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  • Q&A: Shari’ Rule on Songs, Music, Singing & Instruments?

    Question: What is the Shari’ ruling in singing or listening to songs?  What is the hukm of using musical instruments and is its trade allowed? I request you to answer in detail with the evidences?

    Answer: The Imams (Mujtahids) and the jurists have differed on the issue of singing and they have varying opinions such as haraam (prohibited), Makruh (disliked) and Mubah (permissible), the ones who have prohibited it are from the ones who hold the opinion of prohibition of singing as a trade or profession, and a similar opinion has been transmitted from Imam Shafi’i, and from the ones who disliked it is Ahmad Ibn Hanbal who disliked the issue and categorised its performance under disliked acts, a similar opinion has been transmitted from Shafi’i’ and Al-Qadhi also. And from those who allowed (permitted) it are Ibn Hazam and Abu Bakr al Khalaal and Abu Bakr Abdul Aziz and Saad Ibn Ibrahim and Anbari and many others from the People of Medina. They took Nasheeds in a different category and removed them from the Hukm and allowed (permitted) it. Ibn Qudama mentioned about it in his book Almughni.

    And so that the correct opinion is put forth in this subject let us study the texts (Ayat/ahadith/ijmaa) which are concerned with this subject:

    A. The texts used as daleel by the ones who prohibit singing:

    1.  عن أنس بن مالك قال: قال رسول الله r “من جلس إلى قَيْنَةٍ فسمع منها، صبَّ الله في أذنيه الآنُكَ يوم القيامة” رواه عبد الله بن المبارك. والقينة هي الجارية. والآنُك هو الرصاص.

    It is narrated by Anas bin Malik who said that the prophet (saw) said “Whoever listens to a female singer, molten lead will he poured into his ears on the day of judgement.” Reported by Abdullah ibn Mubarak.

    2.  عن أبي مالك الأشعري رضي الله تعالى عنه قال: قال رسول الله r”ليشربَنَّ ناسٌ من أمتي الخمرَ يسمونها بغير اسمها فيُعزَفُ على رؤوسهم بالمعازف والمغنِّيات يَخْسِف الله بهم الأرضَ، ويجعل منهم القردة والخنازير ” رواه ابن ماجة.

    Abu Malik alashari (ra) narrated that he heard the prophet (saw) say: “Indeed, people will change the name of wine to consume it and play with musical instruments, Allah will cause the earth to swallow them and change them into monkeys and swines.” (Narrated by Ibn Majah in his sunan)

    3.  عن أبي أُمامة قال ” نهى رسول الله r عن بيع المغنيات وعن شرائهن وعن كسبهن وعن أكل أثمانهن ” رواه ابن ماجة.

    It is narrated from Abu Umama who said “Do not sell, buy or teach singing-girls, and the price paid for them is unlawful.” (Narrated by Ibn Majah & Tirmidhi)

    4. عن أبي أُمامة t قال: قال رسول الله r ” إن الله بعثني رحمة للعالمين، وهدى للعالمين، وأمرني ربي عزَّ وجلَّ بمحق المعازفِ والمزاميِر والأوثانِ والصُّلُبِ وأمرِ الجاهلية… ولا يحل بيعُهن ولاشراؤُهن، ولا تعليمهن، ولا تجارةٌفيهن، وثمنهنَّ حرامٌ، يعني الضاربات. وفي رواية المغنيات ” رواه أحمد.والصُّلُب جمع صليب.

    Abu Umamah narrates that the prophet (saw) has said:

    “Verily Allah azza wa jall has sent me with guidance and as a mercy to mankind and (in spite of this) he ordered me to obliterate musical instruments, idols, the cross and things of ignorance…and their selling is not allowed and neither is their buying, nor its teaching, nor the trade in it, and its price is haram, meaning the beaters (drum beaters) and in another riwayah – the female singers.” (Narrated by Ahmad) 

    5.  عن ابن عباس t عن رسول الله r قال ” والذي نفسي بيده لَيبيتَنَّ ناسٌ من أمتي على أَشَرٍ وبَطَرٍ ولعبٍ ولهوٍ، فيصبحوا قردةً وخنازير باستحلالهم المحارم والقَيْنات وشربهم الخمر وأكلهم الربا، ولبسهم الحرير ” رواه عبد الله بن أحمد في زوائد المسند.

    Ibn Abbas narrates that he prophet (saw) said “By the lord in whose hands lies my soul a group of my Ummah will spend a night in food, drinks and party, they would wake up the next morning deformed into swines and monkeys for making halal as haraam and the music and for their drinking of wine and eating of interest and wearing silk” (narrated by Abdullah Ibn Ahmad in Zawaid alMusnad)

    6.  عن عبيد الله بن زَحْر عن علي بن يزيد عن القاسم عن أبي أُمامة t عن رسول الله r قال ” لا تبيعوا القَيْنات ولا تشتروهن ولا تُعلِّموهنَّ، ولا خير في تجارةٍ فيهن، وثمنُهنَّ حرام، في مثل هذا أُنزلت هذه الآية {ومِنَ الناسِ مَنْ يشتري لهوَ الحديثِ ليُضِلَّ عن سبيلِ اللهِ } إلى آخر الآية “. رواه الترمذي وأحمد وابن ماجة والبيهقي.

    Abu Umama narrates that prophet (saw) said: “Never trade female slave singers nor train them in singing as well. It is no good to trade them, and [for you], their price is forbidden, and for this the ayah was revealed: {ومِنَ الناسِ مَنْ يشتري لهوَ الحديثِ ليُضِلَّ عن سبيلِ اللهِ }

    (From amongst men there are those who purchase ‘lahw al hadith’ without knowledge, to mislead from the Path of Allah and they ridicule it. For them there is a humiliating punishment)). [Luqmân: 6] (Narrated by Tirmidhi and Ahmad and Ibn Majah and al Bayhaqi)

    7.  عن شيخٍ شهد أبا وائلٍ في وليمة، فجعلوا يتلَعَّبون ويُغنُّون، فحلَّ أبو وائلٍ حبوتَه، وقال: سمعت عبد الله يقول: سمعت رسول الله r يقول “الغناء يُنبتُ النفاقَ في القلب ” رواه أبو داود. والحبوة  (بفتح الحاء وضمها وكسرها) هي الجلوس على الإِليتين مع ضم الفخذين والساقين إلى البطن بالذراعين.  

    A sheikh who saw Abu Wa’il in a waleema where there was singing and playing going on, so Abu Wa’il sat in an upright manner and said I heard Abdulla say that he heard the prophet (saw) say: “Singing makes hypocrisy to grow in the heart like water makes herbs grow.” (narrated by Abu Dawud)

    8.  عن أبي الصَّهباء “أنه سأل ابن مسعود عن قول الله {ومن الناس من يشتري لهو الحديث } قال: الغناء”. رواه ابن جرير الطبري في تفسيره.

    Abu suhaba says that he asked Ibn Masud (ra) about the ayah “from amongst men there are those who purchase ‘lahw al hadith” he replied that it was singing. (narrated by Ibn Jarir and by Tabari in his tafseer)

    9.  جاء في صحيح البخاري ما يلي  (وقال هشام بن عمَّار حدثنا صَدَقة بن خالد حدثنا عبد الرحمن بن يزيد بن جابر حدثنا عطية بن قيس الكلابي حدثني عبد الرحمن بن غَنْمٍ الأشعري قال: حدثني أبو عامر أو أبو مالك الأشعري، والله ما كذبني، سمع النبي r يقول ” ليكونَنَّ من أمتي أقوامٌ يستحلون الحِرَّ والحرير، والخمرَ والمعازفَ، ولَينـزِلنَّ أقوامٌ إلى جنب عَلَم يروح عليهم بسارحةٍ لهم يأتيهم لحاجة فيقولون: إرجع إلينا غداً، فيُبَيِّتُهم الله ويضع العَلَم، ويمسخ آخرين قردةً وخنازيرَ إلى يوم القيامة “) ورواه الطبراني. والسارحة هي الماشية. والعَلََم هو الجبل.

    It has been reported in the Saheeh Al Bukhari (And ibn Hisham ibn Ammar that Sadaqa Ibn Khalid narrated to him from AbdulRehman Ibn Yazid Ibn Jabir that he heard from Atiya Ibn Qays al Kilabi that he heard from Abdul Rehman Ibn Ghanam al Ashari who said: that Abu Amir narrated to us or Abu Malik al Ashari narrated to us, and by Allah he did not lie to me, that he heard the prophet (saw) say : “There will be from my nation a people who will deem fornication, silk (for men), alcohol, and music to be permissible; and there will be a people who will camp beside a high mountain, when a poor man passes by them and asks for a need, they will say to him, ‘Return to us tomorrow.’ In the morning Allah will make the mountain fall upon them and the others (who are saved) are transformed into apes and pigs, until the Day of Judgement.” (narrated by Tabarani)

    B. The texts which are depended upon by the ones who permit singing or dislike it.

    1.  عن عامر بن سعد قال ” دخلتُ على قُرَظةَ بنِ كعبٍ وأبي مسعود الأنصاري في عرسٍ، وإذا جَوارٍ يُغنِّين، فقلت: أنتما صاحبا رسول الله r، ومِن أهل بدرٍ يُفعل هذا عندكم ؟ فقالا: إجلس إن شئت فاسمع معنا، وإن شئتَ فاذهب، قد رُخِّص لنا في اللهو عند العرس” رواه النَّسائي والحاكم وصححه.

    ‘Aamir Ibn Sa’ad narrates: I approached Qarazah Ibn Ka’ab & Abi Mas’oud Al-Ansari (ra) during a marriage ceremony when there was singing going on around and said to them: “You are the companions of the Prophet (saw) as well as you participated in the battle of Badr, and yet this (singing) is going on around you? They said: If you like sit and listen to it with us, and if you like, go away. This vain act is permitted for us during marriage ceremonies.” [Narrated in Nasa’i and authenticated by Hakim].

    2. عن السائب بن يزيد t ” أن امرأة جاءت إلى رسول الله r فقال: يا عائشة أتعرفين هذه ؟ قالت: لا يا نبي الله فقال: هذه قَيْنةُ بني فلان، تحبين أن تغنيَكِ ؟ قالت: نعم، فأعطاها طَبَقاً فغنَّتها، فقال النبي r: قد نفخ الشيطان في مِنْخريها ” رواه أحمد بسند صحيح، ورواه الطبراني. والطبق هو الإناء.

    Narrates Sa’ib Ibn Yazid: A woman came to the Holy Prophet (saw). He asked ‘A’ishah (ra): ‘Do you know her?’ ‘No, O Prophet (saw) of Allah’ she replied. He (saw) said:”This is the female professional singer of such and such tribe. Do you want her to sing to you?” Aishah said:”Yes”, so the woman sang for her, then the Prophet (saw) said “the devil blew in her nostrils.” (narrated by Ahmad and Tabarani)

    3.  عن جابر رضي الله تعالى عنه قال: قال رسول الله r لعائشة ” أهديتم الجارية إلى بيتها ؟ قالت: نعم، قال: فهلا بعثتم معهم من يُغَنِّيهم يقول: أتيناكم فحيُّونا نُحَيِّيكم، فإن الأنصار قومٌ فيهم غَزَل ” رواه أحمد بسند صحيح، ورواه البخاري من طريق عائشة بلفظ” أنها زَفَّت امرأةً إِلى رجلٍ من الأنصار، فقال نبي الله r: ياعائشة، ما كان معكم لهوٌ ؟ فإنَّ الأنصار يُعجبهم اللهو ” ورواه الحاكم وصححه، ووافقه الذهبي.

    Narrates Jabir (ra): The Holy Prophet (saw) asked A’ishah:”Have you sent the bride to her house?’ ‘Yes’, she replied. He (saw) asked:”Did you send any singer with them who could sing for them?” ‘A’ishah (ra) replied in the negative. The Holy Prophet (saw) then remarked: It would have been better if you had sent a singer with them who would sing that we have come to you so welcome us, because the Ansar are a people who love singing.” (narrated by Ahmad with a Sahih chain, and by Bukhari on the authority of A’ishah with the words) “that she sent a bride for marriage to one of the men of the Ansar, the prophet asked her “O A’ishah” don’t you have lahw? the Ansar love Lahw” (narrated by Hakim and Dhahabi has approved it).

    4. عن عائشة رضي الله عنها ” أن أبا بكر الصديق دخل عليها وعندها جاريتان في أيام مِنى تُغَنِّينان وتَضْرِبان، ورسول الله r مسجَّى بثوبه، فانتهرهما أبو بكر، فكشف رسول الله r عنه، وقال: دعهما يا أبا بكر، فإِنها أيام عيد… ” رواه مسلم.

    Narrates ‘A’ishah (ra): Abu Bakr as Siddiq (ra) came to her residence while two female singers were singing and beating (instruments). The Holy Prophet (saw) had covered his face with his dress. Meanwhile Abu Bakr (ra) entered and [seeing the singers] rebuked me thus: ‘Satanic musical instruments in the presence of the Holy Prophet (saw)?’ On hearing this God’s Messenger (saw) turned towards him and said: ‘Leave them, these are days of the Eid.” (narrated by Muslim)

    5.  عن عبد الله بن بُريدة قال: سمعت بُريدة يقول ” خرج رسول الله r في بعض مغازيه، فلما انصرف جاءت جاريةٌ سوداءُ فقالت: يا رسول الله، إني كنتُ نذرتُ إِنْ ردَّك الله سالماً أن أضرب بين يديك بالدُّفِّ وأَتغنَّى، فقال لها رسول الله r: إن كنتِ نذرتِ فاضربي وإلا فلا، فجعلت تضرب، فدخل أبو بكر وهي تضرب ثم دخل علي وهي تضرب ثم دخل عثمان وهي تضرب ثم دخل عمر فألقت الدُّف تحت إِستها ثم قعدت عليه، فقال رسول الله r: إن الشيطان ليخاف منك يا عمر، إني كنت جالساً وهي تضرب فدخل أبو بكر وهي تضرب ثم دخل علي وهي تضرب ثم دخل عثمان وهي تضرب، فلما دخلتَ أنت يا عمر ألقت الدُّفَّ ” رواه الترمذي وقال: هذا حديث حسنٌ صحيحٌ غريبٌ، ورواه أحمد بسند صحيح، ورواه أبو داود والبيهقي.

    Abdullah Ibn Buraidah narrates on the authority of his father: The Holy Prophet (saw) returned from some of his military expeditions. A black slave girl approached him and said: ‘I had vowed to beat the Daff before you if Allah brought you back safe and unhurt’. The Holy Prophet (saw) replied: ‘If you had vowed, then proceed, otherwise do not’. She started beating the Daff. Meanwhile Abu Bakr (ra) came while she was beating the Daff. Then ‘Usman (ra) and ‘Ali (ra) came and she continued beating the Daff. Then came ‘Omar (ra) and she covered her instrument under herself and sat over it as soon as she saw him. At this the Holy Prophet (saw) commented: ‘Omar, even Satan fears you, I was sitting and she was beating the Daff, and then Abu Bakr entered and she continued beating and then Ali entered and she continued beating and the Uthman entered and she continued beating but when you entered O ‘Omar she stopped the Daff’ (narrated by Tirmidhi and he said this is a Hasan Ghareeb hadith and Ahmad narrated it with a Saheeh chain and Abu Dawud & Al Bayhaqi also narrated it.)

    6.  عن يحيى بن سليم قال: قلتُ لمحمد بن حاطب: تزوجتُ امرأتين ما كان في واحدةٍ منهما صوت، يعني دُفَّاً، فقال محمد t: قال رسول الله صلى الله عليه وآله وسلم” فصْلُ ما بين الحلال والحرام الصوتُ بالدُّفُّ ” رواه الحاكم وصححه ووافقه الذهبي. ورواه أحمد بسند صحيح. ورواه ابن ماجة والنَّسائي، والترمذي وحسَّنه.

    Yahya bin Salim said that I said to Muhammad Ibn Hatib “I married two women and there was no voice, i.e. there was no Daff in the marriage, so Mohammad Ibn Hatib said: the holy Prophet (saw) said: ‘the thing that distinguishes the allowable act (i.e. Nikah) from the forbidden one (fornication) is the beat of the tambourine and open declaration of the Nikah.’” (Al Hakim narrated and Dhahabi approved it, Ahmad also reported it with a Saheeh chain, and Ibn Majah narrated and Nasai as well did, and Tirmidhi narrated it and graded it as Hasan).

    7.  عن الرُّبيِّع بنتِ مُعَوّذ رضي الله عنها قالت ” دخل عليَّ رسول الله r صبيحة عُرسي وعندي جاريتان تغنيان وتُندبان آبائي الذين قُتلوا يوم بدرٍ، وتقولان فيما تقولان: وفينا نبيٌّ يعلم ما في غدٍ، فقال: أمَّا هذا فلا تقولوه، ما يعلم ما في غدٍ إلا الله ” رواه ابن ماجة، ورواه أبو داود بمعناه  ورواه الترمذي وقال: هذا حديث حسن صحيح وجاء في روايته ” وجُوَيْراتٌ لنا يضربن بدُفُوفِهِن “.

    Narrates Rabi‘, daughter of Mu‘wwadh (ra): On the morning of my marriage, the holy Prophet (saw) came to visit us while two slave girls were beating the Daff and singing in lamentation of my forefathers who had been killed during the battle of Badr. The girls were singing: “Among us is the Prophet (saw) who knows what will happen tomorrow”, he (saw) said: ‘Do not say this, as no one knows what will happen tomorrow other than Allah (swt).” (narrated by Ibn Majah, and Abu Dawud, Tirmidhi also narrated it and said that this hadith is Hasan Saheeh”

    8. عن عائشة رضي الله عنها قالت ” دخل عليَّ أبو بكر وعندي جاريتان من جواري الأنصار تُغنيان بما تقاولت به الأنصار في يوم بُعاث، قالت: وليستا بمغنيتين فقال أبو بكر: أبمزمور الشيطان في بيت النبي r ؟ وذلك في يوم عيد الفطر، فقال النبي r: يا أبا بكر، إن لكل قومٍ عيداً، وهذا عيدُنا ” رواه ابن ماجة.

    Narrates ‘A’ishah (ra): Abu Bakr as Siddiq (ra) came to her residence while two female Ansari singers were singing and beating (instruments) the songs of Bu‘ath. Meanwhile Abu Bakr (ra) entered and [seeing the singers] rebuked me thus: ‘Satanic musical instruments in the presence of the Holy Prophet (saw)?’ On hearing this Allah’s Messenger (saw) turned towards him and said: ‘O Abu Bakr, for all people there is a Eid, and this is our Eid” (narrated by Ibn Majah)

    9. عن أنس بن مالك t” أن النبي r مرَّ ببعض المدينة، فإذا بجوارٍ يضربن بدُفِّهنَّ ويتغنَّين ويقلن:

    نحـن جَـوَارٍ مـن بني النجـارِيـا حبـذا  محمـدٌ من جـارِ

    فقال النبي (ص) : اللهُ أعلم إِني لأُحِبُّكُنَّ ” رواه ابن ماجة بسند صحيح.

    Anas Ibn Malik (ra) narrates that the Prophet (saw) passed through Madeenah and saw in a certain locality that some people were beating their Daff and singing: “We are the people of the Bani Najjar; We welcome Muhammad as our neighbour.”

    The Prophet (saw) said: “Know that I love you all.” (Ibn Majah narrated through authentic chain).

    10. عن نافع مولى ابن عمر t” أن ابن عمر رضي الله عنهما سمع صوتَ زَمَّارةِ راعٍ، فوضع أُصبعيه في أُذُنيه وعَدَل راحلته عن الطريق وهو يقول: يا نافع أتسمع ؟ فأقول: نعم، فيمضي حتى قلتُ: لا، فوضع يديه وأعاد راحلته إلى الطريق وقال: رأيتُ رسول الله r، وسمع صوتَ زَمارةِ راعٍ، فصنع مثل هذا ” رواه أحمد بإسناد صحيح.ورواه ابن ماجة والخلاَّل.

    Nafe’ (ra), the servant of Ibn ‘Omar (ra) narrates that Ibn Omar (ra) heard the sound of flute and pushed his fingers into his ears and diverted his path while saying: “O Nafe’!” Do you hear? So I said to him: “Yes” and he kept on repeating this until I told “No”. Only then he removed his fingers from his ears and reverted to the earlier path, and said: “I saw the Prophet (saw) who heard the flute sound and did similarly.” [Narrated in Musnad Ahmad with an authentic chain, also narrated by Ibn Majah and al-Khallal].

    11.  عن عُقبة بنِ عامر رضي الله تعالى عنه قال: قال رسول الله r ” تعلموا كتاب الله وتعاهدوه وتغنَّوا به، فوالذي نفسي بيده لهو أشدُّ تفلُّتاً من المخاض في العُقُل ” رواه أحمد والدَّارمي والنَّسائي، ورواه النَّسائي أيضاً في السُّنن الكبرى، بلفظ “…والذي نفس محمدٍ بيده لهو أشدُّ تَفلُّتاً من العِشَارِ في العُقُل ” والعِشار والمخاض هي النياق الحوامل، جمع ناقة. والعُقُل جمع عِقال وهو الحبل الذي يُربطُ به.

    ‘Uqbah Ibn ‘Aamir (ra) says that the Prophet (saw) said: “Learn the book of Allah and abide by it and recite it well, by the One in whose hand is my soul, it (meaning, the Quran) is easier to lose (from memory) than a camel from its rope.” Narrated  in Musnad Ahmad, al-Darimi, al-Nasai, and in Sunan al Kubrah with a different wording and identical meaning.

    12. عن سعد بن أبي وقاص t أن رسول الله r قال ” ليس منَّا مَنْ لم يتغنَّ بالقرآن ” رواه الدَّارمي وابن ماجة.

    Saad Ibn Abi Waqqas (ra) narrates that the Prophet (saw) said, “he is not from us who does not sing in the Quran” (narrated by al-darami and Ibn Majah)

    We now examine the Isnad of the Ahadeeth narrated under the first opinion in order to conclude whether these are conclusive to rely upon or not?

    The first hadith which was narrated by Abdullah ibn Mubarak from Anas bin Malik has a broken Isnad (chain), as four of its narrators are weak or unknown, and they are Ibrahim ibn Uthman, Ahmad Ibn Ghamar, Yazid Ibn AbduSamad and ‘Obaid Ibn Hisham alHalabi, therefore the hadith cannot be relied upon as evidence.

    The second hadith was narrated by Ibn Majah from Abu Malik al-Ash’ari and in this chain is Malik Ibn Abi Mariyam and Dhahabi said about him: he is unknown, and therefore is a unknown narrator, in addition to the narrator Mu’awiyah Ibn Saleh, who was unaccepted by many of the scholars of Hadeeth because of his weakness, therefore the hadith is very weak and is abandoned.

    The third Hadith which is narrated by Ibn Majah from Abu Umama in its chain exist Abu Muhallab Mutrah ibn Yazid who has been weakened by Abu Zar-al-Razi and Abu Hatim al-Razi. And Ibn Mu’in said: he is nobody, and Bukhari said: he is a refuser of hadith, and also in the chain is ‘Obaidulla al-Afriqi who has been classified as a weak narrator by Ahmad and Darimi and Darqutni. And ibn muin said: he is nobody. And ibn Madeeni said: he is a refuser of hadith. And Abu Mish’ar said: he is a companion of every problem. The hadith therefore is very weak and is not accepted.

    The fourth hadith which has been narrated by Ahmad from Abu Umamah , in its chain exists Ali Ibn Yazid al-Alhani and he is weak. And similarly Qasim is also weak and therefore the hadith is very weak and is hence not accepted.

    The fifth hadith which has been narrated Abdulla Ibn Ahmad Ibn Hanbal in Zawaid al-Musnad, in this chain exists Farqad as Sabakhi, Haithami in Majmu’a azzawaid said: Farqad is weak; al-Munziri also said that the hadith is weak. This hadith was also narrated by Saeed Ibn Mansur and in his chain there are three weak narrators, therefore the hadith is weak and hence is not accepted.

    The sixth hadith which has been narrated by Tirmidhi from Abdullah Ibn Zahr from Ali Ibn Yazid from Qasim ibn abu Umama, from Ali Ibn Yazid, Tirmidhi said (some of the scholars of knowledge spoke against Ali Ibn Yazid and they claimed he was weak) and Bukhari said that he was a refuser of hadith and Nasaee said: is not trustworthy. Darqutni unaccepted it. And Shawkani claimed ‘Obaidulla Ibn Zahr and Qasim to be weak. Therefore the hadith is very weak and hence is not accepted.

    The seventh hadith has been narrated by Abu Dawud from a sheikh whom Abu Wail had seen and it is clear that there is a unknown narrator who has not been named and he is the sheikh whom Abu Wail had seen, therefore the hadith is weak and is not accepted.

    The eighth hadith which has been narrated by Ibn Jarir al-Tabari in his tafsir is a qawl (saying) of ibn Mas’ood and is not a marfoo’ hadith, and the sayings of Sahaba are not evidence (daleel), and they are ahkam shari’a for them and for those who do taqleed to them from the Muslims, and it is not obligatory for all the Muslims to do taqleed to it, and this is the saying of Ibn Mas’ood (ra) and his understanding from the ayah, in fact it is the sharh of (lahw) and it is a correct understanding as the has been quoted in the first hadith in the second section which says: “This vain act is permitted for us during marriage ceremonies.” i.e. singing is permitted during marriage ceremonies. As for the Prophet (saw)’s saying in the third hadith, when he (saw) asked ‘Aishah (ra): “Did you send any singer with them who could sing for them, because the Ansar like it”, i.e. they like singing. An observer in this would easily notice that singing is dispraised or censured because of its linkage (Qareenah) to being distractive from Allah (swt)’s path. If it were not so, there would be no censure. Any linkage to distraction from Allah (swt)’s path in any saying renders it to be dispraised while the act itself remains permissible. Singing is similar, it is permissible like any other permissible act unless linked to being distractive from Allah (swt)’s path. Hence this interpretation is not an evidence of its prohibition.

    There is one hadith remaining which was reported in Sahih al-Bukhari which is a mu’allaq hadith, and this is one of the evidences for the ones who say that music and musical instruments are not allowed, we shall look into this hadith in some detail:

    This hadith although narrated in Sahih al-Bukhari, it would be not correct to say that Bukhari narrated this hadith since Bukhari does not say (he informed us) or (he told us) or something of the similar words, he reports in a mu’allaq manner in the format (and Hisham ibn ‘Ammar said) and the mu’allaq Ahadeeth in Sahih al-Bukhari are not obliged to be taken as evidence although they can be referred to. The Ahadeeth mua’llaqa means that one narrator or more are not mentioned in the chain, and thereby the hadith is Munqat’i (unconnected), and I question: why did not Bukhari mention the one who narrated this hadith to him? Does this not indicate Imam Bukhari’s suspicion on the narration and the narrator, and therefore this hadith falls down from the level of being Saheeh.

    Hisham bin ‘Ammar is a man of trust but when he became old his condition changed, his sayings could not be taken doubtlessly, Abu Hatim arRazi says (when Hisham became old he changed, he would read whatever was given to him and whatever was dictated to him, he would accept) and Abu Dawud from whom Al-’Ajari narrated (Hisham narrated four hundred Ahadeeth but his chains do not have a base),  and he also said that Hisham would take the Ahadeeth from Abu Mish’ar and then narrate them, and after this he i.e. Abu Dawud said (I was afraid he would create doubts in the matter of Islam itself). Imam Ahmad Ibn Hanbal said: “He was somewhat fickle” and also said: “If you happen to pray behind him, repeat your prayers.” It is not correct to take Ahadeeth from such a narrator, moreover, Sahih Ahadeeth refute what he narrated.

    Abu Dawud narrated in his Sunan with a good chain, starting with Hisham bin ‘Ammaar: (Abdul Wahab bin Najdah narrated to us, that Bashar bin Bakr narrated to us, from Abdul Rahman Ibn Yazid Ibn Jabir, that ‘Atiyah Ibn Qays narrated to us: I heard Abdul Rahman Ibn Ghanam al’Ash’ari say: Abu Amir narrated to us or Abu Malik, I swear by Allah another oath that he did not believe me that he heard the Apostle of Allah (peace be upon him) say: There will be among my community people who will make lawful (the use of) khazz and silk. Some of them will be transformed into apes and swine till the day of judgement”. And this has a strong chain with out any doubt but there is no mention of musical instruments and female singers, so it is obvious as to which of these narrations is preferred?

    The Shari’a came inline with the innate nature of man and there is no proof to say that it is in conflict with the nature of man, and the singing as all of us know, is from the nature which I cannot comprehend that a man who lives for four years or more and does not listen to songs, our children from a very young age tend to sing and dance, so has Islam come to prohibit what is part of our nature?

    In the end I say, if this was a hadith, with no contradiction with the other Saheeh Ahadeeth which we have presented, we would have relied upon it over weaker Ahadeeth. But the issue here is different, that there are many Ahadeeth which are Saheeh and Hasan and contradictory to this hadith, so how do we take it?

    For these 5 reasons I do not take this hadith as an evidence for prohibiting singing and musical instruments.

    And after we have finished discussing the Ahadeeth from the first section and we have demonstrated their weakness, let us now look at the Ahadeeth in the second section, and all of which are Sahih to take into consideration as evidence, from these we will derive the hukm for singing.

    The first hadith permits singing in marriage ceremonies.

    The second hadith permits the singing in other than marriage with musical instruments.

    The third hadith permits singing and this occurred during a marriage ceremony.

    The fourth hadith permits singing with a beating instrument and that can be the Duff and that happened at the day of Eid al Adha.

    The fifth hadith permits singing with a Daff by a woman in the presence of men. It cannot be said that this does not amount to permission to sing; rather it allows compliance with one’s vow (nadhar), since if there was no vow, there would be no singing. This view is not correct because if the vow (nadhar) were to be for a sinful act, its compliance would not be permitted at all. If singing were to be sinful, the Prophet (saw) would not have permitted, for it is reported by ‘Aishah (ra) that he (saw) said: “Whoever vows that he will obey Allah, he must obey Him, and whoever vows that he will disobey Allah, he should not disobey Him.” This is reported by Bukhari, Abu Dawud and Nasai. Also since the Prophet (saw) is reported by ‘Imran Ibn Hussain (ra) that he (saw) said: “There is no compliance of a vow (nadhar) for a sin.” This is reported by Muslim. Thus since singing is permissible, the Prophet (saw) allowed the woman to comply with her vow because the Prophet (saw) had returned safely from the battle.

    The sixth hadith indicates that singing combined with the Duff is mustahab in a marriage, and not only permissible (mubah), so singing is mandub (recommended) in the marriage and not permissible only.

    The seventh hadith gives daleel for the permissibility of singing with the acceptance of the Prophet (saw) on the condition of not uttering haram things, the singing occurred during a marriage.

    The eighth hadith gives daleel of permissibility of women singing in front of the Prophet (saw) and that happened on the day of Eid.

    The ninth hadith makes singing with good word mustahab with the evidence that the Prophet (saw) permitted the singers and beaters (of Duff) when he said “by Allah I love you” and that is for motivating the singers and he did not restrict this time of singing to marriages or other occasions only.

    The tenth hadith permits singing with a flute with the evidence the Prophet (saw) did not prevent the shepherd to sing with the flute, although he plugged his ears as a choice of his and not as an obligation, similar to the incident where he was presented with the meat of locust but he did not eat from and let the others eat form it. The people understand from this act of the Prophet (saw) to indicate that singing is makruh (disliked), but although they happen to have a (doubt) shubhah in this, they have erred. Singing was not specifically permitted for marriage ceremonies or Eid days, rather the permission is general.

    The eleventh hadith gives daleel that the singing the book of Allah is Mustahab (preferred), and had singing been haram it would not have been recommended to be performed for the book of Allah.

    The twelfth hadith urges singing in the book of Allah (swt).

    From these discussions we come to a conclusion which does not have any shubhah (doubt), that singing is mubah (permissible), and is mandub (recommended) in marriage, and it perhaps is obligatory (fard) in Quran. After presenting these Sahih and Hasan Ahadeeth, is it correct to say that singing or listening to songs is prohibited?

    The correct shari hukm is that singing is allowed and not haram in marriages and in the eids and on all occasions whether it is sung or listened to, and whether musical instruments are accompanied with it or not.

    As for singing in a mixed gathering, or girls dance showing their charms, then this is haram and it is not permitted; not because of the prohibition of the singing, but rather because of what is combined with singing i.e. free mixing and dancing and display of their charms (tabarruj). And I say this in respect of singing which leads to sin or evil talk and kufr ideas, like the songs which Abdul Haleem Hafiz sang (قَدَرٌ أحمقُ الخُطا). Such singing there is no doubt in its prohibition, but as for the ones other than this, they are permissible generally, and recommended in marriages, and could be obligatory for Quran, but it is absolutely incorrect to say that it is haram.

  • Refutation of Gradualism (tadarruj)

    The following is an extract from the translation of the arabic book entitled ‘Dawa ilal Islam’ (Dawa to Islam) by Sheikh Ahmad Mahmoud, published in English by Revival Publications.

    We want to look at, treat and demonstrate the corruption of the idea of gradualism in the adoption of Islam, and the ideas that result from this idea, such as the permission for Muslims to participate in the current systems. The view that Democracy is from Islam is an attempt to make Islam more acceptable to the mind. This is because these thoughts have a strong relationship with the work of some groups in bringing change.

    So what is gradualism? What does it include according to those who hold this view? What are its justifications? What is the Shar’ee rule regarding it?

    When the Muslims reached the abyss of spiritual weakness, material and intellectual backwardness and political decline, their thoughts came to reflect their bad situation. Those who adhered to Islam came to have thoughts that did not reflect the truth of Islam and its viewpoint towards life, rather they reflected a misunderstanding and a lack of comprehension of the facts of Islam and its view of life. The Kaafir colonialist, who came to control the affairs of the Muslims, was able to change them as he wished, and implant its own concepts and criteria amongst the Muslims. He planted his own thoughts, which bore fruits of different tastes; nice in the mouths of his enemies and sweet to their tongues. The round was to their benefit. The reason for this was not Islam, but rather its people, who had lost the clear adherence and the correct understanding. The Muslims tried to oppose this with an understanding that was affected by the reality and subject to their interests. However they were twisted attempts and lame steps that ended up in rapid failure and horrible surrender. Kufr continued to indulge itself freely in our lands without anyone to stop it or prevent it doing so. So how did the Kaafir colonialist attack Islam? And what was the response of the Muslims?

    The Kaafir colonialist attacked Islam by accusing it of not being able to keep up with the time and provide solutions for the new problems. The Muslims responded by attempting to produce solutions from Islam that complied with the views of the capitalist system. Since the basis of the capitalist system completely contradicts the basis of Islam, they tried to reconcile the two contradictions. So they attempted to bring erroneous interpretations that produced erroneous concepts and criteria. These were then falsely attributed to the Shar’a. The aim was to harmoniseIslam and Capitalism and give the impression that Islam is able to keep up with the age. The result of this was that these solutions were adopted on the basis that they were Islamic thoughts, principles and criteria, and that Islam is understood by using them; even though adopting such thoughts meant leaving Islam and following the Capitalist system. Every call to reconciliation or every call that is affected by this idea is an invitation to adopt Kufr and abandon Islam. It also means carrying and inviting the Muslims to adopt the thoughts of kufr and abandon the true Islamic da’wah.

    Therefore, when the Muslims during the declined periods tried to revive the Ummah with these thoughts, it made matters worse, and they were not able to take the Ummah out from the abyss that they were in, because they had descended into it themselves.

    Hence, we began to hear mouths talking, whether intentionally or unintentionally, about the Islamic Sharee’ah, in an insolent way. They claimed that it is unreasonable, fourteen hundred years after the Messenger (saw) was sent, to arbitrate with the same previous mentality. In their view, we must modernise in a way that proceeds with the circumstances and takes Islam to leadership again. They said it must be given the image of modernity. It must have the modern thoughts grafted on to it so that the hearts are habituated to it again. It should come out of its obscurity, and away from the accusations of the people. Thus, its old image was no longer acceptable.

    Some Muslims came with thoughts from this perspective. For them they formed intellectual principles, defined their course and gave their new direction in life. These are what we called the thoughts of the declined age, which appeared during the prevalence of the corrupt western revival in our lands. At the time when those Muslims thought that keeping up with the times, and benefiting from the western revived thought, was necessitated by the Shar’a so that Islam can stay on the level of the age.

    So many thoughts, that served this orientation appeared, for example; ‘religion is flexible and evolving’, ‘take and then demand’, ‘accept what agrees with the Shar’a or that which does not contradict the Shar’a’, ‘committing the lesser of two harms or evils’, ‘if you cannot take the whole of it, don’t throw away most of it’, ‘gradualism in taking Islam’, ‘it is not rejected that rules change with the time and place’, ‘wherever there is an interest, that is the Shar’a of Allah.’ These thoughts and their like became the intellectual standpoint or principle that they called the modern Islamic revival. Their most important protagonist was the freemason Jamal ud-deen al-Afghani and his freemason student Muhammad Abduh, who was known as the Shaykhul Islam.

    These things were said by people with bad intentions and evil designs in mind, so as to separate the Muslims from the source of their strength and cause weakness in them, that would prevent them from establishing the command of Allah (swt) once again.

    Other people said these things out of good intentions and sound aims, thinking that these will be the healing balm for all the ailments of the Muslims today, in respect of the fall and decline of the Ummah.

    The effect of such thoughts, whether uttered with good intentions or not, is the same. However, we warn the Muslims of the Kuffar’s plots against this deen and advise them to discard these thoughts, whose futility has been proven in the reality. They do not yield any good, and nor do they ward off any evil. Indeed, Allah (swt) has made made us the richest of people. In Islam there is everything we need, without the need for anything else. The nature of Islam itself obliges the method by which it should be taken. The Islamic deen has been revealed by Allah (swt) to treat life’s affairs. The Muslim has only to make Ijtihaad in the revealed Shar’ee texts, and not outside them, to know the Hukm of Allah (swt). The intellectual principles necessary for his life must be regulated by their Shar’ee evidences, because they are Shar’ee rules, which have detailed evidences. This method of Ijtihaad is fixed and the same; it is not allowed to alter it in any way. From this point, the basis of our revival starts, exactly as it started before.

    It is important to mention some of the regulated Shar’ee thoughts and principles that must control the minds of the Muslims, in order to guide their direction and determine their orientation, so that they work in accordance with them. For example; ‘wherever the Shar’a lies, that is the interest and not the opposite’, ‘the basis of actions is that they are restricted to the Shar’ee rule’, ‘the basis of things is that they are permitted as long as there is no evidence of prohibition’, ‘the hasan (good) is what the Sharee’ah has said is hasan (good) and the qabeeh (reprehensible) is what the Shar’a has said is qabeeh (reprehensible)’, ‘the good is whatever pleases Allah (swt) and bad is whatever angers Him’, ‘there is no rule before the revelation of the Shar’a’, ‘whosoever turns away from the Zikr of Allah (swt) he will have a narrow difficult life’, ‘the Islamic Ummah is one Ummah to the exclusion of all other people’, ‘Islam does not accept patriotism, nationalism, socialism or Democracy’, ‘Islam is a unique way of life that differs completely from other ways of life.’

    Familiarising ourselves with just some of the Shar’ee texts indicates clearly the importance of adhering to what the Salaf us-Salih (pious predecessors) used to follow and not to deviate from it to ibtidaa’ (innovation). This is because every innovation in the deen is reprehensible.

    The Messenger (saw) said: “I have left you with something, which if you hold onto, you will never go astray. A clear matter; (which is the) Book of Allah and the Sunnah of His Prophet.” [Sirah of Ibn Hisham]. The word ‘never’ includes us.

    And he (saw) said; “My Ummah will be divided into 73 sects. All of them will go to the Hellfire except one. They (the Sahabah) asked; ‘And who are they O Rasool of Allah?’ He (saw) said: ‘I, and what my Sahabah are upon today.’” [Reported by Abu Dawud, at-Tirmizi, Ibn Majah and Ibn Hanbal]

    He (saw) said; “I have you left you on the resplendent proof, no one deviates from it after me except the one who has gone astray.” [Reported by Ibn Majah and Ibn Hanbal]

    He (saw) said; “The best people are my generation, then those who came after, then those who came after them…” [Reported by Muslim]

    He (saw) said; “…Verily he among you who lives [long] will see great controversy. Beware of newly invented matters, for every invented matter is an innovation and every innovation is in the Fire… Keep yourselves to my Sunnah and to the sunnah of the rightly guided Khulafaa’ – cling to them stubbornly.” [Reported by Abu Dawud and At-Tirmizi]

    And he (saw) said; “Any action that is not according to our matter (deen) is rejected.” [Reported by Bukhari and Muslim]

    These ahadith invite us to follow the good and warn us againt innovation. The order of goodness indicates that the adherence weakens the further away one is from the time of the Messenger (saw). This gives the sense that the more distant the time is, the stronger and more stringent our adherence needs to be, and the more we need to investigate the truth, and the more we need to be sincere. This is because we have been ordered to cling to the Sunnah of the Messenger (saw) and the sunnah of the righteous and guided Khulafaa’, and remain on what the Messenger (saw) and his Sahabah remained upon. So we must not innovate in the deen, or go into the newly invented matters, because the one who does this is rejected. So what is the way to ensure all of this in our days?

    – We must preserve the Islamic ‘Aqeedah clearly and purely in our hearts; it should not be affected by any obscure elements. – We should drink from the pure and clear sources of Islam. – We need to protect the regulated method of deducing rules, which prevents people’s whims and personal opinions from infiltrating the Shar’ee rule. – We should make Islam the most important thing in our life; more important than ourselves, our children, family, interests and desires, such that the Word of Allah (swt) is the highest in ourselves, and that we do not put anything ahead of Allah (swt) and His Messenger (saw) and that we are in the same condition as the Muslims were in the time of the Salaf as-Saalih (pious predecessors). – We should discard all the thoughts and filth of Kufr from our minds and keep its excitement and glitter away from us. Just as the Sahabah (May Allah be pleased with them) discarded the filth of Jahiliyyah at the door of Islam and entered it pure and God-fearing.

    All this requires that we go back to the beginning. Nothing will be better for the latter period of this Ummah than what was good for it in the beginning. This is a necessity no Muslim can do without, in every stage of his life. According to their closeness to or distance from this, their condition be determined as strong or weak.

    After this introduction we can ask; What is gradualism? What does it include according to those who hold this view? What are the justifications given for it? And what is the Shar’a’s position regarding it?

    Gradualism means achieving the required Shar’ee rule in stages, and not all at one time. This is what they call marhaliyyah. The Muslim first implements or calls for a non-Shar’ee rule, which is closer to the Shar’ee rule than the previous one in his view. Then he gradually implements or calls for, a change from a non-Shar’ee rule that is closer than the previous one, to what the hukm Shar’ee is in his view. Then he gradually implements or calls for a change from a non-Shar’ee hukm to another non-Shar’ee hukm that is closer to the Shar’ee hukm, until he reaches, according to his opinion, to the hukm Shar’ee.

    This also means the implementation of some Sharee’ah rules and keeping silent over the implementation of other, non-Shar’ee rules, until with time he reaches to the complete application of the Shar’a.

    This kind of gradualism is not restricted by a fixed number of stages. Nor is it subject to regulatory principles for those who advocate it. A single rule may take one, two, three or more stages. In this kind of gradualism, the situations and circumstances have a clear effect in defining the number of stages. They may be few or many, and the time period of each stage may be long or short.

    The idea of gradualism may include thoughts related to the ‘Aqeedah, for example the acceptance of the statement that Socialism is from Islam, or that Democracy is from Islam. It may include Shar’ee rules, such accepting a woman wears a dress that reaches little below the knees, waiting in a following stage, that she wears according to the Shar’ee rule. It may be related to the system, such as calling for participation in ruling, even though it is Haram according to the Shar’a; even according to the acknowledgement of those who advocate gradualism. However, for them the demand is not intended to be for itself, but rather to achieve the ruling by Islam, which is the origin and the obligation, in a following stage. It may be by the work to establish certain Islamic rules, and remain silent over others in the hope that they will increase, and become dominant and then take the lead, and so on and so forth. Or it may be related to the da’wah when he calls people to all of this. So the one convinced of gradualism adheres to this style and attempts to call others according to this idea. The one who calls to such an idea may be so God-fearing that in terms of adherence, he does not accept any negligence on his part, but he accepts it for others, because of his concern for others, so that they do not reject the da’wah to the rules of Islam, and so that they may be on something better than being on nothing at all.

    The justifications of those who advocate gradualism or marhaliyyah, and its refutation

    The people who espouse this approach rely on justifications that they say support their understanding regarding thought and the Islamic da’wah. With this aim in mind, they cited justifications as proof for whatever they wanted. They were not subservient to the text and its indications. Rather they subjected the text to whatever they desired, as we shall see shortly. The following are some of the justifications.

    1- Their view that Allah (swt) did not forbid usury all at once. Rather its prohibition was in phases and stages. He (swt) said; “And that which you gave in gift (to others), in order that it may increase (your wealth by expecting to get a better one in return) from other people’s property, has no increase with Allah, but that which you give in zakah, seeking Allah’s Countenence, then those – they shall have manifold increase.” [TMQ 30:39]

    He (swt) said; “Eat not Riba (usury) doubled and multiplied.” [TMQ 3:130]

    He (swt) said; “O you who believe! Be afraid of Allah and give up what remains (due to you) from Riba (usury) (from now onward), if you are (really) believers.” [TMQ 2:278]

    He (swt) said; “And their taking of Riba (usury) though they were forbidden from taking it.” [TMQ 4:161]

    “Allah has permitted trading and forbidden Riba (usury).” [TMQ 2:275]

    From the summation of these verses those who call for gradualism say that riba (usury) was mubah (permitted) because of the first ayah. The prohibition of taking multiple riba as opposed to the small usury was revealed in the second ayah. Then in the third ayah, the little usury was forbidden when Allah (swt) said; “Give up what remains (due to you) from Riba (usury).” [TMQ 2:278]. Then they said that the prohibition of usury began by indirect suggestion and not by a clear statement as evidenced by the fourth ayah, which talks about the Jews. Finally, Allah (swt) forbade usury after this series of revelations and stages, by His (swt) saying; “Allah has permitted trading and forbidden Riba (usury).” [2:275]

    The one who studies the correct Fiqh (legislative understanding) of these verses finds that the view concerning gradualism cannot be further from the truth.

    – The first ayah has nothing to do with the prohibited usury in any way whatsoever. Its subject matter is gifts and presents. The meaning of the verse is whoever gives a gift or present and wants people to increase it or to reclaim it, then this has no increase with Allah (swt), meaning he will have no reward from Allah (swt). The Messenger of Allah (saw) said; “Whoever gave in charity the equal of a date from a tayyeb (halaal) earning – and Allah does not accept except tayyeb – Allah receives it in His right hand, then grows it for its giver the way one of you grows his little horse until it becomes like the mountain.” [Narrated by al-Bukhari]. And Ibn ‘Abbas said; “And that which you gave in gift (to others)” [TMQ 30:39], means if a man gives something as a gift wishing to get something better, that person will have no increase with Allah (swt) and nor will he be rewarded. However, he will not be sinful. It was with this meaning that the ayah was revealed (as reported by al-Qurtubi). Ibn Kathir (may Allah have mercy on him) said about this ayah; that the one who gives a present and wishes a return from people more than what he gave; then this person will not have the reward from Allah (swt). This is how it was explained by Ibn ‘Abbas, Mujaahid, ad-Dahhak, Qatadah, ‘Ikramah, Muhammad b. Ka’b and ash-Sha’bi. This type of action is mubah (permitted).

    Ibn ‘Abbas said; “Riba (usury) is two types; one (Riba) that is invalid, which is in selling (trade), and the other, in which there is no harm; that is the gift of a person who wants in return for it more or multiple.”

    – As for the second ayah; “Eat not Riba (usury) doubled and multiplied.” [TMQ 3:130]. It was revealed to prohibit the taking of multiple usury, which was the reality in the time of Jahiliyyah. There is nothing to indicate any restriction in the prohibition of usury.

    The Mufassirun (scholars of Tafseer) have stated that it was in Surah Baqarah that the prohibition of usury came, and it was the first Surah to be revealed in Madinah. Sura Aali ‘Imraan, in which the prohibition of multiple usury came, was revealed after Baqarah. Therefore, it negates any notion that Allah (swt) permitted ‘little’ interest. Therefore, what was mentioned in the verse in Aali ‘Imran was not by way of gradualism, but it came as a mention of the normal practice of the Kuffar when dealing with usury. Thus, the hukm regarding the prohibition of Riba was revealed in the beginning.

    – As for the third ayah; “O you who believe! Be afraid of Allah and give up what remains (due to you) from Riba (usury) (from now onward).” [TMQ 2:278]. This does not mean that the Muslims were allowed to take small amounts of usury and then they were forbidden from this. On the contrary, this verse was revealed regarding some people who had embraced Islam and had usury due from people to whom they had lent money with interest. They had already taken some of it and some remained. So Allah ‘Azza wajalla forgave them for what they had taken, and forbade them from taking the rest.

    This understanding is supported by the saying of Allah (swt); “But if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums.” [TMQ 2:279]. Likewise the saying of the Messenger (saw); “Verily the Riba of Jahiliyyah is terminated – all of it; and the first Riba I terminate is the Riba of al-Abbas b. Abdul Muttalib.” [Sirah of Ibn Hisham]

    – As for the fourth ayah; “And their taking of Riba (usury) though they were forbidden from taking it.” [TMQ 4:161]. The Riba intended here is the haraam money from bribery and other such money, which the Jews used to take, as Allah (swt) said; “(They like to) devour that which is forbidden.” [TMQ 5:42]. It does not mean Riba in the Shar’ee definition.

    Thus, usury was haraam from the beginning of the legislation. There is nothing to indicate that it was forbidden in stages. The multitude of evidences mentioned regarding this subject, were for certain incidents. There is nothing in these to indicate gradualism.

    2- Their opinion that Allah ‘Azza wa jall forbade alcohol in stages:

    He (swt) said; “They ask you (O Muhammad [saw]) concerning alcohol and gambling. Say: ‘In them is a great sin, and some benefit for men, but the sin of them is greater than their benefit.’” [TMQ 2:219]. He (swt) said; “O you who believe! Approach not as-Salah (the prayer) when you are in a drunken state, until you know (the meaning) of what you utter.” [TMQ 4:43]. He (swt) said; “O you who believe! Intoxicants, gambling, al-ansab (animals slaughtered for idols), al-Azlam (arrows for seeking luck or decision) are an abomination of Shaytan’s handiwork. So avoid (strictly all) that (abomination), in order that you may be successful. Shaytan wants only to excite enmity and hatred between you with intoxicants and gambling, and hinder you from the remembrance of Allah and from as-Salah (the prayer). So, will you not then abstain?” [TMQ 5:90]

    From the total of these verses, those who believe in gradualism say that alcohol was permitted in the beginning, as evidenced by the first ayah. Then the permission was restricted by Allah’s (swt) saying; “O you who believe! Approach not as-Salah when you are in a drunken state.” [TMQ 4:43]. Then it was forbidden, after this restriction.

    The one who studied these verses from a legislative viewpoint, will not find any gradualism in the prohibition. Before its prohibition, alcohol did not have a rule. In other words, it was left permitted, ie the Shar’a was silent about it, even though the Muslims were drinking it until the revelation of the third ayah. This is further supported by what happened with Sayyiduna ‘Umar b. al-Khattab (may Allah be pleased with him), who said; “O Allah! Give us a clear explanation about alcohol, for it takes the wealth and the mind.”, and so the following ayah was revealed; “They ask you (O Muhammad [saw]) concerning alcohol and gambling.” [TMQ 2:219]. Thus, ‘Umar (ra) made Du’a and so this ayah was recited to him. He said; “O Allah! Give us a clear explanation about alcohol”, so the following ayah was revealed; “O you who believe! Approach not as-Salah when you are in a drunken state, until you know (the meaning) of what you utter.” [TMQ 4:43]. ‘Umar (ra) made Du’a and so this ayah was recited to him. He said; “O Allah! Give us a clear explanation about alcohol”, so the following ayah was revealed; “O you who believe! Intoxicants, gambling, al-ansab (animals slaughtered for idols), al-Azlam (arrows for seeking luck or decision) are an abomination of Shaytan’s handiwork. So avoid (strictly all) that (abomination).” [TMQ 5:90]. Hence, ‘Umar (ra) made Du’a and so this ayah was recited to him, until: “So, will you not then abstain?” [TMQ 5:90]. ‘Umar said: “We have abstained! We have abstained!” [Reported by Ahmad, at-Tirmizi, an-Nasa’i and Abu Dawud]

    Sayyiduna ‘Umar continued to ask Allah (swt) to send down a clear explanation regarding alcohol, which was left permitted before the revelation of the first ayah mentioned above. He continued to ask Him (swt) despite the revelation of the first and second ayah, which indicates that it remained mubah (permitted) until the prohibition was revealed in the third ayah.

    The prohibition in the second ayah is focused on the Salah and not alcohol. The ayah is to do with Salah.The one who scrutinises the Fiqh of this ayah will see that it does not forbid the Muslims from drinking at prayer, rather it prohibited praying in a state of intoxication, so that the Muslims know what they are saying. After the revelation of this ayah, if the smell of alcohol emitted from the mouth of the Muslim and he prayed, or he carried with him a waterskin of alcohol, or drank a certain amount of alcohol that did not affect his thinking, then there was nothing wrong with that.

    Allah (swt) derided alcohol in the first ayah, because it brings harm. In the second ayah, prayer in the state of intoxication was prohibited. In the third ayah, alcohol was prohibited. This cannot be said to be gradualism, since no one permitted the drinking of alcohol after its prohibition ie after the revelation of the ayah of Surah al-Ma’idah, whether in the time of the Messenger (saw), Sahabah, and Tabi’in or those who came after them. The books of Fiqh of the great scholars and mujtahideen of this Ummah did not discuss gradualism in the prohibition of alcohol. The Islamic conquests took place in full swing, and the lands were opened up. The people used to enter the deen in hordes. The Muslims who conquered these lands did not give attention to the newness of the converts who had just embraced Islam, and nor were they silent about the drinking of alcohol. The Muslims who went to the lands did not wait until the converts had also passed the same stages as passed by the prohibition of alcohol, even though they may have needed gradualism; though that is of no significance. Our great early scholars were not familiar with the discussion of gradualism. Rather it is a new discussion, brought about by the severe reality and the difficult circumstances, from the views of some so-called scholars who wished to make it a way of thinking; not only regarding some particular rules but for the whole deen. The Messenger’s (saw) hadith was right when it stated; “Verily he among you who lives [long] will see great controversy, so you must keep to my Sunnah and to the sunnah of the rightly-guided Khulafaa’ – cling to them stubbornly. Beware of newly invented matters, for every invented matter is an innovation and every innovation is in Hell-fire.” [Reported by Abu Dawud and At-Tirmizi]

    The question that the advocates of gradualism use as a way out is; is it allowed to take the previous Hukm under the pretext that rules came gradually?

    The definite answer is; no. This is because the rule that prohibits alcohol is definite. The Shar’a does not permit us to go back to the previous rule, since we would have done what the Shar’a has ordered us not to do. This was the position of the Salaf (the early generations) and the Khalaf (those who came after). Alcohol today has the same Hukm. It does not change at all and the sin is not removed from the one who drinks it.

    3- Their view that the Shar’a dealt with the problem of slavery gradually. This opinion is not valid, because Allah ‘azza wa jalla did not forbid the presence of slaves, rather He (swt) created a way out from it. If they came back into existence, then the rules will return and slaves will exist for the second time.

    4- Their opinion that the Qur’an was revealed in parts and piecemeal; it was not revealed all at once, which indicates the presence of gradualism. The answer to this is that Allah ‘Azza wa jalla used to reveal the rules according to the incidents and events to strengthen the hearts on them. The first thing that was revealed was the Imaan. The Paradise and Hellfire were discussed first, and then the halaal and haraam came. This does not constitute taking part of what was revealed and leaving another part. The Muslims were responsible within the limits of what was revealed. Their responsibility did not go beyond this. When the Imaan was revealed, but the rules were not, the Muslims were responsible for the whole of Islam, but according to the details explained by the Sharee’ah texts at the time. Thus, the Muslims are responsible for the individual Shar’ee rules in all circumstances, whether the Islamic State existed or not. As for the Shar’ee rules entrusted with the Islamic State, they relate to the State. This is the detail that binds the Muslims, and nothing else. And so, we can say there is no turning back.

    Now, after having examined what the meaning of gradualism is, and what it includes and what its justifications are, we move to explaining the correct Shar’ee opinion, with the Shar’ee way of thinking.

    I say the correct opinion, and not the opinion that is closest to being correct, because the idea of gradualism is not from the Shar’a, and it is not allowed to be attributed to the Shar’a. The issue does not relate to gradualism and whether it is a Shar’ee rule or not, as much as it relates to a way of thinking not at all approved of by the Shar’a.

    That is because Islam has a nature that is radically different from anything else. The nature of the Islamic system is that it is established on exclusively following the wahy (revelation); while the man-made system is based on human innovation and experiance which, however strong, will remain deficient in setting down the correct solutions for mans’ problems.

    When the Muslim adheres to the Shar’a, he must make the basis of his adherence the Imaan in Allah (swt), otherwise his adherence will not be accepted. When he calls others to Islam, he must make the basis of his da’wah the Imaan in Allah (swt), otherwise his da’wah will not be accepted. The matter is primarily concerned with Imaan, and then to the correct adherence.

    So that the Muslim can change himself, and change the systems in a correct and sound manner, he must concern himself with the spiritual basis, by first establishing it, and then nurturing it. It will then be easier for him to adhere to Islam, regardless of whether it agrees or does not agree with the reality, nature and the desires of the people. Not relying on the spiritual basis will cause the Muslim to fall into sin, even though it did not lead him to kufr. The fact that Islam has a spiritual basis, ie Imaan in Allah (swt), does not indicate if this hukm is near to or far from the truth. Rather, if we look at this hukm in light of the basis, then we will see how close to or far away from this basis it is.

    Now let us ask those who advocate the idea of gradualism; Where is the spiritual basis in this call? Where is Allah’s (swt) order to be found in it? When did the Messenger (saw) ever resort to it – even though he was in need of it – either in Makkah or Madinah?

    Didn’t the Messenger (saw) say to Bani ’Aamir b. Sa’sa’ah, when he (saw) sought the Nusrah from them; “The matter (authority) is for Allah; He (swt) places it wherever he wishes.”? [Sirah of Ibn Hisham]. This was even though he desperately needed someone to support the da’wah. This is what he (saw) said when they asked if they could take the power after him. Couldn’t he have accepted their request, and then after they had professed belief changed their request? Isn’t it the true da’wah and divine order that has made him (saw) honest in what he says without any flattery or compromise, so that those who were to live might live after a clear evidence, and those who were to be destroyed might be destroyed after a clear evidence?

    Didn’t the Messenger (saw) say to his uncle Abu Taalib, when the latter asked him to lighten the call, and not place an unbearable burden on him; “By Allah O uncle! If they had put the sun in my right hand and the moon on my left, so that I may leave this matter; I will not leave it until Allah made it prevail or I die in the attempt.”? [Sirah Ibn Hisham]. This text from the Messenger (saw) shows that he did not accept to compromise in the slightest, and he gave the best example for his da’wah. He did not compromise or flatter. He did not go along, acquiesce with, or court those in authority. Rather his da’wah was explicit and bold, because that generates the true thoughts with which the falsehood is defeated and destroyed.

    Didn’t Allah (swt) order the Muslims to make Hijrah from the place where they are not able to undertake what He (swt) made obligatory on them? Didn’t He (swt) forbid them to reside there when He (swt) said; “Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them) they (angels) say (to them): ‘In what condition were you?’ They reply: ‘We were weak and oppressed on earth.’ They (angels) say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’” [TMQ 4:97] Ibn Katheer has transmitted an Ijmaa’ (consensus) on the prohibition of residing in a place where the Muslim is not able to establish his deen.

    Didn’t the Messenger (saw) start his da’wah with ‘Laa ilaaha illallah Muhammadur rasoolullah’, and challenge the people with it? It was also his last statement, without any change. Did he call to something less than that at the beginning, and then go on with it gradually? Or was it his (saw) first and last Call?

    Didn’t Abu Bakr fight against those who withheld the payment of Zakah, and not delay his response to them or please them? He made his well-known statement; “By Allah, if they withhold from me the rope of a camel, which they used to give to the Rasool of Allah, I would fight them.” This was his response even though the Muslims witnessed widespread movements of apostasy and rebellion at the time.

    Did the first Muslims who carried the da’wah to Islam ever carry this idea of gradualism? Did they follow this path when they implemented Islam upon the conquered countries, whose land changed from dar al-kufr to dar al-Islam? The early Muslims did not give any attention to the circumstances of those people who were new to Islam. They did not leave them to drink alcohol, waiting for them to become used to not drinking alcohol, dealing with usury or being addicted to women. Rather they entered into Islam completely and abstained from usury, fornication, alcohol and everything Allah (swt) prohibited them from doing. They used to implement the Shar’ee rules regarding the non-Muslims, whether they were individual ones, collective ones, personal one or ones of sufficiency.

    Did the original books of Islamic Fiqh deal with this subject? Did our early trustworthy jurists and Mujtahideen make any mention of gradualism, though it is known that our jurists discussed in detail the kulliyat (total) and juz’iyat (branches) of the Sharee’ah?

    The Sharee’ah in its totality indicates that the obligation of the da’wah be exemplified by honesty and keeping on the straight path; “All the praises and thanks be to Allah, Who has sent down to His slave (Muhammad [saw]) the Book, and has not placed therein any crookedness.” [TMQ 18:1]. Allah (swt) informed us that the Kuffar wish that we compromise and be compliant with them. They want us to relinquish the truth, and accept a quarter or a half of the solution. They want to start by trying to make us do kufr, as in His (swt) saying; “Many of the people of the Scripture (Jews and Christians) wish that they could turn you away as disbelievers after you have believed, out of envy from their own selves…” [TMQ 2:109], and will end with trying to make us take the rules, as in His (swt) saying; “They wish for you to compromise with them, so they (too) would compromise.” [TMQ 68:9] “So (O Muhammad [saw]) obey not the deniers (of the verses).” [TMQ 68:8]. Our Lord has warned us against inclining toward the unjust people; “And incline not toward those who do wrong, lest the Fire should touch you, and have no protectors other than Allah, nor you would then be helped.” [TMQ 11:113]

    The true da’wah to the true Imaan makes the Muslim’s adherence complete, even if he was new to Islam and to its adherence. Our obligation, as da’wah carriers, is nothing but to implant the Imaan in our hearts and devote ourselves to this, until it bears fruit, with the best adherence and Taqwa. The Islamic State, when it is established, will not be established at the hands of people who are devoid (of any Islamic concepts) or full of western concepts. It will not be established by people in whom the da’wah did not work, it will have influenced them and made them accept it. Rather, as we have stated previously, the State must be established upon a public opinion that emanates from a general awareness, which accepts the idea of Islam and of being ruled by it. There is no need to resort to the idea of gradualism, under the pretext of drawing the hearts and minds closer to Islam; nor is there a need to yield to the weakness of human beings or to go along with the reality, because Allah (swt) has ordered us to change the hearts and minds and the reality by Islam.

    If we return to the Qur’an and examine its ayaat, we will find that the command in it is decisive, and that gradualism is from the foreign western thoughts, having been interpolated by so-called scholars through lies and falsehood.

    Whenever an ayah was revealed, the Messenger (saw) and the Muslims with him, rushed to implement it without the slightest delay. The implementation of any hukm that was revealed became obligatory, simply because it had been revealed. After the revelation of His (swt) saying; “This day, I have perfected your deen for you, completed My favour upon you, and have chosen for you Islam as your deen.” [TMQ 5:3], the Muslims became obliged to apply the whole of Islam, whether it is in beliefs, ‘ibadaat, akhlaq, mu’amalaat, and whether the rules relate to ruling, economy, social system or foreign policy, in times of peace and war.

    -His (swt) saying; “And whatsoever the Messenger (Muhammad [saw]) gives you, take it, and whatsoever he forbids you, abstain from it.” [TMQ 59:7], ie take and act upon whatever is brought by the Messenger (saw), and refrain and keep away from everything he has forbidden you. This is because the ‘maa’ in the ayah has come in the ‘aamm (general) form. Thus it includes the obligation to act upon all the obligations, and refrain and keep away from all the prohibitions. The order to take or leave that is mentioned in the ayah is an obligation and this is due to the Qareena (indication) at the end of the ayah, which ordered Taqwa and warned of a severe punishment for the one who does not act upon this ayah.

    -His (swt) saying; “And judge (O Muhammad [saw]) between them by that which Allah has revealed and follow not their vain desires, and beware of them lest they turn you far away from some of that which Allah has sent down to you.” [TMQ 5:49]. This ayah also gives a decisive order to the Messenger (saw) and the Muslims after him to rule by all the rules revealed by Allah (swt), whether it is a command or a prohibition. It also forbids the Messenger and the Muslims after him from following the whims of the people, and submitting to their wishes. Likewise it warns the Messenger (saw) and the Muslims to be aware in case people try to turn them away from applying some of what Allah (swt) has revealed.

    – Allah (swt) said; “And whosoever does not judge by whatever (maa) Allah has revealed, such are the Kaafirun (disbelievers).” [TMQ 5:44] – And He (swt) said; “And whosoever does not judge by what Allah has revealed, such are the zaalimun (unjust, oppressors).” [TMQ 5:45] – And He (swt) said; “And whosoever does not judge by what Allah has revealed, such are the Faasiqun (transgressors).” [TMQ 5:47]

    In these ayaat, Allah (swt) described those who do not rule by what Allah (swt) revealed as being disbelievers, oppressors and transgressors. This is because the ‘maa’ mentioned here came in the ‘aamm (general) form, so it includes all the Shar’ee rules revealed by Allah (swt), whether they are commands or prohibitions.

    From everything has been mentioned, it certainly becomes clear with no ambiguity, that it is obligatory on the Muslims, whether as individuals, groups or the State, to apply the rules of Islam completely without any delay, procrastination or gradualism. There is no excuse for the individual, group or State for not implementing the rules.

    Gradual implementation completely contradicts the rules of Islam. The one who applies some of the rules and leaves some, is considered sinful in the sight of Allah (swt), whether it is a individual, group or State.

    The waajib (obligated) remains a waajib and it is obligatory to act upon it, and the haraam remains haraam and it is obligatory to stay away from it. When the delegation of Thaqeef asked the Messenger (saw) to leave al-Lat for three years without breaking it, or to exempt them from praying on condition that they embrace Islam, he (saw) did not accept it from them and he rejected it completely. He (saw) insisted on destroying the idols without any delay, and insisted that they pray without any delay.

    Allah (swt) has described the ruler who does not apply all the rules of Islam, or the one who applies some of them only, as a kaafir. This is if he does not believe in the suitability of Islam or does not believe in the suitability of the rules he has abandoned. He is described as an oppressor and transgressor, if he does not implement all the rules of Islam or he implements some of them whilst believing that Islam is suitable for implementation.

    The Messenger (saw) has made it obligatory to fight the ruler and unsheathe the sword to his face if he displayed any kufr buwah (explicit disbelief) for which we have a burhaan (clear proof) from Allah (swt). In other words, if he ruled by the rules of kufr, and there is no doubt that they are kufr rules; and this is regardless of whether they are few or many. This is owing to the hadith of ‘Ubadah b. Saamit: “that we would not dispute with the people in authority, unless you witness fragrant kufr for which you have a burhaan (conclusive proof) from Allah.” [Reported by Muslim]

    Therefore there is no complacence or gradualism in the implementation of the rules of Islam, since there is no difference between one waajib and another waajib, or between one haraam and another haraam, or between one hukm and another hukm. The rules of Allah (swt) are all the same. They should be applied and executed without any delay, postponement or gradualism. Otherwise the saying of Allah (swt) will apply to us; “Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment.” [TMQ 2:85]

    There is no excuse for the Muslim not to apply a Shar’ee rule, whether he is a ruler or a normal individual, unless there is a Shar’ee rukhsah (dispensation) mentioned in the Shar’ee texts. Inability is considered a Shar’ee dispensation, in the case of true and tangible weakness (or what is most probably that) ie in the case of true compulsion, such as the case of the one coerced into doing a haraam or the example when the Messenger (saw) offered a third of the fruit produce of Madinah to the tribe of Ghatfaan, or the example of the Khaleefah who accepts to resort to arbitration with rebels, or when carrion becomes permissible for the one who is under duress and fears death.

    From what we see in this gradual approach, we find that such an idea has arisen amongst its advocates because of the pressure of the reality. To free themselves from such pressure, they went to hunt for evidences for this approach, so as to provide a justification and permission to do da’wah according to it. This is because the idea existed first, and then they produced a Shar’ee evidence, which they interpreted in such a way as to serve the idea. This is the beginning of deviation. Our advice to those Muslims who are established on the idea of gradualism is that they must discard the weakness they have within them. Their linkage to the Shar’a should be that of the one who trusts his Lord, has a strong Imaan that He (swt) is the one who manages the affairs, and changes the circumstances, and that He (swt) grants the victory to those who deserve it. They must be like this, so that with this Imaan they can face the severity of the reality and the harshness of the circumstances. So he feels elevated with his Imaan above (the reality) and makes it the departure point of the da’wah and the final point. All this will be reflected, in terms of the correct restriction and right adherence (to the Shar’ee rules), on those whom we invite. This will happen without the need for gradualism.

    The call to gradualism is a call to other than Islam, and this is haraam. This makes the non-Muslim, or the deficient Muslim who is invited on this basis, hesitant in accepting what is presented to him. The responsibility of this hesitancy lays on the one who calls for gradualism. This is because Islam has not been presented to him, and because his presentation is far away from the spiritual basis that is based on the Imaan in Allah (swt), the Creator and Manager of all affairs, and on whose basis the Shar’ee rule is adopted or rejected. This makes the hujjah (proof) of Allah (swt) against those Muslims who call for gradualism; not against the ones whom they invited.

    The call for gradualism includes interference and domination over the legislation, when it allows people to make partial implementation, under the pretext that they are not strong enough to make complete and immediate application. We are ordered not to put anything in front of Allah and His Messenger, or deviate away from them. The one who solves the problems of man is His Lord, the All-Knowing, the All-Informed, Who knows what He has created. How can the Muslim allow himself, when he calls for gradualism, to interfere in this process of legislation? The correct position is that the task of the da’ee (carrier of the da’wah) is restricted to executing and conveying the solution; not legislating it.

    The call to gradualism provides the da’ee with a corrupt way of thinking, on whose basis he invites the people. When the person that he calls to gradualism is affected by it, it will corrupt his way of thinking, which must be changed just as the erroneous thoughts have to be changed. This is if we know that the way of thinking comes at the beginning of the transformation process, since it is more important than the changing of thoughts. We cannot ensure a credible change of the Ummah until we change her way of thinking, even in a general manner. This corrupt method by which he thinks and calls people will take the place of the correct method.

  • Q&A: About Dua’a (supplication)

    The following is the translation of an Arabic Q&A from the website of Sheikh Ata’ Abu Rashta.

    Question: 

    Discussion took place at a meeting on the subject of prayer, particularly what has been mentioned in the book “Concepts of HT” at page no. 57 and 58… so, it is stated: Is supplication (Dua’a) is an action which is for reward only? Or it an action which achieves tangible result also? Is the method of implementation of Islamic idea is not incorporated in supplication (Dua’a), rather these are materialist actions which achieve tangible results? Is combining these actions with supplication (Dua’a) contrary to the method of Islam? And what about the Hadith of the Prophet (saw): “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly“. I.e. are there tangible results which happen due to effect of Dua’a as if does Allah expedite realization of the need of the supplicant in Duniya? As Allah favours his servants by responding to the supplication of the distressed one when he calls Him, as mentioned in the noble Ayah (Is not He (better than your gods) Who responds to the distressed one, when he calls Him)…

    Kindly clarify this matter and May Allah reward you.

    Answer: 

    There seems to be confusion in understanding what was mentioned at pages 57 and 58 of the Concepts. So, what is mentioned therein on the subject of Dua’a, and that it attains non-tangible results “reward” is in the context of a particular case, i.e. the Shar’ai rules have explained the method of dealing with any issue. However, we don’t utilize it. Rather, we suffice to supplicate only. The book has cited the examples of Jihad and Dua’a, towards opening a fortress or fighting an enemy…

    With regard to the other circumstances, Dua’a may produce tangible results if Allah wills in addition to the award as mentioned in the reported hadith of the Prophet (saw), which was stated in the question.

    In order to shed light upon the matter, I will review what was mentioned at pages 57 and 58 of the Concepts:

    1- It was mentioned at the beginning of page 57: (On examining those actions which are defined by the Shar’ai rules related to the Tareeqah, we find that they are materialistic actions achieving tangible results. They are not actions aimed at achieving non-tangible results…), end of quotation.

    And this is correct. By examining the evidences, it is found that the actions related to the Tareeqah achieve tangible results.

    2- Then the book compared the above text between Dua’a and Jihad in case of opening a fortress or city or killing the enemy, and deemed that the prayer (Dua’a) alone is not the way and that Jihad is the method in this case on the strength of the evidences stated therein …

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

    So, the comparison here is between prayer (dua’a) and Jihad at the time of fighting enemies or opening a fortress..:

    If only dua’a is performed, it achieves a non-tangible result which is the reward. This is because the way stated in this case is Jihad and not Dua’a.  So, the topic here is to make comparison between the supplication (dua’a) alone, in case it was used alone in a issue without adopting the way clarified for the same issue.

    This case cannot be generalized by making the supplication (dua’a) ‘in other cases, which don’t have any effect in the tangible results, rather they only achieve the reward! For the reason that what has been mentioned in the earlier passage is related to a issue which in the Sharia has a practical way that was not followed; rather only the supplication (dua’a) was performed and supplication (dua’a) achieves non-tangible results which is reward.

    It seems that the confusion came from the sentence stated in the example that cited, so it has been stated “However, dua’a, although being a materialistic action, it achieves a non-tangible result which is the reward…“, so the sentence was considered by some of you to have a general implication i.e. the supplication (dua’a) in all cases achieves only the non-tangible results “reward”, while the context of the parable is in a particular case, which is to make use of only the supplication (dua’a) in opening a fortress or defeating an enemy without adopting the way (required to achieve the target) which was stated in the texts to be “Jihad”.

    3- As for the supplication (dua’a) together with adopting the means, it have impact on the results, as it was practiced by the Prophet (saw) and his companions (may Allah be pleased with them). So, the Prophet (saw) used to prepare the army and also enters Al Arish supplicating Allah. The Muslims in the battle of Qadisiyah were preparing themselves to break into the river, and (at the same time) Saad (may Allah be pleased with him) was engaged in supplication to Allah… This way the true believers used to prepare themselves (for the battle) and supplicate for blessings of Allah. Likewise, anyone seeking to earn livelihood, strives and works hard as well as supplicates Allah; the student studies and take pains as well as ask Allah for the success and accordingly, it has impact on the results if Allah wills.

    It was stated in the Concepts at the bottom of page 58: (It must be noted that though the action indicated by the Tareeqah is a materialistic action which achieves tangible results, this action should be directed by the commands and prohibitions of Allah with the intention of earning Allah (saw) pleasure. The Muslim must also be dominated by his awareness of his relationship with Allah, so he seeks nearness to Allah through salahdua’a, recitation of the Qur’an and so on. He must also believe that Nasr is from Allah. It is necessary that Muslims maintain taqwa established in the heart to implement the rules of Allah. It is also necessary to make dua’a and to remember Allah (dhikr), and to maintain the relationship with Allah whenever undertaking all actions). So the importance of Dua’a coupled with adopting the means is evident in all actions of the believer. And the repetition of the word “must” has increased this importance to show the great significance of connecting all the actions with Dua’a and always having close relationship with Allah…    

    4- Performing Dua’a together with adopting the means, as we said earlier, was the practice of Prophet (saw), his companions (may Allah be pleased with them) and the believers. They, when coupled together, have the impact on the results if Allah wills, and their simultaneous use does not violate the Islamic way. Rather, what violates the Islamic way is to get restricted to Dua’a only without adopting the way explained by the Shar’ai rules for implementing the Islamic fikrah (Idea).

    It was stated at the end of page 57 and beginning of page 58: It is completely unacceptable that all actions used to implement the Islamic Fikrah be those actions that achieve non-tangible results. This is contrary to the nature of the Islamic Tareeqah) i.e. it is contrary to the nature of Islamic Tareeqah that “all the actions aimed at implementing the Islamic Fikrah are the actions which achieve non-tangible results”. However, the fact that some of them that achieves non-tangible results “Dua’a in specific cases” are coupled with actions that achieve tangible results “the materialistic preparation” so it is an expected and significant matter and is not contrary to the nature of Islamic Tareeqah.

    5- Thus, what was stated in the Concept on the subject of Dua’a, has two conditions:

    First:  It alone should be used to implement a Fikrah, which has no specific way for implementation. Rather, the texts stipulated another way to implement it such as Dua’a in the case of fighting the enemy, that we should stand in front of the fortress in order to open without preparing an army for fighting but to resort to Dua’a only. In such a case, Dua’a does not achieve except non-tangible results and that is “reward”.

    Second: Dua’a should be coupled with adaptation of the means and this is an indispensable matter. In such a case, both participate i.e. “Dua’a and adopting the means” in having impact on the results if Allah wills.

    And there is nothing in the “Concepts” which talks about Dua’a in other cases. Rather, that is covered by the general hadith stated by Ahmad in his Musnad, reporting from Abu Al Mutawakkil, who reported from Abu Sa’eed that the Prophet (peace be upon him) said: “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly” i.e. Allah the Almighty responds to the supplicant with one of the three, including “Either He will answer his prayer quickly“. And this is a tangible result.

    6- Therefore, there are possible tangible results of Dua’a in a case other than what was stated in the Concepts, as the Hadith mentioned one of the three “Either He will answer his prayer quickly” and this is a tangible result. Example of this is what happens in Salat Al Istisqa (the prayer for rain) “which is a Dua’a” in terms of achieving tangible results by the rainfall, and what happens in ruqyah “which is a Dua’a” in terms of achieving tangible results by the healing of patient. These cases are similar to what happens when one gets cured by receiving the materialistic treatment…

    Allah favours his servants in his noble Ayat by responding to the supplication of the distressed one, when he calls Him. Thus He has made this responding a proof that there is no god but Allah. And it is evident from the above that, responding to the distressed one is here in this world. The word “distressed” is a description which indicates requesting a need in this world. Accordingly, the respond is tangible if Allah wills. He the Almighty says: (Is not He (better than your gods) Who responds to the distressed one, when he calls Him and Who removes the evil, and makes you inheritors of the earth, generations after generations. Is there any ilah (god) with Allah? Little is that you remember).

    Allah the Almighty enjoins us to supplicate him and promises to respond to it (And your Lord said: “Invoke Me, [i.e. believe in My Oneness (Islamic Monotheism)] (and ask Me for anything) I will respond to your (invocation). The Prophet (saw) has explained this responding that it is “one of the three” including the tangible result. And of course achieving the results whether they are tangible or non-tangible, are all from Allah’s willingness and favor.

    In summary:

    The gist of what was stated in the Concepts is:

    A-   The Tareeqah are actions that achieves tangible results:

    B-    The comparison between only Dua’a and Jihad is related to the subject of opening a fortress or fighting an enemy… so, Dua’a in this case does not lead to a tangible result. Rather, only to reward for the reason that it alone is not the way to open the fortress or kill the enemy…

    C-    All actions used to implement fikrah of Islam should not be those (actions) that lead to non-tangible results. Rather, the actions that achieve tangible results should be coupled with actions that achieve non-tangible results such as preparation of the army for fighting together with supplication (Dua’a) to Allah the Almighty for victory.

    D-   Dua’a is essential for a Muslim during his performance of the Tareeqah… as was the practice of the Messenger of Allah (saw) and his companions (may Allah be pleased with them).

    * This is what was stated in the Concepts on the condition of Dua’a that does not exceed the reward, i.e. in case Dua’a alone is used to an issue such as opening of fortress…, and not adopting the Tareeqah clarified by the Shar’ai rules related to the same issue, which is in this case is Jihad.

    As for other cases of Dua’a, they fall under the general hadith of the Prophet (saw) “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly” as stated by Imam Ahmad in his Musnad.

    It is evident from this hadith that Allah the Almighty fulfills the need of the supplicant in this world that is tangible or diverts an equivalent evil from him in this world and that is also tangible, or He will keep equivalent reward for him on the day of resurrection and that is reward i.e. non-tangible result. Allah the Almighty is of the immense favor, as well as He is the Most Beneficent and the Most Merciful, honors His servant the reward of his Dua’a, even by answering his supplication in this world. So, all the praise is for Allah (SWT), the Sustainer and Cherisher of all worlds.

    4th Dhu’l-Qadah, 1432 AH. 

    1st October, 2011 CE.

  • Fasting and Piety (Taqwa)

    يَا أَيُّهَا الَّذِينَ آَمَنُوا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ

    O ye who believe! Fasting is prescribed to you As it was prescribed to those before you, that ye may (learn) self-restraint (al-Baqarah: 183)

    The verses (ayah) preceeding the above one explained about a number of obligations imposed on Mu’min. In ayah 178 it is mentioned about the obligation of qisâs punishment to the perpetrators of murder. The punishment could not be imposed if the perpetrators get forgiveness from the victim’s family and pay compensation (diyat). It is confirmed in the next ayah that in qisâs punishment there is a life.

    The three verses that followed talked about a will. The dying people are required to make a will over the wealth which is left to their inheritors (see 180). Anyone who dare to change the will that has been made liable to sin (see 181). There is no wrong in anyone who fears impartiality or wrong doing on the part of the testator, then he makes peace between them (ayah 182). After from this ayah to ayah 187 – except ayah 186 – explain about the obligation of fasting.

    Tafseer ayah

    Allah Swt says : Yâ ayyhuhâ al-ladzîna kutiba ‘alaykum al-shiyâm (O ye who believe! Fasting has been prescribed to you). The call of this ayah is addressed to the believers (Mu’min). The call to the Mu’min in this ayah and other ayah contain clues that the nature of faith requires the perpetrators to obey, follow, and listen to the commands and prohibitions which will be conveyed in the next sentence.

    It is mentioned in this ayah, that the believers are obliged to fast. As explained by many mufassir, such as Ibnu Jarir al-Tabari, Ibnu ‘Atiyah, al-Khazin, and al-Biqa’i the word kutiba ‘alaykum here means furidha ‘alaykum (it is prescribed for you). Even according to al-Farra’ all phrases of kutiba ‘alaykum in al-Quran mean furidha ‘alaykum (it is prescribed for you). In addition to fasting, the word kutiba ‘alâ is also used for some other obligations. In (al-Baqarah 2: 178) it is stated: kutiba ‘alaykum al-qisâs. The phrase kutiba ‘alaykum is also imposed on dying people to give a will to the parents and the relatives (al-Baqarah : 180). It is noteworthy that the obligation to make a will is finally abolished (nasakh) with the ayah about a will In (al-Baqarah: 216) Allah Swt also says : kutiba ‘alaykum al-qitâl. All phrases of kutiba ‘alaykum in those ayah give the meaning of furidha ‘alaykum.

    In addition to the phrase kutiba ‘alâykum, the obligation of fasting is also based on the indication (qarînah) which is found in the following ayah, that the sick people or travelling are exempted from fast. However, they are obliged to replace or to compensate fasting (qadha) on other days. The obligation of compensating fast on other days shows that the law of fasting is mandatory. ‘Ata bin Khalil stated that in every appeal in which there is a speech or deed which requires continued actions unless there is a reason (uzur), then be given rukhshah, qadha’, or forgiveness is one of the indication (qarînah) for jazm (firmness and certainty) of an appeal.

    Linguistically, the word al-siyâm means al-imsâk (to refrain) from doing something, either eating, talking or walking. This literal meaning is as found in the saying of Allah Swt:

    إِنِّي نَذَرْتُ لِلرَّحْمَنِ صَوْمًا فَلَنْ أُكَلِّمَ الْيَوْمَ إِنْسِيًّا

    I have vowed a fast to ((Allah)) Most Gracious, and This Day will I enter into not talk with any human beings (Maryam: 26)

    In the ayah, the word sawm[an] means to refrain from talking. While the shari’i meaning, al-siyâm means to refrain from eating, drinking and doing intercourse (jima’) from dawn until dusk which is accompanied by intention (niyat). This understanding is taken from the arguments in al-Quran and Sunnah. In relation with the prohibition of eating, drinking, and haing intercourse as mentioned in the saying of Allah Swt:

    أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَى نِسَائِكُمْ هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ عَلِمَ اللَّهُ أَنَّكُمْ كُنْتُمْ تَخْتَانُونَ أَنْفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنْكُمْ فَالْآَنَ بَاشِرُوهُنَّ وَابْتَغُوا مَا كَتَبَ اللَّهُ لَكُمْ وَكُلُوا وَاشْرَبُوا حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى اللَّيْلِ

    Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so Now associate with them, and seek what Allah hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast till the night appears (Baqarah : 187).

    In that ayah it is confirmed that the Muslim are allowed to have sexual relationship between husband and wife at night in the fasting month. It means that they are forbidden during the day. In terms of eating and drinking the muslim are welcomed to eat and drink at night. The limit is until dawn. When dawn is set , then muslims are ordered to fast until evening, which is until sunset.

    In relation to an intention to do fasting, it is based on the Hadith from Umar bin al-Khattab, he heard Rasulullah saw said:

    إِنَّمَا الْأَعْمَالُ بِالنِّيَّاتِ وَإِنَّمَا لِكُلِّ امْرِئٍ مَا نَوَى

    Truly, the rewards of deeds depends on intention (niyat), and indeed all things depends on intention (Bukhari, Abu Dawud, and Ibnu Majah from Umar bin al Khattab)

    Based on this Hadith, the action of fasting can be declared valid, if it is accompanied by the intention of the one who is fasting. If it is not based on intention of fasting, then the deeds are not categorized as fasting, though physically it looks the same or simlilar to fasting. Imam al-Nawawi stated, the intention (niyat) is required to differentiate between ‘âdah (ordinary action) with worship, or one kind of worship with another worship being practised. He gave an example of someone who is sitting inside a mosque. The action can be intended to sit down only , it can also be done as an act of worship (ibadah) with the intention of i’tikaf. What renders the two different (between ibadah or a common deed) is the intention.

    Especially for obligatory fasting, the intention of fasting must be done before dawn. It was narrated from Hafsah ra, from Rasulullah saw said:

    مَنْ لَمْ يُجْمِعْ الصِّيَامَ قَبْلَ الْفَجْرِ فَلَا صِيَامَ لَهُ

    Anyone who does not have an intention to fast before dawn, then his fasting is illegitimate. (Reported by Abu Daud and al-Tirmizi).

    This Hadith becomes a dalil of the necessity to have intention on the eve of fasting. In other words, the intention of fasting must be done at night, starting from maghrib. While for sunnah fasting, the intention is allowed after dawn. It is based on a hadith from Aisyah ra who said that :

    رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذَاتَ يَوْمٍ يَا عَائِشَةُ هَلْ عِنْدَكُمْ شَيْءٌ قَالَتْ فَقُلْتُ يَا رَسُولَ اللَّهِ مَا عِنْدَنَا شَيْءٌ قَالَ فَإِنِّي صَائِمٌ

    One day Rasulullah saw came into my place and asked , “Do you have something (to eat)?” Aisyah replied, “No.” He said, “Then, I am fasting.” (Reported by Muslim).

    This attitude (Fi’liyyah) of Rasulullah (SAW) is a dalil that the intention for sunnah fasting can be done during the day on the condition that someone has not been eating or drinking.

    Furthermore, in this ayah Allah Swt says : kamâ kutiba ‘alâ al-ladzîna min qablikum (As it was prescribed to those before you). Ibnu ‘Abbas said that they are People of the Book. Al-Zamakhshari, al-Alusi, and al-Baidawi said that the previous people starting from Prophet Adam to this ummah. According to Abdurrahman al-Sa’di the notice is useful to arouse the spirit of this ummah. “Let you compete with other ummah in perfecting righteous deeds and hastening in correcting the attitude, and that is not a burdening matter.

    There are differences in tasybîh (resemblance) of fasting that is required to the previous ummah. Some said that the resemblance of fasting is in terms of time and size . Another opinion said that the resemblance is simply in the obligation of fasting itself. The second opinion seems to be more acceptable because the resemblance of the obligation does not require the resemblance of kayfiyyah. Even, each of the prophet’s shariah has their own kayfiyyah. It is generally reported by Allah Swt in His saying:

    لِكُلٍّ جَعَلْنَا مِنْكُمْ شِرْعَةً وَمِنْهَاجًا

    To Each among you have we prescribed a law and an open way. (al-Maidah : 48)

    Furthermore, Allah Swt says : la’allakum tattaqûn (that ye may (learn) self-restraint). At the end of this ayah, it is explained that the wisdom of the obligation of fasting is that the perpetrators become pious people. Abdurrahman al-Sa’di said that fasting is the greatest means to be pious (taqwa).

    The word taqwâ is originated from the word waqâ which means to protect. The word is then used to refer to attitudes and actions to protect oneself from the wrath and punishment of Allah Swt. This means by implementing the commands of Allah Swt and staying away from His prohibitions. This is the meaning of taqwa.

    In the next ayah it is explained that the obligation of fasting was imposed for several days (ayah 184). The days that are required to fast are the whole days in the month of Ramadhan. In the month when al-Quran was revealed, anyone who has no excuse (uzur) is required to fast (ayah 185).

    Reaching for Taqwa by Fasting

    Among important matters explained in this ayah is the wisdom acquired by fasting. According to this ayah, fasting can make the perpetrators have the attitude of piety, which is the willingness to be obedient and subject to all commands and prohibitions of Allah Swt.

    When examined carefully, fasting can bring the believer to attain piety on condition that fasting can be understood and carried out correctly. In fasting, someone is trained to remember Allah Swt in any space and time. When fasting, someone is reminded that there is no hidden place from the sight and hearing of Allah Swt. So, wherever he is, he does not dare to eat even a tiny bit; drink water even just a sip; or have an intercourse with his wife although in an enclosed space. If the conviction is implemented not only in fasting, but in all activities of life, then it will result in pious individuals. It is the individuals who are always obedient and faithful to His commands and prohibitions, wherever and whenever he is.

    Fasting also trains humans to control passion. It is true that they need to eat, drink and interact with the opposite sex. However, those things should not be excuses for them to indulgence in lust such as what is done by animals. Humans are only allowed to consume food and drinks which are halal. Likewise, it is the same with the relationship with the opposite sex. People are only allowed to have intercourse with someone who is lawful. People who are fasting are able to control their desires.

    By fasting, people are trained to live in disciplined manner by the shariah. He is very disciplined, eventhough being thirsty or hungry, they must resist not to drink or eat until maghrib time arrives. Although their sexual instincts may get agitated , people are still able to suppress it until the permitted time. If fasting is done successfully, this may be the way to attain personal piety becomes achievable. Imagine that during fasting they are able to withstand thirst and hunger of which is lawful in other months, then they should also able to refrain from eating or drinking from forbidden wealth. If someone is able to refrain from having intercourse with his wife at noon, he should be able to refrain from committing fornication.

    Therefore, it is no wonder that someone who has not been married is ordered to fast. Rasulullah said:

    يَا مَعْشَرَ الشَّبَابِ مَنْ اسْتَطَاعَ مِنْكُمْ الْبَاءَةَ فَلْيَتَزَوَّجْ فَإِنَّهُ أَغَضُّ لِلْبَصَرِ وَأَحْصَنُ لِلْفَرْجِ وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالصَّوْمِ فَإِنَّهُ لَهُ وِجَاءٌ

    O youth, anyone of you who have been able to bear burden, you should marry. It is because marriage is more able to lower gaze and protect your privates. Anyone who has not been able to marry, then he should fast, because fasting is a shield for him (Reported by al-Bukhari, Muslim, from Abdullah ra).

    As a result, if fasting is understood and done correctly, it (fasting) will bring the make those undertaking the fast to become pious. Not only fasting, all activities of worshipping Allah Swt, if understood and done correctly, will also bear the fruit of piety. Allah Swt says:

    يَا أَيُّهَا النَّاسُ اعْبُدُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ وَالَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ

    O ye people! Adore your Guardian-Lord, who created you and those who came before you, that ye may have the chance to learn righteousness (al-Baqarah : 21)

    We beg to Allah Swt that all of our fasting and worship can bring us to become pious people; to whom paradise, as wide as heaven and earth, is provided.

  • Tafsir of Sura Baqara – The Noble Verse of Fasting

    SHAYKH `ATA IBN KHALIL (Allah preserve him)

    TAFSIR of SURAT AL-BAQARA: THE NOBLE VERSE OF FASTING

    Allah states in the Qur’an: {O believers! Fasting has been mad obligatory for you just as it was made obligatory for those before you so that you may attain taqwa [Q. 2:183-187]}

    Notes of Shaykh `Ata’s tafsir of the noble verse:

    • The verse establishes the obligation to fast but not the number of days or what month.[1]

    {ya ayyuha’lladhin amanu: ‘o believers’; grammatically it is the vocative address, referring to the Muslim umma as a whole.[2]

    The evidence for the obligation of fasting from the verse:

    • Shaykh `Ata’ writes:

    “As for why the verse establishes the obligatory nature of fasting, it is because of the following: [1] {Fasting has been written/prescribed (kutiba `alaykum) for you [Q. 2:183]}. This is an informative statement that denotes a request (talab), i.e. ‘fast!’ [2] the need to make up for the fast later (qada’) when one does not have to fast such as in the case of the sick and the traveller is an indication (qarina) of the decisive nature of the request (al-jazim fi ’l-talab). If it was not a decisive request (talaban jaziman) then there would be no reason to make up the fast later. {a fixed number of days; butwhoever is sick or a traveller amongst you then the same number of  days will be made up another time [Q. 2:184]}. For that reason the request to fast is decisive and therefore an obligation. [3] Likewise, in the part of the verse {whoever of you sights [the crescent on the first night of] the month of Ramadan, he must observe the fasts that month[Q.2:185]}. This is a request from the one present and not travelling to fast in the month. The statement of Allah after it that goes {and whoever is ill or on a journey, the same number of days which one did not observe fasts must be made up from other days} is an indication for the decisive value of this request of the obligation on the sick and the traveller to make up the fast later if they are unable to. This indicates that the request is decisive and therefore an obligation.”[3]

    {la`allakum tattaqun}: perhaps you can attain God-consciousness or so that you can attaintaqwa (= defined as: “awe and fear of Allah, utter obedience to Him and preparation for meeting Him Most glorified is He”[4]; thus the wisdom (hikma) behind fasting is to realise God-consciousness.

    {ayyamal-ma`dudat}: fixed days; here refers to a little number because the word “ma`duda” is used by Arabs to denote ‘a little’;[5] these little days refer to the month of Ramadan that can be 29 or 30 days as mentioned by the Holy Prophet (saw): ‘this month that is either twenty nine days or thirty days’ (Bukhari, Sahih [#1780]).[6] Moreover, the aim and emphasis of the verse is not the number of the days but the duty to fast hence the grammatical type of the word ‘days’ is indefinite.[7]

    {aw `ala safarin}: or travelling; here refers to what the Shari`a defines as a traveller and in modern measurements approximates to the one who exceeds 90km in distance.[8]

    {yutiqunahu fidyatun ta`amu miskin – and for those who are unable to fast except with extreme difficulty, then they should feed the poor persons [Q. 2:185]}: here referring to old persons, the infirm, the chronically ill, etc; they have the choice to pay a monetary compensation (fidya) for not being able to fast;[9] the word fidya is a grammatical substitute (badal) for ta`am miskin (feeding the poor) in the verse.

    {shahr Ramadan alladhi unzila fihi ’l-qur’an}: the Qur’an was revealed in the month of Ramadan; the verse begins with the mention of the month of Ramadan before the descent of the Qur’an in order to distinguish it and honour it.[10]

    {hudan li ’l-nas}: a guidance for the people; grammatically circumstantial accusative (hal mansub).

    {wa bayyinat min al-huda}: a clear guidance that is inimitable, miraculous and evident that it is from Allah (swt); grammatically a circumstantial conjunctive (hal ma`tuf).

    {al-furqan}: the criterion; that which differentiates between Truth and falsehood; Right and wrong; righteous actions and unrighteous actions.

    Shaykh `Ata’ writes regarding verse 185: {Allah intends for you ease, and He does not want to make things difficult for you. He wants that you must complete the same number of days, and that you must magnify Allah on seeing the crescent of the months of Ramadan and Shawwal for having guided you so that you may be grateful to Him}:

    “He glorified is He mentions in this verse the wisdom (hikma) from the fast. He glorified is He wants ease for us in following this obligation to fast and does not want difficulty – which is hardship and harm/destruction – so that we can complete the fast as easily as possible. If we are unable to fast in the prescribed time then we can make up for it later; if we are unable to do this we are permitted to pay the fidya; but if we are able to complete the fast in its prescribed time – i.e. the month of Ramadan – then we should magnify Allah on the day of `Id upon having completed the fast and be grateful for all the bounty He has given and for allowing us to fulfil this great obligation.”[11]

    Shaykh Ata’ writes regarding the verse: {And when My slaves ask you [O Muhammad] concerning Me, then answer them, I am indeed near. I respond to the invocations of the supplicant when he calls on Me. So let them obey Me and believe in Me, so that they may be led aright Q. 2:186]}:

    “Ibn Abi Hatim mentions that a Bedouin asked the Messenger of Allah (saw): ‘Is our Lord close so that we may converse with Him or is He far that we have to call upon Him?’ The Messenger of Allah (saw) was silent and then Allah revealed the noble verse. Allah glorified is He informs in this verse that He is close and responds to the caller’s supplication when he makes it to Allah who hears it as nothing is kept hidden from him and He responds to it never letting it amount to nothing. He is close and near to His servant listening to him and seeing him in the manner He described it to Musa and Harun (as): {I am with you both, listening and watching [Q. 20:46]}”[12]

    And with Allah is all success.

    Peace and blessings be upon our Beloved,

    The Messenger of Allah,

    Upon his family and companions,

    And upon all those who follow them.

    s.z.c.


    [1] `Ata’ ibn Khalil, Taysir Fi Usul al-Tafsir, p.212. Cf. also “Tafsir of Surah al-Baqarah 183-185” in Khilafah Magazine, (12), Sep. 2010, pp.14-15.

    [2] Ibid, p.212.

    [3] Ibid, p.212.

    [4] Ibid, p.213.

    [5] Ibid, p.212.

    [6] Ibid, p.212.

    [7] Ibid, p.216.

    [8] Ibid, p.213.

    [9] Ibid, p.215.

    [10] Ibid, p.216.

    [11] Ibid, p.217.

    [12] Ibid, p.218.

  • Moon sighting – Distinguishing between nationalism, political allegiance & fiqh (jurisprudence)

    The following is an updated version of an article that was published previously about this topic. 

    Allah (swt) says: “Whoever witnesses the crescent of the month, he must fast the month.” [TMQ 2:185]

    Today, the matter of when to begin the month of Ramadhan and when to celebrate the day of Eid ul-Fitr is a subject of controversy, dispute and debate the world over. In many countries such as those in the west or the Indian sub-continent Muslims begin the month of fasting on different days, this variance often exists in the same country, city, locality, community and even within families. In some places like India in most years there are even three different days where people begin the blessed month.

    To get to the strongest Islamic view on this subject we have to put our emotions, national, tribal, political or even scholarly allegiances aside and sincerely study the reality of the subject, the Islamic evidences that apply to this reality and commentary of the respected Mujtahideen and jurists upon this issue.

    This article will explain the reality of the lunar month, the evidences from the Islamic sources of law and the opinion of respected Islamic scholars throughout history and will prove that in most cases today the differences that exist are not based on valid juristic differences (ikhtilaf) but rather on un-Islamic bases such as nationalism, tribalism or blind allegiance.

    The reality (maanat) of the lunar cycles & astronomical new moon

    A lunar calendar is one that is based on cycles of the lunar phase. What is known as a lunar phase or phase of the moon is the appearance of the illuminated (lighted) portion of the Moon as seen by an observer on Earth. The lunar phases change cyclically as the Moon orbits the Earth, according to the changing relative positions of the Earth, Moon, and Sun. One half of the lunar surface is always illuminated by the Sun (except during lunar eclipses), and hence is bright, but the portion of the illuminated hemisphere that is visible to an observer can vary from 100% (full moon) to 0% (new moon).

    Allah, Almighty the creator of the sun and the moon said:

    “They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage.” [TMQ 2:189]

    The moon orbits around the earth in a predictable way and the earth orbits the sun in a predictable way. From earth we see the moon appearing at the beginning of a lunar month as a crescent, then gradually increasing day by day until it becomes a full moon in the middle of the month and then gradually wanes, the crescent gets thinner and thinner until it vanishes and the new month begins. People refer to this vanishing of the moon by using the term ‘the Astronomical New Moon’, or ‘the invisible New Moon’, this is the moment when the moon is almost directly between the earth and the sun. At this moment the moon’s dark surface faces the earth. Therefore it is completely invisible even if it occurs in the middle of the night. The Astronomical New Moon occurs every 29 days, 12 hours, 44 minutes, and 2.8 seconds. The date and time of this invisible New Moon is commonly found in almanacs, newspapers and calendars.

    The obligation to begin Ramadhan & Eid based on sighting

    The final Prophet and Messenger to mankind our master, Muhammad (saw) described to us the Hijri lunar month and gave us specific instructions as to when to begin the month of Ramadhan. He (saw) did not order us to begin the month of fasting with the birth of the astronomical new moon but rather instructed us to look for the new crescent moon on the twenty-ninth night and begin Ramadhan if it is sighted or otherwise to complete thirty days.

    Bukhari reported on the authority of Ibnu Omar (ra) that the Messenger of Allah (saw) said: “The month consists of 29 nights, so do not fast till you have sighted it (i.e. the new moon), and if the weather were cloudy, then complete it as thirty days.”

    In the narration of Muslim, the Messenger of Allah (saw) said: “The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days).”

    Bukhari and Muslim reported on the authority of Abdullah Ibnu Omar (may Allah be pleased with them) that the Messenger of Allah (saw) mentioned Ramadhan and said: “Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days).”

    Muslim also reported on the authority of Abdullah Ibnu Omar (ra) that the Messenger of Allah (saw) made mention of Ramadhan and with a gesture of his hand said: “The month is thus and thus. (He then withdrew His thumb at the third time indicating 29). He then said: Fast when you see it, and break your fast when you see it, and if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days.”

    Muslim also reported on the authority of Abdullah Ibnu Omar that the Messenger of Allah (saw) said: “The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again at the commencement of the month of Shawwal) then break it, and if the sky is cloudy for you, then calculate it (and complete thirty days).”

    These Ahadith are clear and unequivocal, in them the Messenger of Allah (saw) orders us to fast when the sighting of the new moon of Ramadhan is confirmed, and orders us to stop fasting and make Eid when the sighting of the new moon of Shawwal is confirmed; these orders are binding and their violation is a sinful act just like the abandoning of any other duty or the committing of an unlawful act.

    In Islamic jurisprudence (fiqh) the sighting of the moon is thus referred to as the Sabab (cause) for beginning of the month of fasting. Al-Sabab is defined as a sign the presence of which necessitates the existence or application of a Hukm (ruling) and that which, if absent, necessitates an absence of that Hukm. It is not as some confuse the reason (‘illah) behind the legislation of the rule, so the reason why we fast is not because of the moon, we fast as a worship (ibadah) however we begin the month of fasting when the moon is sighted or if not sighted upon the completion of thirty days.

    Using Calculations

    What some governments in the Muslim world practice and what some Muslims in the west have started  doing  in pre-determining the month based on the calculation of the astronomical new moon or the possibility of sighting the moon is a clear violation of the of the command of the seal of the Prophets, Muhammad (saw).

    We cannot substitute the actual sighting of the moon, as the aforementioned texts mention  “ru’yatehe”(sighting) specifically. All these Ahadith connected to the sighting of the moon contain this Arabic word “ru’yatehe” which is derived from the word “ra’a”. People who support the idea of calculating the birth of the moon for Ramadan misuse the word “ra’a”. While the word ra’a could mean knowledge, it is not correct to apply this meaning here because of the following reasons:

    1. Ra’a, when referring to a single object, means to visualize that object through the eye, i.e. he saw the moon. However, if ra’a refers to two objects, it could mean to know, i.e. he knew the correct opinion.

    2. If ra’a is used in reference to a tangible object, it means to visualize the object through the eye. However, if it is used to present an idea or an abstract thing, then it could mean knowledge. Thus, since the Ahadith refer to the moon, which is a tangible object, ra’a here means to visualize sight.

    Umar (ra) reported that the Prophet (saaw) said: (in translation): “We are ummiyah (unlettered) people, we neither write nor calculate. The month is this way and that, sometimes 29 days and sometimes 30.”

    Those who have substituted the sighting for pre-calculating the month say that the command in this Hadith, i.e. to sight the moon, is accompanied by a reason (‘illah) which justifies the command. This justification being that the Ummah was unlettered (“We neither write nor calculate”). The ruling in terms of its validity goes only as far as its justification. If the Ummah has emerged from its “unlettered state” and is able to write and calculate, it becomes essential to rely on calculation alone. However, this argument is incorrect due to the following:

    1. The description of the Ummah in this Hadith, “Ummiyah”, does not imply an illah (legal reason). “Ummiyah” could mean “Arab”. [TMQ 62:2]. “We neither naktub (write) nor nahsib (calculate)…” “Nahsib” in the Hadith carries several meanings such as: we do not use astronomical calculations to determine the legal Shari’i beginning and end of the month; nor do we practice astrology, etc. “Nahsib” does not mean general calculations because Muslims are commanded by the Shar’iah to follow the laws of Zakah, inheritance etc. which  does  involve extensive calculations.

    The claim that the Hadith describes the condition of the Ummah at the time of the Prophet (saw) is false. Further, the claim that this condition serves as an illah is also preposterous.

    2. Furthermore , even if this “condition” is considered an illah (reason), Qiyas (analogy) on this issue is invalid. Firstly, there can be no Qiyas in Ibadaat (ritual worships). Secondly, it contradicts the definite meaning in texts of the numerous Ahadith which clearly illustrate that the “sabab” (cause) for fasting is the sighting of the moon (like the setting of the sun is the sabab for maghrib prayer).

    Therefore, it is quite clear that the arguments presented to justify the beginning of Ramadan through the use of calculations are invalid and haram. The only way to determine the arrival of Ramadan is through sighting the moon.

    Referring to the hadith, “and if the weather were cloudy, then complete it as thirty days.” Ibn Hajar al-Asqalani said, “This (completing thirty days of Sha’ban) is an indication that we should not refer to calculations or astronomy. The Prophet guided us to completing thirty days of Sha’ban while he could have guided us to consider other means that enable us to know the beginning of the astronomical month”.

    In the Tafseer of Imam Al-Qurtabi, Ibn Nafi’e (ra) reported that Imam Malik bin Anas (ra) said: “If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated.” The renowned scholar Ibn Al’Arabi said, “Some of our people erred when they reported that Imam Shaf’i relied on calculations.” Ibn Al-‘Arabi commented, “The report is baseless and false.”

    There is however no harm in using the calculations to help determine the appropriate time to start monitoring the new moon.

    Local or Global Sighting?

    The command of fasting and ending the month of fasting in the Ahadith mentioned earlier is general: “Do not fast till you see it and do not break fast till you see it,” “Do fast when you it is sighted and break fast when it is sighted.” The verb صوموا  ‘Soomu’ ‘Do fast’ is in the plural form includes all Muslims all over the world. Furthermore, the word  لرؤيته ‘Ru’yatehe’ ‘sighting’ has also come in a general form: “When it is sighted” or “If it is sighted.”; this means that it includes any sighting, and it does not merely apply to the person who sights the new moon, nor does it specifically apply only to the people of a specific  country, for the address which orders the fast and the breaking of the fast is general and comprehensive, as is the address concerning the sighting, therefore, the rule is undoubtedly general.

    The command is not for individual Muslims to sight the moon and then begin fasting or to make Eid based upon their personal sighting. Even the Prophet (saw) used to begin fasting when he had not personally seen the moon but a Muslim had reported to him that they had seen it. Ibn Umar (ra) reported, “During the time of the Prophet (saw), the companions went looking for the new crescent. So I told the Prophet (saw) that I saw it. So he fasted and told the companions to fast.” [Abu Dawud & Hakim]

    Therefore, the command of fasting and of breaking the fast when the new moon is sighted is a command which addresses all Muslims all over the world. So for example if the new moon was sighted in Rabat on Friday night, and was not sighted in Jakarta on Friday night but on Saturday night, the people of lndonesia must act upon the sighting of the new moon in Morocco, they must therefore begin the fast on Friday if the new moon was that of Ramadhan; if they did not fast that day they should compensate for that day because the obligation to fast has been confirmed by the sighting of the new moon by any Muslim anywhere in the world. Also, if the new moon was that of Shawwal, they should break their fast when news about the sighting reaches them even if they did not sight it themselves, for the moment the sighting is confirmed, they must break their fast, and it would be sinful for them to continue fasting.

    Therefore, the Shari’ah rule states that if the people of one country sighted the new moon, it would be exactly as if all the Muslims have sighted it as well, therefore they should all fast if it is the new moon of Ramadhan, and they should all break fast if it is the new moon of Shawwal. This is the rule of Allah (swt) according to the Shari’ah texts.

    During the lifetime of the Messenger of Allah (saw), the Muslims used to begin the fast on the same day and break it on the same day despite the fact that they lived in different areas, and this serves as another Shari’ah evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and break fast together on the same day.

    Many of the classical scholars have stated this view[1], the following are a selection:

    The famous Hanafi scholar Imam Sarkhasi (died 483 AH) in Al-Mabsoot quotes the narration from Abu Dawud (2333, 2334):

    حَدِيثُ عِكْرِمَةَ عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ تَعَالَى عَنْهُ { أَنَّ النَّاسَ أَصْبَحُوا يَوْمَ الشَّكِّ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَدِمَ أَعْرَابِيٌّ وَشَهِدَ بِرُؤْيَةِ الْهِلَالِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَتَشْهَدُ أَنْ لَا إلَهَ إلَّا اللَّهُ وَأَنِّي رَسُولُ اللَّهِ فَقَالَ : نَعَمْ فَقَالَ : صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اللَّهُ أَكْبَرُ يَكْفِي الْمُسْلِمِينَ أَحَدُهُمْ فَصَامَ وَأَمَرَ النَّاسَ الصِّيَامِ وَأَمَرَ مُنَادِيًا فَنَادَى أَلَا مَنْ كَانَ أَكَلَ فَلَا يَأْكُلَنَّ بَقِيَّةَ يَوْمِهِ وَمَنْ لَمْ يَأْكُلْ فَلْيَصُمْ }

    That the Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet (saaw) that he had seen it (the moon). The Prophet (saaw) asked him if he was a Muslim to which the man answered in the affirmative. The Prophet (saaw) then said: “Allahu-Akbar! one is enough for all Muslims” The Prophet (saw) fasted and asked the people to stop eating and start fasting. [Al-Mabsout by Imam Sarkhasi; 3-52]

    There is also a variation of this narration from Ibn Abbas: “An Arab came to the Prophet (saw) and said: ‘I saw the Hilaal (of Ramadhaan)’ He (saw) said: ‘Do you bear witness that Laa Ilaaha illa Allah and that Muhammad is His slave and messenger?’ He said ‘Yes’ So The Prophet (saw) said: ‘Get up and announce to the people that we are fasting tomorrow’.” It was narrated by Ibn Khuzaimah (1923) and Ibn Hibbaan, An Nisaa’i, At Tirmidhi and Ibn Abi Shaibah. Al Haakim and Adh Dhahabi verified it as Saheeh.

    In fact the Hanafi school of thought strongly argues against any other view. This position can be found in the books of many of its scholars and its fiqh manuals. 

    Imam Kasanee  in Bada as-Sana’i said that following other than one sighting for the whole Ummah is Bid’a (innovation). This indicates how weak he felt that the other Ijtihad was.

    Imam Hafizud-deen an-Nasafi (died. 537 AH) has discussed it in Al-Bahr ar-ra’iq sharh kanz al-daqaíq. [Vol. 6, p.180]

    The Hanafi fiqh manual Durr al-Mukhtar states: “If people living in the West sight the moon, it becomes obligatory for the people living in the East to act on that.” [Durr al-Mukhtar, Vol. 1, p. 149]

    Imam al-Juzairi in first volume of Fiqh al Madhahib al Arba’a (The Fiqh of the four schools of thought) gives two views of the Hanafi’s regarding this: 1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not, 2) The justness should be verified by a Qadi (judge).

    Fiqhul Ibadat of the Maliki’s also states that it is obligatory to follow the sighting of the crescent moon by any Muslim regardless if they are close,  or far away from you :

    فقة العبادات المالكى 1/305

     يجب الصوم ويعم سائر الأقطار إذا ثبت الهلال بقطر منها لا فرق بين القريب والبعيد من جهة الثبوت ولا عبرة باختلاف المطالع مطلقا

    Even more contemporary scholars like the founding and well known scholars of the Deobandi and Barelvi movements of the Indian subcontinent have clearly stated this as the correct view in their Fatawa. It is unfortunate that today many who claim to follow them ignore following this hukm.

    The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: “If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday itself, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada’) for the first fasting.” [Maulana Rasheed Ahmad Gangohi, Sharh Tirmizi (Explanation of Tirmizi), Kaukab un Durri, p. 336 Urdu edition].

    “Wherever the sighting is confirmed, however far  away  it may be, even if it were to be thousands of miles; the people of this place will have to abide by that.” [Fatawa Dar ul Uloom Deoband, Vol. 6 p. 380, Urdu edition]

    “Question: There has been some dispute in Amritsar etc. regarding sighting of moon for Ramdhan and Eid ul fitr. So should we the residents of Mandla (CP), which is located very far off, follow that sighting or not?

    Answer: In the maslak of Hanafiyyah, there is no consideration of Ikhtilaf al Matale’ (difference in sighting); the sighting of the people of east is binding upon the people of the west and vice versa. This is also demanded by the hadith (soomoo li ru iyatihi we aftaroo li ru iyatihi) “Fast when it is sighted and stop fasting when it is sighted”, because the address ‘soomoo’ and ‘aftaroo’ is ‘aam (general) and for everyone. In conclusion, when sighting is confirmed in whichever place, everyone is supposed to start his fast and break it in accordance with it, i.e when the sighting is confirmed.” [Fatawa Dar ul Uloom Deoband, Vol 6 p. 385 & 386, Urdu edition]

    “Irrespective of how far the news of sighting came from, it is to be relied upon. For instance if the people of Burma did not sight the moon, and a person from Bombay testifies to them of having sighted the moon; it will be incumbent upon the people of Burma to make up for the (first) fasting i.e. Qada’.” [Mufti Kifayat ullah, Ta’leem ul Islam, vol. 4, section sighting of moon: Urdu edition]

    “When the moon is sighted in one place it is not just for that region but for the entire world.” [Maulana Amjad Ali, Bahar e Sharee’at, Vol 2 p. 108, Urdu edition]

    The founder of the Barlevi’s said: “In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east.” [Maulana Ahmad Raza Khan, Fatawa Rizwi; Vol 4 p. 568, Urdu edition]

    If we scrutinise the various arguments that are utilised to attempt to prove the following of a local sighting or the sighting of a particular place, they can be summarized in the following:

    1- The first argument: They claim that to each people living in one country their sighting, for each people should follow their own times just like the times of prayer; this is why they said: The precept lies in the Matali’, i.e. the time of rising (of celestial bodies). In answer to this claim we say the following: The times of prayer are subject to their scheduled times and these are different even in the one region, for the signs which the Shari’ah has specified would occur at different times; as far as fasting is concerned, this difference also applies at the time of Imsak (beginning of fast) at dawn and at the time of Iftar (end of fast) just after sunset, this is so because the text has indicated this difference: Allah (swt) says:

    “And eat and drink until the white thread of dawn appears to you distinct from its black thread; Then complete your fast until the night appears” [TMQ 2:187]

    The Imsak and the Iftar times differ from one place to another just like the times of prayer, which also differ from place to place, this difference happens in the one single day, however, the beginning of the month of fasting must begin on the same day all over the whole world, and the difference occurs only in the parts of the single day. This is what the texts of the Ahadith have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari’ah rule. The difference in the rise of the new moon between the farthest two points in the world does not exceed twelve hours; and the classical Mujtahids are excused for not understanding this deduction from the Shari’ah rule, for at the time, they were not in a position to clearly realise the movements of the earth, sun and the new moon. And now that the deduction made from the rule is understood, there are no pretexts or excuses left for those who claim that the difference in the time of rising could exceed one day, let alone those who claim that it could be even a few days. Therefore, the month of fasting begins for the Islamic Ummah all over the world on the same day and the end of the month of fasting and the beginning of Eid also occurs on the same day for all the Islamic Ummah all over the world.

    2 – The second argument: That people should follow the announcement of the Saudi Arabian government, some especially those supported by the corrupt Saudi regime espouse this view and play on the emotion of Muslims due to the presence of the two holy mosques in Makkah and Medina . Of course if Muslims in Saudi Arabia search for the moon on the 29th night and sight it, the rest of the Muslims globally should accept this and begin Ramadhan or make Eid, however according to the shariah evidences the Muslims in Saudi Arabia must equally accept the sighting of Muslim anywhere in the world whether in Pakistan, Indonesia or Iran regardless of the Saudi governments official announcement.

    Sheikhul Islam Ibn Taymiyyah, the classical literalist (Zahiri) scholar often referred to by the Salafi clerics in Saudi Arabia concluded: “To summarize: a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Shar` (Islamic law).” [Al-Fatawa, volume 5, page 111]

    Even the most famous Salafi scholar of the twentieth century, Sheikh Nasir ud-Deen al-Albani espoused the view that the global sighting must be taken, he explained the term in the hadith, صوموا لرؤيته … ”  “Do fast when you it is sighted,” was general to all Muslims irrespective of locality. [Al-Silsilah as-Saheeh, Vol 6, p. 123]

    Some try to use the argument about the ‘obedience to the Imam of the Muslims’ in relation to Saudi Arabia, this has no basis whatsoever as is clearly established currently Saudi Arabia is not an Islamic state, its economy is based on Riba, it is a corrupt un-Islamic monarchy that openly allies with America. Thus its ruler is definitely not the Khalifah or Ameer of the believers.  It is true that when the Islamic state is re-established that the Khalifah of the Muslims will organise the congregational rituals and will declare the beginning of Ramadhan and Eid after ascertaining the sighting of the moon.  
    3 – The third argument: Some argue that the ruling of following one global sighting is impractical due to the time difference that exists in the world, where if the moon was sighted in one part of the world it is conceivable that another part may have already passed the time of fajr prayer. In answer to this we must realize that that no two places in the world are more than a day apart i.e. twenty four hours so we exist within the same time frame. We have an answer from the hadith on what we should do if the news was to reach us late.

    It is also reported in a Saheeh hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: “It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger of Allaah (peace and blessings of Allaah be upon him) that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day.” [Reported by the five. It is sahih; al-Irwaa’, 3/102, Abu Dawud 1153]

    4 – The fourth argument: There are those who say we should stick to what the majority of people are practicing, they misquote Islamic evidences about “Holding on to the Jama’a (collective)”, they misinterpret these to mean the ‘Jumhoor’ (majority). It is true that Islam has obliged sticking to the jama’ah of Muslims under an Imam (Khalifah) not to the majority.

    Al-Bukhari narrated about Bisr ibn Obaydellah al-Hadhrami that he heard Abu Idrees al-Khoolani say that he heard Huthaifah ibn al-Yaman saying: “The people used to ask the Prophet of Allah (saw) about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of jahilliyah and mischief then Allah brought us this good, so is there any mischief after this good? He (saw) said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama’ah of Muslims and their Imam. I said: What if the Muslims have no jama’ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such.

    This hadith is clear in its expression that the Prophet (saw) orders Muslims to adhere to the jama’ah of Muslims and to adhere to their Imam, and to leave those who invite people to the doors of hell. When the questioner asked him that in case the Muslims have no Imam and no jama’ah what he has to do in regard with those who call at the doors of hell, the Prophet (saw) ordered him to abandon these groups, not to disassociate himself from the Muslims nor to abstain from the action for establishing an Imam. So his order is clear, disassociate yourself from all those groups, and he emphasised the dissociation of those groups even to the extent that his isolation from them would make him clench to the trunk of a tree until death comes to him. It means adhere to your deen by staying away from the misleading callers who are at the doors of hell. In this hadith there is no excuse or permission (for anybody) to abandon the work for establishing a Khaleefah, it is, rather, confined to the command of adhering to the deen and abandoning the callers at the doors of hell, and the sin will remain on him if he does not work to establish a Khaleefah. So he is ordered to abandon the misleading groups in order to save his deen from the callers of the misguidance, even if he had to clench to the trunk of a tree, but not to distance himself from the Muslim community and abandon the work for establishing the laws of the deen and establishing an Imam for Muslims.

    The concept of following the majority rather than the Islamic verdict is not based on evidence from the Quran and Sunnah and contradicts many evidences about enjoining the good and forbidding the evil even in the face of hardship, the Prophet (saw) said: “The master of martyrs (sayyid al-shuhada) is Hamza, and a man who stands up to a tyrant ruler and gives him nasiha (advice). And so the ruler kills him”.

    If the concept of following the majority existed then Abu Hanifah would not have imposed the killing a Muslim in retaliation for killing of a dhimmi (non-Muslim citizen), Imam Malik would not have allowed praying the Salah with the hands beside the side of the body, Imam Shafi’ would not have accepted the testimony of the individual, Imam Ahmad ibn Hanbal would have succumbed to the view of the Mu’tazilla about the Quran being created rather than vehemently opposing it and facing hardship even by the Khalifah at his time. They understood the statement of Ibn Masud (ra): “The Jama’a is Haq (truth) even if it is one person”.

    5- The fifth argument: This one is the only one that is based on shubhat daleel (semblance of an evidence) and thus is a weak but legitimate ijtihad for those who actually follow it sincerely.  Some of Shafi’ school held the view of following a local sighting of the moon based upon a narration reported by Muslim on the authority of Kurayb who reported that Umm-ul-Fadhl Bintu-l-Harith sent him to Mu’awiya in Al-Sham; he said: “I arrived in Al-Sham and did business for her (Umm-ul-Fadhl Bintu-l-Harith). It was there in Al-Sham that the month of Ramadhan commenced. I saw the new moon of Ramadhan on Friday. I then came back to Madina at the end of the month, Abdullah Ibnu Abbas (R) asked me about the new moon of Ramadhan and said: “When did you see it? I said: We saw it on the night of Friday, He said: Did you see it yourself? I said: Yes, and the people also saw it and observed the fast and Mu’awiya also observed the fast; whereupon he said: But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal). I said: Is the sighting of the moon by Mu’awiya not valid for you? He said: No, this is how the Messenger of Allah (saw) has commanded us.”

    They claimed that the beginning of fasting and Eid may vary, use this Hadith as evidence; they argue that Ibn Abbas ignored the sighting of the people of Al-Sham and said at the end of the Hadith: This is how the Messenger of Allah (saw) has commanded us. This indicated that Ibn Abbas learnt from the Messenger of Allah (saw) that the people of one region are not obliged to act upon the sighting of another region; they also argue that this Hadith serves as a specification and an explanation of the Hadith of the sighting. They therefore claimed that the people of each region are commanded to act upon the sighting of the new moon in their region only and not in other regions, thus the beginning of fast and the beginning of Eid vary from one region to another and according to the times of rising.

    The answer to this claim lies in the fact that this report is not a Hadith of the Messenger of Allah (saw) but the Ijtihad of a Sahabi, and the Ijtihad of the Sahabi is not comparable to the Hadith of the Prophet (saw). The fact that Ibn Abbas (ra) did not act upon the sighting of the people of Al-Sham reflects an Ijtihad and it cannot be used as a Shari’ah evidence; and besides, the Ijtihad is always nullified by the general Shari’ah evidence, thus the Hadith must be acted upon ahead of the Ijtihad which has to be abandoned. Furthermore, the Ijtihad of the Sahabi cannot specify the general term of the Hadith. As for the saying of Ibn Abbas at the end of the report: “This is how the Messenger of Allah (saw) commanded us.”, it is not a Hadith but merely the way Ibnu Abbas understood the Hadith of the Messenger of Allah (saw) in which he (saw) said: “Fast when you see it and break fast when you see it.” This indicates that Ibn Abbas understood the Hadith as such; though he did not say: This is how the Messenger of Allah (saw) reported it, nor did he say: This is how we learnt it from the Messenger of Allah (saw), but he said: This is how the Messenger of Allah (saw) commanded us.

    Imam Al-Shawkani explained the Hadith as follows, he wrote in his book Nayl-ul Awtar the following:

    وَاعْلَمْ أَنَّ الْحُجَّةَ إنَّمَا هِيَ فِي الْمَرْفُوعِ مِنْ رِوَايَةِ ابْنِ عَبَّاسٍ لَا فِي اجْتِهَادِهِ الَّذِي فَهِمَ عَنْهُ النَّاسُ وَالْمُشَارُ إلَيْهِ بِقَوْلِهِ : ” هَكَذَا أَمَرَنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ” هُوَ قَوْلُهُ : فَلَا نَزَالُ نَصُومُ حَتَّى نُكْمِلَ ثَلَاثِينَ ، وَالْأَمْرُ الْكَائِنُ مِنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هُوَ مَا أَخْرَجَهُ الشَّيْخَانِ وَغَيْرُهُمَا بِلَفْظِ : { لَا تَصُومُوا حَتَّى تَرَوْا الْهِلَالَ ، وَلَا تُفْطِرُوا حَتَّى تَرَوْهُ فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ } وَهَذَا لَا يَخْتَصُّ بِأَهْلِ نَاحِيَةٍ عَلَى جِهَةِ الِانْفِرَادِ بَلْ هُوَ خِطَابٌ لِكُلِّ مَنْ يَصْلُحُ لَهُ مِنْ الْمُسْلِمِينَ

    “I realise that the evidence is derived from the report of Ibnu Abbas and not from his Ijtihad (exertion) which people understood as such, and what is referred in his saying: “This is how the Messenger of Allah (saw) commanded us.”, is his saying (i.e. Ibnu Abbas): So we are still fasting until we complete thirty days; and the command of the Messenger of Allah (saw) lies in the Hadith extracted by the two Sheikhs (i.e. Bukhari and Muslim) among others with the following wording: “Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days.” And this does not specifically apply for the people of one region to the exclusion of others but to all the Muslims.” [Nayl ul- Awtar, volume 4, page 268]

    Therefore, what Kurayb has reported does not qualify as a Hadith, but remains as it is, i.e. an opinion of Ibn Abbas; it does not qualify as evidence and cannot be used as such; it also cannot be used to specify the general term of a Hadith, i.e. the general evidence. Therefore this is a weak opinion.

    Unfortunately today many who claim to follow this opinion do not actually follow it as when we scrutinize their actions the contradiction becomes apparent. For example, some in the Indian subcontinent refer to this hadith to justify the adherence to the declaration of their national moon sighting committee. Upon scrutiny the reality becomes clear, as they reject the sighting of Muslims in Pakistan even though it borders India and was one land before the division in 1947 yet they accept the sighting of Muslims in south India who are much further in distance from capital (Delhi) to Pakistan. If they were to actually follow the opinion based on the narration of Ibn Abbas, each region in India would have to follow their own sighting rather than a national committee based upon territorial lines drawn by the British. Similarly we see some Muslims in the west who claim to follow this opinion and then defer to following the sighting of the closest Muslim country like Morocco yet reject the sighting of Muslims in other countries, this is contradictory and not in accordance with the actual opinion of local sighting.

    In many cases this is not an issue of juristic difference, it is more to do with power and allegiance to national/regional committees or governments.

    The Messenger of Allah (saw) said, “He is not one of us who calls for ‘asabiyyah, (nationalism) or who fights for ‘asabiyyah or who dies for ‘asabiyyah.” [Abu Dawud]

    We should not begin fasting by the command of those Muftis who are more anxious to please the rulers rather than to please Allah (swt). Mu’az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah (saw) said: “There is no obedience to the one who does not obey Allah ‘azza wa jall.”

    This is a serious matter and therefore must be taken as such, as has been elaborated the meaning established from evidence derived from the real meaning of the texts would stand, which implies that all the Muslims are commanded to fast when the new moon is sighted anywhere in the world as indicated by the clear-cut meaning of the Hadith of Allah’s Messenger (saw): “Do fast when it is sighted.”

    And all the Muslims are commanded to break fast when the sighting of the new moon is confirmed in any part of the world, and to make that day their Eid day as clearly indicated in the Hadith of Allah’s Messenger (saw): “Do break fast when it is sighted.”

    We should beware of the consequences of fasting on the day of Eid. Muslim on the authority of Abu Hurayrah that, “The Messenger of Allah (saw) forbade fasting on two days, the day of al-Adha and the day of al-Fitr”.

    May Allah (swt) unite us soon under the shade of a rightly guided Khilafah.


     

  • The Ahkam Pertaining to Political Parties in Islam

    The following is the transcript of a circle delivered by The Late Sheikh Imam Abul Hassan (May Allah rest his soul), Member of Hizb ut Tahrir and Imam of Masjid as Sahabah in Khartoum, Sudan.

    بِسْمِ اللّهِ الرَّحْمَنِ الرَّحِيمِ

    In the Name of Allah the Beneficent the Most Merciful 

    The topic that will be addressed today and our discussion this night will be about the Ayah 104 from Surah Al- Imran:

    وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ

    “Let there arise from you a group (or Groups) who call to al-khair, i.e. Islam, who enjoin the good and forbid the evil and they are the ones who are the successful” (TMQ 3:104).

    There are two discussions about this ayah that we want to investigate. The first discussion is that we must understand this ayah as a Tafsir i.e. how we can interpret this ayah. And the second discussion is about the tashree’, how do we legislate from this ayah and derive ahkams from this ayah.

    Many of our brothers and sisters and many Muslims they get confused about Tafsir and Tashree’, we find many of our brothers who study books of Tafsir, they try to get ahkam from it, especially from all those mufassireen who are mujthahideen, because of that we find within some Tafsir there are some ahkam that they have derived. The Tafsir is the meaning of only the ayah, whereas the tashree’, ijtihad, is the opinion of the mufasireen because he has some opinions and some ahkam which he has derived from the text. The text of the Quran is what we call Tafsir and the text of the ahadith is what we call sharh. These terms are used by the fuqaha’ and the ulema; Tafsir regarding the meaning of Quran and sharh regarding the meaning of the ahadith of Rasoolullah (saw). These are the meanings of the words whereas tashree’ means to derive rules from the text. So what is the necessity of Tafsir? Anyone who wants to make ijtihad, get ahkam must know the Tafsir of the ayah, because the tashree’ is built on the Tafsir. But we must be aware of the Tafsir and the opinion of the mufassir, we must not get confused and take the mujthahid’s ijtihad as Tafsir, we must take only the meaning of the Tafsir if we want to make new ijtihad or we can adopt the ahkam already made, the ijtihad of the mujthahid.

    So firstly we come to the study of the ayah, the Tafsir:

    The word Waltakun(m);

    وَلْتَكُن

    The first letter in this ayah is the ‘waw’. The ‘waw al ‘atf’ و . The connection letter. This letter shows that this ayah has been connected to many of the ayat before. So what are the ayat that come before this ayah? To understand this connection we must know the ayat before this ayah.

    Allah (SWT) says:

    يَا أَيُّهَا الَّذِينَ آمَنُوَاْ إِن تُطِيعُواْ فَرِيقًا مِّنَ الَّذِينَ أُوتُواْ الْكِتَابَ يَرُدُّوكُم بَعْدَ إِيمَانِكُمْ كَافِرِينَ

    Allah is speaking to the believers and the rest of the ayahs also follow this pattern of addressing the believers.

    The ayah says: “O you who believe! If you obey a party of those who have received the Scripture they will make you disbelievers after your belief” (TMQ 3:100). It continues and says;

    وَكَيْفَ تَكْفُرُونَ وَأَنتُمْ تُتْلَى عَلَيْكُمْ آيَاتُ اللّهِ وَفِيكُمْ رَسُولُهُ وَمَن يَعْتَصِم بِاللّهِ فَقَدْ هُدِيَ إِلَى صِرَاطٍ مُّسْتَقِيمٍ

    “How can you disbelieve, when Allah’s revelations are recited unto you, and His messenger is in your midst? He who holds fast to Allah, he indeed is guided unto a right path”.

    Allah (SWT) is saying to the believers you will not become like them since the Qur’an and the Ahadith (i.e. the words and statements of the prophet) are between you. What does this mean? Not between you in the libraries, not in your homes, but it means that it is in between your actions and you are practising this Qur’an and Sunnah and you are acting according to the Qur’an and Sunnah. Then;

    يَا أَيُّهَا الَّذِينَ آمَنُواْ اتَّقُواْ اللّهَ حَقَّ تُقَاتِهِ وَلاَ تَمُوتُنَّ إِلاَّ وَأَنتُم مُّسْلِمُونَ

    “O you, who believe, observe your duty to Allah with right observance, and do not die exceptas those who have surrendered (i.e. as Muslims).” (TMQ 3:102)

    This ayah is similar to the ayah where Allah says to the messenger;

    وَاعْبُدْ رَبَّكَ حَتَّى يَأْتِيَكَ الْيَقِينُ

    And worship Allah until the certainty arrives (i.e. death)”. (TMQ 15:99)

    Here the certainty means death. So worship Allah (SWT), make Ibadat to Allah (SWT), and seek forgiveness of Allah (SWT) and the right Taqwa to Allah (SWT) until the death.

    “And hold fast, all of you together, to the rope of Allah”, which means Islam, the Quran and Sunnah,

    وَاعْتَصِمُواْ بِحَبْلِ اللّهِ جَمِيعًا وَلاَ تَفَرَّقُواْ وَاذْكُرُواْ نِعْمَةَ اللّهِ عَلَيْكُمْ إِذْ كُنتُمْ أَعْدَاء فَأَلَّفَ بَيْنَ قُلُوبِكُمْ فَأَصْبَحْتُم بِنِعْمَتِهِ إِخْوَانًا وَكُنتُمْ عَلَىَ شَفَا حُفْرَةٍ مِّنَ النَّارِ فَأَنقَذَكُم مِّنْهَا كَذَلِكَ يُبَيِّنُ اللّهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَهْتَدُونَ

    “And do not separate. And remember Allah’s favour unto you: how ye were enemies and He made friendship between your hearts,” how in the past you used to be enemies, each one fighting one another as one of their tribe members said, “sometimes when we had no one to fight and kill, we used to go to our cousins and kill them.”

    “So that you became as brothers by His grace,” In the Hijra the Ansar gave the Muhajireen their wealth and even their wives out of brotherhood.

    “And (how) you were upon the brink of an abyss of fire (i.e. hell fire), and He did save you from it. Thus Allah makes clear His revelations unto you, that you may be guided”. This is the way Allah describes his guidance to you so that you may be guided by this guidance.

    All of these ayahs come before the ayah and they talk about not being the disbelievers, not following the disbelievers, obeying Allah (SWT), making Taqwa to Allah (SWT), you must be brothers and have brotherhood and be unified and all of these things in Islam are all Fara’id. All of these are obligations.

    Then the ayah comes:

    وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ

    So the و here is a connection between all of these ayats which are obligations. Thus we must remember this point insha’allah when we come to understand the Tashree’.

    So now we come to the word:

    وَلْتَكُن

    The ل here is the Lam of ‘Amr’, of command. This is a letter which by Allah (SWT) shows that he wants us to do that specific thing. The word ‘waltakun’ is a فعل which means verb, so this now becomes a ‘fi’ il amr’-an order from Allah (SWT).

    Then next comes:

    مِّن

    This word has two meanings.

    1) The 1st meaning is that it could mean some of you, known as ‘Tab’eed’

    2) 2nd it can also mean to be ‘jins’ which describes the type or as we know it in English as ‘from’. You can say that ‘give me your son and I will make from him a good fighter’. So from him there will be a good fighter not just part of him will be a good fighter and the other part will not be a good fighter. The ‘from’ is used to describe the whole. ‘From him’ this meaning is known as ‘bayan al-Jins’. So all of him will be a good fighter and this is another possible meaning.

    So Allah (SWT) is saying either the whole Ummah must be what proceeds next or that part of the Ummah has to do what will proceed next. This is known as ‘Li ‘l-tab’eed aw bayan al-Jins’. These are the two possible meanings and we must remember these two points insha’Allah when we come to the Tashree’.

    So next comes:

    كُمۡ

    And ‘kum’ here is a ضمير known as a pronoun, so to whom does it return? It returns to ‘O you who Believe’ as all of the previous ayats are connected and as mentioned before refer to the believers, YOU MUSLIMS. Thus also in the Tashree’ we must remember this point.

    Next comes:

    أُمَّةٌ۬

    A group (or groups) who:

    يَدْعُونَ إِلَى الْخَيْرِ

    Calls to the khair, and in this case the khair which is ‘good’ refers to Islam. They also need to achieve:

    وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ

    Enjoining the good and forbidding the evil. Thus they will become successful;

    وَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ

    ‘Muflihoon’ the correct meaning here is successful. If you now go to any Tafsir book and see this explanation this means this is the Tafsir. If you see anything in between, this means it is the Tashree’ and the Mufassir’s individual opinion, (the ijtihad of the mufassireen) so beware of that distinction. Now if we go to all of the Tafsir books, of Imam Qurtubi, of Imam Ibn Jarir at Tabari, Ibn Kathir, and all of the other books e will find this Tafsir, but in between you will find many differences in Tashree’.

    When we come to the Tashree’, we ask ourselves now how we can derive ahkam (rules) from this. Nowadays it has become very difficult for the Muslims to derive ahkam from the ayat. In the past it was very easy. We find that in Medina the Arabs from the Bedouins, who were not educated, whenever they needed a hukm (rule) to act and practise Islam, they came to Madinah were the Prophet SAW was and they met the people in the markets and the shops and would give salaams and would ask the Muslims I have these issues what should I do. He didn’t ask who are you? “Is this Abu Bakr or Umar”, because Islam was practically implemented there and everyone had the ability to derive ahkam because they had knowledge of the ahkam (Quran and Sunnah) and the Arabic language. Whatever was required to make ijtihad they had the tools. Nowadays we have brothers who have many a weird and wonderful degrees and PhD’s but they fail to even derive the simplest of hukm from Islam.

    Why has this legislating mentality been removed from the Ummah? Because Islam is not there in reality and the Ummah is not implementing Islam. Thus we find it very difficult as implementing legislation is not our reality as the Khilafah does not exist anymore.

    So now when we try to derive Tashree’ from this ayah we go to the Tafsir (the meaning of the Arabic language). The above analysis was the basic understanding of the Arabic language and if we know any ahadith regarding the topic we bring them forth as well.

    To begin with the و this is the first indication (qareenah) within the text, yet it is not a definite qareenah but it is still a qareenah. By other qaraa ‘in (indications) we will know the hukm. What does a qareenah mean, it means is there an order from Allah and it may be fard (Obligatory), if you do it you will get a reward and if you do not do it you will be sinful. Or it may be mandoob/mustahab/naafilah (recommended), meaning if you do it you will get reward but if you abstain there will be no sin. Or it may just be Mubah (Permissable).

    For e.g. Allah says:

    وَأَقِيمُوا الصَّلَاةَ

    And establish the prayer (TMQ 24:56)

    This is ‘amr’ a command; if someone prays he will get rewarded if he abstains he will be sinful and punished. However the Prophet (SAW) ordered us to pray 2 rakahs before Fajr and after Maghrib, but this is Sunnah.

    Also when Allah (SWT) says:

    وَإِذَا حَلَلْتُمْ فَاصْطَادُواْ

    “But when you have left the sacred territory, then go hunting (if you wish)” [TMQ 5:2]

    It is haram for the Hajji to go hunting while at Hajj. However if he finishes the ‘manasik’ he may go out hunting as the ayah commands but this is Mubah, not Fard or Mandoob. The order from Allah (SWT) the order from the prophet (SAW) maybe Fard, Mandoob, Mubah etc.

    So going back to the و because it is connected to all the ayats, and they are talking about the top Fara’id in Islam such as staying away from the hell fire, unity, not following the disbelievers, holding on to Islam etc, it becomes connected to them and becomes an indication of Fard just like those things it has been linked with.

    As mentioned before the ل here is the Lam of ‘Amr’, of command. This is a letter which by Allah (swt) shows that he wants us to do that specific thing, and this shows that it is also Fard.

    We mentioned that the مِّن has two possible meanings in the Arabic language. So which meaning will we use? Is it for our desires or something emotional? No! We must try to understand the text and see which meaning it befits. For the whole Ummah to take on this job of calling to the khair and enjoining the good and forbidding the evil, it will be impossible. Because firstly the whole Ummah will never be under the banner of one understanding and one group but more importantly many members of the Ummah are not capable of enjoining the good and forbidding the evil. Some people are jahill (ignorant) of the rules of Islam and some people are mentally not qualified of enjoining the good as well as many other excuses for an individual to be excused. Thus here we take the meaning of ‘li ‘l-Tab’eed’, ‘part of you’ within this context.

    Thus next we deal with the pronoun كُمۡ which means you, meaning you believers. That means it is haram for it to be from the non believers, in terms of its membership it cannot be for the kafireen, it must solely be for the Muslims based on the Islamic aqeedah. Thus same again with the word أُمَّةٌ۬ it has to be from the Ummah, not based on nationalism, like many organisations we see today they have Islamic names but have Non Muslims as members or un-Islamic policies based on haram, this is haram in Islam.

    Thus the word Ummah أُمَّةٌ۬ has been used, is it possible for us to use any other words? Does it have to be the word Ummah as the name of the organisation for e.g. Ummah Islamiyyah? Can we use words such as ‘hizb’ or ‘Jama’a’ or ‘kutla’ or ‘firqah’ instead of Ummah? Or is it haram to deviate from this. The word ‘Ummah’ is it using the shar’ee meaning.?The shar’ee meaning is when Allah (SWT) gives a specific meaning to a word commonly used by the Arabs. For e.g. ‘salah’ in the Arabic terminology means just the du’a, but when we pray Maghrib we call it salah, although it contains many other meanings. Other examples are of jihad, zakat etc then these should not be changed as it is haram. However if it is just a linguistic meaning then there are no problems in changing the words. Thus here the linguistic word is being used so it is not a problem calling the group a Jama’ah. Nowadays if you call yourself a Jama’ah there seems to be no problems and same with kutla, but if you use the word ‘HIZB’ you will face many problems. Many people will ask how can you call yourself a hizb? Many people do not like this idea here it is to suffice to mention the ayah of Quran where Allah (SWT) says:

    وَعَسَى أَن تَكْرَهُواْ شَيْئًا وَهُوَ خَيْرٌ لَّكُمْ وَعَسَى أَن تُحِبُّواْ شَيْئًا وَهُوَ شَرٌّ لَّكُمْ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ

    “but it may happen that you hate a thing which is good for you, and it may happen that you love a thing which is bad for you. Allah knows, you know not”. (TMQ 2:216)

    Going back to the discussion Allah uses the word ‘hizb’ حزب in the Quran when Allah (SWT) describes the prophet and the shahaba’s as:

    أُوْلَئِكَ حِزْبُ اللَّهِ أَلَا إِنَّ حِزْبَ اللَّهِ هُمُ الْمُفْلِحُونَ

    “They are Allah’s party. Lo! Is it not Allah’s party who are the successful?” (TMQ 58:22)

    The word hizb, Allah (SWT) has not forbidden us from using it. The word hizb has two meanings. The linguistic meaning means the group of the man, so an army or a tribe can also be called a hizb. Then there is a more political meaning which means that these people they are in one group, convinced by the same ideas and concepts and they want to practise this and implement this in society.

    So this group must now:

    يَدْعُونَ إِلَى الْخَيْرِ

    They must call to Islam. So before Allah addressed the members saying be Muslim and now Allah (SWT) is saying call to its concepts. Thus their members must be Muslims and their call has to be Islamic. We understand from this that it is haram for this party to have non Muslims or be built on a un- Islamic call, such as Socialist Party, Communist Party, Democratic Party, Capitalist Party they are all haram.

    وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ

    But more specifically they must enjoin the good and forbid the evil. Now we know that Allah (SWT) has said that the party must call to Islam and here more specifically to enjoin the good and forbid the evil. Yet, we know that Islam contains enjoining the good and forbidding the evil and it is part of Islam so why is it specifically mentioned?

    Here ‘al Khair’ الخير is general (aam), and enjoining the good and forbidding the evil is specific (khaas). So why has Allah (swt) mentioned a specific order after a general order? The scholars say that “if something ‘khaas’ is mentioned after something ‘aam’ and it is connected to it, it means the ‘khaas’ has an additional meaning. Such as when Allah says:

    مَن كَانَ عَدُوًّا لِّلّهِ وَمَلآئِكَتِهِ وَرُسُلِهِ وَجِبْرِيلَ وَمِيكَالَ فَإِنَّ اللّهَ عَدُوٌّ لِّلْكَافِرِينَ

    “Who is an enemy to Allah, and His angels and His messengers, and Gabriel and Michael! Then, lo! Allah (Himself) is an enemy to the disbelievers”. (TMQ 2:98)

    Here Allah (SWT) is saying that whosoever takes Allah’s messengers and angels and Jibreel and Mikael as enemies Allah (SWT) will be an enemy to them. But Jibreel and Mikael are from the angels so why are they specifically mentioned. Here Allah (SWT) is specifically addressing the Jews who used to claim that they are the saved people but they used to vehemently hate the angels Jibreel and Mikael specifically. Here there are 2 meanings the scholars mentioned that Allah (SWT) is specifically mentioning them to give them honour  (i.e. the two angels) or because the Jews specifically hated Jibreel as they believed he betrayed Allah (SWT) and made a mistake by giving the messenger ship to the Prophet Muhammad SAW and not to a Jew (may Allah curse them).

    We see that if something specific is mentioned after something general it has an additional meaning. So going back to the ayah, enjoining the good and forbidding the evil, what is the additional meaning here. First meaning to be added here is that enjoining the good and forbidding the evil is one of the most important acts of Islam, because Allah (SWT) mentioned straight after Islam (al Khair) and is like the previous example giving it honour. The second meaning here is what is the meaning of ‘enjoining’ and ‘forbidding’ within the context of the ‘Lisan al-Arab’ (Dictionary of the Arabic Language) and the classical Arabic dictionaries (Al-Fayrooz Abadi in al -Qamoos al-Muhit and in Lisan al-Arab ofibni Manzoor), they refer to ‘ordering’ people and ‘enjoining’ and ‘forbidding’ as سياسة ‘siyasah’ (politics). Telling people what to do and making them abstain from certain actions is politics.

    So when Allah (SWT) says:

    يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ

    He is telling us to call to Islam in a political way and this is the additional meaning conveyed to us by the use of enjoining the good and forbidding the evil. This is a way in which we can call towards Islam.

    So what is the meaning of the political way? We can either carry Islam in a political way or a non political way. We can forbid the evil when we find the people not practising salah, we can order them ‘dear brother you have to practise salah and salah is fard etc’. If you find someone lying you will say ‘you must not lie this is haram’. As the Prophet SAW said:

    “When a man lies, the angel moves a mile from him because of the bad odour of what he has produced”, (Narrated by Abdullah ibn ‘Umar).

    If you find the people doing something haram you forbid them, if you see the people not fulfilling the fara’id you order them, but what about the society, the government, and the ruler? If we find the King of Saudi Arabia is doing something haram we stay quiet and remain silent. But when you find the Ummah and the ordinary people doing something haram you forbid the evil. In this case you are still calling to Islam no one can deny that, but you are not doing it in a political way. This means that you are speaking about the people and leaving out the rulers, and this will not change the society. This will not solve the problem.

    Al-Imam Ahmed Ibn Hanbal said:

    “If I know that Allah (SWT) will accept one dawah from me, I will make this dawah not for the mujahideen, who are fighting and carrying Islam to the Kafireen and defending the Ummah, neither for the poor people, or for the mothers, or the children, or for the ill people but for the rulers”.

    If the rulers are good Allah willing the people will be good, like at the time of Umar ibn al Khattab. A man came up to Ali Ibn Ali Talib(RA) and said why is it that at the time of Abu Bakr(RA) and Umar(RA) the Khilafah was so good and peaceful. Ali (RA) replied “because at their time they had people like me who obeyed them and I have people like you who obey me”. Ali (RA) still carried his people and implemented Islam on them and punished those people who rebelled against the state. This is what we mean by a political way and this is the additional meaning.

    وأُوْلَئِكَ هُمُ الْمُفْلِحُونَ

    “And those people will be the successful”. The word ‘those’ اؤلئك returns to the Ummah and the ‘falah’ فلاح includes in the dunya (World) and in the Hereafter. So he will have a good life here, Allah willing and in the day of judgement Allah (SWT) will reward him and give him Jannah.

    Now this hukm from a general onset is ‘fard Kifayah’ (Obligation of Sufficiency). Imam Ibn Kathir, and Imam Al Qurtubi, and Imam Al Ghazali in his book ‘al Mustasfa’, and Ibn Hazm in his book ‘Al Ihkam fi Usul ul-Ahkam’, and Imam Jarir At Tabari, they all made ijtihad and said this fard for the Ummah is ‘Fard Kifayah’ originally and only needs to be fulfilled collectively.

    So how do we realise that this is an obligation. The first qareenah (indication) was theو, although it in itself is not decisive, because it links to other ayat of obligations it acts as an indication of Fard. Also Allah (SWT) in the same ayah tells us to call to Islam which is Fard. Similarly it mentions enjoining the good and forbidding the evil, and we know this is fard because Allah (SWT) says:

    وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاء بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ 

    “And the believers, men and women, are protecting friends one of another; they enjoin the right and forbid the wrong.” (TMQ 9:71)

    Also Allah (SWT) says:

    لُعِنَ الَّذِينَ كَفَرُواْ مِن بَنِي إِسْرَائِيلَ عَلَى لِسَانِ دَاوُودَ وَعِيسَى ابْنِ مَرْيَمَ ذَلِكَ بِمَا عَصَوا وَّكَانُواْ يَعْتَدُونَ (78) كَانُواْ لاَ يَتَنَاهَوْنَ عَن مُّنكَرٍ فَعَلُوهُ لَبِئْسَ مَا كَانُواْ يَفْعَلُونَ

    “Those of the Children of Israel who went astray were cursed by the tongue of David, and of Jesus, son of Mary. That was because they rebelled and used to transgress. (78) They restrained not one another from the wickedness they did. Verily evil was that they used to do!”(TMQ 5:78-79)

    So here the disbelievers from the previous generations have been cursed because they did not enjoin the good and forbid the evil, and it is haram for the Muslims to copy or imitate the Jews and the Christians, which also indicates that this is fard.

    The prophet SAW also said:

    لَتَأْمُرُنَّ بِالْمَعْرُوفِ ، وَلَتَنْهَوُنَّ عَنِ الْمُنْكَرِ أَوْ لَيُسَلِّطَنَّ اللَّهُ عَلَيْكُمْ شِرَارَكُمْ ، فَلَيَسُومُنَكُمْ سُوءَ الْعَذَابِ ، ثُمَّ يَدْعُو خِيَارُكُمْ فَلا يُسْتَجَابُ لَهُمْ ، لَتَأْمُرُنَّ بِالْمَعْرُوفِ ، وَلَتَنْهَوُنَّ عَنِ الْمُنْكَرِ ، أَوْ لَيَبْعَثَنَّ اللَّهُ عَلَيْكُمْ مَنْ لا يَرْحَمُ صَغِيرَكُمْ ، وَلا يُوَقِّرُ كَبِيرَكُمْ

    “You will (must) enjoin the good, and you will (must) forbid the evil, or Allah will make sovereign over you the worst of you, who will afflict you with the worst of punishment, then the best of you will make Du’a and it will not be answered”. “You will (must) enjoin the good, and you will (must) forbid the evil, or Allah will send against you those who will have no mercy to your young and no respect for your elderly”. (Ibn al-Qayyim).

    Thus after establishing that enjoining the good and forbidding the evil is fard, and this is an action directly linked in the ayah to the group it means to have that group is also fard. The final qareenah in this ayah is that it is linked to success ‘muflihoon’, showing that whosoever does it achieves it while the others do not. These are the Karinah showing the fard nature of this ayah.

    Furthermore we know from a usul principle that whatever leads to an obligation is in itself an obligation (Ma la yatimm al- wajibu illa bihi fa-huwa wajib)

    So the biggest munkar (evil) for this Ummah currently is that the Muslim rulers are ruling by kufr, this is the biggest munkar. The spreading of this kufr and capitalism is everywhere, so this is the biggest munkar. So the Biggest ma’roof (good) is that Islam must dominate all other deens/ way of life’s and must replace this kuffur in this world and every kafir must come to Islam, either he becomes Muslim or pays the Jizya and becomes ruled by Islam. This is the biggest ma’roof so how can we achieve this? We cannot have this unless we have a state implementing Islam. Thus we cannot have the Khilafah or re-establish it unless we have political activities and have a political party.

    So these are the indications that this is FARD, and a collective fard, because the ayah says:

    “Let there be from the Ummah a group”.

    Now someone may say is it allowed to have more than one group in Islam, is it haram to have more than one group, and have two groups etc?

    Well if this ayah was restricted to one group Allah (SWT) did not mention this in the ayah, otherwise the word ‘wahida’ واحدة ‘one’ would have been mentioned after the word ‘Ummah’ indicating let their arise from you one group. This concept in usul is called ‘al-Mafhoom’ and falls under the category of ‘al-mafhoom Al-‘Adad’ (the sense of number). So because the ayah does not say let their arise from you one group, and has been kept general with the single use of the word Ummah it is allowed to have more than one group and also this is a collective obligation.

    So when we now mention that this is a collective obligation (fard kifayah) what is the difference between it and the individual obligation (fard ayn)?

    Here is a quote from Imam Al Ghazali’s book ‘al-Mustasfa’ where he says:

    The difference between the individual obligation and the collective obligation is how to do it and the removal of the sin. Both of these are similar in shar’ee (legislative) meaning that they are fard on all of the Muslims whether it is kifayah or ‘ayn, however the individual obligation is on all of the Muslims, and the collective obligation is on a group of the Muslims and this is only a ‘hukmi’ (ruling) difference.

    Thus an individual obligation is on every single Muslim and when he fulfils the action the sin will be removed from him. However if there are some members of the community who do not do it they will not be relieved of the sin, for e.g. Salah. However the collective obligation is still a fard on all the Muslims, if however they manage to achieve this obligation then they relieve themselves of the sin and they will only get the reward;

    أُوْلَئِكَ هُمُ الْمُفْلِحُونَ

    “And they are the successful”. But they will as well rid the the whole community of Muslims of the obligation.

    Now there seems to be a misunderstanding of the terminology ‘fard kifayah’. A lot of Muslims say “well if its fard kifayah you go and do it and I will get along with my business.” The Fard Kifayah is a FARD, however these are ‘hukmi’ differences. These obligations are Fard on all the Muslims, however with the kifayah if Alhamdulillah some people achieve it then it is fulfilled. However up to that time until it is ACHIEVED every Muslim has to participate in that kifayah duty, like establishing Khilafah (the Islamic State) and the sin will remain on them just like the one who does not pray until he prays. Now it is fard upon the whole Ummah to re-establish the Khilafah till it is established otherwise all of the Ummah will be sinful except for those who are working for the re-establishment of the Khilafah. Thus all of the collective obligations such as Janaza (burial) prayers/ghusul and Jihad are fard and follow the similar pattern of hukm.

    The Muslims nowadays ignore the word ‘Fard’ and go to the second word ‘kifayah’ straight away. But here Fard means if you do it you have the reward and are not sinful and if you do not do it then you are sinful. However is some of the people achieve this then the sin will be removed from your neck. This is the same thing that Ibni Badran mentions in his book as well as in ‘Rawdat al-Nazir waJunnat al-Munazir’ by Ibn Qudamah al-Maqdisi . This is the most important thing that we have to notice about this.

    So this is how ahkam are derived from the ayats and we must understand our ahkam this way, how these ahkams have been derived to be muqallid muttabi’, and not muqallid ‘aami (blind follower). The blind follower all he does is ask about a hukm (rule) and follows it. For e.g. he will ask is this halal or haram and just follow it, without asking for the evidences and how the ruling was derived. We must be one step ahead and better than this and be a muqallid muttabi ‘and know the evidences and find out how the rules were derived from the elaborated evidences. Insha’Allah we should not stop there and study even more so that we can be mujthahideen so that we know all the evidences and rules so that we can derive our own rules from the evidences from the kitab and sunnah.

    Jazakallahu Khairan, all praise and worship belongs to Allah, the Lord of the heavens and the earth.

    Q&A:

    1) Is it possible for you to clarify what entails calling to the khair, what it may differ from enjoining the good and forbidding the evil?

    A: There were misunderstandings about this part, the first misunderstanding that arose is that the Muslims thought that enjoining the good and forbidding the evil was only for the Muslims and for the Muslim lands. Also calling to the khair i.e. Islam was only for kafireen not for the Muslims. Calling to khair is for both Muslim and Non-Muslim. For the non Muslim we call them to Islam and for the Muslims to practise Islam. This is calling to the khair. So if we find non Muslims we give them dawah and invite them to become Muslim, whether he is your colleague, friend or neighbour. We tell them to believe in Allah, the Prophets, the Angels etc… Now for the Muslims we call them to khair by telling them to make their Islamic aqeedah the basis for their concepts and the halal and haram a measurement for their actions. Secondly enjoining good and forbidding evil everywhere, like the Prophet SAW did in Makkah when he invited people to Islam as well as enjoined the good and forbade the evil as well as expose the badness of Quraish.

    When the prophet SAW recited the ayah to Abu Talib:

    “Lo! Allah enjoineth justice and kindness, and giving to kinsfolk, and forbiddeth lewdness and abomination and wickedness. He exhorteth you in order that ye may take heed”. (TMQ 16:90)

    Abu Talib when he heard this he said “O Quraish, this religion is for you”, so we need to continue in a similar manner by enjoining good and forbidding evil on everyone.

    2) Some Muslims say that the qareenah in this ayah is the part where the ‘success’ is mentioned whereas other Muslims say that ‘enjoining the good and forbidding the evil’ is the qareenah with respect to the related evidences that each of these qareenah have. Is it possible for you to clarify this issue?

    A: All of these are qaraa’in. Sometimes you will only find one qareenah in an ayah, but usually there must be two qaraa’in to show that it is fard; one to show the reward that you will get and the second to illustrate the sin at hand if avoided, and if there is one it merely shows the reward present in that act. This is also similar with the criteria for haram. However sometimes you will find more than two qaraa’in within a ayah, these will either be based on the principle that whatever leads to an obligation is an obligation or will be indefinite qareenah which will be general until it is specified by other text. So in this ayah all of these are karaa’in and represent the fard nature of the ayah.

    3)      You mentioned that the word ‘min’-from has two meanings within the Arabic language and you have shown that we take the ‘li’l-Tab’eed’ meaning ‘some of you’. Could you give us a further elaboration as you mentioned as evidence to this that not everyone can physically do it, i.e. the enjoining of the good and the forbidding of the evil. However Salah is an obligation on the whole Ummah yet the Shara’ has given exception to those people who cannot fulfil it, couldn’t it not be the same case for this obligation where there is an ‘istitaa’a’ capability leeway. Thus this would hinder this meaning and make us adopt the second usage of the term ‘min’ and mean that the whole Ummah has to do it.

    You mentioned that could it follow the example of the salah, that it is an obligation on everyone but there are exceptions for those who are not able to do it. The first thing to note is that salah is an individual obligation (ayn) whereas this ayah is communal (kifayah). So when we follow the order of the ayah it says ‘Let their arise from you a group’ and this has the possibility of two meanings of ‘li ‘l-tab’eed’ or ‘bayan al-jins’. When we refer to other ayahs talking about enjoining the good and forbidding the evil, we say they are ‘ayn’ in general. Such as;

    “You are the best community that has been raised up for mankind. You enjoin right conduct and forbid indecency; and you believe in Allah”. (TMQ 3:110)

    And,

    وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاء بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ 

    And the hadith of the Prophet (SAW):

    “Whosoever sees a Munkar (an evil or wrong) let him change it by his hand, if he could not let it be by his tongue. If he could not let it be by his heart, and this is the weakest of Iman”. [Muslim]

    Thus here ‘sees’ means doesn’t necessarily mean to literally see it means ‘whosoever has knowledge of it’. However in the context of this ayah because it is calling for people to arise from amongst you and this is the biggest indication. Some of the scholars of Tafsir have said that it is ‘bayan al-jins’ but we say that they were wrong in its understanding and we take the meaning of ‘li’l-tab’ieed’ and it expresses the correct understanding of kifayah.

    4) In this ayah it mentions calling to khair as calling to Islam, is it possible for people to call to only one ahkam of Islam or part of it and restrict yourself to that, can that fall under this ayah and its context.

    A: this is a very important question, we must first realise that this ayah when it mentions calling to khair, as well as enjoining good and forbidding evil, it doesn’t specify what khair, what good or what bad. Thus the scholars of Tafsir have mentioned since it has been left unrestricted (mutlaq) and general (amm) then it means to call to all khair, all good and forbid all bad. It doesn’t say forbid those who do not pray, those that divide the Ummah or those who do not fast it is calling for all bad to be forbidden. Similarly with calling to khair, it cannot just be for sadaqah, or prayer or morals. Rather it has to be all encompassing and comprehensive, calling to all the ahkam of the deen.

  • The Order (amr) and the form of Imperative

    The following is the translation of a chapter from the Arabic book ‘Al-Fikr al-Islami’ (The Islamic Thought) by Sheikh Mohammad Mohammad Ismael Abduh, an Assistant Professor at the Egyptian University (now known as Cairo University) in the past.

    Muslims are obliged, in this life, to proceed in accordance with the orders and prohibitions of Allah. His (swt) orders and prohibitions came at the tongue of Rasool ul-Allah Muhammad (saw) in the Book and the Sunnah. From these two sources we derive the ahkam and what can be evidences with them, for the ahkam, which are ijmaa’ us-Sahabah and the qiyas (analogy).

    These ahkam are erived from the orders and prohibitions that came in the Book and the Sunnah. The orders and prohibitions that came in the Book and Sunnah are not confined to the form of the imperative (seeghat fi’lul amr).

    They rather came in many forms. Therefore, it is wrong to think that the meaning of the order of Allah (swt) that He orders of a thing by the form do (if’al). He might rather order with the imperative form (do) as well as with other forms.

    When Allah (swt) says:

    “Fasting has been prescribed upon you.” [TMQ Al-Baqarah: 183], He orders with fasting.

    And when He (swt) says:

    “It is duty upon (Muslim) people to make pilgrimage (Hajj) to the House.” [TMQ Ali-‘Imran: 97], He orders with Hajj. He (swt) also orders with the form of imperative (seeghat ul-amr) as in His (swt) saying:

    “Establish the prayer.” [TMQ Al-Baqarah: 43], and

    “When you contract a debt for a fixed time, record it in writing.” [TMQ Al-Baqarah: 282]

    So the order from Allah (swt) is the request from us to do the matter, whether He (swt) ordered of it in the imperative form or information form.

    It is incorrect to say this matter is not obligatory (wajib), because there is not a text that orders us of it, for there is no imperative form and it came in the informative form. Nor it is correct to say this matter is obligatory (wajib) because it came in the imperative form. This is because the matter might be obligatory and it came in other than the imperative form; and it might be not obligatory and it came in the imperative form. Since what is meant by the order (amr) is the request of (doing) the matter regardless of the form in which the request came; for there is no specific form for the order.

    As regards to the form of do (if’al), it is not specific to the order alone. It is rather common (mushtarak) for the order (amr) and others. It might be for warning (tahdeed) direction (irshad) and allowance (ibahah); and all of these are not orders. The common (mushtarak) word, in the language, that has many meanings, is suitable for all the meanings it indicates in the language if it came detached for qaraa’in (connections). It is not assigned to a specific meaning unless there is a qareenah (connection) that indicates that.

    As an example, the word ‘al-‘ayn’ is a word common (mushtarak) between many meanings. It is called upon ‘al-‘ayn’ (the eye), ‘al-jasoos’ (spy), ‘al-‘ayn al-jariyah’ (fountain), and ‘an-naqd’ (currency). There is no preference of any of these meanings over the others with a qareenah (connection), for it represents the true (haqeeqi) in some of them and metaphoric (majazi) in others.

    Likewise the form (seeghah) of do (if’al) is a common (mushtarak) between many meanings. It is called to mean the order (amr), to mean giving choice (takhyeer), to mean threatening (tahdeed) and to mean gratitude (imtinan). Not any one of these meanings is preferred to the others without a qareenah (linkage). This is because it represents the true meaning of each one of them; and it is not true (haqeeqi) in some of them and metaphoric (majazi) in the others. The Qur’an has come with these meanings (for the amr) in many explicit ayah that are not subject for interpretation (ta’weel).

    It appears for examining the ayah that came with the imperative form (seeghatul amr) that the Qur’an called it in different accounts and did not specify it with the order. It came to mean obligation (wujoob) as in His (swt) saying:

    “Establish the prayer.” [TMQ Al-Israa’: 78]

    It also means preference (nadb) as in His (swt) saying:

    “… Write for them…” [TMQ An-Nur: 33]

    It means direction (irshad) as in His saying:

    “… So seek witness…” [TMQ Al-Baqarah: 282]

    Which means if you wanted to conclude a transaction, it is more convenient that you have witnesses on it so that your right is not lost. It is for allowance (ibahah), such as His (swt) saying:

    “…But when you have left the sacred territory, then go hunting (if you will)…” [TMQ Al-Maidah: 2]

    And His (swt) saying:

    “And when the prayer is ended, then disperse in the land…” [TMQ Al-Jumu’a: 10]

    It is also for gratitude (imtinan) as His (swt) saying:

    “Eat of what Allah provided to you.” [TMQ Al-An’am: 42]

    It is for honouring (ikram) as His (swt) saying:

    “Enter them (the gardens) in peace, secure.” [TMQ Al-Hijr: 46]

    It is for threatening (tahdeed) as His (swt) saying:

    “Do what you like.” [TMQ Fussilat: 40]

    And:

    “Take your ease (enjoy yourselves) a while.” [TMQ Az-Zariyat: 43]

    It is for mockery (tashkeer) as His (swt) saying:

    “Be you apes, despised and hated!” [TMQ Al-Baqarah: 65]

    It is for incapacitation (ta’jeez) as His (swt) saying:

    “Be you stones or iron. Or some created thing that is yet greater in your thoughts!” [TMQ Al-Israa’: 50-51]

    It is for humiliation (ihanah) as His (swt) saying:

    “Taste! Lo! You are might, full of honour.” [TMQ Ad-Dukhan: 49]

    It is as well for equalization (taswiyah) as His (swt) saying:

    “Be patient or don’t be…” [TMQ At-Tur: 16]

    Thus the imperative form (seeghatul amr) carries many meanings. If it came free of the qaraa’in (connections), then it is necessary to seek for the qareenah (linkage) in the text it came in or in other texts that came in the same subject or case, in order to assign what is meant of the command in that text. In other words, this is to determine the intended meaning of the imperative form in the text.

    In this manner, it becomes possible to understand the divine text (an-nuss ash-shar’i), and to derive the hukm of Allah (swt) meant from that text. Thus man would follow the halal as it came and not as what the person wishes. He avoids the haram that came and not what the person himself views. In such a way man would have followed the halal and avoided the haram in the manner that Allah (swt) wanted.

  • Fiat Money and Zakah

    Question:

    The following came in the book of Funds, in the second paragraph of p. 174 “and these reliable (covered with gold) banknotes consider the covered ratio of them as representative banknotes ……… ….. (and it says at the end of the paragraph) …..if they did not amount to forty dinars, then there is no Zakat in them”

    The question is: Is it not possible to view the reliable banknotes in terms of considering the covered part of them as representative banknotes, where Zakat of gold or silver applies to them according to their coverage? While the  percentage which is not covered is considered fiat “mandatory” money, where they fulfill the reason (‘illah) of money and price like the fiat money, and thus they will be covered by the ahadeeth that oblige Zakat in the two currencies of gold and silver?

    Answer:

    Currency is as follows:

    1 – The substance of gold and silver, whose Zakat is clear.

    2 – Paper currency that represents all that which is written on it. If it was written on it the word of Islamic dinar, 4.25 gm gold, this paper of “dinar” is treated as if it were a golden dinar, ie a tangible substance. So, this banknote is subject to Zakat according to what is written on it on condition that the banknote can be substituted by gold at any time. This means if you had twenty banknotes of “85” gm of gold, thus reaching the minimum amount (nisaab), then Zakat is taken from them. This is the meaning of the representative banknotes, which means they can be substituted at any time at the State Bank for their full value.

    3 – A representative paper money/banknote, but what is written on it is not exchanged for the gold value written on it, but rather for a ratio of it. As an example, dinar is written on it (it is called dinar among people during transactions), but when you take this banknote to the State Bank they give you 2.125 gm gold, ie a half of gold dinar This means the nisaab will be met when you have forty banknotes of them (40 × 2.125 = 85). In this case, it is incorrect to say that this banknote on which dinar is written is divided into two parts: half of it is representative, while the other half is fiat (mandatory). This is incorrect, because it is the same banknote, and it is used in the market dealings with the trading power of the amount of 2.125 gm of gold, and nothing else.

    In other words, its trading value is not 2.125 gm of gold + something else!

    So, its reality is that it is a banknote whose value is 2.125 gm of gold, and nothing more.

    4 – As for the mandatory banknote, it is not exchanged for gold as it is written on it. In other words, whether a dinar or ten dinars was written on it, there is no point in that because it is not exchanged for gold at all. It is incorrect to say you can purchase a quantity of gold with it, so why this is not considered to be a cover, and accordingly the mandatory banknote is a reliable banknote for an amount of gold.

    This is not the case, because in order to consider the full representative banknote, or the reliable banknote, which is proportionally representative (ie not fully covered), their value in gold must be known and fixed, and it can also be exchanged in the State Bank, at any time. The absence of these two conditions: “the known golden value and the replacement of this value at any time” excludes it of the representative banknote.

    It is clear that the mandatory banknote is not like that, for it has no fixed and known cover which is subject to exchange at the State Bank of gold at the desired time. Rather, it is not more than a banknote subject to exchange for a known ratio since America’s declaration in 1971 of the abolition of exchanging the dollar with gold.

    Accordingly, regarding the mandatory banknote it is treated as a currency in the divine provisions because of the reason (‘illah) of being a currency; and Zakat is taken of it after knowing of its value in the market, in gold or silver. If its total purchase value reached twenty dinars of “85 gm gold” it would have reached the nisaab, or if it reached two hundred dirhams “595 gm silver” it would have reached the nisaab. If this amount remained after paying the debt…, and one year has passed, then the Zakat is obliged. I tend in this issue to consider the lower nisaab enough to oblige the Zakat . So, if it reached the nisaab of the silver, which is the lower at these days, its owner would be subject to Zakat.

    10 Rabee’ II 1432

    03/15/2011

  • Obliging Zakat upon Crops and Fruits?

    Question:

    It came in p. 97, at the end of the third line in the book of the Draft Constitution, Volume II the following text: “As regards the words of Allah, The Almighty: (And give its due right on its day of harvest), Al-An’aam, verse 141. Zakat did not come in this verse for it is revealed in Makkah, while the Zakat was enacted in the Madinah; and that is why it mentioned the Pomegranate which there is no zakat of one tenth on it… “

    The book of Funds mentioned in p. 161, first line after the title: “Zakat on crops and fruits is obliged by the Qur’an and Sunnah; as for the Qur’an it is by His (swt) saying: “And give its due right on its day of harvest”, Al-An’aam, verse 141.

    The question is how we use the verse as evidence for the obligation of the Zakat, though we say that the verse does not include Zakat, as it came in the Draft Constitution. In other words, how we make it evidence for obliging zakat upon crops and fruits? Should not we publish correction about it?

    Answer:

    What is stated in the Draft is more detailed than that which is mentioned in the Funds; and they however conform to each other:

    The verse of “And give its due right on its day of harvest” is not valid to use to infer the Zakat in generality, i.e. to say there is zakat in all of crops, because it is a Makkiyyah verse, where the Zakat has not been enacted then.

    However, there are others who use it as evidence, but not general in every crop, rather it is used as mentioned in the Draft Constitution:

    A – Regarding that which is cropped,

    B – And that it is summed (mujmal) that needs elaboration.

    Accordingly, it was stated in the Draft: “If we assumed they fall within the zakat, then this applies on that which is harvested, because the pomegranate is not harvested, thus it came in summed (mujmal) form, and the ahadith came to mention that zakat is taken from the harvested crops, which are the wheat and barley. The ahadith added other two types, which are of dates and raisins. In any case, as long as the verse has been revealed in Makkah, where the Zakat was not enacted yet, then this is sufficient to reject its use as evidence. “

    In other words, it is not used as evidence for the Zakat on all crops, because the context of the text lacks its use for reasoning the Zakat of all crops; but it can be referred to in that which is harvested, and that it is of summed (mujmal) form where the ahadith elaborated it.

    As for the Funds, it was mentioned as summed (mujmal), like quoting the summed (mujmal) hadith in Zakat “Tenths (Zakat) are taken from what is irrigated by rivers and rain …”. The summed evidences are not alone enough, because they need elaboration (bayaan); and their elaboration comes in the ahadith that made zakat only from wheat, barley, dates, raisins, and they have to reach a certain amount (nisaab) … etc..

    Thus, it is not allowed to use as evidence that which is summed (mujmal) unless followed by elaboration (bayaan). Therefore, they were mentioned in the Funds as summed, and then they were followed by the elaborating ahadith. So, it said in the Funds:

    “Zakat of crops and fruits are obliged by Qur’an and Sunnah. As for the Qur’an, it is His (swt) saying “And give its due right on its day of harvest”, [Al-An’aam, 141].As for the Sunnah it is the saying of the Prophet, peace be upon him: “There is no Zakat in less than of five wasaqs“, agreed upon it …End quote.

    After all, had it been explained in the Funds as it were in the Draft it would have been better … However, I do not see a need for its correction, on condition that it is understood as detailed in the Draft.

    4th Rabee’ II 1432

    03/09/2011