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Q&A: Disposing of Riba [Interest] Money
Question:
Our eminent Ameer, may Allah preserve him and forgive his sins,
Assalamu Alaykum wa Ramatullahi wa Barakatuhu
Someone opened an interest-based bank account in one of the nowadays existing (usurious) banks and later realized that riba [interest] was added to his account. We know that Allah سبحانه وتعالى says in the explicit part of His Revelation:
وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ
“But if you repent, you may have your principal – [thus] you do no wrong, nor are you wronged.” (Al-Baqarah: 279)
There are contemporary Sheikhs and Scholars who authorize taking this money and not leaving it to the bank, under the pretext of not helping the bank in committing Haram and not committing another Haram by leaving the interest to the Bank.
The question is: What to do with the money that has been added to his capital? Is it permissible for him to take the interest-accrued money (riba money) and spend it on the poor or to repay his debts with it? Will he be rewarded for spending this money on the poor? Please advise us, Barakallahu Feekum, may He forgive your sins.
From Ibrahim Abu Fathi
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuhu
Before answering your question of “what to do with the interest money”, it is obligatory upon the one dealing with interest with the bank to immediately terminate his usurious (riba) transaction. He has to repent to Allah subahanahu wa taa’ala with sincere repentance, and Allah Almighty says:
يَا أَيُّهَا الَّذِينَ آمَنُوا تُوبُوا إِلَى اللَّهِ تَوْبَةً نَصُوحًا
“Oh you who have believed, repent to Allah with sincere repentance.” (At-Tahrim: 8)
And He سبحانه وتعالى says:
إِلَّا الَّذِينَ تَابُوا وَأَصْلَحُوا وَاعْتَصَمُوا بِاللَّهِ وَأَخْلَصُوا دِينَهُمْ لِلَّهِ فَأُولَئِكَ مَعَ الْمُؤْمِنِينَ وَسَوْفَ يُؤْتِ اللَّهُ الْمُؤْمِنِينَ أَجْرًا عَظِيمًا
“Except for those who repent, correct themselves, hold fast to Allah, and are sincere in their religion for Allah, for those will be with the believers. And Allah is going to give the believers a great reward.” (An-Nisa: 146)
At-Tirmidhi reports from Anas that the Prophet صلى الله عليه وسلم said:
«كُلُّ ابْنِ آدَمَ خَطَّاءٌ وَخَيْرُ الخَطَّائِينَ التَّوَّابُونَ»
“Every son of Adam makes mistakes. The best among those who make mistakes are the ones showing repentance.”
For it to be true repentance, and for Allah سبحانه وتعالى to forgive the sin of the one seeking repentance, it is incumbent upon the one seeking repentance to leave the sin, and to regret having committed it in the past, and to intend with strongest determination not to return to the like of it. In case the sin is related to another person’s right, then it is obligatory to return the right to its owners or to achieve exemption from them. If he has money that he took from them through theft or coercion, then he will have to return the money to its owners, as to rid himself of the malignant gain from a Shar’i perspective. Gaining money in a Haram manner carries an adverse punishment. Ahmad reported from Abdullah Bin Masood, who said: “The Messenger of Allah صلى الله عليه وسلم said:
«…وَلَا يَكْسِبُ عَبْدٌ مَالًا مِنْ حَرَامٍ… إِلَّا كَانَ زَادَهُ إِلَى النَّارِ»
“No servant gains money in a Haram manner…except that it drives him towards the fire.”
And At-Tirmidhi reported from Ka’ab Bin ‘Ujrah that the Messenger of Allah صلى الله عليه وسلم said:
«يَا كَعْبَ بْنَ عُجْرَةَ، إِنَّهُ لَا يَرْبُو لَحْمٌ نَبَتَ مِنْ سُحْتٍ إِلَّا كَانَتِ النَّارُ أَوْلَى بِهِ»
“Oh Ka’ab Bin ‘Ujrah, no meat is collected that has been grown from Haram, except that the fire has more right over it.”
As for the bank’s interest on his money and how to get rid of it, the answer is as follows:
1. If he tells the bank “I want my capital only” and the bank’s regulations allow him to take his capital solely, then he shall take his capital.
2. But if the bank’s regulations do not allow so, rather they oblige him to take the interest along with his capital in one pay or otherwise they will not give him his capital, in this case he takes his capital along with the riba (interest) and gets rid of the latter. He puts it in charitable places stealthily, without showing that he is giving it in charity, because it is Haram money. Therefore it is incumbent upon him to get rid of it. He sends it to a mosque for example, without letting anybody know, or to a poor family without letting them know who the sender is, or anything similar to this. It has to be done in a way that does not manifest him giving charity or anything similar.
3. As to the reward for spending this money, then there is no reward for giving Haram money. Spending this money in charity does not amount to Sadaqah, because it is not Halal money that he owns. But he will be rewarded for leaving the Haram, Insha’Allah, i.e. cancelling his usurious transaction with the bank and getting rid of the Haram money. Allah Almighty accepts repentance from his servants and does not waste the reward of him who did a good deed.
Your Brother
Ata Bin Khalil Abu Al-Rashtah28 Jumada I1435 AH
29/03/2014 CE -
Q&A: Concerning Riba [Interest] Based Money
The Answer to the Question
Concerning Riba [Interest] Based Money
To: Ibrahim Abu Fathi
(Translated)Question:
Our eminent Ameer, may Allah preserve him and forgive his sins,
Assalamu Alaykum wa Ramatullahi wa Barakatuhu
Someone opened an interest-based bank account in one of the nowadays existing (usurious) banks and later realized that riba [interest] was added to his account. We know that Allah (swt) says in the explicit part of His Revelation:
“But if you repent, you may have your principal – [thus] you do no wrong, nor are you wronged.” [Al-Baqarah: 279]
There are contemporary Sheikhs and Scholars who authorize taking this money and not leaving it to the bank, under the pretext of not helping the bank in committing Haram and not committing another Haram by leaving the interest to the Bank.
The question is: What to do with the money that has been added to his capital? Is it permissible for him to take the interest-accrued money (riba money) and spend it on the poor or to repay his debts with it? Will he be rewarded for spending this money on the poor? Please advise us, Barakallahu Feekum, may He forgive your sins.
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuhu
Before answering your question of “what to do with the interest money”, it is obligatory upon the one dealing with interest with the bank to immediately terminate his usurious (riba) transaction. He has to repent to Allah subahanahu wa taa’ala with sincere repentance, and Allah Almighty says:
“Oh you who have believed, repent to Allah with sincere repentance.” [At-Tahrim: 8]
And He (swt) says:
“Except for those who repent, correct themselves, hold fast to Allah, and are sincere in their religion for Allah, for those will be with the believers. And Allah is going to give the believers a great reward.” [An-Nisa: 146]
At-Tirmidhi reports from Anas that the Prophet (saw) said:
“Every son of Adam makes mistakes. The best among those who make mistakes are the ones showing repentance.”
For it to be true repentance, and for Allah (swt) to forgive the sin of the one seeking repentance, it is incumbent upon the one seeking repentance to leave the sin, and to regret having committed it in the past, and to intend with strongest determination not to return to the like of it. In case the sin is related to another person’s right, then it is obligatory to return the right to its owners or to achieve exemption from them. If he has money that he took from them through theft or coercion, then he will have to return the money to its owners, as to rid himself of the malignant gain from a Shar’i perspective. Gaining money in a Haram manner carries an adverse punishment. Ahmad reported from Abdullah Bin Masood, who said: “The Messenger of Allah (saw) said:
“No servant gains money in a Haram manner…except that it drives him towards the fire.”
And At-Tirmidhi reported from Ka’ab Bin ‘Ujrah that the Messenger of Allah (saw) said:
“Oh Ka’ab Bin ‘Ujrah, no meat is collected that has been grown from Haram, except that the fire has more right over it.”
As for the bank’s interest on his money and how to get rid of it, the answer is as follows:
1. If he tells the bank “I want my capital only” and the bank’s regulations allow him to take his capital solely, then he shall take his capital.
2. But if the bank’s regulations do not allow so, rather they oblige him to take the interest along with his capital in one pay or otherwise they will not give him his capital, in this case he takes his capital along with the riba (interest) and gets rid of the latter. He puts it in charitable places stealthily, without showing that he is giving it in charity, because it is Haram money. Therefore it is incumbent upon him to get rid of it. He sends it to a mosque for example, without letting anybody know, or to a poor family without letting them know who the sender is, or anything similar to this. It has to be done in a way that does not manifest him giving charity or anything similar.
3. As to the reward for spending this money, then there is no reward for giving Haram money. Spending this money in charity does not amount to Sadaqah, because it is not Halal money that he owns. But he will be rewarded for leaving the Haram, Insha’Allah, i.e. cancelling his usurious transaction with the bank and getting rid of the Haram money. Allah Almighty accepts repentance from his servants and does not waste the reward of him who did a good deed.
Your Brother
Ata Bin Khalil Abu Al-Rashtah
28 Jumada I 1435
2014/03/29 -
Zakat on Trade Money
Question:
Assalamu Alaikum, I have a question about zakat. First, I’ll tell you the situation; I make profit on selling apartments. For example, I bought an apartment for 30,000 and sold it for 35,000, after one year I’ve made 20,000 profit. I had last year 100,000 and now I have 120,000; on which amount do I have to pay the zakat; 120,000 or 20,000?
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
It is clear from the question that you are trading in the purchase and sale of apartments. Accordingly, Zakat here falls in the category of Zakat in trade, and trade deals are liable to Zakat without the existence of dispute in this matter among the Sahaba. Abu Dawood narrated from Samurah bin Jundub who said:«أما بعد، فإن رسول الله صلى الله عليه وسلم كان يأمرنا أن نخـرج الصدقة من الذي نعد للبيع» “Further, the Messenger of Allah (saw) commanded us to divert the charity from what we were sell“… The obligation of Zakat in trades was narrated from Omar, and his son, and Ibn Abbas, and the seven scholars, and Hasan, Jabber, Tawoos, al-Nakha’i, a-Thawri, al-Awzaa’i, a-Shafi’i, Ahmad, Abu Obeid, the seven scholars of fiqh, and Abu Hanifa, and others.
Zakat is due on trade deals if their value reaches the value of the quorum (Nisab) of gold, or the quorum (Nisab) of silver, when a whole year (al-Hawl) has passed on them.
If the merchant began his business, with money that is less than a quorum, and at the end of the year the money reached a quorum, than Zakat is not liable on him; because the quorum did not complete a whole year. He is obliged to pay Zakat on this quorum, after it completely passes a whole year (al-Hawl).
If the merchant began trade with money that exceed a quorum, say he had started his business with a thousand dinars, and at the end of the year his business has grown, and earned, and became worth three thousand dinars, then he has to pay Zakat for the three thousand dinars, and not for one thousand dinars, which he started out with; nor for the profit only, which he earned from them, but for the entire amount that has become his i.e. for the “3000”. This is because the growth of the money that he began is included in this money and the time period of the resulting profit is the exact time period of the origin…
In other words, the issue is as follows:
1. When the value of the substance of trade reaches a quorum, it is twenty gold dinars i.e. 85 grams of gold, or two hundred silver dirhams i.e. 595 grams of silver… then this date is recorded and becomes the beginning of the year, “the Hijri year”.
2. At the end of the year (al-Hawl) the value of the substance of the trade that he has is calculated: (the capital and the profit) and he gives out Zakat at a rate of (1 out of 40) or (2.5%).
3. Therefore, the answer to your question is as follows:
a. In the previous year you had 100,000 to trade with, and this is more than a quorum.
b. As a result of trading in the purchase and sale of apartments you earned during the year 20,000.
c. At the end of the year, “al-Hawl”, you have 120,000.
d. Zakat is payable on all trade money, and not only on the profit. That is on the amount of the full trade, i.e. 120,000 at 2.5% i.e. 3000.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
13 Jumada I 1435
2014/03/14 -
Regarding Conferences, Protests and Seminars, and Has Hizb ut Tahrir Changed Its Method?
Question
A. Om Okasha
“Assalamu Alaikum wa Rahmatullah wa Barakatuh,
Our noble Sheikh, Ata Bin Khalil Abu Al-Rashtah:
I ask Allah to help you on the great effort you spend for the service of Islam and Muslims, and I ask Allah to crown these efforts with the declaration of the establishment of Khilafah on your hands soon, Ameen, Ameen.Anyway, there are those who make claims that the party has changed its method and that holding conferences is not appropriate, being an intellectual party…May Allah reward you.” (End)
B. Nona Amer
“Assalamu Alaikum wa Rahmatullah wa Barakatuh,
I have a question, and I hope that you could answer me. It came in the adoption of the scholar Taqiuddin (may Allah’s mercy be upon him), that he refused holding demonstrations … And now we see demonstrations being widely spread and that you yourselves organizing them. Is there legislative (sharia’h) evidence on your action?
Wassalamu Alaikum.” (End)
C. Wassim Kordoghli
“Assalamu Alaikum wa Rahmatullah wa Barakatuh our Ameer,
It is mentioned in the book of the Islamic State page 236, “It therefore follows that holding conferences on the issue of the Khilafah would not itself be a method for the establishment of an Islamic state …” My question Sheikh is why the party holds conferences and seminars while in its books it refuses to do such actions… please clarify the matter so we remove confusion.” (End)Answer:
Wa Alaikum Assalam wa Rahmatullah wa Barakatuh,
Your questions are similar in terms of the subject; they pertain to conferences, protests, and seminars, and whether the party has changed its method?The answer, brothers and sister, is that the party does not change its method since it is rightly derived from the Book of Allah the Almighty and the Sunnah of His Prophet (saw), and this is clearly and unambiguously detailed in the books of the party. Thus the stages of culturing, interaction and the establishment of the Khilafah … all are described with evidences in our books.
We call on people to carry the Islamic Call (Da’wah), and those who respond we join them in the party and become part of its Shabab… As well as we carry out actions to create public opinion emanating from general awareness … and ask the support of the people of power and establish the Khilafah, Allah willing.
This method for the establishment of the state, as we have mentioned, was derived from the correct manner, Allah willing, following the method of RasulAllah (saw), since his (saw) Revelation until the establishment of the state in Medina al-Munawarrah i.e. culturing, to build up the party’s body, and interaction with the Ummah through public work, to create public opinion emanating from public awareness, and then requesting the victory and the establishment of the state…
It seems that the confusion comes when those who raised the questions have mixed between the actions of public opinion in the stage of interaction and the establishment of the state … The issue of this confusion will be clarified as follows:
1. If it was asked what are the actions for creating public opinion during the stage of interaction, we say all the actions which involve the interaction with the Ummah, based on the Islamic thoughts and its rulings. Such as holding lectures, seminars, conferences, protests that we manage them and lead them with our banners and chants … If we are able – and similar actions…:
a. Thus the Messenger (saw) gathered people at Safa and addressed them:• Al-Bukhari narrates from Ibn Abbas, may Allah be pleased with him: When it was revealed: (وَأَنْذِرْ عَشِيرَتَكَ الأَقْرَبِينَ), “and warn ]O Muhammad[, your closest kindred.” [Shu’ara: 214], the Prophet (saw) ascended the mountain Safa, and called out loudly: «يَا بَنِي فِهْرٍ، يَا بَنِي عَدِيٍّ» “O Banu Fehr, O Banu Uday” – all the clans of Quraish – until they gathered. Everyone who could, he came. He, who could not, sent another one to represent him. Then Abu Lahab and Quraish came. He (saw) said: «أَرَأَيْتَكُمْ لَوْ أَخْبَرْتُكُمْ أَنَّ خَيْلًا بِالوَادِي تُرِيدُ أَنْ تُغِيرَ عَلَيْكُمْ، أَكُنْتُمْ مُصَدِّقِيَّ؟» “If I were to tell you that an army is advancing from the valley to attack you, will you believe me?” They replied, “Yes, we have only found you truthful”, he said: «فَإِنِّي نَذِيرٌ لَكُمْ بَيْنَ يَدَيْ عَذَابٍ شَدِيدٍ» “Then I am a plain warner onto you of a severe punishment”. Abu Lahab said, “Is it for this you gathered us? May you perish the rest of the day!” Then Allah (swt) revealed (تَبَّتْ يَدَا أَبِي لَهَبٍ وَتَبَّ مَا أَغْنَى عَنْهُ مَالُهُ وَمَا كَسَب) “May the hands of Abu Lahab be ruined, and ruined is he. His wealth will not avail him or that which he gained.” [Al-Masad: 1-2]
• Also Muslim narrated from Ibn Abbas, that he said: When this verse was revealed:(وَأَنْذِرْ عَشِيرَتَكَ الْأَقْرَبِينَ) “And warn, [O Muhammad], your closest kindred.” [Ash-Shu’ara: 214] (and the sincere heads of your family), RasulAllah (saw) ascended the mountain of Safa and called aloud, «يَا صَبَاحَاهْ» “Ya Sabahah” (O, the calamity of the morning!). They said: Who is this who calls? They said: Muhammad. When they gathered, he (saw) said: «يَا بَنِي فُلَانٍ، يَا بَنِي فُلَانٍ، يَا بَنِي فُلَانٍ، يَا بَنِي عَبْدِ مَنَافٍ، يَا بَنِي عَبْدِ الْمُطَّلِبِ» “O Bani so and so, O Bani so and so, O Bani Abd Manaf, O Bani Abdul Muttalib”, they assembled around him, he (saw) said: «أَرَأَيْتَكُمْ لَوْ أَخْبَرْتُكُمْ أَنَّ خَيْلًا تَخْرُجُ بِسَفْحِ هَذَا الْجَبَلِ، أَكُنْتُمْ مُصَدِّقِيَّ؟» “If I were to tell you that there are horses behind this mountain, would you believe me?” They said, “We have never experienced a lie from you. He said: «فَإِنِّي نَذِيرٌ لَكُمْ بَيْنَ يَدَيْ عَذَابٍ شَدِيدٍ» “Then I am a plain warner onto you of a severe punishment.” Abu Lahab said, “May you perish! Did you summon us to this?”, and then Allah (swt) revealed this Surah: May the hands of Abu Lahab be ruined, and has ruined, to end of the Surah as read by Al-A’amash.
• It is also narrated by Ahmad bin Yahya bin Jabir ibn Dawood Albuladhira (died 279 AH) in his book: Sentences of the Lineages of the Nobles. He said that Mohammed bin Saad and Al Waleed Bin Saleh told me, from Mohammed bin Omar Waaqidi, from Ibn Abi Sabrah, from Omar bin Abdullah, Ja’far bin Abdullah bin Abi Al-Hakam said: When this verse was revealed to RasulAllah (saw): (وَأَنْذِرْ عَشِيرَتَكَ الْأَقْرَبِينَ) “And warn, [O Muhammad], your closest kindred.” He was strengthened by it… RasulAllah (saw), sent to Bani Abdul Muttalib, they came with a group of Bani Abd Manaf, all of them counted forty-five men … RasulAllah (saw) invited them to another meeting, and he said: «الْحَمْدُ لِلَّهِ أَحْمَدُهُ، وَأَسْتَعِينُهُ وَأُومِنُ بِهِ وَأَتَوَكَّلُ عَلَيْهِ، وَأَشْهَدُ أَنْ لا إِلَهَ إِلا اللَّهُ وَحْدَهُ لا شَرِيكَ لَهُ». “I celebrate Allah’s praise, I seek His help, I believe in Him, I put my trust on Him, I bear witness that there is no god to be worshipped but Allah alone with no associate”. Then he (saw) said, «إِنَّ الرَّائِدَ لا يَكْذِبُ أَهْلَهُ. وَاللَّهِ لَوْ كَذَبْتُ النَّاسَ جَمِيعًا، مَا كَذَبْتُكُمْ. وَلَوْ غَرَرْتُ النَّاسَ، مَا غررتكم وَاللَّهِ الَّذِي لا إِلَهَ إِلا هُوَ، إِنِّي لَرَسُولُ اللَّهِ إِلَيْكُمْ خَاصَّةً وَإِلَى النَّاسِ كَافَّةً. وَاللَّهِ، لَتَمُوتُنَّ كَمَا تَنَامُونَ، وَلَتُبْعَثُنَّ كَمَا تَسْتَيْقِظُونَ، وَلَتُحَاسَبُنَّ بِمَا تَعْمَلُونَ، وَلَتُجْزَوُنَّ بِالإِحْسَانِ إِحْسَانًا وَبِالسُّوءِ سوءا. وَإِنَّهَا لَلْجَنَّةُ أَبَدًا، وَالنَّارُ أَبَدًا. وَأَنْتُمْ لأَوَّلُ مَنْ أُنْذِرُ». “A guide can never lie to his people. I swear by Allah, if I lie to all the people, I will never lie to you. If I delude people I will never delude you. I swear by Allah, there is no god but He, and that I have been sent as a Messenger to you, in particular and to all the people, in general. I swear by Allah, you will die just as you sleep, you will be resurrected just as you wake up. You will be called to be accounted for your deeds. It is then either Jannah (Paradise) forever or Fire (Hell) forever. You are the first to be warned”. Abu Talib replied, “We love to help you, accept your advice, and believe in your words. These are the sons of your father are gathered, and I am one of them, but I am the fastest to do what you like. So do what you have been ordered. I shall protect you and defend you, but I can not relinquish the religion of Abdul Muttalib until I die for what he died”. And the folk spoke soft words, but Abu Lahab said, “O Banu Abdul Muttalib, I swear by Allah this is a bad thing. You must stop him before others do, then if you surrender him to them you will be humiliated, and if you protect him you will be killed”. Abu Talib then answered, “I swear by Allah, to protect him as long as I am alive”.
• Thus, gathering people and speaking to them is part of the public work that is done.
b. The Prophet (saw) led the Muslims in two rows Omar was leading the first, and Hamza leading the second:
Abu Naeem Ahmed bin Abdullah bin Ahmad bin Ishaq bin Musa bin Mehran Al-Asfahani (died 430 AH) narrated in his book entitled Hilyatul Awliyaa wa Tabaqatul Asfiyaa The Beauty of the Righteous and the Ranks of the Elite that Ibn Abbas said, I asked Omar may Allah the Almighty be pleased with him: “For what reason you are called Al- Farouq? He said: “Hamza accepted Islam three days before me; then Allah opened my heart to Islam …So I said: Where is the RasulAllah (saw)? My sister said: He is in Dar ul-Arqam Ibn ul-Arqam at al-Safa”. So I headed to the house… I said, “I bear witness that there is no god but Allah alone with no associates, and I bear witness that Muhammad is His servant and Messenger”. He said, “Upon hearing that, the believers exclaimed ‘Allahu Akbar!’” and their loud voices were heard by those living in the vicinity of the Mosque. Then I said, “O RasulAllah, would we not be right, regardless whether we live or die?” He (saw) said,«بَلَى وَالَّذِي نَفْسِي بِيَدِهِ، إِنَّكُمْ عَلَى الْحَقِّ إِنْ مُتُّمْ وَإِنْ حَيِيتُمْ» “Indeed, I swear by Him whose hand my soul stands, that you are right whether you live or die”. Omar then said, “Why hide then? I swear by Him who sent you with the message of truth that you should come out”. We then walked out with the Messenger of Allah (saw) in two rows, Hamza leading one, and me the other, until we reached the Sacred Mosque, he said: “I looked at Quraish and to Hamza, and realized that Quraysh became distressed as never before”. Then RasulAllah (saw) called me Al-Farouq; and Allah distinguished between truth and falsehood”.
(End)
Thus, rallies are acts of public opinion to move people and make them aware of the ideas of Islam and its rulings. They are held by the condition that we can perform them with our banners, cheers and thoughts, but we do not join others in public actions that we do not lead. This is because when the Prophet (saw) led the Muslims in that march, Muslims did not join other movements under mixed leadership, but Muslims took two rows in a march led by RasulAllah (saw).
2. But if one said what is the method to establish the Khilafah: Is it through demonstrations? We say no … Is it lectures? We say no … Is it conferences? We say no … for these and similar actions are acts of creating public opinion that take place in the stage of interaction, and are not the method of the establishment of the state. Rather, the method of establishing the state is as we have mentioned at the beginning and it ends with the actions of seeking of the Nusrah (support) and the establishment of the state.
This is the subject, and perhaps it is now clear. Therefore, there is no contradiction between what is written in our books and our actions. Thus our saying in our books that holding conferences, rallies, protests, and seminars … Is not the legitimate way based on evidence set out to establish the state … This saying is true. Also, if we say that these are public actions that take place at the stage of interaction, if we can carry them out according to its manner… this is also true to say. There is no contradiction between the content of what the books say, and the actions that we do…. Just have to read these words that are written in our books in the context in which it is used; they must be read with conscious mind and enlightened vision, and matters will become clearly evident, Allah willing…
Still there is a question that is not included in the questions, but may be contained in the minds of some, that is: So, why the party has not held a conference or organized a march in previous years?The answer to this question is clear from what was mentioned earlier, we do not do acts of public opinion for a march or demonstration and the like unless we can lead them in an apparent and proclaimed manner, and with our banners and chants; without interspersing banners and chants in the form of mixing the hobble with the noble, and that the time and the place for holding are suitable according to the purpose for which we seek… if this is possible then we do these actions, but if it is not then we do not.
And for information we had previous attempts in the sixties, when Bourguiba visited Jordan calling for reconciliation with the Jews. The party organized in the era of Abu Abraham (Allah’s mercy be upon him), delegations that was more like a march, and some of them marched out to the prime minister in Amman, while in Jerusalem and in Hebron they marched to their governors … I was with them in Hebron, and so I will convey what I attended:
The Ameer of the Hizb had ordered the party’s members and their supporters to assemble at a certain hour, ten o’ clock in the morning, in the main street in the city of Hebron. Then we walked out to the province, the building which is now demolished, and when we came down the street the security chiefs came, and discussion and controversy occurred… What it is important is that we could not get out walking, but they allowed us to go out riding, so we boarded cars and buses and went to the building. We were many in numbers … we fulfilled the task and we came back… Thus, the issue is that such actions, if we can lead them on our own, and we see that they are appropriate we do them, but if we cannot lead the work and control it, or if we do not see it appropriate at certain circumstances we do not do it.
This is like establishing a media office, it is an act of public opinion that if we were able to do it we do, but if we cannot do it we don’t. For example, it was not possible in the era of the founder Ameer to announce a spokesperson for us, hence we did not. However, in the reign of the second Ameer, he commissioned me to be a spokesman in Jordan, and I became a client of the prison, hardly came out then taken back again … But now we thank Allah that now we have set up more than one media office … And all are acts of public opinion. But if someone were to ask: Is the establishment of the Media Office is a method for the establishment of the Khilafah?
The answer is no.And now back to the beginning; we ask:
Is giving lectures part of public actions that we do in the stage of interaction? The answer is yes.
Is holding conferences part of public actions that we do in the stage of interaction? The answer is yes.Are protests that we lead with our preparations, are they actions of public opinion that we do at the stage of interaction? The answer is yes … Is the setting up of media offices part of public actions that we do in the stage of interaction, the answer is yes.
But if we ask:
Is giving lectures a method to establish the state, the answer is no.
Is holding conferences a method to establish the state, the answer is no.
Is holding protests a method to establish the state, the answer is no.
Is the establishment of media offices a method to establish the state, the answer is no.
It is clear that the first questions are about the actions of public opinion at the stage of the interaction, and the second questions are about the method of the establishment of the state. They are two issues, and are not the same question, and each issue has its answer. There is no contradiction between the two issues or between the two answers…
We ask Allah that this matter has been clarified, unambiguously, and that anyone who seeks to attain the right will realize it and act upon it. But those who seek the falsehood, it will not benefit them any further explanation or statement. Because they did not ask for falsehood in order to know the truth; they are two things that do not meet. And Allah is predominant over His affair, but most of the people do not know.
Your brother,
Ata Bin Khalil Abu Al-Rashtah06 Rabi’ I 1435
2014/01/07 -
Debunking 10 Myths amongst the Ummah
The Muslim Ummah has gone through a tumultuous period ever since the destruction of the Khilafah. But matters did not end there. Our lands were dismembered, agent rulers were brought power, the Ummah was divided by new borders and chaos and anarchy ensued. Many, in attempting to understand this complex reality arrived to a variety of conclusions. Some who benefited from the new status quo, peddled specific opinions to preserve their positions or benefit from the chaos. In pursuit of answers a confused mentality amongst the Ummah emerged. Today we hear many conspiracy theories which attempt to reconcile the reasons as to why the Ummah is in the position it is today. This article will highlight some of these and assess their validity.
1. The Jews control the world
Besides representing a mere 0.2% of the world population, the Jews are shrouded by a mythical aura of invincibility and it is often heard by Muslims that “The Jews” control the world. One reason for this may lie in the establishment of a Jewish State in the heart of the Muslim lands which has not only managed to survive for 64 years but has even managed to expand its borders.
If the theory that the ‘Jews control the world’ was true, some questions arise; Why have they not yet been able to destroy Palestine and end the ongoing conflict that has lasted for over 5 decades? If they control the world why are they threatened by the rapprochement between US-Iran? If they control the world why do they make such exhaustive lobbying efforts?
The reality is the Jews do not control the world. They seek to influence public policy by using the façade of human rights and democracy to protect the existence of Israel. Jewish lobby groups are known for their success in encouraging US Lawmakers to support policies in line with its interests such as the right for Israel to exist. There is no secret as to why the US aids Israel with billions of dollars and increasing every year, since from a political viewpoint it achieves a strategic objective for the US such as curtailing influence of neighbouring states in order to preserve its hegemony in the region. The Jews don’t control the world, they exert influence and there is a big difference between control and influence.
2. The Mahdi will come and save us
The return of Imam Mahdi is used as an excuse and justification for inaction, taking the fatalistic view that we as an Ummah cannot, and even should not, do anything about the corrupt situation until the Mahdi appears at the end of time and establishes the Khilafah. However, an authentic hadith shows that the Khilafah will have been established by the Muslims before the coming of the Mahdi. This can clearly be seen in the hadith narrated by Umm Salamah (RA) that the Messenger of Allah صلى الله عليه وسلم said:
“Disagreement will occur at the death of a caliph and a man of the people of Medina will come flying forth to Mecca. Some of the people of Mecca will come to him, bring him out against his will and give bay’ah to him between the Rukn and the Maqam. An expeditionary force will then be sent against him from Syria but will be swallowed up in the desert between Mecca and Medina. When the people see that, the God fearing people of Syria and the best people of Iraq will come to him and swear allegiance to him between the Corner and the Maqam. Then there will arise a man of Quraysh whose maternal uncles belong to Kalb and send against them an expeditionary force which will be overcome by them, and that is the expedition of Kalb. Disappointed will be the one who does not receive the booty of Kalb. He will divide the property, and will govern the people by the Sunnah of their Prophet (peace be upon him) and establish Islam on Earth. He will remain seven years…” (Reported by at-Tabarani in al-Awsat. According to Ibn Hajar in his Majma’ az-Zawaid the transmitters in at-Tabarani’s narration are sound and authentic.)
The above hadith states that disputes will take place at the death of the Khaleefah and consequently a man will come forth who after being given bay’ah as the Khaleefah will declare himself to be the Mahdi. So clearly Mahdi will not establish the Khilafah Rashidah that will return as foretold in the ahadith. Moreover he will not be the first Khaleefah after the destruction of the Khilafah and nor will he be the last Khaleefah. Rather, he will be a just Khaleefah who will establish the justice of Islam on earth. This is from the perspective of the account of the story as prophesised by the Prophet صلى الله عليه وسلم
3. Free masons are destroying Islam
The widespread attacks on Islam by the media led Muslims to explore and understand the nature of these attacks and why Islam is constantly under the spotlight. A freemasonry explanation seems to satisfy the minds of many by showing that there is a hidden agenda to destroy Islam. In 1987, an Egyptian writer Sa’id Ayyub published a book arguing that there was a link between freemasonry and Dajjal. These theories were elaborated and popularised among the Ummah by the English convert to Islam David Misa Pidcock. Since the events of 9/11, the idea that the freemasons worship the devil has become widespread amongst Muslims. Some Muslims argue that freemasonry promotes the interests of the Jews and their aim is to rebuild the Temple of Soloman in Jerusalem after destroying the Al-Aqsa mosque. A recent video series called the Arrivals which reinforced these ideas went viral on social media and many Muslims caught on to this.
The reality is that indeed there is an attack to secularise Islam and prevent the rise of the Khilafah. However this attack needs not to be attributed to a secret masonry organisation which no one knows about except from a few leaks on YouTube. Rather the attack is notably carried out by all of the current superpowers of the world including America, Britain, France, Russia, Germany who work tirelessly to malign the political elements of Islam and secularise the deen so that Muslims across the globe adhere to the Western values such as the freedom to obey your desires as oppose to adhere to the Shariah of Allah سبحانه وتعالى. So we see that any Muslims who discuss Islam politically and talk about the Khilafah or the desire for the implementation of Islam in the Muslim World are labelled as extremists, radicals, and Islamists e.t.c. A retired British General, Richard Dannatt confirmed this when he said about the war of occupation in Afghanistan
“For those who are brave enough to acknowledge it, the Islamists’ long-term objective is clear, although deliberately understated: the restoration of the historic Islamic caliphate, running through South Asia, the Middle East, North Africa and up through south and south-east Europe. The problem is that it is not time-dependent: they are prepared to follow a timetable far longer than those in liberal democracies can accept. As the insurgents often say, we may have the watches, but they have the time. This is why, while I welcome President Obama’s statement of intent – which we will succeed – the talk of a timeline for withdrawal was misjudged.”
4. The Ummah is not ready for Shari’ah rule
Ever since the Khilafah was destroyed in 1924, the Ummah lost its vehicle to establish the Shari’ah of Allah سبحانه وتعالى and the constitutions of her lands were changed from being the Shari’ah of Allah سبحانه وتعالى to man-made secular constitutions as illustrated in the Western World. As a result ideas that are foreign to Islam such as ‘sovereignty belongs to man’ and an individual has the ‘freedom’ to act in accordance to his desires has led to many Muslims from restricting their actions within the commands and prohibitions of Allah سبحانه وتعالى to doing as they please. So many Muslims witness others who are not following the Shari’ah and thus hold a view that we are not ready for the Shari’ah rules to be implemented in the world.
However, these realities do not mean that the Ummah are not ready for Shari’ah Rule. Infact overwhelming percentages of Muslims in many countries want the Shari’ah to be the official law of the land as annual surveys have shown year in year out such as the Pew Forum. They found in some countries up to 99% favoured the Shari’ah such as Afghanistan and in others such as Bangladesh, Morocco, Pakistan, Malaysia, Palestine and Iraq all had above 80% who want the Shari’ah . Moreover, the Shari’ah must be implemented irrespective of the strength or weakness of the Ummah since this has been obliged upon the Ummah. Allah سبحانه وتعالى says,
فَاحْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ ۖ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّ
“And rule between them by that which Allah revealed to you, and do not follow their vain desires away from the truth which came to you.” (al-Ma’idah, 48)
Allah سبحانه وتعالى does not command something that the Ummah are incapable of thus the question of the implementation of the Shari’ah is therefore not an optional one based on preferential condition of the Ummah being in a state of strength or weakness, rather it is a task which has to be done regardless if the Ummah appears to be ready or not .
5. The Ummah is too divided
Eid on different days, allegiances to different mosques and the perpetuation of infighting between Muslims over their school of thoughts or groups each abdicating the other are realities which the Ummah witnesses on a year after year. These issues which are almost consistent around the world in their relative communities can easily project a disheartening scene of the Ummah thus leading to a defeatist argument that we as an Ummah are simply too divided to bring about any global change. However the ‘difference of opinion’ between Muslims have existed as long as Islam itself. Whilst it is healthy to have a diversity of views it can also be problematic if certain differences are not resolved. Indeed the enemies of Islam use such differences to “divide and conquer” the Muslim lands. The US invaders in Iraq for example stoked up sectarian strife in Iraq between Sunnis and Shia’s – so that they could take control of the country.
There is however a method to resolve differences between the Ummah. It is well known that individual Sahaba had differences of opinion and there are Shari principles that have been deduced to resolve differences which are; “The Imam’s decree settles the disagreement” And “The Imam’s decree is executed openly and privately.” All Muslims including the scholars, have to follow the opinion adopted by the Khalifah. Differences of opinion amongst Muslims have occurred in the past and will occur in the future. The correct framework to handle them is through the Khilafah state – as any other route will merely lead to confusion, conflict, anarchy and chaos. The Ummah is indeed divided, however the cause and the root of these divisions is the absence of a leader, thus the view that ‘Ummah is divided’ is not the cause of the sad state of affairs we are in, rather it is an inexorable outcome in the absence of a leader .
6. The Ummah is too weak
Albeit our glorious history, many believe that the Muslim world is weak and cannot present a challenge to the major powers of the world. Corrupt governments, poverty-stricken populations and the lack of modernisation in infrastructures can lead one to hold a pessimistic view about the capabilities of the Ummah. However, despite this some of the Muslim countries have made some key military advances such as Pakistan, Turkey, Iran and Indonesia. Below are just some statistics to illustrate the readiness of the Ummah in regaining its position in the international arena .
• Pakistan has the 6th largest army in the world
• Turkey has the 7th largest army in the world
• Turkey has the second largest army within NATO
• Turkey has plans to develop its own fighter jet (in house) by 2020
• Iran has produced key military hardware such as Radar technology and Missile Systems
• The Turkish navy, With 14 diesel electric attack submarines and 17 frigates, is the most powerful fleet in the Middle East and North Africa
• Both Turkey and Egypt possess over 200 F-16’s all of which are capable of undertaking precision ground strikes and intercepting enemy aircraft beyond visual distances
The Ummah must not forget the world’s most sacred resources lie in the Muslim World, from coal, oil, gas to young populations to vast fertile agricultural land all over the Muslim countries. The physical capabilities are already present, what’s missing is the political management of these resources and a sincere leader who fears Allah سبحانه وتعالى and works at the service of the Ummah alone.
7. The US is too powerful
Whilst the USA began the 21st Century of the World’s unrivalled superpower dominating politics, economics, foreign policy and globalisation, the position of the US is very different now. The war on terror and its subsequent wars have caused a fault line as the US has been busy consumed with two wars which lasted longer than WW1 and WW2 combined. Its treatment of the Muslims through Guantanamo Bay, Abu Ghraib and its extraordinary rendition, torture and anti-terror legislation has shown the world that it is has no right to speak of human rights, democracy and has nothing to offer the world in terms of values. Economically, it has led the world to a global recession. The US indebted to the tune of just under $40 trillion – nearly 75% of what the world produces. In a Harvard report it was calculated that 10% of the US population owned 71% of the nation’s wealth, whilst the top 1% controlled 38%. On the other hand, the bottom 40% owned less than 1% of the nation’s wealth, this has created 37 million Americans who live below the poverty line and huge economic disparity. This shows that America’s reign of supremacy is no longer tenable.
America’s precarious exceptionalism was summed up by a US writer:
“The United States is at the end of the period of global leadership and domination that we’ve enjoyed for the last 50 years or so. The country is bankrupt economically. We’ve lost our edge in terms of politics, economics, socially. We no longer compare well with other countries around the world, and we’re not admired as we once were by countries around the world. And we’re not viewed as a model for economic and political development, as we once were. So this really marks a global shift in world history, both for the United States and the rest of the world. It is a gloomy picture, and this wasn’t an easy book to write for that reason. But I think the facts speak for themselves. If you look at the United States, both in terms of comparing us to 20 years ago or in comparing us to other developed countries in the world, the United States doesn’t come out on top on almost any measure anymore. And this has long-term implications that are going to affect the way we live and the role we play in the world. So it is a gloomy picture, although I think there are ways in which the United States can eventually emerge from this in a solid position.” David S Mason, ‘The End of the American Century’.
8. Saudi Arabia is an Islamic State
Hosting the yearly Hajj pilgrimage Saudi Arabia often receives compliments for the organisation of one of the pillars of Islam. Many of the older generation hold sympathetic views towards Saudi Arabia since the land is inherently connected with Islam. We see aspects of the Shari’ah implemented and moreover, it is a country where many Muslims go today for studying the deen and no doubt we see millions of books published from Saudi Arabia. These factors have led many to think that Saudi Arabia hold the greatest resemblance to Islam today and is the closest to an Islamic State.
However besides being a monarchical political structure, Saudi Arabia violates the criteria for being Dar al-Islam in many ways. Being part of the United Nations alone is enough for it not to be considered an Islamic State, since the sovereignty of the Islamic State belongs to Allah سبحانه وتعالى alone, not any other institution . Whilst Saudi may have partial rules of Islam pertaining to some areas of the state, it is not permissible for the Shari’ah to co-exist with rules from another ideology. Moreover in an Islamic State the allegiance of the state is to the interests of the Muslims alone, in Saudi it is no secret that Saudi’s allegiance is exemplified in the form of a bilateral relationship with the U.S. A Wikileak Memo revealed that the Saudi and U.S are ready to publicly defend their relationship . We have also seen that besides utilising its vast economic wealth on a pulverised Ummah it will goes to the extent of military force to protect its interests even if against the Muslims as we saw in 2011 when the Sheikhdom sent their troops to Bahrain not to help the Muslims but to surpress the uprisings
Allah سبحانه وتعالى says,
وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنْزَلَ اللَّهُ إِلَيْكَ
“So rule between them by that which Allah has revealed, and follow not their desires, but beware of them in case they seduce you from just some part of that which Allah has revealed to you” (Al-Maaida, 5:49)
9. The Islamic system is outdated and not fit for the 21st Century
The concept of Shari’ah and the Islamic legal System, is ferociously attacked. The media portrayal of life under Shari’ah where beating of women, beheadings and lashings everyday occurrences, are now all too familiar images. Since the demise of Islam at a state level, the Shari’ah has ceased to be the basis of legislation in the Muslim world. What remains of the Shari’ah in the Muslim world is only a few scattered laws that are applied haphazardly. This has erroneously given the impression of the unsuitability of Shar’iah in the 21st century to deal with new issues and to solve modern, day-to-day problems.
Islam views the human being as composed of instincts and needs continually facing problems in how to satisfy them. The Islamic texts came to address men and women as human beings, not just as individuals living in the seventh century Arabian Desert. Humans today are the same humans who lived 1400 years ago and will continue to be the same human in another 1400 years’ time. There is no doubt that the world is radically different, in the past people would live in huts and today we have skyscrapers, but we still need roofs over our heads. In the past our Prophet PBUH sent messengers to other rules on horseback whereas today a message can be sent via email or SMS. Islam is a timeless ideology that is applicable for all centuries and has the capacity to deal with all new realities whether these are scientific such as Cloning and Space Travel or to do with new warfare such as Intercontinental Ballistic Missiles.
10. The only way to create any change is by mimicking the Western world.
From economics to politics, education to innovation the Muslim Ummah holds a deeply engrained thinking that the only way to pull itself out of the current situation is to mimic the actions of the Western states. This belief is not built on an intellectual conviction in Western ideals such as democracy and Capitalism but rather a superficial logical assumption that by adopting Western thinking the Muslim world can too become economically wealthy and politically independent as the Western states.
In a world of global values it is difficult to escape the constant push for the adoption and implementation of democratic parliamentary systems and free market policies. There seems for some no other way. This mirage of power and success the Western “developed” states project to the world is possibly their greatest power.
It is this basic mindset that leads to many of the myths that have been discussed earlier. To completely rid itself of this constrained thinking, Muslims must adopt a completely new mind-set based on the Islamic sources.
The western world is just a mirage of success which hides its societal failings such as greedy bankers, social break down and political distrust. It is not a coincidence that ordinary Western non-Muslims are demanding a change to the way Western governments are run.
References
http://en.wikipedia.org/wiki/Israel_lobby_in_the_United_States
http://www.fas.org/sgp/crs/mideast/RL33222.pdf
http://www.khilafah.com/index.php/the-khilafah/issues/7726-the-coming-of-al-mahdi-and-the-establishment-of-the-khilafah
http://www.telegraph.co.uk/news/worldnews/asia/afghanistan/6738109/A-deadline-for-withdrawal-in-Afghanistan-plays-into-the-enemys-hands.html
http://www.pewforum.org/2013/04/30/the-worlds-muslims-religion-politics-society-overview/
http://www.khilafah.com/index.php/the-khilafah/issues/597-the-re-establishment-of-the-khilafah-is-an-obligation-upon-all-muslims
http://www.khilafah.com/index.php/the-khilafah/issues/2752-the-obligation-of-khilafah
http://islamicsystem.blogspot.ae/2012/03/working-towards-establishing-islamic.html
http://host-215-67-22-178.cloudsigma.com/index.php/concepts/islamic-culture/5891-only-the-khilafah-can-resolve-differences-of-opinion
http://www.khilafah.com/index.php/the-khilafah/issues/15425–the-military-of-the-future-khilafah
http://www.khilafah.com/index.php/comment/17071-us-exceptionalism-10-things-the-us-is-exceptional-at
http://islamicsystem.blogspot.ae/2006/05/is-saudi-arabia-islamic-state.html
https://wikileaks.org/wiki/CRS:_Saudi_Arabia:_Current_Issues_and_U.S._Relations,_May_22,_2008
http://www.nytimes.com/2011/03/15/world/middleeast/15bahrain.html?pagewanted=all&_r=0 -
Q&A: Collection of the Holy Qur’an, The Seven Recitations and Tafsir of the Ayah: “While Allah created you and that which you do”
The following is a draft translation of a collection of Questions asked to the Scholar Shekh Ata’a Abu Rashta.
Questions:
Dear Brother, Assalamu Alaikum wa Rahmatullahi wa Barakatahu
1. In the book Ash-Shaksiyah 3 (Islamic Personality Volume III), under the topic “The First Evidence – The Book”, under the point “Fourth” it says: “The research on it does not concern the question whether it is from the Qur’an. Rather it concerns its submission and delay…” What is meant by that?
2. Concerning the recitations: Some consider the recitations that were transmitted through Tawatur to be seven, others consider them to be ten. What is the correct opinion on this issue?
3. The recitations that were transmitted as Ahad (not reaching the status of Tawatur), and are in harmony with the Uthmani scripture and the Arabic meaning, how to treat them? Can they be applied for recitation?
Also the odd recitations that have been transmitted as Ahad but do not correspond with what has been written in the Mushaf, how to treat them?
4. Do you have a specific assessment on the issue of the seven letters?
5. I have another questioning pertaining to Tafsir and hope that I have not overburdened you. The question concerns the explanation of the holy Ayah:
وَاللَّهُ خَلَقَكُمْ وَمَا تَعْمَلُونَ
“While Allah created you and that which you do?” (As-Saffat, 37:96)
Some of the translations I have consulted say: It is possible that it is the origin and it is possible that it is the consequence, so how to decide between the two? What is the impact on the Islamic schools of thought in connection to the topic of al-Qadaa’ wal-Qadar?
Barakallahu Feek, may Allah open the gates of His blessings on you.
Wassalamu Alaikum wa Rahmatullahi wa Barakatahu
Kamal
Answer:
Wa Alaikum Assalaam wa Rahmatullahi Wabarakatahu
1. What you have mentioned from what came in As-Shaksiya 3 (Islamic Personality Volume III)… There was a confusion which has been revised and corrected, and the passage became as follows:
“Fourth: The collection of the Qur’an is a controversy transferred from the Prophet صلى الله عليه وسلم, because transmission is upon hearing from the Prophet صلى الله عليه وسلم verbally, and this is the subject of research. The collection of verses into one Mushaf does not concern the question whether the Ayat are from the Qur’an, and the collection was not through scripture from the Huffaz. Rather it was a gathering of papers that had been written down between the hands of the Prophet صلى الله عليه وسلم and were then arranged according to every Surah as read by the Messenger of Allah صلى الله عليه وسلم, then encountering what the Huffaz had from it of the Qur’an and storing them in one place…”
2. The Recitations transmitted through Tawatur (repeated chains of transmissions):
A. The seven recitations transmitted through Tawatur are the ones by which the Muslims read in the presence of the Messenger of Allah صلى الله عليه وسلم as much as Allah willed. They are collected in Uthman’s Mushaf (ra). A number of the Tabi’in and their Tabi’in from the Scholars of recitation collected the recitations and their lines of transmission (Isnad). In the books they laid down the lines of transmission in detail, inspecting all of which is connected to them.
These are the Scholars, the owners of the seven recitations:
– Nafi’ Bin Abdul Rahman Bin Abi Na’eem Al-Lithi (Mawlahum) Abu Ruwaim the Madinese Reciter, died in 169 AH in Madina.
The ones who narrated from him were: Qalun, who died around 220 AH in Madina and Warsh, who died 197 AH in Egypt.
– Abdullah Bin Kathir Abu Mu’abbad Mawla ‘Amro Bin ‘Alqama al-Kanani ad-Dari al-Makki, who has born 45 AH in Mecca and died in Mecca in 120 AH.
The ones who narrated from him were: Al-Bazzi Ibn Abi Bazza, the Meccan Muaddhin who died 250 AH in Mecca and Qunbul al-Makki al-Makhzumi, who died 291 AH in Mecca.
– Abu ‘Amro Bin al-‘Ala’ al-Mazani, the reciter of the people of Basra who was born in Mecca in 68 or 70 AH, he grew up in al-Basra and died in Kufa in 154 AH.
The ones who narrated from him were: Ad-Duri who resided in Baghdad and died 246 AH and As-Susi who died 261 AH.
– Abdullah Bin ‘Amir al-Yahsabiy, the Imam of the people of ash-Sham in recitation, he was from the Tabi’in and died in Damascus in 118 AH.
The one who narrated from him was: Hisham Bin ‘Ammar ad-Dimashqiy, born 173 AH and died 242 AH in Damascus.
– ‘Assim Bin Abi an-Najud al-Assadiy (Mawlahum) al-Kufiy, who died at the end of the year 127 AH.
The one who narrated from him was: Shu’ba al-Kufiy al-Assadiy al-Bazzaz al-Kufiy, who died around 190 AH.
– Hamza Bin Habib az-Ziyat al-Kufiy, born 80 AH and died 156 AH in Hulwan.
The ones who narrated from him were: Khalaf Bin Hisham al-Bazzaz, who died in Baghdad in 229 AH and Khalad Bin Khalid al-Kufiy, who died in Kufa in 220 AH.
– Al-Kasa’iy (because he resided in Kasa’) al-Kufiy, the reciter with Nahuw, born around 120 AH and died in Ranbawih in 189 AH.
The ones who narrated from him were: Abul Harith al-Laith Bin Khalad al-Bahgdadiy, who died in 240 AH and Hafs ad-Duriy, who was the former narrator from Abi ‘Amro.
The Masahif that are currently being printed come in the recitation of Hafs from ‘Asim, in the same scripture used by ‘Uthman (ra). There are other print versions of the Mushaf that come in the recitation of Warsh or Qalun from Nafi’, especially in some African regions.
The best known among the Scholars who collected the seven recitations is Imam Ahmad Bin Musa Bin al-Abbas, better known as Ibn Mujahid, who died in 324 AH. He singled out the known seven recitations and reported them in his book “As-Sab’a fi al-Qira’at”, where he mentioned the Scholars of the seven readings. These seven recitations have occupied firm positions in registration and became a destination for students of recitation. Ibn Mujahid built his choice upon very high conditions. He did not take a recitation except from an Imam who was known for his accuracy and integrity, and who spent a lifetime with internalizing the science of recitation, with the agreement of taking and receiving from him. This resulted in the outcome of the recitation of those seven we have mentioned above.
B. And when Shams ad-Din Abu al-Khair Ibn al-Jazri, Muhammad Bin Muhammad Bin Yusuf, who died in 833 AH, came, he researched the transmission of the recitations and found another three recitations, which he saw to be like the seven recitations that came through Tawatur in accordance with the ‘Uthmani scripture. He put them down in writing in his book “An-Nashr fi al-Qira’at al-‘Ashr”, mentioning the names of the three scholars he had added. They are:
Abu Jaafar Yazid Bin al-Qa’qa’ al-Madani, who died 130 AH.
Yaqub Bin Ishaq al-Hadrami al-Kufi, who died in 205 AH.
Khalaf Bin Hisham Abu Muhammad al-Bazzar al-Assadi al-Baghdadi, who died in 229 AH.
I have paid interest to the seven Mutawatir recitations, as I mentioned in my book “Taysir al-Wusul ila al-Usul” with their lines of transmission and their transmitters… I did not study the other three recitations mentioned by al-Jazri, although al-Jazri and other Scholars placed them on the same level as the seven Mutawatir recitations. I will research them in detail in the future in sha Allah, to attain this noble knowledge.
3. With regard to the recitations that are not Mutawatir, whether they comply with the scripture of the ‘Uthmani Mushaf or not, reciting the Qur’an with them is not permissible. They are not Qur’anic, because the Qur’an is what has been transmitted from the Prophet صلى الله عليه وسلم through Mutawatir transmission.
4. Revelation of the Qur’an in Seven Letters:
The Messenger of Allah صلى الله عليه وسلم said:
إِنَّ هَذَا القُرْآنَ أُنْزِلَ عَلَى سَبْعَةِ أَحْرُفٍ، فَاقْرَءُوا مَا تَيَسَّرَ مِنْهُ
“This Qur’an was revealed in seven letters. Read from it what is facilitated for you.” (Agreed upon)
He صلى الله عليه وسلم said:
أَقْرَأَنِي جِبْرِيلُ عَلَى حَرْفٍ فَرَاجَعْتُهُ، فَلَمْ أَزَلْ أَسْتَزِيدُهُ وَيَزِيدُنِي حَتَّى انْتَهَى إِلَى سَبْعَةِ أَحْرُفٍ
“Jibril made me read in one letter so I reviewed it. I did not add to it but he kept adding to me until he terminated seven letters.” (Al-Bukhari)
The scholars differed as to the meaning of “seven letters”, some of them settled the differences of language in the Mutawatir recitations and collected them in seven groups: “Wujuh al-I’rab – Az-Ziyadah wa an-Naqs – At-Taqdim wa at-Ta’khir – Al-Qalab wa al-Ibdal – The forms of pronunciation such as Tarqiq, Tafkhim, Imala, Fath…” and some of the scholars settled them to be Arab languages that did not come out by Mutawatir recitations …
After studying the subject, I assume that the seven letters are languages as in “dialects” of the Arab tribes from which the Arabic tongue emerged, which were the subject of competition between the eloquent at the time of the descent of the Holy Quran. This because the Mutawatir recitations do not depart from language “dialects” of these tribes, which are the seven famous fluent dialects at the time of the revelation of the Holy Qur’an:
• Quraish • Tamim • Qais • Asad • Hadheel • section of the Kenana • section of at-Ta’iyeen
This is what I perceive to be correct in this matter, so what is meant be the seven letters are the seven dialects of the Arabic tribes mentioned above. This does not mean that it is permissible to recite the Qur’an in all his wordings in the dialects of these seven tribes, rather the Qur’an has to be recited solely as reported from the Messenger of Allah صلى الله عليه وسلم through Tawatur, because recitation in other than what came through Tawatur is not permissible, since what is not mutawatir cannot be considered from the Qur’an.
5. As for the translation of the Ayah:
وَاللَّهُ خَلَقَكُمْ وَمَا تَعْمَلُونَ
“While Allah created you and that which you do?” (As-Saffat, 37:96)
The “ما” is a linking element, i.e. Allah سبحانه وتعالى created you and created the idols that you worship. The obvious meaning (Nass) of the Ayah is evidence for that, since Allah سبحانه وتعالى says:
فَرَاغَ إِلَى آلِهَتِهِمْ فَقَالَ أَلَا تَأْكُلُونَ مَا لَكُمْ لَا تَنْطِقُونَ فَرَاغَ عَلَيْهِمْ ضَرْبًا بِالْيَمِينِ فَأَقْبَلُوا إِلَيْهِ يَزِفُّونَ قَالَ أَتَعْبُدُونَ مَا تَنْحِتُونَ وَاللَّهُ خَلَقَكُمْ وَمَا تَعْمَلُونَ
“Then he turned to their gods and said, “Do you not eat? What is [wrong] with you that you do not speak?” And he turned upon them a blow with [his] right hand. Then the people came toward him, hastening. He said, “Do you worship that which you [yourselves] carve, While Allah created you and that which you do?”(As-Saffat, 37:92-96)
It is obvious that the Ayah
وَاللَّهُ خَلَقَكُمْ وَمَا تَعْمَلُونَ
“While Allah created you and that which you do?” (As-Saffat 37:96)
Comes after
قَالَ أَتَعْبُدُونَ مَا تَنْحِتُونَ
“He said, “Do you worship that which you [yourselves] carve” (As-Saffat 37:95)
Therefore what is meant are the idols.
Those who interpreted the “ما” as an original element and understood from it “Allah created you and your actions”, had they understood that Allah created the actions of man and their understanding had stopped at the creation, meaning that Allah created them and the actions, such that He created the ability to undertake action, giving man the power to undertake action, they would not have gone far astray. Rather they interpreted “and Allah created your actions” to mean “He has forced you to undertake them”. Such that Allah سبحانه وتعالى has forced us to every action we undertake, and we do not have a choice in doing anything, neither the evil nor the good action. This is of course wrong, because there are actions up to the choice of man, who is rewarded and punished for them. Hence saying that Allah سبحانه وتعالى is forcing us to undertake all of our actions without any choice is a wrong statement.
فَمَنْ يَعْمَلْ مِثْقَالَ ذَرَّةٍ خَيْرًا يَرَهُ وَمَنْ يَعْمَلْ مِثْقَالَ ذَرَّةٍ شَرًّا يَرَه
“So whoever does an atom’s weight of good will see it, And whoever does an atom’s weight of evil will see it.”(Az-Zalzala, 99:8)
As for the topic of al-Qada’ wal-Qadar and the Islamic difference of opinion on it, this is a very long issue. Its details are mentioned in the first volume of ash-Shakhsiyah (Islamic Personality Volume I), so please review it from there. And Allah is with you.
Your Brother,
Ata’ Bin Khalil Abu Al-Rashtah
18th Dhul Qi’ddah 1434 AH
24th September 2013 CE
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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
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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