned the cosmic phenomenon and was not limited to the sighting.
]أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ[“Establish prayer at the decline of the sun [from its meridian]” [Al-Isra’: 78] «إِذَا زَالَتِ الشَّمْسُ فَصَلُّوا» “Pray when the sun passed the meridian.”
The prayer is dependent on the time, so you pray as soon as you verify the time by whatever means. If you looked at the sun at the time of passing the meridian (zawal) or if you observe the shadow and see that all objects have the same size of their shadow or like it, as stated in the Hadiths of prayer times, if you did that and verified the time, the prayer is valid. If you do not do that, but calculated it astronomically, and you find out that time of the sun passing the meridian is such-and-such, and you look at your watch without going out to see the sun or the shade, your prayer is valid. i.e., that you verify the time using any means. Why? Because Allah (swt), asked you to pray when the time enters, and left you to verify its entry without specifying how to verify it.
As you can see, if you looked at the sun at the time of passing the meridian (zawal), you pray, and if you calculate it on your watch, you pray, i.e. here (by sighting and calculation) you pray because the text does not rely on the sighting but on the cosmic phenomenon… And this is contrary to the Shariah text of fasting and breaking the fast that stipulates sighting.
3- As for the witness who may be mixed up on the matter, he may testify that he saw the new moon while he did not see it, but rather he saw something else. This is the task of the judge or the person with the authority to announce the beginning and end of the month. He checks the witnesses and their number, the higher the number, the closer to reassurance. He checks how good is the witness’s eyesight, the direction of the crescent arc. He verifies the length of time the new moon stays after sunset, the place in which it was seen and if the witness is a Muslim and if he is an immoral person (fasiq), etc. Muhammad ibn Abd al -Aziz told us, Ibn Abi Razmah said: Al-Fadhl Ibn Musa from Sufyan from Simak from I’krima from Ibn Abbas said: A Bedouin came to the Prophet (saw) and said: «فَقَالَ رَأَيْتُ الْهِلَالَ فَقَالَ أَتَشْهَدُ أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّداً عَبْدُهُ وَرَسُولُهُ قَالَ نَعَمْ فَنَادَى النَّبِيُّ ﷺ أَنْ صُومُوا» ‘I have sighted the crescent [new moon].’ He said: ‘Do you bear witness that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger?’ He said: ‘Yes.’ So, the Prophet gave the call saying: ‘Fast.”[Sunnan An-Nasa’i]
This is how you verify the witness, but without bringing the astronomical calculation into the subject, that is, not to mention to him that the astronomical calculation determined that new moon is located behind the clouds, or that they decided that it does not exist, because the introduction of the astronomical calculation into the issue is contrary to what was mentioned in the Hadith of the Messenger (saw): «صُومُوا لِرُؤْيَتِهِ، وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ» “Start fasting on seeing the crescent [new moon](of Ramadan), and give up fasting on seeing the crescent [new moon] (of Shawwal), and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.”
The text is clear, and it is that the month should complete thirty, even though if it is (the new moon) behind the clouds, but it is not seen.
4- As for the question: (the Prophet (saw) said: «إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا يَعْنِي مَرَّةً تِسْعَةً وَعِشْرِينَ وَمَرَّةً ثَلَاثِينَ» “We are an illiterate nation; we neither write, nor know accounts. The month is like this and this, i.e., sometimes of 29 days and sometimes of thirty days.” [Bukhari]. “Should it not be understood in contradiction to the fact that we take sighting, because we do not write and calculate, so if we learn arithmetic, then we take astronomical calculations).
This understanding is incorrect and it is rejected as it is known in the Usul, as this concept is disrupted (mu’atal), because the description of Umiyyah (illiterate) describes the majority (al-Ghalib), so the Arabs were in the most general illiterate, in addition to that this concept has been disrupted by the wording of other texts, including the Hadith: «فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ» “…and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.” [Bukhari]
No restriction was mentioned with it, i.e. if the sighting of the new moon is not possible due to clouds or rain or any reason that prevents sighting, the Shariah ruling has been determined by completing the month thirty days, even if the new moon was present, but the clouds obscured it. Accordingly, the wording (mantooq) of the Hadith is used and the concept of contradiction (mukhalafa) is disrupted. That is, the concept of contradiction (mukhalafa) here is disrupted by two things: it describes the majority, and because there is a wording of another text that contradicts this concept.
This is true in the conditions of working with the concept in more than one case. It is disrupted if it describes the majority, or if another text disrupts it with its wording, such as:
[وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ]
“And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin” [Al-Isra’: 31].
“Fear of poverty” is a defining description, i.e., fear of poverty. Likewise, it is describing the majority, for they used to kill their children for fear of poverty, then this concept has been disrupted by a text:
[وَمَنْ يَقْتُلْ مُؤْمِناً مُتَعَمِّداً فَجَزَاؤُهُ جَهَنَّمُ]
“But whoever kills a believer intentionally – his recompense is Hell, wherein he will abide eternally” [An-Nisa: 93].
Therefore, this concept is disrupted, so it is not said that what is forbidden is killing children for fear of poverty, and it is permissible to kill them if parents are rich! Rather, it is forbidden in both cases, whether out of poverty or richness, and the same is true for the verse,
[لَا تَأْكُلُوا الرِّبَا أَضْعَافاً مُضَاعَفَةً
[“O you who have believed, do not consume usury, doubled and multiplied” [Aal-i-Imran: 130].
So “multiple times” is an understandable description, and it describes the majority. They took usuary in multiple times.
This concept was disrupted by the text:
]وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا]
“But Allah has permitted trade and has forbidden interest” [Al-Baqara: 275].Therefore, this concept is disrupted, so it is not said that what is forbidden is multiple usury, and as for little usury, it is permissible. Rather, usury, regardless of its amount, is forbidden because the concept of “multiple times” is disrupted, as we said.
Thus, the concept of the word “Umiyyah” (illiterate) is disrupted, as we have explained, meaning that if sighting was not possible due to clouds or rain, the month should be completed thirty days, whether we know the calculation or not.
5- Regarding Eid ul-Fitr this year, if you noticed, we were late in announcing it this time, and the reason was to verify this matter. There were different testimonies of the sighting:
a- Afghanistan, Mali and Niger announced the sighting after sunset on Saturday 30/4/2022 and then Eid was announced on Sunday, first of Shawwal 1443 AH corresponding to 1/5/2022 CE.
b- About 21 Arab countries announced that sightings were not confirmed after the sunset of Saturday, so they considered Sunday to be the completion of the month of Ramadan, and that Eid is Monday, 2/5/2022.
c- Four countries on their calendar marked Saturday as the 28th of Ramadan, so the sighting was not investigated on Saturday evening, but on the next day, Sunday, and they did not see the new moon, so they considered Monday as the completion of Ramadan and Eid is on Tuesday 3/5/2022, and these countries are India, Bangladesh, Iran and Pakistan
6- Therefore it was necessary to follow the one who saw, because the one who sees has the stronger case against the one who does not see, and the verification of the sighting is as it is in the Shariah texts without introducing the astronomical calculation into the subject because the Hadith of the Messenger (saw) is clear in the Hadith:
فَإِنْ غَبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ»
« “…and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.”
And because Mali and Niger are west of Afghanistan, i.e. if the sighting is established in Afghanistan, it is with greater reason that it is established in Mali and Niger, and accordingly we have begun to investigate Afghanistan, and the announced sighting were in these three countries:
a- Niger announced that the sighting of the new moon of the month of Shawwal was confirmed, after sunset on Saturday in the regions of Diffa, Tahoua and Maradi, as well as in the city of Zinder.
b- The Supreme Court of Afghanistan announced, on Saturday evening, that Sunday 1/5/2022, will be the first day of blessed Eid ul-Fitr 2022 in the country. And as it was mentioned about those countries, the sighting took place in the states: Ghor, Ghazni, Kandahar, Farah, and 27 valid testimonies were confirmed by the regional committees.
c- Mali also announced that the Shawwal new moon was sighted on Saturday evening in two locations by 8 witnesses.
In other words, the sighting was from about 39 witnesses in different locations… and we made every effort to verify this, especially from Afghanistan, because Mali and Niger are to the west. If sighting is valid in Afghanistan, then with greater reason it is correct in Mali and Niger. We were not sufficed with what we got from the Media and with what we received from the Mu’tamids in the Wilayahs, we even added to that… So, we contacted the Media Office of Hizb ut Tahrir in Afghanistan, as well as some Afghan brothers in Europe to contact some relatives in Afghanistan to verify the matter until we were reassured that the sighting was confirmed, so we announced it around 12 at night, Medina time.
7- As for the question, why do Muslims differ in sighting? The answer is simple and easy, and it is as follows:
a- The disagreement is due to the non-following of the Shariah ruling, although it is clear! The Messenger of Allah (saw) explained to us the obligation to follow the sighting (method), and he (saw) emphasized that by saying: فَإِنْ غَبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ» « “…and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.”
It is clear from this that the astronomical calculation should be disregarded, because the text required the completion of the month, thirty days, if the new moon was not seen, because the clouds obscured it from sighting; even if it was located behind the clouds and the astronomical calculation proved its presence behind the clouds. Even then, it is not correct to use them (the astronomical calculations), rather we complete the month thirty (days) as stated in the Hadiths Messenger of Allah (saw): «صُومُوا لِرُؤْيَتِهِ، وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ» “Start fasting on seeing the crescent [new moon] (of Ramadan), and give up fasting on seeing the crescent [new moon] (of Shawwal), and if the sky is overcast (and you cannot see it), count thirty days of Sha’ban.” And he (saw) said:«لَا تُقَدِّمُوا الشَّهْرَ حَتَّى تَرَوْا الْهِلَالَ أَوْ تُكْمِلُوا الْعِدَّةَ ثُمَّ صُومُوا حَتَّى تَرَوْا الْهِلَالَ أَوْ تُكْمِلُوا الْعِدَّةَ» “Do not anticipate the month until you see the crescent [new moon]before it, or you complete the number of days. Then fast until you see the new moon, or you complete the number of days.” [Narrated by Abu Dawud]. He (saw) said:«إِذَا رَأَيْتُمْ الْهِلَالَ فَصُومُوا وَإِذَا رَأَيْتُمُوهُ فَأَفْطِرُوا فَإِنْ غُمَّ عَلَيْكُمْ فَصُومُوا ثَلَاثِينَ يَوْماً» “When you see the crescent [new moon] (of the month of Ramadan), start fasting, and when you see the crescent [new moon] (of the month of Shawwal), stop fasting; and if the sky is overcast (and you can’t see it) then fast 30 days.” [Narrated by Muslim].
There are many Hadiths regarding this, and they indicate that what counts in this is sighting of the new moon or completing the month thirty days. The purpose of these Hadiths is not for each one to see the new moon himself, rather what is meant is the just testimony as evidence, for it was authenticated on the authority of Ibn Umar – may Allah be pleased with them, he said: “The people tried to see the new moon and he informed Allah’s messenger that he had seen it, so he fasted and commanded the people to observe the fast.” [Narrated by Abu Dawud].
b- As for the second reason, the Muslims are united by a Khilafah (Caliphate), they have no one ruler that removes the dispute without division. By studying the Hadith of the Messenger (saw) this is clear.
Ahmad extracted in his Musnad, he said, Hushaim told us, Abu Bishr told us, from Abi Umair ibn Anas, uncles of mine from the Ansar told me and from the companions of the Messenger of Allah (saw):«غُمَّ عَلَيْنَا هِلَالُ شَوَّالٍ فَأَصْبَحْنَا صِيَاماً فَجَاءَ رَكْبٌ مِنْ آخِرِ النَّهَارِ فَشَهِدُوا عِنْدَ رَسُولِ اللَّهِ ﷺ أَنَّهُمْ رَأَوْا الْهِلَالَ بِالْأَمْسِ فَأَمَرَ رَسُولُ اللَّهِ ﷺ أَنْ يُفْطِرُوا مِنْ يَوْمِهِمْ وَأَنْ يَخْرُجُوا لِعِيدِهِمْ مِنَ الْغَدِ» “The crescent [new moon] of Shawwal was hidden from us (by clouds) so we arose the next morning fasting. Then a caravan from outside Madinah arrived towards the end of the day and the people init witnessed to the Prophet (saw) that they had seen the crescent [new moon] yesterday, so he (saw) commanded us to break our fast and to gather for Eid the following morning.” [Musnad of Ahmad]
Despite the difficulty of communication between villages and cities at that time, the problem was resolved by the Messenger (saw), when he (saw) commanded Muslims in Medina to break the fast because the new moon was seen in the Badiya desert, then he (saw) commanded Muslims to pray Eid the next day, because the Badiya delegation arrived in Medina after the time for the Eid prayer had passed that day. This is at the time when communication of news from one country to another took a long time. So how is it today, when the news is transmitted at rapid speed? If the Muslims had a caliph and one state, they would be the servants of Allah as brothers, especially since adoption in everything that unites Muslims and their unity is commanded by Islam for the state, the party and the individual according to the Shariah. So, adopting the Shariah opinion that unites Muslims is a matter of great status in Islam.
It is these two matters that remove the dispute, and it is the duty of the Muslims to make every effort to achieve them so that the Muslims return to being the best nation brought to humankind as Allah (swt) revealed in His Noble Book.
]كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ وَتُؤْمِنُونَ بِاللَّهِ]
“You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah. If only the People of the Scripture had believed, it would have been better for them. Among them are believers, but most of them are defiantly disobedient” [Aal-i Imran: 110].
In conclusion, I ask Allah (swt), to guide all Muslims to the best in their affairs, to make them honoured with the honour of Islam, and to establish their state after a long absence, and then they do not differ in obedience to their Lord, but rather be as Allah (swt) says:
[فَانْقَلَبُوا بِنِعْمَةٍ مِنَ اللَّهِ وَفَضْلٍ لَمْ يَمْسَسْهُمْ سُوءٌ وَاتَّبَعُوا رِضْوَانَ اللَّهِ وَاللَّهُ ذُو فَضْلٍ عَظِيمٍ]
“So, they returned with favor from Allah and bounty, no harm having touched them. And they pursued the pleasure of Allah, and Allah is the possessor of great bounty” [Aal-i Imran: 174].
May Allah accept your worships, Wassalam Alaikum Wa Rahmatullah Wa Barakatuh.
Your Brother,
Ata Bin Khalil Abu Al-Rashtah10 Shawwal 1443 AH
10/5//2022 CEThe link to the answer from the Ameer’s Facebook page.
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Pakistan’s Revenue and Expenditure under the Khilafah
بسم الله الرحمن الرحيم
Pakistan’s Revenue and Expenditure under the Khilafah
Pakistan’s Current System Secures the Economic Interests of the Kafir Colonialists
Sufficient revenues in the state treasury are essential for looking after the affairs of the people and managing the state expenses, such as the armed forces, health and education. However, in Pakistan’s current system, both democracy and dictatorship take turns to secure the economic interests of the kafir colonialists. To achieve this, the World Bank, IMF in cahoots with the government selectively employ humiliating policies of regressive taxation and privatization. These policies deprive the population of public ownership of huge sources of revenue and then leaves the people to take the burden of the expenses of the state, by imposing an entire host of regressive taxes that choke economic activity and add to the people’s misery, usurping what private wealth they have left. Even though there is no Zakah upon the poor and indebted in Islam, the current system applies regressive taxation on buying food, clothing, shelter, earning, inheritance, administration, health and education, renders them “luxuries” for the “privileged” few, and not guaranteed needs for all.
Moreover, on the expenses side, the expenditure is primarily to secure the needs of the kafir colonialists and a corrupt local elite through the interest based debt system they have created. In the coming financial year, the rulers will spend over three trillion rupees upon making payments of interest, even though interest is a major sin in Islam and an invitation of war from Allah (swt) and His Messenger (saw). Rather than refusing to pay the 3 trillion rupees in interest as Islam mandates, Pakistan’s rulers will be taking even more interest-based loans, to help cover the 3.5 trillion rupees’ federal fiscal deficit. Thus, the current government is plunging Pakistan deeper into interest-based debt, as every previous government has done. In 1971, Pakistan’s debt was 30 billion rupees, but by 1991, it rose to 825 billion rupees. By 2011, Pakistan’s debt soared to 10 trillion rupees and now it has quadrupled, approaching 40 trillion rupees, just ten years later.
This is the reality of Pakistan’s revenue and expenditure under the colonialist system no matter whosoever comes to rule, and regardless of whether the appearance of the rule is democratic or dictatorship. And this is because in democracy and dictatorship, men decide laws according to their whims and desires rather than implementing all that has been revealed by Allah (swt).
Depriving the Society of Revenue from Public Properties
Capitalism as implemented by both dictatorship and democracy in Pakistan deprives the state and the general public huge sources of revenue, through privatization of the public properties, such as oil, gas and electricity. Local and foreign owners of the oil, gas and electricity assets generate huge revenues and sizeable profits from these valuable resources. Unlike Capitalism and Communism, Islam has declared that energy is neither a private nor a state property but a public property for all the Muslims. The Messenger of Allah (saw) said, «الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلَاثٍ الْمَاءِ وَالْكَلَإِ وَالنَّارِ» “Muslims are partners in three things: water, pastures and fire (energy)” [Abu Dawood.]. Thus, although the Khilafah (Caliphate) State takes charge of managing the public property and state property, it is not permitted for the Khalifah to grant the ownership of the public property to any private party, whether an individual or group, as it is a property for all Muslims. After returning these assets to public ownership, the future Khilafah can trade in energy resources with foreign states that are not hostile to the Muslims and Islam. In this and similar ways the Khilafah will ensure the benefit of this wealth of the Ummah is for the Ummah itself, rather than becoming a source of misery by allowing private companies to funnel its wealth away as profits, whilst the government adds to burdens of the people with huge taxation upon energy. In addition, Capitalism’s drive for private ownership also usurps interests that should be owned primarily by the state, such as machinery and heavy munitions manufacture, telecommunications, major construction and transport. In the coming Khilafah, inshaaAllah, such enterprises are primarily to be regarded as state enterprises, with local private companies from these lands existing within the field, but under state supervision so as to prevent eclipsing and dominating the state role as occurs in these dark days of capitalism.
In the absence of Islam, the wealthiest companies in the world are energy, arms, machinery and telecommunications companies, whilst the governments are left with only one resort for revenues, suffocating the people with increased taxation. Moreover, in Pakistan’s case, colonialism through the agent rulers creates incentives to encourage foreign ownership, such as reduced excise on the import of machinery and other economic inputs and tax holidays on profits, which are sent back to strengthen the economy of the foreign country. And the direct foreign usurping of the Pakistan’s manufacturing base, as evident by the government’s own Foreign Direct Investment (FDI) figures, it surges under every successive regime.
Strangling Most of the People with Taxes, whilst Only a Few Thrive
Under IMF supervision, Pakistan’s economy has been strangled by ever increasing regressive taxation on earnings and consumption of goods. So, consider that total revenues in 1987-88 were Rs. 117,021 million and in 2002/3 they were Rs. 706,100 million. Taxation was over one trillion rupees for the financial year of 2008-2009, but then was doubled to over two trillion rupees for 2013-2014. By 2018-2019, taxation was then doubled again to four trillion rupees, whilst Pakistan’s rulers now target nearly six trillion for 2021-2022. This is whilst they are striving, from now, to meet the IMF demand for taxation of ten trillion rupees, for the financial year of 2024-2025. If such increases in taxation were to ensure the defending the honour of the Prophet (saw), or liberating Al-Aqsa Masjid and Occupied Kashmir, the Muslims of Pakistan would empty their houses and tie stones to their bellies. However, to chase our poor and indebted mercilessly, in order to spend upon a major sin, is a heinous crime that must be denounced and rejected in every corner of Pakistan.
In the current budget 2021-22, the regime has set a target of 5.83 trillion rupees of tax collection, out which 62.6% will be indirect taxes. So the bulk of revenue generation is from regressive taxation. A regressive tax is applied uniformly, taking a larger percentage of income from the poor, compared to the wealthy. Even the remaining 37.4% of taxation, as direct taxes, cannot be considered as progressive taxation as it still penalizes the poor and the indebted. Most of direct taxation comprises of income tax and Workers’ Welfare Fund. In Pakistan, a man earning more than 50,000 Rupees has to pay income tax, even though he cannot fill the basic needs of a city dwelling family of four. Tax for the Workers’ Welfare Fund is applied on the new minimum wage of 20,000 Rupees in the current budget.
Throughout the world, capitalist taxation punishes the poor, whilst providing huge loop holes for the wealthy. According to a survey by the PEW research centre, 64% of Americans say they are bothered a lot by the feeling that some corporations aren’t paying what’s fair in federal taxes, whilst 61% say the same about some wealthy people. Globally, democracy allows wealthy corporates and individuals to influence legislators to make laws that suit them. The suffering people are fed a lie that if the wealthiest are taxed less, they can spend more on production and there will be a trickle-down effect. However, the rich-poor gap is continuously increasing, even during the economic crises and lockdowns.
So after all, Capitalism has ensured that the combined revenues of sales tax and income tax alone are well over 60% of all the state revenues. Which means the major share of the revenues is from usurping the wages of the people and undermining their ability to buy essentials. This corrupt system can only produce such failure as it is designed to neglect the affairs of the people and this is why all those who seek power in this system are also calling for increased taxation. As income tax, this system taxes people upon the fruits of their labour from which they hope to save to secure their basic needs and some of their luxuries, rather than taxing from their surplus wealth beyond their needs and some of their luxuries. As sales tax, it taxes the people in their attempts to buy basic needs and some luxuries, rather than taxing only on those who have wealth in surplus of such basic needs and luxuries. Yet, the rulers insist this system is “for the people,” whereas in the Khilafah, neither income tax nor sales tax exists, because private property in origin is inviolable. Taxation occurs on surplus wealth beyond that which is needed to secure basic needs and some luxuries, and that too under stringent conditions. What allows this low taxation policy is the fact that the Khilafah has abundant sources of revenues from public and state property, as well as a unique set of laws for revenue generation from agriculture and industry.
Expenditure that is Biased Towards the Colonialists and their Agents
Having deprived the Ummah of its rightful revenues and also choked its earnings and ability to buy and produce, the government then takes interest based loans from the kafir colonialist countries. These loans are a bunya (debt trap), designed to keep Pakistan in debt so as to strip it of its assets and gravely reduce its ability to stand on its feet as a challenge to the West. This is money that is taken away from the economy, looking after the affairs and securing the basic needs of the people. And it is a global injustice, as like Pakistan, many countries have paid back their loans many times over, but remain in debt due to unjust colonialist interest based loans and conditions. It is the Khilafah (Caliphate) on the Method of Prophethood alone that will rescue us from the endless descent into interest based debt. The Khilafah will not pay any interest whatsoever accrued on the debts, because Allah (swt) said,
(يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِن كُنتُم مُّؤْمِنِينَ * فَإِن لَّمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِّنَ اللَّهِ وَرَسُولِهِ وَإِن تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ)
“O you who believe! Be afraid of Allah and give up what remains (due to you) from Riba (from now onward), if you are (really) believers. And if you do not do it, then take a notice of war from Allah and His Messenger, but if you repent, you shall have your capital sums. Deal not unjustly and you shall not be dealt with unjustly.” [TMQ Surah al-Baqarah 2: 278-9].
Revenue and Expenses Overview
Unlike Capitalism, Islam does not rely on taxation on income and consumption as a dominant means to generate revenue. Its revenue generation is based on accrued wealth beyond the basic needs, as well as upon actual production. Even when the Khilafah does tax, it is with stringent conditions that are based upon accumulated wealth, so it does not penalize poor and under privileged who are unable to secure their basic needs. This is possible because partly because of the huge revenue that the state will generate from state owned and publicly owned enterprises such as energy resources, machinery and infrastructure manufacture and partly through Islam’s unique revenue laws, which increase distribution of the wealth, rather than its concentration. Hizb ut Tahrir states in its Introduction to the Constitution, “Article 148: The budget of the State has permanent chapters determined by Shari’ah rules. As for the sections of the budget, the amounts allocated for each section, and the issues of each section covered by these amounts are left to the opinion of the Khalifah and his Ijtihad.” And in Article 149: “The permanent sources of income for the Bayt al-Mal are the booty, Jizya, land tax, a fifth of buried treasure, and Zakat. This income is collected continuously irrespective of whether there was a need or not” and in Article 151: “Money taken at the borders of the State from custom duties, income derived from public or State property, inheritance for which there is no inheritor and the assets of the apostates are all considered to be part of the revenue of the Bayt al-Mal.”
Industry as a Source of Revenue
Industry will thrive in the Khilafah. It will not be strangled by taxes for all manner of crucial inputs, from energy to machinery. Instead, the state will generate revenue from profits of the trade and accrued trading merchandise. This allows the businesses to focus on production without fetters, whilst circulation is ensured through their giving of revenues from their profits or accrued wealth. Hizb ut Tahrir says in its Introduction to the Constitution, Article 143: “Zakat is collected from Muslims, and is taken from the wealth which the Shari’ah has specified such as money, the profits of trade, cattle and grains. It is not taken from anything which the Shari’ah did not mention. It is taken from every owner irrespective of whether they were legally responsible/accountable (mukallaf) such as the mature, sane person or whether they were not legally responsible such as the child and the insane. The Zakat is placed in a specific section of the Bayt al-Mal, and is not spent except upon one or more of the eight categories mentioned in the noble Quran.”
Kharaaj as a Source of Revenue does not Strangle Farmers
Under Islamic rule, the Indian Subcontinent, a predominately agricultural society, produced almost a quarter of the world’s GDP. One of the factors was the concept of Kharaj. Under Kharaj, the neck of the land was owned by all the Muslims, but its use and benefit was with the one who cultivated it. So the one who cultivated it benefited from its production directly. This allowed the circulation of wealth and boosted production. In return for a strong source of livelihood, the Muslims generated revenue from the land for the state, in accordance to its capacity. With the introduction of Capitalism, under the British rule, the cultivators were taxed heavily, were forced then to take interest based loans, subsequently drowned in debt and ultimately had to sell their lands. This was asides from the land seizures by the colonialists for the sake of themselves and their collaborators. Agriculture continues to suffer from Capitalism until today, even though Pakistan’s existing agriculture remains world class in many fields, and has potential to develop far further. The farmers face huge taxation on agricultural inputs from fertilizer, seed, machinery, transport and fuel. Then they are forced to try and increase profits by exports to foreign markets. This in turn drowns Pakistan in suffering by forcing it to make more and more expensive imports of the same grains and crops that it can grow in abundance. In Islam, the revenue generation is not based on taxation of agricultural inputs, but on production from the land, which enables the farmer to maximize the production, without being slowed down by over-expensive inputs. As Hizb ut Tahrir states in its Introduction to the Constitution in Article 145, “Land tax is payable upon the kharajiyyah land according to its capacity. Zakat is collected from the ‘ushriyyah land according to the actual production.”
Recourse to Taxation is with Stringent Conditions, Not a Default
Islam grants sanctity to the private property of individuals and prevents it usurping, so taxation would occur in the Khilafah, but as a last resort and under stringent conditions; namely, if the revenues that Shariah has stipulated were not enough and only upon those who have secured their basic needs and luxuries to the level that is considered normal or equitable (bil maroof). So Islam ensures that there is no taxation on the fruits of labour nor the efforts to secure the basic needs and luxuries to the level that is considered equitable, as occurs in capitalism in the form of income tax and sales tax, which is punishing the less well off. This means that the taxation will ensure circulation of wealth, rather than concentration. Consider that Pakistan’s top 30 richest people are worth circa $15 billion and these are only reported figures. Just a 30% tax will net $4.5 billion. Thus, the money raised through the levy of emergency tax on the wealthy can be used for emergency needs, according to Shariah rulings, such as feeding the poor or earthquake relief efforts.
Beyond this the Khilafah can choose to take interest-free loans from the people for projects with repayment expected over short term as well, as asking for voluntary donations from an Ummah which is characterized by generosity for the sake of Allah (swt). Hizb ut Tahrir states in its Introduction to the Constitution in Article 150: “If the permanent revenues of the Bayt al-Mal are not sufficient to cover the expenditure of the State, then it is possible to impose taxes upon the Muslims. It becomes obligatory to impose taxes as follows: a. To fulfil the obligatory expenses upon the Bayt al-Mal for the poor, needy, and wayfarers, and to undertake the obligation of Jihad. b. To fulfil the obligatory expenses upon the Bayt al-Mal for remunerations of the civil servants and soldiers, as well as compensation for the rulers. c. To fulfil the obligatory expenses upon the Bayt al-Mal to undertake the services and needs such as establishing roads, extracting water, building mosques, schools and hospitals. d. To fulfil the obligatory expenses upon the Bayt al-Mal which are necessary in case of a disaster which afflicted the subjects such as famine, floods and earthquakes” and in Article 146: “Muslims pay the taxes that the Shari’ah has permitted to be levied upon them in order to cover the expenditure of the Bayt al-Mal, on the condition that it is levied on that which is surplus to the individual’s needs according to what is normal, and has to be sufficient to cover the needs of the State. And forbade the taking of custom duties, because it is a tax, and so it is a prohibition that encompasses every tax.” And in Article 147: “The State has the right to impose taxes in order to undertake anything that the Shari’ah obligated upon the Ummah if the funds in the Bayt al-Mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect fees for the courts or departments or to fulfil any service.”
Expenditure Guidelines
Thus the Khilafah raises huge revenues from state property, public property, agriculture and industry without choking them, and taxes from those who have surplus to normal living. On the expense side Islam stipulates all that is necessary to truly look after the affairs of the people. Hizb ut Tahrir declares in the Introduction to the Constitution, Article 152: “The expenditure of the Bayt al-Mal is divided across six sections: a. The eight categories which deserve the Zakat to be spent upon them, from the chapter of Zakat. b. The poor, the needy, the wayfarer, Jihad, and those in debt – if there is nothing found in the chapter of Zakat, they are given money from the permanent sources of income of the Bayt al-Mal, and if nothing is found then those in debt are not given anything. Taxes are imposed in order to fulfil the expenses required for the poor, the needy, the wayfarer, and Jihad, and the State takes a loan in case of fear of fasad (corruption). c. The individuals who provide services to the State such as the civil servants, the soldiers and the rulers are paid from the Bayt al-Mal. If there were insufficient funds in the Bayt al-Mal then taxes are imposed in order to fulfil the expenditure needs, and the State takes a loan in case of fear of fasad (corruption). d. The essential services and utilities such as roads, mosques, hospitals and schools are funded by the Bayt al-Mal, and if there are insufficient funds in the Bayt al-Mal taxes are imposed to fulfil these expenses. e. The non-essential services and utilities are funded by the Bayt al-Mal, and if funds found in the Bayt al-Mal are insufficient then they are not funded, but rather delayed. f. Emergency situations such as earthquakes and floods are funded by the Bayt al-Mal, and if the funds were not found the money required is taken as a loan immediately which is then repaid through raised taxes.”
H. 4 Ramadan 1443
M. : Tuesday, 05 April 2022Hizb-ut-Tahrir
Wilayah of Pakistan -
Rape: An Expression of Power or Deviant Sexual Behavior?
The disturbing occurrence of rape incidents is a growing social problem, which unfortunately, only gets attention in the media after some horrific incident is reported. Usually, such an incident triggers a fierce debate on social and electronic media, which then compels the government officials and rulers to issue a few statements on this issue. However, once the debate subsides a little, the government becomes completely oblivious to the problem, as if it did not even exist in the first place. The issue of rape is not specific to Pakistan, but instead afflicts the entire world. The severity of this issue can be judged by the following facts:
- According to the World Health Organization (WHO), 7% of the population in UK – the majority of whom are women – have been sexually harassed. Furthermore, these numbers are continuously rising each year.
- According to Rape, Abuse & Incest National Network (RAINN), the largest American anti-sexual assault organization, which also sometimes works for the government, every one in six females and one in thirty-three males has been a victim of sexual assault. This situation is continuing to deteriorate.
- In Pakistan, Geo News reports that around 10,000 cases of rape have been reported between 2014 and 2017. These numbers, too, are continuously increasing.
- According to The News International, rape cases in big cities have seen a rapid increase between 2014 and 2020.
A minority, but nevertheless influential group in Pakistan, believes that rape incidents are a result of a patriarchal society, in which women are not considered as equals to men. They reason that such a society produces sexually-frustrated men who consider women to be subservient to them. They hence believe that they are free to use these women in whatever and however way they desire to the extent of their own sexual satisfaction. This group of people, thus, believes that rape is neither linked to an increase in nudity in the society nor a result of the adoption of a particular set of ideas imported from the West. In fact, this group believes that men and women should be free to establish consensual relationships between themselves in whatever way they please. Therefore, they label people who criticize nudity or the clothing choices of women influenced by Western ideals as rape apologists.
A closer examination of this narrative, however, reveals that it is shallow in nature, and also does not address the entire reality of this issue. Furthermore, this narrative is also influenced by Western thinking, which views society through the false lens of liberalism.
To understand the real reasons behind rape and other crimes in the society, one must develop a correct understanding, firstly, of the human nature which is the basis of human creation by their Creator and, secondly, of the way in which societies are formed. Allah (swt) has created all human beings, men and women, with a specific nature, and has made the survival of the human race dependent on the two of them co-operating and coming together. Both men and women are human beings and, as such, have all the characteristics that make them humans. One of these is the ability of every human being to think which, in turn, influences their actions. Another characteristic is that all human beings have a certain set of organic needs, such as need to take food and water, need to breath air and the need to relieve oneself, which are vital for life. Apart from these organic needs, human beings also have some instincts which, if left unfulfilled, may result in anxiety and discontent, such as the procreation instinct. These facts about human nature are definite, and true without exception.
Allah (swt) is the One Who has placed these instincts in human beings. Furthermore, He (swt) has also provided human beings with the correct means to satisfy these instincts. So Allah (swt) didn’t only create an instinct but He (swt) also provided means for its satisfaction. Moreover, Allah (swt) also guided towards ruling for the correct satisfaction of human instincts, be it the survival instinct, procreation instinct or spiritual instinct. Any old method to satisfy an instinct in itself is not necessarily correct. For example, every person has a survival instinct, which pushes him to find comfort for themselves in life, for which a person earns money and then buys essentials and luxuries. However, this does not mean that in order to satisfy one’s instinct, any method by which a person can get money, including stealing, looting, hoarding, smuggling or selling drugs, is correct. Obviously, this is not the case. So, then why is such a view, that a person should be free to fulfill their sexual desires by any means possible, including through incest, or bestiality, propagated in the case of the procreation instinct?
So then the real question is this: What should be the criteria to decide the correct ways to satisfy an instinct? Should the criteria be that two consenting adults, either of the same or opposite gender, be allowed to satisfy their needs in whatever way they want to, outside the bond of marriage, either by paying one another, or as partners? Adherents of the liberal Western thought would answer in the affirmative. However, then, by the same token, should it be allowed for a person to enslave another against a handsome amount of money, if the other person desperately wants this money for a better livelihood of their children? Should it be allowed for two consenting adults belonging to different countries, in the name of freedom, to exchange sensitive secrets of their respective countries in exchange for intimate relations?
Hence, some sort of criteria is required to determine what is right and what is not right for an individual to do. The question then is this: who should be given the authority to decide this criterion? And if humanity really has a Creator, then should that Creator not have a say in this?
When we look at the organic needs and instincts in human-beings more closely, we realize that the former do not require any external stimulus. For example, people will get hungry at some point of time, irrespective of whether they have good food in front of them or not. Instincts, on the other hand, require an external stimulus. However, if these instincts are not satisfied, then the person remains restless and dissatisfied. For example, seeing a mother caring for her child would trigger emotions in a childless person. However, when the mother and the child are not in front of that person, their emotions will subside. However, despite of this, the childless person will remain restless and may feel that something is missing from their life. The same is also true in the case of procreation instinct, which is stimulated when a person is confronted by a sexual stimulant, even if it is a construct of that person’s imagination.
Another aspect of human nature is the ability of a person’s thoughts and viewpoints about life to influence and shape their inclinations and instincts respectively. For example, a Muslim would not have sexual inclinations towards his mother and sisters, because of the way Islam and the society around him sanctifies these relationships. However, in the West, incest is relatively common. So, to develop the right sexual attitudes of individuals, it is necessary that the correct thoughts are propagated and established in society. Instead, declaring all individuals to be free will only push them to believe that they are free in whatever way they choose to satisfy their sexual needs, even to the extent of coercion and violence.
In light of the aforementioned thoughts, let us now look at the problem of rape more closely. Rape is an outcome of three factors:
- The person’s desire to fulfill their sexual needs.
- The person has a lack of the correct understanding of the way in which relationships between men and women should be organized, or an inclination of putting their desires ahead of this.
- The person has the ability to physically overcome and control the victim once s/he are within their reach.
A person commits the heinous crime of rape when these three factors come together. Liberalism seeks to promote all these three factors, despite its claims otherwise, whereas the Islamic social system provides an effective means to put a stop to them. Thus, rape incidents are extremely rare in a society that adopts Islam in its entirety.
As far as the first factor is concerned, Islam seeks to minimize external stimuli to a person’s procreation (or sexual) instinct. Therefore, Islam neither allows pornographic material, nor does it allow billboards that objectify women for material promotion. Islam does not permit partially-nude women to be paraded on the stages of events such as the Hum Style Awards. In public places, such as offices, both men and women are expected to conform to the Islamic code of dress and to interact with one another within the limits set by Islam. This protects the society from the sexual frustration that we are witnessing today all over the world.
This, however, does not mean that Islam does not recognize or suppresses a person’s procreation instinct. On the contrary, Islam encourages men and women to get married as soon as they reach puberty, so that they may satisfy their sexual needs as soon as possible. This helps prevent people from turning to sexually immoral means such as adultery and homosexuality. Allah (swt), says in the Glorious Quran. ﴿وَمِنْ آَيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً﴾ “And of His signs is this: He created for you helpmeets from yourselves that you might find rest in them, and He ordained between you love and mercy. Lo! Herein indeed are portents for folk who reflect.” [TMQ Surah Ar-Rum 30:21]). The Prophet Muhammad (saw) said: «يَا مَعْشَرَ الشَّبَابِ مَنْ اسْتَطَاعَ منكُم الْبَاءَةَ فَلْيَتَزَوَّجْ ، فَإِنَّهُ أَغَضُّ لِلْبَصَرِ ، وَأَحْصَنُ لِلْفَرْجِ ، وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالصَّوْمِ فَإِنَّهُ لَهُ وِجَاءٌ» “O young men, whoever among you can afford it, let him get married, for it is more effective in lowering the gaze and guarding one’s chastity. Whoever cannot afford it, let him fast, for it will diminish his desire.” [Agreed upon]
With regards to the second factor, the educational system and media within an Islamic society serve to inculcate the correct concepts about human instincts and needs, in both men and women. Hence, in an Islamic society, women will be viewed as those to be respected, whose honor must be protected as a life and death issue. A woman must be respected as a mother, daughter, wife and sister, rather than being objectified by having her sexuality and attractiveness exploited for advertising. Islam also prohibits homosexuality and considers it a heinous crime punishable by death, which previously invited Allah (swt)’s Wrath upon an entire society. Allah (swt) says in the Quran;﴿يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ﴾ “O humanity! Be mindful of your Lord Who created you from a single soul, and from it He created its mate,1 and through both He spread countless men and women. And be mindful of Allah—in Whose Name you appeal to one another.” [TMQ Surah Al-Nisa 4:1]). The Prophet Muhammad (saw) said, «خَيْرُكُمْ خَيْرُكُمْ لِأَهْلِهِ، وَأَنَا خَيْرُكُمْ لِأَهْلِي» “The best of you is the one who is best to his wife, and I am the best of you to my wives.” [Tirmidhi]
As far as the third factor is concerned, Islam seeks to minimize the number of opportunities where a corrupt-minded person can overwhelm a potential victim. Thus, Islam prohibits non-Mahram men and women to be in seclusion together, such as on a deserted road while travelling, in a house in the absence of Mahram relatives, or in schools, universities or offices during work. Abdullah bin Abbas (ra) narrated that he heard the
Prophet (saw) say during a sermon, «لَا يَخْلُوَنَّ رَجُلٌ بامْرَأَةٍ إلَّا وَمعهَا ذُو مَحْرَمٍ» “No man can be in seclusion with a woman except in the presence of a Mahram.” [Sahih Mulsim]). Similarly, the Prophet (saw) also said, «لا يَحِلُّ لاِمْرَأَةٍ تُؤْمِنُ باللَّهِ وَالْيَومِ الآخِرِ، تُسَافِرُ مَسِيرَةَ يَومٍ وَلَيْلَةٍ إلَّا مع ذِي مَحْرَمٍ عَلَيْهَا» “It is not lawful for a woman believing in Allah and the Hereafter to undertake journey extending over a day and a night except when there is a Mahram with her.” [Sahih Muslim]). Furthermore, Islam also prohibits mixed gatherings of men and women without any valid Shar’i reason. Thus, non-Mahram men and women can interact with one another for educational or business purposes, but they are not allowed to spend time in each other’s company for enjoyment and recreational purposes.
People who subscribe to the Western liberal school of thought ignore the first two factors that lead to rape, and instead fixate only on the third factor. Furthermore, the solution that they propose to solve this issue contradicts with Islam’s concept of a family. They further argue that the solution to this problem is to ‘empower’ women by creating women-only organizations that strengthen women’s voices for their liberal rights and oppose the social system of rights and duties prescribed by Islam. In this way, this group of liberal thinkers strives to destroy societies, as they have already destroyed the Western society, by pitching half of the population against the other half. Despite many feminist movements, Westerns societies are still a hotbed of rape incidents. One must also note that rape incidents in Pakistan have significantly increased in the past few decades, despite a decline in the so-called male-dominance.
Rape is neither a mental affliction, which requires some sort of medical treatment, nor does it stem from a tendency to oppress and exert dominance. Instead, it is a consequence of the corrupt thoughts and social atmosphere within people regarding the society, a lack of piety and neglect by the state in its duty develop Islamic personalities. Once a person employs the wrong means to satisfy their sexual needs, they then continue to walk down that path.
It is also not correct to say that rape is only a consequence of women not following the Islamic code of dress, since women who do follow this dress code are also raped. However, one of the primary goals of Pakistan’s liberal capitalist class has been to give women and men the choice not to observe the proper Islamic dress code. Thus, these sick minded people use rape incidents involving women who follow the Islamic dress code to attack clear Islamic injunctions on this matter. The point to understand here is that Islam’s injunctions do not work in isolation. Therefore, the problem of rape will not be solved by only enforcing the Islamic dress code on women, nor will it be solved by only introducing the Islamic punishments for such crimes. In fact, introducing Islamic punishments within the current system, with its rampant objectification of women, will only give the impression that they cannot solve this problem and hence they are useless. This is because Islamic punishments alone do not free the society from all those factors leading to rape, for which Islam has given separate rules. Therefore, the demand of Islamic punishments alone is an incomplete demand. This problem will not be completely solved unless and until the Western liberal capitalist system is completely purged from our society and replaced with the Khilafah (Caliphate) on the Method of Prophethood, which implements Islam comprehensively in all spheres of life. This is the only way to develop a chaste and virtuous society, which will be a beacon of light for the rest of the world.
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Q&A: We Take Astronomical Calculations in Determining Prayer Times We Do Not Use Them to Determine the Start of Fasting and Eid
Answer to Question
We Take Astronomical Calculations in Determining Prayer Times
We Do Not Use Them to Determine the Start of Fasting and Eid
To Abu Al-Asim Ash-Shami
(Translated)Question:
Assalamu Alaikum Wa Rahmatullah Wa Barakatuh our dear Ameer. This question has been on my mind for a long time. I hope that it will be clarified by you. I ask Allah (swt) to grant you health and wellness and that Allah (swt) grant you His great conquest.
Why do we take astronomical calculations in determining the times of the five daily prayers throughout the year and do not take astronomical calculations in determining the start of fasting and Eid?
Answer:
We have previously issued an answer to such a question on 25/11/2003, it stated:
[- Allah (swt) requested that we fast and break the fast when sighting the new crescent moon, and Allah (swt) has made the sighting the reason for fasting and breaking the fast. «صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ» “Fast when you see it and break your fast when you see it.” If we see the crescent moon of Ramadan, we fast, and if we see the crescent moon of Shawwal, we break our fast.
– The one who studies the texts mentioned about fasting will find that they differ from the texts mentioned regarding the prayer, as fasting and breaking the fast have been linked to sighting:
«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ»
“Fast when you see it and break your fast when you see it”,
(فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْه)
“So whoever sights [the new moon of] the month, let him fast it” [Al-Baqara: 185]. The sighting is the decider. But the texts on prayer have been linked to time
(أَقِمِ الصَّلاَةَ لِدُلُوكِ الشَّمْسِ)
“Establish prayer at the decline of the sun [from its meridian]” [Al-Isra’: 78]
«إِذَا زَالَتِ الشَّمْسُ فَصَلَّوْا» “Pray when the sun passed the meridian.” The prayer is dependent on the time, so you pray as soon as you verify the time by whatever means. If you looked at the sun at the time of passing the meridian (zawal) or if you observe the shadow and see that all things have the same size of their shadow or like it, as stated in the Hadiths of prayer times, if you did that to verified the time, the prayer is valid. If you do not do that, but calculate it astronomically, and find out that time of the sun passing the meridian is such-and-such, and you look at your watch without going out to see the sun or the shade, your prayer is valid. i.e., that you verify the time using any means. Why? Because Allah (swt), asked you to pray when the time enters, and left you to verify its entry without specifying how to verify it. As for fasting, He (swt) asked you to fast by sighting (the moon), and He (swt) specified the reason for you, but above that, He said to you: If the clouds obscure the vision and you could not sight it, do not fast even if the crescent is located behind the clouds and you are certain of its presence by astronomical calculations.
«حَدَّثَنَا آدَمُ حَدَّثَنَا شُعْبَةُ حَدَّثَنَا مُحَمَّدُ بْنُ زِيَادٍ قَالَ سَمِعْتُ أَبَا هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ يَقُولُ: قَالَ النَّبِيُّ ﷺ أَوْ قَالَ قَالَ أَبُو الْقَاسِمِ ﷺ صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلَاثِينَ»
Adam told us, Shu’bs told us, Muhammad Bin Ziyad said: I heard Abu Huraira (ra) say: The Prophet (saw) or Abul-Qasim said, “Start fasting on seeing the crescent (of Ramadan), and give up fasting on seeing the crescent (of Shawwal), and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.” [Bukhari] That is, if you do not see it, then complete the thirty days of Sha’ban,
– Allah (swt) is the Creator of the universe, and He (swt) is the one who taught man what he did not know. The knowledge of the movement of the celestial bodies and their minutes is from Allah’s grace on people. But Allah (swt), did not ask us to adopt the astronomical calculation for fasting, rather He (swt) asked us to sight the moon, so we worship Him (swt) as He (swt) requested, and we do not worship Him (swt) as He did not request.
Thus, the sighting alone is the ruling on fasting and breaking the fast, not the astronomical calculation. Accordingly, we say that it is not permissible to adopt the astronomical calculations in the issue of fasting and breaking the fast, but rather to adopt sighting only because it is mentioned in the texts.]
Your Brother
Ata Bin Khalil Abu Al-Rashtah22 Sha’ban 1443 AH
25/3/2022 CEThe link to the answer from the Ameer’s Facebook page
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Q&A: What the Shari’ah Kept Silent About Them
Bismillah Al-Rahman Al-Raheem
Q&A: From Usul ul-Fiqh: What the Shari’ah Kept Silent About Them
(Translated)
To: Yahya Abu Zeinah
=========Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
May Allah protect you our sheikh, help you to carry the trust, and support you with His near victory, with His (swt) permission.
First of all, I apologize for the many questions you receive from me. But we learned from the Hizb to dig and search so that our idea remains strong and pure, by the power of Allah Almighty.
A question in the Usul ul-Fiqh (principles of jurisprudence) about “what the shari’ah kept silent about them”:
It came in the hadith, as in al-Tirmidhi, on the authority of Salman al-Farsi, that the Prophet (saw) said:
«الْحَلَالُ مَا أَحَلَّ اللَّهُ فِي كِتَابِهِ وَالْحَرَامُ مَا حَرَّمَ اللَّهُ فِي كِتَابِهِ وَمَا سَكَتَ عَنْهُ فَهُوَ مِمَّا عَفَا عَنْهُ»
“The lawful things are the ones mentioned in Allah’s (swt) Book as lawful and the unlawful things are the ones which are mentioned in Allah’s (swt) Book as unlawful, and whatever He (swt) was silent about, then it is a pardon.”
Can we understand the silence in the hadith as being silent about the legislation during the period of revelation, i.e., before the completion of the legislation and the revelation of the Almighty’s verse:
(الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الإِسْلاَمَ دِيناً)
“This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.” [al-Maida: 3]?
It is well known that there is no Shari’ before the coming of the Shari’, and the origin is the quittance from the (Shari’) responsibility. At the time of revelation, Muslims were in front of rulings that had been legislated and the Shariah expounded their ruling as being permissible (Halal) or forbidden (Haram), where a Muslim would perform these actions based on the legislation and he will be held accountable for them. And there are actions and things for which legislation had not yet been expounded until it (the legislation) was completed, and this is what the Messenger (saw) intended by saying,
«…وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“And what he was silent about is a pardon”, meaning was silent about its legislation. It is a pardon, that is, a Muslim is not held accountable for it, whether he performs or abstains from the action. The Prophet (saw) forbade asking and researching things about which no legislation was revealed so that Allah would not make it tight on Muslims because of the question.
As after the completion of the legislation and the revelation of the Almighty’s saying:
(الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الإِسْلاَمَ دِيناً)
“This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.” [al-Maida: 3]. Because the Sharia contains all the verdicts pertaining to things and actions, so there is no action or thing that does not have a verdict or a place of verdict. A Muslim must ask and search for the ruling on every action he wants to do, contrary to what the Muslims were doing at the time of revelation.
Our beloved Sheikh, is this considered a correct understanding? Knowing that I adopt what is found in our book, The Islamic Personality, Volume 3, and I do not stray at all from it, Allah willing.
Answer:
Wa Alaikum Assalam wa Rahmatu Allahi wa Barakatuh,
It seems that there is a paragraph about which you got confused, which is your statement in the question: (And there are actions and things for which legislation had not yet been expounded until it (the legislation) was completed, and this is what the Messenger (saw) intended by saying,
«…وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“And what he was silent about is a pardon,” meaning was silent about its legislation. It is a pardon, that is, a Muslim is not held accountable for it, whether he performs or abstains from the action. The Prophet (saw) forbade asking and researching things about which no legislation was revealed so that Allah would not make it tight on Muslims because of the question).
The phrase
«…وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“And what he was silent about is a pardon”, does not mean that its Shari’ ruling was not revealed, rather it means that this matter about which the Messenger (saw) remained silent is permissible [Halal], i.e. permissible [Mubah] if the matter is a thing, or obligatory [Fardh], recommended [Mandub], permissible [Mubah], and reprehensible [Makruh], if it is an action… We explained this in our answer to a similar question on the 20th Jumada al-Thani 1434 AH corresponding to 05/05/2013 CE, and I will mention to you below from the answer what is related to this issue:
[1. The relevant hadiths are:
A. What al-Tirmidhi narrated from Salman al-Farisi who said: The Prophet (saw) was asked about ghee, cheese and fur. He replied:
«الْحَلاَلُ مَا أَحَلَّ اللَّهُ فِي كِتَابِهِ، وَالْحَرَامُ مَا حَرَّمَ اللَّهُ فِي كِتَابِهِ، وَمَا سَكَتَ عَنْهُ فَهُوَ مِمَّا عَفَا عَنْهُ»
“The lawful things are the ones mentioned in Allah’s (Swt) book as lawful and the unlawful things are the ones which are mentioned in Allah’s (swt) book as unlawful, and whatever He (swt) was silent about, then it is a pardon.”
And in the narration of Abu Dawud through Ibn Abbas:
«فَبَعَثَ اللَّهُ تَعَالَى نَبِيَّهُ، ﷺ وَأَنْزَلَ كِتَابَهُ، وَأَحَلَّ حَلَالَهُ، وَحَرَّمَ حَرَامَهُ، فَمَا أَحَلَّ فَهُوَ حَلَالٌ، وَمَا حَرَّمَ فَهُوَ حَرَامٌ، وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“Then Allah sent His Prophet (saw) and sent down His Book, so he made the lawful lawful, and the prohibited prohibited; so what He made lawful is lawful, and what he made unlawful is unlawful, and what he was silent about is a pardon.”
B. And in al-Bayhaqi’s Al-Sunan al-Kubra through Tha’alaba (ra):
«إِنَّ اللهَ فَرَضَ فَرَائِضَ، فَلَا تُضَيِّعُوهَا، وَحَّدَ حُدُوداً، فَلَا تَعْتَدُوهَا، وَنَهَى عَنْ أَشْيَاءَ، فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رُخْصَةً لَكُمْ، لَيْسَ بِنِسْيَانٍ، فَلَا تَبْحَثُوا عَنْهَا»
“Verily Allah the Almighty has prescribed the obligatory deeds, so do not neglect them; He has set certain limits, so do not go beyond them; He has forbidden certain things, so do not indulge in them; and He has said nothing about certain things, as a permit for you, not out of forgetfulness, so do not go enquiring into these.”
C. Tirmidhi and Daraqutni’s hadith on the authority of Ali (ra): When this Ayah was revealed:
(وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطاعَ إِلَيْهِ سَبِيلاً)
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.” They said: “Every year, Oh Messenger of Allah (swt)?” He (saw) was silent, so they said: “Every year?” He said:
«لَا وَلَوْ قُلْتُ نَعَمْ لَوَجَبَتْ»
“No, and if I said yes then it would become obligatory” And Allah (swt) revealed:
(يا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.” To the end of the verse.
And in another narration by Daraqutni on the authority of Abu Hurayra, he said that Allah’s Messenger (saw) said:
«يَا أَيُّهَا النَّاسُ كُتِبَ عَلَيْكُمُ الْحَجُّ»
“O people, Allah has made the hajj obligatory for you.” A man got up and said, ‘Every year, Messenger of Allah?’ He turned away from him, then the man repeated and said “Every year Oh Messenger of Allah (swt)?” So he said:
«وَمَنِ الْقَائِلُ»؟ “
Who is that who asks?” So they said: “This person,”
and he said:
«وَالَّذِي نَفْسِي بِيَدِهِ لَوْ قُلْتُ نَعَمْ لَوَجَبَتْ وَلَوْ وَجَبَتْ مَا أَطَقْتُمُوهَا وَلَوْ لَمْ تُطِيقُوهَا لَكَفَرْتُمْ»
“By He who my soul is in his hand, if I had said yes then it would be obligatory and if it was obligatory then you would not handle it and if you were not able to handle it then you would disbelieve.”
So Allah (swt) revealed the Ayah,
(يَا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُم)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.”
2. Before delving into their meanings it would be good to refer to some necessary points:
A. The differentiation between “thing and action” is a question of Usul ul-fiqh [the foundations of Islamic Jurisprudence] and not a linguistic question. Otherwise, saying a thing would include the action, and as such classify the Hukm Shari’ as fard [obligatory], and wajib [obligatory], mandub [recommended], mubah [permissible], makruh [reprehensible], haram [prohibited], manthoor, and rukhsa [permit], ‘azeema, shart [condition], sabab [cause], mani’, sahih, fasid, batil… these are terms of Usul ul-fiqh, so if you opened a linguistic dictionary for their meanings you would not find the meaning according to the Usul ul-fiqh.
And these terms of the foundations of Islamic jurisprudence originated after the time of the Messenger (saw) and the Righteous Caliphs (Khulafaa’ ar-Rashideen), like the grammatical terminology (subject and object)… so if we look in a linguistic dictionary we would find its meaning different from the #conventional grammatical meaning.
B. Therefore, if you read a hadith of the Messenger (saw) or his companions (ra) and find the word “thing” or the word “subject”, that does not mean the same in conventional terminology, so one must study it to see its correct significance where it falls: Is it a linguistic reality, or a special custom “convention”, or a Shar’i reality.
C. If the question is about particular phrases, and the answer was general independent of the question, then the generality is in the topic of the question that the answer addresses, and not specific to the phrases that are found in the question, for example the Sahih hadith that Tirmidhi related through Abu Sayeed al-Khudri, he said: It was said: Oh the Messenger of Allah (saw), Can we perform ablution out of the well of Buda’ah…? So, the Messenger (saw) said:
«إِنَّ المَاءَ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ»
“Water is pure and is not defiled by anything.”
So here the Messenger (saw) was asked about the well of Buda’ah, but the answer was independent of the well of Buda’ah, and the well of Buda’ah was not mentioned in it, only
«إِنَّ المَاءَ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ»
“Water is pure and is not defiled by anything.”
So, the generality is applied to the purification with water whether it is from the well of Buda’ah or from any well, and it cannot be said that the topic of generalization is the well of Buda’ah, instead it can be said that the answer is general and about its topic that is taken from the answer and not from the question, in other words it is taken from
«إِنَّ المَاءَ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ»
“Water is pure and is not defiled by anything.” and not from “the well of Buda’ah”, or the topic is purification with water, and the topic is not the well of Buda’ah…
3. And now we will answer your questions:
a. Tirmidhi’s hadith: The Messenger (saw) was asked about ghee, cheese, and fur, so he said:
«الْحَلاَلُ مَا أَحَلَّ اللَّهُ فِي كِتَابِهِ، وَالْحَرَامُ مَا حَرَّمَ اللَّهُ فِي كِتَابِهِ، وَمَا سَكَتَ عَنْهُ فَهُوَ مِمَّا عَفَا عَنْهُ»
“The lawful things are the ones mentioned in Allah’s (swt) Book as lawful and the unlawful things are the ones which are mentioned in Allah’s (swt) Book as unlawful, and whatever He (swt) was silent about, then it is a pardon.” And in the narration of Abu Dawud:
«…وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“And what he was silent about is a pardon.”
So what is followed
“وَمَا سَكَتَ عَنْهُ…”
“whatever He (swt) was silent about” returns to the last part that is followed which is
“وَالْحَرَامُ مَا حَرَّمَ اللَّهُ فِي كِتَابِهِ”
“and the unlawful things are the ones which are mentioned in Allah’s (swt) Book as unlawful”, or that what he was silent about is a pardon from the haram, and is halal.
The generalization here is in its topic, but because the answer is more general than the question and independent of it then the topic is taken from the answer and not from the question, and therefore it includes everything that is halal or haram whether it is in regards to ghee and cheese and fur or a matter that falls under halal or under haram. This applies to everything that falls under “thing or action” according to the conventional_meaning, because if it applies to a thing, then halal here means “permissible”, and if it is applies to an action, then halal here is what is not haram, in other words what is “fard, mandub, mubah, makruh.”
b. Al-Bayhaqi’s hadith through Abu Tha’alaba (ra):
«… وَنَهَى عَنْ أَشْيَاءَ، فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رُخْصَةً لَكُمْ، لَيْسَ بِنِسْيَانٍ، فَلَا تَبْحَثُوا عَنْهَا»
“…He has forbidden certain things, so do not indulge in them; and He has said nothing about certain things, as a permit for you, not out of forgetfulness, so do not go enquiring into these.”
In this hadith are three matters:
The first:
“سَكَتَ عَنْ أَشْيَاءَ”
“He has said nothing about certain things.” And “things” here is not according to the conventional meaning, as in something other than an action, instead it includes actions, for example in the blessed Ayah:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَسْأَلُوا عَنْ أَشْيَاءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ وَإِنْ تَسْأَلُوا عَنْهَا حِينَ يُنَزَّلُ الْقُرْآنُ تُبْدَ لَكُمْ عَفَا اللَّهُ عَنْهَا وَاللَّهُ غَفُورٌ حَلِيمٌ﴾
“O you who have believed, do not ask about things which, if they are shown to you, will distress you. But if you ask about them while the Qur’an is being revealed, they will be shown to you. Allah has pardoned that which is past; and Allah is Forgiving and Forbearing.” And what was asked about was “the action of Hajj”. It is mentioned in the Tafsir of Qurtubi (330/6):
(Tirmidhi and al-Darqatni’s hadith on the authority of Ali (ra) who said: When this Ayah:
﴿وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطاعَ إِلَيْهِ سَبِيلاً﴾
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.” Was revealed they said: Oh Messenger of Allah, every year? So he was silent, so they said: Every year? He said:
«لَا وَلَوْ قُلْتُ نَعَمْ لَوَجَبَتْ»
“No, and if I said yes then it would become obligatory.” So Allah (swt) revealed the Ayah:
(يا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.” To the end of the verse.
And in another narration by Daraqutni on the authority of Abu Hurayra, he said that Allah’s Messenger (saw) said:
«يَا أَيُّهَا النَّاسُ كُتِبَ عَلَيْكُمُ الْحَجُّ»
“O people, Allah has made the hajj obligatory for you.” A man stood up and said, ‘Every year, Messenger of Allah?’ He turned away from him, then the man repeated and said, “Every year Oh Messenger of Allah (swt)?” So he said:
«وَمَنِ الْقَائِلُ»
“Who is that who asks” So they said: This person, he said:
«وَالَّذِي نَفْسِي بِيَدِهِ لَوْ قُلْتُ نَعَمْ لَوَجَبَتْ وَلَوْ وَجَبَتْ مَا أَطَقْتُمُوهَا وَلَوْ لَمْ تُطِيقُوهَا لَكَفَرْتُمْ»
“By He who my soul is in his hand, if I had said yes then it would be obligatory and if it was obligatory then you would not handle it and if you were not able to handle it then you would disbelieve” So Allah revealed the Ayah:
(يَا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُم)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.”) End.
And it is clear that what was asked about was Hajj, and it is an “action”, and the Aya about “things” was applied to it.
And the second:
“وسكت عن أشياء رخصة لكم”
“He has said nothing about certain things, as a permit for you”. And this followed
“وسكت…”
“He has said nothing…” Is returned to the nearest, followed on
“وَنَهَى عَنْ أَشْيَاءَ، فَلَا تَنْتَهِكُوهَا”
“He has forbidden certain things, so do not indulge in them”. In other words the permit is from the definitive forbidding “haram” rather than “indulge in them”, or what he was silent about was a permit for what is haram, so it is halal. If what was asked about it was a thing by conventional meaning, then it applies and then halal here is permissibility, and if what was asked about was an action by conventional meaning, then this applies and the halal here would be what is not haram, or what is “fard, mandub, mubah, and makruh..”
Third:
“فلا تبحثوا عنها”
“So do not go enquiring into these” It is connected to the followed
“وسكت عن أشياء”
“He has said nothing about certain things” On the followed by
“وَنَهَى عَنْ أَشْيَاءَ، فَلَا تَنْتَهِكُوهَا”
“He has forbidden certain things, so do not indulge in them”. Meaning it is halal, so do not look for its prohibition, and it does not mean to not look for its #judgment in terms of fard or mandub… because the meaning of the hadith is that what was silent about is halal, so do not look for its prohibition out of fear that it will be made haram because of your asking about it, as was mentioned in Bukhari’s hadith: On the authority of Sa’ad bin Abu Waqqas, that the Messenger (saw) said:
«إِنَّ أَعْظَمَ المُسْلِمِينَ جُرْمًا، مَنْ سَأَلَ عَنْ شَيْءٍ لَمْ يُحَرَّمْ، فَحُرِّمَ مِنْ أَجْلِ مَسْأَلَتِهِ»
“The most sinful person among the Muslims is the one who asked about something which had not been prohibited, but was prohibited because of his asking.”
…. 25th Jumada II 1434 AH corresponding to 05.05.2013].
It is clear from the foregoing that the silence of the Messenger (saw) does not mean the absence of legislation, but rather it means permissibility (ibaha), if the matter is related to a thing, and it means that it is Fardh, Mandub, Mubah, or Makruh, if the matter is related to an action, meaning that the silence of the Messenger (saw) is legislation as shown above. As for the prohibition on questioning, it is the case when the Messenger (saw) is asked about something and he answers or remains silent. If he answers than it means he expounded the hukm expressly, and if he does not answer or remains silent than it means that he has expounded that that thing or action its hukm is that it is halal. What is forbidden is to repeat and reiterate the question while the Prophet (saw) had answered it or remained silent about it.
This does not mean that a Muslim does not inquire about a thing or action that he does not know… It came in the book of The Islamic Personality (Shakhsiyah Islamiya) Volume Three: (There is No Hukm Prior to the Coming of the Revelation) the following: because the established (rule) in the Qur’an and Hadith for the lack of knowledge is inquiring about the hukm and not the cessation and absence of the hukm. The Exalted says,
(فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ)
“Ask those of Knowledge if you know not” [Al-Anbiya’: 7]; and the saying of the Messenger (saw) in the hadith of tayammum, narrated by Abu Dawud from Jabir,
«أَلاَ سَأَلُوا إِذْ لَمْ يَعْلَمُوا فَإِنَّمَا شِفَاءُ الْعِيِّ السُّؤَالُ»
“Don’t they ask when they do not know, for the only cure of ignorance is to ask.” This indicates that the ‘asl is not cessation and the absence of the hukm. Therefore, it is after the advent of a Messenger that it that the hukm becomes for the shari’ and there is no hukm prior to the coming of the shar’, so the hukm depends on the coming of the shar’, that is, on the presence of a shar’i evidence for a single issue. Thus no hukm can be given except on the basis of an evidence, just as no hukm can be given except after the coming of the shari’. The ‘asl, then, is to search for the hukm in the shar’, that is, the ‘asl is to search for the shar’i evidence for a shar’i hukm from the shar’.)
Therefore, it is forbidden for a Muslim to ask about an issue in which the Messenger (saw) has expounded its ruling and not to be satisfied by that, but to go too far in the question. So, if he (saw) says Haj is obligatory, one should not ask how many times? And if he is asked about a matter and the Messenger (saw) attached it to something else whose ruling is known, i.e. that it is permissible, then he must adhere to that and not ask again (Could it be an obligation?) or other such details, especially at the time of revelation, so he makes it hard on himself, and then Allah (swt) may make it hard him, as in the noble verse:
(يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَسْأَلُوا عَنْ أَشْيَاءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ وَإِنْ تَسْأَلُوا عَنْهَا حِينَ يُنَزَّلُ الْقُرْآنُ تُبْدَ لَكُمْ عَفَا اللَّهُ عَنْهَا وَاللَّهُ غَفُورٌ حَلِيمٌ)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you. But if you ask about them while the Qur’an is being revealed, they will be shown to you. Allah has pardoned that which is past; and Allah is Forgiving and Forbearing.”
– It came in Sunan al-Tirmidhi, when this Ayah was revealed:
(وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطاعَ إِلَيْهِ سَبِيلاً)
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.” Was revealed they said: Oh Messenger of Allah, every year? So he was silent, so they said: Every year? He said:
«لَا وَلَوْ قُلْتُ نَعَمْ لَوَجَبَتْ»
“No, and if I said yes then it would become obligatory.” So Allah (swt) revealed the Ayah:
(يا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.” He said: in the chapter, from Ibn Abbas and Abu Huraira, Abu Issa said the narration of Ali is Hasan and Gharib in this way.
– And it came in Sahih Ibn Hibban that Abu Hurairah mentioned that the Messenger of God, peace and blessings be upon him, delivered a sermon and said: The Messenger of Allah addressed the people and said:
«يَا أَيُّهَا النَّاسُ إِنَّ اللَّهَ قَدِ افْتَرَضَ عَلَيْكُمُ الْحَجَّ»
“Allah, the Mighty and Sublime, has enjoined upon you Hajj.” A man said: ‘Every year?’ He remained silent until he had repeated it three times.
Then he said:
«لَوْ قُلْتُ: نَعَمْ، لَوَجَبَتْ، وَلَوْ وَجَبَتْ مَا قُمْتُمْ بِهَا، ذَرُونِي مَا تَرَكْتُكُمْ، فَإِنَّمَا هَلَكَ الَّذِينَ قَبْلَكُمْ بِكَثْرَةِ سُؤَالِهِمْ، وَاخْتِلَافِهِمْ عَلَى أَنْبِيَائِهِمْ، فَإِذَا نَهَيْتُكُمْ عَنْ شَيْءِ فَاجْتَنِبُوهُ، وَإِذَا أَمَرْتُكُمْ بِشَيْءٍ، فَأْتُوا مِنْهُ مَا اسْتَطَعْتُمْ»
“If I said yes, it would be obligatory, and if it were obligatory you would not be able to do it. Leave me alone so long as I have left you alone. Those who came before you were destroyed because they asked too many questions and differed with their prophets.
If I command you to do something then follow it as much as you can, and if I forbid you to do something then avoid it.”
It was narrated by Ahmad in his Musnad and Al-Hakim in Al-Mustadrak, Al-Daraqutni and others…
Thus, Muslims should not be like Jews, who when they were told to slaughter a cow, they inquired about the characteristics and conditions of the cow. So, its characteristics were made hard for them, and had they in the beginning slaughtered any cow, that would have sufficed.
According to Al-Tabari: [The say in the interpretation of Allah (swt) saying:
(وَإِذْ قَالَ مُوسَى لِقَوْمِهِ إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تَذْبَحُوا بَقَرَةً قَالُوا أَتَتَّخِذُنَا هُزُواً قَالَ أَعُوذُ بِاللَّهِ أَنْ أَكُونَ مِنَ الْجَاهِلِينَ)
“And [recall] when Moses said to his people, “Indeed, Allah commands you to slaughter a cow.” They said, “Do you take us in ridicule?” He said, “I seek refuge in Allah from being among the ignorant.”” [Al-Baqara: 67] The cause of Moses’ saying to them:
(إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تَذْبَحُوا بَقَرَةً)
“Allah commands you to slaughter a cow”, what Muhammad bin Abdul-A’laa told us, he said, Al-Mu`tamar bin Suleiman told us, he said, I heard Ayoub, on the authority of Muhammad bin Sirin, on the authority of Ubaidah, he said: There was among the children of Israel a childless man (…) and one of his relatives killed him, and then carried him away and dumped him with a tribe which was not his own. He said: malice set in between the two tribes to the point where they took up arms.
He said: Then those who were reasonable said: Do you kill each other while the Messenger of Allah is among you? He said: So, they came to Allah’s Prophet, and he said: sacrifice a cow! They said: do you take us in ridicule? He said:
(أَعُوذُ بِاللَّهِ أَنْ أَكُونَ مِنَ الْجَاهِلِينَ * قَالُواْ ادْعُ لَنَا رَبَّكَ يُبَيِّن لّنَا مَا هِيَ قَالَ إِنَّهُ يَقُولُ إِنَّهَا بَقَرَةٌ)
, “I seek refuge in Allah from being among the ignorant. They said, “Call upon your Lord to make clear to us what it is.” [Moses] said, “[Allah] says, ‘It is a cow” [Al-Baqara: 67-68], up to His (swt) saying:
(فَذَبَحُوهَا وَمَا كَادُواْ يَفْعَلُونَ)
“So they slaughtered her, but they could hardly do it.” [Al-Baqara: 71] He said: So, the (corpse) was smitten, and he told them who his killer was. He said: The cow was only acquired for its weight in gold, and if they had acquired an inferior cow, it would been sufficient for them. After that no murderer was ever appointed as an heir…
He said: If when the people were commanded to sacrifice a cow, they had taken one of the cows without giving it any thought and slaughtered it, it would have been that one. And if the people had not made an exception and said:
(وَإِنَّآ إِن شَاء اللَّهُ لَمُهْتَدُونَ)
“And indeed we, if Allah wills, will be guided.” [Al-Baqara: 70] they would never have been guided to it…]
Thus, misplaced excessive questioning is forbidden.
I hope that this is sufficient, and Allah Knows Best and is Most Wise.
Your brother,”
Ata Bin Khalil Abu Al-Rashtah11th Rabii’ I 1443 AH
18/10/2021 CE -
Leaving Ramadan, What are Our Duties as Muslims?
Starting Ramadan, we enter wholeheartedly excited to enter in the Mercy of Allah and seeking forgiveness for all shortcomings and coming out of Ramadan cleansed from the sins and feelings of ill will, etc.
As we leave Ramadan with a heavy heart, we are also leaving it with a clean slate and a renewed sense of energy and taqwa.
Awareness and mindful actions based on the Islamic concepts that even though our Nafs may desire the Dunya and its temptations …we remain adherent to the Straight Path, bi’thinallah.
So how can we protect our Nafs and prevent ourselves from idleness (inaction/laziness), so that we meet the coming months with a strong resolve?
Let us start with the example of the first martyr in Islam Sumaya (ra), the mother of Yassir bin Ammar, in her deep conviction of belief and firmness in front of the heads of Kufr in Makkah, who spat on Abu Jahl when she refused to denounce Islam. Her strength serves as a lesson in upright deeply rooted conviction in La illaha illa Allah Muhammad Rasool Allah. From here we focus on our priorities where we worship Allah (swt) as if we see Him before our eyes in our every movement.
Islam as an ideology is welcoming to the heart and addresses the mind answering all the fundamental questions and this evident in the high numbers of people reverting to Islam throughout the world. Therefore we as Muslims need to realize that time is of the essence and to “profit” from making the best of this in the best way possible to make the circle larger. Therefore the first step is how to realise this aim is to step away from deliberate distractions.
What are the distractions? And how do we know we are affected by them?
Distractions may come in the form of love for the Dunya; running after the material leisure only to pant after more and more as it becomes an unquenchable thirst. Another distraction may be when one becomes unable to perceive or sense the reward of the Jannah or the Punishment of the Hellfire; the distance from the spiritual believing atmosphere. Another distraction is the despair from the Mercy of Allah.
Since everyone is held accountable to Allah and that we as Muslims are up against the Kufr where the Kuffar spend immeasurable amounts of time, energy, and money to minimize or remove the threat of Islam therefore this should give more motive to the Muslim taking lessons from the past prophets (as) and the Sahabah (ra) on how to resist and persevere on the spread of Islam and the reestablishment of the Islamic State. Driving us to be braver and more confident than ever before in the thoughts of Hizb ut Tahrir that are taken from the Aqeedah propelling us to the frontlines.
Sometimes it is necessary to change one’s environment especially for our children, this may include selecting the best of companions in order to be able to resist negative peer pressures and to prevent them from shying from their Muslim identities and non-normal activities like the carrying out the dawah and enriching their minds and personalities instead of wasting time on mindless things like screen addiction, following celebrity culture, or thoughtless un-Islamic activities that may harm the mind or body. Culturing the mind and feeding the Nafsiya requires time, self-motivation and constant follow up on behalf of the parents. This is not an easy task especially when the reward is Eternal Jannah.
Despair is something to be rejected. We are not to despair if one doesn’t sense the results immediately or what is sometimes called the “delay of the Nasr (victory)”. To dispel this saying, we need to reject this wholeheartedly …because we do not know the “expiration date” or the appointment for it be considered delayed. However this arose from the criticism of others of the Hizb ut Tahrir methodology and those who judge the Hizb dawah carriers. The Messenger ﷺ gave us the amanah (trust). The Messenger ﷺ said, «أَلا فَلْيُبَلِّغِ الشَّاهِدُ مِنْكُمُ الْغَائِبَ ، فَرُبَّ مُبَلَّغٍ أَوْعَى مِنْ سَامِعٍ» “So it is incumbent upon those who are present to convey it (this information) to those who are absent because the informed one might comprehend it (what I have said) better than the present audience, who will convey it to him.” Thus due to the numerous concrete evidences of the promise of Allah’s victory and the glad tidings of the Prophet ﷺ, we must fully reject this notion of “delayed nusrah” and instead point out the evidences that call for responsibility in carrying out the obligation of establishing Islam as a system.
On the authority of Anas, a man asked the Prophet ﷺ about the Hour (i.e. Day of Judgment) saying, “When will the Hour be?” The Prophet ﷺ said, «وَمَاذَا أَعْدَدْتَ لَهَا» “What have you prepared for it?” So here lies the wisdom, what are we doing in preparation for the Khilafah and the Day of Judgment and not the issue of the time as this is solely in the hands of Allah, the Most Wise and the Manager of All Affairs.
It is important that we don’t fall into the trap of the broken spirit or into procrastination, sadness, or depression. We need only to look at the example of the Prophet ﷺ when he felt exhausted and afraid in Taif yet he ﷺ was confident in Allah (swt) that victory is imminent and did not question his mission. He ﷺ strengthened his nafsiya with the dua and prayer. Allah (swt) says, فَإِمَّا يَأْتِيَنَّكُم مِّنِّي هُدًى فَمَنِ اتَّبَعَ هُدَايَ فَلَا يَضِلُّ وَلَا يَشْقَىٰ “When My guidance comes to you, those who follow it will not go astray nor will they endure any misery” [Ta-Ha: 123].
We as Muslims especially as dawah carriers must treat time as a fragile fleeting matter because we will be held accountable for our time and how we spent it and what did we to prepare for our Afterlife. Our Ajl is not in our hands with the knowledge of its expiration, as death knows no boundaries from time or health or age. It is a gift from Allah (swt) that we are blessed with another day and night to try to achieve the pleasure of the Creator and the aim of establishing the system of Islam through the establishment of the Khilafah Rashidah (rightly guided Caliphate) on the method of the Prophethood.
In summary, it is vital that we carry the renewed sense of energy with us after Ramadan for the following months with a clear purpose for our lives in establishing the crown of all obligations to remove the severe hardships and hellish oppressions from our Ummah and ourselves as if we lose our identity and purpose indeed we are lost in the Dunya and the Akhira. Holding onto the Quran as our source of strength and guidance and taking the Prophet Muhammad ﷺ and the other prophets (as) as our motivation, we are able to go out into our communities calling for the restoration of Islam with an unwavering resolve spreading the awareness that there is an alternative to the corruption around us and it is written that Islam will prevail as Allah promise is the Truth. Let us stamp out the idleness and hopelessness that has only sunk the Ummah deeper in regression and procrastination and take the responsibility head on and taking our rightful place…at the frontlines. Here lies the success.
وَكُلًّا نَّقُصُّ عَلَيْكَ مِنْ أَنبَاءِ الرُّسُلِ مَا نُثَبِّتُ بِهِ فُؤَادَكَ وَجَاءَكَ فِي هَـٰذِهِ الْحَقُّ وَمَوْعِظَةٌ وَذِكْرَىٰ لِلْمُؤْمِنِينَ
“(Muhammad), We tell you all the stories of the Messengers which will strengthen your heart. In the Quran We have revealed the Truth to you with good advice and reminders for the faithful ones.” [Hud: 120]
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Q&A: The Mind (‘Aql), Comprehension (Idrak) or Thought (Fikr)
Answer to Question
The Mind (‘Aql), Comprehension (Idrak) or Thought (Fikr)
To: Atmani Atmani Atmani
(Translated)Question:
Assalamu Alaikum Our honorable Sheikh: what is the difference between previous opinion and previous information in the thinking method. Noting that thought (fikr), comprehension (idrak), or mind (‘aql)do not occur except with the four elements: the sensation, the reality, the previous information and the brain capable of linking. What is the difference between the previous opinions and the previous information in interpreting the reality?
Answer:
Wa Alaikum Assalam wa Rahmatu Allahi wa Barakatuh,
1- As mentioned in the question, the mind (‘aql), comprehension (idrak), or thought (fikr) is the transferring of the sensation of the reality by the senses to the brain together with previous information by which this reality is interpreted. That is, the intellectual process is not completed until the four elements exist: the reality, the sensation of the reality (the senses), the appropriate brain to relate/connect (rabt), and the previous information about the reality or related to that reality …
2- In order for thinking to exist in people on this earth, Allah Almighty has provided Adam, peace be upon him, with previous information that explains the current realities on earth under study. It is stated in the book of The Islamic Personality Vol. III:
[As for the saying of Allah Ta’ala:
[وَعَلَّمَ آدَمَ الْأَسْمَاءَ كُلَّهَا]
“And He taught Adam all the name” [Al-Baqarah: 31], the meaning of this is the named things not the languages, i.e. He taught him the realities of the things and their qualities, it means He gave him the information that he uses to judge the things, because feeling the reality is not sufficient by itself to judge the thing and perceiving its reality, but it is inevitable to have previous information by which the reality is explained. So, Allah Ta’ala had taught Adam the names i.e. the named things, so He gave him information by which he can judge the things that he feels…] End.
3- And then ideas arose and followed from the first thought that occurred by Allah providing to Adam with the previous information, and then he used it to explain the reality of the thing under study with the other two elements present with him (the brain and the senses), and life continued to be full of broad areas of thought … Thus, the correct perception of how the first rational process took place in man will inevitably lead to belief in Allah (swt), and therefore the disbelieving movements that deny the existence of the Creator define the mind or thought by dropping the previous information! Although thinking about reality cannot take place without the presence of previous information that explains the reality, and this is known by necessity, but the disbelieving movements, such as the Communists, deny the previous information so as not to lead them to believe in the Creator, who provided Adam, peace be upon him, with previous information to establish the first thought in this life and then the thinking process followed. This is because the sensation of reality with the brain does not produce a thought without the previous information to explain the reality in question. The sensation of reality and a sensation plus a sensation plus a million sensations, regardless of the multiplicity of the type the sensations, only produces sensation, and no thought occurs at all. Rather, a person must have previous information by means of which he explains the reality he sensed in order for a thought to occur, and then the succession of thoughts, especially the first thought, leads to belief in Allah who provided Adam, peace be upon him, with the previous information …
4- This is with regard to the previous information. As for the previous opinions, they are judgments on reality that were previously issued by a person, either by his conducting the intellectual process and his judgment on reality, or by receiving those judgments from others throughinstruction or reading … etc., the previous opinions are thoughts about reality.
5- Thus, the difference between previous information and previous opinions can be summed up in two main differences:
Firstly: The previous opinions are the previous thoughts of a person that are a judgment on the reality under study, in whole or in part. As for the previous information, it is what can be used to explain reality without judging it, but only to interpret it, and it is one of the factors of thinking without which thinking is not done.
Secondly: The previous opinion is a pre-judgment about the reality that we want to think about, in order to find the right judgment in the opinion of the thinker, it is not right to be used in the rational process. What is used is only the previous information, thus preventing the presence and intervention of an opinion at the time of the thinking process. If the previous opinion (about the reality) was used it might cause error in the comprehension, because it might dominate over the information, leading to its misinterpretation, and thus error occurs in the comprehension. Therefore, it is necessary to notice the differentiation between the previous opinion and the previous information; where only the, information is used to exclusion of the opinion about the reality to be examined… It was mentioned in the book, Thinking (at-Tafkeer), p 21-3 (In the definition of the rational method (of thinking), a differentiation should be made between the previous opinions we hold about a matter and the previous information about it or that pertaining to it. In the rational method, it is inevitable that no opinion or opinions exist about the reality, rather what is necessary is the presence of previous information about it or related to it. So what should inevitably exist is the information and not the opinion….).
6- The following are two examples to clarify the aforementioned:
a- For example, if a book in the ancient Syriac language was given to someone who has no previous information about the Syriac language, and all his senses were made to fall on the book, by sight and touch, and this was repeated a million times, he still would not be able to understand a single word of the book unless he is given the relevant information about the Syriac language. Thereafter, he will start thinking and understanding… It is not correct to say this is specific to languages; and they are invented by man, hence they need information about them. This is because the subject matter is a rational process, and the operation is a process of the mind, whether in issuing a judgment, or in understanding a meaning or in understanding the truth (Haqeeqah). So, the rational process is the same in everything. …
b- If you want to discuss a political issue in order to get the right opinion about it, let it be, for example, the issue of Turkey’s interference in the events in Libya, sending mercenary fighters and supporting al-Sarraj and the reconciliation government with weapons and information … and there was a previous opinion that Erdogan’s support for the reconciliation government forces is because of his love for Muslims and his concern for the people of Libya and because he supports the armed Islamic movements and provides them with support … etc., this opinion is a judgment on the issue that you want to discuss and not just previous information about it, and the validity of the research requires you to abandon this previous opinion and study the issue within the available political evidence objectively… and then you reach the right opinion on the issue.
I hope this clarification will suffice, and Allah is Most Wise and He Knows Best.
Your brother,
Ata Bin Khalil Abu Al-Rashtah04th Ramadan 1442 AH
16/04/2021 CEThe link to the answer from the Ameer’s Facebook page.
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Ramadan is the Perfect Time for Restoration and Revival
Work in a dawah carrier’s life is intense and continuous. The dawn of realisation is not the destination, but actually it is the beginning of a long and often rough journey, though for the slaves of Allah every hardship is a milestone on the road to success. Ramadan is the perfect time to revive the sick soul and to carry out a survey of oneself and the world. As all the Muslims of the world are living under some form of kufr and are surrounded by un-Islamic norms and values which are difficult to fight at the individual level, the duty of a dawah carrier is not just to protect his own faith but to speak up and highlight the issues that are a hindrance in living the life of a Muslim.
The problems that we face today are no different from the problems of the earliest Muslims, of being abandoned by their own people, being labelled as insane or fanatics, facing social and economic restrictions, being persecuted and being tortured. What we need to see is that in history the persecution started with our beloved Prophet Muhammad ﷺ and his people coming out and proclaiming their faith, and such is the situation for the Dawah carrier of today. As soon as we follow the command of “Arise and Warn”, challenges start to pour in. If we challenge any action of the state we’ll see the same reactions as of the authorities of Makkah. Muslims of today are allowed to get the worldly benefits as long as they keep their faith to themselves, and that too if they remember that mentioning or displaying it in public is considered extremism. We have Muslims living directly under the oppressive non-Muslim regimes like China, where performing of basic worshipping acts like fasting and praying is a crime or we have Muslims living under western liberal system where their faith is enough to pronounce them a terrorist. Then we have Muslims living in so-called Muslim countries and still not being able to live a life that Islam demands and then being persecuted for asking for it. We also have our Muslim brothers and sisters who have been victims of war either because they have oil or they have some strategic importance for the material grabbing vultures. Muslim refugees from around the world trying to flee from their war trodden homes. Their only crime is their faith and for them it’s either brutal death or humiliating life in the refugee camps. In all these situations first impact of trying to be a practicing Muslim is of “cutting down of options and opportunities”. From the early education to the job opportunities, social adjustments and everyday living, challenges wait everywhere. Even if the truth you speak touches the hearts of the others, fear of authorities and the consequences of challenging them is too strong for the people to join hands. If the legacy of cruelty of Ummayah Bin Khalf continues in so many forms today, we need to keep the strength of Bilal (ra) alive as it wasn’t the tyranny that won, but the persistence of Bilal and the help of another Muslim, Abu Bakr Siddiq (ra), that saved Bilal and many others.
For revival along with the patience of Bilal, generosity of Abu Bakr and steadfastness of Sumayya (ra) we also need the Bravery of Umar Farooq, whose real test started after he embraced Islam and carried on with the flag of Muhammad and expanded it around the world as Caliph. The challenge for today’s brave man is to recognise his real strength and to know that being a soldier of Islam is very different from fighting someone else’s war. Revival also demands the loyalty and trust of Ali bin Abi Talib. Umar bin Abdul Aziz is an example of how, by sticking to the basis of Islam, we can revive it even if all the odds are against us. The example of Sultan Abdul Hamid II is of how, like a true Captain of the ship, he not only delayed the sinking but also sailed smooth for some time and made it difficult for the enemy to destroy.
Headed by the Islamic State, the Muslim Ummah was a huge body, and it took a lot of malice and power to bring it down. It demands equal energy and alertness to rise up again, but once it has risen, it will inshaAllah shake the world and bring justice to it. As Ramadan is the month of extra reward we also must try to put extra effort to bring this change about. That implies that we must carry the Dawah with even more persistence and enthusiasm than in the rest of the year. وَلَـنَبۡلُوَنَّكُمۡ بِشَىۡءٍ مِّنَ الۡخَـوۡفِ وَالۡجُـوۡعِ وَنَقۡصٍ مِّنَ الۡاَمۡوَالِ وَالۡاَنۡفُسِ وَالثَّمَرٰتِؕ وَبَشِّرِ الصّٰبِرِيۡنَۙ “Be sure we shall test you with something of fear and hunger, some loss in goods or lives or the fruits (of your toil), but give glad tidings to those who patiently persevere.” [Surah Al-Baqara: 155]
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Q&A: Difference Between Da’wah and Work
Answer to Question
Difference Between Da’wah and Work
To: Fahmi Burhan
(Translated)Question:
Assalamu Alaykom Wa Rahmatullah Wa Barakatuhu,
I would like to enquire about the meanings of “Da’wah” and “work” please.
The author mentioned in the book, Structuring of a Party: “We believe that the only true philosophy for revival is an ideology (Mabdaa’) that encompasses both the idea and the method. This ideology is Islam because it is an Aqeedah (doctrine) from which emanates a system governing all the affairs of the State and the Ummah, and a solution to all of life’s problems. Although Islam is a universal system, it is not part of its method to start working on a universal scale towards its implementation. Islam should be propagated universally while working to implement it must be confined to one or several countries until it becomes firmly established. Once established, the Islamic State would naturally grow until it encompasses all the Islamic countries…etc.”
I understood from this text that there is a difference between Da’wah and work, as if they had a special term for the Hizb. And that is where he said that it is the way of Islam not to operate globally, but rather that it must be called universally from the beginning. And the author also said in another place in the book The Party Alliance: The weather turns hot and cold on it, the winds blow over it and the winds blow over it, and the weather alternates with clear and cloudy weather. The process of advocacy and work from a party bloc to an integrated principled party … etc.
Hizb ut Tahrir also mentioned in the book, “The Starting Point: Therefore, the Da’wah must be done through the Hizb and in the name of the Hizb, i.e. the Da’wah is for Islam, and the work is for the resumption of the Islamic way of life, but the one who carries the Islamic Da’wah and works for the resumption of the Islamic way of life is Hizb ut Tahrir.”
So my question is:
1. Does Hizb ut Tahrir have a special concept/understanding on “Da’wah” and “work”?
2. And is there a difference between “Da’wah” and “work”?
May Allah reward you immensely with the establishment of the Islamic Khilafah. Please forgive me if I misunderstood the texts and I ask you to kindly correct me if I misunderstood them. May Allah bring His victory soon, and only then will the believers rejoice.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuhu,
Yes, there is a difference in the context you are enquiring about in the book, Concepts of Hizb ut Tahrir, between “Da’wah to Islam” and “working for Islam”, Da’wah to Islam means carrying, delivering and explaining its ideas, as for “working for Islam”, it means working for its practical implementation in life, state and society.
The method to do so is by establishing a political party who carries Islam by working in a region or multiple regions for the sake of changing its society, implementing the State and take ruling… then carry the Da’wah through the State to unite the Muslim lands and spread and implement Islam in the whole world… this difference is outlined in the Structuring of a Party, in the paragraph you provided and in the paragraphs that follow, as follows:
“We believe that the only true philosophy for revival is an ideology (Mabdaa’) that encompasses both the idea and the method. This ideology is Islam because it is an Aqeedah (doctrine) from which emanates a system governing all the affairs of the State and the Ummah, and a solution to all of life’s problems. Although Islam is a universal system, it is not part of its method to start working on a universal scale towards its implementation.
Islam should be propagated universally while working to implement it must be confined to one or several countries until it becomes firmly established. Once established, the Islamic State would naturally grow until it encompasses all the Islamic countries. Then the state would propagate Islam to the rest of the world, because the Islamic State must convey the Islamic da’wah as an eternal and universal message for all mankind, as this is its message and an immortal universal humanitarian message.” Ends.
Also, the book Concepts of Hizb ut Tahrir further explains this matter:
[In order that the action be productive it is necessary to define the place where to commence the action, and the people with which the work is to be started. Indeed Islam is universal and views to all humanity and humans as being equal. In the Da’awa it gives no weight to the difference of environment, situation and place etc. Islam considers all mankind having the ability to embrace the da’awa, and it considers Muslims responsible for carrying this da’awa to all of mankind. But, despite this, the initiation to carry Islam does not start globally, for if such a start is undertaken it will fail and will not lead to any result. Instead, it should start with the individual, and end with the world. Therefore, the da’awa should be carried in a place where it has the potential to be well established and becomes the starting point. This place, or any other place where the da’awa was established is then considered as a launching point from which the da’awa will proceed on its course. This place or other places, are then considered as the established point in which the state will be established. The da’awa being well established in this will then proceed in its natural way: the way of jihad.] Quote from the book Ends.
Thus, the difference between “Da’wah to Islam” being a global system that is fit to be carried and called for and delivered to people everywhere in the world, and between “working for Islam” by limiting the place of potential to one or more countries in the world, in order to change society in it and establish the state that rules by Islam and carries it to the world through Da’wah and jihad.
I hope the matter has been clarified.
Your brother,
Ata Bin Khalil Abu Al-Rashtah21st Rajab al-Khair 1442 AH
05/03/2021 CEThe link to the answer from the Ameer’s Facebook page
