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  • Q&A: The Budget in the Khilafah State

    بسم الله الرحمن الرحيم
    The Answer to the Question:
    The Budget in the Khilafah State
    To: Tahsin Hasan Hadyah
    (Translated)

    Question:

    Bismillah Ar-Rahman Ar-Raheem… As-Salaam Alaikum Wa Rahmatullah Wa Barakaatuhu Please explain the meaning of what is mentioned below:

    In the book The Economic System in Islam, it mentions the following statement regarding the State budget:

    “As for the Islamic State, she does not draw up an annual budget because the matter does not require a specific law for the budget each year. The budget does not get proposed to the Ummah’s Council, nor is the Council’s opinion sought. This is because the budget with all its articles and sections, and the funds included in each of them, is law in the democratic system. It is a law for one single year. The law in the democratic system is enacted by Parliament, and that is why the matter is required to be proposed to Parliament for ratification. The Islamic State does not need this, because the Treasury’s revenues are levied according to the Shari’ah rules stipulated by text and they are paid out according to the Shari’ah rules stipulated by text. All of these are permanent Shari’ah rules; hence, there is absolutely no room for opinion seeking with regard to the revenues and with regard to the expenditures. The sections in the budget are formed of permanent sections that have been determined by permanent Shari’ah rules. This is as far as the Budget sections are concerned; as for the appropriations of the budget and the amounts included in each appropriation as well as the matters for which these amounts are allocated in each appropriation, all of this is down to the opinion and the Ijtihad of the Khalifah. This is because it is part of looking after people’s affairs, which Shari’ah had conferred upon the Khalifah to decide based on what he deems fit; and his order is binding and must be executed.”

    In the book Funds in the Khilafah State, it mentions the Diwan of the general budget as follows: The Diwan of the general budget, the Diwan of general accounting, and Diwan of supervision. As for the Diwan of the general budget;

    “The Diwan of the General Budgets, General Accounts and Control: The Diwan of the general (budget is responsible for the preparation of the future budget of the State, according to the Khalifah’s opinion, in terms of estimating the State’s revenues and expenditure, comparing the overall and real revenues and expenses with that budget, and monitoring the total revenues of the State and its real expenditure. This Diwan would be affiliated to the Dar ul- Khilafah.”

    This Diwan is part of Dar Al Khilafah; therefore I see a contradiction between the two books, the first is negating the existence of a state budget and the second is agreeing to the existing of a state budget, please explain the matter. Thanking you immensely … Abu Hassan

    Answer:

    Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

    First: In order for the answer to be clear, we mention the following:

    1. The budget in general includes the revenue and expenditure, each has chapters and sections.
    2. The chapters on the revenues are related to sources of revenue, and the sections are related to the revenues specified for the expenditure on the state departments and looking after the affairs of the people. The chapters of expenditure are related to how to spend it internally, and the sections are related to specifying the type of departments to spend on and to control the expenditure according to what it is required for.
    • In the democratic capitalist states and their likes, the Parliament convenes and agrees on the chapters of the budget and its sections in the revenue and expenditure, i.e. it decides the yearly sources of revenue, such as saying they come from such taxes, and from such loans, and from such aids, and from such general sectors… and so on. Then they allocate from the sources specific cost for example to build roads with a certain sum, and to give a sum for some factories and so on. It decides how to spend it and allocates the expenditure and control it according to their requirements, this is what takes place in current states.
    • In Islam, the chapters of the budget, its revenue and expenditures are fixed and permanent, it is not permissible to take funds from other than these sources, and it is not permissible to spend in other than a Shariah way:
      • As for the chapters of revenue, they are specific sources of the public ownership and state ownership, like Kharaj and Fai’… also Zakat. These sources are permanent and are not decided upon by the Khaleefah nor Majlis Al-Ummah. As for its sections like to estimate the revenue in a year, like the expected oil or expected Kharaj in this year, this is permissible. Or to allocate the specific revenue to some of the sectors, this is permissible. This is why the chapters of the budget have no set yearly budget because it does not change neither by increase or decrease. As for its sections, like estimating what it produces or distributed over the state affairs and looking after the affairs of the people, this is permissible.
      • As for the chapters of expenditure, it is also specified in Islam by Shariah rules, and they are related to how to spend the sources of income of the public ownership, and state ownership and from Zakat, and the Khaleefah or Majlis Al-Ummah cannot violate this. As for its sections in terms of which sectors to spend on and the control of expenditure so as to not go beyond its allocation, the Khaleefah can specify it with his opinion and Ijtihad and he can consult Majlis Al-Ummah so that it can decide on the amount of expenditure over the project, and on the amount to be allocated to other projects and so on.

    I.e. that there is a section in the budget that neither Majlis Al-Ummah nor the Khaleefah can decide on which is the chapters of the budget, and there is a section whereby the Khaleefah can decide on and can consult Majlis al-Ummah in and it is in the sections of the budget.

    Second: this is clarified by what was mentioned in The Draft Constitution Article 36, point (F), this is the text:

    “He [Khaleefah] is the one who adopts the Shari’ah laws according to which the budget of the State is decided, beside the sections of the budget and the amounts allocated to each aspect, irrespective to whether it was related to revenue or expenditure.” End of quote.

    This is detailed in article 148, and this is its text: “Article 148: The budget of the State has permanent chapters determined by Shari’ah rules. As for the sections of the budget, the amounts allocated for each section, and the issues of each section covered by these amounts are left to the opinion of the Khalifah and his Ijtihad.”

    And in its explanation it mentions: “As for the preparation of this budget in terms of its chapters, sections and amounts which are drafted, these have been decided by the Shari’ah laws. So the Shari’ah laws introduced and decided income such as land taxes and booty, and expenditures were introduced and decided how it should be spent, and it was confirmed what must be spent upon and what needs to be spent upon if the money is found to do so. The income and expenditure were introduced and decided by the Shari’ah rules, and therefore the chapters of the budget are permanently based upon that, since the Shari’ah decided them and the Shari’ah rule is permanent and does not change.

    As for the sections, which are the branches which branch off from them such as the land tax upon the land with a natural water supply, and the land tax upon irrigated land, or anything similar, the Khalifah can draft them, since they are part of the management of the affairs which have been left to his opinion and Ijtihad. In the same manner, the amounts which are drafted are done so according to his opinion and Ijtihad, such as how much the Jizya and land tax would be, and anything similar, since it is part of what he is responsible for. Accordingly, the evidences for the Shari’ah rules are regarding the income and expenditure of the Bayt Al-Mal, and the control over whatever is in the Bayt Al-Mal that the Shari’ah did not specify is left to the opinion and Ijtihad of the Khalifah.”

    “These three evidences: the evidences regarding the income, those regarding the expenditures, and the evidence that the Imam is responsible for governing the affairs, are the evidences for this article. As

    long as the Khalifah has the right to draft the sections of the incomes and amounts which are drafted in each section according to his opinion and Ijtihad, then there is nothing to prevent the drafting of an annual budget for the State including its sections and the amounts for each section, whether that is for the income or expenditure. What would be prohibited is drafting an annual budget for the sake of new chapters, and not its income and expenditure, since these chapters have been decided by the Shari’ah rules and so they are permanent.” End of quote.

    Hence it is permissible for the state to draft a budget set by the Khaleefah in its sections and branches, according to his opinion and Ijtihad, and it is permissible for it to be annually, and this is what is appropriate because many of the funds in Islam are collected once in the year, like Zakat, Jizya. It is best that the budget is annual with the emphasis here that what is meant by a year hear is the Hijri year and not the Christian year, i.e. that it is best that the Khilafah set its budget every Hijri year and this is what is meant by the above.

    Third: hence based on this it is understood the negation of the budget mentioned in the book, The Economic System, it is a negation of the budget as is in the democratic states, where it is produced by a law annually by the Parliament and it determines the chapters, sections, terms, costs needed by the terms and chapters. And this is not acceptable in Islam because Shariah explained the chapters of the budget and they are permanent, so it does not draft it annually in a budget, as for the chapters, terms, costs needed by the terms and chapters as mentioned in the book:

    “…they are all subject to the opinion of the Khaleefah and Ijtihad, because it comes under looking after the affairs, which the Shariah has authorized the Khalifah to decide on according to his opinion and his opinion must be implemented.”

    Here the negation is for making the budget a law in its chapters, sections and branches, and that the parliament is the one that issues this law, as is the case of drafting and preparing the budget in the democratic states.

    Fourth: Therefore it is understood from the drafting of the budget in the book, Funds in the Khilafah State, “budget is responsible for the preparation of the future budget of the State, according to the Khalifah’s opinion, in terms of estimating the State’s revenues and expenditure, comparing the overall and real revenues and expenses with that budget, and monitoring the total revenues of the State and its real expenditure.” What is meant by the budget here is its chapters, branches, costs that are needed by those terms or the chapters according to the opinion of the Khaleefah and Ijtihad. And the presence of a budget with this reality is not negated in the book, The Economic System In Islam, where it mentions at the end of the chapter on “State Budget” the following: “…The Khalifah reserves the right to determine the appropriations and their items, whenever it is required…”

    This is the role of the mentioned Diwan in the book, Funds in the Islamic State, in terms of the existence of a “budget” that is drafted by the Khaleefah according to his opinion and Ijtihad when the interest requires, but not in the chapters of the budget but in its sections.” End of quote.

    In summary: it is not permissible to set an annual budget for the chapters of the budget because they are permanent in Islam and are explained in the Shariah rules, it is prohibited to add to them or to remove from them. It is permissible to set a yearly budget for its sections, expected costs from the sections of revenue during the year, in addition to the costs specified for the sections of revenue during the year.

    I pray that the answer is clear. And in any case, if we find that there is a need for more clarity in our books, we will study the matter insha’Allah

    Your brother,

    Ata Bin Khalil Abu Al-Rashtah

    28 Ramadhan 1436 AH
    15/07/2015 CE

  • Q&A: Zakat on Secured Currency; The Lands which the Islamic State Lays its Hands on

    Question:

    Assalamu alaikum wa rahmatullah wa barakatuhu my dear respected brother. I became confused on two matters for which I would like you to please clarify them, may Allah سبحانه وتعالى reward you with all good and help you.

    The first matter is related to the Zakat on secured paper currency. It is mentioned in the book “Funds in the Khilafah State” that the representative paper currency is treated the same as gold or silver because it represents either gold or silver. This is clear. It is also mentioned that Zakat on compulsory paper currency is obligatory because it is linked to the currency ‘Illah, and its value is evaluated with gold or silver depending on its purchase value in the market and its Zakat is calculated after the Nisab and the passing of one year. This is also clear. As for the “reliable paper currency” which has a specific cover of gold and silver according to a specific proportion which is less than the nominal value of currency as determined by the State or by the entity authorized to do so by the State. For example, assuming that one Jordanian Dinar was issued by the State to equal to one gold Dinar but it adhered to covering it by 50%, i.e. by one-half of a Gold Dinar, so the Jordanian Dinar was divided to half, the first half is considered representative paper currency, and the second half is considered compulsory paper currency.

    When the book explored the Zakat of this money, it considered the representative half only and did not address the other compulsory half, although it has a market value and has fulfilled the currency characteristic, it was still not considered. Please clarify this.

    The second matter is related to lands and properties (individual, public and state). Two points were cited regarding the lands that belong to the Islamic State. The first: there is no fourth type of properties. Secondly: that all of these lands belong to one of the three properties. It is mentioned in the book Funds in the Khilafah State: 1- Types of State Property: deserts, mountains, sea coasts (beaches) and uncultivated (barren) land not owned by individuals, which the State has laid its hands on legitimately.

    And the phrase “the state laid its hands on, if the state lays its hands on…” was mentioned in its explanation many times, which caused for me some confusion, it is not talking about the lands of individual property, nor of public property, it is also talking about lands that belong to the State yet still mentions “which the state laid its hands on legitimately”, causing me to understand that as though there are lands within the State that are not a property of anyone. Please explain this. May Allah سبحانه وتعالى reward you with Khayr. Your brother, Abu Osama from Al-Quds.”

    From Abu Osama


    Answer:

    Wa Alaikum Assalam Wa Rahmatullah Wa Barakauhu,

    Your question is twofold:

    Answer to the first part of the question:

    The reliable paper currency (Watheeqa) is representative paper, i.e. it can be substituted for gold at any time, but it is substituted with a portion of the value that is written on it, and this is a value that is declared and known to all, thus it is handled on this basis, and when using both kinds of representative paper currency, compulsory paper currency is not used. To clarify this matter, currency dealing occurs either with actual gold, or with representative paper, or with the compulsory paper:

    The Zakat on actual gold currency is clear…

    As for dealing with representative paper currency, whether it is exchanged upon request with gold at the specified value that is written on it or whether it is exchanged with gold with a portion of what is written on it, as known and declared to the people, then it is like dealing with gold because it is a substitute for it. And it cannot be said that the reliable paper currency that is exchanged with gold with only a portion of what is written on it (of value), it cannot be said that the rest of this value would be considered as compulsory paper currency, because:

    The compulsory paper currency cannot be exchanged with gold or silver, it only takes the value of gold or silver by the law of the State depending on the strength of its economy, without this, there is no value to this type of currency, and there is no law that gives a value on the remainder of the currency, therefore there is no value for it…

    Hence, upon using both divisions of the representative paper, then the compulsory paper will not be used…

    Also, the State’s writing on the paper does not affect the value of the paper except with the value of exchanging it with gold, which is known to the people with the reliable paper currency…

    Therefore, the reliable paper currency is a representative paper that takes its value from the portion of exchanging it with gold, thus its Zakat is done according to the gold value it is exchanged with.

    As for dealing with the compulsory paper currency, it has no real value, and it is not exchanged for anything of gold and silver, it has a statutory value according to the law issued by the State in accordance with its economic strength. And Zakat for it is obligatory as per the ‘Illah of currency, and not because it is gold or silver, that is why it is evaluated with gold or silver and Zakat is obliged in it when it reaches the Nisab over which a year passes in accordance with its evaluation with gold or silver.

    Answer to the second part of the question:

    There are two reasons for mentioning “The State legitimately put its hands on it” in the texts which you referred to from the book “Funds in the Khilafah State”:

    First: The State could lay its hands on lands in an illegitimate way like abducting the lands of people, in this case, the State does not legitimately own these lands even if they were in reality at its disposal and in its possession, because Hukm of abduction in Islam is applied if the State abducts money, that the rule of ownership stays with the owner, so if the state illegitimately lays its hands on a land, then it has no legitimate right to either sell it, lease it, or cultivate it…

    Second: Even if the barren land was under the State’s authority, it is permissible for people to own it, and they do not need the permission of the Imaam to own it by Ihyaa’ (revival) or Tahjeer (private ownership)… when these lands become under the ownership of the State then it is impermissible for anyone to own them without the State’s permission, and the State can thus dispose of it by selling, leasing and cultivating… according to what it sees fit from a Shari’ perspective… this was all outlined in the book Funds in the Khilafah State, page 102 from the Arabic book, and the following was mentioned in this regards:

    “It is apparent from the Hadith that Tahjeer (closing the land as private property) is the same as revival, is done in the dead land, and not anything else…

    This differentiation between barren land and cultivated land, is evidence that the Messenger صلى الله عليه وسلم gave permission to the people to own a barren land through cultivating it and closing it off as private property, thus it became permissible, and therefore it does not need the permission of the Khaleefah to cultivate it or closing it off as private property; it is what the Khaleefah lays his hand on, and became known as lands of the State. An evidence for this is when Bilal Al-Muzni asked the Messenger of Allah صلى الله عليه وسلم to allocate a land for him, and he did not become its owner until the Messenger صلى الله عليه وسلم allocated it for him, and if it were to be owned by cultivation of closing it off as private property, he would have surrounded it with a sign indicating his ownership of it, and he would have owned it without seeking permission to allocate it for him.”

    Therefore, the barren land is permissible for the use of people except that which the State laid its hands on, and the rest of the barren land remains permissible for people, i.e. even if the barren land is under the authority of the State, but in terms of ownership, it is permissible for the people as shown by the Shariah.

    Your brother

    Ata’ Bin Khalil Abu Rashtah

    30 Jumada II 1436 AH

    19/04/2015 CE

  • Causes for the Sudden Decrease in Oil Prices

    بسم الله الرحمن الرحيم

    Answer to Question

    Causes for the Sudden Decrease in Oil Prices

    (Translated)

    Question:

    Media outlets have published this Wednesday, 07/01/2015 CE that Brent Crude Oil prices hit $49.66 per barrel, as too did the American crude oil, falling to around $47 per barrel, given that oil prices in 2014 have reached $115 a barrel at the beginning of summer in June in 2014. Then returned to gradually decrease until it reached at the beginning of winter, (at the end of December 2014) to $60 a barrel, and even lower than that, when the prices of West Texas crude oil reached $58.53, and here in the first week of January 2015, it reached to about $50, i.e. more than 50% decrease within five months! What are the causes for this sudden fall in oil prices? And what is expected for oil prices in the future?

    Answer:

    The drop in oil prices encompasses different causes, most notably is the economic factor isolated from the political objectives … including the political factor that triggers the economic factor towards the advantage of the political factor beneficiary.

    The economic factor isolated from the political objectives: (increasing the supply of oil, or lack of demand …), (Tensions, especially military escalations in the oil producing areas and around …), (speculation in the oil market and tampering with the data of weakness of the economies of the influential countries in exporting or importing of oil.)

    The political factor to trigger economic factor towards the interests of the state carrying out the political action, such as (increasing the production, or supplying large amounts of oil reserves, but not for an economic need), but it is (to reduce the price in order to influence the policy of the competing states, especially those who depend in the budget on oil prices), or (to limit the production of oil shale to reduce natural oil price to the level that will bring down the cost of oil shale so that its extraction becomes irrelevant)

    We will outline these issues and summarize the possible causes for the notable drop in oil prices:

    First: the isolated economic factor from the political objectives

    1. Supply and demand:

    Oil, like any other commodity, its price is determined through supply and demand, when the oil market witnesses a surplus in supply, its price will be reduced. This is found in the economic crises of the importing countries which decreases the demand because the country in crises ability to import oil in high price is less, this is why the demand decreases which leads to the drop… Similarly when there is a great oil demand and it exceeds the supply, the price rises.

    2. Tensions and Military Escalation:

    There is also another factor that affects the price of oil, that is “suspense”, i.e., the oil market expectation, like the occurrence of a problem that disrupts the supply as a result of wars or tensions in the oil producing areas … Therefore, the geopolitical tensions in the Middle East where oil areas could be the cause of the rise in oil price. Although there is no change in the amount of oil supply or demand, the oil market can push towards a rise in oil prices if there are fears of a possible supply disruption. When tensions calm, there is a reduced in the price of oil back to the previous value or the real price. For example, the war-speech between the Jewish state, the United States and Iran in February 2012 CE, led to the rise in oil prices, and Forbes Magazine reported, “With the rise in oil prices reaching the highest reported levels for several years, much of it is caused by geopolitical concerns, by putting Iran on the military conflict table. Attacking Iran will push the United States into a recession,” [Forbes, February 2012].

    3. Speculation and Exploitation of Economic Data:

    The poor economic data of some countries that influence the oil, exporting or importing, such as the United States and China can lead to a fall in oil prices, regardless of the change in supply or demand for it. And in this case, the market fears a slowdown in economic output, and interpret it as an inevitable decline in oil consumption, and therefore the price will drop. Speculators prey on the market expectations to raise oil prices or reduce it to earn profits, and as a result, the price of oil is affected by supply and demand.

    Economic data and speculation depend on a number of key players, from oil-producing countries (such as Russia, Canada, and Saudi Arabia … and others), and oil-importing countries (such as China, Japan … and others), and multi-national oil companies (such as Exxon Mobil, BP … and others), and the oil cartel (such as OPEC, and oil traders known as speculators). Each group of them have the ability to influence oil prices, either through influence on the supply or demand, or by anticipating variation in oil prices through speculation. Economic Data and speculation as a result of economic crises in relevant countries strongly affect the prices.

    Second: The political factor to trigger the economic factor for the interest of political factor beneficiary:

    1. The issue of oil shale:

    America surpassed both Saudi Arabia and Russia as the largest oil producer in the world, because of extracting oil through jackhammers underground. Bank of America stated in the summer of 2014: “The United States will remain the largest oil producer in the world this year, having surpassed Saudi Arabia and Russia in the extraction of energy from oil shale, which would revive the economy in the country. The US production of crude oil, along with the liquid, separated from the natural gas, has surpassed other countries this year, with a daily production of more than 11 million barrels in the first quarter of this year …” “The United States is perceived as the largest oil producer after bypassed Saudi Arabia, [Bloomberg, July 4, 2014]

    Oil and gas shale revolution in the United States has resulted in an increase in oil production of 5.5 million barrels per day in 2011 to what is now more than 10 million barrels per day, making it meet most of its needs, dropping its imported oil from Saudi Arabia to less than half, to about 878 thousand barrels a day after it was 1.32 million barrels per day.

    But the problem with oil shale is that it has a high cost of up to $75 a barrel while the cost of natural oil does not exceed $7 a barrel, and this means that the oil-producing countries of rock, headed by the United States will be harshly hit if the price of oil dropped from the cost…

    2. The subject of the reduction in price not for an economic need, but as part of the penalty for the competing states:

    There are two international issues of influence and interest in the world:

    The subject of Iran’s nuclear negotiations and the issue of the occupation of Russia to the Crimea, and these two countries depend in a large part of their budgets on oil exports, and the sudden drop in the oil price to half will undoubtedly affect their policies towards the two issues cited. The Russian budget contributes to the oil and gas, i.e. energy, within the limits 50%, but that is raised in some estimates, Russia needs oil prices at $105 a barrel to reach parity in the economy.

    Oil contributes more than that in Iran’s budget … it reaches more than 80% of the budget, which believes that the price of oil should go up more than $130 a barrel to cover the internal projects and its assistance to its followers in the region. Therefore, the drop in the price of oil to this level strongly affects the budget.

    Third: By reviewing of the above-mentioned reasons, it shows the following:

    1. The isolated economic factor from the political objectives:

    a. Supply and demand almost have not changed in recent years and only changes slightly and does not lead to this sudden drop, even last summer, the global price of oil has remained relatively stable at around $ 106 per barrel of WTI, for nearly four years, but a significant drop in the prices of oil cannot be explained entirely economically. Oil production has been above 80 million barrels per day over the past decade since 2004. At the end of 2013 the global oil market produced 86.6 million barrels a day, then production increased thereafter and increased demand at the end of 2013 through the third quarter of 2014, bringing the supply and demand closer together. According to the figures provided by the International Energy Agency in the third quarter of 2014, the average supply reached 93.74 million barrels, and the average demand was 93.08 million barrels [Source: International Energy Agency site]. It is a slight increase over four years that may be affected by the gradual drop by a few dollars a barrel, but it cannot fall in five months to half unless the economic factor is not the main reason.

    b. Tensions and military escalation, is not new but are almost constant over the last four years … the crises in the region did not intensify sharply to cause a sudden drop in oil prices, escalation and tensions in the region since 2011 until now continue in a pace hardly surprising in events.

    This is with the knowledge that in origin during political crises in a region and in the world there would be a rise in oil prices as what took place in several incidents since 1973. And now that the crisis in Ukraine, Syria, Iraq, and Libya, has intensified, the price per barrel is expected to increase to $120, and even to $150, according to some speculation. The drop in prices in this manner is unusual if the factors are purely economic because crises and wars affect the supply routes, and there will be a shortage in the supply resulting in an increase in the oil price and not a drop, therefore there are reasons other than the sole economic factor.

    c. Speculation and Exploitation of economic data: since 2008 at the height of the economic crisis and things are at a standstill, they didn’t deteriorate but there was some improvement. Therefore it can be said that the sole isolated economic factor is not the main reason for the drop in oil prices to this low rate, which exceeded the 50% decline than it was five months ago.

    2. Second: the political factor to trigger the economic factor for the interest of political factor beneficiary:

    a. The issue of oil shale:

    The cost of oil shale extraction is between $70 to $80 per barrel, and the use of advanced modern technologies in the extraction can lower this cost to reach $50-60 a barrel, the IHS company (a research company) believes that the cost of producing an oil barrel from shale oil has fallen from $70 a barrel to $57 in the last year, due to the oil men learning to dig wells faster and extract more oil, [“The Senate versus shale oil,” The Economist 6/12/2014]. Therefore, the reduction of the oil price to about $50 or $40 a barrel makes oil shale extraction futile, even if it was cut to $60-70 a barrel it would be not viable, because to be economically viable it requires an appropriate difference between the cost and the selling price.

    Therefore OPEC’s lack of reduction in oil production or rather the lack of reduction in the oil production of Saudi Arabia could be one of the reasons … It is well known that America exploited oil shale production due to the increase in oil prices of natural oil to above $100 per barrel, therefore reducing natural oil prices makes the production of oil shale futile.

    The natural oil prices can withstand reduction and remain viable because the cost does not exceed $7 per barrel while the shale oil costs up to ten times that as we mentioned earlier. Accordingly, whatever the reduction of price in the natural oil, it will remain viable, and as Saudi Oil Minister, Ali al-Nu’aimi, said, “OPEC will not reduce its production even if the price of crude oil fell in international markets to $20 a barrel” (Al Jazeera, 24/12/2014) and he explained that “the OPEC quota, as well as that of Saudi Arabia has not changed for several years, it is in the limit of thirty million barrels per day, of which about 6.9 million barrels is of Saudi production, while the production of other non-OPEC countries is increasing constantly.”

    As it is well known, the Saudi monarchy currently under King Abdullah has strong ties with the British, and therefore we can say that the interest of Saudi Arabia not to reduce production and pressurize OPEC for this is within the British policy agreed with Saudi Arabia to influence America’s production of shale oil.

    b. When America learned this is OPEC’s direction which is influenced by- Saudi Arabia, who has the greatest share in OPEC, and especially after the Organization of Petroleum Exporting Countries (OPEC) had met at its headquarters in Vienna, on 27/11/2014, and the members of the organization did not agree to cut production to support prices. This is because Saudi Arabia has refused to reduce production, and they stated that they can live with lower prices in the short term, when America learned that, Kerry, the US Secretary of State, visited Saudi Arabia on 09/11/2014 he visited King Abdullah of Saudi Arabia at his summer residence in an unplanned visit. Although the media reported reasons other than oil for the visit, but the evidence indicates that the purpose of the visit was the oil prices … After this particular visit, Saudi Arabia have begun to increase oil production by more than 100,000 barrels per day during the remainder of September and in the first week of November, Saudi Arabia has reduced the price of oil (Arab Light) by 45 cents a barrel, pushing oil prices to the rapid drop from $80 a barrel. A senior official in the U.S. Department of State that global oil supplies were discussed during the meeting.

    And when he could not persuade Saudi Arabia to reduce production, he discussed the topic from another angle; he expressed approval of the reduction because it will affect Russia which occupied the Crimea as well as it will impact Iran in terms of nuclear talks, and that he sees that these reasons will find the approval from Saudi Arabia, but he wanted the reduction in the range of (80). It seems that Saudi Arabia had agreed to it or showed approval. The British newspaper, The Times, on 16/10/2014 stated that “Saudi Arabia has taken a carefully calculated position to support lower oil prices around $80 to make oil shale extraction economically non-viable, which pushes America back to import oil from Saudi Arabia and to take shale gas out of the market.” This is as a result of Britain standing behind Saudi Arabia in the face of America in its support, which is working to revitalize its economy to get rid of the repercussions of the financial crisis, even at the expense of others and striking them. It is well known that the current regime of Abdullah Al-Saud is loyal to Britain.

    America showed that it has satisfied Saudi Arabia, in terms of the approval of the reduction, as well as it showed Europe that its accusation of America that it is not placing pressure on Russia for the occupation of the Crimea, and its lack of pressure on Iran in the nuclear energy file, is not true and the evidence is its agreement to reduce the price of oil which impacts the budgets of the two states … Then it also pleased some Russian opposition; in early March, the billionaire, George Soros, suggested to the US administration a means to punish Russia for the annexation of the Crimea by slashing off the oil prices … So Kerry tried to show his approval of the reduction but to a certain extent and then deceived Europe and the Russian opposition that he is serious in supporting Ukraine against the Russians, which is contrary to the reality.

    But for the first time America finds itself unsuccessful, the wind came with what the ships detest, oil prices continued to fall to around $60 a barrel in few months, and Saudi Arabia insisted not to cut but it increased production, all of that resulted in a backlash in the oil market as it is known that the morale factor can influence market prices.

    Fourth: Current Expectations:

    1. It is difficult to reinstate the original prices.

    2. However, the continued reduction affects both parties:

    a. In Saudi Arabia, backed by Europe, particularly Britain, because this year’s budget is hit by deficit of 145 billion Saudi riyals out of 860 billion riyals, reserved for the expenses i.e. a deficit of about $ 40 billion, due to the drop in the oil price. And this affects its interior projects, more importantly, what occurs to Britain’s exports to Saudi Arabia, and in particular the arms due to Saudi Arabia’s budget deficit, which hit … Where Britain’s exports to Saudi Arabia amounted in 2012 to 7.5 billion sterling pounds in addition to the investments of the British companies that amount to 200 companies with investments of about $11.5 billion sterling pounds per year, all of which will be affected by Saudi Arabia’s lower financial ability due to low oil prices, and particularly that the Saudi government’s budget receives 89% of its revenue from oil exports. Therefore the continuation in the reduction will affect it in this regard.

    b. On the other hand, the continued reduction affects America’s production of oil shale, because it is due to rising prices of oil in recent years it decided to invest billions of dollars in oil shale extraction in America, and it seemed so profitable, so it added over 4 million barrels of oil per day since 2008 and this is a proportion is effective in world oil production.

    Although the drop in the price of oil stimulates the economy in America, but the loss of its oil shale trade is much higher, and it is not easy for it to let Europe, Saudi Arabia, and OPEC destroy its investments.

    3. Accordingly either America work on modern technology methods to reduce the cost of shale oil production so that it becomes viable with the current low oil prices, and this is not easy, especially if the price of oil continues to drop, and it seems that this drop has not yet stopped. On 7/1/2015 it was published that it dropped below $50 a barrel … and either America heads directly to Saudi Arabia and creates some crisis to Saudi Arabia and make its budget deficit grows and force it to reduce production and thus increase the price of oil … and either to alleviate its crisis with Britain in Yemen and Libya in return for Britain putting pressure on Saudi Arabia to reduce production followed by OPEC reducing its production pushing the oil price to rise … Since these three need scheming but plotting… Hence, the low oil price crisis will remain the place of conflict, its drop or rise will be according to the result of the power struggle or according to compromising transactions, the capitalist way…

    Fifth: the international politics is turbulent and is stumbling, as soon as a crisis ends another one starts, all of this is due to the corruption of the capitalist system that is dominating the world, which carries within it the international crisis, and then leaves people in particular suffering in miserable existence, and the international system in general … All this corruption and corrupting, misery, and suffering will continue as long as the capitalist system is in control, these crisis will not end only through a divine system that Allah (swt) has obliged on His slaves, it is the guided Khilafah “Caliphate” system that carries justice and reassurance for all.

    [وَيَقُولُونَ مَتَى هُوَ قُلْ عَسَى أَنْ يَكُونَ قَرِيبًا]

    “”When is that?” Say, “Perhaps it will be soon” [Al-Isra: 51]

     7 January 2015 CE

    16 Rabi’ Al-Awwal 1436 AH

  • Q&A: Detailed Evidences for Zakat on Trade Merchandise

    Question:

    Can you please provide a hadith that proves that trade merchandise is one of the categories that one pays its Zakat, or is it considered as one of the categories under opinion and Ijtihad?

    From Bilal Abu Munshar


    Answer:

    Wa Alaikum Assalaam wa Rahmatullah wa Barakatuhu,

    Trade merchandise did not come under the categories of Zakat through opinion and Ijtihad, but through detailed evidences that are explained in the book: The Funds in the Khilafah State, page 148 (English version):

    “Trade merchandise is everything other than currency which is used for trading, buying and selling, for the sake of profit e.g. foodstuffs, clothing, furniture, manufactured goods, animals, minerals, land, buildings and other goods that are bought and sold.

    Zakat is obliged on merchandise taken for trade by the agreement of the Companions; From Samura b. Jundub who said:

    «أما بعد، فإن رسول الله كان يأمرنا أن نخـرج الصدقة من الذي نعد للبيع»

    “See! Verily the Messenger of Allah used to command us to give Sadaqah on what we prepared for sale” (narrated by Abu Dawud).

    Abu Dharr narrated from the Prophet صلى الله عليه وسلم who said:

    «وفي البَزِّ صدقته»

    “There is Sadaqah in Bazz.”

    Al-Bazz are clothes and woven material used for trading. Abu ‘Amra b. Hamas narrated from his father who said:

    «مرّ بي عمر بن الخطاب، فقال: يا حماس، أدّ زكاة مالك، فقلت: ما لي مال إلاّ جعاب، وأدم. فقال: قوّمها قيمة، ثمّ أدّ زكاتها»

    “‘Umar ibn Al-Khattab passed by and said: ‘O Hamas, pay the Zakat on your property’. I said: ‘I don’t have any property except for Ji’b (quivers) and leather’. He said: ‘Estimate them, then pay their Zakat.’”

    AbdurRahman b. Abdul-Qari said:

    «كنت على بيت المال، زمن عمر بن الخـطـاب، فكان إذا خرج العطاء جمع أموال التجار، ثمّ حسبها، شاهدها وغائبها، ثمّ أخذ الزكاة من شاهد المال على الشاهد والغائب»

    “I was appointed over Bait ul-Mal in the time of ‘Umar ibn Al-Khattab. When the gifts were given out, the wealth of the traders was collected and counted, of what was present or absent. Zakat was then taken from the present wealth for what was present and absent.”

    From ibn ‘Umar who said:

    «ما كان من رقيق أو بزّ يُراد به التجارة، ففيه الزكاة»

    “There is Zakat on Raqeeq (slaves) and Bazz suits upon which trade is intended.” 

    Your brother,

    Ata Bin Khalil Abu Al-Rashtah

    6 Muharram 1436 AH

    30/10/2014 CE

  • Q&A: The Tangible Effect of Duaa

    Question:

    Assalamu alaikoum wa Rahmatuh Allahi wa Barakatuh dear sheikh, after this greeting, I would like you to help me in finding an answer to the matter of supplication (dua’a)… it is mentioned in the Holy Quran that Allah سبحانه وتعالى responds to the supplication (dua’a) of the person if he supplicates to Him سبحانه وتعالى. The Sunnah also showed us that the response to the supplication (dua’a) could be sooner or later, or is replaced with something better than it in Dunya or Akhira. The Hizb shows in the book of The Concepts of Hizb ut Tahrir that supplication (duaa) achieves a spiritual value but its effect is non-tangible results such as the reward. My question is how can you limit the effects of the supplication (duaa) to the reward only even though Allah سبحانه وتعالى can respond to the supplication (duaa) in the Dunya? May Allah سبحانه وتعالى bless you.

    From Abu Abdallah Khalaf


    Answer:

    Wa alaikum Assalam wa Rahmatullahi wa Barakatahu

    It seems that you are pointing to what is mentioned in the book of Concepts on pages 54 and 55, and that the topic has been a bit confusing for you, and the matter is as such:

    What has been mentioned about the Duaa in those two pages, which is achieving a non-tangible “reward”, was contextualized in a specific case which is when the Shariah scripts showed a Tareeqah to perform some matter, so we don’t use it but we suffice with supplication (duaa) only, and the book gives an example in Jihad and supplication towards opening a fortress or fighting the enemy…

    As for cases other than this case, supplication (duaa) might lead to tangible results in Allah’s سبحانه وتعالى Will, in addition to the reward as it appears in the Hadith of the Prophet صلى الله عليه وسلم that was mentioned in the question.

    In order for this matter to be clear, I will show what concepts have been mentioned on pages 54 and 55:

    1. The top of page 54 states: “On examining those actions which are defined by the Shar’ia rules related to the Tareeqah, we find that they are materialistic actions achieving tangible results.” End.

    This is correct, as by reading the evidence it shows that the actions of the Tareeqah (method) achieve tangible results.

    2. After this text, the book connects between Duaa and Jihad in the case of opening a fort or city or fighting the enemy, so it saw that Duaa alone is not from the Tareeqah, but rather Jihad is the Tareeqah in this case, and that is according to the mentioned evidence…

    It is mentioned in the book Concepts: “… For example, supplication (duaa) is a materialistic action that achieves a spiritual value, and Jihad is also a materialistic action that achieves a spiritual value. However, duaa, although being a materialistic action, it achieves a non-tangible result which is the reward even if the intention of its performer was to achieve a spiritual value. This is in contrast to Jihad, fighting against the enemy is a materialistic action which achieves a tangible result, e.g. the opening of a fortress or city, or killing the enemy and the like, even if the intention of the Mujahid was to achieve the spiritual value…”

    So the connection here is between supplication (duaa) and Jihad upon fighting the enemy or opening a fortress…:

    So if the action was done on supplication (duaa) alone, it will achieve a non-tangible result which is the reward, and that is because the Tareeqah that was mentioned in this case is Jihad and not supplication (duaa). As such, the topic is a connection between supplication (duaa) if used alone in a matter without using the Tareeqah which was shown for this matter.

    It is not permitted to generalize this case by making supplication (duaa) in other cases with no effect in the tangible results and that it only achieves the reward! This is because what is mentioned in the previous paragraph relates to a case which has a practical Tareeqah in Shari’ but was not taken, rather supplication (dua’a) was taken instead, so supplication (duaa) had a non-tangible result which is the reward.

    It seems also that the misunderstanding came from a sentence mentioned in the provided example, as it was mentioned: “However, duaa, although being a materialistic action, it achieves a non-tangible result which is the reward…”, so the sentence became as if it’s a sign for generalization, meaning that supplication (duaa) in all its cases does not but achieve non-tangible results such as the “reward”, whereas in the meantime the context of the example is for a specific case, which is using supplication (duaa) alone in opening a fortress or defeating the enemy without taking the Tareeqah which was mentioned in the texts about “Jihad”.

    3. As for supplication (duaa) while considering the reasons, it has an effect on the results, and it was what the Prophet صلى الله عليه وسلم used to do, and it is what his companions (rA) used to do. The Prophet صلى الله عليه وسلم would prepare the army and enter Al A’reesh while supplicating, and the Muslims in Al Qadisiyya would prepare the equipment in order to raid the river and Saad (rA) would proceed while supplicating to Allah سبحانه وتعالى… This is how the true believers would prepare the equipment then proceed in supplication, as the person striving to pursue Rizq would work really hard and seriously while supplicating, and the student studies and is diligent while supplicating to Allah سبحانه وتعالى for success, and by that it will have an effect on the result in Allah’s سبحانه وتعالى Will.

    It is mentioned in the book Concepts towards the end of the page 55: “It must be noted that though the action indicated by the Tareeqah is a materialistic action which achieves tangible results, this action should be directed by the commands and prohibitions of Allah with the intention of earning Allah سبحانه وتعالى pleasure. The Muslim must also be dominated by his awareness of his relationship with Allah, so he seeks nearness to Allah though salah, dua’a, recitation of the Qur’an and so on. He must also believe that Nasr is from Allah. It is necessary that Muslims maintain taqwa established in the heart to implement the rules of Allah. It is also necessary to make dua’a and to remember Allah (dhikr), and to maintain the relationship with Allah whenever undertaking all actions.” This obviously shows the importance of connecting supplication (duaa) with considering the reasons in all the actions of the believer, and what added more importance to this is the repetition of the word “must” to show how important it is to precede all actions with supplication duaa and always have a relationship with Allah سبحانه وتعالى…

    4. Using supplication (duaa) while considering the reasons is, as we said, what the Prophet صلى الله عليه وسلم, his companions (rA), and the believers would do, and if both are connected then they will have an effect on the results in Allah’s سبحانه وتعالى Will, and using them together do not go against the Islamic method, but what would go against it is limiting to supplication (duaa) alone without the Tareeqah which was shown in the texts in order to implement the Islamic thought.

    It is mentioned in the book Concepts at the beginning of page 55: “It is completely unacceptable that all actions used to implement the Islamic Fikrah be those actions that achieve non-tangible results. This is contrary to the nature of the Islamic Tareeqah…”

    This means that what goes against the Islamic Tareeqah is “all actions used to implement the Islamic Fikrah be those actions that achieve non-tangible results”, either that some of them achieve non-tangible results such as “supplicating in certain cases,” and other actions that achieve tangible results such as “physical preparation”, which is something that could happen and is important, and it does not go against the Islamic Tareeqah.

    5. Thus, what has been mentioned in the book Concepts about supplication (dua’a) is these two cases:

    Firstly: To appear by itself in implementing the Fikra but it is not the way of implementation, as the texts show the other Tareeqah of implementing it, such as supplication (duaa) alone in the cases of fighting the enemy, to stand in front of a fortress to open it without preparing the army to fight, but rather the supplication (duaa) alone. In this case, the supplication (duaa) does not achieve except non-tangible results which is the “reward”.

    Secondly: Connecting the supplication (duaa) with the reasons, and this is something unavoidable, and in this case both “it and the consideration of the reasons” participate in affecting the results in Allah’s سبحانه وتعالى Will.

    Nothing has been mentioned in the book Concepts about supplication (duaa) in other cases, except for that mentioned in the general Hadith that was narrated by Ahmad: On the account of Abi Al Mutawakkil, on the account of Abi Saeed, that the Prophet صلى الله عليه وسلم said:

    «مَا مِنْ مُسْلِمٍ يَدْعُو بِدَعْوَةٍ لَيْسَ فِيهَا إِثْمٌ، وَلَا قَطِيعَةُ رَحِمٍ، إِلَّا أَعْطَاهُ اللَّهُ بِهَا إِحْدَى ثَلَاثٍ: إِمَّا أَنْ تُعَجَّلَ لَهُ دَعْوَتُهُ، وَإِمَّا أَنْ يَدَّخِرَهَا لَهُ فِي الْآخِرَةِ، وَإِمَّا أَنْ يَصْرِفَ عَنْهُ مِنَ السُّوءِ مِثْلَهَا»

    “There is no Muslim who supplicates a supplication without sin, or cuts off family ties, except that Allah gave him one of three things: Either his supplication is quickly responded to, or it’s saved for him for the afterlife, or to keep him away from the evilness of something similar.” They said: If we increased (from it). He said, “Allah gives even more.”

    This means that Allah صلى الله عليه وسلم responds to the supplicating person in any of the three ways, inclusive “his supplication is quickly responded to”, and it is a tangible result.

    6. Upon that, tangible results become a possibility for the supplication (duaa) in other than the case that was mentioned in the book Concepts, as the Hadith mentioned that one of the three is “his supplication is quickly responded to” and this is a tangible result… Allah سبحانه وتعالى has conferred a great favour on His سبحانه وتعالى servants in His verses that He سبحانه وتعالى answers the supplication of the distressed one if he supplicates to Him سبحانه وتعالى. He سبحانه وتعالى made this response as an evidence to La Ilah Illa Allah, and it is obvious from all this that responding to the distressed one is here in the Dunya, as the word distressed is a clear description of needing something in the Dunya, so the response is tangible in Allah’s سبحانه وتعالى Will. Allah سبحانه وتعالى says:

    أَمَّنْ يُجِيبُ الْمُضْطَرَّ إِذَا دَعَاهُ وَيَكْشِفُ السُّوءَ وَيَجْعَلُكُمْ خُلَفَاءَ الْأَرْضِ أَإِلَهٌ مَعَ اللَّهِ قَلِيلًا مَا تَذَكَّرُونَ

    “Is not He (better than your gods) Who responds to the distressed one, when he calls Him, and Who removes the evil, and makes you inheritors of the earth, generations after generations. Is there any ilah (god) with Allah? Little is that you remember!” (al-Naml: 62)

    We were ordered by Allah سبحانه وتعالى to supplicate and He سبحانه وتعالى promised us to respond

    وَقَالَ رَبُّكُمُ ادْعُونِي أَسْتَجِبْ لَكُمْ

    “And your Lord said: “Invoke Me, [i.e. believe in My Oneness (Islamic Monotheism)] (and ask Me for anything) I will respond to your (invocation).”

    (Ghafir: 60)

    The Prophet صلى الله عليه وسلم also explained this response by saying that it is “one of three things” and that among them is the tangible result. Naturally, the achievement of the results, whether tangible or non-tangible, is all subjected to the Will of Allah سبحانه وتعالى.

    In conclusion:

    *What was mentioned in the concepts are:

    A. The Tareeqah is actions achieving tangible results.

    B. Connecting between supplication (duaa) alone and Jihad in the topic of opening a fortress or fighting the enemy… supplication (duaa) does not lead here to a tangible result, but only the reward, as alone it is not the Tareeqah to opening a fortress or fighting the enemy…

    C. It is not correct for all actions which are meant to implement an Islamic thought to be actions leading to non-tangible results, but it can be a combination of actions achieving tangible results with actions that achieve non-tangible results such as preparing the army for combat along with supplicating to Allah سبحانه وتعالى for victory.

    D. Supplicating (duaa) is a mandatory thing for the Muslim to do while doing the actions of the Tareeqah… as what the Prophet صلى الله عليه وسلم and his companions (rA) used to do.

    * This is what came in the book Concepts about the case of supplicating (duaa) which do not exceed the reward, which means that in the case of using supplication (duaa) alone for the case of opening a fortress…, and not considering the Tareeqah which the Shar’ia texts showed about this case and that is here Jihad.

    As for the other cases of supplication (duaa), they fall under a general Hadith for the Prophet صلى الله عليه وسلم:

    «مَا مِنْ مُسْلِمٍ يَدْعُو بِدَعْوَةٍ لَيْسَ فِيهَا إِثْمٌ، وَلَا قَطِيعَةُ رَحِمٍ، إِلَّا أَعْطَاهُ اللَّهُ بِهَا إِحْدَى ثَلَاثٍ: إِمَّا أَنْ تُعَجَّلَ لَهُ دَعْوَتُهُ، وَإِمَّا أَنْ يَدَّخِرَهَا لَهُ فِي الْآخِرَةِ، وَإِمَّا أَنْ يَصْرِفَ عَنْهُ مِنَ السُّوءِ مِثْلَهَا»

    “There is no Muslim who supplicates a supplication without sin, or cuts off family ties, except that Allah gave him of three things: Either his supplication is quickly responded to, or it’s saved for him for the afterlife, or to keep him away from the evilness of something similar.” They said: If we increased (from it). He said: “Allah gives even more.” (Narrated by Ahmad).

    From this it shows that Allah سبحانه وتعالى might respond to the need of a supplicating person in the Dunya, which is tangible, or He سبحانه وتعالى might keep him away from the evilness of something similar in the Dunya, which is tangible, or He سبحانه وتعالى might save it for him until Judgment Day and it is the reward which is a non-tangible result.

    Allah سبحانه وتعالى is of The Great Graciousness, as He سبحانه وتعالى is The Compassionate and The Most Merciful Who graces His سبحانه وتعالى servant with the rewards of Duaa even if He سبحانه وتعالى responds to his Duaa in the Dunya, so all thanks and praises are due to Allah سبحانه وتعالى, The Lord of the Worlds.

    Your brother,
    Ata bin Khalil Abu Al Rashtah

    1st of Muharram 1436 AH
    25/10/2014 CE

  • The Akhlaaq are Ahkaam Shar’iyah and not just Moral Attributes and Characteristic alone

    A translation from the archives:

    Allah (swt) said:

    إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالْإِحْسَانِ وَإِيتَاءِ ذِي الْقُرْبَى وَيَنْهَى عَنِ الْفَحْشَاءِ وَالْمُنْكَرِ وَالْبَغْيِ يَعِظُكُمْ لَعَلَّكُمْ تَذَكَّرُونَ

    Verily, Allah enjoins Al-Adl and Al-Ihsaan (perfection in good conduct) and giving (help) to relatives and He forbids Al-Fahshaa’ (open evil deeds like Zinaa) and Al-Munkar (evil that Islaam has forbidden), and Al-Baghy (i.e. All kinds of oppression), He admonishes you do that you may take heed (An-Nahl 90).

    And it has been verified as Saheeh that the Messenger of Allah (saw) said:

    ‘Verily Allah loves the high Akhlaaq and hates the low/inferior(characteristics)’.

    And he (saw) said:

    ‘Verily I have been sent to (only) perfect the noble (virtues of) Akhlaaq’.

    These texts guide to the Akhlaaq being from the Ahkaam (legal rulings) of Islaam. The Aayah guides to specific Ahkaam of Akhlaaq (morals) and these are that Allah has commanded justice, perfection, Sillat ur Rahm (maintain ties), and forbidding the Muharramaat, Munkaraat and aggressions against the people. The Ahaadeeth have guided to the Akhlaaq in a general manner. The Khulq (or Khuluq) represents an attribute or characteristic that becomes part of the person until it becomes like his nature (natural characteristic) and he habituates it.

    Allah (swt) says:

    إِنْ هَذَا إِلَّا خُلُقُ الْأَوَّلِينَ

    Indeed this is none other than the customs of those who came a long time ago (Ash-Shu’araa 137).

    This means that it was the nature, characteristic of those people and their norms. If this characteristic/attribute (Siffah) was good then it would be a good moral (Khuluq Hasanah) and if it was bad then be a bad moral (Khuluq Sayyi’ah. Khuluq has also been used with the meaning of the Deen when Allah (swt) addressed the Messenger of Allah (saw) and said:

    وَإِنَّكَ لَعَلى خُلُقٍ عَظِيمٍ

    And verily you are upon a great Khuluq (Al-Qalam 4).

    The meaning of this is that you are upon a great Deen. This is because the context of the Aayah specifies that it is referring to the Deen as the Aayaat state:

    ن وَالْقَلَمِ وَمَا يَسْطُرُونَ (1) مَا أَنْتَ بِنِعْمَةِ رَبِّكَ بِمَجْنُونٍ (2) وَإِنَّ لَكَ لَأَجْرًا غَيْرَ مَمْنُونٍ (3) وَإِنَّكَ لَعَلى خُلُقٍ عَظِيمٍ (4) فَسَتُبْصِرُ وَيُبْصِرُونَ (5) بِأَيِّيكُمُ الْمَفْتُونُ (6) إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِمَنْ ضَلَّ عَنْ سَبِيلِهِ وَهُوَ أَعْلَمُ بِالْمُهْتَدِينَ

    Nun. By the pen and what they inscribe. You are not, [O Muhammad], by the favour of your Lord, a madman. And verily, for you (O Muhammad SAW) will be an endless reward. And verily you are upon a great Khuluq. So you will see and they will see, which of you (truly) is afflicted with madness. Indeed, your Lord is most the most knowledgeable of who has gone astray from His way, and He is most knowing of the [rightly] guided (Al-Qalaam 1-7).

    The subject here is that they said that he (saw) was mad in respect to the message that he had brought and therefore the subject is the Deen that he had come with and not his own characteristics. This is because they knew before his being sent forth that he was the best of them in character. For this reason the meaning of Khuluq in this Aayah is the meaning of the Deen and it was mentioned in the Tafseer of Al-Jalaalaini: ‘And verily you are upon a great Khuluq (Deen)’.

    In regards to the Akhlaaq as mentioned in the Ahaadeeth have come encouraging the good (Hasan) from them in a general manner and forbidden the bad (Sayyi) from them in a general manner. However when the Nusoos (texts) of the Kitaab and the Sunnah came with the Ahkaam Ash-Shar’iyah that are considered to be from the Akhlaaq like justice, perfection (in conduct), truthfulness, chastity and faithfulness amongst others, they did not come with them as being Akhlaaq alone and they did not describe them as being Akhlaaq alone in an explicit manner or by way of implication or indication and even if they represent good qualities/characteristics i.e. Akhlaaq. Rather they only came as Ahkaam Shar’iyah and then considered to be from the Akhlaaq.

    When we look at them in respect to learning and acting we must regard them as being Ahkaam Shar’iyah where the one who is characterised by them is someone who possesses good Khuluq (characteristics) if they are from that which Allah (swt) has commanded, whilst he would posses bad Khuluq if they are from that which Allah (swt) has forbidden. It is not permissible to look at them as just being moral characteristics and attributes alone because the Muslim has been addressed with the Ahkmaa Ash-Shar’iyah and even if these are Ahkaam are related to the Akhlaaq. He has not only been addressed with characteristics in their description as Akhlaaq alone. And because there being good or bad is tied to the Shar’a, i.e. to a Shar’iy Nass (text) that it came with, and not tied to the description in and by itself.

    Allah (swt) has commanded truthfulness and forbidden lying in its description as being a Hukm Shar’iy that must be adhered to and not due to it being a good characteristic or attribute that one must be characterised with i.e. not in its consideration as being a Khuluq alone. He has been commanded with Rahmah (to display mercy) in its consideration as a Hukm Shar’iy and not in its consideration as being a good characteristic alone i.e. not in its consideration as being a Khuluq alone. The evidence for this is that it (the Shar’a) has permitted lying in war as a Hukm Shar’iy and it is due to the evidence that it has commanded severity with the Kuffaar:

    أَشِدَّاءُ عَلَى الْكُفَّارِ

    Severe upon the Kuffaar (Al-Fat’h 29).

    And it has forbidden mercy in respect to the punishment of Zinaa:

    وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ

    And do not show them mercy in respect to the Deen of Allah (i.e. the punishments He has set) (An-Noor 2).

    Had the command to be truthful, the forbiddance of lying and the command to be merciful represented a command to have characteristics alone, i.e. a command to possess Akhlaaq alone, then it would not be permitted to lie under any circumstance or to permit severity and approve of that under any circumstances because the characteristic had not changed. However when it is a Hukm Shar’iy for a specific action then it relates to the action in accordance to the Shar’iy text. For this reason lying in some circumstances is Haraam whilst in others it is permissible (Mubaah), and in some circumstances mercy has been commanded whilst in others it has been forbidden. For this reason it is not allowed to make the Ahkaam Ash-Shar’iyah as Akhlaaq alone and to believe in them as Akhlaaq alone. Rather it is obligatory for them to remain as Ahkaam Shar’iyah as they have come and to believ in them as Ahkaam Shar’iyah in their consideration as Akhlaaq and not as Akhlaaq alone. If they had been commanded as Akhlaaq alone and not as Ahkaam Shar’iyah then it would not be a command by way of the Shar’a but rather just a command to be characterised by Akhlaaq alone. There is no difference in regards to this between the Ahkaam Ash-Shar’iyah related to the personal conduct like chastity or related to the behaviour with others like faithfulness as all of them must be commanded with as Ahkaam Shar’iyah and it is not valid to command them as Akhlaaq alone i.e. as good characteristics alone. Similarly they are forbidden as Ahkaam Shar’iyah and not as bad Akhlaaq alone.

    Even if a Muslim was a truthful whilst considering truthfulness as a good characteristic alone and not as a Hukm Shar’iy then he will not be rewarded for his truthfulness. This is because he did not act by the Hukm (ruling) of Allah (swt) but rather he only acted in accordance to what he viewed to be a good characteristic or attribute. This is different to the case in which he was truthful because Allah (swt) had commanded truthfulness whilst considering it as being a Hukm Shar’iy as he would then be rewarded for adhering to the Hukn Ash-Shar’iy.

    Muslims should therefore take all warning in respect to undertaking their actions upon the consideration that they are only Akhlaaq or to undertake Da’wah calling to the noble moral characteristics whilst considering them as being Akhlaaq alone. If they were to do this then they would not have in accordance to the Hukm Ash-Shar’iy or called to the Ahkaam of Allah. On top of that this would make their action and that of the disbelievers one and the same and it would make their Da’wah and the Da’wah of the Kuffaar one and the same. This is because the Kuffaar glorify the good Khuluq because it is a good characteristic, they call to it because it is a good characteristic and they undertake it to have a god reputation or for the benefit that it entails whilst they do not undertake it because Allah had commanded it.

    As for the Muslim then it is not Halaal for him to do this but rather he must be characterised with the noble and virtuous characteristics because Allah had commanded them in their consideration as Ahkmaa Shar’iyah and with no other consideration. It is not permitted for the case to be other than this because the Akhlaaq in Islaam are Ahkaam Shar’iyah and not Akhlaaqi (moral) characteristics alone.

    Beirut 26th Ramadhaan 1380
    1960

  • Zakat on Trade Deals

    Question

    Assalamu alaikum our sheikh, may Allah cherish you with Islam and cherish Islam with you. I pray to Allah that I will be among those who will give you the Bayah for the Khilafah on the method of the Prophethood, for He is the One Able of everything.

    I have a question about Zakat, Zakat on trade deals or money; is it acceptable to give Zakat on them or part of them before a full year (al-Hawl) passes on them, and is the completion of (al-Hawl) a condition to pay Zakat on them?

    May Allah help you with what is good for Islam and Muslims in this world and the Hereafter, Wa Assalam Alaikum wa Rahmatullahi wa Barakatuh.

    Answer

    Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,

    The completion of al-Hawl is a condition for the reason of paying Zakat, which is “the quorum” (Nisab). If the condition is met, that is al-Hawl has passed based on the reason of “quorum” without decreasing it, then Zakat becomes obligatory. However, if it is given out before it is due then this giving is permissible, according to the Shariah evidence, which include the following:

    – Al-Bayhaqi extracted in Al-Sunan Al-Kubra from Ali:

    «أَنَّ الْعَبَّاسَ رَضِيَ اللهُ عَنْهُ سَأَلَ رَسُولَ اللهِ فِي تَعْجِيلِ صَدَقَتِهِ قَبْلَ أَنْ تَحِلَّ فَأَذِنَ لَهُ فِي ذَلِكَ»

    “That Al Abbas, may Allah be pleased with him, asked the Messenger of Allah (saw) if he can hasten in paying his Sadaqa before its Hawl has completed, the Messenger of Allah (saw) granted him permission”.

    – Al-Darqitni extracted in his Sunan from Hujr Al-Adawi from Ali that he said: The Messenger of Allah (saw) said to Omar:

    «إِنَّا قَدْ أَخَذْنَا مِنَ الْعَبَّاسِ زَكَاةَ الْعَامِ عَامِ الْأَوَّلِ»

    “We took the Zakat of the year from Al-Abbas in the first year”.

    – Also Al-Darqitni extracted from Musa bin Talha from Talha that the Prophet (saw) said:

    «يَا عُمَرُ أَمَا عَلِمْتَ أَنَّ عَمَّ الرَّجُلِ صِنْوُ أَبِيهِ؟ إِنَّا كُنَّا احْتَجْنَا إِلَى مَالٍ فَتَعَجَّلْنَا مِنَ الْعَبَّاسِ صَدَقَةَ مَالِهِ لِسَنَتَيْنِ»

    “O Omar did you not know that the Uncle of the Man is the twin of his father? We needed money so we took Sadaqa from the money of Abbas for two years earlier”.

    There was a disagreement in the Isnad of Al-Hakam and the correct is from Al-Hasan ibn Muslim which is Mursal (transmitted).

    Accordingly, it is permissible to hasten the giving of Zakat before it becomes due.

    For your information, most scholars say so.

    Your brother,
    Ata Bin Khalil Abu Al-Rashtah

    11 Shawwal 1435
    2014/08/07

  • The Unity of the Islamic Ummah

    The Unity of the Islamic Ummah:

    One of the falsehoods that the people of Baatil have propagated and promoted is the thought that the unity or unification of the Islamic Ummah is an impossibility. This is by aiming to create despair amongst the people in regards to achieving this truth. When the people despair in regards to the accomplishment of a matter, they will then never work for it and will accept other and less than it. 

    As such our rulers persisted upon the paths deception and murder, they instigated disputes and hostility amongst the Muslims whilst feeding the thoughts of partition and division in the name of independence and self-determination. As a result the Ummah was torn apart into Arab, Turkish and Persian pieces amongst others… The loyalties and allegiances became many with many differing cultures and origins including Pharaonic and Phoenician amongst others. They pushed the misconceptions by way of lies and ignorance which they called thought and scrutiny. So the Shayaateen persisted to instigate and feed thoughts that the Muslims have many languages, ethnic and national origins and that they have different problems and issues. They then used arguments such as resolving the dispute, human rights, the right of self-determination and democracy amongst others to reinforce the thoughts of separation and division and to remove the thought of unity. 

    What must be fully comprehended by every Muslim and what he must work and act upon its basis, is that the Islamic Ummah is one single Ummah regardless of how many and differing the ethnic origins or languages are. This Haqeeqah (truth) is a matter that is a Shar’iy obligation and if that truth is not realised today, with obstacles lying in its path, then it is Waajib (obligatory) to work to realise that and remove every obstacle that lies in its path. If some of the Muslims or many from amongst them have been deceived and taken on board thoughts that lead to mutual animosity, hatred and division then it is obligatory to carry the Da’wah to Allah, order the Ma’rouf and forbid the Munkar in order to remove these misconceptions and deceptions and to implant the correct Islamic thoughts within the people.

    Allah (swt) said:

    وَاعْتَصِمُوا بِحَبْلِ اللَّهِ جَمِيعًا وَلَا تَفَرَّقُوا

    And hold fast to the rope of Allah and do not divide (amongst yourselves) (Aali ‘Imraan 103).

    إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ

    Indeed the believers are but brothers (Al-Hujuraat 10)

    إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ

    Indeed the most Noble of you to Allah is the one who has the most Taqwaa from amongst you (Al-Hujuraat 13).

    وَإِنَّ هَذِهِ أُمَّتُكُمْ أُمَّةً وَاحِدَةً وَأَنَا رَبُّكُمْ فَاتَّقُونِ

    And verily this Ummah of yours is one Ummah and I am your Lord so have Taqwaa of me (Al-Mu’minoon 52).

    So where the Deen is one and the Millah is one whilst the Deen is an Aqeedah and a Sharee’ah that deals with all of the affairs of the individual and the society, this would inevitably and automatically make the Muslims into one single Ummah. 

    Ahmad related in his Musnad that the Nabi (saw) said:

    الْمُسْلِمِينَ مِنْ قُرَيْشٍ وَيَثْرِبَ وَمَنْ تَبِعَهُمْ فَلَحِقَ بِهِمْ وَجَاهَدَ مَعَهُمْ أَنَّهُمْ أُمَّةٌ وَاحِدَةٌ دُونَ النَّاسِ

    The Muslims from Quraish and from Yathrib and those who follow them and join with them and perform Jihaad with them are one Ummah to the exclusion of mankind.

    And he (saw) said:

    مَثَلُ الْمُؤْمِنِينَ فِي تَوَادِّهِمْ وَتَرَاحُمِهِمْ ، كَمَثَلِ الْجَسَدِ الْوَاحِدِ ، إِذَا اشْتَكَى مِنْهُ عُضْوٌ تَدَاعَى لَهُ سَائِرُ الْجَسَدِ بِالْحُمَّى وَالسَّهَرِ

    The example of the believers in respect to the affection and mercy towards one another is like the example of one single body. If one part complains the rest of the body responds to it with fever and sleeplessness (Mutaffaq ‘Alaihi).

    He (saw):

    الْمُؤْمِنُونَ كَرَجُلٍ وَاحِدٍ ، إِنِ اشْتَكَى عَيْنُهُ اشْتَكَى كُلُّهُ ، وَإِنِ اشْتَكَى رَأْسُهُ اشْتَكَى كُلُّهُ

    The Muslims are like a single man. If his eye complains the whole of him complains and if his head complains the whole of him complains (Muslim).

    And he (saw) said:

    أيُّها الناسُ ، ألا إنَّ ربَّكم واحدٌ ، ألا وإنَّ أباكم واحدٌ ، ألا لا فضلَ لعربيٍّ على عجميٍّ ، ولا لعجميٍّ على عربيٍّ ، ولا أسودَ على أحمرَ ، ولا أحمرَ على أسودَ ، إلا بالتقوى ألا هل بلَّغتُ ؟ قالوا : بلَّغ رسولُ اللهِ صلَّى اللهُ عليه وسلَّم ، قال : لِيبلِّغِ الشاهدُ الغائبَ

    O people, verily your Lord is one, verily your father is one (and the same), the Arab has no superiority over a non-Arab nor does the non-Arab have superiority over an Arab, and the black has no superiority over the red nor does the red over the black, except by Taqwaa. Have I conveyed? They said: The Messenger of Allah (saw) has conveyed. He (saw) then said: Then let the one who is present convey it to the one who was absent (Al-Qurtubi in his Tafseer and said it was recorded by At-Tabari).

    And the Messenger (saw) also said:

    الْمُسْلِمُ أَخُو الْمُسْلِمِ ، لَا يَظْلِمُهُ ، وَلَا يَخْذُلُهُ ، وَلَا يَحْقِرُهُ . التَّقْوَى هَهُنَا ، وَيُشِيرُ إلَى صَدْرِهِ ثَلَاثَ مَرَّاتٍ . بِحَسْبِ امْرِئٍ مِنْ الشَّرِّ أَنْ يَحْقِرَ أَخَاهُ الْمُسْلِمَ ، كُلُّ الْمُسْلِمِ عَلَى الْمُسْلِمِ حَرَامٌ : دَمُهُ ، وَمَالُهُ ، وَعِرْضُهُ

    The Muslim is the brother of the Muslim, he does not transgress against him, he does not let him down, and he does not degrade him. Taqwaa is right here. (And he pointed towards his chest three times). It is enough (of a sin) for the Muslim to degrade his Muslim brother. Every Muslim in respect to his brother Muslim is Haraam, his blood, his wealth and his honour (Muslim, Ibn Maajah).

    And in respect to the tribal, patriotic and nationalistic allegiances and partisanships he (saw) said:

    دَعُوهَا فَإِنَّها مُنْتِنَة

    Leave it for verily it is rotten (putrid) (Muslim).

    Despite these clear texts the people of falsehood and misguidance however want to destroy our Ummah and so they come to advise us in the same way as Iblees came to Aadam (as) with advice. 

    Allah (swt) informs us about them when He said:

    إِنْ تَمْسَسْكُمْ حَسَنَةٌ تَسُؤْهُمْ وَإِنْ تُصِبْكُمْ سَيِّئَةٌ يَفْرَحُوا بِهَا

    If good touches you, it distresses them; but if harm strikes you, they rejoice at it (Aali ‘Imraan 120).

    And in His speech (swt):

    قَدْ بَدَتِ الْبَغْضَاءُ مِنْ أَفْوَاهِهِمْ وَمَا تُخْفِي صُدُورُهُمْ أَكْبَرُ قَدْ بَيَّنَّا لَكُمُ الْآَيَاتِ إِنْ كُنْتُمْ تَعْقِلُونَ

    Hatred has already appeared from their mouths, and what their breasts conceal is greater. We have certainly made clear to you the signs, if you will use reason (Aali ‘Imraan 118).

    And we feel and suffer what has happened to our situation in the shade of their hegemony and dominance and the tyranny of the agents that has been practised over us. We are massacred and displaced as individuals and collectives whilst the Muslim does not find the capability or means to extend help to his brother who is only a few kilometres from him or less. Whosoever wishes from amongst the depraved and base can subjugate us whether this is in Palestine, Lebanon, Syria, Iraq, Bosnia, Kosovo, Chechnya, Indonesia or Uzbekistan amongst other places. Our regimes and news media broadcast to us the news of our slaughters and it is witnessed as if there is no relationship existing between the Muslims.

    This is whilst Allah (swt) has said:

    وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ

    And the male believers and female believers are all ‘Awliyaa (protectors, supporters) to one another (At-Taubah 71).

    And He (swt) said:

    وَإِنِ اسْتَنْصَرُوكُمْ فِي الدِّينِ فَعَلَيْكُمُ النَّصْرُ

    And if they seek your help in respect to the Deen then you must come to their aid (Al-Anfaal 72).

    The Muslims in every part of the world must realise, fully comprehend and have belief in the Haqeeqah (truth) which is that the Muslims are one single Ummah to the exclusion of all others. They must grab hold firmly upon this definite Shar’iyah Haqeeqah and to build upon its basis whilst casting aside every other basis whatever this may be and whatever the costs or consequences are.

    The Muslims are one single Ummah. This is a definite and decisive truth and will remain so as long as the Muslims remain as Muslims. It is an inevitable matter and not merely a possible one as our unity as Muslims is a natural, obvious, practical and essential matter that could be accomplished quickly. This is on the condition that it proceeds upon the right path towards accomplishing that and that it does not proceed behind the deceptions of the disbelieving colonialist States, the deceptions of our rulers, their apparatuses, manufactured movements and mouth pieces, and even if they trick and deceive us by calls towards unity.

    As for the language, ethnicity, colour, origin, current problems and issues, then all of these to not specify, define or provide any thought, concept or position. They do not provide a thought about the existence of the creator, the Prophethood of Muhammad (saw), the Day of Judgement, Jannah or the fire. None of them provide a legal ruling or judgement in respect to Hajj, Sawm, truthfulness or trustworthiness, or for Khamr or Khinzeer, or do they provide a position in respect to the Yahood or any other people nor do they provide any legislation.

    The problems and issues to not specify any position, stance or legislation themselves because they are not sources of legislation, solutions or treatments. Rather they are what are in need of the treatments and solutions. The source of solutions is the fundamental thought (Aqeedah), the legislative methodology and its texts i.e. the texts of the Qur’aan and the Sunnah alone.

    The Unity that exists amongst people is established upon a unity or unification of thoughts, systems and laws which the people believe in and upon the unity of the feelings that are latent within their emotions or apparent.

    The Islamic Ummah, in spite of all that has come to pass with her, the factors and motives in respect to her unity remain stronger and more powerful than those related to disunity and division. The motivation for the unity is represented in the Islamic Aqeedah which explains the universe, man and life and makes clear the relationship of these matters with what came before them and what comes after them, and it provides a system for regulating life, all of which is completely and perfectly present and fulfilled within Islaam.

    The Muslims believe in Islaam, the Nabi (saw) and his Message, the history of Islaam is a history for all of them, the Seerah of their Nabi (saw) is their model and example which they revise and are dedicated to, and the great men of Islaam like Abu Bakr, Umar, ‘Uthmaan and ‘Ali amongst many others (rah) are their great men whom they look up to. The Muslims practise the main rites of Islaam together and the Ahkaam Ash-Shar’iyah that unify them and join them together are too numerous to be listed. They all wait for Ramadhaan to come together and then they fast together, and their hearts all incline towards the Masjid Al-Haraam. They head towards it at a single time in the same days and even the same hour whilst coming in contact with people from all corners of the world, who are undertaking the very same rituals and acts, repeating the same words, making Tawaaf, Du’aa, sacrifices and then heading together on the journey to the Masjid of the Messenger of Allah (saw) to pray there and to make Tasleem upon the Messenger in Al-Madinah Al-Munawwarah, the land of the first Islamic State. They recall the beginning of his Da’wah, his determination, perseverance, patience and victory. They then return to their lands and those close to them and discuss their experiences and receive congratulations from them. In every part of the world the condition of the Muslims is as one when they raise the Adhaan, calling with ‘Allahu Akbar’ ‘Allahu Akbar’ according to the same manner and method. The Ummah as a whole yearns and longs for the unity of the Ummah, for the return of the honour and might of Islaam and the Muslims, and for the liberation of Masjid Al-Aqsaa, Palestine and the remainder of the Muslim lands. The above just touches the surface and this is the situation of the Muslims in every part of the world whilst those who have gone away from this and have been enchanted by Shaytaan, then they merely represent a handful of those who have turned away from the Deen, and so this abnormality of theirs away from the Ummah will only lead them to the fire.

    Yes, indeed Islaam is an intellectual Aqeedah, thoughts and Ahkaam which produces a truly united Ummah and melts any people or nation to be part of the Ummah and from its type and kind.

    So no one should be deceived by the lies and deceptions of the people of disbelief and falsehood or their false claims. Nor should they be deceived by the media of fabrication or fabricated history which seeks to raise high the status of the low and debased peoples whilst lowereing the status of the best people and the most noble.

    The reason for this fragmentation and these defeats is the existence of these systems, their apparatuses, institutions and the falsehoods they spread. The unity of the Ummah will take place upon the ruins of these despotic and tyrannical systems and regimes. The Muslims possess within them the potent great power to accomplish that. It is however concealed in our current day due to the oppression, lethalness and deception that is practiced against the Ummah. 

    Take for example the feelings of the Muslims in every part of the world towards what is happening to the Muslims in Afghanistan, Chechnya, Kosovo and Palestine amongst other lands. I am talking about their ‘feelings’ and not their ‘actions’ and this is because they possess their feelings, sensations and their Imaan, however, they are lacking in respect to their strength and firm will power. This has been robbed from them and is held in the hands of the regimes of disbelief and the Shayaateen from man. For this reason we see Muslims in every part of the world yearning and possessing the burning desire to support and come to the aid of their brothers in every place where they are being subjected to oppression and harm. We have seen in every part of the Muslim world how the Muslims have been incited and stirred, wanting to come to the aid of their brothers in Al-Quds (Palestine) during the Intifada (uprising) of Masjid Al-Aqsaa but they have been like roaring Lions held inside of the cages of those traitorous agent rulers. They are the enemies of the Ummah who participate in the slaughter of the Muslims, their humiliation and the loss of their lands and sanctities. We saw how they participated with the Americans, the English and the leaders of disbelief against Iraq in respect to the war and the embargo whilst they ignore the massacring of Muslims in many other places at the same time.

    The examples of this are so many and all of them reaffirm the necessity and inevitability of the unity of the Islamic Ummah. Nothing is in the Ummah’s way towards achieving this apart from these deceitful sick diseased regimes who would turn into frenzied dogs if the Ummah was to realize and fully comprehend the true realities (Haqaa’iq) of Islaam and regained the will to sacrifice upon their path.

  • Nisab (Amount) of Zakat

    Question:

    In the book Funds in the Khilafah State on page 144 (the English version), it mentions the following:

    “However if the Nisab of gold and silver is complete from the beginning of the year and it increases during the year then if the increase emanated from trade it is added to the original amount (Asl). This is because the year of the increase is considered the same as the year of the original amount, for the increase is of the growth of the original money, and is of its own type, so it has the same rule.

    However, if the increase was of the Nisab’s type but it did not come through the means of growth such as if it came from inheritance or donation, then a full year must pass upon this increase. It is not added to the original amount nor does it take the rule of its year.” (End).

    The first paragraph is clear… As for the second paragraph, does it mean that if my money reaches the Nisab (amount of zakat due) in Muharram of this year, but if four months later in Jumada al-Awwal I receive one thousand dinars from inheritance, does is it mean that my money has two Hawl (time period), i.e. I pay zakat on the original Nisab next Muharram, but I pay zakat on the inheritance next Jumada al-Awwal? That is, there will be two dates to pay Zakat every year? Or is it permissible for me to pay zakat on the inheritance with the original Nisab, i.e. I pay all my zakat in Muharram next year?

    Answer:

    The money which is not used from your original Nisab that you posses, its zakat must be paid after it reaches its Hawl (a year passes while wealth is in your possession) and not at the Hawl of the original Nisab; for example: if you have the Nisab (85 grams of gold or 200 dirhams of silver) in Muharram this year, the Zakat on this Nisab must be paid after a year passes on it (Hawl) if it is not used, (becomes less than the Nisab).

    If you gain one thousand dinars through trade of the above mentioned Nisab in Jumada al-Awwal, then it is added to what you have and you pay zakat on all of the money in Muharram of next year. As for what came from inheritance i.e. not because of the Nisab that you have, then zakat must be paid on it after a year passes on it (Hawl), and not at the Hawl of the Nisab. This is as mentioned in your question, i.e. you must pay the Nisab in Muharram next year if it is not used (the Nisab decreases). And you must pay Zakat on the inheritance in in Jumada al-Awwal of next year, which means that the Nisab has a separate Hawl from the inheritance, which has its own Hawl; this is in terms of the obligation (wujub).

    However it is permissible for you to pay the zakat on the inheritance with the original Nisab in its Hawl, i.e. in Muharram, and not to wait until the Hawl of the inheritance comes in in Jumada al-Awwal, in other words you pay zakat on your money only once after the Hawl is passed on the Nisab that you own, i.e. in Muharram. This is because it is permissible to hasten in paying the zakat, i.e. to pay it before its Hawl is reached. It is permissible for you to pay zakat on the inheritance before its Hawl is completed, and pay its zakat with the original Nisab. This is because the Shar’ allowed hastening of the payment of zakat after the Nisab is reached, and before a year passes on it (Hawl is completed), But the obligation (wajib) is to pay it `after the Hawl is completed.

    The following are the evidences for hastening the zakat payment before the Hawl is completed on the Nisab:

    Al Bahaqi extracted in his Al-Sunan Al Kubra from Ali: “أَنَّ الْعَبَّاسَ رَضِيَ اللهُ عَنْهُ سَأَلَ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي تَعْجِيلِ صَدَقَتِهِ قَبْلَ أَنْ تَحِلَّ فَأَذِنَ لَهُ فِي ذَلِكَ”. “Al Abbas (ra) asked the Messenger of Allah (saw) if he can hasten in paying his Sadaqa before its Hawl is completed, the Messenger (saw) gave him the permission to so.”

    Al-Darqitni extracted in his Sunan from Hujr Al Adawi from Ali that he said: The Messenger (saw) said to Umar: «إِنَّا قَدْ أَخَذْنَا مِنَ الْعَبَّاسِ زَكَاةَ الْعَامِ عَامِ الْأَوَّلِ»”We took zakat of the year from Al Abbas in the first year.”

    Al-Darqitni extracted from Musa Bin Talha from Talha that the Prophet (saw) said:«يَا عُمَرُ أَمَا عَلِمْتَ أَنَّ عَمَّ الرَّجُلِ صِنْوُ أَبِيهِ؟ إِنَّا كُنَّا احْتَجْنَا إِلَى مَالٍ فَتَعَجَّلْنَا مِنَ الْعَبَّاسِ صَدَقَةَ مَالِهِ لِسَنَتَيْنِ». اخْتَلَفُوا عَنِ الْحَكَمِ فِي إِسْنَادِهِ وَالصَّحِيحُ عَنِ الْحَسَنِ بْنِ مُسْلِمٍ مُرْسَلٌ. “O Umar did you not know that the Uncle of the Man is the Twin of his father? We needed money so we took sadaqa from the money of Al Abba for two years, earlier.”

    There was a disagreement in the Isnad of Al Hakam and the correct is from Al Hassan Bin Muslim, it is Mursal (transmitted).

    In conclusion, the inheritance you received months after your possession of the Nisab, it is obligatory (Wajib) to pay its Zakat after its Hawl, and not after the completion of the Hawl of the Nisab, but its Zakat is permissible to paid with the completion of the Hawl of the Nisab, i.e. before the completion of the Hawl of the inheritance that you received. This is because it is permissible to hasten the payment of zakat according to the related evidences.

    01 Sha’aban 1435
    2014/05/30

  • Zakat on Gold Jewelry

    Question:

    Assalamu Alaikum our honourable Ameer

    Is there Zakat on gold jewellery that is for the purpose of savings? Jazak Allahu Khair and the victory of Allah for this dawah at your hands…

    Answer:

    Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

    1. Jewellery is what a woman wears to beautify and adorn herself with from gold and silver on her wrists, neck, ears, or other parts of her bodies.

    There is no Zakat on jewellery, whether it is gold, silver, or other types of gems like pearls, ruby, emerald, or carnelian and other types of precious gemstones; whether the jewellery was a lot or little; whether it reached the nisab (amount required for zakat) or exceeded it. There is no zakat on any of it, this is because it is worn women use it for adornment and beautification.

    On the authority of Al-Laith Bin Sa’ad from Abi Az-Zubair from Jabbir that the Prophet (saw) said: «ليس في الحليّ زكاة» “No zakat on jewellery”. Ibn Qudama mentioned it in Al-Mughni.

    Abu Ubaid narrated from Amr Ibn Dinar that he said: “Jabbir Ibn Abdullah was asked if there was zakat on jewellery. He said, ‘No.’ They said, ‘Even if it is exceeded 10,000?’ He said, ‘Yes.’”

    On the authority of Abdullah Ibn Al-Qasim from his father that “A’isha (ra) the wife of the Prophet (saw) used to beautify her nieces who were orphans living with her with jewellery, she (ra) did not pay zakat on their jewellery.” (Narrated by Malik in Al- Muwatta’)

    As for the hadeeth of Amr Ibn Shu’aib which had the following text: “A woman came to the Prophet (saw) accompanied by her daughter who was wearing two gold bracelets, He said: «هل تعطين زكاة هذا؟» “Do you pay zakat on this?” She replied, “No.” He (saw) said, «أيسرُّك أن يُسوِّرك الله بهما بسوارين من نار» “Will you be pleased if Allah (swt) makes you wear two bracelets of fire instead of them?” Abu Ubaid said regarding this hadeeth: “We only know that it was mentioned with one version, with a chain of transmission that both people in the past and now discuss.” At-Tirmithi said: “Nothing comes under this chapter.”

    Those who hold the opinion that zakat is not obliged on jewellery are: Ibn Umar, Jabbir, Anas, A’isha, Asma’, also al-Qasim, ash-Sha’bi, Qatada, Muhammad Bin Ali, Malik, ash-Shafi’i, Ahmad, Abu Ubaid, Ishaq, Abu Thawr.

    This is regarding the jewellery in which a woman uses as adornment, but if it was for trade, then zakat of trade is applicable.

    2. But if the jewellery is not for adornment or trade, but for the purpose of saving without the need, then this is considered hoarding, i.e. it is prohibited even if zakat is paid on it.

    The evidence for the prohibition of hoarding is the saying of Allah (swt):

    وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلَا يُنْفِقُونَهَا فِي سَبِيلِ اللَّهِ فَبَشِّرْهُمْ بِعَذَابٍ أَلِيمٍ * يَوْمَ يُحْمَى عَلَيْهَا فِي نَارِ جَهَنَّمَ فَتُكْوَى بِهَا جِبَاهُهُمْ وَجُنُوبُهُمْ وَظُهُورُهُمْ هَذَا مَا كَنَزْتُمْ لِأَنْفُسِكُمْ فَذُوقُوا مَا كُنْتُمْ تَكْنِزُونَ

    “…And those who hoard gold and silver and spend it not in the way of Allah – give them tidings of a painful punishment * The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks, and their backs, [it will be said], “This is what you hoarded for yourselves, so taste what you used to hoard.” [At-Tawba: 34-35]

    Ahmad narrated in a valid (sahih) chain of transmission from Abi Umamah that he said, “A man from the people of Suffah passed away, a dinar was found in his clothes, the Prophet (saw) said: «كَيَّةٌ» “One burn”, he then said: a second man passed away and two dinars were found in his clothes, the Prophet (saw) said: «كَيَّتَانِ» “Two burns”“.

    Tabarani had a similar chain of transmission to Abi Umamah Al-Bahili. This means the absolute prohibition of hoarding of gold and silver, even if it was two dinars or even one; as long as it is hoarding i.e. saving money for no purpose to spend it on.

    Furthermore, the Prophet (saw) said regarding the two men because they lived off sadaqa while possessing gold. He (saw) said:«كية» “One burn” «كيتان» and “Two burns” in reference to the saying of Allah (swt):

    ((يَوْمَ يُحْمَى عَلَيْهَا فِي نَارِ جَهَنَّمَ فَتُكْوَى بِهَا جِبَاهُهُمْ وَجُنُوبُهُمْ))

    “The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks..” [At-Tawba: 35]

    The verse is part of the verse on hoarding. This is an evidence absolutely prohibiting hoarding, whether it has reached nisab (percent) of zakat or not, and whether zakat is paid on it or not- all forms of hoarding is haram.

    Your brother,

    Ata Bin Khalil Abu Al-Rashtah

    27 Jumada II 1435
    2014/04/27