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The necessity of being an ideological driven Muslim
he Oxford dictionary defines ideology as: “a system of ideas and ideals, especially one which forms the basis of economic or political theory and policy or a set of beliefs characteristic of a social group or individual.”
The word itself originated from the French Revolution and was coined by a French philosopher, Antoine Destutt de Tracy in 1789 derived from the word ide’ologie which originally means “science of ideas” and has since been used in the context of propagating ideas that are underpinned by political, economic or social construct with a view to propose the aims, functions and nature of these ideas to be practically instigated into the political and social life of all humans regardless of language, race or geographical factors related to human beings.
Sheikh Taqiuddin an-Nabahani defines ideology as: “The ideology (mabda’a) is a rational doctrine from which a system emanates. The ‘Aqeedah (doctrine) is a comprehensive idea about man, life and the universe what preceded this life, what is to follow it, and the relationship of this life with what preceded it and what is to follow it.” [System of Islam]
When one looks to understand Islam and the life of our beloved Prophet Mohammed PBUH, the inquirer may attribute this term to Islam and the struggle to establish Islam by our final Prophet PBUH. Indeed this term can be correctly attributed and be used explicitly to describe the life of Muhammed PBUH or the nature of Islam, because Islam itself is an ideology that encompasses comprehensive and detailed systems defined to us by the Quran and the life of the Prophet PBUH was an ideological struggle to be applied on Earth in all aspects of the human cycle from an individual private level and unquestionably on a public state level governing life’s affairs in every dimension of human construct from the social paradigm of human beings to the economic policies that affect them to the reigns of foreign policy all over the world.
Historically there has been no ambiguity in the understanding of Islam as nothing but an ideology as our forefathers demonstrated to us by propagating Islam far and wide to the extent that the Khilafah State went from being a seed in Madinah to a tree that was 4500 miles tall, spreading over the frontiers of China in the Eastern part of the world to the South of France in the Western part of the world. It was the their understanding of Islam as an ideology that created ideologically driven Muslims whose every action was linked to their creed and it was this Islamic Aqeedah that drove them to implement Islam all over the world.
A Muslim must therefore understand Islam in the same ideological narrative since any slight deviation from this understanding will affect the actions of a Muslim and could aid the disbelieving colonialists plan’s to dilute the message of Islam from being a struggle and challenge against all false ideas that exist in the world to a pluralistic understanding of Islam that consists of contradiction, incongruity, compromise and skepticism as we see so common today.
The danger and consequences of this are real and a reality that we witness as an Ummah today in which we find Muslims believing in the message of Islam whilst calling for a democratic state to rule over them. We see Muslims who choose to avoid some haram such as abstaining from alcohol, sex before marriage and eating pork whilst playing with interest in their businesses or taking an interest based student loan. We see Muslims who visit the Mosque regularly and are even engaged in the call for Islam, but because of the absence of an ideological understanding of Islam, they call for individual reform and philanthropy based on the Western view of morals and ethics or the call to detach themselves from the material world, privately following Islam but publicly neglecting it.
Another issue in which a Muslim should be familiar with and understand is that the ideology of Islam has historically, presently and will always be an opponent to all other ideological views whether they be prominent such as capitalism or obsolete such as tribalism, socialism, anarchism, or any other ism that seeks to penetrate the world. Within this struggle of ideas, a Muslim must not be, by any means, scared, nervous, shy, intimated or cowardly in any way when propagating or working for the implementation of the ideology of Islam regardless of the pressures artificially created by the media, public opinion or politicians of any kind. In the last decade we have witnessed a plethora of attacks against the Shariah of Islam ever since the 9/11 attacks and the global war on terror led by the U.S followed by significant events that have taken place such as the London bombings, Indian Bombings, Suicide bombings and other recent events like the Boston Bombings and the event in London regarding the stabbing of a British soldier, to the extent that any political word, term or phrase said in the context of Islam has become synonymous with highly politicised terms such as terrorism, extremism, fanatical, fundamentalism, radical e.t.c. This ideological attack on Islam by the imperialists are not new to Islam nor are they scandalous, because the Ummah of Islam has witnessed this for centuries ever since the creation of Adam A.S and can expect such challenges until the end of time. Indeed the ideology of Islam is a threat, not to the citizens of any state that exists today, not to Non-Muslims who are regarded as Dhimmi (legal citizens of the Islamic state), not to the innocent women or children of the world regardless of religion, beliefs or values, but to the disbelievers who work tirelessly and timelessly to prevent the re-establishment of the Islamic Khilafah and prevent the revival of the Islamic ideology in order to fulfil their own desires or nourish their hatred for Islam.
Islam came as a timeless ideology to be applied all over the world. Islam has a unique political system in which government accountability is transparent, it has a unique economic system which has a primary aim to eradicate poverty and any obstacles to the distribution of wealth and the Prophet PBUH exemplified how Islam should be put into practise in all walks of life. This is the ideology which is a threat to human beings who aim to do the complete opposite by exploiting the freedom that Allah SWT has given to them and walk arrogantly across the Earth in order to oppress other human beings. This is the ideology which is a threat to Capitalism simply because it will reverse the outlandish results of capitalist economics in which 80% of the world’s wealth remains in the hands of 5% of the world’s population. This is the ideology that is being attacked and secularised intensely in order to narrow down Islam from an ideology to a mere blind faith.
A Muslim who embraces Islam is inherently ideological since he is required to source rules for all of his actions from the Aqeedah of Islam which defines how he should live his life and his idea about state governance is consequentially of what Islam has defined for us to be the ruling systems that prescribe the constitutions and cannons in order to solve all of the world’s problems. Believing in Islam means to believe in the idea that Islam should rule the world since it has been ordered to us by Allah SWT.
“You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah.” [3:110]
The ideological Muslim will be careful in all of his actions to ensure that they comply with the Shariah of Islam and exert his effort to follow Islam in its entirety. The ideological Muslim will yearn for the superiority of Islam in the world, since he understood the mission and objective of our Prophet Muhammed PBUH. The ideological Muslim will remain humble in his service to Islam doing all actions purely for no other desire except the desire of our creator as he understands the consequences of his actions and the accountability process he will go through on the day of Judgement facing his Lord, Allah SWT.
A Muslim who wishes to resemble the life of Muhammed PBUH and please Allah SWT should reflect on his understanding of Islam. Is your idea of Islam in accordance to the reality of Islam as an ideology? If not, then what Islam do you believe in? A Muslim cannot ignore or neglect the versus of the Qur’an which talk explicitly about the Shariah rules and Jihad etc. Just because they are in the spotlight and labelled as extreme, rather the ideological Muslim must learn about these topics and study them in order to understand and carry the Da’wah to defend the Shariah or foreign policy of Islam that is criticized so heavily.
The Prophet (SAW) said: “Any action done not in accordance with what I have brought it is rejected”
An ideological Muslim should view every problem from the perspective of Islam. It is indeed a life time journey for a Muslim to unwire his previously inclined thoughts, likes and dislikes from other ideologies including cultures and traditions that are not from Islam and to perfect his actions to be in accordance to Islam in its pure form. The reality is that with the absence of the Islamic State which is the means to culture the Ummah with Islam, any Muslim is prone to the false notions that conflict with Islam whether these ideas are secular, modernist, reformist, cultural or foreign e.t.c. Due to this it makes it twice as important for a Muslim to understand Islam as an ideology and thus forming the Islamic personality.
The motivation for working meticulously and assiduously for the revival of Islam is an outcome of the ideological understanding of Islam. When a Muslim senses a problem, whether this problem is a personal problem at home with his family, or a problem he senses with the outside world in the day to day interaction in public life during shopping, working, travelling etc. Or a problem that is discussed politically such as the destitute economies in the Muslim world or the dictatorial regimes and Western interference in our lands, he examines the nature of the problem carefully thus realizing that the problem exists due to the absence of the Islamic rules in the world. It is the absence of the ideological understanding of Islam in Muslims who are neglecting Islam in their actions and are using the criteria of Western ideas such as Freedom of speech or freedom of ownership to decide if he could do a particular action or not rather than the reference to Islam. We see examples of this when you may hear a teenager Muslim say “I can do what I want, it is my choice” or a couple expecting and in the process of buying their first house on an interest based mortgage claiming it is justified for them or a Muslim in the community who thinks he can help Islam by mobilising the Muslims to vote for a particular MP. The Muslim who understands Islam in its correct ideological narrative will link back these problems to the absence of Islam in public life.
“The example of those who maintain Allah’s limits (hudood) and those who surpass them is like the example of those who share a boat. Some would occupy its upper deck and some its lower deck. The occupants of the lower deck would have to go to the upper deck to have access to the water. If they said, why don’t we drill a hole in our part (to directly access the water) and do not cause any inconvenience to those above us. If those on the upper deck let them do what they wanted then all of the passengers would sink. However, if they prevented them from doing so then all would be saved” [Bukhari]
He will appreciate that it is the capitalist economics that have created a situation in which it is impossible for a person to buy a house and is practically forced to go to the bank for a loan whilst Islam prohibits interest, thus opposing the idea of a debt based economy. He will appreciate that the absence of a strong public opinion against sexual freedom as well as the Shariah to regulate this is the cause of a Muslim fulfilling his instincts in a haram way or a Muslim women not wearing the Islamic dress code due to a Western social system that gives the women the option to dress lustfully whilst Islam has defined a specific uniform for a Muslim women. The ideological Muslim appreciates that the young Muslims today are growing up with the absence of Islamic sciences in their education, the absence of Islamic culturing in all aspects of life is the reason for a teenage Muslim today following his whims and desires as oppose to the criteria of Islam. It is the absence of the Islamic State that has taken the natural environment for a Muslim to practice his deen away and the installation of an ideology that is absurd to Islam such as the corrupt secular ideas or corrupt cultural ideas from tribalism.
Many sincere Muslims carry out actions in order to aid the propagation of Islam. It is vital that these actions are linked to the ideological objectives that Islam has defined to us. One only has to ponder upon the life of the Prophet Muhammed PBUH in Mecca. Even a non-Muslim will be able to appreciate that the mission of Prophet Muhammed PBUH was equivalent to what people may call today a revolution. He PBUH transformed society from following the social norms of Arabic traditions to the rules of Islam. This continued to spread all over the world until the destruction of the Islamic State in 1924. Therefore a Muslim who is attempting to carry the Da’wah of Islam must have the same objective in mind which is to call for the implementation of the Islamic rules all over the world. This is what we require today after 89 years of living without the Islamic rules in state and society the Muslim world is yearning for the Shariah to be applied in the world once again. Countless surveys have indicated that majority of the Muslim world want to live under the Shariah rules, not that we need surveys to substantiate this. A person just has to look at the last 2 years to understand that the Muslim world are willing to die for Islam as seen in the example of the Ummah in Syria. Therefore, a Muslim who has understood Islam correctly will identify that the Islamic State is the nucleus for the revival of the Muslims and thus call for this in attempt to aid the call for Islam and the mission of the Prophet PBUH.
The ideological Muslim who seeks to revive Islam will not have a mundane routine in which he goes to work, comes homes, sleeps and relaxes on a weekend. This is because he senses thousands of problems every day realizing the urgent need for Islam. He realizes the magnitude of what he holds and is eager to spread these ideas as far and wide as his limbs can take him. His mind cannot accept how humanity has reached its depth of Kuffar in neglecting Allah SWT and the oppression on humanity that has come as a result of this whilst little is being done to resolve this by the Muslims in large.
“It is He who has sent His Messenger with the guidance and deen of Haqq, to prevail over all other religions even though the idolaters may abhor it.” [At-Tubah: 33]
His pursuance of the news doesn’t allow him to relax on a weekend because he senses the propaganda and new forms of attack on Islam, he develops a deeper understanding of the relationships between states and the shrewd joint efforts by states to maintain their imperialism over the Muslim lands preventing the rise of the Islamic State and thus feeling the need to challenge this via political activism and analytical discussion amongst his community. He wishes for humanity to be at peace and understands this can only happen when humanity is revived by Islam. Thus in his spare time his hands don’t recede without a book to develop his understanding of a particular discussion, his interaction within public life does not fall short of a discussion in which he can share his ideology. His time with his wife, family or friends is turned from being only enjoyment with irrelevant discussions to a magnified opportunity to attract and call more people to the ideology of Islam. He works to a plan in which his weeks are refined to be as productive as possible and prioritised in line with the call for revival. He sacrifices his desires such as going to watch the latest movie in the cinema, or frequently visiting the latest restaurants with his wife, or spending more than sufficient time on engaging in sporting activities, or wasting time being a perfectionist in his domestic preferences whether this maybe in his house, car or his gadgets.
Being an ideological driven Muslim means that the call for this ideology is the central point of his life to which his life revolves around. If this is not the case, then the Muslim has not understood Islam as an ideology i.e an idea which surpasses racial or geographic boundaries that encompasses rules for all people, at all times in all circumstances coherently in an individual’s personal life and the public domain.
We were blessed with Islam by Allah SWT to be the chosen ones to carry the ideology of Islam to the rest of the world and are plentiful across the world due to the actions of our forefathers who raised the Rayat of Islam and dedicated their lives to the implementation of Islam with their correct ideological comprehension of Islam. If we don’t comprehend Islam in the same way, the Muslims will remain in the shadows of Kuffar and our generation will not witness the practical manifestation of Islam via the Khilafah. The work for the re-establishment of the Islamic Khilafah will only be done by ideological Muslims and the revival of Islam can only take place once the Ummah has clearly understood Islam as an ideology.
“This day have I perfected your religion for you and completed My favour unto you, and have chosen for you as religion AL-ISLAM” [5:3]
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Egypt’s Constitution and the Facade of Change
It is indeed difficult, amidst the heat of an intense and immediate battle or conflict to retain objectivity, remain principled, and orient ones thinking as to balance between long-term and supplementing short-term goals. The clashes and political turmoil in Egypt – and their intensity have instantiated this difficulty as Muslims continue to rally in support of Mursi and the draft constitution mainly in response to the fierce response of the Secularist following the November 22 constitutional decree. And of course the perceived victory makes it all the more difficult to critically understand the reality of the scenario.
Few however have critically asked about the structural factors or mechanisms which have perpetually created similar conflict in Egypt. And whether or not the existing political framework under which the constitution is being drafted, is even legitimate. We will argue below, as follows (1) political reform, in this case, legislative reform within the political architecture of ‘the State’ does not bring about a change in the concepts and political principles carried by a society for the state is a reflection and political manifestation of pre-existing ideas. (2) Calls for the implementation and designation of Shariah as a “main source of legislation” fail to acknowledge the reality of the prevailing political system, namely, the overarching Secular fixated framework of which the constitution is merely a product. (3) Designating the “Principles of Shariah” as a “main source of legislation” in a Secular political system in which revelation is not sovereign but rather subordinated to the sovereignty of a political institution – Parliament – is not only at fundamental odds with an Islamic worldview but rationally nonsensical. And (4) the Yes/No dichotomy which had been set up prior to the referendum vote is fallacious in that it assumes a false dichotomy and the jurisprudential principles employed to justify
1- Legislative Reform does not induce Change
Any constitution is the legislative expression and reflection of ideas within a community or political society – the framework of implementation for which is ‘the State’. In other words – ideas adopted by a society produce a constitution and the respective authority which implements its content. And thus, legislative reform does not produce ideas nor does it bring about political change.
What this means is that, any paradigm shift, cannot come through incremental legislative reform for example a Capitalist system cannot be transformed into a Socialist system nor can a Secular system become an Islamic system. Dissolution of the constitution requires dissolution of the political framework which produced it, and the dissolution of that political-framework requires dissolution of the ideas from which it naturally emerged. Constitutions do not produce societies, but rather it is the binding ideas of a society which produce a constitution. A reformation of a constitution merely makes the existing system work better. What Islamic movements like the Muslim Brotherhood fail to realize is that political power is a means and not an ends. Rosa Luxemburg, in her critique of Reformism explains
“Every legal constitution is the product of a revolution. In the history of classes, revolution is the act of political creation, while legislation is the political expression of the life of a society that has already come into being. Work for reform does not contain its own force independent from revolution. During every historic period, work for reforms is carried on only in the direction given to it by the impetus of the last revolution and continues as long as the impulsion from the last revolution continues to make itself felt. Or, to put it more concretely, in each historic period work for reforms is carried on only in the framework of the social form created by the last revolution. Here is the kernel of the problem.”
A common response contends that the Secular factions in Egypt would make the prospects or push for an Islamic system unfeasible at this given time. However, this fails to acknowledge that the Secular factions in Egypt are a minority whose power is only magnified vis-à-vis their hegemony over “reality-defining” institutions like the media. Secondly, preserving a Secular political-framework and failing to explicitly demarcate the conceptual boundaries between Islam and ‘the Secular’ in Egypt will not diminish the scope of those Secular factions in Egypt – if anything, it will only increase and sustain it. As a matter of fact, the very strength of the Secular factions and hybridity of Egypt’s intellectual fabric is a direct result of Egypt’s long-relationship with colonialism, be it through military colonization or more importantly the colonial institutions such as the nation-state.
A chief impediment towards the realization of an Islamic political system is the aura of transcedency it has gained, through “Islamist” discourse over the decades, becoming a sort of Utopian vision and the ultimate expression of an Islamic society. And the ‘State’ is no longer a means or an instrument but rather a sort of Hegelian ‘ends’. Those who are quick to dismiss the notion of introducing an Islamic constitution in Egypt seemingly fail to realize that the polarization between two contending camps during the referendum crisis was between those who sought a more “Islamic” constitution and those who sought a more “Secular” constitution. Supporters and those who rallied around the President did so based on ‘ideological’ affiliations to Islam, and a desire to see Islam being introduced into the political realm. However, the nature and content of this more “Islamic” constitution is a task delegated to their leadership with whom they affiliate based on their Islamic ideological inclinations.
2- The Conceptual Framework of the Constitution is Secular
A Nation-State is essentially the politico-legal expression (‘the State’) of a ‘Nation’ – an identity- whose existence preceded that of ‘the State’. Several elements constitute the ‘identity’ of a Nation, including language, race, and religion. All of which (language, race, and religion) however, are part of the ‘Nation’s narrative. And as such, religion as a secondary characteristic and feature is part of (and not definitive of) a National Identity and subsequently expressed legally through constitution or law. The states identity, principles, and structure is defined in the introductory section of the constitution and is based, as stated above, on Secular paradigms and not revelation despite the fact that it is the identity, principles, and structure of the state which most directly orients and influences not only the actions of the people but also their consciousness and subjectivity.
A reference to the “Principles of Shariah” is thus not an ‘Islamic’ element in a Secular constitution by rather the natural expression of the Nations Secular identity and a domestication of Islam. An explicit example of this is in the draft constitutions introduction which proclaims;
Constitution of 1971 Draft Constitution of 2012 Identity of the state: ”The Arab Republic of Egypt is a democratic state based on citizenship.The Egyptian people are part of the Arab Nation and work for the realisation of itscomprehensive unity.” Identity of the state: “The Arab Republic of Egypt is an independent state with unified sovereignty that cannot be divided. Its system is democratic. The Egyptian nation is a part of the Arabic and Islamic nations (Umma). It is proud to belong to the Basin of the Nile and Africa, as well as of its Asian extensions.” Even the most Secular of States, mention ‘State Religion’ or designate the religious affiliations of the heads of state.
Furthermore, the process by which a constitution is reformed and drafted is primarily defined and informed by the conceptual-framework and ideas which underlie ‘the State’ and is in no way absolute. For example in Egypt, the principles of Arabism, Parliamentary Democracy, and Republicanism define both the political architecture of the system, the framework of the constitution and the content of the legislation it implements. As illustrated below, the constitution is embedded within the politico-economic framework of ‘the State’ which itself is the product of a overarching worldview-principles.
(Similarly, the Qur’an and Sunnah define the boundaries of Ijtihaad in Islam and the political architecture of the system which emanates from the Qur’an and Sunnah) And thus the “Islamic” legislation passed in Egypt would be implemented by a Secular political system which is nonsensical. It would seem absurd to suggest that Liberal legislation be implemented within the framework of a Socialist political system. If that were the case for two ‘Secular’ and Eurocentric systems than what would be the case for divine revelatory legislation being subordinated and implemented by a Secular system? Islam, through its holistic worldview and comprehensive revelation provides man with the politico-institutional framework through which Islamic law is implemented and that system is the Khilafah. It is for this reason that the first article in the draft constitution adopted by Hizb ut-Tahrir for the Islamic State is:
“ The Islamic ‘Aqeedah constitutes the foundation of the State. Nothing is permitted to exist in the government’s structure, accountability, or any other aspect connected with the government, that does not take the ‘Aqeedah as its source. The ‘Aqeedah is also the source for the State’s constitution and shar’i canons. Nothing connected to the constitution or canons is permitted to exist unless it emanates from the Islamic ‘Aqeedah.”.
There is a fundamental difference between Islam being part of the constitution and the constitution being based on Islam. It follows that:
(1) The Egyptian Constitution is temporally Relative and not Absolute.
(2) The Qur’an as an epistemic base of knowledge is Absolute by its revelatory nature.
(3) It is thus irrational for the Qur’an to be part of the temporal Egyptian constitution.
Reason, contrary to what the Democratic mimics in the Muslim world might think, does not serve as the epistemic base from which legislative injunctions are derived. The only “reason” which supersedes over the principles of State and the revelatory injunctions of Islam is that of the Descartian “I” i.e. the prevailing reason of the colonizing European man who super-imposed is socio-political and economic models on the Muslim world. Popular sovereignty, Nationalism, and Parliamentary Democracy were all the products of the European man’s revolt against the despotic Church and the absolutization of ‘reason’. A Eurocentric ‘reason’ thus reigns authoritatively superior to the divine ‘will’.
3- Islamic Law and Sovereignty
Establishing an Islamic political system is a means, and not an ends as ‘the State’ is a necessary entity by which the political and social based Islamic legislation is implemented and thus the will of the Absolute creator is sovereign in all domains of life. In other words, the purpose of Shariah and ‘the State’ in Islam is; the preservation of Allah’s sovereignty in the political sphere. Islamic law is however eviscerated of its divine and revelatory nature, more so, of its primary purpose when it loses its sovereignty and its principles are reduced to a “main source of legislation” while sovereignty is held by a Secular parliamentary establishment. The will of the divine, as expressed through Shariah, is subordinated to the will of competing and contending political factions in Parliament. From a rational perspective alone, this is absurd as epistemic authority is, by its very nature, relegated to revelation which emanates from the will of the Absolute as opposed to the limits of our parochial ‘reason’ or the volatile ‘ will of the people’ (i.e. an aggregate of” morally autonomous rational individuals”). The constitution is thus fundamentally flawed, on both a rational and religious basis – and will continue to be so as long as the Secular political architecture and its overarching conceptual-framework is preserved.
Reformist will point to the second, fourth, and other clauses which state that the “Principles of Shariah” are the ‘main’ source of legislation. First and foremost, the architecture of ‘the State’, its conceptual basis, obligations, duties, and legislation are to be, from an Islamic normative perspective all derived from revelation. Legislation and the implementation of law is one dimension of any political system.
Secondly, the “Principles of Shariah” which Article 219 designates as “al-Adilla al-Kuliyya, al-Qawa’id al-Fiqiyya, and al-Qawa’id al-Usuliyyah” are not in themselves sources of legislation but rather they are conceptual tools and modalities used by scholars to understand the nature and dimensions revelatory legislation in a holistic way. Separating the “Principles of Shariah” from the content of Shariah is thus to eviscerate the principles from its content and substance. Not to mention, that these principles are subjective and historically contingent to the factors and environment in which they were developed. Having rendered the “Principles of Shariah” from their content, context, and substance they are then informed and defined by temporal hegemonic political paradigms.
4- False Dichotomies
When confronted with explicit and manifest Qur’anic injunctions of the Absolute political and legislative sovereignty of the Creator – a common retort is to secondary and misplaced Usuli or jurisprudential principles such as the “lesser of two evils”. Both “evils” are products of the same dismal reality with one being slightly less “evil” subjectively of course, than the other. Furthermore, one of these two evils is absolutely unavoidable; there is no third-way, a third option. In the end, they end up legitimizing and preserving the very same political architecture and structural conditions which had produced those two “evils”. The irony being, that by choosing the lesser evil they end up legitimizing the “evil” origins of both. This stems from nothing short of political naivety and superficiality. Seemingly not having learned from the experiences of a revolution which was far more effective than any ‘legitimate channel for participation’ which taught reformist and revolutionaries alike that the options or ‘legitimate channels’ designated by the illegitimate political system are not immutable nor do they serve as the only options for change, if anything, they preserve the status-quo. What is all the more perplexing is the fact that the referendum in Egypt is not over that of an Islamic constitution versus a Secular constitution but rather a Secular constitution which subordinates the sovereignty of the Absolute Creator to that of the Created. And hence the ‘sovereign’ majority will decide whether or not the will of the Absolute is given a secondary status in the newly drafted constitution or no status at all. The rational and religious absurdities of this are quite obvious.
An Alternative Trajectory for Egypt
Economic progress, social cohesion, and political stability are unattainable without political and economic independence. And the key to this politico-economic independence lays in the intellectual liberation through the introduction of a counter-hegemonic alternative to the dismal status-quo in Egypt. Surely, counter-hegemonic alternative would offer nothing but utopian ideals nor does thrive off the exclusionary politics of nationalism but rather a humane, liberating, and practical alternative from which we can derive both a coherent set of political, economic, and principles and also, a politico-economic and social system which embodies this principles. What is needed is a coherent vision and a comprehensive politico-economic program to deal with the deeply-rooted structural problems and contradictions in Egypt’s faltering system. A cosmetic reform under the masquerade of an Islamic-Democratic-Free Market hybrid “Nahda” program as espoused by the Freedom and Justice Party would fall short of the needed radical structural transformations. The necessary trajectory and answer to the crisis lies not too far from the roaring chants and cries of Egypt’s “Islamist” majority – that answer being; a principled and actual articulation and implementation of what revolting populations around the Muslim world are demanding, they want Islam in power, and not Islamist in power.
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Raising Children to be Islamic Personalities
1) Western Society and the Child’s upbringing.
It is painfully obvious to all that there is a wayward youth culture here in the West. As people working to build an alternative society, we need to ensure that our children are not sucked in by it and that we have put thought into how to avoid developing such a culture in the future Khilafah.
Western children are not innocent little angels who get corrupted as soon as they start going to school, rather they have often been corrupted by their parents long before. How many daddy’s little princesses become manipulative self obsessed spoilt brats? How many angry children hit mum as a toddler, then grow to have no respect for her as an adolescent? How many new behavioral diseases, like ADHD, will Western society discover next year?
Parenting mistakes made early establish trends that are hard to break, leading to disastrous problems for the child’s development.
Western parents are amazed at Super Nanny’s powers. She can do what no other parent can do – and all she uses is a naughty step! Drunk on freedom, and their right to party – many young parents prefer to see their children as future friends, drastically underestimating the need for discipline. Many are just too tired after work to put in the effort and attention that raising children requires.
Muslim families do not always do much better. Mum is often too exhausted after cooking, cleaning, washing and ironing her husbands clothes. She gets no help from him, as raising the kids is her job alone. She is to blame if his kids are rude or have not learnt enough Quran. Most of this attitude comes from cultural traditions and not Islam.
In some inner city London schools arguably the worst parenting is practiced, raising generation after generation of damaged children. The children have been criticised and shouted at so much, that they lack all self confidence and are convinced that “I am just like that”, unable to make any positive changes to their behaviour.
2) Parental Responsibility of the Muslim
يَا أَيُّهَا الَّذِينَ آمَنُوا قُوا أَنْفُسَكُمْ وَأَهْلِيكُمْ نَارًا وَقُودُهَا النَّاسُ وَالْحِجَارَةُ
Allah (swt) commands believing mothers and fathers, “Oh you who believe! Protect yourselves and your families against a fire (Hell) whose fuel is men and stones…” [at-Tahreem 6]
The Messenger of Allah (saw) emphasised the duty of care of a father to his family when he said, “Each of you is a guardian and is responsible for those whom he is in charge of…a man is the guardian of his family and is responsible for those under his care…So each one of you is a guardian and is responsible for what he is entrusted with.”
Parents need to take the lead in ensuring their children are brought up with Islamic values. We cannot complain about their behaviour unless we have questioned how we have discharged our responsibility as parents.
3) Role of Parents
قال رسول الله صلى الله عليه وسلم: رحم الله والدا اعان ولده على بره
The Messenger of Allah (saw) said “Allah have mercy on the parent who helped his son with being devoted to him”
قال رسول الله صلى الله عليه وسلم: كل مولود يولد على الفطرة فأبواه يهوادنه أو ينصرانه أو يمجسانه
The Messenger of Allah (saw) said “Everyone born is born on al-fitrah, his parents make him into a Jew, a Christian or a Magian”
Parents are their child’s first teachers. They have a responsibility to the child, to Allah and to the society. If they are neglectful in this, then the child will adopt the society’s ways and values, and be burden upon it, rather than a positive member of it.
In a Western society, we are keenly aware of its corrupting effect, as are many of the Muslim community. However, this awareness has not stopped many parents underestimating their role, particularly in the early years. Anyone who spends even a short time with children in a state primary school will be shocked at their rudeness, aggressiveness, selfishness and lack of respect – even from the Muslim children. No Muslim could want their child to become like them, hence we send our children to after school madrassahs or Islamic primary schools. However, many children who attend Islamic primary schools also display many of the same bad characteristics, although generally they are less intense.
Upon examination, one observes that the children with the best characteristics live in homes where parents are aware of Islamic values, serious about establishing them and attentive to protecting them from the dangerous influences of the Western culture. It appears, that those children who are worst, live in homes where parents are neglectful in any of these aspects, often expecting the Islamic nature of school’s curriculum to make their children into Islamic personalities. Sadly, such children generally adopt the personalities of their parents and the people they mix with from the Western society.
This is an important topic for us, as parents, as Da’awah carriers and as people looking to build a new Islamic society which embodies the Islamic culture. While we are living without an Islamic state, wherever we are, we must build strong Islamic personalities from an early age that can resist the influences of kufr around them, even work to change it themselves. Even were we to live in an Islamic state, we and the Muslims whom we are attempting to lead, must still pay attention to the early raising of our children, as we should not expect the whole society to embody pure Islamic values from the word go. Corruption can still exist, even in a Khilafah that implements a strict Islamic education policy. If our children are not those positive members of the society from the beginning of their education, it is unlikely that the state’s education will entirely reform them; rather they may well bring weakness into the society as a result of poor parenting.
In the Education system book is written “Among the most important guarantees of preservation of the ummah’s culture is that its culture be memorised in hearts of its children and preserved in books, together with the ummah having a State ruling over it and taking care of its affairs according to the rules and canons emanating from the intellectual doctrine of this culture.”
With regards to the State’s adopted education policy, Article 166 of the constitution states: “The purpose of education is to form the Islamic personality in thought and behaviour. Therefore all subjects in the curriculum must be chosen on this basis.”
The State is not a replacement for good parenting, rather it is an essential aid. Only together can a lasting Islamic society be built, producing outstanding Islamic personalities.
Also, in the Education system it is written “Education is the method to preserve the Ummah’s culture in the hearts of its children and the pages of its books, whether it is the prescribed or non-prescribed education curriculum. The education curriculum means education regulated by State adopted systems and canons, with the State responsible for implementing it e.g. setting the starting age, subjects of study and education method. Whereas non-prescribed education is left to Muslims to teach in homes, mosques, clubs, via media, periodical publications etc without being subjected to the organisation and canons of the education curriculum. In both cases, however, the State is responsible to ensure that the thoughts and knowledge (being taught) either emanate from the Islamic intellectual doctrine or are built upon it.”
– Without the state, even if parents are good at what they do, there are no guarantees, as the society has a corrupting effect… the societies influence is greater than that of the individual.
– The state will make sure the public life is free from anything that can corrupt the children
– The state will assist the parents, not work against them, nor blame them, if they are struggling.
– The state will structure the economy such that mothers can stay at home to be mothers, instead of pressurising them to go to work, as is the case in the West
In our da’wah with parents we need to explain the indispensability of the state and their personal duty in rearing of the children. What follows is a highly summarised look at some of the factors that must be considered by Muslim parents raising young children, whether here in the West, or in the khilafah state.
4) The home environment
There must be agreement between the parents to determine what the good and bad behaviour is. E.g.
1) The father saw that lots of problems with the neighbour’s children is evidence of strength and manliness while the mother believes otherwise.
2) The mother tried to impose on the children a certain pattern of food and drink, the father breaks it.
3) Maybe the father believes that his small daughter playing with boys in the street is shameful and contrary to the customs and traditions, while the mother believes that playing is necessary for the building of her body.
Such differences among parents affect the children negatively and it is injustice to be punished and rewarded for the same conduct. The children suffer as they witness the conflict in their home and they will then tend to be aggressive and quarrelsome. This in turn fuels the tension between parents and the home atmosphere becomes heavy because of the problems that occur. Resentment and hatred between the children of the family will accumulate, especially when each of them insists on his position that he is used to.
When the mother says something and father says something else, the child needs to receive approval from both, and if he tried to break away from one of them to move closer to the other, then he feels loss and disruption due to the distance from one of his parents. The agreement between the parents in the methods of treatment of the child, and how to identify bad behaviour and good behaviour protects the child from developing a dual personality and later tension and anxiety which is wholly unnecessary.
5) Establishing a positive relationship early:
The early development of a child will define much of their character for the future. The family relationship between a child and their mother and father, should start off positively, else it will forever get worse, soon becoming too late to rectify. A poem that is popular among school teachers starts:
If a child lives with criticism, He learns to condemn.
If a child lives with hostility, He learns to fight.
If a child lives with ridicule, He learns to be shy.
If there are unrealistic expectations of a child, then they will be confused. If they are told off when they don’t know why, then they will be confused. The parent becomes a frustrated person as the child appears to play-up more and more. The atmosphere of conflict starts to engulf the whole family. Ultimately the loving and trusting relationship between parent and child is damaged, so the child grows into an adult never fully respecting their parents, and hence may not turn to them when in trouble as an adult.
The rules of behaviour for the children agreed between the mother and father must take into account the child’s age, as what we expect from the child before seven is not what we expect from the child after seven.
A young child does not distinguish between work and play. He does not sense meal times and cannot control his desires if he is excited. The child has an inclination to research and identify the environment, and should be encouraged to do so to the farthest extent, and should not be prevented except in two cases:
1 – If he was about to do something dangerous, or what would upset himself or others
2 – If he was about to damage other people’s property.
In these cases must be stopped immediately and decisively.
The best way to stop dangerous work at the age of less than a year is distracting his attention and drawing his attention to something else or an alternative activity. If he tried to touch something forbidden, to withdraw his hand gently and say something that he’ll understand that this would harm him or others.
However, if the child was in the second year or third year and was about to endanger himself or others, then the parent must bring his attention to this and try to deter him with various means, such as the use of facial expressions and tone of voice. If his behaviour continued, then he is to be taken to another place. In all cases calmness must be maintained with no resort to beating. The best way to deal with it is to exclude him for a short time in a place devoid of anything interesting to him.
خاطب الناس على قدر عقولهم
The Prophet (saw) said: “Address the people according to the capabilities of their minds”
At the beginning of the second year the child is suffering from severe bouts of tantrums. He can not be compelled to carry out exactly what you want, because he does not understand the concept of behavioural rules, so he that must be dealt on this basis. For example, he does not understand his mother saying “be nice to the kitten”. He does not understand the meaning of bad behaviour, acting spontaneously without being aware of the consequences of things.
This situation may last for years, and all the parent has to do is steer the child, who must not be deprived of love and affection at any moment, particularly their mother’s. The love and respect for the parents and particularly the mother to her child is the source from which is derived the love and respect for themselves and others.
Abu Hurairah tells of the following event: The Prophet went to Fatima’s house and called three times: “Where is the naughty one?” calling Hasan. When Hasan came the Prophet opened his arms wide, Hasan opened his and he hugged and kissed him. And then he said “Allah, truly I love this (child). May You love him too and those who love him!”
al-Akra bin Habis saw Prophet Muhammad kiss Hasan and said: “Truly, I have 10 children, but I have never kissed any of them!” Prophet Muhammad replied: “One who does not show mercy cannot be shown mercy.”
Tantrums are natural, and cannot be avoided. The child starts to feel independence, so starts to exercise their freedom, at the same time that the parents want to instil good behaviour, thus resulting in a conflict. He may scream or hit the floor, as he feels that he is the centre of the universe and that his mother is there to satisfy his interests, yet she stops him from some things that he wants, so he turns to crying and screaming.
To reduce the occurrence of such conflict the parent must ask in the best way, very sweetly, always praising when he does what is asked. The child must not be asked to do what he cannot do, nor understand. When the child says “No”, the parent must not react angrily imagining that their child is becoming disobedient, as this is just an automatic response from the child. The parent should instead remain calm, but repeat the request as an instruction. The parent must also choose their battles carefully. Ignore the non-important disobediences, to focus on those that are important, such as refusing to sleep at the proper time, or refusing to go to the bathroom when he needs to. However, maybe choosing what game to play or what clothes to wear may be suitable to allow the child a choice, to encourage compliance. No reward should be given to make him comply after he has refused, as this is rewarding his refusal. If it possible to avoid taking the child to a place that raises the chances of tantrums, then the child should not be taken, for example to the market, if he always has a tantrum there. If a tantrum does occur in a public place, then it must not be met with a violent or angry reaction from the parent, as this will only increase the tantrum. Rather, take the child to a quiet place to comfort and address him calmly to find out what is making him angry.
Any good behaviour or obedience needs plenty of praise and rewards.
Such mechanisms for managing behaviour are not restricted to toddler’s tantrums, but this is the first time that it becomes necessary. Such methods can be used effectively until adolescence. Maintaining calmness achieves far more that Anger. By controlling your anger, only revealing it occasionally, then returning to calmness instantly, allows the child to know that you are in control. Whereas, actually losing control in front of them rewards their bad behaviour, so does not help the situation. It has far more negative consequences than remaining calm does.
The parents should be realistic in their expectations of conduct. It is not reasonable to insist on a long period in a their room, or to be restricted to a high chair, because it is contrary to the nature of his curiosity, so he will be more likely to increase in resistance, stubbornness and frustration. The rules that the child must observe should be as little as possible. Only in situations that pose a threat to the child, harm others or their property, as mentioned previously.
The child should be encouraged to use words to express his feelings, not react angrily or use any other naughtiness. If he is not able to express his feelings, then he should be helped to do so.
Children learn in many ways, including experience, so they must be allowed to do things to the maximum possible extent, with as few restrictions as possible. Only that which endangers his or other’s safety should be prevented. However, parents should check that there is a real danger before preventing the child from an activity. Many parents say to their child, without thinking “don’t run so as not to fall on the ground”, yet there is no real harm or danger. If it had happened on the grass or soft ground they will not get hurt, so it is not correct to stop a child from that.
In the fifth year of the child’s life the child begins to participate in games, which are subject to certain rules, so he begins to understand how the rules benefit himself and others, and so the child of this age wishes to observe the rules of conduct accepted by the adults. This is why it is OK to expand the restrictions on the behaviour of the child, so attempting to address some of the conduct that is reprehensible to a Muslim.
Firstly, the parents should focus mainly on the prevention of falling into the Haram such as the prohibition of lying, theft, assault and abuse of others.
Secondly, training the child to give Salam, praying, cooperating with others and doing homework.
Thirdly, discipline in dealing with others, such that if the child reaches puberty, four values must be achieved in their behaviour: humanitarian, spiritual, moral and material.
Parents should know the developmental stages of children. A young child has a short attention, forgets quickly and loses control of himself easily, so parents should focus on the child’s completion of a task, showing joy and excitement at the child’s ability to control himself, his increasing of his knowledge and his mixing with others. The older he gets, the more attention is given to perfection and achieving.
A young child should not be prevented from a lot of behaviours all at once, as it will confuse the child. Priority should be given to the restrictions that contribute to the safety of the child and others. Next we give priority to the restrictions that prevent them from damaging the property of others. When the child has adopted these characteristics, then we can move to other types of bad behaviour, such as screaming in a public place or throwing food. Then after that teaching of more subtle behaviours, such as cooperation with and respect for others.
Consideration must be given to the child’s daily routine. If the child is tense, then pressure on him should be relaxed. For example, if he is taken out of the house at sleeping time, or before eating food while hungry, the parents should expect the strange behaviour they will see, and not discipline the child for it.
Parents should not expect children to learn the behavioural norms and instructions from one or two incidents, as they have a short memory, so it must be repeated and repeated, so as to prevent him from doing what is forbidden. These are the repeating years, and parents must get used to that fact, being patient with their children, not becoming frustrated with them. It is only shaytan’s whispers that make us sometimes imagine malicious intent when children make mistakes.
قال رسول الله صلى الله عليه وسلم: رحم الله والدا اعان ولده على بره
The Messenger of Allah (saw) said “Allah have mercy on the parent who helped his son with being devoted to him”
Parents must be sure to have consistency when dealing with the child. If the rules are to be changed at all, then the child must be informed, even consulted in the matter. A small child may pull on his mother’s jilbab to attract her attention, but a four year old should be taught to find a better way of doing so, explaining to him the reason for that and suggesting new ways.
Finally, all those who have responsibility to look after the child, whether relatives or neighbours, should be made aware of the child’s behavioural rules. They should be encouraged to be consistent, as discrepancy in the child’s treatment causes confusion in the child such that he cannot distinguish between right and wrong, developing in him a dual-personality.
It should be remembered that parents need to be a role model for the child and an embodiment of the values that the child is expected to adopt.
قال رسول الله صلى الله عليه وسلم: كل مولود يولد على الفطرة فأبواه يهوادنه أو ينصرانه أو يمجسانه
The Messenger of Allah (saw) said “Everyone born is born on al-fitrah, his parents make him into a Jew, a Christian or a Magian”
7) Beating
Debate rages as to whether corporal punishment is right or wrong for a child, however the Shariah position on this matter is the following:
ألا يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللَّطِيفُ الْخَبِيرُ
Allah says “Should not He who has created know? He is the most kind, all aware” [al-Mulk 14]
He is the one who should define for us our values and behaviour, not whether we perceive a benefit or harm using our own minds. In origin, harming other Muslims, whether adult or child is forbidden.
The Prophet (saw) said, “A Muslim is the one who avoids harming Muslims with his tongue and hands.”
Allah knows that humans sometimes need corporal punishment to purify themselves and to help abandon bad behaviour. Therefore, Allah legislated the hudud and Qisas. Also, the same applies to raising children on the good conduct and preventing the bad.
The use of beating was authorised in the hadith of the Prophet (saw):
قال رسول الله صلى الله عليه وسلم: مروا صبيانكم بالصلاة لسبع سنين واضربوهم عليها لعشر سنين وفرقوا بينهم في المضاجع
“Tell your children to perform the prayer when they are seven years of age and beat them if they neglect to do so when they are ten years of age, and separate between them in beds.”
However, this beating is not unrestricted. It has conditions mentioned in the fiqh books.
The hadith established a time period of three years between ordering and encouraging the child to pray and actually hitting them if they left the prayer. Beating is not to be used all the time and for any disobedience, and it must be preceded by the use of styles and means before using beating as a last resort.
Teaching the child to pray should follow the following steps:
1) Teaching the main pillars of the prayer to the child.
2) Praying in front of the child, then asking him to pray to correct his mistakes.
3) Rewarding with praise, sweets, toys or money for a seven year old when he prays.
4) Gradually moving from material rewards to praise when the child is alone and among others
5) Starting with the smallest punishments before moving to the more serious. E.g. start showing displeasure on the face, to telling off, to preventing him from something he enjoys.
6) At nine years, replace the sanctions and rewards with reminders about Allah’s pleasure, jannah and jahannam
7) If he leaves the prayer, then there should be a calm investigation into why, to find a solution. If he persists in neglecting it, then he should be warned of a beating when he is ten.
8) If he is still neglectful at ten, after all of the above attempts, then his beating should be light. The fuqahaa placed the condition that the beating must not leave a mark, and that it should not be on the face or head. The hands and legs are enough, while the chest, back and backside should not be beaten.
The hadith of the Prophet (saw) states: ‘When one of you beats anyone, he should avoid striking the face’9) Also, torturous and vengeful beating must not occur. A severe beating is a type of torture which is not allowed in the shariah.
The educators of the past used to say that resorting to corporal punishment is not allowed unless absolutely necessary, and only then after warnings have been given
Ibn Khaldun wrote in his Muqaddamah: “Cruelty to children leads them to become cowards, escaping from the responsibilities of life.” He also said “A harsh and violent upbringing, whether of pupils, slaves or servants, has as its consequence that violence dominates the soul and prevents the development of the personality. Energy gives way to indolence, and wickedness, deceit, cunning and trickery are developed by fear of physical violence. These tendencies soon become ingrained habits, corrupting the human quality which men acquire through social intercourse and which consists of manliness and the ability to defend oneself and one’s household. Such men become dependent on others for protection; their souls even become too lazy to acquire virtue or moral beauty.”
6) Establishing Islamic Values
Western parents often experience a severe rejection from their children as they become teenagers. Its so common that it is labelled the generation gap, where the traditions and behaviour of the parents is rebelled against in favour of the new. However, this is not a worldwide phenomenon, as it is rarely seen in Muslim countries, except in the most Westernised families. It is important to note that the traditions and morals of Muslims are built upon the Islamic aqeeda, therefore, as the parent adopts them on that basis, then so does the child. Even if the link is not clear from the beginning, it is made by the rest of Muslims in the society. However, if the society became weaker in making the link, then the child is at risk of viewing them as mere parental habits, and reject them in favour of something newer.
When raising children, it is values that we must emphasise, not just behaviours, although the values are manifest in behaviour. The child must be taught to love all that Islam came with.
قال رسول الله صلى الله عليه وسلم لا يؤمن احدكم حتى يكون هواه تبعا لما جئت به
The Prophet (saw) said “none of you will be true believers until his desires follow what I came with”
Parents must remember that they are the exemplification of the values for the child. If their concepts were in one valley and their inclinations were in another, then the child will be a reflection of this contradiction and will develop a non-distinguished personality, confused with the reactions of his parents. Parents, especially dawah carriers, need to be good role models themselves if they are to expect their children to have good Islamic personalities and grow up do be da’awa carriers. If they see a double standard at home then it does not matter how many Islamic schools they are sent to….
The spiritual value is achieved in the behaviour of children by linking them to the Islamic aqeedah from a young age, and teaching them the shariah rules of life.
They should be taught to say duas when eating and drinking and throughout the day. Parents should teach children to love Allah and to love the Prophet by mentioning stories from the seerah. Children should be raised knowing that Allah is present, and all knowing. They should fear him and obey him.
They should be taught some of the Quran in order to be able to perform prayers at the age of seven because the Prophet Muhammad (saw) said “Tell your children to perform the prayer when they are seven years of age and beat them if they neglect to do so when they are ten years of age, and separate between them in beds.”
It is important that parents use ways that are loved by the children to get them used to praying and fasting from a young age. The Sahabah used to encourage their children to get used to fasting, but if they cried, they would give them a toy to play with to distract them from the hunger.
It should be noted here that some parents force their children to follow some shariah rules that they are not required to. The young girl may wear a jilbab, for example, which then gets in the way of running and play. The reason given is so that she gets used to wearing it, but this is ijtihad with the mind. Rather, the hadith of the Prophet makes it clear that hijab is not required except after puberty.
قال رسول الله صلى الله عليه وسلم لاسماء عندما رآها تلبس ملابس غير ساترة وقد بلغت: يا اسماء اذا بلغت المرأة المحيض فلا يجوز ان يظهر منها الا هذا وهذا، واشار الى الوجه والكفين
The Prophet (saw) said to Asmaa’ “When a girl reaches puberty it is not allowed for her to reveal any part of her body except this and this (and he pointed at the face and hands)”.
No text tells parents to enforce hijab on children, as there is for prayer and fasting. Children need sun rays to grow and play to build their bodies and their confidence, yet the hijab prevents all of that, as opposed to fasting and prayer.
The value of humanity is established as Allah created mankind with an instinct to ensure the survival of humankind. Among its manifestations are the love between parents and children. Parent must take care to establish this value within their children, so that they learn empathy with others. Their concern for their children, teaching them and looking after them when unwell, all set the example for their children when they become parents themselves. Allah asked the children to love their parents, know their rights, be good to them and serve them when they become old.
قال رسول الله صلى الله عليه وسلم ” رضى الله في رضى الوالدين، وسخط الله في سخط الوالدين”
The Messenger of Allah (saw) said: “The pleasure of Allah lies in the pleasure of the parents, and the wrath of Allah lies in the wrath of the parents”
Also from the human value is to be good to neighbours, friends and the general public, assisting and helping them.
Children must be brought up from childhood on honesty, truthfulness, integrity, loyalty, and the purification of the tongue from curses, insults and profanity. Doing this establishes in them the moral value. Parents should raise their children to rise above all that degrades and learn how to control the themselves and their feelings be separating between the sensation and direct reaction with thinking.
قال رسول الله صلى الله عليه وسلم: ليس الشديد بالصرعة انما الشديد الذي يملك نفسه عند الغضب
The prophet (saw) said “He is not strong and powerful who throws people down, but he is strong who controls himself from anger.”
قال رسول الله صلى الله عليه وسلم: اربع من كن فيه كان منافقا خالصا، ومن كان فيه خصلة منهن كان فيه خصلة من النفاق حتى يدعها، اذا اؤتمن خان واذا حدث كذب واذا عاهد غدر واذا خاصم فجر
He (saw) said “Four traits whoever possesses them is a total hypocrite and whoever possesses some of them has an element of hypocrisy until he leaves it: the one who when he speaks he lies, when he promises he breaks his promise, when he disputes he transgresses and when he makes an agreement he violates it.”
Parents must pay particular attention to monitoring their child’s respect for other’s property. If the child was not raised on fearing Allah and awareness of His presence, and was not trained to look after trusts and giving people their rights, then he would grow up to steal, betray and be fraudulent.
Stories like the girl who refused to water down the milk and the like are excellent ways to establish such values.
Children should be taught to shun bad language.
قال رسول الله صلى الله عليه وسلم: ليس المؤمن بالطعان ولا اللعان ولا الفاحش ولا البذيء
The Prophet (saw) said “The believer is not a slanderer, nor a curser, nor obscene nor indecent”
They should be taught that insulting others is out of arrogance and that arrogance will deny them Allah’s pleasure and jannah.
Children must be taught that morals and ethics are shariah rules and not adopted due to any inherent good or bad in them. In order to form an ideological basis they must be taught to shun the ethics of expediency as it is in the West, dealing with different morals for themselves and for others.
فقال رسول الله صلى الله عليه وسلم: اكمل المؤمنين ايمانا احسنهم خلقا
The Prophet (saw) said “The most complete believer in his iman is the best of them in his morality”
In Surah Luqman, Luqman (ra) preached to his son in a way that influenced what was inside of him. Such influence comes from linking the thought to an instinct or biological need. In his advice he establishes all four values which are necessary for a person to grow up with a balanced Islamic personality.
The first advice Luqman gave to his son was to warn against shirk, and considering it zulm.
وَإِذْ قَالَ لُقْمَانُ لِابْنِهِ وَهُوَ يَعِظُهُ يَا بُنَيَّ لَا تُشْرِكْ بِاللَّهِ ۖ إِنَّ الشِّرْكَ لَظُلْمٌ عَظِيمٌ
And (remember) when Luqmân said to his son when he was advising him: “O my son! Join not in worship others with Allah. Verily joining others in worship with Allah is a great Zûlm (wrong) indeed.
Zulm threatens the survival instinct as it takes the zalim to the fire. If a person knew that shirk is dangerous to their eternal afterlife, then he leaves it and believes in his Lord. This way Luqman achieved building a spiritual value.
He also warned him to be good to his parents, by reminding him that they carried him in his weakness to incite in him an affection for his parents. This way Luqman achieved building a humanitarian value.
وَوَصَّيْنَا الْإِنْسَانَ بِوَالِدَيْهِ حَمَلَتْهُ أُمُّهُ وَهْنًا عَلَىٰ وَهْنٍ وَفِصَالُهُ فِي عَامَيْنِ أَنِ اشْكُرْ لِي وَلِوَالِدَيْكَ إِلَيَّ الْمَصِيرُ
وَإِنْ جَاهَدَاكَ عَلَىٰ أَنْ تُشْرِكَ بِي مَا لَيْسَ لَكَ بِهِ عِلْمٌ فَلَا تُطِعْهُمَا ۖ وَصَاحِبْهُمَا فِي الدُّنْيَا مَعْرُوفًا ۖ وَاتَّبِعْ سَبِيلَ مَنْ أَنَابَ إِلَيَّ ۚ ثُمَّ إِلَيَّ مَرْجِعُكُمْ فَأُنَبِّئُكُمْ بِمَا كُنْتُمْ تَعْمَلُونَAnd We have enjoined on man (to be dutiful and good) to his parents. His mother bore him in weakness and hardship upon weakness and hardship, and his weaning is in two years – give thanks to Me and to your parents. Unto Me is the final destination. But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly, and follow the path of him who turns to Me in repentance and in obedience. Then to Me will be your return, and I shall tell you what you used to do.
Here he warned his son to give thanks to Allah and his parents. Being grateful means obedience. He linked all that to the procreation instinct, just as he made that same instinct in his parents, so they hurried to care for him. The exception to obeying his parents, is if they tried to force him to commit shirk. In this situation he must give priority to the spiritual instinct over the procreation one, yet even so, he should still treat them well in this life.
He also encouraged his son to bond with the believers who follow Allah’s way. Hence, the basis of bonds is the Islamic aqeedah.
Luqman also gave attention to his son’s beliefs, so told him that he will return to Allah, who nothing escapes him, however small. Allah has unlimited capability.
يَا بُنَيَّ إِنَّهَا إِنْ تَكُ مِثْقَالَ حَبَّةٍ مِنْ خَرْدَلٍ فَتَكُنْ فِي صَخْرَةٍ أَوْ فِي السَّمَاوَاتِ أَوْ فِي الْأَرْضِ يَأْتِ بِهَا اللَّهُ ۚ إِنَّ اللَّهَ لَطِيفٌ خَبِيرٌ
“O my son! If it be (anything) equal to the weight of a grain of mustard seed, and though it be in a rock, or in the heavens or in the earth, Allah will bring it forth. Verily, Allah is Subtle, Well-Aware.
He also told him to establish prayer as it is the pillar of the deen, establishing the spiritual value.
يَا بُنَيَّ أَقِمِ الصَّلَاةَ وَأْمُرْ بِالْمَعْرُوفِ وَانْهَ عَنِ الْمُنْكَرِ وَاصْبِرْ عَلَىٰ مَا أَصَابَكَ ۖ إِنَّ ذَٰلِكَ مِنْ عَزْمِ الْأُمُورِ
“O my son! perform prayer, enjoin (on people) Al-Ma’rûf , and forbid from Al-Munkar, and bear with patience whatever befalls you. Verily, these are some of the important commandments.
In his advising him to enjoin good and forbid evil, and having sabr with what comes to him as a result of doing his Fard, he is preparing his son and strengthening his resolve. He is thus establishing a moral and a spiritual value.
Finally, he warned his son against having bad manners with people, as these are shariah rules, hence he achieved building a moral value.
وَلَا تُصَعِّرْ خَدَّكَ لِلنَّاسِ وَلَا تَمْشِ فِي الْأَرْضِ مَرَحًا ۖ إِنَّ اللَّهَ لَا يُحِبُّ كُلَّ مُخْتَالٍ فَخُورٍ
وَاقْصِدْ فِي مَشْيِكَ وَاغْضُضْ مِنْ صَوْتِكَ ۚ إِنَّ أَنْكَرَ الْأَصْوَاتِ لَصَوْتُ الْحَمِيرِ“And turn not your face away from men with pride, nor walk in insolence through the earth. Verily, Allah likes not any arrogant boaster. And show no arrogance in your walking, and lower your voice. Verily, the harshest of all voices is the braying of the ass.”
Children pick up these values from a variety of sources, according to the following stages:
1) During the first seven years the source of the values is the family, as was explained by the Prophet (saw)
قال رسول الله صلى الله عليه وسلم: كل مولود يولد على الفطرة فأبواه يهوادنه أو ينصرانه أو يمجسانه
The Messenger of Allah (saw) said “Everyone born is born on al-fitrah, his parents make him into a Jew, a Christian or a Magian”
During these years, the family has a great impact on the child, so if we did our job well then we give the society a good person, but if we are neglectful in any aspect, then we burden the society with another corrupted personality.
It is necessary during this stage that the child is brought up with a lot of positive comments, and no negativity. The child should not hear from the father “you are lazy”, “you are disorganised”, “you don’t understand”. If there is a need to condemn a behaviour, then it is only the action that should be blamed, not the child. “That was a bad action”, not “you are bad”. Child psychologists have observed that a child hears “no” nearly 150,000 times during our youth, but positive messages often do not reach 500.
2) During the ages 7 to 14, more of the values are taken from the school and friends, hence the parents must remain constantly aware of the thoughts that their children are adopting from outside, challenging every dangerous idea or inclination. This may even include using the teachers and friends to help them address any matter that may need changing. Naturally during this stage, a boy will start to want more independence from the mother and the father will be a particularly important role model for him. It is essential that the parents do not see that their role has ended at this stage, now that the school takes over. Rather, they must continue all of their efforts to establish their child’s values on an Islamic basis. This is the stage for training and discipline and establishing prayer, fasting and making firm the aqeedah.
If they were at all neglectful in that, then they have become sinful
قال رسول الله صلى الله عليه وسلم: ” كلكم راع وكلكم مسؤول عن رعيته والمرأة راعية في بيت زوجها وهي مسؤولة عن رعيتها…
The Messenger of Allah (saw) said “Each of you is a guardian and is responsible for those whom he is in charge of…a man is the guardian of his family and is responsible for those under his care…”
ويقول علي رضي الله عنه: لاعب ابنك سبعا وادبه سبعا وصاحبه سبعا ثم اتركه بعد ذلك
Ali (ra) said “Play with you children for seven (years), discipline him for seven (years), and be his companion for seven (years), then leave him after that”
So the first seven years are where the child learns the values through playing, the next seven are where he learns the values, concepts and beliefs through teaching and discipline.
3) The last stage, from 14 to 21, is where they take their values mostly from the society. Sadly, many youth spend hours in front of the television, so end up adopting the values of their favourite actors or musicians. During this period, young adolescent male wants to be in the company of men. He desperately needs male role models to look up to, so parents must make sure that they influence his choice of companion, such that they are a positive influence and the father remains relevant in his son’s life.
These are some of the important matters that the father and mother should have discussion about and agreement on, in order to do justice to their child. Whenever possible, parents should encourage children to participate in making rules because it helps the child to obey his parents and encourages him not to resist.
In a narration that epitomises the duty of a father to his child. a man once came to ‘Umar ibn Al-Khattab (ra), the second Khalifah of Islam, complaining of his sons’ disobedience to him. ‘Umar summoned the boy and spoke of his disobedience to his father and his neglect of his rights. The boy replied:
“O Amir al-Mu’minin! Hasn’t a child rights over his father?”
“Certainly”, replied ‘Umar.
“What are they, Amir al-Mu’minin?”
“That he should choose his mother, give him a good name and teach him the Book (the Qur’an).”
“O Amir al-Mu’minin! My father did nothing of this. My mother was a Magian (fire worshipper). He gave me the name of Ju’alaan (meaning dung beetle or scarab) and he did not teach me a single letter of the Qur’an.”
Turning to the father, ‘Umar said:
“You have come to me to complain about the disobedience of your son. You have failed in your duty to him before he has failed in his duty to you; you have done wrong to him before he has wronged you.”7. Conclusion
The tarbiyah and upbringing of children is the duty and concern of every Muslim, not least the one who carries da’wah. This is a natural subject for the da’wah carrier, as the ummah feels for the plight of their children. We need to highlight the role of the state, the need to work for it, but not leave it there. We must give guidance on how to practically bring up kids in the West such that the new generation hold onto their Islamic identity. The West realises that many of the current youth are been lost to Islam and what they call extremism, hence they are focusing on corrupting our children at even younger ages in schools and mosques. The ummah needs to realise that the struggle to save our kids and the struggle for khilafah are interlinked, just as the West itself sees them as interlinked. We should not look at this subject solely from an individual perspective; rather this is a practical subject for ourselves and for our da’awah.
If we do well in raising our children, then we have produced distinguished Islamic personalities, applying Islam and carrying it to the world to gain the honour in this life and return as we were, the leading ummah in the world. We do not raise our children for the dunya alone, but to prepare them for the next life that contains their eternal abode and happiness. Just as we are careful to ensure our children’s happy future in the dunya, we must be more careful to divert them from the hellfire to the happiness of the next life.
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Manifesto for the Revolution of Al-Sham
Hizb ut-Tahrir’s Manifesto for the Revolution of Al-Sham
This statement was delivered by Engineer Hisham Al-Baba, Head of the Media Office of Hizb ut-Tahrir, Wilaya of Syria – at a press conference held at Hizb ut-Tahrir’s offices in Tripoli – Lebanon on Thursday 28th Ramadan 1433[16/08/2012].
The revolutions of the so-called ‘Arab Spring’ broke out in order to change rulers and regimes. From the outset, their main demand was clear and unambiguous. It was that which we heard in the chant: ‘The people want to overthrow the regime.’
What happened in the revolutions of Tunisia, Egypt, Libya and Yemen is that a ruler was either ejected from his post or killed. Yet the ruling system continued on the same design since colonial times: democratic, civil and secular – similar to the ruling systems in the West. All that has changed are some faces and some forms of nomination, appointment or election.
So the joy that came with those blessed revolutions vanished when these revolutions derailed and accepted the Western prescription of civil democracy given to them (or rather allowed for them) – until the revolution of Al-Sham tipped the scales and introduced different ideas into the language of the ‘Arab Spring’.
The revolution of Al-Sham did not accept the insertion of poison into honey. It refused secularism, democracy and the slogan of the civil state.
It refused to be satisfied with a mere change of face – asking, with astonishment: Isn’t Bashar secular?! Aren’t his regime and the constitution of his government civil?! Haven’t we witnessed the Western capitalist democratic system itself failing as a global system?! Why should we rewrite failed experiments to return our country back to its whirlpool, while the constitution decreed to us by the Lord of the worlds is in our hands?!
The revolution of Al-Sham confirmed its Islamic identity when its people declared: It is for the sake of Allah and counted their suffering as sacrifice in anticipation of Allah’s سبحانه وتعالى reward; when its women followed the example of Khansaa, one after another; when the banners of al-Uqab were raised; and when the calls demanding Khilafah started to resound. Thus, this revolution was not typical.
The international powers observed the peculiarity of this blessed Syrian Revolution. This angered America (the sponsor of Bashar and his regime), who in turn joined the Syrian regime in its crimes: providing him with deadlines, holding conferences, announcing initiatives, sending Arab and international observer missions. They also instructed their open and hidden agents to support the criminal Syrian regime, paying no heed to the waterfalls of blood abundantly flowing in Syria. The conspiracy of the international community against the people of Syria reached to the extent of offering Bashar the chance of resignation in return for securing a safe exit for him and his family, after all the crimes he committed. This is the level at which they are now dealing with the Syrian revolution.
We in Hizb ut-Tahrir firmly believe that this revolution is worth more than to fall into the swamps of secularism and the heresy of a civil state; nor should it exchange the better for the worse – i.e. take Western democracy and leave the Book of Allah and the Sunnah of His Messenger صلى الله عليه وسلم. We want it to proceed to establish the law (shar’) of its Lord – a rightly-guided Khilafah on the model of prophethood – so fulfilling two of the Bisharat (good news) of the Prophet Muhammad صلى الله عليه وسلم about the last days: One for all Muslims, which is his صلى الله عليه وسلم saying:
ثمّ تكونُ خلافةٌ على منهاجِ النبوّة
“Then it would be Khilafah on the model of prophethood.” [Musnad Ahmed]
and the other is for the people of Al-Sham in particular, which is his صلى الله عليه وسلم saying:
ألا إن عقرَ دارِ الإسلامِ بالشام
“Be aware, the centre abode of Islam is in Sham.”
[Narrated by Al-Tabarani, in ‘Al-Kabeer,’ on the authority of Salamah b. Nufayl]In this revolution we see signs that encourage that.
We present this document included within it: Hizb ut-Tahrir’s manifesto for the political system, for which it calls to be applied after the removal of the regime in Syria; and a road map to reach this goal. We are very keen that this revolution be safeguarded from being hijacked by the colonial powers and from being usurped by opportunists who orbit in the sphere of the West, carrying the West’s viewpoint for resolving the crisis.
The manifesto of Hizb ut-Tahrir for the ruling system in Syria is founded on the following tenets:
• The Islamic ‘Aqeedah (doctrine) should be the basis of the State and the basis of the constitution. The Qur’an and Sunnah, together with what they referred to – namely Ijmaa’ us-Sahaba (the consensus of the companions) and the Qiyas (divine analogy) should be the source of all of its articles. Thus, the Islamic Shari’ah (divine law) would become the system of life, the society and the State.
• The form of the ruling system in Islam is the system of Khilafah, which is fundamentally different from the forms of ruling systems in place today. So, it is not royal, imperial, republican, dictatorial or federal.
• Its State is neither religious theocratic, civil nor democratic. It is rather a human state, where sovereignty in it is for Shar’, where it applies the provisions of Islam, while the sultan (authority) is for the Ummah (nation).
• The security (aman) of Dar al-Islam, which we seek to establish is realized by security provided by the Muslims only; which requires preventing any foreign interference in our country, in compliance with the verse:
وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًا
“Allah will not allow the disbelievers to have a way ‘authority’ over the believers.” [An-Nisaa, 4:141]
Foreign intervention in Muslim countries is one of the great sins that take the country and people away from ruling with Islam and from living under its shade.
• The system in the Khilafah State is humane – that revives man as a human being, regardless of race, religion or colour. It addresses its problems – as a human being – with the best and most just provisions known on the face of the earth; because they are from Al-Hakeem (Most Wise), Al-Khabeer (Well Acquainted).
• The bond that links the citizens of the State is their citizenship. So, all of those who hold the citizenship of the Islamic State (Muslims and non-Muslims) have the full right to enjoy guardianship. The State is not allowed to exercise any discrimination between the citizens in terms of governance, justice or managing the affairs.
• The articles of the Constitution of the Islamic State are divine provisions, which the State is obliged to apply; and all citizens must obey them. The Muslims obey them as orders and prohibitions from Allah, His Messenger صلى الله عليه وسلم and the ruler. Whilst non-Muslims obey them as laws of the state that look after their own affairs and preserve their lives and rights, the same like Muslims. This is in line with the divine principle that states: “They have the same fairness enjoyed by Muslims; and they are also accountable like Muslims.”
• Non-Muslims are left to practice the provisions of their own beliefs, worship, food-stuffs and clothing – beside matters of marriage and divorce, according to their religions, within the general law. They rejoice under the State and enjoy its fruits as citizens like Muslims. Among the most prominent examples of this are the provisions of public ownership and the distribution of the products of its enormous wealth to all its citizens equally.
• There is no distinction in the Islamic State in terms of looking after the affairs of the Muslims and non-Muslims; it also deals equally with all races and peoples; so it does not distinguish between the Kurds, Arabs and Turkmen, etc. It rather abides by the verse:
إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ
“The best among you in the sight of Allah is the most pious of you.” [Al-Hujraat, 49:13]
The State considers any call to racial, tribal or national bonds as tribal and jahili that splits the nation (Ummah) and the State; besides it is a great evil. The hand of the West – who have pursued (and still pursue) an agenda to split the Ummah, weaken it and make her allegiance to it, rather than to Allah, His Messenger and the believers – must be severed.
• Islam ensures, through its economic policies the satisfaction of the basic needs of food, clothing and housing for each of the State’s citizens, and it enables him or her to satisfy luxuries (beyond the basic needs) as much as he or she could. It also ensures for the whole Ummah security, education, medication and the various basic needs of the community. Its injunctions explain the means of ownership, the means of investment and the manner of expenditure. They show the types of properties: namely individual/personal property; the state and the publicly owned property, such as oil and minerals wealth, which would enable all members of the Ummah to enjoy them. They show rules relating to land, such that not an inch of land is left uncultivated. They have made gold and silver the basis of currency, so securing a stable exchange rate for the currency that is reflected in stable commodity prices. They have set up rules for currency Exchange that prevent the Islamic State from falling into crises similar to that which have occurred in the capitalist financial system. They have identified the terms of internal trade between individuals, which does not need pursuance from the state; and the provisions of Foreign Trade, which is made under the State’s supervision. They allow the establishment of companies, according to the divine rules, and prevented them from monopoly. They prohibit usury, selling of debt, selling that which is not owned yet, and fraud. Overall, this policy has taken into account the targeted model of society, which would live peacefully and happily within an order of Halal and Haram. They work for the distribution of wealth amongst the members of the State, individually; and made the property as servant for man, rather than making man a slave to it.
• The external relations of the State with other states are established in accordance with the provisions of Islam, by carrying the call to them and undertaking jihad for the sake of Allah (fee sabeelillah). The State is committed to the divine injunctions regarding upholding of conventions, peace treaties, ceasefire armistices and diplomatic representation.
In regards to the road map through which we hope to realize the Khilafah State after the overthrow of the regime:
It is based, in its general framework, on the method of the Prophet peace be upon him in change; and it can be summarized as follows:
• Muslims in Syria, in general, make known that they want to overthrow the regime and return back to the rule of Allah by establishing the Khilafah in compliance with the example achieved by the Messenger of Allah صلى الله عليه وسلم where he generated a public opinion for Islam in Madinah, a little before the establishment of the first Islamic State. This aspect has now been achieved in the Islamic Ummah a long time ago. And it has become, in the era of ‘the Arab Spring’, clearer than ever, by the Grace of Allah, The Almighty – especially amongst the people of Syria who started to declare day and night the slogan of the Islamic State. The West no longer hides its apprehension and worry that Islam is the heir to the era of the criminal seculars in Syria. However, it remains a duty upon the leaders of opinion and thought who hold Islamic thought, to speed their strides for crystallizing and clarifying the Islamic system amongst themselves and amongst public opinion, so that none are deceived by movements who raise Islamic slogans but they embrace a secular project under the name of the civil state.
• The believers from amongst the people of power (the influential) amongst the officers of the regular army, the dissidents from it and the armed groups, which include the purest of Muslims, have to work for establishing the Islamic Khilafah. They have to work together to prevent the West, its agents and its tools from the local secular politicians, from even approaching authority and decision-making. They have to choose for positions of authority those from the people who are fit for it, who hold the Islamic political project, understand it precisely and in whom there is great hope in their ability to apply it properly, away from allying themselves to opponents, namely the secularists and their masters in the West.
This is what we have started to see, by the Grace of Allah, in the field of people of power who have declared that they want to rule by Islam. We thank Allah that this Ummah has become rich with people of governance, politics, management, judiciary and economy. So preparing for this great duty all means required for its achievement – in terms of an Islamic draft constitution, an ability to apply Islam properly, in order to attain the highest levels of life for the citizens of the Khilafah State – both Muslims and non-Muslims; and the ability to lead the Muslims intellectually for spreading Islam in the world; and political experience that enables them to engage in the international struggle on an ideological basis rather than a colonial utilitarian basis, and to make the Islamic State the leading state in the world.
We, in Hizb ut-Tahrir announce through this conference that we work with the sincere people of this revolution, and we provide all that we have of potential, capability and competence to achieve all the elements of this plan, whose execution and success are feasible; and can bring, most importantly, the true change and the great pleasure of Allah, the Almighty.
The squares of revolution have overflowed with the uqab flags and the banners of Islam. The throats of the demonstrators raised the call of takbeer and chanted: “We want Syria an Islamic Khilafah” and “The people want Khilafah again.” Our members exist in the depth of the revolution; and the Media Office of Hizb ut-Tahrir, Wilaya of Syria, is one of the channels open for communication and interaction with the revolution. The party, in general, and its branch in Syria, in particular, has pursued the revolution since its inception, day-by-day, even moment-by-moment. So, it issued successive statements and bulletins in parallel with the events of the revolution, to strengthen the rebels, lift their determination and spread awareness among them about the conspiracies plotted against them, reminding them always of the need to link their revolution with a sublime objective, which the opportunists cannot reach.
And we put in the hands of the media people and journalists a dossier, the majority of which has been so far compiled.
– Hizb ut-Tahrir works to contact the various military forces to organize them in one unified work that can destroy this regime from its roots and establish the Islamic rule; hoping this will be soon.
– The Hizb has prepared itself for this great task; it has been its main preoccupation for more than half-a-century, not only in Syria, but in different Muslim countries, indeed the whole world. It gained through this period all the elements of successful leadership that enables it to reach with the Ummah to achieve the duty towards Allah in the establishment of His rule and spreading of His message. Therefore, the efforts of its members came together in the whole world in support and help of the rebels – from Indonesia to the Maghreb through Al-Quds; and in Western capitals from Europe to Australia and America. All of them have stood – and still stand – responding to the call of the duty of support to and in defense of the rebels of Al-Sham, calling upon Muslim armies parked in their barracks to move in the name of Allah and with the blessing of Allah, for the help of the oppressed Muslims in Syria. The people of revolution were delighted with the calls of our members in the Al-Aqsa Masjid, where the heroic stances moved from Al-Quds to all parts of Palestine, the captive, and swept over the Arab world, particularly in Lebanon, and more specifically in the posts of troops (Ribat) and Jihad, Tripoli of al-Sham, which hosted this conference. We do not also forget the stances of our members in Jordan, despite the restrictions, the blockade and prevention.
Their cries were not less than the cries of their brothers in the various parts of the blessed land of Sham.
– It is worth mentioning in this paper that “Hizb ut-Tahrir” was founded in response to the command of Allah, The Almighty in the verse:
وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ ۚ وَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ
“And let arise from amongst you ‘ummatun’ a group (at least one) – who invite to goodness; and enjoin the right and forbid the evil; and indeed those are the successful.” [Al-Imran, 3:104]
and for the resumption of Islamic way of life through the re-establishment of the rightly guided Khilafah, in pursuance of the divine principle, “Whatever a duty cannot be performed is itself a duty”.
This party has prepared its members to become statesmen. It does not carry the concept of a ruling party. Rather, once the Khilafah is established through the legitimate method, and the Khaleefah was from it, he would not be the Khaleefah of the party, but the Khaleefah of the Muslims, where he looks after their affairs with justice, in word and deed. Then, once the post of Khaleefah became vacant after that, the Ummah would choose “a man from amongst the candidates, who possesses the legitimate conditions”, where the Ummah would give him pledge of allegiance to listen and obey, as a Khaleefah of the Muslims, rather than of any party. Hizb ut-Tahrir, whether its candidate or any other candidate of the Ummah reached to the Khilafah post, would continue to watch together with the Ummah the progress of governance and the State, by advising, suggesting, criticizing and accounting, in pursuance of the command of Allah, The Almighty in the above mentioned verse.
We ask Allah, the Almighty to grant these efforts with near success, an immediate victory, and a great joy by the establishment of the Khilafah; and this is not difficult for Him, and it is not slight for the majestic steadfast revolution of Al-Sham. Allah, the Almighty says:
وَنُرِيدُ أَنْ نَمُنَّ عَلَى الَّذِينَ اسْتُضْعِفُوا فِي الْأَرْضِ وَنَجْعَلَهُمْ أَئِمَّةً وَنَجْعَلَهُمُ الْوَارِثِينَ
“And we want to be gracious to those who were oppressed in the land, and make them leaders, and make them inheritors.” [Al-Qasas, 28:5]
Praise be to Allah, the Lord of the Worlds.
Engineer: Hisham Al-Baba
Head of the Media Office of Hizb ut-Tahrir – Wilaya of Syria28 Ramadan 1433 / 16/08/2012
No: SY-MO1-160812 -
Q&A: Is it permitted to use Astronomical Calculations to determine the start of Ramadan?
Question:
Moon-sighting at the beginning of the lunar months is raised every year in our Islamic community in Ramadan. What is our position to those who say using the astronomical calculations is an alternative to sighting to prove the start of Ramadan? Is it only an outweigh opinion or rejected, which is batil (invalid)? In other words, can this evidence (shub’hat daleel) be understood in any other manner or not? And if it is a rejected opinion- as I understand- what is the Islamic judgement (Hukm) for their fast for those who follow this opinion? For your information there are many here in Australia and in other western countries and they are increasing.
And another issue, if it becomes clear to the fasting person that he made a mistake in sighting the moon, what shall he do? Is that not something of severity? And some who discussed this say that the fast based on the sighting of the hilal (crescent) is not practical, simply they attempt to sight the moon but cannot sight it, or they disagree in its sighting which causes a problem! What is the opinion on this issue? Today’s calculation precisely determines the new moon; it then determines the sight possibility even if it not seen, so why not depend on calculations, since it makes the issue easier in the same manner we calculate prayer times.
Answer:
The fasting in Ramadan is dependent on the sighting of the moon according to the evidence related to it including:
«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ»
“Fast at its sighting and break your fast at its sighting, and if it vanishes from your vision, then complete the period of Shaaban 30 days.”
In regards to those who deem astronomical or lunar calculations as evidence and depend upon it, it is rejected and does not apply to the issue. Commonly referring to the following two:
First: The Prophet صلى الله عليه وسلم said:
«إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا»
“We are an illiterate nation; we neither write, nor know accounts. The month is like this and this.” (Al Bukhari)
and this Hadith:
«إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا»
“We are an illiterate nation; we neither write, nor know accounts. The month is like this and this.” (Al Bukhari)
Although it contains the concept of illiteracy as noted by the word “illiterate” with some people understanding that as if it is an illah that since today’s Ummah is literate then we are able to use calculation to determine the moon sighting for Ramadan. However this NOT the case as it is known in Usool principles since this description is suspended, because of the description (illiteracy) is often taken out of context, since the majority of the Arabs were illiterate at the Prophet’s صلى الله عليه وسلم time, in addition to this understanding is suspended by a text which is this Hadith:
فإن غُمَّ عليكم فأكملوا العدّة ثلاثين البخاري
“and if it is hidden by clouds then complete thirty (days)”
And did not mention any conditions or restrictions that if sighting is not possible due to clouds, rain or any other reason preventing its sighting, thus the Hukm (Islamic ruling) determined the completion of a thirty-day month, even if the crescent exists although covered by clouds. Therefore one has to act according to the wording of the Hadith and not based on understanding the Hadith.
This is the reality of the conditions of acting according to the understanding in more than one case, it becomes suspended if it is taken out of context, or if a text suspended like:
وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ
“Do not kill your children out of fear of being poor.” (Al-Israa, 17:31)
so “out of fear of being poor” describes the concept that is fear of poverty, that was in general a description for the Arabs, who used to kill children from fear of poverty, therefore that understanding is suspended with the text,
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ
“As for anyone who kills a believer deliberately, his repayment is Hell” (An-Nisaa, 4:93)
Therefore the understanding here will be suspended, it is not said that the Haram is when you kill your children fear of poverty while Halal during wealth! Rather it is Haram in both cases, whether in poverty or wealth, as stated in the following ayah:
لَا تَأْكُلُوا الرِّبَا أَضْعَافًا مُضَاعَفَةً
“Do not consume usury, doubled and multiplied” (Al-Imran, 3:130)
thus ‘doubled and multiplied’ are a described concept, therefore the understanding is derived from the concept, who used to deal with riba (interest) doubled and multiplied, and that understanding was suspended by this text:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
“But Allah has permitted trade and He has forbidden usury.” (Al-Baqara, 2:275)
Therefore this understanding is suspended. It does not refer to the high interest as haram or the least amount that is permissible, rather all amounts of ribaa are haram due to the concept ‘doubled and multiplied’ is suspended as we stated.
So the concept of ‘illiterate’ is suspended as we explained; therefore if one was unable to sight the moon due to clouds or rain, then it becomes obligatory to complete 30 days of the month, whether or not we know how to calculate.
Secondly: Their statements regarding prayer times depend on calculation, therefore the time of fasting depends on calculation… and the answer to that:
Researchers (or anyone who follows the texts) can find that the evidences differ for fasting from those that are related to prayer, since fasting and breaking the fast is linked to this moonsighting:
مَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ
“So whoever sights (the new moon of) the month, let him fast it”
صوموا لرؤيته وأفطروا لرؤيته
“Begin and end fasting when you sight the crescent”
so the sighting is the Hukm.
However, the texts concerning Salah are linked to verifying the time.
أقم الصلاة لدلوك الشمس
“Establish salat from the time the sun declines” (Al-Israa, 17:78)
إذا زالت الشمس فصلَّوا
“If the sun remains then pray”
Thus the Salah depends on verifying the time, by any means to ensure the prayer time. So if you looked to the sun to see the time of the meridian/disappearance or if you looked to the shadow, then you will see the shadow of everything being the same or doubled in size, as it came in the Ahadith regarding prayer times. If you did this and verified, then your Salah is valid; and if you did not do that, but calculated it astronomically and learned the time of the meridian is at such and such time, and looked to your clock without going to see the sun or the shadow, then the Salah is valid. That is to verify the time using any means, why? Because Allah سبحانه وتعالى ordered you to pray when the time enters, it was left it up to you how to verify when it entered without specifying the manner of verification. As for fasting, He سبحانه وتعالى ordered you to fast by the sighting and specified for you the cause. Furthermore He سبحانه وتعالى said that if the clouds blocked your vision and you could not see, you should not fast even if the crescent existed behind the clouds and you were certain of its presence based on astronomical calculations.
This is our opinion on this issue. Thus the astronomical calculations are not permissible in designating the fast or its breaking of the fast for Ramadan, but rather the Shariah sighting.
-As for the fast of those who use astronomical calculations, if they fasted the days of Ramadan according to the sighting, then their fasting is valid. And if they missed a day of Ramadan according to the sighting, then they are responsible for it and must fast the day (as make up for the missing day).
This is what we are convinced of and we make it clear to people, and we do not use a stick to force people to follow our opinion, we clarify this using good means and proper wisdom to conclude this topic. So we do not make this issue grounds for conflict; instead we draw the straight line next to the crooked line, and Allah سبحانه وتعالى is the Guide to the straight path.
-Regarding the claim that sighting makes the issue difficult, then if a person fasts the month and then another person tells him that it is Eid… Likewise if he was not fasting on the first day of Ramadan and another person came to him and said the new moon was seen so it is Ramadan and in this manner, the issue became difficult for him.
And the answer to this is that the issue is easier than this, so if the Muslim fasts and breaks the fast according to the knowledge of the vision after he investigated it. So if he fasts and breaks his fast based on the non-sighting of the Crescent at his place, and then another person with more knowledge came and said the new moon was sighted, then he has to follow him which is clear from the Hadith of the Messenger of Allah صلى الله عليه وسلم. It was narrated by a group from Al-Ansar:
«غُمَّ علينا هلال شوّال فأصبحنا صياماً، فجاء ركب من آخر النهار فشهدوا عند النبي صلى الله عليه وسلم أنهم رأوا الهلال بالأمس، فأمرهم رسول الله صلى الله عليه وسلم أن يفطروا ثُمَّ يخرجوا لعيدهم من الغد»
“The moon of Shawwal was hidden by the clouds so we woke up fasting, then at the end of the day there came riders they testified in front of the Prophet صلى الله عليه وسلم that they saw the crescent the day before, the Prophet صلى الله عليه وسلم ordered them to break their fast and then celebrate Eid the next day.” (Ahmad)
In the past, it was difficult to receive news of the moon-sighting from one region to another, as it occurred with the Prophet صلى الله عليه وسلم when he was informed by a delegation arriving to Madinah during the day in which the Prophet صلى الله عليه وسلم and the Muslims were fasting because they did not see the crescent. Therefore, when the delegation informed the Messenger صلى الله عليه وسلم of the sighting of the crescent, the Messenger صلى الله عليه وسلم ordered the Muslims to break their fast, and that day was the last day of Ramadan. So the Messenger fasted the complete period because he صلى الله عليه وسلم was unable to sight the new moon in Madinah. So when the news of the sighting in another area reached them, he ordered to break the fast, because this was a day in Shawwal. In other words: Eid, and not a completion of the period of Ramadan.
This issue is not complicated. In every area – sighting is possible, and if they do not see the new moon and they do not receive reliable information of the sighting from another area, then they have to fast or break their fast. And if they receive news of the new moon sighting, they have to follow it, because the Hadith is a speech is for everyone (صوموا لرؤيته..). “fast at its sighting…”
Regarding your statement: They claim “it is not practical”; so why is it not practical?
If the people of Australia try to sight the new moon of Shawwal but do not see it, and they do not receive news of its sighting from another area, then they have to fast. If they receive news of the new moon sighting during the day, then they have to break the fast, because this is the day of Eid, as the Messenger of Allah صلى الله عليه وسلم did… And so forth.
Today, news arrives easily and without trouble… and therefore the issue of it being unpractical is not an argument for the Muslim, who wants to achieve correctness (al-Haqq) in his worship.
– As for determining the new moon using calculation, this is correct, whereas determining the possibility of the sighting, this is incorrect, because astronomers differ in determining the time period which it takes the new moon to become visible after sunset. Thereby in actuality, we do not fast or break the fast according to the new moon, but to its sighting, as the Messenger of Allah صلى الله عليه وسلم ordered us to do.
«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ»
“Fast on its sighting and break the fast on its sighting, if its covered to you then complete the period of Shaaban with 30 days.”
It is possible that the new moon of Ramadan is present but the clouds cover it and you are unable to see it, so we complete the period according to the text of Hadith, thus the time of fasting is by the sighting as defined in the evidences, if the time of the fasting like the time of Salah was without the condition by sighting then the determination of the time using calculation will be correct. However, the evidences for fasting are dependant on the sighting, and the evidence for Salah came for verifying the time without the requirement of sighting:
«إذا زالت الشمس فصلَّوا…»
“if the sun sets then pray…”
as we explained above.
20th Ramadan 1433 AH
8/8/2012 CE
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Values of Ramadan – Talk by Sheikh Abu Talha
*Very informative* talk by Sheikh Abu Talha in USA during the Qiyam ul Layl program in Ramadan, Sheikh Abu Talha expounds on the various values of Ramadan a Muslim should actively seek to gain the maximum benefit from this blessed month. Sheikh Abu Talha reminds how the month of Ramadan is closely linked to the revelation of the Quran and gives insight into this special relationship between Ramadan and the Revelation. The various values of Ramadan explained in this talk are:
1- Supreme Values of Ramadan
2- Personal Values of Ramadan
3- Structural values of Ramadan
4- Political values of Ramadan
5- Historical values of Ramadan -
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 النجـارِ يـا 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.
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The Shari’ah and the Rule of Law – Islamic Governance for the 21st Century
The year 2011 ended with an irreversibly changed Middle East where the hegemony of several dictators collapsed at the hands of their oppressed populations. The Syrian and Yemeni peoples’ immense sacrifice and desire for change continue into 2012. There is little doubt that the world will further witness the collapse of other dictatorial regimes in the region.
Whilst the Muslims of the Middle East continue to sacrifice their sweat and blood for liberation from the shackles of dictatorship, the debate about the aftermath continues. In Egypt, for example, although the Ancien Régime remains largely intact, parliamentary elections were conducted at the end of November 2011 and the presidential election is expected to be held in July 2012. Nevertheless, the question of the form and character of the system of governance is far from settled. Although the role of Islam in the state will be inevitable, its extent of influence remains far from clear.
The Anglo-French-American triple alliance has added to the mist of confusion, as they painstakingly attempt to hijack the spirit of the protesters in order to install a new generation of rulers who would ensure the security and furtherance of Western interests in the region.
In such cataclysmic circumstances, the subject of whether Islam can deliver the rule of law under the shari’ah is in the minds of millions of Muslims. After all, nobody wants to return to the repressive days of Mubarak, Ben Ali and Gaddafi. People want an accountable, transparent, fair and just authority.
This article explores how the Islamic shari’ah can realise the hopes and aspirations of the millions of protesters in the Arab spring by ensuring that the rule of law is established. This article surveys the illustrious Islamic history and highlights how Islamic rule guaranteed the rule of law many centuries before the Europeans even dreamt of such standards. It is argued that the rule of law in the Muslim world can only be instituted under Islamic rule.
Definition of the “rule of law”
Prior to launching into defining the rule of law, it is important that certain misconceptions are dispelled. One such fallacy is the argument by many Western politicians that the rule of law is the monopoly of Western secular democracy. [1] For example, Thomas Bingham, the former lord chief justice of the English courts said, “There has been much debate whether the rule of law can exist without democracy. Some have argued that it can”. [2] Bingham’s assumption is premised on an erroneous notion that good governance can only be the result of democracy.
The West has hitherto paraded democracy as the only system available to mankind but failed to convince the Muslim world that democracy is the panacea for all its ills. As Mark Welton quite aptly recognises, “Democracy… is a high-value term loaded with positive connotations for Americans and Europeans. But the same term, used so indiscriminately by Western politicians, is also widely perceived in the Arab Middle East as a codeword, a “guise for Western efforts to re-conquer Arab territories and plunder their natural resources”. [3]
The Islamic legal and historical sources strongly rebut the suggestion that the rule of law is the sole possession of the West. As Welton elucidates, “…the concept embodied in the term “rule of law” is in fact a legal and political value shared by both the West and Islam, and if properly refined, can provide a useful framework for more effective discourse and understanding between these two traditions”.
So what do we commonly understand by the principle of the rule of law? Let us look at Bingham’s definition. Bingham asserts that under the rule of law “all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts”. [4] Islam in principle has no objection to this definition insofar as this definition can manifest within the Islamic legal and political framework. [5]
The rule of law necessitates that law is accessible and clear so that citizens of a state are aware of the boundaries of the law, which they must obey. The rule of law also applies to government and guarantees certain basic rights such as presumption of innocence until proven guilty, not to be arbitrarily detained without due process and right to fair trial in an independent court. All the executive and judicial organs of a state must uphold the rule of law because nobody is above the law. [6]
Brief analysis of the system of governance in Islam
It is well known that the system of governance in Islam is the Khilafah (caliphate). This system is well rooted both in the Islamic shari’ah and the history of Islam. It is a system that is quite unlike the Western democratic paradigm. The Prophet Muhammad صلى الله عليه وسلم said, “The Prophets ruled over the children of Israel; whenever a prophet died, another prophet succeeded him, but there will be no more prophet after me. There will soon be khulafah and they will number many. Fulfil the bayah [i.e. pledge of allegiance] to them one after another and give them their dues for Allah will verily account them about what He سبحانه وتعالى entrusted them with”. [7]
The Khalifah is the guardian of the people and his task is to ensure that the shari’ah is implemented so that justice prevails. Allah says,
وَإِنْ حَكَمْتَ فَاحْكُمْ بَيْنَهُمْ بِالْقِسْطِ ۚ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ
“And if you judge, judge with justice between them. Verily, Allah loves those who act justly”. [8]
Under the Khilafah, there is no separate legislature because the power of legislation lay not in man but in the Creator of man. Allah says,
فَاحْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ
“So judge between them by what Allah has revealed…” [9]
Allah also says,
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
“The command (or the judgement) is for none but Allah”. [10]
Sovereignty belongs to the laws of Allah, the shari’ah, not the people. It is the Khalifah who implements the shari’ah in the lands of Islam. As imam Abu’l Hasan al-Mawardi (died 450 AH) states, “Imamate is prescribed to succeed prophethood as a means of protecting the deen [Islam] and of managing the affairs of this world”. [11]
The rule of law is therefore established on the basis of the shari’ah. As Welton states, “The Islamic world, too, has a devotion to the rule of law that has prevailed through much of its history and, while severely impaired in the nineteenth and twentieth centuries by Western colonialism and its aftermath, has resurfaced as a desired virtue, fully compatible with Islamic law and tradition”. [12]
How the shari’ah guarantees the rule of law
This section of the article seeks to illustrate what role the people, the Khalifah and the judiciary play in establishing the rule of law under shari’ah.
a) The people
Allah سبحانه وتعالى says,
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْ ۖ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ
“O you who believe! Obey Allah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger”. [13]
Allah has thus obliged Muslims to obey the ruler who rules by the shari’ah.
Moreover, the Prophet Muhammad صلى الله عليه وسلم said, “A Muslim is obliged to hear and obey whether he likes it or not, except when he is required to do something that is sinful, in which case, there is no obligation to hear or to obey”. [14] Unlike democracies where obedience to the law of the land requires coercion by the state, Muslims historically lived by and obeyed the laws of Islam by and large without the need for coercion. This is because respect for and obedience to the laws of Islam is a matter of doctrinal and creedal obligation upon Muslims, which was the reason behind the success of the Khilafah. Thus, when Allah ordains upon Muslims to obey their rightful ruler, there is no option but to observe this command. This principle is well established in Islam from numerous ayat and ahadith.
b) The Khalifah
It is beyond the scope of this paper to elucidate the process of electing the Khalifah; however, it suffices to say that the majority of the classical scholars of Islam are unified on the view that the Khalifah assumes authority by approval and authority of the people. As imam al-Mawardi asserts, “…it is necessary for the electors to agree to his Imamate and that once agreed, it comes into effect because Imamate is a contractual agreement and it is not brought into being except by the contracting partner”. [15] The post-colonial despotic rulers of the Muslim world are therefore an anomaly in the history of Muslims.
The first Khalifah of Islam, Abu Bakr (RA), in his inaugural address said, “O People, I have been appointed over you, though I am not the best among you. If I do well, then help me. And if I act wrongly, then correct me… If I disobey Allah and His Messenger, then I have no right to your obedience”.
The second Khalifah of Islam, ‘Umar bin al-Khattab (RA) enunciated the attributes required of a Khalifah, “By Allah, O Ibn ‘Abbas, only the strong person without violence, the one who is gentle without being weak, the one who is economical but without being miserly, and the one who is generous without being wasteful is worthy of this affair”. [16]
The above abundantly illustrate that the Khalifah (and thus his executive subordinates) is required to be mindful of his obligations to the people and the shari’ah. He cannot be above the law but rather is subject to the law like everyone else.
The Khalifah fulfils, amongst the myriad of other obligations, the following as part of his responsibilities. The Khalifah must:
1. guard and protect Islam and its way of life against external influences and ensure that innovations do not creep into the pure message of Islam;
2. establish justice where disputes arise between litigants so that the strong does not oppress the weak;
3. implement the Islamic hadd punishment (i.e. criminal laws) so that the prohibitions of Islam are not violated;
4. possess the appropriate defence capabilities in order to defend the territories of the Islamic state and its citizens against external attacks;
5. manage the fiscal affairs of the state and collect the taxes prescribed by the shari’ah e.g. kharaj, zakah, jizya and ushur etc;
6. manage the funds of the treasury (Bait-ul-Mal), invest in public projects he considers necessary without being wasteful and pay the public sector employees’ salaries from the treasury; and
7. assume personal responsibility over the affairs of the people and execute the policies of the ummah without overreliance on delegation of authority.
Provided that the Khalifah conducts himself in accordance with the shari’ah as abovementioned, he would be deemed to have discharged his obligation to Allah and the people.
c) The judges
The Khilafah also has a strong judiciary which implements the laws of Islam, dispenses justice and keeps the executive accountable. Everybody under the shari’ah is equal before the law and judgment is pronounced without fear or favour. Principally, there are three types of judges in Islam: [17]
1. the Qadi settles disputes between people in private law matters and implements the penal codes;
2. the Muhtasib is responsible for dealing with communitywide issues that affect the public and wider society, e.g. unscrupulous traders who harm the wider public; and
3. the Mazaalim is responsible for investigating and settling the disputes between the ruler and the ruled. Essentially, this judge keeps the executive accountable and in checks.
When the Prophet صلى الله عليه وسلم was the head of the Islamic state in Medina, he was petitioned to intercede for a noble lady who had committed theft, but the Prophet صلى الله عليه وسلم said, “The nations before [us] were destroyed because if a noble person committed theft, they used to leave him, but if a weak person amongst them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad, committed theft, Muhammad would cut off her hand!” [18]
This hadith illustrates that even if the Prophet’s daughter had committed a crime, notwithstanding his position as the head of the Islamic state, he would have implemented the same criminal punishment upon his daughter without favour. Such approach is inimical to the rulers that litter the Muslim world today whereby the rulers, their families and their entourage enjoy unbridled favour and effectively operate above the law. This is a direct result of the absence of the shari’ah in the Muslim world.
There are detailed rules in Islam pertaining to the appointment of judges, the discussion of which is beyond the scope of this paper. However, let us again invoke the words of the second Khalifah of Islam, ‘Umar bin al-Khattab (RA) when he outlined the attributes a judge requires in an Islamic court. He said, “The task of the judiciary is an undisputed obligation and a sunnah to be followed. Seek to comprehend when people have recourse to you, for it is no use to speak of a right if it is not put into effect. See that your face, your justice and your sitting are the same between people, such that the lord does not hope for your partiality, nor the weak despair of your justice…” [19]
These words of wisdom essentially outline the justice one can expect to see under Islam. The Khalifah or the judiciary have no room to depart from this boundary and will be accounted by the people if any departure from the rule of law is apparent to the citizens. The Umayyad Khalifah ‘Umar bin Abdul Aziz (RA) once said “Rulers usually appoint people to watch over their subjects. I appoint you as a watcher over me and my behaviour. If you find me at fault in word or action guide me and stop me from doing it”.
The judiciary is principally responsible for accounting state officials, including the Khalifah and his governors, in cases of wrongdoings. [20] The remit of such judges is wide enough to serve the purpose. Imam al-Mawardi maintains that such persons have the authority to investigate abuse of power by rulers against the ruled, and to hold them to account for the injustice they may have inflicted. Such powers may be invoked by the judges irrespective of whether or not the citizens complain against the official concerned. [21]
During the early Umayyad era, there were some incidence of official misconduct whereby the citizens were deprived of the rights they were entitled to. However, these were not tolerable in Islam and thus Khalifah ‘Umar bin Abdul Aziz (RA) instituted formal procedures to investigate wrongdoings by officials, to the extent that he returned the goods that were seized by members of his tribe to their rightful owners. In the sight of ‘Umar members of his tribe were no different from the citizens of the Islamic state whose rights were violated. As imam al-Mawardi recorded in his treatise, “he would reject all such wrong doing and would maintain respect for just and fair practices or re-establish such practices if necessary”. [22] This practice of accounting state officials for abuse of power was carried out, in varying degrees, during the Abbasid era, for example, under al-Mahdi, al-Hadi, ar-Rashid, al-Ma’mun and al-Muhtadi.
The history of Islam contains abundant examples where abuse of power by state officials were investigated and remedied by judges. Such a judge may, amongst other matters, deal with:
1. abuse by tax officials, e.g., if they miscalculate the tax due from individuals and overtax. In such cases, the judge would order the return of the amount due back to the individual who overpaid;
2. allegations of deficiency, delay or negligence towards the payment of salaries of state employees who receive their salaries from the treasury. In such circumstances, the judge concerned would investigate and rectify any errors and ensure that their salaries are paid in a timely manner;
3. the restitution of private property seized unlawfully by state officials, even if he was a governor. The judge is obliged to investigate such allegations of seizure of property and effect restitution after conducting his investigation; and
4. unlawful seizure of property by one powerful individual from another due to his weakness. Upon investigating such complaints, restitution will be effected in accordance with the judge’s findings.
The rule of law deficit in the West
The West has over the past few decades lectured countries around the world to institutionalise democracy, the rule of law, justice and equality. However, the USA and the UK have been exposed in recent years for not practising what they preach. For example, both the USA and the UK have been systematically involved in practices such as “extraordinary rendition”, torture of terror suspects, indefinite detention without charge, unjust treatment of foreign nationals and intrusive spying on Muslims. As one American academic commented,
“Virtually every significant government security initiative implicating civil liberties – including penalizing speech, ethnic profiling, guilt by association, the use of administrative measures to avoid the safeguards of the criminal process, and preventive detention – has originated in a measure targeted at noncitizens”. [23]
Yet, this deficit of the rule of law is not just limited to the above. In June 2007, it emerged that Tony Blair had pulled the plug off a major fraud investigation by the Serious Fraud Office against the British arms manufacturer BAE Systems. It was reported that BAE secretly paid £1 billion to Prince Bandar of Saudi Arabia as “secret commission”, thus effectively bribing the Saudis to place the largest defence contract worth £43 billion, known as the al-Yamamah deal. [24] It was allegedly in Britain’s “national interest” to terminate this SFO investigation, thus sacrificing the rule of law under the pretext of Britain’s oft-quoted “national interest”.
Similarly, on the eve of Bill Clinton’s departure from office, he pardoned 140 convicted criminals/fugitives. Those pardoned included US billionaire Marc Rich, who was at living abroad to avoid prosecution by US authorities. It was alleged that Marc Rich made handsome donations to the Democrats to secure the pardon. [25] This “cash for pardon deal” scandal raised many doubts over America’s hollow claims that the US upholds rule of law. Needless to say, examples of abuse of power are quite common in the 21st century Wild West.
Conclusion
The above discourse evidently illustrates that the shari’ah has put in place all the ingredients necessary for establishing the rule of law, which is much needed in today’s turbulent Muslim world. History is testament to the fact that Islam had established an enviable civilisation under its rule. There is no reason why this cannot return. On the other hand, the tired and baseless suggestion that only democracy is the way forward for Muslims is hardly foolproof. Western politicians must wake up to the slogan in Tahrir Square, ash-shab yurid isqat an-nizam (the people want to bring down the regime).
Wakil Abu Mujahid
References
[1] Lord Goldsmith QC, “Government and the Rule of Law in the Modern Age”, lecture given on 22 February 2006 (former British Attorney-General)
[2] Thomas Bingham, the Sixth Sir David Williams Lecture (lecture given in 2006), p-35
[3] Mark David Welton, Islam, the West, and the Rule of Law, 19 Pace Int’l L. Rev. 169 (2007), p-172
[4] Bingham, p-5
[5] By deploying a common definition in this discourse vis-à-vis the rule of law, this paper is not intended to be an appeasement to the critics of Islam. To the contrary, Muslims advocating the shari’ah believe that Islam is inherently superior to any man-made systems because Islam originated from the Creator and not from the minds of weak men.
[6] This article excludes any discussion of a legislature because such a body is incompatible with the Islamic political and legal philosophy.
[7] Imam al-Nawawi, Riyad us Salihin (National Hijra Council, 1992), hadith no-657
[8] Qur’an: 5-42
[9] Qur’an: 5-48
[10] Qur’an: 12-40
[11] Abu’l Hasan al Mawardi, Al-Ahkam As-Sultaniyyah (Ta-Ha Publications, London, 2005 reprint), p-10
[12] Welton, p-173
[13] Qur’an: 4-59
[14] Imam al-Nawawi, hadith no-664 (reported in Bukhari and Muslim)
[15] al-Mawardi, p-15-16
[16] ibid, p-21-22
[17] Taqiuddin an-Nabhani, the Ruling System in Islam (Nidham ul Hukm fil Islam) (Khilafah Publications, London), p-205
[18] Narrated in Bukhari and Muslim
[19] al-Mawardi, p-108
[20] This is comparable to the public law remedies that Western citizens often invoke against public authorities.
[21] al-Mawardi, p-121
[22] ibid, p-118
[23] Bingham, p-15
[24] The Guardian, 7 Jun 2007
[25] BBC News, 22 Feb 2001 -
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.
