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Jilbab and the Muslim Woman’s Dress Code
Sources of Islamic Law
The sources in Islamic law are primarily the Qur’an and Sunnah[1]. The Qur’an, the book held sacred by Muslims, contains approximately 500 verses dealing with diverse topics which are of a legal relevance. The Sunnah represents the repository of reports of sayings, acts and consent of the Prophet Muhammad. The role of the Sunnah is seen as an elaboration of the Quranic injunctions. There are other sources which derive from the two primary sources and they are the Ijma’ (legal consensus), Qiyas (analogical deduction) and other disputed sources but they are not relevant to the discussion at hand.
The Notion of an Islamic Dress Code
Islamic law is comprehensive in its enunciation of a code of conduct with respect to an individual’s life and dealings with others. Part of this are the rules pertaining to dress and attire. The dress code includes rules for men and women. So for example, a man is obliged to cover a certain part of his body whilst in front of others and he is not allowed to wear gold and silk which women are allowed to do. On the other hand women are also obliged to cover a certain part of their person when going out of the family home wearing a headscarf (khimar) and an outer garment (jilbab) which men are not required to do. Thus, the jilbab is not a new innovation but part of the well known attire of the dress code for Muslim women.
Explicit Mention of Jilbab in Primary Muslim Religious SourcesThe authority of the requirement for women to wear the jilbab is the Qur’an itself. In the chapter of al-Ahzab (The Confederates) the following verse instructs Prophet Muhammad:
‘O Prophet! Say to your wives and your daughters and the women of the faithful to draw their jalabib (pl. of jilbab) close around them; that is better that they will be recognized and not annoyed. And God is ever Forgiving, Gentle.’[2]
The divine wisdom for instructing women to wear the jilbab mentioned in the above verse is so that women be modestly attired and not be subject to the irreverent insults of the unscrupulous.
The obligation of jilbab is also derived from the Sunnah of Muhammad (peace and blessings be upon him) which is the second primary source of law for Muslims.
Narrated Umm Atiyya: We were ordered to bring out our menstruating women and screened women to the religious gatherings and invocation of the Muslims on the two Eid festivals. These menstruating women were to keep away from the musalla. A woman asked, “O Messenger of Allah! What about one who does not have a jilbab?”. He said, “Let her borrow the jilbab of her companion”.[3]
The above understanding was practised by women at the time of the revelation of the above verse as the following reports indicate:
A report narrated Umm Salama (A wife of the Prophet): When the verse, “That they should draw their jalabib close around them” was revealed, the women of Ansar (inhabitants of Madinah) came out as if they had crows over their heads by wearing jalabib.[4]
A report narrated by Aisha (Another wife of the Prophet): The wife of Rifa’a al-Qurazi came to Allah’s Messenger while I was sitting…and she was showing the fringe of her jilbab.[5]
The Opinion of Reputable Experts in Quranic Exegeses
The classical experts of Quranic exegesis all support the legitimacy of the jilbab with only difference being whether it extends to covering that face. Here are some quotes from the most widely recognised Sunni sources.
Ibn Jarir At-Tabari (d.310[6]):
‘God Almighty said to His Prophet Muhammad (pbuh[7]): Tell your wives, daughters and the wives of the believers…that they should draw over themselves their jilbabs.’
Al-Qurtubi (d.671):
‘Jalabeeb is the plural of jilbab, and it is a garment larger than a khimar (headscarf). It has been narrated by Ibn ‘Abbas and Ibn Masud that it is a ridaa (large sheet of cloth). It is said that it is a qina’/veil but the correct view is that it is a garment which covers the whole body. It has been reported in Sahih Muslim on the authority of Umm ‘Atiyyah who asked; “O Messenger of Allah! What about one who does not have a jilbab?”. He said, “Let her borrow the jilbab of her companion”.
Fakhr ad-Din ar-Razi (d. 606): ‘In the days of Jahiliyyah (pre-Islamic times) the free and women in bondage would go out uncovered and they would be followed by those intent on fornication and consequently allegations would be levelled against them. So that is why God ordered the free women to wear the jilbab.’[8]
Ibn Kathir (d.774):
‘God Almighty commands His Messenger (Muhammad) to command the believing women – especially his wives and daughters – to draw the jilbab over their persons’[9]
In Safwat at-tafasir, a modern work by Muhammad Ali as-Sabuni, which compiled the exegeses from most of the reputable works of Quranic exegesis, said that verse 59 of chapter Ahzab is saying to the Prophet to ‘tell the women that they should wear a wide outer garment.’[10] This is the consensus view of the traditional Sunni scholars.
This view is not confined only to Sunnis but is the view of the Imami Shia as well:
Al-Janabizi said: ‘The women did not cover their faces and chests with their jilbabs, hence God Almighty ordered them to cover their faces and chest with jilbabs so that they can be distinguished from other women. The woman’s jilbab is a wide garment worn over the normal clothes…’[11]
Views of Contemporary Scholars
The classical position that that the jilbab is obligatory is the view generally held by contemporary scholars as well. Like the classical scholars their difference was on whether the jilbab should cover the face or not and not on the conditions of the jilbab. As an example of the contemporary position the following are words of the deobandi Mufti Ibn Adam al-Kawthari which is representative of the general view: ‘The above and other interpretations of jilbab are clear that a jilbab is the outer garment that women must wear when emerging in front of strangers. This garment must be wide, loose, and modest and covers the body completely.’
Sheikh Muhammad Al-Hanooti : ‘The verse 59 of Surah Al-Ahzab urges a woman to wear a Jilbab. A Jilbab means the outer garment over her inner clothes to guarantee that everything of her body is covered and doesn’t show or shape any of her figures. That is the objective of Shari’a.’
What is a Jilbab?
The jilbab is an outer garment which covers the whole body. This definition is discerned from a lexical and textual basis:Lexical description of jilbab as an Outer Garment:
The nature and description of the jilbab can be understood from the lexical definition of the word jilbab as explained in classical Arabic dictionaries. These sources also explain the function of the jilbab as an outer garment:
Ibn Manzur: “The jilbab is the outer garment, mantle, or cloak. It is derived from the verb tajallbaba, which means to clothe. Jilbab is the outer sheet or covering which a woman wraps around her on top of her garments to cover herself from head to toe. It hides her body completely”[12]Al-Fayruz abadi: “The jilbab…is that which conceals the clothes like a cover”[13]
As for modern dictionaries it is worth citing from the monumental work of the 19th-century British scholar and lexicographer Edward William Lane (1801-76):Arabic-English Lexicon: ‘jilbab: …one that envelopes the whole body: (TA) and a wide garment for a woman, less than the milhafah (sheet): or one with which a woman covers over her other garments…’[14]
This description has also been given in the Oxford Dictionary of Islam edited by John L. Esposito where it states:
Jilbab Generic term for women’s outer garment (shawl, cloak, wrap) in Arabian sedentary communities before and after the rise of Islam. The Qur’an (333:59) instructs Muslim women to cloak themselves as a mark of status and as a defensive measure against sexual harassment in public places.[15]
The textual definition as enunciated by the law giver is of jilbab as an outer garment:
The reasons for concluding that the jilbab is an outer garment are textual as well as linguistic. What is meant by textual in this context is the primary corpus of Islamic legal text obligated by the law giver i.e. the Qur’an and the practise of Prophet Muhammad. So for example in chapter 24 the following verse gives elderly women the option to set aside their outer garment:
‘And as for women past child-bearing who do not expect wed-lock, it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment. But to refrain (i.e. not to discard their outer clothing) is better for them. And Allâh is All-Hearer, All-Knower.’ [24:60]
The garment mentioned must be an outer garment as the verse could not possibly be saying they should discard their normal everyday clothing. That is why companions of Muhammad, such as Ibn ‘Abbas and Ibn Mas’ud, both understood the garment to refer to the jilbab, since that is the outer garment that is worn by women.[16] Both of whom are considered experts in Quran exegesis.
Authority for it as an outer garment is also to be found in the Sunnah. The above report of Umm ‘Atiyyah is clear in its indication that the jilbab is an outer garment. This is because the Prophet stipulated that before going out she needs to wear a jilbab and if she does not have one she must ‘…borrow the jilbab of her companion”.[17] The fact that she was not allowed to go outside without it indicates its function as an outer garment.
Also Abu Dawud records a report on the authority of Umm Salama (a wife of the Prophet) which indicates that jilbab is an outer garment. It is reported that she asked the Prophet: “Can a woman pray in a long dress and a headscarf without wearing an izar (a type of jilbab)?” He (pbuh) replied, “If the long dress is ample and covers the surface of her feet.” (Abu Dawud[18]) The fact that Umma Salmah asked if she can wear a long dress and headscarf without the izar (jilbab), this indicates that the izar (jilbab) is normally worn on top of the regular clothes.
This is supported by the view of companions who said that the clothing of women during prayer is the above three items, which means the izar (jilbab) must have been worn above the normal clothes. So for example it is narrated that Umar (ra) said: ‘The woman should pray in three items of clothing: long dress, headscarf and izar (jilbab).’ It is also reported that his son Abdullah b. Umar said: ‘The woman should pray wearing long dress, headscarf and milhafa[19] (jilbab).’[20]
It is due to the above narrations that Al-Shirazi took the view that the jilbab is the outer garment as the following excerpt shows: ‘It is recommended that when a woman prays that she wears three items of clothing: a headscarf by which to cover the head and neck. A dress to cover the body and feet and a milhafa (jilbab) by which to cover her clothes. This is due to the report that Umar (ra) said: ‘The woman should pray in three items of clothing: dress, headscarf and izar (jilbab).’ It is also reported that Abdullah b. Umar who said ‘The woman should pray wearing dress, headscarf and milhafah (jilbab).’ Also, it is recommended that her jilbab is thick so that it does not describe parts of her body and does not move away when she assumed the bowing and prostration positions so that it does not describe her clothes.’
An-Nawawi (d.676)[21], a commentator of Al-Shirazi’s Muhazzab explained the latter’s comments and attributed it to Shafi’i (the founder of the Shafi’i school of thought): ‘This ruling has been stated by ash-Shafi’i and the scholars of the school are agreed on this.’ Then he quotes the view that the jilbab: ‘is a sheet worn over the clothes i.e. that it is an outer garment)’ saying: ‘This view is correct and it is the view of ash-Shafi’i (i.e. that the jilbab is worn over the ones clothes).[22]
Ibn Hazm stated in his al-Muhalla: ‘In the Arabic language of the Prophet, jilbab is the outer garment which covers the entire body. A piece of cloth which is too small to cover the entire body could not be called jilbab.’[23]
Thus, the fact that the jilbab is an outer garment is established by the Qur’an and Sunnah and it is the same meaning understood by the companions of Muhammad (pbuh) and attested by the scholars.
Other conditions:
There are other conditions which are not specific to jilbab but generally applicable to all clothing when women go before non-mahrams (close relations to whom marriage is impermissible) whether inside or outside the home. They are the following:i. It must be loose-fitting
ii. Should not be semi-transparent
iii. Should not become an attraction (tabarruj)
iv. Should not resemble the clothing of men.These conditions are well known and accepted and there is no need to dwell on them, for further discussion of their evidences one can consult the relevant books of Islamic jurisprudence.[24]
Is Selwar Kameez Sufficient?
The question that needs to be answered is that does it fulfil the key requirements of a jilbab i.e. is it a loose fitting outer garment which covers the entire body? The Selwar Kameez normally does not cover the whole body but leaves some parts exposed and nor is it always loose fitting and provided even these are met it is certainly not an outer garment. It is not worn over ones normal clothes; rather it is an every day garment worn by south Asian women. An outer garment by definition is worn over the home clothes and outside the home whereas the Selwar Kameez is the normal home clothes worn inside the home. Therefore, the Selwar Kameez fails the first basic criteria of being an outer garment before one looks at the other criteria’s that have been mentioned.
Is modest clothing enough to fulfil the requirement of Jilbab?
The answer to the question depends whether one includes the conditions mentioned above as part of what constitutes modest clothing. It is valid that the outside garments do not all have to be uniform in their design but they nevertheless have to fulfil the criteria set down by Islamic law. Modesty is not left to the subjective interpretation of individuals but rules have been laid down governing the requirements of modesty i.e. modesty cannot transcend the conditions but must incorporate them. Hence, it is not enough that the garments cover the whole body but is tight fitting and not is it enough that it is loose fitting but not an outer garment. In this respect, the outer garment can be of diverse forms as long as the individual conditions have been met.
Juristic Difference and the Muslim Individual
Those not familiar with Islamic law wonder why certain Muslims insist on following a rule which other Muslims do not follow and consequently assume that the one insisting is extreme or un-necessarily strict. So for example, a particular Muslim scholar might say a certain dress as acceptable, but this does not mean others are bound or even allowed to follow this view. The reason for the difference is that like any other legal tradition Muslim jurists differ on the details of law and it is up to the individual to follow the verdict of the jurist s/he regards as the most trustworthy and competent. The criterion for following a particular ruling is not self interest and expediency but the competence of the jurist who derived it. Having followed a particular verdict this becomes God’s law for that individual and cannot be changed for considerations of public approval or disapproval. This because not following the rule is an abandonment of a religious obligation which has to be accounted for in the Hereafter. Thus, in the context of the jilbab for a Muslim woman who follows a particular jurist’s understanding of what is required by Islamic law, she is obliged to follow that even if others hold different views simply because she believes that view to be sound. In this respect, it does not matter what contrary views exist out there as the obligation on her is to follow the jurist she trusts and not what is expedient. Particularly in this case as the view that jilbab is necessary is something that is expressed in both the letter of the law and in harmony with the spirit of the law. In fact it is a rule that traditionally has not been a matter of dispute amongst early jurists both Sunnite and Shiite.Religious Duty or Political Statement?
Jilbab is essentially a religious duty first and foremost. The authority for it is derived directly from Islamic sources and not the political writings of contemporary Muslims. It was advocated by the classical jurists who expounded its requirement a thousand years before the phenomenon of resurgent Islam. The jilbab predates the current political controversies and therefore the motivation for adhering to it is born of a feeling of religious obligation and not a political statement.The legislative wisdom behind the jilbab dress code is for women to be modestly attired as mentioned in the aforementioned verse and commentary of the Qur’an. The motivation is religious. Had the motive been other than religious then it would not be accepted as an act of worship which requires that the act be of exclusive devotion to God. Wearing it as a political statement or even a fashion statement and not a religious obligation will still be considered as sinful act because the motivation was not adherence to the religious obligation which is the only motive that is acceptable in matters of obeisance to God.
Is Jilbab a symbol of Oppression?
The Muslim woman’s attire are viewed by some non-Muslims as oppressive because, it is claimed, the jilbab represents the inferior status of woman, that they are compelled against their will or that it inhibits their participation in public life. This view is not born of an understanding of the divine wisdom for legislating the dress and nor from the positive effects that accrue from its adherence. Rather, the origins of such thinking are the abuse of women by some Muslim men which Islamic law itself denounces or the stereotypical perceptions of role of women in Islam[25]. Islamic law views men and women the same in their worth and religiosity before their Lord. The disparity in the rules arises not from a discriminatory view of any one gender but the fact that Islamic law recognises that there is a gender difference and hence prescribes rules accordingly. The great majority of rules apply equally to men and women due to their identical nature and but differ in a few cases due to the gender dissimilarity. Thus, Muslim women wear the jilbab to remain modestly attired in public life and feel that it enhances their worth rather than diminish it. Its practical effects are also appealing to women who feel they can confidently[26] participate in the outside activities such as work and study free from the disrespectful glances of men. So far from obstructing women’s social participation the jilbab actually facilitates it by empowering and liberating her from unwanted sexual advances and thereby promoting an atmosphere which is conducive to the social interaction of men and women.
Kamal Abu Zahra
Appendix I: legal verdict (fatwa) of Mufti al-Kawthari[27]:
In the name of Allah, Most Compassionate, Most Merciful,
Allah Most High says:
“O Prophet! Tell your wives and daughters and believing women that they should cast their outer garments over their persons. That is most convenient that they should be known (as such) and not molested. And Allah is Most Forgiving and Most Merciful”. (Surah al-Ahzab, 59).
The above verse is clear in determining that it is obligatory (fard) upon a woman to cover herself with a jilbab. This leaves us with a question, what is a jilbab?
It is stated in Lisan al-Arab:
“Jilbab, plural of Jalabib: an outer garment or a cloak with it a woman covers her head and chest. And it is said: It is a long cloak that covers a woman completely”. (Ibn Manzur, Lisan al-Arab, 2/317).
Sayyiduna Ibn Abbas (may Allah be pleased with him) states:
“Jilbab is long cloak that covers a woman from her head to her feet”. (Ruh al-Ma’ani, 22/88).
The above and other interpretations of Jilbab are clear that a jilbab is the outer garment that women must wear when emerging in front of strangers. This garment must be wide, loose, and modest and covers the body completely.
After the revelation of this verse, many female Companions (Allah be pleased with them all) used to emerge outside their homes with complete reticence as though birds were sitting on their heads. They used to cover themselves with long black cloaks. (See: Ruh al-Ma’ani, 22/89).
Therefore, a woman must cover her self with a loose and modest cloak when emerging in front of strangers. This may be a traditional veil (burqa) or some other garment.
And Allah knows bestAppendix II: Biographies of Scholars:
Contemporary Scholars:
Muhammad Ali as-Sabuni: a professor at the College of Sharia and Islamic Studies, Mecca. Author of Safwat At-Tafasir (Beirut: Dar Al-Qur’an Al-Karim, 1402 a.h., 1981).
Mufti Muhammad ibn Adam al-Kawthari: Mufti Muhammad ibn Adam al-Kawthari completed the Dars-e-Nizami curriculum of Islamic studies under traditional scholars in Britain, after which he completed a specialization in hadith, in which he covered the 9 major works of hadith, and culminated this with the attainment of a 2-year specialization in the science of giving legal verdicts (ifta’), under Mufti Taqi Usmani and other top scholars in Pakistan. He then went to Syria, where he completed a Master’s in Advanced Fiqh through al-Azhar (Cairo), and studied under top Arab scholars. One of these scholars, Shaykh Abd al-Latif Farfour said that Mufti Muhammad ibn Adam has a tremendous future, and seems destined to become one of the top scholars of our times. He presently teaches at a Darul Uloom in Leicester, and answers people’s questions at Darul Iftaa.[28]
Sheikh Muhammad Al-Hanooti: Born: March 12, 1937 in Haifa, Palestine. Education: Learned Shari’a from his father, Sheikh Ali Hanouti, and in Al-Azhar he studied Hadith at the hands of Sheikh Muhammad Said Azzawi from 1953-1958. Previous Positions: Was an imam, teacher and khatib in Baghdad from 1962-1965. Was an imam, teacher and khatib in Kuwait from 1965-1978. He has served as the head of various Islamic centers in the United States since 1978, including Jersey City, NJ, and Dar Al-Hijra, in Virginia. He is a member of the North American Fiqh Council.
Classical Scholars:
Ibn Hazm: born November 7, 994, Córdoba, Caliphate of Córdoba died August 15, 1064, Manta Lisham, near Sevilla in full Abu Muhammad ‘Ali ibn Ahmad ibn Sa’id Ibn Hazm Muslim litterateur, historian, jurist, and theologian of Islamic Spain, famed for his literary productivity, breadth of learning, and mastery of the Arabic language. One of the leading exponents of the Zahiri (Literalist) school of jurisprudence, he produced some 400 works, covering jurisprudence, logic…[29]
Ibn Jarir At-Tabari (d.310): born c. 839,Amol, Tabaristan [Iran]died 923, Baghdad, Iraq in full Abu Ja’far Muhammad Ibn Jarir At-tabari Muslim scholar, author of enormous compendiums of early Islamic history and Qur’anic exegesis, who made a distinct contribution to the consolidation of Sunni thought during the 9th century. Major works. His life’s labour began with the Qur’an Commentary and was followed by the History of Prophets and Kings. At-Tabari’s History became so popular that the Samanid prince Mansur ibn Nuh had it translated into Persian (c. 963).[30]
Fakhr ad-Din ar-Razi (d. 606): born 1149, Rayy, Iran died 1209, near Herat, Khwarezm. Abu ‘abd Allah Muhammad Ibn ‘umar Ibn Al-husayn Fakhr Ad-din Ar-razi Muslim theologian and scholar, author of one of the most authoritative commentaries on the Qur’an in the history of Islam. His aggressiveness and vengefulness created many enemies and involved him in numerous intrigues. His intellectual brilliance, however, was universally acclaimed and attested by such works as Mafatih al-ghayb or Kitab at-tafsir al-kabir (“The Keys to the Unknown” or “The Great Commentary”) and Muhassal afkar al-mutaqaddimin wa-al-muta’akhkhirin (“Collection of the Opinions of Ancients and Moderns”).[31]
Ibn Kathir (d.774): was an Islamic scholar born in Busra, Syria in 1301 CE. He was taught by the Islamic scholar Ibn Taymiyya in Damascus, Syria and Ibn al-Qayyim. Ibn Kathir wrote a famous commentary of the Qur’an named Tafsir ibn Kathir which linked certain Hadith, or sayings of Muhammad, and sayings of the Sahaba (companions of Muhammad) to verses of the Qur’an, in explanation. Tafsir Ibn Kathir is famous all over the Islamic world and among Muslims in the Western world, and is one of the most widely used explanations of the Qu’ran today.[32]
An-Nawawi (d.676): (born 1233 – 1278), author on Fiqh and Hadith, was born at Nawa near Damascus. In the latter city he studied from his eighteenth year, and there, after making the pilgrimage in 1253, he settled as a private scholar until 1267, when he succeeded Abu Shama as professor of hadith at the Ashrafiyya school. He died at Nawa at a relatively young age, having never married.[33]
Al-Qurtubi (d.671): Imam Abu ‘Abdullah Muhammad ibn Ahmad ibn Abu Bakr al-Ansari al-Qurtubi, was born in Cordoba, Spain, at the summit of its great period of Islamic civilization. He was an eminent Maliki scholar who specialized in fiqh and Hadith. The breadth and depth of his scholarship are evident in his writings. The most famous of then is his twenty-volume tasfir al Jami’ li-ahkam al-Qar’an.[34]ash-Shafi’i: born , 767, Arabia died Jan. 20, 820, al-Fustat, Egypt Muslim legal scholar who played an important role in the formation of Islamic legal thought and was the founder of the Shafi’iyah school of law. He also made a basic contribution to religious and legal methodology with respect to the use of traditions.[35]
Classical Arabic Lexicographers:
Al-Fayruz abadi: Abu-t-Tahir Ibn Ibrahim Majd ud-Din ul-Fairuzabadi (1329–1414) was an Arablexicographer born at Karazin near Shiraz (in modern Iran) and educated in Shiraz, Wasit, Baghdad and Damascus. He lived in Jerusalem for ten years and then travelled in western Asia and Egypt, before settling in Mecca in 1368. He remained there for the bulk of the next three decades, spending some time in Delhi in the 1380s, and finally leaving Mecca in the mid-1390s to return to Baghdad, Shiraz (where he was received by Timur), and finally travelling to Ta’izz in modern Yemen. In 1395, he was appointed chief qadi (judge) of Yemen and married a daughter of the sultan. During the later years of his life, Fairuzabadi converted his house at Mecca into a school of Maliki law and established three teachers in it. He also wrote a huge lexicographical work uniting the dictionaries of Ibn Sida, a Spanish philologist (d. 1066), and of Sajani (d. 1252). An abridgement of this last work was published as Al-Qamus Al-Muhit (Comprehensive Dictionary) and has over the centuries itself served as the basis of some later dictionaries.[36]Ibn Manzur: Period: 1230 – 1311. Full name: Jamaluddin Muhamad Bin Mukkaram Ibn Manzur, was born in Tunis and died in Cairo. The author of the most comprehensive dictionary of Arabic called Lisan ul Arab, in twenty volumes.[37]
[1] For a good over view see: Sources of Islamic Law: An Overview by Yasin Dutton. http://www.muhajabah.com/docstorage/dutton.htm
[2] Qur’an: (33:59)
[3] Sahih Bukhari Book 8/347
[4] Sunan Abu Dawud 32/4090
[5] Sahih Bukhari Book 72/684
[6] Date of death according to Hijri calendar.
[7] pbuh is abbreviation for ‘peace be upon him.’
[8] ar-Razi, Fakhr ad-Din, at-Tafsir al-Kabir, p.231.
[9] Ibn Kathir, Tafsir al-Qur’an al-‘Azim.
[10] as-Sabuni, Muhammad Ali, safwat at-tafasir, p.538.
[11] al-Janabizi, Tafsir bayan al-sa’adah fi muqaddimat al-ibadah, see commentary of verse 59 of surah Ahzab.
[12]Ibn Man.zur, Mu.hammad ibn Mukarram, Lisan al-`Arab, (Bayrut : Dar .Sadir, 1955-56). Vol.7, p. 273.
[13] Al-Fayruzabadi, al-Qamus al-Muhit,
[14]Lane, Edward William, An Arabic-English lexicon, (London 1863-1893) under the relevant root verb.
[15] Esposito, John L. (ed.), The Oxford Dictionary of Islam, (Oxford University Press, 2003).p.160.
[16] al-Qurtubi, Jami li-ahkam al-Qur’an, verse 60 of sura Nur.
[17] Sahih Bukhari Book 8/347
[18] This narration is mawquf and is attributed more correctly to Umm Salama, the wife of the Prophet.
[19] Milhafa is a synonym of jilbab. Notice here Abdullah b. Umar uses the word milhafa (jilbab) instead of izar, indicating that izar here is the jilbab. See al-majmu’ sharh al-muhazzab, p.259.
[20] Al-Nawawi, al-majmu’ sharh al-muhazzab, (Beirut, 2002), pp.258.
[21] A major reference for Islamic law who’s interpretation of law is canonized in the Malaysian legal code.
[22] An-Nawawi, al-majmu’ sharh al-muhazzab, (Beirut, 2002), pp.258-9.
[23] Ibn Hazm, Al-Muhalla, vol. 3, p.217
[24] For a contemporary source see Badawi, Jamal, The Muslim Woman’s Dress According to the Qur’an and Sunnah, (Ta-Ha Publishers Ltd,1980) or http://members.tripod.com/iaislam/TMWD.htm
[25] Bullock, Kathrine, Rethinking Muslim Women and the Veil: Challenging and Historical and Modern Stereotypes, (Herndon, VA: International Institute of Islamic Thought, 2002).p.73.
[26] Ali, Sayyid, ‘Why Here, Why Now? Young Muslim Women Wearing Hijab,’ The Muslim World, vol.95, (2005), pp.515-530.
[27] http://sunnipath.com/resources/Questions/QA00002148.aspx
[28] http://www.sunnipath.com/aboutTeachers.aspx?sectionid=5&teacherid=12
[29] http://www.britannica.com/eb/article-9041918?query=Ibn%20Hazm&ct=
[30] http://www.britannica.com/eb/article-7063
[31] http://www.britannica.com/eb/article-9033610
[32] http://en.wikipedia.org/wiki/Ibn_Kathir
[33] http://en.wikipedia.org/wiki/Nawawi
[34] http://www.bysiness.co.uk/quran/qurtubi.htm
[35] http://www.britannica.com/eb/article-9067053?query=shafi%27i&ct=
[36] http://en.wikipedia.org/wiki/Fairuzabadi
[37] http://www.salaam.co.uk/knowledge/biography/viewentry.php?id=812 -
The Role of Isnad in the Preservation of the Islamic Civilisation
Introduction
The Islamic ideology derives from the Qur’an and Sunnah. Legislation in Islam also derived from these two sources. Therefore if any one of these sources is lost or distorted then the risk is to the ideology as a whole. In this respect the study of Isnad is not a peripheral discipline in Islam but fundamental to the preservation of the ideology itself. Without Isnad the Sunnah as a source of ahkam would cease to exist. Without Isnad we would lose the ability to elaborate, specify and restrict the ambivalent, general and absolute import of the Quranic text since the role of the Sunnah is to clarify the Qur’an. Without Isnad, extraction of Sharee’ah rules for new realities from the Sunnah would cease to exist. Without Isnad foreign elements could have been incorporated within the ideology due to their false attribution to the Prophet (saw). Thus, Isnad is crucial for the purity, clarity and crystallization of the Islamic ideology and its ability to solve new problems from its legislative source. That is why ‘Abdullah b. Mubarak the teacher of Imam al-Bukhari (Rahmatullahi ‘alayhim) did not exaggerate when he said:
“The isnad is part of the Deen: had it not been for the isnad, whoever wished to would have said whatever he liked.’
It is also precisely for this reason that the Orientalists, have sought to create doubt in the efficacy of the Isnad. The wholesale rejection of hadith as a historical source was first argued by an Orientalist named Ignaz Goldziher in volume 2 of his book: Muslim Studiess. Goldziger was then followed by Joseph Schact who developed his ideas and tried to present a substantial body of proof to this effect in his work: ‘The origins of Muhammadan jurisprudenc’ which was published in 1950. And more recently Gautier Juynboll in his, Muslim Tradition. Studies in chronology, provenance and authorship of early hadith’ has developed further techniques to prove the false nature of the hadith literature. The general thrust of orientalism since Goldziher has tended to impute doubt, in various degrees, on the corpus of hadith literature. For them the elaborate isnad which the Muslims adduce as proof of authenticity have either been doctored or embellished such that the hadith literature is more a reflection of the time in which they were fabricated, ie the political and sectarian milieu of the 2nd and 3rd centuries, than the time they are supposed to go back to which is the time of the Prophet and his noble companions. This is one of the more serious and fundamental attacks by Orientalists on the Islamic ideology. Buy throwing doubt on these sources it would be possible to demolish the whole edifice which rests upon them. It was in this vein that attempts were made to discredit the historicity of the hadith literature.
In addition we see the influence of this thought on modernism and modernist thinking where Sunnah as a source of legislation is markedly absent in the political field. Hence we see amongst some Muslims an attitude which considers the Sunnah of lesser importance than the Qur’an simply because the hadith requires further study and scrutiny as compared to the Qur’an. This has led to people either disregarding or neglecting ahkam simply because it is not found explicitly in the Qur’an. Hadiths discussing the unity of the Muslims, the obligation to appoint a Khaleefah, or the ruling that a woman cannot be ruler to name but a few are brushed aside or not given their due weight because they are ‘hadith’ and not an ayah of the Qur’an.
Dr Asghar Ali Engineer in his book The Islamic State says: ‘There is no fixed concept of an Islamic state – much less a divinely ordained one to be treated immutable. The Koran, as pointed out, elucidates a concept of society, not of a state. The theory of Islamic state, as we have seen in the preceding chapters, changed and conformed more to the concrete situations than to any a priori concept.’[1] The hadiths discussing the Khilafah were fabricated by the rulers to justify their rule. He says: ‘In the metamorphosed state set-up there was nothing more Islamic than the fact that the ruler professed Islam and enforced certain provisions of the Sharee’ah in personal and criminal matters. It was the result of such circumstances that a number of traditions were coined justifying any regime which did as little as enforcing the Islamic way of prayer.’ He then proceeds to quote the rigorously authenticated hadith in Sahih Muslim as example of such fabrication. The text of that hadith is: ‘In the near future there will be Amirs and you will like their good deeds and dislike their bad deeds. One who sees through their bad deeds (and tries to prevent their repetition by his hand or through his speech), is absolved from blame, but one who hates their bad deeds (in the heart of his heart, being unable to prevent their recurrence by his hand or his tongue), is (also) safe (so far as God”s wrath is concerned). But one who approves of their bad deeds and imitates them is spiritually ruined. People asked (the Prophet): Shouldn’t we fight against them? He replied: No, as long as they say their prayers.’ This is exactly the view held by Goldziher who claimed that the political hadith literature was a product of the political and sectarian background of the Umayyad caliphate. Recently Dr Engineer gave a presentation in which he sought to prove gender equality and his approach was solely his own personal interpretation of the Qur’an without any recourse to the Hadith. His reason for this is that hadith was recorded a hundred years after the event, they are contradictory or contradict his own reading of the Qur’an and therefore not a reliable source for Tafseer of the Qur’an.
This attitude is dangerous as it is tantamount to disregarding the revelation of Allah (swt) and the reason for this reverts back to the pragmatic view of the Sharee’ah and a sense that Hadith is somehow of lesser worth due to the difficulties posed in establishing its authenticity.
Therefore the aim of this shahriyyah is to establish the firm conviction in Sunnah as a source of legislation by demonstrating the sophistication and success of the hadith methodology in preserving the Sunnah. However, the way I will be discussing this topic is not to present it as discipline of Musatalah al-Hadith as has been traditionally done but to take relevant aspects of the discipline to give us an outline and conception of the methodology and system itself. As for a detailed refutation of Orientalist arguments and proofs, this will not be possible here due to lack of time but it is thoroughly dealt with in my forthcoming work: ‘The Role of Isnad in the Preservation of the Islamic Civilization’
Historical background and the Birth of Isnad
But before we discuss the key aspects of the hadith methodology I wish to recount the historical background of Isnad so that we can appreciate the context in which the Isnad was born and the problems and challenges Muslims faced in protecting the ideology from the pernicious activities of fabricators.
If we start with the time of the Messenger (saw) we find that questions of authenticity was not an issue since the Prophet was amongst them and the Sahabah were able to correct each other if any mistakes were made in narration. So for example ‘Umar once narrated that the Messenger (saw) said: ‘The deceased is punished due to the weeping of his family’ but ‘Aisha corrected him by saying: ‘The Prophet (saw) said this regarding a Jewess that she was punished whilst her family were crying for her’ meaning that she was punished due to dying upon kufr while the family wept and not because the family was weeping for her.[2] At this time Isnad was at its rudimentary stage because of the proximity to the Prophet (saw) but this did not stop the Sahabah from checking strange attributions or corroborating reports when in doubt.
The earliest record of fabrication of hadith started after the first civil war between Ali and Mu’awiya from 35 A.H following the murder of Uthman. According to Ibn Sirin who died in the year 110 AH: ‘They did not ask about the Isnad but when civil war (fitna) arose they said: Name to us your men; those who belong to Ahl al-Sunnah, their traditions were accepted and those who were innovators their traditions were neglected.’ After this time the fabrications increased with varying motivations. Initially the false attributions reflected political differences. According to Ibn Abi al-Hadid: ‘Lies were introduced in Hadith on merits originally by Shi’a. They in the beginning fabricated many hadith in favor of their man motivated by enmity towards their opponents. When Bakriyya (ie supporters of Abu Bakr) found out what the Shi’a had done they fabricated on their part hadith in favour of their man.’
Disagreements in ‘Aqaa`id also led the unscrupulous to fabricate hadith in support of their sectarian positions. So there are one set of narrations which say that the Prophet (saw) said that Imaan increases and decrease wile another set say Iman does not increase or decrease and all of them are fabricated.
Another faction which fabricated hadith were the Zindeeqs ie people who outwardly manifested Islam but hated it and wanted to destroy it being giving an ridiculous and irrational impression of Islam through their fabrications.
Some fabricated hadith to support the founder of their own school like the report which says: ‘There will be among my Ummah a man named Abu Haneefah who will be the Suraj (light) of my Ummah.’ Or the the fabrication referring to ash-shafi’I which says: ‘There will be among my Ummah a man named Muhammad b. Idrees who will be more harmful to my Ummah than Iblees.’ Other categories of people who fabricated hadith were well intentioned pious people who wanted encourage Ta’aat or the story tellers (Qussas) who wanted to entertain the people with their wild and amazing stories.
The Challenges faced by the Muslims:
Revival is intellectual elevation. When society is elevated in thoughts it looks at problems in an enlightened manner and derives solutions on an enlightened basis directed by its viewpoint about life and hence that society progresses and solves its problems effectively and thereby achieves revival. One of the best examples of revival or elevation in thought is the way Muslims dealt with the problem of hadith authenticity and fabrication. From the brief account of history given above the enormous task faced by the Muslims is clear. There were thousands of transmitters scattered throughout the Islamic lands and even greater number of reports to sift through. From these they managed to select the sound narrations from the weak and compile them along with their chain of transmitters in such an effective manner which is unparalleled by any form of historiography known at the time and beyond. And this was done in the days when the best form of data storage was the human memory or parchment and messengers on horses were the quickest form of communication.
To appreciate how tall an order this was let us look at the difficulties the Muslims had to resolve in order to safeguard the hadith. The first hurdle to overcome was to establish continuity of the chain i.e. that there were no gaps in the chain. This required that the birth and death dates of narrators had to be catalogued as well as the cities form which they came in order to establish the possibility that they had met and hence were able to transmit the hadith. Second issue that had to be ascertained was the probity and mendacity of transmitters. It is not enough to have an unbroken continues chain if one of the transmitters is of unsound character. Like a chain all that is necessary for the whole thing to collapse is one wobbly chink which would allow it to fall apart easily. So one liar in the chain, or the weakest link, will weaken the report even if the rest of the chain is littered with illustrious and trustworthy personalities. In fact it was the names of illustrious and respected people that were used by fabricators to pass off their dishonest material. For this reason the Muslims needed to gather information about the narrators, which if one thinks about it is not an easy accomplishment, since it involved assessing the character and state of mind of thousands upon thousands of transmitters. This repository of biographical material then would be used to identify each and every transmitter in the chain. Now having amassed this information there needs to be some criteria as to what would constitute a reliable narrator whose report could be believed. So is it enough for the narrator to be trustworthy before we take his report or should we impose extra safeguards? What about memory? Some people are trustworthy but prone to forget or make significant mistakes or get their reports muddled up. How do we deal with these problems? Also, as we know usually always there is more than one chain for a single hadith, how can we classify these to indicate the various levels of strength and authenticity since the Sharee’ah has imposed diffract criteria in respect to actions and belief? As with all human dependencies mistake will be made so how can we avert mistakes and maintain accuracy in transmission? What about the ostensibly sincere fabricators of hadith who are of sound memory but concoct reports for what they believe to be well intentioned and noble aims? How do we catch them out? What kind of techniques and approaches can be developed to detect forgery and deception? And finally, at times we find two reports both of which are authentic according to the stringent criteria laid out but they contain an apparent contradiction. This is not surprising when you are dealing with reports describing sayings and actions taking place in diverse circumstances in their generic and specific contexts spanning the prophetic lifetime of the Messenger (saw). Coupled with this is the possibility of a mistake that has gone undetected due to forgetfulness or misunderstanding the intent of a statement or action. How do we reconcile such seeming and apparent contradictions? Since the Wahy, as we know, in principle does not contradict itself.
These are just a glimpse of the key issues the Muslims had to answer if the Sunnah was to be protected from loss and corruption from foreign elements. The result was the development of 4 distinct sciences to combat fabrication, namely:
1. ‘ilm tareekh rowaah, which dealt with the crucial issue of the dates of birth and death of transmitters.
2. ‘ilm jarh wat ta’deel, consisting of the manners of disqualification and authentication of transmitters.
3. ilm ghareeb al-hadith, which is study of the irregular aspects of matn and Isnad.
4. ‘ilm mukhtalafil hadith, which discusses the techniques of reconciling and outweighing seemingly contradictory hadith.In the ensuing discussion I will highlight the key features of the above sciences to show how the problems posed above were tackled.
The Biographical (rijal) Literature
The first step in verifying a report is to know the reality of the person reporting a piece of news. That is why Allah (swt) says:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنْ جَاءَكُمْ فَاسِقٌ بِنَبَإٍ فَتَبَيَّنُوا أَنْ تُصِيبُوا قَوْمًا بِجَهَالَةٍ فَتُصْبِحُوا عَلَى مَا فَعَلْتُمْ نَادِمِينَ
‘O you who believe! If a Fasiq comes to you with a news, verify it, lest you harm people in ignorance, and afterwards you become regretful to what you have done.’ [49:6]
Here the ‘illah for verifying or scrutinizing a report is the potential harm that will be caused by accepting a false report. It is on the basis of this ayah that the Muhadditheen began to seek out information about narrators in order to verify their narration. But what about recording and publicizing the defects of such narrators, what is the Shar’I justification for doing this? Al-Bukhari reported on the authority of ‘Aisha that: ‘A man asked permission to enter upon Allah’s Apostle. The Prophet said, “Admit him. What an evil brother of his people or a son of his people.” But when the man entered, the Prophet spoke to him in a very polite manner. (And when that person left) I said, “O Allah’s Apostle! You had said what you had said, yet you spoke to him in a very polite manner?” The Prophet said, “O ‘Aisha! The worst people are those whom the people desert or leave in order to save themselves from their dirty language or from their transgression.’ [3] This hadith teaches us that in warning the Muslims from a harm it is allowed to backbite because the man Rasulullah was warning about is one man named ‘Uyaynah b. Hisn who outwardly showed that he was a Muslim thought in reality he was not a Muslim. Rasulullah wanted to warn the people about this man so he said what an evil man he is. This is indicated by the Prophet’s answer to A’isha when she asked him why he used bad language, he replied that he one who used bad language is the worst of people yet he (saw) used bad language to describe this man. Therefore the reason must be that he wanted to warn the people and not to abuse the man and hence when he met him he was very polite to him. Imam al-Qurtubi commenting on this hadith said: ‘The Hadith contains the permission to backbite the one who publicly shows his Fisq or Fahsh and the like from unjust rulers or those who call to innovation though its allowed to do it in a polite manner as long as long as it does not lead to compromising the Deen of Allah Ta’aala.’ [4] Thus, when we come to narrators of hadith it is clear that unscrupulous hadith narrators are not only harmful to Muslims but to Islam itlsef and therefore their faults must be recorded so no hadith will be accepted from them.
The endeavor to verify the reports gave rise to the science of Rijaal (ie the knowledge and collation of the biography of narrators) and the Science of Jarh (disparagement) and Ta’deel (attestation). Information regarding the probity and precision of narrators were recorded whether the information was disparaging or confirmed the reliability. The honest defamation or Ta’n was considered part of the Deen since it was necessary to protect the Deen. In collecting this material the Rijal critics spared no one to the extent that the son would criticize his father. It is reported that ‘Some people asked ‘Ali b. al-Madeeni, the great Rijal scholar, about his father. He said: Ask somebody else. They repeated the question. He fell silent and then lifted his head and said: This (is part) of the Deen. He (my father) is weak (da’eef).’ It is for this reason that people like the great Tabi’I ‘Ata b. as-Saa`ib and well known Seerah writer Ibn Ishaq were not spared from criticism. Yayha b. Ma’een said: ‘We disparaged people who had already been admitted to Jannah more than a hundred years ago.’ Their prime motivation for doing this was fear of Allah and not the fear of the people. It is reported that Yahya b. Sa’eed al-Qattan was asked: Do you not fear that those people whose hadith you have rejected will dispute against you before Allah? He said: no, that these people should dispute with me is better than the Messenger of Allah (saw) disputing with me by saying: Why did you narrate a hadith which you thought was a lie?’
The Stringent Isnad Criteria
Five strict conditions were set to rigorously assess the authenticity of a hadith. The early pioneer in this field, as in so many other fields of Islamic learning, was the great Imam Shafi’I who spelt out a methodology to verify authenticity. Before Shafi’I people were taking munqati and mawquf hadiths until he came along and established the indispensability and supremacy of the muttasil (continuously liked) narration over all other forms of transmission. They were rejecting certain traditions because they seemed to contradict with other narrations. It was Shafi who devised a system of jam’ and tarjeeh to reconcile and outweigh the narrations. The two jurisprudential approaches prevalent in his time was the Ahlul hadith and Ahl ar-Ra’I who were either taking hadith which they should not take due to their weakness or rejecting sound hadith in favor of Qiyas. Shafi’I reconciled both approaches and set out a systematic methodology which was referred to by all the Mazaahib from that time onwards. So no one should underestimate the significance of following quote from ar-Risaalah which had such a profound influence on how the Ummah referred to the Sunnah in subsequent generations. In the chapter on ‘Proof of the Khabar al-Wahid’ Shafi states:
“Each reporter should be trustworthy in his religion; he should be known to be truthful in his narrating, to understand what he narrates, to know how a different expression can alter the meaning, and report the wording of the hadith verbatim, not only its meaning. This is because if he does not know how a different expression can change the whole meaning, he will not know if he has changed what is lawful into what is prohibited. Hence, if he reports the hadith according to its wording, no change of meaning is found at all. Moreover, he should be a good memoriser if he happens to report from his memory, or a good preserver of his book if he happens to report from it. He shouId agree with the narrations of thehuffaz, if he reports something which they also do. He should not be a mudallis, who narrates from someone he met something he did not hear, nor should he report from the Prophet contrary to what reliable sources have reported from him. The same qualification must be possessed by transmitters preceding him until the transmitter relates back to the Prophet or to him who carries it back to closest to him, for each of them vouches for the tradition as he received it and verifies it for him to whom he passes it. So none of them should lack the qualifications I have just described.’
In other words a Sahih hadith is a report ‘whose chain is continuous by the trustworthy and meticulous transmitters whose report contain no abnormality (shuzuz) or defects (‘illah).’ [5] Thus, the conditions in this definition can be listed as the following:
1. Ittisal as-Sanad (continuity of the chain)
2. ‘adalatur ruwwaah (probity or trustworthiness of narrators)
3. Dab tar-Ruwaah (The precision and accuracy of narrators)
4. The absence of shuzooz and al-‘illah ie the absence of conflict with stronger narrations and hidden defects (‘ilal).The continuity of the chain of transmission (Ittisal as-Sanad)
Isnad is the backbone of any report. Imam ash-Shafi’I used to say: ‘The one who looks for a hadith without Isnad is like the one who looks for firewood in the night.’ In other words he is groping in the dark and does not know what he is picking up. One of they key methods establishing continuity was the science of dates of birth and death of transmitters. Sufyan ath-Thawri said: ’when they (the fabricators) used lies we used dates’ [6] By identifying when a narrators was born and when died it is possible to ascertain of there was a likelihood that he met the narrator from whom he claims he got the report. Look at the following example given by al-Khateeb in his al-Kifayah fee ‘ilmir riwaayah: Once a man named ‘Umar b. Musa came to Homs. The people gathered round him in the mosque and so he began speak: ‘We were informed by your pious Shaykh such and such hadith. When he kept mentioning him ‘Afeer b. Mi’daan asked him: Who is our pious Shaykh? Give us his name so we can identify him.
Umar b. Musa replied: he is Khalid b. Mi’daan.
‘Afeer asked him: which year did you meet him?
He said: I met him in the year 108 AH.
So he asked: where did you meet him?
He replied: I met him in the battle of Armenia.
So Afeer said: ‘Fear Allah O Shaykh and do not lie. Khalid b. Mi’dan died in the year 104 AH but you claim that you met him after his death by four years. Le me add he did not just fight in Armenia only but also fought the Byzantines.’The weakest link in the chain is what makes or breaks the credibility of a report. So the Muhadditheen set out the classification of broken chains depending on where they occur and discussion of their value. For example a mu’allaq isnad is where one or more transmitters is missing at the beginning of the chain and mursal is when the Tabi’I omits the name of the sahabi. A mu’dal chain is where two or more transmitters are missing in one more place whilst the munqati’ is any break excluding mu’allaq, mursal and mu’dal. All of these chains are rejected except Mursal about which there is some difference of opinion. Some reject it, others like Abu Haneefah accept it because the omission of the Sahabi who is trustworthy is inconsequential whilst others accept it with certain conditions like Imam ash-Shafi’I. The usefulness of cataloging such chains is that it may be possible to fill the gap afterwards if other chains come to light which establish the continuity.
The Probity of Narrators (‘adaalatur ruwwaah)
After establishing continuity it is necessary to establish the trustworthiness of narrators. Since one can only go by the overt indications it is stipulated that for someone to be ‘adl he must not be known to be a liar or accused of lying or an open fasiq (ie someone who openly transgresses the ahkam) and he must be free from dishonorable behavior (khawaarim al-muroo’ah). Here we can see that it is not enough not to violate the Sharee’ah but the person must not violate the norms of society in order to be accepted by his peers. So, someone who constantly changes his opinion or (madhab) would be deemed as performing an action which may be permitted but would lose credibility i.e. such person would lose his ‘adaalah. Thus we can see the concept of ‘adaalah in narration of hadith is stricter than the concept of ‘adaalah when giving testimony before a Qadi. And finally, another disqualification of ‘adaalah is if the narrator is Majhool al-‘Ayn ie we know his name but do not known his reality.
The way we would know if someone is trustworthy if his probity is attested by other trustworthy people (mu’addileen or if they well known among scholars such as Sufyan b. ‘Uyaynah, Sufyan ath-Thawri or al-Awza’I.
The Precision (dabt) of Narrators (Dab tar-Ruwwaah)
Dabt is the precisian and accuracy of narrators in taking and conveying information. One of the qualities of a transmitter who is dabit is that he must be very alert and cautious lest he records a report from his master in which tadlis has occurred. Yahya b. Qattan heard Shu’ba saying : ‘I used to sit with Qatada (to learn hadiths from him). When he used to say ‘I heard such and such person say…’ I would write it down, but when he would say ‘ such and such person said (without specifying the sama’ from him)I would not write that report down’. [7] Above all he must verify and be meticulous in anything he transmits or receives.
Human beings naturally make mistakes but the one who is dabit should not make too many mistakes. Al-Ramhurmuzi reported form ‘Abd ar-Rahman b. al-Mahdi who said: ‘The Muhaddithoon are three types: The one who is of good memory and meticulous and there is no disagreement about him. The one makes mistakes but most of his haidth are sound and his hadith is not left. And the one who makes mistakes in the majority of his hadiths and this ones hadith is rejected (matrook).’ [8] Thus the narrator must have a good retentive ability and not contradict the narrations of more trustworthy narrators.
Sometimes it can happen that a good narrator of hadith loses his retentive abilities later in life in which it case it is necessary to identify when a hadith was received from him. Ibn Lahee’ah started to muddle up his reports after his books got burned and so the muhaditheen stopped narrating from him father that point. Ahmed b. Hanbal said: ‘Anyone who had heard Ibn Lahee’ah long ago is valid (for report).’ The way in which dabt was ascertained is if his reports generally agree with other trustworthy narrators.
Absence of Shuzooz and ‘Illah
A hadith is considered Shaz when an acceptable transmitter transmits a matn or sanad which contradicts the matn or sanad of more trustworthy narrators. This is different to the munkar which is the narration of untrustworthy narrator which goes against the report of other trustworthy narrators. The benefit of this study is that one can detect mistakes and fabrications while at the same time assess the dabt and ‘adaalah of transmitters.
As for the study if ‘ilal or hidden defects this is one of the most delicate and difficult work of a Hadith critic. Whilst in Usul al-Fiqh it is enough to grasp the intellectual aspects and the key discussions but in the science if ‘Ilal one needs a breadth of knowledge which can encompass and recall a mass of reports and their asaneed in order to compare and detect that which is undetectable to the untrained eye . In this regard the Muhaddith is like a detective looking for clues which will allow him to trace a mistake to its source. Few have mastered this field due to breath of knowledge required to undertake such an investigation. al-Bukhari, Ali al-Madeeni and ad-Daarqutni are a few examples of those who became proficient in this branch of ‘Ilm al-Hadith. Ibn Hatim al-Razi sums it up nicely when he says: ‘The goodness of a Dinar is known when it is measured against another. Thus if it differs in redness and purity, it will be known known that it is fake. The kind of diamond if examined through measuring one another. If it differs in sparkle and firmness, it will be known to be glass. The authenticity of a hadith is known by its coming from reliable narrators and the statement itself must be worthy of being the statement of the Prophethood.’ [9]
The hidden defects can exist in the matn and sanad, and it is the task of the Isnad critic to detect the fault through a scrutiny of multiple narrations and also rectify the defect where possible. For example Yu’la b. ‘Ubayd narrated from ath-Thawri from ‘Amr b. Dinar that the Messenger (saw) said: ‘The seller and the buyer have the right to keep or return goods.’ [10] Here Yu’la has made a mistake because it should be Abdullah b. Dinar and not ‘Amr b. Dinar who should be in the Isnad. How was it possible to catch this? This was because all the students of ath-Thawri reported the hadith from Abdullah b. Dinar and not ‘Amr b. Dinar and therefore Yu’la must have made the mistake.
Grading and classification of Ahadith
The hadith has been further graded [11] as Sahih, Hasan and Da’eef.
Once it has been established that a hahdith has a continuous isnad, made up of reporters of trustworthy preservers from similar authorities, and which is found to be clear from shuzuz and any hidden defects then the Hadiths is classed as Sahih. As for the Hasan Al-Khattabi (d. 388) states: ‘It is the one where its source is known and its reporters are prominent. It is the most regular hadith, and most scholars accept it, and it is used by the fuqaha generally’ [12] Hasan however comes in two varieties:
i. one with an isnad containing a reporter who is mastur (i.e., no prominent person reported from him) but is not totally careless in his reporting, provided that a similar text is reported through another isnad as well;
ii. one with an isnad containing a reporter who is known to be truthful and reliable, but is a degree less in his preservation of hadith in comparison to the reporters of sahih ahadith.In both categories however the hadith should be free of any conflict with more reliable narrations (shuzuz).
As for the Da’eef it is the narration which lacks the attributes of Sahih and Hasan. Whilst the last two are sound and relied upon as evidence Da’eef on the other hand cannot be adduced as proof.
After this the hadith were divided according to the manner in which it was transmitted to us. Although people disagreed about he details a basic distinction which everyone one accepts is that hadiths are either Ahad or Mutawatir.
Techniques in Averting Errors
A number of measure have been adopted to insure that errors are kept to a minimum. For example the use of textual comparisons. Cross-comparisons were made between the hadiths of different students of a given scholar or the statements of a scholar made at different times. Written versions were also compared with the oral record. Dabt, for example, was measured by using this procedure. In fact, this was the earliest method of checking the accuracy and truthfulness of traditionalists. There are reports which indicate that even Companions such as Abu Bakr, Umar b. al-Khattab and ‘A’isha cross examined people purporting to know traditions from the Prophet. This practice was continued by the Successors and developed to greater degrees of sophistication. The Successor, Ayyub al-Shakhtiani (d.131) used to say :’If you wish to know the mistakes of your teacher, then you ought to sit with others as well’.
This was the key technique in detecting interpolations (mudraj) in the text. For example, al-Khatib relates via Abu Qattan and Shababa — Shu’ba — Muhammad b. Ziyad — Abu Huraira — The Prophet, who said,
“Perform the ablution fully; woe to the heels from the Fire!”
Al-Khatib then remarks,
“The statement, ‘Perform the ablution fully’ is made by Abu Huraira, while the statement afterwards, ‘Woe to the heels from the Fire!’, is that of the Prophet. The distinction between the two is understood from the narration of al-Bukhari, who transmits the same hadith and quotes Abu Huraira as saying, “Complete the ablution, for Abul Qasim said, ‘Woe to the heels from the Fire!’.”They used these techniques to detect alterations to the expression or meaning of a hadith. For example: The expression salla ila can mean to send blessings upon or to pray before something. Look at the misunderstanding of Abu Musa al-‘Anazi who said: we are a noble people for we are from ‘Anazah. The Messenger of Allah (saw) sent blessings meaning the hadith which says: anna an-nabi (saw) sallah ila ‘Anazah. He thought the prophet was seding blessings on his tribe when in fact what the statement meant is that the Prophet prayed before a ‘Anazah which is the name of spear placed in front of the Musalli when he prays.
Detection of forgery and deception
Techniques of detection came under two categories:
a) Techniques relating to the sanad.
b) Techniques relating to the matn or diraayahIn terms of the sanad there are times when a fabricator would confess, in such cases their names were recorded and narrations bearing that persons name were rejected. If a narrator did not meet the scholar from which he is narrating the tradition , or if he was born after the death of that scholars, or had not gone to the area or region from which claims he claims he heard the hadith, that would be an indication of fabrication. Also narrators lives were inspected if they had any vested interest in quoting a certain narration. Many hadiths were rejected using this technique. For example the hadith ‘The Hareesah (a certain dish) strengthens the back.’ It tuned out that its fabricator Muhammad b. Hajjaj an-Nakha’I used to sell Hareesah! [13]
As for the techniques relating to matn or what’s known as the study of Diraayah they include the following: The style and linguistic qualities of the texts were studied to see if they matched with the style of the Prophet which they had become accustomed to from well established authentic hadiths. Text containing corruptions and wild exaggerations in meaning were rejected or statements which were rationally unacceptable. [14] E.g. aubergines are the cure for all diseases. Texts which contradicted the Qur’an were also rejected. Also discarded were texts which contradicted well established facts of history during the time of the Prophet or when a narration agreed with sectarian views of extremely partisan narrators.
Perhaps one of the best examples of textual analysis is the one quoted by Ibn Qayyim in his Naqd al-Manqool. He quotes a report which says that an agreement was made with the people of khaybar exempted them from the payment of Jizyah.’ This report was declared a fabrication due to the following indications in the Matn:
i. Text mentiones Sa’d b. Mu’az but Sa’d had died before then in the battle of Khandaq.
ii. It mentions that Mu’awiyyah b. Abi Sufyan wrote the letter but Mu’awiyyah had not embraced Islam until the conquest of Makkah which is much later than this incident.
iii. The hadith mentioned Jizyah but that was not revealed until after Tabuk.
iv. It mentions that certain types of taxes were levied but these did not exist at the time.
v. The treaty us unspecified by time, how can this be when he did not grant them unspecified security?
vi. How could this happen without the knowledge of this who conveyed the Sunnah such as the Sahabah and Tabi’een but it so happens that the Jews know about it?
vii. The Jews of Khaybar fought Messenger and his companions, what did they deserve to be granted such an exemption from the obligation of Jizya, when other tribes just as bad were not exempted?
viii. Had the Prophet exempted them from the Jizya he would not have stipulated that they be expelled whenever he (saw) willed. This does not fit with the ruling that the Ahl al-Zimmah cannot be expelled as long as they abide by the rules of Islam.
ix. If the Prophet had exempted them when did none of the Sahabah exempt them? [15]Science of Conflicting Hadith (Mukhtalaful Hadith):
It is inevitable that some reports will seem contradictory since one hadith may be general while the other is specific, or one is misquote while the other is accurate or if one has abrogated the other. Therefore, it was necessary to establish a methodology by which such seeming contradictions can be reconciled. It was for this reason that the science of Mukhtalaf al-Hadith was developed.
When presented with two sets of contradictory hadith one of three options are possible. Either one can resort to Jam’ or reconciliation of the hadith by considering whole host of issues such as textual indication (madlool al-Lafz) or if this is not possible then outweigh (tarjeeh) one report over the other if the chronology is not known and finally accept abrogation if the chronology known.
Imam al-Asnawi said: ‘When two evidences contradict then one is outweighed over the other if it is not possible to act upon both of them. If it is possible to act upon them even if it is from one aspect and not in another then we should not proceed to Tarjeeh (outweighing). This is because acting upon both evidences is better than neglecting one text completely since in origin a daleel should be acted upon and not neglected.’ [16]
Thus, the means of removing the contradiction are three:
a) Jam’ (reconciliation)
b) Tarjeeh (outweighing if the chronology is not known)
c) Naskh, abrogation if chronology is known.
d) If none of the above methods are possible then revert back to the original rule and assume the contradictory texts are non-existent.The process of Jam’ is where you try to reconcile two contradictory texts due to certain linguistic and circumstantial considerations. For example the textual indications (madlul al-Lafz) can assist in the reconciliation between two texts. In one hadith it says: ‘Water is pure so nothing can make it impure.’ [17] While another says: ‘If the water is enough to fill two pots (qullatayn), it carries no impurity.’ [18] The first text is ‘Aam for all amounts of water but the mafhum of the second text indicates that water can become impure if its nature is changed. This is a specification (takhsees) of the first text by the mafhum of the second.
As for Tarjeeh this can happen in a number of ways. One way is if one of the conflicting hadith accords with another authentic hadith. For example one hadith says: ’There is no Nikah without a wali.’ [19] This hadith stipulates the presence of a wali but it seems to contradicts with another hadith which indicates the wali is not stipulated. That hadith is as follows: ‘The matron has greater right than her guardians and the virgin her permission is sought. Her permission is her silence’ [20] But the first hadith stipulating the presence of wali agrees with another sound narration which says: ‘Any woman who gets married without the permission of her guardian (Wali), her marriage will be void, her marriage will be void, her marriage will be void’ [21] Therefore, the Tarjeeh will be that the hadith which says there is no nikah without wali is outweighed and accepted because it is supported by another authentic narration.
As for abrogation this happens when Jam’ is not possible but abrogation is possible because the chronology is known. For example one hadith says: ‘The one who cups blood and is cupped has broken his fast.’ But another ahdith says: ‘That the Prophet (saw) was cupped while he was fasting.’ If we scrutinize the circumstances of these hadiths we find that first hadith took place in year eighth of the Hijrah during Fath while the second hadith is in the Farwell speech (Hijjatul Widaa’) in the year 10 after Hijrah. Thus, ash-Shafi’I took the view that the second hadith has abrogated the first thereby allowing the cupping of blood while fasting in Ramadan.
Conclusion
The Muslims rose to the challenge when the source of their way of life was being threatened by destructive activities of hadith fabricators. They were able to amass a data base of thousands of narrators, set out rigorous criteria to asses authenticity, classify and adopt a grading system for chains narrators, devise techniques to detect and avert mistakes and fabrications and adopt a methodology to reconcile the differences within certain texts. The result was the effective preservation of the ideology and its legislative capacity.
If we compare the system of Isnad to the modern system of historical analysis we will find the former much more sophisticated and successful in establishing the veracity of historical incidents and events. What the Muslims called a Da’eef hadith is perhaps stronger in historicity, in some of its forms, than modern sources such history textbooks, numismatics or historical criticism of literary texts. This is because Da’eef does not mean fabrication but that it did not satisfy our stringent criteria. So when Nizam al-Islam mentions that riwaayah or narration is the strongest and most reliable source of history, not archeological findings, it assumes knowledge of the above discussion of the Isnad system.
Thus, the Muslims protected their ideology, insured the legislative capacity and preserved their Islamic civilization. Muslim historiography in this regard is a testament to how the Ummah can solve her problems, progress and revive if she adopts the Islamic ‘Aqeedah as the basis for her thoughts, society and state.
References
[1] The Islamic state p.199
[2] Sahih Zarkashi’s al-Ijaabah li-iraad maa istadrakathu ‘aisha ‘alas Sahabah p.76
[3] Bukhari, Kitab al-Adab, hadith: 80
[4] See Fathul Bari and section on Ibn Hajars discussion of Aisha’s hadith.
[5] Taqreeb see page 37
[6] See al-Kifayah fee ‘ilm ar-Riwaayah pp119
[7] See Abu Bakr Ahmed b. ‘Ali b. Thabit ( al-Khatib al-Baghdad ), Kitab al-Kifaya fi ‘ilm ar-Riwaya ( al-Maktaba al-’ilmiyya bi al-Madina al-Munawwara, n.d.) see p.164.
[8] al-Muhaddith al-Fasil p.406
[9] see Abn Abu Hatim al-Razi, al-Jarh wat-ta’deel
[10] an-Nukhba an-nabhaniyyahp. 123. the hadith is in bukhari in kitab al-buyu’.
[11] ‘ghareeb in matn for some is like shaz (contradiction of thiqaat) but for others its just irregular but not a cause for ta’n……but gharaabah in sanad it is saheeh but point is it is low in value, hence Imam Malik said: ‘the worst knowledge is the ghareeb and the best knowledge is the zaahir narrated by the people.’
[12] Ma’aalim as-sunan, vol 1, p.11.
[13] See as-Siba’I, as-Sunnah wa makaanatuhu fit tashree’ al-Islami
[14] Al-Khatib al-Baghdadi says: ‘All the statements come under three categories. Of them one is to be known to be erroneous. The cause of this knowledge is that ‘Aql refused to accept it.’ [Kifayah p. 17]
[15] Naqd al-Manqool, Ibn Qayyim al-Jawziyyah, p.90-93
[16] Nihayat as-suwal vol 3 p.214.’
[17] Abu dawud.
[18] An-Nasa`i
[19] Abu Dawud
[20] Sahih Muslim
[21] al-Hakim -
Regarding the Nisaab for Zakat in Trading Offers
Question
Our respected Sheikh, kind greetings, blessings from Allah
Assalamu Alaikom Wa Rahmatullahi Wa BarakatuhuMy question is in relation to the Nisaab of Zakat in trading offers: it was mentioned in Funds in the Khilafah State book, page 142 (English version), that the Nisaab of Zakat in silver-which is 200 Dirhams- becomes 595 grams, or 20 Dinars gold is 85 grams of gold. Which of the two Nisaab should we adopt today for our calculations in trade offers, knowing that there is a great difference between the prices of silver and gold, so one gold dinar is equal to approximately 100 silver Dirhams. So if we calculate five gold Dinars, its price will exceed the Nisaab of silver, so which of the two Nisaabs do we adopt today? May Allah (swt) bless you and allow us to benefit from your knowledge.
Answer
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuhu
Firstly: For those who trade with gold, the Nisaab is 85 grams of gold and for those who trade with silver, the Nisaab is 200 Dirhams of silver, as for the representative paper currency, then it depends on what is recorded on it that substitutes it: “If it is a substitute for gold, it is considered with the Nisaab of gold, if it is a substitute for silver, it is considered with the Nisaab of silver”.
As for paper which takes its value by the force of law, and not paper representing gold or silver, like the current paper currency, hence I outweigh that it be corrected with the least of the two Nisaab, i.e. with silver, so if the value of the paper currency reached 200 Dirhams of silver i.e. the value of 595 grams of silver, which is about 20 ounces of silver, and I believe that one ounce of silver equals to $30, and this means that if what a Muslim owns reached approximately $600 “should be calculated precisely”, and had no debt on him…. Then he is of the people of Zakat, so if one year passes on the Nisaab without any amount decreasing from it, he is obliged to pay Zakat.
I said the least of the two Nisaab, because if the Nisaab reached the minimum, then he becomes of the people of Zakat, and it is not permissible for him to exceed it while waiting for the upper Nisaab, rather he has to record the date he became of the people of Zakat, then after one year passes and the Nisaab did not decrease, then he has to pay the Zakat. This is what I outweigh, and Allah (swt) knows Better and Wiser
Your brother,
Ata Bin Khalil Abu Al-Rashtah08 Rajab 1435
2014/05/07 -
Ajal (Lifespan) – In depth
The following is a translation from Arabic.
As for the issue of death, it is the same like the issue of sustenance (rizq). The one who brings life (al-muhyee) and causes death (al-mumeet) is Allah (swt); and life (al-hayaah) and death (al-mawt) are in the hand of Allah (swt). Allah (swt) has informed us by the definitely proved (qat’iyyat ut-thuboot) and of definite indication/meaning (qat’iyyat ud-dalaalah) verses (aayaat) that the cause of death is the end of life term (intihaa’ ul-ajal), and that Allah (swt) is the one who causes death. Thus, death inevitably occurs by the end of life term (ajal), and it never fails to take place then. Therefore, the cause of death is the ajal, and the one who causes death is Allah (swt). There are many aayaat on this issue. Allah (swt) said:
وَمَا كَانَ لِنَفْسٍ أَنْ تَمُوتَ إِلاَّ بِإِذْنِ الله كِتَابًا مُّؤَجَّلاً وَمَن يُرِدْ ثَوَابَ الدُّنْيَا نُؤْتِهِ مِنْهَا وَمَن يُرِدْ ثَوَابَ الآخِرَةِ نُؤْتِهِ مِنْهَا وَسَنَجْزِي الشَّاكِرِينَ
“Nor can a soul die except by Allah’s leave, a term being fixed as by writing.” [Aali ‘Imraan: 145]اللَّهُ يَتَوَفَّى الْأَنفُسَ حِينَ مَوْتِهَا وَالَّتِي لَمْ تَمُتْ فِي مَنَامِهَا فَيُمْسِكُ الَّتِي قَضَى عَلَيْهَا الْمَوْتَ وَيُرْسِلُ الْأُخْرَى إِلَى أَجَلٍ مُسَمًّى إِنَّ فِي ذَلِكَ لَآيَاتٍ لِّقَوْمٍ يَتَفَكَّرُونَ
“It is Allah that takes the souls (of men) at death.” [Az-Zumar: 42]أَلَمْ تَرَ إِلَى الَّذِي حَآجَّ إِبْرَاهِيمَ فِي رِبِّهِ أَنْ آتَاهُ اللّهُ الْمُلْكَ إِذْ قَالَ إِبْرَاهِيمُ رَبِّيَ الَّذِي يُحْيِـي وَيُمِيتُ قَالَ أَنَا أُحْيِـي وَأُمِيتُ قَالَ إِبْرَاهِيمُ فَإِنَّ اللّهَ يَأْتِي بِالشَّمْسِ مِنَ الْمَشْرِقِ فَأْتِ بِهَا مِنَ الْمَغْرِبِ فَبُهِتَ الَّذِي كَفَرَ وَاللّهُ لاَ يَهْدِي الْقَوْمَ الظَّالِمِينَ
“My Lord is He Who gives life and causes death.” [Al-Baqarah: 258]يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ تَكُونُواْ كَالَّذِينَ كَفَرُواْ وَقَالُواْ لإِخْوَانِهِمْ إِذَا ضَرَبُواْ فِي الأَرْضِ أَوْ كَانُواْ غُزًّى لَّوْ كَانُواْ عِندَنَا مَا مَاتُواْ وَمَا قُتِلُواْ لِيَجْعَلَ اللّهُ ذَلِكَ حَسْرَةً فِي قُلُوبِهِمْ وَاللّهُ يُحْيِـي وَيُمِيتُ وَاللّهُ بِمَا تَعْمَلُونَ بَصِيرٌ
“O you who believe! Be not like the unbelievers who say of their brethren, when they are travelling through the earth or engaged in fighting: ‘If they had stayed with us, they would not have died, or been slain.’ This is so that Allah may make it a cause of sighs and regrets in their hearts. It is Allah that gives life and causes death, and Allah sees well all that you do.” [Aali ‘Imraan: 156]أَيْنَمَا تَكُونُواْ يُدْرِككُّمُ الْمَوْتُ وَلَوْ كُنتُمْ فِي بُرُوجٍ مُّشَيَّدَةٍ وَإِن تُصِبْهُمْ حَسَنَةٌ يَقُولُواْ هَـذِهِ مِنْ عِندِ اللّهِ وَإِن تُصِبْهُمْ سَيِّئَةٌ يَقُولُواْ هَـذِهِ مِنْ عِندِكَ قُلْ كُلًّ مِّنْ عِندِ اللّهِ فَمَا لِهَـؤُلاء الْقَوْمِ لاَ يَكَادُونَ يَفْقَهُونَ حَدِيثًا
“Wherever you are, death will find you out, even if you are in towers built up strong and high!” [An-Nisaa’: 78]وَقَالُوا أَئِذَا ضَلَلْنَا فِي الْأَرْضِ أَئِنَّا لَفِي خَلْقٍ جَدِيدٍ بَلْ هُم بِلِقَاء رَبِّهِمْ كَافِرُونَ
قُلْ يَتَوَفَّاكُم مَّلَكُ الْمَوْتِ الَّذِي وُكِّلَ بِكُمْ ثُمَّ إِلَى رَبِّكُمْ تُرْجَعُونَ
“And they say: ‘what! When we lie, hidden and lost, in earth, shall we indeed be in a creation renewed?’ No, they deny the meeting with their Lord! Say: ‘The angel of death put in charge of you, will (duly) take your souls; then shall you be brought back to your Lord.” [As-Sajdah: 10-11]قُلْ إِنَّ الْمَوْتَ الَّذِي تَفِرُّونَ مِنْهُ فَإِنَّهُ مُلَاقِيكُمْ ثُمَّ تُرَدُّونَ إِلَى عَالِمِ الْغَيْبِ وَالشَّهَادَةِ فَيُنَبِّئُكُم بِمَا كُنتُمْ تَعْمَلُونَ
“Say: ‘The death from which you flee will truly overtake you.” [Al-Jumu’ah: 8]وَلِكُلِّ أُمَّةٍ أَجَلٌ فَإِذَا جَاء أَجَلُهُمْ لاَ يَسْتَأْخِرُونَ سَاعَةً وَلاَ يَسْتَقْدِمُونَ
“When their term is reached, not an hour can they cause delay, nor (an hour) can they advance (it in anticipation).” [Al-A’raaf: 34]نَحْنُ قَدَّرْنَا بَيْنَكُمُ الْمَوْتَ وَمَا نَحْنُ بِمَسْبُوقِينَ
“We have decreed death to be your common lot.” [Al-Waaqi’ah: 60]وَأَنَّهُ هُوَ أَمَاتَ وَأَحْيَا
“That it is He Who caused death and gave life.” [An-Najm: 44]ثُمَّ أَمَاتَهُ فَأَقْبَرَهُ
“Then He caused him to die, and put him in his grave.” [‘Abasa: 21]لَا إِلَهَ إِلَّا هُوَ يُحْيِي وَيُمِيتُ رَبُّكُمْ وَرَبُّ آبَائِكُمُ الْأَوَّلِينَ
“There is no god but He. It is He Who gives life and causes death.” [Ad-Dukhaan: 8]إِنَّ اللّهَ لَهُ مُلْكُ السَّمَاوَاتِ وَالأَرْضِ يُحْيِـي وَيُمِيتُ وَمَا لَكُم مِّن دُونِ اللّهِ مِن وَلِيٍّ وَلاَ نَصِيرٍ
“To Allah belongs the dominion of the heavens and the earth. He gives life and causes death.” [At-Tawbah: 116]كَيْفَ تَكْفُرُونَ بِاللَّهِ وَكُنتُمْ أَمْوَاتاً فَأَحْيَاكُمْ ثُمَّ يُمِيتُكُمْ ثُمَّ يُحْيِيكُمْ ثُمَّ إِلَيْهِ تُرْجَعُونَ
“How can you reject the faith in Allah, seeing that you were without life, and He gave you life; then He caused you to die, and will again bring you to life; and again to Him will you return?” [Al-Baqarah: 28]These aayaat, which, are definitely proved, are of definite meaning that the one who gives life and causes death is Allah (swt). These aayaat ascribed causing death to Allah (swt). This ascription is real (haqeeqee), because ascription, in origin, is real, and it is not averted to metaphor (majaaz) except with an indication (qareenah). Since there is no any indication (qareenah) here to avert the ascription of death from its real meaning, then the meaning of ascription is the action of death, i.e. He is the one who caused the death. Therefore, one must believe that man does not die except if his ajal ended; and that the one who gives life (al-muhyee) and causes death (al-mumeet) is Allah (swt). Whoever does not believe in that is kaafir, because it is disbelief in the definite evidence (ad-daleel al-qat’ee), where rejection of what contained in the definite evidence is considered kufr. Accordingly, whoever denies that death is in the hand of Allah, and that man does not die except when he reaches his ajal, he is definitely kaafir, Allah forbids.
As regards the incidents of killing and the situations from which death results, they are cases (haalaat) in which death occurs, but are not causes (asbaab). So, they are not the cause (sabab) of death; rather the cause of death is the end of life term (intihaa’ ul-ajal). The difference between the cause (sabab) and the case (haalah) is that the cause definitely produces the effect (musabbab), and the effect (musabbab) does not result except from its cause (sabab). Whereas the case (haalah) is a circumstance or a condition in which the matter takes place; however its occurrence in that case is not definite. It might or might not take place; and it might take place in other than that state. Thus, the difference is quite obvious. The one who examines many of the matters from which death takes place, and the one who examines the death itself, becomes convinced that the matters from which death takes place, such as the plague, the cancer, shooting, burning and the like, might take place without causing death. Death might also take place without the occurrence of any of these cases. As an example, a deadly stab might hit a person, and all the doctors agree that the stab is deadly, but the stabbed person does not die; he might even cure of it and recover. While death might occur without a visible reason, such as when the heart of a person suddenly stops beating and he dies immediately, without discovering, after meticulous examination, the type of case in which the heart stopped. There are many of these cases known to the doctors. Hospitals, worldwide, have witnessed thousands of incidents where a matter that usually leads definitely to death took place, but the person did not die. On the other side, death might suddenly take place, without an apparent reason for that. Therefore, all doctors might say there is no hope in the cure of a particular patient according to the medical records, he might however recover, a matter that is beyond our knowledge. They might also say, there is no danger on a particular person, he is healthy, and he passed the point of danger, but he suddenly suffered a relapse and died. All of this is a tangible reality noticed by people and doctors. This indicates that these matters, from which death occurs, are not causes of death. If they had been causes, then death would have not failed to occur, and it would have not occurred without them, i.e. it would have not occurred without a tangible cause. The fact they failed to cause death, even for one time, and the fact that death occurred without them, even for one time, definitely indicates that they are not causes of death. They are rather cases in which death occurs. They are not the true cause of death; rather the cause is definitely something else. This is because the cause must inevitably produces the effect, and it should no fail in doing that. The cases do not do that; so something else must be the cause of death.
The question that arises now is that the mind proved what death usually occurs from it is not cause of death; it is rather one of the cases of death. Accordingly, the cause of death must be something else. Shar’ has proved as well that the cause of death is the end of life term (intihaa’ ul-ajal), and the one who causes death and brings life is Allah (swt). Is not there a rational proof that the end of life term (intihaa’ ul-ajal) is the cause of death? This is because negating of what death occurs from being the cause of death is not enough to prove, by rational proof, that the end of life term is the case of death. Therefore, there must be another rational proof that explains the cause of death.
The answer to this is that the proof of what death occurs of it is a case, and not a cause, is enough to prove there is a cause other than these cases from which death usually occurs. This is because death is an action that inevitably needs a doer, and it is an effect that must have a cause. Since what is suspected to be a cause has been negated, which are the cases from which death occurs, then there must be a cause other than them. Therefore, negating that from which death occurs being a cause of death necessitates there is a cause other than them. Accordingly, negating what death occurs from as a cause of death proves death occurs from other cause. Thus, the mind had proved the presence of a cause other than those thought to be causes of death. As regards the cause is the end of life term, and that the one who gives life and causes death is Allah (swt), the evidence to that is textual (sam’ee), and not rational (‘aqlee), i.e. it is the aayaat, which are definitely proved and of definite meaning, that prove the end of life term as the cause of death, and that the one who gives life and causes death is Allah (swt). Hence, the proof that death occurs by a cause other than the cases from which death occurs is rational evidence proved by mind. However, the evidence that the cause of death is the end of life term is textual (sam’ee) evidence and not rational (‘aqlee) evidence.
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Q&A: Hijra from land of the disbelivers & having an Ameer in Dar al-Kufr?
The following is a translation from Arabic.
Question 1: In origin is it permitted for Muslims to live in the land of the disbelievers as some ahadith indicate that this is prohibited. The Prophet (saw) said in translation, “I am not responsible for any Muslim who stays among polytheists.” They asked: ‘Why, Apostle of Allah?’ He said: ‘Their fires should not be visible to one another’, and he (saw) said, “Whoever joins the polytheists and lives with them then he is like them” and he (saw) said: “Migration will not end until repentance ends, and repentance will not end until the sun rises in the West.” (”Al-Musnad“, Vol.4/99, Abu Dawud, Kitab al-Jihad, Vol.3/7, Hadith 2479, and ad-Darami, Kitab as-Siyyar, Vol.2/239. Albani classifies it as Sahih. See: “Sahih al-Ja’mi’ as-Sagheer”, Vol.6/186, Hadith 7346) How do we understand these evidences?
Answer: The issue of migration.
Texts of mentioned Ahadith are as follows:
«أنا بريء من كل مسلم يقيم بين أظهر المشركين قالوا يا رسول الله ولم؟ قال لا تراءى ناراهما» أبو داود من طريق جرير بن عبد الله رقم (1530، 2274)
“I am not responsible for any Muslim who stays among the Mushrikeen. They asked: Why, Apostle of Allah? He said: Do not take light from their fire.” [Narrated by Jareer bin Abdullah, in Abu Dawood: No. 1530 and 2274]
«لا تنقطع الهجرة ما تُقبلت التوبة، ولا تزال التوبة مقبولةً حتى تطلع الشمس من المغرب» رواه أحمد من طريق معاوية.
“As long as repentance (Taubah) is accepted, hijrah will not cease, and repentance will be accepted until sun rises from the west.” [Reported by Ahmad on the authority of Mu’awiah]
The first Ahadith are regarding staying in dar al kufr when dar al Islam i.e. Khilafah exists.
The Hukm Shar’ai is to migrate from dar al kufr to dar al Islam. One may stay there while hoping to migrate to dar al-Islam or it is forbidden, as the reality may require.
Anyone who cannot declare his deen, or is not free to practice the Ahkam of Islam expected of him, while he stays there, and is in a position to migrate, it becomes obligatory on him to undertake hijrah to dar al Islam.
The evidence for this is the ayah:
“Verily those whom the angels take in death while they are oppressing themselves. They said: ‘In what (situation) were you?’ They reply: ‘We were weak and oppressed in the earth.’ They say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’ For them is the abode of Hell, and what an evil destination!” [TMQ 4:97]
And in addition, the hadith first cited above.
Anyone who can declare his deen, and is free to practice the Ahkam of Islam expected of him, while he stays there, and is in a position to migrate, the hijrah is recommended for him and not obligatory on him to undertake hijrah to dar al Islam.
The evidence for this being the ayaat of hijrah, like:
إن الذين آمنوا والذين هاجروا وجاهدوا
“Those who believe and emigrated and fought in the way of Allah with their lives have greater rank before Allah and those are the successful ones” [TMQ]
By Qareenah, it is established that this request is not decisive for a person who is able to declare his deen in dar al kufr.
This is also indicated in the hadith reported by Ibn Hajr in al-Isabah on the authority of Nu’aim al-Nuham
It is narrated that when Nu’aim al-Nuham intended to emigrate, his people, Banu Adiyy, came and said to him:
“Reside with us and you are upon your deen, and we will prevent anyone intending to harm you. And you will suffice us with whatever you used to suffice us in. He used to supervise the orphans of Banu Adiyy and their widows. So he delayed emigration then emigrated afterwards. The Prophet (saw) said to him: Your people were better to you than my people to me. My people forced me to leave and wanted to kill me, while your people protected you and prevented (harm from reaching) you. He said: O Messenger of Allah, rather your people forced you to leave to the obedience of Allah and fighting His enemies, but my people hindered me from emigration and the obedience of Allah.”
This qareenah (indication) specifies that the order is not decisive for a person who is able (to declare his deen), i.e. the order is a recommendation or mandoob.The hijrah from dar al kufr is haram in the case of a person who is able to declare his deen, carry out the Ahkam of Sharee’ah expected of him, and is in a position, either by himself or with the assistance of his group, to change the status of that dar al kufr to dar al Islam, either by merging it with the Khilafah state or facilitating its opening. It becomes an obligation for him to remain in dar al kufr and his migration from there becomes haram because this amounts to escaping from the obligation of changing the status from dar al kufr to dar al Islam of which he is capable either singularly or with his people.
This is as an overview of the issue of hijrah, for details, refer to Shakhsiyah, Vol. 2 , chapter on migrating from dar al kufr to dar al Islam, pages 266 to 270 of the Arabic edition.
However in the absence of a dar al Islam, it is permitted to stay anywhere, except where a Muslim is either not allowed to perform his deen’s activities freely, like the salah may have been prohibited, etc. or is prohibited from declaring his deen. In such an event he has to migrate to a land where it may be possible for him to act in accordance with the deen.
The above hadith cited regarding the continuation of hijrah, it simply means that hijrah will continue till the day of judgement. When dar al Islam is established, the hukm of hijrah will be applied, it will not be just the first hijrah from Makkah to Madina which was undertaken on the establishment of the first state, but will remain in force at a time when a dar al Islam exists and will be in force as we have explained.
(For details refer to the chapter in Shakhsiyyah Islamiyyah Vol 2 by Sheikh Taqi ud-deen an-Nabhani)
In short, the Ahadith concerning migration from dar al kufr to dar al Islam are linked to the existence of dar al Islam, and the hukm of hijrah remains valid to the day of judgement, so long as a dar al Islam exists, and hijrah is not limited to the first hijrah alone.
Question 2: Is it fard for Muslims living in non-Muslim lands to have an Ameer for themselves, as the hadith seems to indicate: Ahmad narrated on the authority of ‘Abdullah b. Amr that the Messenger of Allah (saw) said in translation: “It is not allowed for three persons (to be) without appointing one of them as an Ameer.”
Answer: The hadith reported by Ahmad on the authority of Abdullah bin ‘Amr:
«لا يحل لثلاثة نفر يكونون بأرض فلاةٍ إلا أمَّروا عليهم أحدهم»
“It is not allowed for three persons (to be) without appointing one of them as an Ameer.”
The hadith means that it is necessary for a group of people gathered on an issue, to appoint one among them as Ameer.Those who have gathered for undertaking a journey, it is on them to appoint one Ameer for the journey.
Those who have gathered for a group (takattul), it is for them to appoint an Ameer for that takattul (structure), etc.
However administering the affairs requires the establishment of ruling (system) in a ma’roof manner. It is for this reason that it is not required of the Muslims living in the land of kuffar to appoint an Ameer on them as the Ameer for administering the affairs is the person with authority, and since these Muslims are living in the lands of kuffar, they cannot have an Ameer.
As for those living in the Muslim lands, it is incumbent upon them to establish the Islamic ruling and for it in accordance with the Ahkam al-Sharee’ah.
For Muslims living in the lands of kuffar, those Ahkam will be applied to them as were applied to the Muslims in Makkah before the establishment of the (Islamic) state in Madina. But while an Islamic state exists, those Ahkam of Islam will be applied as were applicable to the Muslims who remained in Makkah even after formation of the state, i.e. the Ahkam of migration as explained in the answer to the first question.
April 16th, 2007 C.E
____________________The following is a draft translation from the section referred to in the Q&A from the Arabic book Shaksiyyah Islamiyyah (The Islamic Personality) Volume 2:
THE EMIGRATION (HIJRAH) FROM DAR AL-KUFR TO DAR AL-ISLAM
Emigration (hijrah) is leaving from Dar al-Kufr to Dar al-Islam. The Supreme said: “Verily those whom the angels take in death while they are oppressing themselves. They said: ‘In what (situation) were you?’ They reply: ‘We were weak and oppressed in the earth.’ They say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’ For them is the abode of Hell, and what an evil destination!” [TMQ 4:97].
And Abu Dawud narrated via the way of Jareer bin Abdullah from the Prophet (SAW) who said: “I am free from every Muslim residing in the midst of the polytheists. They said: Why, O Messenger of Allah? He said: Do not take light from their fire.” The emigration from Dar al-Kufr to Dar al-Islam remains without termination (inqat’a). As for what Al-Bukhari narrated of his (AS) statement: “No emigration after the conquest of Makkah” and his statement: “No emigration after the conquest” and his statement: “The emigration has terminated but (there remains) jihad and intention.” And what was narrated about Safwan bin Umayya that when he became Muslim, it was said to him there is no deen for the one who does not emigrate so he came to Madinah and the Prophet said to him: ‘What did you come with, O Abu Wahab? He said: It was said there is no deen for the one who does not emigrate. He said: Return, Abu Wahab, to the (abatih) of Makkah. Reside in your residences. Emigration has terminated but (there remains) jihad and intention, and when you are asked to go forth (in jihad) then go forth.” All this is negating emigration after the conquest of Makkah. However this is reasoned with a Shari’ah reason deduced from the hadith itself since his statement: “after the conquest of Makkah” came in a way including reasoning similar to his (AS) statement: “Do not make into wine (tanbadhu) dates and raisins together” (narrated by Abu Dawud). His statement “together” came in a way including reasoning so the reason was the prohibition on making into wine (intibadh). This means that the conquest of Muslim is the reason for negating the emigration which means that the reason revolves around the reasoned (matter) in existence and absence, nor is it specified to Makkah but rather conquering any land by the evidence of another narration “no emigration after conquest.” This is strengthened by what Al-Bukhari narrated from Aisha who was questioned about the emigration and said: “There is no emigration. The believer would flee with his deen to Allah and His Messenger for fear of being persecuted. As for today, Islam has become dominant and the believer worships his Lord wherever he wishes.” This indicates that the emigration was upon the Muslim before the conquest fleeing with his deen fearing he would be persecuted. It was negated after the conquest as he become able to show his deen and perform the rules of Islam. So the conquest which resulted in that became the reason for negating the emigration; nor is it the conquest of Makkah alone. Therefore that means there is no emigration after conquest from the land which was conquered. His (AS) statement to Safwan “it has teminated/ended” means from Makkah after it was conquered since emigration is leaving from the land of disbelievers and the Dar al-Kufr, so if the land is conquered and becomes Dar al-Islam it no longer remains a land of disbelievers or a Dar al-Kufr so emigration no longer remains. Similarly there remains no emigration from all conquered lands. This is strengthened by what Ahmad narrated via the way of Muawiya who said: I heard the Messenger of Allah (SAW) saying: “Emigration will not end as long as repentance is accepted, and repentance will continue being accepted until the sun rises in the west.” Ahmad also narrated that the Prophet (SAW) said: “Emigration will not end as long as there is jihad” and in another narration: “Emigration will not end as long as disbelievers are fought” which indicate that emigration from Dar al-Kufr to Dar al-Islam remains and has not ended. As for the rule of emigration, it is in relation to the one capable of it obligatory in some situation and recommended in other situations. As for the one not capable, verily Allah forgave him and it is not required from him.
That is due to his inability to emigration either due to illness, compulsion to stay or weakness like women, children and their like as came at the end of the ayah of emigration.
Whoever is capable to emigration and unable to show/display his deen nor perform the Islamic rules required of him, then emigration is obligatory upon him due to what came in the ayah of emigration. The Supreme said: “Verily those whom the angels take in death while they are oppressing themselves. They said: ‘In what (situation) were you?’ They reply: ‘We were weak and oppressed in the earth.’ They say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’ For them is the abode of Hell, and what an evil destination!” The information here means the command and it is of the language of request as if He said: Emigrate therein. The request in this ayah is linked with emphasis (ta’keed) and linked with a severe threat upon leaving emigration. So it is a decisive request which indicates that emigration in this situation is obligatory upon the Muslim and he sins if he does not emigrate. As for the one able to emigrate but is capable to manifest his deen and perform the Shar’a rules requested from him, emigration is recommended not obligatory. As for its being recommended, this is because the Messenger (SAW) would encourage the emigration from Makkah before the conquest when it was Dar al-Kufr and there came ayah explicit about that. The Supreme said: “Verily those who believe and those who fought in the way of Allah, those are the ones hoping for the mercy of Allah and Allah is forgiving, merciful” [TMQ ]. And He said: “Those who believe and emigrated and fought in the way of Allah with their lives have greater rank before Allah and those are the successful ones” [TMQ ]. And He said: “As for those who believed and did not emigrate then you have no (wilayah) with them in anything until they emigrate. And if they ask your support in the deen, support is obliged upon you except with a people whom between you and them is a (mithaq)” [TMQ 7: ]. And He said: “Those who believed afterwards and emigrated and fought together with you, those are of you” [TMQ ]. All this is explicit in requesting emigration. As for its not being obligatory, the Messenger (SAW) did consent to those who remained in Makkah of the Muslims. It is narrated that when Nu’aim An-Nahham intended to emigrate his people, Banu Adiyy, came and said to him:
“Reside/Stay with us and you are upon your deen, and we will prevent anyone intending to harm you. And you will suffice us with whatever you used to suffice us in. He used to supervise the orphans of Banu Adiyy and their widows. So he delayed emigration then emigrated afterwards. The Prophet (SAW) said to him: Your people were better to you than my people to me. My people forced me to leave and wanted to kill me, while your people protected you and prevented (harm from reaching) you. He said: O Messenger of Allah, rather your people forced you to leave to the obedience of Allah and fighting His enemies, but my people hindered me from emigration and the obedience of Allah.” All this is in relation to Dar al-Kufr i.e. a land of war as it is irrespective of its residents being Muslims or disbelievers since the rule of the land does not differ according to the residents but rather differs by the system which it rules with and the security by which its people are secured. Accordingly there is no difference between Indonesia and the (Qafqas), or between Somalia and Greece. Except for the one able to manifest his deen and perform the requested Shar’a rules where he is able to change Dar al-Kufr wherein he resided to Dar al-Islam; it is forbidden for him in this situation to emigrate from Dar al-Kufr to Dar al-Islam. This is the same whether he possesses the ability by himself or his group structure (takattul) with the Muslims in his land or by seeking assistance of Muslims outside his land or by cooperation with the Islamic State or any (other) means. It is obligatory upon him to work to make Dar al-Kufr into Dar al-Islam and at that point it is forbidden for him to emigrate from it. The evidence for this is that if there resides disbelievers in the land within which he live and is ruled by kufr, it is obliged upon Muslims to fight its people until they become Muslims or pay the jizyah and be ruled by Islam. This is also obliged upon him in his attribute as a Muslim and in his consideration as one whom the disbelievers are next to and of those who are closer to the enemy. If those residing therein are Muslims and they are ruled by other than Islam i.e. by the system of kufr, it is obliged upon Muslims to fight their rulers until they rule by Islam. This is also obliged upon him in his consideration as one of the Muslims who is ruled by kufr. So in any case, fighting is obliged upon him and preparing for fighting if he is capable of it. The situation of the Muslim who lives in Dar al-Kufr does not go out of one of these two situations, so he is either of those upon whom jihad is obliged against the disbelievers near him or of those upon whom fighting the ruler ruling by kufr is obliged. In these two situations, it is considered that his leaving the Dar al-Kufr which rules by other than Islam i.e. by kufr as fleeing from the jihad from a place wherein it is obliged upon him or fleeing from fighting the one who rules by kufr, both of which are great sins before Allah. Accordingly it is not allowed for the one capable of changing Dar al-Kufr into Dar al-Islam to emigrate from it as long as he possesses the capability to change it into Dar al-Islam; this is the same in Turkey, Spain, Egypt and Albania without difference between them as long as they are ruled by the system of kufr.
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The actual cause of the current judicial crises in Pakistan is the non-Islamic constitution
The actual cause of the current judicial crises is the non-Islamic constitution and the lack of implementation of Islam
Pakistan’s secular constitution is full of un-Islamic articles. One such example is the article 209 of the constitution under which Musharraf has filed the reference against Chief Justice. The source of this current judicial crisis is also this prevailing system and the constitution, which sidelines the divine Ahkam of Allah (swt) and declares the limited human wisdom to be the source and origin of legislation. Had the Islamic laws relating to judiciary been implemented, no such crises would have erupted. According to the current constitution, a common man has to depend on the consent of the President or the Chief Justice to be able to account and start a judicial proceedings against the judges of Supreme Court and High Courts, who then by their own wishes may or may not send a reference to the Supreme Judicial Council (SJC) for inquiry. Moreover, the proceedings are held in-camera (closed doors) and the masses cannot witness it. Whereas, in the Khilafah’s judicial system; the process of accountability is very simple, quick and transparent. In Islam there are no sacred cows and absolutely no one is above the law. In Islam, accountability process is same for a ruler, a judge or a government functionary. Hence a person does not need any specific permission or ruler’s reference to legally account them or initiate a legal hearing. Rather a person can go to any Qadi Madhalim directly and file a case against another Judge, a government functionary or a ruler and thereby account him. Consequently, the ruler does not become a party to the case nor fingers are pointed towards them. As for the issue of in-camera (closed door) proceedings, it is also against the Islamic laws. Since the proceedings in issues related to unwarranted use of authority and corruption are held in open court and the masses and the media are free to witness it. As the people do not trust the government, there is allot of anxiety and scepticism regarding the proceedings. Another idiocy of the current system is that the Supreme Judicial Council does not have the mandate of a court nor its decision is binding on the President. What more of a mockery can there be of a judicial process. In Islam the courts are completely independent in their decision and even the Khaleefah can not change their decisions nor does any other court has the authority to change the judgments based on its interpretations. Moreover, according to the current Pakistani law, if an FIR (First Information Report) is registered against any accused he is to be thrown in jail under the guise of judicial remand and if he does not possess the means to arrange for the bail-bond he has to spend years after years behind bars irrespective of the fact whether the FIR was factual or based on a lie. In Islam, an accused cannot be sent behind bars merely on suspicion. Consequently, the mistreatment of Chief Justice was in fact due to the same corrupted mindset where an accused is almost a guilty person and mistreating him is not a big deal. During the current crises the Chief Justice must also have fully realised by his personal experience how barbaric and cruel Kufr law he had been implementing over the people for years! People have full cognises of the fact that even if the Chief Justice is made functional once again, no relief for the oppressed masses can be expected. This can be said with conviction because the same oppressive system was implemented in the past and the Chief Justice never declared it un-Islamic or unconstitutional. Musharraf government wishes to crush every dissenting voice and even the weakest opposition through brutal commando action. Our problems will never be solved and the Ummah will continue to face one crisis after another until Islam is implemented comprehensively. The need of the hour is that we establish a Khilafah, which would implement Islam in totality. Only in this scenario, the problems of the masses will be solved and the Ummah will rise again with strength and power.
19th March 2007 -
The Concept of the State in Islam
Translated from Arabic distributed widely in the Muslim world 13th Thil-Qi’dah 1415h, 13th April 1995.
The Islamic state
In Arabic, the word Al Dawlah means linguistically the “Ghalaba”, i.e. the supremacy, it is also a term used to indicate the change of time; it is also said: The days have alternated or rotated, i.e. they have changed; or Allah (swt) alternates it between people etc. States change and vary according to the change of concepts, the change of times and the change of peoples. The State is a word of terminology which refers to an authority that commands and prohibits a group of people who live in a certain piece of land. However, the definition of the state differs due to the difference of viewpoints and nations towards its reality.
The westerners for instance, despite the different viewpoints they hold towards the reality of the state and towards the type of rule within the state, whether this were religious, as was the case in the medieval times, or dictatorial or democratic, all agree that the state is reflected in the land, its peoples and its rulers, and that these three represent the cornerstones of the state. To them, the state is established over a specific peace of land, in which a specific group of people live permanently, and over whom a ruling authority presides.
As for the Islamic state, it is a ruling authority, and a political entity that looks after the citizens’ affairs according to the Shari’ah rules; in other words, it is a Khaleefah ruling by what Allah (swt) has revealed and carrying Islam as a Message to the entire world. Allah (swt) has decreed that the Islamic state should be the method to implement the Shari’ah rules and to carry Islam by way of Da’awa and Jihad as a Message of guidance and light to the whole world.
The Islamic state does not consider its territory, nor its specific group of people as her cornerstones, although she has to have citizens for whom she runs their affairs, and a piece of land on which she is established; however, her citizens are growing in numbers at all times, and they include different races and colours; also the land over which she rules must not be confined within certain borders, but it must be expanding at all times. This is so because the Islamic state has a universal Message, and because Allah (swt) has ordered her to carry that Message to the whole world, and to invite all people, be they black, white, brown, yellow, Arab, non-Arab, European, American or Russian to Islam, and to enter into the Deen of Allah (swt). Therefore, any race and any people, who respond to the call, and believe in Islam, would become part of the state’s subjects, and their land becomes part of her land. Also, any land which the Islamic state carries the Message to and conquers by way of Jihad, that land becomes part of her land and under her authority and her rule, even if its people did not embrace Islam.
The state as it stands, is born out of new thoughts on which it bases itself; the authority in the state changes when these thoughts change once power is seized. For when the thoughts turn into concepts and convictions, one’s behaviour is affected, and he becomes fashioned by these concepts, thus his viewpoint vis-a-vis life would change, and consequently his viewpoint towards relationships and interests change as well. The authority is established in order to look after the people’s affairs, relationships and interests.
The Islamic state was established by the Messenger of Allah (saw) as soon as he set foot in Madinah, after he had taken the second pledge (Baya’a) of Al-Aqaba from the Ansar, a pledge of protection and war, and a pledge to hand the authority in Madinah to the Messenger of Allah (saw). The birth of the Islamic state was the result of a new Aqeeda and a host of new concepts adopted by those who believed in him (saw); these concepts generated in his followers a new viewpoint about life, which in turn changed their viewpoint towards relationships and interests.
The Messenger of Allah (saw) built the Islamic state in Madinah on the basis of this Aqeeda, and on the concepts which emanated from it, despite the fact that the verses of legislation had not been revealed yet. She was therefore a new state, built on a new Aqeeda, and on a host of new thoughts and concepts.
The Islamic state is unique in her nature, her structure, what she stands for and the basis on which she is built. She is completely different from the nature and the structure of all the existing states in the world. She is a state founded on the Islamic Aqeeda, the Aqeeda of “There is no god but Allah, Muhammad is the Messenger of Allah”, which is a comprehensive thought about life, and according to which and to the concepts which emanated from it, the Muslims viewpoint about life has been determined; this viewpoint leads to the belief that life is created by a Creator, and that it is conducted by the commands and prohibitions of the Creator. For the Muslims, it is a foregone conclusion that there is no legislator but Allah (swt),and that there is no sovereignty in this life and in this Islamic state except to the rule of Allah (swt), not to the Ummah, nor the people, nor the ruler. Sovereignty is rather to the law of Allah alone.
Therefore, the Ummah and the ruler alike, have no mandatory powers to legislate any rule or any system or any law other than that revealed by Allah (swt) upon His Messenger (saw). Even if the Ummah were to commonly consent on legislating any rule that contradicts one of the Islamic rules, her consent would have no value whatsoever. So, if for instance, the Ummah were to consent on legalising Usury, under the pretext that the economy and the trade could not prosper without it, or if the Ummah were to consent on legitimising sexual relationships outside marriage, under the pretext that it is personal freedom, or if she were to prohibit the killing of the apostate from Islam, under the pretext that his killing would violate human rights, or if the state was to consent to have more than one doctrine or belief as a state or the succession to power of Muslims or even secular parties under the pretext of democracy, all these types of common consensus, if they ever took place, wouldn’t have any consideration whatsoever, for they contradict the Islamic rules, the sovereignty of Shari’ah, and the belief that Allah is The Only Legislator, and not humans.
The fact that the Islamic Aqeeda acts as the basis of the Islamic state, means that there is no place for anyone, be they rulers, judges, intellectuals, politicians, members of the Shura council, Ummahs council or parliamentarians to legislate any rule in order to organise people’s relationships, nor to adopt a constitution, or to adopt a system, or enact a state law to be implemented by the rulers in the Islamic state, if these were other than what Allah (swt) has revealed. It is also forbidden for the rulers to force people or even give them a choice in following systems and laws laid down by humans in order to run their affairs.
When the Khaleefah according to his mandatory powers adopts a constitution or a system or a law, he must take these from the Book of Allah (swt) and the Sunnah of His Messenger (saw), by way of either his own Ijtihad (exertion) or that of the Muslim jurisprudents and learned scholars. This necessitates that the Islamic state’s constitution, her systems and laws be taken from what Allah (swt) revealed to His Messenger (saw), i.e. taken from the Book of Allah and the Sunnah of His Messenger, and what they may guide to from the Qiyas (analogy made on Shari’ah texts) and the general consensus of the Sahaba.
It is therefore forbidden for the Islamic state to nurse any thought or to hold any concept, rule, constitution, law, or any criterion which does not emanate from the Islamic Aqeeda, and which is not derived from the Book of Allah and the Sunnah of His Messenger, or from a legitimate Qiyas or from the general consensus of the Sahaba. So it is therefore forbidden for the Islamic state to adopt the democratic way of life and the ruling systems democracy calls for, such as a multiplicity of beliefs, the succession to power of Muslims or those of secular belief, or the various types of freedoms, for all these do not emanate from the Islamic Aqeeda, nor are they taken from the Shari’ah rules, apart from the fact that they all contradict the Islamic rules. It is forbidden as well to have in the Islamic state any consideration to the concepts of nationalism, patriotism or autonomy (separation), because these concepts do not emanate from the Islamic aqeeda, and they all contradict Shari’ah rules, apart from the fact that the Islamic rules have abhorred and prohibited them and warned against adopting them. Furthermore, it is forbidden for the Islamic state to hold any monarchical, republican, dictatorial imperial concepts, for these do not emanate from the Islamic Aqeeda, and they are not taken from the Shari’ah rules, beside the fact that they contradict the Shari’ah rules.
Allah (swt) has commanded all the Muslims, including the rulers, to abide by Islam and to comprehensively implement all of its rules exactly as they have been revealed; Allah (swt) says:
“Do take all that the Messenger of Allah has brought to you, and do refrain and keep away from all that he prohibited for you, and fear Allah for Allah is swift in punishment” [TMQ 59:7]
The Arabic word “Ma” in the verse is a form of generality, thus it indicates the obligation of acting upon all the duties, and to refrain from all the prohibitions. The request of taking and refraining in the verse is decisive and it is obligatory, because there is a conjunction acting as evidence about this at the end of the verse where Allah (swt) orders us to be pious and warns us against the severe punishment awaiting those who do not take all that the Messenger (saw) has brought and do not refrain from all that he (saw) prohibited.
Allah (swt) has also ordered His Messenger (saw) to rule by what He revealed; He (swt) says:
“And rule between them by what Allah has revealed” [TMQ 5:49]
This is a decisive command from Allah (swt) to His Messenger and to all the Muslim rulers after him, to rule by all the rules that He (swt) has revealed, whether these were commands or prohibitions, for again the word “Ma”” in the verse indicates the form of generality, thus it engulfs all the revealed rules.
Allah (swt) has also forbidden His Messenger, as well as all the Muslim rulers after him, from following people’s whims and submitting to their desires, for He (swt) says:
“And do not follow their vain desires” [TMQ 5:49]
He (swt) has also warned His Messenger (saw) and all the rulers after him against falling for people’s corruption and against being lured away from implementing what Allah (swt) has revealed to him. Allah (swt)has described he who rules by other than what He revealed as being a disbeliever if he were to believe in what he ruled by, or if he were to believe in the invalidity of what Allah (swt) has revealed. He (swt) says:
“And whoever does not rule by what Allah has revealed, they are the disbelievers” [TMQ 5:44]
He (swt) described he who rules by other than what He revealed, without believing in what he rules by, as a fasiq (rebel) and dhalim (wrongdoer).
The implementation of the Islamic rules must be complete, comprehensive and simultaneous, not gradual, for the gradual implementation flagrantly contradicts the Islamic rules, and this would render he who does not implement all of Allah’s rules, or he who implements some and ignores some of the rules, a disbeliever if he did not believe in the validity of Islam, or if he did not believe in the validity of even some of the Shari’ah rules which he had ignored; it would also render him a rebel and a wrongdoer if he were not implementing all of the Islamic rules but he still believed in the validity of implementing Islam.
Therefore, there should be no complacency in the implementation of all the Shari’ah rules, nor should there be any gradual implementation of the rules, for there is no difference between one obligation and another, nor is there a difference between a prohibition and another, nor between a rule and another; the rules of Allah (swt) are equal and they must all be all implemented without any delay, postponement or graduation, otherwise the following verse would apply to those who do so. Allah (swt) says:
“So do you believe in some part of the Book and disbelieve in some. The penalty awaiting those who do this is nothing but humiliation in this life and the severest of punishment on the day of Judgement. For Allah is aware of all you do” [TMQ 2:85]
Therefore, there is no excuse for not implementing all of the rules of Islam; pretexts such as the inability to implement the Islamic rules, or the absence of the appropriate circumstances, or the fact that the world public opinion is against the implementation of Shari’ah, or that the superpowers do not allow us to implement it, or any other trivial excuses that have no value whatsoever, are unacceptable.
The Islamic state is a human state and not a holy one, and the Khulafa’ and Imams who run her are human beings, they have no holiness nor infallibility. It is the Ummah who appoints them and not Allah (swt), for Allah has ordained the authority i.e. the rule to the Ummah, and He (swt) has delegated the appointment of the Khaleefah to her by the Baya’a (pledge of allegiance), so that he undertakes the rule and the authority on her behalf. Abdullah Ibn Amr Ibnul A’as reported: I heard the Messenger of Allah(saw) say: “Whoso pledged allegiance to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as much as he can.” Abdullah Ibnu Omar reported: I heard the Messenger of Allah (saw) say: “And whoso dies while there was no allegiance on his neck dies a death of the days of ignorance.” The Khaleefah implements the Shari’ah rules on behalf of the Ummah, and he who resumes the post of the Khaleefah would be entrusted with all the mandatory powers of rule and authority, and he would reserve the right to adopt the systems, laws and rules. He who undertakes the post of Khaleefah would merely be a human, it is possible that he could err, forget, lie, betray or rebel, he would not be infallible, for infallibility is exclusive to the Prophets and Messengers.
The Messenger of Allah (saw) has informed us that the Imam, who is the Khaleefah, can make mistakes, and he could commit an injustice or a sin, which would make people hate him for it, or curse him; he (saw) informed us that he may commit flagrant disbelief. All this contradicts infallibility and negates that the Imam and Khaleefah could be infallible. Muslim reported on the authority of Abu Hurayra that the Messenger of Allah (saw) said: “Behold, the Imam is but a shield from behind which people fight and by which they protect themselves”. Muslim also reported on the authority of Auf Ibnu Malik that the Messenger of Allah(saw) said: “The best of your Imams are those whom you love and they love you, and who pray for you and you pray for them, and the worst of your Imams are those whom you hate and they hate you and you curse them and they curse you”. Bukhari also reported on the authority of Ubada Ibnus-Samit who said: The Messenger of Allah (saw) called upon us so we gave him the pledge of allegiance. We pledge ourselves to him in complete obedience, in well and woe, in ease and hardship in preference over ourselves, and that we would not dispute with the people in authority; and he (saw) said: “Unless you witness an act of flagrant disbelief of which you have proof from Allah.” These Ahadith serve as a clear indication that the Imam or the Khaleefah can make mistakes, and he can commit a sin, which indicates clearly that the Imam or the Khaleefah are not infallible.
Therefore, Allah (swt) has ordered the Muslims to hold the ruler accountable; this He (swt) made their right, for the ruler has no holiness, and no infallibility, and because he may make mistakes, and he may commit a sin and even acts of disbelief, despite the fact that he is their representative in rule and authority, and despite the fact that it is them who appoint him.
Allah (swt) says:
“And let there arise out of you a group calling to the Goodness, commanding what is right and forbidding what is evil.” [TMQ 3:104]
When the Messenger of Allah (saw) was asked: What is the best Jihad? He (saw) replied: “A word of truth uttered before a tyrant man of authority.” He (saw) also said: “The master of martyrs is Hamza Ibnu Abdul-Muttalib, and a man who stood up to a tyrant Imam to command him and prohibit him and was killed.” In the Sunan (book of Hadith) of Abu Dawood on the authority of Abdullah Ibnu Mas’ud, the Messenger of Allah (saw) is reported to have said: “No by Allah, you shall command what is right and forbid what is evil, and you shall hold the hand of the oppressor and you shall curb him and confine him to following the truth.” In another narration of Ibnu Mas’ud’s Hadith he (saw) added: “Or Allah shall strike animosity between your hearts and then He shall curse you just like He cursed them.”
Islam commands us in some cases to go further than just holding the ruler accountable with our tongues, it commands us to take-up arms against the Khaleefah if he showed acts of flagrant disbelief that was not there in the first instance, as mentioned in the narration of Ubada Ibnus-Samit: “And that we shall not dispute with the people in authority”; and he (saw) said: “Unless you witness an act of flagrant disbelief of which you have proof from Allah.”
O Muslims, this is the Islamic state which Allah (swt) has commanded all the Muslims to establish, and which we invite you to work with us towards establishing, in order to bring about a “Khilafah Rashida” on the method of Prophethood, and realise the goodness in which the Messenger of Allah (saw) said: “And then it will be a Khilafah Rashida on the method of Prophethood”
Hizb ut-Tahrir
13th April 1995 -
The importance of thinking about death
The following is a translated article from Arabic that appeared in al-Waie Magazine.
The rising of the sun reminds of Sakhr, I remember him at every sunset, If it were not for the number of those weeping around me, for their brothers, I surely would have killed myself, they do not cry for anyone as dear as my brother, but I console myself by weeping for him, for I have said farewell to the day we separated, father of Hassan, with it my pleasures and happiness, how my sorrows go out to him and my mother, for him to awake in his grave and then to rest at night?
With these phrases and others like them, Al-Khansaa’ mourned the death of her brother, Sakhr, and cried for him until she lost her eye-sight, falling into anguish, disparity and wishing for death. This is how Al-Khansaa’ saw death and this is how she handled it. In the battle of Al-Qadisiyyah, in an honourable stance of life and death, Al-Khansaa’ stood with her four sons and said to them: “You became Muslim and did not apostatise, and you emigrated and did not turn back, then you came to your old mother and placed her in the hands of the people of Persia. You are the sons of one man, as you are the sons of one woman. I did not betray your father, nor did I disgrace your uncle. Go, and be witnesses of the battle from the beginning to its very end.” All four of her sons were martyred, and when the news reached her she said her famous words: “All praise be to Allah, who honoured me with their death. I ask Him, glory be to He, to join me together with them, in the dwellings of his mercy.”
What changed the picture of death in the eyes of Al-Khansaa’ from ignorance to Islam? Was honour sought from the death of her sons after losing her eyesight due to her crying over the death of her brother? And after the anxiety of death, prayers of meeting them in paradise were made? What change of heart and mind is this? What change is this that can change a human being from one life to another, and from one point of view to another? It is Islam, with its Aqeeda, which made death for a Muslim the meeting of Allah (swt). He (swt) said “Among the Believers are men who have been true to their Covenant with Allah: of them some have fulfilled their obligations, and some of them are still waiting: but they have never changed (their determination) in the least” [Al-Ahzab: 23]. There are the ones who wait and those who were truthful to the promise they made to Allah (swt), but their time has not come yet, so they wait. There are the ones who wait, yes! Waiting as if they are living in this world, remaining patient over it and waiting for their Ajal (decree of death) to come, for them to catch up to their companions, and to meet the countenance of their Lord; and why not wait when they were the ones who were truthful to the promise they made to Allah (swt), and Allah (swt) confirmed this for them and those like them, that they would not turn back and change their determination, so they were the ones who did not turn back and change. Of them are those who have moved on, their Ajal having ended, and there are those who wait for its coming, and prepare them-selves for it. Those who have not prepared for this meeting do not wait for it: “Say: The Death from which you flee will truly overtake you: then will you be sent back to the Knower of all things secret and open: and He will tell you (the truth of) the things that you did!” [Al-Jumu’a:8]. So the one who runs away from death, either does not believe in the meeting of Allah (swt) and wishes to seek the greatest amount of pleasure in this world for as long as he can, and Allah (swt) said, “Until, when death comes to one of them, he says: “O my Lord! Send me back (to life), in order that I may do good in that which I have left behind!” – No! It is but a word that he speaks; and behind them is a Partition until the Day they are raised up. Then when the Trumpet is blown, there will be no more kinship among them that day, nor will they ask of one another! Then those whose scales (of good deeds) are heavy, they are the successful. And those whose scales (of good deeds) are light, they are those who lose their ownselves; in Hell will they abide” [Al-Mu’minun: 99-103], or he is a Believer who is weak in his remembrance of Allah (swt) and the Day of Judgement, thus is heedless of the Akhirah (afterlife), too busy with his world, so when death comes to him, he becomes regretful and sorrowful: “Of no effect is the repentance of those who continue to do evil deeds, until death faces one of them, and he says: “Now I repent” nor of those who die while they are disbelievers. For them have we prepared a painful torment” [An-Nisa: 18]. It was narrated that when death approached Abdul-Malik b. Marwan, he looked to a man washing his clothes near Damascus, twisting his clothes, then slapping them against his washing basin, when Abdul-Malik said: “How I wish that I were a cleaner, eating from the earnings of what my hands have earned day after day, not having desired anything in this world.” When this reached Abu Hazim, he said: “All praise be to Allah, who made them wish for what we have when death approaches them, and when death approaches us, we do not wish for what they have.”
Dear brothers and sisters: Belief in that the ending of Ajal is the cause of death is a necessity that cannot be separated from it, causing one to be wary of death every second of every moment, and what follows this wariness of readiness and preparation is in line with the belief in the Akhirah, whose doors open upon death, where there is no more work, or Jihad or carrying of the Da’wa. The Messenger of Allah (saw) said to Abdullah b.Umar (ra), “If you awoke in the morning, do not speak to yourself of the evening, and if you reach the evening, do not speak to yourself of the morning. Take from your life for your death, and from your health for your illness, as you, oh Abdullah, do not know what your name will be tomorrow” [Bukhari]. The Messenger of Allah (saw) said, “The clever one is he who disciplined himself and worked for what is after death, and the feeble one is he who followed his desires, then made (vain) prayers to Allah”. And in the Sahih (authenticated) narration of when Jibreel (as) asked the Messenger (saw) about Ihsan, he (saw) said, “To worship Allah as if you see him, and if you do not see him, then he surely sees you”. Belief in death is worthless without the belief in the Akhirah, for death is the beginning of the path to the Akhirah; the everlasting life, the life where fate is decided; either complete bliss, or severe punishment. So whoever feared death and believed that its cause is the ending of Ajal, but did not carefully guard and account himself and did not imagine the Akhirah in a manner that prepares him to travel to it at any moment, will find no effect of his Iman upon his actions in this world, and if he is affected, then this will add up to no more that a few quick moments of guilt, without being followed up with careful guarding and accounting, thus he will very quickly go back to his old ways of disobeying Allah (swt) after the effects of what he saw heard or what reminded him wear off. ‘Uthman bin ‘Affan (ra), in the last Khutba he gave in his life, said: “Allah (swt) gave you this world to request the Akhirah, and did not give it to you for you to rely upon, for this world ends and Akhirah is everlasting. So let not that which ends make you disregardful, nor keep you busy from that which lasts. Choose to seek that which lasts over that which ends, for this world will be cut off and our return is to Allah.” Death reminds us of Akhirah, and there is no better reminder. The Messenger of Allah (saw) said, “Increase the remembrance of that which destroys all desires” [Al Tirmidhi and said the Hadith is Hasan]. And he (saw) said, “If animals knew what the sons of Adam knew of death, you would not have found any fat on them to eat” [Al Baihaqi in “Al Sha’ab”]. Ibn ‘Umar (ra) said, “I came to the Prophet (saw), and I was the tenth of ten men, when a man from the Ansar asked: Who is the most clever and the most honourable of people, Oh Messenger of Allah? He (saw) replied: “Those who remember death the most and work the hardest to prepare for it; they are the clever ones. They have left with the honour of this world and the dignity of the Akhirah” [Ibn Majah (Summarised version) and Ibn Abi Al Dunya (Complete version) – Good chain of narrators].
‘Umar b Abdul Aziz (ra), in one of his Khutbas said, “Doubtlessly, for every travel provisions must be made, so provide for your travel to Akhirah with Taqwa (fear of Allah), and be like those who examined what Allah has prepared of rewards and punishments, so that you may desire and fear. And do not delay, as your heart may harden and you may be led to your enemy, for, by Allah, there is no-one who has more expectations than the one who is unaware that he may not awake after he goes to bed, or go to bed after he awakes, even though he may find glimpses of the fate of death between them. How many people have you and I seen in this world who walk about arrogantly, but only those who are confident of their being saved from the Hellfire will have their hearts at ease, and only those who have been protected from the tribulations of the Day of Judgement can be happy, for the one who does not nurture his wounds will only be cut once again from another direction, so how could he be happy? I seek refuge in Allah that I order you to do what I do not order myself, so that I lose my deal (with Allah), and my shame will show, and my weakness will be laid bare on the day that the rich and the poor will be made to show all, and the scales in it are set up. You have been burdened with a task, if the stars were bur-dened with it, they surely would have fallen, and if the mountains were burdened with it, they surely would have melted away, and if the earth was burdened with it, it surely would have been torn to pieces.”
Every night ‘Umar b. Abdul Aziz (ra) would gather the Fuqahaa’ and remember death and the Day of Judgement and the Akhirah, and they would cry as if a funeral was before them. And it was said that if death were to be mentioned around him, he would shiver like a bird and cry until tears would run down his beard, once cry-ing making the whole house cry with him, and when the moment passed, his wife Fatima asked him: “May my father be sacrificed for you, oh Amir of the Believers, why do you cry?” He said: “I imagined the departure of the people from between the hands of Allah, and saw a group in Paradise and a group in the Hellfire.” Then he cried out and fainted. Death reminds us of the Akhirah, and involves much reminding and careful examination. Al-Hassan (ra) entered a room where a man was reading Qur’an to himself, and said: “The first of this matter (life) is made proper when its end is feared, and the end of this matter is made proper when its first is renounced.” Whoever imagines that his Akhirah may come at any moment must prepare for it the best he can. When Ahmed b. Khadhrawiyyah neared death, he said to his son: “My son, a door that I have been knocking at for 95 years is about to be opened upon me this hour, and I do not know if it holds for me happiness or misery.” And it was narrated that one of the pious Muslims was approaching his death and his wife began crying, so he asked her: “What makes you cry?” She said: “I cry for you.” He said: “If you wish to cry, then cry for your-self, for I have cried over this day for 40 years.” Do you see, my brothers, how it is if you have a long journey ahead! Would you disregard preparing for it and making yourself ready? If you did this, then you fall under one of these two categories: Either you do not really care about the trip, nor worry about it, nor do you give it any value whatsoever; or you are heed-less, as time means nothing to you. Death is a reality which we all believe in its coming, a belief that meets no doubt whatsoever. And at every passing day we come one day closer to death. So whoever reaches thirty years of age has come thirty years closer to death, and who-ever reaches sixty years of age has come sixty years closer to death, and so on. Who amongst us has prepared to travel at any moment… now… or in a short while… or tomorrow… or after it…? You only have two types of breath, one inhaling and one exhaling, and you do not know which one will take out your soul. Oh, Allah, we beg for your mercy and for peace on the day that we meet you.
Death is a reminder, which is followed by careful accounting and guarding, as Al-Rabee’ b. Khaytham had dug a grave in his house, so that if he found hardness within his heart, he would enter it and lay down for as long as Allah wished and read: “O my Lord! Send me back (to life) in order that I may work righteousness in the things I neglected” repeating it, then he would reply to himself saying: “Oh, Rabee’, here, you have been returned, so work.” Remembrance is not crying and wailing and blaming one’s self when one is on the brink of death, or attending a funeral or visiting graves alone. Rather, remembrance of death is when a believer imagines that he will meet his Lord at any moment, and his actions will be cut off, as will his ability for repentance. So he will be aware of himself, careful to obey Allah (swt), wary of his Lord every second of his life. Anas (ra) said: I overheard ‘Umar b. Al-Khattab (ra) as he entered upset, and there was a barrier between us, saying: “Oh, ‘Umar b. Al-Khattab, Amir of the Believers, bravo! By Allah, Oh, son of Al-Khattab, you better fear Allah, or he will punish you.” And Abu Bakr Al-Siddiq (ra) said: “Whoever detests himself before Allah (swt), Allah will protect him from His anger.” Accounting one’s self and guarding it from mistakes is how a believer saves himself from the punishment of Allah (swt), preparing himself so that he may meet Allah (swt) obedient and in submission, committing himself to what Allah has ordered him, not getting tired, or compromising or giving up, rather treading the path of Allah (swt), withstanding the trials of the world and its disasters, renouncing what the created have to offer, seeking what the Creator has to give.
The Messenger of Allah (saw) read the verse: “Those whom Allah (in His plan) wishes to guide, He opens their breast to Islam.” [Al-An’am:125] and said: “If the Nur (light) enters into the breast, it widens.” Then someone asked: Is there a visible sign of that, Oh, Messenger of Allah? He said: “Yes, increased renunciation of the dwelling of vanities (Dar Al-Ghurur), and the desire for the everlasting dwelling (Dar Al-Khulud), and preparation for death before its’ time.” [Al Haakim in “Al Mustadrik”] And Al-Saddi (ra) said: “He (is the one) who created Death and Life, that He may try which of you is best in deed” [Al-Mulk: 2], meaning those of you who remember death the most, and the best of you in preparation, and who are most cautious and fearful of it. Have you, my dear brother or sister, examined what Allah (swt) has enjoined upon you, firstly, as a Muslim and secondly, as a carrier of the Da’wa? Have you asked yourself if you have put forth the deserved effort, or have you been negligent in its undertaking? Have you realised that you are of the most burdened, and of the most responsible, and you are the most needy of people, in this day and age, of accounting yourself and subduing it to what Allah (swt) has enjoined upon it of actions, and to what your back has been burdened with of responsibilities?
Have you realised, my brother, as you contemplate death, and remember the Akhirah, and cry, fearing the punishment of the Hellfire, and work, desiring the pleasures of Paradise; have you realised that what you have of enlightened thought, and precise understanding, and sincere awareness will not make you an oblivious Sufi or an ignorant Darweesh, or someone stuck in a corner with only the pillars and corners of Islam, crying and moaning? No, and it is not acceptable of you to do so, either. Rather you should be a carrier of the Da’wa, who sold his soul to Allah (swt), a political leader who cries upon hearing an Ayah, and a special moment can agitate his emotions.
Did you not know that the Messenger of Allah (saw) was the most fearful of the people, and cried the most? Abu Bakr Al-Siddiq (ra) once said to him: “Your hair has become grey, Oh, Messenger of Allah.” So he (saw) said: “[Surah] Hud and its sisters have made my hair grey: Al-Waqi’a, ‘Amma Yatasaa’alun and Itha Al-Shamsu Kuwwirat.” And it was narrated by Ibn Najjar, of Ibn ‘Umar that the Messenger of Allah (saw) overheard a reader reading: “With Us are Fetters (to bind them), and a Fire (to burn them)” [Al-Muzammil: 12] and he (saw) fainted. And it was narrated that when he (saw) was travelling to Makkah to liberate it, and the Muslims were fully prepared and armed, he (saw) saw a lark flying above his head, crying out, so he (saw) cried and said, “Who upset her by taking away her son? Give back her child.” When Allah revealed, “Do you then wonder at this recital? And will you laugh and not weep?” [An-Najm: 59-60] the people of Al-Suffa cried until the tears ran down their face, and when the Messenger (saw) heard this, he cried with them, causing the rest of the Companions to cry along with him, then he (saw) said, “The one who cries from fear of Allah will not be made to walk through the fire, and the one who insists on disobedience will not enter Paradise, and if you did not commit sins, Allah would bring another people who would commit sins, so that he may forgive them” [Al Baihaqi].
Did you not know that ‘Umar b. Al-Khattab (ra), due to his strong stance upon the truth and his nerve, as well as the strength of his courage, would drop at the hearing of an Ayah and would be streaming tears whenever he was reminded of the afterlife; and on his ring he had engraved: “Death is enough of a reminder, oh Umar”. Did you not know that one of the Companions said of Abu Bakr Al-Siddiq, “If you saw him as he was preparing the armies, you would think that he does not depend on Allah whatsoever, and if you saw him as he prayed profusely to Allah for victory, crying and weeping, you would say: This man has not prepared a single thing, at all.” Have you not heard the saying of Allah (swt), describing the best of His creation, “Muhammad is the Messenger of Allah; and those who are with him are severe against disbelievers, and merciful amongst each other. You see them bowing and falling down prostrate (in prayer) seeking bounty from Allah and (His) Good Pleasure. On their faces are their (visible) marks, (being) the traces of their prostration. This is their description in the Taurat; and their description in the Injeel: is like a (sown) seed which sends forth its blade, then makes it strong; it then becomes thick, and it stands straight on its own stem, (filling) the sowers with wonder and delight, that it may enrage the disbelievers with them. Allah has promised those among them who believe and do righteous deeds, forgiveness, and a mighty reward.” [Al-Fath: 29] These are the leaders who established Islam and fought in the way of Allah (swt) until they met their Lord. As Ali bin Abi Talib (ra) said, describing them: “By Allah, I have seen the companions of Muhammad (saw), and I do not see anyone here today any-thing like them. They would awake ruffled and dirty, between their eyes what is similar to those who ride goats, for they have spent the night prostrating and praying, reading the book of Allah (swt), moving from their face to their feet, and when they awoke, they would mention Allah, the Most High, swaying like a tree would on a windy day. Their eyes have cried until their clothes have been soaked, and by Allah, it was as if that evening the people had been put to sleep.”
Abu ‘Ubaydah Al-Baji said: “We entered upon Al-Hassan while he was ill, the illness which he died from, and he said: Greetings to you and welcome. May Allah greet you with peace, and may He make the everlasting dwelling (Paradise) lawful for you and I, if you are patient, and truthful and god-fearing. So do not make your share of this information, may Allah have mercy upon you, that you take it in one ear, while it goes out the other, for whoever saw Muhammed (saw), saw him coming and going, and he did not simply lay brick upon brick, or straw upon straw, rather knowledge was raised up to him, so he embarked upon it. Al-Wahi, Al-Wahi (the revelation, the revelation), to be delivered, to be delivered. Allah has blessed a slave with his mercy who lived life as it were once, so he ate little, and wore tattered rags, stuck to earth and exhausted himself in worship, crying when he made a mistake, fleeing from punishment and seeking His mercy, until his time comes and he is in that state.” [Ibn Habban in “Al Thuqaat” and Abu Na’eem in “Al Hilya”]
This world, brothers and sisters, and what it has of pleasures and trials can make a Believer busy, no matter how measly the pleasures, and how insignificant the trials. They will keep him busy if he accepted them, and allowed them to keep him busy. Allah (swt) says, “Know that the life of this world is but play and amusement, pomp and mutual boasting and multiplying, (in rivalry) among yourselves, riches and children. It is as the likeness of vegetation after rain thereof the growth is pleasing to the tillers; soon it withers; then you will see it grow yellow; then it becomes dry and crumbles away. But in the Hereafter is a severe torment (for the disbelievers – evildoers). And forgive-ness from Allah and (His) Good Pleasure (for the believers – good doers). And what is the life of this world, but a deceiving enjoyment? Race one another (in seeking) Forgiveness from your Lord, and a Garden (of Bliss), the width whereof is as the width of heaven and earth, prepared for those who believe in Allah and His Messengers: that is the Grace of Allah, which He bestows on whom He pleases: and Allah is the Lord of Grace abounding.” [Al-Hadid: 20-21]
Death is no more than the truthful companion who continues to remind the Believer of his Akhirah, and as long as a Believer remembers his Akhirah and acts accordingly, then he is heading in a good direction and he will live his life in a state of remembrance and preparation for it. This is why the Messenger of Allah (saw) stressed the remembrance of death and to pre-pare for it, as he stressed the visiting of graves and praying for peace upon them, as it is the best admonition and the best of reminders. Abi Tharr (ra) said The Messenger of Allah (saw) said: “Visit the graves, as it will be a reminder of the Akhirah, and wash the dead, as taking care of an empty body is an outstanding admonition, and pray over the Jana’iz (funerals), as it may sadden you, for the sad one is in the shade of Allah” [Ibn Abi Al Dunya and Al Haakim -Good chain of narrators]. And Ibn Abi Mulaykah said, The Messenger of Allah (saw) said: “Visit your dead and pray for peace upon them, for there is an admonition for you in it” [Ibn Abi Al Dunya – Good chain of narrators]. It has been narrated of Abu Hurairah that if he saw a funeral, he would say: “Move on, for we are to follow.” And Al-Dhaahik said: A man once said: Oh, Messenger of Allah, who is the most Zaahid (abstinent) of people? He (saw) said: “He who does not forget the grave and abandoned the luxuries of life, seeking that which lasts above that which ends, not counting yesterday as one of his days, and counted himself amongst the people of the graves”.
In the Messenger of Allah (saw) we have a beautiful pattern of conduct to follow, and in the honourable companions we have integrity of conduct and forthrightness, and in those who preceded us, who were righteous, we have admonition and remembrance, for they were mindful to always remember death to help them remember and prepare for the Akhirah, and if death were to approach them, you would find them between one crying over himself out of fear and terror of Allah’s (swt) punishment, and one who has done righteous deeds for the sake of Allah (swt), hoping for the best, praying for his forgiveness, and one who is fully pre-pared and ready.
As for the Messenger (saw), he began his preparation by praying for the forgiveness of those in the graves, and this was during the illness which he died from, where Abu Muwayhiba, the servant of the Prophet (saw), narrated: “The Messenger of Allah (saw) called for me in the middle of the night and said to me: “Oh, Abu Muwayhiba, I have been ordered to pray for forgiveness for the people of the graves, so come with me.” So I departed with him, and when he (saw) stood between them, he said, “Peace be upon you, dwellers of the graves. What you are in is more comfortable than what the people are in, for tribulations have approached like dark patches of night, one following another, and each one is worse than the one before it.” Then he came near to me, and said: “Oh, Abu Muwayhiba, I have been given the keys to the treasures of the world and lasting life in it, then Paradise, and was given a choice between this and the meeting of my Lord and Paradise, so I chose to meet my Lord and Paradise.” So I said: May my father and mother be sacrificed for you, take the keys to the treasures of the world and lasting life in it, then Paradise. But he said, “No, by Allah, oh Abu Muwayhiba, I have chosen to meet my Lord and Paradise.” He then prayed for forgiveness for the people of the graves and left, when the pain that he (saw) was going through showed upon him. As the pain increased, he (saw) saidto Al-Fadhl, with his head wrapped, due to the overwhelming pain, “Take my hand, Fadhl”. So Al-Fadhl took his hand until he sat on the Minbar, then said to Al-Fadhl: “Call the people.” So they gathered. He then praised Allah, and prayed for peace upon the companions of Uhud, and forgiveness for them and prayed much for them, then said: “and furthermore, oh people, I praise Allah between you, of whom there is no Lord worthy of worship other than Him. It has been made known to me that there are some (unful-filled) rights between yourselves, so whoever I have whipped his back (unjustly), this is my back, so take back your right, and if I have vilified someone’s honour, this is my honour, so take back your right. Although resentment is not in my nature, nor my disposition, but you would be beloved to me if you took from me what was rightfully yours, or if you forgave me the right, so I can meet Allah with my soul at ease, and even this, I do not see as sufficient until I undertake (the responsibility) over and over again.” He then stepped down and prayed Dhuhr, then returned and sat upon the Minbar, returning to his speech regarding resentment, and other matters. A man then stood and said:
“Oh, Messenger of Allah, I have with you three Dirhams.” So he (saw) said: “Fadhl, give it to him.” Then he (saw) said: “Oh, people, whoever has something to finish, he should, and (do not fear) the embarrassment of this world, for the embarrassment of this world is less than that of the Akhirah.” So a man then stood, and said: “Oh, Messenger of Allah, I have three Dirhams which I took (unjustly) in the way of Allah.” He (saw) then asked: “Why did you take it?” The man replied: “I needed it.” He (saw) then said: “Take it from him, Fadhl.” and said: “Oh people, whoever fears something of himself, he should come forth and I will pray for him.” So a man stood, and said: “Oh Messenger of Allah, I am a liar and indecent and I sleep too much.” So he (saw) said: “Oh, Allah, bless him with truthfulness, Iman and lift away his sleep if he so wished.” and another man stood and said: “By, Allah, Oh Messenger of Allah, I am a liar and a hypocrite and there is not one crime that I have not committed.” when ‘Umar b. Al-Khattab (ra) stood and said: “You have disgraced yourself.” So the Messenger (saw) said: “Oh son of Al-Khattab, the disgrace of the worldly life is less than that of the afterlife; may Allah bless him with truthfulness, Iman and lead his matter to a good end.”
The Prophet (saw) urged the people to take care of the Ansar, and said: “…and furthermore, oh group of Muhajireen, it has become that you are increasing (in number), and the Ansar are not increasing (in number), (they will remain) as they are today. The Ansar are my cover who extended to me their aid. So be generous to their generous and look past their shortcomings.” The Messenger (saw) then said: “A certain slave of Allah (swt) has been given the choice between whatever he wishes of the delights of this world, or what Allah (swt) has to offer, so he chose what Allah (swt) has to offer.”
Abu Bakr (ra) then cried and said: “We sacrifice ourselves, our fathers, our mothers and our sons for you, oh Messenger of Allah (swt).” The people were surprised by the reaction of Abu Bakr (ra), and some said: ‘Look to this Shaykh; The Messenger of Allah (swt) informs us of a slave who has been given a choice by Allah (swt), and he says, “we sacrifice our fathers and mothers?”‘ The Messenger (saw) then said, in reply to Abu Bakr (ra): ‘Be at ease, Abu Bakr). Do you see these open doors of the Mosque (in Makkah), close them, except for the one that is facing the home of Abu Bakr, for the most gracious of people in his friendship and his wealth to me is Abu Bakr, and if I were to take from the slaves (of Allah (swt)), a bosom friend I surely would take Abu Bakr as a bosom friend, but it will remain as companionship and brotherhood in Iman until Allah (swt) brings us together in His company.’
The mother of the believers, ‘A’ishah (ra), said: ‘I saw the Messenger of Allah (swt) as he was dying. With him was a container of water, where he would put his hand into the container then wipe his face, saying: ‘La ‘ilaha ‘illAllah, truly death has its agonies. Oh Allah, help me with the agonies of death.’ and held his finger up, saying: ‘Nay, the Most High companion, the Most High companion.’ He (saw) then turned his sights, focusing them on the roof of the house, and said: ‘Oh Allah (swt). The Most High companion.’ where he (saw) then died, his hand falling into the water.
When the time of Abu Bakr Al-Siddiq (ra) came, ‘A’ishah (ra) expressed her thoughts of the situation with the words: ‘By your life, wealth is of no use to a person when it (death) rattles the throat and constrains the breast.’ So Abu Bakr (ra) uncovered his face, and said: ‘It is not like this, my daughter, rather I say: “And the stupor of death will bring Truth (before his eyes). This was the thing which you have been trying to escape!” Take my two pieces of clothing here, wash them and bury me in them, for the living are more needy of new clothing than the dead.’ As Abu Bakr (ra) was dying, ‘A’ishah (ra) said, praising him: ‘(His) white (face), feeding the birds with the (light of) his face, the spring time of the orphans and the protector of the widowers.’ Abu Baker then said: ‘This is a description of the Messenger of Allah (swt).’ The Sahaba then entered the room, seeing the pain he was going through because of the effects of the poison, they said to him: ‘Should we not send our doctor to take a look at you’? He replied: ‘My doctor has looked at me and said: I am the doer of whatsoever I intend.’ Salman Al-Farisi (ra) then entered the room and said: ‘Oh, Abu Bakr (ra), entrust us with something.’ So the Siddiq said: ‘Allah (swt) is opening the world to you, so do not take of it except what you need, and know that he who prays Fajr is under the protection of Allah (swt), so do not embarrass Allah (swt) in His protection ‘Allah (swt) will throw us in hell fire on our faces’?
When the burden became heavy on Abu Bakr (ra), he sent for Umar (ra) b. Al-Khattab (ra), and entrusted him with a mighty duty, saying: ‘I wish to entrust you with a duty, if you allow … Allah (swt) has rights upon you at night-time which He will not accept of you in the daytime, and rights upon you in the daytime which He will not accept from you at night-time. He does not accept a Nafila (supererogatory actions of worship) until the Fard (obligation) is completed. Truly, the scales are heavy for the one whose scales become heavy in the Afterlife because of his seeking the truth in this world. And it is proper for the scales to become heavy if truth were to be placed into them. And truly, the scales are light for the one whose scales have become light in the Afterlife because of their following falsehood and how insignificant this was to them. And it is proper for the scales to become light if falsehood were to be placed into them. Have you not seen that Allah (swt) has revealed the verses of anticipation with the verses of severity and the verses of severity with the verses of anticipation. And He revealed the verse of mercy and the verse of punishment so that the slave may be in a state of desire and fear, so that he does not to throw himself into destruction (the Hellfire) and not to ask of Allah (swt) anything but the truth. If you safeguarded this trust of mine there will be nothing absent but more beloved to you than death, as you cannot do without it. And if you forget and lose this trust of mine, there will be nothing absent but more hated by you than death, and you cannot be without it, nor will you ever escape it.’ The last thing he (ra) said before his soul departed his body was: ‘My Lord, Cause me to die as one who has submitted to Your Will, and join me with the Saliheen (the righteous)’
As for Umar (ra) b. Al-Khattab, he went out four days before his death to traverse the markets. He met Abu Lu’lu’a, the servant of Al-Mughirah ibn Shu’bah, who said: ‘Oh, Amir of the Believers, show me the way to Al-Mughirah b. Shu’bah, for he pays me well.’ Umar (ra) said: ‘How much is your pay?’ he replied: ‘two Dirhams.’
Umar (ra) asked: ‘What is your trade?’ Abu Lu’lu’a said: ‘Carpentry, sowing and ironmongery.’ Umar (ra) said: ‘I do not see your wages to be much in comparison to your skills and it has reached me that you are able to construct a mill that grinds using the power of wind.’ The disbelieving Kafir replied: ‘If you wish I will make a mill that people will speak of from east to west’, and then departed. Umar (ra) then said: ‘This slave has promised me before.’
Umar (ra) then departed to his home and when he neared it Ka’ab Al-Ahbar came to him and said: ‘Oh Amir of the Believers, be informed – you are to die in three days.’ Umar (ra) said: ‘And how do you know this?’ Ka’ab replied: ‘I have seen it in the Torah.’ Umar (ra) said: ‘By Allah (swt), you find Umar (ra) bin Al-Khattab in the Torah?’ Ka’ab replied: ‘By Allah (swt), no, but I do find your description and disposition, and your Ajal (Decree for life) has run out.’ The next day Ka’ab came to him again and said: ‘Oh Amir of the Believers, one day has gone and two are left.’ And the day after, saying: ‘Two days have passed and one day and one night are left.’ Which was that night and its’ morning. When morning came, Umar (ra) left for prayer where he delegated one man to make sure the lines were straight, and when he was confident of their organisation he began the prayer. Just then, Abu Lu’lu’a, may Allah (swt)’s wrath come down upon him, came between the people with him a double headed dagger that meets in the middle, and struck Umar (ra) six times – one of them just under his navel, which was the one that, in the end, killed him. The infidel then ran away, not leaving anyone to the left or right of him without striking them. At the end thirteen men were stabbed, nine of which died. When one of the Muslims saw this occurring he threw a cloak over the murderer, and when the infidel thought that he had been caught he committed suicide.
When Umar (ra) felt the warmth of the stab wounds, he fell, and called out: ‘Is Abdul-Rahman b. ‘Awf between the people?’ They replied: ‘Yes, he is over here.’ Umar (ra) said to him: ‘Come forth and lead the people in prayer.’ So Abdul-Rahman led the people in prayer, while Umar (ra) was lying on his side. The rows behind Umar (ra) could see what was happening but the people praying at the outskirts of the Mosque had no idea what was occurring, only that they had lost Umar (ra)’s voice and were calling out ‘Subhan Allah, Subhan Allah.’ So Abdul-Rahman led the people in a light prayer, then the people carried Umar (ra) to his house, where he said: ‘Oh Ibn Al-‘Abbas, go and see who stabbed me.’ So Abdullah left, returning after one hour, and said: ‘The servant of Al-Mughirah b. Shu’bah.’ Umar (ra) said: ‘May Allah (swt) declare war on him. I had just done a good deed for him.’ Then said: ‘All praise be to Allah (swt) who did not make my death at the hands of a Muslim man who prostrated even one prostration to Allah (swt).’ The people that day were acting as if they had never seen a calamity before this one, where one man would say he is doing just fine, and another saying that he is worried. They brought him some wine, which he immediately vomited in a different colour. They then brought him some milk, which he also vomited, then they knew that he was to die.
The Muhajireen and the Ansar began to visit him and to pay their last respects. When Ka’ab Al-Ahbar came between them, Umar (ra) remembered what he had said, and said: ‘Ka’ab told me of three he counted, and there is no doubt that the matter is as he told me, what good is it for me to be cautious of death, for I surely will die, but I fear the sin that is followed by another.’ One of the people who visited him was a young Muslim, who said to him: ‘Glad tidings, oh Amir of the Believers, with glad tidings from Allah (swt), you had the companionship of the Prophet (saw), and a role in Islam which you know quite well, you then took care of the Muslims and were just in your duties, then a Shahadah.’ When Umar (ra) said: ‘Amir of the Believers? I wish this were neither a point for me nor against me.’ And when the young man walked away, Umar (ra) noticed his robe was dragging on the floor, so he said: ‘Bring the boy back to me.’ And when the boy came, he said to him: ‘Oh son of my brother, lift your garment, as it is purer for your clothing and more god-fearing.’
When Ali b. Abi Talib (ra) entered the room, he noticed Umar (ra) crying, so he asked: ‘What makes you cry, oh Amir of the Believers?’ Umar (ra) replied: ‘I cry over the news in the sky, will I be sent to Paradise or thrown into the Hellfire?’ Ali said: ‘Glad tidings, for I have heard the Messenger of Allah (swt) say: “The two masters of the Kuhool (respected men) of Paradise are Abu Bakr (ra) and Umar (ra).”’ Umar (ra) said: ‘Are you a witness for me, oh Ali, that I will have paradise?’ Ali answered: ‘Yes.’ Umar (ra) then said: ‘And you, oh Hassan, are a witness on your father that the messenger of Allah (swt) said that Umar (ra) is of the people of Paradise’ When Abdullah Ibn ‘Abbas arrived, he said to Umar (ra): ‘Glad tidings of Paradise, oh Amir of the Believers. You were a companion of the Messenger of Allah (swt) and this companionship was a long one, then you took care of the Muslims affairs, where you stood firm and fulfilled your trust. Allah (swt) brought many matters down to you. He paid the charities through you and spread the wealth through you.’ Umar (ra) said: ‘As for your glad tidings of paradise, by Allah (swt), to whom there is none worthy of worship but He, if I had this world and all what is in it, I would pay it as a ransom to escape the horrors I am to face before I am given the decision. And as for what you said regarding the leadership of the Muslims, by Allah (swt), I wish that I would be taken out of it, the same as I had entered it, having neither good deeds nor sin. As for what you have said regarding the companionship of the Messenger of Allah (swt), it is this (that I truly wish for).’ Then he (ra) said: ‘Sit me up.’ And when he was sitting upright, he said to Abdullah Ibn ‘Abbas (ra): ‘Repeat to me what you have said.’ And after he repeated it, Umar (ra) said: ‘Will you testify to this on the day of Judgement’? Ibn ‘Abbas said yes, so Umar (ra) was pleased with this when he said: ‘If a caller called out from the sky: Oh people, you are all to enter paradise except for one, I would fear that I would be that one. And if a caller were to call out: Oh people, you are all to enter the Hellfire except for one, I would have hoped to be that one.’
As Umar (ra) neared death, he said to his son: ‘My son, when death comes to me place your right hand on my forehead and your left on my cheek so if I die, shut my eyes and bury me quickly. For if I have a better place with Allah (swt), then He will grant me a better place, and if it is other than this, then I will be taken away more quickly. And do not send a woman with me (my burial) or speak well of me in that which I am not, for Allah (swt) is more knowledgeable of whom I really am. If you depart with my body, walk quickly, for if there is good with Allah (swt) then you have sent me to what is better for me and if it is otherwise, then you will have removed this evil from off your shoulders.’ He (ra) then said: ‘Place my cheek on the ground.’ As his head was in Abdullah b. Umar (ra)’s lap, so Abdullah moved his head down to his leg and said: ‘What is the difference whether it is in my lap or on the ground?’ Umar (ra) said: ‘Put my head on the ground, motherless one [an Arabic expression, not to be taken literally]’, Abdullah did so. And when Umar (ra)’s cheek and beard were pressed against the ground he said: ‘Woe to you and to your mother, oh Umar if Allah (swt) does not forgive you, oh Umar.’ Then he passed away.
As for Thul-Nuwrayn (the one with the two radiating lights), Uthman (ra) b. Affan, when he was held captive in his house and he was fasting, he asked his captors for clean water for him to break his fast with. They denied him this and said: ‘You will have no more that what has gathered in the garbage over there.’ Thus Uthman (ra) did not break his fast. So his wife, Naailah bint Al-Qaraafisah, departed to seek water. Finding a group of people, she asked if they has clean water, so they gave her a small sachet of water and she returned to Uthman (ra) upon the calling of Adhan for Fajr and said: ‘This is clean water I brought for you.’ Uthman (ra) then looked outside, seeing that the sun had risen, and said: ‘I have started the day fasting.’ She asked: ‘How did you eat, when I have not seen anyone give you any food or water?’ She exclaimed this with bewilderment, as it is obliged upon the Muslim to break his fast with food or drink before beginning a new fast. He said: ‘I saw the messenger of Allah (swt). He entered upon me from the roof and he had a water container and said to me: “Oh, Uthman, have they held you captive?’” I said: “Yes.” He said: “Have they denied you water?” I said: “Yes.” So he extended the water container out to me and said: “Drink, oh Uthman.” And I drank until I was satisfied. Then he (saw) said: “More.” So I drank until I was well fed. He (saw) then said: “These people will turn against you, so if you wished, fight them and you will claim victory against them, or if you wished, you may leave them, and break your fast with us.” So I chose to break my fast with him.
Katheer b. Al-Sult then entered, upon where Uthman (ra) said to him: ‘I do not see myself but murdered on this day, oh Katheer.’ So Katheer said: ‘Allah (swt) will give you victory over your enemy, oh Amir of the Believers. Did something happen to you today or was something said to you?’ Uthman (ra) replied: ‘No, but I stayed up late last night and during the time of Suhur (just before sunrise) I fell asleep, and I saw the Messenger of Allah (swt), Abu Bakr (ra) and Umar (ra), where the Messenger of Allah (swt) said to me: “Oh Uthman (ra), do not keep us waiting, for we are awaiting you.” Uthman (ra) died that day.
After Uthman (ra) was murdered, they searched through his storage and found a small case with a paper in it. On it was written: ‘This is the Will of Uthman, in the name of Allah (swt), the Most Gracious, the Most Merciful. Uthman b. ‘Affan bears witness that there is no lord worthy of worship but Allah (swt), alone, having no partners attributed to him and that Muhammad is his slave and Messenger, and that Paradise is truth, and the Hellfire is truth, and Allah (swt) brings forth the dwellers of the graves to a day that will without doubt come. Allah (swt) does not break his appointment. Upon it we live and upon it we die and upon it, by the Will of Allah (swt), we will be brought forth.’
It was narrated that on the night Ali b. Abi Talib (ra) was stabbed, Ibn Al-Siyaaj came to him at sunrise to call him to prayer and found him sluggish and lazy, then came to him for a second time and found him the same, then came to him a third time, where Ali awoke and started walking, saying: ‘Prepare yourself for death, for it will meet you and do not fear death, even if reached your dwelling place.’ When he reached the entrance to the mosque, Abdul-Rahman b. Muljam ran up to him and stabbed him and Ali said: ‘By the lord of the Ka’bah, I have won.’ As they carried Ali away, he asked: ‘What has happened to the one who stabbed me?’ They said: ‘We took him away.’ He said: ‘Feed him my food and give him of my drink, so if I were to live, I will decide what to do with him, and if I were to die, then strike him once, not more.’ Ali then entrusted Al-Hassan to wash him (and perform the rituals of burial) and said: ‘Do not be excessive in wrapping my body, for the Messenger (saw) said: “Do not be excessive in wrapping (the dead body), for it will be taken away very quickly.” Walk quickly, but do not rush nor move slowly, for if there is good awaiting, you will have brought it to me quickly, and if there is evil awaiting, you would remove my weight from off your shoulders more quickly.’
When death approached Mu’ath b. Jabal (ra), he said: ‘Check if morning has come yet.’ And it was said: ‘Not yet.’ And he continued to ask them until morning came, at which time they informed him that: ‘Morning has come.’ So he said: ‘I seek refuge in Allah (swt) from a night whose morning is in the Hellfire.’ Then said: ‘Welcome, death, you absent visitor and beloved one who comes at the times of need. Oh Allah (swt), in the past I have feared you, and today I implore you (for Your mercy). Oh Allah (swt), You know that I never did love this world and long life in it to make paths for rivers or to plant trees, rather I loved the thirst on long midsummer days (from fasting) and staying up (praying) the long winter nights, the wrestling with the hours and the crowding of the scholars at the gatherings of remembrance of Allah (swt).’ When death approached Bilal (ra), his wife said: ‘How sad this moment is.’ And he said: ‘No, say: How joyous this moment is. For tomorrow we see the beloved ones, Muhammad (saw) and his companions.’ As for the Mother of the Believers, ‘A’ishah (ra), at the time of her death, Abdullah b. ‘Abbas came to her and praised her and said: ‘Glad tidings, oh wife of the Messenger of Allah (swt), he did not marry anyone before her coming of age other than you, and your innocence was sent down from the sky.’ Ibn Al-Zubair (ra) then entered the room after Ibn ‘Abbas and she said to him: ‘Abdullah b. ‘Abbas praised me when I did not wish to hear anyone praise me today. How I wish that I were completely forgotten, wiped out of existence.’ Abu Muslim said: ‘I came to Abu Al-Darda’ (ra) and found him moaning to himself: ‘Is there a man would work himself to such a destruction as mine? Is there a man would work himself to this day of mine? Is there a man who would work himself to this hour of mine?’ He then passed away, may Allah (swt) have mercy upon him.’ Salman Al-Farisi cried when death came to him. It was asked: ‘What makes you cry?’ He said: ‘The Messenger of Allah (swt) promised us that whatever we have of excess (wealth), will be similar (on the Day of Judgement) to the excess carriage of a rider, and look at all this excess (wealth) around me.’ And it was said: ‘There was only his plates and cutlery, a bowl and a wash basin, where their worth was no more than about 10 Dirhams.’
Abu Hurairah (ra) cried on his deathbed and it was asked: ‘What makes you cry?’ He replied: ‘I do not cry for this world of yours, rather I cry over the long journey ahead of me and how few provisions I have with me. I am rising on a runway to Paradise and Hellfire and I do not know which of them it will lead me to.’ It was narrated by Al-Muzni saying: ‘I came to Al-Shafi’i during the illness from which he died and said to him: “How was your morning?” He said: “I awoke departing this world, leaving my companions behind, on my way to meet my bad deeds, to drink from the cup of desire (for forgiveness) and to Allah (swt) I proceed. I do not know whether my soul will be sent to Paradise so that I may congratulate it, or to the Hellfire so that I may give my commiserations.” He then began saying: “When my heart hardened and the places for escape ran out, I made the escape from myself; Your forgiveness. As my sins towered above me, I compared them to Your forgiveness, my Lord, and found Your forgiveness to be greater. You continue to forgive my sin until now, by Your Graciousness, Mercy and Generosity.”‘
When Al-Hassan b. Ali (ra) neared death, Al-Hussein (ra) entered the room and said: ‘My brother, why are you worried? You are approaching the Messenger of Allah (swt) and Ali b. Abi Talib, and they are your fathers; and Khadijah bint Khuwaylid and Fatimah bint Muhammad, and they are your mothers; and Hamza and Ja’far, and they are your uncles!’ He replied: ‘My brother, I am approaching something unlike anything I have ever approached before.’ It was also narrated that when Umar b. Abdul-Aziz (ra) became ill, a doctor came to see him and after looking at him he said: ‘It seems the man has been fed poison and I cannot say that he is secure from death.’ Umar (ra) then raised his sights to the doctor and said: ‘Nor can you secure one from death even if he has not taken poison!’ The doctor said: ‘Have you felt this (poison), oh Amir of the Believers?’ He replied: ‘Yes, I had known it from the very moment it entered my stomach.’ The doctor said: ‘You should get treatment for I fear that you may die.’ Umar said: ‘My Lord is a better choice to go to. By Allah (swt), if I knew that my cure was sitting at the tip of my ear, I would not raise my hand to get it.’ And when death came to him, he began crying and it was asked: ‘What makes you cry, oh Amir of the Believers? You should be joyous, for Allah (swt) has brought many Sunnahs back to life with you and spread justice through you.’ He replied: ‘Will I not be made to stand and be questioned regarding these creations? By Allah (swt), I may have been just, but I fear for myself that it will not bear any weight before Allah (swt) until it is scrutinised with its evidences, so how is it with most of our actions?’ And he cried profusely, then said: ‘Sit me up!’ So they sat him up, and he then said: ‘I am the one who you ordered, and I fell short, and I am the one who you accounted, and I disobeyed.’ Saying this three times, he then said: ‘But there is no Lord worthy of worship except Allah (swt).’ He then lifted his head, and seemed to be inspecting something keenly. When he was asked regarding this, he said: ‘I see green fields,…and they are neither humans nor Jinn.’ Then he died.
It was narrated of Haroon Al-Rasheed that he chose the shrouds which he was to be buried in himself and would look at them reciting: ‘My wealth has not been of any profit to me. My power has perished from me.’ And it was said that Abdullah b. Al-Mubarak opened his eyes upon his death and recited: ‘For the like of this, let the workers work’ Then passed away. It was also narrated of Huthayfah that when death approached him, he said: ‘A beloved one has come at a time of need, I will gain nothing from sorrow. Oh Allah (swt), if you know that poverty is more beloved to me than wealth and illness is more beloved to me than health and death is more beloved to me than life, then make death easier for me until I meet you.’ This was their stance and this was their accounting of themselves. They lived in the vast expanses of Allah (swt) earth.treading the path He laid out, following His Messenger (saw), continuously accounting and scrutinising themselves over every matter, big or small, so that when death came to them their reaction was as if they had lived their lives in complete disobedience to Allah (swt). This was due to the intense fear they had of Allah (swt) and how much they desired His mercy and forgiveness. Truly this is how the believer should be, ever watchful, always accounting himself, catching up before time runs out, when sorrow is of no value and regret is useless.
Oh carriers of the call of Islam you are undertaking a mighty task, for when the people have turned away to seek what this world has to offer, you turned to seek what the Afterlife has to offer. During the times where those who are working are few, you took the weight of the Prophets upon your necks, so you moved to achieve what no men, other than Muhammad (saw) and his beloved companions (ra), had ever achieved. Although the Companions (ra) have been favoured with the companionship of the Prophet (saw) over you, you have been favoured over all others in the work to bring Islam, the Deen of Allah (swt) and the final message, back to life on Earth, so that you may please your Creator and follow the way of your Prophet (saw). So congratulations, brothers in Islam and the Da’wah, for what you are in and be sincere in accounting yourself and each other, for what you carry on your shoulders of a superior Minhaj (Methodology), great determination, patience and endurance would cause the mighty mountains to collapse. Truly it is a trust and if we were to make our commitment and undertake this task, giving it what it deserves of effort, we may become one of the brothers of the Messenger of Allah (swt), who he said regarding them: ‘How I wish to see my brothers who will come to Al-Hawdh (a pool in paradise), where I will greet them with a container, in it a drink, and I will feed them from my Hawdh before they enter paradise.’ They asked: ‘Are we not your brothers?’ He replied: ‘No, you are my companions. My brothers are the ones who believed in me, although they had never seen me. I am very anxious to see them.’
It may be that your Kutlah (party or group) will be of those who the Messenger of Allah (swt) said regarding them: ‘Oh Huthayfah, in every group of my Ummah, there is a group of ruffled, dusty (individuals), who desire my way and follow my path. They uphold the book of Allah (swt). They are from me and I am from them, even though they have not seen me’, and his (saw) saying: ‘Allah (swt) revealed to Musa b. ‘Imran that in the Ummah of Muhammad there will be men who stand upon every elevated place and in every valley, calling out the Shahadah of La-ilaha-illAllah (swt), their reward will be that of the Prophets.’ Oh Allah (swt), you know that we did not say this except in obedience to Your order and we did not remind ourselves of our meeting you except in fear of Your punishment and we have not prayed to you except out of desire for Your pleasure, so place this onto our scales on the day that the scales will be weighed. Keep us firm onto Your Deen and onto the work of carrying the message of Your beloved Prophet (saw), until we meet you and help us with the trials of this world and do not send upon us calamities so that we become disgraced, and if you do send upon us calamities, then keep us firmly upon the truth.
May Peace and Blessings be upon our Prophet Muhammad and upon his pure and generous family and companions, and upon all those who follow his guidance, until the day of Judgement. Ameen.
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The Qur’an – The First Source of Law
The following is an extract from the book ‘Understanding Usul al-Fiqh’.
It is necessary to define the Qur’an, from this definition we will know what is allowed to be read in prayer and what is not. What is a proof in Hukm Shara’i and what is not? It also tells us what makes somebody a Kafir due to what he denies and what does not constitute disbelief. So when we define Qur’an we mean the Qur’an as evidence in Fiqh.
Qur’an is derived from the word Qara’a, which means to read or recite. Therefore, Qur’an linguistically means the book that has been read or recited.
As a term, Qur’an is Allah’s (swt) miraculous speech revealed unto Muhammad (saw) in Arabic and transferred to us by the Tawatur method. The recitation of Qur’an is considered as an ‘‘Ibadah (act of worship). By Allah’s (swt) speech it is meant that the Qur’an is the exact words of Allah (swt). It was revealed to Muhammad (saw) as it exists today. By ‘miraculous’ it is meant that no one can produce something similar to it.[1]
The term “in Arabic” refers to the language of the Qur’an, not to its scope or ideas because Qur’an addresses all Arabs and non-Arabs. The rules of Qur’an are universal and not restricted to one ethnic group or a specific area or time. All the Qu’ran is completely in Arabic and contains no foreign tongue. Imam Shafi says in his Risala, “The Qu’ran indicates that there is no portion in the Book of Allah that is not in the Arab tongue. He who expressed such an opinion [concerning foreign words in the Qu’ran] may have found some [men] who accepted it by [sheer] submission (taqlid) to his authority, leaving the matter of proof up to him and to those who have disagreed with him. However, by mere submission they have neglected [their duty]; Allah forgive them and us. But, perhaps, he who expressed the opinion that there are in the Quran [words] which are not of the Arab tongue-and his opinion was accepted by others meant that there are certain particular [words] which are not understood by some Arabs.”
Furthermore, the ignorance of the Arabs about some words of the Quran is not evidence that the Quran contains foreign words. Rather there is a possibility that some non-Arabs learned some Arabic words and then it became wide spread in their language. Because of this some of their words may correspond to some words mentioned in the Quran, or maybe some foreign words entered in the Arabic language. And hence it became part of the Arabic language itself and therefore cannot be considered a foreign word anymore as the Arabs used it as part of their language, even if its root is foreign.
Many verses point that the Quran is completely in Arabic such as:
إِنَّا أَنْزَلْنَاهُ قُرْآَنًا عَرَبِيًّا
“Verily, We have sent it down as an Arabic Qur’an.” (TMQ Yusuf: 2)
كِتَابٌ فُصِّلَتْ آَيَاتُهُ قُرْآَنًا عَرَبِيًّا لِقَوْمٍ يَعْلَمُونَ
“A Book whereof the Verses are explained in detail – a Qur’an in Arabic for people who know.” (TMQ Fussilat: 3)
قُرْآَنًا عَرَبِيًّا غَيْرَ ذِي عِوَجٍ لَعَلَّهُمْ يَتَّقُونَ
“An Arabic Quran with no crookedness in it, perchance they will be God fearing.” (TMQ Al-Zumar: 29)
وَكَذَلِكَ أَنْزَلْنَاهُ حُكْمًا عَرَبِيًّا
“Thus We sent it down as an Arabic Law.” (TMQ Ar-Ra’ad: 37)
وَكَذَلِكَ أَوْحَيْنَا إِلَيْكَ قُرْآَنًا عَرَبِيًّا
“And thus We have revealed unto you (O Muhammad [saw]) a Qur’an (in Arabic).” (TMQ Shurah: 7)
إِنَّا جَعَلْنَاهُ قُرْآَنًا عَرَبِيًّا
“We verily, have made it a Qur’an in Arabic.” (TMQ Zukhruf: 3)
By Tawatur method it is meant that a group or people for whom it is impossible to lie or conspire to fabricate a lie conveyed it to us. The Qur’an was transferred to us through an entire generation, not just by a group, to its successors, until it reached the present generation, without any interval in this transference.
Reciting Qur’an in Arabic by itself, without even comprehending its meaning is considered an ‘‘Ibadah. In this regard, Qur’an is different from Hadith, which cannot be recited as an act of ‘‘Ibadah. However, thinking about the meanings of both the Qur’an and Hadith is considered an ‘‘Ibadah.
The Qur’an was revealed to Prophet Muhammad (saw) in parts for a period of twenty-three years. It used to be revealed in various ways. Sometimes the revelation would come in quick succession and other times it would take a long time. The Qur’an was revealed gradually and not all at once due to wisdom (Hikma) Allah (swt) has mentioned in the noble Qur’an itself:
وَقَالَ الَّذِينَ كَفَرُوا لَوْلَا نُزِّلَ عَلَيْهِ الْقُرْآَنُ جُمْلَةً وَاحِدَةً كَذَلِكَ لِنُثَبِّتَ بِهِ فُؤَادَكَ وَرَتَّلْنَاهُ تَرْتِيلًا
“And those who disbelieve say: ‘Why is not the Qur’an revealed to him all at once?’ Thus (it is send down in parts), that We may strengthen your heart thereby.” (TMQ Al-Furqan: 32)
وَقُرْآَنًا فَرَقْنَاهُ لِتَقْرَأَهُ عَلَى النَّاسِ عَلَى مُكْثٍ وَنَزَّلْنَاهُ تَنْزِيلًا
“And (it is) a Qur’an which We have divided (into parts), in order that you might recite it to men at intervals. And We have revealed it by stages.” (TMQ Al-Isra’: 106)
So, in order to strengthen the heart of the Messenger (saw), and so as to recite it to the people slowly without haste, and also in order to reveal it according to incidents and answers to questions, the Qur’an was revealed gradually and in parts for twenty-three years.
As we mentioned earlier the scholars have defined fiqh as, ‘the knowledge of the practical Shar’iah rules that are derived from their detailed evidences (Al-Ad’Illah al-Tafsiliyy ah)’.
Knowledge of the Shari’ah rules began the day when they were revealed by Allah (swt). This took place mostly after the migration (Hijra) of the Prophet (saw) from Makkah to Madina. The Messenger of Allah (saw) stayed in Makkah for thirteen years, and then he resided in Madina for about ten years. The Quran was revealed in Makkah and continued throughout the Prophet’s stay in Madina. Many of the verses of Ahkam (rules) were revealed in Madina. In this period verses from the Qur’an were revealed and the Messenger (saw) used to convey the Ahkam relating to answering practical questions and providing solutions to problems that arose.
The portion that was revealed in Makkah is approximately about two thirds of the Qur’an and they are known as the Makkan verses (Makki). In their totality they barely deal with few Ahkam. Rather they are confined to explaining the fundamentals of the Deen and calling people to them, such as the belief in Allah and His Messenger, the Day of Judgement, the command to perform Salah, characterisation with moral attributes such as honesty, truthfulness, and forbidding evil actions such as fornication, murder, burying girls alive, deficiency in the measure and scales etc. The second portion that was revealed in Madina is close to a third of the Qur’an and they are known as the Madinan verses (Madani). These are verses of Mu’amalat (transactions) such as selling, renting and usury. They also include the Hudud, such as the Hadd of Zina (fornication) and stealing. They include the Jinayat (capital punishments) such as killing the one who killed someone intentionally or punishment of highway robbers and rules from the Bayyinat (testimonial evidences) such as the testimony of Zina and the rest of the testimonies. The remaining rules concerning the worships (‘‘Ibadat) such as fasting, Zakah, Hajj and Jihad were also revealed during this period.
From this it becomes clear that even though rules of prayer were revealed in Makkah they do not form the body of rules but knowledge of a type of rule. As for what was revealed in Madina, they consisted of all the Ahkam. That is why knowledge of such rules is considered Fiqh. Therefore, it is more accurate for us to say that Fiqh began in Madina. And since Fiqh constitutes practical rules, they have been revealed to treat incidents that have taken place. The verses of Ahkam, more often than not were in connection to events that took place. So the disputants would refer judgment to the Messenger of Allah (saw) and he would judge between them according to the rules Allah (swt) has revealed to him, or on occasions of problems requiring solutions, so an Ayah or Ayat stating the Hukm would be revealed. In this manner the Qur’an was revealed gradually. The legislative aspect used to be quite evident in the revelation of the Qur’an. The Ayat did not treat assumptions that may or may not happen. Rather, they treated issues that actually took place and real problems that people face. The Qur’an continued to be revealed until the year in which the Messenger of Allah (saw) passed away. So, Allah (swt) perfected and completed the Deen and He revealed to him the last Ayah which is His (swt) saying in Surah al-Baqarah:
يَا أَيُّهَا الَّذِينَ آَمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِنْ كُنْتُمْ مُؤْمِنِينَ
“O you who believe! Be afraid of Allah and give up what remains (due to you) from riba (usury).” (TMQ Al-Baqarah: 278)
During the time of the Prophet (saw), the text of the Qur’an was preserved in memory and also inscripted on flat stones, wood, and bones.
The Qur’an used to be revealed to the Messenger of Allah (saw) and he used to instruct people to memorise it and write it down on pieces of leather, paper, scapula, palm risp, bones, leaf stalks of date palm etc. When the Ayat were revealed he used to give the order that they be placed in their proper place in the Surah (chapter). Thus, he used to say put this Ayah in such and such Surah after such and such Ayah. So they used to put them in their proper place in the Surah. It has been narrated by Uthman (ra) that he said, “The Ayat used to be revealed to the Prophet (saw) and so he used to say:
«كان النبي r تنـزل عليه الآيات فيقول ضعوها في السورة التي يذكر فيها كذا»
“Put these Ayat in the Surah which mentions such and such thing.” (Ibn Majah & Abu Dawud)
It was done in this manner until the whole Qur’an was revealed and Allah (swt) took his (saw) soul after the revelation of the Qur’an was complete. That is why the arrangement of the verses of every Surah in the form as it is in now in the present script (Mushaf) was determined by the revelation (Tawqeefan) from the Prophet (saw) transmitted to him (saw) by Jibreel from Allah (swt). According to this arrangement the Ummah transmitted the Qur’an from the Prophet (saw) and there is no dispute about this. The order of the verses within the chapters (Surahs) was in the same form as we see today.
As for the arrangement of some of the chapters (Surahs) they were put together according to the Ijtihad of Sahabah (may Allah be pleased with them).
Imam Ahmad and the Sunan compilers have reported a hadith by Ibn ‘Abbas which has been declared sound by Ibn Hibban and al-Hakim, they narrated that Ibn Abbas (ra) asked Uthman (ra) as to why he put Surah Al-Bara’ah (At-Tawba) after Surah Al-Anfal when it is from the Mathani (Surahs with less than 100 Ayahs) and Al-Bara’ah is from the Mi’un (consisting of about 100 Ayahs). Ibn Abbas said, “You have put them together them and you did not write between the lineبِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ ‘Bism’illah ar-rahman ar-rahim” and you have placed them among the seven long (Tiwal) Surahs. So Uthman said, “Often a Surah would be revealed to the Messenger of Allah (saw) that would have a number of verses. When something was revealed to him – i.e. verses from it – he used to call someone from among those who used to write for him and say: ‘Place these Ayah in the Surah, in which this and this is mentioned. Surah Al-Anfal was one of the first to be revealed in Madinah and Al-Bara’ah was at the end of the Qur’an. Their narrative used to resemble each other so I thought Anfal was part of Bara’ah.” The Messenger of Allah (saw) died and he did not clarify to us if Al-Anfal was part of Al-Bara’ah. Thus, it has been narrated by Sa’eed b. Jubayr from Ibn ‘Abbas who said that:
«كان النبي r لا يعلم ختم السورة حتى ينـزل بسم الله الرحمن الرحيم»
“The Prophet (saw) did not know the ending of a Surah until ‘Bism’illah ar-rahman a-rahim’ was revealed.” In another narration:
«فإذا نزلت بسم الله الرحمن الرحيم علموا أن السورة قد انقضت»
“When Bism’illah ar-rahman ar-rahim was revealed they knew that the Surah had come to an end.”
This indicates that the verse order in every Surah was determined by revelation (Tawqifiyyan). And since the Prophet (saw) did not elucidate the issue of al-Bara’ah, Uthman (ra) added it to al-Anfal according to his own Ijtihad. The author of al-Iqna’ reported that the Bism’illah (abbr. for Bism’illah ar-rahman ar-rahim) for al-Bara’ah is present in the Mushaf (collection) of Ibn Mas’ud. It has been reported that the Sahabah used to keep copies whose arrangement of Surahs was different though there were no differences in the verse arrangement. So the Mushaf of Ibn Mas’ud was compiled in a manner different to the Mushaf of Uthman in terms of the arrangement of the Surahs. It began with Al-Fatiha, then Al-Baqarah, Al-Nisa and Aal-Imran. Contrary to the Uthmani Mushaf whose arrangement is al-Fatiha, al-Baqarah, Aal-Imran and then Al-Nisa. None of them were compiled according to the order of revelation. It is said that the Mushaf of ‘Ali was according to the order of revelation, it began with Iqra’, then Al-Muddaththir, Nun wal qalam, Al-Muzzammil, Tabbat, Al-Takweer, Sabbih, it went on in this manner to the end of the Makkan Surahs and then to the Madinan Surahs.
All of this indicates that the Surah arrangement in relation to some Surahs were arranged according to the Ijtihad of the Sahabah. That is why maintaining the arrangement of Surahs in recitation in not obligatory whether in reciting the Qur’an (Tilaawah), in the prayer (Salah), in a lesson or in teaching, as evidenced by the fact that the Prophet (saw) read Surah al-Nisa before Aal-Imran in his night prayer. As for what has been reported about the prohibition of reciting the Qur’an in reverse order, what was intended was that an Ayah in one Surah should not be read in reverse, not the recitation of Surahs in reverse order.
The angel Jibreel used to read once every year all of what had been revealed to the Messenger (saw) from the Qur’an. And in the year in which the Messenger of Allah (saw) died Jibreel recited the whole of the Qur’an twice to the Messenger (saw). It has been narrated by Aisha (ra.) on the authority of Fatimah (ra) that:
«أسَرَّ إليّ النبي r أن جبريل يعارضني بالقرآن كل سنة وأنه عارضني العام مرتين ولا أراه حضر إلا أجلي»
“The Prophet (saw) confided in me that: ‘Jibreel used to read the Qur’an to me every year.’” (Bukhari)
It has also been narrated by Abu Hurayra that he said:
«كان يعرض على النبي r القرآن كل عام مرة فعرض عليه مرتين في العام الذي قبض فيه»
“Jibreel used to present the Qur’an to the Prophet once a year, but he presented it twice to him in the year he died.” (Bukhari)
Jibreel’s presentation of the Qur’an to the Messenger (saw) every year means that he presented the arrangement of its verses in relation to other verses and the arrangement of its verses in their respective chapters because presenting the book means to present its sentences, words and arrangement.
There are also other Ahadith which explicitly mention the arrangment of verses. They state the verses in relation to each other and the arrangment of verses in their respective chapters,
«ضعوا هذه الآيات في سورة كذا بعد آية كذا»
“Place these verses in such and such Surah after such and such Ayah.”
«ضعوا هؤلاء الآيات في السورة التي ذكر فيها كذا وكذا»
“Place those verses in that Surah that mentioned such and such thing.”
A Surah would end and another Surah would begin as decreed by Allah through Jibreel. All of this definitely indicates that the arrangement of verses in their chapters and the form of the Surahs in terms of the number of verses and their places, all of that is determined (Tawqifi) by Allah (swt). The Ummah transmitted it in this form from the Prophet (saw) and that is proven by Tawaatur (recurrent reports).
It was narrated by the mother of the believers, Aisha (ra), that a person from Iraq came to her and asked, “What type of shroud is the best?” Aisha said, “May Allah be merciful to you! What does it matter?” He said, “O mother of the believers! Show me (the copy of) your Qur’an.” She said, “Why?” He said, “In order to compile and arrange the Qur’an according to it, for people recite it with its Surahs not in proper order.” ‘Aisha said:
(أي الكفن خير؟ قالت: ويحك وما يضرك؟ قال: يا أم المؤمنين، أريني مصحفك. قالت: لِمَ؟ قال: لعليّ أؤلف القرآن عليه فإنه يقرأ غير مؤلف. قالت: وما يضرك أيه قرأت قبل؟ إنما نزل أول ما نزل منه سورة من المفصل فيها ذكر الجنة والنار، حتى إذا ثاب الناس إلى الإسلام نزل الحلال والحرام، ولو نزل أول شيء لا تشربوا الخمر، لقالوا: لا لا ندع الخمر أبداً. ولو نزل لا تزنوا، لقالوا: لا ندع الزنا أبداً، لقد نزل بمكة على محمد r وإني لجارية ألعب: ]بَلِ السَّاعَةُ مَوْعِدُهُمْ وَالسَّاعَةُ أَدْهَى وَأَمَرُّ (46)[. وما نزلت سورة البقرة والنساء إلا وأنا عنده. قال: فأخرجت له المصحف فأملت عليه آي السور)
“What does it matter which part of it you read first? Know that the first thing that was revealed thereof was a Surah from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the verses regarding legal and illegal things were revealed. If the first thing to be revealed was: ‘Do not drink alcoholic drinks.’ people would have said, ‘We will never leave alcoholic drinks,’ and if there had been revealed, ‘Do not commit illegal sexual intercourse, ‘they would have said, ‘We will never give up illegal sexual intercourse.’ While I was a young girl of playing age, the following verse was revealed in Makkah to Muhammad:
بَلِ السَّاعَةُ مَوْعِدُهُمْ وَالسَّاعَةُ أَدْهَى وَأَمَرُّ
“Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.” (TMQ Al-Qamar: 46)
Surah Al-Baqara and Surah al-Nisa were revealed while I was with him.” Then ‘Aisha took out the copy of the Qur’an for the man and dictated to him the verses of the Surahs. This hadith shows that the chapters of the Qur’an had not been put together in order. Together with what was mentioned earlier about the different arrangements in the Mushaf’s of various Sahabah it becomes clear that the arrangement of the Surahs was according to the Ijtihad of the Sahabah.
It has been proven by decisive and definite evidence that when the Prophet (saw) died the whole Qur’an had been written and all of it was preserved in the hearts of the Sahabah (may Allah be pleased with them). An verse or verses would be revealed and so he (saw) used to order that they be written down before him at once. He (saw) did not prevent the Muslims from writing the Qur’an other than what he used to dictate to the scribes who wrote down the revelation.
Abu Sa’id al-Khudri narrated that the Messenger of Allah (saw) said:
«لا تكتبوا عني ومن كتب عني غير القرآن فليمحه»
“Do not write down anything from me, whosoever writes anything I have said other than the Qur’an let him erase it.” (Muslim)
What the scribes used to write of the revelation was collected on sheets (Suhuf). He (swt) said:
رَسُولٌ مِنَ اللَّهِ يَتْلُو صُحُفًا مُطَهَّرَةً
“A Messenger from Allah, reciting purified pages (Suhuf) (of the Qur’an).” (TMQ Al-Bayyinah: 2)
كَلَّا إِنَّهَا تَذْكِرَةٌ (11) فَمَنْ شَاءَ ذَكَرَهُ (12) فِي صُحُفٍ مُكَرَّمَةٍ (13) مَرْفُوعَةٍ مُطَهَّرَةٍ (14) بِأَيْدِي سَفَرَةٍ (15) كِرَامٍ بَرَرَةٍ (16)
“Nay, indeed it (verses of the Qur’an) are an admonition. So whoever wills, let him pay attention to it. (It is) in Records held (greatly) in honour. Exalted (in dignity), purified. In the hands of scribes, Honourable and obedient.” (TMQ Al-Abbasa: 11-16)
He (saw) left written everything that was between the two covers of the Mushaf which had been written down in front of him. ‘Abd al-‘Aziz b Rufayya’ narrated:
«دخلت أنا وشداد بن معقل على ابن عباس رضي الله عنهما فقال له شداد بن معقل: أَترك النبي r من شيء؟ قال: ما ترك إلا ما بين الدفتين. قال: ودخلت على محمد بن الحنفية فسألنا فقال ما ترك إلا ما بين الدفتين»
“Shaddad bin Ma’qil and I entered upon Ibn ‘Abbas. Shaddad bin Ma’qil asked him, “Did the Prophet leave anything (besides the Qur’an)?” He replied: “He did not leave anything except what is Between the two bindings (of the Qur’an).” Then we visited Muhammad bin Al-Hanafiyya and asked him (the same question). He replied, “The Prophet did not leave except what is between the bindings (of the Qur’an).”
An Ijma’ (consensus) has taken place on the fact that all of the verses of the Qur’an in their respective chapters (Surahs) had been written down directly in front of the Messenger (saw) when the revelation was revealed to him, and that they were written on sheets (Suhuf). The greatest of Messengers died content about the Qur’an, his greatest miracle which established the proof for the Arabs and the world. He did not fear for the verses of the Qur’an that they would be lost because Allah (swt) has preserved the Qur’an with an explicit text:
إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَ
“Verily We: It is We Who have sent down the Zikr (the Qur’an) and surely, We will guard it (from corruption).” (TMQ Al-Hajj: 9)
Due to the preservation of the Qur’an in its written form and in the memory of the Sahabah after the death of the Messenger the Sahabah initially did not feel the need to compile the Qur’an in one book. This was the case until many of the Huffaz (memorisers of the Qur’an) had been killed in the Riddah (apostasy) wars. Due to this Umar (ra) feared for the loss of certain sheets and death of the Qurra’ (Those who had committed the whole of the Qur’an to memory), thereby causing some verse to be lost. So he thought about bringing the written sheets together (in one compilation). He presented his idea to Abu Bakr (ra) who eventually accepted this and ordered for the compilation of the Qur’an.
It has been narrated by ‘Ubayd b. al-Sibaq that Zayd b al-Thabit Al-Ansari said: “Abu Bakr sent for me after the (heavy) casualties among the warriors (of the battle) of Yamama (where a great number of Qurra’ were killed). Umar was present with Abu Bakr who said, “Umar has come to me and said, ‘The people have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be more casualties among the Qurra’ at other battle-fields, whereby a large part of the Qur’an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur’an.’” Abu Bakr (ra) added, “I said to Umar, ‘How can I do something which Allah’s Apostle has not done?’ Umar said (to me), ‘By Allah, it is (really) a good thing.’ So Umar kept on pressing, trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as Umar.” Zayd b al-Thabit added: “Umar was sitting with him (Abu Bakr) and was not speaking to me. “You are a wise young man and we do not suspect you (of telling lies or of forgetfulness) and you used to write the revelation (Wahy) for Allah’s Apostle. Therefore, look for the Qur’an and collect it (in one manuscript).” “By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur’an. I said to both of them, ‘How dare you do a thing which the Prophet has not done?’ Abu Bakr said, ‘By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and Umar. So I started locating Quranic material and collecting it from parchments, scapula, leaf-stalks of date palms and from the memories of men (who knew it by heart). I found with Khuzaima two Verses of Surah Al-Tawbah which I had not found with anybody else (in terms of the written form), (and they were):
لَقَدْ جَاءَكُمْ رَسُولٌ مِنْ أَنْفُسِكُمْ عَزِيزٌ عَلَيْهِ مَا عَنِتُّمْ حَرِيصٌ عَلَيْكُمْ بِالْمُؤْمِنِينَ رَءُوفٌ رَحِيمٌ
“Verily, there has come unto you a Messenger from amongst yourselves. It grieves him that you should receive any injury or difficulty.” (TMQ At-Tawbah: 128) until the end of Bara’ah.”
The manuscript of the Quran which was collected, remained with Abu Bakr (ra) until Allah (swt) took him, and then with Umar (ra) during his lifetime, and finally it remained with Hafsa (ra), Umar’s daughter. Zayd’s (ra) compilation of the Qur’an did not consist of what he wrote down from the Huffaz. Rather his compilation brought together what he had written himself in front of the Messenger of Allah (saw). He did not place one sheet with another sheet in order to compile them unless two witnesses testified for that sheet that it was written in the presence of the Messenger of Allah (saw). Furthermore, he did not accept a sheet unless it met two conditions. Firstly, that it was present in written form with one of the Sahabah. Secondly, that it has been memorised by one of the Sahabah. When the written and memorised forms concurred with the sheet that was intended to be compiled, he took it, otherwise he did not accept it. That is why he refrained from taking the end of Surah al-Bara’ah until he found it in written form with Abu Khuzayma even though Zayd could himself recall and remember it. It has been narrated via Yahya b ‘Abd al-Rahman b. Hatib that he said: “Umar stood up and said; whosoever has received anything of the Qur’an from the Messenger of Allah (saw), let him bring it forth. They used to write that on sheets, tablets and palm risp.” Ibn Hatib said: “He (Zayd) did not accept anything from anyone until two witnesses had given testimony. This shows that Zayd was not satisfied by merely finding something in a written form until the one who received it testified that he had heard it from the Messenger of Allah (swt), despite the fact that Zayd already had it memorised. He did this due to his extreme caution.”
Thus, the process of compilation was nothing other than the bringing together of sheets that had already been written in the presence of the Messenger of Allah (saw) into one book between two covers. The Qur’an used to be written down on sheets but they were separately kept. So Abu Bakr (ra) assembled them in one place. That is why Abu Bakr’s order to compile the Qur’an was not an order to write it down in one Mushaf, rather it was an order to bring the sheets that had been written in the Messenger’s presence together in one place. This was an order to make certain that they are in the same original form by supporting them with the testimonies of two witnesses that they had been written in front of the Messenger of Allah (saw), also that they were in the possession of the Sahabah in written form and they had memorised them. These sheets remained preserved in the possession of Abu Bakr (ra) during his life and then with Umar (ra) during his lifetime and them with Hafsa (ra) the daughter of Umar, the mother of the believers in accordance with Umar’s bequest. From this it becomes clear that Abu Bakr’s compilation of the Qur’an constituted only the bringing together of sheets that had been written in the presence of Allah’s Messenger and it was not an actual compilation of the Qur’an.
This was regarding the compilation of Abu Bakr. As for the compilation of Uthman (ra), in the third or some say the second year of his Khilafah, in the year 25 AH, Hudhayfa b. al-Yaman (ra) approached Uthman in Madinah at the time when the people of al-Sham and the people of Iraq were waging war to conquer Armenia and Azerbijan. Hudhayfa was afraid of the people of al-Sham and Iraq’s differences in the recitation of the Qur’an. He saw that the people of al-Sham reading according to the recitation of Ubay b. Ka’b (ra), and they were coming with readings the people of Iraq had not heard of. Also he saw the people of Iraq reading according to the recitation of Abdullah b. Mas’ud (ra) and so they had certain readings that the people of al-Sham had not heard of. Thus, they began to charge each other of Kufr (disbelief). They both disagreed about a verse in Surah al-Baqarah. One read:
وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ
“And perform properly the hajj and ‘Umra for Allah (wa atimmul hajja wal ‘umrata lillah).” (TMQ Al-Baqarah: 196)
The other read: “And perform properly the hajj and ‘Umra to the House (of Allah) (wa atimmul hajja wal ‘umrata lil bayt).” So Hudhayfah became angry and his eyes went red with rage. It has been narrated about Hudhayfah that he said: “The people of Kufah adhere to the recitation of Ibn Mas’ud and the people of Basra adhere to the recitation of Abu Musa. By Allah! If I go to the Leader of the Believers I will order him to make it a single recitation.” So he travelled to Uthman (ra). It has been reported by Ibn Shihab that Anas b. Malik (ra) narrated: Hudhaifa bin al-Yaman came to Uthman at the time when the people of Sham and the people of Iraq were waging war to conquer Armenia and Azerbijan. Hudhayfa was afraid of their (the people of Sham and Iraq) differences in the recitation of the Qur’an, so he said to Uthman, “O chief of the Believers! Save this nation before they differ about the Book (Quran) as Jews and the Christians did before.” So Uthman sent a message to Hafsa saying, “Send us the manuscripts of the Qur’an so that we may compile the Qur’anic materials in perfect copies and return the manuscripts to you.” Hafsa sent it to Uthman. Uthman then ordered Zayd bin Thabit, ‘Abd Allah b. al-Zubair, Said b. al-‘As and ‘Abd al-Rahman b. Harith b. Hisham to rewrite the manuscripts in perfect copies. Uthman said to the three Quraishi men, “In case you disagree with Zayd b. al-Thabit on any point in the Qur’an, then write it in the dialect of Quraish, the Qur’an was revealed in their tongue.” They did so, and when they had written many copies, Uthman returned the original manuscripts to Hafsa. Uthman sent to every Muslim province one copy of what they had copied, and ordered that all the other Qur’anic materials, whether written in fragmentary manuscripts or whole copies, be burnt. The number of copies made was seven. The seven Mushafs were sent to Makkah, al-Sham, Yemen, Bahrayn, Basra, Kufa, and one copy was kept in Madina.
Therefore, Uthman’s action was not the compilation of the Qur’an. Rather it constituted in only the copying and transcription of the same thing transcribed from the Messenger of Allah (saw) as it was. He he did not do anything other than make seven copies from the preserved copy in the possession of Hafsa, mother of the believers and unite the people on this single script and forbade any other script or dictation other than it. The matter became settled on this copy as a script and dictation. It is the same script and dictation in which the sheets were written in the presence of Allah’s Messenger (saw) when the revelation was sent down, and it is the same copy which Abu Bakr (ra) had compiled. Then the Muslims began to make copies from this copy and not any other copy. Nothing remained except the Mushaf of Uthman in its script. When printers came about the Mushaf was printed from this copy with the same script and dictation.
The difference between the compilation of Abu Bakr and that of Uthman is that the compilation of Abu Bakr took place due to the fear that something would be lost from the Qur’an if any of its memorisers died out.
As even though it was written on sheets it had not been collected in one place in a single book, thus it was compiled. The compilation of Uthman took place because differences increased regarding aspects of the Qur’an when they read it due to the expansion of the language. This led some to accuse others of making an error. It was feared that the matter would escalate and become seriously worse. So the original compilation was copied seven times and sent to the different Muslim provinces. The Mushaf that we now have before us is the same Mushaf revealed to the Messenger of Allah (saw). It is the same mushaf that Abu Bakr brought together when the sheets were compiled in one place. And it is the same one from which Uthman transcribed the seven copies and ordered for the rest to be burned. It is the same noble Qur’an in its verse arrangement in relation to each other and their arrangment in their respectives Surahs, script and dictation.
As for the original copy dictated by the Messenger of Allah (saw) from the revelation, those sheets were compiled together and then copied. It remained protected in the possession of Hafsa, mother of the believers until Marwan became the Wali (governor) of Madinah and he tore it up. Since it was not considered binding because copies of the Mushaf had spread everywhere. Ibn Shihab narrated that Salim b. ‘Abdullah b. Umar informed him: That Marwan used to send for Hafsa – i.e. when he was the Amir of Madinah via Mu’awiyya – asking her for the sheets from which the Qur’an was written. She refused to give him it. Salim said: When Hafsa died, while we were returning from her burial Marwan communicated his firm decision to ‘Abdullah b. Umar that he send him that mushaf. So ‘Abdullah b. Umar sent it to him. Marwan ordered it to be destroyed. He said: “I did this because I feared that if it remained with people for a long time then people will have doubts regarding these sheets.”
The noble Qur’an does not have a Zaahir (outer) or Baatin (secret) meaning as some claim. It is an Arabic speech, which has come in the tongue of the Arabs. He (swt) said:
إِنَّا أَنْزَلْنَاهُ قُرْآَنًا عَرَبِيًّا
“We have sent it down as an Arabic Qur’an.” (TMQ Yusuf: 2)
بِلِسَانٍ عَرَبِيٍّ مُبِينٍ
“In the plain Arabic language.” (TMQ Ash-Shu’ara: 195)
It is understood the same way as any Arabic speech is understood. What Allah (swt) intends by the Qur’an is what has been expressed by the noble Qur’an itself. Allah (swt) did not intend anything other than what was expressed. His intention is only understood from understanding of the syntax. The Arabic meaning is what Allah (swt) intended in His speech, which He (swt) expressed in the Arabic words and Arabic style. Accordingly, the import of the speech is what the speech indicated, through the linguistic proofs and the Shar’i indication mentioned in the Kitaab or Sunnah. This has no ‘outer’ or ‘inner’; it rather has a meaning indicated by the Arabic speech, through the understanding of the Arabic words and styles.
3.6 The Muhkamaat (clearcut) and Mutashaabihaat (ambiguous)
The Qur’an is composed of Ayat which are Muhkamaat (clearcut) and Ayat which are Mutashaabihaat (ambiguous), due to the saying of Allah (swt):
هُوَ الَّذِي أَنْزَلَ عَلَيْكَ الْكِتَابَ مِنْهُ آَيَاتٌ مُحْكَمَاتٌ هُنَّ أُمُّ الْكِتَابِ وَأُخَرُ مُتَشَابِهَاتٌ
“In it are Verses that are entirely clear, they are the foundations of the Book; and others not entirely clear.” (TMQ Al-Imran: 7)
As for the Muhkam (clear) part, it is the text whose meaning is apparent and clear such that it precludes the possibility of having any other meaning, i.e. its indication is explicit and not open to interpretation. Such as the saying of Allah (swt):
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
“Allah has permitted trading and forbidden Riba (usury).” (TMQ Al-Baqarah: 275)
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا
“Cut off (from the wrist joint) the (right) hand of the thief, male or female.” (TMQ Al-Ma’ida: 38)
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ
“And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding.” (TMQ Al-Baqarah: 179)
As for the Mutashaabih (ambiguous) part, it is the opposite of Muhkam. It is the text which is open to more than one meaning. It is open to a number of conflicting meanings. For example:
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ
“And divorced women shall wait (as regards their marriage) for three menstrual periods.” (TMQ Al-Baqarah: 228)
أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ
“Unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie.” (TMQ Al-Baqarah: 237)
أَوْ لَامَسْتُمُ النِّسَاءَ
“Or you have been in contact with women.” (TMQ Al-Ma’ida: 6)
وَيَبْقَى وَجْهُ رَبِّكَ ذُو الْجَلَالِ وَالْإِكْرَامِ
“And the Face of your Lord full of Majesty and Honour will abide forever.” (TMQ Ar-Rahman: 27)
فَإِنَّكَ بِأَعْيُنِنَا
“For verily, you are under Our Eyes.” (TMQ At-Tur: 48)
He (swt) also said:
مِمَّا عَمِلَتْ أَيْدِينَا
“From Our Handiwork” (TMQ Ya-Seen: 71)
And other such examples, whose wording have a number of conflicting meanings cannot be reconciled. Rather they need a linguistic Qareenah (indication), which would specify one of the meanings. It might also have an apparent meaning that implies anthropomorphisation of Allah (swt), a matter that is not possible, either rationally or by Shar’a, for the word to indicate. So, it needs a linguistic or Shar’i Qareenah (indication) to determine the intended meaning.
Asbaab an-nuzool (Circumstances of revelation)
Some jurists have coined the term ‘Asbab an-nuzool’ for incidents that the revelation came to clarify.
The question arises, do these Ahkam remain specific to these incidents and not go beyond them or do we apply these Ahkam on every similar incident?
The answer is, these Ahkam are applied on every similar incident and this is established in two ways:
1. By examining all the Ayat which were revealed clarifying the rules of these incidents we find that they came with expressions that were general and not specific and hence they must be taken in their generality.
2. The Messenger (saw) took these Ahkam in their generality and applied them on every similar incident.
So the Ayah of stealing was revealed regarding the theft of Majn or Rida of Safwaan, the Ayah of Zihar with regards to Salamah bint Sakhar or Khawlah bint Tha’labah the wife of Aws b. Saamit, the Ayah of imprecation (Li’aan) regarding Hilal b. Umayyah. Even though they were all revealed regarding specific incidences the Messenger (saw) and the Sahabah (may Allah be pleased with them) took them as general due to their general form and they applied them on every similar incident. This is proven by the Sunnah and Ijma of the Sahabah.
It was from these evidences that the follwing Shari’ah principle was deduced: ‘The consideration is for the generality of the expression and not for the specificity of the cause’ (Al-‘ibra bi ‘umoom al-lafz laa bi khususiyyat as-sabab).
Linguistically abrogation means canceling (Izaalah) or changing the thing and transforming it from one state to another while it still exists in essence.
Technically, it is the address (Khitaab) of the legislator which prevents the continuation of a Hukm Shar’i of a previous address (Khitaab).
As for the term abrogator (Naasikh) it may refer to Allah (swt):
مَا نَنْسَخْ مِنْ آَيَةٍ
“Whatever a Verse (revelation) do We abrogate.” (TMQ Al-Baqarah: 106)
Or it may refer to an Ayah: Thus, we say the ‘Ayah of the sword’ (At-Tawbah: 29) abrogated so and so Ayah.
As for the abrogated (Mansookh) it is the Hukm which has been lifted, like the Hukm which obliges paying the Sadaqah in front of the Messenger (saw) in the confidence of the Messenger (saw), the Hukm of bequests for hiers, the Hukm of waiting for complete year in respect to the widow. In abrogation the Hukm abrogated must be Shar’i and the evidence which indicates the lifting of the Hukm must be Shar’i and come after the address whose Hukm has been abrogated.
Allah (swt) has informed us of the occurrence of abrogation and the Ahkam which have been abrogated show us its true occurrence.
مَا نَنْسَخْ مِنْ آَيَةٍ أَوْ نُنْسِهَا نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا أَلَمْ تَعْلَمْ أَنَّ اللَّهَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ
“Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it. Know you not that Allah is able to do all things?” (TMQ Al-Baqarah: 106)
وَإِذَا بَدَّلْنَا آَيَةً مَكَانَ آَيَةٍ وَاللَّهُ أَعْلَمُ بِمَا يُنَزِّلُ قَالُوا إِنَّمَا أَنْتَ مُفْتَرٍ بَلْ أَكْثَرُهُمْ لَا يَعْلَمُونَ
“And when We change a Verse in place of another, and Allah knows the best of what He sends down, they (the disbelievers) say: you (O Muhammad [saw]) are but a liar. Nay but most of them know not.” (TMQ An-Nahl: 101)
Sheikh Ata ibn Khalil Abu al-Rashta in his excellent book ‘Teyseer al wusool Ila al-Usul’ (To make understanding Usul easy) lists the following types of abrogation:
a) Abrogation of the Hukm of the speech (Khitaab) without an alternative Hukm:
يَا أَيُّهَا الَّذِينَ آَمَنُوا إِذَا نَاجَيْتُمُ الرَّسُولَ فَقَدِّمُوا بَيْنَ يَدَيْ نَجْوَاكُمْ صَدَقَةً ذَلِكَ خَيْرٌ لَكُمْ وَأَطْهَرُ فَإِنْ لَمْ تَجِدُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ (12) أَأَشْفَقْتُمْ أَنْ تُقَدِّمُوا بَيْنَ يَدَيْ نَجْوَاكُمْ صَدَقَاتٍ فَإِذْ لَمْ تَفْعَلُوا وَتَابَ اللَّهُ عَلَيْكُمْ فَأَقِيمُوا الصَّلَاةَ وَآَتُوا الزَّكَاةَ وَأَطِيعُوا اللَّهَ وَرَسُولَهُ وَاللَّهُ خَبِيرٌ بِمَا تَعْمَلُونَ
“O you who believe! When you (want to) consult the Messenger (Muhammad [saw]) in private, spend something in charity before your private consultation. That will be better and purer for you. But if you find not the means for it, then verily, Allah is oft forgiving, Most Merciful. Are you afraid of spending in charity before your private consultation with him? If then you do it not, and Allah has forgiven you, then (at least) perform Salat and give Zakat and obey Allah and His Messenger. And Allah is All-Aware of what you do.” (TMQ Al-Mujadallah: 12-13)
This is an abrogation of giving charity before consulting the Messenger (saw) in private.
b) Abrogation with a lighter alternative:
The ratio of steadfastness goes from 1-10 to 2-10:
يَا أَيُّهَا النَّبِيُّ حَرِّضِ الْمُؤْمِنِينَ عَلَى الْقِتَالِ إِنْ يَكُنْ مِنْكُمْ عِشْرُونَ صَابِرُونَ يَغْلِبُوا مِائَتَيْنِ وَإِنْ يَكُنْ مِنْكُمْ مِئَةٌ يَغْلِبُوا أَلْفًا مِنَ الَّذِينَ كَفَرُوا بِأَنَّهُمْ قَوْمٌ لَا يَفْقَهُونَ
“O Prophet (Muhammad [saw])! Urge the believers to fight. If there are twenty steadfast persons amongst you, they will overcome two hundred, and if there be a hundred steadfast persons they will overcome a thousand of those who disbelieve, because they (the disbelievers) are people who do not understand.” (TMQ Al-Anfal: 65)
الْآَنَ خَفَّفَ اللَّهُ عَنْكُمْ وَعَلِمَ أَنَّ فِيكُمْ ضَعْفًا فَإِنْ يَكُنْ مِنْكُمْ مِئَةٌ صَابِرَةٌ يَغْلِبُوا مِائَتَيْنِ وَإِنْ يَكُنْ مِنْكُمْ أَلْفٌ يَغْلِبُوا أَلْفَيْنِ بِإِذْنِ اللَّهِ وَاللَّهُ مَعَ الصَّابِرِينَ
“Now Allah has lightened your (task), for He knows that there is weakness in you. So if there are of you a hundred steadfast persons, they shall overcome two hundred…” (TMQ Al-Anfal: 66)
c) Abrogation with a similar alternative Hukm:
The abrogation of facing Al-Quds to facing the Ka’bah in Makkah:
قَدْ نَرَى تَقَلُّبَ وَجْهِكَ فِي السَّمَاءِ فَلَنُوَلِّيَنَّكَ قِبْلَةً تَرْضَاهَا فَوَلِّ وَجْهَكَ شَطْرَ الْمَسْجِدِ الْحَرَامِ وَحَيْثُ مَا كُنْتُمْ فَوَلُّوا وُجُوهَكُمْ شَطْرَهُ وَإِنَّ الَّذِينَ أُوتُوا الْكِتَابَ لَيَعْلَمُونَ أَنَّهُ الْحَقُّ مِنْ رَبِّهِمْ وَمَا اللَّهُ بِغَافِلٍ عَمَّا يَعْمَلُونَ
“Verily! We have seen the turning of your (Muhammad [saw]) face towards the heaven. Surely We shall turn you to a Qiblah (prayer direction) that shall please you, so turn your face in the direction of al-masjid al-haraam. And whosesoever you people are, turn your faces in prayer in that direction.” (TMQ Al-Baqarah: 144)
d) Abrogation with a more difficult alternative Hukm.
In the beginning of Islam it was obligatory to confine women who have committed fornication to houses and punish them as a Hadd for committing zina. This has been abrogated by the Hukm which is well known:
وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًا (15) وَاللَّذَانِ يَأْتِيَانِهَا مِنْكُمْ فَآَذُوهُمَا فَإِنْ تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَا إِنَّ اللَّهَ كَانَ تَوَّابًا رَحِيمًا (16)
“And if they testify, confine them (ie women who have committed fornication) to houses until death comes to them or Allah ordains for them some (other) way. And the two persons among you who commit illegal sexual intercourse, punish them both. And if they repent (promise Allah that they will never repeat, ie commit illegal sexual intercourse and other similar sins) and do righteous good deeds, leave them alone.” (TMQ An-Nisa:15 -16)
Another example is the abrogation of the fast of ‘‘Ashura for the fast of Ramadhan.
‘Aisha (ra) narrated that; in the time of Jahiliyyah the Quraysh used to fast the day of ‘‘Ashura. And the Messenger (saw) used to fast on this day as well. When the Messenger (saw) went to Madinah he fasted on this day and instructed the people to fast as well. When Ramadhan became obligatory, he (saw) said:
«من شاء صامه ومن شاء تركه»
“Whosoever wishes to fast on this day let him fast and whosoever wants let him leave it.” (Bukhari & Muslim)
It is important to know what is abrogated, is the Hukm and not the recitation, this is what has been proven. Thus we can see the abrogation of the Hukm of the one year ‘Iddah period and the abrogation of bequests by parents. As for the two Ayat which have been abrogated, they are still recited and this is the case for the rest of the abrogated Ayat. As for the abrogation of recitation, such a case is not to be found. The absence of this type of abrogation is an evidence to say it is not allowed.
As for the Ahadith mentioned regarding this subject they are all Ahad (singular) narrations which cannot be relied upon in matters of ‘Aqeedah.
e) How abrogation takes place
First: Abrogation of the Qur’an with Qur’an:
The abrogation of giving Sadaqah before private consultation with the Messenger (saw).
Similarly, the one year’s ‘Iddah has been changed to 4 months and 10 days.
Allah (swt) said:
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِي أَنْفُسِهِنَّ مِنْ مَعْرُوفٍ وَاللَّهُ عَزِيزٌ حَكِيمٌ
“And those of you who die and leave behind wives should bequeath for their wives a year’s maintenance and residence without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honourable. And Allâh is All-Mighty, All-Wise.” (TMQ Al-Baqarah: 240)
He (swt) said:
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا
“And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days…” (TMQ Al-Baqarah: 234)
The same goes for the Ahkam mentioned previously.
Second: Abrogation of the Sunnah by Sunnah.
This is when one Mutawaatir abrogates another Mutaawatir, an Ahad (singular) narration is abrogated by Mutawaatir or an Ahad is abrogated by another Ahad narration. Like the Ahadith of the Prophet (saw):
«كُنْتُ قَدْ نَهَيْتُكُمْ عَنْ زِيَارَةِ الْقُبُورِ، أَلاَ فَزُورُوهَا»
“I used to forbid you from visiting the graves, now you should visit them.” (Muslim, Tirmidhï, Abu Dàwud & al-Nasa’i)
«إِذَا شَرِبَ فِي الرَّابِعَةِ فَاقْتُلُوهُ»
“If he drinks the fourth time (after being punished each time) then kill him.”[2]
«كنت نهيتكم عن ادخار لحوم الأضاحى لأجل الدافة فادخروها»
“I used to forbid you from storing away the sacrificial meat because of the large crowds. Now you may store it as you wish.” (Bukhari & Muslim)
Third: Abrogation of Sunnah by the Qur’an:
The Hukm of facing Al-Quds was abrogated by the Qur’an:
وَجْهَكَ شَطْرَ الْمَسْجِدِ الْحَرَامِ
“…so turn your face in the direction of al-Masjid al-haraam.” (TMQ Al-Baqarah: 144)
Also, having sexual intercourse at night was Haram for the one who fasted during the day according to the Sunnah. This was abrogated by the following saying of Allah (swt):
فَالْآَنَ بَاشِرُوهُنّ
“So now have sexual relations with them…” (TMQ Al-Baqarah: 187)
The fast of ‘Ashura was established by the Sunnah but abrogated by the Qur’an with the obligation to fast in Ramadhan.
Similarly, it was allowed to delay the prayer in the thick of battle according to the Sunnah. That is why the Messenger (saw) said on the day of Khandaq after delaying the Salah:
«حشا الله قبورهم نارا»
“May Allah fill their graves with Fire’ as they prevented him from praying the Salah.” (Muslim, Ahmad & Abu Ya’la)
This was abrogated by the Salat-ul-khawf (the Salah of fear) which was mentioned in the Qur’an:
وَإِذَا كُنْتَ فِيهِمْ فَأَقَمْتَ لَهُمُ الصَّلَاةَ
“When you (O Messenger Muhammad [saw]) are among them, and lead them in as-salah (the prayer)…” (TMQ An-Nisa: 102)
Fourth: It is not allowed to abrogate the Hukm established by Ijma.
This is because for a Hukm to be established by Ijma means a Hadith has not been narrated about it even though the Sahabah knew the Hadith but did not report it. They mentioned the Hukm without narrating the hadith. So for a Hukm to be established by Ijma means that there is no text for it in the Kitab and Sunnah, therefore, there is no possibility for a text to abrogate a Hukm established by Ijma.
Fifth: Abrogating the Hukm of Qiyas.
Abrogation does not occur in Hukm of Qiyas at all. This is because the recognised Qiyas is where its ‘Illah is Shar’i one i.e. it is the reason of the Hukm whether it is explicit (Sareeh), implicit, deduced or through analogy. Such an ‘Illah is taken from a Daleel, either from the Qur’an, Sunnah or Ijma as-Sahabah. The Qiyas remains as long as there is a daleel. It is not possible for abrogation to take place with regards to a Hukm deduced through analogy as long as the original matter exists. However, if the original matter is abrogated then there will be no Qiyas since the ‘Illah ceases to exist. However, in such a case it would not be abrogation of the Hukm of Qiyas, rather it would be abrogation of the Hukm established by the Kitab, Sunnah and Ijma.
Sixth: It is not allowed for the Kitab to be abrogated by the Mutawaatir Sunnah.
Although the Mutawaatir Hadiths are Qata’i (definite) they cannot abrogate the Qur’an for the following reasons:
1. Allah (swt) says:
وَإِذَا بَدَّلْنَا آَيَةً مَكَانَ آَيَةٍ
“And when We change a verse in place of another.” (TMQ An-Nahl: 101)
This means changing a Hukm established by an Ayah abrogates a Hukm established by another Ayah.
2. Allah (swt) says:
مَا نَنْسَخْ مِنْ آَيَةٍ أَوْ نُنْسِهَا نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا
“Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it.” (TMQ Al-Baqarah: 106)
The personal pronoun (We bring) refers to Allah (swt) i.e. the one who abrogates the Ayah is Allah (swt) and we know the Sunnah was brought by the Messenger (saw). This is because the wording of the Sunnah belongs to the Messenger (saw) and the wording of the Qur’an belongs to Allah. Even though the meaning of the Kitab and Sunnah are both revelations from Allah (swt), however the Sunnah is ascribed to the Messenger (saw) in terms of speech and the Qur’an is the speech of Allah (swt). Thus, the Hukm of an Ayah is abrogated only by another Ayah.
3. Allah (swt) says:
بِالْبَيِّنَاتِ وَالزُّبُرِ وَأَنْزَلْنَا إِلَيْكَ الذِّكْرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيْهِمْ وَلَعَلَّهُمْ يَتَفَكَّرُونَ
“And We have also sent down unto you (O Muhammad [saw]) the reminder and the advice (the Qur’an), that you may explain clearly to men what has been sent down to them.” (TMQ An-Nahl: 44)
So the Messenger (saw) explains the Ayat that have been revealed but he does not abrogate them. This is because abrogation means lifting the Hukm and not giving a clear explanation (bayaan) of the Hukm.
For all of these reasons the Mutawaatir Sunnah cannot abrogate Qur’an.
So by greater reason (Min Bab awla) the Qur’an cannot be abrogated by the Ahad (singular narrations) of the Sunnah. As in addition to what we have said about the Mutawaatir Sunnah the singular narrations are Dhanni (speculative) and the definite (Qata’i) cannot be abrogated by the speculative (Dhanni). However a hadith may specify a rule mentioned in the Quran such as the specification of lashing for the unmarried fornicator as the Sunnah stipulates stoning for the married adulterer.
Similarly, the Mutawaatir Sunnah cannot be abrogated by the Ahad (singular) narrations of the Sunnah, because the Mutawaatir is stronger than the Ahad. The definite report is not removed by the speculative report.
As for those who say turning from the direction of al-Quds for the Salah was established by the Mutawaatir Sunnah. This is because the people of Quba used to pray towards al-Quds based on the Mutawaatir Sunnah but when this was abrogated when a caller sent by the Messenger of Allah (saw) came and announced that the Qibla had changed. So they turned towards the direction of the Ka’ba based on his report and the Messenger (saw) did not object. The answer to this claim is that the abrogation of facing al-Aqsa was through the Qur’an as it was mentioned previously and the caller was only informing them of what had happened i.e. he informed the people about a new Hukm Shar’i.
[1] Al-Ihkaam, al-Aamidi 1/28, Rawdat al-Nathir, Ibn- Qudama al-Maqdisi 1/178
[2] Abu Dawud, Book 38, Number 4469 -
Refutation of the Iranian Constitution
The following is a useful article written by a brother some years ago.
Islam is unique. It is a religion yet its scope extends beyond the spiritual relationship with Allah. It is an ideology which includes a spiritual dimension which sets it apart from man made ideologies. It combines the spiritual elements with the social, political, economic and legal holistic system. It connects this life with the hereafter. Islam is divine, yet its laws are applied by humans. Its ruling system is not a theocracy where by the ruler governs in the name of and on the behalf of God. Nor does Islam recognize a clerical class which reserves the right to speak for representing God.
The following is a study of the constitution of Iran to find out the truth regarding Iran, weather it is a true Islamic State or not. Important thing to remember is that for any country to claim itself to be Islamic, all of its laws has to have Daleel Shar¹i i.e. evidence from the Qur¹an, Sunnah, Qiyas and Ijma as-Sahabah through Ijtihad. What renders any ruling, judgment or idea Islamic is not its use of Islamic terminology or it coming from an Islamic scholar, but its reliance on and derivation from an authentic Daleel through a correct process of Ijtihad.
The constitution of the Islamic Republic of Iran has many articles which comply with Islam but there others which directly conflict with it. This article points out the articles which are contradict Islam.
It is important to point out that for a constitution to be an Islamic, not even a single article or part of it can contradict Islamic laws (Shari’yah).
Enemies of Islam have been working day and night to prevent the real Islamic State from emerging in the world. To achieve this goal, they have given us the so called suto Islamic States. The author of the constitution of the Islamic Republic of Iran wrote a constitution for an Iranian State not for an Islamic State. He introduced many Islamic articles in the constitution. But it is still a constitution for Iran and not for an Islamic State.
Having a constitution for Iran and thinking that it is a constitution for an Islamic State causes lots of damage to Muslims because it direct their attention away from their duty to establish the Islamic State.
Islam has a unique form of government by which Muslims should rule themselves with.
Here are some of the points in the Iranian constituion which are conflict with Islam:
Article 1: The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their long-standing belief in the sovereignty of truth and Qur’anic justice, in the referendum of Farwardin 9 and 10 in the year 1358 of the solar Islamic calendar, corresponding to Jamadi al-‘Awwal 1 and 2 in the year 1399 of the lunar Islamic calendar (March 29 and 30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by the eminent marji’ al-taqlid, Ayatullah al-Uzma Imam Khomeyni.Comments: Republic is a non Islamic form of government in which people hire a ruler to rule them by laws made by people or by their representatives.
The executive branch in this system is normally run by an elected official for a given term.
In Islam a head of the state (Khalif or Imam) is selected by the Muslims. Then the Muslims give him a pledge or allegiance that they will listen and obey him as long as he is ruling by the Book (Qur’an) and the Sunnah of his prophet (saaw). As long as he is doing that he continues to rule for the duration of his life.
If he does not rule by the Book and the Sunnah of the Prophet, then he will be removed from the ruling position . Islam has the procedures on how to do that.
Article 5: During the Occultation of the Wali al-Asr (may God hasten his reappearance), the wilayah and leadership of the Ummah devolve upon the just (‘adil] and pious [muttaqi] faqih, who is fully aware of the circumstances of his age; courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107.
This article conflicts directly with the Islamic form of government in that this article allows for dual leadership Wilayat Al-Amr and the head of the State. In Islam it is the same function performed by one person only, weather you call him Khalifah or Imam or Ameer Al-Moumineen etc. However he should not be called by title which implies or indicates a form of government other than Islam.
Authority and responsibility in this article are completely lost between several uncoordinated positions. Islam is a unique system in which the responsibility of the state falls on the shoulders of the Khalifah.
Article 6: In the Islamic Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the President, the representatives of the Islamic Consultative Assembly, and the members of councils, or by means of referenda in matters specified in other articles of this Constitution.It indicates that “running of the affairs of the country is based on the opinions of the masses through elections”.
In Islam, the running of the affairs of the country is based on the Shari¹yah itself not on the opinions of the people.
Article 9: In the Islamic Republic of Iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.This constitution has very general and vague statement about freedom and independence.
The Muslim is restricted by Islamic rules. He cannot revert from Islam. So he does not have the freedom of belief as understood in the western world etc. The concept of freedom in Islam is that freedom is the opposite of slavery. Independence: Does that imply within present borders? This is not acceptable in Islam. The country is the country of Islam. Consequently all Muslim lands should be annexed.
Article 12: The official religion of Iran is Islam and the Twelver Ja’fari school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafi, Shafi’i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools.This article indicate that “the official religion in Iran is Islam and the twelfth Jaafary sect.” And, “this principle will remain eternally immutable” meaning this article can never be changed!
The “and” does it mean that the Jaafary sect is something other than Islam? Also not being changeable for ever; what if it proved to be wrong at a later date.
Article 15: The official language and script of Iran, the lingua franca of its people, is Persian. Official documents, correspondence, and texts, as well as text-books, must be in this language and script. However, the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to Persian.
Article 16: Since the language of the Qur’an and Islamic texts and teachings is Arabic, and since Persian literature is thoroughly permeated by this language, it must be taught after elementary level, in all classes of secondary school and in all areas of study.Articles 15 and 16 specifiy “Persian language as official language” and then “teach Arabic as a second language starting after the elementary stage”.
According to Islam the Arabic language should be the official language.
Article 18: The official flag of Iran is composed of green, white and red colors with the special emblem of the Islamic Republic, together with the motto [Allah-o Akbar].
The type of flag described in this article are not allowed in Islam. There are legislative sources in Islam describing the flag of an Islamic State.
Article 23: The investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief. This article indicate “freedom of belief”Islam has certain restrictions on that for Muslims.
Article 25: Examination of (the contents of), and non-delivery of, letters; recording and divulging of telephone conversations; disclosure of telegraphic or telex communications; censorship, pruning or non-transmission of messages; tapping and bugging and any kind of investigation are all forbidden, unless when so ordered by the law.”Prohibit spying on people except by law.”There is no law in Islam which allows spying on people in the Islamic State.
Article 29: Every person is entitled to the enjoyment of Social Security. This covers retirement, unemployment, old age, being laid off (AZ KAR OFTADEGI), being without a guardian, casual misfortune, accidents, and occurrences giving rise to the need for health services and medical care and treatment, through insurance etc.”Social Securities”
Social Securities is patch up job in the democratic system. In Islam the system itself provide for all these situations with a unique way unmatched by man made systems.
Article 41: Citizenship of Iran is the unquestioned right of all Iranians. The Government may not deprive any Iranian of his citizenship, except at their own request, or if they take up citizenship of another country.This indicate that the “Iranian citizenship is an absolute right to every Iranian….etc.”
In Islam there is no Iranian, Iraqi, Arab… etc. citizenship. There is a citizenship of the Islamic State. Do not forget that all these borders are established by our enemies. Why should we protect these borders for them.
Article 56: Absolute sovereignty over the world and man belongs to God, and it is He Who has made man master of his own social destiny. No one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this divine right in the manner specified in the following articles.
God did not give man the right to rule over his destiny. God ordered man to obey God and His Prophet (saaw). Social destiny is a legislative matter. It is from God because the legislator in Islam is God.
Article 57 : The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute wilayat al-‘amr and the leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.
This type of authority distribution is the basis of the democratic system. It became so engraved in our minds that we take it for granted.Legislation in Islam is from gods Laws are taken from the Book and the Sunnah of the prophet and applied by the head of the state. If he does not, he will be removed from the ruling position. Islam has the procedures on how to do that.
Article 60:The functions of the executive, except in the matters that are directly placed under the jurisdiction of the Leadership by the Constitution, are to be exercised by the president and the ministers.
This is exactly like democratic system. Islam has a unique system of execution (see structure of Islamic ruling)
Article 65: After the holding of elections, sessions of the Islamic Consultative Assembly are considered legally valid when two-thirds of the total number of members are present. Drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the Constitution has specified a certain quorum. The consent of two-thirds of all members present is necessary for the approve of the code of procedure of the Assembly.
This is taken from the democratic system, similar legislation is used in England, France and U.S. Islam has completely different structure of shoura. (see proposed Islamic constitution articles 101 through 107)
Article 67: Members of the Assembly must take the following oath at the first session of the Assembly and affix their signatures to its text: In the Name of God, the Compassionate, the Merciful. In the presence of the Glorious Qur’an, I swear by God, the Exalted and Almighty, and undertake, swearing by my own honor as a human being, to protect the sanctity of Islam and guard the accomplishments of the Islamic Revolution of the Iranian people and the foundations of the Islamic Republic; to protect, as a just trustee, the honor bestowed upon me by the people, to observe piety in fulfilling my duties as people’s representative; to remain always committed to the independence and honor of the country; to fulfill my duties towards the nation and the service of the people; to defend the Constitution; and to bear in mind, both in speech and writing and in the expression of my views, the independence of the country, the freedom of the people, and the security of their interests.Members belonging to the religious minorities will swear by their own sacred books while taking this oath. Members not attending the first session will perform the ceremony of taking the oath at the first session they attend.
There are many wrong concepts like dependence on human dignity instead of duty to obey Allah. Preservation of gains of Iranian Nation (not Muslim!) glory of the country.
Article 77: International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly.
This is not a function of the shura council in Islam.
This is influenced by the two house system used in US or parliamentary system used in France and other countries.
Article 78: All changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the Islamic Consultative Assembly.In Islam, this is absolutely Haram. The concept of having permanent borders is foregin to Islam.
This is something imposed on the Muslims by their enemies.
Article 79: The proclamation of martial law is forbidden. In case of war or emergency conditions akin to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Islamic Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the Assembly.
THIS NOT ACCEPTABLE. ISLAM HAS TO BE APPLIED AT ALL TIMES. This is similar to parliamentary systems in England and France. Islam has a unique form of government where this does not apply.
Article 87: The President must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.This article deals with “vote of initiation on trust of the assembly in the cabinet.” This is also taken from man made systems applied in most Western countries.
Article 91: With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition:
1. six ‘adil fuqaha’ conscious of the present needs and the issues of the day, to be selected by the Leader, and
2. six jurists, specializing in different areas of law, to be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by the Head of the Judicial Power.Artticle 91: deals with protecting Islamic rulings by forming a committee from scholars in Islam and scholars in man made law. Islam is complete, you do not need the man made law scholars unless you want to apply the man made law.
Article 107-110 : Deal with “The leadership, President and Leadership council”.
Experts elected by the people cannot and should not select 3 to 5 persons to run the country. It has to be one person who in turn can assign as many assistants as needed.
There is complete confusion about leaders and head of the state, and responsibilities.
In Islam there is one head of the state whose responsibility is to apply the Islamic Shari¹yah.
For detailed analysis see ruling structure in Islam.
Article 113 : After the office of Leadership, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with (the office of) the Leadership. Deals with the president of the republic .
This is a ruling structure completely different from the ruling structure of Islam.
Article 114 :The President is elected for a four-year term by the direct vote of the people. His re-election for a successive term is permissible only once.
This is exactly like US constitution. In Islam there is a Khalif who stays in his position as long as he is able to perform it and as long as he is applying the Islamic Shari¹yah.
Article 115 :The President must be elected from among religious and political personalities possessing the following qualifications: Iranian origin; Iranian nationality; administrative capacity and resourcefulness; a good past-record; trustworthiness and piety; convinced belief in the fundamental principles of the Islamic Republic of Iran and the official religion of the country.
This relates to the “qualifications of the president”
“He has to be of Iranian origin and be Iranian national…etc. and to be believing the principles of the Islamic Republic and the official sect of the state.”
Being of an Iranian Origin and Iranian national is an indication that the constitution is for Iranian Republic with Islam as its religion, not a constitution for an Islamic State which will annex all Muslim land to rule by Islam. Boarders between Moslems are not accepted by Islam.
Article 121 : The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:
“In, the Name of God, the Compassionate, the Merciful, I, as President, swear, in the presence of the Noble Qur’an and the people of Iran, by God, the Exalted and Almighty, that I will guard the official religion of the country, the order of the Islamic Republic and the Constitution of the country; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, the propagation of religion and morality, and the support of truth and justice, refraining from every kind of arbitrary behavior; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country I will not shirk any necessary measure; that, seeking help from God and following the Prophet of Islam and the infallible Imams (peace be upon them), I will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me.”
The oath is made in front of the Koran and in front of the Iranian Nation. This is an indication that the constitution is made for an Iranian Nation with Islam as its religion, not for an Islamic state.
There is also many unclear statements about nation, public, moral…etc.
Article 124 : The President may have deputies for the performance of his constitutional duties. With the approval of the President, the first deputy of the President shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.
This is the way done in the western systems. This article is influenced by the French System and very far from the Islamic form of government.
Article 125 – 130 : Authority of the president Exactly according to the western systems. Ruling should be by Islamic system. The responsibility and authority is given to a Khalifah who in turn use assistants as needed.
Article 133 – 138: Deals with Prime Minister and Ministers. All of this is based on man made laws applied in the western world. Islamic ruling structure is completely different.
Article 139 : The settlement, of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.
This is based on man made laws. In Islam this is by Mahkamat Al-Madalem.
Article 142 : The assets of the Leader, the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.
This is conflicting with article 37 which says that the basis is the innocency except if proved guilty.
Article 143 : The Army of the Islamic Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Islamic Republic.
Related to the responsibility of the Army “Protect the unity of the land of the nation” this is not defined. Is it referring to present boarders imposed on us by the British.
Article 145 : No foreigner will be accepted into the Army or security forces of the country.
What is the definition of foreigner here. Is a Muslim Syrian or Muslim Iraqi is a foreigner?
Article 152 :The foreign policy of the Islamic Republic of Iran is based upon the rejection of all forms of domination, both the exertion of it and submission to it, the preservation of the independence of the country in all respects and its territorial integrity, the defence of the rights of all Muslims, non-alignment with respect to the hegemonist superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.
“Positive neutrality” Is a concept introduced by the United States in Bandong conference in 1956.
The Islamic state can never be in a position of neutrality on continuous basis. But also it is not allowed to support any Kufr system.
Beside Dar Al Islam, there is Dar Al Kufr, Dar Al Kufr can be one of two cases:
1) Case of treaty. That is allowed. But it has to have time term. It cannot be permanent.
2) Dar Al-Harb. That is a condition of war even if combat or fighting is not taking place.Article 154: The Islamic Republic of Iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. Accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the mustad’afun against the mustakbirun in every corner of the globe.
Related to not interfering with internal affairs with other nations but protect the struggle of the weak against tyrants in any place in the world.
This is giving up the most important duty of annexing all Moslem land and patching the wrong conditions in Dar Al-Kufr.
Article 155: The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.
This is from the western legislation. In Islam the Islamic State can give those who do not have its citizenship a permit to stay less than one year, after that he has to pay Jiziah and become a citizen, otherwise he has to leave.
Article 168: Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law in accordance with the Islamic criteria.
In Islam there is no jury trials, however arbitration is allowed. Note that arbitration is not jury trial.
Article 172: Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Gendarmerie, the police, and the Islamic Revolution Guards Corps. They will be tried in public courts, however, for common crimes or crimes committed while serving the department of justice in executive capacity. The office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary.
Related to “Military courts are formed for cases related to military people”
In Islam there is no such separation in courts. Courts might be specialized in certain cases but not according to the job of the person, there are no special courts for civilians and others for military.
