-
Q&A: The meaning (making my own Ijtihad) According to the Scholars and Mujtahideen
بسم الله الرحمن الرحيمQuestion:
The book The System of Islam states: [Thirdly: If there is an opinion which is intended to unify the Muslims for their own good, then it is allowed for the Mujtahid to leave the result of his Ijtihad, and to take the judgment that intends to unify the Muslims, as happened with ‘Uthman (R.A) when he was given the Bay’ah.] End
And the following is stated in the book The Islamic Personality Volume I: (Fourthly: If there is an opinion by which it is intended to unify the Muslims for their own good, then it is allowed for the Mujtahid to leave the result of his Ijtihad, as happened with ‘Uthman (ra) when he was given the Bay’ah as Khalifah. It has been reported about ‘Abdur-Rahman b. ‘Awf (ra) that, after he consulted the people individually and together, in secret and openly, he gathered the people in the mosque, ascended them to the minbar and made a long supplication. He then called ‘Ali (ra), held his hand and said: ‘do you pledge to me that you will rule according to the Book of Allah (SWT) and the Sunnah of His Messenger (saw) and the opinions held after him (SAW) by Abu Bakr And ‘Umar?’ Ali (ra) replied: ‘I pledge to you on the basis of the Book of Allah (swt) and the Sunnah of His Messenger, but I will exercise my own Ijtihad.’ So ‘Abdur-Rahman b. ‘Awf (ra) let go of his hand and then called for ‘Uthman (ra) and said to him:‘do you pledge to me that you will rule according to the Book of Allah (swt) and the Sunnah of His Messenger and the opinions held after him (saw) by Abu Bakr And ‘Umar?’ Uthman (ra) replied: ‘By Allah (swt) yes!’ ‘Abdur-Rahman (R.A) raised his head towards the ceiling of the Mosque, his hand in Uthman’s hand, and said three times: ‘O Allah (SWT), hear and bear witness!
And the question is that I found it in other narrations read as “but to the best I can and to the extent of my ability” and “to the extent of my knowledge and ability”, so is it the same meaning as: “that I will exercise my own Ijtihad”? Also, I read another narration that Ali bin Abi Talib agreed but said (as much as I can), so what is the validity of that?
Answer:
Yes, there is no difference between those phrases according to the scholars and Mujtahideen, and to clarify this I say:
– It is mentioned in Ibn Kathir’s The Beginning and the End: “So come to me Ali, so he came to me under the minbar and ‘Abdur-Rahman took his hand and said “Do you pledge that you will rule according to the Book of Allah (swt) and the Sunnah of His Messenger (saw) and the actions of the two Khaleefahs after him?’ Ali (ra) replied: ‘By Allah, No, rather according to my efforts and extent of my ability…” End
– It is mentioned in Tabari’s History: “And Ali was summoned, and he said ‘Do you promise to act according the Allah’s Kitab and the Sunnah of his Prophet and the precedent of the two Khalifas after him?’ He said: I want to do and act to the extent of my knowledge and power…” End
And perhaps when you read the likes of these narrations you supposed that “to exercise my own Ijtihad” is different from “to the best I can and to the extent of my ability”, and from “to the extent of my knowledge and ability”, but they have the same meaning. For Ali (ra) had differentiated between following the Kitab and Sunnah and following the actions of Abu Bakr and ‘Umar, as he agreed to follow the Kitab and Sunnah, but exempted the actions of Abu Bakr and Omar for his capability and actions, meaning his Ijtihad.
And this is what the scholars understood, and it is mentioned in the preface and summary of evidences for the Qadi Abi Bakr al-Baqlani’ al-Maliki who died in the year 403 AH the following:
“And they said ‘how can ‘Abdur-Rahman’s allegiance to Othman be valid when he pledged allegiance to him under the condition that he follow the rulings of Abu Bakr and ‘Umar’, and it has been narrated that he said to Ali we give you the Bayah and give allegiance to you provided that you rule according to Allah’s Kitab and the Sunnah of his Prophet and the Sunnah of the two Sheikhs after him and Ali said ‘One like me cannot be more prominent but I make Ijtihad according to my opinion’ and he offered that to ‘Uthman and he agreed to the condition and gave him allegiance…” End. So he had conveyed with the phrase “Ijtihad according to my opinion.”
And likewise, Sarkhasi who died in 483 AH has mentioned in his Usul this understanding, saying:
“Then ‘Umar made the issue consultative after he recommended six persons and they agreed to make ‘Abdur-Rahman responsible for the appointment after he withdrew himself, so he offered to Ali that he act according to the opinion of Abu Bakr and ‘Umar and he said ‘I will act according to Allah’s Kitab and the Sunnah of his Prophet and then make Ijtihad according to my own opinion’ and then he also offered this condition to ‘Uthman and he accepted it and appointed him” End. So he conveyed with the phrase “make Ijtihad according to my own opinion.”
And this is a known fact even in research institutes in the modern era, and in the Islamic University of Medina’s Deanship of Academic Research Journal (1423 AH/2002) is the following:
“Abdul Rahman bin ‘Awf gathered the Muslims in the Masjid… and called Ali, and ‘Abdur-Rahman had authorized the selecting of the Khalifah after he had withdrew himself, given that the Muslims would follow him by giving allegiance to who he gave allegiance to.
And ‘Abdur-Rahman placed his hand in the hand of Ali saying that we give you allegiance that you act according to Allah’s Kitab and the Sunnah of his Prophet and the Ijtihad of the two Sheikhs – meaning Abu Bakr and Omar- and Ali did not agree to the Ijtihad of the two Sheikhs and said: Instead I will make Ijtihad according to my own opinion, so he pushed his hand and called ‘Uthman (ra) and he accepted the Ijtihad of the two Sheikhs though what happened after that is what happened.” End
And because of this there is no contradiction between “I will follow my own Ijtihad”, and ” to the best I can and to the extent of my ability”, and “to the extent of my knowledge and ability,” for all of them are the same according to the scholars according to what Allah has given them in knowledge, so if any of these phrases are used to express it then it is correct, especially if the issue is in the setting of extracting a judgment from the evidences as is in our book, and therefore if you see it mentioned as “I will follow my own Ijtihad” instead of “to the best I can and to the extent of my ability” or “to the extent of my knowledge and ability” then there is nothing in that if it was in the case of extracting a judgment.
– As for what came in the question about what Imam Ahmad extracted in his Musnad, he said: “I said to ‘Abdur-Rahman bin Awf: ‘How did you give the Bay’ah to ‘Uthman instead of Ali?’ He said: ‘What is my fault?’ I began with Ali, so I said: ‘I give you the Bay’ah on Allah’s Kitab and the Sunnah of his Prophet, and the precedent of Abu Bakr and ‘Umar.’ And he said: ‘In that which I am able to.’ He said: ‘Then I offered it to ‘Uthman, and he accepted it.’ End. This is a weak chain (isnad), Sufyan bin Waki’ has been described as weak more than once, in his book Al-Taqreeb, Al-Hafith said, “Sufyan bin Waki’, his hadith has been dropped,” and likewise Abu Zar’a Al-Razi described him as weak in his book The Weak Ones, and Ibn Abi Hatim in The Wound and the Amendment quoted him in it as saying “I asked Abu Zar’a about Sufyan bin Waki’ as that he had said that he lies, and he said yes”. And therefore, the Hadith is weak and not reliable.
10 Rabi’ I 1434
21/01/2013 -
Answers to Economic Questions Related to Gold
بسم الله الرحمن الرحيم
Questions:
Assalamu Alaykum Warahmatullahi Wabrakatahu:
Honorable Scholar Ata’ Bin Khalil, may Allah sustain you and provide for you;
Economic questions related to gold:
What are the factors affecting the price of gold?
Why did the price of gold fall since the end of last year?
To what is the sudden decline, approximately a month ago, attributed?
Does the Shariah permit the saving of gold instead of paper currency while taking care of the Zakah payment (is this considered to be hoarding)? And if it were permissible, is it recommendable from an economic perspective?
Barakallahu Feek!
Answer:Wa Alaikum Assalaam Wa Rahmatullahi Wabarakatahu:
1. As you know, money was formerly gold and silver, and even when some states in the late 19th century and early 20th century issued paper money, this paper money was in exchange for gold and silver. The owner of a banknote could take it to the State Bank which had issued it and exchange it for the value it held in gold.
2. This situation wavered during World War I in 1914 and World War II in 1939 and in particular with the occurrence of the Great Depression in America in 1929, which also spread to other countries, thereby placing several constrains on the exchange of paper money for gold.
3. When World War II ended in 1945 and America came out of it with minimal losses, while Europe, Germany and Japan were afflicted with great loss and destruction in factories and architecture… From then on most gold was with America after the war. Through its military and economic strength America was able in the Bretton Woods Conference to make its paper currency the dollar a standard for other nations’ currencies as gold used to be a standard, meaning that nations could not print money and promote it unless they had a cover for it in either gold or dollars. America set a price for the dollar, which was 35 dollars per ounce of gold, and pledged to pay the countries the value in gold at the aforementioned price if they wanted.
4. This helped America with its stock of gold being equal or even higher than the stock of printed paper dollars at home or abroad. It was important that the American stocks of gold were able to cover the dollars in the hands of foreign countries or foreign individuals, since dealing with the paper dollar at home is easier than dealing with the one abroad.
To make the image clear, America’s stock of gold in 1946 after the Bretton Woods Agreement was worth the price defined in the agreement = $ 20.6 billion, while the paper dollar abroad with states and individuals was $ 6.1 billion. The situation remained like this, such that America was able to ensure the mentioned dollar price until 1960, when the American gold stock amounted to18.8 billion. The amount of paper dollars abroad was 18.7 billion, such that they were able to secure the price of the dollar. After that the dollar stocks abroad started to exceed the gold stock in America.
5. The result of the deterioration of the golden standard for the dollar caused America to ask for help from major countries in the world. They agreed to establish an association of gold with the aim that if the price of gold rose in the market for any reason the banks would hurry to intervene immediately by putting an additional quantity of gold for sale as to rearrange the price at the equilibrium level. On the contrary if the price fell, the banks would hurry to buy the excess amount of gold, such that the price rises to the initial level.
The association continued for some years, but then it gradually started to openly intervene in the market, especially between 1965 and until its abolition on the 17th of March 1968, which threatened the gold stocks of the associated countries to melt away. France withdrew from the association in June 1967 and then the crises accelerated (the Sterling crises in the fall of 1967, then the gold crisis in 1968). These two crises caused the countries within the gold association a loss that amounted to 2.5 billion dollars in gold within 6 months. A meeting was held in Washington on the 17th of March 1968 in which the decision was taken to cancel the gold association and to leave the price of gold unrestricted, to be determined by the forces of supply and demand.
6. The aforementioned gold crisis caused the gold stocks of America to decrease from $14 billion in 1965 to 10.48 billion in March 1968, when the gold association was abolished. This American gold stock was the minimum amount required by the law at the time in order for the interior gold to cover the dollar (25%). At that time America canceled the conversion of privately owned dollars abroad into gold and kept only the replacement of official foreign gold stocks. The amount of gold remaining in America, which was the aforementioned minimum, was enough for the official external stocks only, meaning that the gold backing for the dollar at home (25%) had been removed. Nevertheless America was unable to exchange the official foreign stocks as a result of the import and export of the private sector, as well as transactions of the public sector in its international relations with others.
7. As a result America under President Nixon canceled the exchange system with gold entirely in 1971, and since then there is no longer a gold standard to back the paper money. Rather the value of paper money is defined by the countries’ economies, meaning the balance of their payments, their security status and the emergency crises… This in addition to the money market speculation, also oil prices are an important component and their exposure to security situations or disorder.
8. In order to clarify this we say:
A. Gold, like any other commodity, ever since history is affected by supply and demand. If the supply increases, some countries sell part of its stock of gold to strengthen the economy, i.e. the amount of gold on the market increases while the price of gold falls… If some countries or some individuals turn to buy gold for a certain speculative demand, then the demand increases and the price rises.
B. Furthermore when the restrictions on the import of gold are lifted or reduced, the import and export are stimulated and then the supply of gold in the markets increases, which in turn causes the gold price to decrease, as happened in the Gulf in early 2011 after the exemption of gold from custom taxes had been imposed on gold manufactures and jewelry crafting. Another factor was the standardization of stamps on gold between these countries, which led to the decline in gold prices due to the increased movement of import and export of gold between them.
C. Also if the dollar deflates for economic reasons or military reasons or others, people turn to gold reserves instead of the dollar. Even the countries try to reserve gold in their assets instead of the dollar, increasing demand for gold and thus raising its price. As soon as the dollar rises to the improvement of the American economy or what comes close to it, people regain confidence in the dollar, selling some of their savings in gold, such that the supply rises and they reserve the dollar instead, causing the price of gold to decrease again.
D. Then there is the issue of oil. The rise in gold prices today or its decline is proportional to the rise in the price of oil or its decline. When the price of a barrel of oil rises, the gold price rises with it, and the lower the price of the American dollar, the higher the price of gold.
9. Based on this, one can understand the answers to your questions:
A. The decrease of the gold price in 2012:
Two remarkable things happened during that year:
First: A relative improvement in the price of the dollar after the severe suffering that hit it during the previous years that followed America ‘s economic crisis caused by the collapse of the real estate market… This improvement in the price of the dollar led to a decline in the price of gold as mentioned above, as the price of gold is inversely proportional to the price of the dollar…
Second: Russia sold about 4 tons of gold reserves for the first time in five years. This sale contributed to an increase in gold supply on the market, thus lowering the price of gold.
There are other minor reasons, but what we have mentioned above have had a major impact.
B. The sudden drop of the gold price during the month of July 2013 was connected to what happened on 06/19/2013 when the head of the American Federal, i.e. the U.S. Central Bank, announced a possible agenda for the progressive reduction of the quantitative easing program. This led to a strong support of the dollar and the decline in gold prices to an unexpected degree, as the price of an ounce dropped to nearly 1180 dollars! This price is only slightly higher than the cost of extracting gold from the mines, which lies between 1135 and 1150 dollars per ounce, prompting Pankaj Gupta, managing director of SMC Comex, to say: “I do not expect prices to fall below these levels, for the main reason that the cost of extracting gold from mines is up to one $1135 per ounce, and a $1150, which means that the price falling below these levels would lead miners to stop the extraction and the reduction of gold supply in the market, which will in turn raise the prices again.”
This statement is true to a certain extent, since the prices in the month of August 2013 returned to a slight increase to 1310 dollars per ounce, despite the precautions of the U.S. Federal Reserve to reduce the bond-buying program which is worth $ 85 billion per month. This means the reduction of the supply of dollars, consequently increasing the price of the dollar and simultaneously decreasing the price of gold. However the price did not fall under the rate of July 2013, although the price of gold is still down nearly to cost price. But as Gupta said, the closer the gold price comes to its cost price, some mines will decrease production and then at least the supply of gold in the market rises, raising its price at least slightly…
C. Regarding your question about savings of gold and silver instead of paper currency, the legal provisions for gold do not differentiate between gold in the form of minted coins or in the form of an alloy etc. The hoarding of gold is Haram even if the Zakah was paid on it, and this is the correct view of the matter according to the Shar’i evidences relating to it. Except savings for a need, for example if you wanted to build a house or wed your daughter …then this is permissible with the Zakah payment on it.
Brother Ata’ Bin Khalil Abu Al-Rashtah
-
Q&A: A State that Orbits another State
Question:
In the book, Political Concepts on page 24 in the official English edition dated 1425 AH 2005 CE, on the subject of the international situation we find:
“… As regarding the state that revolves in the orbit of another one, it is the one that is linked in its foreign policy with another state based on common interest and not as subordination. The example to this is Japan with America, Australia with each of America and Britain, Canada with each of America, Britain and France, and Turkey (currently) with each of America and Britain.”
The question is whether the state orbiting around another state can detach its foreign policy from the foreign policy of the major state around which it revolves? For example, can Turkey exit from America’s foreign policy in the case of issues such as Syria?
Answer:
The state that revolves around another state may exit its orbit in parts of its foreign policy because the relation between the two states is based on interest rather than being one of dependency. Hence it seeks its interest, but it should be noted that there are factors of influence and pressure used by the major state, which prevent the orbiting state from partially exiting its orbit. The strength or weakness of this prohibition depends on the extent of the impact that the major state has stretched out on the ruling class in the orbiting state. If the impact of the major state is strong, then even the partial detachment of the orbiting state is extremely difficult. The smaller the impact of the major state on the orbiting state is, the more the latter will be able to detach from the foreign policy of the major state be it in one fraction or more. We will clarify this using some examples, to eventually conclude the issue with the subject of Turkey:
1. Japan:
The system of governance, the internal situation as well as the state’s institutions are stable, such that Japan can partially depart from the foreign policy, and it revolves around America without the politicians fearing for their own destiny. However, the constraints imposed by the United States at the end of the Second World War, such as the prohibition from developing its strategic weapons, especially the nuclear weapons, as well as security agreements imposed on it … along with U.S. pressure on Japan’s economy, all of that created America’s influence in Japanese politics and its impact on the ruling class and the political parties, especially the Liberal Democratic Party, which ruled Japan since 1955 continuously for 54 years, sustained only during the short period in which the Socialist Party ruled, which did not exceed months, and it remained in power until its defeat in the 2009 elections. Then the Liberal Democratic Party with its two combinations returned to power at the end of last year, where it won the general parliamentary elections on 12/15/2012. All of that created an interconnection between American interest and the interest of Japan, as well as a strong American influence on Japanese politics, to an extent that the one in power became afraid of moving in the opposite direction of where America wants him to move or of partially deviating from the orbit in which Japan revolved around America. Therefore the one in power feared that America could raise the oppositional parties against him or that it might raise economic problems to affect the Japanese economy, causing his government to quake or even fall. Hence Japan has not left the American orbit in which it revolves in the fraction of foreign policy, but it was distancing itself from active participation in some of the issues of American foreign policy which had less effect… For example, Japan refused to participate in the war against Iraq in 1991, and it confined its participation in the occupation of Iraq in 2003 to a symbolical one, where Japan merely participated with one thousand soldiers in support of the U.S. forces in the search for what they called “weapons of mass destruction”. Nevertheless they provided support for the United States amounting to $13 billion to repay the war expenses. Therefore Japan exited its orbited in some fractions which do not carry a strong impact…
2. Canada:
The rulers of Canada cater to the interests of their country and goes along with this state or another depending on what they achieve, or they distance themselves from proceeding with a certain state when there is no benefit for them. Nevertheless the three nations, America, Britain and France, have an influence on Canada, and they are the states that Canada orbits in Canadian foreign policy, according to factors different from Japan, since Canada is not restricted by military or security agreements … But there are other factors which link Canada to Britain and its Commonwealth, since half of the Canadian population are of British ancestry. Canada is linked to France through the francophone affiliation, because approximately 16% of the population is of French ancestry. Canada is adjacent to America and it shares the longest unprotected border in the world, such that the two states seem to be intertwined, and they share a free trade as the largest trading partners. They participate in a free trade agreement since 1988 and Mexico joined in 1992. Canada also joined the Organization of American States in 1990, which stands under the influence of the United States.
Because these factors are less effective than the restrictions and conventions imposed on Japan … Canada is more able than Japan to partially exit the orbit in which it revolves around the three states. Canada maintains official relations with Cuba, which did not participate the United States in its embargoes or boycotts. It refused to participate alongside the United States and Britain in the war on Iraq in 2003, and held a position closer to the French position … Nevertheless Canada did not detach in the greater issues affecting international politics, and therefore we see that it has been involved in the war in Afghanistan alongside American and other NATO countries, since Canada is a founding member of NATO. In the past, Canada contributed in the form of its president in support of the United States in the Korean War 1950 – 1953. In the past, Canada participated in World Wars I and II alongside Britain … Therefore Canada orbits these three countries due to the above factors, but the impact of those states is not strong enough to prevent Canada from disengagement in fractions of the foreign policy of the three countries. Yet Canada does not detach in the important international policy issues…
3. Turkey
America’s influence on bringing the ruling class to power is strong, so Erdogan feels that he cannot reach power and reinforce his authority internally except with America’s help, so he sees that his fate is tied to America which has great control in Turkey so that it is able to command the government, rulers, judges, economy, army and security forces. Whereby the Turkish economy is dependent on American support by way of opening the door to loans and economic lenience to Turkey, and examples of this lenience are: the absence of pressure from the International Monetary Fund on Erdogan’s government as was on the government of his predecessor Ecevit, so the IMF brought his government down… and the absence of the demand of the lenders’ in the team of the foreign banks demand to schedule the accumulating debt on Turkey… And that American international rating agencies like Standard & Poors and from Moody’s to Fitch have not given negative points to the Turkish economy, instead these agencies have given positive points… and by this the road to investment from abroad is made easier for Turkey, and foreign companies are encouraged to invest in Turkey. Also America is behind the achievements realized by Erdogan in the army of striking the agents of England a strong blow and bringing men who support him in his Presidency who are linked to America, and likewise the achievements that he realized with regards to controlling the judiciary, all of this happened with America’s help. And America helped on the inside with security and the Kurdish question, for America was behind the acceptance of the Kurdistan Workers Party of the peace plan and the halt of the acts of insurgency, and that is because Ocalan is one of America’s agents and the Peace and Democracy Party follow Ocalan’s track. Therefore internal stability occurred by the cooperation of other agents and friends of America in other parties, organizations and agencies.
And therefore America’s influence on the government in Turkey is strong, and consequently Turkey’s stepping out of line of any American foreign policy is extremely difficult, and we will present a few of the facts to clarify how Erdogan is bound to American foreign policy:
A- Erdogan, before the Syrian Revolution, had authenticated the relationship with the American agent’s Bashar regime extending to personal and familial friendship, to the extent that he started saying “my brother and my friend Bashar” despite that Bashar was carrying out criminal acts in Lebanon and Syria like the massacre of Sednaya prison in 2008, but Erdogan did not see it as a massacre…! And Bashar with his security forces and secret police was persistent in the process of humiliating and degrading people, and Erdogan sees and hears, and nevertheless continued deepening his relationship with Bashar because America wanted this relationship to continue…
B- And when the revolution broke out, Erdogan continued to support Bashar and proceed with his actions and statements according to America’s maneuvering and statements. And when he recently called for military intervention and went to Washington in his latest visit on 16/5/2013 we see that he has stopped calling for intervention. When America called for the Geneva America 2 dialogue between the opposition, the regime, and the formation of a transitional government of the two parties, Erdogan’s government announced its support for it.
C. When France called for intervention in Libya alongside revolutionists against Gaddafi, Erdogan rejected this opposing France. However, upon America’s call to intervene, Erdogan supported America.
D. When Erdogan wanted to visit Gaza in late May 2013, America ordered him to delay it as quoted by Secretary of State John Kerry on 22/4/2013 in a public statement delivered during his visit to Turkey, prompting Turkish Deputy Prime Minister Bulent Arinc to say: “Mr. Kerry’s statement (relating to his call to the Prime Minister to delay his visit to Gaza) from a diplomatic and political perspective is objectionable, wrong and incorrect”. (Reuters 23/4/2013) Arinc also claimed that, “It is up to our government to decide where our prime minister or a Turkish official will go and when.” This statement however did not conform to reality, where the Prime Minister feigned forgetfulness about the planned visit to Gaza, no longer spoke of it, and in fact, when it was mentioned by officials that he will visit on the 5th of May, Turkish governmental sources hastened to deny the visit, in compliance with American orders.
These and other examples indicate that Turkey has not been able to leave in any partial aspect of its foreign policy the orbit it revolves in. Knowing that the reason of his intended visit to Gaza, Erdogan wanted to strengthen his popularity which was shaken because of his betrayal to the people of Syria after he promised them that he will support them saying: “We will not allow for a second Hama (massacre)…”, but the criminal Bashar regime committed a second, third and many other Hama (massacres)… in every city and village without Erdogan and his government making any move, and in fact, the Syrian regime toppled a Turkish plane, fired on Syrian refugee camps in Turkey and on Turkish villages killing Turks, still Erdogan made no move, although this was an enough reason to intervene, and he even had every right to do so if he did, but America prevented him from doing so.
It is worth mentioning that Turkey no longer revolves in Britain’s orbit after a heavy blow was directed at the forces of the British Army who were removed from commanding the Army staff and arrests were made at high levels, and are still languishing in prisons, while Turkey is still filtering the army. İt is also expected for more filtering to occur at the beginning of next month as reconsidering or freezing promotions or referring officers to retire take place every year. This is supervised by the Chief of Staff along with the leaders of the armies and with the approval of the Prime Minister, i.e., Turkey currently revolves in America’s orbit, and the impact of America in Turkey’s affairs is strong, so if the situation continues as it is now of Turkey’s strong links with America, Turkey would then become closer to the full subordination to America and it revolving in its orbit would then become questionable!
21st Ramadhan 1434 AH
30/07/2013 CE -
Q&A: Extent of State Involvement in Economics and Taxes
As-Salaamu Alaikum to our honourable Sheikh may Allah keep you safe and sound.
I want to know the extent of the involvement of the Islamic State’s authority in economics as a whole and then the extent of its authority in the enforcement of taxes (Daraa’ib). How are taxes regulated in general according to the Fiqhi understanding?
From Anis Labidi
Answer:
Wa Alaikum Assalaam Wa Rahmatullah Wa Baraakatuhu,
Your question regarding the involvement of the State in the Economy and taxation…
1. In relation to the involvement of the State in the economy accordingly the Economic System in Islam has specified the obligations of the State and its rights in addition to the obligations and rights of the people according to the Shari’ah rules which regulate the responsibilities or powers of both the one responsible for the people’s affairs and those being cared for (the people). And because the Islamic Economic System has a major effect in relation to properties in terms of the means of ownership and expenditure. Therefore Islam has specified (or defined) these properties, maintained and safeguarded them from any aggression. So there are individual properties, State properties and public properties and none of these infringe upon another. Therefore, the design of state involvement displayed in the current day where private property is seized and turned into public or state property, or the public property is turned into private property like the giving of petroleum and mineral concessions to the local and foreign private sector, all of the above is not permitted in Islam. Rather each remains within the limits of its ownership: The individuals in their private ownership, the state in regards to its ownership like those of the Ghanaa’im (spoils) and Kharaaj, and the Ummah in regards to its ownership like those related to petrol, minerals and energy resources. As such the pattern of state involvement that is known within the economic systems in our current age does not exist in the Islamic State.
2. As for taxes (dara’ib) then in accordance to Islam there are no taxes that are taken from the people as the Prophet صلى الله عليه وسلم used to manage the affairs of the people and it has not been proven that he صلى الله عليه وسلم enforced taxes upon the people and there are no reports whatsoever to indicate that he ever did. And when he صلى الله عليه وسلم learnt that those on the borders of the State took taxes upon the goods that entered the lands he forbade that. It has been reported from ‘Uqbah Bin ‘Aamir that he heard the Messenger of Allah صلى الله عليه وسلم saying:
لا يَدْخُلُ الْجَنَّةَ صَاحِبُ مَكْسٍ
“He who imposes maks (custom duty) would not enter paradise” recorded by Ahmad and verified as Saheeh by Al-Haakim.
The Saahib Al-Maks is the person who takes taxes upon trade. This indicates the forbiddance of taking taxes according to the connotation defined by the West. In addition the Messenger of Allah صلى الله عليه وسلم said in a Hadeeth that is agreed upon narrated by Abu Bakrah:
إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ عَلَيْكُمْ حَرَامٌ كَحُرْمَةِ يَوْمِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا فِي شَهْرِكُمْ هَذَا
“Verily your blood, wealth (property) and honours are Haraam (to infringe upon) like the inviolability (Hurmah) of this day of yours, in this land of yours in this month of yours…”
And this Hadeeth is ‘Aamm (general) and it includes within its meaning every person which includes the State and the taking of taxes means the taking of the wealth (monies) of the Muslims against their will which indicates its inadmissibility.
However there is an exclusive case in which the Shar’a has approved of them and permitted to take wealth according to its measured requirement without excess and it is only taken from the wealthy from the surplus of their wealth.
This case is when spending has been obliged upon the Bait ul-Maal (State Treasury) and the Muslims and there are not sufficient funds in the Bait ul-Maal and as such is taken from the surplus wealth of the rich in accordance to the amount that needs to be spent in order to meet it.
However if the spending is obliged upon the Bait ul-Maal alone and not upon the Muslims, then money is not taken for this from the Muslims if the funds in the Bait ul-Maal are insufficient, rather the need is (still required to be) spent upon it from the Bait ul-Maal.
So for example fulfilling the fundamental (basic) needs of the poor in terms of food, shelter and clothing, this is obligatory upon the State to be taken from the Bait ul-Maal just as it is Waajib (obligatory) upon the Muslims. He صلى الله عليه وسلم said:
وَأَيُّمَا أَهْلُ عَرْصَةٍ أَصْبَحَ فِيهِمْ امْرُؤٌ جَائِعٌ فَقَدْ بَرِئَتْ مِنْهُمْ ذِمَّةُ اللَّهِ تَعَالَى
“In any local community, if a person becomes hungry amongst them then Allah has nothing to do with them.”(Recorded by Ahmad and narrated by Ibn ‘Umar (ra))
So if there are insufficient funds to meet the basic fundamental needs of the poor in the Bait ul-Maal, then the amount required to meet these needs is taken from the rich without any increase above that.
And in the case of Al-Jihaad for example, it is also Fard (obligatory) upon the State and the Muslims due to the saying of Allah سبحانه وتعالى:
وَجَاهِدُوا بِأَمْوَالِكُمْ وَأَنْفُسِكُمْ فِي سَبِيلِ اللَّهِ
“And do jihad with your wealth and yourselves in the Way of Allah.” (At-Tawba, 9:41)
And His statement سبحانه وتعالى:
وَالْمُجَاهِدُونَ فِي سَبِيلِ اللَّهِ بِأَمْوَالِهِمْ وَأَنْفُسِهِمْ
“And those who make Jihaad in the way of Allah with their wealth and their lives.” (an-Nisaa, 4:95)
Therefore meeting the needs of Al-Jihaad is treated in the same manner (as described in the first example).
And in this way it is understood that taxes are non-existent in Islam with the exception of this case in which it is obligatory for two conditions to be met:
First: That it is obligatory upon the Bait ul-Maal and upon the Muslims established by explicit (Sareeh) Shari’ah evidences.
Second: That there are not sufficient funds in the Bait ul-Maal to meet their needs.
So in this circumstance alone is the amount required to meet the need taken from the surplus wealth of the rich without any increase. And in regards to the surplus (faa’id) we mean that which is above the typical food of the rich, his clothing, housing, servants, wives and what he rides/drives to meet his needs, and all that is like this in accordance to the typical situation of those like him. This is because Allah سبحانه وتعالى said:
وَيَسْأَلُونَكَ مَاذَا يُنْفِقُونَ قُلِ الْعَفْوَ
“They will ask you what they should give away. Say, ‘Whatever is surplus to your needs.’” (Al-Baqarah, 2:219)
Al-‘Afwa means that which does not require effort to spend which means what is over his requirements according to what is known to be typical from those like him. And the Messenger of Allah صلى الله عليه وسلم said:
أفضلُ الصَّدَقَةِ مَا كَانَ عَنْ ظَهْرِ غِنًى
“The best Sadaqah is that which is spent from the back of the richness (Zhahri Ghina).”
Agreed upon by way of Hakeem Bin Hizaam and Abu Hurairah. And the meaning of ‘the back of the richness’ (Zhahri Ghina) is any increase upon his known (typical) requirements of what is known (bil-ma’rouf).
And in conclusion there are no taxes in Islam except for this case and it can only be taken to meet the amount required to meet the need without any increase and it is not taken except from the back of the richness and this case rarely occurred throughout the Islamic history because the permanent resources of the State that Islam has explained were sufficient. However if required it is permitted to take the taxes according to the explanation provided above.
Your brother,
Ata Bin Khalil Abu Al-Rashtah01 Shaban 1434 AH
10 June 2013 CE -
The necessity of being an ideological driven Muslim
he Oxford dictionary defines ideology as: “a system of ideas and ideals, especially one which forms the basis of economic or political theory and policy or a set of beliefs characteristic of a social group or individual.”
The word itself originated from the French Revolution and was coined by a French philosopher, Antoine Destutt de Tracy in 1789 derived from the word ide’ologie which originally means “science of ideas” and has since been used in the context of propagating ideas that are underpinned by political, economic or social construct with a view to propose the aims, functions and nature of these ideas to be practically instigated into the political and social life of all humans regardless of language, race or geographical factors related to human beings.
Sheikh Taqiuddin an-Nabahani defines ideology as: “The ideology (mabda’a) is a rational doctrine from which a system emanates. The ‘Aqeedah (doctrine) is a comprehensive idea about man, life and the universe what preceded this life, what is to follow it, and the relationship of this life with what preceded it and what is to follow it.” [System of Islam]
When one looks to understand Islam and the life of our beloved Prophet Mohammed PBUH, the inquirer may attribute this term to Islam and the struggle to establish Islam by our final Prophet PBUH. Indeed this term can be correctly attributed and be used explicitly to describe the life of Muhammed PBUH or the nature of Islam, because Islam itself is an ideology that encompasses comprehensive and detailed systems defined to us by the Quran and the life of the Prophet PBUH was an ideological struggle to be applied on Earth in all aspects of the human cycle from an individual private level and unquestionably on a public state level governing life’s affairs in every dimension of human construct from the social paradigm of human beings to the economic policies that affect them to the reigns of foreign policy all over the world.
Historically there has been no ambiguity in the understanding of Islam as nothing but an ideology as our forefathers demonstrated to us by propagating Islam far and wide to the extent that the Khilafah State went from being a seed in Madinah to a tree that was 4500 miles tall, spreading over the frontiers of China in the Eastern part of the world to the South of France in the Western part of the world. It was the their understanding of Islam as an ideology that created ideologically driven Muslims whose every action was linked to their creed and it was this Islamic Aqeedah that drove them to implement Islam all over the world.
A Muslim must therefore understand Islam in the same ideological narrative since any slight deviation from this understanding will affect the actions of a Muslim and could aid the disbelieving colonialists plan’s to dilute the message of Islam from being a struggle and challenge against all false ideas that exist in the world to a pluralistic understanding of Islam that consists of contradiction, incongruity, compromise and skepticism as we see so common today.
The danger and consequences of this are real and a reality that we witness as an Ummah today in which we find Muslims believing in the message of Islam whilst calling for a democratic state to rule over them. We see Muslims who choose to avoid some haram such as abstaining from alcohol, sex before marriage and eating pork whilst playing with interest in their businesses or taking an interest based student loan. We see Muslims who visit the Mosque regularly and are even engaged in the call for Islam, but because of the absence of an ideological understanding of Islam, they call for individual reform and philanthropy based on the Western view of morals and ethics or the call to detach themselves from the material world, privately following Islam but publicly neglecting it.
Another issue in which a Muslim should be familiar with and understand is that the ideology of Islam has historically, presently and will always be an opponent to all other ideological views whether they be prominent such as capitalism or obsolete such as tribalism, socialism, anarchism, or any other ism that seeks to penetrate the world. Within this struggle of ideas, a Muslim must not be, by any means, scared, nervous, shy, intimated or cowardly in any way when propagating or working for the implementation of the ideology of Islam regardless of the pressures artificially created by the media, public opinion or politicians of any kind. In the last decade we have witnessed a plethora of attacks against the Shariah of Islam ever since the 9/11 attacks and the global war on terror led by the U.S followed by significant events that have taken place such as the London bombings, Indian Bombings, Suicide bombings and other recent events like the Boston Bombings and the event in London regarding the stabbing of a British soldier, to the extent that any political word, term or phrase said in the context of Islam has become synonymous with highly politicised terms such as terrorism, extremism, fanatical, fundamentalism, radical e.t.c. This ideological attack on Islam by the imperialists are not new to Islam nor are they scandalous, because the Ummah of Islam has witnessed this for centuries ever since the creation of Adam A.S and can expect such challenges until the end of time. Indeed the ideology of Islam is a threat, not to the citizens of any state that exists today, not to Non-Muslims who are regarded as Dhimmi (legal citizens of the Islamic state), not to the innocent women or children of the world regardless of religion, beliefs or values, but to the disbelievers who work tirelessly and timelessly to prevent the re-establishment of the Islamic Khilafah and prevent the revival of the Islamic ideology in order to fulfil their own desires or nourish their hatred for Islam.
Islam came as a timeless ideology to be applied all over the world. Islam has a unique political system in which government accountability is transparent, it has a unique economic system which has a primary aim to eradicate poverty and any obstacles to the distribution of wealth and the Prophet PBUH exemplified how Islam should be put into practise in all walks of life. This is the ideology which is a threat to human beings who aim to do the complete opposite by exploiting the freedom that Allah SWT has given to them and walk arrogantly across the Earth in order to oppress other human beings. This is the ideology which is a threat to Capitalism simply because it will reverse the outlandish results of capitalist economics in which 80% of the world’s wealth remains in the hands of 5% of the world’s population. This is the ideology that is being attacked and secularised intensely in order to narrow down Islam from an ideology to a mere blind faith.
A Muslim who embraces Islam is inherently ideological since he is required to source rules for all of his actions from the Aqeedah of Islam which defines how he should live his life and his idea about state governance is consequentially of what Islam has defined for us to be the ruling systems that prescribe the constitutions and cannons in order to solve all of the world’s problems. Believing in Islam means to believe in the idea that Islam should rule the world since it has been ordered to us by Allah SWT.
“You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah.” [3:110]
The ideological Muslim will be careful in all of his actions to ensure that they comply with the Shariah of Islam and exert his effort to follow Islam in its entirety. The ideological Muslim will yearn for the superiority of Islam in the world, since he understood the mission and objective of our Prophet Muhammed PBUH. The ideological Muslim will remain humble in his service to Islam doing all actions purely for no other desire except the desire of our creator as he understands the consequences of his actions and the accountability process he will go through on the day of Judgement facing his Lord, Allah SWT.
A Muslim who wishes to resemble the life of Muhammed PBUH and please Allah SWT should reflect on his understanding of Islam. Is your idea of Islam in accordance to the reality of Islam as an ideology? If not, then what Islam do you believe in? A Muslim cannot ignore or neglect the versus of the Qur’an which talk explicitly about the Shariah rules and Jihad etc. Just because they are in the spotlight and labelled as extreme, rather the ideological Muslim must learn about these topics and study them in order to understand and carry the Da’wah to defend the Shariah or foreign policy of Islam that is criticized so heavily.
The Prophet (SAW) said: “Any action done not in accordance with what I have brought it is rejected”
An ideological Muslim should view every problem from the perspective of Islam. It is indeed a life time journey for a Muslim to unwire his previously inclined thoughts, likes and dislikes from other ideologies including cultures and traditions that are not from Islam and to perfect his actions to be in accordance to Islam in its pure form. The reality is that with the absence of the Islamic State which is the means to culture the Ummah with Islam, any Muslim is prone to the false notions that conflict with Islam whether these ideas are secular, modernist, reformist, cultural or foreign e.t.c. Due to this it makes it twice as important for a Muslim to understand Islam as an ideology and thus forming the Islamic personality.
The motivation for working meticulously and assiduously for the revival of Islam is an outcome of the ideological understanding of Islam. When a Muslim senses a problem, whether this problem is a personal problem at home with his family, or a problem he senses with the outside world in the day to day interaction in public life during shopping, working, travelling etc. Or a problem that is discussed politically such as the destitute economies in the Muslim world or the dictatorial regimes and Western interference in our lands, he examines the nature of the problem carefully thus realizing that the problem exists due to the absence of the Islamic rules in the world. It is the absence of the ideological understanding of Islam in Muslims who are neglecting Islam in their actions and are using the criteria of Western ideas such as Freedom of speech or freedom of ownership to decide if he could do a particular action or not rather than the reference to Islam. We see examples of this when you may hear a teenager Muslim say “I can do what I want, it is my choice” or a couple expecting and in the process of buying their first house on an interest based mortgage claiming it is justified for them or a Muslim in the community who thinks he can help Islam by mobilising the Muslims to vote for a particular MP. The Muslim who understands Islam in its correct ideological narrative will link back these problems to the absence of Islam in public life.
“The example of those who maintain Allah’s limits (hudood) and those who surpass them is like the example of those who share a boat. Some would occupy its upper deck and some its lower deck. The occupants of the lower deck would have to go to the upper deck to have access to the water. If they said, why don’t we drill a hole in our part (to directly access the water) and do not cause any inconvenience to those above us. If those on the upper deck let them do what they wanted then all of the passengers would sink. However, if they prevented them from doing so then all would be saved” [Bukhari]
He will appreciate that it is the capitalist economics that have created a situation in which it is impossible for a person to buy a house and is practically forced to go to the bank for a loan whilst Islam prohibits interest, thus opposing the idea of a debt based economy. He will appreciate that the absence of a strong public opinion against sexual freedom as well as the Shariah to regulate this is the cause of a Muslim fulfilling his instincts in a haram way or a Muslim women not wearing the Islamic dress code due to a Western social system that gives the women the option to dress lustfully whilst Islam has defined a specific uniform for a Muslim women. The ideological Muslim appreciates that the young Muslims today are growing up with the absence of Islamic sciences in their education, the absence of Islamic culturing in all aspects of life is the reason for a teenage Muslim today following his whims and desires as oppose to the criteria of Islam. It is the absence of the Islamic State that has taken the natural environment for a Muslim to practice his deen away and the installation of an ideology that is absurd to Islam such as the corrupt secular ideas or corrupt cultural ideas from tribalism.
Many sincere Muslims carry out actions in order to aid the propagation of Islam. It is vital that these actions are linked to the ideological objectives that Islam has defined to us. One only has to ponder upon the life of the Prophet Muhammed PBUH in Mecca. Even a non-Muslim will be able to appreciate that the mission of Prophet Muhammed PBUH was equivalent to what people may call today a revolution. He PBUH transformed society from following the social norms of Arabic traditions to the rules of Islam. This continued to spread all over the world until the destruction of the Islamic State in 1924. Therefore a Muslim who is attempting to carry the Da’wah of Islam must have the same objective in mind which is to call for the implementation of the Islamic rules all over the world. This is what we require today after 89 years of living without the Islamic rules in state and society the Muslim world is yearning for the Shariah to be applied in the world once again. Countless surveys have indicated that majority of the Muslim world want to live under the Shariah rules, not that we need surveys to substantiate this. A person just has to look at the last 2 years to understand that the Muslim world are willing to die for Islam as seen in the example of the Ummah in Syria. Therefore, a Muslim who has understood Islam correctly will identify that the Islamic State is the nucleus for the revival of the Muslims and thus call for this in attempt to aid the call for Islam and the mission of the Prophet PBUH.
The ideological Muslim who seeks to revive Islam will not have a mundane routine in which he goes to work, comes homes, sleeps and relaxes on a weekend. This is because he senses thousands of problems every day realizing the urgent need for Islam. He realizes the magnitude of what he holds and is eager to spread these ideas as far and wide as his limbs can take him. His mind cannot accept how humanity has reached its depth of Kuffar in neglecting Allah SWT and the oppression on humanity that has come as a result of this whilst little is being done to resolve this by the Muslims in large.
“It is He who has sent His Messenger with the guidance and deen of Haqq, to prevail over all other religions even though the idolaters may abhor it.” [At-Tubah: 33]
His pursuance of the news doesn’t allow him to relax on a weekend because he senses the propaganda and new forms of attack on Islam, he develops a deeper understanding of the relationships between states and the shrewd joint efforts by states to maintain their imperialism over the Muslim lands preventing the rise of the Islamic State and thus feeling the need to challenge this via political activism and analytical discussion amongst his community. He wishes for humanity to be at peace and understands this can only happen when humanity is revived by Islam. Thus in his spare time his hands don’t recede without a book to develop his understanding of a particular discussion, his interaction within public life does not fall short of a discussion in which he can share his ideology. His time with his wife, family or friends is turned from being only enjoyment with irrelevant discussions to a magnified opportunity to attract and call more people to the ideology of Islam. He works to a plan in which his weeks are refined to be as productive as possible and prioritised in line with the call for revival. He sacrifices his desires such as going to watch the latest movie in the cinema, or frequently visiting the latest restaurants with his wife, or spending more than sufficient time on engaging in sporting activities, or wasting time being a perfectionist in his domestic preferences whether this maybe in his house, car or his gadgets.
Being an ideological driven Muslim means that the call for this ideology is the central point of his life to which his life revolves around. If this is not the case, then the Muslim has not understood Islam as an ideology i.e an idea which surpasses racial or geographic boundaries that encompasses rules for all people, at all times in all circumstances coherently in an individual’s personal life and the public domain.
We were blessed with Islam by Allah SWT to be the chosen ones to carry the ideology of Islam to the rest of the world and are plentiful across the world due to the actions of our forefathers who raised the Rayat of Islam and dedicated their lives to the implementation of Islam with their correct ideological comprehension of Islam. If we don’t comprehend Islam in the same way, the Muslims will remain in the shadows of Kuffar and our generation will not witness the practical manifestation of Islam via the Khilafah. The work for the re-establishment of the Islamic Khilafah will only be done by ideological Muslims and the revival of Islam can only take place once the Ummah has clearly understood Islam as an ideology.
“This day have I perfected your religion for you and completed My favour unto you, and have chosen for you as religion AL-ISLAM” [5:3]
-
Egypt’s Constitution and the Facade of Change
It is indeed difficult, amidst the heat of an intense and immediate battle or conflict to retain objectivity, remain principled, and orient ones thinking as to balance between long-term and supplementing short-term goals. The clashes and political turmoil in Egypt – and their intensity have instantiated this difficulty as Muslims continue to rally in support of Mursi and the draft constitution mainly in response to the fierce response of the Secularist following the November 22 constitutional decree. And of course the perceived victory makes it all the more difficult to critically understand the reality of the scenario.
Few however have critically asked about the structural factors or mechanisms which have perpetually created similar conflict in Egypt. And whether or not the existing political framework under which the constitution is being drafted, is even legitimate. We will argue below, as follows (1) political reform, in this case, legislative reform within the political architecture of ‘the State’ does not bring about a change in the concepts and political principles carried by a society for the state is a reflection and political manifestation of pre-existing ideas. (2) Calls for the implementation and designation of Shariah as a “main source of legislation” fail to acknowledge the reality of the prevailing political system, namely, the overarching Secular fixated framework of which the constitution is merely a product. (3) Designating the “Principles of Shariah” as a “main source of legislation” in a Secular political system in which revelation is not sovereign but rather subordinated to the sovereignty of a political institution – Parliament – is not only at fundamental odds with an Islamic worldview but rationally nonsensical. And (4) the Yes/No dichotomy which had been set up prior to the referendum vote is fallacious in that it assumes a false dichotomy and the jurisprudential principles employed to justify
1- Legislative Reform does not induce Change
Any constitution is the legislative expression and reflection of ideas within a community or political society – the framework of implementation for which is ‘the State’. In other words – ideas adopted by a society produce a constitution and the respective authority which implements its content. And thus, legislative reform does not produce ideas nor does it bring about political change.
What this means is that, any paradigm shift, cannot come through incremental legislative reform for example a Capitalist system cannot be transformed into a Socialist system nor can a Secular system become an Islamic system. Dissolution of the constitution requires dissolution of the political framework which produced it, and the dissolution of that political-framework requires dissolution of the ideas from which it naturally emerged. Constitutions do not produce societies, but rather it is the binding ideas of a society which produce a constitution. A reformation of a constitution merely makes the existing system work better. What Islamic movements like the Muslim Brotherhood fail to realize is that political power is a means and not an ends. Rosa Luxemburg, in her critique of Reformism explains
“Every legal constitution is the product of a revolution. In the history of classes, revolution is the act of political creation, while legislation is the political expression of the life of a society that has already come into being. Work for reform does not contain its own force independent from revolution. During every historic period, work for reforms is carried on only in the direction given to it by the impetus of the last revolution and continues as long as the impulsion from the last revolution continues to make itself felt. Or, to put it more concretely, in each historic period work for reforms is carried on only in the framework of the social form created by the last revolution. Here is the kernel of the problem.”
A common response contends that the Secular factions in Egypt would make the prospects or push for an Islamic system unfeasible at this given time. However, this fails to acknowledge that the Secular factions in Egypt are a minority whose power is only magnified vis-à-vis their hegemony over “reality-defining” institutions like the media. Secondly, preserving a Secular political-framework and failing to explicitly demarcate the conceptual boundaries between Islam and ‘the Secular’ in Egypt will not diminish the scope of those Secular factions in Egypt – if anything, it will only increase and sustain it. As a matter of fact, the very strength of the Secular factions and hybridity of Egypt’s intellectual fabric is a direct result of Egypt’s long-relationship with colonialism, be it through military colonization or more importantly the colonial institutions such as the nation-state.
A chief impediment towards the realization of an Islamic political system is the aura of transcedency it has gained, through “Islamist” discourse over the decades, becoming a sort of Utopian vision and the ultimate expression of an Islamic society. And the ‘State’ is no longer a means or an instrument but rather a sort of Hegelian ‘ends’. Those who are quick to dismiss the notion of introducing an Islamic constitution in Egypt seemingly fail to realize that the polarization between two contending camps during the referendum crisis was between those who sought a more “Islamic” constitution and those who sought a more “Secular” constitution. Supporters and those who rallied around the President did so based on ‘ideological’ affiliations to Islam, and a desire to see Islam being introduced into the political realm. However, the nature and content of this more “Islamic” constitution is a task delegated to their leadership with whom they affiliate based on their Islamic ideological inclinations.
2- The Conceptual Framework of the Constitution is Secular
A Nation-State is essentially the politico-legal expression (‘the State’) of a ‘Nation’ – an identity- whose existence preceded that of ‘the State’. Several elements constitute the ‘identity’ of a Nation, including language, race, and religion. All of which (language, race, and religion) however, are part of the ‘Nation’s narrative. And as such, religion as a secondary characteristic and feature is part of (and not definitive of) a National Identity and subsequently expressed legally through constitution or law. The states identity, principles, and structure is defined in the introductory section of the constitution and is based, as stated above, on Secular paradigms and not revelation despite the fact that it is the identity, principles, and structure of the state which most directly orients and influences not only the actions of the people but also their consciousness and subjectivity.
A reference to the “Principles of Shariah” is thus not an ‘Islamic’ element in a Secular constitution by rather the natural expression of the Nations Secular identity and a domestication of Islam. An explicit example of this is in the draft constitutions introduction which proclaims;
Constitution of 1971 Draft Constitution of 2012 Identity of the state: ”The Arab Republic of Egypt is a democratic state based on citizenship.The Egyptian people are part of the Arab Nation and work for the realisation of itscomprehensive unity.” Identity of the state: “The Arab Republic of Egypt is an independent state with unified sovereignty that cannot be divided. Its system is democratic. The Egyptian nation is a part of the Arabic and Islamic nations (Umma). It is proud to belong to the Basin of the Nile and Africa, as well as of its Asian extensions.” Even the most Secular of States, mention ‘State Religion’ or designate the religious affiliations of the heads of state.
Furthermore, the process by which a constitution is reformed and drafted is primarily defined and informed by the conceptual-framework and ideas which underlie ‘the State’ and is in no way absolute. For example in Egypt, the principles of Arabism, Parliamentary Democracy, and Republicanism define both the political architecture of the system, the framework of the constitution and the content of the legislation it implements. As illustrated below, the constitution is embedded within the politico-economic framework of ‘the State’ which itself is the product of a overarching worldview-principles.
(Similarly, the Qur’an and Sunnah define the boundaries of Ijtihaad in Islam and the political architecture of the system which emanates from the Qur’an and Sunnah) And thus the “Islamic” legislation passed in Egypt would be implemented by a Secular political system which is nonsensical. It would seem absurd to suggest that Liberal legislation be implemented within the framework of a Socialist political system. If that were the case for two ‘Secular’ and Eurocentric systems than what would be the case for divine revelatory legislation being subordinated and implemented by a Secular system? Islam, through its holistic worldview and comprehensive revelation provides man with the politico-institutional framework through which Islamic law is implemented and that system is the Khilafah. It is for this reason that the first article in the draft constitution adopted by Hizb ut-Tahrir for the Islamic State is:
“ The Islamic ‘Aqeedah constitutes the foundation of the State. Nothing is permitted to exist in the government’s structure, accountability, or any other aspect connected with the government, that does not take the ‘Aqeedah as its source. The ‘Aqeedah is also the source for the State’s constitution and shar’i canons. Nothing connected to the constitution or canons is permitted to exist unless it emanates from the Islamic ‘Aqeedah.”.
There is a fundamental difference between Islam being part of the constitution and the constitution being based on Islam. It follows that:
(1) The Egyptian Constitution is temporally Relative and not Absolute.
(2) The Qur’an as an epistemic base of knowledge is Absolute by its revelatory nature.
(3) It is thus irrational for the Qur’an to be part of the temporal Egyptian constitution.
Reason, contrary to what the Democratic mimics in the Muslim world might think, does not serve as the epistemic base from which legislative injunctions are derived. The only “reason” which supersedes over the principles of State and the revelatory injunctions of Islam is that of the Descartian “I” i.e. the prevailing reason of the colonizing European man who super-imposed is socio-political and economic models on the Muslim world. Popular sovereignty, Nationalism, and Parliamentary Democracy were all the products of the European man’s revolt against the despotic Church and the absolutization of ‘reason’. A Eurocentric ‘reason’ thus reigns authoritatively superior to the divine ‘will’.
3- Islamic Law and Sovereignty
Establishing an Islamic political system is a means, and not an ends as ‘the State’ is a necessary entity by which the political and social based Islamic legislation is implemented and thus the will of the Absolute creator is sovereign in all domains of life. In other words, the purpose of Shariah and ‘the State’ in Islam is; the preservation of Allah’s sovereignty in the political sphere. Islamic law is however eviscerated of its divine and revelatory nature, more so, of its primary purpose when it loses its sovereignty and its principles are reduced to a “main source of legislation” while sovereignty is held by a Secular parliamentary establishment. The will of the divine, as expressed through Shariah, is subordinated to the will of competing and contending political factions in Parliament. From a rational perspective alone, this is absurd as epistemic authority is, by its very nature, relegated to revelation which emanates from the will of the Absolute as opposed to the limits of our parochial ‘reason’ or the volatile ‘ will of the people’ (i.e. an aggregate of” morally autonomous rational individuals”). The constitution is thus fundamentally flawed, on both a rational and religious basis – and will continue to be so as long as the Secular political architecture and its overarching conceptual-framework is preserved.
Reformist will point to the second, fourth, and other clauses which state that the “Principles of Shariah” are the ‘main’ source of legislation. First and foremost, the architecture of ‘the State’, its conceptual basis, obligations, duties, and legislation are to be, from an Islamic normative perspective all derived from revelation. Legislation and the implementation of law is one dimension of any political system.
Secondly, the “Principles of Shariah” which Article 219 designates as “al-Adilla al-Kuliyya, al-Qawa’id al-Fiqiyya, and al-Qawa’id al-Usuliyyah” are not in themselves sources of legislation but rather they are conceptual tools and modalities used by scholars to understand the nature and dimensions revelatory legislation in a holistic way. Separating the “Principles of Shariah” from the content of Shariah is thus to eviscerate the principles from its content and substance. Not to mention, that these principles are subjective and historically contingent to the factors and environment in which they were developed. Having rendered the “Principles of Shariah” from their content, context, and substance they are then informed and defined by temporal hegemonic political paradigms.
4- False Dichotomies
When confronted with explicit and manifest Qur’anic injunctions of the Absolute political and legislative sovereignty of the Creator – a common retort is to secondary and misplaced Usuli or jurisprudential principles such as the “lesser of two evils”. Both “evils” are products of the same dismal reality with one being slightly less “evil” subjectively of course, than the other. Furthermore, one of these two evils is absolutely unavoidable; there is no third-way, a third option. In the end, they end up legitimizing and preserving the very same political architecture and structural conditions which had produced those two “evils”. The irony being, that by choosing the lesser evil they end up legitimizing the “evil” origins of both. This stems from nothing short of political naivety and superficiality. Seemingly not having learned from the experiences of a revolution which was far more effective than any ‘legitimate channel for participation’ which taught reformist and revolutionaries alike that the options or ‘legitimate channels’ designated by the illegitimate political system are not immutable nor do they serve as the only options for change, if anything, they preserve the status-quo. What is all the more perplexing is the fact that the referendum in Egypt is not over that of an Islamic constitution versus a Secular constitution but rather a Secular constitution which subordinates the sovereignty of the Absolute Creator to that of the Created. And hence the ‘sovereign’ majority will decide whether or not the will of the Absolute is given a secondary status in the newly drafted constitution or no status at all. The rational and religious absurdities of this are quite obvious.
An Alternative Trajectory for Egypt
Economic progress, social cohesion, and political stability are unattainable without political and economic independence. And the key to this politico-economic independence lays in the intellectual liberation through the introduction of a counter-hegemonic alternative to the dismal status-quo in Egypt. Surely, counter-hegemonic alternative would offer nothing but utopian ideals nor does thrive off the exclusionary politics of nationalism but rather a humane, liberating, and practical alternative from which we can derive both a coherent set of political, economic, and principles and also, a politico-economic and social system which embodies this principles. What is needed is a coherent vision and a comprehensive politico-economic program to deal with the deeply-rooted structural problems and contradictions in Egypt’s faltering system. A cosmetic reform under the masquerade of an Islamic-Democratic-Free Market hybrid “Nahda” program as espoused by the Freedom and Justice Party would fall short of the needed radical structural transformations. The necessary trajectory and answer to the crisis lies not too far from the roaring chants and cries of Egypt’s “Islamist” majority – that answer being; a principled and actual articulation and implementation of what revolting populations around the Muslim world are demanding, they want Islam in power, and not Islamist in power.
-
Manifesto for the Revolution of Al-Sham
Hizb ut-Tahrir’s Manifesto for the Revolution of Al-Sham
This statement was delivered by Engineer Hisham Al-Baba, Head of the Media Office of Hizb ut-Tahrir, Wilaya of Syria – at a press conference held at Hizb ut-Tahrir’s offices in Tripoli – Lebanon on Thursday 28th Ramadan 1433[16/08/2012].
The revolutions of the so-called ‘Arab Spring’ broke out in order to change rulers and regimes. From the outset, their main demand was clear and unambiguous. It was that which we heard in the chant: ‘The people want to overthrow the regime.’
What happened in the revolutions of Tunisia, Egypt, Libya and Yemen is that a ruler was either ejected from his post or killed. Yet the ruling system continued on the same design since colonial times: democratic, civil and secular – similar to the ruling systems in the West. All that has changed are some faces and some forms of nomination, appointment or election.
So the joy that came with those blessed revolutions vanished when these revolutions derailed and accepted the Western prescription of civil democracy given to them (or rather allowed for them) – until the revolution of Al-Sham tipped the scales and introduced different ideas into the language of the ‘Arab Spring’.
The revolution of Al-Sham did not accept the insertion of poison into honey. It refused secularism, democracy and the slogan of the civil state.
It refused to be satisfied with a mere change of face – asking, with astonishment: Isn’t Bashar secular?! Aren’t his regime and the constitution of his government civil?! Haven’t we witnessed the Western capitalist democratic system itself failing as a global system?! Why should we rewrite failed experiments to return our country back to its whirlpool, while the constitution decreed to us by the Lord of the worlds is in our hands?!
The revolution of Al-Sham confirmed its Islamic identity when its people declared: It is for the sake of Allah and counted their suffering as sacrifice in anticipation of Allah’s سبحانه وتعالى reward; when its women followed the example of Khansaa, one after another; when the banners of al-Uqab were raised; and when the calls demanding Khilafah started to resound. Thus, this revolution was not typical.
The international powers observed the peculiarity of this blessed Syrian Revolution. This angered America (the sponsor of Bashar and his regime), who in turn joined the Syrian regime in its crimes: providing him with deadlines, holding conferences, announcing initiatives, sending Arab and international observer missions. They also instructed their open and hidden agents to support the criminal Syrian regime, paying no heed to the waterfalls of blood abundantly flowing in Syria. The conspiracy of the international community against the people of Syria reached to the extent of offering Bashar the chance of resignation in return for securing a safe exit for him and his family, after all the crimes he committed. This is the level at which they are now dealing with the Syrian revolution.
We in Hizb ut-Tahrir firmly believe that this revolution is worth more than to fall into the swamps of secularism and the heresy of a civil state; nor should it exchange the better for the worse – i.e. take Western democracy and leave the Book of Allah and the Sunnah of His Messenger صلى الله عليه وسلم. We want it to proceed to establish the law (shar’) of its Lord – a rightly-guided Khilafah on the model of prophethood – so fulfilling two of the Bisharat (good news) of the Prophet Muhammad صلى الله عليه وسلم about the last days: One for all Muslims, which is his صلى الله عليه وسلم saying:
ثمّ تكونُ خلافةٌ على منهاجِ النبوّة
“Then it would be Khilafah on the model of prophethood.” [Musnad Ahmed]
and the other is for the people of Al-Sham in particular, which is his صلى الله عليه وسلم saying:
ألا إن عقرَ دارِ الإسلامِ بالشام
“Be aware, the centre abode of Islam is in Sham.”
[Narrated by Al-Tabarani, in ‘Al-Kabeer,’ on the authority of Salamah b. Nufayl]In this revolution we see signs that encourage that.
We present this document included within it: Hizb ut-Tahrir’s manifesto for the political system, for which it calls to be applied after the removal of the regime in Syria; and a road map to reach this goal. We are very keen that this revolution be safeguarded from being hijacked by the colonial powers and from being usurped by opportunists who orbit in the sphere of the West, carrying the West’s viewpoint for resolving the crisis.
The manifesto of Hizb ut-Tahrir for the ruling system in Syria is founded on the following tenets:
• The Islamic ‘Aqeedah (doctrine) should be the basis of the State and the basis of the constitution. The Qur’an and Sunnah, together with what they referred to – namely Ijmaa’ us-Sahaba (the consensus of the companions) and the Qiyas (divine analogy) should be the source of all of its articles. Thus, the Islamic Shari’ah (divine law) would become the system of life, the society and the State.
• The form of the ruling system in Islam is the system of Khilafah, which is fundamentally different from the forms of ruling systems in place today. So, it is not royal, imperial, republican, dictatorial or federal.
• Its State is neither religious theocratic, civil nor democratic. It is rather a human state, where sovereignty in it is for Shar’, where it applies the provisions of Islam, while the sultan (authority) is for the Ummah (nation).
• The security (aman) of Dar al-Islam, which we seek to establish is realized by security provided by the Muslims only; which requires preventing any foreign interference in our country, in compliance with the verse:
وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًا
“Allah will not allow the disbelievers to have a way ‘authority’ over the believers.” [An-Nisaa, 4:141]
Foreign intervention in Muslim countries is one of the great sins that take the country and people away from ruling with Islam and from living under its shade.
• The system in the Khilafah State is humane – that revives man as a human being, regardless of race, religion or colour. It addresses its problems – as a human being – with the best and most just provisions known on the face of the earth; because they are from Al-Hakeem (Most Wise), Al-Khabeer (Well Acquainted).
• The bond that links the citizens of the State is their citizenship. So, all of those who hold the citizenship of the Islamic State (Muslims and non-Muslims) have the full right to enjoy guardianship. The State is not allowed to exercise any discrimination between the citizens in terms of governance, justice or managing the affairs.
• The articles of the Constitution of the Islamic State are divine provisions, which the State is obliged to apply; and all citizens must obey them. The Muslims obey them as orders and prohibitions from Allah, His Messenger صلى الله عليه وسلم and the ruler. Whilst non-Muslims obey them as laws of the state that look after their own affairs and preserve their lives and rights, the same like Muslims. This is in line with the divine principle that states: “They have the same fairness enjoyed by Muslims; and they are also accountable like Muslims.”
• Non-Muslims are left to practice the provisions of their own beliefs, worship, food-stuffs and clothing – beside matters of marriage and divorce, according to their religions, within the general law. They rejoice under the State and enjoy its fruits as citizens like Muslims. Among the most prominent examples of this are the provisions of public ownership and the distribution of the products of its enormous wealth to all its citizens equally.
• There is no distinction in the Islamic State in terms of looking after the affairs of the Muslims and non-Muslims; it also deals equally with all races and peoples; so it does not distinguish between the Kurds, Arabs and Turkmen, etc. It rather abides by the verse:
إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ
“The best among you in the sight of Allah is the most pious of you.” [Al-Hujraat, 49:13]
The State considers any call to racial, tribal or national bonds as tribal and jahili that splits the nation (Ummah) and the State; besides it is a great evil. The hand of the West – who have pursued (and still pursue) an agenda to split the Ummah, weaken it and make her allegiance to it, rather than to Allah, His Messenger and the believers – must be severed.
• Islam ensures, through its economic policies the satisfaction of the basic needs of food, clothing and housing for each of the State’s citizens, and it enables him or her to satisfy luxuries (beyond the basic needs) as much as he or she could. It also ensures for the whole Ummah security, education, medication and the various basic needs of the community. Its injunctions explain the means of ownership, the means of investment and the manner of expenditure. They show the types of properties: namely individual/personal property; the state and the publicly owned property, such as oil and minerals wealth, which would enable all members of the Ummah to enjoy them. They show rules relating to land, such that not an inch of land is left uncultivated. They have made gold and silver the basis of currency, so securing a stable exchange rate for the currency that is reflected in stable commodity prices. They have set up rules for currency Exchange that prevent the Islamic State from falling into crises similar to that which have occurred in the capitalist financial system. They have identified the terms of internal trade between individuals, which does not need pursuance from the state; and the provisions of Foreign Trade, which is made under the State’s supervision. They allow the establishment of companies, according to the divine rules, and prevented them from monopoly. They prohibit usury, selling of debt, selling that which is not owned yet, and fraud. Overall, this policy has taken into account the targeted model of society, which would live peacefully and happily within an order of Halal and Haram. They work for the distribution of wealth amongst the members of the State, individually; and made the property as servant for man, rather than making man a slave to it.
• The external relations of the State with other states are established in accordance with the provisions of Islam, by carrying the call to them and undertaking jihad for the sake of Allah (fee sabeelillah). The State is committed to the divine injunctions regarding upholding of conventions, peace treaties, ceasefire armistices and diplomatic representation.
In regards to the road map through which we hope to realize the Khilafah State after the overthrow of the regime:
It is based, in its general framework, on the method of the Prophet peace be upon him in change; and it can be summarized as follows:
• Muslims in Syria, in general, make known that they want to overthrow the regime and return back to the rule of Allah by establishing the Khilafah in compliance with the example achieved by the Messenger of Allah صلى الله عليه وسلم where he generated a public opinion for Islam in Madinah, a little before the establishment of the first Islamic State. This aspect has now been achieved in the Islamic Ummah a long time ago. And it has become, in the era of ‘the Arab Spring’, clearer than ever, by the Grace of Allah, The Almighty – especially amongst the people of Syria who started to declare day and night the slogan of the Islamic State. The West no longer hides its apprehension and worry that Islam is the heir to the era of the criminal seculars in Syria. However, it remains a duty upon the leaders of opinion and thought who hold Islamic thought, to speed their strides for crystallizing and clarifying the Islamic system amongst themselves and amongst public opinion, so that none are deceived by movements who raise Islamic slogans but they embrace a secular project under the name of the civil state.
• The believers from amongst the people of power (the influential) amongst the officers of the regular army, the dissidents from it and the armed groups, which include the purest of Muslims, have to work for establishing the Islamic Khilafah. They have to work together to prevent the West, its agents and its tools from the local secular politicians, from even approaching authority and decision-making. They have to choose for positions of authority those from the people who are fit for it, who hold the Islamic political project, understand it precisely and in whom there is great hope in their ability to apply it properly, away from allying themselves to opponents, namely the secularists and their masters in the West.
This is what we have started to see, by the Grace of Allah, in the field of people of power who have declared that they want to rule by Islam. We thank Allah that this Ummah has become rich with people of governance, politics, management, judiciary and economy. So preparing for this great duty all means required for its achievement – in terms of an Islamic draft constitution, an ability to apply Islam properly, in order to attain the highest levels of life for the citizens of the Khilafah State – both Muslims and non-Muslims; and the ability to lead the Muslims intellectually for spreading Islam in the world; and political experience that enables them to engage in the international struggle on an ideological basis rather than a colonial utilitarian basis, and to make the Islamic State the leading state in the world.
We, in Hizb ut-Tahrir announce through this conference that we work with the sincere people of this revolution, and we provide all that we have of potential, capability and competence to achieve all the elements of this plan, whose execution and success are feasible; and can bring, most importantly, the true change and the great pleasure of Allah, the Almighty.
The squares of revolution have overflowed with the uqab flags and the banners of Islam. The throats of the demonstrators raised the call of takbeer and chanted: “We want Syria an Islamic Khilafah” and “The people want Khilafah again.” Our members exist in the depth of the revolution; and the Media Office of Hizb ut-Tahrir, Wilaya of Syria, is one of the channels open for communication and interaction with the revolution. The party, in general, and its branch in Syria, in particular, has pursued the revolution since its inception, day-by-day, even moment-by-moment. So, it issued successive statements and bulletins in parallel with the events of the revolution, to strengthen the rebels, lift their determination and spread awareness among them about the conspiracies plotted against them, reminding them always of the need to link their revolution with a sublime objective, which the opportunists cannot reach.
And we put in the hands of the media people and journalists a dossier, the majority of which has been so far compiled.
– Hizb ut-Tahrir works to contact the various military forces to organize them in one unified work that can destroy this regime from its roots and establish the Islamic rule; hoping this will be soon.
– The Hizb has prepared itself for this great task; it has been its main preoccupation for more than half-a-century, not only in Syria, but in different Muslim countries, indeed the whole world. It gained through this period all the elements of successful leadership that enables it to reach with the Ummah to achieve the duty towards Allah in the establishment of His rule and spreading of His message. Therefore, the efforts of its members came together in the whole world in support and help of the rebels – from Indonesia to the Maghreb through Al-Quds; and in Western capitals from Europe to Australia and America. All of them have stood – and still stand – responding to the call of the duty of support to and in defense of the rebels of Al-Sham, calling upon Muslim armies parked in their barracks to move in the name of Allah and with the blessing of Allah, for the help of the oppressed Muslims in Syria. The people of revolution were delighted with the calls of our members in the Al-Aqsa Masjid, where the heroic stances moved from Al-Quds to all parts of Palestine, the captive, and swept over the Arab world, particularly in Lebanon, and more specifically in the posts of troops (Ribat) and Jihad, Tripoli of al-Sham, which hosted this conference. We do not also forget the stances of our members in Jordan, despite the restrictions, the blockade and prevention.
Their cries were not less than the cries of their brothers in the various parts of the blessed land of Sham.
– It is worth mentioning in this paper that “Hizb ut-Tahrir” was founded in response to the command of Allah, The Almighty in the verse:
وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ ۚ وَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ
“And let arise from amongst you ‘ummatun’ a group (at least one) – who invite to goodness; and enjoin the right and forbid the evil; and indeed those are the successful.” [Al-Imran, 3:104]
and for the resumption of Islamic way of life through the re-establishment of the rightly guided Khilafah, in pursuance of the divine principle, “Whatever a duty cannot be performed is itself a duty”.
This party has prepared its members to become statesmen. It does not carry the concept of a ruling party. Rather, once the Khilafah is established through the legitimate method, and the Khaleefah was from it, he would not be the Khaleefah of the party, but the Khaleefah of the Muslims, where he looks after their affairs with justice, in word and deed. Then, once the post of Khaleefah became vacant after that, the Ummah would choose “a man from amongst the candidates, who possesses the legitimate conditions”, where the Ummah would give him pledge of allegiance to listen and obey, as a Khaleefah of the Muslims, rather than of any party. Hizb ut-Tahrir, whether its candidate or any other candidate of the Ummah reached to the Khilafah post, would continue to watch together with the Ummah the progress of governance and the State, by advising, suggesting, criticizing and accounting, in pursuance of the command of Allah, The Almighty in the above mentioned verse.
We ask Allah, the Almighty to grant these efforts with near success, an immediate victory, and a great joy by the establishment of the Khilafah; and this is not difficult for Him, and it is not slight for the majestic steadfast revolution of Al-Sham. Allah, the Almighty says:
وَنُرِيدُ أَنْ نَمُنَّ عَلَى الَّذِينَ اسْتُضْعِفُوا فِي الْأَرْضِ وَنَجْعَلَهُمْ أَئِمَّةً وَنَجْعَلَهُمُ الْوَارِثِينَ
“And we want to be gracious to those who were oppressed in the land, and make them leaders, and make them inheritors.” [Al-Qasas, 28:5]
Praise be to Allah, the Lord of the Worlds.
Engineer: Hisham Al-Baba
Head of the Media Office of Hizb ut-Tahrir – Wilaya of Syria28 Ramadan 1433 / 16/08/2012
No: SY-MO1-160812 -
Q&A: Is it permitted to use Astronomical Calculations to determine the start of Ramadan?
Question:
Moon-sighting at the beginning of the lunar months is raised every year in our Islamic community in Ramadan. What is our position to those who say using the astronomical calculations is an alternative to sighting to prove the start of Ramadan? Is it only an outweigh opinion or rejected, which is batil (invalid)? In other words, can this evidence (shub’hat daleel) be understood in any other manner or not? And if it is a rejected opinion- as I understand- what is the Islamic judgement (Hukm) for their fast for those who follow this opinion? For your information there are many here in Australia and in other western countries and they are increasing.
And another issue, if it becomes clear to the fasting person that he made a mistake in sighting the moon, what shall he do? Is that not something of severity? And some who discussed this say that the fast based on the sighting of the hilal (crescent) is not practical, simply they attempt to sight the moon but cannot sight it, or they disagree in its sighting which causes a problem! What is the opinion on this issue? Today’s calculation precisely determines the new moon; it then determines the sight possibility even if it not seen, so why not depend on calculations, since it makes the issue easier in the same manner we calculate prayer times.
Answer:
The fasting in Ramadan is dependent on the sighting of the moon according to the evidence related to it including:
«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ»
“Fast at its sighting and break your fast at its sighting, and if it vanishes from your vision, then complete the period of Shaaban 30 days.”
In regards to those who deem astronomical or lunar calculations as evidence and depend upon it, it is rejected and does not apply to the issue. Commonly referring to the following two:
First: The Prophet صلى الله عليه وسلم said:
«إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا»
“We are an illiterate nation; we neither write, nor know accounts. The month is like this and this.” (Al Bukhari)
and this Hadith:
«إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا»
“We are an illiterate nation; we neither write, nor know accounts. The month is like this and this.” (Al Bukhari)
Although it contains the concept of illiteracy as noted by the word “illiterate” with some people understanding that as if it is an illah that since today’s Ummah is literate then we are able to use calculation to determine the moon sighting for Ramadan. However this NOT the case as it is known in Usool principles since this description is suspended, because of the description (illiteracy) is often taken out of context, since the majority of the Arabs were illiterate at the Prophet’s صلى الله عليه وسلم time, in addition to this understanding is suspended by a text which is this Hadith:
فإن غُمَّ عليكم فأكملوا العدّة ثلاثين البخاري
“and if it is hidden by clouds then complete thirty (days)”
And did not mention any conditions or restrictions that if sighting is not possible due to clouds, rain or any other reason preventing its sighting, thus the Hukm (Islamic ruling) determined the completion of a thirty-day month, even if the crescent exists although covered by clouds. Therefore one has to act according to the wording of the Hadith and not based on understanding the Hadith.
This is the reality of the conditions of acting according to the understanding in more than one case, it becomes suspended if it is taken out of context, or if a text suspended like:
وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ
“Do not kill your children out of fear of being poor.” (Al-Israa, 17:31)
so “out of fear of being poor” describes the concept that is fear of poverty, that was in general a description for the Arabs, who used to kill children from fear of poverty, therefore that understanding is suspended with the text,
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ
“As for anyone who kills a believer deliberately, his repayment is Hell” (An-Nisaa, 4:93)
Therefore the understanding here will be suspended, it is not said that the Haram is when you kill your children fear of poverty while Halal during wealth! Rather it is Haram in both cases, whether in poverty or wealth, as stated in the following ayah:
لَا تَأْكُلُوا الرِّبَا أَضْعَافًا مُضَاعَفَةً
“Do not consume usury, doubled and multiplied” (Al-Imran, 3:130)
thus ‘doubled and multiplied’ are a described concept, therefore the understanding is derived from the concept, who used to deal with riba (interest) doubled and multiplied, and that understanding was suspended by this text:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
“But Allah has permitted trade and He has forbidden usury.” (Al-Baqara, 2:275)
Therefore this understanding is suspended. It does not refer to the high interest as haram or the least amount that is permissible, rather all amounts of ribaa are haram due to the concept ‘doubled and multiplied’ is suspended as we stated.
So the concept of ‘illiterate’ is suspended as we explained; therefore if one was unable to sight the moon due to clouds or rain, then it becomes obligatory to complete 30 days of the month, whether or not we know how to calculate.
Secondly: Their statements regarding prayer times depend on calculation, therefore the time of fasting depends on calculation… and the answer to that:
Researchers (or anyone who follows the texts) can find that the evidences differ for fasting from those that are related to prayer, since fasting and breaking the fast is linked to this moonsighting:
مَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ
“So whoever sights (the new moon of) the month, let him fast it”
صوموا لرؤيته وأفطروا لرؤيته
“Begin and end fasting when you sight the crescent”
so the sighting is the Hukm.
However, the texts concerning Salah are linked to verifying the time.
أقم الصلاة لدلوك الشمس
“Establish salat from the time the sun declines” (Al-Israa, 17:78)
إذا زالت الشمس فصلَّوا
“If the sun remains then pray”
Thus the Salah depends on verifying the time, by any means to ensure the prayer time. So if you looked to the sun to see the time of the meridian/disappearance or if you looked to the shadow, then you will see the shadow of everything being the same or doubled in size, as it came in the Ahadith regarding prayer times. If you did this and verified, then your Salah is valid; and if you did not do that, but calculated it astronomically and learned the time of the meridian is at such and such time, and looked to your clock without going to see the sun or the shadow, then the Salah is valid. That is to verify the time using any means, why? Because Allah سبحانه وتعالى ordered you to pray when the time enters, it was left it up to you how to verify when it entered without specifying the manner of verification. As for fasting, He سبحانه وتعالى ordered you to fast by the sighting and specified for you the cause. Furthermore He سبحانه وتعالى said that if the clouds blocked your vision and you could not see, you should not fast even if the crescent existed behind the clouds and you were certain of its presence based on astronomical calculations.
This is our opinion on this issue. Thus the astronomical calculations are not permissible in designating the fast or its breaking of the fast for Ramadan, but rather the Shariah sighting.
-As for the fast of those who use astronomical calculations, if they fasted the days of Ramadan according to the sighting, then their fasting is valid. And if they missed a day of Ramadan according to the sighting, then they are responsible for it and must fast the day (as make up for the missing day).
This is what we are convinced of and we make it clear to people, and we do not use a stick to force people to follow our opinion, we clarify this using good means and proper wisdom to conclude this topic. So we do not make this issue grounds for conflict; instead we draw the straight line next to the crooked line, and Allah سبحانه وتعالى is the Guide to the straight path.
-Regarding the claim that sighting makes the issue difficult, then if a person fasts the month and then another person tells him that it is Eid… Likewise if he was not fasting on the first day of Ramadan and another person came to him and said the new moon was seen so it is Ramadan and in this manner, the issue became difficult for him.
And the answer to this is that the issue is easier than this, so if the Muslim fasts and breaks the fast according to the knowledge of the vision after he investigated it. So if he fasts and breaks his fast based on the non-sighting of the Crescent at his place, and then another person with more knowledge came and said the new moon was sighted, then he has to follow him which is clear from the Hadith of the Messenger of Allah صلى الله عليه وسلم. It was narrated by a group from Al-Ansar:
«غُمَّ علينا هلال شوّال فأصبحنا صياماً، فجاء ركب من آخر النهار فشهدوا عند النبي صلى الله عليه وسلم أنهم رأوا الهلال بالأمس، فأمرهم رسول الله صلى الله عليه وسلم أن يفطروا ثُمَّ يخرجوا لعيدهم من الغد»
“The moon of Shawwal was hidden by the clouds so we woke up fasting, then at the end of the day there came riders they testified in front of the Prophet صلى الله عليه وسلم that they saw the crescent the day before, the Prophet صلى الله عليه وسلم ordered them to break their fast and then celebrate Eid the next day.” (Ahmad)
In the past, it was difficult to receive news of the moon-sighting from one region to another, as it occurred with the Prophet صلى الله عليه وسلم when he was informed by a delegation arriving to Madinah during the day in which the Prophet صلى الله عليه وسلم and the Muslims were fasting because they did not see the crescent. Therefore, when the delegation informed the Messenger صلى الله عليه وسلم of the sighting of the crescent, the Messenger صلى الله عليه وسلم ordered the Muslims to break their fast, and that day was the last day of Ramadan. So the Messenger fasted the complete period because he صلى الله عليه وسلم was unable to sight the new moon in Madinah. So when the news of the sighting in another area reached them, he ordered to break the fast, because this was a day in Shawwal. In other words: Eid, and not a completion of the period of Ramadan.
This issue is not complicated. In every area – sighting is possible, and if they do not see the new moon and they do not receive reliable information of the sighting from another area, then they have to fast or break their fast. And if they receive news of the new moon sighting, they have to follow it, because the Hadith is a speech is for everyone (صوموا لرؤيته..). “fast at its sighting…”
Regarding your statement: They claim “it is not practical”; so why is it not practical?
If the people of Australia try to sight the new moon of Shawwal but do not see it, and they do not receive news of its sighting from another area, then they have to fast. If they receive news of the new moon sighting during the day, then they have to break the fast, because this is the day of Eid, as the Messenger of Allah صلى الله عليه وسلم did… And so forth.
Today, news arrives easily and without trouble… and therefore the issue of it being unpractical is not an argument for the Muslim, who wants to achieve correctness (al-Haqq) in his worship.
– As for determining the new moon using calculation, this is correct, whereas determining the possibility of the sighting, this is incorrect, because astronomers differ in determining the time period which it takes the new moon to become visible after sunset. Thereby in actuality, we do not fast or break the fast according to the new moon, but to its sighting, as the Messenger of Allah صلى الله عليه وسلم ordered us to do.
«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ»
“Fast on its sighting and break the fast on its sighting, if its covered to you then complete the period of Shaaban with 30 days.”
It is possible that the new moon of Ramadan is present but the clouds cover it and you are unable to see it, so we complete the period according to the text of Hadith, thus the time of fasting is by the sighting as defined in the evidences, if the time of the fasting like the time of Salah was without the condition by sighting then the determination of the time using calculation will be correct. However, the evidences for fasting are dependant on the sighting, and the evidence for Salah came for verifying the time without the requirement of sighting:
«إذا زالت الشمس فصلَّوا…»
“if the sun sets then pray…”
as we explained above.
20th Ramadan 1433 AH
8/8/2012 CE
-
Values of Ramadan – Talk by Sheikh Abu Talha
*Very informative* talk by Sheikh Abu Talha in USA during the Qiyam ul Layl program in Ramadan, Sheikh Abu Talha expounds on the various values of Ramadan a Muslim should actively seek to gain the maximum benefit from this blessed month. Sheikh Abu Talha reminds how the month of Ramadan is closely linked to the revelation of the Quran and gives insight into this special relationship between Ramadan and the Revelation. The various values of Ramadan explained in this talk are:
1- Supreme Values of Ramadan
2- Personal Values of Ramadan
3- Structural values of Ramadan
4- Political values of Ramadan
5- Historical values of Ramadan
