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A to Z of Ramadhan
The Obligation of Fasting
It is only when Allah (swt) revealed the Ayah, “O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that they may learn self restraint”, (2: 183) fasting was made obligatory.
Another Ayah that emphasizes this obligation is: “Ramadan is the month in which we sent down the Quran, as a guide to mankind, also clear (signs) for guidance and Judgment (Between right and wrong). So every one of you who is present (at his home) during the month should spend it in fasting, but if any one is ill or on a journey, the prescribed period (should be made up) by days later. Allah intends every facility for you; he dose not want to put you difficulties. (He wants you) to complete the prescribed period, and glorify Him in that he has guided you; and perchance ye shall be grateful”. (2: 185)
Was there any fasting before fasting in Ramadan became an obligation question?
The Messenger (saw) used to fast in the day of Ashura when he was in Mecca, as narrated by Bukhari. Then he continued fasting and ordered the Muslims to fast in Al-Medina. He later on made it as merely (Mandub) rather than an obligation (fard). Also, Imam Ahmed in his Musnad narrated that the messenger (saw) used to fast three days in every month upon arriving in Al-Medina.
The Reward for Fasting:
Since fasting is an act of worship between the slave and the creator and no one knows about it but Allah, the reward is not as any reward for normal acts of worship. The only one who knows about the reward is Allah (swt). The Messenger (saw) says, telling about Allah, “Every act taken by the son of Adam is done for him except fasting, it is for me and I make the reward”, (Bukhari)
Fasting stops the Muslim from Sinning:
Fasting is a shield that protects the fasting person form sinning. Disobeying and bad language. The messenger of Allah (saw) says, “Fasting is a shield. Thus while fasting you must not use foul language or act like those of ignorance (screaming, attacking others, etc), or speak loudly”. (Bukhari)
Furthermore, fasting Muslim is ordered not to retaliate if someone hurts him. The Messenger (saw) says, “And if somebody fights him or curses him he Should say, I fasting twice”. ( Bukhari)
The smell of the Fasting persons mouth:
It is strange that the smell of the mouth of the person who is fasting is disliked by the people but greatly liked by Allah (swt). Bukhari Narrates that the Messenger(saw) said: “By the one who has my soul in his hands, the smell of the mouth of the fasting person is better for Allah than the smell of musk”.
Special Gate in Al-Jannah for those who Fast:
Allah (swt) blesses those who fast and honors them, so much that He made a special gate in Al-Jannah. No one else uses this gate but them. The Messenger of Allah (saw) says, ” There is a gate in Al-Jannah called Ar-Rayyan which those who fast enter from on the day of judgment. And no one else enters from it. Once they enter from it, it is closed, and nobody else enters from it.” (Bukhari)
In Ramadan Gates of Goodness are Open and Gates of Evil are Closed:
For sure, the month of Ramadan is the best of months. Worship in this month is more rewarding than in other months. Upon the arrival of the month,
” The gates of Jannah and the Heavens are opened. The gates of hell are closed and devils are chained. ” (Bukhari)
Chaining the devils means stopping the source of evil. Thus, it is no wonder that many people return to Allah in this month after going astray.Due to Fasting Previous Sins Are Forgiven:
It is enough incentive for the Muslims to hear the following hadith to rush into obedience of Allah, “Whoever fasts in the month of Ramadan purely because of his faith and sincerity all of his/her previous sins will be forgiven.”
Forgiveness has two conditions:
We have to pay close attention to the saying of the Messenger (saw), ” Purely because of faith and sincerity.” It is those two conditions that differentiate between a regular habit and an act of worship. Thus, the one who fasts as a matter of habit or without sincerity, his/her fasting will no good. The Messenger of Allah (saw) said, “Whosoever does not saying and acting upon falsehood, Allah is in no need for him/her to abandon his/her food ” (Bukhari).
On the other hand, there is glad tidings for those who fast out of sincerity. The Messenger (saws) said, “There are two occasions for the fasting person where he/she will be happy. He/she will be happy when breaking the fast and will be happy, when he/she meets his/her lord.” (Bukhari)
The Intention is A Requirement for Fasting.
The intention is, indeed, differentiates an act of worship from an act of habit or an accident. For example, the person who abstains from eating, drinking, and sexual intercourse from Fajr till sunset for health reasons rather than for worshipping Allah the supreme is not considered to be fasting not Islamically and consequently will not be rewarded by Allah (swt). Therefor, the person who wants to fast must have the pure intention for doing that action only to please Allah (swt). Contrary, to the common misunder-standing, the intention need not be said by the tongue, for the intention is act of the heart. Moreover, the intention must be settled in the heart before Fajr. Al-Tirmithi and An-Nas’i narrated that the Messenger of Allah (saw) said, “Who does not intend to fast from nighttime, he/she has no fast (not accepted).” So the heart must be set on fasting the next day. Waking up for suhur is also sufficient to be considered as an intention.
There Is Blessing in suhur:
Surely, Suhur is sunnah. The Messenger (saw) said, ” have Suhur, for in suhur there is blessing. ” (Muslim)
It is also preferred to delay Suhur for the saying of the Messenger (saw), “my Ummah will be in good condition as long as they delay Suhur and rush in breaking fast” (Ahmed). In addition, Suhur is what differentiates our fast from that of the people of the book. The Prophet (saw) said, ” the difference between our fast and that of the people of the book is the meal of Suhur.” (Muslim).
The Best Things To Keep Us Busy In Ramadan:
Once the fasting Muslim has just left his/her food and drink for the sake of Allah (swt) prohibited. So he/she would not curse, use foul language, harm people , talk nonsense, etc. Thus, the best the fasting person should keep him/herself busy with is the remembrance of Allah, attend sessions of knowledge, read Quran, and spend in the path of Allah, etc.
If Someone Eats Or Drinks, Forgetfully, Then he/she Completes The Day Of Fasting:
It is natural for the human being to make mistakes and even sin, for human beings are created weak imperfect. Allah (swt) says, “And man was created weak.” Consequently, the fasting Muslim can make a mistake by forgetfully eating or drinking. In this case he/she is not sinning. This is so because of the saying of Messenger of Allah (swt), “Allah has forgiven mistakes, forgetfulness, and what is due to compulsion from my Ummah.” Therefore, the fast for that person is still valid. The Messenger of Allah (saw) says, “If he forgets and eats and drinks, then he should complete his fast. It was Allah who fed him and gave him the drink.” (Bukhari).
As for the person who’s overcome by his /her desires and thus breaks fast deliberately, he/she has committed a great sin. If he breaks fast by sexual intercourse, then he must make it up as explained in the following hadith by Bukhari: Abu Huraira said, “While sitting with the messenger of Allah (saw), ‘O Messenger of Allah I destroyed myself and destroyed my family also.” He said, “What is the matter ?” He said,” I had sex with my wife in Ramadan.” The Messenger of Allah (saw) asked, “Do you have a neck (slave) to free. He said, “No”. He said, ” Can you fast two months consecutively ?” He said, “No”. He said. Can you feed sixty poor people?” He said, “No”. After a while a branch of dates was brought to the Messenger (saw). He (the Messenger) said, “Where is the questioner?” He said, “Here I am.” He said, “Take this and give it as charity.” He said, “To someone poorer than me, O messenger of Allah? By Allah there is no family poorer than my family.”
The prophet (saw) laughed till his molar teeth could be seen and said, “Feed it to your family. “This is with regard to sexual intercourse, but with regard to anything less than intercourse, it is permissible.” Bukhari narrated that Aisha (raa) said, The prophet of Allah (saw) used to kiss and touch while fasting,” It is also permissible to have sexual intercourse at nighttime and delay Ghusul (Shar’ii faith) till after Fajr. “Aisha (ra) said that the prophet (saw) used to take Ghusal form janabah after Fajr in Ramadan and fast.” (Bukhari). In addition, it is allowed for the fasting person to rinse the mouth (if some water mistakenly enters the mouth it is still valid), take a bath, wear perfume, use Kohl, and use Miswak.
Permission To Break Fast In Travelling and Sickness:
Allah (swt) permitted us to break fast in travelling and in sickness on the condition that we make it up later on. “And for those who are sick or travelling, then (the prescribed period should be made up) other days.” This is by the mercy of Allah (swt). If the traveller finds himself/herself able to fast and prefers to do so, it is allowed. Bukhari narrated that Hamza bin Amru said to the prophet (saw), “Should I fast while travelling?” (He used to fast often). He said, “if you wish, fast, and if you wish break fast.” In the case of jihad, however, the Messenger (saw) used to obligate his companions to break fast when they were about to meet the enemy. The Messenger (saw) said, “You are meeting your enemy tomorrow, and breaking fast will make you stronger, so break your fast.”
Does Any Travel or Sickness Constitute Breaking the Fast?
It is only the sickness, that fasting will delay its recovery or worsen it, that permits the person to break the fast. But, the one that is not affected by the fast is not a legitimate excuse. Also it is the allowed kind of travel that breaking fast is allowed in not the haram one.
Fasting In Modern Transportation:
Some might think it is better not to break fast nowadays when travelling is easier. For those we recite the Ayah, “And your lord is not forgetful.” The Islamic laws are for all times and all places and they are put by the most knowledgeable about the past, present and future. Therefore, we can not make rules our minds and desires while we have a clear and true guidance from Allah.
The Menstruation and the Post-Childbirth Bleeding:
Women in either of these conditions are obligated to break fast until they become pure again. The Messenger (swt)said,
“Is it not that she does not fast nor pray during her menstruation period?” (Bukhari). They should make up for the missed days of fasting after Ramadan.The Pregnant and the Breast Feeding Women:
If a women is pregnant or breast feeds and she thinks she or her baby will suffer if she fasts, or she merely feels hardship in fasting, then she can break fast, but must make up the missed days. The Messenger of Allah (swt) said, “Allah takes away half of the salah from the traveler, the breast feeding women and the pregnant women “. (Abu Dawud).
The Elderly and the Incurable sick:
Both cases are in the category of the sick, except the elderly and the incurable do not have to make up the days that they have missed, for they are unable to do so, Nonetheless, they have to feed one poor person as Bukhari narrated about the action of Anas.
The fasting of Children and Teaching Them Manners:
It is a fact only those who are above the age of puberty and sane are addressed by Shari’ah. It is important, however, for the parents to take care of their children from an early age, rise them to be able to live Islamically, to love the rules of Islam, and to be consistent in performing them. The Messenger (swt) said, “Order your children to pray when they are seven years of age, beat them for it when they are ten years of age, and separate them in their beds”.(Abu Daud).
The Messenger of Allah (swt) and his companions used to do that. And Prophet Mohammed (swt) saw the children eating improperly, with him, he told the boy, “Boy! Say in the name of Allah (Bismillah), eat with your right hand, and eat from that which is in front of you”. The effect of this lesson on this lesson on this little child lasted all his life. Bukhari narrated that the child said, “I have been eating as he ordered me since”. Also Bukhari narrates that Ar-rabiia, the daughter of muawath (Raa) said, “We used to make our children fast and make their toys out of wool. If any of them cried because of hunger, we would give them toy till the time to breakfast”.
O, Muslims your children are trust which you will be questioned for. Teach them Islam, let them know that Allah and his Messenger, teach them to pray and fast and get them used to doing it properly. Teach them Quran, to read it and understand it. Make sure that they are in a relationship with Allah. That is not only good for them, but it is better and good for you in this life and hereafter. “O Believers, protect yourselves and your families from the hell fire which has humans and stones as its fuel”.
Salatul-Tarawih:
Abu Huraira said, “I heard the messenger of Allah (saw) say, “The one who does qiam in Ramadan with faith and sincerity, all his/her sins will be forgiven”.
May Allah azza wajaal accept our Siyaam, Salah, Nawafil, Taraweeh, Adhkar, Sadakat, and all efforts by helping others inshAllah
References:
*AL Fiqh ala Madhahib al Arba-Vol 1 pg 550-Imam Juzauri
*Al Maju’a Vol 6 pg 274 Imam Nawawi
*Bidaet Al Mujtahid Vol 1 pg 287 ibn Rushid
*Nail al Awtar Vol 4 pg 267 Imam Shawkani
*Al Mughni Vol 6 pg88 Imam Maqdasi -
Ramadhan: Past & Present
The following is a transcript delivered on this subject some time ago.
شَهْرُ رَمَضَانَ الَّذِيَ أُنزِلَ فِيهِ الْقُرْآنُ هُدًى لِّلنَّاسِوَبَيِّنَاتٍ مِّنَ الْهُدَى وَالْفُرْقَانِ
Allah (swt) says, “The month of Ramadhan in which was revealed the Qur’an, a guidance for mankind and clear proofs for the guidance and Al-Furqan.” [TMQ-Al-Baqarah: 185]“Oh you who believe! Fasting is prescribed to you as it was prescribed to those before you, that you many gain Taqwa” [TMQ 2:183]
¨ Today I am going to discuss another element related to Ramadhan, the history of Ramadhan – what key events took place in the past during this blessed month, during the life of the Prophet (saw) and the generations that followed him.
¨ Many of us may know that Ramadhan is a month of blessing, a month of reward, a month of fasting. However many of us may be unaware of that Ramadhan was a month of victory for the Muslims in the past and a month when many battles and conquests took place.
First Revelation
¨ The most significant event that took place during Ramadhan is the fact that the first revelation of the Quran came to Prophet Muhammad (saw) whilst he was in the cave in Mount Hira when the Angel Jibrael came to him with the first five ayat of Surat Al-Alaq. Allah (swt) revealed:
“Read: In the name of your Lord who created, Created man from a clot.” [TMQ 92:1-2]
¨ The Quran was revealed on Lail at al-Qadr (the night of power), a night upon which Allah (swt) made the reward of he who spends that night in prayer and total devotion to Allah (swt), forgiveness for all his past sins.
“Verily! We have sent it down in the night of Al-Qadr. And what will make you know what the night of Al-Qadr is. The night of Al-Qadr is better than a thousand months” [TMQ:Al-Qadr: 1-3]
¨ A night upon which Allah (swt) made the reward of he who spends that night in prayer and total devotion to Allah (swt), forgiveness for all his past sins.
¨ Imam Bukhari narrated on the authority of Abu Hurairah that the Messenger of Allah (saw) said “He who spends the night of Al-Qadr praying in total devotion, his past sins will be forgiven”.
· It was from this very first day that the Prophet (saw) realised that this message was not a light message for the people, was nor a mere ritualistic message like that of the Christians and the Jews at his time. He realised that this guidance wasn’t confined to Arabia or to any piece of land nor was it a message in compliance with the prevailing systems and authority of the day.
· Rather He (saw) realised that the message of Islam came to dominate over all other Deen’s or ways of life. As Allah (swt) said in Quran:
“It is He who sent His Messenger with guidance and the Deen of truth, to make it superior over all Deen’s (ways of life) even though the Mushrikeern (polytheists) hate it.” [TMQ 9:33]
· It was in this month that the Prophet returned home after receiving the first revelation, saying to his wife Khadija “After this day there is no more rest!”
· And we all remember in this blessed month how He (saw) struggled against the tyrants of Makkah attacking there false gods and systems until he managed to establish an authority in Madina which implemented Allah’s systems on this earth, which came to be known as Dar ul Hijra.
· After this the Prophet (saw) and the Muslims were no longer in a position of weakness rather they were transformed into a position of authority and strength.
Battle of Badr
· And we all remember how it was in this blessed month in the second year after the Hijra on a Friday morning on the 17th of Ramadhan that that Prophet (saw) led the famous Battle of Badr in which the Muslims were outnumbered 3 to 1, where just over 300 believers defeated an army of over 900 Kuffar. When the Quraysh were humiliated and the Muslims were victorious.¨ In the second year after the Hijra on the 8th of Ramadhan the Prophet (saw) left Madina with three hundred and five of his companions mounted on seventy camels. They rode the camels in turn heading towards a caravan led by Abu Sufyan, who was a leader of the Quraysh Kuffar.
¨ The Quraysh came out to protect their caravan, so the Prophet (saw) consulted the Muslims on what to do. Abu Bakr (ra) followed then by ‘Umar (ra) voiced their opinions respectively, then al-Miqdad ibn ‘Amr (ra) arose and said, “O Messenger of Allah! Go where Allah tells you, for we are with you. We shall not say as the children of Israel said to Moses ‘You and your Lord go and fight and we will stay at home’, but you and your Lord go and fight and we will fight with you.”
¨ The Muslims then went silent, and he (saw) said, “Give me advice O men!” by which he meant the Ansar who had paid allegiance to him at al-’Aqabah. They had pledged to protect him as they protected their wives and children. When the Ansar sensed that he (saw) meant them, Sa’ad ibn Mu’adh (ra) who was holding their banner said, “It seems as if you mean us, O Messenger of Allah.” He (saw) said, “Yes.” Sa’ad said, “We believe in you, we declare your truth, and we witness that what you have brought us is the truth, and we have given you our word and agreement to hear and obey; so go where you wish, we are with you; and by He who sent you, if you were to ask us to cross this sea and you plunged into it, we would plunge into it with you; not a man would stay behind. We do not dislike the idea of meeting our enemy tomorrow. We are experienced in war, trustworthy in combat. It may well be that Allah will let us show you something which will bring you joy, so take us along with Allah’s blessing.” The Messenger of Allah (saw) was delighted with Sa’ad’s words and said, “Forward in good heart, for Allah had promised me one of the two parties, and by Allah, it is as though I now saw the enemy lying prostrate.”
¨ Then the two sides advanced and drew near each other on Friday morning on the 17th of Ramadhan. The Messenger of Allah (saw) straightened the ranks and incited the Muslims to fight. The Muslims were encouraged by the words of Allah’s Messenger (saw) and went forward. The fighting broke out fiercely and the Muslims become stronger all the time chanting ‘Ahad! Ahad!’ (The One, the One). Allah’s Messenger (saw) whilst standing in the midst of the confrontation took a handful of pebbles and threw them at Quraish saying, “Foul be those faces!” Then he (saw) ordered his companions to charge and they duly obliged until the battle was over, and the foe was routed. The Muslims emerged victorious despite being outnumbered three to one. The Quraish fled the battlefield and the Muslims returned to Madinah having achieved a truly great victory.
Conquest of Makkah
· We should know that it was in this month of reward in the 8th year after Hijra on the 20th of Ramadhan that the Prophet (saw) returned to Makkah not as the ruled but as the ruler in the conquest of Makkah (Fath ul Makkah), when he took it under the authority of Islam. Makkah was conquered without a battle. He entered Makkah and treated the people justly. He (saw) personally entered the Ka’ba pointed to the idols with the his stick and recited the verse:“The Truth has come and the falsehood has passed away; verily falsehood is sure to pass away” [TMQ 17:81]
· After which all the idols which the Quraysh used to worship collapsed onto their backs, one after the other, then they were burnt broken up and disposed of.
· Thus Makkah was completely conquered and as a result the main obstacle standing in the way of the Islamic Da’wa had finally been overcome.
· Indeed it was also in this grand month 8 years after the Hijra that the Prophet (saw) destroyed the Masjid al Diraar which was the mosque of the hypocrites.
· And we all know how the Ramadhan’s that followed were under the rule of Islam. Even after the death of the Prophet (saw) the Khulafah, the rulers of the Muslims upheld the banner of Islam and the Muslims fought in the cause in Allah.
Conquest of Spain
¨ 92 A.H. Ninety-two years after the Hijrah, Islam had spread across North Africa, Iran, Afghanistan, Yemen and Syria. Spain was under the tyrannical rule of King Roderic of the Visigoths. Musa ibn Husair, the Muslim governor of North Africa, responded by sending his courageous general Tariq ibn Ziyad at the head of 12,000 troops. In Ramadhan of that year, they were confronted with an army led by Roderic, himself, who was seated on a throne of ivory silver, and precious gems, drawn by white mules. After burning his boats, Tariq motivated the Muslims warning them that and Paradise lay ahead of them and defeat and the sea to the rear. They burst with great enthusiasm and Allah (SWT) manifested a clear victory over the forces of disbelief. Not only were Roderic and his forces completely annihilated, but Tariq and Musa succeeded in liberating whole of Spain, Sicily and parts of France. This was the begining of the Golden Age of Al-Andalus where Muslims ruled for over 700 years.· It was also in this month of fasting when Al-Mu’tasim billah from Abbasids was the Khaleefah, one Muslim women was dishonoured by the Romans and he vowed not to break his fast until they were destroyed and he led the army which destroyed their town
Battle of Ain Jaloot
¨ It was also on Friday, 25 Ramadhan 658 A.H. that the Muslims defeated the Mongols in the battle of Ain Jalut, led by Saifuddin Qutz. Qutz told his army to wait until they finished the Friday prayers (Jummah Salah), “Do not fight them until it is sunset and the shadows appear and the winds stir, and the preachers and people start to implore Allah for us in their prayers”, and thereafter the fighting began. Jullanar, the wife of Qutz, was killed during the battle. He rushed towards her saying, “Oh my beloved one”. She told him while uttering her last breath, “Do not say that, and care more for Islam.” Her soul left her body after telling her husband that the Jihad for the sake of Allah and Islam is more important than love and personal relations. Qutz stood up saying “Islamah…Islamah”. The whole army repeated that word after him until they achieved their victory.
· It was also in this month of sacrifice in 1187 (CE) that Salahaddin Ayyubi defeated the Crusaders. On this day the Muslims virtually routed all the local Crusader forces capable of defending the Crusaders establishment in the Near East. With a 12,000 strong cavalry they defeated the Crusaders and re-took al-Quds back into its rightful hands.
· I have mentioned many of the victories which occurred to the Muslims in the past during the month of Ramadhan.
· If we look at the situation of the Muslim Ummah today in this Ramadhan or the Ramadhan’s previous to this for many years, we see the situation is very different. Today we see many of the Muslims of Iraq spending Ramadhan being bombarded whilst we break our fasts here with dates and good food, many of them remain hungry and have nothing to break their fasts with. Some of you may have even seen the documentaries and news programmes on the televisions or seen pictures in the newspapers of how the Muslims are being killed.
· However we need to ask the question: What has changed? This is the comparison we need to make between Badr and Iraq.
· Between Fath al Makkah (the opening of Makkah) and the occupation of the land in which the Ka’ba resides by the American troops today.
· This is the comparison we need to make between the destruction of the idols like Lat and Uzza by the hands of the Prophet in the month of Ramadhan and the implanting of the modern day idols of Capitalism in our lands today.
· This is the comparison we need to comprehend between the destruction of Masjid al Diraar, the mosque of the hypocrites in Ramadhan by the Prophet (saw) to the establishment of the hypocrites as rulers over us today.
· Between the destruction of the Crusaders and the regaining of al-Quds by Salahuddin Ayyubi in the month of Ramadhan to the giving of al-Quds to the modern Crusaders today.
· The comparison between the saving of the honour of the woman by al-Mu’tasim to the dishonouring of women in the Islamic lands today
· Indeed it is not enough for us as an Ummah to witness the multitude of problems that exists amongst us today rather we must understand the cause for these problems.
¨ The cause of this difference between the Ramadhan today and those victorious Ramadhan’s in the past is not difficult to understand, it is simply due to the absence of the Quran that Allah (swt) revealed as a guidance as al-Furqan (criterion) from implementation. Allah (swt) reveal the Quran to be left aside gathering dust on peoples shelves, rather he revealed it for it to be implemented on the people – so that they govern they lives by it and rule by it. In the past under the Islamic Khilafah, the rulers ruled by the Shariah contained in the Quran, today the rulers rule for their own interests and for the interests of the Kuffar.
¨ The Quran contains a complete Shariah covering all elements of life and if we do not implement it then we will face problems in all elements of life. It is impossible to implement the Quran without implementing it on the level of a state as many of ahkam (rules) contained in the Quran are to do with societal issues. When we listen to the Quran being read in the Taraweeh salah or when we read the Quran, we should look to the meaning of the ayat that we are reading.
¨ Allah (swt) tells us about the rules of fasting, the rules of buying and selling, the rules of marriage and divorce, the rules of how to appoint a ruler, the rules of the types of judges in Islam, the rules of collecting and distributing the Zakat, the rules of how to account the ruler, the ahkam of Jihad, the ahkam of the Masjid, the ahkam of punishing the theifs or adulterers. All of these are examples of rules contained in the Quran & in the Sunnah, so why is it that Muslims see these rules differently or only focus on the individual ones which you can easily perform by yourself and leave the rest?
¨ We must take the Quran as a whole and Islam as a whole, the Prophet (saw) told us that he has left 2 things that if we stick to we will not go astray, the Quran and the Sunnah. He (saw) said:
«إن الله يرفع بهذا الكتاب أقواماً ويضع به آخرين».
“Verily Allah raises some people by this Book and lowers others by it.” [Reported by Muslim.]¨ So let us make this Ramadhan the Ramadhan where we start to look at Islam as a complete Deen and system and begin to work to bring it back as a system, so that we can achieve the victories that the Muslims did in the past. We should not witness Ramadhan and remain as we used to be, if we were already practising Islam and working to re-establish its system then we should work harder and work to gain more reward. If we have not been practising Islam then we need to ensure that we start following it completely.
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The Dar Paradigm and Identity
Muslim residence in a non-Muslim land is not a new phenomenon to Islamic Law. Indeed one finds mention of laws pertaining to such domicile scattered unevenly within the pages of classical juristic works. However, such treatment was brief and circumstantially limited and understandably since Muslim migration to the West from the 1980’s onwards is different in respect to its magnitude, scope and perhaps even in nature from what historians have recorded in past eras and centuries. In the past Muslim presence in dar al-harb was either due to sojourns for the purpose of trade, conversion of non-Muslim residents of dar al-harb or a Muslim land was conquered by non-Muslims and these categories have been dealt with by the jurists. However today we have Muslims making the West their home. Bernard Lewis described the situation as, ‘a mass migration – a reverse hijrah – of ordinary people seeking a new life among the unbelievers is an entirely new phenomenon which poses new and major problems. The debate on these problems has only just begun.’[1]
In recognition of this new dimension and even anticipation of what was to come some Muslim scholars have sought developed a new branch of law, termed Minority fiqh, which deals with the myriad of issues and problems faced by Muslims residing in non-Muslim populated countries. The have sought to bring the miscellany of past juristic discussions and modern contributions together into a branch of law in its own right. The proponents of this new discipline like Dr Yusuf al-Qaradawi, Dr, Taha Jabir Alwani, Faysal Mawlawi and others have been highly influential in setting the ball rolling in this new legal discourse. The ideas set out by the above scholars have then been adopted and refined by a new generation of contributors to the subject like Tariq Ramadan, Dilwar Hussain and Nadeem Malik from connected in one way or another with the Islamic Foundation.[2]
As we mentioned before the issues touched upon by Minority fiqh are rather eclectic in nature, spanning the full ambit of normal jurisprudential discussions with some new additions as well. So in one page you might find a discussion on the ruling on women leading the prayer in another the ruling on cloning and use of synthetic alcohols. However, the most salient of these topics, which represents the ethos and provides direction to the diverse legal problems discussed under the rubric of Minority fiqh, is the question of identity and citizenship. How are Muslims to define their residence in the West in terms of their self perception and identity? What does it mean to be a Muslim living in say Britain, France or America whilst also being a member of the ‘ummah’? Is there a contradiction or is co-existence possible without a price to be paid in religious terms? In tackling the question of identity and citizenship- or the nature of Muslim belonging in the West in general – Muslims scholars have had to cover within their discourse many topics. Old terms have been scrutinised such as the concept of dar al-islam and dar al-kufr, while new terms have been introduced to replace the old juristic discourse. Also new ideas have had to be appraised in light of current scriptural and juristic thinking; ideas such as nationalism and the concept of citizenship. They have also tried to tackle the thorny and sensitive issues such as loyalty and identity from a contextual and pragmatic perspective. The result has been a modern neo-ijtihadic conception of Muslim inhabitancy in the West.
The Dar Paradigm
The dar paradigm is the traditional model employed by classical scholars to define the relationship between Muslims and non-Muslim political sovereign entities and as such it falls under the Muslim Law of international relations.[3] This is perhaps best illustrated by the fact that the most ubiquitous mention of the terms dar al-islam and dar al-harb are to be found in what are known as the siyar or maghazi literature or under the section of jihad in fiqh books.[4] The term jihad is understood by some modern day writers in the limited sense of war only but jurists classified under it the wider rules of international relations, hence they included the rules regarding treaties, ceasefire, asylum and international trade under this heading. Part of these is the rules of the dar al-harb, dar al-islam, dar ‘ahd etc, i.e. the different entities between which there will be different relationship based on a judgement of their reality. One aspect which comes under this whole framework of international relations is the question of whether a Muslim citizen of dar al-islam can reside in non-Muslim countries i.e. dar al-kufr or dar al-harb. It is worth adding that some Muslims scholars either discouraged or even forbade Muslims living in non-Muslim lands[5] whilst others were more relaxed about the matter.This division of the world into Muslim and non-Muslim and the disfavour of scholars upon those who reside in dar al-harb meant that Muslims viewed dar al-islam as their lands whilst dar al-harb was viewed as the land of foreigners or the even the enemy. Naturally in the pre-ottoman era and to an extent during and post World War One colonial period such a view was not questioned as it accorded with the reality where Muslim had their own homelands. However, after the Second World War as Muslims began to migrate to countries in the West seeking economic betterment and gaining citizenship, this idea seemed to clash with old ruling restricting Muslim residence in non-Muslim lands. Muslims increasing were beginning to feel at home in these countries and links back home was were gradually diminishing in quantity and intensity especially with the second and third generation Muslims. Given this reality how are Muslims residing in the West to view the laws and principles laid down by preceding generations? Clearly the seemed to be a contradiction between the old vision of Muslims countries as being home and now the countries in the west were Muslims had establish new roots.
Perhaps the first minority fiqh scholar to address a revision of the dar paradigm was Faysal Mawlawi. In his Al-Usus al-Shar’iyyah lil-‘Alaqat Bayn al-Muslimin wa-Ghayr al-Muslimin, he argued that the notion of a dar al-harb is an ancronistic concept in this day and age. He argue that the conditions used by jurists to define dar al-harb cannot be applied to a situation where there is greater secuity for Muslims in non-Mulims countries than Muslim popolauted countries.[6] As an alternative he suggested that such countries be known as dar da’wa ie the ‘land of inivatitaion’.The above idea was further echoed by Manna’ al-Qattan who suggested that non Muslim countries should be designated as dar ‘ahd due to their treaties and relations with Muslim countries.[7] Yusuf al-Qaradawi has also given his approval of the use of the term dar ‘ahd for countries in the West.[8] Thereafter Taha Jabir al-Alwani affirmed the above views and considered dar al-harb and dar al-islam as ‘superflous’ and counter productive to integration and nature of Muslim residence in the West.[9] Finally the Tariq Ramadan, absorbing all that has come before, went one step further by arguing that even the term dar ahd is misplaced since it is premised on the dar paradigm.[10] The notion of the dar he contends is of dubious legal provenance, an irrelevant geographic description that belongs in the past and impedes social cohesion because it gives a confrontational vision. For these reasons he dismisses the paradigm altogether. Instead he has offered his own term, dar shahada, or the world of testimony, to describe the ‘West’.
One might summerise their reasons for rejecting the dar paradigm under the follwoing points :
The terms dar al-islam and dar al-harb are legal conventions, the product of jurists, and not authentically attributable to the sources.[11]
The dar paradigm is an antiquated idea, a geopolitical term relevant to the time in which it was formulated.[12]
Below is an analysis of each of these points to what extent they are congruent with the context, maintain their asala in respect to following the sources and to what extent such ideas are likely to further the aim of integration.
A. Legal Provenance of the Dar
It has been asserted by the Minority fiqh scholars that the dar paradigm is a product of jurists and has no textual basis. Dr. Sultan Salih, the head of the American Centre for Islamic Research states: ‘This term did not exist in the Islamic fiqh in beginning of Islam, rather it came much late. It is a late juristic convention, not a shariah term, which should no be followed and is unsupported by any explicit texts or authentic hadiths.[13]Here he raises the following points:
i. The dar is a legal convention and not a Shariah term.
ii. There are no explicit mention of the term in the sources.
iii. The term was later introduction to Islamic law.These objections seem somewhat disingenuous since they would equally apply to Minority fiqh, or any branch of fiqh, whether classical or modern and would not establish any substantial point other than to say the terms are subject to new ijtihad if proven to be weak. There is a case for arguing that the dar is not shariah term, like salah and zakah, however that does not mean that as a legal convention it is unattributable to the sources. There are many terms coined by jurists to give description to a reality found in the text. For example the words mukallaf, mandub, aqeedah, fasid, jam’ taqdim, jam’ ta’khir, qiyas,’illah, ijma etc are all legal conventions, not mentioned explicitly anywhere in the sources but their meanings are well rooted in the text. Also, lack of explicit mention in the text means very little to the student of law given that fiqh is distinguished from Sharia’h precisely because it is generally not mentioned in the explicit meaning (mantuq) of the text but in its implicit meaning (mafhum). Minority fiqh is fiqh because it is based on speculative inference (dalalah zanniyyah), otherwise no such fiqh would have the room to arise. It is the speculative nature of the texts which give rise to the proliferation of fiqh. In the same vein the assertion that the term came late in the history Islamic law only serves to indicate that one might not be bound to follow it if disproved but that in itself does not disqualify it, just as Minority fiqh cannot be disqualified for being a 21ist century innovation in Islamic law.
Despite the usual refrain that no evidence exists, there seems to be no appetite to actually directly address the evidences which the jurists relied upon to establish their case. One hadith in question is the oft cited hadith narrated by Sulayman al-Buraydah:
‘When the Messenger of Allah appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the cause of Allah. Fight against those who do not believe in Allah. Fight but do not embezzle the spoils, do not break your pledge, do not mutilate (the dead) bodies and do not kill the children. When you meet enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and restrain yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their dar to the dar of Muhajirs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajirs. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims….’[14]
The above hadith implicitly make the point that Madinah, described as dar of the Muhajirs, is different from other dars. It affords its inhabitants, due to its rule, the rights and privileges given by Islam to the Muhajirs. This hadith does not state dar al-muhjijrin is a requirement[15] but that it is legitimate, i.e. en entity which is governed by Muslim rule affording its citizens, whether Muslims or non-Muslims certain rights and privileges. Those who live outside it, whether Muslims or non-Muslim will not enjoy the rights and privileges afforded by the state but will still be subject to the command of God by virtue of being Muslims. It also implicitly mentions the issue of security, as affording right and privileges to residents of a polity is to ensure their security.
In a similar vein we can understand the letter Khalid b. Walid wrote to the people of Hira which states: I have granted (the people of Hira) that any of their elderly who is unable to work, afflicted by a plague, or became poor such that his co-religionists give him alms, then his jizyah will be waived and he and his family will be provided for from the Bayt al-Mal of the Muslims as long as he lives in the dar al-hijrah and dar al-islam. If they leave the dar of the Muhajirs, the dar al-islam, then the Muslims are not obliged to maintain his family.’[16] The dar al-islam is where its inhabitants are looked after by the laws of that land. This is a Muslim land, as opposed to the non-Muslim land where the laws of Islam are absent (dar al-kufr or dar al-harb). Hence the author of Badai al-Sana’i states: ‘There is no disagreement amongst our scholars (ie the Ahnaf) that dar al-kufr becomes dar al-islam by the dominance of the laws of Islam.’[17]
In fact there are many other evidences one can cite which presupposes the existence of a rudimentary dar al-islam and dar al-harb without which such texts make no sense and remain of devoid any application. This is because these verses are not addressed to individuals but state entities. For example,
‘And if they incline towards peace, you also incline towards it.’[18]
This verse in not addressing individuals, but the Prophet Mohammed as the leader of the community for Muslims in Madinah, that he should make peace with those powers who wish peace, as the Prophet did when he concluded the treaty of Hudaybiyyah with Quraysh. In fact most of the rules pertaining to international law presumes the existence of a sovereign Muslim entity, i.e. dar al-islam, which has relationship with nations and states which are dar al-kufr i.e. non-Muslim states.
Finally, that there were, and will be, different types of sovereign political entities, irrespective of the designation one prefers, is a fact of human history. That religion should describe such entities from its own perspective is not a surprising development.
B. An Antiquated Concept?
Minority fiqh has dismissed the dar paradigm as an antiquated idea. This assertion is made based on two reasons:Firstly: It was a geographical or geopolitical term relevant to the time in which it was formulated. Ramadan states: ‘The concepts of dar al-islam, dar al-harb, and dar al-‘ahd were not described in the Qur’an or in the Sunna. In fact they constituted a human attempt, at a moment in history, to describe the world and to provide the Muslim community with a geopolitical scheme that appropriate to the reality of the time. This reality has completely changed.’[19]
Second: The conditions of the dar are out of date and inapplicable. For example the condition of security (aman) does not make sense today because Muslims have more security in the West than even in some Muslim countries. If living by Islam is to be the criteria then surely the countries in the West should be described as Muslim, which would be an absurd suggestion as would be the suggestion that Muslim countries now should be described as dar al-harb because they do not exhibit the perfect form of the legal system required by the Islamic religion.[20]
With regards to the first point we need to understand that the dar paradigm as a legal term maybe applied in certain time in history but its principles are valid whether or not they apply to certain reality. Law seems to have been confused with international geopolitics. The dar paradigm should not be equated with the paradigms of political scientists who talk of unipolar, bipolar or statist paradigms. The dar paradigm is a legal paradigm with its own logic i.e. it is law, and not political analysis, and informs on how things should be and how they are not. It is prescriptive whilst paradigms of political scientists deal with how things are and how they will be i.e. its observational and predictive. The two should not be confused. The dar paradigm, whether, one agrees with the use of the terms or not, refer to types of state entities in relation to the Muslims. Those states with whom Muslims have a treaty are called dar al-‘ahd and those states with whom the Muslims may be potentially at war are called dar al-harb hukman. As for states which are in occupation of Muslim countries or are invading a Muslim country they are called dar al-harb fi’lan. Where the Muslims are at war with an usurping entity and they make a temporary truce or ceasefire, that known as dar hudna or sulh. One look at the Middle East today indicates that all of the above realities exist. War, peace, treaties and ceasefires are the facts of international relations whether in the past, present and will be so in the foreseeable future. Therefore, the Islamic law of international relations, of which dar al-islam and dar al-harb, is a part, continues to have relevance.
As for the inconsistency of the conditions, these arise due to misunderstanding of what the jurists have said. Let us analyse the views of the Hanafi school which is referred to as the source of this confusion.
The Hanafi school is unanimously agreed as to what makes a land dar al-islam: al-Kasani states: ‘There is no disagreement amongst our scholars (i.e. the Hanafis) that dar al-kufr becomes dar al-islam by the dominance of the laws of Islam.’[21] In this respect they would be agreed that the West is not dar al-islam due to the obvious absence of the Islamic legal system. The dispute however was in respect to when dar al-islam becomes dar al-kufr. According to Abu Hanifah a dar al-islam will become dar al-kufr when three conditions exist:
1. Non-Muslim laws are applied.
2. The conquered land borders the non-Muslim lands.
3. There remains no Muslim or zimmi who has enjoys security (aman) from the original security i.e. security of the Muslims.However, Abu Yusuf and Muhammad differed and said: that the land becomes dar al-kufr by the application of non-Muslim laws.[22] We note from this discussion that they are not talking of lands which were never Muslim in the first place, such as the West. Hence the presence of security in a non-Muslim land which was never dar al-islam will not come under the above conditions. Thus, no confusion exists with regards to the application of the condition of aman with regards to the West; they are not dar al-islam by virtue of the security provided to Muslims because they were never originally dar al-islam in the first place.
As for the lands which were once dar al-islam and then came under non-Muslim rule or occupation. Such countries would become dar al-kufr when the laws become non Muslim according to Abu Yusuf and Muhammed al-Shaybani. As for Abu Hanifah, what did he mean by security? It seems that the expression ‘the original security i.e. security of the Muslims,’ indicates he was referring to authority and not just individual safety. He was reluctant to pronounce, a former dar al-islam, as dar al-kufr without setting more stringent conditions for what would be necessary to become dar al-islam. In any case later Hanafis argued that lands conquered by non-Muslims, as we saw in the past by Christians or the Mongols, would remain dar al-islam as long as Muslims were able to practise their religion.[23] This however was in respect to conquered lands and not lands which were never dar al-islam.[24]
The point is also made that following the classical definition the Muslim populated countries would be considered dar al-harb due to the absence of the Islamic rule. This is presumes that the dar paradigm is monolithic. In fact the dar paradigm is made of independent and interrelated parts. The absence of one part does not mean the absence or irrelevance of the other. Also the fact that it does not exist does not make it any less relevant if the law prescribes it. So the absence of dar al-baghi[25], an area of dar al-islam where a section of the population have rebelled against the legitimate ruler, does not make this discussion irrelevant just as the study of hudud and penal system is not irrelevant simply because they does not exist. Admittedly, Islamic law is not concerned with hypothesising, but situations which are expected or required by law are always clarified.
References:
[1] Lewis, Bernard, Legal and Historical Reflections on the Position of Populations under Non-Muslim Rule, Journal Institute of Muslim Minority Affaires, vol. 13:1 January 1992 p.13. For example of early thinking on this issue see Abdur Rehman Doi’s Duties and responsibilities of Muslims in Non-Muslim States: A point of View.’ Or Kalim Siddiqi’s view A Muslim Agenda for Britain: some reflections’, New Community,17,3, 1991, pp.467-75.
[2] Ramadan is on record as saying that he disagrees with the whole idea of ‘Minority fiqh’ because it depicts Muslims as a Minority when in fact they share majoritarian values. However, I have included him and others as part of the Minority fiqh discourse because they share the same legal philosophy and approach as the original Minority fiqh scholars. Therefore, Ramadan’s disagreement is only a semantic difference which cannot separate him from the Minority fiqh legal tradition he follows in his writing.
[3] Al-Shaybani, Abu ‘Abd Allah, The Islamic Law of Nations: Shaybani’s Siyar, Khadduri, Majid (trans.), (Maryland: The John Hopkins Press, 1966).idem, al-Radd ‘ala Siyar al-Awza’i, ed. Abu al-Wafa al-Afghani (Beirut: Dar al-Kutub al-‘Ilmiyya, n.d.) Abu Bakr al-Sarakhsi, Sharh al-siyar al-kabir, {Cairo:Ma’had al-Makhtutat) Wansharisi, A.hmad ibn Ya.hyá, al-Mi`yar al-Mu`rib wa-al-Jami` al-Mughrib `an Fatawá ahl Ifriqiyah wa-al-Andalus wa-al-Maghrib, (al-Ribat : Wizarat al-Awqaf wa-al-Shu’un al-Islamiyah, 1981-1983). Al-Shafi’i, Muhammad ibn Idris, al-Umm, (Beirut : Dar al-Kutub al-`Ilmiyah, 1993). Sahnun, Abu Sa’id, al-Mudawwana al-Kubra, (Cairo: Dar al-Fikr, n.d.), vol. 3. Modern writer have also followed this line of classification. Zuhaili, Wahbah, Athar al-harb fi l-fiqh al-islami, (Damascus: Dar al-fikr, 1962). Khadduri, Majid, War and Peace in the Law of Islam, (The John Hopkins Press, 1955), and the Phd thesis by Mohammed Khair Haykal, Al-jihad wal qital fi siyasa al-shar’iyyah, (Beirut, 1993).
[4] However, the terms dar al-islam and dar al-kufr are also used in a theological context but it enjoys limited usage. See Ash`ari, `Ali ibn Isma`il, Maqalat al-Islamiyin, ed. Muhammad ‘Abd Hamid (Beirut: al-Maktaba al-‘Asriyya, 1990).p.154.
[5] The Maliki position was the most prohibitive. See Wansharisi, A.hmad ibn Ya.hyá, al-Mi`yar al-Mu`rib wa-al-Jami` al-Mughrib `an Fatawá ahl Ifriqiyah wa-al-Andalus wa-al-Maghrib, (al-Ribat : Wizarat al-Awqaf wa-al-Shu’un al-Islamiyah, 1981-1983). Whilst some of the Shafi’is were on the other side of the spectrum where they preferred Muslim residence in dar al-harb as long as they served the Muslim interest. See Nawawi’s citation of al-Mawardi’s view in al-Majmu’ sharh al-muhadhdhab, (Beirut: dar al-fikr)
19/246.
[6] Mawlawi, Faysal,: Al-Usus al-Shar’iyyah lil-‘Alaqat Bayn al-Muslimin wa-Ghayr al-Muslimin, (Dar al-irshad al-islamiyyah, 1987).p.104-105.
[7] Al-Qattan, Manna’, Iqamat al-Muslim fi Balad Ghayr Islami (Islamic Foundation for Information, Paris, 1993).
[8] Shadid, W & Koningsveld, P.S. Van (eds.), Political Participation and Identities of Muslims in non-Muslim States, (Kampen, the Netherlands: Kok Pharos,1996).p.95.
[9] Alwani, Taha Jabir, Towards A Fiqh For Minorities: Some Basic Reflections’ (International Institute of Islamic Thought, 2003).p.xv and p.28.
[10] Ramadan, Tariq, Western Muslims and the Future of Islam (Oxford University Press, 2004).p.67.
[11] Ramadan, Tariq, Western Muslims and the Future of Islam (Oxford University Press, 2004).p.63. Sultan Salih, Radd ‘ala mufti Misr, where he states ‘it is a late juristic, no shariah term, which should no be followed and is unsupported by any explicit texts or authentic hadiths.’p.2
[12] Ramadan, Tariq, Western Muslims and the Future of Islam (Oxford University Press, 2004).p.66 and p.69.
[13] Sultan, Salih, Hiwar wa tarhih wa radd ‘ala mufti Misr. p.2[14] Sahih Muslim, 18/4294.
[15] Minority fiqh scholars have cited many other evidences which indicate that ruling and governance should follow the shariah. See Yusuf al-Qaradawis work entitled: ……….
[16] Abu Yusuf, Kitab al-Kharaj, p.155-156.
[17] Al-Kasani, Badai al-sanai, vol 7, p.130.
[18] [8:61]
[19] Ramadan, Tariq, Western Muslims and the Future of Islam (Oxford University Press, 2004) p.69.
[20] Mawlawi, Faysal,: Al-Usus al-Shar’iyyah lil-‘Alaqat Bayn al-Muslimin wa-Ghayr al-Muslimin, (Dar al-irshad al-islamiyyah, 1987).p.104.
[21] Al-Kasani, Badai al-sanai, vol 7, p.130
[22] Al-Kasani, Badai al-sanai, vol 7, p.130
[23] Ibn Abidin, Hashiyah Radd al-Mukhtar, 4/75.
[24] As for the off-the-wall views of Ibn Abidin and Mawardi, that being allowed to practice Islam makes a land dar al-islam, these views are rejected by Minority fiqh scholars anyway, hence it is unnecessary to go into these in any detail. See Sultan, Salih, Hiwar wa tarhih wa radd ‘ala mufti Misr. p.3.
[25] Zuhaili, Wahbah, Athar al-harb fi l-fiqh al-islami, (Damascus: Dar al-fikr, 1962).p.153. -
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
