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Islam is a Specific Way of Living
For Audio version of this chapter click here
This is chapter 1 from the book “Islamic Thought”
Islam is a specific mode of living that is completely distinguished from everything else. It obliges upon Muslims a certain living that has a specific and constant course that does not change or transform. It dictates upon them to comply by this specific mode in such a way that they do not feel tranquillity, both intellectually (fikriyyan) and emotionally (nafsiyyun), and nor they feel with happiness except with this mode.
Islam came as a collection of concepts (mafaheem) about life. It came as general guidelines (khutoot ‘areedah), ie general imports that treat all man’s problems in life, where the solution of every problem that occurs to man is actually derived from them. It made all of that based on an intellectual basis (qaa’idah fikriyyah); under which all the thoughts about life enter; and it is used as a criterion (miqyaas) upon which every detailed thought is measured. It also made the rules, in terms of solutions, thought and opinions, emanate from the ‘aqeedah and derived from the general guidelines.
It determined the thoughts for man, but it did not restrict his mind; it rather freed it.
It restricted his behaviour in life with particular thoughts, but it did not restrict man; it rather freed him.
Thus, the view of the Muslim towards the worldly life became that of promising hope, a realistic seriousness and a view that values life with its (true) measure, in terms that it must be earned and that it is not an objective, nor it is proper to be an objective. So the Muslim strives in the walks of life, earns of the providence (rizq) of Allah Subhanahu wa Ta’ala, and enjoys the ornaments of Allah that He provided to His servants and also the good forms of rizq. However, he realises that the dunya is temporary, while the akhirah is the abode of eternity.
Rules of Islam came to treat for man the matters of trade as well as the matters of prayers, in a particular way. They also treat the problems of marriage as well as the matters of charity, in a specific way. They demonstrate the matter of property ownership and the matter of its expense, in a certain way. They also detail the supplications (du’as) and worships, and explain the legal punishments (hudood), capital offences (jinaayaat) and the various punishments (‘uqoobaat); as well as they explain the chastiment of hell (jahannum) and the felicity of paradise (jannah). They guide him to the form of government (Hukum) and its method, in a specific fashion. They also direct him to the personal/self-acting aspiration to apply the rules in quest of the pleasure of Allah Subhanahu wa Ta’ala. They direct him to the relationship of the state with the rest of the states, peoples and nations, as they direct him to carry the da’wah for mankind. They oblige him to acquire the elevated attributes, as rules (ahkaam) coming from Allah Subhanahu wa Ta’ala, and not as good attributes among people.
Thus Islam came to regulate all man’s relationships with himself and with people the same way it regulates his relationship with Allah (Subhanahu wa Ta’ala); all of that in the same system of thought and treatment. Man, thus, became obliged to proceed in this worldly life by a specific motivation, in a specific and determined path and for a defined and designated goal.
Islam obliges people to restrict themselves to this path alone exclusively. It warned them of painful chastisement in the akhirah, as well as of strict punishment in the dunya; where one of these two will inevitably fall on them if they deviated from this path, even a hair breadth.
Accordingly, the Muslim comes to proceed in this life in a particular way, and live in a certain way, within a specific mode by virtue of his embracement of the ‘aqeedah of Islam, and the obligation of his obedience to the commands and prohibitions of Allah that restrict him with the rules of Islam.
This specific type of living within a particular understanding of life and specific conduct in a defined path, is inevitably imposed upon every Muslim and all Muslims.
Hence Islam is not a spiritual deen (religion) only, and nor theological or priestly concepts. It is rather a particular way of life, which every Muslim and all Muslims must have their life be in accordance with this way alone.
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Q&A: Rizq (sustenance) is all that is supported by
Question:
Dear Sheikh and Eminent Scholar:
Assalam Alaikum Wa Rahamtullah Wa Barakatuh,
If you would be kind enough to answer a question for me that I did not get a satisfactory answer for, I ask Allah that I get the answer from you. Is sustenance limited to money only, meaning everything that can be owned for a Shariah reason? Or is the money of money, transferable or untransferable money part of the rizq, and does not contain all types of rizq (sustenance)? For example, is a good wife rizq (sustenance)? Is health, success and righteous offspring rizq (sustenance) as well?May Allah reward you on our behalf
Mohammad Al Harithy.Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh
Rizq (sustenance) is all that is supported by:
1- In “Lisan Al-Arab”: [And the Rizq of provision, which is the source of your saying, “Allah provided for him” … Rain may be called rizq, this is in the saying of Allah:
“…and [in] what Allah sends down from the sky of provision and gives life thereby to the earth after its lifelessness…” [Al-Jathiya: 5]
Allah (swt) says:
“And on the earth are signs for the certain [in faith]” [Adh-Dhariyat: 20]
Mujahid said it is the rain and this is the expansion of the language … and the rizq of the soldiers are their ambitions, they have sought provision (irtazaqu), Al-Razqa (with fatha) is for the singular and the plural is Al-Razaqat, and it is the
ambitions of soldiers…Irtazaq is when the soldiers gain their rizq.The meaning of Allah’s saying:
“And make [the thanks for] your provision that you deny [the Provider]?” [Al Waqi’a: 82]
Is to be thankful of one’s riziq, like their saying “we were sent down heavy rain like. It is like His saying:
“And ask the city” [Yusuf: 82] meaning its people. The Amir provided his soldiers, so they were provided (irtazaqu irtizaqan), and it is said that the soldiers were provided with one razqa only, and they were provided with two razqatain, i.e., twice. Ibn Barri…]2- In Al Muheet Dictionary it states: [Rizq (by kasra) means what is benefited by it, such as the mercenary, and the rain, and the plural is arzaq, and (by fatha) the real source, and the only one with the letter -Ha, its plural is razaqat, it is (Mutaharrik), it refers to the ambitions of the soldiers. Allah razaqahu means He (swt) provided him with a provision), and so-and-so thanked him, is provision (azdiya), and from this the verse:
“And make [the thanks for] your provision that you deny [the Provider]?” [Al-Waqi’a: 82]
3- In Al-Sihah in the language:
[Al-Rizq: what one benefits from, and the plural is Al-Arzaq. And rizq (sustenance) is giving, and it is the source of your saying: “Allah has provided for him”.
Al-Razqa is by fatha, for the singular, the plural is Al-Razaqat, which are the ambitions of the soldiers. Irtazaqa the soldiers means the that the soldiers took their provisions. Allah’s saying:
“And make [the thanks for] your provision that you deny [the Provider]?” [Al-Waqi’a: 82] i.e. the gratitude of your sustenance.
This is like his saying,
“And ask the city” [Yusuf: 82] meaning its people. And rain may be called rizq, and that is the saying of Allah (swt):
“…and [in] what Allah sends down from the sky of provision and gives life thereby to the earth …” [Al-Jathiya: 5].
Allah (swt) says:
“And on the earth are signs for the certain [in faith]” [Adh-Dhariyat: 20].
This is the expansion of the language.]
4- Al-Kurassa says about rizq (sustenance):
[As for the issue of rizq (sustenance), the numerous verses are definitive and leave no room for the one who believes in the Qur’an unless he believes that sustenance is in the hands of Allah (swt), He gives it to whomever He wills. The issue of rizq (sustenance) is not the issue of Al-Qadar. Al-Qadar is that Allah knows that a certain matter will happen before the occurrence of that matter, so it has been written and has been ordained.
As for rizq (sustenance) it is not only that Allah knows that so-and-so will have provision, so He has written and ordained it, but rather in addition to that, He ordained provision, for the Provider (Ar-Raziq) is Allah and not the servant.
This is what the verses indicate:
“We ask you not for provision; We provide for you, and the [best] outcome is for [those of] righteousness” [Ta-Ha: 132]
“Allah is Subtle with His servants; He gives provisions to whom He wills. And He is the Powerful, the Exalted in Might” [Ash-Shura: 19].
5- As for what you mentioned other than what is provided, such as: good offspring, health and wellness, and everything that falls within the sphere that controls you, i.e., it is not your voluntary work, it is in Qada, and this includes sustenance (rizq) and all the actions that occur from you or against you without your choice… It was stated in Al-Kurrasa on the subject of Al-Qada Wa Al-Qadar under the title: “The Right Opinion on the Issue of the Actions of People,” the following:
[The correct opinion on this issue with regard to the actions of people is that man lives in two spheres: one of them he controls, which is the sphere that in it falls his actions and within it is the scope of the actions that he performs of his own free will occur. The other sphere dominates him and it is the sphere in which he falls within it. Actions in it have nothing to do with him, whether they occurred from him or him. In this sphere falls the actions that he is not in control of, whether they fall from him or upon him. The actions that occur in the sphere that dominates him has nothing to do with him and their presence do not concern him.
They are of two types: a section that is required by the law of the universe, and a section in which the actions that are not within his power and which he cannot repel and are not required by the law of the universe. As for what is required by the law of the universe, he is subject to it and therefore proceeds according to it with no choice, because he lives within the universe and moves with life according to a specific system that does not lag behind.
Thus, the actions fall in this sphere outside of his control, and he has not forced nor has a choice in them.
All these actions that took place in the sphere that dominates man are what is called Qada, because only Allah (swt) is the One who has decreed them.
Therefore, the slave of Allah is not held accountable for these actions, no matter how good or bad they hold, or loved or hated by man. I.e., no matter how good or bad they hold according to man’s interpretation to them, because man has no effect on them and does not know about them, nor about how to find them, and he does not have the power to stop them or bringing them at all, and man must believe in this decree that it is from Allah (swt)].
I hope this is sufficient and Allah Knows Best, He is Most Wise.
Your Brother,
Ata Bin Khalil Abu Al-Rashtah
11 Safar Al-Khair 1444 AH
7/9/2022 CE -
Q&A: The State is an Executive Entity for a Set of Concepts, Criteria, and Convictions
Bismillah Al-Rahman Al-Raheem
Q&A: The State is an Executive Entity for a Set of Concepts, Criteria, and Convictions
(Translated)
To Abdul Rahman DarweeshQuestion:
Assalamu Alikum Wa Rahmatullah.
Before I ask my question, myself and my brothers in the Dawah, and they are many, pray for you with all the good, long life and to achieve the best work, Ameen.
As for my question, it is about getting the explanation of the phrase contained in the “Introduction to the Constitution”: (The state is an executive entity for a set of concepts, criteria, and convictions). What do these three terms specifically mean, with examples?
May Allah honour you and bless you.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh
To begin with, may Allah (swt) bless you and your brothers for your kind prayers for us, and we pray to Allah to grant you the good.
In your question, you referred to what came in the book Introduction to the Constitution Part One in the explanation of Article 1, which states: (Hence, the state was defined as an executive entity for a set of concepts, criteria, and convictions that were accepted by a group of people.) By the way, this statement is not only found in “The Introduction” book, it is included in other books such as the ”Islamic Personality” book, Part Two, where it says: (Because the entity of the Ummah is a group of people, with a set of concepts, criteria and convictions. The entity of the state is a group of people who have the authority to rule with a set of criteria, concepts and convictions), But the book that quoted this the most is (Entering the Society), in which this statement was mentioned dozens of times.
By examining this statement, the three terms (concepts, criteria, convictions), in general and in particular, become clear, as they say, as follows:
1- Ideas are the meanings of words, and concepts are the meanings of ideas. If a person believes in an idea, it turns from a mere idea to a concept that affects behaviour. It was stated in the “Islamic Personality” book, Part One, page 12-13, in the Word file:
[Concepts are the meanings of thoughts and not the meanings of statements. A statement or expression denotes a meaning that may or may not exist in reality. Thus, when the poet says:
ومن الرجال إذا انبريتَ لهدْمِهِمْ *** هَرَمٌ غليظُ منَاكِبِ الصُّفَّاحِ
فإذا رميتَ الحَقَّ في أَجْلادِهِ *** تركَ الصراعَ مُضعضَعَ الألواحِ
There is amongst men he who when attacked… is found to be robust and sturdy,
But when you hurl at him the truth….. He flees the fight at once, worn out;
These meanings exist in reality and are comprehensible through sense-perception, though comprehending them may require deep and enlightened thought. However, when the poet says:
قالوا: أَينظم فارسين بطعنةٍ *** يومَ النّزالِ ولا يراه جَليلاً
فأجبتهمْ: لو كانَ طولُ قَناتِهِ *** مِيلاً إذنْ نَظَمَ الفَوارسَ ميلاً
They asked: does he pierce two horsemen with one strike… and find this not a grand act? I answered them, ‘If his spear were the length a mile… A mile of horsemen he would pierce;
This connotation is absolutely non-existent.
The man praised did not pierce two horsemen with a single strike of his spear, nor did anyone ask this question, nor is it possible for him to pierce a mile of horsemen, these meanings illustrate and explain the words.
As for the meaning of fikr (thought), if the meaning indicated by the words exists in reality and is sensorially perceivable or conceivable by the mind as something that is sensed and thus believed in, this meaning is a concept for the person who senses it, or conceives and believes in it. It is not a concept for anyone who does not sense it or conceive it although he may understand the meanings of the sentence said to him or read by him.
Therefore, concepts are the comprehensible meanings whose reality is comprehended by the mind, whether it is a perceivable reality existing outside the mind or one that is accepted on the basis of perceivable reality as existing outside it. Anything apart from these meanings of words and sentences is not termed as a ‘concept’, it is mere information] End.
Accordingly, every thought that has become a belief is called a concept, regardless of the narrow or wide meaning contained in the concept.
2- Among the concepts are those related to only one branch, such as the prohibition of drinking alcohol. It contains one meaning, that the Shariah forbids drinking alcohol, meaning it contains only one branch ruling only. But some concepts relate to multiple meanings because several branch-ideas can be measured by them, so they are not confined to one matter, for example, the concept of halal and haram is a concept that covers all human actions. It is a criterion of human actions. It is not related to one thing only.
Rather, this concept in this case is a measure by which other ideas and concepts are measured, for example, the concept of the “origin in things is that they are permissible” is a criterion by which many things are measured and is not confined to one thing. For example, the concept of “the end does not justify the means” is a criterion for many political and non-political actions. It is a criterion for many political thoughts and actions.
So, the criteria are wider than the concept. On the other hand, it is more specific than the concept, as the term concept is given to partial ideas as it is given to the criteria. Thus, it becomes clear that every criterion is an idea and a concept for those who believe in it, but not every concept is a criterion because the concept may be a branch idea and it may be a criterion, but the criterion can only be something on which branches are built and measured, so it is not a branch idea.
3- As for convictions, they are the concepts and criteria that took the role of traditions in the individual and the Ummah, and became so concentrated in the soul and in the society that are difficult to remove. If the concepts and criteria become deep rooted in the souls, they reach the higher degree to become a conviction in the individual and society that are difficult to remove.
There are some concepts and criteria that must reach the degree of convictions in individuals and society to protect the individual and the Ummah, such as the concept and criteria that “the origin of actions is the adherence to the Shariah ruling”, and such as the concept of obedience, and the example of jihad, and the example of trust in Allah (tawakul) … etc.
Considering what is mentioned above about conviction, every conviction is a concept or a criterion, but not every concept or criteria is a conviction, because the concept and criteria that are not rooted in souls and in society do not reach the degree of conviction even if people believe in them. That is, they do not reach a degree of firmness and establishment and stability, so that they are defined as convictions. This, of course, does not mean that people are not convinced of them in the linguistic sense of conviction, because they believe in them; rather, they do not achieve the description of convictions in the technical meaning, although they have become a concept and a criterion.
In the book, The Social System, p. 11, Word File: [As for the reason for this intellectual disturbance, and the deviation in understanding from what is correct, it is due to the sweeping invasion by Western civilization and its control of our thinking and taste completely, by which it changed our concepts about life, our criteria of things and our deeply rooted convictions in our souls like our protective jealousy for Islam and our veneration of our sanctities.] End
Conclusion: If the idea is a branch idea and becomes a belief then it is a concept, and if it is an idea upon which other branch ideas are based and becomes a belief, then this concept becomes a criterion, and if the concept and the criterion are rooted in the souls, in the society and the Ummah they become convictions. Thus, the intended use of these three terms and the need to differentiate between them when working to change society and establish the state becomes clear. When the party works in the Ummah for change, it must be aware and should know the branch ideas that it wants to transform into concepts in the Ummah, and be aware of the criteria that it wants to establish in the Ummah, and be aware of concepts and criteria which it wants to take on the role of tradition so that it is rooted in the souls, in society and the Ummah, to become convictions that are difficult to remove. Thus, the party can set its priorities in work before the establishment of the state and after its establishment by focusing on the concepts and criteria that are the most important and most necessary to preserve the Ummah and the state, and gives them the most attention, and works to transform them into convictions that cannot be easily shaken from the soul.
I hope the answer is clear.
Your Brother,
Ata Bin Khalil Abu Al-Rashtah17 Muharram 1444 AH
15/8/2022 CE -
Q&A: What is Considered Hujja (Definite Proof) from the Qur’an is What Has Been Transmitted to us by Mutawatir
Answer to Question
What is Considered Hujja (Definite Proof) from the Qur’an is What Has Been Transmitted to us by Mutawatir
To: Tariq MahmoudQuestion:
Assalam Alaikum Wa Rahmatullah Wa Barakatuh
My honourable Sheikh, may Allah bless you continuously with good health and support you with the strong and pious Muslims and grant victory by your hands, Amen, O Lord of the worlds.
My honourable Sheikh, as I read in the books of scholars, I skimmed through texts narrated by some of the companions such as Abdullah bin Masoud or the Mother of the Believers, Aisha, may Allah be pleased with them, on the grounds that these texts are Qur’anic verses, but they were not taken or considered from the Qur’an because they were mentioned as Ahad (single chain) narrations. It is known that the Qur’an is not proven by Ahad narrations because they are indefinite texts.
But how do we deal with these texts, since they are authentic and came on the tongue of someone who is trustworthy, just and upright, even if they were not proven by mutawatir (multiple chains narrations), but they were proven by the least amount of doubt. So, are these texts considered by jurists and mujtahids, in terms of implementation as legal texts (Shari’) from which legal rulings (Ahkam Shariah) can be derived, or are they not considered as such, and it is as if they were not reported?
May Allah bless you and forgive me for the long post.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh
May Allah bless you for your good prayers for me, and I pray for you with the good.
As for your question about the Noble Qur’an, before answering, I would like to quote from our books to you the following:
1- In the book, The Islamic Personality Volume III, chapter “What is considered a Hujja (Definite Proof) from the Qur’an” it says the following:
[What has been transmitted to us from the Qur’an by Tawatur (multiple chains of narrations), and we know that it is from the Qur’an, is only that is taken as Huja (defininte proof). As for what has been transmitted to us by Ahad (single chain narrations), such as the Mushaf of Ibn Masoud and others, it is not a Huja (definite proof). End Quote. And that is because the Prophet (saw) was assigned to recite what was revealed to him of the Qur’an to a group, whose statements are taken as definite proof, and those whose statement are a definite proof, it is inconceivable that they agree on not transmitting what they heard. If there is something from the Qur’an that was not transmitted by those whose statements are definite, but rather it was reported as Ahad (single) narration, then it is not considered. Because it came contrary to what the Messenger (saw) was mandated to transmit; to one person alone, and it is contrary to what was required of reciting the Qur’an from the Messenger to a number of Muslims who would memorize it, and they would be among those whose sayings are a proof, in addition to his command to them to write it. Therefore, it is not correct, in this case that the single transmission or the transmission by a number whose statements do not establish a proof, to transmit anything from the Qur’an; Therefore, what has been transmitted from the Qur’an by Ahad (single) narration is not an absolute proof].
– The same source stated the following:
[And as for the different copies of the Qur’an, those of them that are transmitted through Ahad (single chain narration), it is not from the Qur’an, and it is not a definite proof. But the mutawatir (multiple chains of narrations), they are from the Qur’an, and are a definite proof. The issue is not related to the Mus’haf (Book), but rather to the verses contained in the Mus’haf. If the verse was transmitted by tawatur (multiple chains of narrations) from the Prophet (saw), i.e., the number of narrations received from the Prophet (saw) reached the level of tawatur. I.e., their statement becomes an established proof, then it is considered from the Qur’an; and is a definite proof. Otherwise, it is not considered from the Qur’an. That is why the entire Mus’haf of Othman is the Qur’an; because all the verses that it contains have been transmitted by tawatur (multiple chains of narrations), and were transmitted by those whose statement is a definitive proof. However, the Mus’haf of Ibn Masoud is looked into it, so what it contains of the verses that were transmitted by tawatur (multiple chains of narrations) is considered from the Qur’an, and what it contains of verses that were transmitted by Ahad (single chain of narration), such as the verse “Fasting for three consecutive days” It is not considered from the Qur’an, nor is it a definite proof.]
Accordingly, the objection that was made regarding the memorizers of the Qur’an, and regarding the companions’ Mus’haf, is rejected, and it proves that the Qur’an is what has been transmitted by tawatur (multiple chains of narration), and what has been transmitted by Ahad (single chain of narration) is not from the Qur’an. It should be noted that the Qur’an was transmitted by witnessing the Prophet (saw) receive the revelation when it was revealed, and it was recorded in writing along with its memorization. The Companions, may Allah (swt) be pleased with them, did not narrate the Qur’an as a narration from the Messenger, rather they transmitted exactly what was revealed by the Wahi (divine revelation). The Messenger’s (saw) command to write it, is contrary to the Hadith, it was narrated from the Messenger (saw) and it was not recorded when it was said, nor when it was narrated. It was codified and recorded in the era of the followers of the followers (tabi’ at tabi’een). As for the Qur’an, it was written down and recorded when the revelation was revealed, and the Companions transmitted the exact same thing that was revealed by the revelation. That is why it is said: The Companions transmitted the Qur’an to us by transmission.
2- And it was stated in the book, The Islamic Personality, Volume III, under the chapter of “The Abrogator and the Abrogated”:
[The second is that what is intended is abrogating the ruling of the verse, not abrogating its recitation. This is the accepted statement by the majority (scholars) and what is adopted. It is supported by the fact that all verses of the Qur’an were proven by definite evidence. And verses that were not proven by definite evidence are not considered Qur’an. The abrogation of a recitation of a verse of the verses of the Qur’an was not proven by definite evidence. What was reported from the indefinite evidence on the existence of abrogation of the recitation has no value in considering the abrogation; because the definite is not abrogated by indefinite, and it is not abrogated except by definitive, like it or above it, and there is no definitive evidence for the abrogation of the recitation, this supports that what is intended is the abrogation of the ruling and not the abrogation of the recitation.] End Quote
The same source also stated the following:
[As for the abrogation of the recitation of the Qur’an, it is prohibited and not permissible, and its occurrence has not been proven by definitive evidence. The evidence for this prohibition is the verse that is the evidence for the permissibility of abrogation, which is: نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا “We bring forth [one] better than it or similar to it” [Al-Baqara: 106]. And the entire Qur’an is good, there is not any discrepancy in it. If what was meant by abrogation of the verse is to remove it from Al-Lawh Al-Mahfouz (Preserved Tablet), and to write a different one to replace it, the description of good would not have been fulfilled, therefore the intention is not the verse but its ruling. Also, the Qur’an has been proven to have been revealed, memorized, and written by way of tawatur (multiple chains of narrations), and believing in it in this way is a creed, it is only taken from the definite evidence of text and meaning. This did not happen since there is no definite evidence that it is permissible to abrogate the Qur’an by recitation. It is not permissible to abrogate it by recitation. As for the fact that the Qur’an was not abrogated by recitation, its evidence is that no definitive evidence came to prove that any of its verses established by definitive evidence had been abrogated. As for what was narrated on the authority of Zaid bin Thabit, he said: I heard the Messenger of Allah (saw) say:
«الشَّيْخُ وَالشَّيْخَةُ إِذَا زَنَيَا فَارْجُمُوهُمَا الْبَتَّةَ. فَقَالَ عُمَرُ: لَمَّا أُنْزِلَتْ هَذِهِ أَتَيْتُ رَسُولَ اللَّهِ ﷺ فَقُلْتُ: أَكْتِبْنِيهَا»
“The old man and the woman, if they commit adultery, stone them definitively” Umar (ra) said: When this verse was revealed, I came to the Prophet (saw) and said: “Write it for me”. [Extracted by Ahmad]. And what was narrated that Aisha (ra) said:
«كَانَ فِيمَا أُنْزِلَ مِنَ الْقُرْآنِ عَشْرُ رَضَعَاتٍ مَعْلُومَاتٍ يُحَرِّمْنَ، ثمَّ نُسِخْنَ بِخَمْسٍ مَعْلُومَاتٍ»
“From what was revealed in the Qur’an, ten known breastfeeds are prohibited, then it was abrogated to five known ones.” [Extracted by Muslim]. What was narrated on the authority of Ubai bin Kaab and Ibn Masoud, that they recited: «فصيام ثلاثة أيام متتابعات» “So fasting three consecutive days.” And what was narrated that Surat Al-Ahzab was equivalent to Surat Al-Baqarah, etc., all of them are Ahad (single chain narrations) which has no proof of abrogating the definite; because they are indefinite narrations, and the definitive is not abrogated by the indefinite, only the definite abrogates it, so it must be proven with the definitive evidence that this verse was revealed so that it is believed to be from the Qur’an, then it is should be proven by the definite evidence that it was abrogated, and this has never happened, and therefore the abrogation of the Qur’an by recitation did not happen.”
3- Accordingly, here are the answers to your questions:
a- The Noble Qur’an is defined as follows: (It is the word of Allah revealed to His Messenger Muhammad (saw), through the revelation Jibreel peace be upon him, in word and meaning, the miraculous, the worshiped by its recitation and transmitted to us by mutawatir). It is the Qur’an that was revealed to our master Muhammad (saw), and it is what has been transmitted to us between the two covers of the Mus’haf with Mutawatir (multiple chains of narrations) transmission. This definition is fully applicable to the Mus’haf of Uthman, may Allah be pleased with him, that is, to the Qur’an that was copied at the time of the rightly-guided Caliph Uthman ibn Affan in several copies of the papers compiled by Abu Bakr, may Allah be pleased with him, from what was written in front of the Messenger (saw), and what Uthman (ra) copied was sent to Muslim capitals, and the companions of the Messenger (saw) unanimously agreed upon it, as detailed in our books.
b- This means that what has been transmitted to us from the Qur’an from Ahad (single chain of narration), such as the Qur’an of Ibn Masoud and others, is not Qur’an and is not a proof. Likewise, it is not from the Sunnah, because it was narrated as the Qur’an, and it was not narrated to be from the Hadith of the Prophet (saw) and as long as it is not a Sunnah, then it is not permissible to refer to it in the Shariah rulings and other matters that should be deduced from the Shariah evidences.
c- Reciting the Qur’an with such narrations and odd readings is not correct, and we have mentioned what indicates this in the answer to a question dated 18 Dhul-Qi’dah 1434 AH – 24/9/2013 CE, and it says:
[As for reciting the Qur’an with non-mutawatir readings, whether they agree with the handwriting of the Ottoman Qur’an or not, it is not permissible to recite with them, for it is not Qur’an, rather the Qur’an is what was transmitted by mutawatir from the Messenger of Allah (saw)]
d- As long as these texts that are narrated through Ahad (single chain of narrations) as the Qur’an, has not been proven that they are from the Qur’an, and likewise they are not considered a Sunnah from the Prophet (saw) because they were not narrated as being a Sunnah. Therefore, the best assumption of this is to consider it as the interpretation and clarification of the Qur’an by a companion, that is, it is considered as a saying of the companion who narrated it when explaining the meaning of the verse to which this addition or recitation was attached. That is, he read the verse, then gave its explanation without separating between the verse and his interpretation, so they were narrated together, and the listener thought it was from the Qur’an. It is not from the Qur’an, but rather an interpretation of the Companion according to his opinion. This is what it can be interpreted as, and it cannot go beyond that in any way. So the recitation of Ibn Masoud, for example: «فصيام ثلاثة أيام متتابعات»، “Then fasting three consecutive days”, by adding «متتابعات» “…consecutive days” a statement by Ibn Masoud that shows the necessity of successive fasting for kaffara (expiation) of breaking an oath, meaning that the addition is an explanation of the rule of succession of days according to the opinion of Ibn Masoud (ra) and this does not go beyond the fact that it is Ijtihad and understanding. Of a companion, and does not take the rule of Shariah evidence from the Sunnah.
e- Accordingly, every Ahad (single chain of narration) text of the Holy Qur’an that contradicts the definite text is examined:
– If its chain of transmission is weak, it will be rejected due to its weakness
– And if its chain of transmission is authentic, it will be rejected in terms of meaning due to contradicting definite (meaning).
4- I will mention what was mentioned in some books of Muslim jurists on such matters, for information:
a – It was stated in the Kuwaiti Fiqh Encyclopedia (p11908) the following:
[The Qur’an is what has been transmitted to us between the two covers of the Mushaf (Qur’an book) with mutawatir transmission, and is bound by the Mushafs (Qur’an books); because the Companions, may Allah (swt) be pleased with them, exaggerated in transferring it and filtering it of everything else, to the extent that they hated the tithes and dots so that it would not be mixed with other, so we know that what is written in the agreed-upon Mus’haf (Qur’an book) is the Qur’an, and that what is outside of it is not from it, as it is impossible in custom and tradition with the availability of reasons for memorizing the Qur’an that part of it be neglected, and it does not get transmitted, or is mixed with what is not from it.]
The Encyclopedia of Fiqh continues: [There is no dispute that everything that is from the Qur’an must be mutawatir in its origin and parts, and it is similar in: place, status and arrangement, according to the scholars of the Sunnah. That is, it must be mutawatir. It is stated in “Musallam Athuboot Wa Sharhihi Fawatih al-Rahmut”: What was transmitted by Ahad is not definitely a Qur’an, and no disagreement was known about it by one of the people of school of thoughts. And it inferred that the Qur’an is one of the things that have reasons for its transmission for including the challenge; And because it is the origin of the rulings, considering the meaning and the systems all together, until many rulings are attached to its systems. And because it is the source of blessing in every age by reading and writing, and therefore the effort of the Companions to memorize it is known by definitive mutawatir, and everything that is available for its transmission is transmitted usually by mutawatir, for its existence is required for mutawatir for everyone usually, if the necessary is negated, which is mutawatir, the required is negated definitely, and what is transmitted by Ahad is not mutawatir, so it is not Qur’an …] End.
b- The following is stated in the book, Al-Itqan Fi Uloom Al-Qur’an 1/279 by As-Siyooti: [And Abu Ubaid said about the virtues of Qur’an: The intention of odd recitation is the interpretation of the famous recitation and to show their meanings, like the recitation of Aisha and Hafsa: “والصلاة الوسطى صَلَاةِ الْعَصْرِ” “And the middle prayer is Asr prayer” And the recitation of Ibn Masood: “فَاقْطَعُوا أَيْمَانَهُمَا” “So cut off their rights” And the recitation of Jabir: “فَإِنَّ اللَّهَ مِنْ بَعْدِ إِكْرَاهِهِنَّ لَهُنَّ غَفُورٌ رَحِيمٌ” “So Allah after the coercion to them is forgiving and merciful” He said: These letters and the like have become tools to explain the Qur’an. The same was used to be narrated about the Tabi’een regarding the tafseer and it was praised, so how then if it is from the companions….]
I hope that this answer is sufficient, and Allah Knows Best and is Most Wise.
Your Brother,
Ata Bin Khalil Abu Al-Rashtah22 Dhul Hijjah 1443 AH
21/7/2022 CEThe link to the answer from the Ameer’s Facebook page
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Q&A: The Obligation of Successive Fasting of the Expiation (Kaffara)
بسم الله الرحمن الرحيم
Answer to Question
The Obligation of Successive Fasting of the Expiation (Kaffara)
To: Abu Hanifa Al-Shami
(Translated)Question:
May Allah bless you, our eminentAmeer,
What if he starts fasting the two months in the month of Dhul-Qi’dah, for example, is it permissible for him to fast on the day of al-Adha, or is it permissible for him to interrupt the sequence by breaking the fast and then making up for it after that?
Please advise us, may Allah bless you
Answer:
Assalam Alaikum Wa Rahmatullah Wa Barakatuh,
In your inquiry you comment on the answer to the question that we issued on 15 Sha’ban 1443 AH corresponding to 18/3/2022 CE, about the expiation for accidental killing, and if it is permissible for the month of Ramadan to be among the two months of the expiation that Shariah enjoins their fasting for those who cannot find a neck to free.
And you are asking about the sequence of the consecutive two months, if the fast begins in the month of Dhul-Qi’dah, is it permissible for him to fast on the day of al-Adha, and if it is permissible for him to interrupt the sequence by breaking the fast during al-Adha?
The answer to that is as follows:
1- The ruling on expiation for accidental killing is stated in the Allah’s saying:
[وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِناً إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِناً خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيماً حَكِيماً]
“And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake – then the freeing of a believing slave and a compensation payment presented to the deceased’s family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer – then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty – then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] – then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise” [An-Nisa: 92]. According to this noble verse, what is required in the absence of the neck to free, is to fast two consecutive months, and this means that the one from whom the expiation is required must fast at a time in which he can achieve what is required in the verse, of consecutive fasting of the two months. This is not possible in Dhul-Qi’ddah and Dhul-Hijjah because fasting is interrupted by the presence of the day of al-Adha and the days of At-Tashreeq.
Therefore, the one who is required to carry out the expiation for accidental killing in accordance with this verse, should search for the possibility of fasting two consecutive months without interruption, which he is able to avoid, as we explained in the answer to our previous question.
For your information, in the Kuwaiti Fiqh Encyclopedia, the opinions of the schools of thought on the issue of breaking the sequence with breaking the fast of the two Eids and the days of At-Tashreeq is mentioned as follows:
[What breaks the succession in the fast of expiations:
The sequence of expiation fasting is interrupted by things mentioned by the fuqaha’, which are:
…………….
C- The advent of Ramadan, the two Eids and the days of Al-Tashreeq:
12- The Hanafi’s view is that the advent of the month of Ramadan and Eid Al-Fitr or Eid Al-Adha and the days of Al-Tashreeq interrupts the fasting of the expiation, because of the obligation of fasting Ramadan and the prohibition of fasting the others. Also, for the ability of the person to find two months that do not include what is mentioned. This is also the view of the Shafi’is in fasting of other than the captive. As for the captive, if he fasts according to his own Ijtihad and Ramadan comes or Eid before finishing the two months, this interruption is different to the interruption of breaking of the fast by the sick.
[As for the Maliki’s they mentioned: that to deliberately break the day of Eid breaks the consecutive sequence of fasting the expiation, also if then he deliberately fasts Dhul Qi’dda and Dhul Hijjah for the expiation of Zihar, knowing that Eid will be included in those days, is different to him not being aware, and in this case it is not interrupted. This is like if he thought that Dhul Hijjah is Muharram and he fasts it with the following month thinking that it is Safar, and this later became clear.
As for the Hanbalis their view is that fasting the expiation is not interrupted by that at all, due to the obligation by Shariah to fast Ramadan, and that breaking fast of the two Eids and the days of Al-Tashreeq is an obligation also by the obligation of the Shariah, i.e., that the Shariah forbade him from fasting that time, like the night] End.
This means that the Hanafis, Shafi’is and Malikis believe that breaking the fast on the day of Eid interrupts the sequence of the two months of expiation, that is, the one who has to carry out the expiation must start the calculation of the two months anew. As for the Hanbalis, the succession of the two months of expiation is not interrupted by Eid al-Adha.
2- As for fasting Al-Adha day and the days of At-Tashreeq, it is not permissible, this is due to what Muslim narrated from Abu Huraira (ra) that the Messenger (saw): «نَهَى عَنْ صِيَامِ يَوْمَيْنِ يَوْمِ الْأَضْحَى وَيَوْمِ الْفِطْرِ» “He forbade fasting on two days – the day of the Id al-Fitr and the day of the Id al-Adha.” For what was narrated by Muslim from Nubaisha al-Hudhali, he reported that Allah’s messenger said: «أَيَّامُ التَّشْرِيقِ أَيَّامُ أَكْلٍ وَشُرْبٍ» “The days of at-tashriq* are days of eating, drinking.” This means that the person who carries out the expiation is not allowed to fast on the Day of Al-Adha or the days of At-Tashreeq if the expiation fasting includes them. Rather he must break his fast on those days. Thus it means the break of the consecutive expiation fasting that he started in Dhul Qi’ddah. This means he must begin to fast for two consecutive months other than what he previously fasted due to the interruption of the sequence required by Shariah in fasting the two months of the expiation.
3- When reviewing the answer to the question that we issued on 15 Sha’ban 1443 AH corresponding to 18/3/2022 CE, it came to our attention that there was a clerical error that occurred apparently inadvertently, and it was stated in the aforementioned answer:
[The expiation for accidental killing is to fast for two consecutive months for one who does not have a neck to free, or to feed sixty poor persons, as stated in the noble verse
[وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِناً إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِناً خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيماً حَكِيماً]
“And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake – then the freeing of a believing slave and a compensation payment presented to the deceased’s family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer – then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty – then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] – then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise” [An-Nisa: 92]].
So, the statement in the previous answer: “It is to fast for two consecutive months for one who does not have a neck to free or to feed sixty poor persons” is correct to the word “to free it.” As for the sentence “or feeding sixty poor persons” it is not correct, it is not valid for the expiation for accidental killing to feed sixty poor persons, and the verse in the answer did not mention feeding sixty poor persons, rather the answer stated that the one who is unable to fast should feed… It was mentioned in the aforementioned answer, part 3:
(What I view as stronger, is that if he is not able to fast for the approved reason, as we mentioned above, then he does not have to do anything, but rather he asks Allah’s forgiveness and draws close to Him with supererogatory deeds, and Allah is Forgiving, Most Merciful. As for why we did not measure the expiation for wrongful killing on the expiation for zihaar, because there is no analogy (qias) in expiations, it has no I’la (reason/cause)…etc.)
Based on this, it seems that this sentence (or feeding sixty poor persons) has been inadvertently placed in this place, as it contradicts the rest of what was stated in the answer referred to, and the correct thing is to say this by deleting the incorrect sentence:
[The expiation for accidental killing is to fast for two consecutive months for one who does not have a neck to set free, as stated in the noble verse:
[وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِناً إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِناً خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيماً حَكِيماً]
“And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake – then the freeing of a believing slave and a compensation payment presented to the deceased’s family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer – then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty – then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] – then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise” [An-Nisa: 92]. It is clear from the verse that what is required is fasting these two months for the expiation, and it does not include other fasts that are required for other than expiation, such as fasting in the month of Ramadan, the Shariah text regarding fasting Ramadan is:
[شَهْرُ رَمَضَانَ الَّذِي أُنْزِلَ فِيهِ الْقُرْآنُ هُدًى لِلنَّاسِ وَبَيِّنَاتٍ مِنَ الْهُدَى وَالْفُرْقَانِ فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ]
“The month of Ramadhan [is that] in which was revealed the Qur’an, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it” [Al-Baqara: 185]. It is a different Shariah text to the expiation for killing, so they do not overlap.]
I hope the answer is clear.
Your Brother,
Ata Bin Khalil Abu Al-Rashtah28 Dhul Qi’dah 1443 AH
27/6/2022 CE -
Q&A: The Hadiths of the Work of Magic (Sihr) on the Prophet (saw) is Rejected in terms of Meaning (diraya) because it Contradicts the Concept of Infallibility (I’sma) of Prophethood
Answer to Question
The Hadiths of the Work of Magic (Sihr) on the Prophet (saw) is Rejected in terms of Meaning (diraya) because it Contradicts the Concept of Infallibility (I’sma) of Prophethood
To: Rabi’ Al-Rabi’
(Translated)Question:
Assalam Alaikum Wa Rahmatullah Wa Barakatuh
My dear brother, my question is about the Hadith of Labid bin Al-A’sam and the magic (sihr) performed on the Prophet, does the Hadith undermine the infallibility (I’sma) of Prophethood?
Allah (swt) says:
(وما ينطق عن الهوى * إن هو إلا وحي يوحى) “Nor does he speak from [his own] inclination * It is not but a revelation revealed” [An-Najm: 3-4].
He (swt) says:
(يَا أَيُّهَا الرَّسُولُ بَلِّغْ مَا أُنْزِلَ إِلَيْكَ مِنْ رَبِّكَ وَإِنْ لَمْ تَفْعَلْ فَمَا بَلَّغْتَ رِسَالَتَهُ وَاللَّهُ يَعْصِمُكَ مِنَ النَّاسِ إِنَّ اللَّهَ لَا يَهْدِي الْقَوْمَ الْكَافِرِينَ)
“O Messenger, announce that which has been revealed to you from your Lord, and if you do not, then you have not conveyed His message. And Allah will protect you from the people. Indeed, Allah does not guide the disbelieving people” [Al-Ma’ida: 67]. And He (swt) says:
(إِذْ يَقُولُ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلا رَجُلا مَسْحُوراً) “When the wrongdoers say, “You follow not but a man affected by magic.” [Al-Isra: 47]. So, is the Hadith narrated by Aisha that Labid bin Al-A’sam performed magic on the Prophet rejected in meaning (diraya) because it contradicts infallibility (I’sma)?
May Allah (swt) guide you to what is good and to establishing the Khilafah (Caliphate), and that you will be gathered on the Day of Resurrection with the Prophets, the truthful ones, the righteous and the martyrs, may Allah (swt) protect you, our Sheikh.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh
First: Yes, the Hadith is rejected in meaning. To be rejected in meaning (diraya), means the following:
It is mentioned in The Islamic Personality Volume 1, p. 188:
(… Rather, the matter is that if a Hadith contradicts what came in the Qur’an, which is definite in meaning, then the Hadith will be rejected in meaning (diraya) i.e., the text, because its meaning contradicts the Qur’an…)
In The Islamic Personality Volume 3, page 93 under the heading “Conditions for Accepting Khabar Ahad”, mentions:
(Khabar Ahad is accepted if it fulfills its conditions; in narration (riwaya) and meaning (diraya) … As for the conditions for accepting Khabar Ahad in terms of meaning (diraya), it means that it must not contradict what is stronger than it, like a verse or a mutawaatir Hadith or well-known Hadith…)Second: To further clarify the issue, I will mention the following points:
1- The Messenger (saw) is infallible (ma’soom) from carrying out any forbidden (Haram) and disliked (Makrooh) actions, and the evidence for that is definitive. Everything that the Messenger (saw) does is a revelation from Allah (swt), whether it is obligatory (fardh), recommended (mandoub) or permitted (mubah). Allah (swt) says:
(إِنْ أَتَّبِعُ إِلَّا مَا يُوحَى إِلَيَّ) “I only follow that which is revealed to me” [Al-Ahqaf: 9]. And He (swt) says:
(قُلْ إِنَّمَا أَتَّبِعُ مَا يُوحَى إِلَيَّ مِنْ رَبِّي) “Say, “I only follow what is revealed to me from my Lord” [Al-A’raf: 203]. In addition, he (saw) is an example to Muslims, and He (swt) says:
(وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا) “And whatever the Messenger has given you – take; and what he has forbidden you – refrain from. And fear Allah; indeed, Allah is severe in penalty” [Al-Hashr: 7]. And He (swt) says:
(قُلْ إِنْ كُنْتُمْ تُحِبُّونَ اللَّهَ فَاتَّبِعُونِي يُحْبِبْكُمُ اللَّهُ) “Say, [O Muhammad], “If you should love Allah, then follow me, [so] Allah will love you” [Aal-i-Imran: 31]. Likewise, everything that the Messenger (saw) says, whether it is a command or a prohibition, it is a revelation from Allah (swt).
2- Yes, as you mentioned in your question, they accused the Messenger, of being subject to the work of magic, and the Qur’an replied to them with what indicates that the Messenger (saw) is neither bewitched nor becomes affected by magic (sihr). In Surat Al-Isra, Allah (swt) says:
(نَحْنُ أَعْلَمُ بِمَا يَسْتَمِعُونَ بِهِ إِذْ يَسْتَمِعُونَ إِلَيْكَ وَإِذْ هُمْ نَجْوَى إِذْ يَقُولُ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً)
“We are most knowing of how they listen to it when they listen to you and [of] when they are in private conversation, when the wrongdoers say, “You follow not but a man affected by magic.” [Al-Isra: 47]. Al-Qurtubi says in his interpretation of this noble verse: (… they listened to the Prophet recite the Qur’an. And they get repulsed away and say: He is a magician and is affected by magic (sihr), as Allah (swt) mentioned about them. Qatada and others narrated it. (وَإِذْ هُمْ نَجْوى) “…when they are in private conversation” [Al-Isra: 47] that is, they discuss privately your affair. Qatada said: Their private conversation (najwa) was their saying that he (saw) is insane, that he (saw) is a sorcerer, and that he (saw) relates legends of the previous people, among other things. And it was said that it was revealed: when he (saw) invited the notables of Quraysh to the food that he (saw) made for them, and the Prophet entered to them, and he (saw) recited Qur’an to them and called them to Allah. They spoke privately and said that he (saw) is a magician and is insane.
It is said: The Prophet (saw) ordered Ali to prepare food and invite the notables of Quraysh from the polytheists. Ali did that, the Prophet (saw) came to them and recited Qur’an to them and called them to Tawheed, He (saw) said:
«قُولُوا لَا إِلَهَ إِلَّا اللَّهُ لِتُطِيعَكُمُ الْعَرَبُ وَتَدِينَ لَكُمُ الْعَجَمُ» “Say: There is no god but Allah, the Arabs will obey you and the non-Arabs will follow your Deen.” They refused. They used to listen (Qur’an) from the Prophet (saw), and say among themselves, he is a sorcerer, and he is bewitched. Thus, the verse was revealed. Al-Zajjaj said: An-Najwa (private talk) is a name for the source (masdar), that is, while they hold private (najwa) talks, meaning secrets (إِذْ يَقُولُ الظَّالِمُونَ) “When the wrongdoers say” [Al-Isra: 47] that is, Abu Jahl and al-Walid ibn al-Mughirah and their likes.
(إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً) “You follow not but a man affected by magic.” [Al-Furqan: 8]. That is to say, a person who has been affected by magic, so he is confused about things. They said that in order to drive people away from him (saw).) End
The wording of the text (mantouq) of the noble verse is a response to what they used to say about the Messenger (saw), that He is affected by magic, and the meaning of the verse (mafhoum) is that the Messenger (saw), is not bewitched and does not get bewitched.
This is mentioned also in Surat Al-Furqan, in Allah’s (swt) saying:
(وَقَالُوا مَالِ هَذَا الرَّسُولِ يَأْكُلُ الطَّعَامَ وَيَمْشِي فِي الْأَسْوَاقِ لَوْلَا أُنْزِلَ إِلَيْهِ مَلَكٌ فَيَكُونَ مَعَهُ نَذِيراً * أَوْ يُلْقَى إِلَيْهِ كَنْزٌ أَوْ تَكُونُ لَهُ جَنَّةٌ يَأْكُلُ مِنْهَا وَقَالَ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً * انْظُرْ كَيْفَ ضَرَبُوا لَكَ الْأَمْثَالَ فَضَلُّوا فَلَا يَسْتَطِيعُونَ سَبِيلاً)
“And they say, “What is this messenger that eats food and walks in the markets? Why was there not sent down to him an angel so he would be with him a warner? * Or [why is not] a treasure presented to him [from heaven], or does he [not] have a garden from which he eats?” And the wrongdoers say, “You follow not but a man affected by magic.” * Look how they strike for you comparisons; but they have strayed, so they cannot [find] a way” [Al-Furqan:7-9]. The wording of the text (mantouq) of the noble verse is also a response to what they used to say about the Messenger (saw), that he is bewitched, and the meaning of the verse is that the Messenger (saw) is not bewitched and does not get affected by magic.
3- The punishment for a sorcerer in Islam is death, and the evidences for this are numerous and are well-known.
– Al-Hakim narrated in Al-Mustadrak from the two Sahihs, and he said this is a Hadith with a sahih chain of narrators (sanad): On the authority of Jundub Al-Khair, he said: The Messenger of Allah (saw) said:
«حَدُّ السَّاحِرِ ضَرْبَةٌ بِالسَّيْفِ»
“The punishment given to a magician is a stroke with the sword.”
– It was stated in Musnad Al -Shafi’i: Sufian informed us, on the authority of Amr ibn Dinar, that he heard of his condition. He said: Omar (ra) wrote, “kill every magician, male or female.” He said: we killed three magicians”. He told us that Hafsah (ra), the Prophet’s wife killed a slave-girl who performed black magic on her.
Thus, the punishment of the sorcerer in the well-known sense of magic, is this punishment of death.
Third: Now we answer your question about the Hadith which says that Labid bin Al-A’sam bewitched the Messenger (saw), the Hadith is:
Muslim narrated from Aisha (ra) that she said: Magic was placed on Allah’s Messenger by a Jew from the Jews of Bani Zuraiq, he was called: Labid bin Al-A’sam. so that he began to imagine that he had done something although he had not. One day, or one night, while he was with me, he invoked Allah and invoked for a long period and then said,
«يَا عَائِشَةُ أَشَعَرْتِ أَنَّ اللهَ أَفْتَانِي فِيمَا اسْتَفْتَيْتُهُ فِيهِ؟ جَاءَنِي رَجُلَانِ فَقَعَدَ أَحَدُهُمَا عِنْدَ رَأْسِي وَالْآخَرُ عِنْدَ رِجْلَيَّ، فَقَالَ الَّذِي عِنْدَ رَأْسِي لِلَّذِي عِنْدَ رِجْلَيَّ، أَوِ الَّذِي عِنْدَ رِجْلَيَّ لِلَّذِي عِنْدَ رَأْسِي: مَا وَجَعُ الرَّجُلِ؟ قَالَ: مَطْبُوبٌ، قَالَ: مَنْ طَبَّهُ؟ قَالَ: لَبِيدُ بْنُ الْأَعْصَمِ، قَالَ: فِي أَيِّ شَيْءٍ؟ قَالَ: فِي مُشْطٍ وَمُشَاطَةٍ، قَالَ: وَجُفِّ طَلْعَةِ ذَكَرٍ، قَالَ: فَأَيْنَ هُوَ؟ قَالَ: فِي بِئْرِ ذِي أَرْوَانَ» قَالَتْ: فَأَتَاهَا رَسُولُ اللهِ ﷺ فِي أُنَاسٍ مِنْ أَصْحَابِهِ، ثُمَّ قَالَ: «يَا عَائِشَةُ وَاللهِ لَكَأَنَّ مَاءَهَا نُقَاعَةُ الْحِنَّاءِ، وَلَكَأَنَّ نَخْلَهَا رُءُوسُ الشَّيَاطِين» قَالَتْ فَقُلْتُ: يَا رَسُولَ اللهِ أَفَلَا أَحْرَقْتَهُ؟ قَالَ: «لَا أَمَّا أَنَا فَقَدْ عَافَانِي اللهُ، وَكَرِهْتُ أَنْ أُثِيرَ عَلَى النَّاسِ شَرّاً، فَأَمَرْتُ بِهَا فَدُفِنَتْ»
“O ‘Aisha! Do you know that Allah has instructed me regarding the matter I asked Him about? “Two men came to me; one of them sat near my head and the other sat near my feet. The one by my head said to the one by my feet, or the opposite, ‘What is the disease of this man?’ The other replied, ‘He is under the effect of magic.’ The first one asked, ‘Who has worked magic on him?” The other replied, ‘Labid bin Al-A’sam, a Jew from the tribe of Bani Zuraiq.’ The (first one asked), ‘With what has it been done?’ The other replied, ‘With a comb and the hair stuck to it and a skin of the pollen of a male datepalm tree.’ The first one asked, ‘Where is it?’ The other replied, ‘In the well of Dharwan.’ Then the Prophet went along with some of his companions. Then he returned to me and said, ‘By Allah the water of that well was (red) like the infusion of Henna leaves and its date-palms were like the heads of devils” I said, O Allah’s Messenger: Did you burn it?” He said, ‘No! As for me Allah has cured me and I was afraid that (by Showing that to the people) I would spread evil among them when he ordered that the well be filled up with earth, and it was filled up with earth.”
Looking at this Hadith, it becomes clear that it contradicts the following matters: 1- It contradicts the infallibility (I’sma) of the Messenger (saw). This Hadith shows that the Messenger (saw) was bewitched, and he imagined that he did something that he did not do, or that he performs a specific action, for example, if he prayed Zuhur prayer, for example, but he did not pray it, or the like. Of course, this results in the Messenger performing certain actions that are not from revelation. And all of this contradicts the fact that the Messenger (saw), was infallible in his actions and sayings because of revelation.
2- This is in addition to the fact that the Messenger (saw), did not kill the magician, Labid bin Al-A’sam, and he was a hypocrite as it came in Al-Bukhari, meaning that the rules of Islam should be applied to him. The jurists, although they differed over the killing of a dhimmi magician, but there had no disagreement about killing a Muslim magician, on their terms. Labid was a Muslim in appearance, so the rules of Islam are applicable to him. However, he was not killed according to the narrations on that.
3- The contradiction with the meaning of the noble verses.
In Surat Al-Isra, Allah (swt) says:
(نَحْنُ أَعْلَمُ بِمَا يَسْتَمِعُونَ بِهِ إِذْ يَسْتَمِعُونَ إِلَيْكَ وَإِذْ هُمْ نَجْوَى إِذْ يَقُولُ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً)
“We are most knowing of how they listen to it when they listen to you and [of] when they are in private conversation, when the wrongdoers say, “You follow not but a man affected by magic.” [Al-Isra: 47]. And His (swt) saying in Surat Al-Furqan:
(وَقَالُوا مَالِ هَذَا الرَّسُولِ يَأْكُلُ الطَّعَامَ وَيَمْشِي فِي الْأَسْوَاقِ لَوْلَا أُنْزِلَ إِلَيْهِ مَلَكٌ فَيَكُونَ مَعَهُ نَذِيراً * أَوْ يُلْقَى إِلَيْهِ كَنْزٌ أَوْ تَكُونُ لَهُ جَنَّةٌ يَأْكُلُ مِنْهَا وَقَالَ الظَّالِمُونَ إِنْ تَتَّبِعُونَ إِلَّا رَجُلاً مَسْحُوراً * انْظُرْ كَيْفَ ضَرَبُوا لَكَ الْأَمْثَالَ فَضَلُّوا فَلَا يَسْتَطِيعُونَ سَبِيلاً)
“And they say, “What is this messenger that eats food and walks in the markets? Why was there not sent down to him an angel so he would be with him a warner? * Or [why is not] a treasure presented to him [from heaven], or does he [not] have a garden from which he eats?” And the wrongdoers say, “You follow not but a man affected by magic.” * Look how they strike for you comparisons; but they have strayed, so they cannot [find] a way” [Al-Furqan:7-9]. As we clarified above in the point “Second-2”.
Accordingly, this Hadith and every Hadith with a Sahih chain of narrators that states that the Messenger (saw), was affected by magic (sihr), is rejected in meaning (diraya) i.e. he was not bewitched… This is because if the Hadith has a valid chain of transmission, but it contradicts the definite verse, it will be rejected in meaning (diraya).
I hope that this is sufficient, and Allah is All-Knowing and Most Wise.
Your Brother,
Ata Bin Khalil Abu Al-Rashtah16 Dhul Qi’dah 1443 AH
15/6/2022 CEThe link to the answer from the Ameer’s Facebook page
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Q&A: The Sighting of the Crescent and the Astronomical Calculation
Answer to Question
The Sighting of the Crescent and the Astronomical Calculation
(Translated)Praise be to Allah and prayers and peace be upon the Messenger of Allah, his family, companions and those who are loyal to him, and so…
To the brothers and sisters who sent to our webpage asking about the sighting of the crescent and the astronomical calculation…
Assalamu Alaikum Wa Rahmatullah Wa Barakatuh,
I have read your questions about the sighting and astronomical calculations, we have repeatedly issued answers on this subject, but never mind, I will add to it in clarification and confirmation, hoping that the brothers and sisters will reflect on it carefully and with scrutiny, so I say, and Allah grants success:
1- We, brothers and sisters, do not include the astronomical calculation in the subject, for the text depends only on sighting, and we fast and break our fast based on it. If we do not see it (the new moon) on the evening of the 29th of Ramadan, we must complete the thirty days, even if the new moon is present by astronomical calculation, but it is obscured by clouds or weather conditions. Sighting is what is relied on because the text is regarding the sighting and not the cosmic phenomenon. Look at the Hadith of the Messenger (saw) which was extracted by Al-Bukhari: He said: I heard Abu Huraira (ra) say: The Prophet (saw) or Abul-Qasim (saw) said: «صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلَاثِينَ» “Start fasting on seeing the crescent [new moon] (of Ramadan), and give up fasting on seeing the crescent [new moon] (of Shawwal), and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.” And the Hadith extracted by Ahmad: He said, I heard Abu Huraira say: the Messenger of Allah (saw) said: «لَا تَصُومُوا حَتَّى تَرَوْا الْهِلَالَ وَلَا تُفْطِرُوا حَتَّى تَرَوْا الْهِلَالَ، وَقَالَ: صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غَبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ»“Do not fast unless you see the crescent [new moon] and do not break your fast unless you see the crescent [new moon]. Start fasting on seeing the crescent [new moon] (of Ramadan), and give up fasting on seeing the crescent [new moon] (of Shawwal), and if the sky is overcast (and you cannot see it), count thirty days.”
If the clouds obscured it, for example, and the Muslims did not see it even though it is present behind the clouds by astronomical calculation, then we do not break the fast accordingly, but we must fast on the thirtieth day because we did not see it.
I reiterate, review the Hadith: فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلَاثِينَ»« “…and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban”.
Although it is present according to the astronomical calculations.
2- We realize that the astronomical calculation can show the conjunction by the second, and can show when the new moon is born, and when it will disappear and how many minutes it remains after the sunset… But the Shariah text did not stipulate the cosmic phenomenon but rather the sighting. Look, for example, at prayer times, and you will find that the text mentioned the cosmic phenomenon and was not limited to the sighting.
]أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ[“Establish prayer at the decline of the sun [from its meridian]” [Al-Isra’: 78] «إِذَا زَالَتِ الشَّمْسُ فَصَلُّوا» “Pray when the sun passed the meridian.”
The prayer is dependent on the time, so you pray as soon as you verify the time by whatever means. If you looked at the sun at the time of passing the meridian (zawal) or if you observe the shadow and see that all objects have the same size of their shadow or like it, as stated in the Hadiths of prayer times, if you did that and verified the time, the prayer is valid. If you do not do that, but calculated it astronomically, and you find out that time of the sun passing the meridian is such-and-such, and you look at your watch without going out to see the sun or the shade, your prayer is valid. i.e., that you verify the time using any means. Why? Because Allah (swt), asked you to pray when the time enters, and left you to verify its entry without specifying how to verify it.
As you can see, if you looked at the sun at the time of passing the meridian (zawal), you pray, and if you calculate it on your watch, you pray, i.e. here (by sighting and calculation) you pray because the text does not rely on the sighting but on the cosmic phenomenon… And this is contrary to the Shariah text of fasting and breaking the fast that stipulates sighting.
3- As for the witness who may be mixed up on the matter, he may testify that he saw the new moon while he did not see it, but rather he saw something else. This is the task of the judge or the person with the authority to announce the beginning and end of the month. He checks the witnesses and their number, the higher the number, the closer to reassurance. He checks how good is the witness’s eyesight, the direction of the crescent arc. He verifies the length of time the new moon stays after sunset, the place in which it was seen and if the witness is a Muslim and if he is an immoral person (fasiq), etc. Muhammad ibn Abd al -Aziz told us, Ibn Abi Razmah said: Al-Fadhl Ibn Musa from Sufyan from Simak from I’krima from Ibn Abbas said: A Bedouin came to the Prophet (saw) and said: «فَقَالَ رَأَيْتُ الْهِلَالَ فَقَالَ أَتَشْهَدُ أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّداً عَبْدُهُ وَرَسُولُهُ قَالَ نَعَمْ فَنَادَى النَّبِيُّ ﷺ أَنْ صُومُوا» ‘I have sighted the crescent [new moon].’ He said: ‘Do you bear witness that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger?’ He said: ‘Yes.’ So, the Prophet gave the call saying: ‘Fast.”[Sunnan An-Nasa’i]
This is how you verify the witness, but without bringing the astronomical calculation into the subject, that is, not to mention to him that the astronomical calculation determined that new moon is located behind the clouds, or that they decided that it does not exist, because the introduction of the astronomical calculation into the issue is contrary to what was mentioned in the Hadith of the Messenger (saw): «صُومُوا لِرُؤْيَتِهِ، وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ» “Start fasting on seeing the crescent [new moon](of Ramadan), and give up fasting on seeing the crescent [new moon] (of Shawwal), and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.”
The text is clear, and it is that the month should complete thirty, even though if it is (the new moon) behind the clouds, but it is not seen.
4- As for the question: (the Prophet (saw) said: «إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا يَعْنِي مَرَّةً تِسْعَةً وَعِشْرِينَ وَمَرَّةً ثَلَاثِينَ» “We are an illiterate nation; we neither write, nor know accounts. The month is like this and this, i.e., sometimes of 29 days and sometimes of thirty days.” [Bukhari]. “Should it not be understood in contradiction to the fact that we take sighting, because we do not write and calculate, so if we learn arithmetic, then we take astronomical calculations).
This understanding is incorrect and it is rejected as it is known in the Usul, as this concept is disrupted (mu’atal), because the description of Umiyyah (illiterate) describes the majority (al-Ghalib), so the Arabs were in the most general illiterate, in addition to that this concept has been disrupted by the wording of other texts, including the Hadith: «فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ» “…and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.” [Bukhari]
No restriction was mentioned with it, i.e. if the sighting of the new moon is not possible due to clouds or rain or any reason that prevents sighting, the Shariah ruling has been determined by completing the month thirty days, even if the new moon was present, but the clouds obscured it. Accordingly, the wording (mantooq) of the Hadith is used and the concept of contradiction (mukhalafa) is disrupted. That is, the concept of contradiction (mukhalafa) here is disrupted by two things: it describes the majority, and because there is a wording of another text that contradicts this concept.
This is true in the conditions of working with the concept in more than one case. It is disrupted if it describes the majority, or if another text disrupts it with its wording, such as:
[وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ]
“And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin” [Al-Isra’: 31].
“Fear of poverty” is a defining description, i.e., fear of poverty. Likewise, it is describing the majority, for they used to kill their children for fear of poverty, then this concept has been disrupted by a text:
[وَمَنْ يَقْتُلْ مُؤْمِناً مُتَعَمِّداً فَجَزَاؤُهُ جَهَنَّمُ]
“But whoever kills a believer intentionally – his recompense is Hell, wherein he will abide eternally” [An-Nisa: 93].
Therefore, this concept is disrupted, so it is not said that what is forbidden is killing children for fear of poverty, and it is permissible to kill them if parents are rich! Rather, it is forbidden in both cases, whether out of poverty or richness, and the same is true for the verse,
[لَا تَأْكُلُوا الرِّبَا أَضْعَافاً مُضَاعَفَةً
[“O you who have believed, do not consume usury, doubled and multiplied” [Aal-i-Imran: 130].
So “multiple times” is an understandable description, and it describes the majority. They took usuary in multiple times.
This concept was disrupted by the text:
]وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا]
“But Allah has permitted trade and has forbidden interest” [Al-Baqara: 275].Therefore, this concept is disrupted, so it is not said that what is forbidden is multiple usury, and as for little usury, it is permissible. Rather, usury, regardless of its amount, is forbidden because the concept of “multiple times” is disrupted, as we said.
Thus, the concept of the word “Umiyyah” (illiterate) is disrupted, as we have explained, meaning that if sighting was not possible due to clouds or rain, the month should be completed thirty days, whether we know the calculation or not.
5- Regarding Eid ul-Fitr this year, if you noticed, we were late in announcing it this time, and the reason was to verify this matter. There were different testimonies of the sighting:
a- Afghanistan, Mali and Niger announced the sighting after sunset on Saturday 30/4/2022 and then Eid was announced on Sunday, first of Shawwal 1443 AH corresponding to 1/5/2022 CE.
b- About 21 Arab countries announced that sightings were not confirmed after the sunset of Saturday, so they considered Sunday to be the completion of the month of Ramadan, and that Eid is Monday, 2/5/2022.
c- Four countries on their calendar marked Saturday as the 28th of Ramadan, so the sighting was not investigated on Saturday evening, but on the next day, Sunday, and they did not see the new moon, so they considered Monday as the completion of Ramadan and Eid is on Tuesday 3/5/2022, and these countries are India, Bangladesh, Iran and Pakistan
6- Therefore it was necessary to follow the one who saw, because the one who sees has the stronger case against the one who does not see, and the verification of the sighting is as it is in the Shariah texts without introducing the astronomical calculation into the subject because the Hadith of the Messenger (saw) is clear in the Hadith:
فَإِنْ غَبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ»
« “…and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.”
And because Mali and Niger are west of Afghanistan, i.e. if the sighting is established in Afghanistan, it is with greater reason that it is established in Mali and Niger, and accordingly we have begun to investigate Afghanistan, and the announced sighting were in these three countries:
a- Niger announced that the sighting of the new moon of the month of Shawwal was confirmed, after sunset on Saturday in the regions of Diffa, Tahoua and Maradi, as well as in the city of Zinder.
b- The Supreme Court of Afghanistan announced, on Saturday evening, that Sunday 1/5/2022, will be the first day of blessed Eid ul-Fitr 2022 in the country. And as it was mentioned about those countries, the sighting took place in the states: Ghor, Ghazni, Kandahar, Farah, and 27 valid testimonies were confirmed by the regional committees.
c- Mali also announced that the Shawwal new moon was sighted on Saturday evening in two locations by 8 witnesses.
In other words, the sighting was from about 39 witnesses in different locations… and we made every effort to verify this, especially from Afghanistan, because Mali and Niger are to the west. If sighting is valid in Afghanistan, then with greater reason it is correct in Mali and Niger. We were not sufficed with what we got from the Media and with what we received from the Mu’tamids in the Wilayahs, we even added to that… So, we contacted the Media Office of Hizb ut Tahrir in Afghanistan, as well as some Afghan brothers in Europe to contact some relatives in Afghanistan to verify the matter until we were reassured that the sighting was confirmed, so we announced it around 12 at night, Medina time.
7- As for the question, why do Muslims differ in sighting? The answer is simple and easy, and it is as follows:
a- The disagreement is due to the non-following of the Shariah ruling, although it is clear! The Messenger of Allah (saw) explained to us the obligation to follow the sighting (method), and he (saw) emphasized that by saying: فَإِنْ غَبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ» « “…and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.”
It is clear from this that the astronomical calculation should be disregarded, because the text required the completion of the month, thirty days, if the new moon was not seen, because the clouds obscured it from sighting; even if it was located behind the clouds and the astronomical calculation proved its presence behind the clouds. Even then, it is not correct to use them (the astronomical calculations), rather we complete the month thirty (days) as stated in the Hadiths Messenger of Allah (saw): «صُومُوا لِرُؤْيَتِهِ، وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ» “Start fasting on seeing the crescent [new moon] (of Ramadan), and give up fasting on seeing the crescent [new moon] (of Shawwal), and if the sky is overcast (and you cannot see it), count thirty days of Sha’ban.” And he (saw) said:«لَا تُقَدِّمُوا الشَّهْرَ حَتَّى تَرَوْا الْهِلَالَ أَوْ تُكْمِلُوا الْعِدَّةَ ثُمَّ صُومُوا حَتَّى تَرَوْا الْهِلَالَ أَوْ تُكْمِلُوا الْعِدَّةَ» “Do not anticipate the month until you see the crescent [new moon]before it, or you complete the number of days. Then fast until you see the new moon, or you complete the number of days.” [Narrated by Abu Dawud]. He (saw) said:«إِذَا رَأَيْتُمْ الْهِلَالَ فَصُومُوا وَإِذَا رَأَيْتُمُوهُ فَأَفْطِرُوا فَإِنْ غُمَّ عَلَيْكُمْ فَصُومُوا ثَلَاثِينَ يَوْماً» “When you see the crescent [new moon] (of the month of Ramadan), start fasting, and when you see the crescent [new moon] (of the month of Shawwal), stop fasting; and if the sky is overcast (and you can’t see it) then fast 30 days.” [Narrated by Muslim].
There are many Hadiths regarding this, and they indicate that what counts in this is sighting of the new moon or completing the month thirty days. The purpose of these Hadiths is not for each one to see the new moon himself, rather what is meant is the just testimony as evidence, for it was authenticated on the authority of Ibn Umar – may Allah be pleased with them, he said: “The people tried to see the new moon and he informed Allah’s messenger that he had seen it, so he fasted and commanded the people to observe the fast.” [Narrated by Abu Dawud].
b- As for the second reason, the Muslims are united by a Khilafah (Caliphate), they have no one ruler that removes the dispute without division. By studying the Hadith of the Messenger (saw) this is clear.
Ahmad extracted in his Musnad, he said, Hushaim told us, Abu Bishr told us, from Abi Umair ibn Anas, uncles of mine from the Ansar told me and from the companions of the Messenger of Allah (saw):«غُمَّ عَلَيْنَا هِلَالُ شَوَّالٍ فَأَصْبَحْنَا صِيَاماً فَجَاءَ رَكْبٌ مِنْ آخِرِ النَّهَارِ فَشَهِدُوا عِنْدَ رَسُولِ اللَّهِ ﷺ أَنَّهُمْ رَأَوْا الْهِلَالَ بِالْأَمْسِ فَأَمَرَ رَسُولُ اللَّهِ ﷺ أَنْ يُفْطِرُوا مِنْ يَوْمِهِمْ وَأَنْ يَخْرُجُوا لِعِيدِهِمْ مِنَ الْغَدِ» “The crescent [new moon] of Shawwal was hidden from us (by clouds) so we arose the next morning fasting. Then a caravan from outside Madinah arrived towards the end of the day and the people init witnessed to the Prophet (saw) that they had seen the crescent [new moon] yesterday, so he (saw) commanded us to break our fast and to gather for Eid the following morning.” [Musnad of Ahmad]
Despite the difficulty of communication between villages and cities at that time, the problem was resolved by the Messenger (saw), when he (saw) commanded Muslims in Medina to break the fast because the new moon was seen in the Badiya desert, then he (saw) commanded Muslims to pray Eid the next day, because the Badiya delegation arrived in Medina after the time for the Eid prayer had passed that day. This is at the time when communication of news from one country to another took a long time. So how is it today, when the news is transmitted at rapid speed? If the Muslims had a caliph and one state, they would be the servants of Allah as brothers, especially since adoption in everything that unites Muslims and their unity is commanded by Islam for the state, the party and the individual according to the Shariah. So, adopting the Shariah opinion that unites Muslims is a matter of great status in Islam.
It is these two matters that remove the dispute, and it is the duty of the Muslims to make every effort to achieve them so that the Muslims return to being the best nation brought to humankind as Allah (swt) revealed in His Noble Book.
]كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ وَتُؤْمِنُونَ بِاللَّهِ]
“You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah. If only the People of the Scripture had believed, it would have been better for them. Among them are believers, but most of them are defiantly disobedient” [Aal-i Imran: 110].
In conclusion, I ask Allah (swt), to guide all Muslims to the best in their affairs, to make them honoured with the honour of Islam, and to establish their state after a long absence, and then they do not differ in obedience to their Lord, but rather be as Allah (swt) says:
[فَانْقَلَبُوا بِنِعْمَةٍ مِنَ اللَّهِ وَفَضْلٍ لَمْ يَمْسَسْهُمْ سُوءٌ وَاتَّبَعُوا رِضْوَانَ اللَّهِ وَاللَّهُ ذُو فَضْلٍ عَظِيمٍ]
“So, they returned with favor from Allah and bounty, no harm having touched them. And they pursued the pleasure of Allah, and Allah is the possessor of great bounty” [Aal-i Imran: 174].
May Allah accept your worships, Wassalam Alaikum Wa Rahmatullah Wa Barakatuh.
Your Brother,
Ata Bin Khalil Abu Al-Rashtah10 Shawwal 1443 AH
10/5//2022 CEThe link to the answer from the Ameer’s Facebook page.
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Pakistan’s Revenue and Expenditure under the Khilafah
بسم الله الرحمن الرحيم
Pakistan’s Revenue and Expenditure under the Khilafah
Pakistan’s Current System Secures the Economic Interests of the Kafir Colonialists
Sufficient revenues in the state treasury are essential for looking after the affairs of the people and managing the state expenses, such as the armed forces, health and education. However, in Pakistan’s current system, both democracy and dictatorship take turns to secure the economic interests of the kafir colonialists. To achieve this, the World Bank, IMF in cahoots with the government selectively employ humiliating policies of regressive taxation and privatization. These policies deprive the population of public ownership of huge sources of revenue and then leaves the people to take the burden of the expenses of the state, by imposing an entire host of regressive taxes that choke economic activity and add to the people’s misery, usurping what private wealth they have left. Even though there is no Zakah upon the poor and indebted in Islam, the current system applies regressive taxation on buying food, clothing, shelter, earning, inheritance, administration, health and education, renders them “luxuries” for the “privileged” few, and not guaranteed needs for all.
Moreover, on the expenses side, the expenditure is primarily to secure the needs of the kafir colonialists and a corrupt local elite through the interest based debt system they have created. In the coming financial year, the rulers will spend over three trillion rupees upon making payments of interest, even though interest is a major sin in Islam and an invitation of war from Allah (swt) and His Messenger (saw). Rather than refusing to pay the 3 trillion rupees in interest as Islam mandates, Pakistan’s rulers will be taking even more interest-based loans, to help cover the 3.5 trillion rupees’ federal fiscal deficit. Thus, the current government is plunging Pakistan deeper into interest-based debt, as every previous government has done. In 1971, Pakistan’s debt was 30 billion rupees, but by 1991, it rose to 825 billion rupees. By 2011, Pakistan’s debt soared to 10 trillion rupees and now it has quadrupled, approaching 40 trillion rupees, just ten years later.
This is the reality of Pakistan’s revenue and expenditure under the colonialist system no matter whosoever comes to rule, and regardless of whether the appearance of the rule is democratic or dictatorship. And this is because in democracy and dictatorship, men decide laws according to their whims and desires rather than implementing all that has been revealed by Allah (swt).
Depriving the Society of Revenue from Public Properties
Capitalism as implemented by both dictatorship and democracy in Pakistan deprives the state and the general public huge sources of revenue, through privatization of the public properties, such as oil, gas and electricity. Local and foreign owners of the oil, gas and electricity assets generate huge revenues and sizeable profits from these valuable resources. Unlike Capitalism and Communism, Islam has declared that energy is neither a private nor a state property but a public property for all the Muslims. The Messenger of Allah (saw) said, «الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلَاثٍ الْمَاءِ وَالْكَلَإِ وَالنَّارِ» “Muslims are partners in three things: water, pastures and fire (energy)” [Abu Dawood.]. Thus, although the Khilafah (Caliphate) State takes charge of managing the public property and state property, it is not permitted for the Khalifah to grant the ownership of the public property to any private party, whether an individual or group, as it is a property for all Muslims. After returning these assets to public ownership, the future Khilafah can trade in energy resources with foreign states that are not hostile to the Muslims and Islam. In this and similar ways the Khilafah will ensure the benefit of this wealth of the Ummah is for the Ummah itself, rather than becoming a source of misery by allowing private companies to funnel its wealth away as profits, whilst the government adds to burdens of the people with huge taxation upon energy. In addition, Capitalism’s drive for private ownership also usurps interests that should be owned primarily by the state, such as machinery and heavy munitions manufacture, telecommunications, major construction and transport. In the coming Khilafah, inshaaAllah, such enterprises are primarily to be regarded as state enterprises, with local private companies from these lands existing within the field, but under state supervision so as to prevent eclipsing and dominating the state role as occurs in these dark days of capitalism.
In the absence of Islam, the wealthiest companies in the world are energy, arms, machinery and telecommunications companies, whilst the governments are left with only one resort for revenues, suffocating the people with increased taxation. Moreover, in Pakistan’s case, colonialism through the agent rulers creates incentives to encourage foreign ownership, such as reduced excise on the import of machinery and other economic inputs and tax holidays on profits, which are sent back to strengthen the economy of the foreign country. And the direct foreign usurping of the Pakistan’s manufacturing base, as evident by the government’s own Foreign Direct Investment (FDI) figures, it surges under every successive regime.
Strangling Most of the People with Taxes, whilst Only a Few Thrive
Under IMF supervision, Pakistan’s economy has been strangled by ever increasing regressive taxation on earnings and consumption of goods. So, consider that total revenues in 1987-88 were Rs. 117,021 million and in 2002/3 they were Rs. 706,100 million. Taxation was over one trillion rupees for the financial year of 2008-2009, but then was doubled to over two trillion rupees for 2013-2014. By 2018-2019, taxation was then doubled again to four trillion rupees, whilst Pakistan’s rulers now target nearly six trillion for 2021-2022. This is whilst they are striving, from now, to meet the IMF demand for taxation of ten trillion rupees, for the financial year of 2024-2025. If such increases in taxation were to ensure the defending the honour of the Prophet (saw), or liberating Al-Aqsa Masjid and Occupied Kashmir, the Muslims of Pakistan would empty their houses and tie stones to their bellies. However, to chase our poor and indebted mercilessly, in order to spend upon a major sin, is a heinous crime that must be denounced and rejected in every corner of Pakistan.
In the current budget 2021-22, the regime has set a target of 5.83 trillion rupees of tax collection, out which 62.6% will be indirect taxes. So the bulk of revenue generation is from regressive taxation. A regressive tax is applied uniformly, taking a larger percentage of income from the poor, compared to the wealthy. Even the remaining 37.4% of taxation, as direct taxes, cannot be considered as progressive taxation as it still penalizes the poor and the indebted. Most of direct taxation comprises of income tax and Workers’ Welfare Fund. In Pakistan, a man earning more than 50,000 Rupees has to pay income tax, even though he cannot fill the basic needs of a city dwelling family of four. Tax for the Workers’ Welfare Fund is applied on the new minimum wage of 20,000 Rupees in the current budget.
Throughout the world, capitalist taxation punishes the poor, whilst providing huge loop holes for the wealthy. According to a survey by the PEW research centre, 64% of Americans say they are bothered a lot by the feeling that some corporations aren’t paying what’s fair in federal taxes, whilst 61% say the same about some wealthy people. Globally, democracy allows wealthy corporates and individuals to influence legislators to make laws that suit them. The suffering people are fed a lie that if the wealthiest are taxed less, they can spend more on production and there will be a trickle-down effect. However, the rich-poor gap is continuously increasing, even during the economic crises and lockdowns.
So after all, Capitalism has ensured that the combined revenues of sales tax and income tax alone are well over 60% of all the state revenues. Which means the major share of the revenues is from usurping the wages of the people and undermining their ability to buy essentials. This corrupt system can only produce such failure as it is designed to neglect the affairs of the people and this is why all those who seek power in this system are also calling for increased taxation. As income tax, this system taxes people upon the fruits of their labour from which they hope to save to secure their basic needs and some of their luxuries, rather than taxing from their surplus wealth beyond their needs and some of their luxuries. As sales tax, it taxes the people in their attempts to buy basic needs and some luxuries, rather than taxing only on those who have wealth in surplus of such basic needs and luxuries. Yet, the rulers insist this system is “for the people,” whereas in the Khilafah, neither income tax nor sales tax exists, because private property in origin is inviolable. Taxation occurs on surplus wealth beyond that which is needed to secure basic needs and some luxuries, and that too under stringent conditions. What allows this low taxation policy is the fact that the Khilafah has abundant sources of revenues from public and state property, as well as a unique set of laws for revenue generation from agriculture and industry.
Expenditure that is Biased Towards the Colonialists and their Agents
Having deprived the Ummah of its rightful revenues and also choked its earnings and ability to buy and produce, the government then takes interest based loans from the kafir colonialist countries. These loans are a bunya (debt trap), designed to keep Pakistan in debt so as to strip it of its assets and gravely reduce its ability to stand on its feet as a challenge to the West. This is money that is taken away from the economy, looking after the affairs and securing the basic needs of the people. And it is a global injustice, as like Pakistan, many countries have paid back their loans many times over, but remain in debt due to unjust colonialist interest based loans and conditions. It is the Khilafah (Caliphate) on the Method of Prophethood alone that will rescue us from the endless descent into interest based debt. The Khilafah will not pay any interest whatsoever accrued on the debts, because Allah (swt) said,
(يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِن كُنتُم مُّؤْمِنِينَ * فَإِن لَّمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِّنَ اللَّهِ وَرَسُولِهِ وَإِن تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ)
“O you who believe! Be afraid of Allah and give up what remains (due to you) from Riba (from now onward), if you are (really) believers. And if you do not do it, then take a notice of war from Allah and His Messenger, but if you repent, you shall have your capital sums. Deal not unjustly and you shall not be dealt with unjustly.” [TMQ Surah al-Baqarah 2: 278-9].
Revenue and Expenses Overview
Unlike Capitalism, Islam does not rely on taxation on income and consumption as a dominant means to generate revenue. Its revenue generation is based on accrued wealth beyond the basic needs, as well as upon actual production. Even when the Khilafah does tax, it is with stringent conditions that are based upon accumulated wealth, so it does not penalize poor and under privileged who are unable to secure their basic needs. This is possible because partly because of the huge revenue that the state will generate from state owned and publicly owned enterprises such as energy resources, machinery and infrastructure manufacture and partly through Islam’s unique revenue laws, which increase distribution of the wealth, rather than its concentration. Hizb ut Tahrir states in its Introduction to the Constitution, “Article 148: The budget of the State has permanent chapters determined by Shari’ah rules. As for the sections of the budget, the amounts allocated for each section, and the issues of each section covered by these amounts are left to the opinion of the Khalifah and his Ijtihad.” And in Article 149: “The permanent sources of income for the Bayt al-Mal are the booty, Jizya, land tax, a fifth of buried treasure, and Zakat. This income is collected continuously irrespective of whether there was a need or not” and in Article 151: “Money taken at the borders of the State from custom duties, income derived from public or State property, inheritance for which there is no inheritor and the assets of the apostates are all considered to be part of the revenue of the Bayt al-Mal.”
Industry as a Source of Revenue
Industry will thrive in the Khilafah. It will not be strangled by taxes for all manner of crucial inputs, from energy to machinery. Instead, the state will generate revenue from profits of the trade and accrued trading merchandise. This allows the businesses to focus on production without fetters, whilst circulation is ensured through their giving of revenues from their profits or accrued wealth. Hizb ut Tahrir says in its Introduction to the Constitution, Article 143: “Zakat is collected from Muslims, and is taken from the wealth which the Shari’ah has specified such as money, the profits of trade, cattle and grains. It is not taken from anything which the Shari’ah did not mention. It is taken from every owner irrespective of whether they were legally responsible/accountable (mukallaf) such as the mature, sane person or whether they were not legally responsible such as the child and the insane. The Zakat is placed in a specific section of the Bayt al-Mal, and is not spent except upon one or more of the eight categories mentioned in the noble Quran.”
Kharaaj as a Source of Revenue does not Strangle Farmers
Under Islamic rule, the Indian Subcontinent, a predominately agricultural society, produced almost a quarter of the world’s GDP. One of the factors was the concept of Kharaj. Under Kharaj, the neck of the land was owned by all the Muslims, but its use and benefit was with the one who cultivated it. So the one who cultivated it benefited from its production directly. This allowed the circulation of wealth and boosted production. In return for a strong source of livelihood, the Muslims generated revenue from the land for the state, in accordance to its capacity. With the introduction of Capitalism, under the British rule, the cultivators were taxed heavily, were forced then to take interest based loans, subsequently drowned in debt and ultimately had to sell their lands. This was asides from the land seizures by the colonialists for the sake of themselves and their collaborators. Agriculture continues to suffer from Capitalism until today, even though Pakistan’s existing agriculture remains world class in many fields, and has potential to develop far further. The farmers face huge taxation on agricultural inputs from fertilizer, seed, machinery, transport and fuel. Then they are forced to try and increase profits by exports to foreign markets. This in turn drowns Pakistan in suffering by forcing it to make more and more expensive imports of the same grains and crops that it can grow in abundance. In Islam, the revenue generation is not based on taxation of agricultural inputs, but on production from the land, which enables the farmer to maximize the production, without being slowed down by over-expensive inputs. As Hizb ut Tahrir states in its Introduction to the Constitution in Article 145, “Land tax is payable upon the kharajiyyah land according to its capacity. Zakat is collected from the ‘ushriyyah land according to the actual production.”
Recourse to Taxation is with Stringent Conditions, Not a Default
Islam grants sanctity to the private property of individuals and prevents it usurping, so taxation would occur in the Khilafah, but as a last resort and under stringent conditions; namely, if the revenues that Shariah has stipulated were not enough and only upon those who have secured their basic needs and luxuries to the level that is considered normal or equitable (bil maroof). So Islam ensures that there is no taxation on the fruits of labour nor the efforts to secure the basic needs and luxuries to the level that is considered equitable, as occurs in capitalism in the form of income tax and sales tax, which is punishing the less well off. This means that the taxation will ensure circulation of wealth, rather than concentration. Consider that Pakistan’s top 30 richest people are worth circa $15 billion and these are only reported figures. Just a 30% tax will net $4.5 billion. Thus, the money raised through the levy of emergency tax on the wealthy can be used for emergency needs, according to Shariah rulings, such as feeding the poor or earthquake relief efforts.
Beyond this the Khilafah can choose to take interest-free loans from the people for projects with repayment expected over short term as well, as asking for voluntary donations from an Ummah which is characterized by generosity for the sake of Allah (swt). Hizb ut Tahrir states in its Introduction to the Constitution in Article 150: “If the permanent revenues of the Bayt al-Mal are not sufficient to cover the expenditure of the State, then it is possible to impose taxes upon the Muslims. It becomes obligatory to impose taxes as follows: a. To fulfil the obligatory expenses upon the Bayt al-Mal for the poor, needy, and wayfarers, and to undertake the obligation of Jihad. b. To fulfil the obligatory expenses upon the Bayt al-Mal for remunerations of the civil servants and soldiers, as well as compensation for the rulers. c. To fulfil the obligatory expenses upon the Bayt al-Mal to undertake the services and needs such as establishing roads, extracting water, building mosques, schools and hospitals. d. To fulfil the obligatory expenses upon the Bayt al-Mal which are necessary in case of a disaster which afflicted the subjects such as famine, floods and earthquakes” and in Article 146: “Muslims pay the taxes that the Shari’ah has permitted to be levied upon them in order to cover the expenditure of the Bayt al-Mal, on the condition that it is levied on that which is surplus to the individual’s needs according to what is normal, and has to be sufficient to cover the needs of the State. And forbade the taking of custom duties, because it is a tax, and so it is a prohibition that encompasses every tax.” And in Article 147: “The State has the right to impose taxes in order to undertake anything that the Shari’ah obligated upon the Ummah if the funds in the Bayt al-Mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect fees for the courts or departments or to fulfil any service.”
Expenditure Guidelines
Thus the Khilafah raises huge revenues from state property, public property, agriculture and industry without choking them, and taxes from those who have surplus to normal living. On the expense side Islam stipulates all that is necessary to truly look after the affairs of the people. Hizb ut Tahrir declares in the Introduction to the Constitution, Article 152: “The expenditure of the Bayt al-Mal is divided across six sections: a. The eight categories which deserve the Zakat to be spent upon them, from the chapter of Zakat. b. The poor, the needy, the wayfarer, Jihad, and those in debt – if there is nothing found in the chapter of Zakat, they are given money from the permanent sources of income of the Bayt al-Mal, and if nothing is found then those in debt are not given anything. Taxes are imposed in order to fulfil the expenses required for the poor, the needy, the wayfarer, and Jihad, and the State takes a loan in case of fear of fasad (corruption). c. The individuals who provide services to the State such as the civil servants, the soldiers and the rulers are paid from the Bayt al-Mal. If there were insufficient funds in the Bayt al-Mal then taxes are imposed in order to fulfil the expenditure needs, and the State takes a loan in case of fear of fasad (corruption). d. The essential services and utilities such as roads, mosques, hospitals and schools are funded by the Bayt al-Mal, and if there are insufficient funds in the Bayt al-Mal taxes are imposed to fulfil these expenses. e. The non-essential services and utilities are funded by the Bayt al-Mal, and if funds found in the Bayt al-Mal are insufficient then they are not funded, but rather delayed. f. Emergency situations such as earthquakes and floods are funded by the Bayt al-Mal, and if the funds were not found the money required is taken as a loan immediately which is then repaid through raised taxes.”
H. 4 Ramadan 1443
M. : Tuesday, 05 April 2022Hizb-ut-Tahrir
Wilayah of Pakistan -
Rape: An Expression of Power or Deviant Sexual Behavior?
The disturbing occurrence of rape incidents is a growing social problem, which unfortunately, only gets attention in the media after some horrific incident is reported. Usually, such an incident triggers a fierce debate on social and electronic media, which then compels the government officials and rulers to issue a few statements on this issue. However, once the debate subsides a little, the government becomes completely oblivious to the problem, as if it did not even exist in the first place. The issue of rape is not specific to Pakistan, but instead afflicts the entire world. The severity of this issue can be judged by the following facts:
- According to the World Health Organization (WHO), 7% of the population in UK – the majority of whom are women – have been sexually harassed. Furthermore, these numbers are continuously rising each year.
- According to Rape, Abuse & Incest National Network (RAINN), the largest American anti-sexual assault organization, which also sometimes works for the government, every one in six females and one in thirty-three males has been a victim of sexual assault. This situation is continuing to deteriorate.
- In Pakistan, Geo News reports that around 10,000 cases of rape have been reported between 2014 and 2017. These numbers, too, are continuously increasing.
- According to The News International, rape cases in big cities have seen a rapid increase between 2014 and 2020.
A minority, but nevertheless influential group in Pakistan, believes that rape incidents are a result of a patriarchal society, in which women are not considered as equals to men. They reason that such a society produces sexually-frustrated men who consider women to be subservient to them. They hence believe that they are free to use these women in whatever and however way they desire to the extent of their own sexual satisfaction. This group of people, thus, believes that rape is neither linked to an increase in nudity in the society nor a result of the adoption of a particular set of ideas imported from the West. In fact, this group believes that men and women should be free to establish consensual relationships between themselves in whatever way they please. Therefore, they label people who criticize nudity or the clothing choices of women influenced by Western ideals as rape apologists.
A closer examination of this narrative, however, reveals that it is shallow in nature, and also does not address the entire reality of this issue. Furthermore, this narrative is also influenced by Western thinking, which views society through the false lens of liberalism.
To understand the real reasons behind rape and other crimes in the society, one must develop a correct understanding, firstly, of the human nature which is the basis of human creation by their Creator and, secondly, of the way in which societies are formed. Allah (swt) has created all human beings, men and women, with a specific nature, and has made the survival of the human race dependent on the two of them co-operating and coming together. Both men and women are human beings and, as such, have all the characteristics that make them humans. One of these is the ability of every human being to think which, in turn, influences their actions. Another characteristic is that all human beings have a certain set of organic needs, such as need to take food and water, need to breath air and the need to relieve oneself, which are vital for life. Apart from these organic needs, human beings also have some instincts which, if left unfulfilled, may result in anxiety and discontent, such as the procreation instinct. These facts about human nature are definite, and true without exception.
Allah (swt) is the One Who has placed these instincts in human beings. Furthermore, He (swt) has also provided human beings with the correct means to satisfy these instincts. So Allah (swt) didn’t only create an instinct but He (swt) also provided means for its satisfaction. Moreover, Allah (swt) also guided towards ruling for the correct satisfaction of human instincts, be it the survival instinct, procreation instinct or spiritual instinct. Any old method to satisfy an instinct in itself is not necessarily correct. For example, every person has a survival instinct, which pushes him to find comfort for themselves in life, for which a person earns money and then buys essentials and luxuries. However, this does not mean that in order to satisfy one’s instinct, any method by which a person can get money, including stealing, looting, hoarding, smuggling or selling drugs, is correct. Obviously, this is not the case. So, then why is such a view, that a person should be free to fulfill their sexual desires by any means possible, including through incest, or bestiality, propagated in the case of the procreation instinct?
So then the real question is this: What should be the criteria to decide the correct ways to satisfy an instinct? Should the criteria be that two consenting adults, either of the same or opposite gender, be allowed to satisfy their needs in whatever way they want to, outside the bond of marriage, either by paying one another, or as partners? Adherents of the liberal Western thought would answer in the affirmative. However, then, by the same token, should it be allowed for a person to enslave another against a handsome amount of money, if the other person desperately wants this money for a better livelihood of their children? Should it be allowed for two consenting adults belonging to different countries, in the name of freedom, to exchange sensitive secrets of their respective countries in exchange for intimate relations?
Hence, some sort of criteria is required to determine what is right and what is not right for an individual to do. The question then is this: who should be given the authority to decide this criterion? And if humanity really has a Creator, then should that Creator not have a say in this?
When we look at the organic needs and instincts in human-beings more closely, we realize that the former do not require any external stimulus. For example, people will get hungry at some point of time, irrespective of whether they have good food in front of them or not. Instincts, on the other hand, require an external stimulus. However, if these instincts are not satisfied, then the person remains restless and dissatisfied. For example, seeing a mother caring for her child would trigger emotions in a childless person. However, when the mother and the child are not in front of that person, their emotions will subside. However, despite of this, the childless person will remain restless and may feel that something is missing from their life. The same is also true in the case of procreation instinct, which is stimulated when a person is confronted by a sexual stimulant, even if it is a construct of that person’s imagination.
Another aspect of human nature is the ability of a person’s thoughts and viewpoints about life to influence and shape their inclinations and instincts respectively. For example, a Muslim would not have sexual inclinations towards his mother and sisters, because of the way Islam and the society around him sanctifies these relationships. However, in the West, incest is relatively common. So, to develop the right sexual attitudes of individuals, it is necessary that the correct thoughts are propagated and established in society. Instead, declaring all individuals to be free will only push them to believe that they are free in whatever way they choose to satisfy their sexual needs, even to the extent of coercion and violence.
In light of the aforementioned thoughts, let us now look at the problem of rape more closely. Rape is an outcome of three factors:
- The person’s desire to fulfill their sexual needs.
- The person has a lack of the correct understanding of the way in which relationships between men and women should be organized, or an inclination of putting their desires ahead of this.
- The person has the ability to physically overcome and control the victim once s/he are within their reach.
A person commits the heinous crime of rape when these three factors come together. Liberalism seeks to promote all these three factors, despite its claims otherwise, whereas the Islamic social system provides an effective means to put a stop to them. Thus, rape incidents are extremely rare in a society that adopts Islam in its entirety.
As far as the first factor is concerned, Islam seeks to minimize external stimuli to a person’s procreation (or sexual) instinct. Therefore, Islam neither allows pornographic material, nor does it allow billboards that objectify women for material promotion. Islam does not permit partially-nude women to be paraded on the stages of events such as the Hum Style Awards. In public places, such as offices, both men and women are expected to conform to the Islamic code of dress and to interact with one another within the limits set by Islam. This protects the society from the sexual frustration that we are witnessing today all over the world.
This, however, does not mean that Islam does not recognize or suppresses a person’s procreation instinct. On the contrary, Islam encourages men and women to get married as soon as they reach puberty, so that they may satisfy their sexual needs as soon as possible. This helps prevent people from turning to sexually immoral means such as adultery and homosexuality. Allah (swt), says in the Glorious Quran. ﴿وَمِنْ آَيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً﴾ “And of His signs is this: He created for you helpmeets from yourselves that you might find rest in them, and He ordained between you love and mercy. Lo! Herein indeed are portents for folk who reflect.” [TMQ Surah Ar-Rum 30:21]). The Prophet Muhammad (saw) said: «يَا مَعْشَرَ الشَّبَابِ مَنْ اسْتَطَاعَ منكُم الْبَاءَةَ فَلْيَتَزَوَّجْ ، فَإِنَّهُ أَغَضُّ لِلْبَصَرِ ، وَأَحْصَنُ لِلْفَرْجِ ، وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالصَّوْمِ فَإِنَّهُ لَهُ وِجَاءٌ» “O young men, whoever among you can afford it, let him get married, for it is more effective in lowering the gaze and guarding one’s chastity. Whoever cannot afford it, let him fast, for it will diminish his desire.” [Agreed upon]
With regards to the second factor, the educational system and media within an Islamic society serve to inculcate the correct concepts about human instincts and needs, in both men and women. Hence, in an Islamic society, women will be viewed as those to be respected, whose honor must be protected as a life and death issue. A woman must be respected as a mother, daughter, wife and sister, rather than being objectified by having her sexuality and attractiveness exploited for advertising. Islam also prohibits homosexuality and considers it a heinous crime punishable by death, which previously invited Allah (swt)’s Wrath upon an entire society. Allah (swt) says in the Quran;﴿يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ﴾ “O humanity! Be mindful of your Lord Who created you from a single soul, and from it He created its mate,1 and through both He spread countless men and women. And be mindful of Allah—in Whose Name you appeal to one another.” [TMQ Surah Al-Nisa 4:1]). The Prophet Muhammad (saw) said, «خَيْرُكُمْ خَيْرُكُمْ لِأَهْلِهِ، وَأَنَا خَيْرُكُمْ لِأَهْلِي» “The best of you is the one who is best to his wife, and I am the best of you to my wives.” [Tirmidhi]
As far as the third factor is concerned, Islam seeks to minimize the number of opportunities where a corrupt-minded person can overwhelm a potential victim. Thus, Islam prohibits non-Mahram men and women to be in seclusion together, such as on a deserted road while travelling, in a house in the absence of Mahram relatives, or in schools, universities or offices during work. Abdullah bin Abbas (ra) narrated that he heard the
Prophet (saw) say during a sermon, «لَا يَخْلُوَنَّ رَجُلٌ بامْرَأَةٍ إلَّا وَمعهَا ذُو مَحْرَمٍ» “No man can be in seclusion with a woman except in the presence of a Mahram.” [Sahih Mulsim]). Similarly, the Prophet (saw) also said, «لا يَحِلُّ لاِمْرَأَةٍ تُؤْمِنُ باللَّهِ وَالْيَومِ الآخِرِ، تُسَافِرُ مَسِيرَةَ يَومٍ وَلَيْلَةٍ إلَّا مع ذِي مَحْرَمٍ عَلَيْهَا» “It is not lawful for a woman believing in Allah and the Hereafter to undertake journey extending over a day and a night except when there is a Mahram with her.” [Sahih Muslim]). Furthermore, Islam also prohibits mixed gatherings of men and women without any valid Shar’i reason. Thus, non-Mahram men and women can interact with one another for educational or business purposes, but they are not allowed to spend time in each other’s company for enjoyment and recreational purposes.
People who subscribe to the Western liberal school of thought ignore the first two factors that lead to rape, and instead fixate only on the third factor. Furthermore, the solution that they propose to solve this issue contradicts with Islam’s concept of a family. They further argue that the solution to this problem is to ‘empower’ women by creating women-only organizations that strengthen women’s voices for their liberal rights and oppose the social system of rights and duties prescribed by Islam. In this way, this group of liberal thinkers strives to destroy societies, as they have already destroyed the Western society, by pitching half of the population against the other half. Despite many feminist movements, Westerns societies are still a hotbed of rape incidents. One must also note that rape incidents in Pakistan have significantly increased in the past few decades, despite a decline in the so-called male-dominance.
Rape is neither a mental affliction, which requires some sort of medical treatment, nor does it stem from a tendency to oppress and exert dominance. Instead, it is a consequence of the corrupt thoughts and social atmosphere within people regarding the society, a lack of piety and neglect by the state in its duty develop Islamic personalities. Once a person employs the wrong means to satisfy their sexual needs, they then continue to walk down that path.
It is also not correct to say that rape is only a consequence of women not following the Islamic code of dress, since women who do follow this dress code are also raped. However, one of the primary goals of Pakistan’s liberal capitalist class has been to give women and men the choice not to observe the proper Islamic dress code. Thus, these sick minded people use rape incidents involving women who follow the Islamic dress code to attack clear Islamic injunctions on this matter. The point to understand here is that Islam’s injunctions do not work in isolation. Therefore, the problem of rape will not be solved by only enforcing the Islamic dress code on women, nor will it be solved by only introducing the Islamic punishments for such crimes. In fact, introducing Islamic punishments within the current system, with its rampant objectification of women, will only give the impression that they cannot solve this problem and hence they are useless. This is because Islamic punishments alone do not free the society from all those factors leading to rape, for which Islam has given separate rules. Therefore, the demand of Islamic punishments alone is an incomplete demand. This problem will not be completely solved unless and until the Western liberal capitalist system is completely purged from our society and replaced with the Khilafah (Caliphate) on the Method of Prophethood, which implements Islam comprehensively in all spheres of life. This is the only way to develop a chaste and virtuous society, which will be a beacon of light for the rest of the world.
