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Where are the Former Ramadans?
Where are the Former Ramadans? – They Will Return with the Khalifah Rashid who will Eradicate any Doubts!
In order to become a true Muslim, the most important issue is to become a Muttaqi. The month of Ramadan is doubtless the fastest among the Paths to Taqwa. The month of Ramadan is a period in which Muslims openly and without hesitation invite each other to the Khayr, in which they enjoy to compete with each other in their ibadat and good deeds, and put their utmost effort to become one of the Muttaqeen. Most beautiful however, is that they have no problem what so ever in getting into the “great atmosphere” of Ramadan. This is because the ideas and emotions regarding Ramadan are in total harmony among every individual Muslim. This is the case for the individuals within the society.
However, we have big difficulties in getting into the “Month of Ramadan” as a society, i.e., a single Ummah. Moreover, this is made impossible to us. Whilst Muslims all over the world are supposed to start and end every Ramadan at the same time, they are forced to start and end their fasting on different days due to nationalist regimes and religious institutions who also claim to be modern, for one of the most important elements that make up society – namely the systems – are not compatible with the Aqeeda of the individuals. Furthermore, they diametrically oppose it and are even of a hostile structure. It is due to these systems that Muslims across the world are subjected to wars, invasions, slaughter, torture and all kind of oppression. Alongside this, the mental and cultural invasions led by these systems have eradicated the clarity, and purity of the Islamic ideas, and implanted ideas, views and rulings into the minds of the Muslims which have no relation to the revelation, producing faulty Islamic personalities. They planted politicians upon us implement non-Islamic solutions to social and political problems, and boast with nationalism and patriotism. During this eminent month, which is supposed to be the month of victories and eradication of all evil, we are silenced with 3 days of “national mourning” to the slaughter in Palestine, and are forced to watch on the intensifying the slaughter and wars during Ramadan in our other lands. In the morning we send our children, whom we raised with great enthusiasm to become good servants of Allah, to school, and the non-Islamic education systems return them back to us as persons who abstain from their ibadat, or even worse, as deists, feminists and democrats. We eat less in order to provide good nutrition to our children to raise them healthy, but we pick them up from the streets addicted to drugs and alcohol. And of course we continue to endure the pain and suffering of these even during Ramadan. And to top it off, we get doubts even on our ibadat and especially on Ramadan.
Throughout their 1300 hears history, Muslims led the world in science, in particular in astronomy. The astronomical calculations they developed and devices they invented are still used today. Despite that they never said, “we are modern, capable of reading and calculating, so let’s determine the moon sighting through technology”. Moreover, having reached that level of knowledge hundreds of years ago, scientists of the Islamic civilisation were also experts in the basic of Islamic sources, i.e. the Arabic language, science of Hadith and Fikh, and many other Islamic disciplines. They were unlike the today’s so-called scientists, who struggle for tens of years in order to specialize in a single branch. Despite the possession of all these technological advancement, this civilisation, that enlightened the world for thousand years, was aware of the obligation to determine the moon with the “naked eye” and not through astronomical calculations, and thus took all necessary appropriate precautions. This was possible, because it was the system implemented upon the Muslims that promoted these qualities.
During the very early ages of the Islamic Khilafah, the 9th century, the Umayyad Khalifah al-Ma’mun let built the first observatory in Baghdad. The main task of this observatory was to observe the moon, so that the Muslims could truly fulfil their worship. After that, observatories where built across every corner, and almost every city of the Islamic lands. And the Ottoman Khilafah maintained this practice. The Khalifah appointed special officials who usually were qadis, and ordered them to observe the moon. The officials would choose a few reliable persons among the people as witnesses while observing the sighting of the moon. And everyone among the Ummah who had the possibility joined this action of observing the moon. The sighting of the moon was fix after confirmation of witnesses. So the witnesses accompanied the official to the Fatwa Office. And the director of the Fatwa Office would sincerely interrogate the official and the witnesses, and after being convinced of the statements and testimony, he would prepare a writ and forward it to the Qadi. The writ would be sealed by the Qadi after being recorded in the court record book, and forwarded to the Sheikh al Islam, and finally to the Khalifah. The Khalifah would declare the beginning of the Ramadan and let it announce everywhere. So any doubt about the beginning of Ramadan would be removed. Therefore, throughout the history of Islam, it was never seen that Muslims started fasting and feasted on different days. The Unity of the Ummah was preserved in every aspect of life. Rasulallah ﷺ said:
«الْحَلاَلُ بَيِّنٌ وَالْحَرَامُ بَيِّنٌ وَبَيْنَ ذَلِكَ أُمُورٌ مُشْتَبِهَاتٌ لاَ يَدْرِي كَثِيرٌ مِنَ النَّاسِ أَمِنَ الْحَلاَلِ هِيَ أَمْ مِنَ الْحَرَامِ»
“The lawful is clear and the unlawful is clear, and between that are matters that are doubtful (not clear); many of the people do not know whether it is lawful or unlawful.” [Bukhari, Muslim, Abu Davud, Tirmizi, an-Nesai]
Today we are in urgent need of Khalifah who clarifies the doubtful matters and removes uncertainty, who ensures that the Muslims can conduct worship in unity, and who mobilizes his armies to the rescue of the Believers as it is obliged upon him. Our Ramadans, our fasting and all of our ibadaat, as well as our children and the whole Ummah will only regain their true identity under the Khilafah. And our Ramadans and our Ummah will flourish again year after year.
So, do your yearn for the old Ramadans, my sisters and brothers? Then proceed on the Path to Taqwa by starting the work for the change of the current systems. For Allah (swt) ordered:
إِنَّ اللّهَ لاَ يُغَيِّرُ مَا بِقَوْمٍ حَتَّى يُغَيِّرُواْ مَا بِأَنْفُسِهِمْ
“Indeed, Allah will not change the condition of a people until they change what is in themselves.” [Rad 11]
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Ramadan Worship – Not Spiritually Emotional but Sincere and Enduring
Once a Sahabiah Nusaybah bint Kaab (Umm Umarah) told to the Prophet ﷺ that in the Noble Quran only men were mentioned and women were often deprived of any importance. Then this Ayah was revealed:
اِنَّ الۡمُسۡلِمِيۡنَ وَالۡمُسۡلِمٰتِ وَالۡمُؤۡمِنِيۡنَ وَالۡمُؤۡمِنٰتِ وَالۡقٰنِتِيۡنَ وَالۡقٰنِتٰتِ وَالصّٰدِقِيۡنَ وَالصّٰدِقٰتِ وَالصّٰبِرِيۡنَ وَالصّٰبِرٰتِ وَالۡخٰشِعِيۡنَ وَالۡخٰشِعٰتِ وَالۡمُتَصَدِّقِيۡنَ وَالۡمُتَصَدِّقٰتِ وَالصَّآئِمِيۡنَ وَالصّٰٓـئِمٰتِ وَالۡحٰفِظِيۡنَ فُرُوۡجَهُمۡ وَالۡحٰـفِظٰتِ وَالذّٰكِرِيۡنَ اللّٰهَ كَثِيۡرًا وَّالذّٰكِرٰتِ اَعَدَّ اللّٰهُ لَهُمۡ مَّغۡفِرَةً وَّاَجۡرًا عَظِيۡمًا
“Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so – for them Allah has prepared forgiveness and a great reward.” [Al Ahzab:35]
This Aya represents the equality of the reward of the Islamic sincerity of men and women opposite Allah (swt). It is shown that it is not about the gender for Allah (swt), but about who is a Muttaqeen and directs his whole life in this world according to the rules of his Creator. Considering these facts, Muslim women should be aware that the month of Ramadan is a special month for us as well as for men, and that it is not primarily about the preparation of the most extraordinary foods, but about gaining Allah’s approval, to earn the greatest reward in this holy month where all good deeds are rewarded 70 times more, and belong inshaAllah to the righteous to whom Allah promised forgiveness and a great reward, as mentioned in the Aya above!
Looking back at the history of Islam and Sahabah and Sahabiyyat, we get an Imagine what was the month of Ramadan really about to the companions of the Prophet ﷺ, and how much Taqwa and sincerity were in their hearts. They fasted also like us, performed their prayers at nights, fed the poor and thus who fasted, and also gave Sadaqa. BUT they also led conquests in this holy month, make political deals and took care of the affairs of the entire Islamic Ummah.
Some of the special Victory of Muslims in Ramadan were: The Battle of Badr (2 AH) which was on Friday 17th of Ramadan. Allah (swt) gave the Muslims a victory in this Battle. Also the Purification of Mecca (8 AH) was on 20th of Ramadan where the Treaty of Hudaibiyya had been broken and it was possible for the Prophet ﷺ conquering Mecca without a battle. The other victory was the Liberation of Spain (92 AH) which was under the tyrannical rule of King Roderic of the Visigoths. Tariq ibn Ziyad defeated the Visigoth army and began the Golden Age of Al-Andalus where Muslims ruled for over 700 years. The Fall of the Mongols (658 AH) was also in Ramadan. The Mongols were sweeping across Asia destroying everything in their path. Allah (swt) raised from the Mamluks of Egypt, Saifuddin Qutuz, who united the Muslim army and defeated Mongols at Ain Jalut. And the Liberation of Palestine (582 AH) where Salahuddin Ayyubi fought one of the most important battles in Islamic history. In a single day, the Muslims virtually routed out all the crusaders and liberated Palestine.
Sahabah and Sahabiyat were involved in these big events. There are lore that Rufayda Bint Saad Al-Aslamiyya, who lived at the time of the Prophet Muhammad ﷺ, is often referred to as “the first nurse in Islam”, assisted the wounded during the Battle of Badr which was during the month of Ramadan. The other example is Laila al-Ghifariah. She took also part in battles, carrying water and nursing the wounded. Also a Sahabiya named Umm Dhahhak bint Masoud take part on the Islamic battles and she were even rewarded with booty in the same way as the men. Other example for us Muslim Women is Umm Salamah thus had the distinction of taking part in many battles of significance in the history of Islam. She was with the Prophet ﷺ during the Battles Bani Mustalaq, Ta’if, Khaybar, Hunayn and the conquest of Makkah which was during the Month of Ramadan. She was present at the signing of the historic treaty of Hudaybiyah or Ridwan theu oath of allegiance taken place.
These are, of course, just a few examples that show that the Sahabiaht, who are role models for us, were courageous, sincerely and Taqwa-filled women who wanted to work in all areas of their life where they could advance Islam and so they did this also during the holy month of Ramadan. The Muslims of the past did not categorize their lives in phases and moods according to their own desires. They did not become spiritual emotionally in Ramadan and spent their time with praying, fasting and reading the Qur’an to satisfy their worship instincts. Rather, they were focused on Islam as a life order throughout their lives, and the only difference was that they valued the reward of Ramadan and therefore was the month of Ramadan very holy to them. But they continued to obey all orders of Allah (swt) during this month that they also performed otherwise.
Thus, the Muslim Ummah should follow the path of the Muttaqeen of the past and internalize the real meaning of the month of Ramadan as the Sahabah and Sahabiyat of the time of the Prophet ﷺ did it.
Consequently, the work for the reestablishment of the Khilafah (Caliphate) upon the method of the Prophethood, is for us Muslims during and outside of Ramadan, according to the reality that the Ummah has not a protector, an indispensable duty for the man as well as for the woman.
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Oil prices, Erdogan’s visit to Britain, Malaysia’s Elections, Armenia
بسم الله الرحمن الرحيم
Answers to Political Questions
Oil prices, Erdogan’s visit to Britain, Malaysia’s Elections, Armenia
(Translated)First: The Question: Oil prices rose on 24/5/2018 to striking numbers, where the price of Brent crude reached $79 a barrel, and Texas crude at $71 a barrel. This is after the drop witnessed in 2014. Does this mean that the world has entered a new era of high oil prices? Are we heading towards the past similar rise of $150 a barrel? And what caused this?
Answer:
Oil, like any other commodity, is affected by supply and demand. However, unlike other commodities, the stability of oil prices is negligible. In other words, every change in supply or demand has a direct impact on the price of oil. This is due to the nature of the oil market. This is in addition to the impact of speculation, especially when political disturbances affect market instability. To illustrate this we show the following:
1- Regarding the Supply:
a- The Organization of the Petroleum Exporting Countries (OPEC) and non-OPEC countries have agreed to limit the supply of oil in the market. In an agreement between Russia and OPEC countries at the end of 2016, a decision was made to reduce crude oil production by 1.8 million barrels per day, to remove excess supply on the market and increase the price of oil. A study by OPEC’s Standard & Poor’s Global Plats revealed that OPEC’s crude oil production in April fell for the third consecutive month to its lowest level in a year, producing 32 million barrels per day last month, i.e. 140,000 barrels per day lower than in March. And today production is 32.73 million barrels per day, i.e. less than the OPEC limit by approximately 730,000 barrels per day. OPEC’s agreement will last for one year. If current conditions continue, the price of crude oil is likely to rise further. The head of long-term research at “ Energy Aspects” advisory, Matthew Barry said: “What we see happening, and will happen more in the future, is that supply problems or threats begin to impact more and more clearly on prices”. (https://www.marketwatch.com)
b- The political and economic situation in Venezuela has had a significant impact on the country’s ability to achieve its production targets, producing 1.41 million barrels per day in April 2018, less than 80,000 barrels per day as of March 2018, and less by 540,000 barrels per day for the year 2017CE. One of the main reasons for the decline is the policy of the Venezuelan state; the oil company (PDVSA) had poor management, and last month (ConocoPhillips) won the case against the oil company (PDVSA) worth $ 2 billion, because of the confiscation of two oil projects in Venezuela. And (PDVSA) has already failed to repay its $ 2.5 billion debt. All of this has affected the Venezuelan state’s oil production and therefore has contributed to a reduction in supply. Thus prices are raised due to decrease in supply.
c- President Trump’s announcement of a withdrawal from the nuclear agreement with Iran raised the prospect of new sanctions on the Iranian oil industry. A similar sanctions regime was first established in 2012 under the Obama administration. In theory, Iran’s production could fall by 20% or 500,000 to 400,000 barrels per day, which would be equivalent to about $1 billion per month at current prices (http://foreignpolicy.com). While the United States did not disclose what action it might take against Iran, there is speculation about a kind of sanctions regime targeting the Iranian oil industry.
All these three measures contributed to the decline in supply and the result is the observed rise in prices.
2- Regarding the Demand:
a- There has been an increase in demand for oil, and the International Energy Agency expects global oil demand to rise from 97.8 million Barrels per day (bpd) in 2017 to 99.3 million bpd this year. The Paris-based International Energy Agency (IEA) raised its forecast for oil demand growth in 2018 earlier from 1.3 to 1.4 million bpd. This is after the International Monetary Fund raised its estimate for global economic growth this year and next year. The International Energy Agency said in its monthly market report that demand for oil grew by 1.6 million barrels per day in 2017 (https://www.reuters.com)
b- Another area of growth in oil demand is China. In April 2018, it was expected that China would consume more than 9 million barrels per day of crude oil, more than any time before, and this is almost 10% of global consumption and more than one-third of the total demand in Asia. And if crude oil reached $ 75 a barrel, it means that the monthly import costs of China of more than $ 20 billion. This record demand comes despite the maintenance season, which usually a fall in imports happens at this time of year, and it shows that China’s oil requirements are greater than expected. Goldman Sachs Bank said in a note to customers: “Chinese demand indicates robust growth, and may be higher than current estimates” (https://www.reuters.com)
Based on the above, there is growth in demand, which has resulted in the observed rise in prices.
3- Speculation: Speculation is activated in the event of rapid changes in supply and demand for oil, in addition to market sentiment that is difficult to determine. Thus, speculation becomes clearer when there is a significant increase or decrease in the price of oil. Large hedge funds play a role in the oil market either by buying or displaying large oil contracts. Therefore, speculation is a double-edged sword that may affect the increase in demand and thus increase the prices and may affect the decline in demand and lower prices. In any case, the impact of speculations has not been significant in the current price increase, but the most predominant role was the issue of supply and demand as described above.
4 – The rise in oil prices as the previous high numbers, such as reaching up to 150 or so, is unlikely to happen because the global economic conditions can not bear this, so it is expected that the price of oil will continue to rise slowly until it stops without reaching a hundred, especially that the impending trade war between the United States and China will lead to demand reduction and then oil prices will fall easily. In addition, the American pressure on OPEC through Saudi Arabia in particular to boost production would have a similar effect if prices rose to an undesirable level to America.
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Second: The Question: Erdogan arrived in London on Sunday 13/5/ 2018 for a three-day visit. Erdogan met during the visit with Queen Elizabeth and Prime Minister Theresa May. Erdogan’s visit comes a few weeks before the early presidential and legislative elections in Turkey on June 24. It is known that Erdogan’s relationship with Britain is tense since the failed coup failed, so how did this visit surface and what is its purpose? Has it succeeded in its purpose?
Answer: To demonstrate the purpose of the visit, we review the following:
1- It is known that Erdogan seeks to consolidate his authority through the presidential system where the authorities lie in the hands of the President, while the country is under the state of emergency. The state of emergency in Turkey saw the arrest of 160,000 people and almost the same number of government employees has been arbitrarily dismissed in many cases. Since the failed coup against the Turkish government in 2016, thousands of dissidents, including officials, lawyers, police officers and academics have been removed; many of them are loyal to Britain.
However, before departing Istanbul to London, on Sunday, (Erdogan described the United Kingdom as a “strategic partner and ally,” and he said he would discuss bilateral, regional and international issues with May on Tuesday, and he said it would include the latest developments in Cyprus as Turkey and Britain as its guarantors, as well as discussing the “joint action plan” in the Middle East. Erdogan also stressed that his visit would also focus on increasing trade between Turkey and Britain. “We want to continue our economic relations without interruption after Britain leaves the European Union,” he said. 13/05/2018 http://www.elfagr.com)
2- It is understood from his statements that he discussed with May the regional and international issues, the latest developments in Cyprus and the plan of action in the Middle East, and increased trade between Turkey and Britain. As for the plan of action in the Middle East, it is not Erdoğan that May will discuss with these international issues. The focus of talks between the two sides on economic issues and increasing trade exchange between the two countries, as Erdogan said in a press conference at Istanbul’s Ataturk airport before leaving, is not true because economic and trade matters to increase the trade between two countries need an atmosphere of political stability between the two countries. And this does not exist, especially after the failed coup. What confirms this is that he did not announce the signing of any significant economic project during the visit. The issue of Cyprus remains, it is still possible to discuss it because the two sides are in guarantors of peace and security on the island, but this happens when there is tension on the island, which does not exist now. This means that all that Erdogan has declared as the purposes of his visit have no evidence, but rather a distraction from the real cause.
3- The real reason can be known by studying the reality of events since the failed coup and link those events with the fact that the visit came before the elections, and then show the real purpose of Erdogan’s visit to Britain:
– As for the reality of the events, it is known that the failed coup was effectively conducted by the British agents in Turkey. Erdogan has taken very harsh measures against the agents of Britain, especially in the army as stated in the question and more. This resulted in this great anger in Britain against Erdogan.
– As for the fact that the visit came before the elections and the link between them, Britain has led the Turkish opposition parties loyal to Britain, led by the Republican People’s Party, to form an unusual coalition against Erdogan to obtain a majority in parliament, and it followed the usual tactics in such cases, i.e. to undergo parliament elections with as a coalition to attempt to transfer the presidential election to the second round at least, to show that Erdoğan lost to the majority of public opinion as he claims, and shake his image even if he succeeds later. This, of course, is Erdogan’s fear.
Thus, the trip was more like appeasing Britain before the June 24th Turkish elections. This is why Erdogan tried to convince the British in exchange for some concessions, such as taking British agents out of jail, and praise Britain as a strategic ally, as in his statement, and to entice Britain by halting the wide “cleansing” campaign carried out by Erdogan against British agents in exchange for easing the confrontation of the British agents in the election campaigns. This is more likely the real reason behind Erdogan’s visit to Britain.
4- Did he succeed in achieving his purpose? It seems that he failed, and the indicators are:
“The trial of those who tried to topple a democratically elected government is right,” said May, standing beside Erdogan at her Downing Street office after the meeting. “But it is also important that Turkey does not ignore the values it seeks to defend while protecting democracy” … (16/05/2018 alarab.co.uk) That is, May criticized Erdogan in front of journalists while he is her guest!!
– Freedom of expression groups protested were moved against Erdogan: “The protest in front of Downing Street government headquarters involved members of freedom-of-expression groups such as the “PEN”, the “Index to censorship”, and “Reporters Without Borders”. (Nafahat Al-Qalam page 15/05/2018), and pro-Kurdish activists carried banners bearing pictures of Erdogan and the word “terrorist” (Al-Ain Al-Akhbariyah, 15/05/2018)
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Third: Question: The Malaysian elections took place on 9/5/2018. The result was the fall of Prime Minister Najib and the return of Mahathir to the presidency of the ministry, noting that he exceeded 90 years of age, as if there was a specific planning behind these elections. Were there external motives or that the subject as it is said a local democratic game?
Answer:
1- Malaysia comprises the southern part of the Malay Peninsula and the northern parts of Borneo Island. They are separated by a wide stretch of the South China Sea.
Islam began to spread in the region through Muslim merchants in the thirteenth century CE, where rulers and elites embraced Islam first, before spreading among the general public. The Malacca Sultanate, which is located in the Malay Peninsula, gained prominence due to the increase in maritime trade when the land trade was interrupted by the Mongol invasions. The Sultanate gained independence from the Chinese influence in the fifteenth century CE, and soon embraced Islam and it was spread rapidly throughout the region due to the strength and status of this Sultanate. However, this region was colonized by the Portuguese through the Sultanate itself in 1511 after they bribed a person from inside to open the fort gate of the capital from the inside.
Then the Dutch came in 1641 and the British colonization of the peninsula started in 1786 through trade and port chartering, and through Britain’s strategy of exploiting the different races of the “population” so that they become the actual rulers, keeping the remaining sultans to be largely symbolic rulers. The Malayan Union of the Peninsula achieved official independence from the British in 1957. The State of Malaysia was established in 1963 after the unification of the Malaya Federation with Borneo Island and Singapore (despite the dissolution of Singapore by voting in the Malaysian Parliament in 1965)
2- It is clear that even after independence, Britain continued to have political control over Malaysia, for example:
a- Malaysia remained a member of the British Commonwealth and a member of the Non-Aligned Movement (which it joined in 2003). It is also a founding member of the Association of Southeast Asian Nations and the Organization of the Islamic Conference, and Prime Minister Tonko Abdul Rahman was its first Secretary-General.
b- In 1971, the five-force defense arrangements were signed between the United Kingdom, Australia, New Zealand, Malaysia and Singapore after the withdrawal of the British East Suez. It should be noted that in 1971, Australia was ruled by the Liberal Party, which remained pro-British during the twentieth century.
c- Prime Minister Mahathir Mohamad opposed the establishment of the pro-American organization “APEC”, which was launched by Australia under the leadership of the pro-American Labour Party chairman Bob Hawke in 1989. Hawke’s successor is the leader of the Labour Party, and Prime Minister Paul Keating described Mahathir as “rebellious” for not attending the APEC Summit in 1993 in Seattle, USA.
d- As an alternative to APEC, Mahathir Mohamad proposed in 1997 the formation of the East Asian Economic Community, which excludes America and Australia, but this idea failed and was later transformed into the East Asia Summit meetings, which included Australia but under the chairmanship of the pro-British liberal Prime Minister John Howard, however, America was excluded. (America and Russia were not able to join the group until 2011).
3- Britain has noted that America is flirting with former Prime Minister Najib Razak and feared of his shifting towards America, although he was a minister in the former pro-British Malaysian governments and came from the same party, the Malaysian National Movement (MNM) that ruled Malaysia since Independence. Some indications of this concern include:
a- Barack Obama visited Malaysia in April 2014, the first US president to visit Malaysia in nearly 50 years, where he decided to “upgrade the Malaysian-US relationship to a comprehensive partnership,” which was part of Obama’s Asia Axis policy.
b- Nagib and Obama were friends playing golf together in Hawaii in December 2014. Obama visited Malaysia again in November 2015.
c- Nagib strongly supported the Trans-Pacific Partnership, an American initiative, and insisted on US participation, and then worked with Japan to continue the Trade Point Program after the withdrawal of the United States during the Trump era. (Vietnam and Malaysia played key roles in saving the 11 countries in the Trans-Pacific Partnership Trade Agreement, which came close to collapse after the US withdrawal).[https://asia.nikkei.com/Economy/Vietnam-and-Malaysia-play-vital-roles-in-making-TPP- 11 ]
4- As the 2018 election approached, it seems that Britain has once again turned to its old and devout servant (Mahathir Mohamad), who used the opposition platform to return to power, and so it was. Malaysia is now expected to move away from US policies and resume work to reduce US intervention in the region according to British policies.
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Fourth: Question: On 8/5/2018, the Parliament of Armenia approved the election of the opposition leader Nikol Pashinyan as prime minister, closing the page of more than three weeks protests against the pro-Russian government in Armenia. The question is how large is this political transformation in Armenia? Does this mean that Russia’s influence will be removed from Armenia? Does the West “Europe and America” have a role in this?
Answer: To clarify these things we review the following:
1- Armenia is a small country of “4 million people”. Its independence was part of the wave of the breakup of the Soviet Union in 1991. The Republican Party, whose leader was ousted by the protests, has ruled Armenia since 1999, and its leader, Serzh Sargsyan, has completed two terms since 2008. His rule is widely described as dictatorial and pro-Russian despite the presence of opposition parties with representation in parliament. And because the country’s constitution does not allow more than two terms for the presidency and in order to continue to govern, he sponsored constitutional changes that made the post of president honorary and transferred the actual authorities to the prime minister. As soon as his second term ended, President Sargsyan moved to become prime minister; (The Armenian parliament elected former Armenian president Serzh Sargsyan as prime minister, in a move that would strengthen his grip on power, despite the demonstration of thousands in Yerevan protesting his stay as the head of government.
The parliament approved 63 year old Sargsyan to take the post. He won the new post with 77 votes for and 17 votes against, after his second and final presidential term ended last week…Al-Nahar, April 17, 2018). Popular protests against this appointment broke out, especially since the Sargsyan era was characterized by the economic hardship experienced by the Armenians and lack of opportunities available, primarily as a result of government corruption, which is added to the country’s lack of natural resources such as oil, gas and raw materials. The “Yelk” opposition party focused on all these issues and sparked the protests in Armenia, which soon highlighted a new “popular” leadership represented by the opponent Nicole Pachinyan.
2- The protests in Armenia were mainly driven by the deteriorating economic situation under President Sargsyan. Like the other countries of the Soviet system, the administrative and financial corruption dominates the government in Armenia. Bribery is rampant in the government and it suffocated the people. People are unhappy with the ruling because of hardship in their livelihoods. They were counting the days for the end of Sargsyan’s second term. But he planned to return with the prime minister post! So people rebelled against his rule, and matters ended with his resignation and the appointment of Pashinyan as prime minister. As the economic issue is pressing and is accompanied by the local democratic issues, the new Prime Minister Pashinyan, in his formation of the government, stressed the need for parliamentary elections and that his government should embark on “wide-ranging reforms in various fields.” Pashinyan earlier pledged “Democratization of Armenia”, the strengthening of the rule of law, the separation of special economic interests from the Government and the drastic improvement of the investment climate. (Armenian 14/4/2018).
Thus, it is clear that the political change in Armenia was locally driven primarily.
3- Reactions:
A- During the protests, America announced that it was closely monitoring the situation in Armenia and it looks like it was considering possible opportunities to extend its influence there. After Pashinyan was installed as prime minister, (US State Department spokeswoman Heather Nauert said in a statement late on Tuesday: “The United States congratulates Nikol Pashinyan as the new Prime Minister of the Republic of Armenia” and she said: “The U.S. Department of State looks forward to working closely with the new government and with the people of Armenia on the many areas of shared interest between the two countries, including increasing trade, working in support of democracy and rule of law, and safeguarding regional and global security.” (Armenian News website 9/5/2018)
B- Europe’s reaction: European Union foreign affairs and security policy representative, Federica Mugherini, made a phone call to Armenian Prime Minister Nikol Pashinyan.
In a press release issued by the European Union (EU), Mugherini called on Pashinyan to visit Brussels at the earliest opportunity. The statement stated: European Commission Vice President Federica Mugherini spoke yesterday afternoon by telephone with Nikol Pashinyan to congratulate him on his election as the new Prime Minister of Armenia “They agreed on the importance of the partnership between the European Union and Armenia and looked forward to meeting in person,” The EU foreign policy chief, Federica Mogherini, also invited Pashinyan to visit Brussels “at the earliest opportunity”.(ARMENPRESS 9/5/2018).
C- Russia’s reaction: after the election of Pashinyan by Parliament as prime minster on 8/5/2018: Russian President Vladimir Putin sent a cable of congratulations to Pashinyan in which he expressed his hope that the latter’s work would help consolidate the relations of partnership between Russia and Armenia and bilateral cooperation between the two countries within the framework of the Commonwealth of Independent States, the Eurasian Economic Community and the Collective Security Treaty Organization. Pashinyan had earlier expressed his conviction that the strategic partnership and military cooperation between his country and Russia are the basis for the security of the Armenian state. Pashinyan said in a special session in parliament that the strategic partnership with Russia will remain a priority to Aemenia. He said that his country would not exit from the Collective Security Treaty Organization, nor from the Eurasian Economic Union, which includes Russia, Kazakhstan, Belarus, Armenia and Kyrgyzstan. (Russia Today 8/5/2018).
In order to reduce Russian fears in Armenia, Pashinyan said: “The political process that began in Armenia does not, in essence, have any geopolitical context.” He said: “Our movement is not guided by the interests of the United States or the European Union but rather the interests of Armenia and its people, he continued: “Our protest is not directed against Russia, as well as it carries no features of the Ukrainian event.” (DARAJ site 1/5/2018)
4- Thus, it is clear that Russia’s chance to maintain its influence in Armenia is still present, so Russian President invited Pashinyan for a meeting in Sochi-Russia, and in their first meeting between them: Prime Minister Nicole Pashinyan told Russian President Vladimir Putin on Monday that he would like to develop relations more closely with Russia in the military field, and no one questions the importance of strategic relations between the two countries. (Reuters 14/5/2018)
“I think that no one in Armenia has questioned and will never question the strategic importance of Armenian-Russian relations … We intend to give new impetus to these relations, politically, economically and commercially,” said Pashinyan. The Armenian leader in particular noted that the people of his country appreciated the highly balanced position taken by Russia during the recent political crisis in Armenia. (Russia Today 14/5/2018)
And what reinforces Russia’s chances of maintaining its influence in Armenia is what we might call the “Armenian complex”, which is stopping the opposition from turning its back on Russia; Armenia is living in the vicinity of Muslims, and it has a constant sense of fear of its Islamic surrounding. It is next to Azerbaijan, where there is a conflict on the territory of Nagorno Karabakh, and Turkey that the Armenian accuses of committing large massacres there at the beginning of the twentieth century, as well as its proximity to Iran. Although Armenia is not in direct geographical contact with Russia, it is separated by Georgia from southern Russia, which is rife with Islamic separatism movements as in Chechnya. But Russia, as the closest international force, provided the Armenians with a sense of security in the face of the Islamic surrounding.
Since its independence, Russia has been providing military support to Armenia especially against Azerbaijan in the Nagorno-Karabakh issue. It has been providing loans and grants for energy and fuel supplies. Armenia has a weak economy, dependent on aid and remittances from Armenians abroad. Armenia strongly trusts Russia to protect it from Islamic dangers, and thus it can be considered that Russian military bases in Armenia and strategic partnership with it are the cornerstone of Armenia’s foreign policy. Even the statements that emerged during the protests of some protesters about the withdrawal of the Russian military base in Armenia, that were reported in Russia Today on 26/04/2018, these statements are just to deflate the feelings of some of the unwary protesters of the reality of the opposition leader Pashinyan, as evidenced by his friendly practical statements in favour of the survival of the Russian military influence.
5- In conclusion, the nature of the protests are local so that the opposition takes the ruling, and although the former ruling was tied to Russia, because Sargsyan was a “neck bone” for Russia and that Pashinyan was in the opposition and Sargsyan was closer to Russia, the power of protests made Russia accept the one furthest from it than the nearest! It rode the wave and accepted the opposition, with reassurance of the difficulty of breaking the Russian –Armenian influence by the West, for the reasons we mentioned above. However, it is not expected that the West, especially America, will leave the Armenian arena exclusive to Russia, as is customary in the international colonial conflict with its many malignant methods.
10 Ramadan 1439 AH
26/5/2018 CE -
Baatil and Faasid Marriage Contracts
Question:
Bismillah Ar-Rahman Ar-Raheem
Assalam Alaikum Wa Rahmatullah Wa Barakatuh
Our Ameer, May Allah protect you.
My question is what is the difference between the conditions of the validity of marriage and the conditions of the contracting of marriage? What effects do they have on the contract; when do they make the contract Batil and when do they make fasid? Jazak Allah Khair and May Allah grant you victory over your enemy, may Allah protect always.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuhu
1– We have explained this and in its details in the Social System in Islam book:
The marriage is contracted by legitimate proposal and acceptance. The proposal is what originates initially from the statement of one of the two contracting parties. The acceptance is what originates secondly from the statement of the other contracting party,
The sound contracting of marriage stipulates four conditions:
The first condition is the occurrence of the offer and acceptance in the same sitting, where the sitting in which the offer was given is the same sitting in which the acceptance took place. This is if the two contracting parties are present together. If the two parties are in two different countries and one of them writes a letter to the other with an offer of marriage and the recipient of the letter accepts, then the marriage has been contracted. However, in such a situation, it is stipulated that she reads or lets someone read the letter out to two witnesses who are made to hear its wording. Or she should say to them so-and-so person has sent me a letter in which he has proposed to me and calls upon them in the same sitting to bear witness that she has given herself in marriage to him.
The second condition for the contracting of marriage is that each of the two contracting parties should hear the statement of the other and understand it to mean that he wants to contract the marriage with this statement. If he did not know, either because he did not hear or did not understand, the marriage will not be valid. For example, if a man dictated to a woman the meaning of ‘I have married you to myself‟ in French whilst she did not understand the language, and she repeated the expression without knowing that the purpose of what she said was the contract of marriage, and the man subsequently accepted it, then the marriage will not be valid. If, however, she knew that the purpose of what she had said was a contract of marriage, then the marriage would be valid.
The third condition is that the acceptance should not object to the offer, whether the objection is to the whole offer or part of it.
The fourth condition is that the Shariah has allowed the marriage of one contracting party to the other, such as when the woman is a Muslim or from the People of the Book and the man is a Muslim and nothing else. If the contract meets these four conditions, the marriage will be valid. If any of the conditions is not met, the marriage will not come into effect. It will be void from its very basis. When the marriage is contracted, it must, in order for the marriage to be correct, satisfy the conditions of correctness which are the following:
The first condition is that the woman should be suitable for the contract of marriage. “Like not marrying two sisters at the same time”.
The second condition is that the marriage will not be correct without a guardian (wali) since the woman does not possess the right to give herself or give others in marriage. Similarly, she does not have the right to delegate anyone other than her guardian to give her in marriage. If she does this, the marriage will not be correct.
The third condition is the presence of two sane, mature Muslim witnesses who hear the statements of the two contracting parties and understand that the purpose of the offer and acceptance statements is to contract in marriage. When the contract satisfies these conditions it will be correct. If any of these conditions are lacking, the marriage will be improper (fasid).) After that, we have made the evidence for these conditions clear in the book (The Social System). Based on this, it becomes clear that if one of the conditions of contracting marriage isn’t met, the contract will be batil, and if one of the conditions of validity isn’t met, the contract will be fasid.
2- We need to understand the difference between Fasid (improper) and Batil (void). Batil (void) is what contradicts the Shariah rule in origin, i.e. it is prohibited, or that the contract lacks a required condition that its absence violates origin of the action (i.e., marriage in this case). Fasid (improper) is in agreement with the Shariah rule in origin; however, its attributes that do not violate the origin is what contradicts the Shariah.
Fasid (contracts) are not found in the acts of worship; but Batil is found because the person who follows the conditions and elements finds them all related to the origin (of the rule). Rather, Fasid contracts can be present in the transactions. In the contracts, for example selling what is impregnated, which is in the stomachs of animals, is Batil from the basis because it is prohibited in origin, unlike someone who sells the one who is unaware of the price, like someone from the country side, it is a fasid sale; for ignorance of the price, and when he is in the market he will be given a choice; he can proceed with the sale or cancel it. In the example of shares in companies, they are Batil in origin because they don’t have the Badan (physical effort) partner; they are free from a condition related to the original (rule), but if the partners participate in accordance with the conditions of the Shariah, but one of the partners insists that he gets an amount as a condition, the contract of the company is Fasid because it involves Garar (unknown element) in the attribute (detail) and not in the original (rule) because the partner has a proportion of the profit and not a certain amount; the company may lose. If they agreed on the percentage of profit, the contract will not be fasid any longer, and it will be a correct contract.
Thus, there is no difference between Batil and Fasid in the acts of worship. Act of worship could be either valid (removing a sin) or invalid (not involving removing the duty). Prayer is either valid or invalid. However, in financial contracts that result in corresponding obligations or transfers of ownership, such as contracts of sale, leasing, transfer, companies and the like.
As for marriage, Batil and Fasid contracts are both contrary to Shariah, but the Batil contract is annulled from the basis and is separate from its effects. If intercourse occurs, it takes the rule of the zina (adultery), and the child is not associated with the man who did zina; there will be no laws of Idda, nor the entitlement to dowry, nor women prohibited by marriage: It is Batil in origin. As for the Fasid contract, its violation of Shariah is in the conditions of validity and not in the conditions of the contract. Therefore, despite the sin that was inflicted on the two contracting parties, it has consequences if there was intercourse but if there wasn’t intercourse, there wouldn’t be any consequences. The consequences of fasid contracts that has intercourse include:
The Dowry: Dowry is required in the Fasid Marriage on the condition that the marriage is consummated (i.e., by intercourse); the evidence for this is the saying of Prophet Muhammad ﷺ: «أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا…» “Any woman who gets married without the permission of her guardian (wali), her marriage will be void, her marriage will be void, her marriage will be void; if he (husband) consummates with her, she is entitled to the dowry due to his making permissible her private parts.” [Tirmithi] and it is said it is Hassan Hadith.
In this Hadith the Prophet ﷺ entitled the dowry to the woman who is married through a Fasid Nikah (i.e. without the permission of her wali (guardian)) on the condition that the marriage is consummated because the Prophet linked the dowry to the consummation (i.e., intercourse): «فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا» “If he (husband) consummates with her, she is entitled to the dowry due to his making permissible her private parts.”
There are other effects of the fasid marriage if there is consummation. But these entail details and differences in the school of thoughts, such as Iddah, lineage, inheritance and the prohibition of marriage (to certain women). Whoever wishes to learn more, they can go back and refer to the relevant references.
Allah is Most Knowledgeable and Most Wise
Your brother,
Ata Bin Khalil Abu Al-Rashtah
29 Jumada I 1439 AH
15/2/2018 CE
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Understanding Maqaasid al-Ahkaam ash-Shar’iah
Allah (swt) sent Muhammad (saw) with the Islamic Sharee’ah as a mercy for mankind. He (swt) said:
وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ
“And We have not sent you, [O Muhammad], except as a mercy to the worlds” {Al-Anbiyaa’ : 107}
And Allah Ta’Aalaa said:
وَنُنَزِّلُ مِنَ الْقُرْآنِ مَا هُوَ شِفَاءٌ وَرَحْمَةٌ لِّلْمُؤْمِنِينَ ۙ وَلَا يَزِيدُ الظَّالِمِينَ إِلَّا خَسَارًا
“And we have revealed from the Qur’an that which is a cure and mercy for the believers” {Al-Israa’ : 82}
Allah (swt) sent His Messenger with Islaam, as a mercy to mankind, to bring them out from worshipping other than Allah to worshipping Allah and He (swt) organised their relationships with the best of systems.
The aim and purpose of the Sharee’ah as a whole is therefore a Rahmah (mercy) for mankind. As the Sharee’ah represents a Rahmah. This means that the Sharee’ah as a whole came to bring and secure Masaalih (benefits/interests) and to repel Mafaasid (unbeneficial and corrupting/bad elements) in relation to the people generally when it is applied upon them. The Adillah (evidences) are explicit in respect to the Rahmah (mercy) representing the overall aim or objective of the Sharee’ah as a whole. That is whilst there isn’t any indication within these general evidences to indicate that the Rahmah represents the aim or objective of every single individual ruling in itself or of every text from amongst the Sharee’ah texts.
Consequently, the overall Maqsad (aim) of the Sharee’ah is the realisation or accomplishment of the interests of the ‘Ibaad (servants/people) however these Masaalih (interests/benefits) are not what the human views to be representative of a Maslahah or benefit in accordance to his whims or desires but rather the Maslahah is that which is a Maslahah according to the scale of the Shar’a and not the scale of whims and desires. The ‘Ulamaa have classified these Masaalih into three categories:
1 – Ad-Darooriyaat (essentialities/necessities):
By these it is meant the Masaalih upon which the life of the people, the establishment of the society and its stability rests. If these Masaalih are not fulfilled or realised the system of life will become flawed and chaos and corruption will prevail. They will face hardship and suffering in this Dunyaa and punishment in the Aakhirah (hereafter). These Darooriyaat (essential matters) number five: Hifzh ud-Deen, Hifzh un-Nafs, Hifzh ul-‘Aql, Hifzh un-Nasl and Hifzh ul- Maal (preservation of the Deen, life, mind, progeny/lineage and property). Islaam has legislated Ahkaam for the preservation of each of these Darooriyaat (essential matters).
– Hifzh ud Deen:
The Islamic legislation does not force or compel anyone to enter into Islaam. Allah (swt) said:
ۖلَا إِكْرَاهَ فِي الدِّينِ
“There is no compulsion in (respect to) the Deen” {Al-Baqarah 256}
And this was applicable after the Arab Mushrikeen entered into Islaam. However, in respect to the Muslim that apostatises from Islaam, he is discussed with and his repentance is sought for three days. Then, after that, if he persists upon his apostasy, he is killed. The Messenger of Allah (saw) said:
Whoever changes his Deen, then kill him (Al-Bukhaari)
That is because the Islamic Aqeedah is in harmony with the Fitrah (intrinsic nature) of the human being and built (or based) upon the mind (rationality). As such, the Murtadd (apostate) from this
Aqeedah becomes like a manifestation of sickness that must be uprooted so that it does not infect the rest of the Islamic society. This relates to the preservation of the Deen.
Islaam has considered Al-Fitnah (strife) in the Deen to be worse and more severe than killing. Allah Ta’Aalaa said:
وَالْفِتْنَةُ أَشَدُّ مِنَ الْقَتْلِ
“Al-Fitnah is worse than killing” {Al-Baqarah: 191}
As such Islaam has legislated the following for the preservation of the Deen: The Da’wah (invitation) to it, repelling the assault or aggression against it and the obligation of Al-Jihaad against those who wish to negate it. Allah (swt) says:
ۖ وَقَاتِلُوهُمْ حَتَّىٰ لَا تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ لِلَّهِ
“And fight them until there is no more Fitnah and the Deen is to Allah” {Al- Baqarah 193}
– Hifzh un-Nafs (preservation of the life):
For the preservation of the Nafs (life) Islaam legislated all that which is required for its continuance or survival like food, drink and punishing the one who aggresses against it. Allah (swt) says:
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ
“And you have in Al-Qisaas (law of retaliation) life” {Al-Baqarah: 179}
It has also prohibited exposing the life to destruction by making suicide Haraam.
– Hifzh ul-‘Aql (preservation of the mind):
For the preservation of the mind Islaam has prohibited the drinking of Khamr or consumption of drugs (intoxicants). At the same time, it has encouraged and urged the pursuit of knowledge, contemplation and Ijtihaad, which are all matters that develop the intellectual capability within the person. Islaam commends those who are knowledgeable and attain knowledge:
هَلْ يَسْتَوِي الَّذِينَ يَعْلَمُونَ وَالَّذِينَ لَا يَعْلَمُونَ
“Say: Are those who know and those who don’t know equal (or the same)” {Az- Zumar: 9}
– Hifzh un-Nasl (preservation of the progeny/lineage):
For its preservation Islaam has legislated the prohibition of Zinaa and a punishment for its perpetrator. It has also prohibited Al-Qadhf (accusations against chastity) and legislated the punishment for the one who makes such accusations or claims (Al-Qaadhif). It prohibited abortion for other than a Shar’iy ‘Udhr (excuse) and encouraged marriage and the reproduction of many offspring.
– Hifzh ul-Maal (preservation of the property):
Islaam has legislated the prohibition of stealing and the Hadd (set punishment) for the thief in regards to the preservation of the property. It has also prohibited the damaging of property, provided restrictive legislation to safeguard the wealth of the Safeeh (foolish) and Majnoon (not of sound mind), made (private) ownership permissible and encouraged wealth growth.
2 – Al-Haajiyaat (the needs):
These are the matters that the people need to lift the hardship or difficulty (Haraj) from them and to lighten the burdens of the Takleef upon them. Allah (swt) said:
يُرِيدُ اللَّـهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ
“Allah intends for you ease and does not intend for you hardship” {Al-Baqarah: 185}
So in relation to the ‘Ibaadaat the Takleef is in accordance to their capability whilst Rukhas (special permissions) have been legislated for them as a lightening for them in the case where there is a hardship upon them in respect to the ‘Azeemah (the obligation before the Rukhsah). Consequently, it made the Iftaar (breaking of fast) in Ramadhaan Mubaah for the traveller and the prayer sitting for the one incapable of standing amongst other such rulings.
And in respect to the foodstuffs, the Tayyibaat (good things) were made Halaal for them and the Khabaa’ith (dirty/bad things) were made Haraam, whilst the one who is compelled to (Mudtarr) has been permitted to eat that which has been made Haraam upon him. Allah (swt) said:
فَمَنِ اضْطُرَّ فِي مَخْمَصَةٍ غَيْرَ مُتَجَانِفٍ لِّإِثْمٍ ۙ فَإِنَّ اللَّـهَ غَفُورٌ رَّحِيمٌ
“But whoever is forced by severe hunger with no inclination to sin – then indeed, Allah is Forgiving and Merciful” {Al-Maa’idah: 3}
Within the area of the ‘Uqoobaat’ (punishments/penal-code) the following principle has been legislated:
‘Repelling the Hudood by doubts’
And the Diyah (blood money) has been legislated upon the ‘Aaqilah’ (relatives of the killer) in relation to the unintentional killing as a lightening (of the burden) upon the killer.
3 – At-Tahseenaat (improvements/betterments):
These are the matters that improve the condition of the people conforming with the requirements of a sense of honour, dignity and noble virtuous morals.
Consequently, in respect to the ‘Ibaadaat the purification of the body, clothing and place was legislated in addition to legislating caution in respect to the Najaasaat (impurities) and for the Muslims to pay attention to their adornment at every Masjid (i.e. where nice clothing.)
In regards to the Mu’aamalaat Al-Ghish (swindling/cheating), fraud, deceit, Israaf and stinginess has been made Haraam. In addition, dealing with every kind of Najas (impurity) and Daarr (harmful matter) is prohibited. The Shar’a forbade a person conducting a trade over the trade of his brother and fixing prices amongst other matters.
Similar to that applies in respect to the ‘Uqoobaat (punishments/penal code) whilst the killing of monks, children and women have been made Haraam in Al-Jihaad, just as mutilation, treachery, killing of messengers (envoys) and burning the dead or living has been forbidden.
In relation to the Akhlaaq (morals) Islaam has demanded the person to be characterised with truthfulness (honesty), trustworthiness, patience, perseverance and righteousness whilst it has forbidden lying, cheating, deceiving, cowardice and lewd speech. The Messenger of Allah (saw) said:
Verily, from those of you are most beloved to me and sat the closest to me (in seating) on the Day of Judgement are the best of you in Akhlaaq (morals/manners) (Al-Bukhaari and At-Tirmidhi).
And the Messenger of Allah (saw) was asked about that which most enters (its possessor) into Al-Jannah (paradise) and he (saw) said:
The Taqwaa of Allah and the good manners/morals
(At-Tirmidhi which he classified as Saheeh).
The Akhlaaq Al-Hasanah (good morals/virtues) as such are responsible for generating affection, respect and trust or confidence amongst the individuals of the society.
The difference or disagreement amongst the ‘Ulamaa in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by Al-Maslahah (the interest/benefit)
The ‘Ulamaa differed in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by the Maslahah into a number of groupings:
1 – The first group:
This group denied the Ahkaam Ash-Shar’iyah being reasoned by Al- Maslahah i.e. that the Maslahah is the motive or reason for the Hukm Ash-Shar’iy. In accordance to their opinion they say that it is possible for the Shaari’ (Legislator) to legislate a Hukm Shar’iy that does not have a Maslahah (interest or benefit) within it. Those holding this view are the Asha’irah (the followers of Abu-l-Hasan Al-Ash’ariy) and the Zhaahiriyah (the followers of Daawood Azh-Zhaahiriy).
Despite that, they did however establish that an examination (of the texts and rulings) affirms that the Ahkaam Ash-Shar’i are all restricted to falling under a Maslahah from amongst the five matters: the preservation of the Deen, life, mind, progeny and property.
2 – The second group:
This group includes some of the Shaafi’iyeen and some of the Hanafiyah and they affirmed that the Maslahah is valid to be an ‘Illah (reason) for the Ahkaam Ash-Shar’iyah on the basis that it represents the ‘Amaarah’ (sign) of the Hukm but not the motive for the Hukm i.e. that it is closer to the Sabab than the ‘Illah.
3 – The third group:
This group includes the Mu’tazilah, the Maatureediyah and some of the Hanaabilah and Maalikiyah. They viewed that that Ahkaam Ash- Shar’i are reasoned by Masaalih without restriction (to the will of Allah Ta’Aalaa) on the condition that the reasoning does not demolish the text (i.e. go against it).
My opinion in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by Al-Maslahah
1 – The deduction of some of the ‘Ulamaa in respect to the bringing of interests (Jalb Al-Masaalih) and the repelling of harms or corrupted matters (Dar’u l-Mafaasid) being representative of an ‘Illah (Shar’i reasoning) for the Ahkaam Ash-Shar’iyah is an invalid deduction.
The proof and evidence for that is that the Aayaat that they used for evidence in their deduction do not indicate ‘Illiyah (reasoning) whether in the form that they have come (Seeghah) or in respect to the reality.
They used as evidence the Qawl of Allah Ta’Aalaa:
وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ
“And We have not sent you, [O Muhammad], except as a mercy to the worlds” {Al-Anbiyaa’: 107}
The Aayah indicates that the sending of the Messenger (saw) represents a Rahmah (mercy) for mankind which means that the objective and purpose of the Islamic Sharee’ah in its overall description is to bring the Masaalih and repel the Mafaasid whilst the Aayah does not mean that the bringing of the Masaalih and repelling of the Mafaasid is representative of the ‘Illah of the Islamic Sharee’ah in its overall description or that it is the ‘Illah for every single Hukm Shar’iy in itself.
That is because the Aayah guides to the result that comes as a consequence of the Sharee’ah which is the bringing of benefit and the repelling of the Mafaasid whilst it does not indicate that they represent the ‘Illah of the Shar’iyah. There is a difference between the result and the ‘Illah as the result relates to the consequence of the Hukm after its implementation whilst the ‘Illah is the reason or motive (Baa’ith) for the ruling itself i.e. the reason for which the Hukm was legislated. There is therefore a clear difference between the two.
They also used as evidence the Hadeeth of the Messenger (saw):
There is not Harming and reciprocation of harm in Islaam
The most that this Hadeeth can indicate is the negation of the Mafaasid (corrupt and harmful matters) from the Islamic Sharee’ah as a whole whilst it does not mean or indicate Al-‘Illiyah (reasoning), whether it is in respect to the Sharee’ah (as a whole) or to any specific Hukm Shar’iy.
Additionally, this Hadeeth was related to repel the harm from the people whilst the wording ‘In Islaam’ was not mentioned in it. Ibn ‘Abbaas (ra) said: The Messenger of Allah (saw) said:
There is no harming and no reciprocating of harm, and it is for a man to place a wooden peg in the wall of his neighbour and if you dispute on the path then make it seven arm spans (in width) (Ahmad)
The Hadeeth was therefore not within the subject area of the Maqaasid of the Sharee’ah but was rather related to preventing or repelling the harm (Darar). Consequently, there is no Dalaalah (implied indication) within it in relation to the subject of bringing the Masaalih and repelling the Mafaasid or to indicate that it represents an ‘Illah for the Ahkaam Ash-Shar’iyah.
Even if the texts of the Qur’aan and the Sunnah have guided to the result that occurs from the implementation of application of the Islamic Sharee’ah manifested in the bringing of the Masaalih and repelling of the Mafaasid, they do not however indicate that they represent an ‘Illah (reasoning) for the legislation of the Sharee’ah or an ‘Illah for every Hukm Shar’iy in itself. As a result, the deduction based upon these evidences is not valid and falls down in respect to this subject area.
2 – The Ghaayah (aim) or Nateejah (result) of the Islamic Sharee’ah to bring the Masaalih and to repel the Mafaasid is only realised from the Sharee’ah in its description as a whole. As for every Hukm in itself then this could be realised just as it may not be realised. So for example, in the lands of Islaam today and under the shade (or rule) of the man-made systems that have been established within them, it is seen that Ribaa, which is Haraam, has become a part of the economic life of the people and so any trader or factory owner who does not deal with Ribaa is afflicted by an economic harm. That is whilst it could be perceived that he would carry a burden of significant losses as the result of his adherence to his Deen, in which case he would be like the one who is holding onto burning embers of coals. So in this case where does the worldly benefit of Maslahah lie?! And where is the Maslahah in relation to the implementation of the Hukm that has been guided to in the Hadeeth of the Messenger of Allah (saw):
The master of martyrs is Hamzah bin Abdul Muttalib and a man who stood before the unjust Imaam, then commanded him and forbade him, and so he (the ruler) killed him (At-Tirmidhi and Al-Haakim who said the Isnaad is Saheeh).
Therefore, the acquisition of the Masaalih or the repelling of the Mafaasid do not represent the Ghaayah (aim) or result of the application of every Hukm Shar’iy in itself but rather they represent the aim or result of the Islamic Sharee’ah as a whole.
3 – As for what occurs in terms of interests or benefits (Masaalih) as a result of the application of specific Ahkaam from the Islamic Sharee’ah, then this is not considered to be representative of a Daleel to support that the Ahkaam are Mu’allalah (reasoned) by the Maslahah. Consequently, the occurrence of a benefit or interest from marriage or trade or hiring, for example, could occur just as it may not occur. Someone could get married whilst he does not benefit or he could hire and lose out just as he could trade making a loss. Adherence and commitment to these Ahkaam emanates from the Shar’iyah Adillah (evidences) that have guided to them whilst they have not emanated from the premise that they bring a Maslahah or repel of a Mafsadah.
As such, implicating or involving the acquisition of Masaalih or the repelling of Mafaasid in respect to the Ahkaam Ash-Shar’iyah as an ‘Illah for them or as a result has no place or justification for it, as it does not just represent an implication but rather represents a gross error that distances the people and particularly the Muslims from a precise or accurate adherence to the Ahkaam Ash-Shar’iyah. It attracts leniency in respect to this adherence just as it brings about errors in respect to the legislation and deduction of the rulings as a result of connecting or tying the Hukm itself within the (scope of the) Maslahah that has been perceived to be present in relation to the Hukm.
4 – As for the Shar’iyah ‘Ilal (reasons) then from an examination of the Shar’iyah texts it is found that there are Ahkaam (rulings) that are Mu’allalah (i.e. containing an ‘Illah) just as there are rulings which do not contain an ‘Illah (legal reasoning) for them.
The Ahkaam of the ‘Ibaadaat do not have a Shar’iyah ‘Illah for them. Consequently, the Wudoo’ and performing Ghusl from the Janaabah (state of impurity) was not legislated for the purpose of cleanliness because the address of the legislator does not indicate that ‘Illah. Similarly, the Salaah was not legislated to exercise the body and fasting was not legislated to improve the health of the fasting person, indeed someone could become ill from fasting… and so on.
Other Ahkaam did come with an ‘Illah attached to them within the Mu’aamalaat (transactions) and ‘Uqoobaat (punishments). So the Shaari’ (Legislator) prohibited trade at the time of Salaat ul-Jumu’ah with the ‘Illah (reasoning) of distraction (Al-Ilhaa’) from the Salaah and the Shaari’ has permitted visiting graves after having forbidden that with the ‘Illah that the action reminds the person about the hereafter. The Shaari’ also forbade the Qaadi (judge) from judging whilst he is angry because his anger muddles his mind and influences his judgment. These ‘Ilal (reasons) could be stated in the text by the Shaari’ either Saraahatan (explicitly) or Istinbaatan (by way of deduction). That is because they are ‘Ilal Shar’iyah and not ‘Aqliyah and each ‘Illah from amongst the ‘Ilal is specific to a specific Hukm and does not extend beyond that to another Hukm.
Therefore, the statement or opinion that Jalb Al-Masaalih (gaining the benefits) and Dar’u l-Mafaasid (repelling negative consequences) represents an ‘Illah for every Hukm Shar’iy is an opinion that has no basis for it, as the Hukm containing an ‘Illah must have a Shar’iy text indicating that ‘Illah.
The confusion and error related to the extraction and deduction of the Ahkaam Ash-Shar’iyah led to a weakness in respect to the understanding of Islaam which led to the weakness of the Muslims and then to the weakness of their State and to its downfall in the time of the ‘Uthmanis. Precision and investigation is therefore necessary when taking or extracting the Hukm Ash-Shar’iy from its Daleel (evidence) and through utilising the correct method of Ijtihaad that the Sahaabah (rah) of the Messenger of Allah (saw) proceeded upon and the method proceeded upon
Source: Al-Waadih Fee Usool ul- Fiqh (Clear Principles of Islamic Jurisprudence)
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Public Property according to the Hanafi School
The concept of public property, and its opposing category of private property, is well known today, due primarily to the centrality of the latter to liberal and capitalist thought and the former to socialist thought. However, the notion that certain things are owned by individuals, giving them exclusive disposal rights thereof, whilst others are for the common disposal of people collectively long precedes modernity. Modern thinkers were not the first to come up with these ideas. They but adopted them within or for certain broader ideological paradigms. John Locke, for instance, makes private property central to his (liberal) political theory, where for Karl Marx the abolition of private ownership of the means of production is central to ending capitalist exploitation.
Islam has its own notions of private and public property far removed from the associated ideological frameworks of modernity. Private property is neither the grounds for all individual rights on the basis of which humans move from a “state to nature” to civil society nor something inherently evil that needs to be done away with. Rather, on the Islamic view, all things are created by Allah (swt) and are His property first and foremost, from where they become the property of human beings by the delegation and permission of Allah (swt), affording them the right to dispose of them within parameters set by Allah (swt).
Within this framework, Islam affirms a place for both private ownership [mulk khass], defined broadly as the permission of the lawgiver (Allah) for an individual to have exclusive rights of disposal of a thing, and public ownership [mulk ‘aam], defined broadly as the permission of the lawgiver for a thing to be commonly benefited from by people at large with no one having exclusive rights. Both are discussed by classical Ulama (scholars). In this article, we look in particular at how the Hanafi fuqaha discussed public property.
The esteemed and erudite Hanafi faqih of the sixth century Burhan al-Din Abu al-Hasan Ali ibn Abi Bakr al-Marghinani (d. 593) says in al-Hidaya,
“لا يجوز للإمام أن يقطع ما لا غنى بالمسلمين عنه كالملح والآبار التي يستقي الناس منها”
“It is not allowed for the ruler to grant (to a person/s) that which the Muslims collectively are in need of such as salt mines and large wells from which the people irrigate their lands.” [1]
In commenting on this the great Hanafi faqih and muhaddith of the ninth century Badr al-Din al-‘Ayni (d. 855) elaborates on a numbers of points in al-Binaya Sharh al-Hidaya. [2] First, he notes that “that which the Muslims collectively are in need of” is everything that they cannot do with as a community. Second, he explains that the ruler granting something [iqtaa’], like a piece of land, is when he allots it to someone making it their private ownership. Third, he mentions that the jurists are agreed on this point, there being no difference of opinion on it. Fourth, he adduces as proof the hadith related by Tirmidhi and Abu Dawud:
عن أبيض بن حمال: «أنه وفد إلى النبي r فاستقطعه الملح الذي بمأرب، فقطعه فلما أن ولى قال رجل من المجلس: أتدري ما قطعت له؟ إنما قطعت له الماء العد. قال: فانتزع منه»
From Abyad bin Hammal (ra) that he went to the Prophet (saw) and asked him to allocate the salt reserve in Ma’rib to him so he (saw) did so. When he left a man from the gathering said, “Do you know what you just allocated to him? You allocated to him an unending (replenishable) [‘idd] reserve.” So he (saw) took it back from him.” [3]
The unending reserve [al-ma’ al-‘idd], Ayni says, quoting the linguist Asma’i, is the continuous one [al-ma’ al-da’im] that keeps producing its content like the water of a spring or well. Finally, ‘Ayni notes that based on this, “our scholars said that what the shepherds and pastoralists, then the rulers, take for giving access to water, pastureland, mountains, mines and mineral deposits, and salt reserves is from suht”. Suht is haram wealth gained through illegal means. Taking money for giving access to what people should have open access to is of this type because those taking it are acting as if it is private ownership or as if they have great disposal rights than others, whereas they do not. Commenting on this hadith in his commentry on Tirmidhi, Allama Anwar Shah Kashmir (d. 1353) also notes that the granting of mines to individuals by the ruler is not allowed according to Hanafi fuqaha. [4]
What this hadith establishes is that replenishable reserves and mines are not allowed to be privately owned by individuals. They are for the common benefit of all people, i.e., public property. Everyone has the right to benefit from them. The narration of the same hadith in Ibn Majah makes this clearer:
It was narrated from Abyad bin Hammal that he asked (the Prophet (saw)) for a salt reserve called the Ma’rib Dam to be given to him, and it was given to him. Then Aqra bin Habis al-Tamimi (ra) came to the Messenger of Allah (saw) and said: “O Messenger of Allah (saw), I used to come to the salt reserve during Jahilliya and it was in a land in which there was no water, and whoever came to it took from it. It was (plentiful) like flowing water.” So the Messenger of Allah (saw) asked Abyad bin Hammal to give back what he was allotted of the salt reserve. He said: “I give it to you on the basis that you make it charity given by me.” The Messenger of Allah said: » هُوَ مِنْكَ صَدَقَةٌ وَهُوَ مِثْلُ الْمَاءِ الْعِدِّ مَنْ وَرَدَهُ أَخَذَهُ « “It is a charity from you, and it is like flowing water, whoever comes to it may take from it.” [5]
In other words, natural occurring resources in large quantities are a common property of people who may all come to it and benefit from it. No one can own them and exclude others from using it.
Imam al-Tumurtashi (d. 1004) relates verbatim the same lines mentioned above from al-Marghinani in Tanwir al-Absar. Commenting on this, the erudite Hanafi faqih of the 11th century, Ala’-Din al-Hasaki (d. 1088) says in al–Durr al-Mukhtar:
“Know that the ruler is not allowed to allocate to individuals that which the Muslims collectively are in need of, such as things like surface mines and mineral deposits [ma’adin dhahira]: that whose content which Allah has placed inside the Earth is apparent such as mines of salt, antimony, bitumen and oil. Likewise, wells other than those which are dug or made by effort and thereby owned. If he does so, the grant will be invalid and both the grantee and others will be equal with respect of benefiting from them. If the grantee prevents others from it, he is transgressing by such prevention.” [6]
The other primary, and even more explicit, text on public property is the statement of the Prophet (saw),
«الناس شركاء في ثلاث في الماء والكلأ والنار»
“The people are partners in three things: water, pastures and fire.” [7]
Many of the Hanafi fuqaha discussed this hadith and used it as proof for designating certain things as being for the common benefit of people. Shams al-A’imma al-Sarkhasi (d. 483), one of the early Hanafi authorities, says in his al-Mabsut:
ولو استأجر بئرا شهرين ليسقي منها أرضه وغنمه لم يجز، وكذلك النهر والعين؛ لأن المقصود هو الماء وهو عين لا يجوز أن يتملك بعقد الإجارة، ولأن الماء أصل الإباحة ما لم يحرزه الإنسان بإنائه وهو مشترك بين الناس كافة قال r: «الناس شركاء في الثلاث في الماء والكلأ والنار» فالمستأجر فيه والآخر سواء؛ فلهذا لا يستوجب عليه أجر بسببه.
“If one leased a well for two months to irrigate his land and feed his sheep, this would not be allowed. Likewise, rivers and springs. This is because in all these cases the object being contracted over is water, which is a commodity that is not allowed to be owned through a lease. Further, the original hukm for water is permissibility (for all people to use) so long as someone does not take some in his container (then what he takes becomes his property). It is common property of all people, as the Prophet (saw) said, “The people are partners in three things: water, pastures and fire.” [8]
Elsewhere in the book, he elaborates on the hadith as follows:
وعن رسول الله r: قال «المسلمون شركاء في ثلاث في الماء والكلإ والنار» وفي الروايات: الناس شركاء في ثلاث، وهذا أعم من الأول ففيه إثبات الشركة للناس كافة: المسلمين والكفار في هذه الأشياء الثلاثة، وهو كذلك، وتفسير هذه الشركة في المياه التي تجري في الأودية، والأنهار العظام كجيحون وسيحون، وفرات، ودجلة، ونيل فإن الانتفاع بها بمنزلة الانتفاع بالشمس، والهواء ويستوي في ذلك المسلمون، وغيرهم، وليس لأحد أن يمنع أحدا من ذلك، وهو بمنزلة الانتفاع بالطرق العامة من حيث التطرق فيها. ومرادهم من لفظة الشركة بين الناس بيان أصل الإباحة، والمساواة بين الناس في الانتفاع لا أنه مملوك لهم فالماء في هذه الأودية ليس بملك لأحد.
The Prophet – Allah bless him and grant him peace – said, “Muslims are partners in three things: water, pastures and fire.” In other narrations he said, “The people are partners in three things…” which is more general than the first narration since the latter affirms the partnership for all people, Muslims and kuffar alike, in these three things. This is the correct position. The meaning of partnership in the waters that flow in valleys and great rivers like the Jeyhun (Amu Darya), Seyhun (Syr Darya), Euphrates, Tigris and Nile is that benefiting from them is like benefiting from the Sun and air, for the Muslims and others alike. No one can exclude others from it. It is like benefiting from public roads in terms of travelling on them. The intent of the word “partnership” [sharika] of people is to clarify that the original rule is permissibility and all people have the equal right in benefiting from it, not that they all jointly own it. The water in these rivers and the like is not ownership of anyone.” [9]
Imam ‘Ala al-Dinal-Kasani (d. 587) of the sixth century also discusses this matter in his famous Bada’i al-Sana’i, saying:
لأن الماء في الأصل خلق مباحا لقول النبي r «النَّاسُ شُرَكَاءُ فِي ثَلَاثٍ الْمَاءِ وَالْكَلَأِ وَالنَّارِ» «الناس شركاء في ثلاث الماء والكلأ والنار» والشركة العامة تقتضي الإباحة إلا أنه إذا جعل في إناء وأحرزه به فقد استولى عليه وهو غير مملوك لأحد فيصير مملوكا للمستولي كما في سائر المباحات الغير المملوكة، وإذا لم يوجد ذلك بقي على أصل الإباحة الثابتة بالشرع فلا يجوز بيعه؛ لأن محل البيع هو المال المملوك وليس له أن يمنع الناس من الشفة – وهو الشرب بأنفسهم – وسقي دوابهم منه؛ لأنه مباح لهم.
“Water in origin has been created permissible for all due to the statement of the Prophet (s), “The people are partners in three things: water, pastures and fire.” General partnership necessitates permissibility. However, when anyone takes some of it in a container for himself then he has established his ownership over it since previously it was unowned, as is the case with all other unowned permissible things. If this does not happen, the origin ruling of permissibility, established by the Sharia, remain and hence selling it is not allowed. This is because only the owned thing can be sold. Further, no one can prevent others from drinking therefrom or feeding their animals, since it is permissible for all.” [10]
Imam Fakhr al-Din al-Zayla’i (d. 743) says in Tabyin al-Haqa’iq:
لا يجوز بيع المراعي ولا إجارتها والمراد به الكلأ دون رقبة الأرض؛ لأن بيع الأرض وإجارتها جائز إذا كان مالكا لها، وإنما لا يجوز بيع الكلأ وإجارته؛ لأنه ليس بمملوك له إذ لا يملكه بنباته في أرضه ما لم يحرزه لقوله r «المسلمون شركاء في ثلاثة: في الماء والكلأ والنار» رواه أحمد وأبو داود ورواه ابن ماجه من حديث ابن عباس وزاد فيه «وثمنه حرام» وهو محمول على ما إذا لم يحرزه، وقال r «لا يمنع الماء والنار والكلأ» رواه ابن ماجه ومعناه أن لهم الانتفاع بشرب الماء وسقي الدواب والاستقاء من الآبار والحياض والأنهار المملوكة.
Grass and pasture [mara’ii] that grows of its own accord is not allowed to be sold or leased. This refers to kala’, as opposed to the neck of the land. This is because sale and lease of the land by its owner is allowed since he owns it. This does apply to the pasture since he does not own it, so long as he does not take it for his own use. This is due to the statement of the Prophet (s), “Muslims are partners in three things: water, pastures and fire”, related by Ahmad, Abu Dawud. Ibn Majah also relates it from Ibn Abbas (ra) with the addition, “and its price is haram” which is understood as applying it so long as he does not take it for his own use. He (s) also said, “Water, fire and pastures are not prevented”, related by Ibn Majah, which means that people have a right to benefit from these things by drinking the water and feeding their animals, and irrigating their land from wells, ponds and (small) owned rivers. [11]
وشرط لجواز الانتفاع به أن لا يضر بالعامة فإن كان يضر بالعامة بأن يميله بالكري أو نصب الرحى فليس له ذلك؛ لأن الانتفاع بالمباح لا يجوز إلا إذا كان لا يضر بأحد كالانتفاع بالشمس والقمر والهواء
“The permissibility of benefiting from it is conditional on not harming the public (their benefit of it). Thus, if he benefits from it in way that harms others, such as changing the direction of a river by digging or erecting a raha, this is not allow. This is because benefiting from the permissible things is not allowed except in a way that does not harm others, as is the case with benefiting from the sun, moon and air.” [12]
The great Shami scholar of the 13th century, Muhammad Amin Ibn Abidin (d. 1252) of Damascus, who is perhaps the most renowned of the latter Hanafi fuqaha, particularly in the Subcontinent also discusses the matter at length in his Radd al-Muhtar (also known as Hashiyat Ibn Abidin). He claries a number of points [13]:
1. The partnership (of the three categories mentioned in the hadith) is a partnership of permissibility [ibaha] not ownership [milk]. Everyone has the right to benefit from it. Whoever takes part of for his use that part is his ownership to the exclusion of others, which he can dispose of by any mean of disposal that is allowed for an owner.
2. Pasture [kala’] is that which grows and spreads and has no trunk such as lemongrass, while trees as that which have a trunk. Three types:
a. Pasture growing in an area not owned by anyone – all people are partners in the right to graze their animals on this or to cut and gather it for their use.
b. Pasture growing in owned land without the effort of the owner – it is likewise open to use by all. However, the owner has the right to prevent entry on to his land.
c. Pasture growing in owned land with the effort of the owner – this is his private property.
3. Wood in areas not owned by anyone has the same rule and can be cut and gathered for use by anyone.
4. Fire in the hadith refers to fire lit by people, so if someone lights a fire in an open land, others have a right to benefit from it by using its light, drying their cloths from it or seeking heat from it. (According to other fuqaha, fire refers to the firewood used to produce fire).
Finally, the Majallat al-Ahkam al-Adliyya also lists those properties that the Shari’ah considers public properties. In its tenth book on partnership or shared ownership [sharikaat], the fourth chapter is on partnership of permissibility [shirkat al-ibaha] which lists and discusses the rules relating to public properties, starting with mention of water, pastures and fire in article 1234. [14]
Thus, in summary, three categories of things are public property according to the Hanafi school of fiqh: one, all that which the people collectively are in need of like wells; two, natural mineral deposits occurring in large quantities; and three, water, pasture and fire as mentioned in the hadith and described above. These being public property means that all people have equal rights to benefit from them. All people are equal partners in them in the meaning that they are equally permissible for them all. No one can be excluded from utilising them and no one can profit from them as it were his private wealth. In turn, these cannot be privatised or granted to individuals or companies such that they make a profit from them.
Written for the Central Media Office of Hizb ut Tahrir
Notes:
[1] Marghinani, al-Hidaya Sharh Biyadat al-Mubtadi, Dar al-Ihya: Beirut, 4:384.
[2] Ayni, Badr al-Din, al-Binaya Sharh al-Hidaya, Dar al-Kutub al-Ilmiyya: Beirut, 12:292-3.
[3] Abu Dawud, 3046; Tirmidhi, 1380.
[4] Kashmiri, Anwar Shah, al-‘Urf al-Shadhi Sharh Sunan al-Tirmidhi, Dar al-Turath: Beirut, 3:101.
[5] Ibn Majah, 2569.
[6] Haskafi, ‘Ala al-Din, al-Durr al-Mukthar wa Hashiyat Ibn Abidin, Dar al-Fikr: Beirut, 6:434.
[7] Abu Dawud, 3477; Ibn Majah, 2472; Ahmad, 23082.
[8] Sarkhasi, al-Mabsut, Dar al-Ma’rifa: Beirut, 16:33.
[9] Ibid., 23:163.
[10] Kasani, Bada’i al-Sana’i fi Tartib al-Shara’i, Dar al-Kutub al-Ilmiyya, 6:188-9.
[11] Zayla’i, Tabyin al-Haqa’iq Sharh Kanz al-Daqa’iq, Matba’a Kubra Amiriyya: Cairo, 4:48)
[12] Ibid., 6:39.
[13] Ibn Abideen, al-Durr al-Mukthar wa Hashiyat Ibn Abidin, Dar al-Fikr: Beirut, 6:440.
[14] Majallat al-Ahkam al-Adliyya, Karkhana Tijarat Kutub: Karachi, 1:238. -
How the Khilafah will Lift the Tax Burden from the People
In order to run the affairs of the state and the people every state needs funds. Under capitalism these funds are mainly raised through interests and direct and indirect taxes. Also in Islam, the State has to finance its affairs and responsibilities from the State Treasury, the Bayt al-Mal (Bait ul-Mal) In order for the State to perform the duty placed on it by the Shariah, the Shan gave the State the authority to collect certain revenues. Sheikh Ata’ bin Khalil Abu Al-Rashtah states in his book, Economic Crises, the following: “The constant revenues of the Bayt al-Mal are “all of war booties, head tax (jizya), land tax (ushr, kharaj), a fifth of the buried treasure (rikaz). State properties, as well as customs tax taken from the covenanters and belligerents, funds resulting from the public property, inheritance funds of those that have no heir, illicit funds taken from governors and State officials, illegally earned funds, funds of fines, funds of apostates, and taxes…”
The funds of the Bayt al-Mal are basically more than enough to provide for all of these duties. The Islamic evidences indicate clearly that imposing takes according to the Western meaning of the word “tax” is forbidden (haram). For Rasulallah (saw) said إن صاحب المكس في الشارة “One in charge of imposing extra tax is in Hellfire.” And he (saw) said: << إن دماءكم وأموالكم وأعراضكم عليكم حرام لحرمة يومكم هذا في بلدكم هذا في شهركم هذا >> “Verily your blood, your property and your honour are as sacred and inviolable as the sanctity of this day of yours, in this town of yours, and in this month of yours.” These and more evidences state clearly that the Shariah prohibited the authority to impose taxes upon the Muslims. This prohibition encompasses every tax, be they direct or indirect taxes, fees for the courts, or the departments, or import stamps, or custom duties, or permit fees, or anything similar. The evidences on this issue are covered in detail in the Draft Constitution or The Necessary Evidences for it.
It is forbidden for the Islamic State to take anything from the Ummah which is not obligatory upon the Muslims, even from their surplus wealth! Even if there is nothing left in the Treasury the State is only allowed to borrow from the surplus wealth of the rich among the Ummah, and then only for a duty obligated by the Shan’ah upon the Ummah and the Bayt Al-Mal And only at that point, where there is nothing left in the State Treasury, the State is allowed to take the amount that is required for the Bayt Al-Mal and nothing more. So before asking the wealthy among the Ummah for their support, the state has to utilize every single dirham in the Bayt Al-Mal…
Ali (ra) suggested to Umar Bin Al-Khattab (ra) that there should be nothing remaining in the Bayt Al-Mal saying to him “Divide whatever wealth you receive every year, and do not hold onto anything from it” (reported by Ibn Sa’d from Al-Waqidi) And it is reported “that All used to spend everything in Bayt Al-Mal to the point that he would sweep it and then sits it in” (reported by Ibn Abd alBarr in Al-Istidhkar from Anas b. Sirin) (Muqaddimat).
Hizb ut Tahrir states in its Draft Constitution for the Khilafah State:
Article 147: “The State has the right to impose taxes in order to undertake anything that the Shariah 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.”
Sheikh Ata Bin Khalil Abu Al-Rashtah explains in his book as well as in the Answer to the Question (Date: 19/05/2016 CE) very clearly and compactly “when” the State is allowed to impose taxes upon the Ummah:
“Therefore, imposing a tax in islam needs to meet two conditions to allow its imposition for the implementation of projects, and only to the necessary extent:
1. The project should be obliged on the treasury house, ie on the State and Muslims, and its obligation must be established by a Shar’i text. This is like a necessary road, where there is no alternative, or a hospital, when there is no alternative in an area, or heavy machinery plants or their likes whose absence causes harm to the nation, due to the hadith of the Messenger (saw) << لا ضرر ولا ضرار >> “Harm is not allowed to bring upon oneself and nor upon others.”
2. There should be insufficient funds in the Treasury House (bait ul-mal) If both conditions are not met, it is not allowed to impose a tax. If the project was obliged upon the State only as a form of undertaking the normal affairs of the people, such as the establishment of a noncritical road, or building a second hospital where one already exists, in this situation funds are spent on them from the bait ul-mal if found. Likewise, if the project was obliged upon Muslims, but there are sufficient funds in the bait ul-mal, then the project is undertaken from such funds without imposing a tax.
However; as mentioned at the very beginning of this article, there are some kinds of taxes prescribed by the Shariah, like the Jizya, Ushr and the Kharaj, which will be collected by the Khilafah according to the evidences in Islam. Hizb ut Tahir has also regulated these issues in its Draft Constitution for the Khilafah State:
“Article 144: Jizya is collected from non-Muslims (people of Dhimma). It is to be taken from the adult men if they are capable of paying it, and it is not taken from women or children.
Article 145: “Land tax is payable upon the Kharajiyyah land according to its capacity. Zakah is collected from the Ushriyyah land according to the actual production.
Article 149: The permanent sources of income for bayt ul-maal are: spolis (fel’), jizyah, kharaaj, a fifth of the buried treasure (rikaaz) and zakaah. All these funds are collected, whether there is a need for them or not, on a perpetual basis.”
The evidences for these are detailed in the Draft Constitution or The Necessary Evidences for it – Part 2.
Kharaj is taken in exchange for utilization, according to the potential of the land, and it fixed amount. There are certain factors to be considered when determining the is not Kharaj on the land, or on the crops or fruits from that land. Thus, fertility of the land, quality and quantity of the produce/yield, methods of watering (rain, wells, canals, rivers, sprinklers machines etc) the infrastructural location and connections, etc. are all factors which have to be taken into consideration in order to protect the land as well as its farmers from harm or overburdening. Also Rasulallah (saw) ordered to consider any difficulties for the land owners through natural disasters and crop damage: “Reduce the estimate for in property there is bequests, the one effected by cold weather (Ariyyah), the falling down crops and natural disasters.”
Khalifah Omar b. Al Khattab asked Uthman b. Haneef and Huzayfah b. al-Yaman after they had returned from surveying the land and fixed the Kharaj in Iraq (As-Sawad), of how they fixed the Kharaj on that land? And he added “Perhaps you burdened the people you worked with what they cannot bear?” Huzayfah said “I left some extra.” And Uthman said: I left the weak ones, if I wanted I could have taken from them.” (The Funds in the Khilafah State by Sheikh Abdul Qadeem Zalloum) There are more elaborate details explained in Hizb ut Tahrir publications. You can reach them on the links that I added at the end of this article
The Khilafah will not impose anything upon its citizens, whether Muslim or Zimmah which they cannot afford for Khalifah Omar (ra) prohibited the maltreatment of Zhimma, who were not able to pay the Jizya. He said: “Leave them and do not impose upon them what they cannot afford, for verily I heard the Messenger of Allah (saw) say: << لا تَعْذِّبُوا النَّاسِ، فَإِنَّ الذين يعذبون الناس في الدنيا بعيهم الله يوم القيامة >> “Don’t torture the people, as the one who tortures them in this world will be punished by Allah on the Day of Judgement.” The Messenger of Allah (saw) appointed Abdullah b. Arqam over the Jizya of people of Zimmah << الا من ظلم معاهداً، أو كلفة فوق طاقته، أو النقصة، أو أخذ منه شيئاً بغير طيب نفسه فأنا حجيجه يوم القيامة >> and said: “Surely, whoever oppresses a person under covenant (Mu’allid) or imposes upon him more than he can afford and humiliates him or takes anything from him without his consent I will challenge him (i.e. the oppressor), on the Day of Judgement.” (The Funds in the Khilafah State)
Such is the justices in the Economic System of Islam. The Khilafah holds on to the orders of Allah (swt), thus it derives its funds fairly and plentiful without exploiting a single person, the nature or any other living or non-living creature. This is what ensures that every single life under its guardianship is always provided with all its needs.
Suggestions for further reading:
Economic Crises. Their reality and solutions from the viewpoint of Islam by Sheikh Ata Bin Khalil Abu Al-Rashtah Hizb ul Tahrir
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O Noble Scholars of the Ummah! Speaking the Truth will not advance one’s Ajal, nor decrease one’s Rizq
On the authority of Abu Ad-Dardaa’ (ra), RasulAllah (saw) said:
«العلماء ورثة الأنبياء»
“The scholars are the inheritors of the Prophets.” [Abu Dawud, Tirmidhi]
For this high rank and responsibility that Allah (swt) has placed upon your shoulders, we have decided to address you, hoping that we will all be among those who stand for truth, and do not fear anyone other than Allah (swt).
Brothers and virtuous scholars:
The scholars are the inheritors of the Prophets in their Iman, knowledge, deeds, and courageous stands for the truth. But where are the scholars of this age? Where are the inheritors of the Prophets today?
While the great Muslim scholars of our past were known for their abundant knowledge and their profound understanding of the Deen, what made them truly great were their courageous stands for the truth and their firm challenging of the errors of their time. Examples such as:
· Abdullah bin Abbas (ra) stood firm against the Khawarij
· Saeed bin Jubair (ra) stood courageously against the tyranny of Al-Hajjaj bin Yusuf
· Sufyan Al-Thawri (rh) refused to even touch the letter from Harun Al-Rashid because he believed that it came from an oppressor. He ordered one of his companions to turn the letter over and write on its back: “To Harun” and not “To Ameer Al Mu’mineen,” and said (in summary): “You decided by yourself to deal with the money of the Muslims as you wished, so you are an oppressor, and I shall testify against you”
· Abu Hanifah (rh) was not satisfied with the leadership of Al-Mansour in general. His mother told him one day when he was in prison, “O Nu’man, this knowledge did not benefit you, except in getting beaten and imprisoned, and this is enough for you to abandon it.” He answered her, “O mother, if I desired the world I would have achieved that, but I wanted Allah (swt) to know that I safeguarded the knowledge I was given and did not submit myself with it to doom”
· Ahmad bin Hanbal (rh) was urged by his uncle, when he was in prison, to refrain from publicly opposing the opinion held by Al-Mutassim. He replied: “If the scholars do not speak the truth, and thus the people ignore it, so how then will the truth ever be known?”
These are just a few of the stances of great Muslim scholars of the past, so where are the great Muslims scholars of today? What are your stances on the Ummah’s current issues? Where do you stand regarding the saying of Imam Al-Ghazali (rh): “The corruption of the people is due to the corruption of the rulers, and the corruption of the rulers is due to the corruption of the scholars”? Where do you stand regarding Allah’s (swt) command to:
﴿وَإِذ أَخَذَ اللَّهُ ميثاقَ الَّذينَ أوتُوا الكِتابَ لَتُبَيِّنُنَّهُ لِلنّاسِ وَلا تَكتُمونَهُ﴾
“…make it (the truth and the Message) known and clear to mankind, and not to hide it.” [3:187]
People without the Ulemaa’ are lost in ignorance and easy prey to the Shayateen among men and Jinn. Hence, the Ulemaa’ are a blessing from Allah (swt) for the people on earth, and are the lanterns in the darkness, the leaders of guidance, and the proof of Allah (swt) on His earth; through them, misguided ideas are countered, and the clouds of doubt are cleared from the hearts and minds of the people. The Messenger of Allah (saw) likened them to the stars when he said:
«إِنَّ مَثَلَ الْعُلَمَاءِ فِي الأَرْضِ كَمَثَلِ نُجُومِ السَّمَاءِ ، يُهْتَدَى بِهَا فِي ظُلُمَاتِ الْبَرِّ وَالْبَحْر، فَإِذَا انْطَمَسَتِ النُّجُومُ يُوشِكُ أَنْ تَضِلَّ الْهُدَاةُ»
“Truly, the Ulemaa’ on the earth are like the stars in the sky; people are guided through them in the darkness of the land and sea, and if they are hidden, the traveler will lose his way.” [Ahmad]
Given this responsibility that Allah (swt) has entrusted you with, we remind you, as your brothers that you can follow in the footsteps of the great scholars to:
· Hold accountable the rulers in the Muslim world: Whether it’s the tyranny of al-Assad or Al-Sisi directly assaulting the Ummah, or the Saudi government conducting bombing raids on our brothers and sisters in Yemen, the scholars must raise their voices against this treachery.
· Reveal the dangers of the colonial powers to the Ummah and humanity: With the election of the former reality show star, Donald Trump, Allah (swt) has made it easier for us to expose the corruption of the liberal secular elite and their policies. We see the colonial powers – the US, UK and Russia – plotting in the open and in secret against this Ummah specifically, and against humanity in general; whether it’s the abuse of the natives in South Dakota, or the continued intervention in Iraq and Syria, the economic, political, and military policies have brought much poverty and hardships to Mankind, animals, and the environment. If the Ulemaa’ do not call out such policies, who then will guide the Ummah and humanity to what is right?
We would like to conclude this advice with a reminder from our beloved Messenger (saw), as narrated in the Hadith:
«أَلاَ لاَ يَمْنَعَنَّ أَحَدَكُمْ هَيْبَةُ النَّاسِ أَنْ يَقُولَ بِحَقٍ إِذَا رَآهُ أَوْ شَهِدَهُ، فَإِنَّهُ لاَ يُقَرِّبُ مِنْ أَجَلٍ وَلاَ يُبَاعِدُ مِنْ رِزْقٍ أَنْ يَقُولَ بِحَقٍّ أَوْ يُذَكِّرَ بِعَظِيمٍ»
“Do not let fear of people prevent you from speaking the truth when you see it; speaking the truth and doing what is right will never advance your Ajal nor prevent Rizq.”[Ahmad, Ibn Habban, Ibn Majah]
May Allah (swt) keep our feet firm and resurrect us as brothers and sisters in Jannat Al-Firdous.
Hizb ut Tahrir – Canada
25 Rabii’ al-Awwal 1438 AH
December, 24 2016 CE
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Q&A: The Shar’i Principles for Dealing with Rivers
Question:
Are there Shar’iyah principles in respect to dealing with rivers, whether their origin to their mouth (end-point) are within the Khilafah state, or they pass through the state and into another? Jazaakum Allah Khairan.
Answer:
Islam has solutions for every problem that has happened, is happening or will happen in the future. That is because Allah سبحانه وتعالى has perfected this Deen:
الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الْإِسْلَامَ دِينًا
“This day I have perfected for you your religion and completed My favour upon you and have chosen for you Islam as a Deen” (Al-Maa’idah: 3)
And He Ta’Aalaa has made it obligatory upon us to refer to the Shar’a of Allah for judgment in respect to every minor and major issue. He سبحانه وتعالى said:
وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّـهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللَّـهُ إِلَيْكَ
“And judge, (O Muhammad), between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you” (Al-Maa’idah: 49)
The word ‘مَا’ (what), as is known, is from the general form (Siyagh Al-‘Umoom). Consequently, Allah سبحانه وتعالى has made it obligatory to rule by Islam in every matter without exception i.e. without taking parts at the expense of parts:
وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللَّـهُ إِلَيْكَ
“And beware of them, lest they tempt you away from some of what Allah has revealed to you”.
Therefore, Allah Al-‘Azeez Al-Hakeem has not left a single problem that people will be exposed to within the life of this world except that it has been solved by Islam, by a Shar’i text or through Istinbaat (deduction) in accordance to the Usool Shar’iyah principles. Allah Ta’Aalaa created us and explained to us that which is suitable and correct for our affairs as He سبحانه وتعالى is Al-Lateef Al-Khabeer:
أَلَا يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللَّطِيفُ الْخَبِيرُ
“Does He who created not know, while He is the Subtle, the Acquainted?” (Al-Mulk: 14)
For that reason, there are indeed Shar’iyah principles for dealing with rivers, equally whether they are in the Khilafah state or they pass through it and into other countries. I will mention some of these matters in a summarized manner and it will be explained in full at the time of the establishment of the Khilafah state, Inshaa Allah, the state that we supplicate to Allah to be established soon and Allah is ‘Azeezun Hakeem:
1. The major rivers are public property (Mulkiyah ‘Aammah) and they fall under two types of the public property. From one angle, they fall under the collective amenities which are indicated to within his speech ﷺ: «الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلَاثٍ: فِي الْكَلَإِ، وَالْمَاءِ، وَالنَّارِ» “The Muslims are partners in respect to three (matters): The pasture lands, water and fire” (Narrated by Abu Dawud). They are also from the types, which by the nature of their formation, prevent individuals from exclusively taking them into their possession. That is based on the Hadeeth of Prophet ﷺ: «مِنًى مُنَاخُ مَنْ سَبَقَ» “Mina is the resting place of the one who reaches it first” (Narrated by At-Tirmidhi). Further details can be found in the book, Funds in the Khilafah State and in the book, The Economic System in Islam to be referred to.
2. The Muslims understood from the time of the Prophet ﷺ until our current time, that the major rivers like the Tigris, Euphrates and the Nile are public property which nobody can take exclusive ownership of or exclusively attain the benefit from. The state used to enable the people to attain the benefit from the major rivers for drinking, domestic utility, feeding the livestock (which is known as Ash-Shaffah), to water the agricultural lands (which is called Ash-Shirb) and for travel and transportation… It used to undertake layout of the banks and cleaning the rivers (which is called Bakriy Al-Anhaar) so that the people could benefit from them… All of that is clear when reviewing the books of history and Islamic Fiqh… I will mention some of the Fiqhi texts that guide to the concern that the Muslims had with the subject of the major rivers so that the benefit from them can be facilitated:
– The following was mentioned in the book ‘Tuhfat ul-Fuqahaa’ by Samarqandi (deceased around 540 AH)
“… (In regards to) the major rivers like the Euphrates, the Tigris and Gihon amongst others, then no one has a right over exclusivity. Rather, they are the right of the masses. So, everyone who is able to water his lands from them, then he has the right to do that, just as he has the right to set up mills, waterwheels and what is similar to that. That is as long as it does not negatively impact the major river. If it (i.e. the usage or activity) does have a negative impact upon the river, then the person is prevented from that. In addition, the digging i.e. maintenance of the great rivers is a duty upon the authority (ruler) to undertake from the wealth of the Bait ul-Maal. That is because their benefit returns to the general public and consequently the funding of that is found within the public funds and that is the funds of the Bait ul-Maal…) End.
– The following was mentioned in the Kuwaiti Fiqhiy Encyclopedia:
“Al-Karyu means: Extracting the clay (sediment) from riverbed, digging and fixing its banks. The funding of the Karyu (maintenance) and all that the river requires in terms of fixing and rectifying is taken from the Bait ul-Maal (State Treasury) of the Muslims, because it is for a general interest (Maslahah ‘Aammah). If there is nothing available within the Bait ul-Maal (treasury) then the Haakim (ruler) compels the people to restore and maintain the rivers because their refraining from that brings about a harm and because it realises the public interest…
The Karyu (maintenance) of the public rivers like the Nile, Tigris and Euphrates is the responsibility of the Sultaan (ruler/authority) to be taken from the Bait ul-Maal. That is because the benefit of the maintenance is for the Muslims in general and consequently its funding is from the Bait ul-Maal. That is due to the statement of the Prophet ﷺ:
«الْخَرَاجُ بِالضَّمَانِ… وَلَوْ خِيفَ مِنْ هَذِهِ الأَنْهَارِ الْغَرَقُ فَعَلَى السُّلْطَانِ إِصْلاَحُ مَسَنَاتِهَا مِنْ بَيْتِ الْمَال»
“The Kharaaj is by guarantee … and if submerging is feared from these rivers then it is the duty of the Sultaan (ruler) to fix or rectify its dams from the Bait ul-Maal”.
– The following was mentioned within the book ‘Darar Al-Hukaam Fee Sharh Majallat ul-Ahkaam’:
* ((Article 1238) Non-owned public rivers)
Article (1238) – (The public non-owned rivers, and these are the rivers that have not been included in Muqaasim i.e. in the runnings of the collective ownership, are also Mubaahah (permissible) like the Nile, the Tigris, Danube and Tonga Rivers). The public unownable rivers, and these are the rivers that have not been included in Muqaasim i.e. in the runnings of the collective ownership, do not fall under the ownership of anyone. That is like the seas and lakes. Rather they are Mubaahah (permissible). For that reason, everyone can seek benefit through them upon the condition that it is not harmful (or detrimental) to the general public as has been explained in Article (1254). The person can open up a stream or conduit and run water from it to his land and irrigate his land, set up a mill, water scoop and water hole.
If, however, that was harmful (or detrimental) to the ‘Aammah (public), where the water overflows and ruins the rights of the people or prevents the movement of boats, then all of the people have the right to prevent it. This is relation to the rivers. As for the sea, then benefit is sought from it even if it harms. This is what Al-Quhustaani stated (clearly) and this issue will be examined in the explanation of the Articles (1263 and 1264).
In respect to these rivers, all of the people have the right to Ash-Shaffah (feeding livestock, domestic utility and drinking), whether that is harmful to the public or unharmful. In regards to the unownable public rivers like the river Nile that flows in the Egyptian region, the river Euphrates which flows in Iraq, the Tigris (Dijla) (which is read with a Kasrah on the Daal and a Fat’hah), the Shatt-ul-Arab (which is the result of the convergence of the Tigris and Euphrates), the Danube, a part of which lies in the lands of Romania, the Tunca River which is also called the Maritsa River which runs through the town of Edirne, all of these major rivers are not anyone’s property because the ownership according to Article 1249 occurs through acquirement and placing the hand over it. This acquirement and placing one’s hand over it is not possible in respect to these rivers. As long as these rivers cannot be taken possession of and acquired then they remain shared amongst the people according to Article 1234 and the right for all the people to attain benefit from it is affirmed in accordance to Article 1265 (The enlightenment and refuting the bewilderment in respect to the beginnings of Ash-Shurb and Az-Zayla’iy in respect to Ash-Shirb).
((Article 1265) Everyone has the right to irrigate his lands from non-ownable rivers).
Article (1265) – Everyone has the right to irrigate his lands from the unownable rivers and he has the right to open up a stream or conduit to irrigate his lands and to set up a mill. However, it is stipulated that others are not harmed. For that reason, if the water overflows and is harmful to the creation or it interrupts the rivers water completely or blocks the passage of boast then that is prevented (or forbidden)).
Everyone has the right to Ash-Shirb and the right of Ash-Shaffah in respect to the unownable rivers which means that he can irrigate his lands. That is if someone has revived barren land close to the designated river. He can open up a stream or conduit and let the water run from the designated river to his land that he has revived. (The explanation of Al-Majma’ in respect to the Shirb). That is if the place that the spring has been opened up from is a property of his. It is also the right of anyone to drink the water from the designated river, to perform Wudoo’ from it, wash clothes and to open up a stream or conduit within his owned property or the barren lands from anew or in increase, to irrigate his lands and he has the right to set up a mill. This would be like when the spring has three conduits; he protects it and makes four or five conduits for it (Al-Hindiyah in the second chapter from the Shirb).
Similarly, if it was a large unownable river close to the vineyards of someone and the owner of the vineyard wanted to set up irrigation equipment upon the river to irrigate his vineyards and there was no harm to others in doing that, then the owners of the vineyards and irrigation equipment located under his vineyard have no right to prevent him from doing that through claims of it being against their consent.
And you are no doubt aware that the Majallat ul-Ahkam was applied in the Uthmani State i.e. that these mentioned Ahkam (rulings) above were applied by the state and relied upon (or adopted). All of that guides to the manner of how the Islamic state dealt with benefiting from the major rivers…
– If the major river was located, in its entirety from its beginning to end within the authority of the Islamic state then there are no problems in respect benefiting from its waters and travelling in them in accordance to the Shar’iyah rulings, some of which we have mentioned above… There is no harm for the river to run in many of the Wilaayat (provinces) because all of the provinces are within the authority of the state whilst their division according to specific geographic borders is only an administrative matter… If acquiring benefit of the major rivers requires arrangements being made between the different Wilaayat then the Khalifah will undertake the necessary administrative coordinative management that ensures the attainment of the benefit from the different provinces in the best and easiest manner…
– If the regulation of the usage of the major river and benefiting from its waters requires the state to intervene by putting down detailed regulation for that, then the state will put in place administrative systems that will organize the matters related to irrigation, movement, transport and other than that… In light of the current material technological advancements, then it is most probable that it will be the state that undertakes the organization of the irrigation, delivery of water to the houses and farms, the travel movement and transportation within the rivers… The state can place fees for the usages and benefits acquired from them upon the condition that the profits resulting from that return to the Bait ul-Maal of the Muslims within the public property revenues section.
– If parts of the major river flow outside of the authority of the Islamic state, then the state will convene, if necessary, bilateral agreements or treaties with the state that it is related to, in accordance to the (dictates of the) Ahkam Ash-Shar’iyah. That is in order to organize the utilization of the river without affecting the interests of the Islamic state detrimentally and it is done in accordance to the Ahkam Ash-Shar’iyah related to the public properties… If an act of aggression or hostility occurs from another state by preventing the flow of water of the major river from reaching the Islamic state or by its exploitation in a manner that harms the interests of the Muslims, then the state will take the political, economic and military measures that enable it to remove the harm brought about by the other state, even if the matter reaches the point of war against the aggressing state to take back the Haqq (right).
– I will draw attention to the point that throughout history, the states that are upon the shores of the major rivers did not used to prevent each other from benefiting from the waters of the major river (the international river). Indeed, all of the states located upon the rivers benefited from the rivers without that being problematic… Problems related to the international rivers did not arise until the age of western colonialism which took them as a means for colonialism and exerting political and economic pressures upon other states.
– The right in respect to the public property belongs to the subjects of the Islamic state and not to other states. As such, the state imposes fees upon other states’ usage of the rivers located under the authority of the Islamic state. It can also sell them its water, electricity that results from the water and what is similar to that … It will then place the profits realized from that within the Bait ul-Maal to spend upon that which the Ahkam Ash-Shar’iyah has permitted.
– In respect to the organizational procedures that the state puts into place for the beneficial utilization of the major rivers; dividing its waters and organizing movement or transportation within them, it pays attention and consideration to the rivers not drying up, the flow being interrupted or impeded, the pollution of its waters or to any other harm that can befall them. Just as it makes effort directly to remove any harm that happens unintentionally… It adopts water policies characterized by justice in respect to the division of water shares (or quotas) and at the same time it is characterized in respect to preserving these water sources in the best manner possible … All of this is not detached from the economic policies and the general environment that the state sets.
– Attached to what has been mentioned previously is the regulation of the state of the benefit from the fishing treasure in the major rivers and enabling the people to fish and so on…
I hope that this summarized answer is sufficient… and its completed explanation will happen at its time Inshaa Allah.
12th Safar 1438 AH
Corresponding to 12/11/2016 CE -
Q&A: Zakat on Debts
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
I work in one of the Palestinian universities, and often work overtime but we do not receive the overtime pay, rather it is held by the university as a debt they owe, and perhaps the credit of one for us (workers) may far exceed the quorum (nisab) of Zakat (due to years of overtime). And this debt is not considered a dead debt, but is recoverable, however the timing for receiving it is not known. For example, I did not receive overtime payment for four years yet; I do not know when I will receive it. Is there Zakat for this money or not? And if there is Zakat, is it payable in a lump sum when received, or is it for every year?
Note: Many of the instructors are puzzled on this issue and seek a comprehensive answer…. May Allah reward you.
From Ma’an Alsarsoor
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
I understand from your question that the entitlement for overtime pay is agreed with the university, that you deserve for this work a specific pay given to you upon completing the work, but if they do not give it to you at the time, it becomes debt on them … and it is not a “tip” or a bonus because you volunteered to do extra work, such that they give you what they want, a little or a lot, or not give you at all… If my understanding this is true, then the answer to your question is mentioned in the book of Funds in the Khilafah State (Al-Amwal fi Dowlat Al-Khilafah) in the following text:
(… Where a person is a creditor of a debt to a non-deferring rich person who is able to repay it at any time, it is obliged upon him to pay Zakat on that debt when a year passes over it. Ibn Obaid narrated from ‘Umar ibn Al-Khattab who said: “When Sadaqah becomes due, count your debts and what you have as one whole then pay its Zakat.” Uthman b. Affan said: “Sadaqah is obliged upon the debt which you could collect from the debtor if you want, and that debt which is on someone who delays repayment and you leave it due to shyness or as a favour; in it is Sadaqah.” Narrated by Abu Obeid, who also narrated from Ibn ‘Umar said: “On each of your debts in which you expect repayment you must pay Zakat whenever the year passes over it.”
However, where the debt is owed by a poor person in hard circumstances, or a deferring rich person, it is not obliged upon the creditor to pay its Zakat until it has been repaid. After it has been repaid he gives all that was obliged upon him over the years. Regarding a doubtful debt i.e. one in which the creditor is not sure if it will be resolved or not. Ali said: “If he is honest let him pay the Zakat once it has been restored for the period.” Narrated by Abu Obeid, who also narrated from Ibn Abbas said regarding debts: “If you don’t expect to receive it, don’t pay its Zakat until you get it. When you receive it, pay all that is upon it.”.) End of what was mentioned in the book Funds in the Khilafah State.
Accordingly, your pay which is withheld by the university as a credit for you on them, the Zakat on this pay is not necessary to be paid now, but it must be given when you receive your pay from the university because you do not know when you will take it. That is, you cannot request it from the university and take it from them whenever you want. As long as this is the case, the Zakat on this money becomes obligatory on you when you receive the pay and by then, you pay Zakat for the past years as from the time your money reached the Nisab (quorum) and a year has passed over it. That is, it is obligatory to pay Zakat for all the years after the passing of a year from owning the Nisab, and not only to pay its Zakat for one year, but for all the years after the Nisab passed a year…
I ask Allah to bless you in your money, family and children.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
03rd Dhul Qi’dah 1437 AH
06/08/2016 CE
