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Rape: An Expression of Power or Deviant Sexual Behavior?
The disturbing occurrence of rape incidents is a growing social problem, which unfortunately, only gets attention in the media after some horrific incident is reported. Usually, such an incident triggers a fierce debate on social and electronic media, which then compels the government officials and rulers to issue a few statements on this issue. However, once the debate subsides a little, the government becomes completely oblivious to the problem, as if it did not even exist in the first place. The issue of rape is not specific to Pakistan, but instead afflicts the entire world. The severity of this issue can be judged by the following facts:
- According to the World Health Organization (WHO), 7% of the population in UK – the majority of whom are women – have been sexually harassed. Furthermore, these numbers are continuously rising each year.
- According to Rape, Abuse & Incest National Network (RAINN), the largest American anti-sexual assault organization, which also sometimes works for the government, every one in six females and one in thirty-three males has been a victim of sexual assault. This situation is continuing to deteriorate.
- In Pakistan, Geo News reports that around 10,000 cases of rape have been reported between 2014 and 2017. These numbers, too, are continuously increasing.
- According to The News International, rape cases in big cities have seen a rapid increase between 2014 and 2020.
A minority, but nevertheless influential group in Pakistan, believes that rape incidents are a result of a patriarchal society, in which women are not considered as equals to men. They reason that such a society produces sexually-frustrated men who consider women to be subservient to them. They hence believe that they are free to use these women in whatever and however way they desire to the extent of their own sexual satisfaction. This group of people, thus, believes that rape is neither linked to an increase in nudity in the society nor a result of the adoption of a particular set of ideas imported from the West. In fact, this group believes that men and women should be free to establish consensual relationships between themselves in whatever way they please. Therefore, they label people who criticize nudity or the clothing choices of women influenced by Western ideals as rape apologists.
A closer examination of this narrative, however, reveals that it is shallow in nature, and also does not address the entire reality of this issue. Furthermore, this narrative is also influenced by Western thinking, which views society through the false lens of liberalism.
To understand the real reasons behind rape and other crimes in the society, one must develop a correct understanding, firstly, of the human nature which is the basis of human creation by their Creator and, secondly, of the way in which societies are formed. Allah (swt) has created all human beings, men and women, with a specific nature, and has made the survival of the human race dependent on the two of them co-operating and coming together. Both men and women are human beings and, as such, have all the characteristics that make them humans. One of these is the ability of every human being to think which, in turn, influences their actions. Another characteristic is that all human beings have a certain set of organic needs, such as need to take food and water, need to breath air and the need to relieve oneself, which are vital for life. Apart from these organic needs, human beings also have some instincts which, if left unfulfilled, may result in anxiety and discontent, such as the procreation instinct. These facts about human nature are definite, and true without exception.
Allah (swt) is the One Who has placed these instincts in human beings. Furthermore, He (swt) has also provided human beings with the correct means to satisfy these instincts. So Allah (swt) didn’t only create an instinct but He (swt) also provided means for its satisfaction. Moreover, Allah (swt) also guided towards ruling for the correct satisfaction of human instincts, be it the survival instinct, procreation instinct or spiritual instinct. Any old method to satisfy an instinct in itself is not necessarily correct. For example, every person has a survival instinct, which pushes him to find comfort for themselves in life, for which a person earns money and then buys essentials and luxuries. However, this does not mean that in order to satisfy one’s instinct, any method by which a person can get money, including stealing, looting, hoarding, smuggling or selling drugs, is correct. Obviously, this is not the case. So, then why is such a view, that a person should be free to fulfill their sexual desires by any means possible, including through incest, or bestiality, propagated in the case of the procreation instinct?
So then the real question is this: What should be the criteria to decide the correct ways to satisfy an instinct? Should the criteria be that two consenting adults, either of the same or opposite gender, be allowed to satisfy their needs in whatever way they want to, outside the bond of marriage, either by paying one another, or as partners? Adherents of the liberal Western thought would answer in the affirmative. However, then, by the same token, should it be allowed for a person to enslave another against a handsome amount of money, if the other person desperately wants this money for a better livelihood of their children? Should it be allowed for two consenting adults belonging to different countries, in the name of freedom, to exchange sensitive secrets of their respective countries in exchange for intimate relations?
Hence, some sort of criteria is required to determine what is right and what is not right for an individual to do. The question then is this: who should be given the authority to decide this criterion? And if humanity really has a Creator, then should that Creator not have a say in this?
When we look at the organic needs and instincts in human-beings more closely, we realize that the former do not require any external stimulus. For example, people will get hungry at some point of time, irrespective of whether they have good food in front of them or not. Instincts, on the other hand, require an external stimulus. However, if these instincts are not satisfied, then the person remains restless and dissatisfied. For example, seeing a mother caring for her child would trigger emotions in a childless person. However, when the mother and the child are not in front of that person, their emotions will subside. However, despite of this, the childless person will remain restless and may feel that something is missing from their life. The same is also true in the case of procreation instinct, which is stimulated when a person is confronted by a sexual stimulant, even if it is a construct of that person’s imagination.
Another aspect of human nature is the ability of a person’s thoughts and viewpoints about life to influence and shape their inclinations and instincts respectively. For example, a Muslim would not have sexual inclinations towards his mother and sisters, because of the way Islam and the society around him sanctifies these relationships. However, in the West, incest is relatively common. So, to develop the right sexual attitudes of individuals, it is necessary that the correct thoughts are propagated and established in society. Instead, declaring all individuals to be free will only push them to believe that they are free in whatever way they choose to satisfy their sexual needs, even to the extent of coercion and violence.
In light of the aforementioned thoughts, let us now look at the problem of rape more closely. Rape is an outcome of three factors:
- The person’s desire to fulfill their sexual needs.
- The person has a lack of the correct understanding of the way in which relationships between men and women should be organized, or an inclination of putting their desires ahead of this.
- The person has the ability to physically overcome and control the victim once s/he are within their reach.
A person commits the heinous crime of rape when these three factors come together. Liberalism seeks to promote all these three factors, despite its claims otherwise, whereas the Islamic social system provides an effective means to put a stop to them. Thus, rape incidents are extremely rare in a society that adopts Islam in its entirety.
As far as the first factor is concerned, Islam seeks to minimize external stimuli to a person’s procreation (or sexual) instinct. Therefore, Islam neither allows pornographic material, nor does it allow billboards that objectify women for material promotion. Islam does not permit partially-nude women to be paraded on the stages of events such as the Hum Style Awards. In public places, such as offices, both men and women are expected to conform to the Islamic code of dress and to interact with one another within the limits set by Islam. This protects the society from the sexual frustration that we are witnessing today all over the world.
This, however, does not mean that Islam does not recognize or suppresses a person’s procreation instinct. On the contrary, Islam encourages men and women to get married as soon as they reach puberty, so that they may satisfy their sexual needs as soon as possible. This helps prevent people from turning to sexually immoral means such as adultery and homosexuality. Allah (swt), says in the Glorious Quran. ﴿وَمِنْ آَيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً﴾ “And of His signs is this: He created for you helpmeets from yourselves that you might find rest in them, and He ordained between you love and mercy. Lo! Herein indeed are portents for folk who reflect.” [TMQ Surah Ar-Rum 30:21]). The Prophet Muhammad (saw) said: «يَا مَعْشَرَ الشَّبَابِ مَنْ اسْتَطَاعَ منكُم الْبَاءَةَ فَلْيَتَزَوَّجْ ، فَإِنَّهُ أَغَضُّ لِلْبَصَرِ ، وَأَحْصَنُ لِلْفَرْجِ ، وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالصَّوْمِ فَإِنَّهُ لَهُ وِجَاءٌ» “O young men, whoever among you can afford it, let him get married, for it is more effective in lowering the gaze and guarding one’s chastity. Whoever cannot afford it, let him fast, for it will diminish his desire.” [Agreed upon]
With regards to the second factor, the educational system and media within an Islamic society serve to inculcate the correct concepts about human instincts and needs, in both men and women. Hence, in an Islamic society, women will be viewed as those to be respected, whose honor must be protected as a life and death issue. A woman must be respected as a mother, daughter, wife and sister, rather than being objectified by having her sexuality and attractiveness exploited for advertising. Islam also prohibits homosexuality and considers it a heinous crime punishable by death, which previously invited Allah (swt)’s Wrath upon an entire society. Allah (swt) says in the Quran;﴿يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ﴾ “O humanity! Be mindful of your Lord Who created you from a single soul, and from it He created its mate,1 and through both He spread countless men and women. And be mindful of Allah—in Whose Name you appeal to one another.” [TMQ Surah Al-Nisa 4:1]). The Prophet Muhammad (saw) said, «خَيْرُكُمْ خَيْرُكُمْ لِأَهْلِهِ، وَأَنَا خَيْرُكُمْ لِأَهْلِي» “The best of you is the one who is best to his wife, and I am the best of you to my wives.” [Tirmidhi]
As far as the third factor is concerned, Islam seeks to minimize the number of opportunities where a corrupt-minded person can overwhelm a potential victim. Thus, Islam prohibits non-Mahram men and women to be in seclusion together, such as on a deserted road while travelling, in a house in the absence of Mahram relatives, or in schools, universities or offices during work. Abdullah bin Abbas (ra) narrated that he heard the
Prophet (saw) say during a sermon, «لَا يَخْلُوَنَّ رَجُلٌ بامْرَأَةٍ إلَّا وَمعهَا ذُو مَحْرَمٍ» “No man can be in seclusion with a woman except in the presence of a Mahram.” [Sahih Mulsim]). Similarly, the Prophet (saw) also said, «لا يَحِلُّ لاِمْرَأَةٍ تُؤْمِنُ باللَّهِ وَالْيَومِ الآخِرِ، تُسَافِرُ مَسِيرَةَ يَومٍ وَلَيْلَةٍ إلَّا مع ذِي مَحْرَمٍ عَلَيْهَا» “It is not lawful for a woman believing in Allah and the Hereafter to undertake journey extending over a day and a night except when there is a Mahram with her.” [Sahih Muslim]). Furthermore, Islam also prohibits mixed gatherings of men and women without any valid Shar’i reason. Thus, non-Mahram men and women can interact with one another for educational or business purposes, but they are not allowed to spend time in each other’s company for enjoyment and recreational purposes.
People who subscribe to the Western liberal school of thought ignore the first two factors that lead to rape, and instead fixate only on the third factor. Furthermore, the solution that they propose to solve this issue contradicts with Islam’s concept of a family. They further argue that the solution to this problem is to ‘empower’ women by creating women-only organizations that strengthen women’s voices for their liberal rights and oppose the social system of rights and duties prescribed by Islam. In this way, this group of liberal thinkers strives to destroy societies, as they have already destroyed the Western society, by pitching half of the population against the other half. Despite many feminist movements, Westerns societies are still a hotbed of rape incidents. One must also note that rape incidents in Pakistan have significantly increased in the past few decades, despite a decline in the so-called male-dominance.
Rape is neither a mental affliction, which requires some sort of medical treatment, nor does it stem from a tendency to oppress and exert dominance. Instead, it is a consequence of the corrupt thoughts and social atmosphere within people regarding the society, a lack of piety and neglect by the state in its duty develop Islamic personalities. Once a person employs the wrong means to satisfy their sexual needs, they then continue to walk down that path.
It is also not correct to say that rape is only a consequence of women not following the Islamic code of dress, since women who do follow this dress code are also raped. However, one of the primary goals of Pakistan’s liberal capitalist class has been to give women and men the choice not to observe the proper Islamic dress code. Thus, these sick minded people use rape incidents involving women who follow the Islamic dress code to attack clear Islamic injunctions on this matter. The point to understand here is that Islam’s injunctions do not work in isolation. Therefore, the problem of rape will not be solved by only enforcing the Islamic dress code on women, nor will it be solved by only introducing the Islamic punishments for such crimes. In fact, introducing Islamic punishments within the current system, with its rampant objectification of women, will only give the impression that they cannot solve this problem and hence they are useless. This is because Islamic punishments alone do not free the society from all those factors leading to rape, for which Islam has given separate rules. Therefore, the demand of Islamic punishments alone is an incomplete demand. This problem will not be completely solved unless and until the Western liberal capitalist system is completely purged from our society and replaced with the Khilafah (Caliphate) on the Method of Prophethood, which implements Islam comprehensively in all spheres of life. This is the only way to develop a chaste and virtuous society, which will be a beacon of light for the rest of the world.
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Q&A: We Take Astronomical Calculations in Determining Prayer Times We Do Not Use Them to Determine the Start of Fasting and Eid
Answer to Question
We Take Astronomical Calculations in Determining Prayer Times
We Do Not Use Them to Determine the Start of Fasting and Eid
To Abu Al-Asim Ash-Shami
(Translated)Question:
Assalamu Alaikum Wa Rahmatullah Wa Barakatuh our dear Ameer. This question has been on my mind for a long time. I hope that it will be clarified by you. I ask Allah (swt) to grant you health and wellness and that Allah (swt) grant you His great conquest.
Why do we take astronomical calculations in determining the times of the five daily prayers throughout the year and do not take astronomical calculations in determining the start of fasting and Eid?
Answer:
We have previously issued an answer to such a question on 25/11/2003, it stated:
[- Allah (swt) requested that we fast and break the fast when sighting the new crescent moon, and Allah (swt) has made the sighting the reason for fasting and breaking the fast. «صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ» “Fast when you see it and break your fast when you see it.” If we see the crescent moon of Ramadan, we fast, and if we see the crescent moon of Shawwal, we break our fast.
– The one who studies the texts mentioned about fasting will find that they differ from the texts mentioned regarding the prayer, as fasting and breaking the fast have been linked to sighting:
«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ»
“Fast when you see it and break your fast when you see it”,
(فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْه)
“So whoever sights [the new moon of] the month, let him fast it” [Al-Baqara: 185]. The sighting is the decider. But the texts on prayer have been linked to time
(أَقِمِ الصَّلاَةَ لِدُلُوكِ الشَّمْسِ)
“Establish prayer at the decline of the sun [from its meridian]” [Al-Isra’: 78]
«إِذَا زَالَتِ الشَّمْسُ فَصَلَّوْا» “Pray when the sun passed the meridian.” The prayer is dependent on the time, so you pray as soon as you verify the time by whatever means. If you looked at the sun at the time of passing the meridian (zawal) or if you observe the shadow and see that all things have the same size of their shadow or like it, as stated in the Hadiths of prayer times, if you did that to verified the time, the prayer is valid. If you do not do that, but calculate it astronomically, and find out that time of the sun passing the meridian is such-and-such, and you look at your watch without going out to see the sun or the shade, your prayer is valid. i.e., that you verify the time using any means. Why? Because Allah (swt), asked you to pray when the time enters, and left you to verify its entry without specifying how to verify it. As for fasting, He (swt) asked you to fast by sighting (the moon), and He (swt) specified the reason for you, but above that, He said to you: If the clouds obscure the vision and you could not sight it, do not fast even if the crescent is located behind the clouds and you are certain of its presence by astronomical calculations.
«حَدَّثَنَا آدَمُ حَدَّثَنَا شُعْبَةُ حَدَّثَنَا مُحَمَّدُ بْنُ زِيَادٍ قَالَ سَمِعْتُ أَبَا هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ يَقُولُ: قَالَ النَّبِيُّ ﷺ أَوْ قَالَ قَالَ أَبُو الْقَاسِمِ ﷺ صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلَاثِينَ»
Adam told us, Shu’bs told us, Muhammad Bin Ziyad said: I heard Abu Huraira (ra) say: The Prophet (saw) or Abul-Qasim said, “Start fasting on seeing the crescent (of Ramadan), and give up fasting on seeing the crescent (of Shawwal), and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.” [Bukhari] That is, if you do not see it, then complete the thirty days of Sha’ban,
– Allah (swt) is the Creator of the universe, and He (swt) is the one who taught man what he did not know. The knowledge of the movement of the celestial bodies and their minutes is from Allah’s grace on people. But Allah (swt), did not ask us to adopt the astronomical calculation for fasting, rather He (swt) asked us to sight the moon, so we worship Him (swt) as He (swt) requested, and we do not worship Him (swt) as He did not request.
Thus, the sighting alone is the ruling on fasting and breaking the fast, not the astronomical calculation. Accordingly, we say that it is not permissible to adopt the astronomical calculations in the issue of fasting and breaking the fast, but rather to adopt sighting only because it is mentioned in the texts.]
Your Brother
Ata Bin Khalil Abu Al-Rashtah22 Sha’ban 1443 AH
25/3/2022 CEThe link to the answer from the Ameer’s Facebook page
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Q&A: What the Shari’ah Kept Silent About Them
Bismillah Al-Rahman Al-Raheem
Q&A: From Usul ul-Fiqh: What the Shari’ah Kept Silent About Them
(Translated)
To: Yahya Abu Zeinah
=========Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
May Allah protect you our sheikh, help you to carry the trust, and support you with His near victory, with His (swt) permission.
First of all, I apologize for the many questions you receive from me. But we learned from the Hizb to dig and search so that our idea remains strong and pure, by the power of Allah Almighty.
A question in the Usul ul-Fiqh (principles of jurisprudence) about “what the shari’ah kept silent about them”:
It came in the hadith, as in al-Tirmidhi, on the authority of Salman al-Farsi, that the Prophet (saw) said:
«الْحَلَالُ مَا أَحَلَّ اللَّهُ فِي كِتَابِهِ وَالْحَرَامُ مَا حَرَّمَ اللَّهُ فِي كِتَابِهِ وَمَا سَكَتَ عَنْهُ فَهُوَ مِمَّا عَفَا عَنْهُ»
“The lawful things are the ones mentioned in Allah’s (swt) Book as lawful and the unlawful things are the ones which are mentioned in Allah’s (swt) Book as unlawful, and whatever He (swt) was silent about, then it is a pardon.”
Can we understand the silence in the hadith as being silent about the legislation during the period of revelation, i.e., before the completion of the legislation and the revelation of the Almighty’s verse:
(الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الإِسْلاَمَ دِيناً)
“This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.” [al-Maida: 3]?
It is well known that there is no Shari’ before the coming of the Shari’, and the origin is the quittance from the (Shari’) responsibility. At the time of revelation, Muslims were in front of rulings that had been legislated and the Shariah expounded their ruling as being permissible (Halal) or forbidden (Haram), where a Muslim would perform these actions based on the legislation and he will be held accountable for them. And there are actions and things for which legislation had not yet been expounded until it (the legislation) was completed, and this is what the Messenger (saw) intended by saying,
«…وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“And what he was silent about is a pardon”, meaning was silent about its legislation. It is a pardon, that is, a Muslim is not held accountable for it, whether he performs or abstains from the action. The Prophet (saw) forbade asking and researching things about which no legislation was revealed so that Allah would not make it tight on Muslims because of the question.
As after the completion of the legislation and the revelation of the Almighty’s saying:
(الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الإِسْلاَمَ دِيناً)
“This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.” [al-Maida: 3]. Because the Sharia contains all the verdicts pertaining to things and actions, so there is no action or thing that does not have a verdict or a place of verdict. A Muslim must ask and search for the ruling on every action he wants to do, contrary to what the Muslims were doing at the time of revelation.
Our beloved Sheikh, is this considered a correct understanding? Knowing that I adopt what is found in our book, The Islamic Personality, Volume 3, and I do not stray at all from it, Allah willing.
Answer:
Wa Alaikum Assalam wa Rahmatu Allahi wa Barakatuh,
It seems that there is a paragraph about which you got confused, which is your statement in the question: (And there are actions and things for which legislation had not yet been expounded until it (the legislation) was completed, and this is what the Messenger (saw) intended by saying,
«…وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“And what he was silent about is a pardon,” meaning was silent about its legislation. It is a pardon, that is, a Muslim is not held accountable for it, whether he performs or abstains from the action. The Prophet (saw) forbade asking and researching things about which no legislation was revealed so that Allah would not make it tight on Muslims because of the question).
The phrase
«…وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“And what he was silent about is a pardon”, does not mean that its Shari’ ruling was not revealed, rather it means that this matter about which the Messenger (saw) remained silent is permissible [Halal], i.e. permissible [Mubah] if the matter is a thing, or obligatory [Fardh], recommended [Mandub], permissible [Mubah], and reprehensible [Makruh], if it is an action… We explained this in our answer to a similar question on the 20th Jumada al-Thani 1434 AH corresponding to 05/05/2013 CE, and I will mention to you below from the answer what is related to this issue:
[1. The relevant hadiths are:
A. What al-Tirmidhi narrated from Salman al-Farisi who said: The Prophet (saw) was asked about ghee, cheese and fur. He replied:
«الْحَلاَلُ مَا أَحَلَّ اللَّهُ فِي كِتَابِهِ، وَالْحَرَامُ مَا حَرَّمَ اللَّهُ فِي كِتَابِهِ، وَمَا سَكَتَ عَنْهُ فَهُوَ مِمَّا عَفَا عَنْهُ»
“The lawful things are the ones mentioned in Allah’s (Swt) book as lawful and the unlawful things are the ones which are mentioned in Allah’s (swt) book as unlawful, and whatever He (swt) was silent about, then it is a pardon.”
And in the narration of Abu Dawud through Ibn Abbas:
«فَبَعَثَ اللَّهُ تَعَالَى نَبِيَّهُ، ﷺ وَأَنْزَلَ كِتَابَهُ، وَأَحَلَّ حَلَالَهُ، وَحَرَّمَ حَرَامَهُ، فَمَا أَحَلَّ فَهُوَ حَلَالٌ، وَمَا حَرَّمَ فَهُوَ حَرَامٌ، وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“Then Allah sent His Prophet (saw) and sent down His Book, so he made the lawful lawful, and the prohibited prohibited; so what He made lawful is lawful, and what he made unlawful is unlawful, and what he was silent about is a pardon.”
B. And in al-Bayhaqi’s Al-Sunan al-Kubra through Tha’alaba (ra):
«إِنَّ اللهَ فَرَضَ فَرَائِضَ، فَلَا تُضَيِّعُوهَا، وَحَّدَ حُدُوداً، فَلَا تَعْتَدُوهَا، وَنَهَى عَنْ أَشْيَاءَ، فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رُخْصَةً لَكُمْ، لَيْسَ بِنِسْيَانٍ، فَلَا تَبْحَثُوا عَنْهَا»
“Verily Allah the Almighty has prescribed the obligatory deeds, so do not neglect them; He has set certain limits, so do not go beyond them; He has forbidden certain things, so do not indulge in them; and He has said nothing about certain things, as a permit for you, not out of forgetfulness, so do not go enquiring into these.”
C. Tirmidhi and Daraqutni’s hadith on the authority of Ali (ra): When this Ayah was revealed:
(وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطاعَ إِلَيْهِ سَبِيلاً)
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.” They said: “Every year, Oh Messenger of Allah (swt)?” He (saw) was silent, so they said: “Every year?” He said:
«لَا وَلَوْ قُلْتُ نَعَمْ لَوَجَبَتْ»
“No, and if I said yes then it would become obligatory” And Allah (swt) revealed:
(يا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.” To the end of the verse.
And in another narration by Daraqutni on the authority of Abu Hurayra, he said that Allah’s Messenger (saw) said:
«يَا أَيُّهَا النَّاسُ كُتِبَ عَلَيْكُمُ الْحَجُّ»
“O people, Allah has made the hajj obligatory for you.” A man got up and said, ‘Every year, Messenger of Allah?’ He turned away from him, then the man repeated and said “Every year Oh Messenger of Allah (swt)?” So he said:
«وَمَنِ الْقَائِلُ»؟ “
Who is that who asks?” So they said: “This person,”
and he said:
«وَالَّذِي نَفْسِي بِيَدِهِ لَوْ قُلْتُ نَعَمْ لَوَجَبَتْ وَلَوْ وَجَبَتْ مَا أَطَقْتُمُوهَا وَلَوْ لَمْ تُطِيقُوهَا لَكَفَرْتُمْ»
“By He who my soul is in his hand, if I had said yes then it would be obligatory and if it was obligatory then you would not handle it and if you were not able to handle it then you would disbelieve.”
So Allah (swt) revealed the Ayah,
(يَا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُم)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.”
2. Before delving into their meanings it would be good to refer to some necessary points:
A. The differentiation between “thing and action” is a question of Usul ul-fiqh [the foundations of Islamic Jurisprudence] and not a linguistic question. Otherwise, saying a thing would include the action, and as such classify the Hukm Shari’ as fard [obligatory], and wajib [obligatory], mandub [recommended], mubah [permissible], makruh [reprehensible], haram [prohibited], manthoor, and rukhsa [permit], ‘azeema, shart [condition], sabab [cause], mani’, sahih, fasid, batil… these are terms of Usul ul-fiqh, so if you opened a linguistic dictionary for their meanings you would not find the meaning according to the Usul ul-fiqh.
And these terms of the foundations of Islamic jurisprudence originated after the time of the Messenger (saw) and the Righteous Caliphs (Khulafaa’ ar-Rashideen), like the grammatical terminology (subject and object)… so if we look in a linguistic dictionary we would find its meaning different from the #conventional grammatical meaning.
B. Therefore, if you read a hadith of the Messenger (saw) or his companions (ra) and find the word “thing” or the word “subject”, that does not mean the same in conventional terminology, so one must study it to see its correct significance where it falls: Is it a linguistic reality, or a special custom “convention”, or a Shar’i reality.
C. If the question is about particular phrases, and the answer was general independent of the question, then the generality is in the topic of the question that the answer addresses, and not specific to the phrases that are found in the question, for example the Sahih hadith that Tirmidhi related through Abu Sayeed al-Khudri, he said: It was said: Oh the Messenger of Allah (saw), Can we perform ablution out of the well of Buda’ah…? So, the Messenger (saw) said:
«إِنَّ المَاءَ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ»
“Water is pure and is not defiled by anything.”
So here the Messenger (saw) was asked about the well of Buda’ah, but the answer was independent of the well of Buda’ah, and the well of Buda’ah was not mentioned in it, only
«إِنَّ المَاءَ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ»
“Water is pure and is not defiled by anything.”
So, the generality is applied to the purification with water whether it is from the well of Buda’ah or from any well, and it cannot be said that the topic of generalization is the well of Buda’ah, instead it can be said that the answer is general and about its topic that is taken from the answer and not from the question, in other words it is taken from
«إِنَّ المَاءَ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ»
“Water is pure and is not defiled by anything.” and not from “the well of Buda’ah”, or the topic is purification with water, and the topic is not the well of Buda’ah…
3. And now we will answer your questions:
a. Tirmidhi’s hadith: The Messenger (saw) was asked about ghee, cheese, and fur, so he said:
«الْحَلاَلُ مَا أَحَلَّ اللَّهُ فِي كِتَابِهِ، وَالْحَرَامُ مَا حَرَّمَ اللَّهُ فِي كِتَابِهِ، وَمَا سَكَتَ عَنْهُ فَهُوَ مِمَّا عَفَا عَنْهُ»
“The lawful things are the ones mentioned in Allah’s (swt) Book as lawful and the unlawful things are the ones which are mentioned in Allah’s (swt) Book as unlawful, and whatever He (swt) was silent about, then it is a pardon.” And in the narration of Abu Dawud:
«…وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْوٌ»
“And what he was silent about is a pardon.”
So what is followed
“وَمَا سَكَتَ عَنْهُ…”
“whatever He (swt) was silent about” returns to the last part that is followed which is
“وَالْحَرَامُ مَا حَرَّمَ اللَّهُ فِي كِتَابِهِ”
“and the unlawful things are the ones which are mentioned in Allah’s (swt) Book as unlawful”, or that what he was silent about is a pardon from the haram, and is halal.
The generalization here is in its topic, but because the answer is more general than the question and independent of it then the topic is taken from the answer and not from the question, and therefore it includes everything that is halal or haram whether it is in regards to ghee and cheese and fur or a matter that falls under halal or under haram. This applies to everything that falls under “thing or action” according to the conventional_meaning, because if it applies to a thing, then halal here means “permissible”, and if it is applies to an action, then halal here is what is not haram, in other words what is “fard, mandub, mubah, makruh.”
b. Al-Bayhaqi’s hadith through Abu Tha’alaba (ra):
«… وَنَهَى عَنْ أَشْيَاءَ، فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رُخْصَةً لَكُمْ، لَيْسَ بِنِسْيَانٍ، فَلَا تَبْحَثُوا عَنْهَا»
“…He has forbidden certain things, so do not indulge in them; and He has said nothing about certain things, as a permit for you, not out of forgetfulness, so do not go enquiring into these.”
In this hadith are three matters:
The first:
“سَكَتَ عَنْ أَشْيَاءَ”
“He has said nothing about certain things.” And “things” here is not according to the conventional meaning, as in something other than an action, instead it includes actions, for example in the blessed Ayah:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَسْأَلُوا عَنْ أَشْيَاءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ وَإِنْ تَسْأَلُوا عَنْهَا حِينَ يُنَزَّلُ الْقُرْآنُ تُبْدَ لَكُمْ عَفَا اللَّهُ عَنْهَا وَاللَّهُ غَفُورٌ حَلِيمٌ﴾
“O you who have believed, do not ask about things which, if they are shown to you, will distress you. But if you ask about them while the Qur’an is being revealed, they will be shown to you. Allah has pardoned that which is past; and Allah is Forgiving and Forbearing.” And what was asked about was “the action of Hajj”. It is mentioned in the Tafsir of Qurtubi (330/6):
(Tirmidhi and al-Darqatni’s hadith on the authority of Ali (ra) who said: When this Ayah:
﴿وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطاعَ إِلَيْهِ سَبِيلاً﴾
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.” Was revealed they said: Oh Messenger of Allah, every year? So he was silent, so they said: Every year? He said:
«لَا وَلَوْ قُلْتُ نَعَمْ لَوَجَبَتْ»
“No, and if I said yes then it would become obligatory.” So Allah (swt) revealed the Ayah:
(يا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.” To the end of the verse.
And in another narration by Daraqutni on the authority of Abu Hurayra, he said that Allah’s Messenger (saw) said:
«يَا أَيُّهَا النَّاسُ كُتِبَ عَلَيْكُمُ الْحَجُّ»
“O people, Allah has made the hajj obligatory for you.” A man stood up and said, ‘Every year, Messenger of Allah?’ He turned away from him, then the man repeated and said, “Every year Oh Messenger of Allah (swt)?” So he said:
«وَمَنِ الْقَائِلُ»
“Who is that who asks” So they said: This person, he said:
«وَالَّذِي نَفْسِي بِيَدِهِ لَوْ قُلْتُ نَعَمْ لَوَجَبَتْ وَلَوْ وَجَبَتْ مَا أَطَقْتُمُوهَا وَلَوْ لَمْ تُطِيقُوهَا لَكَفَرْتُمْ»
“By He who my soul is in his hand, if I had said yes then it would be obligatory and if it was obligatory then you would not handle it and if you were not able to handle it then you would disbelieve” So Allah revealed the Ayah:
(يَا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُم)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.”) End.
And it is clear that what was asked about was Hajj, and it is an “action”, and the Aya about “things” was applied to it.
And the second:
“وسكت عن أشياء رخصة لكم”
“He has said nothing about certain things, as a permit for you”. And this followed
“وسكت…”
“He has said nothing…” Is returned to the nearest, followed on
“وَنَهَى عَنْ أَشْيَاءَ، فَلَا تَنْتَهِكُوهَا”
“He has forbidden certain things, so do not indulge in them”. In other words the permit is from the definitive forbidding “haram” rather than “indulge in them”, or what he was silent about was a permit for what is haram, so it is halal. If what was asked about it was a thing by conventional meaning, then it applies and then halal here is permissibility, and if what was asked about was an action by conventional meaning, then this applies and the halal here would be what is not haram, or what is “fard, mandub, mubah, and makruh..”
Third:
“فلا تبحثوا عنها”
“So do not go enquiring into these” It is connected to the followed
“وسكت عن أشياء”
“He has said nothing about certain things” On the followed by
“وَنَهَى عَنْ أَشْيَاءَ، فَلَا تَنْتَهِكُوهَا”
“He has forbidden certain things, so do not indulge in them”. Meaning it is halal, so do not look for its prohibition, and it does not mean to not look for its #judgment in terms of fard or mandub… because the meaning of the hadith is that what was silent about is halal, so do not look for its prohibition out of fear that it will be made haram because of your asking about it, as was mentioned in Bukhari’s hadith: On the authority of Sa’ad bin Abu Waqqas, that the Messenger (saw) said:
«إِنَّ أَعْظَمَ المُسْلِمِينَ جُرْمًا، مَنْ سَأَلَ عَنْ شَيْءٍ لَمْ يُحَرَّمْ، فَحُرِّمَ مِنْ أَجْلِ مَسْأَلَتِهِ»
“The most sinful person among the Muslims is the one who asked about something which had not been prohibited, but was prohibited because of his asking.”
…. 25th Jumada II 1434 AH corresponding to 05.05.2013].
It is clear from the foregoing that the silence of the Messenger (saw) does not mean the absence of legislation, but rather it means permissibility (ibaha), if the matter is related to a thing, and it means that it is Fardh, Mandub, Mubah, or Makruh, if the matter is related to an action, meaning that the silence of the Messenger (saw) is legislation as shown above. As for the prohibition on questioning, it is the case when the Messenger (saw) is asked about something and he answers or remains silent. If he answers than it means he expounded the hukm expressly, and if he does not answer or remains silent than it means that he has expounded that that thing or action its hukm is that it is halal. What is forbidden is to repeat and reiterate the question while the Prophet (saw) had answered it or remained silent about it.
This does not mean that a Muslim does not inquire about a thing or action that he does not know… It came in the book of The Islamic Personality (Shakhsiyah Islamiya) Volume Three: (There is No Hukm Prior to the Coming of the Revelation) the following: because the established (rule) in the Qur’an and Hadith for the lack of knowledge is inquiring about the hukm and not the cessation and absence of the hukm. The Exalted says,
(فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ)
“Ask those of Knowledge if you know not” [Al-Anbiya’: 7]; and the saying of the Messenger (saw) in the hadith of tayammum, narrated by Abu Dawud from Jabir,
«أَلاَ سَأَلُوا إِذْ لَمْ يَعْلَمُوا فَإِنَّمَا شِفَاءُ الْعِيِّ السُّؤَالُ»
“Don’t they ask when they do not know, for the only cure of ignorance is to ask.” This indicates that the ‘asl is not cessation and the absence of the hukm. Therefore, it is after the advent of a Messenger that it that the hukm becomes for the shari’ and there is no hukm prior to the coming of the shar’, so the hukm depends on the coming of the shar’, that is, on the presence of a shar’i evidence for a single issue. Thus no hukm can be given except on the basis of an evidence, just as no hukm can be given except after the coming of the shari’. The ‘asl, then, is to search for the hukm in the shar’, that is, the ‘asl is to search for the shar’i evidence for a shar’i hukm from the shar’.)
Therefore, it is forbidden for a Muslim to ask about an issue in which the Messenger (saw) has expounded its ruling and not to be satisfied by that, but to go too far in the question. So, if he (saw) says Haj is obligatory, one should not ask how many times? And if he is asked about a matter and the Messenger (saw) attached it to something else whose ruling is known, i.e. that it is permissible, then he must adhere to that and not ask again (Could it be an obligation?) or other such details, especially at the time of revelation, so he makes it hard on himself, and then Allah (swt) may make it hard him, as in the noble verse:
(يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَسْأَلُوا عَنْ أَشْيَاءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ وَإِنْ تَسْأَلُوا عَنْهَا حِينَ يُنَزَّلُ الْقُرْآنُ تُبْدَ لَكُمْ عَفَا اللَّهُ عَنْهَا وَاللَّهُ غَفُورٌ حَلِيمٌ)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you. But if you ask about them while the Qur’an is being revealed, they will be shown to you. Allah has pardoned that which is past; and Allah is Forgiving and Forbearing.”
– It came in Sunan al-Tirmidhi, when this Ayah was revealed:
(وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطاعَ إِلَيْهِ سَبِيلاً)
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.” Was revealed they said: Oh Messenger of Allah, every year? So he was silent, so they said: Every year? He said:
«لَا وَلَوْ قُلْتُ نَعَمْ لَوَجَبَتْ»
“No, and if I said yes then it would become obligatory.” So Allah (swt) revealed the Ayah:
(يا أَيُّهَا الَّذِينَ آمَنُوا لا تَسْئَلُوا عَنْ أَشْياءَ إِنْ تُبْدَ لَكُمْ تَسُؤْكُمْ)
“O you who have believed, do not ask about things which, if they are shown to you, will distress you.” He said: in the chapter, from Ibn Abbas and Abu Huraira, Abu Issa said the narration of Ali is Hasan and Gharib in this way.
– And it came in Sahih Ibn Hibban that Abu Hurairah mentioned that the Messenger of God, peace and blessings be upon him, delivered a sermon and said: The Messenger of Allah addressed the people and said:
«يَا أَيُّهَا النَّاسُ إِنَّ اللَّهَ قَدِ افْتَرَضَ عَلَيْكُمُ الْحَجَّ»
“Allah, the Mighty and Sublime, has enjoined upon you Hajj.” A man said: ‘Every year?’ He remained silent until he had repeated it three times.
Then he said:
«لَوْ قُلْتُ: نَعَمْ، لَوَجَبَتْ، وَلَوْ وَجَبَتْ مَا قُمْتُمْ بِهَا، ذَرُونِي مَا تَرَكْتُكُمْ، فَإِنَّمَا هَلَكَ الَّذِينَ قَبْلَكُمْ بِكَثْرَةِ سُؤَالِهِمْ، وَاخْتِلَافِهِمْ عَلَى أَنْبِيَائِهِمْ، فَإِذَا نَهَيْتُكُمْ عَنْ شَيْءِ فَاجْتَنِبُوهُ، وَإِذَا أَمَرْتُكُمْ بِشَيْءٍ، فَأْتُوا مِنْهُ مَا اسْتَطَعْتُمْ»
“If I said yes, it would be obligatory, and if it were obligatory you would not be able to do it. Leave me alone so long as I have left you alone. Those who came before you were destroyed because they asked too many questions and differed with their prophets.
If I command you to do something then follow it as much as you can, and if I forbid you to do something then avoid it.”
It was narrated by Ahmad in his Musnad and Al-Hakim in Al-Mustadrak, Al-Daraqutni and others…
Thus, Muslims should not be like Jews, who when they were told to slaughter a cow, they inquired about the characteristics and conditions of the cow. So, its characteristics were made hard for them, and had they in the beginning slaughtered any cow, that would have sufficed.
According to Al-Tabari: [The say in the interpretation of Allah (swt) saying:
(وَإِذْ قَالَ مُوسَى لِقَوْمِهِ إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تَذْبَحُوا بَقَرَةً قَالُوا أَتَتَّخِذُنَا هُزُواً قَالَ أَعُوذُ بِاللَّهِ أَنْ أَكُونَ مِنَ الْجَاهِلِينَ)
“And [recall] when Moses said to his people, “Indeed, Allah commands you to slaughter a cow.” They said, “Do you take us in ridicule?” He said, “I seek refuge in Allah from being among the ignorant.”” [Al-Baqara: 67] The cause of Moses’ saying to them:
(إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تَذْبَحُوا بَقَرَةً)
“Allah commands you to slaughter a cow”, what Muhammad bin Abdul-A’laa told us, he said, Al-Mu`tamar bin Suleiman told us, he said, I heard Ayoub, on the authority of Muhammad bin Sirin, on the authority of Ubaidah, he said: There was among the children of Israel a childless man (…) and one of his relatives killed him, and then carried him away and dumped him with a tribe which was not his own. He said: malice set in between the two tribes to the point where they took up arms.
He said: Then those who were reasonable said: Do you kill each other while the Messenger of Allah is among you? He said: So, they came to Allah’s Prophet, and he said: sacrifice a cow! They said: do you take us in ridicule? He said:
(أَعُوذُ بِاللَّهِ أَنْ أَكُونَ مِنَ الْجَاهِلِينَ * قَالُواْ ادْعُ لَنَا رَبَّكَ يُبَيِّن لّنَا مَا هِيَ قَالَ إِنَّهُ يَقُولُ إِنَّهَا بَقَرَةٌ)
, “I seek refuge in Allah from being among the ignorant. They said, “Call upon your Lord to make clear to us what it is.” [Moses] said, “[Allah] says, ‘It is a cow” [Al-Baqara: 67-68], up to His (swt) saying:
(فَذَبَحُوهَا وَمَا كَادُواْ يَفْعَلُونَ)
“So they slaughtered her, but they could hardly do it.” [Al-Baqara: 71] He said: So, the (corpse) was smitten, and he told them who his killer was. He said: The cow was only acquired for its weight in gold, and if they had acquired an inferior cow, it would been sufficient for them. After that no murderer was ever appointed as an heir…
He said: If when the people were commanded to sacrifice a cow, they had taken one of the cows without giving it any thought and slaughtered it, it would have been that one. And if the people had not made an exception and said:
(وَإِنَّآ إِن شَاء اللَّهُ لَمُهْتَدُونَ)
“And indeed we, if Allah wills, will be guided.” [Al-Baqara: 70] they would never have been guided to it…]
Thus, misplaced excessive questioning is forbidden.
I hope that this is sufficient, and Allah Knows Best and is Most Wise.
Your brother,”
Ata Bin Khalil Abu Al-Rashtah11th Rabii’ I 1443 AH
18/10/2021 CE -
Leaving Ramadan, What are Our Duties as Muslims?
Starting Ramadan, we enter wholeheartedly excited to enter in the Mercy of Allah and seeking forgiveness for all shortcomings and coming out of Ramadan cleansed from the sins and feelings of ill will, etc.
As we leave Ramadan with a heavy heart, we are also leaving it with a clean slate and a renewed sense of energy and taqwa.
Awareness and mindful actions based on the Islamic concepts that even though our Nafs may desire the Dunya and its temptations …we remain adherent to the Straight Path, bi’thinallah.
So how can we protect our Nafs and prevent ourselves from idleness (inaction/laziness), so that we meet the coming months with a strong resolve?
Let us start with the example of the first martyr in Islam Sumaya (ra), the mother of Yassir bin Ammar, in her deep conviction of belief and firmness in front of the heads of Kufr in Makkah, who spat on Abu Jahl when she refused to denounce Islam. Her strength serves as a lesson in upright deeply rooted conviction in La illaha illa Allah Muhammad Rasool Allah. From here we focus on our priorities where we worship Allah (swt) as if we see Him before our eyes in our every movement.
Islam as an ideology is welcoming to the heart and addresses the mind answering all the fundamental questions and this evident in the high numbers of people reverting to Islam throughout the world. Therefore we as Muslims need to realize that time is of the essence and to “profit” from making the best of this in the best way possible to make the circle larger. Therefore the first step is how to realise this aim is to step away from deliberate distractions.
What are the distractions? And how do we know we are affected by them?
Distractions may come in the form of love for the Dunya; running after the material leisure only to pant after more and more as it becomes an unquenchable thirst. Another distraction may be when one becomes unable to perceive or sense the reward of the Jannah or the Punishment of the Hellfire; the distance from the spiritual believing atmosphere. Another distraction is the despair from the Mercy of Allah.
Since everyone is held accountable to Allah and that we as Muslims are up against the Kufr where the Kuffar spend immeasurable amounts of time, energy, and money to minimize or remove the threat of Islam therefore this should give more motive to the Muslim taking lessons from the past prophets (as) and the Sahabah (ra) on how to resist and persevere on the spread of Islam and the reestablishment of the Islamic State. Driving us to be braver and more confident than ever before in the thoughts of Hizb ut Tahrir that are taken from the Aqeedah propelling us to the frontlines.
Sometimes it is necessary to change one’s environment especially for our children, this may include selecting the best of companions in order to be able to resist negative peer pressures and to prevent them from shying from their Muslim identities and non-normal activities like the carrying out the dawah and enriching their minds and personalities instead of wasting time on mindless things like screen addiction, following celebrity culture, or thoughtless un-Islamic activities that may harm the mind or body. Culturing the mind and feeding the Nafsiya requires time, self-motivation and constant follow up on behalf of the parents. This is not an easy task especially when the reward is Eternal Jannah.
Despair is something to be rejected. We are not to despair if one doesn’t sense the results immediately or what is sometimes called the “delay of the Nasr (victory)”. To dispel this saying, we need to reject this wholeheartedly …because we do not know the “expiration date” or the appointment for it be considered delayed. However this arose from the criticism of others of the Hizb ut Tahrir methodology and those who judge the Hizb dawah carriers. The Messenger ﷺ gave us the amanah (trust). The Messenger ﷺ said, «أَلا فَلْيُبَلِّغِ الشَّاهِدُ مِنْكُمُ الْغَائِبَ ، فَرُبَّ مُبَلَّغٍ أَوْعَى مِنْ سَامِعٍ» “So it is incumbent upon those who are present to convey it (this information) to those who are absent because the informed one might comprehend it (what I have said) better than the present audience, who will convey it to him.” Thus due to the numerous concrete evidences of the promise of Allah’s victory and the glad tidings of the Prophet ﷺ, we must fully reject this notion of “delayed nusrah” and instead point out the evidences that call for responsibility in carrying out the obligation of establishing Islam as a system.
On the authority of Anas, a man asked the Prophet ﷺ about the Hour (i.e. Day of Judgment) saying, “When will the Hour be?” The Prophet ﷺ said, «وَمَاذَا أَعْدَدْتَ لَهَا» “What have you prepared for it?” So here lies the wisdom, what are we doing in preparation for the Khilafah and the Day of Judgment and not the issue of the time as this is solely in the hands of Allah, the Most Wise and the Manager of All Affairs.
It is important that we don’t fall into the trap of the broken spirit or into procrastination, sadness, or depression. We need only to look at the example of the Prophet ﷺ when he felt exhausted and afraid in Taif yet he ﷺ was confident in Allah (swt) that victory is imminent and did not question his mission. He ﷺ strengthened his nafsiya with the dua and prayer. Allah (swt) says, فَإِمَّا يَأْتِيَنَّكُم مِّنِّي هُدًى فَمَنِ اتَّبَعَ هُدَايَ فَلَا يَضِلُّ وَلَا يَشْقَىٰ “When My guidance comes to you, those who follow it will not go astray nor will they endure any misery” [Ta-Ha: 123].
We as Muslims especially as dawah carriers must treat time as a fragile fleeting matter because we will be held accountable for our time and how we spent it and what did we to prepare for our Afterlife. Our Ajl is not in our hands with the knowledge of its expiration, as death knows no boundaries from time or health or age. It is a gift from Allah (swt) that we are blessed with another day and night to try to achieve the pleasure of the Creator and the aim of establishing the system of Islam through the establishment of the Khilafah Rashidah (rightly guided Caliphate) on the method of the Prophethood.
In summary, it is vital that we carry the renewed sense of energy with us after Ramadan for the following months with a clear purpose for our lives in establishing the crown of all obligations to remove the severe hardships and hellish oppressions from our Ummah and ourselves as if we lose our identity and purpose indeed we are lost in the Dunya and the Akhira. Holding onto the Quran as our source of strength and guidance and taking the Prophet Muhammad ﷺ and the other prophets (as) as our motivation, we are able to go out into our communities calling for the restoration of Islam with an unwavering resolve spreading the awareness that there is an alternative to the corruption around us and it is written that Islam will prevail as Allah promise is the Truth. Let us stamp out the idleness and hopelessness that has only sunk the Ummah deeper in regression and procrastination and take the responsibility head on and taking our rightful place…at the frontlines. Here lies the success.
وَكُلًّا نَّقُصُّ عَلَيْكَ مِنْ أَنبَاءِ الرُّسُلِ مَا نُثَبِّتُ بِهِ فُؤَادَكَ وَجَاءَكَ فِي هَـٰذِهِ الْحَقُّ وَمَوْعِظَةٌ وَذِكْرَىٰ لِلْمُؤْمِنِينَ
“(Muhammad), We tell you all the stories of the Messengers which will strengthen your heart. In the Quran We have revealed the Truth to you with good advice and reminders for the faithful ones.” [Hud: 120]
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Q&A: The Mind (‘Aql), Comprehension (Idrak) or Thought (Fikr)
Answer to Question
The Mind (‘Aql), Comprehension (Idrak) or Thought (Fikr)
To: Atmani Atmani Atmani
(Translated)Question:
Assalamu Alaikum Our honorable Sheikh: what is the difference between previous opinion and previous information in the thinking method. Noting that thought (fikr), comprehension (idrak), or mind (‘aql)do not occur except with the four elements: the sensation, the reality, the previous information and the brain capable of linking. What is the difference between the previous opinions and the previous information in interpreting the reality?
Answer:
Wa Alaikum Assalam wa Rahmatu Allahi wa Barakatuh,
1- As mentioned in the question, the mind (‘aql), comprehension (idrak), or thought (fikr) is the transferring of the sensation of the reality by the senses to the brain together with previous information by which this reality is interpreted. That is, the intellectual process is not completed until the four elements exist: the reality, the sensation of the reality (the senses), the appropriate brain to relate/connect (rabt), and the previous information about the reality or related to that reality …
2- In order for thinking to exist in people on this earth, Allah Almighty has provided Adam, peace be upon him, with previous information that explains the current realities on earth under study. It is stated in the book of The Islamic Personality Vol. III:
[As for the saying of Allah Ta’ala:
[وَعَلَّمَ آدَمَ الْأَسْمَاءَ كُلَّهَا]
“And He taught Adam all the name” [Al-Baqarah: 31], the meaning of this is the named things not the languages, i.e. He taught him the realities of the things and their qualities, it means He gave him the information that he uses to judge the things, because feeling the reality is not sufficient by itself to judge the thing and perceiving its reality, but it is inevitable to have previous information by which the reality is explained. So, Allah Ta’ala had taught Adam the names i.e. the named things, so He gave him information by which he can judge the things that he feels…] End.
3- And then ideas arose and followed from the first thought that occurred by Allah providing to Adam with the previous information, and then he used it to explain the reality of the thing under study with the other two elements present with him (the brain and the senses), and life continued to be full of broad areas of thought … Thus, the correct perception of how the first rational process took place in man will inevitably lead to belief in Allah (swt), and therefore the disbelieving movements that deny the existence of the Creator define the mind or thought by dropping the previous information! Although thinking about reality cannot take place without the presence of previous information that explains the reality, and this is known by necessity, but the disbelieving movements, such as the Communists, deny the previous information so as not to lead them to believe in the Creator, who provided Adam, peace be upon him, with previous information to establish the first thought in this life and then the thinking process followed. This is because the sensation of reality with the brain does not produce a thought without the previous information to explain the reality in question. The sensation of reality and a sensation plus a sensation plus a million sensations, regardless of the multiplicity of the type the sensations, only produces sensation, and no thought occurs at all. Rather, a person must have previous information by means of which he explains the reality he sensed in order for a thought to occur, and then the succession of thoughts, especially the first thought, leads to belief in Allah who provided Adam, peace be upon him, with the previous information …
4- This is with regard to the previous information. As for the previous opinions, they are judgments on reality that were previously issued by a person, either by his conducting the intellectual process and his judgment on reality, or by receiving those judgments from others throughinstruction or reading … etc., the previous opinions are thoughts about reality.
5- Thus, the difference between previous information and previous opinions can be summed up in two main differences:
Firstly: The previous opinions are the previous thoughts of a person that are a judgment on the reality under study, in whole or in part. As for the previous information, it is what can be used to explain reality without judging it, but only to interpret it, and it is one of the factors of thinking without which thinking is not done.
Secondly: The previous opinion is a pre-judgment about the reality that we want to think about, in order to find the right judgment in the opinion of the thinker, it is not right to be used in the rational process. What is used is only the previous information, thus preventing the presence and intervention of an opinion at the time of the thinking process. If the previous opinion (about the reality) was used it might cause error in the comprehension, because it might dominate over the information, leading to its misinterpretation, and thus error occurs in the comprehension. Therefore, it is necessary to notice the differentiation between the previous opinion and the previous information; where only the, information is used to exclusion of the opinion about the reality to be examined… It was mentioned in the book, Thinking (at-Tafkeer), p 21-3 (In the definition of the rational method (of thinking), a differentiation should be made between the previous opinions we hold about a matter and the previous information about it or that pertaining to it. In the rational method, it is inevitable that no opinion or opinions exist about the reality, rather what is necessary is the presence of previous information about it or related to it. So what should inevitably exist is the information and not the opinion….).
6- The following are two examples to clarify the aforementioned:
a- For example, if a book in the ancient Syriac language was given to someone who has no previous information about the Syriac language, and all his senses were made to fall on the book, by sight and touch, and this was repeated a million times, he still would not be able to understand a single word of the book unless he is given the relevant information about the Syriac language. Thereafter, he will start thinking and understanding… It is not correct to say this is specific to languages; and they are invented by man, hence they need information about them. This is because the subject matter is a rational process, and the operation is a process of the mind, whether in issuing a judgment, or in understanding a meaning or in understanding the truth (Haqeeqah). So, the rational process is the same in everything. …
b- If you want to discuss a political issue in order to get the right opinion about it, let it be, for example, the issue of Turkey’s interference in the events in Libya, sending mercenary fighters and supporting al-Sarraj and the reconciliation government with weapons and information … and there was a previous opinion that Erdogan’s support for the reconciliation government forces is because of his love for Muslims and his concern for the people of Libya and because he supports the armed Islamic movements and provides them with support … etc., this opinion is a judgment on the issue that you want to discuss and not just previous information about it, and the validity of the research requires you to abandon this previous opinion and study the issue within the available political evidence objectively… and then you reach the right opinion on the issue.
I hope this clarification will suffice, and Allah is Most Wise and He Knows Best.
Your brother,
Ata Bin Khalil Abu Al-Rashtah04th Ramadan 1442 AH
16/04/2021 CEThe link to the answer from the Ameer’s Facebook page.
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Ramadan is the Perfect Time for Restoration and Revival
Work in a dawah carrier’s life is intense and continuous. The dawn of realisation is not the destination, but actually it is the beginning of a long and often rough journey, though for the slaves of Allah every hardship is a milestone on the road to success. Ramadan is the perfect time to revive the sick soul and to carry out a survey of oneself and the world. As all the Muslims of the world are living under some form of kufr and are surrounded by un-Islamic norms and values which are difficult to fight at the individual level, the duty of a dawah carrier is not just to protect his own faith but to speak up and highlight the issues that are a hindrance in living the life of a Muslim.
The problems that we face today are no different from the problems of the earliest Muslims, of being abandoned by their own people, being labelled as insane or fanatics, facing social and economic restrictions, being persecuted and being tortured. What we need to see is that in history the persecution started with our beloved Prophet Muhammad ﷺ and his people coming out and proclaiming their faith, and such is the situation for the Dawah carrier of today. As soon as we follow the command of “Arise and Warn”, challenges start to pour in. If we challenge any action of the state we’ll see the same reactions as of the authorities of Makkah. Muslims of today are allowed to get the worldly benefits as long as they keep their faith to themselves, and that too if they remember that mentioning or displaying it in public is considered extremism. We have Muslims living directly under the oppressive non-Muslim regimes like China, where performing of basic worshipping acts like fasting and praying is a crime or we have Muslims living under western liberal system where their faith is enough to pronounce them a terrorist. Then we have Muslims living in so-called Muslim countries and still not being able to live a life that Islam demands and then being persecuted for asking for it. We also have our Muslim brothers and sisters who have been victims of war either because they have oil or they have some strategic importance for the material grabbing vultures. Muslim refugees from around the world trying to flee from their war trodden homes. Their only crime is their faith and for them it’s either brutal death or humiliating life in the refugee camps. In all these situations first impact of trying to be a practicing Muslim is of “cutting down of options and opportunities”. From the early education to the job opportunities, social adjustments and everyday living, challenges wait everywhere. Even if the truth you speak touches the hearts of the others, fear of authorities and the consequences of challenging them is too strong for the people to join hands. If the legacy of cruelty of Ummayah Bin Khalf continues in so many forms today, we need to keep the strength of Bilal (ra) alive as it wasn’t the tyranny that won, but the persistence of Bilal and the help of another Muslim, Abu Bakr Siddiq (ra), that saved Bilal and many others.
For revival along with the patience of Bilal, generosity of Abu Bakr and steadfastness of Sumayya (ra) we also need the Bravery of Umar Farooq, whose real test started after he embraced Islam and carried on with the flag of Muhammad and expanded it around the world as Caliph. The challenge for today’s brave man is to recognise his real strength and to know that being a soldier of Islam is very different from fighting someone else’s war. Revival also demands the loyalty and trust of Ali bin Abi Talib. Umar bin Abdul Aziz is an example of how, by sticking to the basis of Islam, we can revive it even if all the odds are against us. The example of Sultan Abdul Hamid II is of how, like a true Captain of the ship, he not only delayed the sinking but also sailed smooth for some time and made it difficult for the enemy to destroy.
Headed by the Islamic State, the Muslim Ummah was a huge body, and it took a lot of malice and power to bring it down. It demands equal energy and alertness to rise up again, but once it has risen, it will inshaAllah shake the world and bring justice to it. As Ramadan is the month of extra reward we also must try to put extra effort to bring this change about. That implies that we must carry the Dawah with even more persistence and enthusiasm than in the rest of the year. وَلَـنَبۡلُوَنَّكُمۡ بِشَىۡءٍ مِّنَ الۡخَـوۡفِ وَالۡجُـوۡعِ وَنَقۡصٍ مِّنَ الۡاَمۡوَالِ وَالۡاَنۡفُسِ وَالثَّمَرٰتِؕ وَبَشِّرِ الصّٰبِرِيۡنَۙ “Be sure we shall test you with something of fear and hunger, some loss in goods or lives or the fruits (of your toil), but give glad tidings to those who patiently persevere.” [Surah Al-Baqara: 155]
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Q&A: Difference Between Da’wah and Work
Answer to Question
Difference Between Da’wah and Work
To: Fahmi Burhan
(Translated)Question:
Assalamu Alaykom Wa Rahmatullah Wa Barakatuhu,
I would like to enquire about the meanings of “Da’wah” and “work” please.
The author mentioned in the book, Structuring of a Party: “We believe that the only true philosophy for revival is an ideology (Mabdaa’) that encompasses both the idea and the method. This ideology is Islam because it is an Aqeedah (doctrine) from which emanates a system governing all the affairs of the State and the Ummah, and a solution to all of life’s problems. Although Islam is a universal system, it is not part of its method to start working on a universal scale towards its implementation. Islam should be propagated universally while working to implement it must be confined to one or several countries until it becomes firmly established. Once established, the Islamic State would naturally grow until it encompasses all the Islamic countries…etc.”
I understood from this text that there is a difference between Da’wah and work, as if they had a special term for the Hizb. And that is where he said that it is the way of Islam not to operate globally, but rather that it must be called universally from the beginning. And the author also said in another place in the book The Party Alliance: The weather turns hot and cold on it, the winds blow over it and the winds blow over it, and the weather alternates with clear and cloudy weather. The process of advocacy and work from a party bloc to an integrated principled party … etc.
Hizb ut Tahrir also mentioned in the book, “The Starting Point: Therefore, the Da’wah must be done through the Hizb and in the name of the Hizb, i.e. the Da’wah is for Islam, and the work is for the resumption of the Islamic way of life, but the one who carries the Islamic Da’wah and works for the resumption of the Islamic way of life is Hizb ut Tahrir.”
So my question is:
1. Does Hizb ut Tahrir have a special concept/understanding on “Da’wah” and “work”?
2. And is there a difference between “Da’wah” and “work”?
May Allah reward you immensely with the establishment of the Islamic Khilafah. Please forgive me if I misunderstood the texts and I ask you to kindly correct me if I misunderstood them. May Allah bring His victory soon, and only then will the believers rejoice.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuhu,
Yes, there is a difference in the context you are enquiring about in the book, Concepts of Hizb ut Tahrir, between “Da’wah to Islam” and “working for Islam”, Da’wah to Islam means carrying, delivering and explaining its ideas, as for “working for Islam”, it means working for its practical implementation in life, state and society.
The method to do so is by establishing a political party who carries Islam by working in a region or multiple regions for the sake of changing its society, implementing the State and take ruling… then carry the Da’wah through the State to unite the Muslim lands and spread and implement Islam in the whole world… this difference is outlined in the Structuring of a Party, in the paragraph you provided and in the paragraphs that follow, as follows:
“We believe that the only true philosophy for revival is an ideology (Mabdaa’) that encompasses both the idea and the method. This ideology is Islam because it is an Aqeedah (doctrine) from which emanates a system governing all the affairs of the State and the Ummah, and a solution to all of life’s problems. Although Islam is a universal system, it is not part of its method to start working on a universal scale towards its implementation.
Islam should be propagated universally while working to implement it must be confined to one or several countries until it becomes firmly established. Once established, the Islamic State would naturally grow until it encompasses all the Islamic countries. Then the state would propagate Islam to the rest of the world, because the Islamic State must convey the Islamic da’wah as an eternal and universal message for all mankind, as this is its message and an immortal universal humanitarian message.” Ends.
Also, the book Concepts of Hizb ut Tahrir further explains this matter:
[In order that the action be productive it is necessary to define the place where to commence the action, and the people with which the work is to be started. Indeed Islam is universal and views to all humanity and humans as being equal. In the Da’awa it gives no weight to the difference of environment, situation and place etc. Islam considers all mankind having the ability to embrace the da’awa, and it considers Muslims responsible for carrying this da’awa to all of mankind. But, despite this, the initiation to carry Islam does not start globally, for if such a start is undertaken it will fail and will not lead to any result. Instead, it should start with the individual, and end with the world. Therefore, the da’awa should be carried in a place where it has the potential to be well established and becomes the starting point. This place, or any other place where the da’awa was established is then considered as a launching point from which the da’awa will proceed on its course. This place or other places, are then considered as the established point in which the state will be established. The da’awa being well established in this will then proceed in its natural way: the way of jihad.] Quote from the book Ends.
Thus, the difference between “Da’wah to Islam” being a global system that is fit to be carried and called for and delivered to people everywhere in the world, and between “working for Islam” by limiting the place of potential to one or more countries in the world, in order to change society in it and establish the state that rules by Islam and carries it to the world through Da’wah and jihad.
I hope the matter has been clarified.
Your brother,
Ata Bin Khalil Abu Al-Rashtah21st Rajab al-Khair 1442 AH
05/03/2021 CEThe link to the answer from the Ameer’s Facebook page
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The Obligation of the Takattul (structure) in Relation to the Return of the Khilafah
بسم الله الرحمن الرحيم
The Muslim Ummah has become well aware that the resumption of the Islamic way of life through the re-establishment of the Khilafah (Caliphate) is the most vital issue facing them today since it is the Khilafah that will establish the prayer, unify the Islamic lands, and implement the Shari’ah on earth. Throughout the entire world, the Ummah is calling and yearning for its return so that the light of Islam that guided the world in the darkest of ages returns to enlighten humanity once again.
However, what must be realized is that the responsibilities of the work to re-establish the Khilafah rests on the shoulders of all the Muslims. No Muslim on the face of this earth has an excuse to abandon the duty of establishing the Deen which Allah (swt) has ordered, that is, the establishment of a Khilafah for the Muslims, when there is no Khilafah on earth, and no one to implement the Hudood (limits) of Allah (swt) to protect the sanctities of Allah (swt), and no one to implement the laws of the Deen, and unify the Muslim lands and its people under the banner of La ilaha illa Allah, Muhammad ur-Rasul Allah. There is no permission in Islam given to any Muslim anywhere to abandon the work for this duty until it is indeed accomplished.
The Khilafah is a general leadership for all the Muslims in the world. Its role is to establish the Islamic Shari’ah and to carry the Dawah of Islam to the whole world. The establishment of a Khilafah is an obligation upon all Muslims in the world. Performing this duty, like any of the duties prescribed by Allah (swt) upon the Muslims, is an urgent obligation in which there can be no choice or complacency. Negligence in performing this duty is one of the greatest sins, for which Allah (swt) punishes severely.
The evidence that the appointment of a Khaleefah is obligatory upon all Muslims is found in the Sunnah and the Ijma’a (consensus) of the Sahaba. As for the Sunnah, it is reported by Muslim on the authority of ‘Abdullah ibn ‘Omar (ra) that the Prophet (saw) said
«من خلع يداً من طاعة لقي الله يوم القيامة ولا حجة له، ومن مات وليس في عنقه بيعة مات ميتة جاهلية»
“Whosoever takes off his hands from allegiance to Allah (swt) will meet Him on the day of Resurrection without having any proof for him, and whosoever dies whilst there was no bay’ah on his neck (to a Khaleefah), dies the death of Jahiliyyah (ignorance).”
So the Prophet (saw) made it compulsory upon every Muslim to have a Bay’ah on his neck, and described whoever dies without a Bay’ah on his neck that he dies a death of Jahiliyyah. The Bay’ah cannot be for anyone except the Khaleefah, and the Prophet (saw) made it obligatory upon every Muslim to have on his neck a Bay’ah to a Khaleefah. Yet he (saw) did not make it an obligation upon every Muslim to give Bay’ah to a Khaleefah. The duty is the existence of a Bay’ah on the neck of every eligible Muslim, i.e. the existence of a Khaleefah who accordingly deserves a Bay’ah upon the neck of every Muslim. So it is the presence of the Khaleefah which places a Bay’ah on the neck of every Muslim, whether the Muslim gave a Bay’ah to him in person or not. Therefore, this Hadith of the Prophet (saw) is an evidence that the appointment of the Khaleefah is an obligation and not an evidence that giving the Bay’ah is obligatory. This is because the Prophet (saw) rebuked the Muslim who has no Bay’ah on his neck until he dies, not the one who did not give Bay’ah.
Furthermore, the establishment of Islam and the implementation of the Shari’ah rules in all walks of life is compulsory on Muslims through definitely proven evidences. This duty cannot be achieved unless there is a ruler who has an authority.
The Prophet (saw) has stated in one Hadith as narrated by Imam Bayhaqi (ra) in his Sunan that,
«وإقامة الحدود من حق الدولة وأنه لا يجوز الافتئات على حقها»
“Nobody has the right vested in him to establish anything from the Hudood without the Sultan (authority of the State)”.
Imam Tahawi also narrates that Muslim ibn Yasar said: Abu ‘Abdillah, a man from the Sahabah said,«الزكاة والحدود والفيء والجمعة إلى السلطان» “The (collection of the) Zakak, the (implementation of the) Hudood, the (distribution of the) spoils and the (appointment of) Jumu’ah are for the Sultan”.
Hence, the obligation of establishing the Khilafah is the obligation upon which many other obligations rest, such as the Hudood (penal codes), collection and distribution of the Zakah, the organizing of the main Jumu’ah and it’s Khateeb and other obligations besides these. The removal of kufr depends upon the resumption of the Khilafah.
Establishing Islam in actuality means the establishment of the Khilafah as that is the only method of implementing Islam. Indeed, without the Khilafah, the Deen cannot exist in our societies. Hence, the whole of Islam depends upon the Khilafah as that is the method that Islam defined to bring it into existence.
Islam has legislated a methodology for the resumption of the Islamic life through the re-establishment of Khilafah and this has been guided to us by the Qur’an Al-Kareem and the Sunnah An-Nabawiyah.
(وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى ٱلْخَيْرِ وَيَأْمُرُونَ بِٱلْمَعْرُوفِ وَيَنْهَوْنَ عَنِ ٱلْمُنكَرِ وَأُولَـٰئِكَ هُمُ ٱلْمُفْلِحُونَ)
“And let there be, from amongst you, an Ummah that calls to the Khair (i.e. Islam), orders the Ma’rouf and forbids the Munkar, and they are those who are successful” [3:104].
Allah (swt) has commanded the Muslims to have from amongst them a group that calls to the Khair which is Islam, orders the Ma’rouf which is that which Allah (swt) has commanded to be performed including the Waajib and the Mandoob and forbids the Munkar which includes that which Allah (swt) has forbidden in terms of Haraam. If they were to do this, then they would be from the Muflihoon, meaning that they will be successful in attaining His pleasure and reward. This is the Daleel indicating that this command is obligatory due to success being a consequence of undertaking this action. The command has come focused upon the formation of a Jama’ah (group) i.e. upon the Takattul (gathering) of individuals together so that they undertake the work in their capacity as a Jamaa’ah (grouping), as a Hizb and not as individuals.
The command in this Aayah differs from the command that has come in the speech of Allah (swt):
(كُنتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِٱلْمَعْرُوفِ وَتَنْهَوْنَ عَنِ ٱلْمُنكَرِ وَتُؤْمِنُونَ بِٱللَّهِ وَلَوْ ءَامَنَ أَهْلُ ٱلْكِتَـٰبِ لَكَانَ خَيْرًا لَّهُم مِّنْهُمُ ٱلْمُؤْمِنُونَ وَأَكْثَرُهُمُ ٱلْفَـٰسِقُونَ)
“You are the best nation that has been raised up for mankind, you order the Ma’rouf and you forbid the Munkar, and you believe in Allah” [3:110]. And it is also different to the command in the Messenger’s speech (saw):
«والذي نفسي بيده لتأمرن بالمعروف، ولتنهون عن المنكر»…
“By Him in Whose Hand my life is, you must certainly order the Ma’rouf and forbid the Munkar…..” [At-Tirmizhi]
And also different from the statement of the Messenger (saw) «من رأى منكم منكرًا فليغيره» “Whoever from amongst you sees a Munkar (evil), s/he must change it” [Muslim]
This is because the command in these texts is focused upon ordering the Ma’rouf and forbidding the Munkar in respect to all of the Muslims whether they are individuals, a Hizb or a State. As for the Aayah: (وَلْتَكُن مِّنكُمْ أُمَّةٌ) ‘And let there be, from amongst you, an Ummah’, then this represents a Talab Jaazim (decisive request) from Allah (swt) to the Muslims, for individuals from amongst them to together within a Jamaa’ah (group) or to gather to make more than one group. This group will then call to the Khair, order the Ma’rouf and forbid the Munkar. The Da’wah to the Khair mentioned in this Aayah refers to the Da’wah to Islam and the Da’wah to Islam encompasses the Da’wah for the resumption of the Islamic life. This is because Islam has no real, practical and evident existence in the absence of the Islamic life under the shade of the Khilafah.
The fact that Islam, as thoughts in the minds of the people, or preserved in books or in the Aayaat of the Qur’an Al-Kareem and the Hadeeth Ash-Shareef will never disappear from this life is because Allah (swt) has ordained that it will be protected and safeguarded.
(إِنَّا نَحْنُ نَزَّلْنَا ٱلذِّكْرَ وَإِنَّا لَهُۥ لَحَـٰفِظُونَ)
“Verily, it is We Who sent down the Dhikr (Qur’aan) and verily, We will be its guardian” [15:9].
However, the practical and real existence of the Islamic thoughts within human conduct and human life is what has the potential to be changed and disappear. The Da’wah to resume the Islamic life is therefore the Shar’iyah methodology for returning this practical and real existence of Islam back into the realm of life.
In addition, the one who follows the Seerah of the Messenger (saw) before the establishment of the Islamic State in Al-Madinah Al-Munawwarah will find that he gathered his companions upon Islam and that they were a group who were commanded by his commands and instructions. Ibn Katheer mentioned that when the Sahaabah (ra) gathered and their number was thirty-eight men, Abu Bakr (ra) pressed upon the Messenger (saw) to manifest the Da’wah openly and the Messenger responded by saying:
«يَإ أبَإ بَكر إِنَإ قَليل» “O Abu Bakr we are few in number”. Also the one who studies the Seerah will discover that the Messenger (saw) would meet with the Sahaabah in Dar ul-Arqam where he would read to them the Qur’an and teach them Islam. Then after ‘Umar Ibn Al-Khattaab (ra) embraced Islam, the Muslims went out together and organised in two lines, and they circled the Sacred House (Ka’ba) with Hamzah (ra) at the head of one line and Hamzah (ra) at the head of the other, whilst the Messenger of Allah (saw) was their Ameer who instructed them and who in turn they obeyed.
Thus, it is obligatory upon every able Muslim to be involved in it with the group that Allah (swt) has commanded to be established until the State is established. The Muslims must therefore gather around a structure (takattul) so that they can proceed upon the methodology of the prophet (saw) to re-establish the Khilafah. This is because the formation of the Takattul in order to return the Khilafah is a Shar’iy Waajib (obligation) and it is from amongst the greatest of the Shar’iyah obligations.
In conclusion, the events and circumstances that the Muslims have witnessed since the Khilafah State was destroyed indicate that the reason for the calamities which have afflicted the Muslims and continue to do so is the absence of the ruling by Islam in all of the affairs of life. Additionally, what the Muslims in the form of movements and actions have undertaken to return the Islamic System to life indicates that the return of the Khilafah will not occur through the performance of acts of ‘Ibaadah like Salaah, Hajj and Zakaah and that it will not happen as a result of lectures, conferences, learning the Ahkaam of Islam, building Masaajid or setting up Qur’an centres. It will not also happen by reviving the Islamic heritage and tradition or by participating in the current parliaments and governments which are established upon the Capitalist basis. The Khilafah will not return by any method or means that the Shar’iy Daleel has not indicated and legislated for the establishment of the Khilafah. This is because it is Allah (swt) Who has sent Muhammad (saw) with Islam as an ‘Aqeedah and System of life. Just as the thoughts of the ‘Aqeedah and the rulings providing solutions have been explained and made clear, similarly the Tareeqah (method) of preserving and safeguarding the ‘Aqeedah and carrying it has been explained. This is in addition to the Tareeqah for the application of the solutions which includes the method for the establishment of the Islamic State. It is the very same Tareeqah (methodology) that the Messenger of Allah (saw) pursued to establish the Islamic State in Al-Madinah Al-Munawwarah, which after its establishment, remained standing for more than thirteen centuries, before its destruction in 1924 at the hands of the disbelievers and their agents as a result of the Muslim’s weakness. And the one who follows and studies the Seerah of the Messenger of Allah Muhammad (saw) and the Shar’iyah Nusoos (texts) will find that carrying the Islamic Da’wah to establish the Islamic State proceeded in accordance to consecutive stages and in accordance to a plan where one part followed on from the other. This was as follows: Nuqtat-ul-Ibtidaa’ (The starting point) which is the stage of concentrated culturing. This is followed by the Nuqtat-ul-Intilaaq (The launching or departure point) which leads to the stage of the Tafaa’ul (interaction). This is then followed by the Nuqtat-ul-Irtikaaz (Support point) which leads to the stage of attaining the rule.
Thus, it is incumbent and obligatory upon us now to tread the path of the Shar’iyah methodology for the resumption of the Islamic way of life through the re-establishment of the Khilafah State. This is the State that will unite them upon the heart of a single man and it alone will restore for us our ‘Izzah (glory) and our Majd (glory).
(وَلِلَّهِ ٱلْعِزَّةُ وَلِرَسُولِهِ وَلِلْمُؤْمِنِينَ)
“And to Allah belongs the ‘Izzah and to His Messenger and to the believers” [63:8]
أقيموا_الخلافة#
#ReturnTheKhilafah
#YenidenHilafet
خلافت_کو_قائم_کرو# -
The Assassination of the Nuclear Scientist Fakhrizadeh
بسم الله الرحمن الرحيمAnswer to Question
The Assassination of the Nuclear Scientist Fakhrizadeh
(Translated)Question:
On 6/12/2020, France 24 quoted Brigadier General Ali Fadawi, Deputy Commander of the Revolutionary Guards: “the assassination of the nuclear scientist Mohsen Fakhrizadeh was carried out by firing 13 bullets from a machine gun that was focusing on Zada’s face with an advanced camera with the help of artificial intelligence.” Before that on 2/12/2020, the Guardian Council, which oversees the work of the Iranian Shura Council (parliament), has approved a bill to increase uranium enrichment to 20%, which was recently adopted in light of the assassination of the nuclear scientist Mohsen Fakhrizadeh… and this law had sparked a debate between the government of President Hassan Rouhani, who opposed it and described it as “harmful”, and the parliament that approved the law with its nine articles! How can there be a dispute instead of the agreement to take revenge against the party behind the assassination of the most important Muslim nuclear scientists in Iran, especially since Iran declares that the Jewish state is behind this act? Or is this dispute for turning the page on the nuclear scientist, just as the Iranian regime turned the page of Qasem Soleimani?
Answer:
To clarify the answer, we review the following matters:
First: In an operation that bears in the place and in the manner of its execution a great deal of challenge to the Iranian regime, on Friday 27/11/2020 CE, the official in the Ministry of Defense and the Iranian nuclear scientist, Mohsen Fakhrizadeh, was assassinated, and this is a high profile assassination that is no less important than the assassination of Quds Force commander Qasem Soleimani in January 2020, where (“it is reported that diplomats describe him as the ‘father of the Iranian bomb.’” (BBC, 27/11/2020), on the one hand, he is a major figure central to Iran’s nuclear and missile programs, and on the other hand, the operation took place inside Iran, and even near the capital, Tehran, not in Iraq, as happened with Qasem Soleimani, and the method of assassination, which included an explosive car and a machine-gun attack, represents a great challenge to Iran by all standards. Although the assassinations of scholars in Iran are a series that has not stopped, and that Iran always accuses the Jewish entity, threatening it to respond in the appropriate place and time, and no response is made as usual, yet international circumstances today cast a shadow over this process, especially the circumstances resulting from the American elections and what resulted from hardening and increasing division within America.
Second: This assassination operation, which Iran hastened to accuse the Jewish entity of carrying it out, could have been reasoned as the Jewish entity’s relentless pursuit of weakening Iran’s strategic nuclear and missile capabilities, and the Jewish entity could have hidden and denied it as usual in order to avoid possible retaliations, but this time it did not do so. Rather, it hinted that amounts to statements that he carried out this operation, and this is not without a major green light from the Trump administration. Indeed, the Trump administration was satisfied, at least with the assassination carried out by the Jewish entity! The evidence for this is:
1- US President Donald Trump re-published news on his Twitter account about the assassination operation [and Trump re-published on Twitter a report by the New York Times on the assassination of Fakhrizadeh. Trump also re-published a tweet by the Israeli journalist Yossi Melman stating that this scientist was the head of Iran’s secret military program and that he had been wanted by the Israeli intelligence service Mossad for years, and that his assassination was a blow to Iran from the psychological and professional point of view… (RT, 27/11/2020)] as if he challenges Iran to take any response!
2- Al-Jazeera satellite channel 28/11/2020 and its website quoted Netanyahu, the prime minister of a Jewish entity, his unusual hinting to the responsibility of his entity for the assassination. “Israeli Prime Minister Benjamin Netanyahu released a recorded clip in which he reviewed, unusually, the achievements he said he had achieved over the past week. It was striking that Netanyahu started the recording by saying that he would review some of his achievements, but not all of them because he could not.” In other words, the Jewish entity did not hide and did not deny it. Rather, it hinted as if it was declaring its responsibility, as well as announcing a state of high alert in its embassies across the world.
3- And from the threat and intimidation came the American announcement on 27/11/2020, that is, on the day of the assassination, to send the American aircraft carrier USS Nimitz to the Gulf with other warships… and before the assassination, the American B-52 bomber was sent to the Gulf. After the assassination, Trump warned of a devastating response, [The Washington Post quoted American officials as saying that President Donald Trump threatened immediate and “crushing” retaliation if any American was killed in Iraq. This threat, revealed by the Washington Post, comes in conjunction with the killing of the Iranian nuclear scientist. Mohsen Fakhrizadeh near Tehran on Friday, (Al-Hurra, 28/11/2020)].
Third: And the meaning of all this is that the Trump administration and with it the Jewish entity, are aware that Iran will not take an effective response during the period of transition in America, especially since Iran hopes that the “elected” Biden will bring it something new! This is with the knowledge that Trump and Biden do not differ except in means and methods. Otherwise, America’s interest to both of them is above all their followers from the agents and those orbiting them. Whoever contemplates this finds it clear… Thus, Iran is going around and revolving around the response and focuses on other issues to divert public opinion towards other than the military response demanded by the public:
1- Iran declares that the assassination operation against the most important scientist and official in its nuclear and missile program is just a trap for its “chaos”, despite its knowledge of the mastermind (the Jewish entity). It declared through its president Rouhani that this mastermind and behind it, the Trump administration, (that they are thinking of creating chaos, but they have to realize that we have exposed their tricks and they will not succeed in achieving their malicious goals)… Iran knows who is attacking it; who it has struck it before, with strikes against its scholars, and strikes against its soldiers in Syria and Iraq, now it is declaring that it will not respond, and will not fall into a trap. The days are not long for Biden to come to office in America! Iran that brags about its hostility to the “Great Satan”, and raises its banners: “Death to America, Death to “Israel”.” The Trump administration has unequivocally exposed the falsity of this Iranian hostility to America, as the Trump administration publicly and massively assassinated the commander of the Quds Force in the Iranian Revolutionary Guard. Qasem Soleimani in Iraq in early 2020, then it placed Al-Kazemi ruler over Iraq, ignoring Iran’s unwillingness to do so, and ignoring all Iranian services to America in Syria and other than Syria…!
2- Another matter that Iran focuses on to divert minds from an effective military response, which is focusing on the issue of escalating enrichment to 20%, as it was before the nuclear deal, which obligated it to reduce it to 3.67%, and this escalation should be, but without becoming a point of contention between the government. And other councils to divert people’s attention from the appropriate military response, as the Shura Council considers it good and the government considers it harmful and evil! [Iranian President Hassan Rouhani announced, today, Wednesday, during a cabinet meeting, the rejection of a bill to confront US sanctions and respond to the assassination of the prominent Iranian scientist Mohsen Fakhrizadeh, which was approved by the Iranian parliament, controlled by conservatives, on Tuesday. According to Iranian television, Rouhani considered that Parliament’s decision is “harmful”… and the most important of those decisions taken by the “conservative” Iranian parliament were to raise the rate of Uranium enrichment to 20 percent, and to cancel the implementation of the Additional Protocol of the International Atomic Energy Agency,… knowing that Iran and before the nuclear agreement was reached, had Uranium produced by the enrichment rate of 20 percent, but it pledged according to the agreement to reduce it to 3.67 percent… (Al-Arabi Al-Jadeed, 2/12/2020)]. By increasing uranium enrichment, it was recently adopted in light of the assassination of the nuclear scientist Mohsen Fakhrizadeh… This law sparked controversy among the ruling elite in Iran, and President Hassan Rouhani’s government expressed its opposition to it… (Russia Today, 2/12/2020).
Fourth: It must be noted that all of this does not mean that the Trump administration has severed its ties with Iran, but has increased in humiliation and subjugation of Iran, as it wants Iran to serve it standing, sitting and sleeping, that is, to revolve completely with American interests and the desires of the American administrations however it changes. Qasem Soleimani had previously been assassinated, and Iran threatened, and the result was a “calculated” bombing, as if it was “agreed upon”, of Ain al-Assad Base in Iraq, then the threat ended! Despite the ability of Iran’s foreign arms to take some kind of revenge, but Iran does not accept that. Al-Quds Al-Arabi Newspaper, 24/11/2020, quoted the British Middle East Eye Newspaper, that Iran is pressuring its militia in Iraq to stop any targeting of American interests in Iraq, it stated: (General Ismail Qani, commander of the Quds Force, arrived 24 hours after the US embassy in the Green Zone in Baghdad was targeted with a barrage of missiles last week, and he ordered Iraqi factions’ leaders to stop targeting American sites).
Fifth: One who looks deeply into what happened and is taking place from the aggression of the Jewish state and the approval of America together with the escalation of tension, finds that the matter is as follows:
1- After President Trump’s rapprochement actions with the Jewish entity, such as moving the US embassy to Jerusalem, recognizing the annexation of the Jewish entity to the occupied Syrian Golan and launching the Deal of the Century and what it entails for satisfying the Jewish entity, the Trump administration has become convinced that Iran’s nuclear program poses a threat to the Jewish entity, it must be removed or reduced, that is why it was swifter than previous administrations… It is worth noting that the broad popular base of Conservative Evangelicals of white Americans, which is part of the popular base of the Republican Party, supports this American policy to provide the maximum amount of Security for the Jewish entity, they even consider this a “religious” intellectual issue higher than politics.
2- After the division in America has increased and reached a severe degree, the Trump administration wants by straining the atmosphere with Iran to increase the obstacles in the Middle East in front of the Democratic President-elect Biden, and to burden him, if he takes over the presidency in America, to engage strongly in conflicts over oil regions, and that is from the standpoint of the strategic vision of the American oil and energy companies and arms companies whose influence in American politics is enhancing…
3- With the result of the US elections, and although it has not been finalized yet, the American oil and energy companies and arms companies that stood behind Trump’s election campaign, these companies:
– They seem to be the loser internally in America with what awaits it from America’s return to the Paris Climate Agreement, which incurs heavy losses… and this could affect these companies in terms of oil prices, especially in the Coronavirus period, which is expected to extend to the end of 2021… In addition to this, President-elect Biden may somehow return to the Iran nuclear deal, and its impact on those companies…
– In light of all these concerns, these companies want to benefit from the remaining period of the Trump administration, especially since the courts in the United States refute Trump’s
allegations of fraud in what appears to be diminishing his chances to nullify the election result, and then these companies are pushing the Trump administration to aggravate the situation in the Gulf. All this to increase oil prices and increase arms deals.
Sixth: The tension in the situation in the Gulf may shift the compass of the actual response from the direction of the Jewish entity to another direction, such as Saudi Arabia and the UAE, and the justifications for this may be easy, as these countries normalize with the Jewish entity, overtly or in secret… and Iran speaks in its response to the assassination about ” the hypocrites, that is, Saudi Arabia, the UAE and Bahrain, and even with the hint to the Jewish entity that is close to claiming responsibility. Iran can easily say that the Saudis carried out the attack near Tehran, and it can say that Saudi intelligence coordinated this “Jewish action” inside Iran with Saudi funding especially since the secret visit of the Prime Minister of the Jewish entity to Saudi Arabia, which its news had spread on 23/11/2020, and his meeting with Bin Salman and the US Secretary of State Pompeo, all of this favours and facilitates the linking of the assassination with Saudi Arabia…
The response may also be directed towards the UAE, as Al-Jazeera published on 1/12/2020 on its website, citing the British Middle East Eye website that Iran “threatened to launch a direct military strike on the UAE, in response to the assassination of Fakhrizadeh. The British website said – quoting an source Emirati source, whose name was not mentioned – Tehran contacted the Crown Prince of Abu Dhabi, Mohammed bin Zayed, directly, and informed him that it would strike a blow to his country in response to the assassination of Fakhrizadeh…”, and Iran could also respond through more qualitative support with missiles and drones for the Houthis against Saudi oil targets, this is already happening and the increase in it does not cost many responsibilities… and if Iran takes this direction, it will deceive its people who are demanding a response towards the real perpetrator of the assassination and not to revolve around him!
Seventh: Thus, Muslim scholars are killed one after the other, especially nuclear scientists in Iran, and this is repeated without action! This emboldened and dared the monstrous state established on the occupation of the blessed land of Palestine. It made it more daring to repeat the assassination of Iranian Muslim scholars! It is a painful matter that rulers in Muslim lands can buy humiliation with honour to become agents of the colonial disbelievers or be in their orbit… they are attacked and remain silent, their sanctities are violated, and they do not object… This is the case after the demise of the Khilafah (Caliphate), the Muslims were afflicted with Ruwaibidha rulers (ignorant), who do not retaliate against an attacker! The glory of Muslims will only return again by the return of the Khilafah. Then the caliph will lead an army to support a woman who was insulted by a Roman man, it will destroy him and opens his country, his hometown… This is how the glory of Muslims returns to men who belittles the world and its pleasures, who seek that which Allah (swt) have. These men will rise and remove these rulers and eliminate them, and then this oppressive ruling will end, and these men will guide the Ummah to cross with Allah’s help, who is the supporter of his sincere servants, to the state of glory, victory and dignity, the second Khilafah state, a state that removes the existence of the Jewish entity and removes the influence of America and the rest of the colonial kuffar from the Islamic region. And it will make it forbidden for them until the Day of Judgment, and then the minarets of the masajid will repeat over and over again His (swt) saying:
[وَقُلْ جَاءَ الْحَقُّ وَزَهَقَ الْبَاطِلُ إِنَّ الْبَاطِلَ كَانَ زَهُوقاً]
“And say, “Truth has come, and falsehood has departed. Indeed is falsehood, [by nature], ever bound to depart.” [Al-Isra’: 81]…
[وَيَقُولُونَ مَتَى هُوَ قُلْ عَسَى أَنْ يَكُونَ قَرِيباً]
“…and they say, “When is that?” Say, “Perhaps it will be soon” [Al-Isra’: 51].
22 Rabii’ Al-Akhar 1442 AH
7/12/2020 CE -
Zakat on Honey and all other Trading Merchandise
Question by Amel Ht:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
May Allah bless your efforts and make the Ummah benefit from you, our eminent Ameer, and support you with victory, empowerment, and make this in the scale of your good deeds, InshaAllah. I have a question if you allow me.
My question: Is there Zakah on honey? If so, what is the Nisab (the minimum applicable amount)?
Question by Soufien HT:
Assalamu Alaikum,
May Allah bless you and your deeds and make them in the scale of your good deeds.
My question: I work at a selling point for manufactured gold, i.e. selling jewelry. My question: How is Zakah calculated?
Knowing that gold is studded with stones, is Zakah paid on the calculated net gold without stones, or are the gold and stones weighed and Zakah is paid on the total weight?
How is the Zakah on precious stones (diamonds, rubies, emeralds …)? Jazaka Allahu Khair.
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
Your two questions come from one subject, so we will answer them together, with Allah’s permission:
1- Zakah is not obligatory except on the wealth which the Shari’a has specified to take from, such as money, the profits of trade, cattle and grains, so taking Zakah is limited to the properties which have been mentioned in a Shari’ text. Therefore, Zakah is not taken from anything other than the items which have been mentioned in authentic texts, which are camels, cows, cattle, gold, silver, wheat, barley, dates, and raisins. We have explained the evidence for all of this in the Explanation of Article 143 in the book of The Draft Constitution, Volume Two, so refer to it for more detail.
2- Zakah is not obligatory upon honey, and we mentioned in the book of The Draft Constitution, Volume Two, when explaining Article 143 regarding honey, the following: (As for what was related from Abu Sayyarah who said:
«قُلْتُ: يَا رَسُولَ اللهِ، إِنَّ لِي نَحْلاً، قَالَ: فَأَدِّ العُشُورَ، قَالَ: قُلْتُ يَا رَسُولَ اللهِ، احْمِ لِي جَبَلَهَا، قَالَ: فَحَمَى لِي جَبَلَهَا» وعن عمرو بن شعيب عن أبيه عن جده قال: «جَاءَ هِلالٌ، أَحَدُ بَنِي مُتْعَانَ، إِلَى رَسُولِ اللَّهِ ﷺ بِعُشُورِ نَحْلٍ لَهُ، وَكَانَ سَأَلَهُ أَنْ يَحْمِيَ لَهُ وَادِياً يُقَالُ لَهُ سَلَبَةُ، فَحَمَى لَهُ رَسُولُ اللَّهِ ﷺ ذَلِكَ الْوَادِي. فَلَمَّا وُلِّيَ عُمَرُ بْنُ الْخَطَّابِ رضي الله عنه كَتَبَ سُفْيَانُ بْنُ وَهْبٍ إِلَى عُمَرَ بْنِ الْخَطَّابِ يَسْأَلُهُ عَنْ ذَلِكَ فَكَتَبَ عُمَرُ: إِنْ أَدَّى إِلَيْكَ مَا كَانَ يُؤَدِّي إِلَى رَسُولِ اللَّهِ ﷺ مِنْ عُشُورِ نَحْلِهِ، فَاحْمِ لَهُ سَلَبَةَ، وَإِلاَّ فَإِنَّمَا هُوَ ذُبَابُ غَيْثٍ يَأْكُلُهُ مَنْ يَشَاءُ»
“I said: O Messenger of Allah, I have bees. He said: then pay a tenth. I said: O Messenger of Allah, protect their mountains for me, so he did.” and what was narrated from ‘Amru b. Shu’ayb from his father from his grandfather who said: “Hilal, a man from the tribe of Abu Mata’n, brought a tenth of honey which he possessed in beehives to the Messenger of Allah (saw). He asked him (the apostle of Allah) to give the wood known as Salabah as a protected (or restricted) land. The Messenger of Allah (saw) gave him that wood as a protected land. When Umar Ibn Al-Khattab succeeded, Sufyan Ibn Wahb wrote to Umar asking him about this wood. Umar Ibn Al-Khattab wrote to him: if he (Hilal) pays you the tenth on honey what he used to pay to the Messenger of Allah (saw) leave the protected land of Salabah in his possession; otherwise those bees are like those of any wood; anyone can take the honey as he likes”. These are not suitable as evidence that Zakah is taken from honey. This is because the chain of the narration of Abu Sayyarah is disconnected (Munqati’), as it is from Sulaiman b. Musa from Abu Sayyarah and Bukhari said: “Sulaiman did not meet anyone from the companions and there is nothing regarding Zakah on honey that is authentic”. The narration of ‘Amru b. Shu’ayb is reported by Abu Dawud and Al-Nisa’i, and Ibn ‘Abd Al-Barr considered it Hasan in Al-Istidhkar, but despite that it does not indicate that Zakah is obliged upon honey, since he paid it voluntarily and the valley was kept for him in exchange, as proven by the evidence of what Umar (ra) did having understood the reason, and therefore, made a similar order. This is supported by what is reported from Sa’ad Bin Abu Dhiubab:
«أَنَّ النَّبِيَّ ﷺ اسْتَعْمَلَهُ عَلَى قَوْمِهِ وَأَنَّهُ قَالَ لَهُمْ: أَدُّوُا العُشْرَ فِي الْعَسَلِ»
“That the Prophet (saw) appointed him over his people and he said to them: Give a tenth of the honey”, which is considered a weak narration by Bukhari, and al-Azdi and others, and any how Shafi’i said: “and Sa’ad Bin Abi Dhubab told what was indicated that the:
«أَنَّ النَّبِيَّ ﷺ لَمْ يَأْمُرْهُ فِيهِ بِشَيْءٍ، وَأَنَّهُ شَيْءٌ رَآهُ هُوَ فَتَطَوَّعَ لَهُ بِهِ قَوْمُهُ»
“The Prophet (saw) did not order him with that, but rather it was something that he thought of and voluntarily suggested it to his people”. All of this suggest that there is no Zakah upon honey, and even the narrations which are used as evidence indicate that there was no obligatory Zakah upon it.) End.
3- Likewise, Zakah is not obliged on precious stones because Sharia did not make them from Zakah money, and therefore gold mixed with precious stones is given Zakah after subtracting the weight of precious stones in it, so it is not included in Zakah, and Zakah is on what remains of gold after subtracting what is mixed with it, in accordance with the relevant legal provisions.
4- As for honey and precious stones intended for trade, Zakah is given on them, and we have explained the details of that in the book of Funds in the Khilafah State and in the Answer to Question we issued on 25th Jumada al-Akhirah 1437 AH, corresponding to 03/04/2016 CE, which reads:
(Trade merchandise is everything other than currency which is used for trading, buying and selling, for the sake of profit e.g. foodstuffs, clothing, furniture, manufactured goods, animals, minerals, land, buildings and other goods that are bought and sold. Zakat is obliged on merchandise taken for trade. From Samura b. Jundub who said:
«أما بعد، فإن رسول الله كان يأمرنا أن نخرج الصدقة من الذي نعد للبيع»
“See! Verily the Messenger of Allah (saw) used to command us to give Sadaqah on what we prepared for sale.” (Narrated by Abu Dawud) Abu Dharr narrated from the Prophet (saw) who said:
«وفي البَزِّ صدقته»
“There is Sadaqah in Bazz.” (Narrated by Ad-Daarqutni and Al-Baihaqi) Al-Bazz are clothes and woven material used for trading. Ubaid narrated from Abu ‘Amra b. Hamas who narrated from his father who said: “‘Umar ibn Al-Khattab passed by and said: ‘O Hamas, pay the Zakat on your property’. I said: ‘I don’t have any property except for Ji’b (quivers) and leather’. He said, ‘Estimate them, then pay their Zakat’”. Abdur Rahman b. Abdul-Qari said: “I was appointed over Bait ul-Mal in the time of ‘Umar ibn Al-Khattab. When the gifts were given out, the wealth of the traders was collected and counted, of what was present or absent. Zakat was then taken from the present wealth for what was present and absent.” (Narrated by Abu Ubaid)
– Narrated by Ahmad in his Musnad from Malik ibn Aws bin Al Hadathan An-Nasri, from Abu Dhar, he said: I heard the Messenger of Allah (saw) says:
«فِي الْإِبِلِ صَدَقَتُهَا، وَفِي الْغَنَمِ صَدَقَتُهَا، وَفِي الْبَقَرِ صَدَقَتُهَا، وَفِي الْبَزِّ صَدَقَتُهُ»
“Zakat is on camels, and Zakat is on sheep, and there is zakat on cows, and there is zakat on Bazz.” Al-Bazz are clothes and woven material used for trading.
Nawawi said in Al Majmo’ Sharh al Muhathab:
“Zakat is due on trading merchandise because of the narration of Abu Dhar (may Allah be pleased with him) that the Prophet (saw) said:
«فِي الْإِبِلِ صَدَقَتُهَا، وَفِي الْغَنَمِ صَدَقَتُهَا، وَفِي الْبَقَرِ صَدَقَتُهَا، وَفِي الْبَزِّ صَدَقَتُهُ»
“Zakat is on camels, and Zakat is on sheep, and there is Zakat on cows, and there is Zakat on Bazz”. The purpose of trading is to generate wealth, so Zakat is attached to it like cattle is to the grazing grass, “his saying” there is Zakat in Bazz which is written with fat’ha on the letter ‘ba’ (ب) and with the letter ‘zai’ (ز) thus it was narrated by all the narrators and Ad Daarqutni and al Baihaqi mentioned it with the letter zai, and the texts by al Shafi’i (may Allah be pleased with him) the old and new mention the obligation of Zakat on trade. And what is Mashoor by Ashab that they agree that in the Shafii’s school of thought (may Allah be pleased with him) it is obligatory.” End
– Ibn Qudamah said in al-Mughni:
“Zakat is due in the value of trading merchandise, in the view of most scholars. Ibn al-Mundhir said: scholars unanimously agreed that Zakat is on merchandise intended for trade, if one year has passed on it … and for us, as narrated by Abu Dawood, from his Sanad (transmission of narrations) from Samra bin Jundub he said:
«كَانَ رَسُولُ اللَّهِ يَأْمُرُنَا أَنْ نُخْرِجَ الزَّكَاةَ مِمَّا نُعِدُّهُ لِلْبَيْعِ»
“the Messenger of Allah (saw) commanded us to give Zakat on what we prepared to sell”. Narrated by Ad-Daarqutni, from Abu Dhar, he said: I heard the Messenger of Allah (saw) says:
«فِي الْإِبِلِ صَدَقَتُهَا، وَفِي الْغَنَمِ صَدَقَتُهَا، وَفِي الْبَزِّ صَدَقَتُهُ»
“There is Zakat on camels, and there is Zakat on goats, and there is Zakat on Bazz”. He pronounced it with the letter zai (ز), there is no dispute it is not obligatory on the specific product, but on its value. From Abu Amr ibn Hamas, from his father, he said, Umar ordered me and said: ‘pay the Zakat on your property’. I said: ‘I don’t have any property except for Ji’b (quivers) and leather’. He said: ‘Estimate them, then pay their Zakat.’” narrated by Imam Ahmad and Abu Ubaid.” End
– Al-Baihaqi narrated in As-Sunan Alkubra:
“Ahmad bin Mohammed bin Al-Harith al-Faqih told us that he foretold Ali bin Umar Al-Hafiz, from Abu Bakr Alnisaburi, from Ahmad Bin Mansour, from Abu Asim, from Musa bin Ubaida, Imran bin Abu Anas told me from Malik ibn Aws bin Al Hadathan, said: Whilst I was sitting with Osman, Abu Dhar came and mentioned the Hadeeth, he said: They said: O Abu Dhar tell us the saying from the Messenger of Allah (saw), he said: I heard the Messenger of Allah (saw) say:
«فِي الْإِبِلِ صَدَقَتُهَا وَفِي الْغَنَمِ صَدَقَتُهَا وَفِي الْبَقَرِ صَدَقَتُهَا وَفِي الْبَزِّ صَدَقَتُهُ»
“There is Zakat in the camels, there is Zakat in goats, there is Zakat in cows, and there is Zakat in al Bazz” he uttered it with the letter Zai (ز)”. End
And Zakat due on trade merchandise if its value reaches the Nisab of gold, or the Nisab of silver, and one year has passed on it.
If the merchant began his trade with money less than the Nisab, and at the end of year the money is equal to the value of Nisab, there is no Zakat on him, because the Nisab was not present for one year. He must pay Zakat on this Nisab, after one whole year passes on it (Hawl).
If the trader begins his trade with property above the Nisab such that he begins his trade with 1,000 Dinars then his trade grows and profits by the end of the year so that its value becomes 3,000 Dinars, it is obligatory upon him to pay Zakat on 3,000 Dinars not the 1,000 Dinars he started with. This is because its profit follows it i.e. the origin, and the period of one year of generated profit is the same as the period of one year of the origin. This is like the goats’ offspring and offspring of sheep that are counted together with them, because their period of one year (Hawl) is that of their mothers. Similar to this is the profit on wealth so its time (Hawl) is the period of one year of the origin from which profits were derived. When the year finishes the trader estimates his trading merchandise whether Zakat is obliged upon it because of itself such as camels, cattle, and sheep, or not, such as clothes, manufactured products, land and buildings. He estimates them collectively in gold or silver units. He then gives quarter-tithe (2.5%) if it reaches the Nisab value of gold or silver, giving the obligatory Zakat in the used currency. It is allowed to give its Zakat from the merchandise itself if that is easier for him, e.g. where he is trading with sheep/goats, cattle or clothes and the value of the Zakat obliged upon him is estimated in sheep, cattle or clothes, he may give its Zakat in currency or he may give it in sheep, cattle or clothes i.e. he may give whichever he wishes.
Zakat on trading merchandise, on whose assets Zakat is due like camels, cattle and sheep/goats, is paid as Zakat of trading merchandise, not as Zakat of livestock. This is because trade is intended in their ownership, not mere possession.
By understanding this Shariah reality the answer to your question is as follows:
A) The trading merchandise is estimated according to the market value i.e. with its selling value at the time of Zakat because this is the real value of these merchandise. It is not estimated by the purchasing price because it may be more or less than the market price that represents the true price of the commodity, and therefore the market price is the one considered.
B) If the seller is a wholesaler, then he should estimate his goods at the price of wholesale goods, and if he sells individual items, then he evaluates them with the price of individual goods, and he mixes between the wholesale and selling individual goods, then he should take the ratio of both and stick to this. If he was selling half of goods as wholesale and the other half individually, he should estimate half of goods as wholesale and the other half individually and so on, because this is the closest to the truth regarding the value of goods.
C) Goods are valued by their market price in the country it is present in, not in the country where the merchant lives, because the market price in the country it is in is closer to its true value.
D) All goods are estimated at the time of paying Zakat, those that are in demand and those that are not, because the goods are in fact, money, and the commodity that isn’t in demand is estimated at its market value at the time for Zakat, in this case, of course, it will be worth less than its value before the recession. And this is repeated every year because they are cash in the form of commodities and Zakat is obliged on them as it is obliged on cash each year.
E) Zakat on trade merchandise can be in cash, and it may be the goods itself. If what was due in Zakat is 2000, and the price per item was 500, then 4 goods can be given in Zakat from the trade merchandise. This could be a way to get rid of the goods that is not in demand, so that the money for Zakat is not taken from the cash money but from the goods, taking the interest of the one giving Zakat into consideration.
This is the view I follow in this matter, and Allah Knows Best and He is Most Wise.)
I have restated the answer in its entirety to show how to act when giving Zakat on honey and precious stones intended for trade, as well as all other trading merchandise.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
27th Rabii’ Al-Awwal 1442 AH
13/11/2020 CE
