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  • Trump’s Insistence on OPEC, Especially on Saudi Arabia, to Increase Production and Reduce Oil Prices

    بسم الله الرحمن الرحيم

    Answer to Question
    Trump’s Insistence on OPEC, Especially on Saudi Arabia, to Increase Production and Reduce Oil Prices
    (Translated)

    Question: On the 2nd of October, 2018, during the mid-term election rally in the constituency of Mississippi, Trump has threatened Saudi Arabia and showed his supporters that he was dealing with high oil prices: “…And how about our military deals where we protect rich nations and we don’t get reimbursed, how about that stuff “meaning oil”? That is changing too folks…We protect Saudi Arabia. Would you say they’re rich? And I love the King, King Salman. But I said ‘King — we’re protecting you — you might not be there for two weeks without us — you have to pay for your military.” (Khaleej Online, 03/10/2018).

    My question is not why the rulers of Saudi Arabia remain silent on this insult, rather they remain obedient to America, it is because they are small in their own eyes, and so they grew accustomed to humiliation. But my question is what makes Trump pursue Saudi Arabia aggressively to increase production to reduce the prices; even though America is the largest producer and can control the price reduction alone? So why is he insisting on escalating this now? And finally, why, despite all this American pressure the price of oil has not decreased? And may Allah reward you with the good.

    Answer: Yes, you said the truth, the one who is humiliated is accustomed to humiliation, Trump’s statements about the rulers of Saudi Arabia are enough to destroy the relations with America, if not above that, but that is if they were ashamed of Allah, His Messenger and the believers, but they are not ashamed, and the truthful Messenger of Allah (saw) said:«إِنَّ مِمَّا أَدْرَكَ النَّاسُ مِنْ كَلَامِ النُّبُوَّةِ إِذَا لَمْ تَسْتَحْيِ فَاصْنَعْ مَا شِئْتَ»“Verily, from what was learnt by the people from the speech of the earliest prophecy is: If you feel no shame, then do as you wish.”[Al-Bukhari]

    As for the answer to your question or questions, it is as follows:

    1. When Donald Trump took office in January 2017, oil prices were around $57 a barrel. By June 2017, oil prices had fallen to $45 a barrel, but have since continued to rise. Today, the price of oil is $86 on Brent crude and some analysts expect oil prices to reach $100 a barrel!

    On 5/7/2018, Trump wrote on Twitter“The OPEC Monopoly must remember that gas prices are up & they are doing little to help. If anything, they are driving prices higher as the United States defends many of their members (i.e. OPEC members) for very little $’s. This (relationship) must be a two way street (i.e we support you in return for a low oil price)…REDUCE PRICING NOW!” Before that on 30th of June 2018 he said in a tweet: “Just spoke to King Salman of Saudi Arabia and explained to him that, because of the turmoil & disfunction in Iran and Venezuela, I am asking that Saudi Arabia increase oil production, maybe up to 2,000,000 barrels, to make up the difference… Prices to high! He has agreed!” (Al-Hura: 30/6/2018)

    On 25/9/20/2018 the President of the United States of America attacked OPEC in his speech in the UN General Assembly and said:“OPEC and OPEC nations are, as usual, ripping off the rest of the world, and I don’t like it. Nobody should like it. We defend many of these nations for nothing, and then they take advantage of us by giving us high oil prices…we want them to start lowering prices… We are not going to put up with it, these horrible prices, much longer. (Sputnik, September 25, 2018), and on 27/9/2018, Trump wrote on Twitter “We protect the countries of the Middle East, they would not be safe for very long without us, and yet they continue to push for higher and higher oil prices! We will remember. The OPEC monopoly must get prices down now!

    As it states in the answer to a question on 2/10/2018 in the mid-term election rally in the constituency of Mississippi, Trump has threatened Saudi Arabia and showed his supporters that he was dealing with high oil prices: “…And how about our military deals where we protect rich nations and we don’t get reimbursed, how about that stuff “meaning oil”?  That is changing too folks…We protect Saudi Arabia. Would you say they’re rich. And I love the King, King Salman. But I said ‘King — we’re protecting you — you might not be there for two weeks without us — you have to pay for your military.” (Khaleej Online, 03/10/2018).

    All this means that Trump is interested, in the current conditions, in increasing production, but from OPEC, especially from Saudi Arabia.

    2. Yes, America is the largest producer, according to the US Energy Information Administration (EIA), the US agency that collects energy statistics. At the end of 2017, the EIA published a timetable for world oil production, which was then 95 million barrels per day. According to the table, the seven largest producing countries are as follows:

    The United States: 14.46 million barrels per day of the total world production, Saudi Arabia: 12.08 million, Russia: 11.18 million, Canada: 4.87 million, Iran: 4.67 million, Iraq: 4.48 million, China: 4.45 million.

    America remains the largest oil producer in the world, followed by Saudi Arabia and Russia

    3 – And yes, America can increase production as it wishes, especially when it has a large stock of shale oil, but there is something that stops it from resorting to it:

    a -To Maintain its Stock and Reserves

    b – There are Ruwaibidha (base vile rulers) who implement its order even if they are insulted in this matter. They even implement this while it is harmful to them, as it is with the rulers of Saudi Arabia!! America is asking Saudi Arabia to reduce oil prices to provide its people the lowest prices after the price of Brent crude reached global benchmark of almost $ 80 a barrel in the ninth month of this year. “On 14/9/2018 global benchmark of Brent crude oil increased to become $ 78.21 a barrel, the highest rise since 22/5/2018″… (Reuters 14/9/2018). Note that “OPEC production rose to 32.79 million barrels per day. Saudi Arabia, which had promised a calculated increase in its production, said that the decision will translate into an increase in production by about one million barrels per day” (Reuters, 31/8/2018). “When Brent crude was heading towards $80 a barrel, Saudi Arabia informed the market of an increase in its production last month earlier than the date on which such information was usually disclosed,” quoted from the source.

    The Saudi regime is a strong American agent and in its service. Saudi Arabia has always played a pivotal role in stabilizing the oil market …  Saudi Arabia, needs high oil prices at this time, as its economy is under severe economic pressure since the oil price collapse in 2014. Especially since oil is the main revenue source in Saudi Arabia’s budget. It is common knowledge that in countries where oil revenues account for more than half of their revenues, they need oil prices above $ 80 a barrel to balance their budget – enough oil revenue to cover the budget expenditure – how is it then when Saudi Arabia’s budget is totally based on the oil revenues? The suitable price is above $ 80, even around $ 100 to balance its budget, and develop its economy, since it is now unstable.  However, its ruler agrees to increase production to lower prices, regardless of the harm done to the country to satisfy Trump, who publicly insulted the Saudi ruler, that had it not been for America, his throne would have collapsed!! They ignore this and their crown prince says that Saudi Arabia is ready to compensate for the Iranian shortage! Bloomberg News reported on 6/10/2018 statements of the Saudi crown prince Bin Salman: He insisted that Saudi Arabia has kept its promise to make up for lost Iranian crude supplies,” and he said: “Saudi Arabia is now pumping about 10.7 million barrels a day — close to a record — and can add a further 1.3 million if the market needs that…”

    As long as there is an agent of America who is willing to harm himself to achieve Trump’s desire of increasing production, why then should America use its reserves?

    4- Why is this insistence by Trump on OPEC, and especially Saudi Arabia to increase production and reduce prices? It is because there are two things that constitute an urgent dilemma for Trump that he needs to be solved quickly, otherwise Trump is not affected by the prices increase … America can absorb the increase by printing new dollars, as it did when the previous oil prices rose to about $150. We issued previously in the Answer to a Question on 16/5/2009: that America can print banknotes, with the approval of the International Monetary Fund or in secret, “even publicly” without its consent, as it has the effective influence in the Fund, and can show false reasons and hide the truth of the matter, and it can get the Fund’s support! But the printing of banknotes in this way leads to a devaluation of the dollar, and inflation, i.e. increase in prices. This is why America does not take this step unless it has vested interest. For example, it is reported that America printed between “2 trillion – 4 trillion” during the oil speculation, which caused the price increase to nearly $ 150 a barrel, “and America was not far from that speculation”. America printed these notes to buy the largest quantity of oil directly or indirectly to add it to its stock, it saw it as an interest above the high prices and the decline of the dollar …”but because it takes time to arrange the production of this “scenario”! And because the two issues need a quick solution or else Trump will fall in trouble as we mentioned earlier. Thus, Trump was furious with OPEC, and especially with Saudi Arabia … These are the two dilemmas:

    The first: the subject of sanctions on Iran:

    Iran is the third largest producer of crude oil in OPEC after Saudi Arabia and Iraq, its production is around 4 million barrels per day of crude oil. The sanctions will lead to a shortage of Iranian oil exports, especially in November, when sanctions are increasing including Iran as well as oil importers from Iran. America has asked companies to cut down on Iranian oil imports first, and then to cancel their contracts with Iran next November, which could lead to a reduction in Iranian exports. But Saudi Arabia can increase oil production if necessary, meaning it is prepared to compensate for the shortage of Iranian supply. Saudi Crown Prince Mohammad bin Salman said: “We export as much as two barrels for any barrel that disappeared from Iran recently,” the prince said. “So we did our job and more.” Saudi Arabia is now pumping about 10.7 million barrels a day — close to a record — and can add a further 1.3 million if the market needs that,” (https://www.akhbarak.net, 08/10/2018).

    On 4/11/ 2018, the United States plans to step up sanctions against Iran, targeting oil exports and pressuring governments and companies around the world to comply and reduce purchases from Iran. This means that the supply of oil will fall in the global market. As the statement of the seven largest oil producing countries mentioned above, Iran was producing more than 4 million barrels of oil per day “and this has now declined.” Half of the oil is produced, China and India and Turkey, receives from it nearly 2 million barrels. Trump expects the sanctions measures will remove these two million. America wants to compensate it through Saudi Arabia and other OPEC countries to compensate for the expected shortfall, so that America can address the issue of Iran away from Europe, Russia and China after announcing its withdrawal on 8/5/2018 from the nuclear agreement signed three years ago with these countries. It offers an agreement with Iran alone. The US president has announced his readiness to hold such an agreement, but the conditions must be created within Iran. This may take time … Trump wants to compensate for this shortfall until he can arrange an agreement between America and Iran without involving Europe, if the shortage remains without compensation and then prices rose, this will put him in trouble. Because he built the sanctions on the grounds that the lack of Iranian oil as a result of the sanctions will be compensated by his threats to OPEC, especially Saudi Arabia … In other words, America wants to address the issue of shortage of oil supplies and ensure that it does not rise until these problems are solved with Iran, because this may not be fast.

     Thus, Trump insists on OPEC and primarily Saudi Arabia to compensate for the Iranian supply shortage, which will be evident on 4/11/2018, in addition to the shortfall caused by the sanctions on 21/05/2018 imposed by Trump on Venezuela, even if it is less influential. Its current production is 1.5 million oil barrels per day.

    The second is the American elections:

    Rising oil prices creates a problem for Donald Trump, who will run the mid-term elections in November. High oil prices will keep his supporters in office, especially as most opinion polls show that the Democrats will control the House. To show the US voter that he puts America first, he puts the blame and pressure on Saudi Arabia and OPEC members to increase production. At the same time, The Trump administration is forcing China, India and Turkey to break ties with Iran and look for crude oil elsewhere. Rising oil prices also affect how much US consumers pay for petrol. With the US mid-term elections, this will not be a winning factor. The American people are sensitive to the rise in fuel prices, and cannot accept that their government is going to raise oil prices, so President Trump is blaming high prices on the Gulf States and OPEC and attacks them to show the American people that he is defending his interests and is able to pressure Saudi Arabia and OPEC to reduce the price. He is interested in lowering the price, especially in the US election period. This is necessary today for the US president and his Republican party’s need to get the votes of the American voters in the November 6th, 2018 mid-term elections, especially as opinion polls give preference to Democrats.

    5- Why do oil prices continue to rise despite the threat of Trump and its pressure and the response of Saudi Arabia? The reason is that there are other parties in OPEC that follow Europe and in conflict with America, and there is Russia also, and these parties, especially those linked to Europe, are not easy to respond to America except to the extent that does not achieve Trump’s ambitions as quickly as he wants it. Saudi Arabia is America’s main instrument within OPEC, but there are others in OPEC with certain interests, including those who follow large European countries, and may not obey America easily, as well as there are partner countries of OPEC as a Russia with certain interests. America cannot fully impose its will.

    In an attempt to lower prices, the president asked for increased production. However, OPEC and its producer allies did not reach an agreement in their meeting in Algeria on 23/9/2018 on an additional increase in oil production, contrary to Trump’s call.

     As for Russia, America succeeded in 2017, and until today to use Saudi Arabia to pressure Russia and embarrass it and respond to it in increasing production and then reduce prices … For the first time a Saudi king visits Russia to attend a meeting in October, 2017 between OPEC and non-OPEC members, especially Russia, In October 2017, king Salman visited Russia and attended the OPEC meeting. Oil prices then began to stabilize above $ 60 a barrel before rising since mid-year of 2018, as discussed earlier. However, Saudi Arabia and Russia struggled to meet the requirements of 2 million barrels per day requested by Trump. In fact, independent analysts as well as the International Energy Agency (IEA) suspect that Saudi Arabia and Russia could add 2 million barrels a day. The International Energy Agency (IEA), a Paris-based group representing consumer country, recently estimated what it called “short-order supplies” from the Middle East, including Saudi Arabia, at 1.14 million bpd.

    Russia could add up to 400,000 barrels a day, analysts say. In the end, under constant pressure from the United States, Saudi Arabia reached a secret agreement with Russia in September to boost oil production. “The agreement asserts that Russia and Saudi Arabia are increasingly deciding on oil production policies before consulting other OPEC members,” the sources said that Saudi Energy Minister Khalid al-Falih and his Russian counterpart Alexander Novak agreed during a series of meetings on lifting The production from September to December, with the price of crude oil at about $ 80 a barrel. The source said: “The Russians and Saudis agreed to increase oil pumping to the market quietly, so as not to appear to be acting on the orders of Trump by pumping more Oil.” Another source said:” The Saudi minister told the US Secretary of Energy Rick Perry that Saudi Arabia will increase production if its customers demand more oil.” (www.reuters.com).

    But perhaps one wonders why does Russia join America to curb high oil prices, even though high oil prices are in Russia’s interest? To answer this question, the scrutiny of this fact shows that Russia supports the price of oil at $65 a barrel, because this is the price of the balance of the Russian oil industry, high prices will make many importing countries unable to afford to buy it eventually leading to a collapse in the demand side, which would harm the Russian oil industry.

    In any case, Russia is not a big risk in this equation, but what really affect this equation is the pro-European OPEC members. It is not easy to implement what Trump is asking for except with greater pressure … However, prices are unlikely to rise to 100, since importing countries cannot handle it, and the demand will fall and then the rise stops and falls… Trump is interested in reducing prices during the election period and its annexes, i.e. by the end of the year when it is not unlikely that the subject of the nuclear agreement would have begun to move towards a new bilateral Iranian-American agreement without Europe, and America’s pressure on increasing production will end and so prices will revolve around $80 a barrel …

    What is painful is that foreign forces use the resources of the Muslim world to play games against each other, while our rulers the Ruwaibidha are blindly following these policies and without any respect for the dignity of the Ummah. Note that most of the world’s oil reserves are stored in the Islamic lands, whether in the Arab countries, Iran, in Africa, like Nigeria or Central Asia such as Kazakhstan, Turkmenistan or the Caucasus, like in Azerbaijan, but the country’s oil imports do not belong to its people, most of whom suffer poverty and destitution. The rulers, their families and their entourage plunder it and smuggle the money abroad. When America asked Saudi Arabia last year during Trump’s visit to Saudi Arabia on 21/5/2017, the sum of 460 billion dollars the Saud family were ready to meet his demand and pay the amount. Therefore, Muslims are not saved from this tragic situation except by the guided Khalifah (Caliph) like Al-Farouq, Omar Ibn al-Khattab who distributes wealth to people fairly, and starts with the poorest people and ends with the Khalifah (Caliph), who is the last to take and eat. The Prophet, the truthful (saw) said:

    «كُلُّكُمْ رَاعٍ وَكُلُّكُمْ مَسْئُولٌ عَنْ رَعِيَّتِهِ الْإِمَامُ رَاعٍ وَمَسْئُولٌ عَنْ رَعِيَّتِهِ»

    “Each of you is a shepherd and each of you is responsible for his flock. The amir (ruler) who is over the people is a shepherd and is responsible for his flock “[Bukhari]

    He who deceives his people, his torment is severe as the Prophet (saw) said in the Hadith narrated by At-Tabarani in Al-Kabeer:

    «مَا مِنْ عَبْدٍ يَسْتَرْعِيهِ اللَّهُ رَعِيَّةً، يَمُوتُ يَوْمَ يَمُوتُ غَاشّاً لِرَعِيَّتِهِ إِلا حَرَّمَ اللَّهُ عَلَيْهِ الْجَنَّةَ»

    “There is no person whom Allah has put in a position of authority and he dies on the day he dies cheating those under his authority, but Allah will forbid Paradise for him.”

    These are the Ruwaibidha rulers; little do they think and comprehend!

    11 Safar Al-Khair 1440 AH

    20/10/2018 CE

  • An examination of the issue of An-Nasr (victory)

    The following is the translation of an Arabic article.

    An-Nasr (victory) in its literal linguistic meaning is the assistance or help provided against another and according to the Shar’a meaning it means the assistance or help of Allah ‘Azza Wa Jalla provided to his believing slaves against other than them from the disbelievers or against those who aggress against them or oppress them from amongst the Muslims. It is from the concepts of the Islamic Aqeedah. Indeed, it is from the most important of these concepts because of the great impact it has upon the one who believes in it. That is because the one who believes in the Nasr (victory) of Allah ‘Azza Wa Jalla, makes him undertake acts which are difficult for him to surmount had it not been for his Imaan (belief) in the concept of victory.

    At the same time the concept of Nasr is considered to disclose or reveal the condition of the Ummah, the army and the group, because these three are not met by defeat at all if they fulfill the condition of Allah. That means that it is possible to pass judgment upon them in respect to them definitely being upon good as long as they continue to be victorious and not in a condition of defeat. As such the concept of Nasr has to functions: The motivation to surmount or breach the difficulties and to reveal the condition (of an entity) in respect to its soundness or well-being (on one hand), or its corruption (on the other).

    The concept of Nasr is from the concepts of sensitivity which much be understood completely as it is. That is because any intellectual perception for it which the person constructs himself without a Daleel, would make him subject to Fitnah. That could be for example when a particular Zaid from among the people is convinced of the Ummah’s victory whilst she is in a condition of corruption, and then the opposite occurs, leading perhaps to him being exposed to Fitnah in respect to his Deen.

    The Nasr does not come from other than Allah alone. He Ta’Aalaa said:

    وَمَا جَعَلَهُ اللَّـهُ إِلَّا بُشْرَىٰ لَكُمْ وَلِتَطْمَئِنَّ قُلُوبُكُم بِهِ ۗ وَمَا النَّصْرُ إِلَّا مِنْ عِندِ اللَّـهِ الْعَزِيزِ الْحَكِيمِ

    And Allah made it not except as [a sign of] good tidings for you and to reassure your hearts thereby. And victory is not except from Allah, the Exalted in Might, the Wise (Aali ‘Imraan: 126).

    And Allah Ta’Aalaa said:

    وَمَا جَعَلَهُ اللَّـهُ إِلَّا بُشْرَىٰ وَلِتَطْمَئِنَّ بِهِ قُلُوبُكُمْ ۚ وَمَا النَّصْرُ إِلَّا مِنْ عِندِ اللَّـهِ ۚ إِنَّ اللَّـهَ عَزِيزٌ حَكِيمٌ

    And Allah made it not but good tidings and so that your hearts would be assured thereby. And victory is not but from Allah. Indeed, Allah is Exalted in Might and Wise (Al-Anfaal: 10).

    And He Ta’Aalaa said:

    قُلِ اللَّـهُمَّ مَالِكَ الْمُلْكِ تُؤْتِي الْمُلْكَ مَن تَشَاءُ وَتَنزِعُ الْمُلْكَ مِمَّن تَشَاءُ وَتُعِزُّ مَن تَشَاءُ وَتُذِلُّ مَن تَشَاءُ ۖ بِيَدِكَ الْخَيْرُ ۖ إِنَّكَ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ

    Say, “O Allah, Owner of Sovereignty, You give sovereignty to whom You will and You take sovereignty away from whom You will. You honour whom You will and You humble whom You will. In Your hand is [all] good. Indeed, You are over all things competent (Aali ‘Imraan: 26).

    Therefore, these Aayaat and those like them are Qat’iyah (definite) in their indicated meaning that the Nasr (victory) is from Allah alone, and this is a matter in which there is no room for debate.

    The victory can be for the Ummah, Jamaa’aat, the army and the individual. From among its manifestations for the Ummah is security, prosperity, honour and protection. Allah Ta’Aalaa said:

    لَقَدْ كَانَ لِسَبَإٍ فِي مَسْكَنِهِمْ آيَةٌ ۖ جَنَّتَانِ عَن يَمِينٍ وَشِمَالٍ ۖ كُلُوا مِن رِّزْقِ رَبِّكُمْ وَاشْكُرُوا لَهُ ۚ بَلْدَةٌ طَيِّبَةٌ وَرَبٌّ غَفُورٌ

    There was for [the tribe of] Saba’ in their dwelling place a sign: two [fields of] gardens on the right and on the left. [They were told], “Eat from the provisions of your Lord and be grateful to Him. A good land [have you], and a forgiving Lord” (Saba’: 15).

    And He Ta’Aalaa said:

    وَلَوْ أَنَّ أَهْلَ الْقُرَىٰ آمَنُوا وَاتَّقَوْا لَفَتَحْنَا عَلَيْهِم بَرَكَاتٍ مِّنَ السَّمَاءِ وَالْأَرْضِ وَلَـٰكِن كَذَّبُوا فَأَخَذْنَاهُم بِمَا كَانُوا يَكْسِبُونَ

    And if only the people of the cities had believed and feared Allah, We would have opened upon them blessings from the heaven and the earth; but they denied [the messengers], so We seized them for what they were earning (Al-A’araaf: 96).

    From among its manifestations for the Jamaa’aat is the provision of refuge, consolidation, security, support of the people and living after constraint or hardship. Allah Ta’Aalaa said:

    وَاذْكُرُوا إِذْ أَنتُمْ قَلِيلٌ مُّسْتَضْعَفُونَ فِي الْأَرْضِ تَخَافُونَ أَن يَتَخَطَّفَكُمُ النَّاسُ فَآوَاكُمْ وَأَيَّدَكُم بِنَصْرِهِ وَرَزَقَكُم مِّنَ الطَّيِّبَاتِ لَعَلَّكُمْ تَشْكُرُونَ

    And remember when you were few and oppressed in the land, fearing that people might abduct you, but He sheltered you, supported you with His victory, and provided you with good things – that you might be grateful (Al-Anfaal: 26).

    And He Ta’Aalaa said:

    وَعَدَ اللَّـهُ الَّذِينَ آمَنُوا مِنكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُمْ فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِن قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَىٰ لَهُمْ وَلَيُبَدِّلَنَّهُم مِّن بَعْدِ خَوْفِهِمْ أَمْنًا ۚ يَعْبُدُونَنِي لَا يُشْرِكُونَ بِي شَيْئًا

    Allah has promised those who have believed among you and done righteous deeds that He will surely grant them succession [to authority] upon the earth just as He granted it to those before them and that He will surely establish for them [therein] their religion which He has preferred for them and that He will surely substitute for them, after their fear, security, [for] they worship Me, not associating anything with Me (An-Noor: 55).

    And from its manifested forms in respect to the army, is prevailing over and defeating the enemy when meeting them in battle. Allah Ta’Aalaa said:

    كَم مِّن فِئَةٍ قَلِيلَةٍ غَلَبَتْ فِئَةً كَثِيرَةً بِإِذْنِ اللَّـهِ

    How many a small company has overcome a large company by permission of Allah (Al-Baqarah: 249).

    And He Ta’Aalaa said:

    فَإِن يَكُن مِّنكُم مِّائَةٌ صَابِرَةٌ يَغْلِبُوا مِائَتَيْنِ ۚ وَإِن يَكُن مِّنكُمْ أَلْفٌ يَغْلِبُوا أَلْفَيْنِ بِإِذْنِ اللَّـهِ

    So if there are from you one hundred [who are] steadfast, they will overcome two hundred. And if there are among you a thousand, they will overcome two thousand by permission of Allah (Al-Anfaal: 66).

    From its manifested forms in relation to the individual, is his prevailing over oppression against him and being saved from his enemy. Allah Ta’Aalaa said:

    وَكَذَٰلِكَ مَكَّنَّا لِيُوسُفَ فِي الْأَرْضِ يَتَبَوَّأُ مِنْهَا حَيْثُ يَشَاءُ ۚ نُصِيبُ بِرَحْمَتِنَا مَن نَّشَاءُ ۖ وَلَا نُضِيعُ أَجْرَ الْمُحْسِنِينَ

    And thus We established Yousuf in the land to settle therein wherever he willed. We touch with Our mercy whom We will, and We do not allow to be lost the reward of those who do good (Yousuf: 56).

    However, the individual could be tried and put to test by way of defeat and not be supported against the one who oppresses him, to make his rewards and recompense for that in the hereafter. Allah Ta’Aalaa said:

    وَمَن قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا فَلَا يُسْرِف فِّي الْقَتْلِ ۖ إِنَّهُ كَانَ مَنصُورًا

    And whoever is killed unjustly – We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law] (Al-Israa’: 33).

    The Imaan and undertaking the best action represents a cause from which arises the Nasr from Him inevitably, and it does not lag behind with the Ummah, the army and the Jamaa’aat, whilst it represents a Shart (condition) for the individual and not a Sabab (cause), as explained above.

    As for why the Imaan and the best action represents a cause from which arises the Nasr from him inevitably, then that is because Allah ‘Azza Wa Jalla said:

    يَا أَيُّهَا الَّذِينَ آمَنُوا إِن تَنصُرُوا اللَّـهَ يَنصُرْكُمْ وَيُثَبِّتْ أَقْدَامَكُمْ

    O you who have believed, if you support Allah, He will support you and plant firmly your feet (Muhammad: 7).

    And He Ta’Aalaa said:

    إِن يَنصُرْكُمُ اللَّـهُ فَلَا غَالِبَ لَكُمْ

    If Allah should aid you, no one can overcome you (Aali ‘Imraan: 160).

    And He says Subhaanahu:

    وَكَانَ حَقًّا عَلَيْنَا نَصْرُ الْمُؤْمِنِينَ

    … And incumbent upon Us is the provision of support (Nasr) to the believers (Ar-Room: 47).

    And:

    وَلَقَدْ سَبَقَتْ كَلِمَتُنَا لِعِبَادِنَا الْمُرْسَلِينَ ﴿١٧١﴾ إِنَّهُمْ لَهُمُ الْمَنصُورُونَ

    And Our word has already preceded for Our servants, the Messengers. [That] indeed, they would be those given victory (As-Saaffaat: 172-173).

    These Aayaat and those similar to them represent an explicit text indicating that Allah ‘Azza Wa Jalla gives support or victory to those who support him from the nations, and the support of the servants of Allah, as is known, is only by Imaan and the best actions, i.e. by adherence to that which emanates from the Islamic Aqeedah in terms of Ahkaam, following Imaan. The Nasr (victory or support) of Allah to them is only manifested in one of the previous forms or all of them.

    The indicating meaning of the texts that the victory (Nasr) of Allah for the Ummah, army or group undertaking work, is Qat’iyah (definite) and not Zhanniyah (indefinite), and there is nothing within them which indicates linguistically to the possibility of the Nasr not coming. They include the promise of Allah ‘Azza Wa Jalla, and the promise of Allah absolutely never falls back from being delivered or fulfilled. The promise is to the one who fulfilled the condition (Shart) of Allah Ta’Aalaa and not to his children or his children’s children. That is because if it did not come to him himself, then that would lead to making the promise of Allah hold no value to anyone who is addressed, which is impossible, as this clearly represents the linguistic indication.

    The meaning of this speech is that any Ummah which fulfils the condition that Allah has stipulated upon it, He will grant it Nasr inevitably. And consequently, any Ummah which is not victorious or supported (Mansoorah), then the meaning of that is that it is not fulfilling the condition which Allah Ta’Aalaa had stipulated upon it. The Ummah’s fulfilment of the Shart (condition) of Allah Ta’Aalaa dictates its Nasr and the Nasr of its army; indeed, the Nasr (victory) of the Jamaa’ah working within the Ummah. However, the defeat of the army in a battle or the group not reaching or accomplishing its objective, does not necessarily mean the defeat of the Ummah if it was compliant to the command of Allah ‘Azza Wa Jalla.

    That is because the Muslims were defeated at the battle of Uhud but the Ummah was not defeated, their army was defeated at Mu’tah but the Ummah was not, and the Mu’tazilah failed but the Ummah was not defeated. The Ummah has lived this reality throughout its history and victory was its ally in every age and good was in it most of the time. And it also lived the opposite to it when it became distanced from Islaam. The defeat did not stay back from her when the Sharr (evil and bad) was prevalent amongst her and this matter is manifested in the Mantooq (explicit expressed meaning) of the Qawl of Allah Ta’Aalaa:

    إِن تَنصُرُوا اللَّـهَ يَنصُرْكُمْ

    If you support Allah, He will support you (Muhammad: 7).

    In addition to the Mafhoom (implicitly understood meaning) of the same Aayah which is that: “If you do not support Allah, He will not support you”.

    It is true that Allah ‘Azza Wa Jalla says:

    نَبْلُوكُم بِالشَّرِّ وَالْخَيْرِ فِتْنَةً ۖ وَإِلَيْنَا تُرْجَعُونَ

    And We test you with evil and with good as trial; and to Us you will be returned (Mu’minoon: 35).

    If this speech is taken upon its generality, then it can be understood to mean that Allah ‘Azza Wa Jalla tests the people by defeat whilst they are upon good as a Fitnah (trial) for them. However, this is not compatible here in respect to the issue of Nasr with the Ummah, but rather only applies upon individuals. That is because there is not one single text in which Allah has returned the defeat to the trial and being tested alone, as Allah has returned all of the defeats of the Muslims to spuriousness (or faults) in respect to the Muslims.

    The fact that Allah ‘Azza Wa Jalla, explained the reason or cause for the defeat and addressed it represents a definite evidence (Daleel Qat’iy) for the correctness of what the Muslims believe, in respect to the victory (Nasr) being their ally or that it must always be their ally. As such, if the issue of the trial and being tested was possible, then the defeat would not have needed an explanation in respect to its cause. If, for the sake of argument, we were to suppose the possibility of the occurrence of the trial and test in relation to defeat in relation to the case of the Ummah, then a characteristic of the trial (Al-Ibtilaa’) is that it is extraneous and not permanent; temporary and not continuous. However, when we see generations being born, living and dying upon defeat, then that definitely is not reflective of a trial (Ibtilaa’) but rather a punishment that the people deserve.

    It may be that there is nothing more clear and evident in Islaam than this issue. Look at the His Qawl Ta’Aalaa:

     أَوَلَمَّا أَصَابَتْكُم مُّصِيبَةٌ قَدْ أَصَبْتُم مِّثْلَيْهَا قُلْتُمْ أَنَّىٰ هَـٰذَا ۖ قُلْ هُوَ مِنْ عِندِ أَنفُسِكُمْ ۗ إِنَّ اللَّـهَ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ

    Why [is it that] when a [single] disaster struck you [on the day of Uhud], although you had struck [the enemy in the battle of Badr] with one twice as great, you said, “From where is this?” Say, “It is from yourselves”. Indeed, Allah is over all things competent (Aali ‘Imraan: 165).

    The Muslims were astonished by the defeat and couldn’t comprehend it. They asked how could defeat afflict them whilst they were fighting in the way of Allah and promised with His victory? And then Allah’s answer came to them: “Say: It is from yourselves” and that was due to the archers violating the command of the Messenger of Allah ﷺ. Allah did not condemn them due to their belief that victory would be attained or their belief that His victory was for them at their hands. He made the defeat return to the flaw within them as its cause, whilst He did not mention to them a matter named “Al-Ibtilaa’” (trial or test) in a situation or context that was in the utmost need of such an explanation.

    And look at His Qawl Ta’Aalaa:

    لَقَدْ نَصَرَكُمُ اللَّـهُ فِي مَوَاطِنَ كَثِيرَةٍ ۙ وَيَوْمَ حُنَيْنٍ ۙ إِذْ أَعْجَبَتْكُمْ كَثْرَتُكُمْ فَلَمْ تُغْنِ عَنكُمْ شَيْئًا وَضَاقَتْ عَلَيْكُمُ الْأَرْضُ بِمَا رَحُبَتْ ثُمَّ وَلَّيْتُم مُّدْبِرِينَ

    Allah has already given you victory in many places and [even] on the day of Hunain, when your great number pleased you, but it did not avail you at all, and the earth was confining for you with its vastness; then you turned back, fleeing (At-Taubah: 25).

    Allah Ta’Aalaa mentioned the victory he provided to the Muslims on many occasions or places, at the beginning of the Aayah, so as to make clear to them the correctness of Allah being their Naasir (the one who provides victory) and that He had realised His promise to them upon the ground reality, so that there doesn’t remain the least amount of doubt within them in respect to the promise of Allah. He then explained to them the reason for the defeat at the beginning of the battle (of Hunain) was only due to their statement: “We will never be defeated today due to having a small number” and so they had Tawakkaul (reliance) upon their ownselves and werer heedless, and if only for a moment, from their reliance upon Allah, a matter which went against the conditions of the attainment of Allah’s victory, and as such they were defeated at the beginning of the matter (i.e. battle of Hunain).

    And it is clear that Allah ‘Azza Wa Jalla returned their defeat to the fault within them whilst He ‘Azza Wa Jalla did not mention the matter of the Ibtilaa’ (trial and test) in relation to the defeat or victory, not explicitly or implicitly, which indicates to the correctness of the belief of the Muslims in the necessity of victory being their ally (that accompanies them) from one perspective, and that it applies to those being addressed in themselves, from another perspective and not upon the generations that follow them, as long as they are fulfilling the condition of Allah, stipulated upon them, in terms of Imaan and undertaking the action in the best way or as it should be undertaken.

    As for the army, then the same applies to it as applies to the Ummah in respect to the Nasr (victory) and its Nasr is not examined far detached from the Nasr of the Ummah, as Allah does not give victory to an army of an Ummah which is not fulfilling the condition Allah has stipulated upon them. However, Allah has stipulated an extra condition upon it and upon the Ummah which prepares it, so that the victory is assured for it. That is for its strength of force (Quwwah) to be equal to a tenth of the power of the disbelievers as a minimum in the case or situation of the weakness of the Muslims and half the strength or force of the army of the disbelievers in the situation of the Muslim’s strength. Allah Ta’Aalaa said:

    إِن يَكُن مِّنكُمْ عِشْرُونَ صَابِرُونَ يَغْلِبُوا مِائَتَيْنِ ۚ وَإِن يَكُن مِّنكُم مِّائَةٌ يَغْلِبُوا أَلْفًا مِّنَ الَّذِينَ كَفَرُوا بِأَنَّهُمْ قَوْمٌ لَّا يَفْقَهُونَ ﴿٦٥﴾ الْآنَ خَفَّفَ اللَّـهُ عَنكُمْ وَعَلِمَ أَنَّ فِيكُمْ ضَعْفًا ۚ فَإِن يَكُن مِّنكُم مِّائَةٌ صَابِرَةٌ يَغْلِبُوا مِائَتَيْنِ ۚ وَإِن يَكُن مِّنكُمْ أَلْفٌ يَغْلِبُوا أَلْفَيْنِ بِإِذْنِ اللَّـهِ ۗ وَاللَّـهُ مَعَ الصَّابِرِينَ

    If there are among you twenty [who are] steadfast, they will overcome two hundred. And if there are among you one hundred [who are] steadfast, they will overcome a thousand of those who have disbelieved because they are a people who do not understand. Now, Allah has lightened [the hardship] for you, and He knows that among you is weakness. So, if there are from you one hundred [who are] steadfast, they will overcome two hundred. And if there are among you a thousand, they will overcome two thousand by permission of Allah. And Allah is with the steadfast.  (Al-Anfaal: 65-66).

    Allah ‘Azza Wa Jalla has therefore made it obligatory upon the Muslims to stand steadfast or firm in the face of the disbelievers is their Quwaah (strength or force) was equal to a tenth of the strength or force (Quwwah) of the disbelievers, in the situation of their weakness, and guaranteed victory upon them. Then He lightened from them for when their force is strengthened and made it obligatory upon them to stand steadfast and firm in the face of the disbelievers if their strength or force was equal to half the strength or force of the disbelievers’ army, guaranteeing the victory for them.

    The Mafhoom (implied understanding) is worked with by the scholars of Usool and the Mafhoom of the Aayaat obliging the steadfastness, indicates that it is not obligatory upon the Muslims to stand firm or steadfast in the face of the disbelievers, if their Quwwah (strength or force) was less than a tenth of that of the disbelievers in the situation of their weakness, and it indicates at the same time to the obligation of the Muslims working and striving to realise and obtain the tenth of the power of the strength of the disbelievers, when they do not possess that.

    Consequently, if the army of the Muslims meets the army of the disbelievers and its force or strength was equal to a tenth of their force or strength, and the Islamic Ummah on behalf of which the army is fighting has fulfilled the condition of the victory, then the victory of the Muslim army is inevitable, because Allah has guaranteed that. If defeat befalls them, then that means either the presence of a flaw in the army in respect to its Deen or in relation to the strength of the disbelievers, or a flaw in its Ummah, or in both.

    It is worth noting here that the Mafhoom (implicit understanding) of the number, in addition to that being linguistic and employed by the people of Usool, it is also employed or applied intellectually as well, and it is impossible for it not to be employed as such. That is because when Allah addresses the numbers themselves and a specific proportion, and affirms it and guarantees the victory with it, and then, after that, those numbers and that proportion have no value, the  that would lead to attributing pointlessness to Allah Ta’Aalaa in respect to having addressed those numbers and that proportion, and that is an impossible matter to attribute to Allah ‘Azza Wa Jalla. That is because when He Ta’Aalaa says:

    إِن يَكُن مِّنكُمْ عِشْرُونَ صَابِرُونَ يَغْلِبُوا مِائَتَيْنِ

    If there are among you twenty [who are] steadfast, they will overcome two hundred (Al-Anfaal: 65).

    Then that means that ten steadfast will definitely not overcome two hundred and at the same time it means that the Muslims must strive rapidly to attain the proportion of a tenth. Any other view in respect to this matter represents nothing more than heresies which hold no value, because it would lead to attributing pointlessness to what Allah ‘Azza Wa Jalla has addressed regarding the defined or specified number and proportion.

    As for the Jamaa’aat (groups) within the Ummah, then the Imaan and the perfection of action likewise represents the Sabab (cause) of the attainment or realisation of the victory for it. That is because Allah ‘Azza Wa Jallah has said in relation to them:

    وَعَدَ اللَّـهُ الَّذِينَ آمَنُوا مِنكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُمْ فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِن قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَىٰ لَهُمْ وَلَيُبَدِّلَنَّهُم مِّن بَعْدِ خَوْفِهِمْ أَمْنًا ۚ يَعْبُدُونَنِي لَا يُشْرِكُونَ بِي شَيْئًا ۚ وَمَن كَفَرَ بَعْدَ ذَٰلِكَ فَأُولَـٰئِكَ هُمُ الْفَاسِقُونَ

    Allah has promised those who have believed among you and done righteous deeds that He will surely grant them succession [to authority] upon the earth just as He granted it to those before them and that He will surely establish for them [therein] their religion which He has preferred for them and that He will surely substitute for them, after their fear, security, [for] they worship Me, not associating anything with Me. But whoever disbelieves after that – then those are the defiantly disobedient (An-Noor: 55).

    Therefore, Allah Ta’Aalaa has made it obligatory upon the Jamaa’ah to have Imaan and undertake the best action or perfect the action (Ihsaan ul-‘Amal) and made that a certain Sabab (cause) in respect to it being granted succession (Istikhlaaf). Even though the Aayah was revealed upon the Muslims after the Hijrah at a time when they were in a state of severe fear from the disbelievers, where they did not go to sleep or awake except with their weapons in their hands, the ‘Ibrah (significance or purport) is not in the specificity of the Sabab (cause). The Aayah in its generality is valid to be applied upon the Jamaa’ah, the Dawlah and the Ummah, whilst there is nothing to specify it to any of them.

    As such, every Jamaa’ah which has made Ijtihaad in respect to that which is required from it according to a Saheeh (valid) Shar’iy Ijtihaad and undertakes that, then from the moment that it completes its Shar’iyah description as being a Jamaa’ah, the promise of Allah in relation to the provision of An-Nasr applies upon it. Then, if the members through whom the its Shar’iy description was fulfilled in respect to it being a Jamaa’ah die out without being provided the victory, that means the existence of flaws within the Jamaa’ah, which must be examined, investigated and revised. That is because the promise is not open until the Day of Judgement.

    Making the promise not be restricted to an end point means that the promise has no value or worth because every generation in the Jamaa’ah will believe, in such a case, in the possibility of accomplishing the victory or its non-accomplishment (i.e. it could happen and could not happen), which makes the promise hold no value for every generation, in addition to that making the concept of victory and its role or purpose redundant. From the angle of motivation or incentive, it has no value, in the case where the individual of the group believes that the victory could be accomplished just as it may not be. And also from the angle of what it reveals, because it does not encourage the Jamaa’ah (group) to revise its flaws, in the case where the promise is deemed to be remain open until the Day of Judgement.

    And so the Jamaa’aat were established and the members, through whom the groups Shar’iy description as being a Jamaa’ah was completed, have passed away, and they did not reach their objective and will never reach it and never be granted victory, unless they revise themselves and investigate the flaws which exist within them. What is meant here by flaws are those flaws related to the fundamentals of the Jamaa’ah. That is because the flaws in the branches do not prevent the reaching of the objective, but rather that it is only the flaws in the fundamentals which prevent the reaching of the objective.

    The Nasr (victory) of the Jamaa’ah is not examined in isolation to the Nasr (victory) of the Ummah. That is because the manifestations of the victory and its forms cannot possibly be reflected upon the individuals of the group without also being reflected upon others from among the people. The ‘Izzah (might or honour), scrutiny, elevation and Mana’ah (protective force) are all manifestations reflected upon the place or area which the group is victorious in. And these are not manifestations which Allah sends in postal parcels to the people, where it is imagined that that this person is ‘Azeez (honoured) in his house because he is from the Da’wah carriers whilst his neighbour is not because he is not from the Da’wah carriers, that must never be imagined.

    For that reason, the first of the manifestations of the victory of the group would be in the peoples’ support for it and their carrying of what they carry. If that happens then the group would have been supported (i.e. provided with Nasr) through the support of the people, and the people would have deserved the Nasr (support or victory) through their providing of it to the Jamaa’ah, and as such they would all be deserving of it. This represents the only angle for the Nasr (victory) of the Jamaa’ah (group) and this is what happened with the Nabi ﷺ. That is because he and his Sahaabah who believed with him deserved the Nasr and so Allah provided it to him; as soon as the support of most of the people was provided to him, and so they all being deserving of the Nasr of Allah ‘Azza Wa Jalla, and then the Islamic State was established for them.

    The Messenger ﷺ and those with him were a Jamaa’ah (group) and the Nasr being provided to them was not delayed for generations. Most of those who carried the Da’wah alongside the Nabi ﷺ lived the victory and witnessed it with their eyes. When they asked him ﷺ to supplicate for them for the victory, he did not explain to them the issue of Al-Ibtilaa’ (being tried and tested), where there was need for it, but rather he reaffirmed and reiterated to them that the victory was coming. There would be no meaning to this reiteration and affirmation at all, if he had meant the victory of your children for instance or your grandchildren, and the Nafs (self) of those asking would not have found tranquillity apparat from as a result of what they knew in terms of that the victory was coming for them, themselves.

    As for the individual, then the Nasr (victory) for him is not inevitable or definite, even if his reward is preserved with Allah. That is because Allah ‘Azza Wa Jalla said:

    وَاتَّقُوا فِتْنَةً لَّا تُصِيبَنَّ الَّذِينَ ظَلَمُوا مِنكُمْ خَاصَّةً

    And fear a trial which will not strike those who have wronged among you exclusively (Al-Anfaal: 25).

    Allah ‘Azza Wa Jalla explains the possibility of a people being afflicted by a punishment where His punishment afflicts individuals who were not party to the sin. And the Messenger of Allah ﷺ said: “The master of martyrs is Hamzah and a man who stood before the unjust Imaam, then commanded him and forbade him, and then he (the ruler) killed him”. The individual could be killed unjustly whilst not realising the Nasr of Allah and he could live in injustice or under oppression and not be granted Nasr from Allah, even though his reward is preserved to him in relation to all of that. That is because the evidences do not make clear the inevitability or definiteness of the provision of the Nasr to the individual. If He wills, He provides him with Nasr in the Dunyaa and if He wills he stores for him his reward until the Day of Judgement.

    The early Muslims during the time of the Nabi ﷺ and after that, comprehended the concept of An-Nasr according to its correct comprehension and it was clear in the minds with the clarity of the sun. With its role of providing motivation and revealing (i.e. the soundness of the work), this concept had the greatest impact upon their conduct. It transformed them from groups who had seen the greatest of accomplishments to be attacking or raiding others and taking possession of their properties, to a force which the whole people of the earth were incapable of stopping. That reached the extent that the Muslim army came to be known as the army which cannot be conquered. The concept of Nasr transformed them into a new creation through whom the greatest achievements in the entire history of humankind were accomplished, when they embraced it and worked in accordance to it.

    At the same time, they had benefited from this concept and understanding, in relation to their discipline with the commands of Allah ‘Azza Wa Jalla. That is because defeat did not befall them except that they would go off searching for the flaw in relation to their compliance to the Deen of Allah ‘Azza Wa Jalla. They did not used to feel that they were on the upright path unless they were being victorious against their enemies from the disbelievers. Their state of affairs remained as such until the Islamic Aqeedah weakened within them and this understanding or concept (related to the Nasr) weakened alongside that. They became distanced from Islaam and so Allah enabled their enemies against them.

    The Nasr, like other Islamic concepts, has been exposed to vagueness in the minds of the Muslims, making it lose a lot its motivating and revealing role or purpose. The absence of these two roles or purposes had a great impact in respect to the decline of the resolve, shortcomings or neglect in respect to seeking the highest (aims) and seeking to beach the peaks of glory. As such the aims collapsed and the individuals and masses came to look no further than what lay between their feet. Its clarity, means amongst things, that at the time of defeat, that it is obligatory upon them to examine, first and before anything else, anything that is contrary to the command of Allah Ta’Aalaa and to then rid themselves of that.

    However, the reality of matters proceeded upon the opposite of that in respect to them. So, they wanted to get rid of the occupation by penetrating the patriotic movements established upon other than the basis of Islaam, and to resort and refer back to the disbelieving international organisations, and as a result the occupation increased in strength and might. And they resorted to entering parliaments and democratic paths to rid themselves of the systems of disbelief, and as a result the ruling systems gained complete control over them … and so on … Therefore, instead of ridding themselves of the Haraam, at the time of being inflicted by defeat, they submerged themselves further into it, and as such the defeat was confounded and increased many times over.

    Based upon the above, the effort to clarify the concept and understanding of the Nasr (victory) and generating it within the Nufoos (i.e. people) with its to purposes or roles of motivation and revealing or disclosure, is extremely essential and important. The carriers of the Da’wah must be attentive and alert to it, so that their Ummah quickly stands upon the right path that is obligatory for her to stand upon and before it loses who identity as an Ummah or Allah replaces her with others, and hence loses the Dunyaa and the Aakhirah.

    Sheikh Abu Islam Yusuf Shaqeero, Palestine

  • Taqleed (Imitation)

    All praise is for Allah, the Creator of humanity, the Lord of the earth and heaven, who created Adam (as), taught him the names of things, commanded the angels and Jinn to prostrate him (as) and honored mankind. Yet, Iblis was arrogant and he threatened mankind with seduction to evil. And Allah (swt) made this world a place of affliction and deeds, not the abode of eternal reward.

    He (swt) revealed Messengers and Prophets (as) upon mankind by His mercy. Their Seal (saw) was the best of the inhabitants of the heavens and the earth, and thus the blessed Message was completed.

    All praise is for Allah, filling the earth and the heavens… I bear witness that there is no god but Allah, in the witness that will save us by the Mercy and Forgiveness of Allah from His Hellfire. We ask Allah (swt) for steadfastness… I bear witness that Muhammed is the servant and Messenger of Allah (saw), the one who said, مَنْ يُرِدِ اللهُ بِهِ خَيْرًا يُفَقِّهْهُ فِي الدِّينِ When Allah wishes good for anyone He makes him understand in the Deen.” [Bukhari and Muslim]

    We are writing this subject since we see the need of many of the sons of this Ummah to understand this subject, as not every Muslim can arrive at the rank of ijthihad in the Knowledge of Shariah and thus he must imitate those who do. He is in need of imitation (Taqleed) to know the commands and prohibition of his Lord (swt), abiding by his Deen in deeds, words and in all of his life. 

    What made matters worse was the loss and absence of Shariah knowledge from the minds of sons of the Ummah. This is because of the loss of ‘Ulema. Muslim narrated in his Sahih: Abdullah b. ‘Amr b. al-‘As reported Allah’s Messenger (saw) as saying: إِنَّ اللَّهَ لَا يَقْبِضُ الْعِلْمَ انْتِزَاعًا يَنْتَزِعُهُ مِنْ النَّاسِ وَلَكِنْ يَقْبِضُ الْعِلْمَ بِقَبْضِ الْعُلَمَاءِ حَتَّى إِذَا لَمْ يَتْرُكْ عَالِمًا اتَّخَذَ النَّاسُ رُءُوسًا جُهَّالًا فَسُئِلُوا فَأَفْتَوْا بِغَيْرِ عِلْمٍ فَضَلُّوا وَأَضَلُّوVerily, Allah does not take away knowledge by snatching it from the people but He takes away knowledge by taking away the ‘Ulema, so that when He leaves no learned person, people turn to the ignorant as their leaders; then they are asked and they deliver Fatwa without knowledge, they go astray, and lead others astray.” People take ignorant leaders to give judgments with the loss of ‘Ulema, as those who remained from amongst the true ‘Ulema were deported, silenced and abducted. Thus there exists the loss of Shariah knowledge amongst the sons of Ummah.

    Nevertheless, the weakness in understanding Islam and the weakness of juristic capability amongst the sons of Ummah began with the lack of giving importance to the Arabic language. It then worsened through closing the door of ijtihad. It then worsened further still through the domination of the West and Kufr nations over Muslims, by usurping their authority. The kuffar struck the Ummah heavily in both the cultural and intellectual aspects. They worked for the faculties of “Shariah Sciences” to prevail over the Knowledge of Fiqh in the lands of Muslims, just as in the precedence of Western philosophy and logic (mantaq). They coerced the people of Fiqh and kept them away from the reality. So the knowledge of the faqeeh or sheikh (teacher) or student in the faculties of “Shariah Sciences” became for the sake of preaching and delivering sermons, and not for the sake of implementation, change and practically taking care of the affairs of Muslims. So the strength of Fiqh (jurisprudence) declined more than ever. Thus the ‘UIlema have decreased, whilst the imitators (Muqallids) have increased…

    Another problem arose, which is that of the imitator (Muqallid) who does not know how to imitate the ‘Ulema and does not know what are the regulations and rulings of imitation. He is ignorant of the obligations upon him as an imitator. He thinks that he could, as is erroneously said, حطها برأس عالم واطلع سالم “place the hukm on the neck of an ‘Aalim and look for the one who is sound.” 

    Amongst the most pressing problems in the subject of imitation during this era is that the community of Muslims are no longer giving importance to know the rulings, commands and prohibitions of Allah (swt). They do not examine them carefully, to the extent they start giving fatwas from themselves, making the commands of Allah (swt) subservient to their desires and interests. If you ask them, they would say, استفت قلبك ولو أفتاك الناس” “Ask for Fatwa from your heart, although people gives you fatwa.” They also say “The Deen is easy and not difficult, so do not make it complicated” or “The interest is so and so, and the Deen is to take care of the interests of the people” or “my intention is pure and what matters is the intention,” and other excuses by which they assure themselves, to escape from their responsibilities towards their Deen and Ummah! 

    Then, there are those who read two or three books and begin thinking of themselves as ‘Ulema of their time. They think that they are ‘Ulema who do not need to imitate anyone. Moreover, they think that it is a shame to imitate others, saying that they are knowledgeable and juristically competent. So they give fatwa from the book of Allah (swt) and the Sunnah of the Messenger of Allah (saw), upon which they do not have knowledge. They misguide themselves and others! All of this necessitates the conveying of the thoughts that would enlighten those who are not mujtahids, upon how to take the ahkam of their Deen.

    From Allah (swt) the support is sought and upon Him alone is the trust.

    In this subject, we will discuss the various issues:

    First Issue: Definition of Taqlid (Imitation) and its Ruling

    Second Issue: It is upon the Muqallid to seek Fatwa from the One whom he knows is Knowledgeable and Capable of Ijtihad

    Third Issue: What does a Muqallid do in the Presence of more than one Mujtahid?

    Fourth Issue: Solving the problem of Scarcity of Mujtahids in our time

    Fifth Issue: Muqallid imitates a Specific Madhab whilst the People of his Madhab become Absent

    First issue: Definition of Taqlid (Imitation) and its Ruling

    Taqlid (imitation) is the acting upon the saying of others, without direct knowledge of the mandatory evidencing. It is the following by a Muqallid of the opinions of a Mujtahid ‘Aalim in the issue of jurisprudence (Fiqh), in order to act upon what the ‘Aalim said. He follows the opinion of the ‘Aalim because he trusts that the Aalim’s saying emerged from the evidence, which the Mujtahid examined. The Muqallid does not have to know this evidence, or the knowledge of the derivation (istinbat), ijtihad and the process of decision, whilst not even knowing what the ‘Alim mentioned, memorized and preserved. The Muqallid acts upon the action, without deriving the ruling from the Shariah evidences for himself.

    One who does not possess the capability for ijtihad, even if he gains some significant knowledge of ijtihad, must imitate one of the mujtahid and follow his fatwas (rulings) for practical issues. This is unlike the claims of some of the scholars from amongst the Mu’tazila and others. What we assert is indicated by the Divine texts and Unanimous Consensus of the Companions (ra).

    As for the divine text, Allah (swt) said, فَسۡ‍َٔلُوٓاْ أَهۡلَ ٱلذِّكۡرِ إِن كُنتُمۡ لَا تَعۡلَمُونَ  “So ask the people of the message if you do not know.”[TMQ 21:7]. The saying here is general about asking anything which one does not know.

    As for the Consensus, the general public during the time of the Companions (ra) of the Prophet (saw) used to ask mujtahids from amongst the Companions, about the practical Shariah rulings. Those of the Companions (ra) who were mujtahids responded to them, without a reference to the evidencing, whilst both the questioner and responder did not object to it. Amongst the evidence for this is the sound narration of As-Sha’bi (الشَّعْبِيُّ) who said, كَانَ سِتَّةٌ مِنَ أَصْحَابِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يُفْتُونَ النَّاسَ ابْنُ مَسْعُودٍ، وَعُمَرُ بْنُ الْخَطَّابِ، وَعَلِيٌّ، وَزَيْدُ بْنُ ثَابِتٍ، وَأُبَيُّ بْنُ كَعْبٍ، وَأَبُو مُوسَى. وَكَانَ ثَلَاثَةٌ مِنْهُمْ يَدَعُونَ قَوْلَهُمْ لِقَوْلِ ثَلَاثَةٍ، كَانَ عَبْدُ اللَّهِ يَدَعُ قَوْلَهُ لِقَوْلِ عُمَرَ، وَكَانَ أَبُو مُوسَى يَدَعُ قَوْلَهُ لِقَوْلِ عَلِيٍّ، وَكَانَ زَيْدٌ يَدَعُ قَوْلَهُ لِقَوْلِ أُبَيِّ بْنِ كَعْبٍ “There were six amongst the Companions of the Messenger of Allah (saw) who used to give fatwa to people, they are: Ibn Masud, Umar bin Khattab, Ali bin Abu Talib, Zaid bin thabit, Ubay bin Ka’b (may Allah be pleased with them). Three used to attribute their sayings to the other three. Abdullah attributed his saying to (his father) Umar, Abu Musa attributed his sayings to the statement of Ali and Zaid attributed his sayings to the statements of Ubay bin Ka’ab.” Thus there is Consensus amongst the Companions of the Prophet (may Allah be pleased with them) for the permissibility of Taqlid (Imitation). 

    All of these statements in this issue are related to the imitation for the branches (furoo’). As for the imitation in the foundation of the Deen, the Aqeedah, it is not permissible as Allah (swt) says,  وَمَا لَهُم بِهِۦ مِنۡ عِلۡمٍۖ إِن يَتَّبِعُونَ إِلَّا ٱلظَّنَّۖ وَإِنَّ ٱلظَّنَّ لَا يُغۡنِي مِنَ  ٱلۡحَقِّ شَيۡ‍ٔٗا “And they have thereof no knowledge. They follow not except assumption, and indeed, assumption avails not against the truth at all.” [TMQ Surah an-Najm 53:28]

    Second Issue: It is upon the Muqallid to seek Fatwa from the One whom he knows is Knowledgeable and Capable of Ijtihad

    It is permissible for a Muqallid to imitate only from the one who possesses the capability for making ijtihad, who must also be just (‘aadil). As for possessing the capability of ijtihad, this is because taqlid (Imitation) is the following of the opinions of others, without knowing the mandatory evidencing. This following is for the sake of knowing the Shariah ruling, whilst the Shariah ruling can be known only through scrutinizing and evidencing (istidlal) from the Shariah evidence. Scrutinizing and istidlal can only be done by a mujtahid. Therefore, it is the one whom people seek fatwa from must be a mujtahid, who is able to undertake derivation (istinbat) of the Shariah rulings, from the detailed evidence of Shariah (adillat tafsilyah).    

    As for being just, this is because justice is the condition for a witness. Giving a fatwa of the Shariah rulings is a witness from the Mufti that it is a Shariah ruling, derived correctly. Accordingly, witness is a condition that must be met by the one from whom people seek Fatwa.

    There is a question here: is it a must upon a Muqallid to ask the one whom he is seeking fatwa from, about his condition, in terms of his knowledge, capability of ijtihad and just before asking him the question?

    As for what is related to the capability for ijtihad, it is obligatory upon the Muqallid to ask the one whom he seeks fatwa from about his condition, before asking to take testimony of his justice from the Muslims, or by examining his authored works or the circles which the mujtahid takes. This is in the cases where the Muqallid possesses some significant knowledge about ijtihad, which enables him to verify whether the derivation of the ‘Aalim in his publications or knowledge circles is correct Shariah derivation. This matter is emphasized due to the nature of humans in general and in particular the condition of people in this time, as the majority of people are ignorant in the matters of Deen, being incapable of ijtihad and fatwa. If he does not ask about the justice of Mufti, then what most of the people think, most likely will be given.

    As for what is related to the justice (‘adl), it is also obligatory to ask about his justice, asking his people or those who know his condition or looking at his actions or listening to his talks to affirm that there is no apparent fisq (sin), or what blemishes his personality, or the insistence upon minor sins (sagha’ir), or other things that would subvert the justice of a man amongst Fuqaha. Amongst the things that would undermine the justice of an ‘Aalim is that he stands at the gates of rulers, glorifying them with praises and making haram as halal, for their sake. Such a person is not entrusted about the Deen, nor is he sought fatwa from. Instead, it is upon the Ummah to account him, exposing his stance, whilst the sons of Ummah should ask him to desist eloquently.

    Based on this premise, taking fatwa from councils, or taking fatwas from Dar ul Iftas without people knowing who gave the fatwa, or from taking fatwa from a group of muftis, gathering to give opinions and fatwa for a specific issue and then they issue fatwa to the people, all these contradict the rigorous procedures for Taqlid, as those who imitate (Muqallids) do not know the condition of those who gave them the fatwa, in terms of knowledge and justice.

    Third Issue: What does a Muqallid do in the Presence of more than one Mujtahid?

    It is upon the Muqallid to outweigh between the mujtahids. There are many criteria for outweighing (مرجحات) of muqallids that can be relied upon, to outweigh between the mujtahids. The most important of them is ‘a’lamiyyah (أعلمية being most knowledgeable). So, the Muqallid can outweigh the mujtahids and so he can imitate the one whom he trusts, that is the most knowledgeable amongst the mujtahids. It is not permissible for a muqallid to choose between ‘Ulema and mujtahids, based on his whims and desires. It is also not permissible for him to search for the easiest ijtihads and follow the lightest of ahkam. It is true that it is permissible for muqallid to imitate specific ‘Ulema for each separate issue. For instance, he can imitate Imam Shafi in the issue of Salah, and he can imitate Imam Abu Hanifa in the issue of fasting, and he can imitate Imam Ahmed bin Hanbal in the issue of Hajj. This is permissible on condition that his choice of ‘Ulema should stem from his trust in the knowledge (أعلمية) of each one of them, for the issue that he follows him in. It must not stem from whims and desires.

    Also, whilst it is permissible for the muqallid to imitate one of the Ulema for each separate issue, he can imitate a single ‘Aalim for all the issues of the Deen, such as to say “I imitate the Shafi madhab completely.” This is also permissible and there is nothing wrong in that.

    And the question that is raised here is: is it permissible for a Muqallid, when he imitates an ‘Aalim for an issue, or as for an entire madhab to revise his imitation, by imitating another ‘Aalim? 

    We say: It is permissible for that in every issue that is not connected to his current actions. For instance, if a muqallid says, ‘I will imitate Shafi’i for the issue of prayer and Zakah’, and then he prays upon the madhab of Shafi’i. However, he does not have wealth with him to reach the level of Zakah (Nisab) so does not adopt from Shafi’I in this. Then when his wealth reaches to the level of Zakah, he sees that Abu Hanifa is more precise for the ijtihad on the issue of Zakah. Then, it is upon him to imitate Abu Hanifa in the issue of zakah. 

    If the action of Muqallid is connected to the issue in which he imitates a particular ‘Alim, the Muqallid does not leave him. There are two types of Muqallids.

    Either the Muqallid is ignorant of the Knowledge of ijtihad and he is called Muqallid A’ami (general imitator) or he possesses some of the significant knowledge about ijtihad, although he does not possess sufficient knowledge that gives him the capability of ijtihad, and he is called Muqallid Muttabi’ (Following Imitator).       

    As for what is related to Muqallid A’ami, if he trusts the knowledge and justice of an ‘Alim, he will take rulings from that ‘Alim and imitate him. It is not permissible for him to turn aside from the ‘Alim to other mujtahids, even if he sees and trusts later in the a’lamiiyya (أعلمية) of another mujtahid. This is due to his ignorance of the knowledge of ijtihad and thus he is not able to outweigh the ‘Ulema and their capabilities of deriving the ahkam (istinbath). However, if the apparent fisq (sin) or the clear ignorance of the ‘Aalim is clear to this muqallid, which indicates the contradiction of the ‘Aalim with what the Muqallid affirms in the Deen, then it is obligatory upon the Muqallid to abandon imitating this man and start imitating another ‘Aalim who is trustworthy in his knowledge and justice.  

    As for what is related to Muqallid Muttabi,’ he can outweigh the a’lamiyya (أعلمية) of mujtahids. So he can leave from imitating what is better (المفضول), into imitating what is best (الفاضل), according to what he sees, from what he possesses from the knowledge of ijtihad, which enables him to judge upon the derivation (istinbat) of ‘Ulema and their evidence. Here, he has made judgment in outweighing and not judgment upon derivation (istinbath) in itself.  

    Fourth Issue: Solving the problem of Scarcity of Mujtahids in our time

    It happens today that if a Muqallid searches for a Mujtahid in his land to imitate, he will not find him. What makes matters worse are the borders placed by the colonialists between the lands of Muslims and the hard economic condition of Muslims, as it is difficult for a Muslim to travel and search for the ‘Ulema and mujtahids in the lands of Muslims.

    It has a solution, which is that the Muqallid should search in the books of mujtahids such as Shafi, Malik, an-Nawawi and others to find the solution for his issue. Or he should ask someone who has the knowledge of one of those madhabs, or the views of other mujtahids, so that he will give him the answer for his issue. Thus, the Muqallid can imitate the mujtahid, from whom the knowledge is transferred, and not from the one who transmits the knowledge from the mujtahid. The role of the transmitter is only to teach the Muqallid about the opinion of the mujtahid. There is no objection to this, provided that the muqallid is affirmed of the justice and trustworthy of the transmitter.

    Fifth Issue: Muqallid imitates a Specific Madhab whilst the People of his Madhab become Absent

    Consider a Muqallid imitates a madhab completely, and his current actions are connected to many of the issues that had been derived by the people of that madhab, who clarified its origin. Consider that this muqallid now travels to a place where he does not find any one from amongst the people of that madhab, or the people of that madhab become absent. In that situation, it is obligatory upon the Muqallid to continue his action, just as he acted before according to that madhab, in the issues that are already connected to his actions. As for the issues that are not yet connected to his current actions, there is nothing wrong for him to search for the ‘Ulema who are not in his madhab and thus he can imitate them. There is no difference in this with what we have mentioned before.

    There remains a problem in the issues which are connected to his current actions, which is the updating of the subsidiary (branch) problems for a muqallid, in the issues which he is already acting upon, according to the Madhab whose people are now absent. Here the Muqallid can ask any ‘Aalim in whom he has trust in his capability of ijtihad for this subsidiary issue.

    In the end, I have thought to limit the subject upon these issues alone as I have seen them as the most important issues needed by the imitators (Muqallids) of this time. 

    And Praise be to Allah, the Lord of the Worlds.

    Translated from Arabic

    Al-Waie Magazine, Issue 382, July 2018

  • Rising Oil Prices Benefits Everyone except Iran

    بسم الله الرحمن الرحيم

    Russia is covered by a wave of euphoria in connection with the rise in oil prices. On May 15, it reached $ 79.5 per barrel, for the first time since 2014. The Kremlin is thought to be inspired. A more detailed examination of the basics of what is happening is necessary.

    Rising Oil Prices Benefits Everyone except Iran
    By Usman Salikhov – Russia

    Russia is covered by a wave of euphoria in connection with the rise in oil prices. On May 15, it reached $ 79.5 per barrel, for the first time since 2014. The Kremlin is thought to be inspired. A more detailed examination of the basics of what is happening is necessary. This is due to the actions of the United States, which firstly withdrew from the nuclear agreement with Iran, which returned this country under sanctions, including on the sale of oil i.e. Iran is again deprived of the opportunity to trade oil. Secondly, it is an escalation from Washington in the Palestinian problem. The arrogance and perseverance with which the Americans are transferring their embassy to Jerusalem provoked protests from Muslims around the world. And in Palestine, with the suppression of Palestinians, the Jews killed about 100 people. And these two actions, which led to an increase in oil prices recently, are part of one plan to control the Middle East.

    1. Donald Trump, from the moment he came to the White House, clearly indicated his unceremonious in the matter of America’s borrowing money from other countries. So he demanded a lot of money from Germany for security: “Germany owes huge sums of money to NATO and the United States, and must pay more for the powerful and very expensive defense that we provide to Germany!” (RT, 19.03.17). And if he talks with the Europeans even summarily, but politely, then with the Islamic world, he speaks differently, haughty, arrogantly, humiliatingly. Speaking at a rally in Michigan on April 27, 2018, Trump said: “Imagine we spent 7 billion dollars in the Middle East without getting in return, nothing. We have finished with the “IG”, there is no such army as our army. “Some of the richest countries in the world tell us that they are tired and do not want to pay.” “We will make them pay, and they will pay.” And of course it’s about the countries of the Persian Gulf, Saudi Arabia.

    2. And this is the most important thing, because it is with the help of Iran that America frightens the Persian Gulf and demands money from them for their safety. It’s shocking and abominable how the enemies lead these Muslim rulers by the nose and frighten some by others, and make them love themselves.

    Back in 2012, the US Hilary Clinton signed an agreement with the countries of the Commonwealth of the Persian Gulf countries on the organization of an anti-missile defense system based on the Patriot missile system in conjunction with the global NATO missile defense system. But with Obama’s conclusion of the Iranian nuclear agreement, the problem of danger from Iran so will we say, and the missile defense project froze.

    And here it is important to explain that the conclusion of a treaty with Iran on the lifting of sanctions was aimed at supporting it in opposing the Syrian revolution. The removal of sanctions by the US allowed Iran to improve its financial position. In 2011-2013, the US was at a loss as to what to do with the uncontrolled revolution, which Obama said on August 6, 2016 about, that he was turning gray because of Syria. And Iran came to the aid of the US and throughout the war supported American agent Bashar Assad.

    However, in 2015, Damascus was on the verge of collapse, i.e. Iran could not withstand the onslaught of the rebels. And then the Americans started using Russia.

    Thus, Iran came out on the second role in the Syrian issue. With the advent of Turkey on the Syrian arena, the Americans in general managed to achieve significant progress in controlling the military side of the conflict. And instead of “rewarding” the obedient executioner, the US sending him into retirement, so the US “throw” the Iranian regime, declared it as a threat to security in the region and renewed sanctions against it. And now Iran has to deal with the financial holes in the budget because of military spending on Syria alone. This is the position of all traitors.

    3. Trump is seriously engaged in business in the state level. To reinforce the unheard-of loyalty of Saudi Arabia in the issue of security payments, he orderly and deliberately demonizes Iran, pointing to its nuclear and ballistic technology. So in his first international tour in 2017, which Trump began with Saudi Arabia, he held a meeting with the leaders of the Middle East countries and told them clearly: “Iran is your main threat, we (the Americans) will protect you and you will pay us.” And after breaking with Iran an agreement on the cessation of nuclear development and the resumption of sanctions Trump provides Erriad with support in the form of high oil prices. Moreover, in addition to the agreements on the supply of American weapons, Saudi Arabia agreed to fulfill the tasks set by the Americans in Syria. At the same time, high oil prices will give a powerful impetus to their own oil industry in the United States.

    To show the even greater role of business in Trump’s actions, it is important to point out Washington’s demand to stop the construction of a gas pipeline from Russia “Nord Stream 2”. Trump is trying to get Europe to buy liquefied gas from the US, which is much more expensive than a pipeline gas. The motive behind this threat is the transatlantic trade agreement. Washington threatens not to sign it, which promises America’s trade wars with Europe.

    And this business approach in public affairs leads the US to lose the role of a superpower, when the countries of the world turn away from them. So the Minister of Economy Altmeyer said 18. 05. 18: “Europe will resolutely respond to US attempts to put its own economic interests above the partners.”The US is our friends and partners, and we want to protect our common values, but if the US acts on the principle of America First and puts its own economic interests above ours, then Europe will identify its own interests and fight for them”. This statement shows that the ideological unity of America and Europe is lost due to the short-sighted rule of Trump. Who is seduced by the existing power and spends it on the benefits, losing the confidence of the allies. This is not the only disagreement between the US and Europe, and they are only worsening.

    4. As for the US embassy in Jerusalem, I must say that it’s not just about trying to raise the trump ratings inside the US. Israel over the past year has played a prominent role in the Syrian conflict. Air bombardments against Iranian and Russian military targets in Syria should have emphasized the presence of yet another military force opposing the revolution. The US prefers to remain in the shadow of their executioners, content with the role of the fighter with IGIL. And the Jewish entity’s statement in the role of another killer is destined to increase the desperation of the rebels. On the other hand, the attack of Iranian military objects in Syria emphasized the theme of the “Iranian nuclear threat”. And if America is a shepherd, then the Jewish entity is a sheep-dog, with the help of which she drove sheep’s to one more slaughterhouse.

    Translation of the embassy to Jerusalem is not only a rating event for Trump or a family issue with his son-in-law Jared Kushner. This is certainly something more. This of course is the hatred towards Muslims and their religion. The enemies of Islam are discouraged by what is happening in Syria and other clashes with Islam. They cannot understand the source of such a powerful resistance and the onslaught of Islam. So they are taking decisive steps, hoping to cut down the tree of Islam with its roots in the garden, it has grown. They produce beer with the Islamic shahada, instead of a lid. Enemies of Islam organize debauchery competitions on our lands, covering naked women with the testimony of Islam. They build theaters of opera and music in the land of two shrines. As for the third shrine, they show us that their boots will go where they like. So they want to deprive us of dignity and strength to resist.

    However, this religion belongs to Allah, and the fight against it is a great crime against the Lord Almighty, which will inevitably be defeated in this world. And no one has the right to despair and dwell on his way of spreading Islam. The days have come when the metal separates from the slag, and the truth from the lies.

    Every Muslim should sincerely rely on the help of Allah, who promised the establishment of a righteous Caliphate, the only shadow of which is covered with century-old dust deprives the current pharaohs sleep. O Muslims, join Hizb ut Tahrir. The Messenger of Allah (saw) said:

    «ثُمَّ تَكُونُ خِلَافَةٌ عَلَى مِنْهَاجِ النُّبُوَّةِ»

    “… Then the caliphate will continue by the method of prophecy.”

    * Written for Ar-Rayah Newspaper – Issue 186

  • What a Difference between Ramadan under the Khilafah and Ramadan under the Rule of Ignorance?

    How was Ramadan under the Islamic state in Medina and how did Muslims live it then? And how were the preparations of the Prophet ﷺ and companions after him for the blessed month? Were they like what we live today and what the existing countries are doing or is there a big difference? Questions that may have been brought to the minds of many, we will try, Allah willing, to answer them.

    Ramadan was obliged in the second year of Hijra (migration). The Islamic environment created by the Prophet ﷺ in Medina since his migration was able to make the first Muslims experience a unique taste for the month of fasting. They were used to living under the rule of Islam and they sacrificed what was precious for the sake of its call. When fasting was obliged, they saw it as an opportunity to take advantage of, to double the rewards and more giving at all levels.

    They worked hard and spent every effort following the example of the Prophet ﷺ; they stayed up in Qiyam at night and prayed during the day, asking for forgiveness, praising Allah, doing Tahleel and Takbeer, and showed most generosity; they spend in secret and public seeking Allah’s reward, and they would also hasten to meet the call of Jihad, rushing forth not away to spread the good to the worlds. The Prophet of Allah ﷺ, in his capacity as the head of state then, did not forget to seize the opportunities of obedience and sacrifices to move the army and expeditions as much as possible. And what more obedience greater than self-sacrifice for the sake of Allah, and what reward is comparable to that, that it should be missed as a worship in those few days. So Ramadhan was therefore the month of conquests and victories and in it was the expedition of Sayf Albahr and the great Battle of Badr and others.

    Because of that, the companions (may Allah be pleased with them) understood the meaning of fearing Allah (taqwa) very well. And they proceeded in the life obeying the commands of Allah and abstained from the prohibitions at all times, and hastened the good deeds and avoided the evil, but they avoided even a lot of Halal for fear of falling into Haram things until they attained piety (wara’), the highest level of taqwa. This also happened in the era of the Khulafa’ Ar-Rashidoon (righteous Caliphs), may Allah be pleased with them, and then in a pattern that rises in one time and descends in another in the shadow of the Khilafah and the abuse in the application until we have suffered the disruption of the rules of Islam.

    What we are living today is the absence of Shariah rules on the lives of Muslims. It makes us live a fundamentally different Ramadan than the first Muslims. It is sufficient proof that we have a pre-Islamic environment in our personalities to realize our need for an Islamic state, an honorable Khilafah on the method of Prophethood, that will take us back to our first state to taste the sweetness of the month of blessings, in which sanctifies will be protected and in it will be a call for jihad to spread the Deen of Allah in every house (made of mud or fabric).

    Every one of us senses the role of the state in providing the Islamic environment and the protection of society, and we see Haram spread everywhere, let alone in Ramadan and the States of destruction do not hesitate to bring anything that would alienate people from their Deen and belief; they are in an uncompromising war with the rules of Islam by exclusion, disruption and distortion, in addition to wanting to destroy virtue and what is rooted in people’s heart from shyness and piety and fear of Allah (swt) through the increase in the dose of fallen serials and programs calling for all evils of nakedness, obscenity, debauchery,  immorality and fornication and so on.

    With the intention to distract people and remove them from the atmosphere of Iman that strengthens their souls and makes them yearn for what Allah prepared for them, billions are wasted on what is not worthy. In return, the poor are left hungry, in need to feed their stomach with little food, if available to them. States spend millions on Ramadhan carnivals and allow the West to squander Muslims’ wealth. Muslims find themselves between the hammer of want and need and the anvil of fatigue and misery as Halal living is difficult and Haraam is easy and is facilitated.

    Thus, we fast but we see the concepts of secularism and kuffr and their rules dominating life, and we feel the pain that the political system, the economic system, the social system and the other systems of Islamic life are disrupted, which only by their application that we attain Allah’s pleasure and ensure a decent life, comfort and tranquility. We feel the pain but work to restore things to their rightful place as the balm and to remove the sin in front of Allah and really feel the meaning of the Hadith of the Messenger of Allah ﷺ: «يَأْتِي عَلَى النَّاسِ زَمَانٌ الصَّابِرُ فِيهِمْ عَلَى دِينِهِ كَالقَابِضِ عَلَى الجَمْرِ» “There will come a time when holding on to your Iman will be like holding on to a hot coal” [Narrated by Tirmidhi].

    The Islamic atmosphere that is generated by the Khilafah’s implementation of the rules of its Lord and its encouragement to the people to worship is important in order to ensure the Muslims turn to the law of their Lord and submit to him and be in the ranks of the righteous.

    The common tradition has a magical effect on the souls and has a great positive impact on them. Whoever takes a quick look at the history of Muslims will be aware of the important role of the state in smelting society with Islam and the importance of keeping it immersed in concepts, feelings and virtue, and the importance that the rules of Shariah laws are in force, to find the Islamic way of life. As Othman may Allah be pleased with him said, “What is not removed by the Qur’an is removed by the Sultan authority”.

    In other words, the authority of Islam forbids people from committing the prohibitions more than the Qur’an because “some” people are weak in Iman and are not affected by the deterrents and prohibition commands in the Qur’an. However when they see everyone around them committed and know that there is a penalty by the system, they will be deterred and fearful; the little number of those who publically carry out sins through the centuries of caliphate are proof of this as they were a small group.

    The facilitation of Haram and the fight against the rules of Islam, which is carried out by the states of destruction today, are what cause the existence of a segment of Muslims; who are Muslims by name only, they disobey Allah openly and do not hesitate to do all the Haram and they insolently call for all the evils and all that displeases Allah (swt).

    The existence of many of these is like the existence of the divine reason (I’la) that revolves with the reasoned law, in its existence and absence. Disrupting the Shariah law and the permitting the Haram, and the encouragement of the Western lifestyle are what fueled the mentalities and souls of those people and resulted in their separation from their Deen; many of them are unaware and we hope that they will return and repent to Allah (swt) when they know the reality of their Deen, its rulings and concepts.

  • Where are the Former Ramadans?

    Where are the Former Ramadans? – They Will Return with the Khalifah Rashid who will Eradicate any Doubts!

    In order to become a true Muslim, the most important issue is to become a Muttaqi. The month of Ramadan is doubtless the fastest among the Paths to Taqwa. The month of Ramadan is a period in which Muslims openly and without hesitation invite each other to the Khayr, in which they enjoy to compete with each other in their ibadat and good deeds, and put their utmost effort to become one of the Muttaqeen. Most beautiful however, is that they have no problem what so ever in getting into the “great atmosphere” of Ramadan. This is because the ideas and emotions regarding Ramadan are in total harmony among every individual Muslim. This is the case for the individuals within the society.

    However, we have big difficulties in getting into the “Month of Ramadan” as a society, i.e., a single Ummah. Moreover, this is made impossible to us. Whilst Muslims all over the world are supposed to start and end every Ramadan at the same time, they are forced to start and end their fasting on different days due to nationalist regimes and religious institutions who also claim to be modern, for one of the most important elements that make up society – namely the systems – are not compatible with the Aqeeda of the individuals. Furthermore, they diametrically oppose it and are even of a hostile structure.  It is due to these systems that Muslims across the world are subjected to wars, invasions, slaughter, torture and all kind of oppression. Alongside this, the mental and cultural invasions led by these systems have eradicated the clarity, and purity of the Islamic ideas, and implanted ideas, views and rulings into the minds of the Muslims which have no relation to the revelation, producing faulty Islamic personalities. They planted politicians upon us implement non-Islamic solutions to social and political problems, and boast with nationalism and patriotism. During this eminent month, which is supposed to be the month of victories and eradication of all evil, we are silenced with 3 days of “national mourning” to the slaughter in Palestine, and are forced to watch on the intensifying the slaughter and wars during Ramadan in our other lands. In the morning we send our children, whom we raised with great enthusiasm to become good servants of Allah, to school, and the non-Islamic education systems return them back to us as persons who abstain from their ibadat, or even worse, as deists, feminists and democrats. We eat less in order to provide good nutrition to our children to raise them healthy, but we pick them up from the streets addicted to drugs and alcohol. And of course we continue to endure the pain and suffering of these even during Ramadan. And to top it off, we get doubts even on our ibadat and especially on Ramadan.

    Throughout their 1300 hears history, Muslims led the world in science, in particular in astronomy. The astronomical calculations they developed and devices they invented are still used today. Despite that they never said, “we are modern, capable of reading and calculating, so let’s determine the moon sighting through technology”. Moreover, having reached that level of knowledge hundreds of years ago, scientists of the Islamic civilisation were also experts in the basic of Islamic sources, i.e. the Arabic language, science of Hadith and Fikh, and many other Islamic disciplines. They were unlike the today’s so-called scientists, who struggle for tens of years in order to specialize in a single branch. Despite the possession of all these technological advancement, this civilisation, that enlightened the world for thousand years, was aware of the obligation to determine the moon with the “naked eye” and not through astronomical calculations, and thus took all necessary appropriate precautions. This was possible, because it was the system implemented upon the Muslims that promoted these qualities.

    During the very early ages of the Islamic Khilafah, the 9th century, the Umayyad Khalifah al-Ma’mun let built the first observatory in Baghdad. The main task of this observatory was to observe the moon, so that the Muslims could truly fulfil their worship. After that, observatories where built across every corner, and almost every city of the Islamic lands. And the Ottoman Khilafah maintained this practice. The Khalifah appointed special officials who usually were qadis, and ordered them to observe the moon. The officials would choose a few reliable persons among the people as witnesses while observing the sighting of the moon. And everyone among the Ummah who had the possibility joined this action of observing the moon. The sighting of the moon was fix after confirmation of witnesses. So the witnesses accompanied the official to the Fatwa Office. And the director of the Fatwa Office would sincerely interrogate the official and the witnesses, and after being convinced of the statements and testimony, he would prepare a writ and forward it to the Qadi. The writ would be sealed by the Qadi after being recorded in the court record book, and forwarded to the Sheikh al Islam, and finally to the Khalifah. The Khalifah would declare the beginning of the Ramadan and let it announce everywhere. So any doubt about the beginning of Ramadan would be removed. Therefore, throughout the history of Islam, it was never seen that Muslims started fasting and feasted on different days. The Unity of the Ummah was preserved in every aspect of life. Rasulallah ﷺ said:

     «الْحَلاَلُ بَيِّنٌ وَالْحَرَامُ بَيِّنٌ وَبَيْنَ ذَلِكَ أُمُورٌ مُشْتَبِهَاتٌ لاَ يَدْرِي كَثِيرٌ مِنَ النَّاسِ أَمِنَ الْحَلاَلِ هِيَ أَمْ مِنَ الْحَرَامِ» 

    “The lawful is clear and the unlawful is clear, and between that are matters that are doubtful (not clear); many of the people do not know whether it is lawful or unlawful.”  [Bukhari, Muslim, Abu Davud, Tirmizi, an-Nesai]

    Today we are in urgent need of Khalifah who clarifies the doubtful matters and removes uncertainty, who ensures that the Muslims can conduct worship in unity, and who mobilizes his armies to the rescue of the Believers as it is obliged upon him. Our Ramadans, our fasting and all of our ibadaat, as well as our children and the whole Ummah will only regain their true identity under the Khilafah. And our Ramadans and our Ummah will flourish again year after year.

    So, do your yearn for the old Ramadans, my sisters and brothers? Then proceed on the Path to Taqwa by starting the work for the change of the current systems. For Allah (swt) ordered:

    إِنَّ اللّهَ لاَ يُغَيِّرُ مَا بِقَوْمٍ حَتَّى يُغَيِّرُواْ مَا بِأَنْفُسِهِمْ

    “Indeed, Allah will not change the condition of a people until they change what is in themselves.” [Rad 11]

  • Ramadan Worship – Not Spiritually Emotional but Sincere and Enduring

    Once a Sahabiah Nusaybah bint Kaab (Umm Umarah) told to the Prophet ﷺ that in the Noble Quran only men were mentioned and women were often deprived of any importance. Then this Ayah was revealed:

    اِنَّ الۡمُسۡلِمِيۡنَ وَالۡمُسۡلِمٰتِ وَالۡمُؤۡمِنِيۡنَ وَالۡمُؤۡمِنٰتِ وَالۡقٰنِتِيۡنَ وَالۡقٰنِتٰتِ وَالصّٰدِقِيۡنَ وَالصّٰدِقٰتِ وَالصّٰبِرِيۡنَ وَالصّٰبِرٰتِ وَالۡخٰشِعِيۡنَ وَالۡخٰشِعٰتِ وَالۡمُتَصَدِّقِيۡنَ وَالۡمُتَصَدِّقٰتِ وَالصَّآئِمِيۡنَ وَالصّٰٓـئِمٰتِ وَالۡحٰفِظِيۡنَ فُرُوۡجَهُمۡ وَالۡحٰـفِظٰتِ وَالذّٰكِرِيۡنَ اللّٰهَ كَثِيۡرًا وَّالذّٰكِرٰتِ اَعَدَّ اللّٰهُ لَهُمۡ مَّغۡفِرَةً وَّاَجۡرًا عَظِيۡمًا

    “Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so – for them Allah has prepared forgiveness and a great reward.” [Al Ahzab:35]

    This Aya represents the equality of the reward of the Islamic sincerity of men and women opposite Allah (swt). It is shown that it is not about the gender for Allah (swt), but about who is a Muttaqeen and directs his whole life in this world according to the rules of his Creator. Considering these facts, Muslim women should be aware that the month of Ramadan is a special month for us as well as for men, and that it is not primarily about the preparation of the most extraordinary foods, but about gaining Allah’s approval, to earn the greatest reward in this holy month where all good deeds are rewarded 70 times more, and belong inshaAllah to the righteous to whom Allah promised forgiveness and a great reward, as mentioned in the Aya above!

    Looking back at the history of Islam and Sahabah and Sahabiyyat, we get an Imagine ​​what was the month of Ramadan really about to the companions of the Prophet ﷺ, and how much Taqwa and sincerity were in their hearts. They fasted also like us, performed their prayers at nights, fed the poor and thus who fasted, and also gave Sadaqa. BUT they also led conquests in this holy month, make political deals and took care of the affairs of the entire Islamic Ummah.

    Some of the special Victory of Muslims in Ramadan were: The Battle of Badr (2 AH) which was on Friday 17th of Ramadan. Allah (swt) gave the Muslims a victory in this Battle. Also the Purification of Mecca (8 AH) was on 20th of Ramadan where the Treaty of Hudaibiyya had been broken and it was possible for the Prophet ﷺ conquering Mecca without a battle. The other victory was the Liberation of Spain (92 AH) which was under the tyrannical rule of King Roderic of the Visigoths. Tariq ibn Ziyad defeated the Visigoth army and began the Golden Age of Al-Andalus where Muslims ruled for over 700 years. The Fall of the Mongols (658 AH) was also in Ramadan. The Mongols were sweeping across Asia destroying everything in their path. Allah (swt) raised from the Mamluks of Egypt, Saifuddin Qutuz, who united the Muslim army and defeated Mongols at Ain Jalut. And the Liberation of Palestine (582 AH) where Salahuddin Ayyubi fought one of the most important battles in Islamic history. In a single day, the Muslims virtually routed out all the crusaders and liberated Palestine.

    Sahabah and Sahabiyat were involved in these big events. There are lore that Rufayda Bint Saad Al-Aslamiyya, who lived at the time of the Prophet Muhammad ﷺ, is often referred to as “the first nurse in Islam”, assisted the wounded during the Battle of Badr which was during the month of Ramadan. The other example is Laila al-Ghifariah. She took also part in battles, carrying water and nursing the wounded. Also a Sahabiya named Umm Dhahhak bint Masoud take part on the Islamic battles and she were even rewarded with booty in the same way as the men. Other example for us Muslim Women is Umm Salamah thus had the distinction of taking part in many battles of significance in the history of Islam. She was with the Prophet ﷺ during the Battles Bani Mustalaq, Ta’if, Khaybar, Hunayn and the conquest of Makkah which was during the Month of Ramadan. She was present at the signing of the historic treaty of Hudaybiyah or Ridwan theu oath of allegiance taken place.

    These are, of course, just a few examples that show that the Sahabiaht, who are role models for us, were courageous, sincerely and Taqwa-filled women who wanted to work in all areas of their life where they could advance Islam and so they did this also during the holy month of Ramadan. The Muslims of the past did not categorize their lives in phases and moods according to their own desires. They did not become spiritual emotionally in Ramadan and spent their time with praying, fasting and reading the Qur’an to satisfy their worship instincts. Rather, they were focused on Islam as a life order throughout their lives, and the only difference was that they valued the reward of Ramadan and therefore was the month of Ramadan very holy to them. But they continued to obey all orders of Allah (swt) during this month that they also performed otherwise.

    Thus, the Muslim Ummah should follow the path of the Muttaqeen of the past and internalize the real meaning of the month of Ramadan as the Sahabah and Sahabiyat of the time of the Prophet ﷺ did it.

    Consequently, the work for the reestablishment of the Khilafah (Caliphate) upon the method of the Prophethood, is for us Muslims during and outside of Ramadan, according to the reality that the Ummah has not a protector, an indispensable duty for the man as well as for the woman.

  • Oil prices, Erdogan’s visit to Britain, Malaysia’s Elections, Armenia

    بسم الله الرحمن الرحيم

    Answers to Political Questions
    Oil prices, Erdogan’s visit to Britain, Malaysia’s Elections, Armenia
    (Translated)

    First: The Question: Oil prices rose on 24/5/2018 to striking numbers, where the price of Brent crude reached $79 a barrel, and Texas crude at $71 a barrel. This is after the drop witnessed in 2014. Does this mean that the world has entered a new era of high oil prices? Are we heading towards the past similar rise of $150 a barrel? And what caused this?

    Answer:

    Oil, like any other commodity, is affected by supply and demand. However, unlike other commodities, the stability of oil prices is negligible. In other words, every change in supply or demand has a direct impact on the price of oil. This is due to the nature of the oil market. This is in addition to the impact of speculation, especially when political disturbances affect market instability. To illustrate this we show the following:

    1- Regarding the Supply:

    a- The Organization of the Petroleum Exporting Countries (OPEC) and non-OPEC countries have agreed to limit the supply of oil in the market. In an agreement between Russia and OPEC countries at the end of 2016, a decision was made to reduce crude oil production by 1.8 million barrels per day, to remove excess supply on the market and increase the price of oil. A study by OPEC’s Standard & Poor’s Global Plats revealed that OPEC’s crude oil production in April fell for the third consecutive month to its lowest level in a year, producing 32 million barrels per day last month, i.e. 140,000 barrels per day lower than in March. And today production is 32.73 million barrels per day, i.e. less than the OPEC limit by approximately 730,000 barrels per day. OPEC’s agreement will last for one year. If current conditions continue, the price of crude oil is likely to rise further. The head of long-term research at “ Energy Aspects” advisory, Matthew Barry said: “What we see happening, and will happen more in the future, is that supply problems or threats begin to impact more and more clearly on prices”. (https://www.marketwatch.com)

    b- The political and economic situation in Venezuela has had a significant impact on the country’s ability to achieve its production targets, producing 1.41 million barrels per day in April 2018, less than 80,000 barrels per day as of March 2018, and less by 540,000 barrels per day for the year 2017CE. One of the main reasons for the decline is the policy of the Venezuelan state; the oil company (PDVSA) had poor management, and last month (ConocoPhillips) won the case against the oil company (PDVSA) worth $ 2 billion, because of the confiscation of two oil projects in Venezuela. And (PDVSA) has already failed to repay its $ 2.5 billion debt. All of this has affected the Venezuelan state’s oil production and therefore has contributed to a reduction in supply. Thus prices are raised due to decrease in supply.

    c- President Trump’s announcement of a withdrawal from the nuclear agreement with Iran raised the prospect of new sanctions on the Iranian oil industry. A similar sanctions regime was first established in 2012 under the Obama administration. In theory, Iran’s production could fall by 20% or 500,000 to 400,000 barrels per day, which would be equivalent to about $1 billion per month at current prices (http://foreignpolicy.com). While the United States did not disclose what action it might take against Iran, there is speculation about a kind of sanctions regime targeting the Iranian oil industry.

    All these three measures contributed to the decline in supply and the result is the observed rise in prices.

    2- Regarding the Demand:

    a- There has been an increase in demand for oil, and the International Energy Agency expects global oil demand to rise from 97.8 million Barrels per day (bpd) in 2017 to 99.3 million bpd this year. The Paris-based International Energy Agency (IEA) raised its forecast for oil demand growth in 2018 earlier from 1.3 to 1.4 million bpd. This is after the International Monetary Fund raised its estimate for global economic growth this year and next year. The International Energy Agency said in its monthly market report that demand for oil grew by 1.6 million barrels per day in 2017 (https://www.reuters.com)

    b- Another area of growth in oil demand is China. In April 2018, it was expected that China would consume more than 9 million barrels per day of crude oil, more than any time before, and this is almost 10% of global consumption and more than one-third of the total demand in Asia. And if crude oil reached $ 75 a barrel, it means that the monthly import costs of China of more than $ 20 billion. This record demand comes despite the maintenance season, which usually a fall in imports happens at this time of year, and it shows that China’s oil requirements are greater than expected. Goldman Sachs Bank said in a note to customers: “Chinese demand indicates robust growth, and may be higher than current estimates” (https://www.reuters.com)

    Based on the above, there is growth in demand, which has resulted in the observed rise in prices.

    3- Speculation: Speculation is activated in the event of rapid changes in supply and demand for oil, in addition to market sentiment that is difficult to determine. Thus, speculation becomes clearer when there is a significant increase or decrease in the price of oil. Large hedge funds play a role in the oil market either by buying or displaying large oil contracts. Therefore, speculation is a double-edged sword that may affect the increase in demand and thus increase the prices and may affect the decline in demand and lower prices. In any case, the impact of speculations has not been significant in the current price increase, but the most predominant role was the issue of supply and demand as described above.

    4 – The rise in oil prices as the previous high numbers, such as reaching up to 150 or so, is unlikely to happen because the global economic conditions can not bear this, so it is expected that the price of oil will continue to rise slowly until it stops without reaching a hundred, especially that the impending trade war between the United States and China will lead to demand reduction and then oil prices will fall easily. In addition, the American pressure on OPEC through Saudi Arabia in particular to boost production would have a similar effect if prices rose to an undesirable level to America.

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    Second: The Question: Erdogan arrived in London on Sunday 13/5/ 2018 for a three-day visit. Erdogan met during the visit with Queen Elizabeth and Prime Minister Theresa May. Erdogan’s visit comes a few weeks before the early presidential and legislative elections in Turkey on June 24. It is known that Erdogan’s relationship with Britain is tense since the failed coup failed, so how did this visit surface and what is its purpose? Has it succeeded in its purpose?

    Answer: To demonstrate the purpose of the visit, we review the following:

    1- It is known that Erdogan seeks to consolidate his authority through the presidential system where the authorities lie in the hands of the President, while the country is under the state of emergency. The state of emergency in Turkey saw the arrest of 160,000 people and almost the same number of government employees has been arbitrarily dismissed in many cases. Since the failed coup against the Turkish government in 2016, thousands of dissidents, including officials, lawyers, police officers and academics have been removed; many of them are loyal to Britain.

    However, before departing Istanbul to London, on Sunday, (Erdogan described the United Kingdom as a “strategic partner and ally,” and he said he would discuss bilateral, regional and international issues with May on Tuesday, and he said it would include the latest developments in Cyprus as Turkey and Britain as its guarantors, as well as discussing the “joint action plan” in the Middle East. Erdogan also stressed that his visit would also focus on increasing trade between Turkey and Britain. “We want to continue our economic relations without interruption after Britain leaves the European Union,” he said. 13/05/2018 http://www.elfagr.com)

    2- It is understood from his statements that he discussed with May the regional and international issues, the latest developments in Cyprus and the plan of action in the Middle East, and increased trade between Turkey and Britain. As for the plan of action in the Middle East, it is not Erdoğan that May will discuss with these international issues. The focus of talks between the two sides on economic issues and increasing trade exchange between the two countries, as Erdogan said in a press conference at Istanbul’s Ataturk airport before leaving, is not true because economic and trade matters to increase the trade between two countries need an atmosphere of political stability between the two countries. And this does not exist, especially after the failed coup. What confirms this is that he did not announce the signing of any significant economic project during the visit. The issue of Cyprus remains, it is still possible to discuss it because the two sides are in guarantors of peace and security on the island, but this happens when there is tension on the island, which does not exist now. This means that all that Erdogan has declared as the purposes of his visit have no evidence, but rather a distraction from the real cause.

    3- The real reason can be known by studying the reality of events since the failed coup and link those events with the fact that the visit came before the elections, and then show the real purpose of Erdogan’s visit to Britain:

    – As for the reality of the events, it is known that the failed coup was effectively conducted by the British agents in Turkey. Erdogan has taken very harsh measures against the agents of Britain, especially in the army as stated in the question and more. This resulted in this great anger in Britain against Erdogan.

    – As for the fact that the visit came before the elections and the link between them, Britain has led the Turkish opposition parties loyal to Britain, led by the Republican People’s Party, to form an unusual coalition against Erdogan to obtain a majority in parliament, and it followed the usual tactics in such cases, i.e. to undergo parliament elections with as a coalition to attempt to transfer the presidential election to the second round at least, to show that Erdoğan lost to the majority of public opinion as he claims, and shake his image even if he succeeds later. This, of course, is Erdogan’s fear.

    Thus, the trip was more like appeasing Britain before the June 24th Turkish elections. This is why Erdogan tried to convince the British in exchange for some concessions, such as taking British agents out of jail, and praise Britain as a strategic ally, as in his statement, and to entice Britain by halting the wide “cleansing” campaign carried out by Erdogan against British agents in exchange for easing the confrontation of the British agents in the election campaigns. This is more likely the real reason behind Erdogan’s visit to Britain.

    4- Did he succeed in achieving his purpose? It seems that he failed, and the indicators are:

    “The trial of those who tried to topple a democratically elected government is right,” said May, standing beside Erdogan at her Downing Street office after the meeting. “But it is also important that Turkey does not ignore the values it seeks to defend while protecting democracy” … (16/05/2018 alarab.co.uk) That is, May criticized Erdogan in front of journalists while he is her guest!!

    – Freedom of expression groups protested were moved against Erdogan: “The protest in front of Downing Street government headquarters involved members of freedom-of-expression groups such as the “PEN”, the “Index to censorship”, and “Reporters Without Borders”. (Nafahat Al-Qalam page 15/05/2018), and pro-Kurdish activists carried banners bearing pictures of Erdogan and the word “terrorist” (Al-Ain Al-Akhbariyah, 15/05/2018)

    ===============

    Third: Question: The Malaysian elections took place on 9/5/2018. The result was the fall of Prime Minister Najib and the return of Mahathir to the presidency of the ministry, noting that he exceeded 90 years of age, as if there was a specific planning behind these elections. Were there external motives or that the subject as it is said a local democratic game?

    Answer:

    1- Malaysia comprises the southern part of the Malay Peninsula and the northern parts of Borneo Island. They are separated by a wide stretch of the South China Sea.

    Islam began to spread in the region through Muslim merchants in the thirteenth century CE, where rulers and elites embraced Islam first, before spreading among the general public. The Malacca Sultanate, which is located in the Malay Peninsula, gained prominence due to the increase in maritime trade when the land trade was interrupted by the Mongol invasions. The Sultanate gained independence from the Chinese influence in the fifteenth century CE, and soon embraced Islam and it was spread rapidly throughout the region due to the strength and status of this Sultanate. However, this region was colonized by the Portuguese through the Sultanate itself in 1511 after they bribed a person from inside to open the fort gate of the capital from the inside.

    Then the Dutch came in 1641 and the British colonization of the peninsula started in 1786 through trade and port chartering, and through Britain’s strategy of exploiting the different races of the “population” so that they become the actual rulers, keeping the remaining sultans to be largely symbolic rulers. The Malayan Union of the Peninsula achieved official independence from the British in 1957. The State of Malaysia was established in 1963 after the unification of the Malaya Federation with Borneo Island and Singapore (despite the dissolution of Singapore by voting in the Malaysian Parliament in 1965)

    2- It is clear that even after independence, Britain continued to have political control over Malaysia, for example:

    a- Malaysia remained a member of the British Commonwealth and a member of the Non-Aligned Movement (which it joined in 2003). It is also a founding member of the Association of Southeast Asian Nations and the Organization of the Islamic Conference, and Prime Minister Tonko Abdul Rahman was its first Secretary-General.

    b- In 1971, the five-force defense arrangements were signed between the United Kingdom, Australia, New Zealand, Malaysia and Singapore after the withdrawal of the British East Suez. It should be noted that in 1971, Australia was ruled by the Liberal Party, which remained pro-British during the twentieth century.

    c- Prime Minister Mahathir Mohamad opposed the establishment of the pro-American organization “APEC”, which was launched by Australia under the leadership of the pro-American Labour Party chairman Bob Hawke in 1989. Hawke’s successor is the leader of the Labour Party, and Prime Minister Paul Keating described Mahathir as “rebellious” for not attending the APEC Summit in 1993 in Seattle, USA.

    d- As an alternative to APEC, Mahathir Mohamad proposed in 1997 the formation of the East Asian Economic Community, which excludes America and Australia, but this idea failed and was later transformed into the East Asia Summit meetings, which included Australia but under the chairmanship of the pro-British liberal Prime Minister John Howard, however, America was excluded. (America and Russia were not able to join the group until 2011).

    3- Britain has noted that America is flirting with former Prime Minister Najib Razak and feared of his shifting towards America, although he was a minister in the former pro-British Malaysian governments and came from the same party, the Malaysian National Movement (MNM) that ruled Malaysia since Independence. Some indications of this concern include:

    a- Barack Obama visited Malaysia in April 2014, the first US president to visit Malaysia in nearly 50 years, where he decided to “upgrade the Malaysian-US relationship to a comprehensive partnership,” which was part of Obama’s Asia Axis policy.

    b- Nagib and Obama were friends playing golf together in Hawaii in December 2014. Obama visited Malaysia again in November 2015.

    c- Nagib strongly supported the Trans-Pacific Partnership, an American initiative, and insisted on US participation, and then worked with Japan to continue the Trade Point Program after the withdrawal of the United States during the Trump era. (Vietnam and Malaysia played key roles in saving the 11 countries in the Trans-Pacific Partnership Trade Agreement, which came close to collapse after the US withdrawal).[https://asia.nikkei.com/Economy/Vietnam-and-Malaysia-play-vital-roles-in-making-TPP- 11 ]

    4- As the 2018 election approached, it seems that Britain has once again turned to its old and devout servant (Mahathir Mohamad), who used the opposition platform to return to power, and so it was. Malaysia is now expected to move away from US policies and resume work to reduce US intervention in the region according to British policies.

    ================

    Fourth: Question: On 8/5/2018, the Parliament of Armenia approved the election of the opposition leader Nikol Pashinyan as prime minister, closing the page of more than three weeks protests against the pro-Russian government in Armenia. The question is how large is this political transformation in Armenia? Does this mean that Russia’s influence will be removed from Armenia? Does the West “Europe and America” have a role in this?

    Answer: To clarify these things we review the following:

    1- Armenia is a small country of “4 million people”. Its independence was part of the wave of the breakup of the Soviet Union in 1991. The Republican Party, whose leader was ousted by the protests, has ruled Armenia since 1999, and its leader, Serzh Sargsyan, has completed two terms since 2008. His rule is widely described as dictatorial and pro-Russian despite the presence of opposition parties with representation in parliament. And because the country’s constitution does not allow more than two terms for the presidency and in order to continue to govern, he sponsored constitutional changes that made the post of president honorary and transferred the actual authorities to the prime minister. As soon as his second term ended, President Sargsyan moved to become prime minister; (The Armenian parliament elected former Armenian president Serzh Sargsyan as prime minister, in a move that would strengthen his grip on power, despite the demonstration of thousands in Yerevan protesting his stay as the head of government.

    The parliament approved 63 year old Sargsyan to take the post. He won the new post with 77 votes for and 17 votes against, after his second and final presidential term ended last week…Al-Nahar, April 17, 2018). Popular protests against this appointment broke out, especially since the Sargsyan era was characterized by the economic hardship experienced by the Armenians and lack of opportunities available, primarily as a result of government corruption, which is added to the country’s lack of natural resources such as oil, gas and raw materials. The “Yelk” opposition party focused on all these issues and sparked the protests in Armenia, which soon highlighted a new “popular” leadership represented by the opponent Nicole Pachinyan.

    2- The protests in Armenia were mainly driven by the deteriorating economic situation under President Sargsyan. Like the other countries of the Soviet system, the administrative and financial corruption dominates the government in Armenia. Bribery is rampant in the government and it suffocated the people. People are unhappy with the ruling because of hardship in their livelihoods. They were counting the days for the end of Sargsyan’s second term. But he planned to return with the prime minister post! So people rebelled against his rule, and matters ended with his resignation and the appointment of Pashinyan as prime minister. As the economic issue is pressing and is accompanied by the local democratic issues, the new Prime Minister Pashinyan, in his formation of the government, stressed the need for parliamentary elections and that his government should embark on “wide-ranging reforms in various fields.”  Pashinyan earlier pledged “Democratization of Armenia”, the strengthening of the rule of law, the separation of special economic interests from the Government and the drastic improvement of the investment climate. (Armenian 14/4/2018).

    Thus, it is clear that the political change in Armenia was locally driven primarily.

    3- Reactions:

    A- During the protests, America announced that it was closely monitoring the situation in Armenia and it looks like it was considering possible opportunities to extend its influence there. After Pashinyan was installed as prime minister, (US State Department spokeswoman Heather Nauert said in a statement late on Tuesday: “The United States congratulates Nikol Pashinyan as the new Prime Minister of the Republic of Armenia” and she said: “The U.S. Department of State looks forward to working closely with the new government and with the people of Armenia on the many areas of shared interest between the two countries, including increasing trade, working in support of democracy and rule of law, and safeguarding regional and global security.” (Armenian News website 9/5/2018)

    B- Europe’s reaction: European Union foreign affairs and security policy representative, Federica Mugherini, made a phone call to Armenian Prime Minister Nikol Pashinyan.

    In a press release issued by the European Union (EU), Mugherini called on Pashinyan to visit Brussels at the earliest opportunity. The statement stated: European Commission Vice President Federica Mugherini spoke yesterday afternoon by telephone with Nikol Pashinyan to congratulate him on his election as the new Prime Minister of Armenia “They agreed on the importance of the partnership between the European Union and Armenia and looked forward to meeting in person,” The EU foreign policy chief, Federica Mogherini, also invited Pashinyan to visit Brussels “at the earliest opportunity”.(ARMENPRESS 9/5/2018).

    C- Russia’s reaction: after the election of Pashinyan by Parliament as prime minster on 8/5/2018: Russian President Vladimir Putin sent a cable of congratulations to Pashinyan in which he expressed his hope that the latter’s work would help consolidate the relations of partnership between Russia and Armenia and bilateral cooperation between the two countries within the framework of the Commonwealth of Independent States, the Eurasian Economic Community and the Collective Security Treaty Organization. Pashinyan had earlier expressed his conviction that the strategic partnership and military cooperation between his country and Russia are the basis for the security of the Armenian state. Pashinyan said in a special session in parliament that the strategic partnership with Russia will remain a priority to Aemenia. He said that his country would not exit from the Collective Security Treaty Organization, nor from the Eurasian Economic Union, which includes Russia, Kazakhstan, Belarus, Armenia and Kyrgyzstan. (Russia Today 8/5/2018).

    In order to reduce Russian fears in Armenia, Pashinyan said: “The political process that began in Armenia does not, in essence, have any geopolitical context.” He said: “Our movement is not guided by the interests of the United States or the European Union but rather the interests of Armenia and its people, he continued: “Our protest is not directed against Russia, as well as it carries no features of the Ukrainian event.” (DARAJ site 1/5/2018)

    4- Thus, it is clear that Russia’s chance to maintain its influence in Armenia is still present, so Russian President invited Pashinyan for a meeting in Sochi-Russia, and in their first meeting between them: Prime Minister Nicole Pashinyan told Russian President Vladimir Putin on Monday that he would like to develop relations more closely with Russia in the military field, and no one questions the importance of strategic relations between the two countries. (Reuters 14/5/2018)

    “I think that no one in Armenia has questioned and will never question the strategic importance of Armenian-Russian relations … We intend to give new impetus to these relations, politically, economically and commercially,” said Pashinyan. The Armenian leader in particular noted that the people of his country appreciated the highly balanced position taken by Russia during the recent political crisis in Armenia. (Russia Today 14/5/2018)

    And what reinforces Russia’s chances of maintaining its influence in Armenia is what we might call the “Armenian complex”, which is stopping the opposition from turning its back on Russia; Armenia is living in the vicinity of Muslims, and it has a constant sense of fear of its Islamic surrounding. It is next to Azerbaijan, where there is a conflict on the territory of Nagorno Karabakh, and Turkey that the Armenian accuses of committing large massacres there at the beginning of the twentieth century, as well as its proximity to Iran. Although Armenia is not in direct geographical contact with Russia, it is separated by Georgia from southern Russia, which is rife with Islamic separatism movements as in Chechnya. But Russia, as the closest international force, provided the Armenians with a sense of security in the face of the Islamic surrounding.

    Since its independence, Russia has been providing military support to Armenia especially against Azerbaijan in the Nagorno-Karabakh issue. It has been providing loans and grants for energy and fuel supplies. Armenia has a weak economy, dependent on aid and remittances from Armenians abroad. Armenia strongly trusts Russia to protect it from Islamic dangers, and thus it can be considered that Russian military bases in Armenia and strategic partnership with it are the cornerstone of Armenia’s foreign policy. Even the statements that emerged during the protests of some protesters about the withdrawal of the Russian military base in Armenia, that were reported in Russia Today on 26/04/2018, these statements are just to deflate the feelings of some of the unwary protesters of the reality of the opposition leader Pashinyan, as evidenced by his friendly practical statements in favour of the survival of the Russian military influence.

    5- In conclusion, the nature of the protests are local so that the opposition takes the ruling, and although the former ruling was tied to Russia, because Sargsyan was a “neck bone” for Russia and that Pashinyan was in the opposition and Sargsyan was closer to Russia, the power of protests made Russia accept the one furthest from it than the nearest! It rode the wave and accepted the opposition, with reassurance of the difficulty of breaking the Russian –Armenian influence by the West, for the reasons we mentioned above. However, it is not expected that the West, especially America, will leave the Armenian arena exclusive to Russia, as is customary in the international colonial conflict with its many malignant methods.

    10 Ramadan 1439 AH
    26/5/2018 CE

  • Baatil and Faasid Marriage Contracts

    Question:

    Bismillah Ar-Rahman Ar-Raheem

    Assalam Alaikum Wa Rahmatullah Wa Barakatuh

    Our Ameer, May Allah protect you.

    My question is what is the difference between the conditions of the validity of marriage and the conditions of the contracting of marriage? What effects do they have on the contract; when do they make the contract Batil and when do they make fasid? Jazak Allah Khair and May Allah grant you victory over your enemy, may Allah protect always.

    Answer:

    Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuhu

    1– We have explained this and in its details in the Social System in Islam book:

    The marriage is contracted by legitimate proposal and acceptance. The proposal is what originates initially from the statement of one of the two contracting parties. The acceptance is what originates secondly from the statement of the other contracting party,

    The sound contracting of marriage stipulates four conditions:

    The first condition is the occurrence of the offer and acceptance in the same sitting, where the sitting in which the offer was given is the same sitting in which the acceptance took place. This is if the two contracting parties are present together. If the two parties are in two different countries and one of them writes a letter to the other with an offer of marriage and the recipient of the letter accepts, then the marriage has been contracted. However, in such a situation, it is stipulated that she reads or lets someone read the letter out to two witnesses who are made to hear its wording. Or she should say to them so-and-so person has sent me a letter in which he has proposed to me and calls upon them in the same sitting to bear witness that she has given herself in marriage to him.

    The second condition for the contracting of marriage is that each of the two contracting parties should hear the statement of the other and understand it to mean that he wants to contract the marriage with this statement. If he did not know, either because he did not hear or did not understand, the marriage will not be valid. For example, if a man dictated to a woman the meaning of ‘I have married you to myself‟ in French whilst she did not understand the language, and she repeated the expression without knowing that the purpose of what she said was the contract of marriage, and the man subsequently accepted it, then the marriage will not be valid. If, however, she knew that the purpose of what she had said was a contract of marriage, then the marriage would be valid.

    The third condition is that the acceptance should not object to the offer, whether the objection is to the whole offer or part of it.

    The fourth condition is that the Shariah has allowed the marriage of one contracting party to the other, such as when the woman is a Muslim or from the People of the Book and the man is a Muslim and nothing else. If the contract meets these four conditions, the marriage will be valid. If any of the conditions is not met, the marriage will not come into effect. It will be void from its very basis. When the marriage is contracted, it must, in order for the marriage to be correct, satisfy the conditions of correctness which are the following:

    The first condition is that the woman should be suitable for the contract of marriage. “Like not marrying two sisters at the same time”.

    The second condition is that the marriage will not be correct without a guardian (wali) since the woman does not possess the right to give herself or give others in marriage. Similarly, she does not have the right to delegate anyone other than her guardian to give her in marriage. If she does this, the marriage will not be correct.

    The third condition is the presence of two sane, mature Muslim witnesses who hear the statements of the two contracting parties and understand that the purpose of the offer and acceptance statements is to contract in marriage. When the contract satisfies these conditions it will be correct. If any of these conditions are lacking, the marriage will be improper (fasid).) After that, we have made the evidence for these conditions clear in the book (The Social System). Based on this, it becomes clear that if one of the conditions of contracting marriage isn’t met, the contract will be batil, and if one of the conditions of validity isn’t met, the contract will be fasid.

    2- We need to understand the difference between Fasid (improper) and Batil (void). Batil (void) is what contradicts the Shariah rule in origin, i.e. it is prohibited, or that the contract lacks a required condition that its absence violates origin of the action (i.e., marriage in this case). Fasid (improper) is in agreement with the Shariah rule in origin; however, its attributes that do not violate the origin is what contradicts the Shariah.

    Fasid (contracts) are not found in the acts of worship; but Batil is found because the person who follows the conditions and elements finds them all related to the origin (of the rule). Rather, Fasid contracts can be present in the transactions. In the contracts, for example selling what is impregnated, which is in the stomachs of animals, is Batil from the basis because it is prohibited in origin, unlike someone who sells the one who is unaware of the price, like someone from the country side, it is a fasid sale; for ignorance of the price, and when he is in the market he will be given a choice; he can proceed with the sale or cancel it. In the example of shares in companies, they are Batil in origin because they don’t  have the Badan (physical effort) partner; they are free from a condition related to the original (rule), but if the partners participate in accordance with the conditions of the Shariah, but one of the partners insists that he gets an amount as a condition, the contract of the company is Fasid because it involves Garar (unknown element) in the attribute (detail) and not in the original (rule) because the partner has a proportion of the profit and not a certain amount; the company may lose. If they agreed on the percentage of profit, the contract will not be fasid any longer, and it will be a correct contract.

    Thus, there is no difference between Batil and Fasid in the acts of worship. Act of worship could be either valid (removing a sin) or invalid (not involving removing the duty). Prayer is either valid or invalid. However, in financial contracts that result in corresponding obligations or transfers of ownership, such as contracts of sale, leasing, transfer, companies and the like.

    As for marriage, Batil and Fasid contracts are both contrary to Shariah, but the Batil contract is annulled from the basis and is separate from its effects. If intercourse occurs, it takes the rule of the zina (adultery), and the child is not associated with the man who did zina; there will be no laws of Idda, nor the entitlement to dowry, nor women prohibited by marriage: It is Batil in origin. As for the Fasid contract, its violation of Shariah is in the conditions of validity and not in the conditions of the contract. Therefore, despite the sin that was inflicted on the two contracting parties, it has consequences if there was intercourse but if there wasn’t intercourse, there wouldn’t be any consequences. The consequences of fasid contracts that has intercourse include:

    The Dowry: Dowry is required in the Fasid Marriage on the condition that the marriage is consummated (i.e., by intercourse); the evidence for this is the saying of Prophet Muhammad ﷺ: «أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا…» “Any woman who gets married without the permission of her guardian (wali), her marriage will be void, her marriage will be void, her marriage will be void; if he (husband) consummates with her, she is entitled to the dowry due to his making permissible her private parts.” [Tirmithi] and it is said it is Hassan Hadith.

    In this Hadith the Prophet ﷺ entitled the dowry to the woman who is married through a Fasid Nikah (i.e. without the permission of her wali (guardian)) on the condition that the marriage is consummated because the Prophet linked the dowry to the consummation (i.e., intercourse): «فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا» “If he (husband) consummates with her, she is entitled to the dowry due to his making permissible her private parts.”

    There are other effects of the fasid marriage if there is consummation. But these entail details and differences in the school of thoughts, such as Iddah, lineage, inheritance and the prohibition of marriage (to certain women). Whoever wishes to learn more, they can go back and refer to the relevant references.

    Allah is Most Knowledgeable and Most Wise

    Your brother,

    Ata Bin Khalil Abu Al-Rashtah

    29 Jumada I 1439 AH

    15/2/2018 CE

  • Understanding Maqaasid al-Ahkaam ash-Shar’iah

    Allah (swt) sent Muhammad (saw) with the Islamic Sharee’ah as a mercy for mankind. He (swt) said:

    وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ

    “And We have not sent you, [O Muhammad], except as a mercy to the worlds” {Al-Anbiyaa’ : 107}

    And Allah Ta’Aalaa said:

    وَنُنَزِّلُ مِنَ الْقُرْآنِ مَا هُوَ شِفَاءٌ وَرَحْمَةٌ لِّلْمُؤْمِنِينَ ۙ وَلَا يَزِيدُ الظَّالِمِينَ إِلَّا خَسَارًا

    “And we have revealed from the Qur’an that which is a cure and mercy for the believers” {Al-Israa’ : 82}

    Allah (swt) sent His Messenger with Islaam, as a mercy to mankind, to bring them out from worshipping other than Allah to worshipping Allah and He (swt) organised their relationships with the best of systems.

    The aim and purpose of the Sharee’ah as a whole is therefore a Rahmah (mercy) for mankind. As the Sharee’ah represents a Rahmah. This means that the Sharee’ah as a whole came to bring and secure Masaalih (benefits/interests) and to repel Mafaasid (unbeneficial and corrupting/bad elements) in relation to the people generally when it is applied upon them. The Adillah (evidences) are explicit in respect to the Rahmah (mercy) representing the overall aim or objective of the Sharee’ah as a whole. That is whilst there isn’t any indication within these general evidences to indicate that the Rahmah represents the aim or objective of every single individual ruling in itself or of every text from amongst the Sharee’ah texts.

    Consequently, the overall Maqsad (aim) of the Sharee’ah is the realisation or accomplishment of the interests of the ‘Ibaad (servants/people) however these Masaalih (interests/benefits) are not what the human views to be representative of a Maslahah or benefit in accordance to his whims or desires but rather the Maslahah is that which is a Maslahah according to the scale of the Shar’a and not the scale of whims and desires. The ‘Ulamaa have classified these Masaalih into three categories:

    1 – Ad-Darooriyaat (essentialities/necessities):

    By these it is meant the Masaalih upon which the life of the people, the establishment of the society and its stability rests. If these Masaalih are not fulfilled or realised the system of life will become flawed and chaos and corruption will prevail. They will face hardship and suffering in this Dunyaa and punishment in the Aakhirah (hereafter). These Darooriyaat (essential matters) number five: Hifzh ud-Deen, Hifzh un-Nafs, Hifzh ul-‘Aql, Hifzh un-Nasl and Hifzh ul- Maal (preservation of the Deen, life, mind, progeny/lineage and property). Islaam has legislated Ahkaam for the preservation of each of these Darooriyaat (essential matters).

    – Hifzh ud Deen:

    The Islamic legislation does not force or compel anyone to enter into Islaam. Allah (swt) said:

     ۖلَا إِكْرَاهَ فِي الدِّينِ

    “There is no compulsion in (respect to) the Deen” {Al-Baqarah 256}

    And this was applicable after the Arab Mushrikeen entered into Islaam. However, in respect to the Muslim that apostatises from Islaam, he is discussed with and his repentance is sought for three days. Then, after that, if he persists upon his apostasy, he is killed. The Messenger of Allah (saw) said:

    Whoever changes his Deen, then kill him (Al-Bukhaari)

    That is because the Islamic Aqeedah is in harmony with the Fitrah (intrinsic nature) of the human being and built (or based) upon the mind (rationality). As such, the Murtadd (apostate) from this

    Aqeedah becomes like a manifestation of sickness that must be uprooted so that it does not infect the rest of the Islamic society. This relates to the preservation of the Deen.

    Islaam has considered Al-Fitnah (strife) in the Deen to be worse and more severe than killing. Allah Ta’Aalaa said:

    وَالْفِتْنَةُ أَشَدُّ مِنَ الْقَتْلِ

    “Al-Fitnah is worse than killing” {Al-Baqarah: 191}

    As such Islaam has legislated the following for the preservation of the Deen: The Da’wah (invitation) to it, repelling the assault or aggression against it and the obligation of Al-Jihaad against those who wish to negate it. Allah (swt) says:

     ۖ وَقَاتِلُوهُمْ حَتَّىٰ لَا تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ لِلَّهِ

    “And fight them until there is no more Fitnah and the Deen is to Allah” {Al- Baqarah 193}

    – Hifzh un-Nafs (preservation of the life):

    For the preservation of the Nafs (life) Islaam legislated all that which is required for its continuance or survival like food, drink and punishing the one who aggresses against it. Allah (swt) says:

    وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ

    “And you have in Al-Qisaas (law of retaliation) life” {Al-Baqarah: 179}

    It has also prohibited exposing the life to destruction by making suicide Haraam.

    – Hifzh ul-‘Aql (preservation of the mind):

    For the preservation of the mind Islaam has prohibited the drinking of Khamr or consumption of drugs (intoxicants). At the same time, it has encouraged and urged the pursuit of knowledge, contemplation and Ijtihaad, which are all matters that develop the intellectual capability within the person. Islaam commends those who are knowledgeable and attain knowledge:

    هَلْ يَسْتَوِي الَّذِينَ يَعْلَمُونَ وَالَّذِينَ لَا يَعْلَمُونَ

    “Say: Are those who know and those who don’t know equal (or the same)” {Az- Zumar: 9}

    – Hifzh un-Nasl (preservation of the progeny/lineage):

    For its preservation Islaam has legislated the prohibition of Zinaa and a punishment for its perpetrator. It has also prohibited Al-Qadhf (accusations against chastity) and legislated the punishment for the one who makes such accusations or claims (Al-Qaadhif). It prohibited abortion for other than a Shar’iy ‘Udhr (excuse) and encouraged marriage and the reproduction of many offspring.

    – Hifzh ul-Maal (preservation of the property):

    Islaam has legislated the prohibition of stealing and the Hadd (set punishment) for the thief in regards to the preservation of the property. It has also prohibited the damaging of property, provided restrictive legislation to safeguard the wealth of the Safeeh (foolish) and Majnoon (not of sound mind), made (private) ownership permissible and encouraged wealth growth.

    2 – Al-Haajiyaat (the needs):

    These are the matters that the people need to lift the hardship or difficulty (Haraj) from them and to lighten the burdens of the Takleef upon them. Allah (swt) said:

    يُرِيدُ اللَّـهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ

    “Allah intends for you ease and does not intend for you hardship” {Al-Baqarah: 185}

    So in relation to the ‘Ibaadaat the Takleef is in accordance to their capability whilst Rukhas (special permissions) have been legislated for them as a lightening for them in the case where there is a hardship upon them in respect to the ‘Azeemah (the obligation before the Rukhsah). Consequently, it made the Iftaar (breaking of fast) in Ramadhaan Mubaah for the traveller and the prayer sitting for the one incapable of standing amongst other such rulings.

    And in respect to the foodstuffs, the Tayyibaat (good things) were made Halaal for them and the Khabaa’ith (dirty/bad things) were made Haraam, whilst the one who is compelled to (Mudtarr) has been permitted to eat that which has been made Haraam upon him. Allah (swt) said:

    فَمَنِ اضْطُرَّ فِي مَخْمَصَةٍ غَيْرَ مُتَجَانِفٍ لِّإِثْمٍ ۙ فَإِنَّ اللَّـهَ غَفُورٌ رَّحِيمٌ

    “But whoever is forced by severe hunger with no inclination to sin – then indeed, Allah is Forgiving and Merciful” {Al-Maa’idah: 3}

    Within the area of the ‘Uqoobaat’ (punishments/penal-code) the following principle has been legislated:

    ‘Repelling the Hudood by doubts’

    And the Diyah (blood money) has been legislated upon the ‘Aaqilah’ (relatives of the killer) in relation to the unintentional killing as a lightening (of the burden) upon the killer.

    3 – At-Tahseenaat (improvements/betterments):

    These are the matters that improve the condition of the people conforming with the requirements of a sense of honour, dignity and noble virtuous morals.

    Consequently, in respect to the ‘Ibaadaat the purification of the body, clothing and place was legislated in addition to legislating caution in respect to the Najaasaat (impurities) and for the Muslims to pay attention to their adornment at every Masjid (i.e. where nice clothing.)

    In regards to the Mu’aamalaat Al-Ghish (swindling/cheating), fraud, deceit, Israaf and stinginess has been made Haraam. In addition, dealing with every kind of Najas (impurity) and Daarr (harmful matter) is prohibited. The Shar’a forbade a person conducting a trade over the trade of his brother and fixing prices amongst other matters.

    Similar to that applies in respect to the ‘Uqoobaat (punishments/penal code) whilst the killing of monks, children and women have been made Haraam in Al-Jihaad, just as mutilation, treachery, killing of messengers (envoys) and burning the dead or living has been forbidden.

    In relation to the Akhlaaq (morals) Islaam has demanded the person to be characterised with truthfulness (honesty), trustworthiness, patience, perseverance and righteousness whilst it has forbidden lying, cheating, deceiving, cowardice and lewd speech. The Messenger of Allah (saw) said:

    Verily, from those of you are most beloved to me and sat the closest to me (in seating) on the Day of Judgement are the best of you in Akhlaaq (morals/manners) (Al-Bukhaari and At-Tirmidhi).

    And the Messenger of Allah (saw) was asked about that which most enters (its possessor) into Al-Jannah (paradise) and he (saw) said:

    The Taqwaa of Allah and the good manners/morals

    (At-Tirmidhi which he classified as Saheeh).

    The Akhlaaq Al-Hasanah (good morals/virtues) as such are responsible for generating affection, respect and trust or confidence amongst the individuals of the society.

    The difference or disagreement amongst the ‘Ulamaa in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by Al-Maslahah (the interest/benefit)

    The ‘Ulamaa differed in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by the Maslahah into a number of groupings:

    1 – The first group:

    This group denied the Ahkaam Ash-Shar’iyah being reasoned by Al- Maslahah i.e. that the Maslahah is the motive or reason for the Hukm Ash-Shar’iy. In accordance to their opinion they say that it is possible for the Shaari’ (Legislator) to legislate a Hukm Shar’iy that does not have a Maslahah (interest or benefit) within it. Those holding this view are the Asha’irah (the followers of Abu-l-Hasan Al-Ash’ariy) and the Zhaahiriyah (the followers of Daawood Azh-Zhaahiriy).

    Despite that, they did however establish that an examination (of the texts and rulings) affirms that the Ahkaam Ash-Shar’i are all restricted to falling under a Maslahah from amongst the five matters: the preservation of the Deen, life, mind, progeny and property.

    2 – The second group:

    This group includes some of the Shaafi’iyeen and some of the Hanafiyah and they affirmed that the Maslahah is valid to be an ‘Illah (reason) for the Ahkaam Ash-Shar’iyah on the basis that it represents the ‘Amaarah’ (sign) of the Hukm but not the motive for the Hukm i.e. that it is closer to the Sabab than the ‘Illah.

    3 – The third group:

    This group includes the Mu’tazilah, the Maatureediyah and some of the Hanaabilah and Maalikiyah. They viewed that that Ahkaam Ash- Shar’i are reasoned by Masaalih without restriction (to the will of Allah Ta’Aalaa) on the condition that the reasoning does not demolish the text (i.e. go against it).

    My opinion in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by Al-Maslahah

    1 – The deduction of some of the ‘Ulamaa in respect to the bringing of interests (Jalb Al-Masaalih) and the repelling of harms or corrupted matters (Dar’u l-Mafaasid) being representative of an ‘Illah (Shar’i reasoning) for the Ahkaam Ash-Shar’iyah is an invalid deduction.

    The proof and evidence for that is that the Aayaat that they used for evidence in their deduction do not indicate ‘Illiyah (reasoning) whether in the form that they have come (Seeghah) or in respect to the reality.

    They used as evidence the Qawl of Allah Ta’Aalaa:

    وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ

    “And We have not sent you, [O Muhammad], except as a mercy to the worlds” {Al-Anbiyaa’: 107}

    The Aayah indicates that the sending of the Messenger (saw) represents a Rahmah (mercy) for mankind which means that the objective and purpose of the Islamic Sharee’ah in its overall description is to bring the Masaalih and repel the Mafaasid whilst the Aayah does not mean that the bringing of the Masaalih and repelling of the Mafaasid is representative of the ‘Illah of the Islamic Sharee’ah in its overall description or that it is the ‘Illah for every single Hukm Shar’iy in itself.

    That is because the Aayah guides to the result that comes as a consequence of the Sharee’ah which is the bringing of benefit and the repelling of the Mafaasid whilst it does not indicate that they represent the ‘Illah of the Shar’iyah. There is a difference between the result and the ‘Illah as the result relates to the consequence of the Hukm after its implementation whilst the ‘Illah is the reason or motive (Baa’ith) for the ruling itself i.e. the reason for which the Hukm was legislated. There is therefore a clear difference between the two.

    They also used as evidence the Hadeeth of the Messenger (saw):

    There is not Harming and reciprocation of harm in Islaam

    The most that this Hadeeth can indicate is the negation of the Mafaasid (corrupt and harmful matters) from the Islamic Sharee’ah as a whole whilst it does not mean or indicate Al-‘Illiyah (reasoning), whether it is in respect to the Sharee’ah (as a whole) or to any specific Hukm Shar’iy.

    Additionally, this Hadeeth was related to repel the harm from the people whilst the wording ‘In Islaam’ was not mentioned in it. Ibn ‘Abbaas (ra) said: The Messenger of Allah (saw) said:

    There is no harming and no reciprocating of harm, and it is for a man to place a wooden peg in the wall of his neighbour and if you dispute on the path then make it seven arm spans (in width) (Ahmad)

    The Hadeeth was therefore not within the subject area of the Maqaasid of the Sharee’ah but was rather related to preventing or repelling the harm (Darar). Consequently, there is no Dalaalah (implied indication) within it in relation to the subject of bringing the Masaalih and repelling the Mafaasid or to indicate that it represents an ‘Illah for the Ahkaam Ash-Shar’iyah.

    Even if the texts of the Qur’aan and the Sunnah have guided to the result that occurs from the implementation of application of the Islamic Sharee’ah manifested in the bringing of the Masaalih and repelling of the Mafaasid, they do not however indicate that they represent an ‘Illah (reasoning) for the legislation of the Sharee’ah or an ‘Illah for every Hukm Shar’iy in itself. As a result, the deduction based upon these evidences is not valid and falls down in respect to this subject area.

    2 – The Ghaayah (aim) or Nateejah (result) of the Islamic Sharee’ah to bring the Masaalih and to repel the Mafaasid is only realised from the Sharee’ah in its description as a whole. As for every Hukm in itself then this could be realised just as it may not be realised. So for example, in the lands of Islaam today and under the shade (or rule) of the man-made systems that have been established within them, it is seen that Ribaa, which is Haraam, has become a part of the economic life of the people and so any trader or factory owner who does not deal with Ribaa is afflicted by an economic harm. That is whilst it could be perceived that he would carry a burden of significant losses as the result of his adherence to his Deen, in which case he would be like the one who is holding onto burning embers of coals. So in this case where does the worldly benefit of Maslahah lie?! And where is the Maslahah in relation to the implementation of the Hukm that has been guided to in the Hadeeth of the Messenger of Allah (saw):

    The master of martyrs is Hamzah bin Abdul Muttalib and a man who stood before the unjust Imaam, then commanded him and forbade him, and so he (the ruler) killed him (At-Tirmidhi and Al-Haakim who said the Isnaad is Saheeh).

    Therefore, the acquisition of the Masaalih or the repelling of the Mafaasid do not represent the Ghaayah (aim) or result of the application of every Hukm Shar’iy in itself but rather they represent the aim or result of the Islamic Sharee’ah as a whole.

    3 – As for what occurs in terms of interests or benefits (Masaalih) as a result of the application of specific Ahkaam from the Islamic Sharee’ah, then this is not considered to be representative of a Daleel to support that the Ahkaam are Mu’allalah (reasoned) by the Maslahah. Consequently, the occurrence of a benefit or interest from marriage or trade or hiring, for example, could occur just as it may not occur. Someone could get married whilst he does not benefit or he could hire and lose out just as he could trade making a loss. Adherence and commitment to these Ahkaam emanates from the Shar’iyah Adillah (evidences) that have guided to them whilst they have not emanated from the premise that they bring a Maslahah or repel of a Mafsadah.

    As such, implicating or involving the acquisition of Masaalih or the repelling of Mafaasid in respect to the Ahkaam Ash-Shar’iyah as an ‘Illah for them or as a result has no place or justification for it, as it does not just represent an implication but rather represents a gross error that distances the people and particularly the Muslims from a precise or accurate adherence to the Ahkaam Ash-Shar’iyah. It attracts leniency in respect to this adherence just as it brings about errors in respect to the legislation and deduction of the rulings as a result of connecting or tying the Hukm itself within the (scope of the) Maslahah that has been perceived to be present in relation to the Hukm.

    4 – As for the Shar’iyah ‘Ilal (reasons) then from an examination of the Shar’iyah texts it is found that there are Ahkaam (rulings) that are Mu’allalah (i.e. containing an ‘Illah) just as there are rulings which do not contain an ‘Illah (legal reasoning) for them.

    The Ahkaam of the ‘Ibaadaat do not have a Shar’iyah ‘Illah for them. Consequently, the Wudoo’ and performing Ghusl from the Janaabah (state of impurity) was not legislated for the purpose of cleanliness because the address of the legislator does not indicate that ‘Illah. Similarly, the Salaah was not legislated to exercise the body and fasting was not legislated to improve the health of the fasting person, indeed someone could become ill from fasting… and so on.

    Other Ahkaam did come with an ‘Illah attached to them within the Mu’aamalaat (transactions) and ‘Uqoobaat (punishments). So the Shaari’ (Legislator) prohibited trade at the time of Salaat ul-Jumu’ah with the ‘Illah (reasoning) of distraction (Al-Ilhaa’) from the Salaah and the Shaari’ has permitted visiting graves after having forbidden that with the ‘Illah that the action reminds the person about the hereafter. The Shaari’ also forbade the Qaadi (judge) from judging whilst he is angry because his anger muddles his mind and influences his judgment. These ‘Ilal (reasons) could be stated in the text by the Shaari’ either Saraahatan (explicitly) or Istinbaatan (by way of deduction). That is because they are ‘Ilal Shar’iyah and not ‘Aqliyah and each ‘Illah from amongst the ‘Ilal is specific to a specific Hukm and does not extend beyond that to another Hukm.

    Therefore, the statement or opinion that Jalb Al-Masaalih (gaining the benefits) and Dar’u l-Mafaasid (repelling negative consequences) represents an ‘Illah for every Hukm Shar’iy is an opinion that has no basis for it, as the Hukm containing an ‘Illah must have a Shar’iy text indicating that ‘Illah.

    The confusion and error related to the extraction and deduction of the Ahkaam Ash-Shar’iyah led to a weakness in respect to the understanding of Islaam which led to the weakness of the Muslims and then to the weakness of their State and to its downfall in the time of the ‘Uthmanis. Precision and investigation is therefore necessary when taking or extracting the Hukm Ash-Shar’iy from its Daleel (evidence) and through utilising the correct method of Ijtihaad that the Sahaabah (rah) of the Messenger of Allah (saw) proceeded upon and the method proceeded upon

    Source: Al-Waadih Fee Usool ul- Fiqh (Clear Principles of Islamic Jurisprudence)