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Fiqh of Growing and Shaving the Beard
This issue has turned lately into a major talking point among muslims. Some people have gone as far as accusing those who do not grow their beards and do not trim the moustache of unbelief or rebellion. The evidences they used to back such claims are, however, not strong enough to justify such accusations.
The issue itself has been debated before by some dignified scholars; differences have also emerged in the past among the various schools of thought. This issue is classified by the shariah as being one of the Furoo’ (branches) of the deen in which differences of opinion are permitted, unlike the usool (basis) of the deen.
In order to clarify the Islamic verdict on this issue, we need first to explore all the matters related to it and what our respected scholars have said about it.
The beard is a natural, physical aspect of man. Growing it is a practice that man took up long before Islam and still continues to do so after Islam has come. It is part of the fitra (natural) characteristics which Allah (swt) gifted men with. Fitra here means the inner sense of cleanliness in a man which is a proof of his moral and mental state. Other characteristics of fitra are stated in the following hadith of the Messenger of Allah (saaws),
“Ten are the acts of fitra: trimming the moustache, letting the beard grow, siwak (using the tooth stick), snuffing the water in the nose, cutting the nails, washing the finger joints, plucking the hair under the armpits, shaving pubic hair, cleaning one’s private parts with water and rinsing the mouth.” [TMH (translation of the meaning of the hadith)]
Imam Shawkhani said in his book Nayl Al-Awtar, “What he (saaws) means by fitra is that if these characteristics are followed by a man, he would be described as a man of fitra, which Allah (swt) has gifted his servants with and encouraged them to follow so that they attain a high degree of respectability and dignity.”
As for the Islamic verdict on the beard, this has produced three Islamic opinions:
1) Growing the beard is an obligation and shaving it is forbidden. This opinion is championed by Ibn Hazm and Ibn Taimiya among others.
2) Growing the beard in mandub (desirable) and shaving it is makruh (undesirable). This opinion is championed by Ibn Hanbal, Ibn Qudamah, Imam Shirazi, Imam Shawkhani, Imam Nawawi and Qadi (judge) Iyad among others.
3) Growing and shaving the beard is mubah (permitted), which is the opinion of Qadi Abu Bakr Ibn al-Arbi and Imam Qurtabi.
For the first opinion scholars have referred to the following evidences to back their claim.
a. Messenger of Allah’s saying,
“Trim closely the moustache and grow the beard and thus act different from the fire-worshippers.”
b. Allah’s Messenger’s saying,
“Act different from the polytheists. Trim closely the moustache and grow the beard.”
c. The Messenger of Allah’s saying,
“Let the beard grow and trim the moustache and do not imitate the Jews and Christians and dye your grey hair.”
d. The Messenger of Allah’s saying,
“In our deen, we trim the moustache and let the beard grow.”
f. The Messenger of Allah’s saying,
“Whoever imitated some people he became one of them.” This hadith has been narrated by Abu Da’ud on the authority of Ibn Omar.
These ahadith do not mean that acting differently from the Jews and Christians is the reason for having the beard. If this was the case then we would be ordered to shave. Since, the Jews and the Christians are praying with their shoes and are growing beards.
These ahadith contain many instructions not necessarily related to each other such as:
1. Growing beard.
2. Trimming the moustache.
3. Acting differently from the kuffar.
4. Dying the hair. Qadi Iyad said, “The sahabah and those who followed them had their differences over the issue of khidab (dyeing) and it origin, some said that it best to leave it.”
Imam At-Tabari said, “The ordering and forbidding related to this issue (dyeing) was not meant as an obligation, that is why people did not blame or criticize one another.”
Ibn ul-Jawzi said, “A group of the sahabah and some of those who followed them did not dye their hair.”
Imam Nawawi said in Al-Majmou’, “Our opinion is the desirability of dyeing grey hair for men and women.”
In Al-Mughni, Imam Ibn Qudamah said, “It is desirable to dye the grey hair with a color other than black.”
All this demonstrates clearly that some of the Sahabah did not dye their hair despite the fact that it would have been acting differently to the Jews and Christians, and so many scholars stated that the dyeing of the hair is mandub.
As for hadith (d), it does not convey the obligation nor even the desirability, it only carries a request. Distinguished scholars recognize that not every order carries an obligation but every order carries a request. For the order to become an obligation it has to be linked to some sort of punishment or reward. So many ayahs (verses) of the Glorious Quran and many sayings of the Prophet (saaws) have taken a similar line. The meaning of the order could be either real or figurative or just a request. It does not carry an obligation unless indicated.
When Allah (swt) indicated in the Quran, “But when you have left the sacred territory, go hunting.” [5:2] or, “And when the prayer is ended, then disperse.” [62:10] And, “Eat of the things which Allah has provided for you.” [5:88] Or, “Wear your beautiful apparel at every time and place of prayer.” [7:31]
Or when the Messenger of Allah said, “We have been ordered to make tasbeeh after prayers” or when he said, “Marry and have children, I shall be proud of you before other nations on the day of judgment” these ayah and hadith have all come in the imperative tenses, but do not necessarily carry the obligation for there are no indications for that. They merely mean a request. The indication needed to make it obligatory is a warning against punishment or a promise from Allah (swt) of reward or forgiveness. So the issues of hunting, eating, dressing up, tasbeeh, perfecting the wudu’ and marriage, which all come in the ayahs and ahadith as orders, have not been defined by scholars as obligatory because there were no indications linked to that.
When Allah’s Messenger said, “My Lord has ordered me to let my beard grow”, this does not carry an obligation but merely a request; besides, actions of the Messenger of Allah are either natural, like how he used to blink his eye or move his lips etc; or special actions particular to him which no one else is allowed to perform like marrying more than four wives at the same time, or to fast continuously. There are also other actions which Allah (swt) has made compulsory on his messenger but mandub for his ummah, like staying up in the night, witr and duha prayers.
As for other actions, muslims are to abide by them whether they are wajib or mandub, and to keep away from the makruh and the haram, and to perform or leave the mubah (permitted).
The hadith (e), in which the Messenger of Allah says, “In our deen, we trim the moustache and we let the beard grow,” does not imply the obligation because in our deen, there is wajib, mandub, makruh, haram and mubah. In this hadith it may mean Fardh, Haram, mandub or Mubah.
As for hadith (f), imitating the unbelievers in a certain action means acting like them with the intention of imitating them. If a Muslim intends to imitate the unbelievers by not growing his beard and by not trimming the moustache, then he becomes sinful but if he does not grow his beard for no other reason then just a habit or because he wishes not to then he is not considered to be sinful. Nowadays we see that many unbelievers are letting their beards grow. So do we say that we have to stop growing our beards because we must not imitate them?
Some people say that the trimming of the moustache is an obligation, for Allah’s Messenger (saaws) said, “Whoever does not trim his moustache is not one of us.” They claim that if the Messenger (saaws) said “he is not one of us” this means that it is obligatory because this was an indication linking it to obligation. In answer to this we say that not every hadith after which Allah’s Messenger mentions the phrase “not one of us” carries or entails an obligation. This has to be looked into a little closer.
Many ahadith came with the phrase “not one of us” but this did not mean that the requests were an obligation, they were only desirable actions. For example, the Messenger of Allah (saaws) said, “Whoever does not shave his pubic hair, cut his nails and trim his moustache is not one of us.” Does this mean that cutting nails is obligatory? The Messenger of Allah (saaws) said, “Whoever does not perform witr prayer is not one of us.” Does this mean that whoever does not pray witr is an unbeliever or rebellious?
The phrase “not one of us” does not necessarily entail an obligatory action. The Messenger of Allah (saaws) said, “Three acts are wajib for me and sunnah (desirable for you: witr, siwak (using the tooth stick) and night vigil.” Scholars have all agreed that all agreed that witr is desirable and not obligatory. in another hadith, Allah ‘s Messenger (saaws) said, “Marriage is from my sunnah, whoever dies not follow my sunnah is not one of me.” This is an indication that muslims are encouraged to marry and that it is desirable, but it does not mean that marriage is obligatory.
Therefore, the hadith has to be looked into if it contains the phrase “he is not one of us.” It could entail a forbidden action, or a desirable one or an undesirable one or an obligatory one, like when Allah’s messenger (saaws) said, “He is not one of us who calls for (boasts about) race.” This means that it is forbidden, not because of the phrase “not one of us” only but because Shariah has forbidden it in many ahadith and ayahs.
The Messenger of Allah (saaws) said, “He is not one of us who cheats us.” Cheating is forbidden, not because of the phrase “not one of us,” only but because Shariah has forbidden cheating in other ahadith.
As for the hadith where he (saaws) said, “Whoever does not trim his moustache is not one of us,” this only means that trimming is desirable. Imam ibn Hanbal said when he was asked about the trimming of the moustache, “It is from the Sunnah” i.e. it is desirable.
Trimming the moustache means cutting the hairs that grow over the lips because it has been mentioned that it is undesirable to completely shave the moustache.
Some might say that the Sahabah never shaved their beards and this means that it is forbidden. it has to be said here that the evidence for the verdict is not related to what the Sahabah did or did not do. The evidence should be drawn form the request of the Messenger of Allah (saaws) to act different to be unbeliever. This request has not been definitive to suggest obligation. As for the Sahabah not shaving, the beards had been a habit that people took up before Islam and after it, and they never had the need to shave it. The same with the wearing of the amamah (head dress); no one has narrated that he saw any of the Sahabah walking the streets with no amamah on. The wearing of the amamah by the sahabah does not make it an obligation and no scholar had ever claimed that just because the Sahabah used to wear amamah, we are all obliged to do so. Therefore such evidence is rejected.
Some say that the messenger of Allah never shaved his beard and back it with the ayats, “Verily in the Messenger of Allah you have a good example.” [33:21] and, “And whatsoever the messenger gives you, take it. And whatsoever he forbids you, abstain (from it).” [59:7] In answer to this we say that it is true that the following on the Messenger of Allah’s footstep in all actions which are not unique to him is the duty of every Muslim. However, the obligation of following the Messenger of Allah (saaws) does not necessarily entail the obligation of performing all the actions that he (saaws) performed. We are obliged to follow his (saaws) actions according to what the actions entail, i.e. if the action is wajib (obligation), then we are obliged to perform it; if the action is mandub, then it is mandub for us to perform it If we made obligatory and action which is not so, we would then contravene the sunnah of our Messenger (saaws), and if we forbid an action which the Messenger (saaws) did not forbid, we should then contravene the Messenger of Allah (saaws), thus contravening the shariah of Allah.
The Messenger of Allah (saaws) used to like raisins and dates, he used to wear musk and he never liked onion, garlic or rabbits despite the fact he made these things mubah (permitted) for us.
As for the second opinion, which we rely on and prefer, scholars who back this opinion base it on the following evidence.
The Messenger of Allah’s saying, “Ten acts are of fitra…” (same hadith). Al-Nisai’i has actually related the same hadith with the wordings, “Ten are acts of the Sunnah…” Ibn Abbas reported: “These ten acts of fitra had been obligatory in the shariah of Ibrahim (may Allah be pleased with him) and became sunnah in our shariah.” Then he narrated the hadith.
Fitra has many meanings, one of them is Islam or the millah (nation). The Messenger of Allah (saaws) said, “The new-born is born on the fitra…” Some said that it is the physique or the shape which Allah (swt) ordained for people. Some said that the fitra is the beginning. Imam Nawawi said that the fitra means the Sunnah, and that is the right meaning. Imam Khitabi said that the fitra means the sunnah according to many scholars. Qadi Iyad said the the shaving of the beard is makruh (undesirable).
Qadi Ibn al-‘Arabi is one of the scholars who supported the third opinion. He said that letting the beard grow is permitted, and claimed that it is a sign of cleanliness and handsomeness in his book Ahkamul Quran. Imam Qurtubi said that a’ajim (non muslims) used to shave their beards and grow moustaches.
We conclude that the issue has been a center of controversy and differences amongst scholars. A Muslim has the right to adopt any opinion from a scholar he trusts and feels that his opinion has the strongest evidence. The opinion which is strongest in evidence is the one we think is saying that the growing of the beard is mandub. A Muslim gets a reward for growing it but does not get punished if he did no.
Some people say that the four most distinguished scholars, Malik, Abu Hanifah, Shafi’i and Ahmad, have agreed that letting the beard grow is wajib (obligatory). This view is not correct because those four scholars never actually said that it is obligatory at all. Whoever read their books would find that claim is false and their followers are actually the best proof. Nawawi, Ibn Qudamah, Ibn Hammam, Shawkhani, Qadi Iyad and Zarqani never said the growing of the beard is obligatory. Whoever claims that the Shafi’i, Hanafi, Hanbali or Maliki schools have said that letting the beard grow is an obligation should make reference to the source i.e. which book stated that so that blame and false attributions, Allah forbid, are avoided. And even if a scholar said that it is obligatory, this does not mean that all people have to abide by their opinion, for their are other scholars and shariah experts who hold different views and opinions. As we mentioned before, differences in the branches of deen are permitted, and Allah (swt) knows best.
Ar-Raya Magazine, April 1994 -
Zakat of Crops and Fruits and the Provision of Treasure Troves
Question
My dear Ameer and honorable Sheikh: What are the varieties of crops and fruit on which the Zakat is due? For example there are some who pay the Zakat on oil, what is the standard in that?
It is known that the Fifth (al-Khams) is due on buried treasures or treasure troves. My question is: Someone found Ottoman properties (funds of the livelihoods of soldiers). Does he then own them after paying the due Fifth or is it property of the Islamic State, to be kept in trust and returned to the Khilafah State, when it is established soon, Bidhnillah?
Wa Barakallahu Feekum,
Abu Hussam Ad-Deen, Tarqumiyyah, Hebron, PalestineAnswer
Assalamu Alaikum wa Rahmatullahi wa Barakatahu
1. Regarding the varieties of crops and fruit on which the Zakat is due, they are: wheat, barley, dates, and raisins. They have been mentioned exclusively in the Ahadeeth, so no other agricultural produce is included. The evidence is the following:
a. Musa Bin Talha narrated from ‘Umar that he said:«إنّما سنّ رسول الله الزكاة في هذه الأربعة: الحنطة، والشعير، والتمر، والزبيب» “The Messenger of Allah (saw) taught the Zakat on these four: wheat, barley, dates, and raisins.” Narrated by at-Tabaraani.
And it is also narrated from Musa Bin Talha who said:أمر رسول الله معاذ بن جبل – حين بعثه إلى اليمن – أن يأخذ الصدقة من الحنطة والشعير، والنخل، والعنب “The Messenger of Allah (saw) ordered Mu’adh Bin Jabal when he sent him to Yemen to collect the Sadaqah on wheat, barley, palms, and grapes.” Narrated by Abu ‘Ubayd.
These Ahadeeth show that Zakat on crops and fruit is to be taken from these four varieties: wheat, barley, dates, and raisins. The Zakat is not to be taken from other types of crops and fruit, because the first Hadeeth came in a wording that indicates a limiting linguistic function.
b. Al-Hakim, al-Bayhaqi, and at-Tabaraani narrated the Hadeeth from Abu Musa and Mu’adh, when they were sent to Yemen by the Prophet (saw), to teach the people their Deen that he (saw) said: «لا تأخذا الصدقة إلاّ من هذه الأربعة: الشعير، والحنطة، والزبيب، والتمر» “The Sadaqah is not taken except from these four: barley, wheat, raisins, and dates.”
Al-Bayhaqi said about this Hadeeth: “Its narrators are trustworthy and its narration is a chain transmission (Muttasil).”
This Hadeeth is clear in limiting the Zakah that is due on crops and fruit to these four varieties, because the word إلاّ “except/only” if preceded by a particle of negation, limits what came before it to what comes after it. Hence the Sadaqah was limited to the four varieties that were mentioned afterwards, being: barley, wheat, raisins, and dates.
c. The words “wheat, barley, dates, and raisins” which appeared in the Ahadeeth are static, thus do not carry other than their original meanings, no direct meaning (Mantuq) and no implied meaning (Mafhum), because they are not appellative nor category names. Rather they are limited to the objects which are named after them, and called by these names. Therefore such meanings as “dried fruits” or “food reserves” cannot be derived from their wording, because they do not imply these meanings or attributes. These Ahadeeth, which confined the necessity of Zakat to these four types of crops and fruit, specify the general wording that came in the Hadeeth:فيما سقت السماء العشر، وفيما سقي بغرب، أو دالية، نصف العشر “The tenth is due on what is watered from the sky, and half the tenth on what is irrigated by carried water.”
This means that the tenth is due on what is watered by the sky from wheat, barley, dates, and raisins. While half the tenth is due on what has been irrigated by carried water.
d. The Zakat is not obligatory on other than these four varieties of crops and fruit. So the Zakat is not taken from corn, rice, beans, chickpeas, lentils, and other grains or cereals. It is not taken from apples, pears, peaches, apricots, pomegranates, oranges, bananas, and other types of fruit, because these grains and fruits are not covered by the words “wheat, barley, dates, and raisins”. Also there is neither an authentic text that enumerates any of the aforementioned, nor is there a consensus, nor are they included through a Qiyas (analogy), because the Zakat is an act of worship, and the worships are not open to analogy in the form of Qiyas. Rather the worships are confined to the range of the text. Similar the Zakat is not taken from vegetables, such as cucumber, pumpkin, eggplant, turnips, carrots etc. It is reported from ‘Umar, Ali, Mujahid, and others, that there is no Sadaqah on vegetables, as narrated by Abu ‘Ubayd, al-Bayhaqi, and others.
2. Concerning the second part of the question pertaining to treasure troves: Who finds a treasure has to pay the Fifth on it to the Islamic State, which will spend it in the interest of the Muslims. The other four-fifths belong to the one who found the treasure, unless he found it on someone else’s land.
If there were no Islamic State, as is the case today, the one who finds the treasure pays the Fifth to the poor and needy and spends it in the interests of the Muslims. Thereby he frees himself from that obligation and the rest belongs to him.
The evidence for this is:A. A treasure is money buried in the ground, either silver, or gold, or jewels, or pearls, or otherwise, like armaments or weapons; whether treasures buried by former peoples like the ancient Egyptians, Babylonians, Assyrians, Sassanids, Romans, Greeks, and others, consisting of coins, ornaments, or jewels that are found in the tombs of the kings and nobles, or in the hills of ancient rundown towns. Be it golden coins, or silver, placed in a jug, or other, hidden in the earth since the days of Jahiliyyah, or the last Islamic days. All of that is considered a treasure.
Linguistically the Arabic term for treasure “الرِكاز” is derived from “ركز، يركز”, similar to the term “غرز يغرز” (to implant), describing something hidden. The saying goes: “The spear is fixed when he plants it into the ground.” Also “الرِّكز” is the hidden sound. Allah Almighty said: ((أَوْ تَسْمَعُ لَهُمْ رِكْزًا)) “or hear from them a sound?” [Maryam: 98]
Whereas metal is what Allah created in the earth, upon the creation of the heavens and the earth, from gold, silver, copper, lead, and others. Linguistically “المعدن” (metal) is derived from “عَدَنَ” (perpetuate), i.e. to perpetuate in a place if you lived in it. Paradise was named after it as “جنة عدن”, because it is a place of eternal stay. Hence metals are from the creation of Allah, they were not buried by humans. Therefore they carry a ruling different from treasures, since the treasure was buried by human beings.
B. The original ruling on treasure troves and metals, is what Abu Hurayrah reported from the Messenger of Allah (saw), who said: العجماءُ جرحها جُبار، وفي الركاز الخمس “The wounding of a beast requires compensation, and on the treasure the Fifth is due.” Narrated by Abu ‘Ubayd.
Also what was narrated from ‘Abdullah Bin ‘Amru that the Prophet (saw) was asked about the money that is found on a desolate plain, and said: «فيه وفي الركاز الخمس» “On it and on the treasure trove the Fifth is due.”
And what was narrated by ‘Ali Bin Abi Talib from the Prophet (saw), that he said: وفي السيوب الخمس. قال: والسيوب عروق الذهب والفضة التي تحت الأرض”On the Suyub the Fifth is due. He said: The Suyub are the veins of gold and silver under the ground.” Mentioned by Ibn Qudamah in Al-Maghniy.
C. Therefore, all money that is buried from gold, silver, jewelry, jewels, or other, found in graves, or in the hills, or in the cities of previous nations, or found in the land of dead, or in the desolate plain, that is relatively old, buried in the times of Jahiliyyah, or buried by Muslims in the past eras of Islam, is owned by the finder, who pays the Fifth to the State Treasury (Bayt al-Mal).
Similarly every small amount of metal, that is not worth of counting, be it gold or silver, whether in the form of veins or discharged, that was found on dead land, not owned by anyone, is the property of the finder, who pays from it the Fifth to the State Treasury (Bayt al-Mal). If the amount is worth of counting, not a limited amount buried, then it takes the rule of public ownership and has other details.
The Fifth that is taken from the finder of the treasure and the finder of the metal is paid into a department within the State Treasury, called “Diwan al-Fay’ wal-Kharaaj” and is spent in the same way as al-Fay’ and al-Kharaaj. They fall under the proxy of the Khaleefah who spends them in care of the affairs of the Ummah, and spends them in their interests according to his opinion and diligence, for the sake of goodness and righteousness.
D. Whoever finds a treasure or metal on his own property, either his land or his building, then it is his property, whether he bequeathed the land or the building, or bought it from others. Who finds a treasure or metal in the land or building of another, then the treasure or metal belong to the owner of that land or building.
Your brother,
Ata Bin Khalil Abu Al-Rashtah05 Muharram 1435
2013/11/08 -
Taxation in Islam: Wealth Tax
The following article is based on the book Funds in the Khilafah State which is a translation of Al-Amwal fi Dowlat Al-Khilafah by Abdul-Qadeem Zalloom.
Allah (swt) has revealed a comprehensive economic system that details all aspects of economic life including government revenues and taxation. In origin, the permanent sources of revenue for the Bait ul-Mal (State Treasury) should be sufficient to cover the obligatory expenditure of the Islamic State. These revenues that Shar’a has defined are: Fa’i, Jizya, Kharaj, Ushur, and income from Public properties.
The financial burdens placed on modern states today are far higher than in previous times. When the Khilafah is re-established it will need to finance a huge re-development and industrial programme to reverse centuries of decline, and bring the Muslim world fully into the 21st century. Because of this, the Bait ul-Mal’s permanent sources of revenue may be insufficient to cover all the needs and interests the Khilafah is obliged to spend upon. In such a situation where the Bait ul-Mal’s revenues are insufficient to meet the Khilafah’s budgetary requirements, the Islamic obligation transfers from the Bait ul-Mal to the Muslims as a whole.
This is because Allah (swt) has obliged the Muslims to spend on these needs and interests, and their failure to spend on them will lead to the harming of Muslims. Allah (swt) obliged the State and the Ummah to remove any harm from the Muslims.
It was related on the authority of Abu Sa’id al-Khudri, (ra), that the Messenger of Allah (saw) said: “It is not allowed to do harm nor to allow being harmed.” [Ibn Majah, Al-Daraqutni]
Therefore, Allah (swt) has obliged the State to collect money from the Muslims in order to cover its obligatory expenditure. The State achieves this by imposing taxes upon the Muslims such that these needs and interests are met without being exceeded. These taxes should only be taken from people’s surplus wealth. This wealth is what is left after someone has spent on his basic needs, and also his luxuries according to the normal standard of living.
There are six areas of expenditure the Bait ul-Mal is obliged to spend upon. If insufficient funds are available then taxes will be imposed upon the Muslims to meet the expenditure. These areas are:
- The expenditure upon Jihad and what is necessary for it.
- Expenditure on military industries
- Spending on the poor, needy and wayfarers.
- Expenses such as the salaries of soldiers, civil servants, judges, teachers and the like who provide services for the benefit of the Ummah.
- Expenses due in the form of services and caring of the Ummah.
- Expenditure upon emergencies like famines, earthquakes, floods and enemy attacks.
1. The expenditure upon Jihad and what is necessary for it
The Islamic State is obliged to establish powerful and highly trained armed forces. These armed forces must be prepared with the latest and most sophisticated weapons such that their quality and quantity deter, subdue and frighten the enemy. These forces will liberate our lands from occupation, terminate the influence of the Kuffar in the Muslim world, and aid the state in conveying Islam to the world.
Expenditure on Jihad and what is necessary for it is one of the rights due upon the Bait ul-Mal whether there are funds in the Bait ul-Mal or not. If there are funds available, then they are spent on Jihad and its requirements. If there are no funds, then the duty of spending on Jihad, as long as Jihad is obligatory and designated, transfers from the Bait ul-Mal to the Muslims, since Jihad is obligatory upon Muslims by wealth and person.
Allah (swt) says:
انْفِرُواْ خِفَافًا وَثِقَالاً وَجَاهِدُواْ بِأَمْوَالِكُمْ وَأَنفُسِكُمْ فِي سَبِيلِ اللّهِ ذَلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
“So go out, no matter whether you are lightly or heavily armed, and struggle in Allah’sway with your possessions and your persons: this is better for you, if you only knew.” [TMQ At-Tawba: 9:41]
Anas (ra) narrated that the Messenger of Allah (saw) said: “Fight the polytheists with your wealth, lives and tongues.” [Abu Dawud]
In addition, there are tens of Ayaat and Ahadith that oblige Jihad by wealth and person upon the Muslims.
In the situation where there are no funds in the Bait ul-Mal to spend on Jihad and its requirements, the State must encourage Muslims to contribute voluntarily to Jihad as the Messenger of Allah (saw) used to do.
Abdur Rahman bin Khabbab as-Salmi said: “The Prophet (saw) gave a Khutbah (speech) and encouraged [people to donate] regarding the army of difficulty, so Uthman bin Affan said: ‘Upon me are 100 camels with their saddle-blankets and saddle bags.’ Then he (saw) descended the steps of the pulpit (Mimbar) and encouraged again, so Uthman said: ‘Upon me are another 100 with their saddle-blankets and saddle bags.’” [Ahmed]
Hudhayfa bin al-Yaman said: “The Prophet (saw) sent a request to Uthman seeking assistance from him for the army of difficulty, so Uthman sent to him 10,000 Dinars which were poured before him. The Prophet (saw) began turning them before him while praying for him and he (saw) said: ‘May Allah forgive you, O Uthman, for what you have made secret, what you have revealed, what you have hidden, and all that will be until the Hour comes. Uthman should not mind of any action he does after this.’“
If the voluntary contributions of the Muslims are insufficient to cover the designated Jihad, then the State will impose taxes upon Muslims up to the amount necessary and no more, to cover the expenditure. It is not allowed for the State to tax more than is required.
2. Expenditure on military industries
The Islamic State is obliged to establish military and other associated industries to enable the manufacturing of the latest and most sophisticated weapons and equipment for the armed forces. This is because Jihad requires an army, and the army requires weapons so that it can fight. Building highly effective and powerful weapons requires manufacturing. Therefore the military weapons industry has a close relationship with Jihad.
For the State to be in full control of her affairs, and free from the influence and control of other states, she must undertake the production and development of her own weapons especially its vital weapons. This is so that the State has the most modern and developed weapons, irrespective of how much weapons develop and advance. Also the State must have under her control all that she requires of weapons to scare every enemy whether open or hidden, according to the State’s international position.
The absence of these military factories in the Ummah makes Muslims dependent upon Kafir states for armament, a matter which may make the Muslims political will and decision making subject to the will and decisions of the Kuffar. These Kafir states do not sell weapons except with conditions attached that fulfil their interests, and this would inflict the most terrible harm upon the Ummah.
Establishing of these factories is therefore obligatory upon Muslims from the texts of the Ayaat and Ahadith that oblige Jihad upon Muslims by wealth and person by the indispensable indication (Dalalat al-Iltizam). This is because Jihad depends upon weapons and weapons require industry. This is also indicated by the saying of Allah (swt):
وَأَعِدُّواْ لَهُم مَّا اسْتَطَعْتُم مِّن قُوَّةٍ وَمِن رِّبَاطِ الْخَيْلِ تُرْهِبُونَ بِهِ عَدْوَّ اللّهِ وَعَدُوَّكُمْ وَآخَرِينَ مِن دُونِهِمْ لاَ تَعْلَمُونَهُمُ اللّهُ يَعْلَمُهُمْ
“Prepare whatever forces you [believers] can muster, including warhorses, to frighten off Allah’s enemies and yours, and warn others unknown to you but known to Allah.” [TMQ Al-Anfal: 8:60]
The preparation ordered by Allah (swt) is the preparation which achieves the terrorising of the enemies, whether they are open, hidden or potential enemies. This terror depends upon acquiring vital and developed weapons of the highest level, and acquiring of such weapons depends upon establishing factories. Therefore, this Ayah indicates the obligation upon the Ummah to establish factories by the indispensable indication (Dalalat al-Iltizam).
Moreover, the absence of these factories inflicts a terrible harm upon the Ummah, and removing harm from the Ummah is obligatory. The removal of this harm will not be achieved except by establishing military, manufacturing and other associated industries.
It is permissible for individuals within the Ummah to establish all or some of these industries to manufacture the necessary weapons. If however, they do not establish them, or they only establish some of them, then the State is obliged to build factories necessary to produce all the weapons and equipment the armed forces need.
Building these factories is one of the obligatory rights upon Bait ul-Mal, whether there are funds in it or not. If funds are present, then they are spent to build these factories. If there are no funds available then the financial obligation transfers to the Ummah. In this case the state introduces a tax in order to raise the necessary funds, irrespective of the amount.
3. Spending on the poor, needy and wayfarers.
This is an obligation whether there are funds in the Bait ul-Mal or not. The expenditure is from the Bait ul-Mal, when there are sufficient funds. If there are no funds in the Bait ul-Mal then the obligation transfers to the Muslims. This is because spending upon the poor, needy and wayfarers has been obliged by Allah (swt) upon the Muslims in the form of Zakat and Sadaqah.
The Messenger of Allah (saw) has narrated from his Lord: “The one who goes to sleep satisfied while he knows that his neighbour next to him is hungry does not believe in me.” [Tabarani]
Therefore, if there are funds available in the Bait ul-Mal to spend on the poor, needy and wayfarers then they are spent on them. If not, the obligation is transferred to the Muslims and the State raises taxes for this purpose such that the required amount of funding is raised.
4. Expenses such as the salaries of soldiers, civil servants, judges, teachers and the like who provide services for the benefit of the Ummah.
Those who provide services for the benefit of the Ummah deserve, in return for providing these services, a wage from the Bait ul-Mal. Spending on their wages is an obligation whether or not there are funds in the Bait ul-Mal. If there are funds available then they are spent upon them. If not, then the obligation is transferred to the Muslims.
This is because Allah (swt) has ordained the authority (Sultan) for the Ummah. He (swt) obliged the Ummah to appoint a Khaeefah whom she pledges allegiance (Bay’ah) to hear and obey according to the Book of Allah and the Sunnah of His Messenger (saw).
The Khaleefah undertakes this authority on the Ummah’s behalf and takes care of her affairs in accordance with the Book and Sunnah. Taking care of her affairs can only be accomplished by establishing the institutions of State, such as: judges, soldiers, teachers and civil servants. Appointing such people requires the payment of compensation and wages. Since Allah (swt) has obliged the Muslims to appoint such people, then He (swt) has also obliged them to pay their compensation and wages by indispensable indication (Dalalat al-Iltizam).
The Messenger of Allah (saw) appointed governors, employees, secretaries and assigned grants (‘Atiyyat) for them. Similarly the Khulafa’a after him appointed governors, officials, judges, secretaries and soldiers, and they assigned grants for them from the Bait ul-Mal.
Funding for these people is therefore taken either from the Bait ul-Mal or by imposing the required taxes on the Muslims where the Bait ul-Mal has insufficient funds for this purpose.
5. Expenses due in the form of services and caring of the Ummah
These expenses are spent on utilities whose existence is considered a necessity (Dharura) such that in their absence harm would result to the Ummah. These utilities could include: public roads, schools, universities, hospitals, mosques, water supplies and similar services.
The right of spending upon these matters is considered obligatory whether or not there are funds in the Bait ul-Mal. If there are funds in the Bait ul-Mal then they are used to establish these utilities. If not, then the obligation to spend upon them is transferred to the Muslims. This is because spending upon them is obligatory upon Muslims, since failure to establish them will result in harm to the Ummah.
Harm must be removed both by the State and the Ummah due to the saying of the Prophet (saw): “It is not allowed to do harm nor to allow being harmed,” and his (saw) saying: “Whoever harms (others) then Allah will harm him, and whoever overburdens them Allah will overburden him.” [Hakim]
However, if the absence of services offered by the State does not harm the Ummah, then it is not obliged to provide them. An example is the opening of a second road or refurbishing it when there is another suitable road available that can meet people’s needs, or building a school, university or hospital when there are others available, or widening streets that don’t necessarily need to be widened.
Another example is the establishment of projects where failure to do so does not result in harm to the Ummah, like mining nickel or building a shipyard to build commercial ships. The State undertakes all these matters only when there are surplus funds in the Bait ul-Mal. If there are no funds in the Bait ul-Mal, then the State does not undertake them nor is it permitted to impose taxes for them. This is because Muslims are not harmed by their absence, therefore establishing them is not obligatory.
This is in contrast to the expenditure on services and utilities where the failure to spend on them results in harm to the Ummah. If there are funds in the Bait ul-Mal, they are spent upon establishing and providing the necessary utilities, if not, the State imposes taxes to raise the necessary amount provide these utilities.
6. Expenditure upon emergencies like famines, earthquakes, floods and enemy attacks
The right of spending on these matters is not linked to the presence of funds in the Bait ul-Mal. Such spending is obligatory irrespective of whether there are funds in the Bait ul-Mal or not. If there are funds in the Bait ul-Mal, then they must be spent immediately whenever these emergencies occur. If there are no funds, then it becomes obligatory upon the Muslims, and the funds have to be collected from them immediately and without delay.
If harm is feared due to any delay, then the State borrows the amount necessary to spend upon these emergencies and then pays back what it borrowed from the money it collected from the Muslims.
The evidence for obliging this upon Muslims is the Hadith: “The one who goes to sleep satisfied while he knows that his neighbour next to him is hungry does not believe in me,” and the Hadith: “Any community, whosoever they are, if a person among them became hungry, they will be removed from the protection of Allah the Blessed, the Supreme.” [Ahmed] This is in relation to famine. As for earthquakes and floods, the evidence for obliging Muslims to spend upon these natural disasters is the obligation of saving the unfortunate ones and removing harm from the Muslims.
These are the interests that Muslims are obliged to spend upon when there are no funds in the Bait ul-Mal, and for which the State has to impose taxes upon Muslims when the permanent sources of revenues of the Bait ul-Mal and the revenues from the protected public properties (Hima), are insufficient.
Wealth Tax
Taxes are levied on the wealth of the Muslims which is in excess of their basic needs and their luxuries according to normal standards of living. Taxes are only collected from those who have surplus wealth and nothing is taken from those who have no surplus wealth. This is because the Messenger of Allah (saw) said: “The best Sadaqah is that given out of richness.”
The richness here means what the person can afford after satisfying his needs.
It was narrated from Jabir that the Messenger of Allah (saw) said: “Start with yourself when giving Sadaqah. If there remains any excess, then to your family. If there remains any excess, then to your relatives. If there remains any excess, then do like this, give those in front of you and those to your right and those to your left.” [Muslim]
He (saw) deferred the obligation of spending upon anyone else until after spending upon oneself. Taxes are similar to this are as they are like financial maintenance and Sadaqah.
Allah (saw) says:
وَيَسْأَلُونَكَ مَاذَا يُنفِقُونَ قُلِ الْعَفْوَ
“They ask you what they should give: say, ‘Give what you can spare.’” [TMQ Al-Baqarah 2:219]
In other words, spending which causes no hardship and which is extra to one’s needs. There is no concept of income tax in Islam as we find in western capitalist countries. Taxes are only levied on excess wealth and not on income.
The State is also not allowed to impose indirect taxes such as sales taxes on goods and services. Nor can it impose taxes in the form of court fees, fees on petitions forwarded to the State, sale or registration of land, buildings or measurements or other types of taxes other than those in the shar’iah. This is because imposing oppressive or illegal taxation is one of the prohibited injustices about which the Messenger of Allah (saw) said: “He who imposes maks (custom duty) would not enter paradise.” [Ad-Darimi, Ahmed and Abu ‘Ubayd]
In western capitalist countries their taxation penalises the poor and vulnerable in society. Clever accounting and offshore Swiss bank accounts ensure the rich in western societies can avoid paying the majority of taxes altogether. In the UK for example, the Queen is one of the richest people in Britain yet she pays no income tax, whereas a poor single mother or an old age pensioner must pay income tax. With regressive taxes like the sales taxes on goods and services these hurt the poor more than the rich since the tax rates are the same for both.
Unfortunately, the Muslim governments today see adopting the western capitalist system as the only way to achieve economic progress. We therefore find the same oppressive taxation introduced into Muslim countries such as the General Sales Tax (GST) in Pakistan.
This is not to mention the endemic corruption where tax revenues are diverted from the State Treasury into the personal bank accounts of the rulers and other government officials.
Taxes in Islam are only collected to raise the amount necessary to cover the deficit in the obligatory expenditure of the Bait ul-Mal. When imposing taxation, no consideration is given to the notion of preventing the increase of wealth, or preventing richness or increasing the revenues of the Bait ul-Mal. Consideration is only given to fulfilling the required expenditure on the obligatory needs and interests on the State.
If any taxes are taken over and above the obligatory expenditure then this is considered a mazlama (injustice). The Court of Unjust Acts (mahkamat ul-mazalim) has the power to investigate any excessive taxation. If after the court’s investigation the tax or tax-rate is deemed to indeed be a mazlama then the court can oblige the State to abolish or lower the tax and return any excess money to the Muslims.
Therefore, the shar’iah has resolved the problem of financing the expenditure on the Ummah’s needs and interests in a 21st century Khilafah.
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Q&A: Giving Zakah for other than basic needs?
The following is a translation from Arabic.بسم الله الرحمن الرحيم
Question:
It has been said in our books that a poor person is one who does not have sufficient resources to satisfy his basic needs (food, clothing and shelter) and zakat can be paid to him. But there are other needs which are almost similar to the basic needs and the Islamic State used to fulfill such needy persons from the bait ul maal of the Muslims like education, marriage assistance, medical treatment etc… In these times, we do not have an Islamic State that fulfills such needs, hence the question is:
Is it possible to pay for such needs from zakat under?
1. Non-existence of an Islamic State to cover such needs.
2. Certain jurists (Fuqaha) have permitted this under specific conditions.
3. These needs are not novelty or luxury needs but are similar to basic needs.
Then, if we were to follow the jurists’ opinion, would we be violating from the adoption?Answer:
When we defined a needy person (faqeer), who can be paid from zakat, we defined him as one who does not have resources to fulfill his basic needs. This was based upon evidences and described in the book “The Economic System” page 213 lines 4-13 (Arabic version), therein we said: “
Islam considers poverty as one matter for a man in any country and any generation. Poverty in the view of Islam, is the non-satisfaction of the basic needs in a complete way. Shar’a has defined these basic needs in three things, which are food, clothing and accommodation.
Allah (swt) said:
{وَعلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ لاَ تُكَلَّفُ نَفْسٌ إِلاَّ وُسْعَهَا لاَ تُضَآرَّ وَالِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ وَعَلَى الْوَارِثِ مِثْلُ ذَلِكَ }
“but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis. No person shall have a burden laid on him greater than he can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. And on the (father’s) heir is incumbent the like of that (which was incumbent on the father)”. [TMQ al-Baqarah: 233]
And Allah (swt) said:
{أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ }
“Lodge them (the divorced women) where you dwell, according to your means,” [TMQ at Talaaq: 06]
Ibn Majah narrated from Abu Al-Ahwass that he said, The Messenger of Allah said:
«ألا وحقهن عليكم أن تحسنوا إليهن في كسوتهن وطعامهن»
“Beware! Their right upon you is to provide them their clothes and food seemly.” This indicates that the basic needs, whose non-satisfaction is considered as poverty, are food, clothing and accommodation.
Also in the book “The Funds in the Khilafah State”, page 197 lines 10-13 (Arabic versions) we said:
The needy persons are those income is not sufficient to fulfill their basic needs of food, clothing and shelter. So a persons who earns less than what is required to fulfill his basic needs, is considered to be a needy person and is allowed to be given from sadaqah and is permitted to accept it.
And this is our preferred position on the issue.
As for the questioner’s statement that since an Islamic State does not exist to pay for these needs, yes indeed there is no Islamic State, but there are Muslims. The correct position is that the Muslims pay such needy persons from their wealth and not from their zakat, while paying the zakat to the poor persons for their basic needs. They must pay form their excess wealth to such persons to cover their above mentioned requirements (education, marriage assistance, medical treatment).
As for this being in violation of the adoption, if the questioner follows the opinion of the faqeeh or mujtahid and pays from his zakat to pay for these non-basic needs (education, marriage assistance, medical treatment), thereby reducing from zakat to pay for the basic needs (food, clothing and shelter), then yes indeed it is a violation of the adopted position. But we do not administratively penalise on such violation. Thus a persons who follows the opinion of a preferred faqeeh or mujtahid to pay from his zakat for non-basic needs (education, marriage assistance, medical treatment), we do not administratively penalise him, his actions are with Allah (swt) to account for.
13th Muharram 1429 A.H
21st January, 2008 C.E -
Zakah when there is no Islamic State?
Question:
It has been said in our books that a poor person is one who does not have sufficient resources to satisfy his basic needs (food, clothing and shelter) and zakat can be paid to him. But there are other needs which are almost similar to the basic needs and the Islamic State used to fulfill such needy persons from the bait ul maal of the Muslims like education, marriage assistance, medical treatment etc… In these times, we do not have an Islamic State that fulfills such needs, hence the question is:
Is it possible to pay for such needs from zakat under?
1. Non-existence of an Islamic State to cover such needs.
2. Certain jurists (Fuqaha) have permitted this under specific conditions.
3. These needs are not novelty or luxury needs but are similar to basic needs.
Then, if we were to follow the jurists’ opinion, would we be violating from the adoption?
Answer:
When we defined a needy person (faqeer), who can be paid from zakat, we defined him as one who does not have resources to fulfill his basic needs. This was based upon evidences and described in the book “The Economic System” page 213 lines 4-13 (Arabic version), therein we said: “
Islam considers poverty as one matter for a man in any country and any generation. Poverty in the view of Islam, is the non-satisfaction of the basic needs in a complete way. Shar’a has defined these basic needs in three things, which are food, clothing and accommodation.
Allah سبحانه وتعالى said:
وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ لاَ تُكَلَّفُ نَفْسٌ إِلاَّ وُسْعَهَا لاَ تُضَارَّ وَالِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَهُ بِوَلَدِهِ وَعَلَى الْوَارِثِ مِثْلُ ذَلِكَ
“but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis. No person shall have a burden laid on him greater than he can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. And on the (father’s) heir is incumbent the like of that (which was incumbent on the father)”. [Surah al-Baqarah 2:233]
And Allah سبحانه وتعالى said:
أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُمْ مِنْ وُجْدِكُمْ
“Lodge them (the divorced women) where you dwell, according to your means,” [Surah at-Talaaq 65:6]
Ibn Majah narrated from Abu Al-Ahwass that he said, RasulAllah سلم و عليه الله صلى said,
أَلَا وَحَقُّهُنَّ عَلَيْكُمْ أَنْ تُحْسِنُوا إِلَيْهِنَّ فِي كِسْوَتِهِنَّ وَطَعَامِهِنَّ
“Beware! Their right upon you is to provide them their clothes and food seemly.” This indicates that the basic needs, whose non-satisfaction is considered as poverty, are food, clothing and accommodation.
Also in the book “The Funds in the Khilafah State”, page 197 lines 10-13 (Arabic versions) we said:
“The needy persons are those income is not sufficient to fulfill their basic needs of food, clothing and shelter. So a persons who earns less than what is required to fulfill his basic needs, is considered to be a needy person and is allowed to be given from sadaqah and is permitted to accept it.”
And this is our preferred position on the issue.
As for the questioner’s statement that since an Islamic State does not exist to pay for these needs, yes indeed there is no Islamic State, but there are Muslims. The correct position is that the Muslims pay such needy persons from their wealth and not from their zakat, while paying the zakat to the poor persons for their basic needs. They must pay form their excess wealth to such persons to cover their above mentioned requirements (education, marriage assistance, medical treatment).
As for this being in violation of the adoption, if the questioner follows the opinion of the faqeeh or mujtahid and pays from his zakat to pay for these non-basic needs (education, marriage assistance, medical treatment), thereby reducing from zakat to pay for the basic needs (food, clothing and shelter), then yes indeed it is a violation of the adopted position. But we do not administratively penalise on such violation. Thus a person who follows the opinion of a preferred faqeeh or mujtahid to pay from his zakat for non-basic needs (education, marriage assistance, medical treatment), we do not administratively penalise him, his actions are with Allah سبحانه وتعالى to account for.
13th Muharram 1429 A.H
21st January, 2008 C.E
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Make Ramadhan the Month of Victory again
O Muslims! Make Ramadhan the month of victory again by re-establishing the Khilafah
Alhamdulillah, the blessed month of Ramadhan is upon the Muslims again. Ramadhan is the month within which al-Quran al-Kareem was sent down from Lauh al-Mahfooz to Bayt ul-Izza. It is the month within which there is a night, Laylut al-Qadr, which is better than a thousand months for those who witness it in worship. And it is the month in which Allah سبحانه وتعالى commands the Muslims to fast, ties up the Shayateen, locks the gates of Hell and opens the gate of Heaven, allowing the Muslims to raise themselves in piety and draw strength from their Lord, Al-Qawwy, Al-Azeem.
Previous generations of Muslims, in the period of ruling by the Book of Allah سبحانه وتعالى, drew from the abundant blessings of Ramadhan to achieve victory over the kuffar. Under the leadership of RasulAllah صلى الله عليه وسلم the Islamic State defeated the leading tribe amongst the Arabs, the Quray’sh, at the battle of Badr. This was despite the fact that the Islamic State’s army was small in number, poorly equipped and outnumbered three-fold by a powerful and experienced adversary. Allah سبحانه وتعالى said,
وَلَقَدْ نَصَرَكُمْ اللَّهُ بِبَدْرٍ وَأَنْتُمْ أَذِلَّةٌ فَاتَّقُوا اللَّهَ لَعَلَّكُمْ تَشْكُرُونَ
“And Allah already helped you in Badr when you were a weak little force. So fear Allah and be grateful to him.” [Surah Aali-Imran 3:123]
Also, during Ramadhan, the Islamic State undertook the Opening of Makkah (Fatah Makkah) that finally brought the Qur’aysh under the Islamic authority, ending their tyranny over others and paved the way for the rapid expansion of the Islamic State throughout the lands. After the Opening of Makkah, Allah سبحانه وتعالى said,
إِذَا جَاءَ نَصْرُ اللَّهِ وَالْفَتْحُ
وَرَأَيْتَ النَّاسَ يَدْخُلُونَ فِي دِينِ اللَّهِ أَفْوَاجًا“When the Help and Victory of Allah comes. And you see the people enter in droves into Islam.” [Surah An-Nasr 110:1-2]
And in the centuries of Islamic rule after the era of RasulAllah صلى الله عليه وسلم and the Khulafa’a Rashida رضوان الله عليهم, the Islamic Khilafah State achieved major victories during Ramadhan whilst facing formidable enemies. The Muslims succeeded in expelling the occupying Crusaders from Ash-Sham even though they had settled on some parts of it for well over a century. The Muslims prevailed over the barbaric Tartars at Ein Jaloot, even though they had reigned terrible destruction upon the Muslims before.
So, whilst the Muslims ruled by Islam, with their affairs governed by all that Allah سبحانه وتعالى has revealed, Ramadhan was the month of victory over the enemies of Islam and Muslims. However, this Ramadhan, without the Islamic Khilafah State, the Ummah faces subjugation by the kuffar in almost every sphere of life.
This Ramadhan the Muslims count their dead as the kuffar nations enforce their occupation of Muslims Lands in Afghanistan, Iraq, Palestine and Kashmir. This Ramadhan, the armies of the Muslims are withheld from helping the Muslims but are sent without hesitation to protect the kuffar from the Muslims. This Ramadhan, the Muslims face an onslaught against their most precious possession, their deen, as the Western colonialists spread corrupt Western culture through reforming the education syllabuses as well as through the media and advertising. And this Ramadhan, Muslims face mounting hardships as the Western colonialists exploit the immense resources of the Ummah.
So, despite the fact that the Ummah is a giant in terms of its lands, material resources, population and armies and its greatest asset, the one true deen, Islam, it lies in humiliation before the kuffar. This matter was inevitable because without the Islamic Khilafah State, politics and ruling are no longer about ordering the Ma’roof (Good) and forbidding the Munkar (Evil). Instead politics and ruling have been reduced to ordering what the colonialists desire and forbidding what the colonialists detest. Politics is no longer about looking after the affairs of the Muslims by seeking the good pleasure of Allah سبحانه وتعالى. Instead politics has been sullied into to a cheap competition to please the colonialists, between the current rulers and those who seek to succeed them in ruling.
O Muslims of Pakistan!
This Ramadhan, with the Ummah suffering immensely due to the mischief of the kuffar, you must not be satisfied by turning to Allah سبحانه وتعالى through prayer and fasting alone. Rather you must also work to implement the deen of Allah سبحانه وتعالى on the earth and ensure its dominance over all other ways of life by re-establishing the Islamic Khilafah State, so that Ramadhan witnesses victory after victory again. The work to change the current corrupt rulers and re-establish the Khilafah in their place is not just a matter of life and death, it is an obligation from Allah سبحانه وتعالى. If the Muslims did not perform this duty, it would be an acceptance of the many sins of the rulers. The situation of the Muslims will become worse in the Dunya and they will deserve the punishment in the Aakhira. RasulAllah صلى الله عليه وسلم said,
إِنَّ اللَّهَ عَزَّ وَجَلَّ لَا يُعَذِّبُ الْعَامَّةَ بِعَمَلِ الْخَاصَّةِ حَتَّى يَرَوْا الْمُنْكَرَ بَيْنَ ظَهْرَانَيْهِمْ وَهُمْ قَادِرُونَ عَلَى أَنْ يُنْكِرُوهُ فَلَا يُنْكِرُوهُ فَإِذَا فَعَلُوا ذَلِكَ عَذَّبَ اللَّهُ الْخَاصَّةَ وَالْعَامَّةَ
“Allah will not punish the common people due to the work of specific people, until they see the munkar amongst themselves and they were able to forbid it but they did not do that. If they did that Allah will punish the specific people and the common people.” (Ahmad)
So, benefit fully from the blessings of Ramadhan. Turn to Allah سبحانه وتعالى by intensifying your struggle against the corrupt rulers and re-establish the Khilafah in their place. Only the Khilafah will re-establish Islam as an authority that would protect the Muslims and their deen and strike fear into the hearts of the enemies. And know that Allah سبحانه وتعالى has promised you victory if you are true to Him alone. Allah سبحانه وتعالى says,
وَلاَ تَهِنُوا وَلاَ تَحْزَنُوا وَأَنْتُمْ الأَعْلَوْنَ إِنْ كُنْتُمْ مُؤْمِنِينَ
“So do not become weak, nor be sad, and you will be superior (in victory) if you are indeed (true) believers.” [Surah Aali-Imran 3:139]
Hizb ut-Tahrir
14 September 2007
Wilayah Pakistan -
A to Z of Ramadhan
The Obligation of Fasting
It is only when Allah (swt) revealed the Ayah, “O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that they may learn self restraint”, (2: 183) fasting was made obligatory.
Another Ayah that emphasizes this obligation is: “Ramadan is the month in which we sent down the Quran, as a guide to mankind, also clear (signs) for guidance and Judgment (Between right and wrong). So every one of you who is present (at his home) during the month should spend it in fasting, but if any one is ill or on a journey, the prescribed period (should be made up) by days later. Allah intends every facility for you; he dose not want to put you difficulties. (He wants you) to complete the prescribed period, and glorify Him in that he has guided you; and perchance ye shall be grateful”. (2: 185)
Was there any fasting before fasting in Ramadan became an obligation question?
The Messenger (saw) used to fast in the day of Ashura when he was in Mecca, as narrated by Bukhari. Then he continued fasting and ordered the Muslims to fast in Al-Medina. He later on made it as merely (Mandub) rather than an obligation (fard). Also, Imam Ahmed in his Musnad narrated that the messenger (saw) used to fast three days in every month upon arriving in Al-Medina.
The Reward for Fasting:
Since fasting is an act of worship between the slave and the creator and no one knows about it but Allah, the reward is not as any reward for normal acts of worship. The only one who knows about the reward is Allah (swt). The Messenger (saw) says, telling about Allah, “Every act taken by the son of Adam is done for him except fasting, it is for me and I make the reward”, (Bukhari)
Fasting stops the Muslim from Sinning:
Fasting is a shield that protects the fasting person form sinning. Disobeying and bad language. The messenger of Allah (saw) says, “Fasting is a shield. Thus while fasting you must not use foul language or act like those of ignorance (screaming, attacking others, etc), or speak loudly”. (Bukhari)
Furthermore, fasting Muslim is ordered not to retaliate if someone hurts him. The Messenger (saw) says, “And if somebody fights him or curses him he Should say, I fasting twice”. ( Bukhari)
The smell of the Fasting persons mouth:
It is strange that the smell of the mouth of the person who is fasting is disliked by the people but greatly liked by Allah (swt). Bukhari Narrates that the Messenger(saw) said: “By the one who has my soul in his hands, the smell of the mouth of the fasting person is better for Allah than the smell of musk”.
Special Gate in Al-Jannah for those who Fast:
Allah (swt) blesses those who fast and honors them, so much that He made a special gate in Al-Jannah. No one else uses this gate but them. The Messenger of Allah (saw) says, ” There is a gate in Al-Jannah called Ar-Rayyan which those who fast enter from on the day of judgment. And no one else enters from it. Once they enter from it, it is closed, and nobody else enters from it.” (Bukhari)
In Ramadan Gates of Goodness are Open and Gates of Evil are Closed:
For sure, the month of Ramadan is the best of months. Worship in this month is more rewarding than in other months. Upon the arrival of the month,
” The gates of Jannah and the Heavens are opened. The gates of hell are closed and devils are chained. ” (Bukhari)
Chaining the devils means stopping the source of evil. Thus, it is no wonder that many people return to Allah in this month after going astray.Due to Fasting Previous Sins Are Forgiven:
It is enough incentive for the Muslims to hear the following hadith to rush into obedience of Allah, “Whoever fasts in the month of Ramadan purely because of his faith and sincerity all of his/her previous sins will be forgiven.”
Forgiveness has two conditions:
We have to pay close attention to the saying of the Messenger (saw), ” Purely because of faith and sincerity.” It is those two conditions that differentiate between a regular habit and an act of worship. Thus, the one who fasts as a matter of habit or without sincerity, his/her fasting will no good. The Messenger of Allah (saw) said, “Whosoever does not saying and acting upon falsehood, Allah is in no need for him/her to abandon his/her food ” (Bukhari).
On the other hand, there is glad tidings for those who fast out of sincerity. The Messenger (saws) said, “There are two occasions for the fasting person where he/she will be happy. He/she will be happy when breaking the fast and will be happy, when he/she meets his/her lord.” (Bukhari)
The Intention is A Requirement for Fasting.
The intention is, indeed, differentiates an act of worship from an act of habit or an accident. For example, the person who abstains from eating, drinking, and sexual intercourse from Fajr till sunset for health reasons rather than for worshipping Allah the supreme is not considered to be fasting not Islamically and consequently will not be rewarded by Allah (swt). Therefor, the person who wants to fast must have the pure intention for doing that action only to please Allah (swt). Contrary, to the common misunder-standing, the intention need not be said by the tongue, for the intention is act of the heart. Moreover, the intention must be settled in the heart before Fajr. Al-Tirmithi and An-Nas’i narrated that the Messenger of Allah (saw) said, “Who does not intend to fast from nighttime, he/she has no fast (not accepted).” So the heart must be set on fasting the next day. Waking up for suhur is also sufficient to be considered as an intention.
There Is Blessing in suhur:
Surely, Suhur is sunnah. The Messenger (saw) said, ” have Suhur, for in suhur there is blessing. ” (Muslim)
It is also preferred to delay Suhur for the saying of the Messenger (saw), “my Ummah will be in good condition as long as they delay Suhur and rush in breaking fast” (Ahmed). In addition, Suhur is what differentiates our fast from that of the people of the book. The Prophet (saw) said, ” the difference between our fast and that of the people of the book is the meal of Suhur.” (Muslim).
The Best Things To Keep Us Busy In Ramadan:
Once the fasting Muslim has just left his/her food and drink for the sake of Allah (swt) prohibited. So he/she would not curse, use foul language, harm people , talk nonsense, etc. Thus, the best the fasting person should keep him/herself busy with is the remembrance of Allah, attend sessions of knowledge, read Quran, and spend in the path of Allah, etc.
If Someone Eats Or Drinks, Forgetfully, Then he/she Completes The Day Of Fasting:
It is natural for the human being to make mistakes and even sin, for human beings are created weak imperfect. Allah (swt) says, “And man was created weak.” Consequently, the fasting Muslim can make a mistake by forgetfully eating or drinking. In this case he/she is not sinning. This is so because of the saying of Messenger of Allah (swt), “Allah has forgiven mistakes, forgetfulness, and what is due to compulsion from my Ummah.” Therefore, the fast for that person is still valid. The Messenger of Allah (saw) says, “If he forgets and eats and drinks, then he should complete his fast. It was Allah who fed him and gave him the drink.” (Bukhari).
As for the person who’s overcome by his /her desires and thus breaks fast deliberately, he/she has committed a great sin. If he breaks fast by sexual intercourse, then he must make it up as explained in the following hadith by Bukhari: Abu Huraira said, “While sitting with the messenger of Allah (saw), ‘O Messenger of Allah I destroyed myself and destroyed my family also.” He said, “What is the matter ?” He said,” I had sex with my wife in Ramadan.” The Messenger of Allah (saw) asked, “Do you have a neck (slave) to free. He said, “No”. He said, ” Can you fast two months consecutively ?” He said, “No”. He said. Can you feed sixty poor people?” He said, “No”. After a while a branch of dates was brought to the Messenger (saw). He (the Messenger) said, “Where is the questioner?” He said, “Here I am.” He said, “Take this and give it as charity.” He said, “To someone poorer than me, O messenger of Allah? By Allah there is no family poorer than my family.”
The prophet (saw) laughed till his molar teeth could be seen and said, “Feed it to your family. “This is with regard to sexual intercourse, but with regard to anything less than intercourse, it is permissible.” Bukhari narrated that Aisha (raa) said, The prophet of Allah (saw) used to kiss and touch while fasting,” It is also permissible to have sexual intercourse at nighttime and delay Ghusul (Shar’ii faith) till after Fajr. “Aisha (ra) said that the prophet (saw) used to take Ghusal form janabah after Fajr in Ramadan and fast.” (Bukhari). In addition, it is allowed for the fasting person to rinse the mouth (if some water mistakenly enters the mouth it is still valid), take a bath, wear perfume, use Kohl, and use Miswak.
Permission To Break Fast In Travelling and Sickness:
Allah (swt) permitted us to break fast in travelling and in sickness on the condition that we make it up later on. “And for those who are sick or travelling, then (the prescribed period should be made up) other days.” This is by the mercy of Allah (swt). If the traveller finds himself/herself able to fast and prefers to do so, it is allowed. Bukhari narrated that Hamza bin Amru said to the prophet (saw), “Should I fast while travelling?” (He used to fast often). He said, “if you wish, fast, and if you wish break fast.” In the case of jihad, however, the Messenger (saw) used to obligate his companions to break fast when they were about to meet the enemy. The Messenger (saw) said, “You are meeting your enemy tomorrow, and breaking fast will make you stronger, so break your fast.”
Does Any Travel or Sickness Constitute Breaking the Fast?
It is only the sickness, that fasting will delay its recovery or worsen it, that permits the person to break the fast. But, the one that is not affected by the fast is not a legitimate excuse. Also it is the allowed kind of travel that breaking fast is allowed in not the haram one.
Fasting In Modern Transportation:
Some might think it is better not to break fast nowadays when travelling is easier. For those we recite the Ayah, “And your lord is not forgetful.” The Islamic laws are for all times and all places and they are put by the most knowledgeable about the past, present and future. Therefore, we can not make rules our minds and desires while we have a clear and true guidance from Allah.
The Menstruation and the Post-Childbirth Bleeding:
Women in either of these conditions are obligated to break fast until they become pure again. The Messenger (swt)said,
“Is it not that she does not fast nor pray during her menstruation period?” (Bukhari). They should make up for the missed days of fasting after Ramadan.The Pregnant and the Breast Feeding Women:
If a women is pregnant or breast feeds and she thinks she or her baby will suffer if she fasts, or she merely feels hardship in fasting, then she can break fast, but must make up the missed days. The Messenger of Allah (swt) said, “Allah takes away half of the salah from the traveler, the breast feeding women and the pregnant women “. (Abu Dawud).
The Elderly and the Incurable sick:
Both cases are in the category of the sick, except the elderly and the incurable do not have to make up the days that they have missed, for they are unable to do so, Nonetheless, they have to feed one poor person as Bukhari narrated about the action of Anas.
The fasting of Children and Teaching Them Manners:
It is a fact only those who are above the age of puberty and sane are addressed by Shari’ah. It is important, however, for the parents to take care of their children from an early age, rise them to be able to live Islamically, to love the rules of Islam, and to be consistent in performing them. The Messenger (swt) said, “Order your children to pray when they are seven years of age, beat them for it when they are ten years of age, and separate them in their beds”.(Abu Daud).
The Messenger of Allah (swt) and his companions used to do that. And Prophet Mohammed (swt) saw the children eating improperly, with him, he told the boy, “Boy! Say in the name of Allah (Bismillah), eat with your right hand, and eat from that which is in front of you”. The effect of this lesson on this lesson on this little child lasted all his life. Bukhari narrated that the child said, “I have been eating as he ordered me since”. Also Bukhari narrates that Ar-rabiia, the daughter of muawath (Raa) said, “We used to make our children fast and make their toys out of wool. If any of them cried because of hunger, we would give them toy till the time to breakfast”.
O, Muslims your children are trust which you will be questioned for. Teach them Islam, let them know that Allah and his Messenger, teach them to pray and fast and get them used to doing it properly. Teach them Quran, to read it and understand it. Make sure that they are in a relationship with Allah. That is not only good for them, but it is better and good for you in this life and hereafter. “O Believers, protect yourselves and your families from the hell fire which has humans and stones as its fuel”.
Salatul-Tarawih:
Abu Huraira said, “I heard the messenger of Allah (saw) say, “The one who does qiam in Ramadan with faith and sincerity, all his/her sins will be forgiven”.
May Allah azza wajaal accept our Siyaam, Salah, Nawafil, Taraweeh, Adhkar, Sadakat, and all efforts by helping others inshAllah
References:
*AL Fiqh ala Madhahib al Arba-Vol 1 pg 550-Imam Juzauri
*Al Maju’a Vol 6 pg 274 Imam Nawawi
*Bidaet Al Mujtahid Vol 1 pg 287 ibn Rushid
*Nail al Awtar Vol 4 pg 267 Imam Shawkani
*Al Mughni Vol 6 pg88 Imam Maqdasi -
Ramadhan: Past & Present
The following is a transcript delivered on this subject some time ago.
شَهْرُ رَمَضَانَ الَّذِيَ أُنزِلَ فِيهِ الْقُرْآنُ هُدًى لِّلنَّاسِوَبَيِّنَاتٍ مِّنَ الْهُدَى وَالْفُرْقَانِ
Allah (swt) says, “The month of Ramadhan in which was revealed the Qur’an, a guidance for mankind and clear proofs for the guidance and Al-Furqan.” [TMQ-Al-Baqarah: 185]“Oh you who believe! Fasting is prescribed to you as it was prescribed to those before you, that you many gain Taqwa” [TMQ 2:183]
¨ Today I am going to discuss another element related to Ramadhan, the history of Ramadhan – what key events took place in the past during this blessed month, during the life of the Prophet (saw) and the generations that followed him.
¨ Many of us may know that Ramadhan is a month of blessing, a month of reward, a month of fasting. However many of us may be unaware of that Ramadhan was a month of victory for the Muslims in the past and a month when many battles and conquests took place.
First Revelation
¨ The most significant event that took place during Ramadhan is the fact that the first revelation of the Quran came to Prophet Muhammad (saw) whilst he was in the cave in Mount Hira when the Angel Jibrael came to him with the first five ayat of Surat Al-Alaq. Allah (swt) revealed:
“Read: In the name of your Lord who created, Created man from a clot.” [TMQ 92:1-2]
¨ The Quran was revealed on Lail at al-Qadr (the night of power), a night upon which Allah (swt) made the reward of he who spends that night in prayer and total devotion to Allah (swt), forgiveness for all his past sins.
“Verily! We have sent it down in the night of Al-Qadr. And what will make you know what the night of Al-Qadr is. The night of Al-Qadr is better than a thousand months” [TMQ:Al-Qadr: 1-3]
¨ A night upon which Allah (swt) made the reward of he who spends that night in prayer and total devotion to Allah (swt), forgiveness for all his past sins.
¨ Imam Bukhari narrated on the authority of Abu Hurairah that the Messenger of Allah (saw) said “He who spends the night of Al-Qadr praying in total devotion, his past sins will be forgiven”.
· It was from this very first day that the Prophet (saw) realised that this message was not a light message for the people, was nor a mere ritualistic message like that of the Christians and the Jews at his time. He realised that this guidance wasn’t confined to Arabia or to any piece of land nor was it a message in compliance with the prevailing systems and authority of the day.
· Rather He (saw) realised that the message of Islam came to dominate over all other Deen’s or ways of life. As Allah (swt) said in Quran:
“It is He who sent His Messenger with guidance and the Deen of truth, to make it superior over all Deen’s (ways of life) even though the Mushrikeern (polytheists) hate it.” [TMQ 9:33]
· It was in this month that the Prophet returned home after receiving the first revelation, saying to his wife Khadija “After this day there is no more rest!”
· And we all remember in this blessed month how He (saw) struggled against the tyrants of Makkah attacking there false gods and systems until he managed to establish an authority in Madina which implemented Allah’s systems on this earth, which came to be known as Dar ul Hijra.
· After this the Prophet (saw) and the Muslims were no longer in a position of weakness rather they were transformed into a position of authority and strength.
Battle of Badr
· And we all remember how it was in this blessed month in the second year after the Hijra on a Friday morning on the 17th of Ramadhan that that Prophet (saw) led the famous Battle of Badr in which the Muslims were outnumbered 3 to 1, where just over 300 believers defeated an army of over 900 Kuffar. When the Quraysh were humiliated and the Muslims were victorious.¨ In the second year after the Hijra on the 8th of Ramadhan the Prophet (saw) left Madina with three hundred and five of his companions mounted on seventy camels. They rode the camels in turn heading towards a caravan led by Abu Sufyan, who was a leader of the Quraysh Kuffar.
¨ The Quraysh came out to protect their caravan, so the Prophet (saw) consulted the Muslims on what to do. Abu Bakr (ra) followed then by ‘Umar (ra) voiced their opinions respectively, then al-Miqdad ibn ‘Amr (ra) arose and said, “O Messenger of Allah! Go where Allah tells you, for we are with you. We shall not say as the children of Israel said to Moses ‘You and your Lord go and fight and we will stay at home’, but you and your Lord go and fight and we will fight with you.”
¨ The Muslims then went silent, and he (saw) said, “Give me advice O men!” by which he meant the Ansar who had paid allegiance to him at al-’Aqabah. They had pledged to protect him as they protected their wives and children. When the Ansar sensed that he (saw) meant them, Sa’ad ibn Mu’adh (ra) who was holding their banner said, “It seems as if you mean us, O Messenger of Allah.” He (saw) said, “Yes.” Sa’ad said, “We believe in you, we declare your truth, and we witness that what you have brought us is the truth, and we have given you our word and agreement to hear and obey; so go where you wish, we are with you; and by He who sent you, if you were to ask us to cross this sea and you plunged into it, we would plunge into it with you; not a man would stay behind. We do not dislike the idea of meeting our enemy tomorrow. We are experienced in war, trustworthy in combat. It may well be that Allah will let us show you something which will bring you joy, so take us along with Allah’s blessing.” The Messenger of Allah (saw) was delighted with Sa’ad’s words and said, “Forward in good heart, for Allah had promised me one of the two parties, and by Allah, it is as though I now saw the enemy lying prostrate.”
¨ Then the two sides advanced and drew near each other on Friday morning on the 17th of Ramadhan. The Messenger of Allah (saw) straightened the ranks and incited the Muslims to fight. The Muslims were encouraged by the words of Allah’s Messenger (saw) and went forward. The fighting broke out fiercely and the Muslims become stronger all the time chanting ‘Ahad! Ahad!’ (The One, the One). Allah’s Messenger (saw) whilst standing in the midst of the confrontation took a handful of pebbles and threw them at Quraish saying, “Foul be those faces!” Then he (saw) ordered his companions to charge and they duly obliged until the battle was over, and the foe was routed. The Muslims emerged victorious despite being outnumbered three to one. The Quraish fled the battlefield and the Muslims returned to Madinah having achieved a truly great victory.
Conquest of Makkah
· We should know that it was in this month of reward in the 8th year after Hijra on the 20th of Ramadhan that the Prophet (saw) returned to Makkah not as the ruled but as the ruler in the conquest of Makkah (Fath ul Makkah), when he took it under the authority of Islam. Makkah was conquered without a battle. He entered Makkah and treated the people justly. He (saw) personally entered the Ka’ba pointed to the idols with the his stick and recited the verse:“The Truth has come and the falsehood has passed away; verily falsehood is sure to pass away” [TMQ 17:81]
· After which all the idols which the Quraysh used to worship collapsed onto their backs, one after the other, then they were burnt broken up and disposed of.
· Thus Makkah was completely conquered and as a result the main obstacle standing in the way of the Islamic Da’wa had finally been overcome.
· Indeed it was also in this grand month 8 years after the Hijra that the Prophet (saw) destroyed the Masjid al Diraar which was the mosque of the hypocrites.
· And we all know how the Ramadhan’s that followed were under the rule of Islam. Even after the death of the Prophet (saw) the Khulafah, the rulers of the Muslims upheld the banner of Islam and the Muslims fought in the cause in Allah.
Conquest of Spain
¨ 92 A.H. Ninety-two years after the Hijrah, Islam had spread across North Africa, Iran, Afghanistan, Yemen and Syria. Spain was under the tyrannical rule of King Roderic of the Visigoths. Musa ibn Husair, the Muslim governor of North Africa, responded by sending his courageous general Tariq ibn Ziyad at the head of 12,000 troops. In Ramadhan of that year, they were confronted with an army led by Roderic, himself, who was seated on a throne of ivory silver, and precious gems, drawn by white mules. After burning his boats, Tariq motivated the Muslims warning them that and Paradise lay ahead of them and defeat and the sea to the rear. They burst with great enthusiasm and Allah (SWT) manifested a clear victory over the forces of disbelief. Not only were Roderic and his forces completely annihilated, but Tariq and Musa succeeded in liberating whole of Spain, Sicily and parts of France. This was the begining of the Golden Age of Al-Andalus where Muslims ruled for over 700 years.· It was also in this month of fasting when Al-Mu’tasim billah from Abbasids was the Khaleefah, one Muslim women was dishonoured by the Romans and he vowed not to break his fast until they were destroyed and he led the army which destroyed their town
Battle of Ain Jaloot
¨ It was also on Friday, 25 Ramadhan 658 A.H. that the Muslims defeated the Mongols in the battle of Ain Jalut, led by Saifuddin Qutz. Qutz told his army to wait until they finished the Friday prayers (Jummah Salah), “Do not fight them until it is sunset and the shadows appear and the winds stir, and the preachers and people start to implore Allah for us in their prayers”, and thereafter the fighting began. Jullanar, the wife of Qutz, was killed during the battle. He rushed towards her saying, “Oh my beloved one”. She told him while uttering her last breath, “Do not say that, and care more for Islam.” Her soul left her body after telling her husband that the Jihad for the sake of Allah and Islam is more important than love and personal relations. Qutz stood up saying “Islamah…Islamah”. The whole army repeated that word after him until they achieved their victory.
· It was also in this month of sacrifice in 1187 (CE) that Salahaddin Ayyubi defeated the Crusaders. On this day the Muslims virtually routed all the local Crusader forces capable of defending the Crusaders establishment in the Near East. With a 12,000 strong cavalry they defeated the Crusaders and re-took al-Quds back into its rightful hands.
· I have mentioned many of the victories which occurred to the Muslims in the past during the month of Ramadhan.
· If we look at the situation of the Muslim Ummah today in this Ramadhan or the Ramadhan’s previous to this for many years, we see the situation is very different. Today we see many of the Muslims of Iraq spending Ramadhan being bombarded whilst we break our fasts here with dates and good food, many of them remain hungry and have nothing to break their fasts with. Some of you may have even seen the documentaries and news programmes on the televisions or seen pictures in the newspapers of how the Muslims are being killed.
· However we need to ask the question: What has changed? This is the comparison we need to make between Badr and Iraq.
· Between Fath al Makkah (the opening of Makkah) and the occupation of the land in which the Ka’ba resides by the American troops today.
· This is the comparison we need to make between the destruction of the idols like Lat and Uzza by the hands of the Prophet in the month of Ramadhan and the implanting of the modern day idols of Capitalism in our lands today.
· This is the comparison we need to comprehend between the destruction of Masjid al Diraar, the mosque of the hypocrites in Ramadhan by the Prophet (saw) to the establishment of the hypocrites as rulers over us today.
· Between the destruction of the Crusaders and the regaining of al-Quds by Salahuddin Ayyubi in the month of Ramadhan to the giving of al-Quds to the modern Crusaders today.
· The comparison between the saving of the honour of the woman by al-Mu’tasim to the dishonouring of women in the Islamic lands today
· Indeed it is not enough for us as an Ummah to witness the multitude of problems that exists amongst us today rather we must understand the cause for these problems.
¨ The cause of this difference between the Ramadhan today and those victorious Ramadhan’s in the past is not difficult to understand, it is simply due to the absence of the Quran that Allah (swt) revealed as a guidance as al-Furqan (criterion) from implementation. Allah (swt) reveal the Quran to be left aside gathering dust on peoples shelves, rather he revealed it for it to be implemented on the people – so that they govern they lives by it and rule by it. In the past under the Islamic Khilafah, the rulers ruled by the Shariah contained in the Quran, today the rulers rule for their own interests and for the interests of the Kuffar.
¨ The Quran contains a complete Shariah covering all elements of life and if we do not implement it then we will face problems in all elements of life. It is impossible to implement the Quran without implementing it on the level of a state as many of ahkam (rules) contained in the Quran are to do with societal issues. When we listen to the Quran being read in the Taraweeh salah or when we read the Quran, we should look to the meaning of the ayat that we are reading.
¨ Allah (swt) tells us about the rules of fasting, the rules of buying and selling, the rules of marriage and divorce, the rules of how to appoint a ruler, the rules of the types of judges in Islam, the rules of collecting and distributing the Zakat, the rules of how to account the ruler, the ahkam of Jihad, the ahkam of the Masjid, the ahkam of punishing the theifs or adulterers. All of these are examples of rules contained in the Quran & in the Sunnah, so why is it that Muslims see these rules differently or only focus on the individual ones which you can easily perform by yourself and leave the rest?
¨ We must take the Quran as a whole and Islam as a whole, the Prophet (saw) told us that he has left 2 things that if we stick to we will not go astray, the Quran and the Sunnah. He (saw) said:
«إن الله يرفع بهذا الكتاب أقواماً ويضع به آخرين».
“Verily Allah raises some people by this Book and lowers others by it.” [Reported by Muslim.]¨ So let us make this Ramadhan the Ramadhan where we start to look at Islam as a complete Deen and system and begin to work to bring it back as a system, so that we can achieve the victories that the Muslims did in the past. We should not witness Ramadhan and remain as we used to be, if we were already practising Islam and working to re-establish its system then we should work harder and work to gain more reward. If we have not been practising Islam then we need to ensure that we start following it completely.
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The Dar Paradigm and Identity
Muslim residence in a non-Muslim land is not a new phenomenon to Islamic Law. Indeed one finds mention of laws pertaining to such domicile scattered unevenly within the pages of classical juristic works. However, such treatment was brief and circumstantially limited and understandably since Muslim migration to the West from the 1980’s onwards is different in respect to its magnitude, scope and perhaps even in nature from what historians have recorded in past eras and centuries. In the past Muslim presence in dar al-harb was either due to sojourns for the purpose of trade, conversion of non-Muslim residents of dar al-harb or a Muslim land was conquered by non-Muslims and these categories have been dealt with by the jurists. However today we have Muslims making the West their home. Bernard Lewis described the situation as, ‘a mass migration – a reverse hijrah – of ordinary people seeking a new life among the unbelievers is an entirely new phenomenon which poses new and major problems. The debate on these problems has only just begun.’[1]
In recognition of this new dimension and even anticipation of what was to come some Muslim scholars have sought developed a new branch of law, termed Minority fiqh, which deals with the myriad of issues and problems faced by Muslims residing in non-Muslim populated countries. The have sought to bring the miscellany of past juristic discussions and modern contributions together into a branch of law in its own right. The proponents of this new discipline like Dr Yusuf al-Qaradawi, Dr, Taha Jabir Alwani, Faysal Mawlawi and others have been highly influential in setting the ball rolling in this new legal discourse. The ideas set out by the above scholars have then been adopted and refined by a new generation of contributors to the subject like Tariq Ramadan, Dilwar Hussain and Nadeem Malik from connected in one way or another with the Islamic Foundation.[2]
As we mentioned before the issues touched upon by Minority fiqh are rather eclectic in nature, spanning the full ambit of normal jurisprudential discussions with some new additions as well. So in one page you might find a discussion on the ruling on women leading the prayer in another the ruling on cloning and use of synthetic alcohols. However, the most salient of these topics, which represents the ethos and provides direction to the diverse legal problems discussed under the rubric of Minority fiqh, is the question of identity and citizenship. How are Muslims to define their residence in the West in terms of their self perception and identity? What does it mean to be a Muslim living in say Britain, France or America whilst also being a member of the ‘ummah’? Is there a contradiction or is co-existence possible without a price to be paid in religious terms? In tackling the question of identity and citizenship- or the nature of Muslim belonging in the West in general – Muslims scholars have had to cover within their discourse many topics. Old terms have been scrutinised such as the concept of dar al-islam and dar al-kufr, while new terms have been introduced to replace the old juristic discourse. Also new ideas have had to be appraised in light of current scriptural and juristic thinking; ideas such as nationalism and the concept of citizenship. They have also tried to tackle the thorny and sensitive issues such as loyalty and identity from a contextual and pragmatic perspective. The result has been a modern neo-ijtihadic conception of Muslim inhabitancy in the West.
The Dar Paradigm
The dar paradigm is the traditional model employed by classical scholars to define the relationship between Muslims and non-Muslim political sovereign entities and as such it falls under the Muslim Law of international relations.[3] This is perhaps best illustrated by the fact that the most ubiquitous mention of the terms dar al-islam and dar al-harb are to be found in what are known as the siyar or maghazi literature or under the section of jihad in fiqh books.[4] The term jihad is understood by some modern day writers in the limited sense of war only but jurists classified under it the wider rules of international relations, hence they included the rules regarding treaties, ceasefire, asylum and international trade under this heading. Part of these is the rules of the dar al-harb, dar al-islam, dar ‘ahd etc, i.e. the different entities between which there will be different relationship based on a judgement of their reality. One aspect which comes under this whole framework of international relations is the question of whether a Muslim citizen of dar al-islam can reside in non-Muslim countries i.e. dar al-kufr or dar al-harb. It is worth adding that some Muslims scholars either discouraged or even forbade Muslims living in non-Muslim lands[5] whilst others were more relaxed about the matter.This division of the world into Muslim and non-Muslim and the disfavour of scholars upon those who reside in dar al-harb meant that Muslims viewed dar al-islam as their lands whilst dar al-harb was viewed as the land of foreigners or the even the enemy. Naturally in the pre-ottoman era and to an extent during and post World War One colonial period such a view was not questioned as it accorded with the reality where Muslim had their own homelands. However, after the Second World War as Muslims began to migrate to countries in the West seeking economic betterment and gaining citizenship, this idea seemed to clash with old ruling restricting Muslim residence in non-Muslim lands. Muslims increasing were beginning to feel at home in these countries and links back home was were gradually diminishing in quantity and intensity especially with the second and third generation Muslims. Given this reality how are Muslims residing in the West to view the laws and principles laid down by preceding generations? Clearly the seemed to be a contradiction between the old vision of Muslims countries as being home and now the countries in the west were Muslims had establish new roots.
Perhaps the first minority fiqh scholar to address a revision of the dar paradigm was Faysal Mawlawi. In his Al-Usus al-Shar’iyyah lil-‘Alaqat Bayn al-Muslimin wa-Ghayr al-Muslimin, he argued that the notion of a dar al-harb is an ancronistic concept in this day and age. He argue that the conditions used by jurists to define dar al-harb cannot be applied to a situation where there is greater secuity for Muslims in non-Mulims countries than Muslim popolauted countries.[6] As an alternative he suggested that such countries be known as dar da’wa ie the ‘land of inivatitaion’.The above idea was further echoed by Manna’ al-Qattan who suggested that non Muslim countries should be designated as dar ‘ahd due to their treaties and relations with Muslim countries.[7] Yusuf al-Qaradawi has also given his approval of the use of the term dar ‘ahd for countries in the West.[8] Thereafter Taha Jabir al-Alwani affirmed the above views and considered dar al-harb and dar al-islam as ‘superflous’ and counter productive to integration and nature of Muslim residence in the West.[9] Finally the Tariq Ramadan, absorbing all that has come before, went one step further by arguing that even the term dar ahd is misplaced since it is premised on the dar paradigm.[10] The notion of the dar he contends is of dubious legal provenance, an irrelevant geographic description that belongs in the past and impedes social cohesion because it gives a confrontational vision. For these reasons he dismisses the paradigm altogether. Instead he has offered his own term, dar shahada, or the world of testimony, to describe the ‘West’.
One might summerise their reasons for rejecting the dar paradigm under the follwoing points :
The terms dar al-islam and dar al-harb are legal conventions, the product of jurists, and not authentically attributable to the sources.[11]
The dar paradigm is an antiquated idea, a geopolitical term relevant to the time in which it was formulated.[12]
Below is an analysis of each of these points to what extent they are congruent with the context, maintain their asala in respect to following the sources and to what extent such ideas are likely to further the aim of integration.
A. Legal Provenance of the Dar
It has been asserted by the Minority fiqh scholars that the dar paradigm is a product of jurists and has no textual basis. Dr. Sultan Salih, the head of the American Centre for Islamic Research states: ‘This term did not exist in the Islamic fiqh in beginning of Islam, rather it came much late. It is a late juristic convention, not a shariah term, which should no be followed and is unsupported by any explicit texts or authentic hadiths.[13]Here he raises the following points:
i. The dar is a legal convention and not a Shariah term.
ii. There are no explicit mention of the term in the sources.
iii. The term was later introduction to Islamic law.These objections seem somewhat disingenuous since they would equally apply to Minority fiqh, or any branch of fiqh, whether classical or modern and would not establish any substantial point other than to say the terms are subject to new ijtihad if proven to be weak. There is a case for arguing that the dar is not shariah term, like salah and zakah, however that does not mean that as a legal convention it is unattributable to the sources. There are many terms coined by jurists to give description to a reality found in the text. For example the words mukallaf, mandub, aqeedah, fasid, jam’ taqdim, jam’ ta’khir, qiyas,’illah, ijma etc are all legal conventions, not mentioned explicitly anywhere in the sources but their meanings are well rooted in the text. Also, lack of explicit mention in the text means very little to the student of law given that fiqh is distinguished from Sharia’h precisely because it is generally not mentioned in the explicit meaning (mantuq) of the text but in its implicit meaning (mafhum). Minority fiqh is fiqh because it is based on speculative inference (dalalah zanniyyah), otherwise no such fiqh would have the room to arise. It is the speculative nature of the texts which give rise to the proliferation of fiqh. In the same vein the assertion that the term came late in the history Islamic law only serves to indicate that one might not be bound to follow it if disproved but that in itself does not disqualify it, just as Minority fiqh cannot be disqualified for being a 21ist century innovation in Islamic law.
Despite the usual refrain that no evidence exists, there seems to be no appetite to actually directly address the evidences which the jurists relied upon to establish their case. One hadith in question is the oft cited hadith narrated by Sulayman al-Buraydah:
‘When the Messenger of Allah appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the cause of Allah. Fight against those who do not believe in Allah. Fight but do not embezzle the spoils, do not break your pledge, do not mutilate (the dead) bodies and do not kill the children. When you meet enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and restrain yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their dar to the dar of Muhajirs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajirs. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims….’[14]
The above hadith implicitly make the point that Madinah, described as dar of the Muhajirs, is different from other dars. It affords its inhabitants, due to its rule, the rights and privileges given by Islam to the Muhajirs. This hadith does not state dar al-muhjijrin is a requirement[15] but that it is legitimate, i.e. en entity which is governed by Muslim rule affording its citizens, whether Muslims or non-Muslims certain rights and privileges. Those who live outside it, whether Muslims or non-Muslim will not enjoy the rights and privileges afforded by the state but will still be subject to the command of God by virtue of being Muslims. It also implicitly mentions the issue of security, as affording right and privileges to residents of a polity is to ensure their security.
In a similar vein we can understand the letter Khalid b. Walid wrote to the people of Hira which states: I have granted (the people of Hira) that any of their elderly who is unable to work, afflicted by a plague, or became poor such that his co-religionists give him alms, then his jizyah will be waived and he and his family will be provided for from the Bayt al-Mal of the Muslims as long as he lives in the dar al-hijrah and dar al-islam. If they leave the dar of the Muhajirs, the dar al-islam, then the Muslims are not obliged to maintain his family.’[16] The dar al-islam is where its inhabitants are looked after by the laws of that land. This is a Muslim land, as opposed to the non-Muslim land where the laws of Islam are absent (dar al-kufr or dar al-harb). Hence the author of Badai al-Sana’i states: ‘There is no disagreement amongst our scholars (ie the Ahnaf) that dar al-kufr becomes dar al-islam by the dominance of the laws of Islam.’[17]
In fact there are many other evidences one can cite which presupposes the existence of a rudimentary dar al-islam and dar al-harb without which such texts make no sense and remain of devoid any application. This is because these verses are not addressed to individuals but state entities. For example,
‘And if they incline towards peace, you also incline towards it.’[18]
This verse in not addressing individuals, but the Prophet Mohammed as the leader of the community for Muslims in Madinah, that he should make peace with those powers who wish peace, as the Prophet did when he concluded the treaty of Hudaybiyyah with Quraysh. In fact most of the rules pertaining to international law presumes the existence of a sovereign Muslim entity, i.e. dar al-islam, which has relationship with nations and states which are dar al-kufr i.e. non-Muslim states.
Finally, that there were, and will be, different types of sovereign political entities, irrespective of the designation one prefers, is a fact of human history. That religion should describe such entities from its own perspective is not a surprising development.
B. An Antiquated Concept?
Minority fiqh has dismissed the dar paradigm as an antiquated idea. This assertion is made based on two reasons:Firstly: It was a geographical or geopolitical term relevant to the time in which it was formulated. Ramadan states: ‘The concepts of dar al-islam, dar al-harb, and dar al-‘ahd were not described in the Qur’an or in the Sunna. In fact they constituted a human attempt, at a moment in history, to describe the world and to provide the Muslim community with a geopolitical scheme that appropriate to the reality of the time. This reality has completely changed.’[19]
Second: The conditions of the dar are out of date and inapplicable. For example the condition of security (aman) does not make sense today because Muslims have more security in the West than even in some Muslim countries. If living by Islam is to be the criteria then surely the countries in the West should be described as Muslim, which would be an absurd suggestion as would be the suggestion that Muslim countries now should be described as dar al-harb because they do not exhibit the perfect form of the legal system required by the Islamic religion.[20]
With regards to the first point we need to understand that the dar paradigm as a legal term maybe applied in certain time in history but its principles are valid whether or not they apply to certain reality. Law seems to have been confused with international geopolitics. The dar paradigm should not be equated with the paradigms of political scientists who talk of unipolar, bipolar or statist paradigms. The dar paradigm is a legal paradigm with its own logic i.e. it is law, and not political analysis, and informs on how things should be and how they are not. It is prescriptive whilst paradigms of political scientists deal with how things are and how they will be i.e. its observational and predictive. The two should not be confused. The dar paradigm, whether, one agrees with the use of the terms or not, refer to types of state entities in relation to the Muslims. Those states with whom Muslims have a treaty are called dar al-‘ahd and those states with whom the Muslims may be potentially at war are called dar al-harb hukman. As for states which are in occupation of Muslim countries or are invading a Muslim country they are called dar al-harb fi’lan. Where the Muslims are at war with an usurping entity and they make a temporary truce or ceasefire, that known as dar hudna or sulh. One look at the Middle East today indicates that all of the above realities exist. War, peace, treaties and ceasefires are the facts of international relations whether in the past, present and will be so in the foreseeable future. Therefore, the Islamic law of international relations, of which dar al-islam and dar al-harb, is a part, continues to have relevance.
As for the inconsistency of the conditions, these arise due to misunderstanding of what the jurists have said. Let us analyse the views of the Hanafi school which is referred to as the source of this confusion.
The Hanafi school is unanimously agreed as to what makes a land dar al-islam: al-Kasani states: ‘There is no disagreement amongst our scholars (i.e. the Hanafis) that dar al-kufr becomes dar al-islam by the dominance of the laws of Islam.’[21] In this respect they would be agreed that the West is not dar al-islam due to the obvious absence of the Islamic legal system. The dispute however was in respect to when dar al-islam becomes dar al-kufr. According to Abu Hanifah a dar al-islam will become dar al-kufr when three conditions exist:
1. Non-Muslim laws are applied.
2. The conquered land borders the non-Muslim lands.
3. There remains no Muslim or zimmi who has enjoys security (aman) from the original security i.e. security of the Muslims.However, Abu Yusuf and Muhammad differed and said: that the land becomes dar al-kufr by the application of non-Muslim laws.[22] We note from this discussion that they are not talking of lands which were never Muslim in the first place, such as the West. Hence the presence of security in a non-Muslim land which was never dar al-islam will not come under the above conditions. Thus, no confusion exists with regards to the application of the condition of aman with regards to the West; they are not dar al-islam by virtue of the security provided to Muslims because they were never originally dar al-islam in the first place.
As for the lands which were once dar al-islam and then came under non-Muslim rule or occupation. Such countries would become dar al-kufr when the laws become non Muslim according to Abu Yusuf and Muhammed al-Shaybani. As for Abu Hanifah, what did he mean by security? It seems that the expression ‘the original security i.e. security of the Muslims,’ indicates he was referring to authority and not just individual safety. He was reluctant to pronounce, a former dar al-islam, as dar al-kufr without setting more stringent conditions for what would be necessary to become dar al-islam. In any case later Hanafis argued that lands conquered by non-Muslims, as we saw in the past by Christians or the Mongols, would remain dar al-islam as long as Muslims were able to practise their religion.[23] This however was in respect to conquered lands and not lands which were never dar al-islam.[24]
The point is also made that following the classical definition the Muslim populated countries would be considered dar al-harb due to the absence of the Islamic rule. This is presumes that the dar paradigm is monolithic. In fact the dar paradigm is made of independent and interrelated parts. The absence of one part does not mean the absence or irrelevance of the other. Also the fact that it does not exist does not make it any less relevant if the law prescribes it. So the absence of dar al-baghi[25], an area of dar al-islam where a section of the population have rebelled against the legitimate ruler, does not make this discussion irrelevant just as the study of hudud and penal system is not irrelevant simply because they does not exist. Admittedly, Islamic law is not concerned with hypothesising, but situations which are expected or required by law are always clarified.
References:
[1] Lewis, Bernard, Legal and Historical Reflections on the Position of Populations under Non-Muslim Rule, Journal Institute of Muslim Minority Affaires, vol. 13:1 January 1992 p.13. For example of early thinking on this issue see Abdur Rehman Doi’s Duties and responsibilities of Muslims in Non-Muslim States: A point of View.’ Or Kalim Siddiqi’s view A Muslim Agenda for Britain: some reflections’, New Community,17,3, 1991, pp.467-75.
[2] Ramadan is on record as saying that he disagrees with the whole idea of ‘Minority fiqh’ because it depicts Muslims as a Minority when in fact they share majoritarian values. However, I have included him and others as part of the Minority fiqh discourse because they share the same legal philosophy and approach as the original Minority fiqh scholars. Therefore, Ramadan’s disagreement is only a semantic difference which cannot separate him from the Minority fiqh legal tradition he follows in his writing.
[3] Al-Shaybani, Abu ‘Abd Allah, The Islamic Law of Nations: Shaybani’s Siyar, Khadduri, Majid (trans.), (Maryland: The John Hopkins Press, 1966).idem, al-Radd ‘ala Siyar al-Awza’i, ed. Abu al-Wafa al-Afghani (Beirut: Dar al-Kutub al-‘Ilmiyya, n.d.) Abu Bakr al-Sarakhsi, Sharh al-siyar al-kabir, {Cairo:Ma’had al-Makhtutat) Wansharisi, A.hmad ibn Ya.hyá, al-Mi`yar al-Mu`rib wa-al-Jami` al-Mughrib `an Fatawá ahl Ifriqiyah wa-al-Andalus wa-al-Maghrib, (al-Ribat : Wizarat al-Awqaf wa-al-Shu’un al-Islamiyah, 1981-1983). Al-Shafi’i, Muhammad ibn Idris, al-Umm, (Beirut : Dar al-Kutub al-`Ilmiyah, 1993). Sahnun, Abu Sa’id, al-Mudawwana al-Kubra, (Cairo: Dar al-Fikr, n.d.), vol. 3. Modern writer have also followed this line of classification. Zuhaili, Wahbah, Athar al-harb fi l-fiqh al-islami, (Damascus: Dar al-fikr, 1962). Khadduri, Majid, War and Peace in the Law of Islam, (The John Hopkins Press, 1955), and the Phd thesis by Mohammed Khair Haykal, Al-jihad wal qital fi siyasa al-shar’iyyah, (Beirut, 1993).
[4] However, the terms dar al-islam and dar al-kufr are also used in a theological context but it enjoys limited usage. See Ash`ari, `Ali ibn Isma`il, Maqalat al-Islamiyin, ed. Muhammad ‘Abd Hamid (Beirut: al-Maktaba al-‘Asriyya, 1990).p.154.
[5] The Maliki position was the most prohibitive. See Wansharisi, A.hmad ibn Ya.hyá, al-Mi`yar al-Mu`rib wa-al-Jami` al-Mughrib `an Fatawá ahl Ifriqiyah wa-al-Andalus wa-al-Maghrib, (al-Ribat : Wizarat al-Awqaf wa-al-Shu’un al-Islamiyah, 1981-1983). Whilst some of the Shafi’is were on the other side of the spectrum where they preferred Muslim residence in dar al-harb as long as they served the Muslim interest. See Nawawi’s citation of al-Mawardi’s view in al-Majmu’ sharh al-muhadhdhab, (Beirut: dar al-fikr)
19/246.
[6] Mawlawi, Faysal,: Al-Usus al-Shar’iyyah lil-‘Alaqat Bayn al-Muslimin wa-Ghayr al-Muslimin, (Dar al-irshad al-islamiyyah, 1987).p.104-105.
[7] Al-Qattan, Manna’, Iqamat al-Muslim fi Balad Ghayr Islami (Islamic Foundation for Information, Paris, 1993).
[8] Shadid, W & Koningsveld, P.S. Van (eds.), Political Participation and Identities of Muslims in non-Muslim States, (Kampen, the Netherlands: Kok Pharos,1996).p.95.
[9] Alwani, Taha Jabir, Towards A Fiqh For Minorities: Some Basic Reflections’ (International Institute of Islamic Thought, 2003).p.xv and p.28.
[10] Ramadan, Tariq, Western Muslims and the Future of Islam (Oxford University Press, 2004).p.67.
[11] Ramadan, Tariq, Western Muslims and the Future of Islam (Oxford University Press, 2004).p.63. Sultan Salih, Radd ‘ala mufti Misr, where he states ‘it is a late juristic, no shariah term, which should no be followed and is unsupported by any explicit texts or authentic hadiths.’p.2
[12] Ramadan, Tariq, Western Muslims and the Future of Islam (Oxford University Press, 2004).p.66 and p.69.
[13] Sultan, Salih, Hiwar wa tarhih wa radd ‘ala mufti Misr. p.2[14] Sahih Muslim, 18/4294.
[15] Minority fiqh scholars have cited many other evidences which indicate that ruling and governance should follow the shariah. See Yusuf al-Qaradawis work entitled: ……….
[16] Abu Yusuf, Kitab al-Kharaj, p.155-156.
[17] Al-Kasani, Badai al-sanai, vol 7, p.130.
[18] [8:61]
[19] Ramadan, Tariq, Western Muslims and the Future of Islam (Oxford University Press, 2004) p.69.
[20] Mawlawi, Faysal,: Al-Usus al-Shar’iyyah lil-‘Alaqat Bayn al-Muslimin wa-Ghayr al-Muslimin, (Dar al-irshad al-islamiyyah, 1987).p.104.
[21] Al-Kasani, Badai al-sanai, vol 7, p.130
[22] Al-Kasani, Badai al-sanai, vol 7, p.130
[23] Ibn Abidin, Hashiyah Radd al-Mukhtar, 4/75.
[24] As for the off-the-wall views of Ibn Abidin and Mawardi, that being allowed to practice Islam makes a land dar al-islam, these views are rejected by Minority fiqh scholars anyway, hence it is unnecessary to go into these in any detail. See Sultan, Salih, Hiwar wa tarhih wa radd ‘ala mufti Misr. p.3.
[25] Zuhaili, Wahbah, Athar al-harb fi l-fiqh al-islami, (Damascus: Dar al-fikr, 1962).p.153.
