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Manifesto for the Revolution of Al-Sham
Hizb ut-Tahrir’s Manifesto for the Revolution of Al-Sham
This statement was delivered by Engineer Hisham Al-Baba, Head of the Media Office of Hizb ut-Tahrir, Wilaya of Syria – at a press conference held at Hizb ut-Tahrir’s offices in Tripoli – Lebanon on Thursday 28th Ramadan 1433[16/08/2012].
The revolutions of the so-called ‘Arab Spring’ broke out in order to change rulers and regimes. From the outset, their main demand was clear and unambiguous. It was that which we heard in the chant: ‘The people want to overthrow the regime.’
What happened in the revolutions of Tunisia, Egypt, Libya and Yemen is that a ruler was either ejected from his post or killed. Yet the ruling system continued on the same design since colonial times: democratic, civil and secular – similar to the ruling systems in the West. All that has changed are some faces and some forms of nomination, appointment or election.
So the joy that came with those blessed revolutions vanished when these revolutions derailed and accepted the Western prescription of civil democracy given to them (or rather allowed for them) – until the revolution of Al-Sham tipped the scales and introduced different ideas into the language of the ‘Arab Spring’.
The revolution of Al-Sham did not accept the insertion of poison into honey. It refused secularism, democracy and the slogan of the civil state.
It refused to be satisfied with a mere change of face – asking, with astonishment: Isn’t Bashar secular?! Aren’t his regime and the constitution of his government civil?! Haven’t we witnessed the Western capitalist democratic system itself failing as a global system?! Why should we rewrite failed experiments to return our country back to its whirlpool, while the constitution decreed to us by the Lord of the worlds is in our hands?!
The revolution of Al-Sham confirmed its Islamic identity when its people declared: It is for the sake of Allah and counted their suffering as sacrifice in anticipation of Allah’s سبحانه وتعالى reward; when its women followed the example of Khansaa, one after another; when the banners of al-Uqab were raised; and when the calls demanding Khilafah started to resound. Thus, this revolution was not typical.
The international powers observed the peculiarity of this blessed Syrian Revolution. This angered America (the sponsor of Bashar and his regime), who in turn joined the Syrian regime in its crimes: providing him with deadlines, holding conferences, announcing initiatives, sending Arab and international observer missions. They also instructed their open and hidden agents to support the criminal Syrian regime, paying no heed to the waterfalls of blood abundantly flowing in Syria. The conspiracy of the international community against the people of Syria reached to the extent of offering Bashar the chance of resignation in return for securing a safe exit for him and his family, after all the crimes he committed. This is the level at which they are now dealing with the Syrian revolution.
We in Hizb ut-Tahrir firmly believe that this revolution is worth more than to fall into the swamps of secularism and the heresy of a civil state; nor should it exchange the better for the worse – i.e. take Western democracy and leave the Book of Allah and the Sunnah of His Messenger صلى الله عليه وسلم. We want it to proceed to establish the law (shar’) of its Lord – a rightly-guided Khilafah on the model of prophethood – so fulfilling two of the Bisharat (good news) of the Prophet Muhammad صلى الله عليه وسلم about the last days: One for all Muslims, which is his صلى الله عليه وسلم saying:
ثمّ تكونُ خلافةٌ على منهاجِ النبوّة
“Then it would be Khilafah on the model of prophethood.” [Musnad Ahmed]
and the other is for the people of Al-Sham in particular, which is his صلى الله عليه وسلم saying:
ألا إن عقرَ دارِ الإسلامِ بالشام
“Be aware, the centre abode of Islam is in Sham.”
[Narrated by Al-Tabarani, in ‘Al-Kabeer,’ on the authority of Salamah b. Nufayl]In this revolution we see signs that encourage that.
We present this document included within it: Hizb ut-Tahrir’s manifesto for the political system, for which it calls to be applied after the removal of the regime in Syria; and a road map to reach this goal. We are very keen that this revolution be safeguarded from being hijacked by the colonial powers and from being usurped by opportunists who orbit in the sphere of the West, carrying the West’s viewpoint for resolving the crisis.
The manifesto of Hizb ut-Tahrir for the ruling system in Syria is founded on the following tenets:
• The Islamic ‘Aqeedah (doctrine) should be the basis of the State and the basis of the constitution. The Qur’an and Sunnah, together with what they referred to – namely Ijmaa’ us-Sahaba (the consensus of the companions) and the Qiyas (divine analogy) should be the source of all of its articles. Thus, the Islamic Shari’ah (divine law) would become the system of life, the society and the State.
• The form of the ruling system in Islam is the system of Khilafah, which is fundamentally different from the forms of ruling systems in place today. So, it is not royal, imperial, republican, dictatorial or federal.
• Its State is neither religious theocratic, civil nor democratic. It is rather a human state, where sovereignty in it is for Shar’, where it applies the provisions of Islam, while the sultan (authority) is for the Ummah (nation).
• The security (aman) of Dar al-Islam, which we seek to establish is realized by security provided by the Muslims only; which requires preventing any foreign interference in our country, in compliance with the verse:
وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًا
“Allah will not allow the disbelievers to have a way ‘authority’ over the believers.” [An-Nisaa, 4:141]
Foreign intervention in Muslim countries is one of the great sins that take the country and people away from ruling with Islam and from living under its shade.
• The system in the Khilafah State is humane – that revives man as a human being, regardless of race, religion or colour. It addresses its problems – as a human being – with the best and most just provisions known on the face of the earth; because they are from Al-Hakeem (Most Wise), Al-Khabeer (Well Acquainted).
• The bond that links the citizens of the State is their citizenship. So, all of those who hold the citizenship of the Islamic State (Muslims and non-Muslims) have the full right to enjoy guardianship. The State is not allowed to exercise any discrimination between the citizens in terms of governance, justice or managing the affairs.
• The articles of the Constitution of the Islamic State are divine provisions, which the State is obliged to apply; and all citizens must obey them. The Muslims obey them as orders and prohibitions from Allah, His Messenger صلى الله عليه وسلم and the ruler. Whilst non-Muslims obey them as laws of the state that look after their own affairs and preserve their lives and rights, the same like Muslims. This is in line with the divine principle that states: “They have the same fairness enjoyed by Muslims; and they are also accountable like Muslims.”
• Non-Muslims are left to practice the provisions of their own beliefs, worship, food-stuffs and clothing – beside matters of marriage and divorce, according to their religions, within the general law. They rejoice under the State and enjoy its fruits as citizens like Muslims. Among the most prominent examples of this are the provisions of public ownership and the distribution of the products of its enormous wealth to all its citizens equally.
• There is no distinction in the Islamic State in terms of looking after the affairs of the Muslims and non-Muslims; it also deals equally with all races and peoples; so it does not distinguish between the Kurds, Arabs and Turkmen, etc. It rather abides by the verse:
إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ
“The best among you in the sight of Allah is the most pious of you.” [Al-Hujraat, 49:13]
The State considers any call to racial, tribal or national bonds as tribal and jahili that splits the nation (Ummah) and the State; besides it is a great evil. The hand of the West – who have pursued (and still pursue) an agenda to split the Ummah, weaken it and make her allegiance to it, rather than to Allah, His Messenger and the believers – must be severed.
• Islam ensures, through its economic policies the satisfaction of the basic needs of food, clothing and housing for each of the State’s citizens, and it enables him or her to satisfy luxuries (beyond the basic needs) as much as he or she could. It also ensures for the whole Ummah security, education, medication and the various basic needs of the community. Its injunctions explain the means of ownership, the means of investment and the manner of expenditure. They show the types of properties: namely individual/personal property; the state and the publicly owned property, such as oil and minerals wealth, which would enable all members of the Ummah to enjoy them. They show rules relating to land, such that not an inch of land is left uncultivated. They have made gold and silver the basis of currency, so securing a stable exchange rate for the currency that is reflected in stable commodity prices. They have set up rules for currency Exchange that prevent the Islamic State from falling into crises similar to that which have occurred in the capitalist financial system. They have identified the terms of internal trade between individuals, which does not need pursuance from the state; and the provisions of Foreign Trade, which is made under the State’s supervision. They allow the establishment of companies, according to the divine rules, and prevented them from monopoly. They prohibit usury, selling of debt, selling that which is not owned yet, and fraud. Overall, this policy has taken into account the targeted model of society, which would live peacefully and happily within an order of Halal and Haram. They work for the distribution of wealth amongst the members of the State, individually; and made the property as servant for man, rather than making man a slave to it.
• The external relations of the State with other states are established in accordance with the provisions of Islam, by carrying the call to them and undertaking jihad for the sake of Allah (fee sabeelillah). The State is committed to the divine injunctions regarding upholding of conventions, peace treaties, ceasefire armistices and diplomatic representation.
In regards to the road map through which we hope to realize the Khilafah State after the overthrow of the regime:
It is based, in its general framework, on the method of the Prophet peace be upon him in change; and it can be summarized as follows:
• Muslims in Syria, in general, make known that they want to overthrow the regime and return back to the rule of Allah by establishing the Khilafah in compliance with the example achieved by the Messenger of Allah صلى الله عليه وسلم where he generated a public opinion for Islam in Madinah, a little before the establishment of the first Islamic State. This aspect has now been achieved in the Islamic Ummah a long time ago. And it has become, in the era of ‘the Arab Spring’, clearer than ever, by the Grace of Allah, The Almighty – especially amongst the people of Syria who started to declare day and night the slogan of the Islamic State. The West no longer hides its apprehension and worry that Islam is the heir to the era of the criminal seculars in Syria. However, it remains a duty upon the leaders of opinion and thought who hold Islamic thought, to speed their strides for crystallizing and clarifying the Islamic system amongst themselves and amongst public opinion, so that none are deceived by movements who raise Islamic slogans but they embrace a secular project under the name of the civil state.
• The believers from amongst the people of power (the influential) amongst the officers of the regular army, the dissidents from it and the armed groups, which include the purest of Muslims, have to work for establishing the Islamic Khilafah. They have to work together to prevent the West, its agents and its tools from the local secular politicians, from even approaching authority and decision-making. They have to choose for positions of authority those from the people who are fit for it, who hold the Islamic political project, understand it precisely and in whom there is great hope in their ability to apply it properly, away from allying themselves to opponents, namely the secularists and their masters in the West.
This is what we have started to see, by the Grace of Allah, in the field of people of power who have declared that they want to rule by Islam. We thank Allah that this Ummah has become rich with people of governance, politics, management, judiciary and economy. So preparing for this great duty all means required for its achievement – in terms of an Islamic draft constitution, an ability to apply Islam properly, in order to attain the highest levels of life for the citizens of the Khilafah State – both Muslims and non-Muslims; and the ability to lead the Muslims intellectually for spreading Islam in the world; and political experience that enables them to engage in the international struggle on an ideological basis rather than a colonial utilitarian basis, and to make the Islamic State the leading state in the world.
We, in Hizb ut-Tahrir announce through this conference that we work with the sincere people of this revolution, and we provide all that we have of potential, capability and competence to achieve all the elements of this plan, whose execution and success are feasible; and can bring, most importantly, the true change and the great pleasure of Allah, the Almighty.
The squares of revolution have overflowed with the uqab flags and the banners of Islam. The throats of the demonstrators raised the call of takbeer and chanted: “We want Syria an Islamic Khilafah” and “The people want Khilafah again.” Our members exist in the depth of the revolution; and the Media Office of Hizb ut-Tahrir, Wilaya of Syria, is one of the channels open for communication and interaction with the revolution. The party, in general, and its branch in Syria, in particular, has pursued the revolution since its inception, day-by-day, even moment-by-moment. So, it issued successive statements and bulletins in parallel with the events of the revolution, to strengthen the rebels, lift their determination and spread awareness among them about the conspiracies plotted against them, reminding them always of the need to link their revolution with a sublime objective, which the opportunists cannot reach.
And we put in the hands of the media people and journalists a dossier, the majority of which has been so far compiled.
– Hizb ut-Tahrir works to contact the various military forces to organize them in one unified work that can destroy this regime from its roots and establish the Islamic rule; hoping this will be soon.
– The Hizb has prepared itself for this great task; it has been its main preoccupation for more than half-a-century, not only in Syria, but in different Muslim countries, indeed the whole world. It gained through this period all the elements of successful leadership that enables it to reach with the Ummah to achieve the duty towards Allah in the establishment of His rule and spreading of His message. Therefore, the efforts of its members came together in the whole world in support and help of the rebels – from Indonesia to the Maghreb through Al-Quds; and in Western capitals from Europe to Australia and America. All of them have stood – and still stand – responding to the call of the duty of support to and in defense of the rebels of Al-Sham, calling upon Muslim armies parked in their barracks to move in the name of Allah and with the blessing of Allah, for the help of the oppressed Muslims in Syria. The people of revolution were delighted with the calls of our members in the Al-Aqsa Masjid, where the heroic stances moved from Al-Quds to all parts of Palestine, the captive, and swept over the Arab world, particularly in Lebanon, and more specifically in the posts of troops (Ribat) and Jihad, Tripoli of al-Sham, which hosted this conference. We do not also forget the stances of our members in Jordan, despite the restrictions, the blockade and prevention.
Their cries were not less than the cries of their brothers in the various parts of the blessed land of Sham.
– It is worth mentioning in this paper that “Hizb ut-Tahrir” was founded in response to the command of Allah, The Almighty in the verse:
وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ ۚ وَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ
“And let arise from amongst you ‘ummatun’ a group (at least one) – who invite to goodness; and enjoin the right and forbid the evil; and indeed those are the successful.” [Al-Imran, 3:104]
and for the resumption of Islamic way of life through the re-establishment of the rightly guided Khilafah, in pursuance of the divine principle, “Whatever a duty cannot be performed is itself a duty”.
This party has prepared its members to become statesmen. It does not carry the concept of a ruling party. Rather, once the Khilafah is established through the legitimate method, and the Khaleefah was from it, he would not be the Khaleefah of the party, but the Khaleefah of the Muslims, where he looks after their affairs with justice, in word and deed. Then, once the post of Khaleefah became vacant after that, the Ummah would choose “a man from amongst the candidates, who possesses the legitimate conditions”, where the Ummah would give him pledge of allegiance to listen and obey, as a Khaleefah of the Muslims, rather than of any party. Hizb ut-Tahrir, whether its candidate or any other candidate of the Ummah reached to the Khilafah post, would continue to watch together with the Ummah the progress of governance and the State, by advising, suggesting, criticizing and accounting, in pursuance of the command of Allah, The Almighty in the above mentioned verse.
We ask Allah, the Almighty to grant these efforts with near success, an immediate victory, and a great joy by the establishment of the Khilafah; and this is not difficult for Him, and it is not slight for the majestic steadfast revolution of Al-Sham. Allah, the Almighty says:
وَنُرِيدُ أَنْ نَمُنَّ عَلَى الَّذِينَ اسْتُضْعِفُوا فِي الْأَرْضِ وَنَجْعَلَهُمْ أَئِمَّةً وَنَجْعَلَهُمُ الْوَارِثِينَ
“And we want to be gracious to those who were oppressed in the land, and make them leaders, and make them inheritors.” [Al-Qasas, 28:5]
Praise be to Allah, the Lord of the Worlds.
Engineer: Hisham Al-Baba
Head of the Media Office of Hizb ut-Tahrir – Wilaya of Syria28 Ramadan 1433 / 16/08/2012
No: SY-MO1-160812 -
Q&A: Is it permitted to use Astronomical Calculations to determine the start of Ramadan?
Question:
Moon-sighting at the beginning of the lunar months is raised every year in our Islamic community in Ramadan. What is our position to those who say using the astronomical calculations is an alternative to sighting to prove the start of Ramadan? Is it only an outweigh opinion or rejected, which is batil (invalid)? In other words, can this evidence (shub’hat daleel) be understood in any other manner or not? And if it is a rejected opinion- as I understand- what is the Islamic judgement (Hukm) for their fast for those who follow this opinion? For your information there are many here in Australia and in other western countries and they are increasing.
And another issue, if it becomes clear to the fasting person that he made a mistake in sighting the moon, what shall he do? Is that not something of severity? And some who discussed this say that the fast based on the sighting of the hilal (crescent) is not practical, simply they attempt to sight the moon but cannot sight it, or they disagree in its sighting which causes a problem! What is the opinion on this issue? Today’s calculation precisely determines the new moon; it then determines the sight possibility even if it not seen, so why not depend on calculations, since it makes the issue easier in the same manner we calculate prayer times.
Answer:
The fasting in Ramadan is dependent on the sighting of the moon according to the evidence related to it including:
«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ»
“Fast at its sighting and break your fast at its sighting, and if it vanishes from your vision, then complete the period of Shaaban 30 days.”
In regards to those who deem astronomical or lunar calculations as evidence and depend upon it, it is rejected and does not apply to the issue. Commonly referring to the following two:
First: The Prophet صلى الله عليه وسلم said:
«إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا»
“We are an illiterate nation; we neither write, nor know accounts. The month is like this and this.” (Al Bukhari)
and this Hadith:
«إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا»
“We are an illiterate nation; we neither write, nor know accounts. The month is like this and this.” (Al Bukhari)
Although it contains the concept of illiteracy as noted by the word “illiterate” with some people understanding that as if it is an illah that since today’s Ummah is literate then we are able to use calculation to determine the moon sighting for Ramadan. However this NOT the case as it is known in Usool principles since this description is suspended, because of the description (illiteracy) is often taken out of context, since the majority of the Arabs were illiterate at the Prophet’s صلى الله عليه وسلم time, in addition to this understanding is suspended by a text which is this Hadith:
فإن غُمَّ عليكم فأكملوا العدّة ثلاثين البخاري
“and if it is hidden by clouds then complete thirty (days)”
And did not mention any conditions or restrictions that if sighting is not possible due to clouds, rain or any other reason preventing its sighting, thus the Hukm (Islamic ruling) determined the completion of a thirty-day month, even if the crescent exists although covered by clouds. Therefore one has to act according to the wording of the Hadith and not based on understanding the Hadith.
This is the reality of the conditions of acting according to the understanding in more than one case, it becomes suspended if it is taken out of context, or if a text suspended like:
وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ
“Do not kill your children out of fear of being poor.” (Al-Israa, 17:31)
so “out of fear of being poor” describes the concept that is fear of poverty, that was in general a description for the Arabs, who used to kill children from fear of poverty, therefore that understanding is suspended with the text,
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ
“As for anyone who kills a believer deliberately, his repayment is Hell” (An-Nisaa, 4:93)
Therefore the understanding here will be suspended, it is not said that the Haram is when you kill your children fear of poverty while Halal during wealth! Rather it is Haram in both cases, whether in poverty or wealth, as stated in the following ayah:
لَا تَأْكُلُوا الرِّبَا أَضْعَافًا مُضَاعَفَةً
“Do not consume usury, doubled and multiplied” (Al-Imran, 3:130)
thus ‘doubled and multiplied’ are a described concept, therefore the understanding is derived from the concept, who used to deal with riba (interest) doubled and multiplied, and that understanding was suspended by this text:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
“But Allah has permitted trade and He has forbidden usury.” (Al-Baqara, 2:275)
Therefore this understanding is suspended. It does not refer to the high interest as haram or the least amount that is permissible, rather all amounts of ribaa are haram due to the concept ‘doubled and multiplied’ is suspended as we stated.
So the concept of ‘illiterate’ is suspended as we explained; therefore if one was unable to sight the moon due to clouds or rain, then it becomes obligatory to complete 30 days of the month, whether or not we know how to calculate.
Secondly: Their statements regarding prayer times depend on calculation, therefore the time of fasting depends on calculation… and the answer to that:
Researchers (or anyone who follows the texts) can find that the evidences differ for fasting from those that are related to prayer, since fasting and breaking the fast is linked to this moonsighting:
مَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ
“So whoever sights (the new moon of) the month, let him fast it”
صوموا لرؤيته وأفطروا لرؤيته
“Begin and end fasting when you sight the crescent”
so the sighting is the Hukm.
However, the texts concerning Salah are linked to verifying the time.
أقم الصلاة لدلوك الشمس
“Establish salat from the time the sun declines” (Al-Israa, 17:78)
إذا زالت الشمس فصلَّوا
“If the sun remains then pray”
Thus the Salah depends on verifying the time, by any means to ensure the prayer time. So if you looked to the sun to see the time of the meridian/disappearance or if you looked to the shadow, then you will see the shadow of everything being the same or doubled in size, as it came in the Ahadith regarding prayer times. If you did this and verified, then your Salah is valid; and if you did not do that, but calculated it astronomically and learned the time of the meridian is at such and such time, and looked to your clock without going to see the sun or the shadow, then the Salah is valid. That is to verify the time using any means, why? Because Allah سبحانه وتعالى ordered you to pray when the time enters, it was left it up to you how to verify when it entered without specifying the manner of verification. As for fasting, He سبحانه وتعالى ordered you to fast by the sighting and specified for you the cause. Furthermore He سبحانه وتعالى said that if the clouds blocked your vision and you could not see, you should not fast even if the crescent existed behind the clouds and you were certain of its presence based on astronomical calculations.
This is our opinion on this issue. Thus the astronomical calculations are not permissible in designating the fast or its breaking of the fast for Ramadan, but rather the Shariah sighting.
-As for the fast of those who use astronomical calculations, if they fasted the days of Ramadan according to the sighting, then their fasting is valid. And if they missed a day of Ramadan according to the sighting, then they are responsible for it and must fast the day (as make up for the missing day).
This is what we are convinced of and we make it clear to people, and we do not use a stick to force people to follow our opinion, we clarify this using good means and proper wisdom to conclude this topic. So we do not make this issue grounds for conflict; instead we draw the straight line next to the crooked line, and Allah سبحانه وتعالى is the Guide to the straight path.
-Regarding the claim that sighting makes the issue difficult, then if a person fasts the month and then another person tells him that it is Eid… Likewise if he was not fasting on the first day of Ramadan and another person came to him and said the new moon was seen so it is Ramadan and in this manner, the issue became difficult for him.
And the answer to this is that the issue is easier than this, so if the Muslim fasts and breaks the fast according to the knowledge of the vision after he investigated it. So if he fasts and breaks his fast based on the non-sighting of the Crescent at his place, and then another person with more knowledge came and said the new moon was sighted, then he has to follow him which is clear from the Hadith of the Messenger of Allah صلى الله عليه وسلم. It was narrated by a group from Al-Ansar:
«غُمَّ علينا هلال شوّال فأصبحنا صياماً، فجاء ركب من آخر النهار فشهدوا عند النبي صلى الله عليه وسلم أنهم رأوا الهلال بالأمس، فأمرهم رسول الله صلى الله عليه وسلم أن يفطروا ثُمَّ يخرجوا لعيدهم من الغد»
“The moon of Shawwal was hidden by the clouds so we woke up fasting, then at the end of the day there came riders they testified in front of the Prophet صلى الله عليه وسلم that they saw the crescent the day before, the Prophet صلى الله عليه وسلم ordered them to break their fast and then celebrate Eid the next day.” (Ahmad)
In the past, it was difficult to receive news of the moon-sighting from one region to another, as it occurred with the Prophet صلى الله عليه وسلم when he was informed by a delegation arriving to Madinah during the day in which the Prophet صلى الله عليه وسلم and the Muslims were fasting because they did not see the crescent. Therefore, when the delegation informed the Messenger صلى الله عليه وسلم of the sighting of the crescent, the Messenger صلى الله عليه وسلم ordered the Muslims to break their fast, and that day was the last day of Ramadan. So the Messenger fasted the complete period because he صلى الله عليه وسلم was unable to sight the new moon in Madinah. So when the news of the sighting in another area reached them, he ordered to break the fast, because this was a day in Shawwal. In other words: Eid, and not a completion of the period of Ramadan.
This issue is not complicated. In every area – sighting is possible, and if they do not see the new moon and they do not receive reliable information of the sighting from another area, then they have to fast or break their fast. And if they receive news of the new moon sighting, they have to follow it, because the Hadith is a speech is for everyone (صوموا لرؤيته..). “fast at its sighting…”
Regarding your statement: They claim “it is not practical”; so why is it not practical?
If the people of Australia try to sight the new moon of Shawwal but do not see it, and they do not receive news of its sighting from another area, then they have to fast. If they receive news of the new moon sighting during the day, then they have to break the fast, because this is the day of Eid, as the Messenger of Allah صلى الله عليه وسلم did… And so forth.
Today, news arrives easily and without trouble… and therefore the issue of it being unpractical is not an argument for the Muslim, who wants to achieve correctness (al-Haqq) in his worship.
– As for determining the new moon using calculation, this is correct, whereas determining the possibility of the sighting, this is incorrect, because astronomers differ in determining the time period which it takes the new moon to become visible after sunset. Thereby in actuality, we do not fast or break the fast according to the new moon, but to its sighting, as the Messenger of Allah صلى الله عليه وسلم ordered us to do.
«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ»
“Fast on its sighting and break the fast on its sighting, if its covered to you then complete the period of Shaaban with 30 days.”
It is possible that the new moon of Ramadan is present but the clouds cover it and you are unable to see it, so we complete the period according to the text of Hadith, thus the time of fasting is by the sighting as defined in the evidences, if the time of the fasting like the time of Salah was without the condition by sighting then the determination of the time using calculation will be correct. However, the evidences for fasting are dependant on the sighting, and the evidence for Salah came for verifying the time without the requirement of sighting:
«إذا زالت الشمس فصلَّوا…»
“if the sun sets then pray…”
as we explained above.
20th Ramadan 1433 AH
8/8/2012 CE
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Values of Ramadan – Talk by Sheikh Abu Talha
*Very informative* talk by Sheikh Abu Talha in USA during the Qiyam ul Layl program in Ramadan, Sheikh Abu Talha expounds on the various values of Ramadan a Muslim should actively seek to gain the maximum benefit from this blessed month. Sheikh Abu Talha reminds how the month of Ramadan is closely linked to the revelation of the Quran and gives insight into this special relationship between Ramadan and the Revelation. The various values of Ramadan explained in this talk are:
1- Supreme Values of Ramadan
2- Personal Values of Ramadan
3- Structural values of Ramadan
4- Political values of Ramadan
5- Historical values of Ramadan -
Q&A: Shari’ Rule on Songs, Music, Singing & Instruments?
Question: What is the Shari’ ruling in singing or listening to songs? What is the hukm of using musical instruments and is its trade allowed? I request you to answer in detail with the evidences?
Answer: The Imams (Mujtahids) and the jurists have differed on the issue of singing and they have varying opinions such as haraam (prohibited), Makruh (disliked) and Mubah (permissible), the ones who have prohibited it are from the ones who hold the opinion of prohibition of singing as a trade or profession, and a similar opinion has been transmitted from Imam Shafi’i, and from the ones who disliked it is Ahmad Ibn Hanbal who disliked the issue and categorised its performance under disliked acts, a similar opinion has been transmitted from Shafi’i’ and Al-Qadhi also. And from those who allowed (permitted) it are Ibn Hazam and Abu Bakr al Khalaal and Abu Bakr Abdul Aziz and Saad Ibn Ibrahim and Anbari and many others from the People of Medina. They took Nasheeds in a different category and removed them from the Hukm and allowed (permitted) it. Ibn Qudama mentioned about it in his book Almughni.
And so that the correct opinion is put forth in this subject let us study the texts (Ayat/ahadith/ijmaa) which are concerned with this subject:
A. The texts used as daleel by the ones who prohibit singing:
1. عن أنس بن مالك قال: قال رسول الله r “من جلس إلى قَيْنَةٍ فسمع منها، صبَّ الله في أذنيه الآنُكَ يوم القيامة” رواه عبد الله بن المبارك. والقينة هي الجارية. والآنُك هو الرصاص.
It is narrated by Anas bin Malik who said that the prophet (saw) said “Whoever listens to a female singer, molten lead will he poured into his ears on the day of judgement.” Reported by Abdullah ibn Mubarak.
2. عن أبي مالك الأشعري رضي الله تعالى عنه قال: قال رسول الله r”ليشربَنَّ ناسٌ من أمتي الخمرَ يسمونها بغير اسمها فيُعزَفُ على رؤوسهم بالمعازف والمغنِّيات يَخْسِف الله بهم الأرضَ، ويجعل منهم القردة والخنازير ” رواه ابن ماجة.
Abu Malik alashari (ra) narrated that he heard the prophet (saw) say: “Indeed, people will change the name of wine to consume it and play with musical instruments, Allah will cause the earth to swallow them and change them into monkeys and swines.” (Narrated by Ibn Majah in his sunan)
3. عن أبي أُمامة قال ” نهى رسول الله r عن بيع المغنيات وعن شرائهن وعن كسبهن وعن أكل أثمانهن ” رواه ابن ماجة.
It is narrated from Abu Umama who said “Do not sell, buy or teach singing-girls, and the price paid for them is unlawful.” (Narrated by Ibn Majah & Tirmidhi)
4. عن أبي أُمامة t قال: قال رسول الله r ” إن الله بعثني رحمة للعالمين، وهدى للعالمين، وأمرني ربي عزَّ وجلَّ بمحق المعازفِ والمزاميِر والأوثانِ والصُّلُبِ وأمرِ الجاهلية… ولا يحل بيعُهن ولاشراؤُهن، ولا تعليمهن، ولا تجارةٌفيهن، وثمنهنَّ حرامٌ، يعني الضاربات. وفي رواية المغنيات ” رواه أحمد.والصُّلُب جمع صليب.
Abu Umamah narrates that the prophet (saw) has said:
“Verily Allah azza wa jall has sent me with guidance and as a mercy to mankind and (in spite of this) he ordered me to obliterate musical instruments, idols, the cross and things of ignorance…and their selling is not allowed and neither is their buying, nor its teaching, nor the trade in it, and its price is haram, meaning the beaters (drum beaters) and in another riwayah – the female singers.” (Narrated by Ahmad)
5. عن ابن عباس t عن رسول الله r قال ” والذي نفسي بيده لَيبيتَنَّ ناسٌ من أمتي على أَشَرٍ وبَطَرٍ ولعبٍ ولهوٍ، فيصبحوا قردةً وخنازير باستحلالهم المحارم والقَيْنات وشربهم الخمر وأكلهم الربا، ولبسهم الحرير ” رواه عبد الله بن أحمد في زوائد المسند.
Ibn Abbas narrates that he prophet (saw) said “By the lord in whose hands lies my soul a group of my Ummah will spend a night in food, drinks and party, they would wake up the next morning deformed into swines and monkeys for making halal as haraam and the music and for their drinking of wine and eating of interest and wearing silk” (narrated by Abdullah Ibn Ahmad in Zawaid alMusnad)
6. عن عبيد الله بن زَحْر عن علي بن يزيد عن القاسم عن أبي أُمامة t عن رسول الله r قال ” لا تبيعوا القَيْنات ولا تشتروهن ولا تُعلِّموهنَّ، ولا خير في تجارةٍ فيهن، وثمنُهنَّ حرام، في مثل هذا أُنزلت هذه الآية {ومِنَ الناسِ مَنْ يشتري لهوَ الحديثِ ليُضِلَّ عن سبيلِ اللهِ } إلى آخر الآية “. رواه الترمذي وأحمد وابن ماجة والبيهقي.
Abu Umama narrates that prophet (saw) said: “Never trade female slave singers nor train them in singing as well. It is no good to trade them, and [for you], their price is forbidden, and for this the ayah was revealed: {ومِنَ الناسِ مَنْ يشتري لهوَ الحديثِ ليُضِلَّ عن سبيلِ اللهِ }
(From amongst men there are those who purchase ‘lahw al hadith’ without knowledge, to mislead from the Path of Allah and they ridicule it. For them there is a humiliating punishment)). [Luqmân: 6] (Narrated by Tirmidhi and Ahmad and Ibn Majah and al Bayhaqi)
7. عن شيخٍ شهد أبا وائلٍ في وليمة، فجعلوا يتلَعَّبون ويُغنُّون، فحلَّ أبو وائلٍ حبوتَه، وقال: سمعت عبد الله يقول: سمعت رسول الله r يقول “الغناء يُنبتُ النفاقَ في القلب ” رواه أبو داود. والحبوة (بفتح الحاء وضمها وكسرها) هي الجلوس على الإِليتين مع ضم الفخذين والساقين إلى البطن بالذراعين.
A sheikh who saw Abu Wa’il in a waleema where there was singing and playing going on, so Abu Wa’il sat in an upright manner and said I heard Abdulla say that he heard the prophet (saw) say: “Singing makes hypocrisy to grow in the heart like water makes herbs grow.” (narrated by Abu Dawud)
8. عن أبي الصَّهباء “أنه سأل ابن مسعود عن قول الله {ومن الناس من يشتري لهو الحديث } قال: الغناء”. رواه ابن جرير الطبري في تفسيره.
Abu suhaba says that he asked Ibn Masud (ra) about the ayah “from amongst men there are those who purchase ‘lahw al hadith” he replied that it was singing. (narrated by Ibn Jarir and by Tabari in his tafseer)
9. جاء في صحيح البخاري ما يلي (وقال هشام بن عمَّار حدثنا صَدَقة بن خالد حدثنا عبد الرحمن بن يزيد بن جابر حدثنا عطية بن قيس الكلابي حدثني عبد الرحمن بن غَنْمٍ الأشعري قال: حدثني أبو عامر أو أبو مالك الأشعري، والله ما كذبني، سمع النبي r يقول ” ليكونَنَّ من أمتي أقوامٌ يستحلون الحِرَّ والحرير، والخمرَ والمعازفَ، ولَينـزِلنَّ أقوامٌ إلى جنب عَلَم يروح عليهم بسارحةٍ لهم يأتيهم لحاجة فيقولون: إرجع إلينا غداً، فيُبَيِّتُهم الله ويضع العَلَم، ويمسخ آخرين قردةً وخنازيرَ إلى يوم القيامة “) ورواه الطبراني. والسارحة هي الماشية. والعَلََم هو الجبل.
It has been reported in the Saheeh Al Bukhari (And ibn Hisham ibn Ammar that Sadaqa Ibn Khalid narrated to him from AbdulRehman Ibn Yazid Ibn Jabir that he heard from Atiya Ibn Qays al Kilabi that he heard from Abdul Rehman Ibn Ghanam al Ashari who said: that Abu Amir narrated to us or Abu Malik al Ashari narrated to us, and by Allah he did not lie to me, that he heard the prophet (saw) say : “There will be from my nation a people who will deem fornication, silk (for men), alcohol, and music to be permissible; and there will be a people who will camp beside a high mountain, when a poor man passes by them and asks for a need, they will say to him, ‘Return to us tomorrow.’ In the morning Allah will make the mountain fall upon them and the others (who are saved) are transformed into apes and pigs, until the Day of Judgement.” (narrated by Tabarani)
B. The texts which are depended upon by the ones who permit singing or dislike it.
1. عن عامر بن سعد قال ” دخلتُ على قُرَظةَ بنِ كعبٍ وأبي مسعود الأنصاري في عرسٍ، وإذا جَوارٍ يُغنِّين، فقلت: أنتما صاحبا رسول الله r، ومِن أهل بدرٍ يُفعل هذا عندكم ؟ فقالا: إجلس إن شئت فاسمع معنا، وإن شئتَ فاذهب، قد رُخِّص لنا في اللهو عند العرس” رواه النَّسائي والحاكم وصححه.
‘Aamir Ibn Sa’ad narrates: I approached Qarazah Ibn Ka’ab & Abi Mas’oud Al-Ansari (ra) during a marriage ceremony when there was singing going on around and said to them: “You are the companions of the Prophet (saw) as well as you participated in the battle of Badr, and yet this (singing) is going on around you? They said: If you like sit and listen to it with us, and if you like, go away. This vain act is permitted for us during marriage ceremonies.” [Narrated in Nasa’i and authenticated by Hakim].
2. عن السائب بن يزيد t ” أن امرأة جاءت إلى رسول الله r فقال: يا عائشة أتعرفين هذه ؟ قالت: لا يا نبي الله فقال: هذه قَيْنةُ بني فلان، تحبين أن تغنيَكِ ؟ قالت: نعم، فأعطاها طَبَقاً فغنَّتها، فقال النبي r: قد نفخ الشيطان في مِنْخريها ” رواه أحمد بسند صحيح، ورواه الطبراني. والطبق هو الإناء.
Narrates Sa’ib Ibn Yazid: A woman came to the Holy Prophet (saw). He asked ‘A’ishah (ra): ‘Do you know her?’ ‘No, O Prophet (saw) of Allah’ she replied. He (saw) said:”This is the female professional singer of such and such tribe. Do you want her to sing to you?” Aishah said:”Yes”, so the woman sang for her, then the Prophet (saw) said “the devil blew in her nostrils.” (narrated by Ahmad and Tabarani)
3. عن جابر رضي الله تعالى عنه قال: قال رسول الله r لعائشة ” أهديتم الجارية إلى بيتها ؟ قالت: نعم، قال: فهلا بعثتم معهم من يُغَنِّيهم يقول: أتيناكم فحيُّونا نُحَيِّيكم، فإن الأنصار قومٌ فيهم غَزَل ” رواه أحمد بسند صحيح، ورواه البخاري من طريق عائشة بلفظ” أنها زَفَّت امرأةً إِلى رجلٍ من الأنصار، فقال نبي الله r: ياعائشة، ما كان معكم لهوٌ ؟ فإنَّ الأنصار يُعجبهم اللهو ” ورواه الحاكم وصححه، ووافقه الذهبي.
Narrates Jabir (ra): The Holy Prophet (saw) asked A’ishah:”Have you sent the bride to her house?’ ‘Yes’, she replied. He (saw) asked:”Did you send any singer with them who could sing for them?” ‘A’ishah (ra) replied in the negative. The Holy Prophet (saw) then remarked: It would have been better if you had sent a singer with them who would sing that we have come to you so welcome us, because the Ansar are a people who love singing.” (narrated by Ahmad with a Sahih chain, and by Bukhari on the authority of A’ishah with the words) “that she sent a bride for marriage to one of the men of the Ansar, the prophet asked her “O A’ishah” don’t you have lahw? the Ansar love Lahw” (narrated by Hakim and Dhahabi has approved it).
4. عن عائشة رضي الله عنها ” أن أبا بكر الصديق دخل عليها وعندها جاريتان في أيام مِنى تُغَنِّينان وتَضْرِبان، ورسول الله r مسجَّى بثوبه، فانتهرهما أبو بكر، فكشف رسول الله r عنه، وقال: دعهما يا أبا بكر، فإِنها أيام عيد… ” رواه مسلم.
Narrates ‘A’ishah (ra): Abu Bakr as Siddiq (ra) came to her residence while two female singers were singing and beating (instruments). The Holy Prophet (saw) had covered his face with his dress. Meanwhile Abu Bakr (ra) entered and [seeing the singers] rebuked me thus: ‘Satanic musical instruments in the presence of the Holy Prophet (saw)?’ On hearing this God’s Messenger (saw) turned towards him and said: ‘Leave them, these are days of the Eid.” (narrated by Muslim)
5. عن عبد الله بن بُريدة قال: سمعت بُريدة يقول ” خرج رسول الله r في بعض مغازيه، فلما انصرف جاءت جاريةٌ سوداءُ فقالت: يا رسول الله، إني كنتُ نذرتُ إِنْ ردَّك الله سالماً أن أضرب بين يديك بالدُّفِّ وأَتغنَّى، فقال لها رسول الله r: إن كنتِ نذرتِ فاضربي وإلا فلا، فجعلت تضرب، فدخل أبو بكر وهي تضرب ثم دخل علي وهي تضرب ثم دخل عثمان وهي تضرب ثم دخل عمر فألقت الدُّف تحت إِستها ثم قعدت عليه، فقال رسول الله r: إن الشيطان ليخاف منك يا عمر، إني كنت جالساً وهي تضرب فدخل أبو بكر وهي تضرب ثم دخل علي وهي تضرب ثم دخل عثمان وهي تضرب، فلما دخلتَ أنت يا عمر ألقت الدُّفَّ ” رواه الترمذي وقال: هذا حديث حسنٌ صحيحٌ غريبٌ، ورواه أحمد بسند صحيح، ورواه أبو داود والبيهقي.
Abdullah Ibn Buraidah narrates on the authority of his father: The Holy Prophet (saw) returned from some of his military expeditions. A black slave girl approached him and said: ‘I had vowed to beat the Daff before you if Allah brought you back safe and unhurt’. The Holy Prophet (saw) replied: ‘If you had vowed, then proceed, otherwise do not’. She started beating the Daff. Meanwhile Abu Bakr (ra) came while she was beating the Daff. Then ‘Usman (ra) and ‘Ali (ra) came and she continued beating the Daff. Then came ‘Omar (ra) and she covered her instrument under herself and sat over it as soon as she saw him. At this the Holy Prophet (saw) commented: ‘Omar, even Satan fears you, I was sitting and she was beating the Daff, and then Abu Bakr entered and she continued beating and then Ali entered and she continued beating and the Uthman entered and she continued beating but when you entered O ‘Omar she stopped the Daff’ (narrated by Tirmidhi and he said this is a Hasan Ghareeb hadith and Ahmad narrated it with a Saheeh chain and Abu Dawud & Al Bayhaqi also narrated it.)
6. عن يحيى بن سليم قال: قلتُ لمحمد بن حاطب: تزوجتُ امرأتين ما كان في واحدةٍ منهما صوت، يعني دُفَّاً، فقال محمد t: قال رسول الله صلى الله عليه وآله وسلم” فصْلُ ما بين الحلال والحرام الصوتُ بالدُّفُّ ” رواه الحاكم وصححه ووافقه الذهبي. ورواه أحمد بسند صحيح. ورواه ابن ماجة والنَّسائي، والترمذي وحسَّنه.
Yahya bin Salim said that I said to Muhammad Ibn Hatib “I married two women and there was no voice, i.e. there was no Daff in the marriage, so Mohammad Ibn Hatib said: the holy Prophet (saw) said: ‘the thing that distinguishes the allowable act (i.e. Nikah) from the forbidden one (fornication) is the beat of the tambourine and open declaration of the Nikah.’” (Al Hakim narrated and Dhahabi approved it, Ahmad also reported it with a Saheeh chain, and Ibn Majah narrated and Nasai as well did, and Tirmidhi narrated it and graded it as Hasan).
7. عن الرُّبيِّع بنتِ مُعَوّذ رضي الله عنها قالت ” دخل عليَّ رسول الله r صبيحة عُرسي وعندي جاريتان تغنيان وتُندبان آبائي الذين قُتلوا يوم بدرٍ، وتقولان فيما تقولان: وفينا نبيٌّ يعلم ما في غدٍ، فقال: أمَّا هذا فلا تقولوه، ما يعلم ما في غدٍ إلا الله ” رواه ابن ماجة، ورواه أبو داود بمعناه ورواه الترمذي وقال: هذا حديث حسن صحيح وجاء في روايته ” وجُوَيْراتٌ لنا يضربن بدُفُوفِهِن “.
Narrates Rabi‘, daughter of Mu‘wwadh (ra): On the morning of my marriage, the holy Prophet (saw) came to visit us while two slave girls were beating the Daff and singing in lamentation of my forefathers who had been killed during the battle of Badr. The girls were singing: “Among us is the Prophet (saw) who knows what will happen tomorrow”, he (saw) said: ‘Do not say this, as no one knows what will happen tomorrow other than Allah (swt).” (narrated by Ibn Majah, and Abu Dawud, Tirmidhi also narrated it and said that this hadith is Hasan Saheeh”
8. عن عائشة رضي الله عنها قالت ” دخل عليَّ أبو بكر وعندي جاريتان من جواري الأنصار تُغنيان بما تقاولت به الأنصار في يوم بُعاث، قالت: وليستا بمغنيتين فقال أبو بكر: أبمزمور الشيطان في بيت النبي r ؟ وذلك في يوم عيد الفطر، فقال النبي r: يا أبا بكر، إن لكل قومٍ عيداً، وهذا عيدُنا ” رواه ابن ماجة.
Narrates ‘A’ishah (ra): Abu Bakr as Siddiq (ra) came to her residence while two female Ansari singers were singing and beating (instruments) the songs of Bu‘ath. Meanwhile Abu Bakr (ra) entered and [seeing the singers] rebuked me thus: ‘Satanic musical instruments in the presence of the Holy Prophet (saw)?’ On hearing this Allah’s Messenger (saw) turned towards him and said: ‘O Abu Bakr, for all people there is a Eid, and this is our Eid” (narrated by Ibn Majah)
9. عن أنس بن مالك t” أن النبي r مرَّ ببعض المدينة، فإذا بجوارٍ يضربن بدُفِّهنَّ ويتغنَّين ويقلن:
نحـن جَـوَارٍ مـن بني النجـارِ يـا حبـذا محمـدٌ من جـارِ فقال النبي (ص) : اللهُ أعلم إِني لأُحِبُّكُنَّ ” رواه ابن ماجة بسند صحيح.
Anas Ibn Malik (ra) narrates that the Prophet (saw) passed through Madeenah and saw in a certain locality that some people were beating their Daff and singing: “We are the people of the Bani Najjar; We welcome Muhammad as our neighbour.”
The Prophet (saw) said: “Know that I love you all.” (Ibn Majah narrated through authentic chain).
10. عن نافع مولى ابن عمر t” أن ابن عمر رضي الله عنهما سمع صوتَ زَمَّارةِ راعٍ، فوضع أُصبعيه في أُذُنيه وعَدَل راحلته عن الطريق وهو يقول: يا نافع أتسمع ؟ فأقول: نعم، فيمضي حتى قلتُ: لا، فوضع يديه وأعاد راحلته إلى الطريق وقال: رأيتُ رسول الله r، وسمع صوتَ زَمارةِ راعٍ، فصنع مثل هذا ” رواه أحمد بإسناد صحيح.ورواه ابن ماجة والخلاَّل.
Nafe’ (ra), the servant of Ibn ‘Omar (ra) narrates that Ibn Omar (ra) heard the sound of flute and pushed his fingers into his ears and diverted his path while saying: “O Nafe’!” Do you hear? So I said to him: “Yes” and he kept on repeating this until I told “No”. Only then he removed his fingers from his ears and reverted to the earlier path, and said: “I saw the Prophet (saw) who heard the flute sound and did similarly.” [Narrated in Musnad Ahmad with an authentic chain, also narrated by Ibn Majah and al-Khallal].
11. عن عُقبة بنِ عامر رضي الله تعالى عنه قال: قال رسول الله r ” تعلموا كتاب الله وتعاهدوه وتغنَّوا به، فوالذي نفسي بيده لهو أشدُّ تفلُّتاً من المخاض في العُقُل ” رواه أحمد والدَّارمي والنَّسائي، ورواه النَّسائي أيضاً في السُّنن الكبرى، بلفظ “…والذي نفس محمدٍ بيده لهو أشدُّ تَفلُّتاً من العِشَارِ في العُقُل ” والعِشار والمخاض هي النياق الحوامل، جمع ناقة. والعُقُل جمع عِقال وهو الحبل الذي يُربطُ به.
‘Uqbah Ibn ‘Aamir (ra) says that the Prophet (saw) said: “Learn the book of Allah and abide by it and recite it well, by the One in whose hand is my soul, it (meaning, the Quran) is easier to lose (from memory) than a camel from its rope.” Narrated in Musnad Ahmad, al-Darimi, al-Nasai, and in Sunan al Kubrah with a different wording and identical meaning.
12. عن سعد بن أبي وقاص t أن رسول الله r قال ” ليس منَّا مَنْ لم يتغنَّ بالقرآن ” رواه الدَّارمي وابن ماجة.
Saad Ibn Abi Waqqas (ra) narrates that the Prophet (saw) said, “he is not from us who does not sing in the Quran” (narrated by al-darami and Ibn Majah)
We now examine the Isnad of the Ahadeeth narrated under the first opinion in order to conclude whether these are conclusive to rely upon or not?
The first hadith which was narrated by Abdullah ibn Mubarak from Anas bin Malik has a broken Isnad (chain), as four of its narrators are weak or unknown, and they are Ibrahim ibn Uthman, Ahmad Ibn Ghamar, Yazid Ibn AbduSamad and ‘Obaid Ibn Hisham alHalabi, therefore the hadith cannot be relied upon as evidence.
The second hadith was narrated by Ibn Majah from Abu Malik al-Ash’ari and in this chain is Malik Ibn Abi Mariyam and Dhahabi said about him: he is unknown, and therefore is a unknown narrator, in addition to the narrator Mu’awiyah Ibn Saleh, who was unaccepted by many of the scholars of Hadeeth because of his weakness, therefore the hadith is very weak and is abandoned.
The third Hadith which is narrated by Ibn Majah from Abu Umama in its chain exist Abu Muhallab Mutrah ibn Yazid who has been weakened by Abu Zar-al-Razi and Abu Hatim al-Razi. And Ibn Mu’in said: he is nobody, and Bukhari said: he is a refuser of hadith, and also in the chain is ‘Obaidulla al-Afriqi who has been classified as a weak narrator by Ahmad and Darimi and Darqutni. And ibn muin said: he is nobody. And ibn Madeeni said: he is a refuser of hadith. And Abu Mish’ar said: he is a companion of every problem. The hadith therefore is very weak and is not accepted.
The fourth hadith which has been narrated by Ahmad from Abu Umamah , in its chain exists Ali Ibn Yazid al-Alhani and he is weak. And similarly Qasim is also weak and therefore the hadith is very weak and is hence not accepted.
The fifth hadith which has been narrated Abdulla Ibn Ahmad Ibn Hanbal in Zawaid al-Musnad, in this chain exists Farqad as Sabakhi, Haithami in Majmu’a azzawaid said: Farqad is weak; al-Munziri also said that the hadith is weak. This hadith was also narrated by Saeed Ibn Mansur and in his chain there are three weak narrators, therefore the hadith is weak and hence is not accepted.
The sixth hadith which has been narrated by Tirmidhi from Abdullah Ibn Zahr from Ali Ibn Yazid from Qasim ibn abu Umama, from Ali Ibn Yazid, Tirmidhi said (some of the scholars of knowledge spoke against Ali Ibn Yazid and they claimed he was weak) and Bukhari said that he was a refuser of hadith and Nasaee said: is not trustworthy. Darqutni unaccepted it. And Shawkani claimed ‘Obaidulla Ibn Zahr and Qasim to be weak. Therefore the hadith is very weak and hence is not accepted.
The seventh hadith has been narrated by Abu Dawud from a sheikh whom Abu Wail had seen and it is clear that there is a unknown narrator who has not been named and he is the sheikh whom Abu Wail had seen, therefore the hadith is weak and is not accepted.
The eighth hadith which has been narrated by Ibn Jarir al-Tabari in his tafsir is a qawl (saying) of ibn Mas’ood and is not a marfoo’ hadith, and the sayings of Sahaba are not evidence (daleel), and they are ahkam shari’a for them and for those who do taqleed to them from the Muslims, and it is not obligatory for all the Muslims to do taqleed to it, and this is the saying of Ibn Mas’ood (ra) and his understanding from the ayah, in fact it is the sharh of (lahw) and it is a correct understanding as the has been quoted in the first hadith in the second section which says: “This vain act is permitted for us during marriage ceremonies.” i.e. singing is permitted during marriage ceremonies. As for the Prophet (saw)’s saying in the third hadith, when he (saw) asked ‘Aishah (ra): “Did you send any singer with them who could sing for them, because the Ansar like it”, i.e. they like singing. An observer in this would easily notice that singing is dispraised or censured because of its linkage (Qareenah) to being distractive from Allah (swt)’s path. If it were not so, there would be no censure. Any linkage to distraction from Allah (swt)’s path in any saying renders it to be dispraised while the act itself remains permissible. Singing is similar, it is permissible like any other permissible act unless linked to being distractive from Allah (swt)’s path. Hence this interpretation is not an evidence of its prohibition.
There is one hadith remaining which was reported in Sahih al-Bukhari which is a mu’allaq hadith, and this is one of the evidences for the ones who say that music and musical instruments are not allowed, we shall look into this hadith in some detail:
This hadith although narrated in Sahih al-Bukhari, it would be not correct to say that Bukhari narrated this hadith since Bukhari does not say (he informed us) or (he told us) or something of the similar words, he reports in a mu’allaq manner in the format (and Hisham ibn ‘Ammar said) and the mu’allaq Ahadeeth in Sahih al-Bukhari are not obliged to be taken as evidence although they can be referred to. The Ahadeeth mua’llaqa means that one narrator or more are not mentioned in the chain, and thereby the hadith is Munqat’i (unconnected), and I question: why did not Bukhari mention the one who narrated this hadith to him? Does this not indicate Imam Bukhari’s suspicion on the narration and the narrator, and therefore this hadith falls down from the level of being Saheeh.
Hisham bin ‘Ammar is a man of trust but when he became old his condition changed, his sayings could not be taken doubtlessly, Abu Hatim arRazi says (when Hisham became old he changed, he would read whatever was given to him and whatever was dictated to him, he would accept) and Abu Dawud from whom Al-’Ajari narrated (Hisham narrated four hundred Ahadeeth but his chains do not have a base), and he also said that Hisham would take the Ahadeeth from Abu Mish’ar and then narrate them, and after this he i.e. Abu Dawud said (I was afraid he would create doubts in the matter of Islam itself). Imam Ahmad Ibn Hanbal said: “He was somewhat fickle” and also said: “If you happen to pray behind him, repeat your prayers.” It is not correct to take Ahadeeth from such a narrator, moreover, Sahih Ahadeeth refute what he narrated.
Abu Dawud narrated in his Sunan with a good chain, starting with Hisham bin ‘Ammaar: (Abdul Wahab bin Najdah narrated to us, that Bashar bin Bakr narrated to us, from Abdul Rahman Ibn Yazid Ibn Jabir, that ‘Atiyah Ibn Qays narrated to us: I heard Abdul Rahman Ibn Ghanam al’Ash’ari say: Abu Amir narrated to us or Abu Malik, I swear by Allah another oath that he did not believe me that he heard the Apostle of Allah (peace be upon him) say: There will be among my community people who will make lawful (the use of) khazz and silk. Some of them will be transformed into apes and swine till the day of judgement”. And this has a strong chain with out any doubt but there is no mention of musical instruments and female singers, so it is obvious as to which of these narrations is preferred?
The Shari’a came inline with the innate nature of man and there is no proof to say that it is in conflict with the nature of man, and the singing as all of us know, is from the nature which I cannot comprehend that a man who lives for four years or more and does not listen to songs, our children from a very young age tend to sing and dance, so has Islam come to prohibit what is part of our nature?
In the end I say, if this was a hadith, with no contradiction with the other Saheeh Ahadeeth which we have presented, we would have relied upon it over weaker Ahadeeth. But the issue here is different, that there are many Ahadeeth which are Saheeh and Hasan and contradictory to this hadith, so how do we take it?
For these 5 reasons I do not take this hadith as an evidence for prohibiting singing and musical instruments.
And after we have finished discussing the Ahadeeth from the first section and we have demonstrated their weakness, let us now look at the Ahadeeth in the second section, and all of which are Sahih to take into consideration as evidence, from these we will derive the hukm for singing.
The first hadith permits singing in marriage ceremonies.
The second hadith permits the singing in other than marriage with musical instruments.
The third hadith permits singing and this occurred during a marriage ceremony.
The fourth hadith permits singing with a beating instrument and that can be the Duff and that happened at the day of Eid al Adha.
The fifth hadith permits singing with a Daff by a woman in the presence of men. It cannot be said that this does not amount to permission to sing; rather it allows compliance with one’s vow (nadhar), since if there was no vow, there would be no singing. This view is not correct because if the vow (nadhar) were to be for a sinful act, its compliance would not be permitted at all. If singing were to be sinful, the Prophet (saw) would not have permitted, for it is reported by ‘Aishah (ra) that he (saw) said: “Whoever vows that he will obey Allah, he must obey Him, and whoever vows that he will disobey Allah, he should not disobey Him.” This is reported by Bukhari, Abu Dawud and Nasai. Also since the Prophet (saw) is reported by ‘Imran Ibn Hussain (ra) that he (saw) said: “There is no compliance of a vow (nadhar) for a sin.” This is reported by Muslim. Thus since singing is permissible, the Prophet (saw) allowed the woman to comply with her vow because the Prophet (saw) had returned safely from the battle.
The sixth hadith indicates that singing combined with the Duff is mustahab in a marriage, and not only permissible (mubah), so singing is mandub (recommended) in the marriage and not permissible only.
The seventh hadith gives daleel for the permissibility of singing with the acceptance of the Prophet (saw) on the condition of not uttering haram things, the singing occurred during a marriage.
The eighth hadith gives daleel of permissibility of women singing in front of the Prophet (saw) and that happened on the day of Eid.
The ninth hadith makes singing with good word mustahab with the evidence that the Prophet (saw) permitted the singers and beaters (of Duff) when he said “by Allah I love you” and that is for motivating the singers and he did not restrict this time of singing to marriages or other occasions only.
The tenth hadith permits singing with a flute with the evidence the Prophet (saw) did not prevent the shepherd to sing with the flute, although he plugged his ears as a choice of his and not as an obligation, similar to the incident where he was presented with the meat of locust but he did not eat from and let the others eat form it. The people understand from this act of the Prophet (saw) to indicate that singing is makruh (disliked), but although they happen to have a (doubt) shubhah in this, they have erred. Singing was not specifically permitted for marriage ceremonies or Eid days, rather the permission is general.
The eleventh hadith gives daleel that the singing the book of Allah is Mustahab (preferred), and had singing been haram it would not have been recommended to be performed for the book of Allah.
The twelfth hadith urges singing in the book of Allah (swt).
From these discussions we come to a conclusion which does not have any shubhah (doubt), that singing is mubah (permissible), and is mandub (recommended) in marriage, and it perhaps is obligatory (fard) in Quran. After presenting these Sahih and Hasan Ahadeeth, is it correct to say that singing or listening to songs is prohibited?
The correct shari hukm is that singing is allowed and not haram in marriages and in the eids and on all occasions whether it is sung or listened to, and whether musical instruments are accompanied with it or not.
As for singing in a mixed gathering, or girls dance showing their charms, then this is haram and it is not permitted; not because of the prohibition of the singing, but rather because of what is combined with singing i.e. free mixing and dancing and display of their charms (tabarruj). And I say this in respect of singing which leads to sin or evil talk and kufr ideas, like the songs which Abdul Haleem Hafiz sang (قَدَرٌ أحمقُ الخُطا). Such singing there is no doubt in its prohibition, but as for the ones other than this, they are permissible generally, and recommended in marriages, and could be obligatory for Quran, but it is absolutely incorrect to say that it is haram.
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The Shari’ah and the Rule of Law – Islamic Governance for the 21st Century
The year 2011 ended with an irreversibly changed Middle East where the hegemony of several dictators collapsed at the hands of their oppressed populations. The Syrian and Yemeni peoples’ immense sacrifice and desire for change continue into 2012. There is little doubt that the world will further witness the collapse of other dictatorial regimes in the region.
Whilst the Muslims of the Middle East continue to sacrifice their sweat and blood for liberation from the shackles of dictatorship, the debate about the aftermath continues. In Egypt, for example, although the Ancien Régime remains largely intact, parliamentary elections were conducted at the end of November 2011 and the presidential election is expected to be held in July 2012. Nevertheless, the question of the form and character of the system of governance is far from settled. Although the role of Islam in the state will be inevitable, its extent of influence remains far from clear.
The Anglo-French-American triple alliance has added to the mist of confusion, as they painstakingly attempt to hijack the spirit of the protesters in order to install a new generation of rulers who would ensure the security and furtherance of Western interests in the region.
In such cataclysmic circumstances, the subject of whether Islam can deliver the rule of law under the shari’ah is in the minds of millions of Muslims. After all, nobody wants to return to the repressive days of Mubarak, Ben Ali and Gaddafi. People want an accountable, transparent, fair and just authority.
This article explores how the Islamic shari’ah can realise the hopes and aspirations of the millions of protesters in the Arab spring by ensuring that the rule of law is established. This article surveys the illustrious Islamic history and highlights how Islamic rule guaranteed the rule of law many centuries before the Europeans even dreamt of such standards. It is argued that the rule of law in the Muslim world can only be instituted under Islamic rule.
Definition of the “rule of law”
Prior to launching into defining the rule of law, it is important that certain misconceptions are dispelled. One such fallacy is the argument by many Western politicians that the rule of law is the monopoly of Western secular democracy. [1] For example, Thomas Bingham, the former lord chief justice of the English courts said, “There has been much debate whether the rule of law can exist without democracy. Some have argued that it can”. [2] Bingham’s assumption is premised on an erroneous notion that good governance can only be the result of democracy.
The West has hitherto paraded democracy as the only system available to mankind but failed to convince the Muslim world that democracy is the panacea for all its ills. As Mark Welton quite aptly recognises, “Democracy… is a high-value term loaded with positive connotations for Americans and Europeans. But the same term, used so indiscriminately by Western politicians, is also widely perceived in the Arab Middle East as a codeword, a “guise for Western efforts to re-conquer Arab territories and plunder their natural resources”. [3]
The Islamic legal and historical sources strongly rebut the suggestion that the rule of law is the sole possession of the West. As Welton elucidates, “…the concept embodied in the term “rule of law” is in fact a legal and political value shared by both the West and Islam, and if properly refined, can provide a useful framework for more effective discourse and understanding between these two traditions”.
So what do we commonly understand by the principle of the rule of law? Let us look at Bingham’s definition. Bingham asserts that under the rule of law “all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts”. [4] Islam in principle has no objection to this definition insofar as this definition can manifest within the Islamic legal and political framework. [5]
The rule of law necessitates that law is accessible and clear so that citizens of a state are aware of the boundaries of the law, which they must obey. The rule of law also applies to government and guarantees certain basic rights such as presumption of innocence until proven guilty, not to be arbitrarily detained without due process and right to fair trial in an independent court. All the executive and judicial organs of a state must uphold the rule of law because nobody is above the law. [6]
Brief analysis of the system of governance in Islam
It is well known that the system of governance in Islam is the Khilafah (caliphate). This system is well rooted both in the Islamic shari’ah and the history of Islam. It is a system that is quite unlike the Western democratic paradigm. The Prophet Muhammad صلى الله عليه وسلم said, “The Prophets ruled over the children of Israel; whenever a prophet died, another prophet succeeded him, but there will be no more prophet after me. There will soon be khulafah and they will number many. Fulfil the bayah [i.e. pledge of allegiance] to them one after another and give them their dues for Allah will verily account them about what He سبحانه وتعالى entrusted them with”. [7]
The Khalifah is the guardian of the people and his task is to ensure that the shari’ah is implemented so that justice prevails. Allah says,
وَإِنْ حَكَمْتَ فَاحْكُمْ بَيْنَهُمْ بِالْقِسْطِ ۚ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ
“And if you judge, judge with justice between them. Verily, Allah loves those who act justly”. [8]
Under the Khilafah, there is no separate legislature because the power of legislation lay not in man but in the Creator of man. Allah says,
فَاحْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ
“So judge between them by what Allah has revealed…” [9]
Allah also says,
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
“The command (or the judgement) is for none but Allah”. [10]
Sovereignty belongs to the laws of Allah, the shari’ah, not the people. It is the Khalifah who implements the shari’ah in the lands of Islam. As imam Abu’l Hasan al-Mawardi (died 450 AH) states, “Imamate is prescribed to succeed prophethood as a means of protecting the deen [Islam] and of managing the affairs of this world”. [11]
The rule of law is therefore established on the basis of the shari’ah. As Welton states, “The Islamic world, too, has a devotion to the rule of law that has prevailed through much of its history and, while severely impaired in the nineteenth and twentieth centuries by Western colonialism and its aftermath, has resurfaced as a desired virtue, fully compatible with Islamic law and tradition”. [12]
How the shari’ah guarantees the rule of law
This section of the article seeks to illustrate what role the people, the Khalifah and the judiciary play in establishing the rule of law under shari’ah.
a) The people
Allah سبحانه وتعالى says,
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْ ۖ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ
“O you who believe! Obey Allah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger”. [13]
Allah has thus obliged Muslims to obey the ruler who rules by the shari’ah.
Moreover, the Prophet Muhammad صلى الله عليه وسلم said, “A Muslim is obliged to hear and obey whether he likes it or not, except when he is required to do something that is sinful, in which case, there is no obligation to hear or to obey”. [14] Unlike democracies where obedience to the law of the land requires coercion by the state, Muslims historically lived by and obeyed the laws of Islam by and large without the need for coercion. This is because respect for and obedience to the laws of Islam is a matter of doctrinal and creedal obligation upon Muslims, which was the reason behind the success of the Khilafah. Thus, when Allah ordains upon Muslims to obey their rightful ruler, there is no option but to observe this command. This principle is well established in Islam from numerous ayat and ahadith.
b) The Khalifah
It is beyond the scope of this paper to elucidate the process of electing the Khalifah; however, it suffices to say that the majority of the classical scholars of Islam are unified on the view that the Khalifah assumes authority by approval and authority of the people. As imam al-Mawardi asserts, “…it is necessary for the electors to agree to his Imamate and that once agreed, it comes into effect because Imamate is a contractual agreement and it is not brought into being except by the contracting partner”. [15] The post-colonial despotic rulers of the Muslim world are therefore an anomaly in the history of Muslims.
The first Khalifah of Islam, Abu Bakr (RA), in his inaugural address said, “O People, I have been appointed over you, though I am not the best among you. If I do well, then help me. And if I act wrongly, then correct me… If I disobey Allah and His Messenger, then I have no right to your obedience”.
The second Khalifah of Islam, ‘Umar bin al-Khattab (RA) enunciated the attributes required of a Khalifah, “By Allah, O Ibn ‘Abbas, only the strong person without violence, the one who is gentle without being weak, the one who is economical but without being miserly, and the one who is generous without being wasteful is worthy of this affair”. [16]
The above abundantly illustrate that the Khalifah (and thus his executive subordinates) is required to be mindful of his obligations to the people and the shari’ah. He cannot be above the law but rather is subject to the law like everyone else.
The Khalifah fulfils, amongst the myriad of other obligations, the following as part of his responsibilities. The Khalifah must:
1. guard and protect Islam and its way of life against external influences and ensure that innovations do not creep into the pure message of Islam;
2. establish justice where disputes arise between litigants so that the strong does not oppress the weak;
3. implement the Islamic hadd punishment (i.e. criminal laws) so that the prohibitions of Islam are not violated;
4. possess the appropriate defence capabilities in order to defend the territories of the Islamic state and its citizens against external attacks;
5. manage the fiscal affairs of the state and collect the taxes prescribed by the shari’ah e.g. kharaj, zakah, jizya and ushur etc;
6. manage the funds of the treasury (Bait-ul-Mal), invest in public projects he considers necessary without being wasteful and pay the public sector employees’ salaries from the treasury; and
7. assume personal responsibility over the affairs of the people and execute the policies of the ummah without overreliance on delegation of authority.
Provided that the Khalifah conducts himself in accordance with the shari’ah as abovementioned, he would be deemed to have discharged his obligation to Allah and the people.
c) The judges
The Khilafah also has a strong judiciary which implements the laws of Islam, dispenses justice and keeps the executive accountable. Everybody under the shari’ah is equal before the law and judgment is pronounced without fear or favour. Principally, there are three types of judges in Islam: [17]
1. the Qadi settles disputes between people in private law matters and implements the penal codes;
2. the Muhtasib is responsible for dealing with communitywide issues that affect the public and wider society, e.g. unscrupulous traders who harm the wider public; and
3. the Mazaalim is responsible for investigating and settling the disputes between the ruler and the ruled. Essentially, this judge keeps the executive accountable and in checks.
When the Prophet صلى الله عليه وسلم was the head of the Islamic state in Medina, he was petitioned to intercede for a noble lady who had committed theft, but the Prophet صلى الله عليه وسلم said, “The nations before [us] were destroyed because if a noble person committed theft, they used to leave him, but if a weak person amongst them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad, committed theft, Muhammad would cut off her hand!” [18]
This hadith illustrates that even if the Prophet’s daughter had committed a crime, notwithstanding his position as the head of the Islamic state, he would have implemented the same criminal punishment upon his daughter without favour. Such approach is inimical to the rulers that litter the Muslim world today whereby the rulers, their families and their entourage enjoy unbridled favour and effectively operate above the law. This is a direct result of the absence of the shari’ah in the Muslim world.
There are detailed rules in Islam pertaining to the appointment of judges, the discussion of which is beyond the scope of this paper. However, let us again invoke the words of the second Khalifah of Islam, ‘Umar bin al-Khattab (RA) when he outlined the attributes a judge requires in an Islamic court. He said, “The task of the judiciary is an undisputed obligation and a sunnah to be followed. Seek to comprehend when people have recourse to you, for it is no use to speak of a right if it is not put into effect. See that your face, your justice and your sitting are the same between people, such that the lord does not hope for your partiality, nor the weak despair of your justice…” [19]
These words of wisdom essentially outline the justice one can expect to see under Islam. The Khalifah or the judiciary have no room to depart from this boundary and will be accounted by the people if any departure from the rule of law is apparent to the citizens. The Umayyad Khalifah ‘Umar bin Abdul Aziz (RA) once said “Rulers usually appoint people to watch over their subjects. I appoint you as a watcher over me and my behaviour. If you find me at fault in word or action guide me and stop me from doing it”.
The judiciary is principally responsible for accounting state officials, including the Khalifah and his governors, in cases of wrongdoings. [20] The remit of such judges is wide enough to serve the purpose. Imam al-Mawardi maintains that such persons have the authority to investigate abuse of power by rulers against the ruled, and to hold them to account for the injustice they may have inflicted. Such powers may be invoked by the judges irrespective of whether or not the citizens complain against the official concerned. [21]
During the early Umayyad era, there were some incidence of official misconduct whereby the citizens were deprived of the rights they were entitled to. However, these were not tolerable in Islam and thus Khalifah ‘Umar bin Abdul Aziz (RA) instituted formal procedures to investigate wrongdoings by officials, to the extent that he returned the goods that were seized by members of his tribe to their rightful owners. In the sight of ‘Umar members of his tribe were no different from the citizens of the Islamic state whose rights were violated. As imam al-Mawardi recorded in his treatise, “he would reject all such wrong doing and would maintain respect for just and fair practices or re-establish such practices if necessary”. [22] This practice of accounting state officials for abuse of power was carried out, in varying degrees, during the Abbasid era, for example, under al-Mahdi, al-Hadi, ar-Rashid, al-Ma’mun and al-Muhtadi.
The history of Islam contains abundant examples where abuse of power by state officials were investigated and remedied by judges. Such a judge may, amongst other matters, deal with:
1. abuse by tax officials, e.g., if they miscalculate the tax due from individuals and overtax. In such cases, the judge would order the return of the amount due back to the individual who overpaid;
2. allegations of deficiency, delay or negligence towards the payment of salaries of state employees who receive their salaries from the treasury. In such circumstances, the judge concerned would investigate and rectify any errors and ensure that their salaries are paid in a timely manner;
3. the restitution of private property seized unlawfully by state officials, even if he was a governor. The judge is obliged to investigate such allegations of seizure of property and effect restitution after conducting his investigation; and
4. unlawful seizure of property by one powerful individual from another due to his weakness. Upon investigating such complaints, restitution will be effected in accordance with the judge’s findings.
The rule of law deficit in the West
The West has over the past few decades lectured countries around the world to institutionalise democracy, the rule of law, justice and equality. However, the USA and the UK have been exposed in recent years for not practising what they preach. For example, both the USA and the UK have been systematically involved in practices such as “extraordinary rendition”, torture of terror suspects, indefinite detention without charge, unjust treatment of foreign nationals and intrusive spying on Muslims. As one American academic commented,
“Virtually every significant government security initiative implicating civil liberties – including penalizing speech, ethnic profiling, guilt by association, the use of administrative measures to avoid the safeguards of the criminal process, and preventive detention – has originated in a measure targeted at noncitizens”. [23]
Yet, this deficit of the rule of law is not just limited to the above. In June 2007, it emerged that Tony Blair had pulled the plug off a major fraud investigation by the Serious Fraud Office against the British arms manufacturer BAE Systems. It was reported that BAE secretly paid £1 billion to Prince Bandar of Saudi Arabia as “secret commission”, thus effectively bribing the Saudis to place the largest defence contract worth £43 billion, known as the al-Yamamah deal. [24] It was allegedly in Britain’s “national interest” to terminate this SFO investigation, thus sacrificing the rule of law under the pretext of Britain’s oft-quoted “national interest”.
Similarly, on the eve of Bill Clinton’s departure from office, he pardoned 140 convicted criminals/fugitives. Those pardoned included US billionaire Marc Rich, who was at living abroad to avoid prosecution by US authorities. It was alleged that Marc Rich made handsome donations to the Democrats to secure the pardon. [25] This “cash for pardon deal” scandal raised many doubts over America’s hollow claims that the US upholds rule of law. Needless to say, examples of abuse of power are quite common in the 21st century Wild West.
Conclusion
The above discourse evidently illustrates that the shari’ah has put in place all the ingredients necessary for establishing the rule of law, which is much needed in today’s turbulent Muslim world. History is testament to the fact that Islam had established an enviable civilisation under its rule. There is no reason why this cannot return. On the other hand, the tired and baseless suggestion that only democracy is the way forward for Muslims is hardly foolproof. Western politicians must wake up to the slogan in Tahrir Square, ash-shab yurid isqat an-nizam (the people want to bring down the regime).
Wakil Abu Mujahid
References
[1] Lord Goldsmith QC, “Government and the Rule of Law in the Modern Age”, lecture given on 22 February 2006 (former British Attorney-General)
[2] Thomas Bingham, the Sixth Sir David Williams Lecture (lecture given in 2006), p-35
[3] Mark David Welton, Islam, the West, and the Rule of Law, 19 Pace Int’l L. Rev. 169 (2007), p-172
[4] Bingham, p-5
[5] By deploying a common definition in this discourse vis-à-vis the rule of law, this paper is not intended to be an appeasement to the critics of Islam. To the contrary, Muslims advocating the shari’ah believe that Islam is inherently superior to any man-made systems because Islam originated from the Creator and not from the minds of weak men.
[6] This article excludes any discussion of a legislature because such a body is incompatible with the Islamic political and legal philosophy.
[7] Imam al-Nawawi, Riyad us Salihin (National Hijra Council, 1992), hadith no-657
[8] Qur’an: 5-42
[9] Qur’an: 5-48
[10] Qur’an: 12-40
[11] Abu’l Hasan al Mawardi, Al-Ahkam As-Sultaniyyah (Ta-Ha Publications, London, 2005 reprint), p-10
[12] Welton, p-173
[13] Qur’an: 4-59
[14] Imam al-Nawawi, hadith no-664 (reported in Bukhari and Muslim)
[15] al-Mawardi, p-15-16
[16] ibid, p-21-22
[17] Taqiuddin an-Nabhani, the Ruling System in Islam (Nidham ul Hukm fil Islam) (Khilafah Publications, London), p-205
[18] Narrated in Bukhari and Muslim
[19] al-Mawardi, p-108
[20] This is comparable to the public law remedies that Western citizens often invoke against public authorities.
[21] al-Mawardi, p-121
[22] ibid, p-118
[23] Bingham, p-15
[24] The Guardian, 7 Jun 2007
[25] BBC News, 22 Feb 2001 -
Refutation of Gradualism (tadarruj)
The following is an extract from the translation of the arabic book entitled ‘Dawa ilal Islam’ (Dawa to Islam) by Sheikh Ahmad Mahmoud, published in English by Revival Publications.
We want to look at, treat and demonstrate the corruption of the idea of gradualism in the adoption of Islam, and the ideas that result from this idea, such as the permission for Muslims to participate in the current systems. The view that Democracy is from Islam is an attempt to make Islam more acceptable to the mind. This is because these thoughts have a strong relationship with the work of some groups in bringing change.
So what is gradualism? What does it include according to those who hold this view? What are its justifications? What is the Shar’ee rule regarding it?
When the Muslims reached the abyss of spiritual weakness, material and intellectual backwardness and political decline, their thoughts came to reflect their bad situation. Those who adhered to Islam came to have thoughts that did not reflect the truth of Islam and its viewpoint towards life, rather they reflected a misunderstanding and a lack of comprehension of the facts of Islam and its view of life. The Kaafir colonialist, who came to control the affairs of the Muslims, was able to change them as he wished, and implant its own concepts and criteria amongst the Muslims. He planted his own thoughts, which bore fruits of different tastes; nice in the mouths of his enemies and sweet to their tongues. The round was to their benefit. The reason for this was not Islam, but rather its people, who had lost the clear adherence and the correct understanding. The Muslims tried to oppose this with an understanding that was affected by the reality and subject to their interests. However they were twisted attempts and lame steps that ended up in rapid failure and horrible surrender. Kufr continued to indulge itself freely in our lands without anyone to stop it or prevent it doing so. So how did the Kaafir colonialist attack Islam? And what was the response of the Muslims?
The Kaafir colonialist attacked Islam by accusing it of not being able to keep up with the time and provide solutions for the new problems. The Muslims responded by attempting to produce solutions from Islam that complied with the views of the capitalist system. Since the basis of the capitalist system completely contradicts the basis of Islam, they tried to reconcile the two contradictions. So they attempted to bring erroneous interpretations that produced erroneous concepts and criteria. These were then falsely attributed to the Shar’a. The aim was to harmoniseIslam and Capitalism and give the impression that Islam is able to keep up with the age. The result of this was that these solutions were adopted on the basis that they were Islamic thoughts, principles and criteria, and that Islam is understood by using them; even though adopting such thoughts meant leaving Islam and following the Capitalist system. Every call to reconciliation or every call that is affected by this idea is an invitation to adopt Kufr and abandon Islam. It also means carrying and inviting the Muslims to adopt the thoughts of kufr and abandon the true Islamic da’wah.
Therefore, when the Muslims during the declined periods tried to revive the Ummah with these thoughts, it made matters worse, and they were not able to take the Ummah out from the abyss that they were in, because they had descended into it themselves.
Hence, we began to hear mouths talking, whether intentionally or unintentionally, about the Islamic Sharee’ah, in an insolent way. They claimed that it is unreasonable, fourteen hundred years after the Messenger (saw) was sent, to arbitrate with the same previous mentality. In their view, we must modernise in a way that proceeds with the circumstances and takes Islam to leadership again. They said it must be given the image of modernity. It must have the modern thoughts grafted on to it so that the hearts are habituated to it again. It should come out of its obscurity, and away from the accusations of the people. Thus, its old image was no longer acceptable.
Some Muslims came with thoughts from this perspective. For them they formed intellectual principles, defined their course and gave their new direction in life. These are what we called the thoughts of the declined age, which appeared during the prevalence of the corrupt western revival in our lands. At the time when those Muslims thought that keeping up with the times, and benefiting from the western revived thought, was necessitated by the Shar’a so that Islam can stay on the level of the age.
So many thoughts, that served this orientation appeared, for example; ‘religion is flexible and evolving’, ‘take and then demand’, ‘accept what agrees with the Shar’a or that which does not contradict the Shar’a’, ‘committing the lesser of two harms or evils’, ‘if you cannot take the whole of it, don’t throw away most of it’, ‘gradualism in taking Islam’, ‘it is not rejected that rules change with the time and place’, ‘wherever there is an interest, that is the Shar’a of Allah.’ These thoughts and their like became the intellectual standpoint or principle that they called the modern Islamic revival. Their most important protagonist was the freemason Jamal ud-deen al-Afghani and his freemason student Muhammad Abduh, who was known as the Shaykhul Islam.
These things were said by people with bad intentions and evil designs in mind, so as to separate the Muslims from the source of their strength and cause weakness in them, that would prevent them from establishing the command of Allah (swt) once again.
Other people said these things out of good intentions and sound aims, thinking that these will be the healing balm for all the ailments of the Muslims today, in respect of the fall and decline of the Ummah.
The effect of such thoughts, whether uttered with good intentions or not, is the same. However, we warn the Muslims of the Kuffar’s plots against this deen and advise them to discard these thoughts, whose futility has been proven in the reality. They do not yield any good, and nor do they ward off any evil. Indeed, Allah (swt) has made made us the richest of people. In Islam there is everything we need, without the need for anything else. The nature of Islam itself obliges the method by which it should be taken. The Islamic deen has been revealed by Allah (swt) to treat life’s affairs. The Muslim has only to make Ijtihaad in the revealed Shar’ee texts, and not outside them, to know the Hukm of Allah (swt). The intellectual principles necessary for his life must be regulated by their Shar’ee evidences, because they are Shar’ee rules, which have detailed evidences. This method of Ijtihaad is fixed and the same; it is not allowed to alter it in any way. From this point, the basis of our revival starts, exactly as it started before.
It is important to mention some of the regulated Shar’ee thoughts and principles that must control the minds of the Muslims, in order to guide their direction and determine their orientation, so that they work in accordance with them. For example; ‘wherever the Shar’a lies, that is the interest and not the opposite’, ‘the basis of actions is that they are restricted to the Shar’ee rule’, ‘the basis of things is that they are permitted as long as there is no evidence of prohibition’, ‘the hasan (good) is what the Sharee’ah has said is hasan (good) and the qabeeh (reprehensible) is what the Shar’a has said is qabeeh (reprehensible)’, ‘the good is whatever pleases Allah (swt) and bad is whatever angers Him’, ‘there is no rule before the revelation of the Shar’a’, ‘whosoever turns away from the Zikr of Allah (swt) he will have a narrow difficult life’, ‘the Islamic Ummah is one Ummah to the exclusion of all other people’, ‘Islam does not accept patriotism, nationalism, socialism or Democracy’, ‘Islam is a unique way of life that differs completely from other ways of life.’
Familiarising ourselves with just some of the Shar’ee texts indicates clearly the importance of adhering to what the Salaf us-Salih (pious predecessors) used to follow and not to deviate from it to ibtidaa’ (innovation). This is because every innovation in the deen is reprehensible.
The Messenger (saw) said: “I have left you with something, which if you hold onto, you will never go astray. A clear matter; (which is the) Book of Allah and the Sunnah of His Prophet.” [Sirah of Ibn Hisham]. The word ‘never’ includes us.
And he (saw) said; “My Ummah will be divided into 73 sects. All of them will go to the Hellfire except one. They (the Sahabah) asked; ‘And who are they O Rasool of Allah?’ He (saw) said: ‘I, and what my Sahabah are upon today.’” [Reported by Abu Dawud, at-Tirmizi, Ibn Majah and Ibn Hanbal]
He (saw) said; “I have you left you on the resplendent proof, no one deviates from it after me except the one who has gone astray.” [Reported by Ibn Majah and Ibn Hanbal]
He (saw) said; “The best people are my generation, then those who came after, then those who came after them…” [Reported by Muslim]
He (saw) said; “…Verily he among you who lives [long] will see great controversy. Beware of newly invented matters, for every invented matter is an innovation and every innovation is in the Fire… Keep yourselves to my Sunnah and to the sunnah of the rightly guided Khulafaa’ – cling to them stubbornly.” [Reported by Abu Dawud and At-Tirmizi]
And he (saw) said; “Any action that is not according to our matter (deen) is rejected.” [Reported by Bukhari and Muslim]
These ahadith invite us to follow the good and warn us againt innovation. The order of goodness indicates that the adherence weakens the further away one is from the time of the Messenger (saw). This gives the sense that the more distant the time is, the stronger and more stringent our adherence needs to be, and the more we need to investigate the truth, and the more we need to be sincere. This is because we have been ordered to cling to the Sunnah of the Messenger (saw) and the sunnah of the righteous and guided Khulafaa’, and remain on what the Messenger (saw) and his Sahabah remained upon. So we must not innovate in the deen, or go into the newly invented matters, because the one who does this is rejected. So what is the way to ensure all of this in our days?
– We must preserve the Islamic ‘Aqeedah clearly and purely in our hearts; it should not be affected by any obscure elements. – We should drink from the pure and clear sources of Islam. – We need to protect the regulated method of deducing rules, which prevents people’s whims and personal opinions from infiltrating the Shar’ee rule. – We should make Islam the most important thing in our life; more important than ourselves, our children, family, interests and desires, such that the Word of Allah (swt) is the highest in ourselves, and that we do not put anything ahead of Allah (swt) and His Messenger (saw) and that we are in the same condition as the Muslims were in the time of the Salaf as-Saalih (pious predecessors). – We should discard all the thoughts and filth of Kufr from our minds and keep its excitement and glitter away from us. Just as the Sahabah (May Allah be pleased with them) discarded the filth of Jahiliyyah at the door of Islam and entered it pure and God-fearing.
All this requires that we go back to the beginning. Nothing will be better for the latter period of this Ummah than what was good for it in the beginning. This is a necessity no Muslim can do without, in every stage of his life. According to their closeness to or distance from this, their condition be determined as strong or weak.
After this introduction we can ask; What is gradualism? What does it include according to those who hold this view? What are the justifications given for it? And what is the Shar’a’s position regarding it?
Gradualism means achieving the required Shar’ee rule in stages, and not all at one time. This is what they call marhaliyyah. The Muslim first implements or calls for a non-Shar’ee rule, which is closer to the Shar’ee rule than the previous one in his view. Then he gradually implements or calls for, a change from a non-Shar’ee rule that is closer than the previous one, to what the hukm Shar’ee is in his view. Then he gradually implements or calls for a change from a non-Shar’ee hukm to another non-Shar’ee hukm that is closer to the Shar’ee hukm, until he reaches, according to his opinion, to the hukm Shar’ee.
This also means the implementation of some Sharee’ah rules and keeping silent over the implementation of other, non-Shar’ee rules, until with time he reaches to the complete application of the Shar’a.
This kind of gradualism is not restricted by a fixed number of stages. Nor is it subject to regulatory principles for those who advocate it. A single rule may take one, two, three or more stages. In this kind of gradualism, the situations and circumstances have a clear effect in defining the number of stages. They may be few or many, and the time period of each stage may be long or short.
The idea of gradualism may include thoughts related to the ‘Aqeedah, for example the acceptance of the statement that Socialism is from Islam, or that Democracy is from Islam. It may include Shar’ee rules, such accepting a woman wears a dress that reaches little below the knees, waiting in a following stage, that she wears according to the Shar’ee rule. It may be related to the system, such as calling for participation in ruling, even though it is Haram according to the Shar’a; even according to the acknowledgement of those who advocate gradualism. However, for them the demand is not intended to be for itself, but rather to achieve the ruling by Islam, which is the origin and the obligation, in a following stage. It may be by the work to establish certain Islamic rules, and remain silent over others in the hope that they will increase, and become dominant and then take the lead, and so on and so forth. Or it may be related to the da’wah when he calls people to all of this. So the one convinced of gradualism adheres to this style and attempts to call others according to this idea. The one who calls to such an idea may be so God-fearing that in terms of adherence, he does not accept any negligence on his part, but he accepts it for others, because of his concern for others, so that they do not reject the da’wah to the rules of Islam, and so that they may be on something better than being on nothing at all.
The justifications of those who advocate gradualism or marhaliyyah, and its refutation
The people who espouse this approach rely on justifications that they say support their understanding regarding thought and the Islamic da’wah. With this aim in mind, they cited justifications as proof for whatever they wanted. They were not subservient to the text and its indications. Rather they subjected the text to whatever they desired, as we shall see shortly. The following are some of the justifications.
1- Their view that Allah (swt) did not forbid usury all at once. Rather its prohibition was in phases and stages. He (swt) said; “And that which you gave in gift (to others), in order that it may increase (your wealth by expecting to get a better one in return) from other people’s property, has no increase with Allah, but that which you give in zakah, seeking Allah’s Countenence, then those – they shall have manifold increase.” [TMQ 30:39]
He (swt) said; “Eat not Riba (usury) doubled and multiplied.” [TMQ 3:130]
He (swt) said; “O you who believe! Be afraid of Allah and give up what remains (due to you) from Riba (usury) (from now onward), if you are (really) believers.” [TMQ 2:278]
He (swt) said; “And their taking of Riba (usury) though they were forbidden from taking it.” [TMQ 4:161]
“Allah has permitted trading and forbidden Riba (usury).” [TMQ 2:275]
From the summation of these verses those who call for gradualism say that riba (usury) was mubah (permitted) because of the first ayah. The prohibition of taking multiple riba as opposed to the small usury was revealed in the second ayah. Then in the third ayah, the little usury was forbidden when Allah (swt) said; “Give up what remains (due to you) from Riba (usury).” [TMQ 2:278]. Then they said that the prohibition of usury began by indirect suggestion and not by a clear statement as evidenced by the fourth ayah, which talks about the Jews. Finally, Allah (swt) forbade usury after this series of revelations and stages, by His (swt) saying; “Allah has permitted trading and forbidden Riba (usury).” [2:275]
The one who studies the correct Fiqh (legislative understanding) of these verses finds that the view concerning gradualism cannot be further from the truth.
– The first ayah has nothing to do with the prohibited usury in any way whatsoever. Its subject matter is gifts and presents. The meaning of the verse is whoever gives a gift or present and wants people to increase it or to reclaim it, then this has no increase with Allah (swt), meaning he will have no reward from Allah (swt). The Messenger of Allah (saw) said; “Whoever gave in charity the equal of a date from a tayyeb (halaal) earning – and Allah does not accept except tayyeb – Allah receives it in His right hand, then grows it for its giver the way one of you grows his little horse until it becomes like the mountain.” [Narrated by al-Bukhari]. And Ibn ‘Abbas said; “And that which you gave in gift (to others)” [TMQ 30:39], means if a man gives something as a gift wishing to get something better, that person will have no increase with Allah (swt) and nor will he be rewarded. However, he will not be sinful. It was with this meaning that the ayah was revealed (as reported by al-Qurtubi). Ibn Kathir (may Allah have mercy on him) said about this ayah; that the one who gives a present and wishes a return from people more than what he gave; then this person will not have the reward from Allah (swt). This is how it was explained by Ibn ‘Abbas, Mujaahid, ad-Dahhak, Qatadah, ‘Ikramah, Muhammad b. Ka’b and ash-Sha’bi. This type of action is mubah (permitted).
Ibn ‘Abbas said; “Riba (usury) is two types; one (Riba) that is invalid, which is in selling (trade), and the other, in which there is no harm; that is the gift of a person who wants in return for it more or multiple.”
– As for the second ayah; “Eat not Riba (usury) doubled and multiplied.” [TMQ 3:130]. It was revealed to prohibit the taking of multiple usury, which was the reality in the time of Jahiliyyah. There is nothing to indicate any restriction in the prohibition of usury.
The Mufassirun (scholars of Tafseer) have stated that it was in Surah Baqarah that the prohibition of usury came, and it was the first Surah to be revealed in Madinah. Sura Aali ‘Imraan, in which the prohibition of multiple usury came, was revealed after Baqarah. Therefore, it negates any notion that Allah (swt) permitted ‘little’ interest. Therefore, what was mentioned in the verse in Aali ‘Imran was not by way of gradualism, but it came as a mention of the normal practice of the Kuffar when dealing with usury. Thus, the hukm regarding the prohibition of Riba was revealed in the beginning.
– As for the third ayah; “O you who believe! Be afraid of Allah and give up what remains (due to you) from Riba (usury) (from now onward).” [TMQ 2:278]. This does not mean that the Muslims were allowed to take small amounts of usury and then they were forbidden from this. On the contrary, this verse was revealed regarding some people who had embraced Islam and had usury due from people to whom they had lent money with interest. They had already taken some of it and some remained. So Allah ‘Azza wajalla forgave them for what they had taken, and forbade them from taking the rest.
This understanding is supported by the saying of Allah (swt); “But if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums.” [TMQ 2:279]. Likewise the saying of the Messenger (saw); “Verily the Riba of Jahiliyyah is terminated – all of it; and the first Riba I terminate is the Riba of al-Abbas b. Abdul Muttalib.” [Sirah of Ibn Hisham]
– As for the fourth ayah; “And their taking of Riba (usury) though they were forbidden from taking it.” [TMQ 4:161]. The Riba intended here is the haraam money from bribery and other such money, which the Jews used to take, as Allah (swt) said; “(They like to) devour that which is forbidden.” [TMQ 5:42]. It does not mean Riba in the Shar’ee definition.
Thus, usury was haraam from the beginning of the legislation. There is nothing to indicate that it was forbidden in stages. The multitude of evidences mentioned regarding this subject, were for certain incidents. There is nothing in these to indicate gradualism.
2- Their opinion that Allah ‘Azza wa jall forbade alcohol in stages:
He (swt) said; “They ask you (O Muhammad [saw]) concerning alcohol and gambling. Say: ‘In them is a great sin, and some benefit for men, but the sin of them is greater than their benefit.’” [TMQ 2:219]. He (swt) said; “O you who believe! Approach not as-Salah (the prayer) when you are in a drunken state, until you know (the meaning) of what you utter.” [TMQ 4:43]. He (swt) said; “O you who believe! Intoxicants, gambling, al-ansab (animals slaughtered for idols), al-Azlam (arrows for seeking luck or decision) are an abomination of Shaytan’s handiwork. So avoid (strictly all) that (abomination), in order that you may be successful. Shaytan wants only to excite enmity and hatred between you with intoxicants and gambling, and hinder you from the remembrance of Allah and from as-Salah (the prayer). So, will you not then abstain?” [TMQ 5:90]
From the total of these verses, those who believe in gradualism say that alcohol was permitted in the beginning, as evidenced by the first ayah. Then the permission was restricted by Allah’s (swt) saying; “O you who believe! Approach not as-Salah when you are in a drunken state.” [TMQ 4:43]. Then it was forbidden, after this restriction.
The one who studied these verses from a legislative viewpoint, will not find any gradualism in the prohibition. Before its prohibition, alcohol did not have a rule. In other words, it was left permitted, ie the Shar’a was silent about it, even though the Muslims were drinking it until the revelation of the third ayah. This is further supported by what happened with Sayyiduna ‘Umar b. al-Khattab (may Allah be pleased with him), who said; “O Allah! Give us a clear explanation about alcohol, for it takes the wealth and the mind.”, and so the following ayah was revealed; “They ask you (O Muhammad [saw]) concerning alcohol and gambling.” [TMQ 2:219]. Thus, ‘Umar (ra) made Du’a and so this ayah was recited to him. He said; “O Allah! Give us a clear explanation about alcohol”, so the following ayah was revealed; “O you who believe! Approach not as-Salah when you are in a drunken state, until you know (the meaning) of what you utter.” [TMQ 4:43]. ‘Umar (ra) made Du’a and so this ayah was recited to him. He said; “O Allah! Give us a clear explanation about alcohol”, so the following ayah was revealed; “O you who believe! Intoxicants, gambling, al-ansab (animals slaughtered for idols), al-Azlam (arrows for seeking luck or decision) are an abomination of Shaytan’s handiwork. So avoid (strictly all) that (abomination).” [TMQ 5:90]. Hence, ‘Umar (ra) made Du’a and so this ayah was recited to him, until: “So, will you not then abstain?” [TMQ 5:90]. ‘Umar said: “We have abstained! We have abstained!” [Reported by Ahmad, at-Tirmizi, an-Nasa’i and Abu Dawud]
Sayyiduna ‘Umar continued to ask Allah (swt) to send down a clear explanation regarding alcohol, which was left permitted before the revelation of the first ayah mentioned above. He continued to ask Him (swt) despite the revelation of the first and second ayah, which indicates that it remained mubah (permitted) until the prohibition was revealed in the third ayah.
The prohibition in the second ayah is focused on the Salah and not alcohol. The ayah is to do with Salah.The one who scrutinises the Fiqh of this ayah will see that it does not forbid the Muslims from drinking at prayer, rather it prohibited praying in a state of intoxication, so that the Muslims know what they are saying. After the revelation of this ayah, if the smell of alcohol emitted from the mouth of the Muslim and he prayed, or he carried with him a waterskin of alcohol, or drank a certain amount of alcohol that did not affect his thinking, then there was nothing wrong with that.
Allah (swt) derided alcohol in the first ayah, because it brings harm. In the second ayah, prayer in the state of intoxication was prohibited. In the third ayah, alcohol was prohibited. This cannot be said to be gradualism, since no one permitted the drinking of alcohol after its prohibition ie after the revelation of the ayah of Surah al-Ma’idah, whether in the time of the Messenger (saw), Sahabah, and Tabi’in or those who came after them. The books of Fiqh of the great scholars and mujtahideen of this Ummah did not discuss gradualism in the prohibition of alcohol. The Islamic conquests took place in full swing, and the lands were opened up. The people used to enter the deen in hordes. The Muslims who conquered these lands did not give attention to the newness of the converts who had just embraced Islam, and nor were they silent about the drinking of alcohol. The Muslims who went to the lands did not wait until the converts had also passed the same stages as passed by the prohibition of alcohol, even though they may have needed gradualism; though that is of no significance. Our great early scholars were not familiar with the discussion of gradualism. Rather it is a new discussion, brought about by the severe reality and the difficult circumstances, from the views of some so-called scholars who wished to make it a way of thinking; not only regarding some particular rules but for the whole deen. The Messenger’s (saw) hadith was right when it stated; “Verily he among you who lives [long] will see great controversy, so you must keep to my Sunnah and to the sunnah of the rightly-guided Khulafaa’ – cling to them stubbornly. Beware of newly invented matters, for every invented matter is an innovation and every innovation is in Hell-fire.” [Reported by Abu Dawud and At-Tirmizi]
The question that the advocates of gradualism use as a way out is; is it allowed to take the previous Hukm under the pretext that rules came gradually?
The definite answer is; no. This is because the rule that prohibits alcohol is definite. The Shar’a does not permit us to go back to the previous rule, since we would have done what the Shar’a has ordered us not to do. This was the position of the Salaf (the early generations) and the Khalaf (those who came after). Alcohol today has the same Hukm. It does not change at all and the sin is not removed from the one who drinks it.
3- Their view that the Shar’a dealt with the problem of slavery gradually. This opinion is not valid, because Allah ‘azza wa jalla did not forbid the presence of slaves, rather He (swt) created a way out from it. If they came back into existence, then the rules will return and slaves will exist for the second time.
4- Their opinion that the Qur’an was revealed in parts and piecemeal; it was not revealed all at once, which indicates the presence of gradualism. The answer to this is that Allah ‘Azza wa jalla used to reveal the rules according to the incidents and events to strengthen the hearts on them. The first thing that was revealed was the Imaan. The Paradise and Hellfire were discussed first, and then the halaal and haraam came. This does not constitute taking part of what was revealed and leaving another part. The Muslims were responsible within the limits of what was revealed. Their responsibility did not go beyond this. When the Imaan was revealed, but the rules were not, the Muslims were responsible for the whole of Islam, but according to the details explained by the Sharee’ah texts at the time. Thus, the Muslims are responsible for the individual Shar’ee rules in all circumstances, whether the Islamic State existed or not. As for the Shar’ee rules entrusted with the Islamic State, they relate to the State. This is the detail that binds the Muslims, and nothing else. And so, we can say there is no turning back.
Now, after having examined what the meaning of gradualism is, and what it includes and what its justifications are, we move to explaining the correct Shar’ee opinion, with the Shar’ee way of thinking.
I say the correct opinion, and not the opinion that is closest to being correct, because the idea of gradualism is not from the Shar’a, and it is not allowed to be attributed to the Shar’a. The issue does not relate to gradualism and whether it is a Shar’ee rule or not, as much as it relates to a way of thinking not at all approved of by the Shar’a.
That is because Islam has a nature that is radically different from anything else. The nature of the Islamic system is that it is established on exclusively following the wahy (revelation); while the man-made system is based on human innovation and experiance which, however strong, will remain deficient in setting down the correct solutions for mans’ problems.
When the Muslim adheres to the Shar’a, he must make the basis of his adherence the Imaan in Allah (swt), otherwise his adherence will not be accepted. When he calls others to Islam, he must make the basis of his da’wah the Imaan in Allah (swt), otherwise his da’wah will not be accepted. The matter is primarily concerned with Imaan, and then to the correct adherence.
So that the Muslim can change himself, and change the systems in a correct and sound manner, he must concern himself with the spiritual basis, by first establishing it, and then nurturing it. It will then be easier for him to adhere to Islam, regardless of whether it agrees or does not agree with the reality, nature and the desires of the people. Not relying on the spiritual basis will cause the Muslim to fall into sin, even though it did not lead him to kufr. The fact that Islam has a spiritual basis, ie Imaan in Allah (swt), does not indicate if this hukm is near to or far from the truth. Rather, if we look at this hukm in light of the basis, then we will see how close to or far away from this basis it is.
Now let us ask those who advocate the idea of gradualism; Where is the spiritual basis in this call? Where is Allah’s (swt) order to be found in it? When did the Messenger (saw) ever resort to it – even though he was in need of it – either in Makkah or Madinah?
Didn’t the Messenger (saw) say to Bani ’Aamir b. Sa’sa’ah, when he (saw) sought the Nusrah from them; “The matter (authority) is for Allah; He (swt) places it wherever he wishes.”? [Sirah of Ibn Hisham]. This was even though he desperately needed someone to support the da’wah. This is what he (saw) said when they asked if they could take the power after him. Couldn’t he have accepted their request, and then after they had professed belief changed their request? Isn’t it the true da’wah and divine order that has made him (saw) honest in what he says without any flattery or compromise, so that those who were to live might live after a clear evidence, and those who were to be destroyed might be destroyed after a clear evidence?
Didn’t the Messenger (saw) say to his uncle Abu Taalib, when the latter asked him to lighten the call, and not place an unbearable burden on him; “By Allah O uncle! If they had put the sun in my right hand and the moon on my left, so that I may leave this matter; I will not leave it until Allah made it prevail or I die in the attempt.”? [Sirah Ibn Hisham]. This text from the Messenger (saw) shows that he did not accept to compromise in the slightest, and he gave the best example for his da’wah. He did not compromise or flatter. He did not go along, acquiesce with, or court those in authority. Rather his da’wah was explicit and bold, because that generates the true thoughts with which the falsehood is defeated and destroyed.
Didn’t Allah (swt) order the Muslims to make Hijrah from the place where they are not able to undertake what He (swt) made obligatory on them? Didn’t He (swt) forbid them to reside there when He (swt) said; “Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them) they (angels) say (to them): ‘In what condition were you?’ They reply: ‘We were weak and oppressed on earth.’ They (angels) say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’” [TMQ 4:97] Ibn Katheer has transmitted an Ijmaa’ (consensus) on the prohibition of residing in a place where the Muslim is not able to establish his deen.
Didn’t the Messenger (saw) start his da’wah with ‘Laa ilaaha illallah Muhammadur rasoolullah’, and challenge the people with it? It was also his last statement, without any change. Did he call to something less than that at the beginning, and then go on with it gradually? Or was it his (saw) first and last Call?
Didn’t Abu Bakr fight against those who withheld the payment of Zakah, and not delay his response to them or please them? He made his well-known statement; “By Allah, if they withhold from me the rope of a camel, which they used to give to the Rasool of Allah, I would fight them.” This was his response even though the Muslims witnessed widespread movements of apostasy and rebellion at the time.
Did the first Muslims who carried the da’wah to Islam ever carry this idea of gradualism? Did they follow this path when they implemented Islam upon the conquered countries, whose land changed from dar al-kufr to dar al-Islam? The early Muslims did not give any attention to the circumstances of those people who were new to Islam. They did not leave them to drink alcohol, waiting for them to become used to not drinking alcohol, dealing with usury or being addicted to women. Rather they entered into Islam completely and abstained from usury, fornication, alcohol and everything Allah (swt) prohibited them from doing. They used to implement the Shar’ee rules regarding the non-Muslims, whether they were individual ones, collective ones, personal one or ones of sufficiency.
Did the original books of Islamic Fiqh deal with this subject? Did our early trustworthy jurists and Mujtahideen make any mention of gradualism, though it is known that our jurists discussed in detail the kulliyat (total) and juz’iyat (branches) of the Sharee’ah?
The Sharee’ah in its totality indicates that the obligation of the da’wah be exemplified by honesty and keeping on the straight path; “All the praises and thanks be to Allah, Who has sent down to His slave (Muhammad [saw]) the Book, and has not placed therein any crookedness.” [TMQ 18:1]. Allah (swt) informed us that the Kuffar wish that we compromise and be compliant with them. They want us to relinquish the truth, and accept a quarter or a half of the solution. They want to start by trying to make us do kufr, as in His (swt) saying; “Many of the people of the Scripture (Jews and Christians) wish that they could turn you away as disbelievers after you have believed, out of envy from their own selves…” [TMQ 2:109], and will end with trying to make us take the rules, as in His (swt) saying; “They wish for you to compromise with them, so they (too) would compromise.” [TMQ 68:9] “So (O Muhammad [saw]) obey not the deniers (of the verses).” [TMQ 68:8]. Our Lord has warned us against inclining toward the unjust people; “And incline not toward those who do wrong, lest the Fire should touch you, and have no protectors other than Allah, nor you would then be helped.” [TMQ 11:113]
The true da’wah to the true Imaan makes the Muslim’s adherence complete, even if he was new to Islam and to its adherence. Our obligation, as da’wah carriers, is nothing but to implant the Imaan in our hearts and devote ourselves to this, until it bears fruit, with the best adherence and Taqwa. The Islamic State, when it is established, will not be established at the hands of people who are devoid (of any Islamic concepts) or full of western concepts. It will not be established by people in whom the da’wah did not work, it will have influenced them and made them accept it. Rather, as we have stated previously, the State must be established upon a public opinion that emanates from a general awareness, which accepts the idea of Islam and of being ruled by it. There is no need to resort to the idea of gradualism, under the pretext of drawing the hearts and minds closer to Islam; nor is there a need to yield to the weakness of human beings or to go along with the reality, because Allah (swt) has ordered us to change the hearts and minds and the reality by Islam.
If we return to the Qur’an and examine its ayaat, we will find that the command in it is decisive, and that gradualism is from the foreign western thoughts, having been interpolated by so-called scholars through lies and falsehood.
Whenever an ayah was revealed, the Messenger (saw) and the Muslims with him, rushed to implement it without the slightest delay. The implementation of any hukm that was revealed became obligatory, simply because it had been revealed. After the revelation of His (swt) saying; “This day, I have perfected your deen for you, completed My favour upon you, and have chosen for you Islam as your deen.” [TMQ 5:3], the Muslims became obliged to apply the whole of Islam, whether it is in beliefs, ‘ibadaat, akhlaq, mu’amalaat, and whether the rules relate to ruling, economy, social system or foreign policy, in times of peace and war.
-His (swt) saying; “And whatsoever the Messenger (Muhammad [saw]) gives you, take it, and whatsoever he forbids you, abstain from it.” [TMQ 59:7], ie take and act upon whatever is brought by the Messenger (saw), and refrain and keep away from everything he has forbidden you. This is because the ‘maa’ in the ayah has come in the ‘aamm (general) form. Thus it includes the obligation to act upon all the obligations, and refrain and keep away from all the prohibitions. The order to take or leave that is mentioned in the ayah is an obligation and this is due to the Qareena (indication) at the end of the ayah, which ordered Taqwa and warned of a severe punishment for the one who does not act upon this ayah.
-His (swt) saying; “And judge (O Muhammad [saw]) between them by that which Allah has revealed and follow not their vain desires, and beware of them lest they turn you far away from some of that which Allah has sent down to you.” [TMQ 5:49]. This ayah also gives a decisive order to the Messenger (saw) and the Muslims after him to rule by all the rules revealed by Allah (swt), whether it is a command or a prohibition. It also forbids the Messenger and the Muslims after him from following the whims of the people, and submitting to their wishes. Likewise it warns the Messenger (saw) and the Muslims to be aware in case people try to turn them away from applying some of what Allah (swt) has revealed.
– Allah (swt) said; “And whosoever does not judge by whatever (maa) Allah has revealed, such are the Kaafirun (disbelievers).” [TMQ 5:44] – And He (swt) said; “And whosoever does not judge by what Allah has revealed, such are the zaalimun (unjust, oppressors).” [TMQ 5:45] – And He (swt) said; “And whosoever does not judge by what Allah has revealed, such are the Faasiqun (transgressors).” [TMQ 5:47]
In these ayaat, Allah (swt) described those who do not rule by what Allah (swt) revealed as being disbelievers, oppressors and transgressors. This is because the ‘maa’ mentioned here came in the ‘aamm (general) form, so it includes all the Shar’ee rules revealed by Allah (swt), whether they are commands or prohibitions.
From everything has been mentioned, it certainly becomes clear with no ambiguity, that it is obligatory on the Muslims, whether as individuals, groups or the State, to apply the rules of Islam completely without any delay, procrastination or gradualism. There is no excuse for the individual, group or State for not implementing the rules.
Gradual implementation completely contradicts the rules of Islam. The one who applies some of the rules and leaves some, is considered sinful in the sight of Allah (swt), whether it is a individual, group or State.
The waajib (obligated) remains a waajib and it is obligatory to act upon it, and the haraam remains haraam and it is obligatory to stay away from it. When the delegation of Thaqeef asked the Messenger (saw) to leave al-Lat for three years without breaking it, or to exempt them from praying on condition that they embrace Islam, he (saw) did not accept it from them and he rejected it completely. He (saw) insisted on destroying the idols without any delay, and insisted that they pray without any delay.
Allah (swt) has described the ruler who does not apply all the rules of Islam, or the one who applies some of them only, as a kaafir. This is if he does not believe in the suitability of Islam or does not believe in the suitability of the rules he has abandoned. He is described as an oppressor and transgressor, if he does not implement all the rules of Islam or he implements some of them whilst believing that Islam is suitable for implementation.
The Messenger (saw) has made it obligatory to fight the ruler and unsheathe the sword to his face if he displayed any kufr buwah (explicit disbelief) for which we have a burhaan (clear proof) from Allah (swt). In other words, if he ruled by the rules of kufr, and there is no doubt that they are kufr rules; and this is regardless of whether they are few or many. This is owing to the hadith of ‘Ubadah b. Saamit: “that we would not dispute with the people in authority, unless you witness fragrant kufr for which you have a burhaan (conclusive proof) from Allah.” [Reported by Muslim]
Therefore there is no complacence or gradualism in the implementation of the rules of Islam, since there is no difference between one waajib and another waajib, or between one haraam and another haraam, or between one hukm and another hukm. The rules of Allah (swt) are all the same. They should be applied and executed without any delay, postponement or gradualism. Otherwise the saying of Allah (swt) will apply to us; “Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment.” [TMQ 2:85]
There is no excuse for the Muslim not to apply a Shar’ee rule, whether he is a ruler or a normal individual, unless there is a Shar’ee rukhsah (dispensation) mentioned in the Shar’ee texts. Inability is considered a Shar’ee dispensation, in the case of true and tangible weakness (or what is most probably that) ie in the case of true compulsion, such as the case of the one coerced into doing a haraam or the example when the Messenger (saw) offered a third of the fruit produce of Madinah to the tribe of Ghatfaan, or the example of the Khaleefah who accepts to resort to arbitration with rebels, or when carrion becomes permissible for the one who is under duress and fears death.
From what we see in this gradual approach, we find that such an idea has arisen amongst its advocates because of the pressure of the reality. To free themselves from such pressure, they went to hunt for evidences for this approach, so as to provide a justification and permission to do da’wah according to it. This is because the idea existed first, and then they produced a Shar’ee evidence, which they interpreted in such a way as to serve the idea. This is the beginning of deviation. Our advice to those Muslims who are established on the idea of gradualism is that they must discard the weakness they have within them. Their linkage to the Shar’a should be that of the one who trusts his Lord, has a strong Imaan that He (swt) is the one who manages the affairs, and changes the circumstances, and that He (swt) grants the victory to those who deserve it. They must be like this, so that with this Imaan they can face the severity of the reality and the harshness of the circumstances. So he feels elevated with his Imaan above (the reality) and makes it the departure point of the da’wah and the final point. All this will be reflected, in terms of the correct restriction and right adherence (to the Shar’ee rules), on those whom we invite. This will happen without the need for gradualism.
The call to gradualism is a call to other than Islam, and this is haraam. This makes the non-Muslim, or the deficient Muslim who is invited on this basis, hesitant in accepting what is presented to him. The responsibility of this hesitancy lays on the one who calls for gradualism. This is because Islam has not been presented to him, and because his presentation is far away from the spiritual basis that is based on the Imaan in Allah (swt), the Creator and Manager of all affairs, and on whose basis the Shar’ee rule is adopted or rejected. This makes the hujjah (proof) of Allah (swt) against those Muslims who call for gradualism; not against the ones whom they invited.
The call for gradualism includes interference and domination over the legislation, when it allows people to make partial implementation, under the pretext that they are not strong enough to make complete and immediate application. We are ordered not to put anything in front of Allah and His Messenger, or deviate away from them. The one who solves the problems of man is His Lord, the All-Knowing, the All-Informed, Who knows what He has created. How can the Muslim allow himself, when he calls for gradualism, to interfere in this process of legislation? The correct position is that the task of the da’ee (carrier of the da’wah) is restricted to executing and conveying the solution; not legislating it.
The call to gradualism provides the da’ee with a corrupt way of thinking, on whose basis he invites the people. When the person that he calls to gradualism is affected by it, it will corrupt his way of thinking, which must be changed just as the erroneous thoughts have to be changed. This is if we know that the way of thinking comes at the beginning of the transformation process, since it is more important than the changing of thoughts. We cannot ensure a credible change of the Ummah until we change her way of thinking, even in a general manner. This corrupt method by which he thinks and calls people will take the place of the correct method.
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Q&A: About Dua’a (supplication)
The following is the translation of an Arabic Q&A from the website of Sheikh Ata’ Abu Rashta.
Question:
Discussion took place at a meeting on the subject of prayer, particularly what has been mentioned in the book “Concepts of HT” at page no. 57 and 58… so, it is stated: Is supplication (Dua’a) is an action which is for reward only? Or it an action which achieves tangible result also? Is the method of implementation of Islamic idea is not incorporated in supplication (Dua’a), rather these are materialist actions which achieve tangible results? Is combining these actions with supplication (Dua’a) contrary to the method of Islam? And what about the Hadith of the Prophet (saw): “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly“. I.e. are there tangible results which happen due to effect of Dua’a as if does Allah expedite realization of the need of the supplicant in Duniya? As Allah favours his servants by responding to the supplication of the distressed one when he calls Him, as mentioned in the noble Ayah (Is not He (better than your gods) Who responds to the distressed one, when he calls Him)…
Kindly clarify this matter and May Allah reward you.
Answer:
There seems to be confusion in understanding what was mentioned at pages 57 and 58 of the Concepts. So, what is mentioned therein on the subject of Dua’a, and that it attains non-tangible results “reward” is in the context of a particular case, i.e. the Shar’ai rules have explained the method of dealing with any issue. However, we don’t utilize it. Rather, we suffice to supplicate only. The book has cited the examples of Jihad and Dua’a, towards opening a fortress or fighting an enemy…
With regard to the other circumstances, Dua’a may produce tangible results if Allah wills in addition to the award as mentioned in the reported hadith of the Prophet (saw), which was stated in the question.
In order to shed light upon the matter, I will review what was mentioned at pages 57 and 58 of the Concepts:
1- It was mentioned at the beginning of page 57: (On examining those actions which are defined by the Shar’ai rules related to the Tareeqah, we find that they are materialistic actions achieving tangible results. They are not actions aimed at achieving non-tangible results…), end of quotation.
And this is correct. By examining the evidences, it is found that the actions related to the Tareeqah achieve tangible results.
2- Then the book compared the above text between Dua’a and Jihad in case of opening a fortress or city or killing the enemy, and deemed that the prayer (Dua’a) alone is not the way and that Jihad is the method in this case on the strength of the evidences stated therein …
It was stated in the Concepts: (For example, supplication (dua’a) is a materialistic action that achieves a spiritual value, and jihad is also a materialistic action that achieves a spiritual value. However, dua’a, although being a materialistic action, it achieves a non-tangible result which is the reward even if the intention of its performer was to achieve a spiritual value. This is in contrast to jihad, fighting against the enemy is a materialistic action which achieves a tangible result, e.g. the opening of a fortress or city, or killing the enemy and the like, even if the intention of the mujahid was to achieve the spiritual value…)
So, the comparison here is between prayer (dua’a) and Jihad at the time of fighting enemies or opening a fortress..:
If only dua’a is performed, it achieves a non-tangible result which is the reward. This is because the way stated in this case is Jihad and not Dua’a. So, the topic here is to make comparison between the supplication (dua’a) alone, in case it was used alone in a issue without adopting the way clarified for the same issue.
This case cannot be generalized by making the supplication (dua’a) ‘in other cases, which don’t have any effect in the tangible results, rather they only achieve the reward! For the reason that what has been mentioned in the earlier passage is related to a issue which in the Sharia has a practical way that was not followed; rather only the supplication (dua’a) was performed and supplication (dua’a) achieves non-tangible results which is reward.
It seems that the confusion came from the sentence stated in the example that cited, so it has been stated “However, dua’a, although being a materialistic action, it achieves a non-tangible result which is the reward…“, so the sentence was considered by some of you to have a general implication i.e. the supplication (dua’a) in all cases achieves only the non-tangible results “reward”, while the context of the parable is in a particular case, which is to make use of only the supplication (dua’a) in opening a fortress or defeating an enemy without adopting the way (required to achieve the target) which was stated in the texts to be “Jihad”.
3- As for the supplication (dua’a) together with adopting the means, it have impact on the results, as it was practiced by the Prophet (saw) and his companions (may Allah be pleased with them). So, the Prophet (saw) used to prepare the army and also enters Al Arish supplicating Allah. The Muslims in the battle of Qadisiyah were preparing themselves to break into the river, and (at the same time) Saad (may Allah be pleased with him) was engaged in supplication to Allah… This way the true believers used to prepare themselves (for the battle) and supplicate for blessings of Allah. Likewise, anyone seeking to earn livelihood, strives and works hard as well as supplicates Allah; the student studies and take pains as well as ask Allah for the success and accordingly, it has impact on the results if Allah wills.
It was stated in the Concepts at the bottom of page 58: (It must be noted that though the action indicated by the Tareeqah is a materialistic action which achieves tangible results, this action should be directed by the commands and prohibitions of Allah with the intention of earning Allah (saw) pleasure. The Muslim must also be dominated by his awareness of his relationship with Allah, so he seeks nearness to Allah through salah, dua’a, recitation of the Qur’an and so on. He must also believe that Nasr is from Allah. It is necessary that Muslims maintain taqwa established in the heart to implement the rules of Allah. It is also necessary to make dua’a and to remember Allah (dhikr), and to maintain the relationship with Allah whenever undertaking all actions). So the importance of Dua’a coupled with adopting the means is evident in all actions of the believer. And the repetition of the word “must” has increased this importance to show the great significance of connecting all the actions with Dua’a and always having close relationship with Allah…
4- Performing Dua’a together with adopting the means, as we said earlier, was the practice of Prophet (saw), his companions (may Allah be pleased with them) and the believers. They, when coupled together, have the impact on the results if Allah wills, and their simultaneous use does not violate the Islamic way. Rather, what violates the Islamic way is to get restricted to Dua’a only without adopting the way explained by the Shar’ai rules for implementing the Islamic fikrah (Idea).
It was stated at the end of page 57 and beginning of page 58: It is completely unacceptable that all actions used to implement the Islamic Fikrah be those actions that achieve non-tangible results. This is contrary to the nature of the Islamic Tareeqah…) i.e. it is contrary to the nature of Islamic Tareeqah that “all the actions aimed at implementing the Islamic Fikrah are the actions which achieve non-tangible results”. However, the fact that some of them that achieves non-tangible results “Dua’a in specific cases” are coupled with actions that achieve tangible results “the materialistic preparation” so it is an expected and significant matter and is not contrary to the nature of Islamic Tareeqah.
5- Thus, what was stated in the Concept on the subject of Dua’a, has two conditions:
First: It alone should be used to implement a Fikrah, which has no specific way for implementation. Rather, the texts stipulated another way to implement it such as Dua’a in the case of fighting the enemy, that we should stand in front of the fortress in order to open without preparing an army for fighting but to resort to Dua’a only. In such a case, Dua’a does not achieve except non-tangible results and that is “reward”.
Second: Dua’a should be coupled with adaptation of the means and this is an indispensable matter. In such a case, both participate i.e. “Dua’a and adopting the means” in having impact on the results if Allah wills.
And there is nothing in the “Concepts” which talks about Dua’a in other cases. Rather, that is covered by the general hadith stated by Ahmad in his Musnad, reporting from Abu Al Mutawakkil, who reported from Abu Sa’eed that the Prophet (peace be upon him) said: “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly” i.e. Allah the Almighty responds to the supplicant with one of the three, including “Either He will answer his prayer quickly“. And this is a tangible result.
6- Therefore, there are possible tangible results of Dua’a in a case other than what was stated in the Concepts, as the Hadith mentioned one of the three “Either He will answer his prayer quickly” and this is a tangible result. Example of this is what happens in Salat Al Istisqa (the prayer for rain) “which is a Dua’a” in terms of achieving tangible results by the rainfall, and what happens in ruqyah “which is a Dua’a” in terms of achieving tangible results by the healing of patient. These cases are similar to what happens when one gets cured by receiving the materialistic treatment…
Allah favours his servants in his noble Ayat by responding to the supplication of the distressed one, when he calls Him. Thus He has made this responding a proof that there is no god but Allah. And it is evident from the above that, responding to the distressed one is here in this world. The word “distressed” is a description which indicates requesting a need in this world. Accordingly, the respond is tangible if Allah wills. He the Almighty says: (Is not He (better than your gods) Who responds to the distressed one, when he calls Him and Who removes the evil, and makes you inheritors of the earth, generations after generations. Is there any ilah (god) with Allah? Little is that you remember).
Allah the Almighty enjoins us to supplicate him and promises to respond to it (And your Lord said: “Invoke Me, [i.e. believe in My Oneness (Islamic Monotheism)] (and ask Me for anything) I will respond to your (invocation). The Prophet (saw) has explained this responding that it is “one of the three” including the tangible result. And of course achieving the results whether they are tangible or non-tangible, are all from Allah’s willingness and favor.
In summary:
The gist of what was stated in the Concepts is:
A- The Tareeqah are actions that achieves tangible results:
B- The comparison between only Dua’a and Jihad is related to the subject of opening a fortress or fighting an enemy… so, Dua’a in this case does not lead to a tangible result. Rather, only to reward for the reason that it alone is not the way to open the fortress or kill the enemy…
C- All actions used to implement fikrah of Islam should not be those (actions) that lead to non-tangible results. Rather, the actions that achieve tangible results should be coupled with actions that achieve non-tangible results such as preparation of the army for fighting together with supplication (Dua’a) to Allah the Almighty for victory.
D- Dua’a is essential for a Muslim during his performance of the Tareeqah… as was the practice of the Messenger of Allah (saw) and his companions (may Allah be pleased with them).
* This is what was stated in the Concepts on the condition of Dua’a that does not exceed the reward, i.e. in case Dua’a alone is used to an issue such as opening of fortress…, and not adopting the Tareeqah clarified by the Shar’ai rules related to the same issue, which is in this case is Jihad.
As for other cases of Dua’a, they fall under the general hadith of the Prophet (saw) “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly” as stated by Imam Ahmad in his Musnad.
It is evident from this hadith that Allah the Almighty fulfills the need of the supplicant in this world that is tangible or diverts an equivalent evil from him in this world and that is also tangible, or He will keep equivalent reward for him on the day of resurrection and that is reward i.e. non-tangible result. Allah the Almighty is of the immense favor, as well as He is the Most Beneficent and the Most Merciful, honors His servant the reward of his Dua’a, even by answering his supplication in this world. So, all the praise is for Allah (SWT), the Sustainer and Cherisher of all worlds.
4th Dhu’l-Qadah, 1432 AH.
1st October, 2011 CE.
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Fasting and Piety (Taqwa)
يَا أَيُّهَا الَّذِينَ آَمَنُوا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ
O ye who believe! Fasting is prescribed to you As it was prescribed to those before you, that ye may (learn) self-restraint (al-Baqarah: 183)
The verses (ayah) preceeding the above one explained about a number of obligations imposed on Mu’min. In ayah 178 it is mentioned about the obligation of qisâs punishment to the perpetrators of murder. The punishment could not be imposed if the perpetrators get forgiveness from the victim’s family and pay compensation (diyat). It is confirmed in the next ayah that in qisâs punishment there is a life.
The three verses that followed talked about a will. The dying people are required to make a will over the wealth which is left to their inheritors (see 180). Anyone who dare to change the will that has been made liable to sin (see 181). There is no wrong in anyone who fears impartiality or wrong doing on the part of the testator, then he makes peace between them (ayah 182). After from this ayah to ayah 187 – except ayah 186 – explain about the obligation of fasting.
Tafseer ayah
Allah Swt says : Yâ ayyhuhâ al-ladzîna kutiba ‘alaykum al-shiyâm (O ye who believe! Fasting has been prescribed to you). The call of this ayah is addressed to the believers (Mu’min). The call to the Mu’min in this ayah and other ayah contain clues that the nature of faith requires the perpetrators to obey, follow, and listen to the commands and prohibitions which will be conveyed in the next sentence.
It is mentioned in this ayah, that the believers are obliged to fast. As explained by many mufassir, such as Ibnu Jarir al-Tabari, Ibnu ‘Atiyah, al-Khazin, and al-Biqa’i the word kutiba ‘alaykum here means furidha ‘alaykum (it is prescribed for you). Even according to al-Farra’ all phrases of kutiba ‘alaykum in al-Quran mean furidha ‘alaykum (it is prescribed for you). In addition to fasting, the word kutiba ‘alâ is also used for some other obligations. In (al-Baqarah 2: 178) it is stated: kutiba ‘alaykum al-qisâs. The phrase kutiba ‘alaykum is also imposed on dying people to give a will to the parents and the relatives (al-Baqarah : 180). It is noteworthy that the obligation to make a will is finally abolished (nasakh) with the ayah about a will In (al-Baqarah: 216) Allah Swt also says : kutiba ‘alaykum al-qitâl. All phrases of kutiba ‘alaykum in those ayah give the meaning of furidha ‘alaykum.
In addition to the phrase kutiba ‘alâykum, the obligation of fasting is also based on the indication (qarînah) which is found in the following ayah, that the sick people or travelling are exempted from fast. However, they are obliged to replace or to compensate fasting (qadha) on other days. The obligation of compensating fast on other days shows that the law of fasting is mandatory. ‘Ata bin Khalil stated that in every appeal in which there is a speech or deed which requires continued actions unless there is a reason (uzur), then be given rukhshah, qadha’, or forgiveness is one of the indication (qarînah) for jazm (firmness and certainty) of an appeal.
Linguistically, the word al-siyâm means al-imsâk (to refrain) from doing something, either eating, talking or walking. This literal meaning is as found in the saying of Allah Swt:
إِنِّي نَذَرْتُ لِلرَّحْمَنِ صَوْمًا فَلَنْ أُكَلِّمَ الْيَوْمَ إِنْسِيًّا
I have vowed a fast to ((Allah)) Most Gracious, and This Day will I enter into not talk with any human beings (Maryam: 26)
In the ayah, the word sawm[an] means to refrain from talking. While the shari’i meaning, al-siyâm means to refrain from eating, drinking and doing intercourse (jima’) from dawn until dusk which is accompanied by intention (niyat). This understanding is taken from the arguments in al-Quran and Sunnah. In relation with the prohibition of eating, drinking, and haing intercourse as mentioned in the saying of Allah Swt:
أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَى نِسَائِكُمْ هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ عَلِمَ اللَّهُ أَنَّكُمْ كُنْتُمْ تَخْتَانُونَ أَنْفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنْكُمْ فَالْآَنَ بَاشِرُوهُنَّ وَابْتَغُوا مَا كَتَبَ اللَّهُ لَكُمْ وَكُلُوا وَاشْرَبُوا حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى اللَّيْلِ
Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so Now associate with them, and seek what Allah hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast till the night appears (Baqarah : 187).
In that ayah it is confirmed that the Muslim are allowed to have sexual relationship between husband and wife at night in the fasting month. It means that they are forbidden during the day. In terms of eating and drinking the muslim are welcomed to eat and drink at night. The limit is until dawn. When dawn is set , then muslims are ordered to fast until evening, which is until sunset.
In relation to an intention to do fasting, it is based on the Hadith from Umar bin al-Khattab, he heard Rasulullah saw said:
إِنَّمَا الْأَعْمَالُ بِالنِّيَّاتِ وَإِنَّمَا لِكُلِّ امْرِئٍ مَا نَوَى
Truly, the rewards of deeds depends on intention (niyat), and indeed all things depends on intention (Bukhari, Abu Dawud, and Ibnu Majah from Umar bin al Khattab)
Based on this Hadith, the action of fasting can be declared valid, if it is accompanied by the intention of the one who is fasting. If it is not based on intention of fasting, then the deeds are not categorized as fasting, though physically it looks the same or simlilar to fasting. Imam al-Nawawi stated, the intention (niyat) is required to differentiate between ‘âdah (ordinary action) with worship, or one kind of worship with another worship being practised. He gave an example of someone who is sitting inside a mosque. The action can be intended to sit down only , it can also be done as an act of worship (ibadah) with the intention of i’tikaf. What renders the two different (between ibadah or a common deed) is the intention.
Especially for obligatory fasting, the intention of fasting must be done before dawn. It was narrated from Hafsah ra, from Rasulullah saw said:
مَنْ لَمْ يُجْمِعْ الصِّيَامَ قَبْلَ الْفَجْرِ فَلَا صِيَامَ لَهُ
Anyone who does not have an intention to fast before dawn, then his fasting is illegitimate. (Reported by Abu Daud and al-Tirmizi).
This Hadith becomes a dalil of the necessity to have intention on the eve of fasting. In other words, the intention of fasting must be done at night, starting from maghrib. While for sunnah fasting, the intention is allowed after dawn. It is based on a hadith from Aisyah ra who said that :
رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذَاتَ يَوْمٍ يَا عَائِشَةُ هَلْ عِنْدَكُمْ شَيْءٌ قَالَتْ فَقُلْتُ يَا رَسُولَ اللَّهِ مَا عِنْدَنَا شَيْءٌ قَالَ فَإِنِّي صَائِمٌ
One day Rasulullah saw came into my place and asked , “Do you have something (to eat)?” Aisyah replied, “No.” He said, “Then, I am fasting.” (Reported by Muslim).
This attitude (Fi’liyyah) of Rasulullah (SAW) is a dalil that the intention for sunnah fasting can be done during the day on the condition that someone has not been eating or drinking.
Furthermore, in this ayah Allah Swt says : kamâ kutiba ‘alâ al-ladzîna min qablikum (As it was prescribed to those before you). Ibnu ‘Abbas said that they are People of the Book. Al-Zamakhshari, al-Alusi, and al-Baidawi said that the previous people starting from Prophet Adam to this ummah. According to Abdurrahman al-Sa’di the notice is useful to arouse the spirit of this ummah. “Let you compete with other ummah in perfecting righteous deeds and hastening in correcting the attitude, and that is not a burdening matter.
There are differences in tasybîh (resemblance) of fasting that is required to the previous ummah. Some said that the resemblance of fasting is in terms of time and size . Another opinion said that the resemblance is simply in the obligation of fasting itself. The second opinion seems to be more acceptable because the resemblance of the obligation does not require the resemblance of kayfiyyah. Even, each of the prophet’s shariah has their own kayfiyyah. It is generally reported by Allah Swt in His saying:
لِكُلٍّ جَعَلْنَا مِنْكُمْ شِرْعَةً وَمِنْهَاجًا
To Each among you have we prescribed a law and an open way. (al-Maidah : 48)
Furthermore, Allah Swt says : la’allakum tattaqûn (that ye may (learn) self-restraint). At the end of this ayah, it is explained that the wisdom of the obligation of fasting is that the perpetrators become pious people. Abdurrahman al-Sa’di said that fasting is the greatest means to be pious (taqwa).
The word taqwâ is originated from the word waqâ which means to protect. The word is then used to refer to attitudes and actions to protect oneself from the wrath and punishment of Allah Swt. This means by implementing the commands of Allah Swt and staying away from His prohibitions. This is the meaning of taqwa.
In the next ayah it is explained that the obligation of fasting was imposed for several days (ayah 184). The days that are required to fast are the whole days in the month of Ramadhan. In the month when al-Quran was revealed, anyone who has no excuse (uzur) is required to fast (ayah 185).
Reaching for Taqwa by Fasting
Among important matters explained in this ayah is the wisdom acquired by fasting. According to this ayah, fasting can make the perpetrators have the attitude of piety, which is the willingness to be obedient and subject to all commands and prohibitions of Allah Swt.
When examined carefully, fasting can bring the believer to attain piety on condition that fasting can be understood and carried out correctly. In fasting, someone is trained to remember Allah Swt in any space and time. When fasting, someone is reminded that there is no hidden place from the sight and hearing of Allah Swt. So, wherever he is, he does not dare to eat even a tiny bit; drink water even just a sip; or have an intercourse with his wife although in an enclosed space. If the conviction is implemented not only in fasting, but in all activities of life, then it will result in pious individuals. It is the individuals who are always obedient and faithful to His commands and prohibitions, wherever and whenever he is.
Fasting also trains humans to control passion. It is true that they need to eat, drink and interact with the opposite sex. However, those things should not be excuses for them to indulgence in lust such as what is done by animals. Humans are only allowed to consume food and drinks which are halal. Likewise, it is the same with the relationship with the opposite sex. People are only allowed to have intercourse with someone who is lawful. People who are fasting are able to control their desires.
By fasting, people are trained to live in disciplined manner by the shariah. He is very disciplined, eventhough being thirsty or hungry, they must resist not to drink or eat until maghrib time arrives. Although their sexual instincts may get agitated , people are still able to suppress it until the permitted time. If fasting is done successfully, this may be the way to attain personal piety becomes achievable. Imagine that during fasting they are able to withstand thirst and hunger of which is lawful in other months, then they should also able to refrain from eating or drinking from forbidden wealth. If someone is able to refrain from having intercourse with his wife at noon, he should be able to refrain from committing fornication.
Therefore, it is no wonder that someone who has not been married is ordered to fast. Rasulullah said:
يَا مَعْشَرَ الشَّبَابِ مَنْ اسْتَطَاعَ مِنْكُمْ الْبَاءَةَ فَلْيَتَزَوَّجْ فَإِنَّهُ أَغَضُّ لِلْبَصَرِ وَأَحْصَنُ لِلْفَرْجِ وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالصَّوْمِ فَإِنَّهُ لَهُ وِجَاءٌ
O youth, anyone of you who have been able to bear burden, you should marry. It is because marriage is more able to lower gaze and protect your privates. Anyone who has not been able to marry, then he should fast, because fasting is a shield for him (Reported by al-Bukhari, Muslim, from Abdullah ra).
As a result, if fasting is understood and done correctly, it (fasting) will bring the make those undertaking the fast to become pious. Not only fasting, all activities of worshipping Allah Swt, if understood and done correctly, will also bear the fruit of piety. Allah Swt says:
يَا أَيُّهَا النَّاسُ اعْبُدُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ وَالَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ
O ye people! Adore your Guardian-Lord, who created you and those who came before you, that ye may have the chance to learn righteousness (al-Baqarah : 21)
We beg to Allah Swt that all of our fasting and worship can bring us to become pious people; to whom paradise, as wide as heaven and earth, is provided.
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Tafsir of Sura Baqara – The Noble Verse of Fasting
SHAYKH `ATA IBN KHALIL (Allah preserve him)
TAFSIR of SURAT AL-BAQARA: THE NOBLE VERSE OF FASTING
Allah states in the Qur’an: {O believers! Fasting has been mad obligatory for you just as it was made obligatory for those before you so that you may attain taqwa [Q. 2:183-187]}
Notes of Shaykh `Ata’s tafsir of the noble verse:
- The verse establishes the obligation to fast but not the number of days or what month.[1]
{ya ayyuha’lladhin amanu: ‘o believers’; grammatically it is the vocative address, referring to the Muslim umma as a whole.[2]
The evidence for the obligation of fasting from the verse:
- Shaykh `Ata’ writes:
“As for why the verse establishes the obligatory nature of fasting, it is because of the following: [1] {Fasting has been written/prescribed (kutiba `alaykum) for you [Q. 2:183]}. This is an informative statement that denotes a request (talab), i.e. ‘fast!’ [2] the need to make up for the fast later (qada’) when one does not have to fast such as in the case of the sick and the traveller is an indication (qarina) of the decisive nature of the request (al-jazim fi ’l-talab). If it was not a decisive request (talaban jaziman) then there would be no reason to make up the fast later. {a fixed number of days; butwhoever is sick or a traveller amongst you then the same number of days will be made up another time [Q. 2:184]}. For that reason the request to fast is decisive and therefore an obligation. [3] Likewise, in the part of the verse {whoever of you sights [the crescent on the first night of] the month of Ramadan, he must observe the fasts that month[Q.2:185]}. This is a request from the one present and not travelling to fast in the month. The statement of Allah after it that goes {and whoever is ill or on a journey, the same number of days which one did not observe fasts must be made up from other days} is an indication for the decisive value of this request of the obligation on the sick and the traveller to make up the fast later if they are unable to. This indicates that the request is decisive and therefore an obligation.”[3]
{la`allakum tattaqun}: perhaps you can attain God-consciousness or so that you can attaintaqwa (= defined as: “awe and fear of Allah, utter obedience to Him and preparation for meeting Him Most glorified is He”[4]; thus the wisdom (hikma) behind fasting is to realise God-consciousness.
{ayyamal-ma`dudat}: fixed days; here refers to a little number because the word “ma`duda” is used by Arabs to denote ‘a little’;[5] these little days refer to the month of Ramadan that can be 29 or 30 days as mentioned by the Holy Prophet (saw): ‘this month that is either twenty nine days or thirty days’ (Bukhari, Sahih [#1780]).[6] Moreover, the aim and emphasis of the verse is not the number of the days but the duty to fast hence the grammatical type of the word ‘days’ is indefinite.[7]
{aw `ala safarin}: or travelling; here refers to what the Shari`a defines as a traveller and in modern measurements approximates to the one who exceeds 90km in distance.[8]
{yutiqunahu fidyatun ta`amu miskin – and for those who are unable to fast except with extreme difficulty, then they should feed the poor persons [Q. 2:185]}: here referring to old persons, the infirm, the chronically ill, etc; they have the choice to pay a monetary compensation (fidya) for not being able to fast;[9] the word fidya is a grammatical substitute (badal) for ta`am miskin (feeding the poor) in the verse.
{shahr Ramadan alladhi unzila fihi ’l-qur’an}: the Qur’an was revealed in the month of Ramadan; the verse begins with the mention of the month of Ramadan before the descent of the Qur’an in order to distinguish it and honour it.[10]
{hudan li ’l-nas}: a guidance for the people; grammatically circumstantial accusative (hal mansub).
{wa bayyinat min al-huda}: a clear guidance that is inimitable, miraculous and evident that it is from Allah (swt); grammatically a circumstantial conjunctive (hal ma`tuf).
{al-furqan}: the criterion; that which differentiates between Truth and falsehood; Right and wrong; righteous actions and unrighteous actions.
Shaykh `Ata’ writes regarding verse 185: {Allah intends for you ease, and He does not want to make things difficult for you. He wants that you must complete the same number of days, and that you must magnify Allah on seeing the crescent of the months of Ramadan and Shawwal for having guided you so that you may be grateful to Him}:
“He glorified is He mentions in this verse the wisdom (hikma) from the fast. He glorified is He wants ease for us in following this obligation to fast and does not want difficulty – which is hardship and harm/destruction – so that we can complete the fast as easily as possible. If we are unable to fast in the prescribed time then we can make up for it later; if we are unable to do this we are permitted to pay the fidya; but if we are able to complete the fast in its prescribed time – i.e. the month of Ramadan – then we should magnify Allah on the day of `Id upon having completed the fast and be grateful for all the bounty He has given and for allowing us to fulfil this great obligation.”[11]
Shaykh Ata’ writes regarding the verse: {And when My slaves ask you [O Muhammad] concerning Me, then answer them, I am indeed near. I respond to the invocations of the supplicant when he calls on Me. So let them obey Me and believe in Me, so that they may be led aright Q. 2:186]}:
“Ibn Abi Hatim mentions that a Bedouin asked the Messenger of Allah (saw): ‘Is our Lord close so that we may converse with Him or is He far that we have to call upon Him?’ The Messenger of Allah (saw) was silent and then Allah revealed the noble verse. Allah glorified is He informs in this verse that He is close and responds to the caller’s supplication when he makes it to Allah who hears it as nothing is kept hidden from him and He responds to it never letting it amount to nothing. He is close and near to His servant listening to him and seeing him in the manner He described it to Musa and Harun (as): {I am with you both, listening and watching [Q. 20:46]}”[12]
And with Allah is all success.
Peace and blessings be upon our Beloved,
The Messenger of Allah,
Upon his family and companions,
And upon all those who follow them.
s.z.c.
[1] `Ata’ ibn Khalil, Taysir Fi Usul al-Tafsir, p.212. Cf. also “Tafsir of Surah al-Baqarah 183-185” in Khilafah Magazine, (12), Sep. 2010, pp.14-15.
[2] Ibid, p.212.
[3] Ibid, p.212.
[4] Ibid, p.213.
[5] Ibid, p.212.
[6] Ibid, p.212.
[7] Ibid, p.216.
[8] Ibid, p.213.
[9] Ibid, p.215.
[10] Ibid, p.216.
[11] Ibid, p.217.
[12] Ibid, p.218.
